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ANNUAL PROGRESS REPORT 2014
ALBANIAN CONTRIBUTION – INPUT I
SEPTEMBER 2013 – APRIL 2014
2 MAY 2014
TABLE OF CONTENTS
I. POLITICAL CRITERIA ...................................................................................................................................... 5
1. Democracy and the Rule of Law............................................................................................................... 5
2. Human Rights ......................................................................................................................................... 30
3. Property rights ........................................................................................................................................ 41
4. Regional issues and international obligations ...................................................................................... 47
II. ECONOMIC CRITERIA ................................................................................................................................... 49
1. FUNCTIONING MARKET ECONOMY ....................................................................................................... 49
1.1 Recent economic developments ....................................................................................................... 49
1.2 Reporting on monetary and fiscal policies .................................................................................... 58
1.3 Interplay of market forces ................................................................................................................ 62
1.4 Market entry and exit ........................................................................................................................ 62
1.5 Financial sector .................................................................................................................................. 66
2. CAPACITY TO COPE WITH COMPETITIVE PRESSURE AND MARKET FORCES WITHIN THE UNION
......................................................................................................................................................................... 71
2.1 Endowment with human and physical capital .............................................................................. 71
2.2 Sectoral and enterprise structure ................................................................................................... 73
2.3 State influence on competitiveness / competition ........................................................................ 74
2.4 Trade integration .............................................................................................................................. 76
2.5 Real exchange rate ............................................................................................................................ 77
III. ABILITY TO ASSUME THE OBLIGATIONS OF MEMBERSHIP ..................................................... 78
CHAPTER 1: FREE MOVEMENT OF GOODS................................................................................................ 78
1.1 Horizontal Issues ................................................................................................................................... 78
1.2 Old Approach Directives ....................................................................................................................... 81
1.3 New Approach Directives ..................................................................................................................... 81
1.4 Free movement of cultural goods ........................................................................................................ 83
CHAPTER 2: FREE MOVEMENTS OF WORKERS........................................................................................ 84
2.1 Access to the Labour Market ................................................................................................................ 84
2.2 Coordination of the social security system .......................................................................................... 84
CHAPTER 3: RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES ........................................... 86
3.1 & 2. Right of establishment and freedom to provide services ............................................................ 86
3.3 Postal service ........................................................................................................................................ 87
3.4 Mutual recognition of professional qualifications .............................................................................. 87
CHAPTER 4: FREE MOVEMENT OF CAPITAL ............................................................................................ 89
4.1 Regime of capital movements and current payments ........................................................................ 89
4.2 Payment system ................................................................................................................................... 89
4.3 Money laundering prevention ............................................................................................................. 93
CHAPTER 5: PUBLIC PROCUREMENT ........................................................................................................ 94
CHAPTER 6: COMPANY LAW............................................................................................................................ 99
6.1. Company law ....................................................................................................................................... 99
6.2. Accounting and Auditing ..................................................................................................................... 99
CHAPTER 7: INTELLECTUAL PROPERTY LAW ................................................................................................. 101
7.1 Status of Law Harmonization ............................................................................................................. 101
7.2 Enforcement of intellectual and industrial property rights ............................................................... 102
7.3 Institutional Framework ..................................................................................................................... 103
7.4 Promotional and awareness raising activities .................................................................................. 104
CHAPTER 8: COMPETITION POLICY ........................................................................................................ 105
8.1. Competition ....................................................................................................................................... 105
8.2. State Aid ............................................................................................................................................ 106
CHAPTER 9: FINANCIAL SERVICES.................................................................................................................. 108
9.1. Banking .............................................................................................................................................. 108
9.2. Insurance and pension insurance ...................................................................................................... 110
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9.3. Capital market ................................................................................................................................... 113
CHAPTER 10: INFORMATION SOCIETY AND MEDIA ............................................................................. 118
10.1 Electronic communication and information technologies .............................................................. 118
10.2 Information society .......................................................................................................................... 121
10.3 Audiovisual policy ............................................................................................................................. 122
CHAPTER 11: AGRICULTURE AND RURAL DEVELOPMENT ................................................................. 126
11.1 Agriculture and Rural Development ................................................................................................ 126
11.2 Livestock breeding ............................................................................................................................ 130
11.3 Organic agriculture production ........................................................................................................ 131
11.4 Products subject to market organisation ........................................................................................ 132
11.5 Quality policy and legislation ........................................................................................................... 132
CHAPTER 12: FOOD SAFETY, VETERINARY AND PHYTOSANITARY POLICY .................................... 133
12.1 Food safety and control .................................................................................................................... 133
12.2 Veterinary policy .............................................................................................................................. 138
12.3 Phytosanitary policy ......................................................................................................................... 142
12.4 Seed and planting material .............................................................................................................. 142
CHAPTER 13: FISHERIES ........................................................................................................................... 143
CHAPTER 14: TRANSPORT ............................................................................................................................. 145
14.1 Inland transport ................................................................................................................................ 145
14.2 Waterways transport ....................................................................................................................... 147
14.3 Air transport ..................................................................................................................................... 148
CHAPTER 15: ENERGY .................................................................................................................................... 150
15.1 Security of supply ............................................................................................................................. 150
15.2 Energy market .................................................................................................................................. 152
15.3 Energy Efficiency and Renewable Energy Sources ........................................................................... 155
15.4 Nuclear safety and radiation protection ......................................................................................... 155
CHAPTER 16: TAXATION ........................................................................................................................... 157
CHAPTER 17: ECONOMIC AND MONETARY POLICY ............................................................................. 162
17.1 General directions ............................................................................................................................ 162
17.2 Monetary Policy................................................................................................................................ 162
17.3 Economic Policy ................................................................................................................................ 164
CHAPTER 18: STATISTICS ......................................................................................................................... 167
18.1. Demographic and Social Statistics .................................................................................................. 167
18.2 Environment Statistics ...................................................................................................................... 168
18.3 Macroeconomic Statistics ................................................................................................................ 169
18.4 Business Statistics ............................................................................................................................. 170
18.5 Monetary, Financial, Trade Statistics and Statistics on Balance on Payments .............................. 171
18.6 Agricultural Statistics ....................................................................................................................... 172
18.7 Registers ........................................................................................................................................... 172
18.8 Classifications ................................................................................................................................... 172
CHAPTER 19: SOCIAL POLICY AND EMPLOYMENT ............................................................................... 173
19.1 Labour Legislation ............................................................................................................................ 173
19.2. Requirements of health and safety at work ................................................................................... 173
19.3 Social Dialogue ................................................................................................................................. 174
19.4 Employment and European Social Fund .......................................................................................... 175
19.5 Social Inclusion ................................................................................................................................. 176
19.6 Social Security ................................................................................................................................... 176
19.7 Anti-discrimination and equal opportunities .................................................................................. 177
CHAPTER 20: ENTERPRISE AND INDUSTRIAL POLICY ......................................................................... 179
20.1 Industrial policy ................................................................................................................................ 179
20.2 Privatisation and restructuring ........................................................................................................ 181
20.3 Business environment & SME policies ............................................................................................. 182
CHAPTER 21: TRANS EUROPEAN NETWORKS ............................................................................................... 184
21.1 Trans-European Transport Networks ............................................................................................... 184
21.2 Trans-European Energy Networks ................................................................................................... 186
CHAPTER 22: REGIONAL POLICY AND COORDINATION OF STRUCTURAL INSTRUMENTS ............ 189
CHAPTER 23: JUDICIARY AND FUNDAMENTAL RIGHTS ...................................................................... 194
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23.1 Judiciary System ............................................................................................................................... 194
23.2 Anti-corruption policy ....................................................................................................................... 198
23.3 Fundamental rights (please see also chapter Political Criteria) ..................................................... 203
CHAPTER 24: JUSTICE, FREEDOM, AND SECURITY ............................................................................... 225
24.1
External Borders ......................................................................................................................... 225
24.2 Migration .......................................................................................................................................... 228
24.3 Visa policy ......................................................................................................................................... 232
24.4 Asylum .............................................................................................................................................. 232
24.5 Police cooperation and fight against organised crime .................................................................... 233
24.6 Fight against terrorism ..................................................................................................................... 239
24.7 Cooperation in the fight against drugs ............................................................................................ 239
24.8 Customs cooperation ........................................................................................................................ 242
24.9 Judicial cooperation and criminal matters ...................................................................................... 243
CHAPTER 25: SCIENCE AND RESEARCH .................................................................................................. 244
CHAPTER 26: EDUCATION AND CULTURE .............................................................................................. 246
26.1 Education and professional training ................................................................................................ 246
26.2. Culture ............................................................................................................................................. 250
CHAPTER 27: ENVIRONMENT AND CLIMATE CHANGE ........................................................................ 252
27.1 Horizontal Legislation ...................................................................................................................... 252
27.2 Air Quality ......................................................................................................................................... 256
27.3 Waste Management......................................................................................................................... 257
27.4 Water Quality ................................................................................................................................... 259
27.5 Nature Protection ............................................................................................................................. 261
27.6 Industrial Pollution Control and Risk Management ........................................................................ 264
27.7 Noise ................................................................................................................................................. 264
27.8 Chemicals .......................................................................................................................................... 265
27.9 Climate Change................................................................................................................................. 265
27.10 Institutional Framework................................................................................................................. 267
CHAPTER 28: CONSUMER AND HEALTH PROTECTION ........................................................................ 270
28.1. Consumer Protection ....................................................................................................................... 270
28.2. Health Protection ............................................................................................................................ 271
CHAPTER 29: CUSTOMS UNION ................................................................................................................ 278
CHAPTER 30: EXTERNAL RELATIONS ..................................................................................................... 281
30.1 Commercial policy ............................................................................................................................ 281
30.2 Development cooperation and human aid ...................................................................................... 282
CHAPTER 31: FOREIGN, SECURITY AND DEFENSE POLICY .................................................................. 283
CHAPTER 32: FINANCIAL CONTROL ........................................................................................................ 289
32.1. External (state) audit ...................................................................................................................... 289
32.2. Internal audit ................................................................................................................................... 291
CHAPTER 33: FINANCIAL AND BUDGETARY PROVISIONS ............................................................................. 296
ANNEX I.1: THE ADMINISTRATIVE-TERRITORIAL REFORM ........................................................................... 300
ANNEX I.2: DISCIPLINARY PROCEEDINGS IN THE JUDICIARY ........................................................................ 301
ANNEX I.3: CONTINUOUS TRAININGS OF JUDGES AND PROSECUTORS ORGANIZED BY THE SCHOOL OF
MAGISTRATES ............................................................................................................................................... 304
ANNEX I.4: STRUCTURAL AND FUNCTIONAL CHANGES OF THE FORMER-DIACA AND ALSO INFORMATION
ABOUT THE CORRUPTION CASES IN THE PUBLIC ADMINISTRATION ............................................................ 310
ANNEX III.1.1: FREE MOVEMENT OF CULTURAL GOODS .............................................................................. 314
ANNEX III.7.1: APPROXIMATION OF THE DRAFT LAW ON COPYRIGHT AND OTHER RELATED RIGHTS ........ 315
ANNEX III.8.1: ADDITIONAL INFORMATION ON COMPETITION ......................................................... 316
ANNEX III.19.1: EU DIRECTIVES INFORMING THE DRAFT OF THE LABOUR CODE ......................................... 321
ANNEX III.19.2: LIST OF DRAFT DECISIONS OF COUNCIL OF MINISTERS UNDER PREPARATIONIN THE
OCCUPATIONAL SAFETY AND HEALTH SECTOR............................................................................................. 323
ANNEX III.19.3: INFORMATION ON THE ACTIVITY OF THE STATE LABOUR INSPECTORATE ......................... 324
ANNEX III.19.4: INFORMATION ON THE VOCATIONAL EDUCATION ............................................................. 325
ANNEX III.19.5: INFORMATION ON THE YOUTH ENHANCING ACTIVITIES .................................................... 326
ANNEX III.19.6: INFORMATION ON THE ACTIVITIES RELATED TO SOCIAL SERVICES .................................... 327
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ANNEX III.19.7: INFORMATION ON THE ADOPTED LEGAL ACTS ON COMPULSORY HEALTH CARE INSURANCE
SCHEME ......................................................................................................................................................... 328
ANNEX III.23.1: HARMONIZED STATISTICS ................................................................................................... 334
ANNEX III.23.2: GENERAL PROSECUTOR'S OFFICE STATISTICS ..................................................................... 340
ANNEX III.23.3: ANTI CORRUPTION MEASURES AND STATISTICS ................................................................ 343
ANNEX III.23.4: ACTIVITIES OF KMDP ............................................................................................................ 352
ANNEX III.24.1: TRAINING CONDUCTED FOR THE PERIOD 01 SEPTEMBER 2013 TO 31 MARS 2014 ............ 361
ANNEX III.24.2: CURRENT STATISTICS ON ASYLUM SEEKERS........................................................................ 365
ANNEX III.26.1: LEGISLATIVE DEVELOPMENTS IN THE FIELD OF PRE-UNIVERSITY EDUCATION .................. 369
ANNEX III.31.1: LIST OF COMMON POSITIONS OF ALBANIA WITH EU.......................................................... 374
ANNEX III.31.2: LIST OF EU SPONSORED DECLARATIONS THAT ALBANIA HAS ALIGNED TO UNDER THE UN
BODIES ........................................................................................................................................................... 378
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I. POLITICAL CRITERIA
Introduction
The focus of the work for the Government of Albania, during the reporting period has been
implementation of the obligations deriving from the Stabilization and Association Agreement
and addressing the recommendations of the European Commission Progress Report 2013. To
address the 5 key priorities of the European Commission Opinion government has continued
with the implementation planned measures.
1. Democracy and the Rule of Law
1.1. The Parliament
During the reporting period, the Parliament of Albania has undertaken several measures to
address the recommendations of the European Commission’s 2013 Progress Report on
Albania, mainly with regard to the adoption of the laws necessary to meet the 5 priorities 1,
strengthening of the political oversight on the Government, increase transparency in the
lawmaking process and that of the cooperation with the civil society and also the
strengthening of the institution’s administrative capacities. In November 2013, the
Parliament, by consensus of all parliamentary political forces adopted a Resolution on the
European Integration of Albania, aiming to give the message of inter-party cooperation on the
issue of the European integration of the country.
Functioning of Parliament on the basis of a constructive political dialogue
During this period, the Parliament examined and adopted 113 parliamentary acts (65 laws, 46
decisions and 2 resolutions)2. These acts were adopted by an absolute majority of 76 up to
126 votes in favour, out of 140 MPs. In some cases they are adopted by the consensus of the
opposition as well.
During the reporting period, 2 laws forming part of the Roadmap of the 5 priorities, were
adopted: Law no. 21/2014 “On some addenda and amendments to law no. 7905, dated
21.03.1995, “The Criminal Procedure Code of the Republic of Albania”, as amended” and
Law no. 24/2014 “On some amendments and addenda to law no. 10192, dated 03.12.2009,
“On the prevention and fight against organized crime and trafficking through preventive
measures against property”.
During this period, the Parliamentary Standing Committees have examined 84 draft laws and
are in process of examination some other draft laws, and 363 amendments have been
proposed respectively.
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The 5 key priorities on opening of the accession negotiations of Albania as defined in Enlargement Strategy of
European Commission 2013-2014.
2
The list of parliamentary acts adopted during the reporting period can be found in the following link:
http://www.parlament.al/web/Legjislatura_e_VIII_Ligje_te_miratuara_15679_1.php
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Parliament decided to establish 3 subcommittees, in the structure of parliamentary standing
committees, on particular issues, two of them fall within the priority 5 of EC. Two
subcommittees have been established under the structure of the Legal Issues, Public
Administration and Human Rights Committee: the subcommittee “On local governance”
(decision no. 57/2013) and the subcommittee “On Human Rights” (decision no. 58/2013).
Whereas, the subcommittee “On minors’ issues, gender equality and domestic violence”
(decision no. 67/2013) was established under the structure of the Labor, Social Issues and
Health Committee. During the reporting period, the subcommittee “On Human Rights” held 2
meetings with representatives of the executive and other state institutions and it has also
organized a hearing session with 15 groups of interest (associations that operate in the field of
children and women rights protection).
In the context of cooperation and strengthening of political dialogue, on 27 November 2013,
the Parliament adopted the Resolution on the European Integration of Albania3, requested by
the opposition. The resolution was adopted by consensus of all parliamentary political forces.
This resolution is in compliance with the recommendations of the European Commission’s
2013 Progress Report on Albania and with the conclusions of the first meeting of the High
Level Dialogue EU – Albania.
During the reporting period, the sixth and the seventh meetings of the EU-Albania
Stabilization and Association Parliamentary Committee (SAPC) took place. In the sixth
meeting held in Tirana, in October 2013 the majority and the opposition adopted by
consensus the SAPC Declaration and Recommendations. Meanwhile, the parties are
negotiating for a joint resolution on the Declaration and Recommendations of the SAPC
seventh meeting, held in Strasbourg in March 2014.
Parliamentary oversight role
In the context of parliamentary oversight, Parliament held 5 interpellations, 2 with the Prime
Minister and 3 with ministers, during which the MPs debated and received answers to the
issues raised.
On 27.11.2013, Parliament held a motion with debate on the European integration of Albania.
The motion was requested by the Democratic Party Parliamentary Group (opposition) and the
request proposed the adoption of a resolution. 35 MPs discussed during the motion debate,
out of which 16 discussions by the ruling majority MPs and 19 discussions by the
parliamentary opposition MPs. After the general debate on the motion, Parliament adopted
with consensus (105 votes in favour, no votes against and no abstention) the Resolution “On
the European Integration of Albania”.
Ministers, deputy ministers and heads of other central institutions participated in 71 hearing
sessions in the parliamentary standing committees and answered to 1065 questions addressed
by the MPs.
3
The text of the Resolution can be found at the official webpage of the Parliament:
http://www.parlament.al/web/27_Nentor_2013_Rezolute_Per_procesin_e_integrimit_europian_te_Shqiperise_1
5993_1.php
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After the publication of the European Commission 2013 Progress Report on Albania, the
standing committees, in the framework of parliamentary control, organized according to the
fields they cover, 9 hearing sessions with the line ministers and 2 with the heads of the
constitutional institutions or those created by law.
The Legal Issues, Public Administration and Human Rights Committee held 4 hearing
sessions with regard to the European Commission 2013 Progress Report on Albania, 2 with
the line ministers (The State Minister on Local Issues and the Minister of Justice) and 2 with
the constitutional institutions or those created by law (the Ombudsman and the Commissioner
for Protection from Discrimination).
During this period, the European Integration Committee (EIC), in the framework of
parliamentary oversight on the EU integration government’s activity, has organized 7 hearing
sessions out of which 3 with the Minister of European Integration. The EIC initiated a
meeting with the civil society, to discuss the Roadmap on the 5 EC priorities on Albania,
prepared by the Ministry of European Integration. The comments, suggestions and proposals
made during these meetings were referred to the MEI.
On 13.11.2013, the Committee on Legal Issues, Public Administration and Human Right and
the Committee on Labour, Social Issues and Health held a joint hearing session on the
situation of children’s rights in Albania, with the participation of international organizations
that operate in this field, the participation of civil society organizations and the public and
independent institutions. On 26.11.2013 the Parliament adopted the Resolution “On the
protection and respect of children’s rights in Albania”, with the proposal of the standing
committees.
At the beginning of 2014, the Assembly has adopted the calendar for the presentation of the
annual reports submitted by the constitutional bodies and those established by law. During
the reporting period, six out of 22 institutions (Ombudsman, ERE, ERRU, the Competition
Authority, AMA and KDRTSH), which have the legal obligation of reporting to the
Assembly have reported in the Parliamentary standing Committees. As regards other
institutions, the reporting process continues according to the calendar of the Parliamentary
standing Committees. Once this process is finalized, the Assembly through resolutions will
evaluate the 2013 annual activity of these institutions and will set the objectives to be reached
during 2014.
The Assembly, upon the request of the opposition, established a Parliamentary Inquiry
Commission to assess the implementation of the legislation in force, during the process of
reform of the state police human resources.
Electing function
During the reporting period the Assembly approved the nomination of 4 members of the
Supreme Court and of the Constitutional Court, has elected 3 Commissioners of the
Ombudsman and has also taken 3 decisions on the nomination of candidatures to the
vacancies in the institutions established by law.
7
The Assembly has not given consent for the nomination of two Supreme Court members,
through two decisions taken in the plenary session held on 30.1.2014. The responsible
Committee on Legal Affairs, Public Administration and Human Rights held a transparent
process for the examination of the candidates, in accordance with Article 111 of the Rules of
Procedure and asked for complementary information from the institutions that administer
data on professional experience and the obligations for declaration of income and properties.
After an open hearing session with the decreed candidatures, during which the Committee
Members were briefed on the professional experiences of the candidates and their
expectations from the judiciary system, the Reporter of the Committee introduced his report.
The Committee, by a majority of all of its members voted the Reporter’s proposal not to give
their consent for the candidatures decreed by the President of the Republic for Members of
the Supreme Court, with the argumentation that: The consultation process realized by the
President of the Republic did not take into consideration the provisions of Article 4/1 of the
Supreme Court organic law, which authorizes the selection of candidatures, in accordance
with the constitutional requirement for high qualification, in order to provide a qualitative
and competent composition of the Supreme Court; the definitions made on the spirit and
goals of this process in the respective decisions of the Constitutional Court.
The process of hearing and approval of the candidates for the vacancies in the constitutional
institutions and those created by law (AMA and KDRTSH) continues in the Parliamentary
Committees. The Committee on Legal Affairs, Public Administration and Human Rights has
organized hearing sessions and approved the candidatures for 3 Commissioners of the
Ombudsman.
The strengthening of the Assembly’s administration capacity
According to the European Commission Progress Report on Albania 2013, the Assembly of
Albania has made improvements compared to the European Commission Progress Report on
Albania 2012, but it has also observed problems related to the transparency of the legislative
process, consultation with civil society, publication in the official webpage of the
Parliament’s acts, parliamentary oversight and the interaction of Parliament with the
independent institutions.
On 27.12.2013, the Assembly has adopted the Action Plan of the Parliament for the
implementation of the recommendations set forth in the European Commission Progress
Report on Albania 2013. This Action Plan has been drafted after a wide consultation with all
the bodies and decision-making actors in the Assembly and reflects the comments and
suggestions of the Parliamentary Standing Committees. The plan is concrete, foresees the
cost of each measure and defines the Services/Authorities responsible for the realization of its
9 objectives. In more concrete terms they are: Transparency (I), Cooperation with Civil
Society (II), Publication of draft laws in the Parliament’s official web page (III), the
examination of draft laws respecting the procedural terms provided in the Parliament’s Rules
of Procedure (IV), Strengthening of the oversight role of Parliament and the strengthening of
monitoring and cooperation with the independent institutions (V-VIII), Strengthening of
Parliament’s administrative capacities (IX).
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The implementation of the Action Plan activities is continuously monitored and it is observed
that some of the measures have been already accomplished. Some of the accomplished
measures are:
In terms of increasing Parliament’s transparency, all decisions of the Conference of
Chairmen are immediately published in the official webpage of the Parliament. With
the decision of the Bureau of the Assembly No. 5, dated 12.02.2014 was approved the
Internal Regulation "On the functioning of the official webpage of the Assembly of
Albania". Also with the decision of the Bureau of the Assembly no.4, dated
12.02.2014 was approved the "Regulation on the accreditation, accommodation and
the orientation of the mass media in the Assembly of Albania". All draft laws
submitted to the Assembly, relevant reports, the calendar of the Standing Committees’
proceedings, the Standing Committees’ Reports on the examined and adopted draft
laws, as well as the amendments of the MPs submitted in written form to the
committees and to the plenary are published in the official web page of the Assembly.
In terms of cooperation with civil society there have been established 3 standing
subcommittees focusing on human rights. A database for the NGOs, groups of interest
and social partners has been created, divided according to their sphere of activity. An
expert has been assigned for the Coordination of the Groups of Interest.
In order to strengthen the oversight role of the Assembly towards the independent
institutions, a calendar for the examination of the Annual Reports on the activity of
these bodies has been approved. During the reporting period, 6 out of 22 institutions
(including the Ombudsman's Report), which have the legal obligation to report to the
Assembly, have reported to the respective Parliamentary Standing Committees. The
Assembly has also given a final solution to the deadlock created by 11 special reports
of the Ombudsman deposited in the Parliament in the timeframe 2012-2013.
The administrative capacities of the Parliament are further strengthened by continued
training of all Parliament’s Services in various fields, particularly those related to the
approximation of legislation with the EU acquis and also by increasing the number of
administrative staff in those Services, which are considered essential for the
functioning of the Parliament. In consequence, 1 advisor is added in the structure of
the Unit for the Approximation of Legislation, 3 advisers to the Committees Service
(including one additional advisor to the European Integration Committee) and 4
advisers to the Legal Service. Furthermore, the number of the political staff of
Parliament was increased from 17 to 28. These additions to the political and
administrative staff fulfil the short and middle term recommendations of the IPA
twinning project “Strengthening of the Albanian Parliament".
1.3. Government
Overall policy coordination:
The process and methodology for drafting the NSDI 2013-2020
In the context of government policies, the National Strategy for Integration and Development
(NSDI) 2014-2020 represents the main instrument for guiding the development of the country
and in the same time reflects the logical link between the development of the country and the
9
process of European integration. This strategic document goes along with the National
Strategy for Development and Integration (NSDI) 2007-2013, adopted in 2008.
NSDI 2014-2020 sets out the national vision, priorities and policy objectives over the period
2014 to 2020. It is a fundamental strategic document that supports sustainable economic and
social development, ensuring the fulfilment of standards and obligations to the European
integration process. This document is a pillar of the Integrated Planning System (IPS),
established in Albania since 2005. IPS constitutes a broad framework of policy planning,
budgeting and monitoring, which aims to ensure coherence, effectiveness and harmonization
process strategic planning, public finance orientation and policy monitoring.
The Unit for Strategic Planning (SPU), within the Department of Development Programming,
Financing and Foreign Aid, at the Prime Minister Office, is in charge for finalizing the NSDI
2014-2020. Actually, SPU is completing the process for revising the draft NSD 2014-2020, in
order to ensure document compliance with the priorities expressed in the new Government
Programme 2013-2017, as well as harmonization with the Country Strategy Paper (Country
Strategy Paper) EU IPA 2014-2020 programming, which is being drafted currently.
The review process will include internal institutional consultations with national and
international experts, as well as with the Deputy Prime Minister’s cabinet, to improve the
content of policy priorities reflecting the new crosscutting and sectoral priorities. The first
draft of the revised NSDI will be concluded at the beginning of the second half of 2014. It
will reflect all the inputs and contributes of the ministries and other institutions and will be
approved by the Strategic Planning Committee (SPC), chaired by the Prime Minister. The
process also will include the coordination and synchronisation of NSDI with the Medium
Term Budget Programme (MTBP) 2015-2017 and National Plan for European Integration
(NPEI). The Unit for Strategic Planning will collaborate with the Ministry of Finance and
Ministry of European Integration in order to ensure full compatibility between the NSDI,
Medium Term Budget Programme (MTBP) 2015-2017 and NPEI.
The process of determining the financial costs of NSDI will use the MTBP as financial
instrument to ensure realistic costing of the NSDI. The process of preparing the
Macroeconomic and Fiscal Framework for 2014-2020, will be one of the stages. SPU will
coordinate also with the line ministries, in order to complete a first costing within September
2014.
The NSDI 2014 - 2020 policies will be oriented to provide a direct impact to the citizens to
have tangible results and measurable indicators. NSDI 2014-2020 will focus on the
implementation enforcement, not just planning. For that reason, the definition of performance
based monitoring indicators and respective targets, is considered to be a crucial phase that
will guarantee the monitoring and evaluation of performance progress of the NSDI.
Finalization of the NSDI 2014-2020 is scheduled to be completed in December 2014, after
conducting the consultation process. The approval of NSDI from Strategic Planning
Committee is foreseen to be completed as well December 2014, and will pursue with the
formal approval from the Council of Ministers.
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EU Integration process coordination
The implementation of the Road Map addressing the five key priorities, that the European
Commission indicated in its Enlargement Strategy paper 2013 – 2014, has been given
maximum commitment and coordinating efforts.
For this purpose, the Ministry of European Integration, in cooperation with the European
Commission and relevant Albanian institutions, initiated a comprehensive process to identify
a set of measures with clear steps and responsibilities for each institution. It was drafted
according to carefully conceived guidelines and distributed to the working groups. The
Working Groups set up for each priority organized consultations with all relevant institutions,
including different independent institutions, such as the General Prosecution Office; the High
Council of Justice; the High Court, the School of Magistrates, the Ombudsman’s office, the
Commissioner against Discrimination.
The Road Map has been finalized and send to the Council of Ministers for the final signature.
In view of coordination of the EU integration process, the Prime Minister issued the
following Orders:
Order No 107 of 28.02.2014 “On setting up, composition and functioning of the Interinstitutional Working Groups for European Integration”;
Order No 108 of 28.02.2014 “On drafting and revision of the National Plan for
European Integration 2014-2020”;
Based on Prime Minister’s Order 108, the preparation of the National Plan for European
Integration (NPEI) was launched by the Inter-ministerial Committee for European Integration
(KNIE) in its meeting of 3 March 2014. On 6 March, the Minister of European Integration
summoned the Inter-institutional Coordination Committee for European Integration (KKNIE)
to provide detailed instructions on the drafting and timetable of the NPEI.
The Inter-institutional Working Groups (IWGs) set up for each acquis chapter were
reorganised, pursuant to Order No 107 cited above. Each group is chaired by the deputy
Minister of the lead Ministry for the relevant chapter and coordinated by the Director of the
EU Integration Unit of that Ministry. IWGs are meeting regularly to develop the draft Plan,
and the Ministry of European Integration is providing technical support to IWGs to ensure
that everything is covered and clear. Furthermore, IWGs are consolidating the Albanian input
for the EC Progress Reports.
Protocol to the Interim Agreement on trade and trade related matters between the European
Community, of the one part, and the Republic of Albania, of the other part, taking into
account the accession of the Republic of Croatia to the European Union was signed by the
Albanian government on 19 February 2014.
EU-Albania Stabilisation and Association Committee meeting was held on 18 March 2014 in
Tirana. Two Subcommittee meetings took place in 2014, i.e. Subcommittee on Agriculture
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and Fisheries, as well as the Subcommittee on Internal Market and Competition. Albania has
already provided its input for the Subcommittee on Transport, Energy, Environment and
Regional Development, as well as for the Subcommittee on Justice, Freedom and Security,
both due to be held in May 2014. The meeting of the Subcommittee on Trade, Customs and
Taxation was postponed on the request of EC services.
A follow-up report was submitted to EC services concerning the implementation of
operational conclusions of the 2013 Subcommittee on Economic and Financial Issues and
Statistics.
MEI coordinated four peer reviews, specifically:
A Peer Review on Intellectual Property Rights from 12 to 15 November 2013;
A Peer Review on legislative framework and administrative capacity in the gas sector,
from 31 March to 4 April 2014;
Two Peer Reviews on legislative framework and measures on anti-corruption and
organized crime took place from 31 March to 4 April 2014.
Another Peer Review mission on reform of the judiciary will take place on the week of 12-16
of May 2014. The Ministry of European Integration is coordinating this mission, too.
Specific attention has been paid to the approximation of Albanian legislation. In this regard,
as per Order of Prime Minister No 183 of 18.10.2013 “On the approval of the structures of
the Ministry of Integration” a new sector on legal approximation was created as part of the
EU Law Directorate. This new sector is responsible for assessment of the compatibility of
draft legislation proposed by ministries and other central institutions with EU acquis; coordination and providing assistance to line ministries and other central institutions in
developing legislation needed in order to meet the obligations stemming from the
Stabilization and Association Agreement.
As for the financial assistance, the IPA 2013 programme (EUR 85 532 000) is focused on six
sectors and it will be implemented in two modalities: i) in centralized management mode4, ii)
and in decentralized management mode (seven projects are foreseen to be implemented under
the responsibility of Albanian government). The procedure for the signature of FA, to be
implemented under decentralised management, has started once the conferral of management
was endorsed by EC (On 25 April 2014 the European Commission adopted a decision on
conferral of management powers for IPA Component I). It is concluded that IPA 2013
programme will apply “sector wide approach”, with well-defined results, and better
coordination and harmonisation between government and donor’s assistance.
As regard Programming IPA 2014 is considered a “transition year” for the Albanian side, due
to the delays on setting government priorities and for the EC side, due to the delays in
finalizing legal framework on IPA II. As agreed, part of allocations of IPA 2014 programme
will go in line with the support of International Monetary Fund (IMF) and the World Bank,
for the so-called “budgetary support” for Public Finance Management (PFM) and the rest of
4
The Financing Agreement (FA) has been signed in February 2014 and approved by Albanian Government with
DCM no.71, dated 12.02.2014.
12
the funds will be dedicated to support some projects/sectors considered as urgent needs for
Albanian priorities. In parallel, the Council of Ministers, in cooperation with the Line
Ministries, is in the process of drafting the National Strategy for Integration and Development
for the period 2014-2020, ensuring that the national priorities are in line with EU ones.
As National IPA Coordinator, the Ministry of European Integration is coordinating the
process for the participation of Albanian institutions in new EU programmes and has
submitted two project proposals in the frame of XI round of WBIF. Multi-country Strategy
Paper document is not finalised yet.
As regard the process of preparation for new financial assistance (IPA II) and the Country
Strategy Paper (CSP) several consultation meetings were organized between the DG ELARG
and the Albanian government, and the process was intensified since October 2013 with new
elected Government. In this frame, responsible institutions are working to identify needs and
possible priorities to be support from new assistance (IPA II), include budgetary projections
and assessment of capacity building, targets and indicators to the Country and Multi-Country
Strategy Papers trying to bring this process in coherence with the process of establishing the
framework for performance monitoring as part of the strategic frame for the country (the draft
National Strategy for Development and Integration NSDI 2014-2020 and sectoral and
crosscutting strategies). Currently, the government is completing the process for revising the
draft NSDI 2014-2020, in order to ensure document compliance with the priorities expressed
in the new Government Programme 2013-2017, as well as harmonization with the Country
Strategy Paper (Country Strategy Paper) EU IPA 2014-2020 programming, which is being
drafted currently.
With regard to IPA Cross Border Cooperation (CBC), the Ministry of European Integration,
as Operating Structure for the CBC programs, has been focused in the process of
programming of the new CBC Programmes under the new financial perspective IPA 20142020. The process launched on July 2013, was concluded on November 2013 with the
submission of the first drafts of the Operational CBC Programmes Albania-Montenegro,
Albania-Kosovo and FYROM-Albania. The final draft of these programmes, reflecting the
comments of the Commission shall be submitted by 5 May 2014. As regards to the CBC
Programmes with Member States, the Joint Task Forces for the programming have been
established and the programming process is ongoing.
As regards the implementation of the 2007-2013 IPA CBC Programmes, the Operating
Structures have been committed to ensure a smooth implementation of the ongoing CBC
Programmes in Albania.
Local government
The Government of Albania has started an ambitious programme of local governance
reforms that involves the implementation of the administrative-territorial reform and setting
up of the new framework on decentralization and local government. The Albanian
Government is currently developing and is committed to implement an AdministrativeTerritorial Reform (ATR) that will empower local government units by enhancing their
13
capability to provide high quality and timely services to citizens and increasing the efficiency
of local governments’ resource management. The ATR will lead to fewer and larger local
government units in Albania capable of providing more efficient public services supported by
increased revenues and effective management of assets and resources by these units. ATR’s
goals are in line with decentralization and local autonomy principles laid out in the Albanian
Constitution and the European Charter of Local Self-Government. To date, the following
steps have been taken:
A National Conference on ATR to discuss key principles and best practices for ATR
was organised on 17 October 2013;
Established the Technical Secretariat for ATR at the office of the Minister of State for
Local Issues to serve as the government’s management unit for ATR related issues;
Based on the Prime Minister Order No.36 5.2.2014 ‘On establishment of the working
group for administrative-territorial reform’, one Central Working Group on ATR and
12 regional working groups were established, with participation from line ministries
and independent institutions, LGUs association representatives, and local and
international experts;
The MSLI staff and Working Groups on ATR conducted a review of studies and
reports on administrative-territorial organization in Albania and organized several
meetings and roundtable consultations on ATR with relevant local and central
government experts and officials, as well as experts outside the government;
The establishment of a Trust Fund on ATR (STAR project) managed by UNDP with
contributions by the Swedish Cooperation Office, USAID, Swiss Cooperation Office,
and UNDP;
The establishment of the Ad-Hoc Parliamentary Committee on ATR (the Committee
is co-chaired by government and opposition MPs and provides the opposition MPs
with the right to veto the Committee’s decisions); Please refer to Annex I.1 The
administrative-territorial reform.
Recruited and trained 12 Regional Technical Coordinators for ATR that provide
technical assistance in carrying out ATR-related work in the regions;
Drafted key principles and criteria for developing ATR in Albania as a document for
discussion by the Ad-Hoc Parliamentary Commission and relevant stakeholders;
Wide usage of public outreach tools (interviews in electronic and print media, media
releases, off the record briefings of editors and journalists of key electronic and print
media, ATR web site, Facebook page, and Twitter account) thus providing
information on ATR issues and process and enabling and encouraging citizens to
engage with this reform.
The ATR draft law will be presented to the Parliament in July 2014.
Decentralization and Local Government Strategy
The development of an updated and formally adopted Strategy for Decentralization in
Albania, first approved as a legal policy document in November 1999, has not been realized
14
over the past decade. During this past decade the progress toward decentralization has not
proceeded with a clear vision or strategy and defined roadmap. Consequently, the progress
that has been made has been limited in achieving the intended vision of a decentralized
system of government. In view of the above there were issued a Prime Minister Order No 69
of 13.2.2014 ‘To establish a Working Group to draft the new cross sectoral Strategy on
Decentralization and Local Government. The working group, which is led by the Minister of
State on Local Issues and supported by the USAID Planning and Local Governance
Programme, will provide the required assistance and the roadmap for the main priority pillars
of the Strategy and Action Plan on Decentralization and Local Government 2014-2020.
The following steps have been undertaken:
Following the Prime Minister`s Order, the establishment of the Working Group
with participation from line ministries and independent institutions, LGUs
association representatives, and local and international experts;
On 28 March 2014 the launch event on new Decentralization Strategy was
organized with USAID and its PLGP;
A number of meetings took place following the launching event.
This process will be open and inclusive for all relevant stakeholders. The goal of the newly
elected government is to approve the decentralization strategy by the end of the July of 2014.
Other important actions:
For the first time since 2009, in 2014 the local government budget has increase by
16% of total public expenditure compare with 2013 local budget. Related to the GDP
share of the local government budget, it has increase from 2.1% in 2013 to 2.4% of
GDP in 2014.
The Ministry on Urban Development and Tourism introduced changes to the law ‘On
territorial planning’ which will improve and simplify its implementation at the local
and regional government level.
The new draft law ‘On Information and Public Consultation’ prepared by the Ministry
of Innovation and Public Administration, will improve the transparency and
participating in decision-making process at central and local government level.
The MSLI with support of Council of Europe will establish a National Consultative
Council of Central-Local Government in order to improve the dialogue between
central and local government. The project has already started (on March 2014) and it
is foreseen to be accomplished by the end of 2014.
1.4. Public administration reform
The civil service reform, aiming at the creation of a depoliticized, professional and effective
public administration, remains one of the key priorities of the Albanian Government. During
2013, a significant step in this direction was the adoption of Law No 152/2013 “On the Civil
Servant” and its implementation is essential for the creation of an efficient public
administration that is able to face the challenges of European Integration.
15
From September 2013, the Albanian Government has taken all the required steps to draft all
by-laws identified as necessary for the implementation of the new civil service law, with
regard to the principles and standards adopted in it. Following an intensive working and
consultative process (with the assistance of SIGMA and the Council of Europe Office in
Tirana) the ten bylaws have been passed and entered into force upon publication in the
official gazette. The bylaws can also be found at DoPA’s webpage: http://www.dap.gov.al. In
order to ensure the successful implementation of the new civil service legislation, under the
assistance of SIGMA and the Council of Europe Office in Tirana, DoPA, from March 2014
and ongoing has started conducting trainings on the new civil service legislation, for line
ministries, independent institutions, subordinate institutions and the local government units.
Additionally, DoPA has worked and prepared guidelines/manuals for two of the recently
approved bylaws, respectively:
Guideline no. 01, dated 02.04.2014 “On the key procedural and material elements of the
process and review of disciplinary offenses”. Based on section "g", paragraph 2 of Article
7 of Law no. 152/2013 "On the Civil Servant", and the Decision no. 115, dated
05.03.2014 of the Council of Ministers, "On the determination of disciplinary
proceedings and the rules for the establishment, composition and decision-making of the
Disciplinary Committee”, the Department of Public Administration gives guidelines for
the institutions of state administration to implement in a unified way the disciplinary
procedure and the rules for decision-making in a disciplinary proceeding.
Guideline no. 02, dated 07.04.2014 “On the preparation/drafting of job descriptions in the
civil service”. Based on section "g", paragraph 2 of Article 7 of Law no. 152/2013 "On
the Civil Servant", and the Decision no. 142, dated 03.12.2014 of the Council of
Ministers, "On the description and classification of job positions in the state
administration institutions and independent institutions", the Department of Public
Administration gives guidelines for the institutions of state administration to implement
in a unified way the procedure of job descriptions. (The guidelines are also published on
DoPA’s webpage: http://www.dap.gov.al)
Moreover, following the obligations deriving from the new civil service legislation, pursuant
to Article 67 of Law No 152/2013 “On the Civil Servant” and the Decision No 116 of
3.05.2014 of the Council of Ministers “On the status of civil servants and current employees
who benefit from the civil servant status, according to Law No 152/2013 ‘On the Civil
Servant’”, the Department of Public Administration, is currently working on the declaration
of the employment status for each civil servant/employees of the institutions of state
administration. Based on the deadlines set forth in the above-mentioned CoM decision, the
Department of Public Administration has sent an official request to the Prime Minister’s
Office and all line ministries (with a calendar attached on the indicated dates for each
subordinate institution), requesting them to deliver to DoPA the required information for each
civil servant/employee of subordinate institutions as provisioned in the relevant legislation.
After receiving the above documentation, DoPA verifies the fulfilment of the criteria set out
in the relevant legislation, on a case by case basis, and takes the decision to declare the
16
employment status of each employee. In case the criteria are met according to Law No
152/2013 and the by-laws for its implementation, DoPA shall declare whether:
The employee is granted the civil service status;
The employee is under probation period;
In case the employees do not fulfil the civil servants criteria, DoPA informs the human
resource management units of the relevant institution, which subsequently decides for
the termination of employment for these employees.
At present, the state institutions have started reporting according to the respective deadlines
and DoPA’s working groups established for this process, are currently reviewing and
verifying the documentation. Based on the deadlines set forth in the CoM decision the whole
process shall be finalized by June 2014.
In terms of building and strengthening the capacity of DoPA to ensure the successful
implementation of the new civil service legislation, with the PM Order No 91 of 21.02.2014,
the new structure of the DoPA has been approved. This structure is composed of 43
employees (previously 22). The recruitment for the vacancies on the newly created positions
will be carried out according to the recruitment procedures determined by the new civil
service legislation.
In the context of the functional - structural reform and with the aim of increasing
effectiveness, reducing service costs, increasing public confidence and stability of public
institutions, with the creation of the structures of the new ministries, several innovations were
introduced in order to ensure a stable government with a progressive mentality, namely:
Strengthening the EU integration dimension and absorbing capacities for each ministry
and above all, strengthening the ministry for European Integration through a 20%
increase in staff numbers.
The strategic planning/management was determined as a core function of each ministry,
including also the result-oriented financing approach.
Establishing an Anti-corruption National Network, by determining an Anti-corruption
Coordinator at the deputy minister level for each ministry that is leaded by the National
Anti-Corruption Coordinator, the State Minister for Local Affairs.
Adopting the concept of ‘delivery units’ from Great Britain, by establishing a delivery
unit network to ensure constant focus on performance management and results. A
‘delivery unit’ is established in each ministry and led by a Deputy – Minister. All the
civil servants of these units will be supported and trained at the delivery unit of the
Prime Minister’s office.
The establishment of a “Chief Information Officer” network in each ministry, in order to
create strategic and innovation technology plans that is led by the National Coordinator the State Minister for Innovation and Public Administration.
As a result:
17
With the adoption of the structures of 16 new ministries the total number of employees
was reduced by 15%.
Sizeable cuts have been made to the four biggest ministries under the old government,
with an average reduction of 30% (Ministry of Finance, Ministry of Interior, Ministry of
Foreign Affairs and Ministry of Defence).
Through reallocation, the number of employees focused on priority areas was increased
by 14 % (as a result of the establishment of new ministries or of increasing the staff of
the ministry of European Integration).
In terms of ensuring the implementation of the Law No 90/2012 “On the organization and
functioning of state administration”, during October and November 2013, the Council of
Ministers Decisions for the revision of the fields of activity under the responsibility of each
State Minister and line ministries were adopted. Meanwhile the Law No 90/2012 foresees the
adoption of three other bylaws and currently it is being worked on preparing the draft
legislation in this regard. The institutional working group responsible for drafting the by-laws
pursuant to this law was established on 5 February 2014 and has already started working on
this process. At present, the first drafts of two bylaws have been prepared and are currently
being consulted with the working group. The three by-laws are foreseen to be drafted,
consulted and sent for approval to the Council of Ministers by July 2014.
In view of drafting the Inter-Sectoral Strategy of Public Administration Reform, 2014 - 2020,
the first draft was prepared and consulted (consultations with: group advisory, representatives
of line ministries and independent institutions) starting from October 2012 to May 2013.
DoPA is currently being assisted by SIGMA in order to review the draft strategy in terms of
its association with the IPA programming and other sectoral strategies. The entire process
which is needed for the review, consultation and submission for approval of the draft strategy
is expected to be completed by December 2014.
In relation to the implementation of the PM Order on reducing the number of temporary
contracts, with the creation of the new government and within the framework of the creation
of new structures for every ministry, temporary appointments until September 2013 were
considered invalid. With the establishment of the new structures, DoPA has approved only
for those vacancies which were created due to resignations and for positions where the
absence of the staff hinders the work of the institution, such as for positions of general
secretaries, general directors and budget and finance directors. Parallel to these approvals the
procedure for announcing the vacant positions filled with temporary contracts was initiated.
As such, the current percentage of temporary contracts until February 2014 was 4.5 %.
Currently, by making fully effective the implementation of Law No 152/2013 “On the Civil
Servant” and its relevant by-laws the percentage of temporary contacts is 0%, as the
provisions of this law do not allow the adoption of temporary contracts.
In terms of improving and extending the Human Resources Management Information
System/HRIMS, during this period DoPA is working intensively for making functional the
HR module in 16 ministries and the Council of Ministers. DoPA has completed entering
adopted structures in the system for the 16 line ministries and it has assisted personnel,
assigned to each ministry, in the process of entering the data into the system. In this context
18
and with a view to updating application and maintenance DoPA will be supported by the IPS
Trust Fund in the process of developing and extending the system, as well as link it with the
treasury system. Specifically, an amount of € 250,000 is allocated from the IPS Trust Fund
and approved by the Albanian government. During this period, the Terms of Reference have
been reviewed and delivered to the World Bank for “no objection”. At present, following
some technical discussions on the ToRs we are expecting the official “no objection” from the
World Bank, in order to proceed with the tendering process.
The Albanian School of Public Administration, ASPA was established in February 2013.
Since April 2013, the ASPA is carrying out several trainings according to the training
schedule. In this regard and in terms of training of civil servants, the ASPA has carried out
and continued the training activities during the period September 2013 – April 2014, in
accordance with its training schedule supported by the foreseen budget and in cooperation
with the projects supported by the European Union (PPF and SMEI III), etc. In order to
ensure its proper functioning ASPA has drafted the training plan for 2014, defining target
groups and mandatory training and development period, made functional the training
premises in the ASPA building and established the partnership for drafting and
implementation of training curricula for the Top Level Management Corps, TMC.
1.5 Judicial System
(See also Chapter 23 — Judiciary and fundamental rights)
Legislative measures
The Ministry of Justice for the purpose of the strengthening of the rule of law has taken
several concrete measures to promote an independent, impartial, transparent, accountable and
effective judicial system. To this end, the Ministry of Justice during the period September
2013- April 2014 has taken a number of legislative measures. Law No 160/2013 “On an
amendment to Law No 8116 of 29.3.1996 “Code of Civil Procedure of the Republic of
Albania” as amended was approved. The Parliament also approved Law No 122/2013 which
amends the Code of Civil Procedure. The aim of the provision has been application of the
rules in force at the time of submission of the request by the first instance and appeal court, as
regards the provisions on the content of the lawsuit, appeal, notification, issue of execution
orders or inheritance certificates.
The new law provides for a three judges panel to try most of the cases and it limits the
grounds for recourse to the High Court. If, the reference moment to decide which will be the
applicable law is the date of filing of the lawsuit, the reform of the High Court will be
implemented only after approximately 4 years, failing to achieve the intent required by the
reform of the rules of adjudication in the High Court.
On 20.03.2014 the Parliament approved Law No 24/2014 “On an amendment to Law No
10192 of 3.12.2009 “On prevention and striking at organized crime and trafficking through
preventing measures against assets”, in order to extent the preventive measures against assets
of persons alleged to have committed corruptive actions. The intent of this law is to increase
19
efforts in order to discourage corruption, through seizure or confiscation of all illicit assets
deriving from corruption offences.
On 10.03.2014 the Parliament of the Republic of Albania approved Law No 21/2014 “On
some addenda and amendments to Law No 7905 of 21.03.1995 “Code of Criminal Procedure
of the Republic of Albania”. The amendment of the Code of Criminal Procedure consisted in
the harmonization of procedural legislation in compliance with the constitutional
amendments approved by Law No 88/2012 of 18.09.2012 “On some amendments to Law No
8417 of 21.10.1998 “Constitution of the Republic of Albania” amended and extension of
competences of the Serious Crimes Court as regards fight against corruption, in the Code of
Criminal Procedure, through the amendment of article 75/a by extending the competence of
the Serious Crimes Court to include even corruption offences.
A Joint Instruction of the Ministry of Justice and the Ministry of Finance No 1665/1 of
5.03.2014 “On setting of enforcement fees for the services provided by the private judicial
enforcement service” was approved.
The Ministry of Justice completed the procedure of revising the draft law “Code of
Administrative Procedure”. In this respect, the Ministry of Justice organized round tables to
launch the initiative of "The Code of Administrative Procedures” with the participation of the
Minister of Justice, the Minister of Public Administration and Innovation, Deputy Ministers
of Justice, representatives of the Public Administration Department, representatives of the EU
Delegation and SIGMA experts, Representatives of OSCE, EURALIUS and other
international organizations who assist Albania to reform the judiciary and public
administration, experts from the School of Magistrates, the Constitutional Court, the Supreme
Court and the High Council of Justice. These round tables were organized to further improve
the draft, with the intention of optimizing its aim. After reflecting the possible suggestions,
the draft-law will be sent for approval to the Council of Ministers, within April 2014.
Special importance has been given to the drafting of the new cross-cutting justice strategy
2014-2020. To this end, in January 2014, it a working group was set-up. It consists not only
of representatives of the structures of the institutions, but also representatives of coordinating
structures including the Constitutional Court, the High Court, the High Council of Justice, the
National Judicial Conference, the Magistrates’ School, the Office for Administration of
Judicial Budget, the General Prosecutor’s Office, and representatives of interest groups
including the National Chamber of Lawyers, the National Chamber of Notaries, the National
Chamber of Private Judicial Enforcement Agents, the National Chamber of Mediators,
representatives of the Union of Judges and Association of Prosecutors.
The new justice strategy will address the priorities of the Albanian government for the reform
of the justice system; recommendations of international experts of the area and problems
identified by the coordinating institutions during the analysis of the implementation of the
previous strategy 2011-2013. The contribution made by the coordinating institutions is
subject to processing and it is pending the drafting of the preliminary draft that will be subject
to consultation processed with national and international stakeholders that assist the
institutions of the justice area.
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Furthermore, in the framework of increasing efficiency of the justice system, the Ministry of
Justice has undertaken the following initiatives:
1. The Ministry of Justice has taken the initiative to review Law No 7905 of 21.03.1995
“Code of Criminal Procedure”. The Code of Criminal Procedure has been reviewed in
compliance with the Constitution and the aim to amend, delete or add provisions and
bring it in line with the standards of the European Union and international standards, the
European Convention on Human Rights and judgments of the European Court of Human
Rights. Another aim of the draft law is to improve the existing system, defined clearly the
role of all the stakeholders of criminal justice, as foreseen in the Code, provide clearer
formulations and structure, with accurately defined legal terms and ensure coherence
throughout the text of the Code of Criminal Procedure.
2. Within the third quarter of 2014, the initiative amending the Civil Code is foreseen to be
sent to the Council of Ministers for review and approval. These amendments will aim at
harmonizing the terminology used in the provisions of the Code, in compliance with the
recent amendments.
3. The Code of Civil Procedure will be subject to amendment of several provisions aiming
at harmonisation of the provisions with legal initiatives that have been recently
undertaken for harmonisation of the domestic legislation with the EU law. Code of Civil
Procedure will be reviewed in order to modernise civil procedures. This initiative will be
send to the Council of Ministers for review and approval within the third quarter of 2014.
4. The draft law “On the system of evaluation of judges” in order to create a merit-based
process and ensure transparency in appointment, transfer, promotion of judges and reduce
discretion enjoyed by the High Council of Justice is already drafted.
5. Draft law “On an addenda to Law No 9877 of 18.02.2008 “On organisation and
functioning of the judicial power in the Republic of Albania” amended for the purpose of
increasing of performance of the judiciary has gone through the external consultation
process and was sent to the Council of Ministers for review and approval.
6. Improvement of the legislation governing organisation and functioning of the High
Council of Justice through the drafting of a draft law “On some addenda and amendments
to Law No 8811 of 17.05.2001 “On organisation and functioning of the High Council of
Justice” amended. On 7 January 2014, the Ministry of Justice addressed to the Venice
Commission a request for assistance in relation to the issue of independence,
accountability and professionalism of the judiciary.
7. Reform of the law on official publications is underway as well. This initiative will
improve public access to the legislation in force. This draft act aims at guaranteeing the
security level of publication of acts because of importance of publication of the Official
gazette and accuracy of information published therein.
System of evaluation of judges
Professional and ethical evaluation of all judges for the period of time 2005-2006 has been
completed. In January 2014 a total of 279 judges were evaluated, thus finishing, for the first
time in Albania, the evaluation process of the judges for the period of time 2005-2006.
21
The HCJ approved with Decision No 413 of 16.12.2013, the program “On defining the courts
and the judges that will be subject to professional and ethical evaluation for the period of time
2007-2009, during the year 2014”. This constitutes the beginning of the second round of the
professional and ethical evaluation of judges. The second round of evaluation will be
conducted under the new evaluation system adopted in 2010, which differs from the system
that was used for evaluating the judges for the period 2005-2006. This decision was drafted
with the assistance of Euralius Mission.
The HCJ has begun the collection of the documentation for the professional and ethical
evaluation of judges for the period of time 2007-2008-2009. The collection of the
documentation is on-going in accordance to the schedule adopted by the Council. The
documentation for 108 judges was collected until 16 April 2014, the process is on-going. So
far HCJ has completed the professional evaluation for 3 judges.
During 2013 the High Council of Justice prepared, for the first time, the permanent ranking
list of judges. This law requirement was not implemented since the entry into force of the
Law in 2008. The permanent ranking list judges is already published at the HCJ Web site,
and it will constantly be updated by the HR sector in close cooperation with the Judge’s
scoring commission.
In the context of increasing the transparency of the work of the institution, the Council
adopted the Decision No 319 of 3.05.2013 “On the criteria and the way of delegation of
judges in the review of judicial cases” (by repealing the relevant decision of 2008) which
establishes objective criteria for delegation of judges, to avoid any hindrance to the delivery
of justice in due time in parallel with the respect of the principle of natural judge. This act
was drafted with the assistance Euralius III Mission.
Appointments of Presidents of Courts
The High Council of Justice is committed to the appointment of presidents of courts based
only on professional evaluation of judges, which commitment is embodied in all relevant
decisions. Also, for all candidates the HCJ receives the data provided by HIDAA. Thus,
professional evaluation was conducted for all judges who run for the Chair of Courts, and the
HCJ decided the appointment of the Chairmen in the courts:
1. Court of Appeal of Tirana,
2. Court of Appeal of Shkodra,
3. Court of Appeal of Vlora,
4. Court of Appeal of Korça,
5. Court of Appeal of Gjirokastra,
6. District Court of Tirana,
7. District Court of Elbasani,
8. District Court of Mati,
9. District Court of Pogradeci,
10. District Court of Gjirokastra.
11. Administrative Court of Appeal
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Each Chairman is selected after a competition between candidates evaluated “very good”.
Transfer and promotions of judges
The High Council of Justice is committed to implementation of promotions and transfers,
based only on professional evaluation of judges and the new scoring system, which
commitment is embodied in all relevant decisions.
The proposals for appointment of 3 judges in the Court of Appeal of Shkodra, 7 judges in the
Court of Appeal of Tirana, 3 judges in the Court of Appeal of Durrësi, 4 judges in the Court
of Appeal of Vlora, 1 judge in the Court of Appeal of Gjirokastra and 1 judge in the Court of
Appeal of Korça relied only on the list of candidates with professional evaluation "Very
Good", and the new rules of the scoring system.
The HCJ with Decision No 376 of 11.10.2013 transferred a judge from the Court of Appeal
of Korça to the Court of Appeal of Durrësi.
Also, the Council with Decision No 419 of 20.12.2013 decided to transfer 13 judges from
different Courts of First Instance to the Tirana Court of First Instance.
In the plenary session on 20 December 2013 the Council determined the vacant seats
available to magistrates who had completed their studies in the academic years 2011-2012
and 2012-2013. With the HCJ Decision No 2 of 17.01.2014, there were appointed 16
magistrates, who were decreed by the President of the Republic. Their appointment was made
in conformity with Decree No 7818 of 16.11.2012.
Administrative Courts
Administrative courts became fully operational on 4 November 2014: 6 administrative courts,
1 court of appeal in Tirana and the Administrative College of the High Court. In order to
ensure the proper functioning of these courts, the Ministry of Justice has taken all the
necessary legislative and organizational measures. By Order of the Minister of Justice No 563
of 25.10.2013 the structure and organizational structure of the courts of first instance and
courts of appeal was approved. It provides for the number of the employees of the judicial
administration for each court, including the administrative courts. This order makes the
reorganization of the judicial administration in compliance with the provisions of Law No.
109/2013 “On organization of the judicial administration in the Republic of Albania”. The
definition of the number of the judicial administration is made based on the unified standards,
established with reference to the number of judges of judicial district courts and appeal
courts, stipulated by Decree No 7818 of 16.11.2012 of the President of the Republic “On the
definition of the number of judges for each court of first instance and court of appeal and
administrative court”. Moreover, by Order of Minister of Justice No 153 of 4.03.2014 “On
approval of the structure and organizational structure of the courts of first instance and courts
of appeal” the number of staff of judicial administration in the administrative courts was
increased.
23
The Ministry of Justice, in cooperation with the Office for Administration of the Judicial
Budget and the chairs of the judicial district courts, provided the necessary infrastructure,
premises, equipment and devices.
It results that from the very first months of the functioning of these courts, they are facing an
increasing volume of cases filed. The reason for this is also the typology of cases, as foreseen
by Law No 49/2012 and the unification of the case-law by the High Court by Decision No
3/2013 as regards the procedure to be followed for adjudication of administrative cases
recorded for trial before the ordinary courts, before the 4 November 2013.
In order to fill the vacancies of the Administrative Courts, the High Council of Justice by
Decision No 363 of 18.09.2013 decided to notify the candidates for judges to the
administrative courts of first instance and appeal, who have passed successfully the exam for
administrative court judges and who have not been proposed by the Council, to submit their
requests to the High Council of Justice in order to fill the vacancies for judges in the above
mentioned courts.
The High Council of Justice by Decision No 374 of 11.10.2013 appointed three judges to the
first instance administrative courts, 1 in Gjirokastra and 2 in Vlora.
The High Council of Justice by Decision No 407 of 16.12.2013 “On organization of the exam
for filling the vacancies in the first instance administrative courts” and Decision No 422 of
20.12.2013 “On assignment of the representative to the Commission Administering the Exam
and date of exam” decided to have the exam procedure according to the law and procedures
defined in High Council of Justice Decision No 299/1 of 30.11.2013 “On selection
procedures of candidate for judges to the First Instance and Appeal Administrative Courts.
Exam was held on 3 February 2014. Only one candidate attended the exam. This is an
indicator of the low interest to participate in the exam.
The High Council of Justice by Decision No 408 of 16.12.2013 transferred a judge, based on
his own consent, from the first instance administrative court of Durrësi to the first instance
administrative court of Gjirokastra.
Moreover, the Council has delegated to all the administrative courts judges to provisionally
perform the task of the chair of court and in more concrete terms, by Decision No 383 of
28.10.2013 the chair of the administrative court of appeal, thus announcing the vacancy for
chair of court; Decision No 384 of 28.10.2013 the chair of the first instance administrative
court of Tirana, thus announcing the vacancy for chair of court; Decision No 385 of
28.10.2013 the chair of the first instance administrative court of Durrësi, thus announcing the
vacancy for chair of court; Decision No 386 of 28.10.2013 the chair of the first instance
administrative court of Shkodra, thus announcing the vacancy for chair of court; Decision No
387 of 28.10.2013 the chair of the first instance administrative court of Korça, thus
announcing the vacancy for chair of court; Decision No 388 of 28.10.2013 the chair of the
first instance administrative court of Vlora, thus announcing the vacancy for chair of court of
24
Vlora; Decision No 384 of 28.10.2013 the chair of the first instance administrative court of
Gjirokastra, thus announcing the vacancy for chair of court.
High Council of Justice by Decision No 12 of 24.02.2014 appointed the chair of the
Administrative Court of Appeal.
Currently, there are 8 vacancies in the Administrative Courts of Korça (2 seats), Shkodra (2
seats), Gjirokastra (2 seats), Vlora (1 seat) and Durrësi (1 seat).
The Magistrates’ School based on the curricula of 2014 will organize during April and May
2014 several training activities for the staff of the administrative courts for the purpose of
building their professional skills.
Disciplinary proceedings
A special attention has been focused on inspection of courts, prosecutor’s offices and judicial
administration. During September 2013- April 2014, the Minister of Justice has submitted to
the High Council of Justice the request for disciplinary proceedings against 13 judges. The
requests for disciplinary proceedings deposited with the High Council of Justice propose the
disciplinary measures of transfer of 5 judges for a period of up to 2 years to a court of the
same level, outside the judicial district where the judges has been appointed and the
disciplinary measure of dismissal of 8 judges. Procedural violations by other judges are under
verification process and disciplinary proceedings shall be initiated against judges found in
procedural violation, to be followed by the taking of respective disciplinary measures.
The High Council of Justice in the meeting of 15.04.2014 reviewed the proposals of the
Minister of Justice for the disciplinary proceedings against five judges. The HCJ decided:
-
dismissal of a judge of the Judicial District Court of Shkodra;
-
transfer for a two year period to another court of a lower level of a judge of the
Judicial District Court of Tirana;
-
Reprimand with warning for dismissal of three judges of the Judicial District Court of
Kruja (for these judges, the Minister of Justice proposed a disciplinary measure of
dismissal from duty).
The High Council of Justice is expected to process the requests for disciplinary measures
against 8 other judges. Meanwhile the Ministry is Justice is in process of verification of
procedural violations even by other judges and disciplinary proceedings shall be initiated
against judges found in procedural violation, to be followed by the taking of respective
disciplinary measures.
The High Council of Justice in the meeting of 16 December 2013, by Decision No 406
decided to suspend from duty the judge SH.Ll, until a final decision is taken in relation to the
case over which criminal proceedings has been initiated against him.
25
The High Council of Justice during the period 1 September 2013- 2 April 2014 sent to the
Ministry of Justice 25 requests for initiation of disciplinary proceedings against 16 judges.
For detailed information regarding disciplinary proceedings regarding judges please refer to
Annex I.2
Moreover, the Minister of Justice based on the violations found in the activity of the judicial
administration, has ordered a dismissal of two chancellors (one chancellor dismissed because
of allegations for involvement in corruptive activity).
Minister of Justice, based on the violations found in the inspected prosecutor’s offices,
considering Law No 8737 of 12.2.2001 “On organisation and functioning of the Prosecutor’s
Office in the Republic of Albania” amended, recommended the General Prosecutor the taking
of disciplinary measures against two prosecutors.
Training of Judges and Prosecutors
Initial Training Program
Selection of Candidates for Judges and Prosecutors
In 16 and 18 September 2014 the School of Magistrates realized the selection competition for
candidates for judges and prosecutors, to be admitted in the initial training program for the
academic year 2013-2014. The competition was organized in writing and went through two
phases. These phases included:
First phase, which was a selective phase. Content of questions was about the general
knowledge of candidates. Evaluation of answers was done electronically. This phase
was a precondition to go to the second phase, which is the professional test, and
Second phase, which was organized as a professional test. Evaluation of answers was
done by a commission made up of 5 members based on article 17 of Law on the
School of Magistrates.
100 persons participated in this competition, of which 62 persons went through to the second
phase. At the end of the selection competition 11 candidates were admitted to school, 8
judges and 3 prosecutors, who are currently attending studies in the first year of the School.
The entire selection process was supported by school international partners, which assisted in
the performance of a fair and transparent process.
Continuous Training Program
The School objective in this direction is the increase of performance of judges and
prosecutors and the orientation of the judicial system towards best European practices in
26
providing qualitative services to judges and prosecutors through continuous training
activities.
For detailed information regarding training sessions organized by the School of Magistrates
for the period 1 September 2013 – 2 May 2014 please refer to Annex I.3
1.6 Fight against Corruption
(See also Chapter 23 — Judiciary and fundamental rights)
In the fight against corruption, for the reporting period, efforts continued in terms of
improvement of the legal framework, as well as in the direction of operational framework.
Measures regarding improvement of legal and operational framework
The new Government’s strong commitment to fight corruption has been showcased by the
Government’s will to put corruption as a main priority. The Council of Ministers’ Order no.
1012, date 22.11.2013 nominated the Minister of State on Local Issues as the National
Coordinator on Anti-corruption, in order to coordinate anti-corruption efforts and policies
among all the stakeholders at the national level. A High Level Conference on Anti-corruption
was organized on 12-13 November 2013, shedding light on the sectoral approaches line
ministries and independent institutions envisaged in the months and years to come in
combating corruption.
Based on the DCM no. 988, dated 8 November 2013 the National Coordinator against
Corruption started the process of drafting the National Strategy against Corruption 2014-2017
(assisted by OSCE Presence in Albania), a comprehensive objective led document with a
three-fold approach: prevention, repression and education. The launching event of the outline
of the Strategy took place on 9 December 2013. By end of March 2014, the drafting of the
National Strategy against Corruption 2014-2017 has been completed, following to extensive
consultation process with the line ministries, independent institutions, local government
representatives, as well as civil society representatives (from NGOs and business
community). Upon finalization of the Strategy, the drafting of the National Action Plan
against Corruption 2014-2017 has started and is expected to be finalized by mid June 2014.
Both documents will be submitted in July 2014 at the Council of Ministers for approval. The
monitoring mechanism of the Strategy and Action Plan will be taken over by the Secretariat
of the NCAC. The Secretariat of the NCAC will have updated inputs, on quarterly basis, by
the network of Contact Points already established in line ministries, independent institutions
and the local level. The main objectives of the Strategy will be reflected in concrete actions in
the Action Plan. In addition to the abovementioned, a Consultative Forum on Anti-corruption
Policies will be established within April 2014. It will be composed of anti-corruption
coordinators at ministerial level, contact points at independent institutions, NGOs, business
community and international community
27
An assessment of the over-all set-up of the institutions involved in the prevention and fight
against corruption, including the role, operation and impact of the relevant institutions and
their coordination, is currently being undertaken through the assistance of an EU-funded
framework contract, a project that is planned to end by January 2015.
Additionally, an assessment on the implementation of existing MoUs has been made. It has
been noticed the lack of enforcement, lack of ensuing action plans, etc.
A whistleblowers protection act is being drafted with the assistance of the Dutch government.
The latter is a joint initiative of the NCAC and the Ministry of Justice. The draft law is
expected to be finalized by mid June 2014.
With regard to prevention measures and to reviewing the trends of corruption, an electronic
system of harmonized statistics and track record of corruption cases is being designed and
will be established with the NCAC office around the end of June 2014. The NCAC, with the
assistance of UNDP, is going to create a web based system that will ensure collection and
processing of data in real time.
With regard to the educational aspect of the fight against corruption, the NCAC has taken the
initiative of introducing a tailor made curricula on anti-corruption at high school level. This
activity will be conducted in joint cooperation with the Ministry of Education, with the
assistance of Council of Europe and will aim at increasing students' awareness on the
phenomenon as well as educate them on how to best prevent and combat corruption in
everyday life. The specialized curricula will be finalized in July 2014 and ready to be piloted
in the forthcoming scholar year 2014-2015 in some of the high schools around Albania.
The role of civil society is still limited despite the fact that several Ministries, including the
Ministry of Social Welfare and Youth, Environment, the Minister of State on Local Issues/
National Coordinator Against Corruption and others have had close ties and work with civil
society in the drafting and monitoring of policies. The inclusion and cooperation of civil
society is expected to be strengthened through the introduction of the new law on access to
information, which provides for transparency and communication plans for the civil society.
Regarding the structural and functional changes of the former-DIACA and also information
about the Corruption Cases in the Public Administration, please refer to Annex I.4
The High Inspectorate of Declaration and Audit of Assets and Conflict of Interest as one
of the independent public institutions, having an important role in the fight against
corruption, is facing the challenge of the increase of institutional performance. The increase
of transparency, the sophistication of the auditing methods of assets declaration and conflicts
of interest, etc, would be some instruments that would have an impact in the efficiency and
work performance of the HIDAACI. The increase of the auditing role and the strengthening
of the mechanisms would automatically bring about the possibility of office abuse on behalf
of public officials. Consequently, the following amendments are considered as immediate on
behalf of the High Inspectorate, in strengthening the auditing role of the institution. On 24
April 2014 the Parliament adopted the amendments on Law no.9049, dated 10 April 2003
“On the declaration and audit of assets, financial obligations of the elected and certain public
28
officials” and Law no.9367, dated 7 April 2005 “On the prevention of conflicts of interest in
the exercise of public functions”.
Some of these amendments are as follows:
The decrease of the value “things of special value” and the decrease of “the declaring
expenditures”, that shall be declared by public officials, from 500.000 lek (five
hundred thousand) to 300.000 lek (three hundred thousand);
The stipulation of a specific provision of restricting the public officials, that already
are, or those that would become of public official, because of its function, in
possessing the cash amounts, no more than 500.000 lek (five hundred thousand). This
restriction would definitely avoid the fictitious informality and would increase
transparency. This legal instrument, would be a mechanism, that would avoid the
illicit enrichment, the abuse of office and would be efficient in the sense of easily
verifying the accuracy of the data declared by these public officials;
The definition of a 7 (seven) year period of time to conduct a full audit for all public
officials, that are subject to this law, but that are not stipulated in article 25/a of the
existing law, and the increase of the number of the officials (expressed in percentage),
to be included in the full audit, in accordance to the rules and procedures of the
random selection;
In the framework of institutional transparency, the facilitation of publication
procedures of the declaration forms of private interests, by avoiding the legal
restriction of making the forms public available, only after the arithmetic and logical
checking is conducted;
The inclusion of district judges and prosecutors of first level and appellate, in the
absolute restriction as defined in point 1, article 21 in entering into contracts with
public institutions in procuring public funds, concessions, etc.
The definition of a specific article, which stipulates that declaring false data in the
declaration of conflict of interest and justifying false documentation, will be
sanctioned in compliance with the Criminal Code. This proposed amendment is
considered of high importance to the investigation process, prevention and
sanctioning of conflict of interest for the categories of public officials. Based in the
fact, that because of their decisions, upon which private interests may have an impact,
we do consider very important the stipulation of such a restriction.
Work is on process regarding the drafting and establishing the electronic register on
identifying and treating conflicts of interest for the public officials and their family members,
in case they have entered into a contract with public institutions, and in case they have
benefited from these public funds.
A new law for Internal Control Service is being drafted. ICS reform on the basis of the
concept of citizen oversight, aims to a combination of "reactive" approach - in the fight
29
against corruption with a "proactive" solution to address the causes of corruption and
misconduct.
“Reactive” approach reached by treatment and review of complaints made by citizens against
police for unethical behaviour, abuse of office, committing corrupt activity etc.
“Proactive” approach, through the collection and analysis of criminal intelligence, inspection
topics and areas of management, operation and evaluation of police organization and the level
of compliance with the law and procedures.
Currently the draft law, prepared by the working group with service experts and assistance of
ICITAP and PAMECA IV, suggestions by respective institutions, is finished and will go for
the procedure in the Council of Ministers.
The General Prosecutor’s Office has done several efforts in regard to fight against
corruption. In April it was completed the harmonized statistical evidence concerning offenses
of corruption and organized crime. Currently this data is collected manually by employees of
the Prosecutor's Office with the data derived from the register of the notice of offenses.
The logistical and electronic infrastructure for the Case Management System (Case
Management) is being completed. This project includes building of computer-related
infrastructure of the Albanian Prosecutor’s Office centralized in the data centre of the
General Prosecutor’s Office. This stage began to be implemented on 15 February 2013 and
was finalized in October 2013. Program coding has been launched, envisaging the
digitalization of working processes or practices of the prosecutors and judicial police officers
at the prosecutor’s offices of all levels. The Case Management System provides real-time
opportunities of communication with the State Police and other institutions for the
investigation of referred cases. Some of the innovations of Case Management System (CMS),
which was initially piloted in June 2014, are as follows:
Through that system the Prosecutor’s Office is capable to obtain data about the stage of
criminal proceedings at any time, so it is made available a real-time generation of statistics.
Ensuring the real-time coordination with the State Police, each referral by the State Police to
every Prosecutor’s Office of Albania will be affixed a UNIQUE number of the case. In this
way, prosecutors and judicial police officers will be able to automatically (by electronic
means) carry out all procedural operations for each investigation and in the same system. It
strongly enhances the internal audit at the Prosecutor’s Office.
2. Human Rights
(Please see also chapter 23- Judiciary and Fundamental Rights)
2.1 Observance of International Human Rights
(See also Chapter 23- Judiciary and fundamental rights)
30
Commissioner for Protection from Discrimination
Regarding awareness-raising, during the period 18 April 2013 – 18 April 2014, the
Commissioner for Protection from Discrimination (CPD) has developed 13 (thirteen)
awareness raising activities such as community open days, training with representatives of
local institutions and civil society5 to 9 (nine) administrative units.6
During 2013, the CPD staff has organized and participated in about 40 seminars, conferences
and roundtables on discrimination issues. From these we would highlight:
On 7 November 2013, the Commissioner for Protection from Discrimination held the
Conference "Protection from discrimination: Positive Patterns and Challenges". The
recommendations arising from the conference working groups have been reflected in the
Action Plan for 2014 of the CPD.
On 30 January 2014, the CPD and PINK Embassy/LGBT Pro Albania held the workshop
by topic: "Inclusive policy and non-discrimination for LGBT people”.
In the framework of awareness raising and strengthening the capacities of stakeholders
involved in the fight against discrimination, seven trainings for the employees of local
government institutions and three trainings with representatives of local NGO-s, working in
the field of the protection of human rights, were conducted. In total, of these activities were
trained about 180 representatives of local institutions and 75 representatives of local NGOs.
Legislative recommendations and other recommendations for the improvement of the
situation of discrimination, please refer to Chapter 23- Judiciary and fundamental rights
2.2 Civil and political rights
Freedom of expression
The Assembly of Albania on 4 March 2013 adopted the Law No.97/2013 "On the
Audiovisual Media in the Republic of Albania". This law regulates the audiovisual
broadcasting in the Republic of Albania, in full compliance with democratic standards of the
functioning of the media.
The Assembly, in the fulfilment of its legal obligation deriving from Articles 93-94 of the
Law Nr. 97/2013 "On the audiovisual media in the Republic of Albania”, has started the legal
proceedings for filling in the vacancies (10 vacancies) for members on the Steering Council
5
Open Days are realized through informative sessions and direct meetings with the community, aiming to
increase their awareness on protection from discrimination, issuing problematics through filing complaints from
each community, which have contributed significantly to the increase in the number of complaints submitted
and reviewed by the CPD.
6
Open Days are organized in these local government units : Bajram - Curri, Fier, Lezha, Shkodra, Kukes,
Korça, Berat, Progradec, Vlora. These open days are held in partnership with UNDP and the AHC.
31
of the Albanian Radio and Television (SCART). The Standing Committee on Education and
Public Information Means (hereinafter the Committee) has carried out all the legal procedures
for filling in the vacancies of SCART members and is currently in the final stage for the
selection of 10 candidates (5 candidates are supported by the parliamentary majority and 5
candidates are supported by the parliamentary minority), who will be sent to the plenary
session for vote.
The Assembly also continues the process for electing the Chairman of SCART. The
Committee has held hearings with all the candidates (8 candidates) who have applied for the
vacant position of Chairman of the SCART. As stipulated in Article 95 of Law no. 97/2013
"On the audiovisual media in the Republic of Albania", the Committee, after verifying the
compliance with the criteria established by law of the candidates who submitted the
application, identifies four candidates, who have received the highest support among the
members of the Committee. The representatives of the parliamentary minority in the
Committee have the right to exclude two of the four selected candidates. The two remaining
candidates will be sent to the plenary session for vote.
The Assembly, in the fulfilment of its legal obligation deriving from Articles 7-10 of the Law
Nr. 97/2013 "On the audiovisual media in the Republic of Albania”, also continues the legal
procedures for filling in the vacancies (3 vacancies) in the Audiovisual Media Authority
(AMA) and is discussing whether or not it have to declare vacant the position of the
Chairman of the AMA.
Defamation and Libel
The Assembly of the Republic of Albania, in the framework of the enhancement of the
freedom of expression, has taken the necessary steps to amend the criminal offices of
defamation and libel. The Assembly of Albania on the plenary session held on 16 February
2012 adopted by consensus (with 126 votes in favour) the Law Nr.23/2012 “On some
addenda and amendments to the law No. 7895, dated 27.1.1995 "Criminal Code of the
Republic of Albania" as amended” (4 legislative initiatives, with 59 articles, including the
amendments to the Article 119 "Defamation” and Article 120 "Libel”). The amendments to
the criminal offences of defamation and libel abolish the imprisonment punishment for these
criminal offences and provides for fine penalty only.
2.3 Economic and social rights
(See also Chapter 23- Judiciary and fundamental rights)
Women's rights and gender equality
On implementing the objectives of National Strategy on Gender Equality, Gender-Based
Violence Reduction and Domestic Violence 2011-2015, there have been several activities
under the action plan which have aimed at strengthening the capacity of women employees
on local level and of other institutions; continue working for the establishment of referral
32
mechanisms for victims of domestic violence at the local level; awareness campaigns in the
context of violence against women and International Day of Women, etc.
Regarding activities and structures on gender equality and domestic violence please refer to
Chapter 23 — Judiciary and fundamental rights
Children's rights
Establishment and Functioning of the National Council for the Protection of the Rights of the
Child in the central mechanism for protection of child rights
Restructuring of ministries in line with the Government Programme predefined the need to
reconstitute the National Council for the Protection of the Rights of the Child, as the state
authority responsible for coordinating and analyzing state policies for guaranteeing the rights
and protection of children. In view of the establishment and functioning of mechanisms at the
central level to protect the rights of the child, the complete procedure was developed for the
drafting and approval of the Prime Minister's Order No. 238, dated 12.11.2013 "On
establishment of the National Council Protection of Child Rights. In this Order, duties were
predicted for the Council members who will be part of the Council due to their functions (the
respective ministers), two representatives of civil society, the Ombudsman, representatives
from the National Association of Municipalities. It has completed the selection procedure of
civil society representatives. During April will start the preparatory work for the first meeting
of the National Council.
The initiative for children and families living in street situation
In the framework of cooperation and involvement of Ministry of Social Welfare and Youth,
Ministry of the Interior, General Directorate of Police, Municipality of Tirana and the
responsible structures in central and local level, it is in working process the Imitative for
children and Families living in street situation. The initiative aims to protect children from all
forms of abuse, exploitation and neglect through a coordinated cross-sectoral intervention and
a comprehensive integrated approach to the protection of the highest interests of the child and
family support.
A draft-intervention plan was prepared for children in street situation; the first draft of the
agreement between the Ministries that are involved in this process and also a Guide of
Procedures to be followed in the management of cases was drafted. The relevant structures in
the Municipality of Tirana, which have responded positively in undertaking responsibilities
and duties in this initiative, were contacted. It is also conducted an evaluation of the existing
package of services.
On the premises of Ministry of Social Welfare and Youth, a meeting was organized with the
representatives from MSWY, the Ministry of Interior, the General Directorate of Police, the
State Social Service, State Agency for Protection of Child’s Rights, Municipality of Tirana ;
representatives from Terr des Hommes, Arsis, OSCE and European Commission . In this
33
meeting it was presented and discussed the calendar of activities of the draft- Intervention
Plan and the draft- Procedural Guidelines for children in street situation. The draftprocedural guidelines includes a practical guide on the procedures that must be followed by
professionals involved in identification, referral and case management of children in street
situations. During the meeting, it was decided that all stakeholders involved in this process,
will provide comments and suggestions on the above-mentioned documents.
MSWY has also initiated several consultative meetings with civil society to discuss and
concretise the draft - Intervention Plan for children in street situation and also the draft
procedural guide for children in street situation. Both are expected to be finished by end of
April.
It is also envisaged the preparation of the package of care and assistance for children and
families in street situation (in cooperation with municipalities which are involved in this
process).
Implementation of action methodology for the protection of children's rights for handling
cases of children at risk
It is in working process the drafting of the New Work Protocol for Child Protection Workers,
which will serve as a Methodological Guide. This will be specified in detail ways following
procedures for managing child at risk, defined in Decision No. 265 dated 13.04.2012, thus
unifying the manner of all the CPU in municipality and communes. It is expected that the
draft will be finalized at the end of April.
Documents in the framework of fulfilling the obligations of European Integration Process
In the framework of fulfilling the obligations provided in Priority 5 “Human Rights" are
designed Roadmap measures, activities and concrete deadlines for all state institutions
responsible for areas / issues raised that affect the field of protection of rights of children .
MSWY informs every week MEI regarding the latest development of the activities specified
in the Plan. MSWY has also prepared information for the National Plan for European
Integration for the period 2014-2017 as well as information on monitoring mechanisms and
the cooperation document between Albania and the Council of Europe.
Please refer to Chapter 23- Judiciary and fundamental rights, for further details on activities
in the field of protection of children's rights.
The Childs Rights Units
The Childs Rights Units (CRU) are set up and function as part of the administration of
Regional Councils in all regions of Albania (12 CRU). The Child Rights Units are established
as part of the administration of the Regional Council, has the mission:
34
To monitor and evaluate the implementation of laws and policies related to protection
child rights, in the jurisdiction of the regional council;
To identify and coordinate referrals of abuse and violation of the rights of the child
To cooperate and exchange the information regarding child rights with responsible
local structures as: health, education, police, municipalities and communes and civil
society;
CRU is estimated to have a significant role in encouraging local actors to cooperate in order
to realize the child rights at regional level and also encouraging municipalities for
establishing new Child Protection Units as required by the Law 10347 “On Protection of
Child Rights “.The Steering Committees for Child Rights were established. They are directed
by the Head of the Region and almost all directors of local institutions are members of the
Steering Committee.
Child Protection Units (CPU) in municipality/commune
There are currently 175 operating Child Protection Units (CPU) in municipality/commune
level. CPU is established by Order of the Mayor or by Municipal/ Communal Council
Decision. CPU is part of the organizational chart of the municipality/commune. All CPU
salaries are provided by the local government. CPU has the following mission:
To identify, assess, manage cases of children at risk. Coordinate, with actors of the
multidisciplinary group for the protection and referral of children;
To assess and monitor the situation of a child at risk and his family until the child is
considered “not at risk”;
To cooperate with social services administrators, school psychologists, family
doctors, police, social workers, public and non public service providers, aiming to
improve the situation of child protection in the territory of the municipality /
commune.
All local stakeholders evaluate positively the role of CPU, as the responsible structure for
assessment and referral of children at risk, although the efficiency of CPU to perform the task
is limited due to limited technical and financial resources. State Agency on Protection of
Child Rights is preparing a plan for the evaluation of CPU in Albania. This evaluation will be
an important part of the overall assessment of the Child Protection System in Albania, with a
special focus on:
Integration with the social services reform;
Multiagency approach /collaboration;
Budgeting for such services;
Territorial reform.
A new Protocol for Child Protection is being prepared. It will serve as a Methodological
Guide, explaining in details the procedures that need to be followed for managing the cases of
children at risk, as stipulated in Decision No. 265 dated 13.04.2012, thus unifying the work of
all CPU.
35
During this period the Draft-Intervention Plan in support of the initiative "No children in
street situation” was finalized. This initiative aims to protect children from all forms of
abuse, exploitation and neglect, through a coordinated cross-sectorial intervention and a
comprehensive integrated approach for protection of these children. The plan is a joint
collaboration of the Ministry of Social Welfare and Youth (MSWY), Ministry of the Internal
Affairs, with the support of the General Directorate of Police, responsible structures in central
and local level and NGO.
Also procedures to be followed in the management of these cases are drafted and will be
discussed.
Please refer to Chapter 23- Judiciary and fundamental rights for further details on
monitoring the implementation of the law “On Protection of Child Rights” and periodic
monitoring reports on the situation of the child rights in the country and Training /
workshops at central / local level regarding implementation of child rights.
Socially vulnerable and/or persons with disabilities
People with disabilities
Social inclusion for persons with disabilities through regulation and implementation of the
legal basis is adjusted in the framework of cooperation between the Ministry of Social
Welfare and Youth and line institutions. A draft law for Inclusion and Accessibility of the
PWDs, in this context, as a framework law is also considered in the new institutional
framework, to pave the way for secondary legislation. Reflecting the changes will set the
bylaws that will determine the processes of evaluation and categorization of disability.
Currently, the principles of the Convention on the Rights of persons with disabilities have
been promoted in activities with the state institutions and civil society of PWDs.
Persons with disabilities are also subject of the draft- Strategy for Social Inclusion 20142020. The crosscutting approach to disability issues, is tackled in the initiative for
adaptability in construction in public buildings. In accordance with the relevant Order of the
Prime Minister, the inter-institutional group focuses on drafting of legal and administrative
measures and identification of barriers and level of accessibility in public buildings.
On housing of vulnerable groups (Ministry of Urban Development and Tourism)
Legislation on housing has changed in 2012 with the Law no. 9232, dated 13.05.2004 "On
social housing programs for urban residents”, as amended by determining the type of housing
assistance and coverage, as follows: Types of housing assistance:
Funding for social housing rent could cover all project costs and funding by
municipalities. Current financing to investment in social housing cover a small
percentage of the needs for this project (VAT and Local Cost), the rest is covered by
36
bank loans and funds CEB respective municipalities.
Bonus (subsidy) for rent on the open market covers up to a 50 % minimum lease, but
this instrument has not found widespread use by all municipalities to lack of funds by
the municipalities.
Subsidy for social housing rents owned by municipalities benefited if the rent of the
apartment occupies more than 25 % of net family income. The amount of subsidy is
calculated by the difference between the target and the rent affordable by the family.
Families that receive this subsidy priority are defined in law.
Loan interest subsidy - families pay only 0 and 3 % interest loan market. The rest of
the loan interest subsidies from the state budget. The project expands in all
municipalities of the country and from 2009 until December 2013 addressed about
25.5 % of applications for housing near municipalities.
Small grants are addressed only to the Roma and Egyptian communities to improve
housing conditions and infrastructure (water supply and sewerage, sanitation, etc.).
The immediate - grants are financed from the state budget for families with members in the
categories of persons with disabilities or orphan. Family benefits in these cases grant
amounting to 10 % of the house value these benefits.
For the benefit of housing assistance the income criteria should be met, according to the law.
Under the existing legal framework, funding to subsidize the rent on the open market is done
only by local government bodies.
The institution responsible for designing and planning and monitoring policies for housing is
MUDT. Implementing these policies for housing based on Law No. 9232, dated 13.05.2004
"On social programs for housing and urban residents”, are all local government bodies and
municipalities. MUDT in cooperation with the Ministry of Social Welfare and Youth for
drafting laws for the categorization of persons with disabilities to grant immediate benefit.
Regarding planned policy framework and short-term measures please refer to Chapter 23 Judiciary and fundamental rights
2.4 Respect for and Protection of Minorities, Cultural Rights
(See also Chapter 23- Judiciary and fundamental rights)
Minorities
Roma
The Ministry of Social Welfare and Youth is monitoring the measures preset in the
framework of the National Strategy "For the improvement of the living conditions of the
Roma minority, the Action Plan of the Decade of Roma Inclusion and the Action Plan based
on the recommendations of the workshop of December 2011, focusing on the following
directions:
37
Maintaining contacts with relevant ministries and institutions involved in the
implementation of the Strategy with the aim of collecting information on the progress
of sectoral objectives in the field of education, health, culture, employment, housing
and security.
Promotion and awareness and institution building, regional and local government
structures, to be involved in the implementation of the Strategy for the Roma
minority.
Cooperation and coordination with NGOs representing Roma and other NGOs to
contribute to the process of implementation and monitoring of the Strategy for the
Roma.
Collaboration with various donors to coordinate and address funding to the benefit of
the community.
Regarding education, policies of the Ministry of Education and Sports have focused
on the provision of comprehensive education, without discrimination against anyone
on the benefit of quality educational services for students especially Roma and
Egyptian communities.
The Ministry of Education and Sports, on the implementation of its policies and
objectives for improving the educational situation of this community, has undertaken
legislative, administrative and institutional reforms in the areas that ensure the
inclusion of Roma children and youth.
Regarding civil status referring to the current situation in the area covered GDCR about the
process of registration of children born and still unregistered Roma community, we
emphasize that the legal framework for this process is complete and nowadays there is no
need for his amendment or supplement. What appears as a need is the process of identifying
cases of children born and registered, if any, for the reasons indicated earlier.
This moment requires self awareness first of Roma community and second all state
authorities, which can identify such cases, report them to the institutions that have the
obligation to register, starting from the registrar's office, representatives of local government,
the State Police, etc.
Thus, are provided legal and sub-legal legislation measures necessary, which aim:
Preventing the creation of new cases of children born and remained unregistered;
identification of backlog cases, grouping them according to typology, to further
determine the solution
During 2012-2013 we have not identified cases born during this period and remained
unregistered for the previous reasons, e.g. completion of the “Assistance at birth” with data
not authentic from the mother. Also must be emphasized that during 2013 were registered as
backlog cases 123 children from the Roma community.
Concerning the addressing of the emergency situation of 37 Roma families, which were
evicted from the former areas (“Dekor”), the Ministry of Social Welfare and Youth is the
institution that has in the core of its mission inter-sectoral coordination of policies for Roma
38
and the readiness to resolve the situation. In September 2013, the visit of the Minister on the
first working days of the new Government aimed to monitor closely the situation, expressing
the will to find solutions, discuss with residents and Roma associations that were supporting
in the due course. Shortly after the first visit, MSWY team began work to carry out the
process of aid coordination and identification of a quick solution to help in the difficult socioeconomic situation of these families.
On 27 September 2013, with a Decision of the Council of Ministers, the transfer of a former
military site in the area of former Tufina, from the administration of the Ministry of Defence
to the administration of the MSWY, was approved. This site would function as an Emergency
Transit Centre in which would be provided medical, psychosocial, educational, and legal and
employment services on supporting families at risk, especially in high difficulty situations
vulnerability situations.
Meanwhile SSS raised a structure for the management of centre, which coordinated the
distribution of room for the families and is providing basic services to families.
Teams of social workers of SSS began work on a case by case assessment for each family
with a view to identifying the immediate needs for each particular family needs for food,
clothing and medical assistance .
After the relocation of these families at the centre, measures were taken in parallel with the
Ministry of Education and Science and the Ministry of Health for the provision of related
services. A round table with organizations and donors was organized for providing and
coordinating assistance and services in order to ensure better coverage and avoid duplication
of services.
Psychosocial service for each family is being based on the method of case management.
A draft of a Policy for the Protection of Children, Code of Conduct and a Model Agreement
with each family to ensure the safety and protection of children and to clarify the
responsibilities and rights of every household and the SSS. Currently in the centre live 112
children aged 0-18 years.
Families continue to be registered in the municipal units where they have been transferred
before the Emergency Transit Centre. Families have voluntarily opted not to transfer civil
Dajti Municipality, since staying in the ETC will be transitional.
Regardless of their civil status, residents are offered all public services by the Dajti
Municipality.
There are 16 families that benefit from the Economic Assistance Scheme (NE), which have
been for years beneficiaries. SSS is assisting other families who meet the conditions for
completion of documentation to be beneficiaries of the NE scheme.
84 children were vaccinated, of whom 24 have had a need for additional vaccine, though
previously have been vaccinated. Children are vaccinated against measles, hepatitis and
rubella.
39
On the basis of the data of the SSS, 74 people that are eligible to enrol in vocational training
were identified and 45 were registered. 44 women are registered at employment offices and
automatically to vocational training, of which eight are employed in a tailoring shop.
On 6.02.2014 was held the first meeting of the Administrative Council of the SSS.
During the meeting was discussed the draft proposal on the establishment of the Transitional
National Centre for Emergency for vulnerable categories and approved opening and
operation of this centre. The mission of the Emergency Transit Centre for persons or families
who come from difficult social situations is part of the implementation of policies and
legislation in the field of social protection and aims to provide social services standards for
social services as well as strengthening and integration of individuals and families
accommodated in this centre.
The Centre is under the administration of the General Directorate of SSS, which, in
institutional cooperation with state and national and international organizations have enabled
the provision of basic services in this Centre. To institutionalize the establishment and
operation of this new centre as a service, work is underway on the design of the Status of
National Transition and Emergency Centre for the document of the Standards of Emergency
Services.
Furthermore, MSWY in cooperation with the European Commission organized a seminar on
“Inclusion of Roma and Egyptian communities -New challenges in social development of
Albania” on 20-21 February 2014. During the ensuing weeks were drafted the
recommendations from this workshop in consultation with all stakeholders contributing for
Roma issues. Recommendations will be then delineated in a concrete action plan with
measures, activities, budgets and defined responsibilities.
In April, in the framework of International Day of the Roma, the Ministry of Social Welfare
and Youth and the Ministry of Culture in cooperation with Roma civil society organizations
organized several social and cultural activities in the premises of the National Museum from
5 to 9 April.
Regarding health care, Ministry of Health (MoH) supported by UNICEF during this period
continued with the implementation of the project: “Health home visits for promotion of
growth and development in Roma children of Tirana and Durrësi district”. On 12 June 2013,
MOH, the Centre for Health and Community Wellbeing supported by UNICEF, prepare a
manual and check lists of control for home that are used during home visits. During second
half of 2013, 94 visits at home are conducted in Durres and 24 in Tirana. 120 children 0-6
years old are monitored and 72 mothers are contacted.
In October 2013 MoH provided access for health care nearby Roma community housed in
Shishtufinë area- Tirana.
The Institute of Public Health during this period has identified and are covered with
immunisation services marginalized/vulnerable groups (Roma, rural population, etc). This
40
Institute, in collaboration with the public health directorate in 10 districts of Albania had
organized promotional activities with the health staff, community, and schools for increasing
awareness for family violence, woman and child violence. Written leaflets, ribbons, and
audiovisual materials are distributed.
Institute of Public Health in prefectures of Shkodra, Kukësi, and Durrësi has conducted
promotional activities with Roma population regarding child health care, nutrition,
vaccination, family planning etc.
Public health Directorate in collaboration with some nonprofit organization and Roma
organisations in community and in some districts: Tirana, Berati, Kuçova, Pogradeci, Lezha,
Shkodra, Fieri, Elbasani, Korça, Gjirokastra do provide health care services for these people.
The services offered by the primary health care include, training on HIV/AIDS prevention
through peer educators, promotion and counselling and voluntary testing for HIV/AIDS,
condom distribution and training of health staff that works in areas were Roma population
live. 120 health workers from these centres in the above mentioned districts are trained
during 2013.
Regarding Roma education please refer to Chapter 23 - Judiciary and fundamental rights
3. Property rights
The Ministry of Justice paid special attention to the case-law of the European Court of
Human Rights on property rights. To this end, the Ministry of Justice has taken the legal
initiatives which main aim has been enforcement of judgments of the European Court of
Human Rights that have been finalised with their approval by the Council of Ministers. In
this context, the Albanian Government, considering the legal obligations foreseen in article
46 of the European Convention on Human Rights, ratified by law no. 8137 dated 31.7.1996
“On ratification of the European Convention for the Protection of Fundamental Human
Rights and Freedoms” has adopted the following sub-legal acts:
Decision “On enforcement of the judgments of the European Court of Human Rights
dated 15.1.2013, for the application no.63756/09, “Themeli v Albania”, approved on
26.03.2014.
Decision “On enforcement of the judgments of the European Court of Human Rights
dated 15.1.2013, for the application no. 49109/06, “Delvina v Albania”, approved on
26.03.2014.
Decision “On enforcement of the judgments of the European Court of Human Rights
dated 15.1.2013, for the application no. 13620/10, “Tushaj v Albania”, approved on
26.03.2014.
Decision “On payment of the remaining amount of obligation for enforcement of
judgments of the European Court of Human Rights, dated 31.7.2012, for application
no.604/07, application no.43628/07 and application no.46684/07, “Manushaqe Puto
and others v Albania”, approved on 26.03.2014.
Decision “On approval, in principle, of the 16th Protocol to Convention for Protection
of Fundamental Human Rights and Freedoms” approved on 26.03.2014.
41
First Registration
Concerning registration of immovable properties, the Ministry of Justice prepared the draft
act of the Council of Ministers “On defining the conditions and procedures to improve and
update data during public display of registration of immovable properties”, drafted so as to
determined conditions and procedures for updating and improving the data during public
display of registration of immovable properties, as an obligation deriving from law no.
33/2012. The draft decision is in the phase of external consultation.
The progress of first registration of the immovable properties from September 2013 to March
2014 is presented as follows:
The first registration has finished in 2588 CZ, out of 3058 Cadastral Zones.
According to the information of the IPRO, regarding rural CZ, first registration has
finished in 2515 CZ out of 2920 CZ.
Regarding the urbane CZ, first registration has been conducted in 67 CZ out of 138
CZ.
Has to be finished the first registration of the immovable properties in 470 CZ, out of
which 71 CZ are urban and 399 CZ are rural.
Table no. 1 Property Registration September 2013 - March
2014
Property no.
68,586
51,442
62,653
80,490
28,078
Completed First Phase
Undergoing Public Viewing
Completed Public Viewing
Kartelas's printed and handed over to IPRO
Registered
Cumulative from the start of LAMP Project
Property registered
361,432
344,298
311,225
242,256
189, 439
Completed First Phase
Undergoing Public Viewing
Completed Public Viewing
Kartelas's printed and handed over to IPRO
Registered
Table no. 2 The product delivered by the Contractors according to the new work plan
(Cadastral Zone: CZ)
September 2013 – March 2014
Beginning
of the First
Delivering
the Product
42
Public
Display
Delivering the
Phase II
Completion
of First
Registration of the
Phase I
ICB – 1
Tracasa&Inypsa
ICB – 2
BlomInfo AS
ICB – 3
CSI Piemonte
Total
Product
Registration
Fact CZ
Fact CZ
Fact CZ
Fact CZ
Fact CZ
22
0 (2
accepted)
11(6
accepted)
20(16
accepted)
31(24
accepted)
1
5 (5 accepted)
2
5
5 (9 accepted)
2
18
15 (16
accepted)
25 (30
accepted)
0
50
74
146
14
4
Cumulative from start of LAMP Project
NCB-1
ZRPP
(XYZ)
ICB – 1
Tracasa&I
nypsa
ICB – 2
BlomInfo
AS
ICB – 3
CSI
Piemonte
Total
Beginning of
the First
Registration
1
Delivering
Public
the Product of Display
the Phase I
1(1 accepted) 1
Delivering the
Phase II
Product
1 (1 accepted)
Completion
of First
Registration
1
22
22 (22
accepted)
20
20 (17
accepted)
14
50
35 (25
accepted)
25
21 (20
accepted)
13
74
56 (36
accepted)
35
25 (17
accepted)
0
147
114 (84
accepted)
81
67 (55
accepted)
28
Average time for completion of a property transaction for the period 01/01/2014 01/04/2014, based on the data generated by the Computerized Registration System
(ALBSReP) is as follows:
Average time for applications in 5 IPRDO’s
No.
1
2
3
IPRDO
Average time for
applications
Tiranë
Durrës
Fier
8
5
6
43
4
5
Elbasan
Shkodër
7
4
Restitution and compensation
A Decision of the Council of Ministers has approved the draft law extending the mandate of
the Agency with one year. The draft law is pending approval by the Parliament of Albania.
During the period September 2013- May 2014 the Agency of Restitution and Compensation
of Property has operated several very important processes. Based on the Property Strategy
2012-2020, the Agency in November 2013:
1. Started the process of inventorying the decisions of the Commission for Restitution
and Compensation of Properties/Central Immovable Property Office/ Agency of
Restitution and Compensation of Property issued from 1993 up to now.
2. Scanned all the decisions administered in the archive of the institution.
3. Carried out a pilot project for the Vlora Region: Digital map of decision-making of
the Commission for Restitution and Compensation of Properties/Central Immovable
Property Office/ Agency of Restitution and Compensation of Property issued from
1993 up to now.
By the end of these processes which started in November and which are expected to be
completed by the end of April, it may be realised the products:
1. Electronic register of decisions of Commission for Restitution and Compensation of
Properties/Central Immovable Property Office/ Agency of Restitution and
Compensation of Property issued from 1993 up to now in the last 20 years
2. For the first time it will be identified:
a. Exact number of decisions issued during 20 years
b. Exact number of compensation decisions
c. Exact number of type of discrimination (in kind, financial, bonds etc)
Meanwhile, on 5 and 6 March 2014, in the meeting of the Committee of Ministers of the
Council of Europe, the Albanian Government presented an Action Plan for implementing the
judgment of the European Court of Human Rights concerning the judgment Manushaqe Puto
and others v Republic of Albania.
The Action Plan was highly appreciated by the members of the Committee of Minister and
through discussions held in the session the Albanian Government was encouraged to make
this Action Plan applicable, even though the remaining period from the pilot judgment of the
ECHR is quite limited. The Albanian government through this action plan aims at realising
within one year and a half:
1. Institutional reform in property area
2. Issue of compensation bill
3. Full inventory of state-owned properties as means for compensation
44
4. Legal reform in property area
5. Completion of the initial registration of properties
In implementing this action plan, from mid-March until mid-April 2014, the following
measures are taken:
Approval by the Council of Ministers of the draft decision extending the mandate of
the Agency of Restitution and Compensation of Property with one year. It has been
send to Parliament for review and approval.
Establishment by order of the Prime Minister of an inter-institutional working group
to make the legal analysis of legislation in force concerning properties.
Establishment by order of the Prime Minister of the inter-institutional working group
to identify and make the unified inventory of state-owned properties.
The Council of Ministers approved Decision no. 72, dated 12.02.2014 on identification of the
surface area of land, 25 000 ha, state-owned, leased to the local government units, which will
be transferred to the fund of compensation-in kind, available to the Agency of Restitution and
Compensation of Property.
Meanwhile, the objectives of the institution are as follows:
I-
Legal objectives
1- Analysis of legislation on property including Law on Restitution and Compensation
of Properties, Law on legalisation and Law on Registration of Immovable Properties;
2- Adoption of a new property law, amending those provisions of the law or sub-legal
acts in force which have been difficult to implement, have resulted in unnecessary
repetition of procedures or administrative actions in this area. By the end of the legal
analysis conducted by the Inter-institutional working group for the Analysis of the
legislation on properties, it will be decided if it is necessary to amend the existing
legislation or to have a new property law.
3- Adoption of draft legal acts for creation of effective mechanisms of compensation of
owners and respective procedures aiming at a realist, applicable, pragmatist and
transparent compensation reform.
4- Review of legislation for facilitation of registration of final decisions (where
appropriate);
5- Creation of effective means of appeal;
II- Institutional objectives
1- Organizational:
a- Institutional reform of the Agency of Restitution and Compensation of Properties for
the purpose of creating an umbrella institution for property/land issues.
b- Unification of technical-administrative procedures among all the institutions which
centre of activity is the handling of property cases.
2- Functional:
45
a- Computerization of processed of review and administering of files in the institution.
Settlement of the situation and increase of transparency in order to attain the objective
foreseen by law, increase effectiveness of work and reduce corruption in this area,
through the taking of the following measures:
Computerization of the processes of review and administering of files in the
institution,
Project of geo-reference of different maps
Digitalization of the archive (not only by scanning the decisions)
Creation of the digital map of restituted and compensated properties
b- Creation of the Electronic Register of the Agency of Restitution and Compensation of
Property
c- Calculation of the financial bill of compensation
d- Inventory of the land fund for compensation
e- Execution of final decisions for compensation of former owners
Legalization Process
The Political Programme of the Government foresees the legalisation process shall be
accomplished mostly in the next four years.
In total, the legalization permits are issued to 21,638 buildings, and 271,524 other buildings
are in the legalization process.
6,648 owners, whose property was occupied by illegal constructions, were compensated to
the amount of 11,195,186,209.69 ALL. ALUIZNI contributed 7,909,897,805 ALL to the
compensation fund.
During the period October 2013 – April 2014:
The legalisation procedures that started in January – October 2013, (around 7,800
cases) were suspended from 2.10.2013 to 10.12.2013, in order to carry out their legal
review;
In this period, there were processed and digitalised 22,570 legalisation applications
submitted under Law No 141/2013 of 5.02.2013 “On some amendments and addenda
to Law No 9482 of 3.04.2006 ‘On legalisation, urbanisation and integration of illegal
constructions” as amended;
The reorganisation of ALUIZNI was carried out according to the Decision of Council
of Ministers No 289 of 17.05.2006 “On the organization and functioning of the
Agency of Legalisation, Urbanisation and Integration of Informal Zones/
Constructions (ALUIZNI)”, as amended with the Decision of Council of Ministers No
955 of 16.10.2013 “On some amendment to the Decision of Council of Ministers No
289 of 17.05.2006 ‘On the organization and functioning of the Agency of Legalisation,
Urbanisation and Integration of Informal Zones/ Constructions (ALUIZNI)”, and
Order of Prime Minister No 220 of 25.11.2013 “On the approval of the structure and
organigramme of the Agency of Legalisation, Urbanisation and Integration of Informal
Zones/ Constructions (ALUIZNI)”.
46
During March 2014, ALUIZNI has started issuing the legalization permits for illegal
buildings included in the process.
The new draft law on ALUIZNI was approved by the Council of Ministers and was
sent to the Parliamentary Commission. Actually it is expected to be approved by the
Parliament.
4. Regional issues and international obligations
4.1 Regional co-operation
Regarding regional cooperation, Albania actively contributes to regional cooperation and
plays an important role towards the reconciliation process in the region. Albania has
participated in the meetings of all levels in the framework of regional initiatives.
By 1 June 2013, Albania is assuming the one year Chairmanship of the Adriatic and Ionian
Initiative (AII), which coincides with the finalization process and hopefully the approval of
the new EU Strategy of the Adriatic and Ionian Macro Region, by 2014. Following the
proposal of Albanian Presidency of AII, and a full support given by European Commission, a
Special Meeting of the Adriatic and Ionian Council (AIC) of the Ministers of Foreign Affairs
was organized on 6 February 2014 in Athens, back to back with the Stakeholders Conference
on EU Strategy for the Adriatic and Ionian Region. The main outcome of this meeting was a
strong political support of the eight Countries towards the EUSAIR, embedded in a special
Declaration adopted on this occasion. This meeting increased to a great extent the visibility of
Albania as a serious, respectful, professional and constructive regional and European actor.
By 1 June 2014, Albania will assume the one year Chairmanship of the SEECP. In the
position of the forthcoming Chairmanship in Office, Albania actually is fulfilling the
membership of the SEECP Troika, alongside Romania and FYROM.
4.2 Bilateral relations
With regard to relations with the Republic of Kosovo, Albania considers them as a strategic
partnership aiming economic growth, improving quality of life and accelerating the European
integration process. Albania has supported Kosovo’s progress towards European Integration
and welcomed starting of the SAA negotiations on 28 October 2013, which opens a new
chapter in the irreversible integration process towards the EU.
The meeting between two governments of Albania and Kosovo, held on 11 January 2014,
opens a new chapter on Albania-Kosovo relations, which aims improving the daily life of our
citizens, according to our common target to become the EU members. The new political
declaration on strategic partnership between the two countries, signed in Prizren, Kosovo on
11 January 2014 aims at achieving a new economic development in all areas of mutual
interest. It is a milestone on our common economic, social and cultural developments for both
our countries; a contribution on Albanian and regional integration into the EU. Prizren’s
meeting recalls our will to support ethnic Albanians in Presevo valley as well as in promoting
47
the minorities’ rights all over the region. Several agreements and protocols have been signed
for the period 2014.
Albania welcomes and fully supports high-level on-going dialogue between Kosovo and
Serbia, with the EU facilitation and the US assistance. In this regard, Albania has
commended the successful conduct of local elections in Kosovo on 3 November 2013.
Albania has welcomed the efforts of Kosovo government to implement the IBM and
appointing a liaison officer who will work to improve communication between Kosovo and
Serbia.
Albania strongly condemned the criminal murder of a EULEX customs officer on 19
September 2013 in the northern part of Kosovo and the attacks in three polling stations in
Northern Mitrovica during the Election Day.
Regarding relations with Macedonia, they are characterized by a very good level of political
dialogue, with frequent contacts of high political level, confirmation of the positive
performance of the neighbourly relations.
Relations with Montenegro constitute a solid base for good neighbourly relations, developed
through an intensive political dialogue and economic and trade cooperation.
Relations with Republic of Croatia have experienced significant positive progress. There is a
growing political dialogue and a very good bilateral cooperation, particularly on European
Integration issues. Albania welcomed Croatia’s accession to EU on 1 July 2013.
Albania has been committed to further advancing the relations with the Republic of Serbia,
and strengthening the cooperation in all areas of common interest.
It is of great importance to the Republic of Albania to further develop relations with Bosnia
and Herzegovina, intensify the political dialogue and contacts at every level. Albania has
supported the integration process of Bosnia and Herzegovina to EU and NATO and has
aligned itself to the efforts of the international community towards the necessary reforms in
the country.
48
II. ECONOMIC CRITERIA
1. FUNCTIONING MARKET ECONOMY
1.1 Recent economic developments
The Ministry of Finance (hereinafter MF) initial assessment confirmed the weak economic
growth of the Albanian economy and low inflationary pressures in 2013. The weakness of
aggregated demand reflects on the overall uncertainty, tighter financing conditions and the
unfavourable external environment. Despite the challenging macroeconomic context, the
economy has sound economic and financial fundamentals. Inflation remained at low levels
during the first six months of this year, due to the weak demand inflationary pressures and
anchored inflation expectations.
According to the latest publication by Institute of Statistics (hereinafter INSTAT), the
economic growth in Q4 was 1.1%, coming back again on the path of positive growth, since it
had a negative growth of 2.5% in Q3 2013.
Growth was generated by the external demand, while private sector one was weak. Inflation
was 1.9% in Q1 2014, increasing by 0.3 pp from the previous quarter, mainly reflecting the
increase in food prices. The current account deficit went to the level of 20.4% of GDP till
Q37 2013.
The available data indicate an improvement in the domestic demand in Q4, supported mainly
by the public sector consumption and exports. Despite this increase, the economy is assessed
to be characterized by unused capacity, hence transmitting weak demand-side inflationary
pressures. This situation is also confirmed by the monetary analysis. Consumer prices
inflation is forecasted to hover around the actual levels in the course of this year.
According to Bank of Albania (hereinafter BoA), the economic activity showed clear signs of
slowdown during 2013. The aggregate demand was weak: fiscal stimulus and foreign demand
partially compensated the sluggish growth of private consumption and investment during the
first nine months of the year. In the Q4, real GDP increased by 1.1% amidst a temporary
increase in investment. For the year as a whole, the real GDP growth is estimated at 0.44%.
The parliamentary elections held in 2013 enhanced uncertainty perceived by the economic
agents and financial markets. The private sector demand continued to be hampered by the
low confidence of economic agents, by the slowdown of income growth and also by the
constrained financial conditions.
Furthermore, the external environment is characterized by ongoing economic strains in the
eurozone, which limit the growth of Albanian exports but also increases wariness on financial
markets to pursue conservative lending policies towards developing countries.
7
Excluding official transfers. Please refer to table 1 for the historical development.
49
The weak aggregate demand produced a low economic growth rate and remained under the
potential production level of the Albanian economy. This was also accompanied with a weak
employment and wages growth that did put less inflationary pressures. Average annual
inflation resulted 1.9% in 2013. Inflation expectations remained anchored, reflecting the
cautious monetary policy adopted by Bank of Albania, its enhanced transparency and the
improvement of BoA communication with the public. Furthermore, the undertaken measures
had an impact in the monitoring of liquidity risk premia and in reducing interest rates in the
economy. The improvement of current account deficit, the stability of domestic currency and
the safeguarding of healthy financial sector did strengthen further domestic financial stability.
Table 1 : Main macroeconomic indicators
Real GDP growth (in %)
Employment (in thousands)
LFS Unemployment rate
Inflation rate, % (y-o-y,
avg)
Budget balance (incl.
grants, in % of GDP)
Public debt (in % of GDP)
Current account(excl.
official transfers, in % of
GDP)
Credit to the private sector
(% end of period)
M3 growth rate (% end of
period)
Average exchange rate,
ALL/USD
Average exchange rate,
ALL/EUR
2008
2009
2010
2011
2012
2013
2014
Q1
7.5
974
13.2
3.4
3.3
902
13.8
2.3
3.81
904
14.2
3.6
3.12
925
14.3
3.5
1.23
958
13.9
2.0
0.43
955
17.0
1.9
na
na
na
1.9
-5.5
-7.0
-3.1
-3.6
-3.5
-4.8
na
54.7
-15.9
59.5
-15.6
58.5
-12.1
60.3
-13.7
62.5
-10.8
70.55
-10.9
na
na
32.2
11.7
10.6
10.4
1.5
-1.5
-2.24
7.7
6.8
12.5
9.2
5.0
2.3
2.04
83.9
95.0
103.9
100.8
108.2 105.7 102.5
122.8
132.1
137.8
140.3
139.0 140.3 140.4
1
Semi-finale; 2Flash; 3Based on quarterly publication, 4February 2014.
Data sources: MOF, INSTAT, Bank of Albania
The Albanian economy is expected to recover gradually in 2014. Aggregate demand will
continue to be supported by export growth and a better performance of consumption and
investment. Monetary policy will support domestic demand through safeguarding
macroeconomic stability and injecting monetary stimulus into the economy. In reflection of
the weak economic and monetary dynamics, inflationary pressures are expected to be weak.
This will require maintaining the monetary policy stimulus over the medium term.
Real sector
Gross domestic product during Q4 2013 grew by 1.1% in annual term, compared to the
decline it had of 2.5% the quarter before. The quarterly growth rate was 2.3%, thus returning
50
to positive territory after the contraction of 2.1% it had in 2013 Q3. The expansion is
attributed mainly to the industry sector, and trade, hotels and restaurants performance that
contributed respectively by 0.8 and 0.8 percentage points in the annual growth rate of GDP.
The services sector continued to slow down, contributing negatively by 0.7 percentage points
to economic growth. The strong performance of the industry sector was mainly driven by the
manufacturing part of it. Activity in agriculture registered a growth of 1.2% by contributing
to 0.2 percentage points to economic growth, whereas the construction sector grew at a rate
of 3.7%, returning to positive path from the 11.0% decline it had the previous quarter. A less
dynamic services sector reflected a slowdown in activity across “Other services” and
“Transport”.
With regards to production data for Q4 2013, activity in the industrial sector might be
affected positively by a more optimistic external demand, reflected in the growth of industrial
exports during Q3 2013. Furthermore, the high level of survey indicators for industrial
businesses suggests that industrial activity will rise during Q1 2014. Construction output
might ameliorate due to a decreased lower confidence of the businesses in this sector during
in Q4, and expectations for Q1 2014. A higher capacity utilization rate reported by businesses
included in the surveys is in line with an acceleration of activity in the construction sector.
Developments in the production sector were partly offset by the negative contribution of 0.5
percentage points to economic growth from services sector. Although, growth dynamics
within the sector were mixed, as with the exception of trade and post –telecommunication
activities, all services branches did record negative growth rates. Value added in trade rose by
7.0%, year on year, in Q4 2013, after the contraction recorded for four consecutive quarters.
Additionally, post – telecommunication value added did pick up by 8.4%, in annual terms,
following the decline in the two previous quarters. In contrast, value added in transport
services, in hotels and restaurants and in other services kept shrinking by respectively 27.9%,
16.7% and 1.8%, further following the decline a quarter before.
Regarding short – term dynamics, recent confidence survey data suggest a continuation of
positive growth in 2014 Q1, pointing to overall sectoral improvement.
GDP in current and constant prices, aggregate as well as breakdown by expenditure
In line with the estimations the components of domestic demand continued to be weak during
Q3, but improving in Q4 2013. The demand of the private sector strengthened the downward
trend observed in 2012, reflecting low business and consumer confidence, the tighter
financing conditions and the slowdown in revenues that this sector had during Q3 2013. In
contrast to the earlier quarters, the weakness of the private demand was not balanced by the
other components of the aggregate demand. The contribution of the public sector was
measured to be about 2.4 percentage points during the first half of 2013, but in the Q3 it
reduced by 0.5 percentage points the annual gross domestic product. In line with
developments in the components of the aggregate demand, the value added of the economy
shrank almost in all sectors during Q3 2013, with the exception of the agriculture sector. The
manufacturing sector declined in the Q3 as a result of contraction in the industrial production
and in manufacturing of construction material In the Q4 manufacturing came on the growth
51
path increasing by 7.8%. On the other hand, the service sector deepened its negative
contribution to the economic performance in the Q3 2013.
The cautious behaviour of consumers and their limit on spending will be deemed to continue
to hinder from the recovery of private consumption. Meanwhile, the assessment for poor
dynamic private investment reflects the perceived uncertainty in terms of the future
macroeconomic developments and in the environment of tight lending conditions and of
unused capacity. The foreign demand is projected to maintain its positive contribution to the
economic growth, but this contribution is expected to be lower as a result of relatively lower
base exports.
All components of aggregate demand were characterized by a weak performance in the 2013.
Private consumption was sluggish, reflecting lower consumer confidence and the slowdown
in income growth. Low inflation rates have helped to preserve the value of savings, but
Albanian families seem to have adopted cautious consumption behaviour and a growing
orientation towards saving. Concurrently, private investments remained at low levels. The
performance of this component reflected the decline of final demand, the high prevailing
uncertainty and the tighter financing conditions adopted by the banking system. Periodic
surveys report that the financial situation of businesses remains difficult, and this further
inhibits their ability to make growth-enhancing long-term investments. An exception was the
Q4 2013, when businesses, anticipating the introduction of a new tax regulation that could
abolish existing VAT exemptions, brought forward in time their planned imports of
machinery and equipment.
According to monthly data available for the Q1 2014, the slow expansion of the Albanian
economy continued to be reflected in increased imports, VAT revenues and improved
confidence. Economic growth is likely to improve gradually in the coming quarters,
supported by both exports and domestic demand components. According to BoA assessment,
the year 2014 will be a turning point for the economy.
The level of output remains below potential, and BoA still asses a negative output gap. It
widened further during 2013. Pressures resulting from the labour market were contained in
the presence of the increased unemployment rate, moderate growth in wages and of the
partial capacity utilization. These developments have contributed to controlled production
costs and profit margins and are reflected in the low values of core inflation during this
period. Given the current and expected stance of the Albanian economy, the inflationary
pressures in the economy are likely to remain subdued in the medium term.
Estimated impacted of the economic crisis and outlook for the year forward
As the global and especially Eurozone crisis has developed, the Albanian authorities assess
that Albanian economy has faced increased challenges in the past few years. Negative effects
from the external environment spilled over to Albanian economy through trade, financial and
worsen of the public confidence. The EU markets, especially Italy and Greece, continue to be
the main trading partners, although their export market share fell in response, among other
things, to the deterioration of their economic situation. The developments of the last two
52
years have shown that Albanian businesses have successfully managed to diversify markets
where Albanian products compete, cushioning the negative effect that the European crises
otherwise would have had on Albanian exports. With the onset of the financial and economic
crisis and the intensification of the debt crisis in Greece, there is a progressive decline in the
share of Europe in the total stock of foreign investment and remittances. Remittances from
these countries, in particular Italy and Greece, where the largest concentration of emigrants
are, have been on a declining path in the last two years, limiting the funds available for
financing consumption specially in the low-income category of Albanian families8. Overall,
the household sector suffered the prolonged uncertainty, the pronounced slowdown of the
disposable income, tight lending conditions and weak credit growth. The lending activity has
been affected to some extent by the new and stricter regulatory framework of the European
Banking Authority (EBA). Credit to the economy slowed down considerably during the
course of last year. In line of this development the economic growth has slowdown
considerably and the negative output gap has persisted, inducing overall low inflationary
pressure in the economy.
In 2013, the annual growth of 0.4%9, has been below the level registered last year by 0.8
percentage points. The economic growth is assessed to be driven by the external sector, while
the domestic demand will improve slightly. The still low economic expansion will be
reflected in slower growth of public revenues, highlighting the need for cautions planning and
executing of the budget in order to control and improve the sustainability of the public debt.
With regard to the demand of the private sector, it will continue to reflect the inertia of the
cautious behaviour of the economic and financial agents in the context of prolong uncertainty
in the domestic and external economy and in the financial European markets.
Looking forward, the Albanian economy is expected to recover gradually in 2014. In our
baseline scenario, the improvement of economic growth will be supported by the increased
foreign demand accompanied by a further correction of the current account, as the economies
of our partner countries are ameliorating. Meanwhile, the easing of the monetary policy and
the signal to persist the easing cycle throughout the year will provide a more suitable
environment for the revival of domestic demand. On one hand, fiscal policy will be oriented
towards fiscal consolidation, which will contribute to the lowering of the risk premia in the
economy and will increase room for the development of the private sector. Furthermore, the
repayment of arrears to the private sector will improve the financial situation of businesses
and will amend their balance sheets and those of the banking system. In the presence of good
liquidity conditions, financial markets will reflect the decrease in the risk premia and low
inflation premia. Meanwhile, the conditions of demand and supply for foreign currency
appear to be compatible with a stable domestic currency.
Overall, financing conditions are expected to improve in 2014. The easing monetary policy,
the reduction in the risk premia, the efficient administration of non-performing loans, and the
improvement of the banks' balance sheets will lead to the easing of the internal financial
conditions during this year. Furthermore, the Albanian economy is expected to continue to
Even though based on the consumers’ confidence surveys, the consumers reported that only 5% of their
consumption was financed through remittances.
9
A flash estimate of INSTAT, as per date end of April 2014.
8
53
attract more foreign finance, even though the foreign investors' sentiment towards developing
markets remains fragile. The arrangement with the IMF and the WB will contribute to the
reduction of the perceived country risk and to the increase of the foreign investors'
confidence in the potential of the Albanian economy.
In such an environment, the Albanian economy is expected to grow at a faster rate than in
2013. In the absence of fiscal stimulus, the domestic demand will be determined by the
performance of private consumption and investments. These two components, which so far
have been largely held back by high uncertainties among businesses and households and the
tight financing conditions, are expected to revive in 2014. The already high accumulation of
savings from households in the previous years and the low interest rates should drive
households more towards consuming. Furthermore, businesses are expected to benefit from
the consumer demand and better financing conditions.
Inflationary pressures will remain contained in 2014. On the demand side, the persistence of
the negative output gap will produce weak inflationary pressures. Pressures from the world
economy appear also low, in the presence of low inflation in the partner countries, decreasing
oil and commodity prices, and stable exchange rate. Inflationary pressures of monetary nature
are also expected to remain contained, as suggested by the slow increase of monetary
aggregates.
Balance-of-payments developments
The overall balance of payments of 2013 resulted in higher foreign reserve assets by EUR
104.4 million (ALL 14643.1 million)10. During this period, the current account recorded a
deficit of about EUR 1026.2 million (ALL143934.8 million), up by about 4.9% year on year.
The current account deficit (excluding official transfers) is estimated at 10.9% of nominal
GDP or about 0.1 percentage points higher compared to the previous year. Financial flows in
the capital and financial account have increased and financed 79.4% of the current account
deficit registered in the same period.
The current account dynamics over 2013 were broadly affected by the developments in net
exports and in the current transfers. The goods and services trade deficit contracted annually
by approximately 3.7%. The services account balance worsened considerably during 2013,
primarily due to the post-election period coinciding with the tourism season. The
merchandise trade deficit on the other hand declined sharply due to higher export
performance and lower import activity. The income account net balance registered deficit of
EUR 8.5 million (ALL 1192.2 million) from EUR 71.7 million (ALL 10056.6 million)
registered in 2012. The net income balance deficit narrowed on the back of lower investment
income outflows. Current transfers account surplus narrowed by about 20.2% y-o-y. The
main sub-item of this account, net remittances, decreased by 26.4%, y-o-y.
10
The official data on Balance of Payment, Foreign International Reserves and External Debt are published in
EURO. As required, in brackets we provide data in national currency. For BOP data the yearly average
Euro/Lek exchange rate was used.
54
Net financial and capital flows recorded a positive balance of EUR 815.3 million (ALL
114631.2 million) over 2013. The surplus registered in this account was 4.7% higher than in
2012 and were valued at about 8.4% of nominal GDP. Net foreign direct investments
amounted to EUR 893 million (ALL 125252.2 million), increasing by 37.8% y-o-y. This
performance was aided by FDI-related privatisation operations undertaken by the
government. If these privatisation receipts are removed, the annual growth in net FDI was
22.2%. Portfolio investments increased our assets invested abroad by EUR 103.7 million
(ALL 14580.2 million) during 2013. The net other investments account recorded a negative
balance of EUR 21.7 million (ALL 3043.6 million) for 2013 from a positive balance of EUR
83.4 million (ALL 11697.7 million). Total borrowing has decreased annually by 7.3%.
Foreign international reserves and external debt11
At the end of 2013, the stock of gross external debt of Albania recorded a total of EUR
5,692.1 million (ALL 798032.4 million). The stock of debt increased by EUR 175.6 million
(ALL 24619.1 million) compared with 2012 and approximately EUR 30.8 million (ALL
4318.2 million) compared with the level of the Q3 2013. In annual terms, the gross external
debt increased by 3.2%. The majority of the growing stock of debt at the end of 2013 was
caused by the increased borrowing of the government and the FDI-related intercompany loan.
The data on 2013 showed that the general government sector represented 40.4% of the total
external debt. The rest is distributed among other sectors 19.0%; banks 19.6%; foreign direct
investment and intercompany loans 19.6% and monetary authority 1.4%
At the end of 2013, the international reserve stock (gross) recorded EUR 2015.2 million
(ALL 282531 million), increasing by 2.2% year-on-year. In terms of reserve adequacy, this
level of reserve covers 4.7 months of imports and 170% of short term external debt.
At the end of February 2014, preliminary data on foreign reserves show that they stand at
EUR 1986.5 million (ALL 278.388 million) and covering just about 4.7 months of imports of
goods and services.
Table 2: External debt stock, breakdown by sectors (as % of total debt stock) and
International reserves
2011
2012
2013
Total debt (EUR million)
4,958.3
5,516.4
5,692.1
Total debt (ALL million)
688,856.6
770,034.3
798,032.4
General government
41.7%
40.3%
40.4%
Monetary authorities (BoA)
2.0%
1.6%
1.4%
Banks
17.6%
19.7%
19.6%
Other sectors
20.9%
19.9%
19.0%
FDI – Intercompany lending
17.8%
18.4%
19.6%
International reserves (EUR million)
1,912.49
1,972.45
2,015.2
International reserves (ALL million)
265,702.2
2,753,341.3
282,531
11
To calculate the figure of external debt in local currency the end of March exchange rate was used. For the
foreign international reserves the end of June 2013 Euro/Lek exchange rate was used.
55
Exchange rate framework and recent developments of exchange rate
The nominal effective exchange rate has showed an increasing appreciation trend in the
reporting period. During this period, NEER12 was appreciated in average by 1.4% annually,
reflecting mainly Albanian Lek (ALL) slight depreciation against the Euro and Marked
appreciation against American dollar (US Dollar). Compared to the same period of the
previous year, ALL depreciated against Euro by 0.6%. Despite the trade deficit narrowing
during this period, economic agents’ higher demand for Euro and lower remittances have put
pressure on the slightly weakening of ALL against Euro. Although, the positive interest rate
differential has been reduced continuously, during the same period it did not show added
pressure in the foreign exchange market. Meanwhile the ALL appreciated against the US
dollar by 3.5% annually, in line with the EUR/USD performance in the international markets.
In comparison to the other countries in the region, the ALL volatility stayed below the lower
limit of the fluctuation interval.
Trends in unemployment and employment
In 2013, the number of employed people through employment services was 12.241. 10.804
jobseekers were employed through intermediation, of whom 51% were women and 50% of
them were younger than 30 years old. A number of 1,437 people were successful in finding
work by themselves.
For more information, please refer to Chapter 19 “Social Policy and Employment”
The labour market was characterized by a decline in employment during Q4 2013. Based on
the Labour Force Survey figures (recently published by INSTAT), unemployment rate was
16.9 in the Q3 2013 from 13.9% one year ago (Q4-2012).
Data from the labour force survey indicate that the labour force declined by 5.9 point
percentage, employment declined by the same amount, while the number of unemployed
increased by 2.8 p.p year on year. Employment growth in the economy continued to be
leaded by the growth of this indicator in the non-agricultural private sector (+12.1%), while
employment in the public sector continued to stay at the same level as in the same period of
the previous year. Employment in the agricultural sector continued to decline on a quarterly
and yearly basis respectively by 14.1 and 15 %. The latest data from short-term statistics
show an increase of employment in industry and services.
In Q4 2013, businesses were not so optimistic in their assessment of the employment
situation in the economy. Data from the confidence indicators show that the employment
situation will have a slight decline in the sectors of the industry and services.
Wages in the economy are estimated to have increased in Q3 2013, being in line with the
minimum wage increase. This indicator figure was about 2.6% and 3.6% higher comparing
NEER –Nominal effective exchange rate is calculated against the currencies of Albania’s five major trading
partners, namely Italy, Greece, Germany, Turkey and China. A higher NEER implies the lek’s depreciation.
12
56
with the same period of previous year and with the Q2 2013. Deflated by the consumer price
index real wages grew annually by 1.1%. The performance of the wages has not been the
same in all sectors. Real wage growth was driven mainly from the 3.8% growth in the
industry sector, leaded by the subsectors of the extractive industry and energy production.
Real wages remained unchanged in service sector, while they decreased in the construction
sector.
Real wages in the public sector grew in annual terms, but with a slow rate compared with the
previous quarter Q2 2013. The latest data from the confidence indicators give us a signal of
slowdown in the wage growth across sectors during in Q4 2013.
Trend indices on inflation, core inflation
The inflation trends were reflected an overall macroeconomic environment with weak
inflationary pressures and anchored inflation expectation. Annual inflation rate averaged
1.5% in 2013 H2 and 1.9% in 2014 Q1, remaining below the lower limit of Bank of
Albania’s tolerance band. Decline in aggregate demand and partially utilization of the
production capacity has persuaded weak inflationary pressures during this period. Other
factors, such as falling prices of primary commodities in international markets, exchange rate
stability, and weak pressures from labour market, led to subdued producer prices and profit
margins.
The persistent weakness of aggregate demand continued to be reflected in deeper reduction in
main inflation trends. Long-term and domestic inflation in the economy, measured through
core and net non-traded inflation components, marked -0.21% and 0.9%, respectively, in
2014 Q1. Since February 2014, core inflation13 has stopped the downward trend. Both
remained at low levels and below the historical average.
Short-term inflation materialized in the non-core inflation component resulted 6.7% in the
first quarter 2014. It reflected the high volatility of agricultural products prices and the
increased contribution of some prices’ items to the headline inflation, due to the new fiscal
package.
The performance of food prices, particularly the unprocessed food prices, determined
inflation developments in 2013 H2 and 2014 Q1. Price volatility in other CPI basket items
contributed slightly to headline inflation rate.
In Q1 2014, unprocessed food prices contributed with 1.6 percentage points to the headline
inflation, representing close to 85% of total inflation. The increase of the contribution to the
overall inflation performance has reflected higher prices driven by increased demand for
export from foreign market. Meanwhile the low level of unprocessed food inflation in the
countries of the region has been reflected in lower imported inflation for this item.
13
Core inflation is calculated as a simple arithmetic average of two measurements: permanent exclusion of
some items; and trimmed mean (30%).
57
The annual inflation of processed food and its contribution to headline inflation were
negative with the lowest values since 2009, influenced by the favourable conjuncture of
global prices for these goods, and the stable exchange rate over this period.
1.2 Reporting on monetary and fiscal policies
Evolution of the monetary policy framework and monetary policy stance
The BoA has continued to follow a stimulating monetary policy during the reporting period.
The policy interest rate was reduced gradually by 75 basis points in total during this period,
the last one being in February 2014 and reaching a new historical low at 2.75%. The decision
for these consecutive reductions in the base rate has been based on the persistently weak and
downward trend of the inflationary pressures, as well as the underlining weak economic
activity and the negative output gap over the medium run horizon. BoA has continued to
supply the banking system with ample liquidity through its main repo instruments, in order to
ensure the transmission of the monetary policy and the efficiency of its decisions through the
financial markets and the real sector of the economy.
Money supply has followed a decelerating trend as compared to the first three quarters of
2013. The broad money indicator, M3, recorded an annual growth rate of 2.0% at the end of
February 2014, compared to 2.7% in August 2013. This expansion has been mainly sustained
by the foreign component of the broad money. At the same time, the financing of the fiscal
sector mainly through the domestic banks has given a positive annual contribution to the
monetary expansion. Meanwhile, the demand of the private sector for financing, within the
framework of weak economic developments and the related uncertainties for the future, has
continued to remain subdued. On the supply side, banks have continued to follow prudent
lending practices, especially towards businesses. Despite a tendency of easing for household
loans, overall credit conditions show that banks remain reluctant to lend, reflecting high
credit risk premia. In this light, credit to the economy has been contracted by -2.0% for
February 2014, contributing negatively on the broad money growth. The developments of the
monetary aggregate in ALL have shown a similar decelerating pattern, where M2 recorded a
growth of 3.2% at the end of February 2014, compared to 6.6% in August 2013. The
increased activity of the government was the main contributor in the M2 expansion. Also, the
credit portfolio in ALL has continued to perform better than the one in foreign currency,
however pacing down during this period compared to the first three quarters of 2013. On the
liabilities side, the total stock of deposits has expanded by 1.7% in annual terms. Given the
higher creation of money in domestic currency, ALL deposits show a positive and higher
growth comparatively to the foreign currency deposits, despite the slowdown in time. In
February, the annual growth rate of ALL and foreign currency deposit was respectively 2.5%
and 0.2%.
The overall interest rates have shown a continuous declining trend in the last six months, in
line with the monetary policy easing. This trend has been more pronounced in the primary
market of government securities for all maturities. Accordingly the yield curve has shifted
downwards. Movements in the yield curve from primary market indicate no inflationary
58
expectations from the financial markets. ALL deposit rates have also declined rapidly, albeit
maintaining a positive spread with Euro deposit interest rates. The last six months have
shown also a clearer trend in falling ALL lending rates. Nevertheless, the reductions have
been moderate with banks trying to maintain a safe minimum for loan rates. Hence, their
spreads to reference rates (normally treasury bills or cost of funds) have slightly increased.
This development reflects the continuous tightening bias maintained by banks. On the other
hand, the lower loan rates have not yet been translated in an increasing demand for loans,
confirming the high uncertainties and risks that are still present in the economy.
Assessment of the macroeconomic policy mix
The economic growth has slowed down considerably last year with a first flash estimation of
GDP growth at 0.4%. The macroeconomic policies have been driven by the need to support a
sustained medium-term economic growth. Key issues in setting appropriate policies have
been the preservation of the stability of consumer prices, public debt and financial system.
Given that inflation expectations remain well anchored, the monetary policy has eased with
the aim to support economic recovery. In the last six months, the policy rate has been cut
three consecutive times from 3.5% to 2.75% trying to stimulate aggregate demand. The
easing cycle has been associated also with a set of macro prudential measures which aimed at
facilitating credit supply to the economy. Changes in the Civil Code (effective September
2013) and the proposal for some changes to the Law No.8438, dated 28.12.1998 “On Income
Tax" (at the end of April 2014 these changes have not yet been approved by the Parliament)
have been introduced to address issues with the execution of the collateral and the burden of
lost loans on banks' balance sheet. The overall monetary and macroprudencial policies have
yielded positive results with respect to a decline in the cost of lending in domestic currency as
well as a slowdown of increasing NPLs. The effects on boosting aggregate demands have
been weak while an improvement in this component is expected to show during 2014. These
policy decisions have carefully taken into consideration the balance of risks to financial
stability. Further, the authorities are committed to implement the recommendations that
follow from the recent Financial Sector Assessment Program with IMF and WB, in order to
strengthen supervisory regulation and ensure the safeguard of the overall financial system.
Fiscal policy has been tightening. The high public indebtedness of Albania has called for
fiscal consolidation that aims to lower the public debt below 60% of GDP in the medium
term. The government has already introduced a fiscal package that affects primarily the tax
revenues and tax administration. Simultaneously, the authorities are strongly committed to
pay the arrears accumulated over the past years and hence providing a fresh injection of
liquidity in the economy. Furthermore, the necessary steps will be taken to prevent future
accumulation of arrears.
The authorities have also signed a three year EFF agreement with the IMF, which is expected
to help the country to meet its financial needs, while providing the necessary support to
engage in successful structural reforms. In this respect, the planned reforms and the fiscal
measures aim to improve the investment climate in the country.
59
As the Ministry of Finance reports, the situation of public finance remains critical,
particularly the elevated public debt level, nevertheless some recent positive developments
seems to have improved somehow the overall fiscal picture.
Total revenues increased by 8.7% during the Q4 2013 compared to Q4 2012. Tax and
customs revenues experienced a growth of about 15.6% during Q4 2013 in annual terms. This
is a considerable improvement compared to the trend of the first three quarters. Total
revenues and especially revenues from tax and customs were sharply reducing during the first
nine months of 2013, respectively by -3.8% and -6.5% in annual terms. Part of this increase,
particularly in December 2013, is probably driven by pre-enforcement effects of the
increased tax rates enforced in 1 January 2014. Nevertheless, it still reveals a turning point as
regards tax collections, which is highly crucial for the public finances as well as the overall
macroeconomic stability. Furthermore, other kinds of current budget revenues (i.e. revenues
from local government and social contributions) have performed better during the last
quarter. Total revenues and tax and customs revenues in terms of GDP were respectively
26.9% and 19.7% in the last quarter and 24.2% and 17% for the entire 2013, up from 23.3%
and 16% of GDP resulting for the first nine months of 2013.
Overall fiscal deficit was considerably lower in the end of 2013 than the target of the revised
budget. Mainly due to the increase of revenues as well as lower than planed foreign capital
expenditures and lower increase of current expenditures during Q4, the fiscal deficit in 2013
was about 4.8% of GDP, considerably lower than the 6.2% budget target. The overall fiscal
deficit was about 1.9% only for Q4 2013 from 5.8% of GDP estimated for the first nine
months of 2013. The fiscal deficit of 2013 was manly financed through net new borrowing
and about 1% of GDP was financed through privatization receipts (cashed in and used during
the first half of 2013).
Developments in revenues and expenditures during the last quarter let to another important
positive fiscal result regarding the current fiscal balance. In the end of September the current
fiscal balance was in deficit of about 0.6% of GDP while it shifted to surplus of about 1.8%
of GDP in the last quarter and was managed to be on balance for the entire 2013, in line also
with the fiscal rule (golden rule) envisaged in the Organic Budged Law.
The primary balance also shifted to surplus of about 1.8% of GDP in the last quarter and the
primary deficit was reduced to -1.6% of GDP for the full 2013, from a deficit of 2.8% of
GDP in the first nine months of 2013.
In the end of 2013, the public debt (including the stock of arrears) is estimated at 70.5% of
GDP (from which 5.3% of GDP is the stock of total outstanding arrears as estimated by
IMF).
In 2014, the target for fiscal deficit is of 6.5% of GDP. About 4% of GDP will be financed
through domestic and foreign debt, respectively 3.3% and 0.7% of GDP. The rest of 2.5% of
GDP will be financed through smooth loans from IMF and WB. This part of financing will be
in the form of “budget support” but at the same time an equivalent amount of budget
expenditures is allocated toward the payment of arrears (infrastructure, tax and other arrears).
60
Recent trends in general government debt and its main driving factors
At the end of December 2013, the Central Government’s Debt is estimated to be 884,500
million ALL or 64.61% of GDP by growing with 235 basis points compared with 2012.
Meanwhile, if we consider arrears which have been estimated at around 72.6 billion ALL; the
public debt stock will stand at the level of 69.86% of GDP in the end of 2013.
In Q1 2014, the level of Central Government’s debt is estimated to be at the level of 63.54%
of GDP, showing a slight decrease of 107 basis points compared to 2013.
Table 3: Public debt figures
In million ALL
2010
2011
2012
2013
March 2014
Total Debt Stock
715,371
772,517
827,981
884,500
897,220
Domestic Debt Stock
407,372
438,582
470,358
520,786
531,297
External Debt Stock
307,999
333,935
357,622
363,714
365,923
1,222,462
1,282,255
1,330,003
1,369,009
1,412,002
Total Debt Stock/GDP
58.52%
60.25%
62.25%
64.61%
63.54%
Domestic Debt/GDP
33.32%
34.20%
35.37%
38.04%
37.63%
Exteral Debt/GDP
25.19%
26.04%
26.89%
26.57%
25.92%
GDP
Year 2013 has been a very dynamic year as regards the developments in the public debt of
Albania, and also a challenge for the domestic market of securities in terms of successfully
financing a relatively high budget deficit.
Domestic borrowing for 2013 was achieved at the level of 46.2 billion ALL and noted that
this founding was entirely conducted with long term instruments. This founding has enabled
significant improvement in the domestic debt indicators and also in the maturity profile. The
average days to maturity indicator are estimated at 560 days compared to 386 days at the end
of the previous year, thus making the reduction of the refinancing risk possible.
It is worth mentioning the diversification of instruments and founding sources in 2013. For
the first time, the issue of a 10 year bond (8.2 billion ALL) and a 2 year Euro denominated
bond was successfully conducted.
Characteristic for 2013 and for Q1 2014 has also been the drastic drop in the interest rates
which has enabled a reduction in the cost of debt servicing.
Beside the positive developments of the domestic market in the segment of government
securities, it should also be taken into account that public debt continues to pose a high risk
which should be mitigated in the future. From this perspective, it is important for the future
that the debt borrowing is provided by long term instruments and that the debt structure is
improved further by refinancing some of the short term instruments with those of longer
maturity.
61
As regards foreign borrowing, the relations with international creditors have been very
dynamic during 2013 and the same expectations are for 2014.
The future foreign borrowing is based on the expected funding of projects and completed
with the provision of external financing in accordance with the agreements with IMF and
World Bank for the repayment of arrears.
1.3 Interplay of market forces
Privatization
For information on the privatization process please see Chapter 20: Enterprise and
industrial policy.
1.4 Market entry and exit
Business entry
National Registration Centre as one stop shop during the reporting period had the following
registration activity:
Table 4: Statistics September – December 2013
Registrations
Sep
Oct
Nov
Dec
Total
%
620
1703
1771
752
9694
81.1%
10
9
4
1
50
0.4%
201
230
210
126
2111
17.7%
Other
6
6
5
8
96
0.8%
Total
837
1948
1990
887
11951
100%
181
241
278
357
1057
92.07%
Other
18
47
13
13
91
7.93%
Total
199
288
291
370
1148
100%
Physical Persons
Joint stock companies
Limited liabilities
Written of
Physical persons
Table 5: Statistics January-March 2014
Registrations
Jan
Physical Persons
Feb
2566
Mar
1782
62
Total
1173
5521
%
89.3%
Joint stock companies
1
1
2
4
0.06%
204
206
213
623
10.08%
Other
9
7
14
30
0.48%
Total
2780
1996
1402
6178
100%
288
314
404
1006
97.39%
Other
12
8
7
27
2.61%
Total
300
322
411
1033
100%
Limited liabilities
Written of
Physical persons
National Licensing Centre (NLC)
Meanwhile, below you may find the statistic data regarding the time periods AugustDecember, 2013 and January-April 2014.
Table 6: Total of Permits and licences
Year 2013
Month
Total of
Approve
application
d
Approve
Refuse
In
d with
d
s
Pending
Withdra
Active
Revo
proces
for the
w
Licence
ked
s
paymen
silent is
consent
s
t
August
331
247
3
75
8
-
1
226
4
Septembe
392
293
4
80
13
-
6
302
1
October
456
276
9
168
7
-
5
203
3
Novembe
442
271
16
159
7
3
5
235
4
549
343
11
194
6
3
6
305
-
r
r
Decembe
r
Year 2014
Month
Total of
Approve
Approve
Refuse
In
Pendin
Withdra
Active
Revoke
application
d
d with
d
proces
g for
w
Licence
d
s
silent is
s
consent
the
s
paymen
t
January
566
345
10
211
5
5
5
292
-
Februar
607
365
9
213
26
8
3
300
1
March
622
246
-
218
156
14
2
243
3
April
125
22
-
9
94
12
-
57
-
y
Doing Business ranked Albania in 90th place out of 189 countries in its 2014 Ease of Doing
Business Index. The raking for each indicator and its comparison to the previous year is
shown in the table below.
63
Table 7: Comparison of rankings for each indicator in 2013 and 2014
Indicators
DB 2014
DB 2013
# in Ranking
Ranking 90
Ranking 82
1. Starting a business
76
68
-8
2. Dealing with Construction Permits
189
189
There is no change
3. Getting Electricity
158
155
-3
4. Registering Property
119
115
-4
5. Getting Credit
13
11
-2
6. Protecting Investors
14
14
There is no change
7. Paying Taxes
146
146
There is no change
8. Trading Across Borders
85
84
-1
9. Enforcing Contracts
124
96
-28
10. Resolving insolvency
62
65
3
Source: Doing Business Project
As shown in the table, the overall ranking of Albania is lower compared to the previous year.
Albania scored lower in six out of ten indicators. Only the indicator “Resolving insolvency”
was improved.
The performance was sub-optimal regarding indicators “Starting a Business”, “Getting
electricity”, “Registering Property” and “Getting Credit”. The estimation of the indicator
“Enforcing Contracts” was particularly lower in 2014 compared to the previous year.
Albania is at the same level compared to the previous year in these indicators:
Dealing with Construction Permits, ranked in the last positions;
Paying Taxes, still classified with poor performance;
Protecting Investors.
The graph below compares the raking of Albania with the other countries in the region in the
2014 Ease of Doing Business Index.
Graph 1: 2014 Ease of Doing Business Index: A Regional Comparison
Source: Doing Business Project
64
Concerning the activity of the Albanian government for the improvement of the Doing
Business indicators, please see Chapter 20: Enterprise and industrial policy.
Business exit
From September 2013 until November 2013 the activity of the bankruptcy Supervision
Agency has been as follows:
Regulatory Activity
For the purpose of meeting the objective to provide the legal framework for operation of the
Agency, a set of bylaws are formulated and finalized as draft proposals:
Regulation “On determination of detailed rules for bankruptcy and inspection
procedures of Bankruptcy Administrators”, to be approved by the Minister of Justice;
Strategic Plan of the Bankruptcy Supervision Agency
Proposal for amendment of the law “On bankruptcy”;
On the drafting bylaws, Albanian Bankruptcy Supervision Agency is guided by the best
practices of bankruptcy, implemented in developed European countries (England, Germany)
and beyond (US, Canada) and is based on the recommendations of IFC, the World Bank, and
UNCITRAL.
The Agency has prepared the Strategic Plan for 2014-2017, which is expected to be approved
by the Minister of Justice. Bankruptcy Supervision Agency in its Plan shows the continuity of
operations as a component of high performance of the Ministry of Justice.
For the preparation of the amendments to the law “On bankruptcy” the Agency has
mobilised its resources. Draft amendments were consulted with the experts of IFC and other
groups of interest. Based on the assessment of the World Bank project for Debt Resolution in
Albania, formal procedures for debt resolution are in general functioning poorly. Bankruptcy
proceedings are almost unknown in practice, also recovery rate after a bankruptcy procedure
in the most cases turns out low. Debtors do not consider bankruptcy as a mechanism for debt
resolution or reorganization of the company. In the current law “On bankruptcy”, the Agency
its not properly included on the bankruptcy proceedings. For the proper functioning of the
Agency, it should be a part of the bankruptcy proceedings supervision.
During October 2013, the Agency has prepared its Anti-Corruption Strategy. This Strategy
aims to reduce the possibility of corruption by creating an administrative and legal
framework in the public sector. An important element of the strategy is the management,
organizational development and regulation of relations between institutions of the
government, private sector and citizens. One of the main objectives of the Strategy is to
increase the efficiency and integrity of the Agency and the bankruptcy system, to prevent and
fight corruption.
65
Statistics
The statistical data related with requests for declare bankruptcy proceedings for the first 6
months of 2013 are processed by sector of Standards and Statistics, on Bankruptcy
Supervision Agency. The processed data for the first 6 months of 2013 are as follows:14
Table 8: Request for declaring bankruptcy
Period
2009
2010
2011
2012
First 6 months-2013
2009
2010
2011
2012
First
2013
New
153
27
47
95
107
Outstanding
Returned to
judgment
11
93
33
21
34
1
2
0
1
44
Table 9: Completed Cases
Period
Accepted
Refused
3
6
4
12
12
21
11
9
6 months5
50
Ceased
63
51
19
23
72
Appealed
24
8
21
6
20
Completed
72
67
52
42
139
Total
number of
cases
165
122
80
117
191
Uncompleted
93
55
28
40
52
Table 10: Timeliness
Deadlines
2009
2010
2011
2012
First 6 months-2013
0-2 months
26
8
9
21
72
2-6 months
25
11
16
6
19
Over 6 months
21
48
27
16
11
Source of information: Bankruptcy Supervision Agency
1.5 Financial sector
Structure of financial sector
Statistical data of non banking financial market
14
The statistical data are processed by the Bankruptcy Supervision Agency and not by the Ministry of Justice as
they have been in the previous report.
66
The FSA supervises the non-banking financial markets that according to the estimates for
2013, reached total assets of ALL 73.12 billion (521 million Euro), or 5.36% of GDP from
the 1.45% of the average for the period 2007-2011 and with the active participation on total
480 operators from which 53 operators licensed as companies, 5 pension and investment
funds, 422 operators licensed as professional individuals.
Voluntary pension market
As regards the statistical data on voluntary pension during 2013 please refer to Chapter 9
“Financial Services”, subchapter “Insurance and pension insurance”
Insurance market
During the reporting period there were 11 insurance companies operating in the Albanian
insurance market, of which 8 Non-Life insurance companies, 2 Life insurance companies and
one Life and Non-Life insurance company. Foreign capital in this market accounted for about
45%, compared with the registered capital of the insurance companies. The total assets of
insurance market in 2013 reached 21, 7 billion ALL (155 million Euro) or said otherwise
about 30% of total assets of non-banking financial market in supervision.
The insurance gross written premium revenues in 2013 were about ALL 8.5 billion (60.9
million Euro), or 4.63% less compared to the same period last year. The market continued to
be dominated by Non-Life insurance, which share was 88.1% of the total premium volume.
Life insurance market share was 11.3% and reinsurance 0.6%. Market shares of voluntary
and compulsory insurance gross written premiums were respectively 54% and 46%.
During the year 2013, the total of paid claims was ALL 2.7 billion (19.3 million Euro) or
3.3% less, compared with the year 2012. The insurance penetration rate in GDP remains low
at 0.63%, from 0.67% that was a year ago.
Statistical data for the period January- February 2014
The insurance gross written premium revenues for the period January- February 2014 were
about 1,7 billion ALL (12,1 million Euro), or 30,2% more compared to the same period in
2013. The market continued to be dominated by Non-Life insurance, which share was 87,7%
of the total premium volume; life insurance market share was 11,3%. Market shares of
voluntary and compulsory insurance gross written premiums were respectively 49,7% and
50,3%. During the period January- February 2013, the total of paid claims was 406 million
ALL (2, 9 million Euro) or 0, 54% more compared the same period 2013.
As regards the statistical data on insurance market during January – February 2014, please
refer to Chapter 9 “Financial Services”, subchapter “Insurance and pension insurance”
Securities Market
Investment Funds
67
For the statistical data on capital market during 2013, please refer to Chapter 9 “Financial
Services”, subchapter “Capital market”.
Banking sector developments
Financial institutions continue to be confronted with significant challenges, mainly related to
the weak economic environment, which has dampened profitability and increased credit risks.
At the same time, banking sector solvency positions have continued to improve – resulting
from both rising core Tier 1 capital and reductions in risk-weighted assets. The capital
adequacy ratio has improved significantly. The level of the capital adequacy ratio reached
17.96% in December 2013, from 16.2% at 2012 year-end.
The banking sector continues to be the main segment of financial intermediation in Albania,
accounting for 91.3% of financial system's total assets in the end of 2013. The non-bank
financial sector recorded an increasing share in total financial system, accounting for about
8.7%, at the end of 2013 comparing with 6.4% at the end of 2012.
Lending continued its contraction trend over the year 2013 and in the first months of 2014,
following the trend of Albania's economy and banks reluctance to lend more, as a result of
the loan portfolio quality deterioration. Annual credit rates decelerated significantly,
continuing the trend established by the combination of supply and demand factors: on the
supply side, banks have been more prudent following the credit quality deterioration; on the
demand side, developments in the economy, with a direct or indirect impact on the financial
position of businesses and households, led to downward credit demand from the banking
system.
December 2013, lending annual growth was -1.8% compared to 2% the same period of the
previous year. Based on the last data in February 2014, the lending growth was -1.7%
comparing with the end of year 2013, and -3.1% the same period previous year. The share of
credit to private sector, public sector and households reached about 41.6% of the GDP at the
end of 2013, suffering no substantial volatility from a year earlier, and revealing that
crediting continues to be the main financial inter-mediator. Credit activity contraction in the
first months of 2014, will decrease the share of credit to GDP. Uncertainties related to
lending have contributed to higher provisioning levels during 2013 and early 2014. In
December 2013, they surged 20.6% from a year earlier. In February 2014, the annual growth
of provision was at around 17.8%. The level of non-performing loans remains the primary
concern of the banking sector. The ratio of non-performing loans to total loans reached 23.5%
at the end of 2013, against 22.5% at the end of 2012. The deterioration of lending portfolio
deepened during the first months of 2014, where in February 2014 the ratio of nonperforming loans to total loans reached 24.2%, comparing to 23.6% the same period of the
previous year.
The loan portfolio for the private sector and households in 2013 decreased by 2.1% on an
annual basis. This tendency was followed during the first months of 2014, where in February
2014, the loan portfolio for the private sector and households decreased by -1.8% comparing
68
with the end of year 2013, and -3.4% in annual terms. In December 2013, credit to large
enterprises accounted for about 42.9% of the outstanding loan, down by about ALL 8.2
billion. Credit to medium enterprises increased by ALL 2.6 billion at the level ALL 76.1
billion, accounting for 14.1% of the outstanding loan, and small-sized enterprises loan
contracted by ALL 2.5 billion, accounting for 11.7% of the outstanding loan. During the first
months of 2014, the share of credit according the size of enterprises remained unchanged.
By currency, according to most recent Bank of Albania data, over a one-year-period
(December 2012 – December 2013), Euro-denominated loans continued to have the largest
share in the loan portfolio, accounting for about 54.4%, followed by ALL -denominated
loans, accounting for about 39.4% and the US dollar-denominated loans, accounting for
about 6.2%. However, just the ALL -denominated loans scored an increase by 2.5%
compared to the previous year, while the euro and US dollar-denominated loans fell, 2.8%
and 9.2%, respectively. These weights are expected to be maintained even during 2014, with
small changes.
By distribution of the outstanding loan according to the sectors of the economy, the following
sectors had the largest annual growth of loans in December 2013: public administration
(22.3%), agriculture (9.7%), transport and telecommunication (8.9%) and energy production
(7.4%). The other sectors of the economy, credit to which declined significantly are as
follows: credit to real estate declined by 56.3% and construction sector dropped by 15.2%.
Credit developments during February 2014; distinguish only two economic sectors with the
largest annual growth of loans: public administration (22%) and agriculture (10%). Credit for
the other economic sectors declines significantly and we can mention: credit to real estate
declined by 59%, construction (-15%), extractive industry (-13%) and hotels and restaurants
(-10%).
The banking sector has maintained steady rates from net income from interest and gross
operational profit. However, the necessary increase of credit risk provisions has contributed
to downward banking sector's net financial results during 2013. Nonetheless, the financial
result remains positive and concentrated. In December 2013, the profitability indicators, RoE
and RoA, increased at the level of 6.4% and 0.54% from 3.78% and 0.33% reported at the
end 2012. This increasing trend continued even in the first months of 2014, where in
February 2014 the profitability indicators improved significantly, as for RoE and RoA
increased at 16.9% and 1.44%, comparing with 7.9% and 0.7% the same period previous
year.
Interest rates on credit to businesses and consumers were conditioned by the T-Bill rates.
The liquidity situation was good during the year 2013 and at the beginning of the year 2014,
as public deposits continue to have satisfactory levels. They cover almost half the credit
amount, and borrowing from non-residents is at low levels. Deposits increased by 3.4% on
annual basis in the end year 2013 and 3.1% in February 2014, pointing the re-establishment
of the public trust in the banking sector.
69
The banking sector appears more hedged against direct market risk, but remains exposed to
the effect of credit quality from unwanted exchange rate and interest rates fluctuations.
Credit risk is the main source of risk to the banking sector. On this topic, through its
supervisory function, the Bank of Albania has requested commercial banks to provide, in
parallel, accurate and timely identification of non-performing loans and create relevant
provisions, as well as implement established actions to recover the loss loans through
collateral execution. These actions, combined with measures for reducing operational costs,
would establish, gradually, the conditions for generating a stable and positive financial result,
which would better support the medium-term needs of the banking sector for capital.
Efficiency of financial intermediation: provide information on the development of interest
rate spreads (average lending/deposit rates); degree of competition in banking sector; share of
non-performing loans; any
The banking system continued to display a stable trend in terms of allocating and using
financial resources. This was also reflected in the Herfindahl Index15, which measures the
level of concentration in the banking system. Concentration indicators, as measured by the
Herfindahl Index, for total assets, deposits and loans, remained close to zero, providing
evidence for low concentration in the banking system in terms of assets, deposits and loans.
Hence, there was a better distribution of shares in the market and, consequently, better
competitiveness.
Table 11: Herfindahl Index of asset, deposit and loan concentration
Indicator
Herfindahl index
(assets)
Herfindahl index
(deposits)
Herfindahl index
(loans)
2008
2009
2010
2011
2012
2013
0.15
0.14
0.14
0.15
0.15
0.14
0.17
0.15
0.16
0.16
0.15
0.14
0.11
0.11
0.11
0.12
0.12
0.12
1 The index ranges from 0 to 1. A higher index (closer to 1) implies lower competitiveness,
and vice versa.
Table 12: Non-performing loans (in percent)
2008
Non-performing
loans/1
6.64
2009
2010
2011
2012
2013
10.48
13.96
18.77
22.49
23.49
February
2014
/1 Non-performing loans (NPL) as percent of gross loans.
Table 13: Interest rate spreads.
15
The index ranges from 0 to 1. A higher index (closer to 1) implies lower competitiveness, and vice versa.
70
24.2
2008
Interest rate spreads
(average
lending/deposit
rates)/1
5.69
2009
2010
6.81
5.96
2011
2012
5.60
2013
5.40
February
2014
6.1
6.2
1/ average monthly spread.
Table 14: Core-activity profitability indicators, in percentage (cumulative)
Ratios
Interest income/average interest-earning
assets (1)
Interest expenses/average interest-earning
assets (2)
Net Interest Margin (NI M) {(1)-(2)}
Dec
‘09
8.10
Dec
’10
8.11
Dec
‘11
7.78
Dec
‘12
7.73
Dec
‘13
7.31
Feb
‘14
1.07
4.06
3.78
3.57
3.72
3.42
0.43
4.04
4.32
4.20
4.01
3.88
0.64
2. CAPACITY TO COPE WITH COMPETITIVE PRESSURE AND MARKET
FORCES WITHIN THE UNION
2.1 Endowment with human and physical capital
Employment policy
At the end of Q3 2013 the unemployment rate was 16.9%, as reported by INSTAT. The
number of registered unemployed jobseekers to respective employment offices was 143,901
persons. 51.8% of them were females, and 60.6 % were unemployed for long terms. In 2013,
the number of employed people through employment services was 12,241, from which
10,804 were employed by intermediation.
In 2013, public vocational training centers offered professional training, to unemployed
jobseekers, and people in need of professional capacities enhancement. In 2013, 9,254 people
attended 996 training courses. Of these 3,896 participants were women, or approximately
42%. 5,007 people, or approximately 54% of participants were unemployed. At the end of
2013 a total of 8,884 registered persons were certified, making up for 96% of registered
persons.
During January - February 2014, 1,100 people registered and 1,046 were certified after
attending a total of 97 courses. 520 of them were women, and 569 were unemployed.
As far as results of active labour market policies are concerned, employment promotion
programs had 90 million ALL allocated in 2013. By the end of 2013, 69 projects were
implemented involving 844 unemployed jobseekers.
71
Distribution of projects is as follows:
Based on DCM No. 47, date 16.01.2008 ““For the employment promotion program
through in work training” as amended”, 25 projects employed 436 people;
Based on DCM No. 48 date 16.01.2018 “On the employment promotion program of
unemployment jobseekers in difficulties” amended,” 9 projects employed 292 people,
Based on DCM No 873 “On professional practice program of graduate unemployed”,
31 projects employed 80 people.
Based on DCM No. 27 “The program of encouraging female employment belonging
to vulnerable groups”, 4 projects employed 36 women belonging to vulnerable
groups.
In 2013, 7,361 unemployed jobseekers benefited from unemployment assistance. At the end
of February 2014, 7,029 unemployed jobseekers benefitted from unemployment assistance.
The number of subjects operating in the field of vocational training licensed by MSWY is
approximately 380. In 2014, the state budget for employment promotion programs and their
implementation is 270 million ALL, the triple amount if compared to the budget in 2013.
Presentation of latest policy developments and reforms, adoption of an action plan;
MSWY has completed the Employment and Skills Strategy 2014-2020, which was launched
on 26 February 2014. At the same time, MSWY has also designed the respective action plan.
The strategy implies the improvement and reform of the VET system to better answers to
labour market demand.
The strategy coincides with the reform in Education and Training. It also defines measures to
determine the development of the education system, vocational training and employment
structures. Furthermore, the strategy envisages concrete measures for the inclusion of
vulnerable groups, specifically addressing women's low level employment and the high
unemployment of young people. The strategy was developed with support from IPA 2010.
The objective of the strategy is to:
Improve the quality of education and vocational training (laboratories and equipment,
curricula, teacher materials, etc).
expand the training providers and employment services in rural areas.
Increase Participants disadvantaged groups in education and vocational training
Strengthen links between learning and work and ease the transition to begin work
In 2014, MSWY in cooperation with the National Agency for Education and Training and
Qualification designed new curricula for professional courses based on market analysis.
72
A new model for the distribution of employment services has developed, and new
employment offices are now open in Tirana, Durres, Vlora, Elbasan, Kavaja and expected to
open soon also in other regions of the country. The new model increases the efficiency of
employment services in the labour market.
Consultations concerning the draft of the National Fund for Employment and Training have
begun in the context of preparations for the European Social Fund and a working group of
MSWY experts was established with the support of IPA 2010. The purpose of the Fund is to
finance education and vocational training programmes.
MSWY is reviewing employment promotion programmes to increase their efficiency in focus
groups, and facilitate procedures and increase transparency in the use of employment
promotion funds. In 2014, priority areas for employment promotion programmes include the
manufacturing industry, agriculture and food industries, tourism, information technology, and
maritime industries. These employment programmes will give priority to members of
unemployed vulnerable groups. In the reporting period, MSWY has completed the draft
employment promotion programme for unemployed jobseekers with disabilities, which is
waiting approval by Council of Ministers.
Physical capital
According to the Bank of Albania, in the 9 month period of 2013 the amount of FDI
increased 26.7% or 150 million Euros more than the same period of the previous year.
For further information on the physical capital see Chapter 15: Energy and Chapter 21:
Trans European Networks.
2.2 Sectoral and enterprise structure
SMEs' current situation
According to Doing Business World Bank 2013-2014, Albania is ranked 23rd in the world
for credit facilities. Based on data from the Bank of Albania, the ratio of private sector credit
to GDP, in December 2012, was 40.2%. The annual growth rate of the loan portfolio is about
14%. The banking sector makes for more than 95% of the financial sector and the banks are
the major fund providers in the economy. To improve the financing environment of SMEs,
in the recent years some measures have been taken in relation to the introduction of credit
guarantee schemes for SMEs.
Implementation of credit scheme for SMEs from the Italian-Albanian Programme: From
August 1st 2013 till 31 March 2014, funds have successfully been implemented under the
Programme, in the support of Albanian SMEs by financing:
3 (three) projects of Albanian SMEs through the Credit Line, covering sectors such as
Oil of Olive Production, Public Transport, Vehicles’ Services.
73
the total disbursement is EUR 868,000
Compared to the last reported period (end July 2013), the distribution of funds is deeply
increased in favour of SME-s that operate outside Tirana-Durres axis. Thus, 72% of the
portfolio is distributed outside Tirana - Durres axis, while 28% of total crediting in the
District of Tirana and the District of Durres axis.
European Fund for Southeast Europe (EFSE). EFSE has provided a loan of 20 million
EURO for the National Commercial Bank (NCB). 23.8 Million Euro of loans for about 332
clients have been granted so far providing funds to businesses in many different cities and
for different purposes such as: floating capital, inventory, and fixed investments assets. The
outstanding status for these loans is 17.9 million Euros, while they have a very satisfactory
repayment performance.
2.3 State influence on competitiveness / competition
-
Large state-owned enterprises: report on the state and recent progress in
restructuring large enterprises.
Albania is ranked by The Global Competitiveness Report 2013-2014 of the World Economic
Forum at 95th position out of 148 countries/economies with a decrease of 6 positions in the
general ranking from the previous year. It was included in the group of countries which are in
the second stage of competitiveness development (also called “efficiency-driven stage of the
economies”). Considering the three main dimensions (basic requirements, efficiency
enhancers and innovation and sophistication factors) of the Index, Albania got the highest
score in the first one, ‘basic requirements’ (4.2 points), ranked at 94th position. But in
general, Albania is ranked low in these three dimensions.
The most problematic factors for doing business identified in this report are access to
financing, tax rates, corruption, and tax regulation.
State aid and other forms of support to the enterprise sector
Strengthening SMEs technological capacities
Implementation of the Strategic Programme for Innovation and Technology Development of
SMEs 2011 - 2016, approved by the DCM No. 795 of 7.11.2007, aims to fill the existing gap
in the field of innovation by helping companies in the innovation process, improving the
technological capacity and innovation to create a system to enhance the coordination of
institutions to support the enterprises.
Albanian Investment Development Agency (AIDA) contributes and intermediates to
international technology transfer platform for companies through the EEN network database
in order to improve competitiveness. Companies develop a profile based on the network
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model where they submit an application for a specific technology or innovation in order to
meet their needs for a business process or a research or commercial application. In 2013,
AIDA assisted a company in preparing a profile to seek technology.
Competitiveness Fund
Based on DCM No. 419 of 15.05.2013 ”On the extension of the Competitiveness Fund for
the period 2013-2015”, 20 million ALL will be used per year in this programme providing
grants to business entities up to 1 million ALL, covering only 50% of the project costs.
Competitiveness Fund, which is part of public grants to SMEs, aims to develop the export
sector, improve the quality of exported products and increase their competitiveness in the
market. This fund is managed by AIDA. Until November 2013, six projects were approved
with a total of ALL 4.8 million.
Innovation Fund
Based on DCM No. 667 of 28.09.2011, the Innovation Fund was created with the budget of
ALL 40 million for the period 2011-2014. The Fund, as a cost-sharing grant, implemented by
AIDA, will help businesses in the form of subsidies to ALL 400,000 covering 30% -50% of
the accepted cost for the expert to audit their innovation and technology needs, as well to
identify and inspect the enterprises technological partners in other countries. Innovation Fund
provides support for companies that aim to identify and adopt new practices and technology.
Till November 2013, seven projects were approved with a total of 1.8 million ALL. Of these,
six projects are for expert auditor for Technology and Innovation and one project for
identification and inspection technology.
Creative Economy Fund:
Based on the DCM No. 954 of 9.05.2012 “On Establishing Creative Economy Fund”, an
amount of ALL 40 million was allocated for the period 2013-2016, aiming to increase
sustainable economic activities and job creation mainly in handicrafts sector, by addressing
these elements:
Product Development;
Marketing, and
Qualification and capacity building crafts sector.
An enterprise can receive up to ALL 500,000 for a project. The scheme covers 60% -80% of
expenses received within the above limits. This fund is expected to start during 2014.
EDIF Project
In the framework of the EDIF project, the Western Balkan Enterprise Development and
Innovation Facility (WB EDIF) was set up in 2014 aiming to provide a comprehensive
mechanism to promote innovative SMEs with growth potential in the region, facilitating
access to finance and promoting mobilisation of capital investment. The project has four
components:
Innovation Fund (ENIF) focused on innovative SMEs in their initial phase of start-up;
Expansion Fund (ENEF) focused on capital expansion of SMEs with potentials to
grow and develop;
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Guarantee Instrument (GF) in support of access to bank borrowing for local SMEs
with limited financial access;
Technical Assistance (TA) to support innovative SMEs with growth potential and
promote establishment of investment capital (venture capital).
Most of the project funding will come from the IPA Multi-Beneficiary, Multi -Beneficiary
Instrument for Pre - accession Assistance (MIPD) 2011-2013, the contribution of the
European Bank for Reconstruction and Development (EBRD), the European Investment
Bank (EIB) / European Investment Fund (EIF) and the contribution of each of the beneficiary
countries.
OECD will be the implementing institution of the component of technical assistance (TA). In
consultation with the OECD, the priorities are discussed on the regulatory environment for
SMEs and TA fields, which are considered necessary interventions and that will affect the
implementation of EDIF.
Horizontal State aid measures: such as entrepreneurship, research, etc.
For information on state aid please see Chapter 8 “Competition, part on State Aid”.
2.4 Trade integration
Albania's trade volume in 2013 reached the value of ALL 761,503 million, with an increase
of 2.7%. In 2013, the total trade volume is composed 67.6% from imports and 32.4% from
exports. During this period exports reached the value of ALL 246,359 million, with an
increase of 15.7% and imports reached the value of ALL 515,143 million, with a decrease of
2.5 %, compared with 2012. Since joining CEFTA, trade activity with its member countries
has intensified moving from around 3% of the total before 2007 to 8.7% in 2013.
Exports by commodity group for 2013
Minerals, fuels and electricity constitute 40.35% of the total of exports with an increase of
about 12.9% compared to the last year. Textiles and footwear remain a considerable sector
which occupies 28.15% of total exports with a decrease of about 3.4% compared to last year.
Construction materials and metals constitute about 14.7% of total exports with a decrease of
about 22.2%, and Food, beverages, tobacco constitute 5.9% of total exports with an slight
decrease of about 1%, compared with 2012.
Exports by destination countries for 2013
Exports of goods to EU - 28 countries reached the value of ALL 188,716 million ALL or
76.6% of total exports, with increase of 17.3% compared to last year. Imports of goods from
EU – 28 countries reached the value of ALL 330,753 million or 64.2% of total imports, with
a decrease of 1.0, compared to the previous year.
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The main destinations for exports are: Italy, Spain, Malta, Germany and Greece. A key
partner of exports is Italy with a value of ALL 114,138 million in 2013 or 58.6% of total
exports to EU countries and with an increase of 4.8% compare to the previous year, followed
by Spain with a value of ALL 24,087 million or 12.4% of total export to EU, and with an
increase of 22.3%. The export to Malta, the third place, reached the value of ALL 16,539
million or 8.5% of total exports to EU with an increase of more than 100% (331.3%)
compared to 2012.
Exports of goods to CEFTA countries reached the value of ALL 26,113 million or 10.7% of
total exports, with an increase of 4.6%, compared with same period of the previous year.
Imports of goods with the CEFTA countries reached the value of ALL 31,674 million ALL or
6.8% of total imports, with a decrease of 16.4%, compared with same period of the previous
year.
2.5 Real exchange rate
During the reporting period, the nominal effective exchange rate of ALL has appreciated on
average by 1.4% yoy. Despite euro’s appreciation against the Albanian Lek, the sharp
appreciation of ALL against the U.S. dollar and the increased share in trade with China and
Turkey16 kept the NEER index lower than the same period of the previous year. Also, the
narrowing of trade deficit within the period September 2013-February 2014 has contributed
in lowering negative pressure in the foreign exchange market. In real terms, the ALL index
appreciated on average for the period by 2.3%, driven mostly by the nominal exchange rate
performance. Given the low inflation level in euro-zone countries (Germany and Italy, even
deflation in Greece), the positive differential of domestic inflation compared to trading
partners’ inflation has also contributed to the REER appreciation.
16
During this period, the share of trade toward China and Turkey has been increased by 1.5 pp in annual term.
Meanwhile the share of trade toward Germany and Greece has been shrinkage by the same amount.
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III. ABILITY TO ASSUME THE OBLIGATIONS OF MEMBERSHIP
CHAPTER 1: FREE MOVEMENT OF GOODS
Key achievements
During the reporting period (September 2013 - April 2014), there have been developments in
the area of free movement of goods, particularly with regard to adopting ENs standards as
Albanian standards, and market surveillance legislation. Preparations for setting up the
Market Surveillance Inspectorate are advancing. Transposition of some pieces of legislation
aligning the EU acquis regarding civil arms, cultural heritage, medical devices and textile is
on track.
1.1 Horizontal Issues
1.1.1 Standardization
Adoption of European standards continued during this period, with 398 European Committee
for Standardization (CEN) standards, 202 European Committee for Electro technical
Standardization (CENELEC) standards, 464 European Telecommunications International
Standards (ETSI)
standards, 137 International Organization Standardization (ISO)
international standards and 104 International Electro technical Commission (IEC)
international standards adopted as Albanian standards.
All standards are adopted by “cover page” method.
Directory General for Standardisation (DPS) standards database and its website continued to
provide information on the status of standards, their fields, meetings and documents approved
by the Managing Board and Technical Board, technical committees and their composition,
etc. Information regarding the rights and benefits of membership in the DPS technical
committees and legislation in the field of standardisation, bulletins, catalogues of standards
and press articles is provided also at the DPS website. Three informative bulletins were
produced during this period and delivered in paper and electronic versions (with CD). They
are also available at the DPS website (http://www.dps.gov.al).
1054 Albanian standards were sold during this period, with 90% of them being European
standards (EN).
The following graph shows the current state of standards and structure by their origin:
Origin
Standards
S SH
3055
S
SH S
SH Others
EN
ISO+IEC
17724
2765
744
78
Total
24288
S SH ISO+IEC
9%
Others
3%
S SH
13%
S SH EN
73%
1.1.2 Accreditation
Developments to be reported in the area of accreditation include:
1. Peer assessment and harmonization of legislation;
2. New schemes of accreditation;
3. Increasing trained assessment capacities ;
4. Awareness about the benefits from accreditation.
The self-assessment according to the document ILAC/IAF–A3 for each of the clauses of the
ISO/IEC 17011 is under preparation. It is important for the sector to speed up the EA peer
evaluation expected by the end of 2014. DA management participated in EA –Multirateral
Agreement Council meeting in order to push forward the peer evaluation process.
The draft law on accreditation of conformity assessment bodies was revised based on
comments of Ministry of Economic Development, Trade and Entrepreneurship. The revised
draft will be sent to line ministries for comments and suggestions.
The draft accreditation strategy up to 2020, as a part of consumer protection strategy, is under
discussion with stakeholders. One of the main priorities of DA - in accordance with the
Strategic Document on consumer protection and market surveillance 2013-2020 - is to obtain
signatory status in EA for testing and certification and inspection fields.
Five conformity assessment bodies (one testing laboratory, one management system
certification body and three inspection bodies) were accredited during the reporting period.
Scope of accreditation for two conformity assessment bodies (one testing laboratory and one
inspection body) has been extended. Accreditation was renewed for one testing laboratory,
and suspended for another. One testing laboratory requested a withdrawal of accreditation.
There are 6 new applications from conformity assessment bodies (five testing laboratories
from which 2 medical labs and one management system certification body). Three bodies
have applied for ri-accreditation. 13 conformity assessment bodies (11 laboratories and 2
certification bodies) are under accreditation procedure. Three initial assessment visits and 10
surveillance visits (6 testing laboratories and 4 inspection bodies) have been performed so far.
As for accreditation in legal metrology, accreditation was renewed for one laboratory which
tests electricity meters. The testing laboratory for fuel dispensers stopped the accreditation
application. One testing laboratory of water meters has shown interest to apply for
accreditation.
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For the first time, two medical laboratories and one personnel certification body have applied
for accreditation. DA started to implement the new standard ISO/IEC 17020:2012 for
inspection bodies. During surveillance visits, DA assessed the level of implementation of this
standard by inspection bodies.
Actually, the total number of accredited conformity assessment bodies is 30: from which 16
testing laboratories, 2 certification bodies and 12 inspection bodies. All accredited
conformity assessment bodies, except for four testing laboratories, have fulfilled the DA
traceability policy. For the assessment of internal calibration, DA engaged staff from the
Directorate of Metrology, and is looking at the options for joint accreditation with the
Directorate of Metrology.
Two foreign assessors are engaged in accreditation process. One DA staff took part as
observer in the assessment of one Albanian product certification body organised by the Greek
accreditation authority.
DA technical committees are fully operational, with 3 meetings (two of inspection committee
and one of laboratory committee) aimed to obtain recommendations on accreditation.
The Advisory board for accreditation is being re-organised. Being that one representative
must be from accredited conformity assessment bodies. DA organised a meeting with
accredited conformity assessment bodies on 25 February 2014 to present the technical
eligibility requirements for the representative position.
Training of DA staff and assessors has continued with the support of IPA 2008 and the
German and Turkish governments. 5 training events with the participation of 7 persons have
been delivered.
An info session took place on 25 February 2014, where the participants were informed about
the DA objectives for 2014, changes and amendments in accreditation standards approved in
2012-2013 and training events to be organised by DA during 2014. Three 2-day training
events on ISO/IEC 17025:2005 were delivered for the staff of testing laboratories, with 60
trainees in total.
DA prepared the annual report in two languages (Albanian and English) and posted it on the
website (http://www.dpa.gov.al), updated continuously with news about training activities,
changes in DA documentation, organization of PT schemes, etc.
Accreditation benefits and news were published in three consecutive newsletters of the
Ministry of Economic Development, Trade and Entrepreneurship. It made one publication in
ILAC news. DA activities are published in daily press.
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1.1.4 Metrology
During this period, all equipment benefited from IPA 2008 and BERIS have been installed
and put in operation, except for a few apparatus of mass which will be soon transferred. The
draft law on metrology under preparation is to be sent for discussion and comments to
stakeholders by the end of first half of 2014. The draft decision on measuring instruments
was sent to the Council of Ministers for approval. All equipment of the 4 Regional Centres
and Metrological Inspection Department, which have been used for metrological inspection
and periodic verification of measurement instruments, have been calibrated. Training of all
metrologists in 4 Regional Centres together and inspectors of Metrological Inspection
Department is completed. Accreditation applications for 3 laboratories were completed.
21,752 verifications and calibrations for measuring instruments were performed or 37% more
in comparison with the first 7 month of 2013.2,900 inspections were carried out, or 60%
more than the previous period (January 2013 – September 2013). It is noted that the trend of
non-compliance is declining regarding the legal verification of measurement instruments and
pre-packaged products. Inspections were conducted also in many food-items shops that had
not been inspected by many years.
1.1.5 Market Surveillance
The Minister for Economic Development issued Instruction No 177, dated 26.12.2013 “On
the methods for risks classification and assessment of serious risk” which transposes the
relevant part of the Commission Decision 2010/15/EU of 16 December 2009 laying down
guidelines for the management of RAPEX established under article 12 of 2001/95/EC.
Standard operation procedures for market inspectors are under review and foreseen to be
adopted by late 2014.
A draft DCM “On the establishment of the Market Surveillance Inspectorate” was prepared
and circulated to line ministries for comments. Preparations are on track and the Market
Inspectorate is expected to be functional in January 2015.
1.2 Old Approach Directives
1.2.7 Textile
Preparations for the transposition of the European Parliament and Council Regulation
1007/2011/EU “On textile fibre names and related labelling and marking of the fiber
composition of textile products” are at an early stage. It is expected to be finalized by the end
of this year.
1.3 New Approach Directives
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The transitional provision of the Law no 10 489, dated 15.12.2011 “On marketing and market
surveillance of non-food products” stipulates that all technical regulations already adopted
under the old law 9779 shall become invalid one year after their coming into effect. For that
reason, MEDTE prepared and re-submitted 13 technical regulations to the Council of
Ministers, which transpose relevant new approach directives, as follow:
1. “On the approval of the technical regulation ’On pressure equipment”, which fully
approximates Albanian law with Directive 97/23/EC;
2. “On the approval of the technical regulation ‘On electromagnetic compatibility”,
which fully approximates Albanian law with Directive 2004/108 EC;
3. “On the approval of the technical regulation ’On machinery”, which approximates
Albanian law with Directive 2006/42/EC (as amended by 2009/127/EC);
4. “On the approval of the technical regulation ’On requirements of energy efficiency for
ballasts for fluorescent lighting”, which fully approximates Albanian law with
Directive 2000/55/EEC;
5. “On the approval of the technical regulation “On equipment and protective systems
intended for use in potential explosive atmospheres”, which fully approximates
Albanian law with Directive 94/9/EC;
6. “On the approval of the technical regulation ’On lifts”, which fully approximates
Albanian law with Directive 95/16/EEC;
7. “On the approval of the technical regulation ’On personal protective equipment”,
which fully approximates Albanian law with Directive 93/95/EEC;
8. “On the approval of the technical regulation “On hot-water boilers fired with liquid or
gaseous fluids”, which fully approximates Albanian law with Directive 92/42/EEC;
9. “On the approval of the technical regulation ’On gas appliances”, which fully
approximates Albanian law with Directive 2009/142/EC;
10. “On the approval of the technical regulation ‘On simple pressure vessels”, which
fully approximates Albanian law with Directive 2009/105/EC;
11. “On the approval of the technical regulation ’On electrical equipment designed for use
within certain voltage limits”, which fully approximates Albanian law with Directive
2006/95/EC;
12. “On the approval of the technical regulation ‘On noise emission in the environment
by equipment for use outdoors”, which fully approximates Albanian law with
Directive 2000/14/EC;
13. “On the approval of the technical regulation ’On measuring instruments”, which fully
approximates Albanian law with Directive 2004/22/EC.
The technical regulation ’On the approval of the technical regulation “On energy labeling of
household dishwashers”, which fully approximates Albanian law with Regulation (EU)
1059/2010, was sent to Council of Ministers for approval in December 2013.
1.3.23 Medical Devices
A draft law “On Medical Devices” was prepared by the Ministry of Health and sent to line
ministries for comments.
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The law partly transposes Directives 93/42/EEC, 98/79/EEC and 90/385/EEC. It defines the
essential technical requirements of medical devices, in vitro medical devices and implantable
medical devices, the registration of medical devices and registration of persons responsible
for putting medical devices in the market, conformity assessment procedures for medical
devices, authorization criteria for conformity assessment bodies for medical devices,
documentary requirements needed to be submitted to the competent authorities before putting
on the market and / or using of medical devices, vigilance system and market surveillance
procedures.
1.4 Free movement of cultural goods
The Ministry of Culture is drafting a law “On cultural heritage”, so as to better address the
new social, urban and economic developments as well as to approximate the Albanian
legislation with the EU acquis. It aims to fully transpose Directive 93/7/EEC, Directive
96/100 EC and Regulation 3911/92. It is expected to be adopted by June 2014. For future
plans on free movement of cultural goods please refer to Annex III.1.1
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CHAPTER 2: FREE MOVEMENTS OF WORKERS
Key achievements
17 Decisions of Council of Ministers were adopted to implement the Law “On foreigners in
the Republic of Albania”. Negotiations of social and health insurance agreements with other
countries have been completed or continued.
2.1 Access to the Labour Market
In implementation of the Law No. 108, of 28.3.2013 “On foreigners in the Republic of
Albania, 17 Decisions of Council of Ministers were adopted. Furthermore, the Order of
Minister of Social Welfare and Youth No 63 of 12.3.2014 “On approval of the format and
content of work permit and work registration certificate” was adopted.
During the reporting period 5,329 candidates were registered as potential candidates to be
employed in Italy, out of which 567 benefit from the right to access the Italian labour market.
This was based on the Memorandum of Understanding with the Italian government on the
bilateral labour migration. This Agreement and other acts regulate the flow of workers
between the two countries and facilitate the recruitment of Albanian nationals in the Italian
domestic market in the case of absence of local labour.
The Action Plan for the Implementation of the Strategy for Reintegration of Albanian
Returnees 2010-2015 is being implemented. During the reporting period several activities
were carried out, this includes preparation of documents and monitoring reports as well as
organization of meetings with the contact points of the institutions responsible for its
implementation. In September – November 2013 several trainings for the specialists of
Migration Counters were held. 80 participants from 38 Regional and Local Office of the
National Employment Service were trained.
A monitoring report on implementation of the Strategy for Reintegration of Albanian
Returnees was prepared. It covers the period from January 2013 to December 2013.
According to the Report, 25 measures were implemented, 15 were being implemented and 2
measures were not implemented.
2.2 Coordination of the social security system
Regarding the coordination of social security systems, the Albanian authorities and
representatives of DG Employment held a video-conference with EC experts on technical
issues for non- contributory cash benefits in Albania.
Current situation on social security agreements, respective negotiations and signatures looks
as follows:
The Social Security Agreement and the Administrative Agreement on social security
cooperation with the Kingdom of Belgium were signed on 9 December 2013 in
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Brussels. These Agreements were approved by the Albanian Parliament on 4 March
2014.
Negotiations with the Czech Republic on the agreement on costs of health services
continued. Further steps are envisaged in the second half of 2014.
Social Security Agreements with Luxembourg and with Romania were finalized
(respectively on 24-28 February 2014 and on 28 - 31 January 2014). Official
translation of these Agreements into Albanian has commenced. Adoption by the
Council of Ministers is envisaged in 2014.
On 7-8 October 2013 the first meeting between Canada and Albania on bilateral
cooperation in the area of social security was held in Tirana. The purpose of the
meeting was to exchange information on the structure of both countries social security
programs, particularly the public pension programs. This is in order to establish the
general parameters for a social security agreement.
On 10-13 September 2013, in Tirana, and on 27-31 January 2014, in Luxemburg, the
negotiations for establishment of the social security agreement between the Republic
of Albania and the Grand Duchy of Luxembourg were held. The draft Social Security
Agreement was almost finalised in the second round of negotiations. Negotiations
concerning the draft Administrative Agreement and remaining provisions in draft
Social Security Agreement will continue.
Regarding the health insurance, the following legal acts were approved:
Law No. 184 of 28.12.2013 "On some amendments and appendices to the Law No.
10383, dated 24.02.2011, "On compulsory healthcare insurance in the Republic of
Albania", as amended;
Decision of Council of Ministers No. 1 of 08.01.2014, "On the financing of health
hospital services from compulsory health care insurance scheme”;
Decision of Council of Ministers No. 23 of 22.01.2014 "On the representation of
Albanian Health Workers Trade Unions Federation and the Order of Physicians in the
Administrative Council of Compulsory Health Care Insurance Fund”;
Decision of Council of Ministers No.124, of 05.03.2014, "On Approval of the
Compulsory Healthcare Insurance Fund Statute in the Republic of Albania”;
Decision of Council of Ministers No. 135 of 12.03.2014, "On approval of the drugs
list reimbursed by the Compulsory Healthcare Insurance Fund and the scope of their
price coverage."
Conclusions
During the reporting period, in the framework of the Action Plan of the Strategy for
Reintegration of Albanian returnees 2010-2015, several activities were carried out. A periodic
report was issued. In implementation of the law on Foreigners in the Republic of Albania 17
DCMs were approved. New law on compulsory healthcare insurance in the Republic of
Albania was adopted and 4 DCM’s were approved.
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CHAPTER 3: RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE
SERVICES
Key achievements
The questionnaire templates for screening for implementation of the Services Directive were
revised. The new administrative structure of the Albanian Electronic and Postal
Communications Authority (AKEP) was approved.
3.1 & 2. Right of establishment and freedom to provide services
Concerning the approximation of Albanian law with the European Parliament and Council
Directive 2006/123/EC on services in the internal market (Services Directive), the
questionnaire templates for the screening process were improved, reflecting the suggestions
of the DG MARKT and recommendations of the 2013 Subcommittee on Internal Market and
Competition.
Following elaboration of a screening methodology and plan approved by DCM and Order,
the screening team adopted a detailed screening plan for the sectorial legislation and tailormade training was delivered, focusing on these sectors: (i) gambling; (ii) authorisation
schemes and registration; (iii) regulated professions; (iv) education; (v) transport; (vi)
taxation and social policy; (vii) travel agents and (viii) health care.
Two pilot screenings (excluded sector/mining and included sector/vet surgery)are being
implemented to test the methodology and other screening tools and scheduled to be finalised
in April 2014.
The case law manuals for the sectors to be screened were prepared. These manuals will be
used for the application of proportionality test that will be carried out by line ministries as
they screen the Albanian legislation as to their compatibility with the Services Directive and
Articles 49 and 56 TFEU. The manuals prepared cover: (i) gambling, (ii) pharmacies and (iii)
taxation.
A provision-by-provision Table of Concordance forthe Services Directive with the relevant
Albanian acts (i.e. Law No 10171 of 22.10. 2009 “On regulated professions in Republic of
Albania”, Law No 10081 of 23.02.2009 “On licenses, authorizations and permits in the
Republic of Albania” and Law No 9723 of 03.05.2007“On the national registration centre”)
was prepared. This screening concluded that authorisation schemes are partially harmonised
with the Services Directive. This analysis is serving as a basis for a draft law transposing the
Services Directive.
Two processes are being carried out in parallel: (i) transposition of the Services Directive, (ii)
screening of the sectorial legislation in the area of right of establishment and free movement
of services to which the Directive in question does not apply. The first draft of the law “on
free movement of services”is planned to be finalised in September 2014.
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3.3 Postal service
The draft law on postal services is being prepared. It aims to approximate the Albanian law
with the European Parliament and Council Directive 2008/6/ECof 20 February 2008
amending Directive 97/67/ECwith regard to the full accomplishment of the internal market of
Community postal services.
As reported in the second input in September 2013, DCM No 711 of 21.08.2013 tariffs and
weights for services reserved to the public postal operator” implemented the first phase of the
liberalisation of postal services as laid down by DCM No 625 of 24.07.2013 “On approval of
the Development Policy Document on Postal Service in the Republic of Albania”. The
reserved area will be removed completely in 2014.
AKEP’s new administrative structure was adopted by the Parliament through its Decision No
11 of 20.02.2014 “On the approval of the Structure, Organisational Set-up and Categorisation
of Work Positions of the Electronic and Postal Communications Authority (AKEP)”.
The organisational set-up and categorisation of work positions of AKEP were provided to EC
services as part of the reporting to the fifth meeting of the Stabilisation and Association
Committee held on 18.03.2014 in Tirana.
3.4 Mutual recognition of professional qualifications
During the reporting period, the professional practices were being conducted for new teachers
(pursuant to Law No 69/2012, dated 21.06.2012 “On pre-university education system in the
Republic of Albania”, Instruction No 11, dated 17.05.2013 “On the functioning of the system
of continuous professional development of education employees”, Law No 171, dated
22.10.2009, “On regulated professions in the Republic of Albania”, as amended).
855 students,who completed “Professional Masters” and “Master of Sciences” in teaching,
are conducting professional practices at high schools and at 9-year basic schools.
The State Exams for Teaching continue to be computer based and in line with international
standards. The National Exams Agency (NEA) - through the Directorate of State Exams - is
the national body responsible for organising the State Exams. State Exams for the profession
of Teacher were underway during the reporting period. In December session, 237 candidates
sat at the test and 47% of them gained the right to teach.
During November-December 2013, State Exams took place for the following regulated
professions: Laboratory Technician, Midwife, Logopedist, Imagery, General Nursery,
Dentist, Physiotherapist, Pharmacy as well as General Practitioner. 2049 candidates sat in the
two sessions for all regulated professions, with only 820 candidates (40%) gaining the right
to exercise the respective professions.
Bylaws to Law No 69, dated 29.06.2012 concerning infrastructure in the pre-university
system have been drafted.
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The National Agency of Exams (NAE), established in 2010 through a Council of Ministers
Decree, is responsible for grading students through the national examinations. In addition,
NAE organizes state examinations for 10 regulated professions, in accordance with Law No
10171, dated 22.10.2009, "On regulated professions in the Republic of Albania”, as amended.
A professional is awarded the right to exercise his/her profession, only after he/she passes the
state exam.
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CHAPTER 4: FREE MOVEMENT OF CAPITAL
Key achievements
During the reporting period, in the field of payment systems and money laundering
prevention and terrorism financing several legal acts were approved. A new draft policy
document “On the Oversight payment and settlement systems” has been approved. The Law
No. 157 dated 10.10.2013 “On measures against terrorist financing” was approved.
4.1 Regime of capital movements and current payments
Addressing the European Commission recommendation, made during the meeting of
Subcommittee on Economic and Financial Issues and Statistics on 24.10.2013,17 the Bank of
Albania (hereinafter BoA) in the second quarter of 2014, will establish a new 18 working
group which will have as a primary objective the assessment of the most appropriate legal
way the Directive 2007/64/EC should be approximated with in the Albanian legislation. Once
the working group is established, BoA will provide the committee updated information on the
concrete agenda as well as the respective deadlines.
Aiming to align its oversight function with ECB standards, BoA during the reported period,
has drafted a policy document” On the Oversight payment and settlement systems”. The
policy document by Decision No. 32, dated 30.04.2014, was approved by the Supervisory
Council (SC) of the Bank of Albania. This policy document aims to implement in the
Albanian payments systems market “Eurosystem Oversight Policy Framework”, July 2011.
The policy documents enrich the oversight function with tools and methods generated by the
provisions the Law 133/2013, dated 29.04.2013 “On Payment System”.
4.2 Payment system
During 2013 and the first months of 2014 (January-February), interbank transactions in the
national currency were cleared and settled with efficiency and security conform to the rules
and procedures of both systems operated and administered by the Bank of Albania: Albanian
Interbank Payment System – AIPS for settlement of large-value payments and the Albanian
Electronic Clearing House– AECH for clearing small-value payments. Both AIPS and AECH
are operated in line with the envisaged schedule for settling and clearing payments, without
any significant deviation from it. In the absence of extraordinary situations, the core basic
infrastructure of national payments in ALL reflected stability. At end-2011, all banks and
branches of foreign banks operating in the Republic of Albania were direct participants in the
payment systems.
17
Albania will advance in the implementation of the Law on Payment Systems keeping in mind the need to progressively set
up a legal framework which incorporates all obligations under Directives 2007/64/EC and 2009/110/EC.
18 A first working group, established on 27.11.2011, and set up to review the legal and/or sublegal framework governing
payment services and electronic money issuing institutions in Albania concluded on some proposals for revisions to the
Albanian legal and regulatory framework.
89
Statistics from the Albanian Interbank Payment System (AIPS) in 2013 reflecting an increase
of the activity in the system in terms of both volume (12%) and value (2%) in annual bases.
From a long term perspective, liquidity in circulation AIPS upward trend has continued
during 2013, touching the highest levels of the number and value of transactions processed
since the creation of the system. The increasing trend of the transactions processed in AIPS,
in number and in value, is extended also in the first two months of 2014 in comparison with
the same period of 2013 (11.807 in number and 736 billion in value). Part of the increase in
transaction processed in AIPS seems to reflect measure taken by the Bank of Albania.
Table 1: AIPS system
AIPS
Number of transactions
Value of transaction ( ALL billion)
Average value/transaction (ALL million)
2011
2012
2010
2013 201419
80,356
75,269
77,090
86,365 13,047
4,436.66 4,085.06 6,743.43 6,871.61 1,230
55.21
54.27
87.47
79.56 94.27
Source: Bank of Albania
During 2013 intraday loan (ILF) increased by 178% y-o-y in value and 2% y-o-y in number.
Even though the use of this liquidity instruments, in absolute terms, has been increased
during this period the ratio of total transactions of AIPS covered by ILF has decline reflecting
the liquidity condition of the banking system.
AIPS
2010
2011
2012
2013 201420
278
200
270
264
80
74.99 84.39 90.80 252.53 112.5
269.75 421.95 336.30 956.55 1,406
Number of ILF
Value of ILF (ALL billion)
Average value/transaction (ALL million)
With reference to the Automated Electronic Clearing House – AECH21, which clears
payments under 1.5 million, throughout 2013, is reflecting an annual increase of 0.54% in
terms of volume and 8.62% in terms of value.
Table 2: AECH system
Number of transactions
Value of transactions (billion ALL)
2010
2011
2012
2013
201422
332,777 388,208 361,552
363,507 54,525
43.98
64.10
66.99 72,767.50 10,977
19
January- February, latest available data.
January- February, latest available data.
21 The AECH system processes and clears customer orders with a value of less than ALL 1.5 million.
22 January- February, latest available data.
20
90
Average
ALL)
value/transaction
(million
0.13
0.17
0.19
0.20
0.20
Source: Bank of Albania
Main contribution on the growth of transactions cleared in AECH seems to be generated by
the transactions initiated by commercial banks on behalf of their clients. In details,
transactions initiated by commercial banks (which take the weight of an average 23 % of the
total) have increased respectively by 40%. The above mentioned development, which is
notable also in AIPS, is estimated to reflect the transmission of measures taken by the Bank
of Albanian in the context of promoting the use of payment systems23. Concerning payment
instruments, during 201324 is noticed a slow but consistent increase of electronic payments in
comparison with the paper based on.
Graph 1.
The number of transaction per type of instruments (on the right) home banking
transactions and accounts used for home banking (on the left).
Source: Reports by banks according to the “Methodology for reporting on payment instruments".
In more details, during 2013 home banking transactions has shown an increase by 37 % in
annual bases, which is accompanied also by an significant increase of 107% y-o-y, on the
number of account accessed in distance. Nonetheless the utilisation of an account in average,
terms seems, shows a decreasing trend.
An increasing trend is noticed also in the use of payment cards. From the infrastructure
perspective until December 2013, only 14 out of 16 banks operating in the Republic of
Albania, issue payment cards (unchanged from end of 2012). Of these, only 7 banks offer
POS infrastructure. In this context, the number of ATMs and POSs terminals, at the end of
December 2013, increased respectively by 0.12% and 7% in annual bases.
In March 2011, the Bank of Albania made a number of amendments to the Regulation no.53, date 15.10.2007 “On the
functioning of the Albanian Interbank Payment System (AIPS) for large-value payments and Regulation no. 55, date
15.10.2007 “On the functioning of the Albanian Electronic Clearing House (AECH) for small-value payments “to promote
the use of payment services provided by the banking system and reduction of cash in the Albanian economy.
24 Due to the methodology used by BoA on statistics of payment instrument (quarterly data) the latest available dataDecember 2013.
23
91
Graph 2.
The number of ATMs and POSs (on the right) and the number of Debit and
Credit cards (on the left).
Source: Reports by banks according to the “Methodology for reporting on payment instruments".
During 2013, there has been an increase of 5% in the number of cards in circulation
compared in annual bases reflected in an increase of credit cards and debit cards respectively
by 31% and 3%.
Graph 1.
The share of ATM cash withdrawals and POSs payments percentage of total
transactions by card (in number).
Source: Reports by banks according to the “Methodology for reporting on payment instruments".
92
On the other hand, analyzing the use of cards per type of transaction, although identify a
dominance of card use for cash withdrawal; highlight also an increasing pace of card
payments through POSs.
4.3 Money laundering prevention
As regards the main developments during the reporting period in the field of money
laundering prevention and terrorism financing, the following legal acts were approved:
Law No. 157 dated 10.10.2013 “On measures against terrorist financing” was
approved. It aims to improve the freezing mechanisms for the funds and assets of
those individuals suspected of financing terrorism.
Decisions of the Council of Ministers (DCM) No. 966 dated 25.10.2013 and No. 14
dated 15.01.2014 and No. 37 dated 29.01.2014 ”On some amendments and addenda
to the DCM No. 718, dated 29 October 2004 “On the list of persons declared as
sponsors of terrorism”, as amended, with a view to implementing the decisions of the
United Nations Security Council;
Guideline of the Ministry of Finance No. 1 Dated 16.01.2014 “On establishing the
rules and procedures for allowable expenses on the funds and other seized assets of
designated persons.
In terms of international cooperation, the General Directorate for the Prevention of Money
Laundering (GDPML) has paid special attention to information exchange with counterpart
structures in other countries in terms of increasing the speed of information processing and
responding.
A total of 377 suspicious activities (SARs) were reported during the period 01.09.2013 –
31.03.2014, from these, 243 were reported by banks, 54 by the money remitter companies, 5
by the bureaux de change, etc.
As regards detailed statistics on SARs, freezing/blocking orders, trainings, cases
disseminated by the GDPML and the cooperation with the law enforcement agencies are
reported in Chapter 24 “Justice, Freedom and Security”.
Conclusions
The legislative framework in the field of money laundering has been further improved
through the approximation of the Albanian legislation with the FATF International Standards
and the resolutions of the Security Council of the United Nations aiming to improve the
freezing mechanisms for the funds and assets of those individuals designated as terrorism
financing.
93
CHAPTER 5: PUBLIC PROCUREMENT
Key achievements
Several legal acts were adopted in implementation of the Public Procurement Law and of the
Law on Concessions and Public Private Partnership. The revisions of legislation focused on
improving the professionalism of contracting authorities.
In implementation of the Law No 125/2013 “On concessions and Public Private Partnership”,
and relevant by-laws, a Decision of Council of Ministers No. 130 was adopted on 12.03.2014
“On the electronic conduct of competitive procedures for the award of concessions/public
private partnership”. The decision redefines the obligation to conduct electronically the first
phase (publication of documents and offers’ submission) of concession and also public
private partnership procedures, abrogating previous legal and sub-legal acts on concessions.
During September 2013 – April 2014 the following guidelines were adopted by the Public
Procurement Agency (PPA):
Guideline No 6 of 03.09.2013 “On conducting the procurement procedures for social care
services”, aiming to assist all the contracting authorities procuring social care services.
Guideline No 1 of 28.02.2014 “On some addenda and amendments to the Guideline No 2
of 28.03.2013, “On small value procurement procedures”, as amended. The guideline
defines the way to be followed by economic operators, in cases of their impossibility to
realize the procurement object, and the consequences when such way is not respected.
Guideline No 2 of 03.04.2014 “On some addenda and amendments to the PPA Guideline
No 3 of 01.06.2010”.
Guideline No 3 of 03.04.2014 “On an addendum to the PPA Guideline No 4 of
04.07.2013 “On the conduction of small value procurements in the electronic
procurement system for the contracting authorities and economic operators”.
Related to the monitoring competences, as is foreseen in the Law No 9643 of 20.11.2006,
“On public procurement”, as amended, a Monitoring Plan was prepared in October 2013, for
negotiation procedures without publication. The monitoring process recognizes the
contracting authorities’ shortages, respects the legal and sub-legal requirements when
conducting the procedures, and provides a respective interpretation for correct
implementation of legislation. In the framework of the monitoring process, the PPA requested
information for 55 procurement procedures, carried out by 16 contracting authorities.
With regard to the preparation of a national strategy for the development of public
procurement system, the Public Procurement Agency, in cooperation with SIGMA, finalized
in April 2014 an indicative working plan, which sets out the activities aimed at preparation of
the strategy.
In order to improve the professionalism of contracting authorities PPA undertook several
training activities, as follows:
94
On 18-19 February 2014, in collaboration with SIGMA, 2 training sessions on
framework agreements were organized with representatives of PPA, Public
Procurement Commission, Supreme State Audit, and Line Ministries, in the role of
contracting authorities. The number of participants in these activities was 51
employees;
On 1-2 April 2014, in collaboration with the Albanian School of Public
Administration (ASPA), 2 days training on public procurement issues was organized
with new procurement staff of contracting authorities.
Table below contains statistical information of the PPA on the published procurement
procedures, according to their type, limit funds.25
Total number of published
procedures
Total limit fund of published
procedures
Consultancy service and design
contest (no.)
Consultancy service and design
contest (value)
Negotiated procedure with prior
publication of the contract
notice - international (no.)
Negotiated procedure with prior
publication of the contract
notice - international (value)
Negotiated procedure with prior
publication of the contract
notice - local (no.)
Negotiated procedure with prior
publication of the contract
notice - local (value)
Open procedure - international
(no.)
Open procedure - international
(value)
Open procedure - local (no.)
Open procedure - local (value)
Request for proposal (no.)
Request for proposal (value)
Restricted procedure - local
(no.)
25
September - December 2013
859
January - February 2014
1269
7.639.245.250
6.148.937.440
19
1
194.710.309
17.500.000
2
1.807.027.510
153
2.942.367.790
374
794.012.730
1
All values are shown in Albanian Lek (ALL).
95
120
2.548.503.483
426
882.236.801
Restricted procedure - local
(value)
Negotiated procedure without
prior publication of the contract
notice (no.)26
Negotiated procedure without
prior publication of the contract
notice (value)
1.660.000
312
720
3.706.494.421
893.669.646
The high number of negotiations without publication procedures, for the period January –
February 2014, is due to the additional contracts for goods, services or works (up to 20% of
the initial contract’s value), provided by the public procurement legislation, as a tool to cover
the needs of contracting authorities at the beginning of the new year (till their concerned
competition procedures are finished).
During the reporting period a total of 313 was received by the Public Procurement
Commision; the statics are provided in the table below.
YEAR 2013
Month
Accepted (+)
Refused (-)
In process
Total
September
17
16
0
33
37.5%
October
9
15
0
24
27.3%
November
4
8
0
12
13.6%
December
3
16
0
19
21.6%
Total
33
55
0
88
37.5%
62.5%
0.0%
Month
Accepted (+)
Refused (-)
In process
Total
January
3
10
0
13
5.8%
February
34
36
0
70
31.1%
March
30
41
29
100
44.4%
10 April
0
4
38
42
18.7%
YEAR 2014
26
The data (number and value) given for negotiated procedures without publication of the contract notice are
referred to the contracts signed for such procedures.
96
Total
67
91
29.8%
40.4%
67
225
29.8%
Source: Public Procurement Commission
Classification of complaints in relation with the procedures
Complaints
Public Procurement
Auction
Concession
Mining Permissions
313
100%
306
97.8%
4
1.3%
2
0.6%
1
0.3%
Source: Public Procurement Commission
Classifications of decisions to contracting authorities
Decisions in total
Authorisation of the continuation of procedure
Cancellation of the procedure
Revaluation of the procedure
Modification of criteria
No.246
100%
134
54.5%
72
29.3%
22
8.9%
18
7.3%
Source: Public Procurement Commission
Summary of decisions on economic operators’ complaints
No.
%
249
100%
100
40.2%
3
1.2%
146
58.6%
Decisions in total
Decisions in favour of the complainant
Unaccepted complaints (due to failing to meet formal
requirements)
Decisions against the complainant (failure of the
economic operator to legally justify them)
97
Conclusion
As regards the legal developments, in March 2014 a DCM “On the electronic conduct of
competitive procedures for the award of concessions/public private partnership was adopted.
A Monitoring Plan was prepared in October 2013 for negotiation procedures without
publication. The PPA requested information for 55 procurement procedures carried out by
16 contracting authorities. An indicative working plan for the preparation of a national
strategy on the development of public procurement system was finalized by PPA in
cooperation with SIGMA. In the period September 2013 – April 2014 the Public Procurement
Commision received 313 complaints.
98
CHAPTER 6: COMPANY LAW
Key Achievements
The draft amendments to Law No 9901 of 14.04.2008 “On entrepreneurs and companies” are
being prepared. Draft amendments to National Accounting Standards are going to be
approved in 2014. The amendments done in 2013 to the International Accounting and
Financial Reporting Standards and translated into Albanian entered into force on 1.01.2014.
6.1. Company law
The draft Law on some amendments to Law No 9901 of 14.04.2008 “On entrepreneurs and
companies” is prepared in order to fully approximate Albanian law with the following legal
acts:
Directive 2009/109/EC of the European Parliament and of the Council of 16
September 2009 amending Council Directives 77/91/EEC, 78/855/EEC and
82/891/EEC,
Directive 2005/56/EC as regards reporting and documentation requirements in the
case of mergers and divisions,
Directive 2009/101/EC of the European Parliament and of the Council of 16
September 2009 on coordination of safeguards which, for the protection of the
interests of members and third parties, are required by Member States of companies
within the meaning of the second paragraph of Article 48 of the Treaty, with a view to
making such safeguards equivalent.
The amendments approximate Albanian rules on reporting, documentation and disclosure
requirements in the case of mergers and divisions, validity of obligations and grounds of
invalidity, and protection of the interests of members and third parties. The draft Law
wassubmitted for endorsement to the Council of Ministers.
Concerning the implementation of the Corporate Governance Code, the Ministry of
Economy, Trade and Energy distributed256 questionnaires to business entities in 2013.
However, a consolidated report was not prepared due to poor response from the business
community. Therefore, the Ministry of Economic Development, Trade and Entrepreneurship
will organise a series of meetings in May-June 2014 in order to raise awareness on the Code
and its implementation.
Two CSPs are accredited, a public one, the National Agency for Information Society (NAIS),
and a private CSP, Aleat Ltd. NAIS is issuing qualified certificates to public administration
employees, whereas Aleat Ltd. is in the testing phase and is expected to issue qualified
certificates to citizens from June 2014.
6.2. Accounting and Auditing
Draft amendments to the National Accounting Standards (NAS 1 to NAS 14) reflecting the
suggestions of the CFREP Project (REPARIS Program) run by the World Bank - were
99
prepared and endorsed by NAC in October 2013. The amendments werepublished at the
NAC official webpage (http://www.kkk.gov.al) for comments. NACA welcomes the
comments of business entities till 15.06.2014. NAC will submit NASs amendments to the
Minister of Finance for approval in 2014. The amendments will enter into force in 2015.
NAC prepareda table of concordance for the improved NASs, reflecting Directive
2013/34/EU of the European Parliament and the Council of 26 June 2013 on the annual
financial statements, consolidated financial statements and related reports of certain types of
undertakings (amending Directive 2006/43/EC of the European Parliament and of the
Council and repealing Council Directives 78/660/EEC and 83/349/EEC). The aim of this
exercise is to identify amendments needed to be introduced into the Albanian accounting
standards.The results of the concordance table will be discussed in the meetings/ roundtables
of the National Accounting Council with stakeholders.
NACA is preparing the amendments to Law No 9228 of 29.04.2004 “On Accounting and
Financial Statements”, as amended. The draft amendments will be prepared by September
2014. The amendments will be discussed with all relevant stakeholders before the draft law is
submitted to the Minister of Finance.
The International Accounting and Financial Reporting Standards, all updates made by the
Board of the International Accounting Standards in London until December 2013, are
translated into Albanian (the latest one translated in March 2014).
Concerning these Standards, the Order of the Minister of Finance No 86 of 18.12.2013 “On
the proclamation of amendments to the International Accounting and Financial Reporting
Standards, translated in Albanian” was issued. The amendments entered into force on
1.01.2014.
All updates are published at the official website of the Ministry of Finance and National
Accounting Council, as well.
100
CHAPTER 7: INTELLECTUAL PROPERTY LAW
Key achievements
In order to address commitments deriving from Article 73 of the SAA, a working group with
the aim to review the draft law "On copyright and related rights" was established.
Amendments to Law9947, date 07.07.2008, "On industrial property rights” and Law No
8488, date 13.05.1999, “On the protection of topographies and integrated circuits” await
endorsement from the Council of Ministers.
7.1 Status of Law Harmonization
7.1.1 Copyright and related rights
A working group established to facilitate the endorsement of draft law “On copyright and
related rights”. The draft law, based on a draft prepared in 2011, was sent to line institutions
and other stakeholders for comments. This draft proposal is scheduled for approval by the
Council of Ministers in June 2014. The draft law approximates Albanian legislation with EU
acquis listed in Annex III.7.1.
In order to address commitments deriving from Article 73 of the SAA during the period
September 2013 – April 2014, the General Directorate of Patents and Trademarks (GDPT)has
drafted amendments to Law9947,date07.07.2008,"On industrial property rights". The aim of
the new legislation is to fully approximate the Albanian law with the following pieces of EU
legislation:
- Directive98/44/EC on the legal protection of biotechnological inventions,
- Directive98/71/EC on legal protection of industrial designs,
- Directive 2008/95/EC on the approximation of the laws of member countries for trade
and service marks,
- Directive2004/48/EC on the protection of Industrial Property Rights.
Apart from alignment with EU legislation, these amendments take into consideration
requirements of the European Patent Convention and needs identified during the
implementation of the current law. GDPT reflected comments from different institutions and
stakeholders, including the Ministry of Justice and the Ministry of European Integration.
Amendments to the law on industrial property rights are awaiting approval of the Council of
Ministers. In these efforts GDPT was assisted by the IPA Project 2009 “Development of the
IPR system in Albania."
Amendments to Law No 8488, date 13.05.1999, “On the protection of topographies and
integrated circuits” were made to approximate the Albanian legislation with Council
Directive 87/54/EEC of 16.12.1986 on the legal protection of topographies of semiconductor
products. Comments from the Ministry of Justice were reflected in the amendments.
Amendments are awaiting approval of the Council of Ministers.
101
7.2 Enforcement of intellectual and industrial property rights
As far as the implementation of the National Strategy on Intellectual Property Rights 2010 –
2015 is concerned, responsible institutions prepared progress reports in December 2013. The
consolidated annual progress report was finalized in January 2014by GDPT(acting as
technical secretariat of the monitoring group). The progress report was discussed in the
meeting of the Inter-institutional Monitoring Group for the implementation of the National
Strategy, atMEDTE on 19.02.2014. The European Commission was also sent the minutes of
the meeting. Some of the key issues that were discussed in the meeting included the
endorsement of the law on copyright, the law concerning the Market Inspectorate,revision of
the Penal Code and the Penal Procedure Code, training of law enforcement authorities, IP
curricula in high schools and universities.
In the framework of enforcement of intellectual and industrial property and concerning the
registration, certification inspection and other related administrative measures for the
reporting period the Albanian Copyright Office (ACO) has carried out the following
activities:
registered and certified 48 subjects;
monitored subjects which exercise artistic, literature and scientific activities;
inspected 198 subjects;
placed fines on five publishing houses.
During the reporting period, ACO was involved in 23 administrative proceedings. 9 requests
for mediation consultations were presented to ACO. The Sector of Monitoring and
Administration of Complains has represented ACO in 10 court proceedings.
In 2013 GDPT processed the following IPR registrations:
376 Albanian applications;
399 applications for national registration;
2,507 applications stemming from the Madrid Agreement and Protocol;
348 applications for patents.
As far as the enforcement of IPR is concerned, data can be reported as follows.
Administrative proceedings: 14 requests have been submitted to the Board of Appeal of the
GDPT (BoA of GDPT) during September 2013-April 2014:
•Ten requests opposed the registration of a national mark;
•Four requests opposed the registration of an international trademark.
During September 2013-April 2014 ten appeals against decisions of the BoA of GDPT were
brought to the Tirana District Court:
Six requests appealing BoA of GDPT decisions for registration of trademarks;
Four requests for the invalidation of a registered trademark.
During the reporting period, the Tirana District Court rendered decisions on two cases
dealing with IPR protection. At present, GDPT is summoned as defendant in nine court
proceedings and is acting as a third party in another five cases at the Tirana District Court.
102
7.3 Institutional Framework
On 28.03.2014 the Ministry of Culture (MoC) drafted a new institutional structure for ACO,
within the 2014 budget limits. The new structure plans for five more inspectors, and the
establishment of properly equipped regional copyright offices in every prefecture.
Furthermore, the proposed administrative reform requires an increase in the number of staff
with a legal background.
During the reporting period, ACO has collaborated with the Ministry of Education and the
Institute of Education Development (IED) to introduce in school curricula the concepts of
copyright and intellectual property rights. At present, IED is reviewing the abovementioned
curriculum.
7.3.1 Institutional capacities increase
The number of GDPT staff is 15 employees. A new personnel chart was proposed to MEDTE
for an increase of GDPT staff from 15 to 24 employees, to fully implement and comply with
objectives stated in the National Strategy 2010-2015.
GDPT improved its IT infrastructure through a software update to render public IP
registration procedures digital.
In the framework of the bilateral cooperation between GDPT and the European Patent Office
(EPO), a new official website for GDPT (www.gdpt.gov.al) was set up. The website offers a
search option into IP data of GDPT. In September 2013, GDPT, in collaboration with WIPO,
installed two WIPO modules, IPAS EDMS and WIPO Scan. The latter are used for
digitization of archives and the creation of an e-dossier. In October 2013, GDPT started
scanning the GDPT patent archive.
During the reporting period, the following trainings, seminars and other meetings were
undertaken:
Two GDPT and four ACO staff participated in the TAIEX training on “Copyright
protection for the countries of the region” on 15-16 September 2013;
Four representatives from GDPT, ACO, MoC and the National Agency of
Information participated at the RESPA training on “IPR implementation: challenges
in civil, administrative and penal fields” on 5-7 February 2014.
In the framework of inter-institutional cooperation and capacity enhancement of enforcement
agencies, during the reporting period GDPT cooperated with theGeneral Directorate of
Customs, the Economic Crime Police Unit, the Ministry of Education, the Ministry of Justice,
the Ministry of European Integration, ACO, the Polytechnic University, and the Competition
Authority.
GDPT signed memoranda of cooperation with the National Registration Centre and the
National Licensing Centre.
103
During the reporting period, GDPT has continuously attended meetings with IPR
stakeholders, such as the American Chamber of Commerce and Albanian businesses.
7.4 Promotional and awareness raising activities
During September 2013 – April 2014, the following promotional and awareness raising
activities were organized:
GDPT appeared in the “Market products: originals or fakes” themed television
programme on Top Channel on 12 March 2014;
The GDPT Director General appeared in the “Role of GDPT in the system of IPR
protection” themed television programme on Agon Channel, on 11 April 2014.
Conclusion
Progress has been made in the legislative framework in relation to copyright and industrial
property rights. GDPT and ACO have devised reforms to strengthen their institutional and
administrative capacities and achieve better national IPR implementation. The public
administration continues to collaborate with public and private stakeholders to raise IPR
awareness.
104
CHAPTER 8: COMPETITION POLICY
Key achievements
Albanian legislation was further approximated with EU acquis. The Albanian Competition
Authority (ACA) conducted investigation procedures in a number of sectors and markets of
the economy. Furthermore, a new structure of the State Aid Commission was approved.
8.1. Competition
In implementation of Article 70 and 71 of the SAA, aiming further approximation of
Albanian law with EU acquis, Decision of Competition Commission No. 295, of 14.11.2013,
“On the assessment of horizontal agreements” was approved. It approximates Albanian law
with the European Commission Guidelines on the applicability of Article 101 of the Treaty
on the Functioning of the European Union to horizontal co-operation agreements”. The
purpose of new legislation is to define the criteria upon which the assessment of agreements
is conducted; the way the relevant market is determined, assessment if agreements are
prohibited or not, possible restrictions and/or efficiencies such agreements may bring.
During the reporting period the Competition Commission adopted 19 decisions.
Procedural and administrative procedures
(the opening of preliminary and in-depth
investigations, extension of the deadlines)
Decisions on concentrations
Decisions on the approval of legal acts
Decisions on recommendations
Decisions on assessment of the complaints
Decision of assessment of agreements
10 decisions;
3 decisions
1 decision;
2 decisions;
2 decisions;
1 decision
The Albanian Competition Authority conducted several investigations. The priority was
given to areas of particular sensitivity for consumers: insurance, fuel and tobacco markets.
Competition Commission has also issued the recommendations in the civil aviation market
and the mobile telephony market. 3 decisions on the authorization of concentrations were
approved.
For more information on decisions of the Competition Commission please see Annex III.8.1.
During the reporting period the number of antitrust complaints has increased significantly. In
total, 18 complaints were lodged with the ACA. They led to opening of the investigation
procedures in, inter alia, the mobile telephony market, insurance market, public procurement
market for private security services in Dibra district.
Regarding the enhancement of administrative capacities, the Albanian Competition Authority
carried out the following activities:
The Albanian Competition Authority was involved in the work and activities of ICN.
105
Delegates from the Albanian Competition Authority participated in workshops
organized by OECD.
On 4.03. 2014 the Albanian Competition Authority organized the International
Competition Conference "Competition and Economic Growth". One of the aims of
this event was to celebrate the 10th Anniversary of the Albanian Competition
Authority.
During October-November 2013 ACA staff participated in a training on the
econometric analyses organized by the Faculty of Economy of Tirana University.
A TAIEX workshop was organized in March 2014 on “Detecting cartels without
direct evidences, econometric analyses”.
8.2. State Aid
On the basis of DCM No 55 of 5.2.2014 a new structure of the State Aid Commission was
approved. It addresses EU recommendation on the operational independence of the SAC and
of the MoETE State Aid Unit. According to the new legislation one of the members of the
State Aid Commission needs to have an academic background with experience and
knowledge in the field of economics and competition. The rationale behind this requirement
is to increase the quality of decision-making.
The State Aid Controlling Sector (SACS) scrutinized two new state aid schemes. The State
Aid Commission has considered the compatibility of evaluation reports with state aid rules,
and has accordingly decided that two notified measures: (State aid measure under the
“Creative Economy Fund (handicrafts)” and State aid measure “Employment incentives for
disabled workers”;) used State aid according to the state aid legislation. In a third case (State
guarantee for capital borrowings by KESH sha), SACS decided that the measure does not
involve state aid.
As regards the institutional capacity / administrative and advocacy, state authorities at central
and local levels are obliged to notify all their State Aid schemes to SACS,when assessing a
State Aid element on their official documents including legislation, projects or drafting
strategies. In order to increase awareness of State Aid providers on the procedures for
notification of State Aid, during December 2013, SACS investigated all ministries and some
of the main municipalities in Albania, that have the competence as potential State Aid
providers. It stressed the importance of implementation of State Aid legislation and reminded
the institutions of the responsability to act according to State Aid legislation. SACS also
required the Institutions to provide the name of a civil servant assigned responsible for State
Aid notifications. Actually SACS is monitoring the database of existing information and will
increase the efforts in the future to strengthen the cooperation among state authorities.
The awareness of State Aid providers at a local level remains a priority. SACS, with the
support from foreign experts from EU member states, is making efforts to implement the
best practices in the field of State Aid legislation and to organize seminars to educate all
State Aid grantors in many municipalities in the country
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Conclusion
The Albanian Competition Authority (ACA) has conducted investigation procedures in three
sectors of the economy, specifically: in the insurance market, fuel and tobacco market.
During the reporting period, the 19 decisions are issued by the Competition Commission and
18 complaints are filed with the ACA. On State Aid, the new structure of State Aid
Commission is approved. Based on state aid legislation the State Aid Controlling Sector has
scrutinized two new state aid schemes. The awareness of State Aid providers in local level
remains a high priority.
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CHAPTER 9: FINANCIAL SERVICES
Key achievements
In the banking sector the new regulations on banking supervision have been approved by the
Supervisory Council of Bank of Albania. In the field of non-banking sector amendments to
AFSA law were approved by the Council of Ministers in March 2014. Amendments to Law
"On compulsory insurance in the transport sector" and Law "On the voluntary pension
funds", have been drafted.
9.1. Banking
In accordance to Article 89 “Banking, insurance and other financial services” of the SAA,
according to the EU Delegation request of the Sub-committee on Internal Market and
Competition held in 26 of April 201327, Bank of Albania (herein after BoA), aiming its
further alignment with the acquis, Basel Committee standards and best practices in the field
of the banking supervision, continues to consolidate its work by revising the regulatory and
supervisory framework. During the reporting period a number of new regulations on banking
supervision have been approved by the Supervisory Council (SC) of the BoA.
Details information on Basel II implementation project
Regarding the Pillar 1, the new capital requirements are approved and COREP tables are
ready for approval. With the new Pillar 1 requirements and the COREP in place, a “parallel
running”28 will be required by banks, starting at the second quarter 2014 and lasting until the
end of 2014. This will also serve as a time for clarification and resolution of any potential
problem or concern that might be encountered during this phase.
According to the BoA, the work for implementation of Pillar 2 has already started and is
expected to last throughout the entire 2014 and 2015.
With regard to market discipline and Pillar 3 requirements in general, BoA starting at the
second quarter of 2014, is planning to review and update its current regulation No.60, of
29.08.2008 “For the minimum requirements on disclosing information from banks and
foreign bank branches”29. These changes will be pursued by a reporting testing period by
banks for the last quarter of 2014 changes are foreseen to be entering into force in 2015.
27
The EC encouraged Albania to introduce and implement the reforms necessary to improve the supervisory
and regulatory framework of its banking sector.
Albania will continue implementation of Basel II in accordance with the relevant Action Plan”:
28
The reporting of two sets of data based respectively on current and new regulatory requirements.
29
The regulation “On minimum requirements of disclosing information from banks and foreign bank branches”
(approved by decision no.60, dated 29.08.08 of the Supervisory Council of the Bank of Albania) sets out the
minimum requirements, the methods and timelines associated with the information that needs to be published in
the periodical reports of banks and foreign bank branches. According to this Regulation, banks should publish
periodical reports which contain information in accordance with the main six categories defined by the Basel
Committee and EU directive 2006/48/EC (Chapter 5, Annex XII) i.e financial performance and their activities,
risk profile, practices and strategies in risk management, CAR ratio, quality of loan portfolio and accounting
policies.
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In order to draw up a reporting template for banks on the Liquidity Coverage Ratio (LCR)
indicators, BoA has already started to work on the liquidity risk indicators (LCR) part of
Basel III30. During the reporting period a number of new regulations on have been approved
by the Supervisory Council (SC) of the BoA as follows:
Decision No. 22, of 27.02.2014 approved some amendments to the regulation on
“Credit Risk Administration” that provides for some obligatory requirements for
banks related with the write-off process. According to these amendments banks are
obliged to write-off the nonperforming loans not later than 3 (three) years after they
have been classified in the “loss category”;
Decision No. 10 of 26.02.2014 the new regulation “On the risk management from
large exposures of banks” as the whole revision of the regulation in force, is partly in
alignment with the Regulation 575/3013”On prudential requirements for credit
institutions and investment firms (part III/part IV –Large exposures). This regulation
provides also for some more qualitative requirements for banks related with the
Steering Council responsibilities, in particular, for decision making process in cases
of creation and restructuring of exposures to large borrowers as well as some
requirements dealing with:
o Risk analysis (underwriting practices) of exposures to large borrowers on the
ongoing basis, that should be based on certified (audited) financial statements;
o Development of large borrowers’ recovery and resolution plans and their
revision with a frequency not less than once a year;
o Coordination and participation of banks in collective recovery and resolution
plans with other banks, in case of exposures to the same large borrower (or
group of connected borrowers), even when the exposure is not considered
large, on an individual bank level.
Adoption of a mandatory Guideline “On Recovery Plans” approved by Decision
No.11, dated 26.02.2014 of the Supervisory Council of the Bank of Albania. BoA’s
requirements were based on the standards issued by the Financial Stability Board 31
(FSB) “Key Attributes of Effective Resolution Regimes for Financial Institutions,
October 2011”. The guideline determines the core principles, as well as supervisory
requirements on the structure and contents of the Recovery Plans, and reporting
requirements for banks. According to this guideline, banks should submit the first
Recovery Plans prepared in accordance with its requirements, within the first quarter
of 2015.
Supervisory Policy
Decision No.9, of 26.02.2014 of the SC of BoA, the new Supervisory Policy has been
approved. This document ensures the compliance of the supervisory cycle and the
30
Bank of Albania considers necessary and would appreciate technical assistance on Basel III package, as well
as on designing a clear roadmap for its implementation. Further assistance is needed on the other indicator of
liquidity risk management under this framework as well.
31
Financial Stability Board - Key Attributes of Effective Resolution Regimes for Financial Institutions, October
2011
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internal organisation of the supervision department with the new risk assessment
system. Implementation of the EU Risk Assessment System (RAS);
Decision No. 590, of 27.02.2014 of the First Deputy Governor approved the risk
assessment manual. The risk assessment manual establishes the procedures to be
followed by the Supervision Department to assess the risk profile of banks and
appropriate methodologies for the analysis and assessment of specific risks.
The new supervisory examination manual has been drafted up during the Twinning Project
with Bank of Italy and is based on the assessment system used by Bank of Italy. It is called
Risk Assessment System (RAS) and is broadly consistent with the systems used by other
European banks that are part of the Euro system. This document enters into force in 1 January
2015.
Reporting system (COREP)
Quantitative reporting requirements set on the Capital Adequacy Regulations will begin
immediately after its entry into force in December 2014. The reporting forms are in
consistency with COREP standard set by European Banking Authority (EBA). The Bank of
Albania has completed the design of reporting package, which is also discussed with the
banking industry. Banks will be asked to report to the Bank of Albania on capital
requirements under this format starting from April 2014 for testing purposes (reporting
parallel with existing regulations) for purposes of assessing the accuracy of reporting.
9.2. Insurance and pension insurance
In the field of non-banking financial market, the Albanian Financial Supervisory Activity
(hereinafter AFSA) has deepened its efforts, for the approximation of the legislative
framework with EU legislation, aiming the further improvement of this market, strengthening
of the supervision and institutional capacities. During the reported period, the following
measures have been taken by the AFSA:
Law “On insurance and reinsurance activity” has been drafted. The draft law aims to fully
approximate with a number of directives, the First Council Directive 73/239/EEC of 24 July
1973 on the coordination of laws, regulations and administrative provisions relating to the
taking-up and pursuit of the business of direct insurance other than life assurance; Council
Directive 73/240/EEC of 24 July 1973 abolishing restrictions on freedom of establishment in
the business of direct insurance other than life assurance; Second Council Directive
88/357/EEC of 22 June 1988 on the coordination of laws, regulations and administrative
provisions relating to direct insurance other than life assurance and laying down provisions to
facilitate the effective exercise of freedom to provide services and amending Directive
73/239/EEC, and with the AFSA commitment to further enhance the degree of compliance
with Solvency I legal framework and the implementation of the IAIS Basic Principles of
Insurance (Insurance Core Principles, ICP).
The draft law "On insurance and reinsurance" is reviewed by AFSA and the comments of the
Council of Ministers, the Ministry of Justice, International Monetary Fund (IMF) and World
110
Bank (WB) are reflected. In January 2014, the revised draft law was sent to the Ministry of
Finance in order to continue the approval process. On 26 March 2014 the Council of
Ministers approved the draft of the bill, by the Council of Ministers Decision No 167 of
26.03.2014. The draft is going into the final phase of its approval from the Parliament.
Amendments to Law 10076, dated 12.02.2009 "On compulsory insurance in the transport
sector" have been drafted. These amendments aims to approximate the Directive
2009/103/EC of the European Parliament and the European Council of 16 September 2009
relating to insurance against civil liability in respect of the use of motor vehicles, as well as
the implementation of such an obligation, liability insurance concerning civil use of motor
vehicles. Draft amendments of this law ended in March 2014, and have been sent to
stakeholders for further comments.
Amendments to Law No. 10197, dated 10.12.2009 "On the voluntary pension funds", have
been drafted. These amendments aim to approximate with Directive 2003/41/EC of the
European Parliament and the European Council of 3 June 2003 “On the activities and
supervision of institutions for occupational pension” and the principles of supervision of
private pension drafted and approved by the International Organisation of Pension
Supervisors (IOPS) and with the OECD Guidelines. Currently the AFSA is working to reflect
comments and suggestions from all stakeholders. The amending process will continue
throughout 2014. As regards the latest regulatory developments AFSA has made further
efforts to improve and complete the existing legal framework by strengthening of supervision
and management of Securities Market and an effective supervision of the activities of the
operators in the market:
Decision of FSA Board No. 106 of 30.10.2013 amending the Regulation No. 2, of
28.01.2010 "On reporting standards and Albanian Insurance Bureau (AIB's
supervision.";
Decision of FSA Board No. 18 of 28.02.2013 amending the Regulation No.110, of
28.07.2011 "On the determination of technical provisions level of the compulsory
insurance in the transport sector";
Decision of FSA Board No 112, of 25.11.2013 approved the Regulation No.112, of
.25.11.2013 "On approval of the prospectus fees", which aims to determine the rules
regarding of service fees for the approval of the prospectus of the public and private
offering, as well as the approval of the prospectus of the investment fund and
voluntary pension fund by the Financial Supervision Authority.
The World Bank Project “Road Ahead for Albanian Motor TPL Market” in the context of the
liberalization of the compulsory motor insurance it was concluded in April 2013.
Nevertheless, implementation of bonus malus system from the technical side is still in
process since is not yet reached the real time connection of IT systems with the Directorate
General of Civil Status to identify the insured. Due to legal obligations this connection must
be carried out through the National Agency for Information Society (NAIS), which is
responsible and intermediary of the links between state institutions IT systems.
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The AFSA is currently at the stage of registering the database with NAIS. After the
registration and approval, the process will continue with the AFSA requesting the NAIS to
access the data of the Civil Status Registry and then will continue to develop the appropriate
applications that will enable this connection. The AFSA currently has prepared an alternative
plan until the connection with the data of the Civil Status Registry, to avoid further delays in
the process.
IT developments started in April 2014. Within the first half of the year 2014 it is expected
that the National center will provide the market aggregated risk data in real time. The entire
concept has been communicated and agreed with the industry and joint expert groups are
being formed. In the second half of the year it is expected that a universal risk category is
produced for customers. In the second half of the year 2014, it is expected that a universal
risk category is produced for customers.
The AFSA will develop a public communication portal, at the official webpage so that the
insured public can check their risk category which should be transferred among insurers also
is scheduled within 2014.
Early Warning System - The AFSA with the assistance the FSVC, is working since 2011 to
build a unique system of the early warning for the insurance market through which to identify
high-risk areas of in the insurance activity and will enable the identification and avoidance of
troubleshooting before they materialize. Currently it was completed the conception and
system architecture and key risk elements were identified. It was also undertaken a
preliminary simulation, which proved successful.
Financial Sector Assessment Program (FSAP) - The Joint Mission IMF- World Bank in the
framework of FSAP, during November - December 2013 provided recommendations on
taking measures to stabilize the market of the compulsory insurance and strengthen the
supervision of the insurance market in 2014 and onwards. By following such
recommendations the AFSA has adopted a package of measures for the stabilization of
compulsory motor insurance market, as a full funding, for the outstanding claims of the
compensation fund and the creation of a special cash reserve, which aims to improve the
mechanism payment of the claims. This mechanism will be monitored continuously by the
AFSA and will continue to function until the full implementation of risk focused supervision.
Market developments in insurance and pension
Insurance: The insurance premium revenues for January - February 2014 were about ALL
1,720 million, or 30.23% more compared to the January - February 2013. During the period
January - February 2014, the number of signed insurance contracts was 134,741 showing a
decrease of 2.60% compared to January - February 2013. The market continued to be
dominated by Non-Life insurance, which share was about 87.86% of the total premium
volume. Life insurance market share was 11.26% and Reinsurance was 0.87%. Market shares
of voluntary and compulsory insurance gross written premiums were respectively 49.68%
and 50.32%. The total of paid claims during the period January - February 2014 was about
ALL 406 million or 0.54% more, compared with the period January - February 2013.
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Private Pension: During 2013 in the market continued to operate three management
companies of voluntary pension funds and 3 banks as depositories of pension funds. Data
analysis for voluntary private pension market in late 2013 shows a total assets under
management of 443.2 million and an increase of approximately 160.2 million (56.6%).
Expressed in Euros the total of assets under management is 16.3 million. The number of
members in 2012, pension funds at the end of 2013 was 7,888 members from 7,065 members
in 2012, an increase of 8.34%.
9.3. Capital market
Improving the legal and regulatory framework in the securities field through the drafting of
laws and regulations or their amendments is an immutable goal of the AFSA, as well as the
increase of approximation with the EU directives, under the recommendations of EU
Progress Reports, and compliance with international standards of financial supervisory
principles. For 2014 the AFSA will draft and adopt regulations relating to collective
undertakings as follows:
• regulation on liquidity management in collective investment undertakings;
• strategies on informing customers of collective investment undertakings on risks
investments;
• regulation on disclosure of information to customers by collective investment
undertakings;
• regulations on the form, calculation and amount of capital that must management
company of collective investment undertakings necessarily have at all times.
AMF In-Reg - During 2013, regarding the electronic reporting system AMF In-Reg, as part of
the project "Information Management System" (MIS) the AFSA has worked intensively for
the accuracy of the operation and construction of the new parts of this electronic reporting
platform. As the most important component to be implemented during 2013 AFSA can
mention the extension of this platform in the market of the government securities, as well as
the introduction of electronic signature innovation reporting platform, with the aim to
gradually eliminate paper reporting.
Thus in September 2013 it was concluded the drafting of the manual for the securities market
reporting as an important first step to complete the transition to electronic reporting system
(AMF In-Reg). It is worth mentioning that this system is now the core of reporting and
supervision of the insurance market and in the long run will be the only reporting platform for
the non-banking financial entities to the AFSA.
Developments in the securities market
Investment funds market has undergone positive changes these last three years with a very
fast pace development, which began in December 2011 with the licensing of Raiffeisen
Invest company, Management Company of Pension Funds and Collective Investment
Undertakings JSC. Investment funds activity is carried out in accordance with Law No.
10198, dated 10.12.2009 "On collective investment undertakings" and the purpose of these
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funds is to provide a return on investment, while maintaining the level of capital and liquidity
required. This investment is made with a careful management of the portfolio.
During 2013 in the market of investment funds exercised their activity two funds, namely
"Raiffeisen Investment Fund Prestige'' and" Raiffeisen Invest Euro Fund''. According to the
data analysis for Investment Funds the market value in 31.12.2013 of the net assets of these
funds amounted to around 50.3 billion ALL with an increase of 214.4% compared to
31.12.2012. This market is dominated by investment in Government Bonds, who comprise
around 84% of fund assets, with an increase of 268.7% compared to 31.12.2012. The number
of members who have invested in investment funds on 31.12.2013 was 28,442 members.
The retail market of government securities: During the reporting period one of the most
active segments of the securities market was the retail trade securities Albanian Government
(treasury bills and bonds) market. In this market continued to operate 8 banks and the
Albanian Post, licensed by the Authority to carry out this type of activity. The performance of
the Government Securities retail market outcomes may be followed on a daily basis via the
official website of the FSA, in the GSRM section.
The volume of secondary market of securities in 2013 was dominated to the extent of 82.7%
by transactions in short-term instruments (treasury bills) market and 17.3% of long-term
instruments (bonds) market. In terms of number of transactions, 95% of all government
securities retail market belonged to transactions carried out in treasury bills. The statistical
data of retail market of the Government securities for 2013 show a predominance of
transactions "Settlement of nominal value at maturity" and "Trade in the primary market"
respectively 64.8% and 23.7% versus the overall volume. Participation in the retail market of
the Government securities is dominated by individual investors, who perform about 99.4% of
all transactions in this market, in comparison with legal persons.
Capital market: Even in the reporting period the capital market continued to remain
undeveloped. TSE, wholly owned by the state as the sole shareholder, has all the structure of
a joint stock company, but has not started to trade in securities and there is no company
listed.
In the current conditions of the capital market development, during 2013, The FSA in
collaboration with experts selected by USAID and FSVC took the initiative to develop a
strategy for the capital market development. The strategy contains directions for medium and
long term potential developments of the capital market. The implementation of this strategy
requires legal changes and infrastructure improvements for the development of the market.
During 2014 measures will be taken for the realization of some of the directions specified in
this document, aiming for the secondary market of government securities to become more
active, and to increase the role of the Exchange in this market segment.
During the period September 2013 - March 2014, AFSA staff participated in different
trainings, seminars, conferences, meetings, and visits to exchange the best professional
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practices, relying on the assistance of international prestigious institutions in the financial
field
On 2- 4 of October 2014, seminar on “Developments in the Law of pension funds and
Supervision”, organized by the Dutch Central Bank (DE Nederlandsche Bank), which
took place in Amsterdam, Netherlands. The foremost topics discussed were mainly
the legal pension system of the Netherlands, the assessment of risks of pension funds,
as well as the evaluation of the investment of pension funds for each type of
investment allowed.
On 6-11 of October 2013, seminar “On the application of risk management
techniques and understanding of internal models”, organized by the Financial
Stability Institute, (FSI which took place in Beatenberg, Switzerland. The topics
discussed were: the use of internal financial models, basics of risk management for
insurance companies, and the practical use of internal models of risk management for
property and accident contracts, according to the sophisticated program Igloo.
On 10-11 of October 2013, seminar on “Detecting and preventing insurance fraud”,
organized by the Centre of Excellence Financial Slovenia, which took place in
Ljubljana, Slovenia. The main purpose of the seminar was to address issues related to
the coordination of efforts to detect and prevent possible cases of fraud in insurance.
On 22 - 25 of October 2013, seminar on “Going Forward: Future Challenges in
Securities Regulation and Practical Solutions for Meeting those Challenges”
organized by the International Organization of Securities Commissions (IOSCO)
which took place in Madrid, Spain. This seminar had comprehensive educational
aims, based on the analysis of the concrete situations. Regulators in securities
discussed and addressed issues of investors’ education and protection in the global
financial crisis, market manipulation and sanctions to be undertaken in case of
verification of abuses in those markets.
On 20 - 22 of November 2013, seminar on “Trading Book Issues and Market
Infrastructure”. This seminar was organized by the International Organization of
Securities Commissions, IOSCO in cooperation with the Financial Stability Institute,
(FSI) Bank for International Settlements (BIS), which took place in Madrid, Spain.
In the seminar were specifically discussed issues related to the new challenges facing
today securities regulators, such as trading book related to market infrastructure.
On 19-21 of November 2013, seminar on “Internal Models assessment: qualitative
and quantitative approach” was organized by the Centre for Training Initiatives (TIFs)
of the Financial Supervision Authority of Poland, (PFSA) which took place in
Warsaw, Poland. Topics that were discussed were related to the recognition of the
methods used by actuaries and risk management analysts regarding the assessment of
the risk, warning signs of critical situations (with high risk) during the work of
actuaries and management measures of such situations.
On 10 of December, workshop on “The obligations of professional standards of
confidentiality”, organized by the European Insurance and Occupational Pensions
Authority, EIOPA in cooperation with the Austrian Financial Market Authority,
FMA, which took place in Vienna, Austria. The seminar aimed the strengthening of
the cooperation through the exchange of information between supervisory authorities
of the insurance sector of Member States and non-Member States. EIOPA has
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initiated work to assess the equivalence of professional confidentiality regimes. The
seminar was also an overview of the current legislation and efforts for future
adjustments to the EU in relation to professional confidentiality in the insurance field.
On 2 - 6 December, workshop on “Software Certification Training”, organized by
VIZOR, Program for the Adjustment of Effective Supervision, which took place in
Dublin, Ireland. The topics covered in the seminar were related software;
components and dependencies of the application, installations and web applications to
VIZOR; parts of the configuration; location of the services of VIZOR; audit service
application; work process; service the virus scans; distribution service; VIZOR
database; VSAB databases.
On 24- 27 of February, workshop on “Effective supervision of capital markets”,
which took place in Malta. The topics covered in this workshop focused on balanced
and pragmatic techniques on the supervision and inspection of capital market
participants. The emphasis of the workshop was put in the performance the
inspections, implementation of supervisory measures, advising of investors and
brokerage activity.
On 11- 13of March, the Financial Supervisory Authority, in collaboration with the
Financial Services Volunteer Corps (FSVC), organised a workshop with regard the
oversight of investment funds. The purpose of this workshop was to increase the
capacity of the FSA supervisory staff. This was achieved by sharing the best practices
of experts in the field of investment funds. The topics were focused on the oversight
of investment funds, the supervision of the liquidity of investment funds, the EU
regulatory framework, the study of some market manipulation practices, etc.
Strengthening the independence of the AFSA
The objective to strengthen the independence and transparency contributes to the improving
the effectiveness of the supervisory process. In this context, strengthening of the AFSA
independence, especially financial and operational independence was recommended for
several years by the World Bank and the IMF. In the past three years in the European
Commission Progress Reports it was consistently emphasized the demand for strengthening
the administrative capacity of the AFSA. Also, the common mission of The IMF and World
Bank in the framework of FSAP in November 2013 reiterated its recommendation to
strengthen the independence.
Following the FSAP recommendation Albanian FSA submitted the amendments to AFSA
law No 9572, date 03.07.2006, to the Ministry of Finance in January 2014. The amendments
aimed at strengthening the financial and operational independence of the Authority, as well as
enhancing the accountability. During the last three months AFSA has been in constant
communication with the Ministry of Finance, to be able to proceed with draft law keeping it
in tact. It is necessary to re-emphasise that for AFSA independence to be effective and
working, the Parliament should approve the exclusion of AFSA from the scope of the civil
servant law and the law on salaries and organizational structure of independent institutions, in
tandem with the amendments to AFSA law.
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On 19 March 2014 the Council of Ministers approved the draft amendments of the FSA law
by the DCM No 146 of 19.03.2014. The draft is going into the final phase of its approval
from the Parliament.
Conclusion
Bank of Albania continues to consolidate its work by revising the regulatory and supervisory
framework. The Basel II implementation project, as regard Pillar 1, the new capital
requirements is approved and COREP tables are ready for approval. In the field of nonbanking financial market, AFSA has deepened its efforts, for the approximation of the
legislative framework with EU legislation, aiming the further improvement of this market,
strengthening of the supervision and institutional capacities.
117
CHAPTER 10: INFORMATION SOCIETY AND MEDIA
Key achievements
To address the obligations stemming from Article 103 and Article 105 of the SAA, and
pursuant to Order of the Prime Minister32 No. 13, 22.1.2014, a working group was
established to draft the inter-sectoral strategy for "Albania's Digital Agenda 2014-2020". The
first meeting of the working group was held on 19 March 2014. The first draft of this strategy
will be completed in July 2014.
10.1 Electronic communication and information technologies
In the area of the information society work has continued to further align Albanian legislation
with the EU acquis. In the framework of implementing existing legislation, and in order to
better orient related policies, the Minister for Innovation and Public Administration (MIPA)
is drafting Albania's Digital Agenda 2014-2020.
A Department of European Agenda for ICT was established in the Council of Ministers to
support MIPA. 33
During the period September 2013 – May 2014, in order to ensure efficient use of the
frequency spectrum the Electronic and Postal Communications Authority (EPCA) took the
following actions:
approved the Frequency Usage Plan, through Decision of the Steering Board No.
2418, date 06.02.2014. This DSB allows for amendments reflected in the plan,
according to practices of the European Table of Frequency Allocations and
Applications in the Frequency. The plan also reflects amendments as approved
through DCM No. 466, date 27.2.2013, “On the approval of the National Frequency
Plan”.
granted use of the spectrum to promote competition through quality and prices for the
provision of services to consumers. In this context, EPCA:
o approved after public consultations the document “On granting the right to use
bands 1900-1980 MHz and 2110 – 2170 MHz, IMT band” through DSB No.
2370, date 18.10.2013. EPCA is following all relevant procedures after the end of
the consultation period; and
o Initiated the public consultation procedure “On the use of GSM 900/1800
frequency bands” through DSB No. 2413, date 27.01.2014.
digitalised the online application system to obtain the authorisation to use frequencies
and numbers to remove administrative barriers. In view of the Individual
Authorisations issuing process, EPCA approved the regulatory acts “Regulation on
Individual Authorisation”, and “On some amendments and additions to the Regulation
32
Prime Minister Order No. 13, dated 01.22.2014 "On establishing an inter-institutional working group for
drafting and pursuing of the overall strategy" Digital Agenda of Albania from 2014 to 2020 "
33
MIPA has the mission to design and to establish the coordination of policies in the field of information
technology and electronic communications, geospatial information infrastructure, postal services, audiovisual
media and to reform and modernize public administration.
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“On allocation and use of numbers and number series and the NNP"", through
Decisions No. 2394 and 2395, date 05/12/2013.
coordinated agreements for the GSM/DCS 1800 systems to avoid interferences in
border areas. Pertaining agreements with the Authorities of Kosovo and Montenegro
were signed. The agreement with the Telecommunications Authority of Macedonia is
under negotiation.
The Steering Board of EPCA approved amendments to the National Numbering Plan
(NNP), through Decision No. 2350, date 13/09/2013. These amendments dictate the
regulation of NNP into 12 geographical regions, with the aim to have a single
geographic area in the future. The process went through public consultation with
stakeholders. The new plan started implementation in January 2014. EPCA was
assisted by International Telecommunication Union (ITU) through the whole process.
held a public consultation with all electronic communications companies concerning
the performance of the number portability system CRDB database, which resulted
satisfactory. EPCA approved the results of the public consultation, through DSB No.
2400, date 26/12/2013. EPCA has concluded a second consultation process with
stakeholders in relation to amendments proposed to the Regulation on Number
Portability, to avoid cases of suspension, or prolongation, observed in the number
porting process, through Decision No. 2412, date 6.2.2014.
In the framework of market analysis, in the area of electronic communication and information
technologies, the EPCA published the review of tariffs for termination to mobile networks for
public consultation on 16.1.2014. The EPCA proposed further reductions of mobile
termination rates according to the benchmark method, using the average mobile termination
rate in the BEREC countries that have applied the ‘pure LRIC’ method. On 17.3.2014, the
EPCA established a working group to conduct mobile market analyses that will address
issues identified in this market. The EPCA imposed further reductions of termination rates in
the networks of the four national mobile operators, through Decisions No. 2341 and 2345,
date 13.3.2014. These values can be found in Annex III.10.1.
The EPCA approved and published the final document of the leased lines market analysis on
4.2.2014. The EPCA designated Albtelecom, through Decision No. 2415, as a Significant
Market Power (SMP) undertaking in the wholesale market for leased lines terminating
segments, regardless of the technology used in the provision of leased or dedicated capacities.
Regulatory measures for SMP of Albtelecom include obligations for transparency, nondiscrimination, access, tariff regulation and cost orientation. The EPCA concluded that the
retail market of leased lines and the wholesale market of leased lines trunk segments are not
relevant markets justifiable for ex-ante intervention. To this end, the EPCA removed the
previous SMP obligations for Albtelecom into these markets.
EPCA approved and published the market analysis for broadband access on 4.2.2014.
Through Decision No. 2417, the EPCA designated Albtelecom as SMP in:
the wholesale market of access to the physical networks infrastructure (including full
access and LLU joint access) from a fixed location;
the wholesale market of broadband access (bit stream);
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SMP regulatory measures for Albtelecom include obligations for transparency, nondiscrimination, access, tariff regulation, cost orientation and AS/CA (only for LLU).
Obligations include the publication of RUO and bitstream access, obligations for
access to the network passive elements, LLU tariff regulation according to BULRAIC
(sub-loop), whereas for bitstream access with the ‘Retail minus’ method.
On 27.3.2014, the EPCA approved and published the final SMS market analysis of
termination into individual mobile networks. The EPCA designated the four mobile operators
as SMP regarding SMS termination into their networks and approved relevant regulatory
measures. The latter include the reduction of SMS termination rate for the four mobile
operators from 1.44 ALL/SMS to 1.00 ALL/SMS starting from 01/04/2014. All operators
have obligations for transparency and non-discrimination. Operators are not obliged to
publish reference offers, and the obligation for AS/CA for SMS termination was removed.
The following regulations were approved during the reporting period:
Regulation for Account Separation/Cost Accounting (26.12.2013)
Regulation for subscriber’s contract terms (26.12.2013)
As far as consumer protection is concerned, the EPCA has taken the following actions:
1. approved the regulation "On the general terms of the subscriber's contract for the
connection and access to the communications public network" through DSB No. 2405,
date 26.12.2013, after public consultations. The regulation constitutes a package of
framework rules that regulate the basic contractual relations between the undertaking and
the subscriber, respectively for the provision and obtaining publicly available electronic
communications services in accordance to Law No. 9918, date 19.05.2008 “On electronic
communications in the Republic of Albania” as amended.”
2. established an online user complaints system. The online system for dispute resolution
and communication with EPCA performs the following functions:
collecting and administrating complaints concerning service quality and reporting
of inadequate practices in service provision through a dedicated phone line, SMS
service, e-mail, and the EPCA web-page, etc.;
saving and processing complaints and information collected through the Online
Dispute Resolution and Communication System and addresses them for
competence;
monitoring and handling the complaint response process;
generating reports regarding the number and type of complaints and the average
period of time for solving them.
In order to strengthen the administrative capacities and independence of the EPCA, a new
structure for the EPCA was adopted through Decision No. 11/2014, date 20.02.2014, "On
approval of the structure, organisational chart and categorisation of work positions of the
electronic and postal communications authority (EPCA)”. The EPCA considers the
enhancement of administrative capacities and staff effectiveness as closely linked to the new
structure of the institution, which will respond to the fulfilment of legal obligations and
increase flexibility and transparency.
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In order to achieve market liberalisation for the registration of .al domains, the transition to
the registry-registrar system was enabled in 2013. Through DSB No. 2252, date 23/01/2013,
EPCA approved the document “On some additions and amendments to the Regulation No. 2
for “Registration and administration of .al domains, and sub-domains gov.al, .mil.al, .edu.al,
.com.al, .org.al and .net.al”. These amendments liberalised the registration market for .al
domains, allowing for a transition from the Registry-Registrar EPCA system to the system
Registry –Liberalised Registrar. This process benefitted from public consultations with
interested stakeholders and the business community. As a consequence, five undertakings
were certified as registrars.
The second phase of the ATLAS project, which dealt with the integration of spatial and nonspatial data from public electronic communications networks into a Web-GIS system, has
concluded. For a more complete view of the Web-GIS system, please consult Annex III.10.2.
The EPCA is seriously evaluating recommendations by the Competition Authority on
findings in relation to allegations of abuse within the market by Vodafone Albania. The
EPCA is also planning to take eventual measures in the mobile operators market and will
address any issues that emerge from this investigation.
10.2 Information society
During the reporting period, and in the framework of the "Open Government Partnership"
initiative, work has continued to draft the new plan in collaboration with all stakeholders.
The draft law "For Notification and Public Consultation" has been drafted and submitted for
approval to the Council of Ministers. The purpose of this act is to increase the transparency
and accountability of public administration in fulfilling commitments undertaken by the
Albanian government in the "Open Government Partnership". The draft law has undergone
significant consultations with stakeholders and civil society organizations. At present, an
interoperability framework is in the process of being drafted, and a policy paper on open data
to align legislation with Directive 2003/98/EC of the European Parliament and the European
Council, as amended.
With the aim to facilitate Albanian citizens and in the context of building a Government
Gateway (GG) infrastructure and Enterprise Service Bus (ESB), additional electronic services
were improved as follows:
business data by the National Register Centre (NRC);
personal data from the General Directorate of Civil Status;
personal income declaration by the General Directorate of Taxation.
In addition, five new GG electronic services are in the implementation phase. They are “My
car”, “My family”, “Property information”, “Social Security”, “Commercial Insurance”,
“Filing tax payments.”
The National Agency for Information Society (NAIS) has implemented the Electronic
Document and Record Management System (ERDMS) in the Prime Minister’s Office. The
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administrative staff of the PM is currently being trained in the function and operation of this
process. The ERDMS system is also planned to be implemented in the Ministry of Finance.
The new organizational structure of NAIS was approved by Order of the PM No. 48, date
10.02.2014 “On the approval of the organizational structure of the National Agency for
Information Society”. The new structure has recruited an additional ten civil servants to
undertake this ntask, taking the total number of civil servants to 45. The structure of the
NAIS is designed to meet government objectives to better deal with increasing demands from
the information society sector. Further information on the functions and structure of NAIS
can be found in Annex III.10.3.
The National Registration Centre employees are equipped with authentication certificates and
electronic signature, and are in the implementation phase of the e-Signature project. In
relation to the standardization and harmonization of electronic identity management for
businesses, the declaration of personal income taxes option was introduced in the e-Albania
portal.
10.3 Audiovisual policy
The following legal measures were taken in the framework of completing regulatory
legislation for the activity of the Audiovisual Media Authority (AMA):
Regulation "On the procedure of inspection / monitoring activities of audiovisual
media service providers" was approved through Decision No. 21, date 27.12.2013.
The legal framework concerning monitoring and controlling of program activities,
financial, technical and organizational of audiovisual subjects is complete.
A Broadcasting Code was adopted through Decision No. 1, date 27.1.2014. The
Transmission Code is based on EU principles of broadcasting activity, as well as
existing national practices. This code establishes AMA to be the regulatory authority
in the field of broadcasting.
Decision No. 4, date 26.3.2014 "On establishing the obligation of carrying the
national programs by cable communications networks of entities authorized to
redirect audio and audiovisual programs on these networks" (Must Carry). The
purpose of this decision is to establish liability for cable operators to carry on their
networks programs that AMA classifies to guarantee user access. Obligations "must Carry" will be imposed only if the respective networks are the primary means of
receiving television programs. This obligation is applied especially in those areas that
are not covered with signal of program with public interest.
During the reporting period, AMA has prepared the following drafts, some of which are in
the approval or public consultation process:
"On the order of plan for audiovisual media services that rely on digital networks."
The purpose of this regulation is to establish order and plan determination procedure
for issuing identification numbers of service provider’s media audio and/ or visual. In
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34
35
the draft the procedure is determined for the award of LNP34, noting that the first
numbers of the LNP’s list is given to public operator programs (national, regional and
local).
"On the provision of conditional access services." The purpose of this draft regulation
sets out the rules for the provision of conditional access services, to ensure a quality
protected delivery of services to subscribers, in terms of fair, reasonable and nondiscriminatory. The draft defines a conditional access service (Conditional Access),
which is any technical measure or arrangement that enables the reception in an
intelligible form of protected services35, versus a prior individual authorization.
"On the nature of communications audio and / or audiovisual commercial. Forms,
terms and time of day allowing for their transmission " This draft includes and
specifies, in detail, the legal requirements for the transmission of advertising,
schedules and outages, conditions and requirements for consumer protection, and
especially children, respecting the rules of ethic, conduct, content and mode of
transmission of advertising and commercial communications , previously undefined in
the Albanian legislation, such as "product placement" or "TV shopping windows"
etc..
"On the procedures and criteria for granting broadcasting license and audio-visual
program service license". This draft defines the rules, criteria and procedures for
granting of broadcasting licenses and audio-visual program service license. In this
draft act are provided the rules, criteria and legal, financial, programmatic and
technical requirements, which should be followed by the subjects, who will apply for
a national / regional / local broadcasting license.
"On granting of broadcasting licenses for temporary purposes and institutional needs”.
This draft defines the rules, criteria and procedures for the granting for audio
broadcasting licenses for temporary purposes and institutional needs, public
institutions and institutions of further education, higher education, etc.
"On the procedures and criteria for granting audio transmission license". This draft
defines the rules, criteria and procedures for granting license, licensing of
broadcasting audio and program service audio license. In this draft are provided
norms, criteria and legal requirements, financial and technical program that should be
followed by entities that would apply for a license to national / regional / local audio
broadcast.
"On the broadcast of gratuitous messages with high interest to the general public".
"On the definition of events of great importance and their mode of transmission and
the right to report short news".
Guidance "On the forms and categories of programs for recording and archiving".
"On the procedures of renewal of audio broadcasting licenses".
"On the monitoring the frequency spectrum." The purpose of this draft is to establish
project monitoring procedures, intended spectrum for terrestrial TV and radio
broadcasts. The purpose of monitoring spectrum is to support the spectrum
management process in general, as well as support the process of allocation of
frequency based on the frequency plans.
LNP- Logical number of program
Conditional access service
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"On the criteria and regulatory measures for avatar use of the transmission and
infrastructure of the Albanian Radio Television". This draft sets out rules and
procedures for transmission and avatar use of infrastructure of ART from service
providers and media audio / visual or licensed to broadcast audio and / or audiovisual
ground.
AMA is organizing public consultations in relation to the Adoption of Rules and Code of
Transmission with various stakeholders. The AMA has launched a new website where this
information is available.
During the period September 2013 - April 2014, pursuant to Law No. 97/2013 "On audio
visual media in the Republic of Albania", the AMA has approved twenty decisions, the most
important among which are:
3 decisions for approval regulatory of the aforementioned acts
4 decisions to approve changes in the data of license of radio and television
entities;
1 decision which examined the administrative complaints of subjects with
sanctions punished by fine;
2 decisions which replaced cable licenses subject with renewed authorization for
the replay of program services.
Decision approving the AMA's report on the activities conducted during 2013.
In the context of public consultations on regulatory acts of significant impact, the AMA has
participated and organized several national conferences, where stakeholders have had the
opportunity to express their opinion, as follows:
On 28 to 29 October 2013 was conducted the fifth meeting of EU Subcommittee
Albania, "On the innovation of information society and social policies" where the
AMA's representatives presented the progress made by the institution, the steps taken
and the process issues of digitization.
On January 17, 2014 AMA organized common Roundtable on the theme: "Protecting
the rights of children in the media." This discussed innovations of the new media law
and new regulations regarding respect for the rights of children in broadcasting.
On 24 January 2014, the AMA held a joint meeting with all stakeholders,
representatives of journalists' associations etc. The purpose of the meeting was to
familiarize with the requirements and standards of the "broadcasting code" drafted
and approved by the Authority of Audiovisual Media.
On February 7, 2014, the AMA organized the National Conference on the theme:
"Discrimination in the media". It addressed issues of women's rights, persons with
disabilities, in audiovisual programs, especially in news programs.
On 28 March 2014, the AMA organized a joint table "Digitalization even a year's
time." Participants came from state institutions, audiovisual entities, journalists and
guests who discussed the necessity of respecting deadlines in the Digitizing process as
defined in national and international acts.
The MIPA is currently leading the Committee for the implementation of the digital switch
over strategy and is carefully analyzing the legal, technical and financial aspects for the
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construction of a digital transmission network for the Public Broadcaster, with the main
purpose the identification of the appropriate steps that will guarantee a correct
implementation of the obligations set out in the Geneva Agreement. The MIPA has also
requested technical and financial support from ITU experts for the implementation of the
strategy. The Minister of Innovation and Public Administration has appealed the decision of
the Court of Appeal allowing the construction of a digital transmission network for the Public
Broadcaster.
The MIPA has also established a working group "On studying the possibility of increasing
digital terrestrial coverage with compatible networks and without prejudice to the digital
frequency plan approved by the GE-06 Agreement".
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CHAPTER 11: AGRICULTURE AND RURAL DEVELOPMENT
Key conclusions
The IPARD-like is being run smoothly. Six regional information and trainings meetings were
organised for the 3rd call for applications. The IPARD Paying Agency moved to new offices
as recommended by EC services. Measures were taken to increase the administrative
capacities of the staff of the Paying Agency. In 2013, Agricultural and Rural Development
Agency (ARDA) processed and financed 5,601 applications for support. Support to organic
farming continued. INSTAT is using the latest version of the Eurostat questionnaire on
organic farming data collection.
11.1 Agriculture and Rural Development
The draft Inter-Sectoral Strategy on Agriculture and Rural Development is prepared by the
Ministry of Agriculture, Rural Development and Water Administration (MARDWA). The
draft will be submitted for approval to the Council of Ministers, by the end of 2014.
The Managing Authority has prepared an Action Plan on updating procedures manuals
(accreditation package), reflecting the new structure of the Directorate of Programming and
Evaluation of Rural Policies (Management Authority), as well as the new IPA regulations and
Sector Agreement.
IPARD II Programme
The first draft of IPARD II programme is submitted to EC services for further consultations.
The following progress is achieved:
The Order of Minister of Agriculture, Rural Development and Water Administration
No 307 of 18.11.2013, was issued to set up a Programming Group for IPARD II. This
group organized meetings to discuss progress of programming, SWOT, measures,
programme strategy, tasks related to submission of information for the Programme;
In-debt sector studies on meat, milk, fruit and vegetables, and diversification were
finalised on 10.12.2013. The finalised in-debt sector studies were attached to the draft
Programme.
In the
out:
framework of the First Package for IPARD II, the following activities will be carried
Investments in physical assets of agricultural holdings;
Investments in physical assets concerning processing fishery products;
Farm diversification and business development,
Technical Assistance.
Third Call for IPARD-Like
The Guideline for Applicants 3.036 of the 3rd IPARD-like Call was prepared to assist the
36
Approved from EC Delegation in Tirana, on 7.03.2014.
126
potential applicants for IPARD-Like funds. Third call for application will be opened from
17.03.2014 till 2.05.2014. Six regional information and trainings meetings were organised by
the Management Authority and IPARD Agency.
Institutional Framework of Agriculture and Rural Development, IPARD Agency
Albanian Rural Development Agency prepared a road map to address the recommendations
of the Letter on “Preparedness to implement pre-accession assistance in the field of
agriculture and rural development”, missions of 14-17 May and 12 September 2013 and
Chapter 11 of the 2013 EC Progress Report. The road map included the following activities:
Procedural arrangements
The procedures for the programming period 2014 – 2020, will be amended, according to the
Regulation (EU) No 231/2014 of the European Parliament and of the Council of 11 March
2014 establishing an Instrument for Pre-accession Assistance (IPA II) and Regulation (EU)
No 236/2014 of the European Parliament and of the Council of 11 March 2014 laying down
common rules and procedures for the implementation of the Union's instruments for
financing external action. The relevant amendments will be reflected in the prepared draft
accreditation package and Internal Control and Management System. The accreditation
working group was re-activated based on the Order of the General Director of Agriculture
and Rural Development Agency No 95 of 20.03.2014, to review the draft accreditation
package version 1.0, in accordance with the new regulations 2014-2020.
Infrastructure
The IPARD Paying Agency moved to new premises which are in compliance to the EU
standards and regulations.
Staffing
a. Staff retention and motivation
The new organisational structure of the Paying Agency was approved by the Order of Prime
Minister No 67 of 1.07.2013 “On the Establishment of the Organizational Structure of
Agricultural and Rural Development Agency”, and additional staff was recruited. Three new
employees were added to the positions of spot control and legal affairs, and two positions of
heads of sectors are added to the new organizational structure.
The existing employees were promoted to new positions in the new approved structure. Three
inspectors were promoted to Directors; four inspectors were promoted as heads of the sector.
b. Capacity building
The staff of the IPARD Paying Agency participated in the following trainings:
Trainings organized by the Public Administration School:
o Civil servant legislation and procedures
o Risk management
o Internal Control and Financial Management for IPA funds
Trainings organized by AGNA Leadership Academy:
o Time management and self-organization
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o
o
o
o
Communication and teamwork
Positive thinking and confidence
Success related and human resources
Trainings organized by tax office:
Taxes, VAT
Internally as a result of IPA 2011 “Support to agriculture and rural development”, IPARDlike Grant Scheme the Capacity and ownership are increased for the staff of ARDA:
on job training for project selection and approval;
on job training for authorization of payments and on the spot control;
on job training re-performance audit;
workshop on “Risk Driven Internal Audit, from planning to execution”.
Equipment
ARDA carried out an ICT needs assessment on hardware such as computers/ scanners/
photocopy machines, UPS and laptops. In order to increase the security of information,
additional servers, back-up tape machine and a safe box for storing the backup tapes are
required. These equipments will be provided by IPA 2011 “Support to agriculture and rural
development”.
ARDA is setting up an online service to assist farmers and agro-processors (one-stop shop).
In the framework of the assistance from the Italian government, as adopted by Law No
9/2014 of 13.02.2014 “On the ratification of the Agreement between the Council of Ministers
of the Republic of Albania and the Government of the Italian Republic on the Programme
“Strengthening of the Albanian Payment Agency (AZHBR) for the payment of contributions
to agriculture”, AZHBR is going to benefit 5 million Euro for the enhancement of its
capacities. The assistance will be used for capacity building measures, design of IACS
system and purchase of vehicles and equipments.
IPA 2011 “Support to Agriculture and Rural Development”, IPARD-like implementation
Three calls for proposals were launched in the framework of this programme.
1st call for application: Opened in 18.12.2012 – 18.02.2013. 84 applications were filed, of
which 19 were contracted. 18 claims were presented, and one contract was rejected.
2nd call for application: In the 2nd call, opened 30.04.2013 – 14.06.2013, 21 projects out of 65
were rejected and additional documents were requested from the other 44 applicants.
Contracts with eligible applicants will be signed after the finalization of the spot control.
3rd call for application: The 3rd Call for applications, opened on 17.03.2014. The Call would
be open till 2.05.2014. An information campaign was organised to inform farmers on the
opening of the call for applications. In Mars 2014, seven regional workshops were organised
with extension service specialists, farmers and agro-businesses, on the third call of IPARDlike schemes. The service has started to support potential IPARD-like applicants.
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Other progress
In September 2013 – April 2014, the public extension service implemented several activities
reaching about 50,000 farmers and agro-businesses. The service conducted 80 training days
with agriculture specialists and 600 training days with farmers.
Agricultural Cooperation issues
21 Agricultural Cooperation Companies are registered based on the Law No 38/2012 of
5.04.2012 “On Agricultural Cooperation Companies”. Their main activities are production of
olives, medical plants, cereals, vegetables and animal breeding. Four Agricultural
Cooperation Companies benefited from the national scheme funds in 2013.
Direct Support Schemes
In 2013 ARDA assessed and financed 5,601 applications with the number of
beneficiaries and budget for each measure as follows:
No.
Support measure
Number of
Financed in ALL
Financed in Euro
beneficiaries
1
Planting Olive Trees
1,740
219,043,406
1,558,362
2
Planting nuts
148
27,225,099
193,690
3
Planting subtropical trees
4
Planting fruit trees
69
12,954,580
92,164
472
46,266,960
329,162
5
Planting vineyards
117
11,632,200
82,756
6
Cultivation of medicinal plants
364
101,724,256
723,707
7
Almonds and pomegranates
54
8,493,262
60,424
8
Drop Irrigation systems
217
66,917,925
476,081
9
BIO products
4
280,000
1,992
10
Purchase plastic for greenhouses
141
16,916,560
120,351
11
12
Purchase plastic for tunnels
70
13,963,350
99,341
Payments for milk for the livestock
64
44,309,250
315,234
farms, breeding cows
13
Calves breeding (fattening) for meat
141
20,005,000
142,324
14
Support for farms more than 50/100
1,581
162,065,500
1,152,999
matriculated sheep/goats
15
Bees keeping
275
19,233,000
136,831
16
Heifers breeding
13
5,920,000
42,117
17
Snail breeding
12
2,207,000
15,701
18
Collection of chest nuts and blueberries
0
0
0
19
Breeding sheep/goats pure race
44
7,505,000
53,394
20
Extra virgin oil production
6
5,400,000
38,418
21
Cooperatives
4
11,824,219
84,122
22
Support through the subsidy of the
57
42,722,404
303,944
interest rate
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23
Interest free loans
Total
8
80,832,500
575,075
5,601
927,441,471
6,598,189
Source: Agriculture and Rural Development Agency
The following legal acts are being prepared:
Draft Decision of Council of Ministers “On defining the sector measures and amount
of Domestic Support Schemes”;
Draft Order of the Minister of Agriculture, Rural Development and Water
Administration and Minister of Finance defining the eligibility criteria,
competitiveness and procedures to be followed up in obtaining financial support.
The financial support to the agricultural sector, number of applicants and measures
increased continuously in 2007 – 2013:
No
1
Support measures
No of supported
4
Number of
beneficiaries
New Planting total in
ha
5 Planting olive trees ha
6
Planting nuts ha
7 Planting vineyards ha
8
9
2008
3
2009
13
2010
17
2011
11
2012
17
2013
20
23
measures
2 Number of applicants
3
2007
Planting orchards ha
Planting of subtropical
ha
3,178
8,614
12,051
10,090
14,783
11,340
10,245
2,109
7,603
10,584
8,045
4,078
7,729
5,601
1,169
1,772
2,536
2,523
1,929
2,763
2,131
337
0
276
706
0
247
1591
1848
1981
1616
0
0
465.5
662
201
119
52
1,065
212
66
48
556
820
744
555
207
174
236
0
0
0
0
47
111
65
Source: Agriculture and Rural Development Agency
11.2 Livestock breeding
Livestock production represents approximately 55% of the agricultural production. The focus
in a certain production has resulted in an increased number of livestock farms breeding a
considerable number of bloodstock animals. Milk production increased due to improved
livestock nutrition, improved breading environment and increased artificial insemination.
The following legal acts are being prepared:
Draft Regulation “On the pedigree and zoo-technical requirements for the importation
of semen of certain animals, approximating Commission Decision 96/509/EC of 18
July 1996 laying down pedigree and zootechnical requirements for the importation of
semen of certain animals. The draft is in the approval phase;
Draft Regulation “On the zoo-technical and genealogical conditions governing trade
in equidae, approximating Council Directive 90/427/EEC of 26 June 1990 on the
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zootechnical and genealogical conditions governing intra-Community trade in
equidaeThe is in approval;
Draft Regulation “On the pedigree and zootechnical certificates for the importation of
breeding animals, their semen, ova and embryos approximating Commission Decision
96/510/EC of 18 July 1996 laying down the pedigree and zootechnical certificates for
the importation of breeding animals, their semen, ova and embryos and Commission
Decision 2004/186/EC of 16 February 2004 amending certain Annexes to Decision
96/510/EC as regards the zootechnical requirements for the importation of semen, ova
and embryos of the equine The draft act is being prepared.
Trainings are organised for the organisations of Animal Breeders/ Animal Husbandry
Organizations for the respective species (bovine, sheep and goats / small ruminants).
Trainings focused on:
1. Strengthening the monitoring system and enforcing measures related to standards of
zooanimal breeding and animal welfare;
2. Implementation of legislation zootechnical documentation to be filed by associations
and farms with marketing direction.
Measures financed under the state budget are taken to preserve and protect the indigenous
breeds of buffalos and small ruminants, according to Decision of Council of Ministers No
1708 of 29.12.2008 “On implementing programmes designed for the in-situ conservation of
autochthonous sheep and goat breeds” and Decision of Council of Ministers No 1634 of
17.12.2008 “On laying down the manner and procedures governing financial support for
conservation of the genealogical reserve of the autochthonous breed of buffalo”, as amended.
A database is being built on individual animal data for Jersey and Holstein breeds, which will
be used in the breeding programmes. The set up of the database is financed by the state
budget.
11.3 Organic agriculture production
The draft law “On organic farming” is prepared approximating Council Regulation (EC) No
834/2007 of 28 June 2007 on organic production and labelling of organic products and
repealing Regulation (EEC) No 2092/91. The legal procedures for its adoption are due to
start.
Organic farming is being consolidated and improved yearly as a result of Government
policies on agriculture and rural development. Support schemes for organic agriculture
production, implemented according to Decision of Council of Ministers No 89 of 16.01.2013
“On defining the basic criteria for the sectors that will be supported and the amount of
benefits from the Agricultural and Rural Development Programme, in 2013”, showed
positive effects, since the large number of beneficiaries has enabled organic growth area and
the number of organic operators in the local and foreign market has increased considerably.
The establishment of a subsidy scheme for organic agriculture with a high number of
beneficiaries has increased from year to year the organic planted area.
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Direct payments for organic agriculture are granted under national support schemes since
2008 using different modalities. In 2013, direct payments were provided as follows:
Specifically: 70,000 ALL (approximately 500 Euro) for each organic production farm
General: for different crops, promoting organic agriculture through a score system
awarding 5 to 10 points in the eligibility criteria, during the selection process.
Albania, as a member of Mediterranean Organic Agriculture (MOAN), participated in the
International Symposium on Organic Mediterranean Agriculture & Quality Linked to Origin,
held in Agadir, Morocco on 1 – 4 December 2013. The latest data and developments on
organic farming in Albania were presented in the this symposium
INSTAT is using the latest version of the Eurostat questionnaire on organic data collection
(Final Harmonized Questionnaire), based on the Council Regulation (EC) No 834/2007 of 28
June 2007 on organic production and labelling of organic products and repealing Regulation
(EEC) No 2092/91.
11.4 Products subject to market organisation
The amendments to Law No 8443 of 21.01.1999 “On vineyards and wine” are being
prepared. The amendments are scheduled to be finalised in September 2014. The draft
amendments will be submitted for endorsement to the Council of Ministers in December
2014.
The MARDWA is the main institution responsible for the CMO policies. The newly
established Directorate of Agriculture Policies and Trade Policies, includes the Marketing
and Quality Sector, responsible to draft policies, strategies and legislation on promotion of
internal agriculture production, participating actively on implementation of government
policies for improvement and promotion of the competitiveness of the agriculture products
and agro-industry, marketing, management and functioning of agriculture markets.
11.5 Quality policy and legislation
The amendments on Geographic Indications and Certified Marks to the Law No 9947 of
7.07.2008 “On industrial property” are submitted for adoption to the Parliament.
Upon the adoption of the amendments, the Minister of Agriculture, Rural Development and
Water Administration will issue an order on the application forms on geographic indications.
The Regional Agriculture Directories have identified the potential agriculture and foodstuff
products to be registered as protected denomination of origin or as protected geographic
indication. MARDWA is preparing the definitive list of potential agriculture and foodstuff
products to be registered.
132
CHAPTER 12: FOOD SAFETY, VETERINARY AND PHYTOSANITARY POLICY
Key achievement
Progress was achieved in the approximation of the Albanian legislation in the food safety and
control sector with EU acquis. The Ministry of Agriculture, Rural Development and Water
Administration and National Food Authority (NFA) enhanced their capacities through
trainings, study visits, etc. National Food Authority implemented the control and monitoring
plan. The Sector of the Border Inspection Points’ Coordination was set up at the General
Directorate of NFA as a coordinating unit between NFA and Regional Directorates. The
national program of veterinary prophylaxis was implemented smoothly.
12.1 Food safety and control
The following legal acts were approved:
Order of Minister of Agriculture, Rural Development and Water Administration No
258 of 10.10.2013 “On establishing lists of approved zones and approved farms with
regard to one or more of the fish diseases viral haemorrhagic septicaemia (VHS) and
infectious haematopoietic necrosis (IHN), from which the import is allowed”,
approximating the Commission Decision 2008/427/EC of 8 May 2008 amending
Annexes I and II to Decision 2002/308/EC establishing lists of approved zones and
approved farms with regard to one or more of the fish diseases viral haemorrhagic
septicaemia (VHS) and infectious haematopoietic necrosis (IHN) (notified under
document number C(2008) 1719);
Guideline of Minister of Agriculture, Rural Development and Water Administration
No 1 of 18.02.2014 “On food enzymes”, approximating the Regulation (EC) No
1332/2008 of the European Parliament and of the Council of 16 December 2008 on
food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC)
No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation
(EC) No 258/97.
The following legal acts are being prepared:
Draft Order of Minister of Agriculture, Rural Development and Water Administration
“On the approval of the Regulation ‘On the traceability requirements for food of
animal origin” approximating Commission Implementing Regulation (EU) No
931/2011 of 19 September 2011 on the traceability requirements set by Regulation
(EC) No 178/2002 of the European Parliament and of the Council for food of animal
origin;
Draft Order of Minister of Agriculture, Rural Development and Water Administration
“On approval of the Regulation “On use of lactic acid to reduce microbiological
surface contamination on bovine carcases”, approximating Commission Regulation
(EU) No 101/2013 of 4 February 2013 concerning the use of lactic acid to reduce
microbiological surface contamination on bovine carcases;
Draft Guideline of Minister of Agriculture, Rural Development and Water
Administration “On extraction solvents used in the production of foodstuffs and food
ingredients”, approximating the Directive 2009/32/EC of the European Parliament
133
and of the Council of 23 April 2009 on the approximation of the laws of the Member
States on extraction solvents used in the production of foodstuffs and food ingredients
(Recast);
Draft Order of Minister of Agriculture, Rural Development and Water Administration
“On replacing Annex 1 of Order of Minister of Agriculture, Food and Consumer
Protection No 261 of 10.09.2009 ‘On approval of Regulation on microbiological
criteria for foodstuffs”, approximating the Commission Regulation (EC) No
2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs;
Draft Guideline of Minister of Agriculture, Rural Development and Water
Administration “On foods and food ingredients treated with ionising radiation”
approximating the Directive 1999/2/EC of the European Parliament and of the
Council of 22 February 1999 on the approximation of the laws of the Member States
concerning foods and food ingredients treated with ionising radiation.
The following activities were organised to enhance the administrative capacities:
A series of trainings on legislation and risk management analysis;
Training Liaison Officers (TLO) and one senior official of food safety participated in
a two-day workshop organised by TAIEX on programming 2014 TAIEX support in
the field of veterinary, phytosanitary and food safety, on 24 – 25 October 2013, in
Brussels, Belgium;
The Expert Mission on Determination of Aflatoxins with HPLC, organised in
cooperation with TAIEX on 4 – 8 November 2013, in Tirana, Albania;
A training on national and EU legislation, organised with support from IPA 2009
Project “On strengthen food safety system in Albania” for the staff of the Ministry of
Agriculture, Rural Development and Water Administration and National Food
Authority, on 12 – 13 March 2014, in Tirana, Albania;
The Expert Mission on Assessment and Categorisation of Agrifood Establishments
was organised by TAIEX, on 7 – 11 April 2014, in Tirana, Albania.
The National Food Authority (NFA) employees participated in the following trainings
organised with the support of the European Food Safety Authority (EFSA) and IPA 2010
“Consolidation of the Food Safety System in Albania”:
No.
Topic
Date
No. of
Organiser
participants
1.
Training on Risk Assessment in Nutrition
12-14 November 2013,
3
EFSA
3
EFSA
Skopje FYR of
Macedonia
2.
Training in Pest Risk Assessment
25- 27 March 2014,
Sarajevo
3.
Training on Risk Assessment
29-30 January 2014
5
IPA 2010
4.
Training on national and European
12 & 13 March 2014
3
IPA 2010
24 - 28 March 2014
20
IPA 2010
legislation
5.
Training for phyto-sanitary inspectors of
BIPs
134
6.
Training on “Building capacity to identify
24- 28 March 2014
2
EU Project
and respond to threats from chemical,
CBRN No. 23,
biological, radiological and nuclear
General
substances”.
Directorate of
Customs
6.
Training on Risk Communication and
26 March 2014
22
IPA 2010
7-10 April 2014
22
IPA 2010
Consumers Awareness
7.
Training for veterinary inspectors of BIPs
Source: National Food Authority (NFA)
The General Directorate of NFA will organise in April – May 2014, a series of trainings for
field inspectors and Border Inspection Points’ (BIP) inspectors of the Regional Directorates,
focusing mainly on the implementation of BIP procedures and field inspections. In MarchApril, a training on registration and administration of data into AKUnet was organised.
No.
1.
Organiser (General Directorate of NFA)
Food, feed of non-animal origin and Business
Time schedule
Participants
7-8 April 2014
19 BIP inspectors
17 – 18 April 2014
82 field inspectors
14-15 April 2014
21 BIP inspectors
21-22 April 2014
76 field inspectors
9- 10 April 2014
19 BIP inspectors
23-24 April 2014
44 field inspectors
11 March 2014
36 inspectors
1 April 2014
12 Regional Directors
Operators Sector
2.
Food, feed of animal origin and Business
Operators Sector
3.
Plant protection and agricultural inputs inspection
sector
4.
I.T. trainings on registering and administration of
data into AKU-net sector
Source: National Food Authority (NFA)
NFA supported by the IPA 2010 “On Food Safety Consolidation in Albania” prepared and
distributed 7,000 leaflets aiming to increase consumer awareness on the use of safe food
products. The leaflets informed the consummators on how to contact NFA concerning
problems threatening food safety or requests for different information.
NFA during inspections of Food Business Operators who had applied for licenses to operate
in the food sector, promoted and informed on the obligation of food operators to implement
HACCP plan.
The tables below present inspections carried out by NFA Regional Directories during 1
September 2013 - 31 March 2014.
Table 1: Inspections conducted by the Sector of Food and Feed of non-animal origin and
Food Business Operators Inspection
135
Refusals
Approvals
Licensing
applications
Fines
Blocked - Exterminated
Value in
ALL
Amount in
tons
Activity
Warnings
Value in
ALL
No. of fines
suspension
Period
No. of Inspections
Administrative measures
TOTAL
September-
2,710,00
5,007
159.066
17
421
December
45
0
8144169.987
35
10
25
3,734,336
19
8
11
11878505.99
54
18
36
6
2013
TOTAL
1,542,00
January-
3,846
26
547
25
968
70
100.516
0
March 2014
TOTAL
01
4,252,00
September
8,853
259.582
43
0
2013 – 31
6
March 2014
Source: National Food Authority (NFA)
Table 2: Inspections carried out from the Food, Feed of Animal Origin and Business
Operators Inspection Sector
Period
No. of
Administrative
Inspections
Measures
Blocked/
No. of
Applications
Exterminated
activities
for
(kv)
suspended
Licensing
Licensed
Unlicensed
Subjects
Subjects
September
December
3,963
116
125.5
137
81
35
46
3,664
56
217.9
114
62
21
41
7,627
172
343.4
251
143
56
87
2013
JanuaryMarch
2014
TOTAL
Source: National Food Authority (NFA)
Table 3: The Plant Protection and Agricultural Inputs Inspection Sector carried out the
following inspections
Licensing
requests
i
L
cR
ee
f
nA
u
sp
s
ip
ner
o
gd
v
ae
B
pd
l
p
oW
l
ca
i
r
k
Administrati c n
e
F
ve Measures a d
i
ti
n
in
g
oe
s
Total of ns
inspections s
Fertiliziers used
for vegetation
Planting,
multiplying
material
PPP (Plant
Protection
Products)
Period
136
TOTAL
SeptemberDecember
492
592
436
1521
29
41
37
29
16
13
331
516
316
1163
23
76
32
28
17
11
823
1108
752
2684
52
117
69
57
33
24
2013
TOTAL
JanuaryMarch
2014
TOTAL 1
September
2013 - 31
March
2014
Source: National Food Authority (NFA)
The Order of the General Director of the NFA No 1072 of 18.12.2013 “On the establishment
of the working group for assessment, reassessment and unifying control practices in areas
where the National Food Authority operates, was issued.
The central task force for the control of abattoirs and meat trading was re-established on
13.11.2013. The task force is responsible to monitor the implementation of Law No 87/2012
of 18.09.2012 “On the approval of the Normative Act of the Council of Ministers, with the
effect of a law, No 4 of 16.08.2012 ‘On defining the rules for the slaughtering of animals and
placing in the market of their meat”. The NFA notified all the business operators on the
reestablishment of the task force, before the task force started its inspections.
Table 4: Inspections conducted in September 2013 – March 2014, according to Law No
87/2012 of 18.09.2012
Fines
9.09.12-
Seizure work tools/ products
No. of subjects equipped
with NRC
No. of subjects that have
started NRC application
No. of subjects unlicensed
with NRC
No. of
subjects blocked
No. of subjects not fulfilling
Normative Act conditions
No. of subjects fulfilling
Normative Act conditions
No. of slaughter points
No. of trading points
No. of subjects inspected
No. of inspections carried
out
Period
1,281kg
Total
4,736
1548
1373
175
840
708
13.11.13
708
542
240
172
meat/
work
equipment
137
60
Total
13.11.13-
1,162
895
801
94
576
319
319
185
83
48
1,380 1,246
134
970
410
410
284
190
206
731.1 Kg
87
26.12.13
Total
13.11.13-
2,736
3.04.14
1,119.4
Kg meat
135
Source: National Food Authority (NFA)
Table 5: Number of food, feed and livestock inspections in BIPs. Period: September 2013March 2014
Border Inspection
Points
Durrësi
Kapshtica
Qafë Thana
Hani i Hotit
Kakavija
Morina
Vlora
Bllatë
Gorricë
Shëngjini
Qafë Botë
Rinasi
TOTAL
Food, feed of nonanimal origin
2,623
1,913
1,561
1,639
1,139
1,324
1,285
218
11
0
3
14
11,730
Food, feed of
animal origin
2,609
364
279
541
321
162
74
0
0
0
0
75
4,425
Livestock
60
65
227
137
473
0
2
0
0
0
0
15
979
TOTAL
5,292
2,342
2,067
2,317
1,933
1,486
1,361
218
11
0
3
104
17,134
Source: National Food Authority (NFA)
In order to have a better coordination between NFA and Regional Directories in performing
the procedures for Import and Export in BIPs implementing laws and legal acts, the Sector of
the Border Inspection Points’ Coordination was set up at the General Directorate of NFA,
based on the Order of the Prime Minister No 119 of 10.03.2014 “On approval of the
organizational structure of the National Food Authority”. The establishment of this sector
made possible:
The coordination of the work in BIPs at national level;
The analyses of preliminary and factual reports, identification of potential problems
and taking of measures to solve them in time;
Providing technical assistance for the solution of specific issues that require advanced
technical expertise.
12.2 Veterinary policy
The following legal acts are in the approval process:
Draft law on Veterinarian Order;
Regulation of Minister of Agriculture, Rural Development and Water Administration
“On laying down a list of third countries, territories, zones or compartments from
138
which poultry and poultry products may be imported into and transit through the
Albania and the veterinary certification requirements approximating the Commission
Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries,
territories, zones or compartments from which poultry and poultry products may be
imported into and transit through the Community and the veterinary certification
requirements;
Regulation of Minister of Agriculture, Rural Development and Water Administration
“On the Community code relating to veterinary medicinal products”, approximating
the Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of
third countries, territories, zones or compartments from which poultry and poultry
products may be imported into and transit through the Community and the veterinary
certification requirements;
Regulation of Minister of Agriculture, Rural Development and Water Administration
“On the diagnostic manual for the African Swine Fever”, approximating the
Commission Decision 2003/422/EC of 26 May 2003 approving an African swine
fever diagnostic manual;
Regulation of Minister of Agriculture, Rural Development and Water Administration
“On animal health condition for import of certain birds and the quarantine condition
thereof” approximating the Commission Regulation (EC) No 318/2007 of 23 March
2007 laying down animal health conditions for imports of certain birds into the
Community and the quarantine conditions thereof;
Regulation of Minister of Agriculture, Rural Development and Water Administration
“On the measures for the control of foot-and-mouth disease”, approximating the
Council Directive 2003/85/EC of 29 September 2003 on Community measures for the
control of foot-and-mouth disease repealing Directive 85/511/EEC and Decisions
89/531/EEC and 91/665/EEC and amending Directive 92/46/EEC;
Regulation of Minister of Agriculture, Rural Development and Water Administration
“On establishing a model passport for the intra-Community movements of dogs, cats
and ferrets”, approximating the Commission Decision 2003/803/EC of 26 November
2003 establishing a model passport for the intra-Community movements of dogs, cats
and ferrets;
Regulation of Minister of Agriculture, Rural Development and Water Administration
“On the code relating to veterinary medicinal products”, approximating the Directive
2001/82/EC of the European Parliament and of the Council of 6 November 2001 on
the Community code relating to veterinary medicinal products;
Regulation of Minister of Agriculture, Rural Development and Water Administration
“On minimum standards for the protection of pigs”, approximating the Commission
Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries,
territories, zones or compartments from which poultry and poultry products may be
imported into and transit through the Community and the veterinary certification
requirements.
Concerning animal health, the national program of veterinary prophylaxis includes
vaccination of animals against anthrax, vaccination of small ruminants against Brucellosis as
well as vaccination against Classical Swine Fever. The following activities were carried out
by the Veterinary Services:
139
Anthrax: In total, 64,935 bovines and 471,528 heads of small ruminants were
vaccinated; in the reporting period 14,935 bovines and 71,528 heads of small
ruminants;
Brucellosis in Small Ruminants: in collaboration with PAZA project, the second
mass vaccination of the entire small ruminant’s population in Albania was
completed. In total, 2,470,781 sheep and goats were vaccinated; in the reporting
period, 635,724 heads were vaccinated;
Classical Swine Fever: In total, 40,819 pigs are vaccinated; in the reporting period
23,479 pigs were vaccinated.
In terms of active surveillance, in 2013, a national survey on cattle brucellosis was carried
out. In total, 8,342 bovines were sampled and the overall prevalence of brucellosis in cattle
resulted at 1.8%. In 2014, further studies will be carried out to investigate the causative
pathogen in order to define a specific disease control strategy for cattle brucellosis.
The implementation of the general surveillance system started in 2012 and it is still in its
early development and implementation phase. In 2013, in total 420 reports were filed by
private veterinarians, an increase by 30% compared to 2012. Further actions are going to be
taken in 2014 to increase the sensitivity and coverage of the system.
In the field of animal health, trainings of official veterinarians on epidemiological surveillance
and diseases notification were carried out in 12 regions.
The annual veterinary programs for veterinary prophylaxis and animal identification are
prepared. Their implementation started with the Anthrax vaccination. The implementation of
the residues monitoring program is at an early stage.
Concerning animal identification, the farm register is being updated, including identification of
small ruminants, procurement and distribution of ear tags for cattle, and update of database.
All activities are carried out in collaboration with IPA 2008 “Improving consumer protection
against zoonotic diseases – Albania” (PAZA).
Farm Register
The main activities during this period are:
The information for 2,000 farms was updated in the farm register with data from
field activities on vaccination and identification of small ruminants;
Control and correction of farm register for duplicated farms registered during first
campaign;
Training of local staff at regional and district level on farm registration procedures
and data base updates;
Registration of geographical coordinates for the most important livestock holdings,
with the greater flux of animal movement.
Small ruminant’s identification
Main activities during this period are:
140
Identification of 317,545 small ruminants replacement animals from which 210,000
sheep and 17,545 goats. In total, 1,980,000 small ruminants are identified and
registered in the database (82 % of the total);
The budget was approved to continue the identification of 600,000 small ruminates
in 2014.
Cattle Identification
In 2013, 37,270 animals were identified and registered in the database: 77,000 animals are
planned to be tagged in 2014.
Animal movement registration and update of database
The main activities during this period are:
Registration of most important livestock holdings for animal movement control;
Identification and design of animal movement flow for each of them by geographical
references;
Monitoring of animal population number through the chronological animal inventory
in the farm and their movement.
Administrative/institutional capacity of the veterinary service to keep animal diseases under
control
The organization and functioning of the Veterinary Service in Republic of Albania is
based on the Law No 10465 date 29.09.2011 “On Veterinary Service in Republic of
Albania”. The veterinary competent authority is the Veterinary Service Directory in
the Ministry of Agriculture, Rural Development and Water Administration
(MARDWA).
The Animal Health Directorate is composed by the director (OIE delegate of
Albania) and 4 specialists. The regional veterinary service is part of the Agriculture
Directories (AD) this service is administratively dependent by AD and is technically
answerable to the Animal Health Directory. The regional veterinary service consists
of 157 Official Veterinarians in 12 regions, distributed based on the administrative
division of the territory and number of animals (varies from 6 to 20 official
veterinarians per region).
Food Safety and Veterinary Institute (FSVI) is the national laboratory reference
center for animal disease diagnosis (based on article 123 of the Law No.10465).
Animal Health Department within FSVI is composed by 6 sectors covering
bacteriology, virology, parasitology, mycology, veterinary epidemiology and control
of veterinary medicinal products. In total the department has a staff of 28 persons,
out of which 23 specialists and 5 laboratory technicians. Part of the FSVI is also the
sector for production of vaccines and bio-products with 11 persons, 3 specialists and
8 laboratory technicians.
FSVI has implemented the quality management system based on the ISO
17025:2005 standard. The Department of Quality Management at FSVI is composed
by 5 specialists and 13 quality referents (one person for each sector of FSVI). For
bivalve mollusks six tests have been accredited by the General Accreditation
Directory (national accreditation body) as well as from an international accreditation
body (Accredia – national accreditation body in Italy).
141
12.3 Phytosanitary policy
The draft Law on Plant Protection is prepared, reflecting the opinions and suggestions of line
ministries. The draft Law allows the further approximation of EU acquis, increases the
monitoring capacity in the context of the reorganization of the National Food Authority and
the inspection reform.
The adoption of the draft Law will be followed by the approval of implementing legislation:
Decision of Council of Ministers on the registration rules of plant protection products,
approximating partially Regulation (EC) No 1107/2009 of the European Parliament
and of the Council of 21 October 2009 concerning the placing of plant protection
products on the market and repealing Council Directives 79/117/EEC and
91/414/EEC;
Decision of Council of Ministers on the phytosanitary quarantine inspection rules,
approximating partially the Council Directive 2000/29/EC of 8 May 2000 on
protective measures against the introduction into the Community of organisms
harmful to plants or plant products and against their spread within the Community.
Table 6: Number of inspections in BIPs for the Plant Protection and Agricultural Inputs
Inspection Sector
BIPs
PPP
PPM
PMVM
Fertilizers
Tobacco
used for
and its by-
vegetation
products
Total no. of
inspections
Bllatë
166
0
0
0
0
166
Durrësi
915
19
150
70
15
1,169
Han i Hotit
2,661
23
52
17
3
2,756
Kakavija
776
3
6
18
2
805
Kapshtica
1,179
7
6
42
48
1,282
Morina
931
0
17
1
0
949
Qafe Bote
56
0
1
9
0
66
Qafe Thane
857
17
115
1
50
1,040
Rinasi
54
0
81
0
8
143
Vlora
163
0
11
3
0
177
Total
7,758
69
439
161
126
8,553
Source: National Food Authority (NFA)
12.4 Seed and planting material
The following legal acts are being prepared:
Draft Decision of Council of Ministers “On defining the requirements for the
marketing and certification of seed potatoes”, approximating the Council Directive
2002/56/EC of 13 June 2002 on the marketing of seed potatoes;
Draft Decision of Council of Ministers “On defining the requirements for the
marketing, certification and testing varieties of beet seeds”, approximating the
Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed.
142
CHAPTER 13: FISHERIES
Key achievements
The Decision of Council of Minister No. 939, of 09.10.2013, "On Determining the Area of
Responsibility of the Ministry of Agriculture, Rural Development and Water Management
(MoARDWA)" was adopted. This Decision has transferred the management of the fisheries
sector under the responsibility of the Ministry of Agriculture, Rural Development and Water
Management (MoARDWA). The Sector of Fisheries is being re-organized, in order to
improve inspection and control mechanisms.
Among the key findings of the year 2013 Progress Report, but not only, was the
fragmentation of the fisheries sector, in terms of communication and responsibilities. The
management and inspection were in the Ministry of Environment, Forestry and Water
Management (MoEFWA), but as two separate structures and placed in different Directorates.
Management was under the responsibility of the Directorate of Fisheries, while the
inspectorate was under the responsibility of the Directorate of Environmental Control. While
the food safety field of fishery and aquaculture products were under the competence of
responsibility of the Ministry of Agriculture, Food and Consumer Protection.
Inspection and control
Implementing Regulation No 1, of 07.03.2014 "On the implementation of the law No 64 of
31.05.2012 "On Fishing" was approved.
The transfer of responsibility by the adoption of the DCM No 1068, of 02.14.2013 "On
Amendments to the DCM 719, of 20.10.2011 "On establishment, organization and
functioning of the Directorate of Fisheries and Aquaculture Services (DFAS)" resulted in the
transfer the Directorate in the dependence of MoARDWA. The transfer of the fisheries
inspectorate from the Ministry of Environment to MoARDWA is executed based on the
DCM No. 44 of 29.01.2014 "On amendments to the Decision no 719, of 20.10.2011 of the
Council of Ministers "On the establishment, organization and functioning of the Directorate
of Fisheries and Aquaculture Service". It resulted in creation of the Sector of Monitoring and
Control at the Directorate of Fisheries and Aquaculture Services (DFAS).
For the purpose of controlling of the fishing activities, MoARDWA has signed an agreement
with Fisheries Management Organization (FMO), "To preserve the ecological balance and
rational exploitation of fishery resources in Lake of Shkodra". The Ministry aims to extend
this good practice to other transboundary lakes such as the Ohrid and Prespa.
In addition, measures are taken for the division of responsibilities and tasks among
stakeholders and this has led to a collaboration between Shkodra lake fishing
inspectors/controllers and guards of FMO. Currently, fishing with illegal tools is completely
non-existent in Lake Shkodra and its water catchment basin, which is in the process of
planning for other lakes. Fishery Inspectorate is in the phase of its reorganization. Their
duties and responsibilities are under revision to enforce their role on fighting IUU fishing.
143
By Minister’s Order, in natural inland waters the fishing ban is applied successfully; Shkodra
Lake (from April – May, Order No. 101, of date 27.03.2014) and Ohrid Lake (from
November – February, Order No.1239, of date 14.11.2013). In both cases, the fishermen are
organized in FMO and are playing a positive role on fishery management aspects including
the fighting against IUU fishing. The Ministry is assessing positively the role of the FMO as
a partner on resource management in such areas. The fisherman number is limited and is
foreseen to be flexible depending on the fish resources availability in the lakes.
According to the Law 64/2012, article 21, MoARDWA has established the Central
Consultative Committee of Fisheries and Aquaculture. The Decision of Council of Ministers
No 939, of 09.10.2013, "On Determining the Area of Responsibility of the Ministry"
transferred the fisheries sector from the Ministry of Environment to MoARDWA. This
change will require amendments in the draft law on aquaculture, which is under preparation
(to be sent to line ministries for their comments).
MoARDWA is preparing a draft Decision of Council of Ministers on disbursing fingerling
and fish feed expenditure from fish farmers, in order to support aquaculture.
International agreements
Albania is a member of General Fisheries Commission for the Mediterranean (GFCM). It
contributes in different GFCM Committees/Subcommittees, related to cooperation and
reporting on several management aspects in the GFCM Multiannual Management Plan
Framework. Recently, Albania is participating in the Task-Force that contributes to GFCM
Legal Act revision, like GFCM Agreement, Rules of Procedures and Financial Rules.
Last year Albania re-established active cooperation with International Commission for the
Conservation of Atlantic Tuna (ICCAT). The Management Plan of Blue Fin Tuna Fishing
Quota (2013, 2014) has been prepared and fishing vessels are authorised for blue fin tuna
fishing according the ICCAT Recommendations and Management Plan/s compiled
accordingly. This year Fishery Authority is undertaking the proper measures to guaranty the
application of the obligation of ICCAT recommendation, such as Management Plan on
Albanian tuna’s quota fishing, Preparing and signing the Minister’s Order and Fishing Vessel
Authorization, reporting to ICCAT Secretariat through filling the proper forms, ensuring the
Inspector control/survey on tuna fishing from Authorized fishing vessel and catch data
reporting on weekly bases. The Authorized Fishing Vessel will also be closely monitored by
Authorities during their fishing, landing, data collection and data transmitting processes.
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CHAPTER 14: TRANSPORT
Key achievements
Law No 158/2013 of 10.10.2013 “On road tunnel safety” was adopted. The Inter-Ministerial
Road Safety Committee issued Decision No 1 of 20.03.2014 including a set of measures to
improve road safety. The Law No 168/2013 of 30.10.2013 “On security on ships and port”
was adopted based on the International Ship and Port Facility Security Code (ISPS Code) and
fully approximating the Directive 2005/65/EC. The Regulation (EU) No. 748/2012 and
Regulation (EU) No. 965/2012 were fully approximated in the Albanian legislation.
14.1 Inland transport
14.1.1 Road Transport
The following legal acts are adopted:
Law No 37/201437 “On some addenda to Law No 8308 of 18.03.1998 ‘On Road
Transport”, as amended. Amendments aim to improve public urban transport for
passengers and facilitate the transport operators. Law No. 8308 of 18.03.1998 “On
road transport”, as amended, regulates all forms of transport, including the public
urban transport. According to this Law, Article 10, the ticket price (tariffs) were
decided by the Council of Ministers according to Law No 7581 of 7.07.1992 “On
prices and tariffs”, as amended (Article 2). As part of the decentralisation process, the
ticket prices will from now on be decided by the municipalities, which are responsible
as well, to organise the public urban transport, decide on the transport lines, license
urban transport providers, monitor their services, etc.;
Decision of Council of Ministers No. 652 of 7.08.2013 “On additional funding in the
2013 budget approved for the Ministry of Public Works and Transport in the budget
programme ‘Road Transport”. Following this act, the budget of the Ministry of Public
Works and Transport for road construction and maintenance increased by
200,000,000 ALL (approximately 1.4 million Euro);
Decision of Council of Ministers No. 1010 of 13.11.2013 “On the appointment of the
management board of the Albanian Road Authority”. The Decision of Council of
Ministers was approved to implement the Law No. 10164 of 15.10.2009 “On
Albanian Road Authority”, Article 8(2) which stipulates that the chairperson and
members of the management board are appointed by the Council of Ministers;
Decision of Council of Ministers No. 90 of 19.02.2014 “On an amendment to
Decision of Council of Ministers No. 1010 of 13.11.2013 ‘On the appointment of the
management board of the Albanian Road Authority”. According to this Decision, the
representative of the Ministry of Finance was replaced;
Guideline of the Minister of Finance No. 8 of 17.03.2014 “On the approval of
passenger lists in the international road transport”. The Guideline implements the
provisions of the Decision of Council of Ministers No. 643 of 11.06.2009 “On
37
Pending publication in the Official Gazette.
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producing, distributing and providing tickets to road transport passengers". The
Guideline approves the template for the passenger lists in the international road
transport.
The following legal acts are being prepared for the implementation of the Law No. 118/2012
of 13.12.2012 “On the transport of dangerous goods”:
Draft Decision of Council of Ministers “On licensing criteria for institutions that train
safety advisors for dangerous goods, participants in the transport, and vehicles’
operators”;
Draft Decision of Council of Ministers “On functioning of the Inter-ministerial
Committee for the transport of dangerous goods”;
Draft Guideline of the Minister of Transport and Infrastructure “On vehicles
inspection and procedures to issue approved ADR certificates”.
The draft Decision of Council of Ministers “On the approval of the agreement between the
Council of Ministers of the Republic of Albania and the Government of Montenegro on the
reciprocal recognition of driving licences” is being prepared as well.
Concerning road safety, the following legal acts are adopted:
Law No. 158/2013 of 10.10.2013 “On road tunnel safety”;
Guideline of the Minister of Transport and Infrastructure No. 5 of 19.12.2013 “On
some amendments to Guideline of the Minister of Public Works and Transport No.
994 of 12.03.2003 ‘On the organisation and functioning of driving schools”,
decreasing the number of acceptable mistakes in the theoretical driving test from 10 to
7;
Guideline of Minister of Public Works and Transport No. 4 of 2.08.2013 “On the
approval of the tariffs for the compulsory technical control of powered road vehicles
and their trailers”. The Guideline approved new tariffs for the compulsory vehicle
inspection adjusted to the inflation rate;
Guideline of Minister of Transport and Infrastructure No. 1 of 31.03.2014 “On some
addenda to Guideline of Minister of Public Works and Transport No. 1 of 18.01.2012
“On the circulation and registration documents for powered road vehicles and their
trailers”, as amended. The Guideline stipulates that vehicle insurance contract is
required before the registration of the vehicle for the first time in the Republic of
Albania;
Guideline of the Minister of Transport and Infrastructure No 2. of 17.4.2014 “On an
amendment to Guideline No. 2 of 11.2.2010 “On technical control of road vehicles”.
According to this amendment, the compulsory technical control is performed only if
the vehicle is insured. The name of the insurer and contract number is added in the
technical control certificate issued by the provider of the compulsory technical
control.
The Inter-Ministerial Road Safety Committee met on 24.01.2014 and identified a set of
measures to improve road safety. The measures identified were approved with the Decision
of the Inter-Ministerial Road Safety Committee No. 1 of 20.03.2014, and include the
amendment to the existing legislation, improvement of the monitoring of compulsory
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technical inspection, increase of investments on national road network, installation of road
safety signs and other protective road elements, improvement of road infrastructure on high
risk spots, and protection of road infrastructure from damages, thefts, etc.
The amendments to Law No 8378 of 22.07.1998 “The Road Code of the Republic of
Albania” are prepared and submitted for comments to the line ministries. The draft
amendments aim inter alia to fully transpose the European Parliament and the Council
Directive 2006/126/EC of 20 December 2006 on driving licenses. Implementing regulations
to this law will be prepared defining rules on driving schools and training of driving students.
The Ministry of Transport and Infrastructure, Ministry of Interior and all insurance
companies signed the Agreement on the implementation of insurance legislation on
12.03.2014, stipulating that insurance companies will sponsor road safety activities such as,
strengthening the capacities of traffic police through buying equipments, awareness
campaigns on road safety issues, etc. As a part of the Agreement, the two Guidelines of the
Minister of Transport and Infrastructure No 1 of 31.03.2014 and No 2 of 17.4.2014 (shown
above) were approved.
14.1.2 Rail transport
Draft Law on railways is being prepared and is scheduled to be adopted and enter in force
within 2014. Preparation of the implementing regulations for this draft law will start in 2014.
The implementing regulations will be adopted in 2015.
14.2 Waterways transport
In the maritime transport sector, the following legal acts are adopted:
The Law No. 168/2013 of 30.10.2013 “On security on ships and port” was adopted
based on the International Ship and Port Facility Security Code (ISPS Code) and fully
approximating the European Parliament and the Council Directive 2005/65/EC of 26
October 2005 on enhancing port security.
o For its implementation, the Decision of Council of Ministers No. 209 of
9.04.2014 “On the approval of the regulation ‘On the organisation and
functioning of the security committee on the ships and open ports in the
Republic of Albania” was approved.
Law No 20/2014 of 10.03.2014 “On the accession of the Republic of Albania in the
Protocol on the Privileges and Immunities of the International Seabed Authority” was
adopted.
The following draft legal acts are being prepared and foreseen to be finalised within 2014:
Draft Regulation of the Minister of Transport and Infrastructure “On registration of
ships and seafarers”, fully approximating the Regulation (EC) No 789/2004 of the
European Parliament and of the Council of 21 April 2004 on the transfer of cargo and
passenger ships between registers within the Community and repealing Council
Regulation;
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Draft Regulation of the Minister of Transport and Infrastructure “On enhancing ship
and port security in Republic of Albania”. This draft Guideline will implement the
Law No 168/2013 of 30.10.2013 “On security on ships and ports”, partially
approximating the Regulation (EC) No 725/2004 of the European Parliament and of
the Council of 31 March 2004 on enhancing ship and port facility security;
Draft Regulation of the Minister of Transport and Infrastructure “On ships monitoring
system (VTS)” fully approximating the European Parliament and the Council
Directive 2002/59/EC of 27 June 2002 establishing a Community vessel traffic
monitoring and information system and repealing Council Directive 93/75/EEC.
An Action Plan, prepared to address the recommendations of the 2013 EC Progress Report, is
being implemented in order to fulfil the criteria to sign the Paris Memorandum of
Understanding on Port State Control.
Concerning enhancement of administrative capacities, the staff of the Unit of Maritime
Transport Policies at the Ministry of Transport and Infrastructure and the Maritime
Administration as a potential candidate country participated in the following trainings
organised by the European Maritime Safety Agency (EMSA) in Lisbon, Portugal:
ISM simulated audit on passenger ships, 14 – 15 January 2014;
2010 Manila amendments to the STCW convention, 29 – 31 January 2014;
Flag State implementation, 25 – 26 February 2014;
Ship security course, 8 – 9 April 2014.
Participation in the training on Air Emissions, to be organised by EMSA on 21 and 22 May
2014, in Lisbon, Portugal, is planned as well.
The General Maritime Directorate and the Albanian Register of Shipping carried out the
following joint inspections:
From 1 January 2013 to 31 December 2013, 31 inspections and 4 detentions;
From1 January 2014 to 30 April 2014, 8 inspections and 1 detention.
14.3 Air transport
The following legal acts are adopted:
Order of the Minister of Transport and Infrastructure No. 149 of 7.04.2014 “On the
approval of the rules on implementing the airworthiness and environmental
certification of aircraft and related products, parts and appliances, as well as for the
certification of design and production organisations”, fully transposing the
Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down
implementing rules for the airworthiness and environmental certification of aircraft
and related products, parts and appliances, as well as for the certification of design
and production organisations;
Order of the Minister of Transport and Infrastructure No. 150 of 7.04.2014 “On the
approval of the Regulation for the safety assessment of foreign aircraft, operating in
international airports of the Republic of Albania – SAFA”, based on the
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recommendations of the European Aviation Safety Agency (EASA). The Regulation
defines rules on the flying activities carried out in the Republic of Albania managed
by flying operators registered in one of countries part of the ICAO, and is applied on
aircrafts registered in a third country;
Order of the Minister of Transport and Infrastructure No. 151 of 9.04.2014 “On
approval of the Regulation on technical requirements and administrative procedures
for air operations”, fully transposing the Commission Regulation (EU) No 965/2012
of 5 October 2012, laying down technical requirements and administrative procedures
related to air operations pursuant to Regulation (EC) No 216/2008 of the European
Parliament and of the Council. The Regulation defines rules on the commercial air
transport, with airplanes or helicopters, inspections of aircrafts belonging to foreign
operators registered in a third country, if they land in one of the airports in the
Republic of Albania.
The following draft legal acts are being prepared:
Draft Law on some amendments to Law No 10233 of 11.02.2010 “On the Civil
Aviation Authority”, aiming to increase the functional independence to the institution
and strengthen the safety inspection and control capacities;
Draft Guideline of the Minister of Transport and Infrastructure that aims to transpose
Commission Regulation (EC) No 279/2009 of 6 April 2009 amending Annex II to
Directive 2005/36/EC of the European Parliament and of the Council on the
recognition of professional qualifications;
Draft Order of the Minister of Transport and Infrastructure that aims to transpose the
Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5
July 2006 concerning the rights of disabled persons and persons with reduced
mobility when travelling by air;
Draft Guideline of the Minister of Transport and Infrastructure that aims to transpose
the Commission Regulation No. 1108/2009 (EC) of the European Parliament and of
the Council of 21 October 2009 amending Regulation (EC) No 216/2008 in the field
of airports, air traffic management and air navigation services and repealing Directive
2006/23/EC.
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CHAPTER 15: ENERGY
Key achievements
The Council of Ministers issued three loan guarantees to Albanian Power Corporation S.A.
(KESH S.A.) to allow it to purchase electricity. Active measures were taken to improve bill
collection and improve the financial situation of KESH S.A. and CEZ S.A.. The oil
production increased by 18% in 2013 compared to 2012. The number of privately built and
operated HPPs arrived at 44. Active measures were taken to improve the financial situation
and management of CEZ S.A.. The General Directorate of Strategic Energy Planning of the
Ministry of Energy and Industry was set up, with a staff of 27 employees compared to just
seven experts before September 2013. The Decision of Council of Ministers No 123 of
5.03.2014 “On the set up, composition and form of organization, operation, remuneration of
the Radiation Protection Commission” was approved. The preparations for the approximation
of the third Energy Package are at an advanced stage.
15.1 Security of supply
Aiming to provide to Albanian Power Corporation (KESH) S.A. the necessary funding to
purchase electricity to achieve and maintain security of supply, the Council of Ministers
adopted the following Decisions:
Decision of Council of Ministers No 1101 of 28.12.2013 “On the approval of the
public guarantee issued in favour of Raiffeisen Bank Albania S.A., in the framework
of the conditions of the credit contract between this Bank and the Albanian Power
Corporation (KESH) S.A.. According to this Decision, the Council of Ministers
issued a state guarantee to Raiffeisen Bank worth 40 million Euro for the loans that
this Bank provided to KESH S.A.;
Decision of Council of Ministers No 1102 of 28.12.2013 “On the approval of the
public guarantee issued in favour of Intesa San Paolo Bank Albania S.A., in the
framework of the conditions of the credit contract between this Bank and the
Albanian Power Corporation (KESH) S.A. According to this Decision, the Council of
Ministers issued a state guarantee to Intesa San Paolo worth 4.2 billion ALL
(approximately 30 million Euro) for the loans that this Bank provided to KESH S.A.;
Decision of Council of Ministers No 26 of 22.01.2014 “On the approval of the public
guarantee issued in favour of Intesa San Paolo Bank Albania and Societe Generale
Bank Albania, in the framework of the conditions of the credit contract between these
Banks and the Albanian Power Corporation (KESH) S.A.. According to this Decision,
the Council of Ministers issued state guarantees to Intesa San Paolo Bank worth 1
billion ALL (approximately 7.1 million Euro) and to Societe Generale Bank worth 6
million Euro.
In order to improve the financial situation of the entire power system, the following legal acts
were approved:
Decision of Council of Ministers No 1086 of 14.12.2013 “On the set up of Task-Force
for improving the bill collection rate and lowering the level of losses in the power
distribution network”;
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Decision of Council of Ministers No 198 of 3.04.2014 “On the approval of the sums
for the wipe out through compensation of the obligations between budgetary and nonbudgetary institutions that are financed through the public budget, KESH S.A., CEZ
Distribution S.A. and Ministry of Finances.
Activity of the Task-Force, bill collection rate and level of losses for 2013 including January
– February 2014, are described in detail in the Albanian input to the Fifth Subcommittee on
Transport, Energy, Environment and Regional Development, submitted to EC services on
14.04.2014.
Concerning the construction of new power lines and activities in the gas sector, aiming to
diversify and increase security of supply in Albania and in the region, please see Chapter 21:
Trans European Networks.
In the oil and gas sector, the following legal acts were adopted:
Law No 183/2013 of 28.12.2013 “On an amendment to the Law 7811 of 12.04.1994
“On the approval with some amendments of the Decree No 782 of 22.02.1994 “On
the fiscal system in the hydrocarbons sector (exploration – production)”. The Law
repealed the Article 4 of the Decree that excluded the employees of foreign oil
companies from the payment of income tax;
Joint Guideline of Minister of Finance and Minister of Energy and Infrastructure No
673/2 of 28.01.2014 “On deciding the list of goods and services used in the
exploration phase of hydrocarbons operations from the exploration companies, which
are excluded from the payment of VAT, and exclusion procedures”.
The total crude oil production in Albania in 2013 (Albpetrol, Bankers Petroleum Albania
Ltd., Stream Oil & Gas and Transoil Group) arrived at 1,205,538tons from 1,021,031 tons
produced in 2012, or an 18% increase.
Petromanas Albania GmbH and Shell International are carrying out exploration in Blocks 2
and 3. In January 2014, the companies declared a new exploration in well Shpiragu 2 located
near Berati. The well was tested and it produced around 250 tons crude oil daily accompanied
by 100,000 m3 gas daily.
In the period 2007 – 2013, 44 hydropower plants built by private companies were put into
operation, with 197,632 kW installed capacity in total.In total, in the same period, 162
concessions are awarded so far, for the construction of medium and small hydroelectric
power plants (HPPs), with an installed capacity of around 770 MW. The construction of these
HPPs is seen as key to increase security of supply and the share of renewable energy
produced and used in Albania.
Regarding the Oil Stock obligation, as regulated by Article 9 of Law No 8450 of 24.02.1999
“On the processing, transport and trade of oil, gas and their by-products”, as amended, 50
Orders of Minister of Energy and Industry were issued on 30.12.2013, based on the average
selling reports of 2012 prepared by wholesale trades company. In 2014, the wholesale
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companies are obligated to store as Oil Stock reserve the fuel quantities shown in the table
below:
Fuel type
Quantity (in tons)
Vehicles petrol
22,075
Gasoil
116,197
Solar
5.564
Liquefied petroleum gas
23,425
Aircrafts petroleum
4
Fuel for aircrafts
2,349
Crude Oil
866
TOTAL
170,479
Source: Ministry of Energy and Industry
According to Order of Minister of Energy and Industry No 115 of 25.11.2013, a working
group was established to monitor the compliance of wholesale trades with the legislation in
force. At the end of the monitoring, the working group concluded that this obligation was
generally respected.
Upon the Order of Prime Minister No 233 of 2.12.2013 “On establishing an inter-institutional
work group for the review of the legal and institutional framework on keeping and managing
the oil, gas and their byproducts safety reserves”, a work group was set up to prepare the
legal amendments for the full transposition of the Council Directive 2009/119/EC of 14
September 2009 imposing an obligation on Member States to maintain minimum stocks of
crude oil and/or petroleum products.
15.2 Energy market
The following strategies/ laws are being prepared:
Draft National Energy Strategy is being prepared by a work group set up by the Order
of Minister of Energy and Industry No 29 of 17.01.2014. The new Strategy aims to
define the main challenges, goals and actions for the period 2015 – 2030. The draft
Strategy shall take into account the construction of TAP Pipeline, as well;
Draft Power Sector Law is being prepared by a work group set up by the Order of
Minister of Energy and Industry No 27 of 17.01.2014. The goal is to align the
Albanian legislation further with the EU acquis and to fully transpose the Third
Energy Package. The draft Power Sector Law is scheduled to be submitted for
endorsement to the Council of Ministers in June 2014.
Draft Power Market Model Law is being prepared in accordance with the principles
of the draft Power Sector Law and in compliance with the Third Energy Package;
Draft amendments to Law No 9946 of 30.06.2008 “On Gas Sector” are being
prepared in order to transpose the Third Energy Package.
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Concerning the administration of CEZ Distribution S.A. and the resolving of the conflict
between the Government of Albania and CEZ, the following legal acts were approved:
Decision of Council of Ministers No 969 of 25.10.2013 “On the set up of the work
group to resolve the disagreement between the Republic of Albanian and CEZ
company S.A.”;
Decision of the Albanian Power Regulator (ERE) No 116 of 7.10.2013 “On the
amendment of the Regulation “On the procedures for the appointment of the
administrator and his powers, implementing Article 18(4)(c) of Law No 9072 of
22.05.2003 “On the electricity sector”, adopted by the Decision of the Board of
Commissioners of ERE No 1 of 10.01.2013”;
Decision of the Albanian Power Regulator (ERE) No 117 of 8.10.2013 “On the
initiation of procedures for the selection and appointment of the interim administrator
of the CEZ Distribution S.A.”;
Decision of the Albanian Power Regulator (ERE) No 118 of 18.10.2013 “On the
appointment of the interim administrator of the CEZ Distribution S.A.;
Decision of the Albanian Power Regulator (ERE) No 9 of 6.02.2014 “On an
addendum to the Regulation “On the procedures for the appointment of the
administrator and his powers, implementing Article 18(4)(c) of Law No 9072 of
22.05.2003 “On the electricity sector”;
Decision of the Albanian Power Regulator (ERE) No 13 of 3.03.2014 “On the request
of the Transmission System Operator (OST) S.A. for the termination of agreements
on the participation in the market, signed between “CEZ Trade Albania” ltd and OST
S.A.-OT and the retreat from the power market of the “CEZ Trade Albania”.
Regarding the administrative capacities, the Ministry of Energy and Industry was established
in September 2013. The field of activity and the subordinated institutions were laid down by
the Decision of Council of Ministers No 833 of 18.09.2014 “On determining the field of
public responsibilities of the Ministry of Energy and Industry” and Decision of Council of
Ministers No 840 of 27.09.2013 “On an amendment and an addendum to Decision of Council
of Ministers No 833 of 18.09.2014 'On determining the field of public responsibilities of the
Ministry of Energy and Industry”.
The General Directorate of Strategic Energy Planning of the Ministry of Energy and Industry
was set up (with a staff of 27 employees compared to just seven experts before September
2013).
The General Directorate is structured based on three Directorates:
1. Directorate of Policies and Electro Energy Development (10 employees)
Unit of Policies and Electro Energy Development
Unit of Permits and Electro Energy Monitoring
2. Directorate of Policies and Hydrocarbons Development (11 employees)
Unit of Oil Policies and Development
Unit of Gas Policies and Development
Unit of Permits and Hydrocarbons Monitoring
3. Directorate of Renewable Resources and Energy Efficiency (5 employees)
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The General Directorate of Strategic Energy Planning is supported by the other units of the
Ministry such as the Legal Directorate, Directorate of Integration and Projects and
Directorate of Concessions, Procurement, Expropriations and Privatisation.
Concerning the functioning of the Albanian Power Regulator, the Albanian Parliament took
the following Decisions:
Decision of the Parliament No 52/2013 of 10.10.2013 “On the appointment of the
Head of Board of Commissioners of Albanian Power Regulator (ERE)”;
Decision of the Parliament No 6/2014 of 6.02.2014 “On the appointment of a member
of the Board of Commissioners of Albanian Power Regulator (ERE)”;
Decision of the Parliament No 7/2014 of 6.02.2014 “On the appointment of the Head
of the Board of Commissioners of the Albanian Power Regulator (ERE)”.Data on the
activity of ERE regarding licensing are presented in the table below.
Activity
No of approved licenses
Electricity production
11
Electricity qualified supplier
4
Traders
9
Modification of an existing license
7
Renewal of an existing license
2
Total
33
Source: ERE
For electricity production, ERE licensed in 2013, 11 private companies which owned
concessions to build 17 hydropower plants (HPPs) with a total installed capacity of 20.534
MW, from which:
Nine with a total capacity up to 1MW;
Eight with a total capacity up to 5 MW.
Another electricity production company is in licensing process for a hydropower plant (HPP),
with an installed capacity of 2.5 MW.
In total, ERE approved in 2013, 150 decisions. Regarding international relations, Albania
participated in the meeting of Energy ministers of the countries involved in the Ionian
Adriatic Pipeline project (IAP project) held in Zagreb, Croatia on 26.09.2013.
Further, the Minister of Energy and Industry of Albania and the Minister of Economy of
Kosova signed on 29.03.2014 a Memorandum of Understanding on cooperation in the energy
sectors.
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15.3 Energy Efficiency and Renewable Energy Sources
Concerning energy efficiency the draft Law on Energy Efficiency is being prepared aiming to
fully transpose Directive 2012/27/EU of the European Parliament and of the Council of 25
October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and
repealing Directives 2004/8/EC and 2006/32/EC. Assistance from the Energy Community
Secretariat is provided in the drafting process.
In order to achieve full transposition of this Directive, the Ministry of Energy and Industry is
preparing as well the legal acts to amend Law No 9643 of 20.11.2006 “On public
procurement”, as amended and to fully transpose the Directive 2010/30/EU of the European
Parliament and of the Council of 19 May 2010 on the indication by labelling and standard
product information of the consumption of energy and other resources by energy-related
products and Directive 2010/31/EU of the European Parliament and of the Council of 19 May
2010 on the energy performance of buildings.
The drafting of the Energy Building Code will start assisted by the experts of the European
Bank for Reconstruction and Development and the Energy Community Secretariat. The first
meeting between the Albanian and EBRD experts will take place on 8.05.2014.
The 1st National Energy Efficiency Action Plan adopted in 2011 is being implemented. The
National Agency of Natural Resources (AKBN) is preparing a relevant EE Action Taken
Report for the 1st NEEAP. The 2nd NEEAP is under preparation by Ministry of Energy and
Industry. Concerning renewable energy sources, the Law No 26/2014 of 20.03.2014 “On
some amendments to Law No 138/2013 of 2.05.2013 “On renewable energy sources” was
adopted postponing the entry into force of the Law No 138/2013 of 2.05.2013 till 1.01.2015.
The Law No 9876 of 14.02.2008 “On the production, transportation and trade of biofuels and
other renewable fuels, for transport” is being revised. The draft National Renewable Energy
Action Plan is being prepared.
15.4 Nuclear safety and radiation protection
In the field of radiation protection, the Decision of Council of Ministers No 123 of 5.03.2014
“On the set up, composition and form of organization, operation, remuneration of the
Radiation Protection Commission” was approved. The Decision defines the composition and
functioning of the Radiation Protection Commission (RPC) with a four-year term. Institutions
represented in this Commission are the Ministry of Health, Institute of Public Health,
Institute of Applied Nuclear Physics, Authority of Electronic and Postal Communications,
and five experts.
RPC approved the request No 4935 of 8.11.2013 “On the application for a license to operate
ionising radiation sources with X-ray generators, in human dental radiography”.
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RPC has prepared as well, the draft decision of Council of Ministers “On the approval of the
Regulation on the basic standards of radiological installations in medicine”. The draft will be
sent for opinion to line ministries.
Regarding nuclear safety, the National Nuclear Agency (NNA) completed the 2013
Programme. The NNA implemented successfully the IAEA TC Europe 2012 – 2013 National
Project “Supporting a Safe and Sustainable Electricity Supply in Albania”. In the framework
of the Project, a Feasibility Study was prepared, describing the future long-term energy (and
electricity) scenarios for Albania, as well as the possible ways to meet the increasing energy
demand. The Study took into account the establishment of a regional electricity market and
the possibilities that it offers to Albania as an active player.
Several additional activities were carried out in the framework of this Project, involving
representatives from specialised national and international institutions.
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CHAPTER 16: TAXATION
Key achievements
The Ministry of Finance and General Directorate of Taxation are focused on the
approximation of fiscal legislation with acquis aiming at reducing the tax burden for
businesses and individuals, expanding the tax base, formulation of tax policies that support
economic and social development in Albania and encourage the formalization of the
economy. The replacement of the existing information system with a new, more modern
system, through the “E-Taxation” project, will re-design within a short time all the processes
of Tax Administration, replacing outdated systems key transactions. The E-Taxation project
aims to aligne the tax administration operations with EU best practices and Tax blueprints.
The administrative cooperation and mutual assistance as well as the efficiency of the internal
system of anticorruption and tax investigation are increased.
In the field of taxation, during the reporting period, the following legal acts were approved:
Law No. 178/2013, dated 28.12.2013 “On some changes and amendments to Law No.
9975, dated 28.07.2008, “On National Taxes”, as amended;
Law No. 177/2013, dated 28.12.2013 “On some changes to Law No. 8438, dated
28.12.1998 “On income tax”, as amended;
Law No. 181/2013, dated 28.12.2013, “On some amendments and changes to Law
No. 9632, dated 30.10.2006, “On Local Tax System”, as amended;
Law No. 184/2013, dated 28.12.2013, “On some changes and amendments to Law
No. 10383, dated 24.02.2011, “On compulsory health care in the Republic of
Albania”;
Law No. 182/2013, dated 28.12.2013 “On some amendments and changes to the Law
No. 7928, dated 27.04.1995, “On VAT”, as amended;
Supply of medicine and health care are excluded from VAT starting from April 1,
2014. This is a new tax policy in the VAT field regarding medicine and health
services. The health care service excluded from VAT is relevant to approximation
with Council Directive 2006/112/EC.
In Hydrocarbons Sector, the exemption from VAT for imports of goods and domestic
supplies by contractors and subcontractors in the development stage has been
removed (but not imports and domestic supplies for the research stage). This is
relevant to approximation with Council Directive 2006/112/EC.
Law No. 179/2013, dated 28.12.2013 “On some changes and amendments to Law
No. 9920, dated 19.05.2008 „On Tax Procedures in the Republic of Albania“, as
amended;
Law No. 180/2013, dated 28.12.2013 2 “On some changes and amendments to law
No. 61/2012 “On excise in the Republic of Albania”.
The changes in this law, revise the level of excise duty for a wide range of products,
namely: cigarettes, tobacco, beer, alcoholic beverage by raising the rate and aiming to
gradually achieve the rate of Council Directive 2008/118/EC.
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In the Hydrocarbons Sector, the exemption from excise duty for imports of petroleum
products used for their needs by oil exploration companies was removed. This change
aims the approximation with Council Directive 2008/118/EC of 16 December 2008.
Decision of Council of Ministers (DCM) No. 866, dated 30.9.2013 “On repealing the
DCM No. 671, dated 07.08.2013 “On some additions to DCM No. 180, dated
13.02.2013 “On determining the list of machinery and equipment that are directly
related to the investment and procedures of the relevant exceptions”;
DCM No. 113, dated 05.03.2014 on the proposal of the draft law “On an amendment
to Law No. 9920, dated 19.05.2008 “On Tax Procedures in the Republic of Albania”
as amended;
The provisions of this law are part of the legal changes relating to Transfer Pricing,
regarding the penalties and sanctions when a taxpayer does not fulfil the obligation
for submitting the documentations.
DCM No. 112, dated 05.03.2014 on the proposal of draft Law “On some amendments
to Law No. 8438, dated 28.12.1998 “On Tax Income”, as amended;
This law provides legal changes relating to Transfer Pricing aiming to improve the
legal framework and efficiency of the tax administration focused on international
taxation procedures, paying special attention to transfer pricing.
Guideline of the Ministry of Finance No. 8/2, dated 23.08.2013, “On a change to
Guideline No. 26, dated 04.09.2008, “On National Taxes”, as amended;
Guideline of the Ministry of Finance No. 27, dated 25.11.2013 “On the form of the
Declaration and Payment Tax Form on Gambling”;
Guideline of the Ministry of Finance No. 32, dated 31.12.2013, “On simplified profit
tax of small business”;
Guideline of the Ministry of Finance No. 2, dated 17.01.2014, “On some amendments
to instruction No. 26, dated 04.09.2008, “For National Taxes”, as amended;
Guideline of the Ministry of Finance No. 4, dated 25.01.2014 „On some amendments
and changes to the Guideline No. 24, dated 02.09.2008 „On Tax Procedures in the
Republic of Albania“, as amended.
The joint Guideline of Ministry of Finance and Ministry of Energy and Industry No.
673/2, dated 28.01.2014 “For determining the list of goods and services used in the
implementation of research phase of the operation’s hydrocarbons from hydrocarbon
exploration companies, which are exempt from paying VAT, as well as exemption
procedures”;
Guideline of the Ministry of Finance No. 6, dated 27.02.2014 “On some amendments
and changes to the Guideline No. 17, dated 13.5.2008 “On VAT”, as amended. Under
this Guideline, it was amended point 20, which defines and gives in detail every step to
be followed by the Regional Taxation Directorate and Treasury Branches, in order that
the procedure of reimbursement to be fulfilled within the legal deadlines;
Guideline of the Ministry of Finance No. 2/1, dated 12.03.2014 “On a change to
Guideline No. 26, dated 04.09.2008, “On National Taxes”, as amended;
Guideline of the Ministry of Finance No. 8, dated 17.03.2014 “On approval of the list
of passengers travelling on international road transport”;
Guideline of the Ministry of Finance No.10, dated 18.03.2014, “On Determination of
the Technical Specifications of the Stamp Tax”;
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Guideline of Ministry of Finance No. 6/1 dated 17.03.2014 “On some amendments
and changes to the Guideline No. 17, dated 13.5.2008 “On VAT” as amended.
Since March 2014 the draft law on VAT is published at the websites of the Ministry of
Finance and of the General Directorate of Taxation to be consulted by all the interested
parties. The law is drafted in accordance with Council Directive 2006/112/EC of 28
November 2006 on the common system of value added tax. A twinning project with the
French Tax Administration, funded by the EU under IPA 2007, contributed to the draft. The
draft law is planned to enter into force on 1.1.2015. Meanwhile, the Technical Directorate at
the General Directorate of Taxation, with the support of the Ministry of Finance, has started
working on the draft VAT Instruction.
Regarding the reimbursement of VAT, according to Law No. 182/2013, dated 28.12.2013,
was added paragraph 6 in article 50 of Law No. 7928, dated 27.04.1995 “On VAT”. Under
this provision, starting from 01.01.2014, within 60 days from the date of the request
presented by the taxpayer, and after the Regional Tax Directorate audits and approves the
credit balance of the taxpayer as a refundable one, the payment of the refundable credit
balance is carried out from the treasury system, based on rules defined in the Instruction of
the Minister of Finance.
Pursuant to DCM No. 50, dated 05.02.2014 “On the approval of strategy for the prevention
and settlement of overdue liabilities of the action plan” and the Minister of Finance
Instruction No. 5, dated 27.02.2014 “On the settlement of overdue liabilities”, the General
Directorate of Taxation has identified all the taxpayers to whom the amount of VAT has not
been reimbursed. In this context there are 466 approved requests for reimbursement, valuable
to EUR 52.376.099, and 131 non approved requests, valuable to EUR 23.503.658. During
March 2014, the Ministry of Finance scheduled and sent to the Regional Taxation Directorate
the amount available for the repayment of arrears (VAT refund) under the principle: First InFirst Out.
In the framework of administrative cooperation with Kosovo, the Agreement signed between
the Council of Ministers of the Republic of Albania and the United Nation Mission in
Kosovo „On behalf of the Provisional Institutions of Self-Government in Kosovo, ratified by
the Parliament with Law No. 9351, dated 03.03.2005, was renegotiated and signed in
28.03.2014 by both parties. In the renegotiated agreement was determined that the entry into
force of the agreement abrogates the previous. The ratification procedures have started and
are expected to be completed in September 2014.
For the respective period, the flow addressed to the Taxpayer Advocate has increased,
which shows the increasing confidence for the business, as well as stronger government
support for this structure, and continuous improvement of business climate.
Concerning the Taxpayer Advocate, during the reporting period, 74 issues were submitted by
the taxpayers and treated with an in-depth investigation procedure. From them 53 cases were
subjected to a procedure or practice review.
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On the Taxpayer Service, the trend of increasing the number of statements completed
continues to be constant. During this period, the total number of the statements completed is
621.000 (VAT, health insurance, Income from employment). Comparing the data with the
same of the previous period, there is an increase of 9% (567.000 statements).
According to the amendments of the Criminal Code (entered into force in June 2013), as
regards the fight against tax fraud and tax evasion, the Tax Investigation Directorate has
undertaken criminal proceedings of criminal offenses for concealment incomes and the
creation of VAT fraud schemes. During September 2013-April 2014, were referred to the
prosecutor:
15 cases for concealment of income under Article 180 of the Criminal Code.
6 criminal cases for creating fraud schemes of VAT in accordance to Article 144/a of
the Criminal Code.
On the fight against corruption, the Internal Investigation Directorate (within the GDT) has
proposed a series of measures with the following motivations:
Referred to the Prosecutor, 6 (six) employees for dereliction of duty, with economic
consequences, to the detriment of the institution;
For 9 (nine) employees, it is proposed disciplinary measure “Remarks to leave the
Civil Service”;
For 15 employees, are proposed different disciplinary measures;
10 dossiers are in the process, of which four in the process folder (in court and
investigation).
The Tax Administration started in March 2014 the compulsory training for new employees,
pursuant to the provisions of Law No. 152/2013, dated 30.05.2013 „On civil service“. The
training will continue during April-May, according to the approved program, in collaboration
with the Training Academy. 182 new employees and 40 senior and secondary officials are
attending this training.
Regarding the Information Technology, the developments during the reporting period are as
follows:
Development and Maintenance of the existing Systems:
- Implementation of the Simplified Profit Tax;
- The requests of the users of the simplified profit tax were drafted;
- Programs were developed for generating and evaluating the statements
instalments;
- Programs were drafted for the electronic declaration of taxes.
The project of the new tax system E-Taxation:
- Business groups were created. These business groups have worked on the project
to analyze the expectations and specify functional requirements of the new
system.
- The scheme is designed for the installation of hardware for the new system.
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-
It has started the work on technical configurations and performance tests in
connection with the System Hardware to New servers (on both sites).
The project staff, is working to implement the four taxes that will be included in the new tax
system. Setting the Four Taxes on the new electronic system, which have a significant weight
in the total tax revenue, guarantee the full information in time for the GDT related the
amount, nature and the data of the taxpayers which contribute to the scheme.
These taxes are:
Individual income statement
Gambling
Small Businesses Tax
Minerals Rent
In February 2014, a project office was created in GDT for the coordination of the project
work for E-Taxation. Some tests for some changes on the application form for the four primer
taxes, requested by the GDT and approved by the project steering committee, were also
carried out.
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CHAPTER 17: ECONOMIC AND MONETARY POLICY
Key achievements
The monetary policy during 2013 and the first quarter of 2014 had a stimulating approach
through the continued reduction of the policy rate, bringing it down to 2.75% at end of
February 2014. In the last 6 months the forward guidance policy of the central bank has been
more pronounced, transmitting to the public the foreseen accommodative path of monetary
policy throughout the year. The decisions were based on the assessments of weak inflationary
pressures in the economy and negative output gap in the medium term horizon. Bank of
Albania (BoA) has continued to provide liquidity to the banking system via its regular reverse
repo operations with a maximum maturity of three months. The interbank rates have followed
closely the movements of the policy rate, hence being in line with Bank of Albania
operational target. The overall picture of monetary and financial developments shows
contained inflationary pressures in the medium term.
17.1 General directions
The main objective of the monetary policy of the Bank of Albania is to achieve and maintain
price stability. In quantitative terms, the Bank of Albania aims at a consumer price inflation
of around 3.0% over the medium term, with a tolerance band of +/- 1pp.
The monetary policy framework is laid down in the Monetary Policy Document, which is
published every three years (the most recent is for 2012-2014). Monetary policy decisions are
based on the deviations of forecasted inflation from the inflation objective and the balance of
inflationary pressures for the future. To this end, the Bank of Albania employs a
comprehensive set of economic and financial indicators. The current monetary policy
framework entails a free exchange rate regime.
17.2 Monetary Policy
Weak inflationary pressures continued to be dominant in the second half of 2013 and the first
months of 2014. Average annual inflation resulted 1.5% in the third and the fourth quarter of
2013, down from 2.5% and 2.2% in the first and the second quarter of 2013 respectively. The
decline in inflation was mainly due to the deceleration of food inflation. In the first quarter of
2014, average annual inflation increased slightly to 1.9%, driven mostly by the increase in
agriculture prices and non-food inflation. Also, the effect of some fiscal measures (the
increase of the excise and turnover taxes for some goods), entering into effect in 2014, has
not been fully transmitted into prices so far, possibly as a result of the already low demand
and the inclination of businesses to maintain market shares.
The slow growth of consumer prices in the second half of 2013 and in the first months of
2014 continues to reflect the persistently low demand for goods and services and the further
deepening of output gap. The impact of supply factors on inflation has also been mostly on
the downside during this period. Imported inflation has decreased, due to lower inflation in
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Albanian trading partners, lower growth or decline of commodity prices in international
markets, and a stable exchange rate. The increase in domestic agricultural production has
contributed to lower growth of food prices. The cost-push inflation has also been contained
due to low labour costs, production costs, and profit margins.
BoA’s monetary policy has been on an easing cycle since the end of 2011. Given the
decreasing trend of inflation, made more evident in the beginning of 2013, BoA increased the
monetary stimuli into the economy. Following its decrease in January 2013, the base rate was
lowered again in July, November, and December 2013, by 0.25 pp in each move, and was
brought to 3.00% at the end of the year. In response to the low inflationary pressures and to a
slow projected increase of prices through the forecasting horizon. BoA decreased the base
rate again in February 2014, bringing it down to 2.75%. Parallel to interest rate cuts, BoA has
continued its liquidity injections in the market, providing longer-term facilities besides the
main instrument - the 7-days reverse repo. Finally, Boa has also employed forward guidance
in its monetary policy communication to the public by providing a clearer statement on the
future stance of monetary policy. This has enabled a firmer anchoring of inflation
expectations in 2013 and beyond, thus avoiding stronger deviations of inflation from BoA’s
objective.
The ample liquidity in the market and the low inflation premium have facilitated the fast
transmission of base rate changes in other segments of the market. So far, the transmission
has been complete in the interbank market, in the primary market for government securities,
and in the interest rates of commercial bank deposits. On the other hand, lending rates have
been relatively rigid for most of 2013. However, with the intensification of the monetary
stimuli and the persistent decrease of other interest rates, they showed a stronger reflection of
the monetary easing signals in the second half of 2013. This trend has continued further in the
first quarter of 2014.
The transmission of the monetary stimuli in the real economy has proven difficult so far. This
has been hampered by the high uncertainties perceived by both the private sector and banks.
The demand for loans has been evidently lower in 2013, while banks continued their careful
approach towards lending. BoA has employed several macro-prudential instruments and has
initiated some legal and regulatory changes (explained in the next section). These measures
aimed to increase the supply of credit by: directly encouraging banks to increase lending,
facilitating the resolution of NPLs, and improving the health indicators of the banking
system.
Looking ahead, BoA’s economic projections indicate the presence of low inflationary
pressures in the foreseeable future. This entails the maintenance of the easing stance of
monetary policy, so as to ensure the fulfilment of the inflation objective in the medium run,
while stimulating the domestic demand.
In the framework of TAIEX instrument, the Monetary Policy Department (MPD) staff
participated in a TAIEX seminar on “Applied European Union Economic Policy related to
the Economic and Monetary Union Legislation for officials from EU candidate countries and
potential candidates”. This activity was organized by the European Commission at the end of
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November 2013, in Vienna Austria. The goal was to acquaint the participants on the
regulations and policies of the Economic and Monetary Union. The lecturers shared the
experience of the successful accession and convergence programs of the latest members of
the Union. The program participants discussed the different stages of the accession
procedures of the countries represented.
17.3 Economic Policy
Addressing the request on Subcommittee on Economic and Financial Issues and Statistics
meeting 2013, Albania officially submitted the EFP 2014 – 2016 on 31st of January 2013.
The EFP 2014-2016 was approved by Decision of Council of Ministers No.33 on 29th of
January 2014 “On the approval of the Economic and Fiscal Programme 2014 – 2016”. The
EFP 2014 indicates some of the main downside and upside risks surrounding the baseline
scenario, and quantifies these risks in two alternative scenarios.
During the period September 2013- April 2014, Bank of Albania has continued to apply the
stimulating macro prudential policies toward lending, which have been in place since May
2013. The macro prudential measures have helped impeding the further increased of the NPL
ratio, but have proved little impact to generate new lending activity due to the subdued
lending demand and the overall uncertainties perceived from economic agents and banks. The
still high NPL ratio continues to burden balance sheets of the banking system.
On 18 April 2013, the Parliament of the Republic of Albania adopted the Law No 122/2013
“On some amendments in the Civil Procedure Code of the Republic of Albania improving the
process of collateral Execution; based on the proposal of BoA and banks. The changes
entered into force on 1 September 2013.
The Council of Ministers, on proposal of the Ministry of Finance (hereinafter MF) sent to the
Parliament, with a Decision dated 5 February 2014, a proposal for changes to the Law
No.8438, dated 28.12.1998, “On Income Tax”, aiming to incentivize and facilitate the write
off of bad loans and improve banks' financial activity. BoA introduced obligatory measures
on banks for the write off of bad loans which are expected to come in force at the end of the
year. All these measures are expected to have an impact, both in the resolution of NPLs and
in the statistical improvement of its figure.
The situation of public finance remains critical, particularly the elevated public debt level,
nevertheless some recent positive developments seems to have improved somehow the
overall fiscal picture.
Total revenues increased by 8.7% during the last quarter of 2013 compared to the same
quarter of 2012. Tax and customs revenues experienced a growth of about 15.6% during the
last quarter 2013 in annual terms. This is a considerable improvement compared to the trend
of the first three quarters. Total revenues and especially revenues from tax and customs were
sharply reducing during the first nine months of 2013, respectively by -3.8% and -6.5% in
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annual terms. Part of this increase, particularly in December 2013, is probably driven by preenforcement effects of the increased tax rates enforced in 1st of January 2014.
Nevertheless, it still reveals a turning point as regards tax collections, which is highly crucial
for the public finances as well as the overall macroeconomic stability. Furthermore, other
kinds of current budget revenues (i.e. revenues from local power and social contributions)
have performed better during the last quarter. Total revenues and tax and customs revenues in
terms of GDP were respectively 26.9% and 19.7% in the last quarter and 24.2% and 17% for
the entire 2013, up from 23.3% and 16% of GDP resulting for the first nine months of 2013.
Overall fiscal deficit was considerably lower in the end of 2013 than the target of the revised
budget. Mainly due to the increase of revenues as well as lower than planed foreign capital
expenditures and lower increase of current expenditures during the fourth quarter, the fiscal
deficit in 2013 was about 4.8% of GDP, considerably lower than the 6.2% budget target. The
overall fiscal deficit was about 1.9% only for the last quarter of 2013 from 5.8% of GDP
estimated for the first nine months of 2013. The fiscal deficit of 2013 was manly financed
through net new borrowing and about 1% of GDP was financed through privatization receipts
(cashed in and used during the first half of 2013).
Developments in revenues and expenditures during the last quarter let to another important
positive fiscal result regarding the current fiscal balance. In the end of September 2013 the
current fiscal balance was in deficit of about 0.6% of GDP while it shifted to surplus of about
1.8% of GDP in the last quarter and was managed to be on balance for the entire 2013, in line
also with the fiscal rule (golden rule) envisaged in the Organic Budged Law No. 8379 Date
29 July 1998
The primary balance also shifted to surplus of about 1.8% of GDP in the last quarter and the
primary deficit was reduced to -1.6% of GDP for the full 2013, from a deficit of 2.8% of
GDP in the first nine months of 2013.
The public debt in the end of 2013 (including the stock of arrears) is estimated at 70.5% of
GDP (from which 5.3% of GDP is the stock of total outstanding arrears as estimated by
IMF).
In 2014 MF is targeting a fiscal deficit of 6.5% of GDP. About 4% of GDP will be financed
through domestic and foreign debt, respectively 3.3% and 0.7% of GDP. The rest of 2.5% of
GDP will be financed through smooth loans from IMF and WB. This part of financing will be
in the form of “budget support” but at the same time an equivalent amount of budget
expenditures is allocated toward the payment of arrears (infrastructure, tax and other arrears).
Actually the MF is in the process of designing the Public Finance Strategy for 2014 – 2020.
Assistance and consultation with EC experts have been part of this process in order to have a
comprehensive and appropriate strategic document with will serve as guideline for the next
seven years in the field of public finances.
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The assessment report of EC on the EFP 2014-2016 notice some improvements as compare to
the previous year EFP. MF remains fully committed to continue further improvement in the
process of policy planning and implementation.
Conclusion
The monetary policy framework has remained unchanged in the past six months, while the
monetary policy stance has continued to be stimulating. Since October 2013, the policy rate –
7 day repo rate - was cut in three consecutive steps by 25 basis points each to reach a
minimum of 2.75%. The latest policy rate cut took place in February 28, 2014. The decisions
were based on the assessments for weak inflationary pressures in the economy and negative
output gap in the medium term horizon. The easing monetary policy aims to support domestic
demand and firm public inflation expectations. The 12-month inflation rate in consumer
prices was 1.9% in the first quarter 2014, reflecting weak inflationary pressures from internal
and external environment. BoA monetary policy will continue to be accommodative in line
with the achievement of price stability objective in the medium term.
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CHAPTER 18: STATISTICS
Key achievements
One of the achievements would be Council of Minister’s Decisions (DCM) on establishment
of Statistical Council, its Chairperson and criteria and procedures for representation,
selection, appointment and dismissal, rules of functioning and payment of Statistic’s Council
members. Other developments include: the increased cooperation with the directorates of
civil status offices responsible for providing the data of demographic events; the labour cost
survey 2013 was conducted for the first time from November 2013 to January 2014 as
planned from the Official Programme of Statistics 2012-2016; the results of Living Standard
Measurement Survey 2012 published in September 2013 during a conference organised for
that purpose; the report on “Preliminary results on structural survey of economic enterprises”
published in December 2013 and the final results in February 2014; the results on short term
statistics survey for 3Q and 4Q 2013 published; the Estimation of Regional Accounts (GDP
by NUTS 2) for year 2011 finalized and the results posted to the official website on
31.07.2013.
18.1. Demographic and Social Statistics
During the reporting period, INSTAT was involved in several activities to fulfil the planned
activities in Official Statistic Program as well as in performing other additional activities. In
the framework of “Population and Housing Census”, INSTAT has continued finalisation of
the in-depth analyses based on Census data such as: ‘Migration in Albania’ and
‘Population projection’. These analyses are expected to be published in May 2014.
The Demographic and Social Statistics Directorate of INSTAT has increased cooperation
with the directorates of civil status offices responsible for providing the data on demographic
events (births, deaths, and marriages), in the framework of population statistics. This
information is important not only for the estimation of the resident population, but also for
the calculation of several demographic indicators. Based on the final Census results as well as
Post Enumeration Survey (PES) results, INSTAT has revised the population for the last
decade (2001-2011). A new module has been included in the Labour Force survey, to
measure both internal and international migration.
Gender statistics are considered as a separate field of social statistics. It has been further
developed during 2013, while an extended publication was published in February 2014,
which included new social indicators, coming not only from administrative records but also
from all the social surveys that INSTAT has already conducted.
During reporting period, besides the involvement in preparation of the in-depth analyses
based on the Census results, INSTAT was committed to implement the “Return migration
and re-integration in Albania” survey. This survey was conducted in collaboration with
International Organisation of Migration (IOM). In the focus of this survey were all the
Albanian emigrants over 18 years old, who decided to return independently or were
compelled to do so, since 2009. This is the first time that such a survey has been conducted in
Albania and its main goal is to improve the understanding of the return migration in Albania
as well as re-integration needs. Currently, in collaboration with experts from IOM, INSTAT
is preparing the final results' publication that will be available by the end of June 2014.
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18.1.1 Labour Force Survey
The activities that took place during reporting period are:
The Quarterly Labour Force Survey (QLFS) is being conducted regularly and
INSTAT is publishing quarterly estimations for the employment and unemployment
based on the QLFS data. The LFS results from Q2 to Q4 2013 are made available for
users, while for Q1 2014 the data are being processed and will be published in June
2013.
A labour cost survey 2013 was conducted for the first time from November 2013 to
January 2014 as planned from the Official Programme of Statistics 2012-2016. The
process of data collection was completed and the data are being analysed. A full
analyses and results are planned to be published till the end of 2014.
The results of Living Standard Measurement Survey 2012 were published in
September 2013 and presented at the conference organised for that purpose.
A new round of Household Budget Survey started in January 2014 and will continue
until December 2014. According to the Official Programme of Statistics 2012-2016
this survey is planned to be continuous on country, urban-rural and prefecture level.
Data entry process started from the Q2 2014 to be continued in parallel with the field
work while the elaboration of data and analyses of the results will be performed
within 2014.
18.1.2 Administrative Capacities
Pursuant to Law No. 9180, dated 05.02.2004 “On official statistics”, as amended, DCM No.
999, dated 25.10.2013 “On criteria and procedures for representation, selection, appointment
and dismissal, rules of functioning and payment of Statistic’s Council members” was
approved. Implementing the procedures provided by that DCM, a new Council of Statistics’
was established on 12.02.2014 by the DCM No. 62 “On appointment of Statistics' Council
Members”. Mr. Dhimitri Tole was proposed to the Government from the members of Council
of Statistics as Chairperson of the board. The proposed candidate was approved by DCM No.
132, dated 12.03.2014 “On approval of appointment of Mr. Dhimitri Tole as Chairperson of
Statistic’s Council”.
18.2 Environment Statistics
In October 2013, INSTAT conducted for the first time a pilot Waste Survey on municipal and
industrial waste. Until now the waste statistics data were only based on administrative
sources. The INSTAT's environmental sector has prepared the necessary pilot survey
documents such as questionnaires and manuals. This sector receives the assistance of IPA
2011 Multi-beneficiary Programme on Statistical Cooperation.
Considering the fact that INSTAT is at the very beginning of establishing surveys on waste
statistics, it promotes enforcement of cooperation not only with the Ministry of Environment,
Forests and Water Administration, but also with other line ministries such as: Ministry of
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Interior Affairs, Ministry of Economy, Trade and Energy, Ministry for Public Works,
Transportation and Telecommunication, Ministry of Health and Ministry of Agriculture,
Food and Consumer Protection.
18.2.1 Energy, Tourism and Transport Statistics
Related to Tourism and Transport activities, during the reporting period the quantitative data
referring to the 2Q and 3Q 2013 were collected, processed and published in the Quarterly
Statistical Bulletin, while the economic information related to those activities was published
for the same period in the “Short term statistics” publication, for the respective activities
Transport and Hotels (representative for Tourism sector).
Related to Energy, “Balance of Electric Power, year 2013” was published on 21.03.2014. The
publication is elaborated based on administrative sources and published on the website
(www.instat.gov.al).
18.3 Macroeconomic Statistics
Please refer to point 18.4.2
18.3.1 Price Statistics
18.3.2 Foreign Trade (Import & Export)
During the reporting period the Foreign Trade statistics are collected, processed and
published each month respecting the deadline for publication in the INSTAT publication
calendar. The recent results about the flow of goods in foreign trade are presented in the table
below.
Table 1: Flow of goods in foreign trade
Months/Year
01 - 13
02 - 13
03 - 13
04 - 13
05 - 13
06 - 13
07 - 13
08 - 13
09 - 13
10 - 13
11 - 13
12 - 13
01 - 14
02 - 14
Export
18,128
15,876
19,301
20,600
23,201
20,761
24,288
18,155
21,360
22,300
21,008
21,411
17,869
20,294
Import
34,159
33,350
38,212
41,499
45,131
41,499
48,383
42,403
42,123
46,680
44,877
56,838
34,909
39,032
Trade balance
Percentage of cover
-16,031
-17,474
-18,911
-20,899
-21,930
-20,738
-24,095
-24,248
-20,763
-24,380
-23,868
-35,427
-17,040
-18,738
53.1
47.6
50.5
49.6
51.4
50.0
50.2
42.8
50.7
47.8
46.8
37.7
51.2
52.0
Source: INSTAT
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In February 2014 commodities worth ALL 20.294 million were exported, which constitutes
an increase of 13.6 % compared to January 2014, while compared with February 2013 the
growth is 27.8%.
In February 2014 commodities worth 39,032 million ALL were imported, which constitutes
an increase of 11.8% compared to January 2014, while compared with February 2013 the
growth is 17 %.
In regards trade deficit, in February 2014 increased by 10% compared to January 2014 and
7.2 % compared to February 2013.
The trade with the European Union countries constitutes 66.6% of the total trade, with the
main trade partners remaining Italy (40.7%) and Greece (6.9%).
18.4 Business Statistics
During the reporting period, the work in the Business statistics was focused on preparing
results to be published in time. “The preliminary results on structural survey of economic
enterprises” under the “Annual Structure Business Survey” (reference year data 2012) were
published in December 2013 and the Final results in February 2014. The both publication are
available in: www.instat.gov.al rubric Themes; Enterprises Economic Indicators; Publication:
“Results on Structural Survey of Economic Enterprises, 2012”. Also the results were
submitted to Ministry of economic development, trade and entrepreneurship for their
purposes.
Related to Short term statistics, the results of the survey for Q2 and Q3 2013 were published
and are available on www.instat.gov.al under Enterprises Economic Indicators along with
figures and database.
The Producer Price Index and Construction Cost Index for the Q3 and Q4 2013 are published
as well (refer to: www.instat.gov.al/ Themes –“Prices”).
18.4.1 Regional Statistics
The Estimation of Regional Accounts (GDP by NUTS 2) for year 2011 was finalised and the
results were posted on the official website on 31.07.2013. (Please refer to: www.instat.gov.al
rubric Themes; National Accounts; Publication: “GDP by statistical regions level 2, 3, year
2011”)
18.4.2 Statistics of National Accounts
During the reporting period, main activities are concentrated in the following issues:
Annual national accounts: work on the implementation of ESA 2010 and exhaustiveness
is performed in the framework of IPA 2011 project. Major changes due to ESA 2010 in
Albanian national accounts are related to:
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o Improving methods for estimation of FISIM, Output of Central Bank, Recording
of the output of non-life insurance services;
o Exhaustiveness issues, such as illegal activities and owner occupied dwelling by
applying User cost approach.
The work on the estimation of the Expenditure approach components, such as Household
Final Consumption Expenditure, Government Final Consumption Expenditure, NonProfit Institution (Serving Household) final Consumption Expenditure, Gross Fixed
Capital Formation, Changes in Inventories and Net Exports is ongoing. The target is to
complete the final stage of revision of the time series data in GDP by production and
expenditure approaches caused by the incorporation data of Census of Population 2011
and systematic improvements in statistical techniques and methods of compiling data for
the design of System of National Accounts according to the recommendations of the
technical assistance of the EU and IMF.
“Quarterly National Accounts”, the results of Q4 GDP 2013 by production approach
were published. (Please refer to: www.instat.gov.al rubric Themes; National Accounts;
Publication: “Quarterly Gross Domestic Product, Q4 - 2013”). The work on
implementation of the independent method for the estimation of GDP by expenditure
method to set up compilation system for Q GDP by expenditure continues. Currently,
main components are estimated in the form of time series Q1-2007 till Q3-2013, in
current and constant prices (2009=100).
Inter-Institutional Working Group: INSTAT and the Ministry of Finance have agreed to
create an Inter-Institutional Working group with the main task to provide statistics on
general government. The work consists of the classification of the units into the
Government sector and sub-sector, codification of their transactions based on the request
of ESA2010. INSTAT has been involved on addressing the needs for supplementary
information that are part of the new Transmission Programme of ESA2010 starting from
September 2014. The first results of this system will be discussed within the InterInstitutional Working Group. INSTAT has requested a field expert to assess the
possibility of government statistics to be in line with ESA requirements.
Transmitting of National Accounts data to Eurostat, in ESA 2010 SDMX format: A
working group was established in INSTAT in February 2014, to address the obligation of
INSTAT to transmit data for National Accounts purposes according ESA 2010 in SDMX
format. Following this, INSTAT has sent test tables to EUROSTAT, which include main
aggregates of National Accounts data in time series for Albania.
18.5 Monetary, Financial, Trade Statistics and Statistics on Balance on Payments
The Consumer Price Index is published on 8th of each month regularly. Consumer Price Index
results in 119.3 % in March 2014, in relation to December 2007 as base period. In March
2014 the annual rate of consumer price was 2.2 %. A year before the annual rate was 2.4%.
For more information refer to following link: http://www.instat.gov.al/en/ themes/prices/
publications/books/2014/consumer-price-index-march-2014.aspx.
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18.6 Agricultural Statistics
The work for finalizing the Agricultural census has continued with editing of the database
with BANFF software, with the support of the technical assistance (IPA 2011 project). The
data editing depends on the quality of the data coming from the agricultural census.
As a follow up of the obligations and improvement of data quality, INSTAT has started
collecting prices in agriculture on monthly basis. This is the first phase in creating the
Economic Accounts in Agriculture at EU level and with methodology comparable with other
countries. For the data elaboration the OPAL system will be used, which together with the
methodology for the EAA was provided under IPA 2011 project.
The annual survey in agriculture is a new survey that INSTAT is performing in 2014. The
survey was planned in December 2013 but the database coming from the Agricultural Census
was not finalized to be used earlier for sampling of the survey. The information collected will
be used for updating the Farm register as well as in producing agricultural statistics.
18.7 Registers
During the reporting period the following activities have been undertaken on business
register:
Update and quality improvement of Business Registers, Enterprise Register and Local
Unit Register, according to EU requirements, under the deadline defined by Official
Statistic’s Programme 2012-2016;
Business registers with double classification of the economic activities according to
the existing nomenclature NVE Rev. 1.1 and the new one NVE Rev. 2.;
Application of double classification to newly created enterprises and in all relevant
changes in economic surveys; double classification for main and secondary activities;
Review of Newly Created Enterprise questionnaire based on the new classifications of
Business Register; Newly Created Enterprise Survey conducted three times per year
based on PSZ;
Implementation of Survey on Large Enterprises to identify the local units, in order to
update Local Unit Register.
Quality reports on business registers prepared based on European Statistics standards.
18.8 Classifications
The implementation process of new NACE (rev.2) in economic surveys is on track. The
National Commission of Classification has approved the new classification. The government
decision for implementing the new classification (NACE Rev.2) is ongoing. The automatic
data coding system is in place for internal usage.
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CHAPTER 19: SOCIAL POLICY AND EMPLOYMENT
Key Achievements
The Ministry of Social Welfare and Youth has drafted an improved Labour Code. A series of
draft legal acts are devised in the framework of Law No 10237, date 18.02.2010, “On safety
and health in the workplace”. The State Labour Inspectorate is enforcing higher standards in
the work place demonstrates higher performance. The National Labour Council has resumed
its activity since December 2013. A new Strategy for Youth 2014-2020 was devised to
increase youth employment and capacities enhancement.
19.1 Labour Legislation
A draft Labour Code was compiled according to the recommendations of the International
Labour Office (ILO). The draft aims alignment with EU Directives as shown in Annex
III.19.1.
19.2. Requirements of health and safety at work
To the implementation of Law No 10237, date 18.02.2010, “On safety and health in the
workplace” the Ministry of Health is finalising a series of draft legal acts as shown in Annex
III.19.2.
The Ministry of Social Welfare and Youth (MoSWaY) is drafting the National Occupational
Safety and Health Policy Document 2014-2020, based on the National Action Plan 20142015. The policy document has a focus on health and safety at work, and the improvement of
the State Labour Inspectorate (SLI).
To the development of the National Strategic Policies on Occupational Safety and Health
2014 -2020 MoSWaY is assisted by the IPA 2010 Project. To this purpose, MoSWaY has
also established a working group, where all relevant Ministries, institutions and social
partners take part. The National Strategic Policies on Occupational Safety and Health 2014 –
2020 will be based on detailed evaluations of previous OSH strategies, government
programmes, National Strategic Policies of Development and Integration, as well as the
National Employment Strategy. The strategy aims to improve reporting and data management
concerning accidents at work and occupational diseases, according to the ESAW system,
In the framework of the inspection reform, Order of Council of Ministers No 1, date
7.01.2014 “On the approval of the structure of the State Labour Inspectorate and Social
Services” provides for the creation of a sector for statistics and monitoring of inspections. At
present, the number of inspectors in Albania is 155. 118 of them are local inspectors. All
inspectors have received training on best international practices.
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In the fight against unregulated work, in 2013, the SLI identified 1,031 unregistered workers,
and 2,015 unlicensed subjects employing 2,801 unregistered workers. Uninsured employees
in 2013 constituted 2.3% of the total labour force. These results were the consequences of
first-time inspections. 54% of unregistered employees were males. Further information on the
total number of inspections and illegal workers in 2013 is reported in Annex III.19.3.
In 2013, SLI reports the following activities to fight informal labour:
Based on DCM No 753, date 08.09.2010, “On the cooperation between SLI and the
Subordinate Institutions of the Ministry of Finance” a draft Cooperation Agreement
between SLI and the General Directorate of Taxation was prepared;
Increased institutional cooperation at central and regional levels to exchange
information and conduct joint inspections, in the context of the inspection reform as
stipulated by Law No 10433, date 16.6.2011 “On Inspection in the Republic of
Albania”;
Strengthened control in the services sector, especially during the tourist season,
carrying out 7,705 inspections at hotels, bars and restaurants to address all forms of
labour legislation infringement;
Extended inspections in rural areas, implementing ILO Convention No. 129 “Labour
Inspection in Agriculture”;
Established the e-inspection portal, administered by the Central Inspectorate, in April
2014. The portal aims to increase the transparency and professionalism of inspection
bodies, the coordination between their activities;
In the framework of the inspection reform, USAID equipped 30 labour inspectors
with portable inspection packages in September 2013.
19.3 Social Dialogue
The National Labour Council (NLC) reassembled in December 201338. Following the Order
of the Minister of Social Welfare and Youth No 287, date 18.12.2013, "On the appointment
of the NLC members and candidates, representatives of workers and employers
organizations", the NLC has 27 members, of whom 10 are trade unions representatives, 10
are employers organizations representatives, and the remaining represent the Council of
Ministers. The NLC has held two meetings on 19 December 2013 and 28 April 2014, to
discuss the draft budget 2014 and review five draft regulations related to safety and health at
work.
To facilitate the activity of the NLC, six permanent tripartite specialized commissions were
reassembled in January 2014, following Order of the Minister of Social Welfare and Youth
No. 25, date 17.01. 2014 "On the appointment of heads of specialized tripartite committee"
and Order of MoSWaY No. 58, date 05.03.2014 "On the establishment and the composition
of permanent, tripartite, specialized commissions of the National Labour Council"
In order to enhance inter-institutional cooperation with social partners, an Order of the Prime
38
The assembly was based on DCM No. 1060, date 12.14.2013 "On determining the number of representatives
of organizations of employers and employees in the NLC" and DCM No. 1039, date 12.04.2013 "On the
functioning of the NLC and the appointment of the Council of Ministers representatives "
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Minister No 143, date 04.07.2014 "On assigning of representatives of the Ministries for the
cooperation with social partners" was drafted.
19.4 Employment and European Social Fund
In 2013, public vocational training centres offered their services to 9,254 people through 996
courses. 3,896, or 42%, of the participants were female, and 5,007 or 54% of the total
number of trained people were unemployed. In 2013, a total of 8,884 people, or 96% of
registered individuals, obtained certificates
In the first two months of 2014, 1,100 people enrolled in training courses, and 1,046 obtained
certificates after attending 97 courses. 520 certified individuals were females, and 569 were
unemployed.
The 2013 budget for employment promotion programs was 90 million ALL. As a
consequence, 69 projects were financed and targeted 844 unemployed jobseekers. The results
are as follows:
25 projects employed 436 people based on DCM No 47, date 16.01.2008, “Formation
through work”;
9 projects employed 292 people based on DCM No 48, date 16.01.2008,
“Employment of vulnerable groups”;31 projects employed 80 people as per DCM No.
873, date 27.12.2006 “Internships for students”;
4 projects employed 36 women as per DCM No. 27, date 11.01.2012, “Employment
of women belonging to vulnerable groups”.
7,361 unemployed jobseekers benefitted from social assistance in 2013. At the end of
February 2014 the number dropped to 7,029.
In 2014 state budget funds allocated to employment promotion programmes tripled to 270
million Euro. MoSWaY completed and launched the Employment and Skills Strategy 20142020, followed by an action plan, on 26 February 2014. The strategy awaits approval from
the Council of Ministers. The Employment and Skills Strategy 2014-2020 aims to reform the
VET system to better respond to labour market needs. Further information in relation to the
strategy can be found in Annex III.19.4.
In the context of preparations for the European Social Fund, consultations were initiated in
relation to the national draft fund for employment and skills enhancement. To this purpose,
MoSWaY established a working group with support from IPA 2010. The establishment of the
National Fund of Employment and Training will enable financing for education and
vocational training programmes and an active labour market.
MoSWaY is reviewing employment promotion programmes to increase their efficiency,
facilitate procedures and increase the transparency of funds’ implementation. The priority
areas of employment promotion programs in 2014, will include the manufacturing industry,
agriculture related activities and animal food industry, tourism, information technology, and
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maritime industries. These programmes will retain a special focus on women who have been
unemployed for long periods of time, who benefit from programs of income support, former
victims of trafficking, women over 50 years, Roma women, women with disabilities, young
mothers, divorced women with social problems, and women who return from migration.
At present, MoSWaY has completed a draft project concerning employment promotion
programmes for unemployed people with disabilities. The draft project is awaiting approval.
19.4.1 Youth Employment Policies
In order to improve and develop the existing legal framework concerning youth employment
policies, MoSWaY is working to:
draft the new Strategy for Youth 2014-2020, which includes a national action plan
focusing on education, employment, social inclusion and health. The strategy aims to
coordinate efforts between youth organizations and various ministries. To this aim,
MoSWaY has established a working group.
draft the establishment of youth employment offices in 12 regions, to promote youth
initiatives, active involvement in youth projects, and youth employment. The
establishment of the first youth office is planned for May 2014 in Tirana.
In the framework of enhancing youth capacities MoSWaY organized a series of events as
reported in Annex III.19.5.
19.5 Social Inclusion
For information on social inclusion please consult the Political Criteria and Chapter 23:
Judiciary and fundamental rights
19.6 Social Security
19.6.1 Social Protection and Security
In the field of social protection and security, the following legal acts were adopted:
Guideline No. 2, date 10.03.2014, "On the procedures for review of requests for
licensing of entities that perform social care services";
Guideline No. 3, date 03.10.2014, "On the planning of funds for disability payments;
and Instruction no. 4, date 11.03.2014, "On the planning of funds for economic aid";
Order of Prime Minister No. 232, date 02.12.2013 “On the establishment of the interinstitutional working group for the formalization of a sign language in the Republic of
Albania”; Order of the Minister of Social Welfare and Youth No. 66, date 18.03.2014
“On the establishment of the technical working group for the formalization of sign
language in the Republic of Albania pursuant to Order of the Prime Minister in
relation to the technical working group;
Order of Prime Minister No. 7, date 17/01/2014, “On the establishment of interinstitutional working group for the coordination and supervision of the reform process
concerning pensions”.
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Changes in the social security legislation are planned to be reflected by 2014. During the
reporting period, MoSWaY carried a series of activities on social protection, which can be
referred to in Annex III.19.6.
19.6.2 Health Insurance
As far as the compulsory health care insurance scheme is concerned, MoSWaY took the
following legal measures:
Law No. 184/2013, date 28.12.2013, "On some amendments and appendices to Law
No. 10383, date 24.02.2011, "On compulsory healthcare insurance in the Republic of
Albania", as amended”;
DCM No. 23, date 22.01.2014, “On the representation of Albanian Health Workers
Trade Unions Federation and the Order of Physicians in the Administrative Council of
Compulsory Health Care Insurance Fund".
Administrative Council Decision No. 8, date 02.11.2014 "On the approval of rules
and the health insurance contract."
DCM No. 124, date 03.05.2014, "On the approval of the compulsory healthcare
insurance fund statute in the Republic of Albania".
DCM No. 135, date 03.12.2014, "On the approval of the drugs list reimbursed by the
compulsory healthcare insurance fund and the scope of their price coverage."
Further information on these legal measures is available in Annex III.19.7.
In the framework of social protection, the agreement between the Compulsory Healthcare
Insurance Fund and the Republic of Turkey implements the principle of exportation of
benefits Turkish and Albanian nationals have submitted 26 applications to obtain health
insurance during their stay in Turkey during March 2013 – February 2014.
The Fund approved 19 requests, while others were not considered due to documentation
irregularities. Along the same line of action, the Albanian government has concluded
negotiations with the Hungarian government in relation to the draft social protection
agreement and draft administrative agreement. The follow-up negotiations will be held during
24 to 28 February 2014 in Budapest.
The Albanian government is holding negotiations with the Grand Duchy of Luxembourg.
During negotiations, the draft social protection agreement was finalised.
19.7 Anti-discrimination and equal opportunities
For information on equal opportunities and anti-discrimination, please consult the Political
Criteria and Chapter 23: Judiciary and fundamental rights.
Conclusion
MoSWaY has been very active to achieve best results in the areas of social protection and
security and health insurance via the adoption of a series of significant legal acts and
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engagements with its targets. MoSWaY has also actively engaged to assist employment
possibilities for vulnerable groups and young people.
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CHAPTER 20: ENTERPRISE AND INDUSTRIAL POLICY
Key achievements
The privatisation process is continuing. The Law 48/2014 of 24.04.2014 “On late payments”
was adopted approximating partially the Directive 2011/7/EU. The National Economic
Council was set up as consultation forum between the Government, business and academia.
Business environment was improved and concrete measures to improve Doing Business
indicators are under way. The draft Strategy for Business Development and Investment 2014
– 2020 and National Plan to implement SEE 2020 are in the approval phase and set forth
consolidated measures to increase competitiveness. The Ministry of Energy and Industry was
established in September 2013 enhancing the administrative capacities in the industry and
energy sectors.
20.1 Industrial policy
Concerning concessions, the following legal acts were approved:
Decision of Council of Ministers No 1027 of 27.11.2013 “On some amendments to
Decision of Council of Ministers No 553 of 12.08.2004 ‘On the procedures and
conditions for granting concession permits to build and operate refineries and oil and
gas pipelines”, as amended;
Decision of Council of Ministers No 130 of 12.03.2014 “On the electronic
implementation of competitive concession/ public private partnership procedures”.
The concessions granted in the mining, electricity and oil sectors are being examined to
assess the situation, identify the issues and the activities that should be taken to improve the
situation. The assessment will be finalised in the first half of 2014.
ToRs for the set up of a Concession Register are prepared. In cooperation with the Ministry
of Economic Development, Trade and Entrepreneurship, the legal framework on concessions
will be revised and legal amendments are going to be prepared in the first half of 2014. The
practice and the legal framework on privatisations will be revised in the first half of 2014, as
well.
In the mining sector, the following legal acts were approved:
Decision of Council of Ministers No 43 of 29.01.2014 “On the approval, in principle,
of the Grant Agreement No TF014999 between Albania and the International Bank
for Reconstruction and Development, acting as administrator for grant funds allowed
by the Multi-beneficiary Trust Fund, to finance the project for the implementation of
Extractive Industries Transparency Initiative (EITI);
Order of Minister of Energy and Industry No 190 of 13.12.2013 “On controlling and
disciplining subcontracting of the mining permits’ right of exploitation”.
In addition, the Decision of Council of Ministers No 918 of 4.10.2013 “On the approval, in
principle, of the Agreement between the municipalities of Shkodra, Korça, Berati, AlbanianAmerican Development Foundation and the Council of Ministers of the Republic of Albania,
179
on the implementation of the project “Area reserved for the development of business –
ADB”, was approved.
Concerning increase of international and national investments to stimulate the development
of the industrial parks, a joint working group of Ministry of Energy and Industry and Ministry
of Economic Development, Trade and Entrepreneurship was set up in April 2014 to examine
the current situation of nine industrial parks and zones. Several public-private partnership
projects are being identified in cooperation with the Albanian business association
Konfindustria.
Provisions are being made in the Mid-term Budgeting Programme 2015 – 2017, to allocate
funds for the treatment of chemical pollution/ dangerous waste in several former industrial
sites and turn these into zones destined for industrial development (brown field).
The draft Strategy on Industrial Policy and Enterprises 2014 – 2020 is being developed and it
will be ready in September 2014. The Strategy will include a database on the operators,
investments, employment, raw materials used, categories, etc.
The draft Strategy on the Development of the Non-food Industries 2014 – 2020 and the
revision of the legal framework in this sector will be finalised in September 2014. The draft
Strategy will complement the draft Strategy for Business Development and Investment 2014
– 2020.
Law on Industry approximating the EU acquis and reflecting the best regional practices will
be drafted in 2014.
The draft Law on Tourism is being prepared. Two consultation rounds are organised to
discuss the draft with tourism operators and other public institutions. The drafting of its
implementing regulations has started, as well.
Concerning the administrative capacities, the Ministry of Energy and Industry was
established in September 2013. The field of activity and the subordinated institutions were
laid down by the Decision of Council of Ministers No 833 of 18.09.2014 “On determining
the field of public responsibilities of the Ministry of Energy and Industry” and Decision of
Council of Ministers No 840 of 27.09.2013 “On an amendment and an addendum to Decision
of Council of Ministers No 833 of 18.09.2014 ‘On determining the field of public
responsibilities of the Ministry of Energy and Industry”.
The General Directorate of the Strategic Planning for Mining and Industry was set up as part
of the Ministry, composed by two Directorates, with 20 employees, in total:
1. Directorate of Policies and Mining Development (10 employees)
Sector of Policies and Mining Development
Sector of Permits and Mining Monitoring
2. Directorate of Policies, Industry Development and Technical Standards (9 employees)
Sector of Policies, Industry Development and Monitoring
Sector of Technical Safety, Environmental Protection and Standards
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20.2 Privatisation and restructuring
Restructuring and privatisation remain priorities, especially in the strategic sectors aiming to
attract foreign and domestic capital, inducing growth and development. The entire public
property inventory will be verified and made available on line aiming to improve
management, increase transparency and fight corruption.
The privatisation process foreseen for 2014 includes:
a) The sale of 10 commercial companies with 100% state-owned or state-owned joint
stock companies, with negative economic and financial data, estimated to be worth
approximately 8.34 million Euro, as listed in the table below;
b) The sale of state shares in 10 Joint Stock Companies, in which the state owns less
than 50% of the shares;
c) Privatisation of the remaining state-owned shares of Albtelecom, scheduled to take
place in the fourth quarter of 2014. Currently the state owns 16.7683661% of the
shares of this company valued at around 26.5 million Euro;
d) The sale of first package of 40 unused state assets.
No
List of companies to be privatised (Please see point a, above)
State
Base capital
State capital
Location
Company name
share
(in Euro)
(in Euro)
(in %)
1 “Knitting Factory” S.A.
Korça
1,002,857
100
1,002,857
2 “Furniture Production” S.A.
Tirana
537,207
100
537,207
3 “Apparel Production” S.A.
“Taulantia Sea Shipping
4 Agency” S.A.
Durrësi
532,143
100
532,143
Durrësi
1,239,107
100
1,239,107
5 “Albcontrol” S.A.
“Production of Military
6 Clothing” S.A.
Durrësi
280,629
100
280,629
Tirana
718,879
100
718,879
7 “Tobacco & Cigarettes” S.A.
Shkodra
1,694,429
90
1,518,208
8 “Footwear Production” S.A.
Korça
116,429
100
116,429
9 “Bread” S.A.
Tirana
1,707,143
51
870,643
Berati
1,522,034
100
1,522,034
10 “Beratextile” S.A.
TOTAL
9,350,856
8,338,135
Source: Ministry of Economic Development, Trade and Entrepreneurship
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Sales will be carried out through public auctions as stipulated by Law No 9874 of 14.02.2008
“On public auction” giving pre-emptive right to pre-existing shareholders.
20.3 Business environment & SME policies39
Law 48/2014 of 24.04.2014 “On late payments” was adopted. The Law approximates
partially the Directive 2011/7/EU of the European Parliament and of the Council of 16
February 2011 on combating late payment in commercial transactions.
Law No 19/2014 of 27.02.2014 “On the ratification of the Agreement between the Council of
Ministers of the Republic of Albania and the Government of the Republic of Italy, on the
implementation of the integrated assistance programme for the development of Albanian
small and medium size enterprises”40 was adopted, approving a new credit line worth 15
million Euro for the Albanian SMEs.
The National Economic Council was set up as a single advice/ consultation structure/ forum
of consultation between the Government, national and foreign owned companies, financial
organisations and academia.
Ministry of Economic Development, Trade and Entrepreneurship, in cooperation with other
public institutions, prepared and is implementing a package of 46 supporting measures to
active inward processing industry (fasson/apparel), reflecting the demands and suggestions of
these businesses. 32 of these measures are implemented or being implemented.
Draft law on some amendments to Law No 9723 of 3.05.2007 “On the National Registration
Centre”, as amended, is prepared in order to harmonise its provisions with the Law No 9901
of 14.04.2008 “On entrepreneurs and companies”, as amended, and introduce specific
provisions to allow online registration. These amendments aim as well to partially
approximate the Directive 2009/101/EC of the European Parliament and of the Council of 16
September 2009 on coordination of safeguards which, for the protection of the interests of
members and third parties, are required by Member States of companies within the meaning
of the second paragraph of Article 48 of the Treaty, with a view to making such safeguards
equivalent. The draft amendments are in the consultation phase.
Aiming to improve business environment, upon the Order of Prime Minister No 30 of
30.01.2014 “On the set up of the Inter-Institutional Working Group for the Assessment,
Improvement and Monitoring of Doing Business Indicators”, the Inter-Institutional Working
Group was established chaired by the Minister of Economic Development, Trade and
Entrepreneurship. The Working Group, assisted by the International Finance Corporation
(IFC), will develop an action plan with specific measures for each Doing Business indicator.
39
For detailed information on business environment and SME policies, please see information submitted to EC
services for the fifth meeting of the Subcommittee on Trade, Industry, Customs and Taxation, point 7.4 SME.
40
Under the SMEs lending scheme established by the Governmental Agreement and Financing Agreement
between the Council of Ministers of the Republic of Albania and the Government of the Republic of Italy, on
the implementation of the Program “On the development of the private sector through a credit loan to support
small and medium enterprises as well as providing technical assistance to (PRODAPS)”.
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The assessment of the situation is being carried out and it will be finalised in May 2014. This
action plan will be monitored twice a year and based on its assessment, new measures will be
proposed.
The following strategies and programmes are being prepared aiming to support businesses
and especially SME:
The draft Strategy for Business Development and Investment 2014 – 2020 is finalised
and legal procedures for its approval have started. The Strategy incorporates, as well,
the priorities and objectives of the South East Europe 2020 (SEE 2020). The Strategy
includes a detailed action plan, foreseeing concrete measures and activities to meet
the national and regional targets;
The draft National Action Plan for the Implementation of SEE 2020 is prepared and
legal procedures for its approval have started. The National Action Plan harmonises
the sectoral policies with the objectives of the SEE 2020, in accordance with the
dimensions specified in the SEE 2020 Action Plan. The National Action Plan will
help to track and monitor key indicators, guaranteeing the realisation of regional
objectives. The Action Plan was prepared in close cooperation with other line
ministries and with the support of OECD;
The draft National Plan for Women Entrepreneurs 2014 – 2020 is prepared with the
assistance of UN Women. The draft was consulted on 13.02.2014 with all
stakeholders (public institutions, women associations, etc). The draft National Plan
introduces the establishment of the Multi-stakeholder Advisory Group as the focal
point to lead and monitor the measures aiming to assist and enhance the capacities of
the Albanian women entrepreneurs. The draft National Plan is at the final stage of
consultation. It is scheduled to be finalised in June 2014 and approved thereafter.
The Competitiveness Fund, Innovation Fund and Creative Economy Fund are being
implemented smoothly by Albanian Investment Development Agency (AIDA)41.
41
For further information on the activity of AIDA, please see the information submitted to the fifth meeting of
the Subcommittee on Trade Industry, Customs and Taxation.
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CHAPTER 21: TRANS EUROPEAN NETWORKS
Key achievements
Albania secured further grants to finance its road construction and maintenance programme.
In 2014, 10.5% of all public investments will be dedicated to the maintenance of the road
network. Several projects are ongoing aiming to improve the road and port infrastructure.
Concerning energy networks, the construction of transmission line 400 kv Albania – Kosova
and interconnection line 110 kv Kukësi (Albania) – Prizreni (Kosovo) was approved.
Financing for both projects is in place. In the gas sector, Albania fulfilled all the obligations
for the construction of Trans Adriatic Pipeline (TAP).
21.1 Trans-European Transport Networks
The Albanian Institute of Transport, the institution in charge to update the Albanian National
Transport Plan, prepared and submitted the annual review and respective detailed Action Plan
on 17.10.2013.
In February 2014, the Ministry of Transport and Infrastructure, Albanian Institute of
Transport and Albanian Road Authority finalised the update of the Road Map with the last
changes regarding the construction of new roads, which are part of the national road network
of the Republic of Albania.
Concerning the financing of road construction, the following legal acts were approved:
Decision of Council of Ministers No 976 of 25.10.2013 “On the approval of the
financing agreement between the Council of Ministers of the Republic of Albania,
represented by the Ministry of Finances and the European Investment Bank, on
technical assistance for the secondary and local road project No 2 – support for the
implementation and sustainability”. According to this Agreement, the European
Investment Bank shall extend a grant worth 1,250,000 Euro to be used by the
Albanian Development Fund to procure technical assistance related to construction
and maintenance of secondary and local roads;
Decision of Council of Ministers No 1036 of 22.11.2013 “On the approval of the
grant agreement between the Republic of Albania and the European Bank for
Reconstruction and Development (EBRD), on the investment grant from the account
EU/IPA 2011 and account EU/IPA 2010 for the national and local road project”.
According to this Agreement, EBRD is going to extend to Albania grants worth up to
34,068,750 Euro to finance the construction and maintenance of national roads;
Decision of Council of Ministers No 1033 of 27.11.2013 “On the approval of the
agreement on grant No TF014761 between Albania and the International Bank of
Reconstruction and Development (IBRD) and the International Development
Association (IDA), acting as administrators for the grant funds provided by several
donors, for the preparation of the project based on results for road maintenance and
safety”. According to the Agreement, IBRD and Ida are going to extend to Albania a
grant worth 700,000 USD to be used to prepare a road safety and maintenance project
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based on results and to enhance the capacities of the Albanian Road Authority to
manage the road network.
In order to improve road infrastructure/maintenance, the Albanian government foresees the
increase of budget allocations for construction and maintenance of national road network. In
2014, 10.5% of all public investments will be dedicated to the maintenance of the road
network managed by Albanian Road Authority (ARA).
Financial Service Agreement between the Albanian Government and the International
Financial Corporate (IFC) on assistance, structuring and implementation of a transaction
Public Private Partnership (PPP) for the maintenance and rehabilitation concession of the
road segment Miloti – Morina, is due to be signed.
The draft Decision of Council of Ministers “On the technical rules (standards) on road design
and construction” is being discussed with the Albanian Consultant Engineers Association,
Albanian Constructors Association and ARA.
Infrastructure development
North-South Corridor
The construction of Fieri Bypass, 22 km long (with four lanes, construction cost about
40 million Euro) which links the two motorways Lushnja – Fieri and Levani – Vlora,
as well as the South axis Levani – Tepelena, started in April 2014, due to delays in the
expropriation process and contractor’s request for change in the project, already
approved by Albanian Road Authority;
The construction works for the East Ring Road of Shkoder city, part of the Shkodra –
Hani i Hotit road segment, started in April 2014 and are foreseen to finish by the end
of July 2014, financed by Albanian state budget;
The construction works of the road segment Damësi – Tepelena, 32 km long (about
28 million Euro) co-financed by EBRD & EIB and Albanian Government are ongoing
and are foreseen to be finished in June 2014.
Central – South Axis
In the Tirana – Elbasani road segment, a very important part of the road axis Tirana –
Elbasani – Berati – Tepelena and the main connection to the Corridor VIII, after
completion of the tunnels, the works for fulfilment of entire road segment are ongoing
(foreseen to be finalised in November 2014).
The Feasibility Study for the Tirana Bypass was prepared by COWI-IPF Consortium
and approved in October 2013 by the Albanian Road Authority (ARA) and European
Bank for Reconstruction and Development (EBRD). In March 2014 COWI-IPF
submitted the Preliminary Design and Preliminary Environmental and Social Impact
Assessment (ESIA) for this Bypass.
The development of sea ports is based on the National Plan of Transport, and the master
plans of respective ports. The following activities are being carried out:
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In the Port of Durrësi, the Berth No 10, in the Eastern part of the Port, is under
construction, financed with 8.5 million Euro from Durrësi Port Authority (DPA). The
channel and basin of the Port of Durrësi are being dredged and specialised terminals
for the operation of bulk cargo are being constructed. Total cost of the project is 16
million Euro financed by the Durrësi Port Authority (DPA). The berths No 7 and 8
and Passengers Terminal are being rehabilitated and due to become operational in
2015. The project worth 40 million Euro is financed by European Investment Bank,
EBRD and Albanian government;
In the Port of Vlora, the project for the rehabilitation of port infrastructure and
superstructure, the construction of the new berth for the operation of Ro-Ro ships and
cargo berth (financed by the Italian Cooperation with a total of 15.3 million Euro) is
ongoing. The contract was signed on 17.04.2014 and the construction is scheduled to
start in May 2014;
In the Port of Saranda, the construction works on the new berth for cruise ships, have
started, financed with 4.7 million USD, from World Bank and are expected to be
completed in 2014;
In the Port of Shëngjini, the project “Improving of the Albanian Maritime Sector,
Rehabilitation of Shëngjini Port” with a total cost of 3.6 million Euro, financed by
IPA 2008 and Albanian Government, is finished. Preparations are being made to start
the new project “Dredging of the basin”, worth 1 million Euro, funded by the
Albanian Government.
Albania participated regularly in the South East Europe Transport Observatory (SEETO)
activities and meetings:
9th Annual Ministerial Meeting on the development of Comprehensive Network
(SEETO Comprehensive Network), held in Brussels on 3.12.2013;
12th SEETO National Coordinators Meeting, held in Belgrade on 27.02.2014;
40th SEETO Steering Committee Meeting, held in Belgrade on 18.03.2014, etc.
In the framework of the preparation of the SEETO MAP 2015 (Multi Annual Plan 2015 –
2019), the data collection is being carried out for all transport modes.
21.2 Trans-European Energy Networks
In the electricity sector, the following legal acts were adopted:
Law No 12/2014 of 13.02.2014 “On the ratification of the amending agreement to the
lending agreement and the project between the Republic of Albania, represented by
the Ministry of Finances and the Transmission System Operator S.A. as the
implementing agency of the project, and KfW Frankfurt am Main, on the financing of
the project ‘Transmission line 400 kv Albania – Kosovo (Tirana – Prishtina)”. Under
this Agreement, KfW will provide a loan of 42 million Euro for the construction of
the transmission line. The total cost of the project is around 75 million Euro. The
transmission line will be finalised in 2015;
Decision of Council of Ministers No 1082 of 18.12.2013 “On the construction of the
interconnection line 110 kv Kukësi (Albania) – Prizreni (Kosovo). The construction
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of this transmission line will be financed by the Albanian Transmission System
Operator S.A..
The project “Ring Transmission Line 110 kv of South Albania” is under construction. Works
are continuing in the construction of the 110 kv power line from Babica (Vlora) to Saranda
and the 110 kv power line from Korça – Erseka – Leskoviku – Memaliaj. The total cost of the
project is estimated to 51,700,000 euro. To finance this project, the Albanian Government has
loaned 49 million euro from the German KfW Frankfurt am Main as stipulated in the Law No
10249 of 11.03.2010 “On the ratification of the loan agreement and project between the
Republic of Albania, represented by the Ministry of Finances and the Transmission System
Operator S.A. as the project implementing agency and the KfW Frankfurt am Main for the
financing of the project ‘Ring Transmission Line 110 Kilovolt of South Albania’, through the
loan of 37,750,000 Euro”.
In the gas sector, the following legal acts are approved:
Decision of Council of Ministers No 1030 of 27.11.2013 “On the approval of
technical provisions and safety criteria, first part, on the minimum requirements for
the technical designing, construction and operation of natural gas transmission and
distribution systems, LNG installations, storing spaces and direct lines”;
Decision of Council of Ministers No 1081 of 18.12.2013 “On the set up of the Interinstitutional Commission for the coordination of the implementation of the Trans
Adriatic Pipeline (TAP) project”;
Decision of Board of Commissioners of Albanian Power Regulator (ERE) No 27 of
1.03.2013 “On the exemption of TAP AG from the provisions of Articles 9, 32 and
41(6), (8) and (10) of the Directive 2009/73/EC for the Trans-Adriatic Pipeline
(TAP)” and the Joint Opinion between the three Regulators (Italian, Greek and
Albanian) on the TAP Application for Exemption;
Decision of Board of Commissioners of Albanian Power Regulator (ERE) No 64 of
13.06.2013 “On the amendment of ERE Decision No 27 of 1.03.2013 ‘On the
exemption of TAP AG from the provisions of Articles 9, 32 and 41(6), (8) and (10) of
Directive 2009/73/EC for the Trans-Adriatic Pipeline (TAP)’ to take into account the
Opinion of the Energy Community Secretariat No 1/2013 and Decision of the
European Commission (C(2013)2949” and the approval of the Final Joint Opinion
between the Energy Regulators on TAP Application for Exemption. The Final Joint
Opinion between the Energy Regulators on TAP Application for Exemption was
published on 25.07.2013 following its approval by the Italian and Greek regulatory
bodies;
Decision of Board of Commissioners of Albanian Power Regulator (ERE) No 95 of
13.09.2013 “On the approval of the request of TAP AG, on the amendment of the
definition of the gas origin, according to Point 4.1.1 of the Decision on the approval
of the Final Joint Opinion”;
Decision of Board of Commissioners of Albanian Power Regulator (ERE) No 127 of
7.11.2013 “On the approval of the tariff methodology (TAP Tariff Code), as proposed
by TAP AG, according to the obligations specified under the Final Joint Opinion”;
Decision of Board of Commissioners of Albanian Power Regulator (ERE) No 12 of
14.02.2014 “On the examination and the approval of the Regulatory Compliance
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Programme submitted by TAP AG based on the Final Joint Opinion, in the framework
of the exemption procedure for TAP gas pipeline”.
On 8.11.2013, the three regulators, Albanian ERE, Greek RAE and Italian AEEG, approved
the Tariff Code as proposed by TAP AG, stipulating the methodologies for the determination
of prices, terms and conditions that will be applied to future gas traders for the transportation
of Azeri gas in Italy, through Greece and Albania.
Concerning the construction of gas infrastructure (gasification), the proposal of the Ministry
of Energy and Industry, supported by EBRD, on “Gas Master Plan for Albania & Project
Identification Plan” was submitted in the framework of XI round of WBIF.
Regarding the Ionian Adriatic Pipeline project (IAP project) under a 3.5 million Euro grant
from Western Balkans Investment Fund (WBIF), the following studies are finalised:
Feasibility Study Report, the Assessment Report of the Environmental and Social Impact, the
Business Development Report and the Institutional Development Report. All the above
mentioned studies are conducted by the selected consultant COWI - IPF.
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CHAPTER 22: REGIONAL POLICY AND COORDINATION OF STRUCTURAL
INSTRUMENTS
Key achievements
The Government of Albania has addressed the remaining issues and met a number of key
conditions for the decentralized management of IPA component I. On March 25, 2014 the
Commission has adopted a decision on conferral of management powers for the IPA
Component I with ex-ante control. The IPA 2013 programme (centralized mode) has been
approved. The preparations for the new financial assistance (IPA II) are continuing, as well as
for the IPA 2014 programme and programming of the new CBC programmes. The
Government of Albania is completing the process for revising the draft NSDI 2014-2020
ensuring that the national priorities are in line with EU ones.
On March 25, 2014 Commission has adopted decision on conferral of management powers
for IPA Component I with ex-ante control. Prior to that, an Audit Mission from the
European Commission (10-13 December 2013) took place which focused on the structural
changes related with DM structures and authorities, especially the NIPAC Office and CFCU.
During the reporting period the National Fund and NAO office have been brought at the same
level- Sector Level. The Auditor’s recommendations were addressed and the NAO has issued
the National Accreditation of Operating Structure in accordance with the accreditation
criteria’s.
With the aim to further strengthen the monitoring capacities of the NIPAC, and pursuant of
the Prime Minister Order no. 183, dated 18.10.2013 “On the adoption of the structure and
organization of the Ministry of European Integration”, there has been created the ''The
Directorate for Monitoring the EU Assistance Project. This directorate consists of two sectors
''Sector monitoring and evaluation of IPA1'' and the ''Sector for CBC monitoring and
evaluation“.
The manual for monitoring has been updated accordingly to reflect these changes.
On 28 August, 2013 it has been adopted the DCM No.707, “On some additions and
amendments to the decision of the Council of Ministers no.23 dated 12.01.2011 “On the
designation of functions, responsibilities and relationships between the authorities and
structures of decentralized management of the EU instrument for pre-accession assistance
(IPA), component 1; transitional assistance and institutional building, as amended”. This
DCM has established the Inter-ministerial Committee for the coordination of IPA Programme
to serve as a coordination mechanism for monitoring the implementation of IPA projects and
programs. Within the reporting period the Committee has met twice.
The IPA 2013 programme (EUR 85 532 000) which is focused on six sectors: Justice and
Home Affairs, Public Administration Reform, Transport, Environment, Agriculture & Rural
Development and Social Development will be implemented in two modalities: i) in
centralized management mode (the Financing Agreement has been signed in February 2014
and approved by Albanian Government with DoCM no.71, dated 12.02.2014), ii) and in
decentralized management mode (foreseen seven projects to be implement under this mode).
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The procedures for the signature of Financing Agreement will commence once the conferral
of management has been endorsed by EC. This programme, IPA 2013 will apply a new
methodology - exercise “sector wide approach”. This new approach aims strengthening
ownership by IPA beneficiary countries, as well as increasing coordination and
harmonization between government and donor’s assistance working towards specific, welldefined results.
As regard the process of preparation for new financial assistance (IPA II) and the Country
Strategy Paper (CSP) several consultation meetings were organized between the DG
ELARG and Albanian government and the process was intensified since October 2013 with
the election of the new Government. In this frame, responsible institutions are working to
identify needs and possible priorities that will require assistance (IPA II), including budgetary
projections and assessment of capacity building. The Department for Developing,
Programming, Financing and Foreign Aid in Council of Minister has closely collaborated
with EC in setting targets and indicators to the Country and Multi-Country Strategy Papers
trying to bring this process in line with the process of establishing the framework for
performance monitoring as part of the strategic frame for the country (the draft National
Strategy for Development and Integration NSDI 2014-2020 and sectoral and crosscutting
strategies).
In the context of government policies, the National Strategy for Integration and
Development (NSDI) 2014-2020 represents the main instrument for guiding the development
of the country and in the same time reflects the logical link between the development of the
country and the process of European integration. This strategic document goes along with the
National Strategy for Development and Integration (NSDI) 2007-2013, adopted in 2008. The
Unit for Strategic Planning (SPU), within the Department of Development Programming,
Financing and Foreign Aid, at the Prime Minister Office, is in charge for finalizing the NSDI
2014-2020.
NSDI 2014-2020 sets out the national vision, priorities and policy objectives over the period
2014 to 2020. It is a fundamental strategic document that supports sustainable economic and
social development, ensuring the fulfillment of standards and obligations to the European
integration process. This document is a pillar of the Integrated Planning System (IPS),
established in Albania since 2005. IPS constitutes a broad framework of policy planning,
budgeting and monitoring, which aims to ensure coherence, effectiveness and harmonization
process strategic planning, public finance orientation and policy monitoring.
The first draft of the revised NSDI will be concluded at the beginning of the second half of
2014. It will reflect all the inputs and contributes of the ministries and other institutions and
will be approved by the Strategic Planning Committee (SPC), chaired by the Prime Minister.
The process also will include the coordination and synchronization of NSDI with the Medium
Term Budget Programme (MTBP) 2015-2017 and National Plan for European Integration
(NPEI). The Unit for Strategic Planning will collaborate with the Ministry of Finance and
Ministry of European Integration in order to ensure full compatibility between the NSDI,
Medium Term Budget Programme (MTBP) 2015-2017 and NPEI.
190
The process of determining the financial costs of NSDI will use the MTBP as financial
instrument to ensure realistic costing of the NSDI. The process of preparing the
Macroeconomic and Fiscal Framework for 2014-2020, will be one of the stages. The SPU
will coordinate also with the line ministries, in order to complete a first costing within
September 2014.
The NSDI 2014 - 2020 policies will be oriented to provide a direct impact to the citizens to
have tangible results and measurable indicators. NSDI 2014-2020 will focus on the
implementation enforcement, not just planning. For that reason, the definition of performance
based monitoring indicators and respective targets, is considered to be a crucial phase that
will guarantee the monitoring and evaluation of performance progress of the NSDI.
A very important part of draft finalization of NSDI 2014-2020 will be extensive process of
public consultation, which will be performed with the general public, stakeholders, civil
society, academics, business groups, parliament, as well as donors. This process is planned to
be conducted in autumn 2014. The consultation process is intended to involve as many
institutions and interest groups, as well as to collect as much information, in order to include
and reflect comments and concerns into priorities of development.
Finalization of the NSDI 2014-2020 is scheduled to be completed in December 2014, after
conducting the consultation process. The approval of NSDI from Strategic Planning
Committee is foreseen to be completed as well December 2014, and will pursue with the
formal approval from the Council of Ministers.
As regards to Regions Development Fund (RDF) this is considered an important policy of
the Government that will form a major part of the process of reform that the new government
has undertaken to address the challenges for the country. The RDF is considered a part of the
new development model for the whole economic development of the country that the new
Albanian Government is implementing.
In the vision of the new government, RDF will be no longer seen as a financial aid for the
Local Government Units (LGU), but as an instrument for promoting the development of
economic potentials and a mechanism that generates growth, as well as for increasing the
country's competitiveness among regional economies. The aim is to prepare the country,
through reforming the existing mechanism, and to align with the regional development policy
of the EU, in order to absorb structural funds.
This new approach of the RDF seeks to expand the impact of development in a wider radius
and consider Albania as a whole, rather than fragmented into small units competing with each
other. As well as enabling opportunities for developing cross-border partnerships and coofinancing for donor projects, the project seeks to attract funding and investments in crossborder and larger impact areas. In this context, the RDF will harmonize existing operation
platforms, unite fragmented energies and development tools (Regions Development Fund and
Albanian Development Fund).
191
The process related to the first call of applications, which was successfully concluded in
April 2014, reflected this new approach of the government. There have been included larger
impact projects, in order to obtain essential interventions for the end purpose of promoting
economic growth and employment generation, promotion of development poles, etc.
The Committee of Regions Development is assembled two times. Accordingly, in the first
meeting this committee has announced the first call for applications, as well as approved the
procedure and the respective evaluation criteria for the applications from eligible entities.
In the second meeting, the Committee approved the financing of 59 winning projects, in a
total of 38 million USD (out of 58.5 million USD of total financing). Also, the Committee
announced the second call for proposal and approved the respective procedures.
As regard Programming IPA 2014 after several meeting with DG Enlargement it was
concluded that 2014 will be a “transition year” for the Albanian side, due to the delays on
setting government priorities and for the EC side, due to the delays in finalizing legal
framework on IPA II. For these reasons, it was agreed that part of allocations of IPA 2014
programme will go in line with the support of International Monetary Fund (IMF) and World
Bank, for the so called “budget support” for Public Finance Management (PFM) and the rest
of the annually allocation to support some projects/sectors considered as urgent needs for
Albanian priorities (i.e Roma, civil society etc). As regard budget support the National
Authorizing Officer (NAO) is involved in the Programming phase in order to ensure that
eligibility criteria for Budget support are met.
In the field of administrative capacities, during this reporting period, the staff of the
Decentralized Management structures participated in the following trainings:
13-15 November 2013 “Monitoring EU funds, (advance level)”,
20-22 November 2013 “ How to apply for EU funds”;
16-18 December 2013 & 7-9 April 2014 “Project cycle management”;
5 March 2014 “Workshop on Budget Support”
28-29 April 2014 “Monitoring EU funds (basic level)”.
7 April 2014, IPA II 2014-2020 – Information Session
“Management of irregularities and risk”, 7-9 Aprill2014
“ECOFIN” 21-23 April 2014
Chapter 22 “Regional policy and coordination of structural instruments” 10-12
April 2014
As National IPA Coordinator, the Ministry of European Integration is coordinating process
for the participation of Albanian institutions in new EU Programmes and has submitted two
project proposals in the frame of XI round of WBIF.
With regard to IPA Cross Border Cooperation (CBC), the Ministry of European Integration,
which is responsible for the Operating Structure for the CBC programs, has been focused in
the process of programming of the new CBC Programmes under the new financial
perspective IPA 2014-2020. The process launched on July 2013, was concluded on
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November 2013 with the submission of the first drafts of the Operational CBC Programmes
Albania-Montenegro, Albania-Kosovo42 and FYROM-Albania. The final draft of these
programmes, reflecting the comments of the Commission and outcome from public
consultations shall be submitted by 5th of May 2014. As regards to the CBC Programmes
with Member States, the Joint Task Forces for the programming have been established and
the programming process is ongoing.
42
This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ
Opinion on the Kosovo Declaration of Independence
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CHAPTER 23: JUDICIARY AND FUNDAMENTAL RIGHTS
(See also the chapter on the Political criteria — Democracy and the rule of law)
23.1 Judiciary System
Inspections
The High Council of Justice in the meeting of 18.09.2013 by decision no. 364 entrusted the
inspectorate with the inspection of exercise of teaching activity of judges, for the academic
year 2012-2013. Inspection started after the drafting of an action plan by the Inspectorate, and
it will be submitted a detailed report to reflect the compliance with the rules determined by
the Council as regards the teaching activity of judges.
The Inspectorate completed inspection with drafting a report on the teaching activity of
judges. The report is to be discussed in the meeting of the Council.
HCJ by decision no. 404 dated 03.12.2013, decided joint inspection, by the Inspectorate of
the HCJ and MoJ, of the activity of the judge Shtjefën Lleshi of the Judicial District Court of
Puka. The inspection is completed and the Council decided to send the case to the Ministry of
Justice for initiation of disciplinary proceedings against the judge and also to several other
institutions, as provided for in its recommendations.
The Inspectorate completed inspection concerning the processing of cases which object
matter is taking measures against domestic violence, based on HCJ decision no. 297/9, dated
15.11.2012, given the increasing concern of the cases of domestic violence. In this regard it
has to inspect the observation of time limits in the processing of the requests with object
“Issue of the immediate protection order”, “Issue of protection order”, in trials with the object
the setting of precautionary measure, in relation to the suspect for commission of the criminal
offence “Manufacturing and carrying of military weapons and munitions”, and also the
progress of adjudication by the highest courts for cases of this kind. The report is to be
discussed in the meeting of the HCJ.
Based on the memorandum of cooperation between the High Council of Justice and the MoJ,
during 2013, the Ministry of Justice has send for competence to the High Council of Justice
29 complaints and the High Council of Justice has send to the MoJ 28 complaints.
During 2014, the Ministry of Justice has send for competence to the High Council of Justice
11 complaints and the High Council of Justice has send to the MoJ 5 complaints.
Based on the memorandum of cooperation between the Ministry of Justice and High
Inspectorate of Declaration and Audit of Assets “On online access to the electronic register of
immovable properties”, HIDAA has presented the case of two judges concealing properties
(1 judge of the First Instance Administrative Court of Vlora and 1 judge of the Judicial
District Court of Tirana). Ministry of Justice has initiated disciplinary proceedings against the
two judges because refusal to declare, failure to declare, concealment or false declaration of
194
assets constitute a serious violation of acts and conducts which discredit the reputation and
position of the judge.
Citizens Complaints
The High Council of Justice collected the results of verification of complaint submitted from
2010 until 2013, which have been finalized in 2013, the data are as follows:
i. In 2013, 80 reprimand measures have been issued, of which 19 based on the
complaints of 2011, 15 based on the complaints of 2012 and 46 based on the
complaints of 2013;
ii. 33 complaints, which materials have been sent to the Minister of Justice for
disciplinary proceedings, of which 2 complaints pertaining to 2010, 5 complaints
pertaining to 2011 and 7 complaints pertaining to 2012 and 3 information sources
over problems raised by the chairs of courts. As for 2013, there are 16 complaints of
which 2 are information sources over problems raised by the chairs of courts. These
complaints, covering the above-mentioned period of years, refer to 16 judges against
whom disciplinary proceedings have been proposed.
Verified complaints
Year
Number
Ill-
of
founded
complain
complai
ts
nts
Complain
Verified
ts
complain
preliminar
ts
y
processin
g
2013
833
637
under
246
0
For
Complai
professi
nts over
onal
evaluati
Reprim
and
on
78
which no
violation
i found
46
39
Send
to
MoJ
for
disciplinary
proceedings
Complaints
without
final
decision
16
67
For the period from the 1 January until 28 March 2014, 219 complaints have been filed.
The preliminary data is as follows:
99complaints have been archived as they are beyond the competence of the HCJ.
44 have been suggested for verification. Verification has been completed for 4 of them and it
has been concluded:
1 was sent to the MoJ for initiation of disciplinary proceedings,
1 is under further verification until the High Court takes a decision,
1 will be considered as record for the purpose of professional evaluation,
1 no violation found.
Other complaints are being processed.
76 complaints are in the phase of preliminary processing by the inspectorate.
Efficiency
Implementation of the Law on Mediation
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The Commission Licensing Mediators has become functional. It has issued so far the license
to 265 natural persons as mediators and 2 legal persons: 19 mediators are licensed for one
legal subject (exclusively in the frame of the legal person) and 6 mediators for the other. The
National Chamber of Mediators was set up on 7.07.2013. The chair of the Chamber was
elected as well. After establishment, the National Chamber of Mediators assigned two
representatives to the Commission for Licensing Mediators.
Draft Law on Arbitration
The draft law “On arbitration” has been sent to all the line ministries for opinion. Comments
are expected to be reflected.
Access to Justice
A Joint Instruction of the Ministry of Justice and Ministry of Finance no. 5668 dated
20.11.2013 “On an amendment to instruction no.13 dated 12.2.2009 “On setting of the
service fee for actions and services of the judicial administration of the Ministry of Justice,
State Enforcement Service, Prosecutor’s Offices, Notaries and Immovable Property
Registration Offices” amended, was approved, in order to reduce the judicial fees for persons
in need and ensure justice access and fulfilment of recommendations pointed out by the
Progress Report 2013.
Following the approval of the law no 143/2013, the Minister of Justice approved the Order
No.61 dated 22.01.2014, "On the approval of the regulation for the operation of local legal
clinics, and for the provision of primary legal assistance”. This Regulation aims to set
detailed rules for the functioning of local legal clinics and provision by them of the primary
legal aid. Article 4 defined the competences and responsibilities of local legal clinics in
compliance with law no. 10 039 dated 22.12.2008 “On legal aid” amended. Extending the
provision of primary legal service to the territory of the Republic of Albania improves justice
access of citizens by informing and raising their awareness of the rights, obligations and
exercise of rights in judicial and extra-judicial processes.
With the amendments to law no. 10039/2008 by law no. 143/2013, a new subject has been
added with the right to be provided free legal aid: “victims of domestic violence or victims of
trafficking in human beings involved in judicial cases”. In this regard, the legal and sublegal
framework does not indicate the type of certificate to be submitted by the victims of domestic
violence and victims of trafficking in human beings in order for them to be provided with free
legal aid. Therefore the new draft-law will determine the type of certificate to be submitted
by a decision of the Commission on the application form and supporting documents.
Number of cases from September 2013 to Mars 2014
Cases approved
September 2013-Mars 2014
Criminal
Civil
196
Administrative
23 (twenty three)
35 (thirty five)
Total (approved)
73 (seventy three)
Total (applications)
144 (one hundred and forty-four)
15 (fifteen)
Executions of the judicial decisions
A Joint Instruction of Ministry of Justice and Ministry of Finance no. 1665/1 dated
05.03.2014 “On setting of enforcement fees for the services provided by the private judicial
enforcement service” had been approved.
Referring to the statistical data on execution of executive titles by the State Judicial
Enforcement Service in the period January – March 2014, the following results:
23656 cases are recorded for execution:
1761 cases to be executed with expired time limits
1062 cases are executed
195 cases are dismissed
19186 cases are to be executed within procedural time-limits
34 cases are refused
911 cases are suspended by court decision
54 cases are dismissed because of repeal of executive order
2222 cases have been legally settled
Integrated, harmonized and uniform case management system
During January and February 2014, it has been made possible the start of functioning of the
ICMIS in the Judicial District Court of Permet and Court of Appeal for Serious Crimes. The
updated version has been installed in the court and the judicial and administrative staff has
been trained on using the system.
The problem remains with the First Instance Court of Tirana because of the complexity of
this court which concerns the volume of cases reviewed by the court and the objective
difficulties of technical nature to move immediately from the old system (ARK IT) to the
new system (unified ICMIS system).
Moreover, in this regards, Ministry of Justice has ensured the necessary fund and it has
drafted the technical project for the initial implementation and maintenance of the ICMIS
system in the new administrative courts. Its implementation will start immediately after the
procurement process of this service.
Developments relating to registration of judicial hearings (Lezha, etc.)
There is a total number of 24 courts where the audio digital recording system is installed
(RDA). Installation has commenced with the District Court of Lezha and the implementation
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of this system dates back to 2 April 2012. The last court, in which the system is installed, is
the District Court of Gjirokastra.
Overall, the system operates in 101 rooms, where judicial hearings are conducted and 295
judges and the whole administrative staff of 24 courts at national level, have been trained on
the system.
As regards the indicators of hearings where the minutes are held by audio equipment, the
total number is 76263, with an average of 73% at national level (updated on 25 February
2014). The process of extension of RDA system continues even after the scheduling under
JUST/USAID project, in cooperation with the Ministry of Justice.
Other developments in the judiciary regarding infrastructure
During 2013 the full reconstruction of the building of the Judicial District Court of Puka was
completed. As a result of this investment optimal work conditions for judges and the
administration; the necessary number of courtrooms, access for persons with disabilities and
the public reception area are now in place.
During 2014, it has been foreseen the start of implementation of the project drafted in 2009
for the construction of the new building of the Court of Appeal of Shkodra. This project will
be implemented in two years 2014-2015.
Investments are made as well for improvement of work conditions and service in the
courtrooms and offices of judges and installation of security elements.
Investment for the infrastructure of court buildings is followed by provision of equipment of
courtrooms and offices and new created premises. In addition, annual investment is made to
meet the needs of the courts for equipment and furniture because of the amortisation of the
existing ones and for the needs which have not been met in this regard. For the period
January - December 2013, it results that the procurement procedures have met the needs of 19
courts and Office for Administration of Judicial Budget.
Moreover, for 2014, it has been foreseen a fund of ALL 18 million to meet the needs of 17
first instance and appeal courts (including the administrative courts which started their
activity in November 2013) and the Office for Administration of Judicial Budget. The courts
are running the procurement procedures in order to meet the needs for electronic equipment
23.2 Anti-corruption policy
Fight against corruption remains one of the main priorities of the Albanian government.
Albania is committed in taking forward the positive reached results and addressing the
recommendations of the EC Progress Report 2013 for Albania. Building of law enforcement
capacities to ensure strict enforcement of law is one of the priorities addressed in the action
plan of the Albanian Government.
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In the frame of reforms of anti-corruption policies in Albania, during the last quarter of 2013
and ongoing, several concrete measures are taken to ensure accountability and strong political
will of the government so as to address the corruption phenomenon in the country.
In order to increase the competences of the Serious Crimes Court to include fight against
corruption, the Parliament of Albania adopted law no. 21/2014 “On some addenda and
amendments to law no 7905 dated 21.3.1995 “Code of Criminal Procedure of the Republic of
Albania” amended which amends article 75/a by extending the competence of the Serious
Crimes Court to include even corruption offences. Approval of amendments to the Code of
Criminal Procedure aims at finalizing immunity reform and limiting competences of the High
Court (for criminal cases).
Ministry of Justice
Based on publication in the media in November 2013, of the case of involvement in
corruptive actions of the chancellor and judicial secretary in the Judicial District Court of
Puka, the Minister of Justice, ordered the dismissal of the these officials. The High Council of
Justice on 16.12.2013 decided the suspension of the judge until the court takes a final
decision in relation to the charge he is accused of. The case is currently being tried.
As regards the institutional cooperation, Ministry of Justice has signed several memoranda of
cooperation which are being implemented with success. Based on the memorandum of
cooperation between the Ministry of Justice and High Inspectorate of Declaration and Audit
of Assets and Conflict of Interest “On online access to the electronic register of immovable
properties”, HIDAACI has presented the case of two judges concealing properties (1 judge of
the First Instance Administrative Court of Vlora and 1 judge of the Judicial District Court of
Tirana). Ministry of Justice has initiated disciplinary proceedings against the two judges.
In order for the monitoring of the justice system to be as transparent as possible, the Portal of
Online Complaints, starting from September 2013 has been changed to “Stop Corruption in
Justice”. This project extends the area of complaints to include every single official who
performs the duties in any of the offices and structures under Ministry of Justice, including:
enforcement, prison system, properties, notaries, lawyers, legal aid, adoption, persecuted
persons, bankruptcy, etc. 712 denunciations are deposited with the online portal until
7.4.2014. They are handled with priority by the responsible structures of Ministry of Justice.
Ministry of Justice out of this number has sent to the General Prosecutor’s Office over 20
denunciations in order for the GPO to conduct the respective investigation of cases. 2
denunciations are sent to the High Inspectorate of Declaration and Audit of Assets for
verification.
Based on information received from online denunciations, Ministry of Justice inspected 3
judicial district prosecutor’s offices (Tirana, Vlora and Elbasani) with the object verification
of complaints, mostly focused on the decisions for non-initiation of proceedings or dismissal
of the case. During these inspections, 10 criminal proceedings were verified involving the
activity of 8 prosecutors. In the conclusion of the inspection, violation of legal procedural
provisions by two prosecutors was found. The respective recommendations are sent to the
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General Prosecutor in this regard. Ministry of Justice also inspected 4 notary offices and
private judicial enforcement offices. In the conclusion of the inspection, violation of legal
procedural provisions by two prosecutors was found. The respective recommendations are
send to the General Prosecutor in this regard.
Ministry of Justice in cooperation with the National Chamber of Notaries has made
functional the Digital Notary Register. This system is linked to the One Stop Shop system so
as to enable transactions with immovable properties.
Moreover, in support of the cases denounced by the citizens, Ministry of Justice inspected 4
notary offices and private judicial enforcement offices. Upon completion of the inspection,
initiation of disciplinary proceedings against 2 private judicial enforcement agents has been
recommended.
In order to increase the transparency in the judiciary, Ministry of Justice has installed the
audio recording system for the court sessions. The audio system is installed in 24 courts and
110 courtrooms. 240 judges and 372 judicial administration staff has been trained on the use
of the audio system.
Regarding the statistics provided by the first instance and appeal courts for the period 4th
quarter of 2013 – 1st quarter 2014, and also harmonized statistics provided by the Working
Group of Statistics for the period 2013 and first quarter of 2014, please refer to Annex
III.23.1.
The High Inspectorate of Declaration and Audit of Assets and Conflict of Interest, as
one of the independent public institutions, having an important role in the fight against
corruption, is facing the challenge of the increase of institutional performance, aiming to
strengthen the rule of law and the country integration towards the European family.
The full audit and the administrative investigation on the veracity and accuracy of the
declaration forms of private interest is based on article 25/1 and 25/2 of the law on the
declaration and audit of assets, financial liabilities of the elected and certain public officials,
based on an auditing legal scheme, that prioritizes for a frequent audit the public officials that
have a certain role in the decision-taking process and a certain risk for abuse of public
function. In accordance to this scheme, the period of time for audit, has been limited every 2
years for high-rank public officials, every 3 years for the elected, prosecutors and appellate
judges, and every 4 years for the chairman of central and local institutions, as well the
random selection, once a year. The verification process is conducted on the source of the
creation of the declared private interests, by checking the public registers where the private
interest may be registered, transaction contracts, ownership certificates, the source of the
creation, legal and financial instruments, hereditary acts, etc.
For 2013, out of 500 files of full audit, only 5 of them have finished, that is only 1% of the
total number of files that should have been audited.
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Based in article 25/1, point 4 of Law no.9049, dated 10 April 2003 “On the declaration and
audit of assets, financial liabilities of the elected and certain public officials”, amended, and
upon the issued Order of Inspector General, including the information from legal sources as
well, the procedures of the full audit, reaudit and administrative investigation, have initiated
for all the declaration forms of private interest of the elected and high rank public officials,
since 2003. This audit is expected to be finalised within this year. In the framework of an
open and transparent policy followed by the High Inspectorate, the public opinion and media
will be notified, case by case, upon the results of the relevant audit.
At the same time, the High Inspectorate is working on drafting and establishing the electronic
register on identifying and treating conflicts of interest for the public officials and their
family members, in case they have entered into a contract with public institutions, and in case
they have benefited from these public funds.
Regarding the collaboration in conducting an administrative investigation, some public
institutions that have a database have provided access to the High Inspectorate through an
account that can be accessed on HIDAACI behalf. These institutions are: NRC, NLC,
DGRTS, and ALUIIZ. Whereas, with regard to other institutions, the information required by
the High Inspectorate is provided in a written official form.
Regarding the measures taken by the Internal Investigation Directorate to the General
Directorate of Taxation, please refer to chapter 16 “Taxation”.
General Prosecutor’s Office
In fulfilling the priorities for increase of effectiveness in the fight against corruption and
organized crime and in implementing the EC recommendations, the General Prosecutor by
order of March 2014 set up within the structure of the GPO, the Directorate of Control of
Investigation and Prosecution of Criminal Offences Against Organized Crime and Corruption
as well as Sector against Cybercrime, within this directorate.
In addition to cooperation with the State Police, it is considered necessary the coordination
with other institutions including High State Audit Institution, High Inspectorate of
Declaration and Audit of Assets and Conflict of Interests, Directorate of Prevention of Money
Laundering, tax and customs administration etc. Thanks to this cooperation, several officials
have been put before legal responsibility, while the investigation process for several other
officials is underway.
In cooperation with the Ministry of the Interior and the State Intelligent Service, a common
platform for conduction of proactive investigation has been drafted. In this context, three
institutions signed a Cooperation Agreement which is considered to be a very important step
for witnessing the common will in the fight against corruption and organized crime.
Based on the entry into force of amendments to the Criminal Procedure Code, which extend
the subject matter jurisdiction of Serious Crimes Prosecutor's Office, the Prosecutor General
is projecting the addition of a special section near this Prosecutor's Office, consisting of
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prosecutors and judicial police officers, qualified to conduct prosecution in the field of
corruption by senior state officials, local elected officials, i.e., as judges and prosecutors.
In this context, at the initiative of the Prosecutor General it was organized the meeting with
representatives of AEPC, all mobile phone companies operating in the country and
representatives of the State Police and the Prosecutor General, in order to address and solve
the problems encountered in the field of electronic communications.
In addition to the statistical indicators made available through harmonized evidence for
corruption, please refer to Annex III.23.2 to find some data about other criminal offences.
The GPO has supported Joint Investigation Units with special priority and financial and
administrative means, within the budget available to the institution. A number of trainings of
prosecutors and judicial police officers of the JIUs were conducted, making use of the
training capacities of the School of Magistrates, State Police and projects financed by foreign
donors. Meanwhile, it has begun the implementation of PACA IV project. As a result
indicators of the criminal prosecution were substantially improved.
In addition to the cooperation with State Police, it is deemed necessary to emphasize the
coordination with other institutions such as the High State Audit, Directorate for the
Prevention of Money Laundering, Ministry of Finance (tax and customs administration) etc.
Due to this cooperation, some officials were subject to legal liability while the investigation
process for some other cases is ongoing.
In cooperation with the Ministry of Interior and the State Information Service, a joint
platform is drafted for the conduct of proactive investigations. In this framework, the General
Prosecutor, the Minister of Interior and the Head of the State Intelligence Service signed a
Cooperation Agreement..
During the first trimester of 2014 in the field of corruption, proceedings were registered in
relation to article 244, “active corruption of persons exercising public functions”, 4 criminal
proceedings with 5 defendants, out of which 1 proceeding with 1 defendant was brought for
trial.
Based on the criminal offence of “Exercise of unlawful influence against persons holding
public functions” there have been conducting 5criminal proceedings with 5 defendants, out of
which 2 proceedings were brought for trial with 3 defendants and 2 defendants were
convicted,
Article 259 of the Criminal Code, passive corruption of persons holding public functions- 21
criminal proceedings with 4 defendants, 1 proceeding was brought to trial with 2 defendants
and 2 defendants were convicted.
Article 319/ç of the Criminal Code, passive corruption of judges, prosecutors and other senior
officials of justice- 4 criminal proceedings with 0 defendants, 1 proceeding with 4 defendants
was brought to trial.
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State Police
In fulfilling the priorities for increase of effectiveness in the fight against corruption, four
criminal offences of corruption have recently passed under the jurisdiction of the Prosecutor
for Serious Crimes:
Article 245 "Active corruption of high state or local elected officials”,
Article 260 "Passive corruption of high state or local elected officials”,
Article 319 "Active corruption of judges, prosecutors and other justice officials”,
Article 319/ç "Passive corruption of judges, prosecutors and other justice officials”,
An innovation initiated by the Ministry of Internal Affairs is the creation and operation of the
Bureau of Investigation. The working group set up for this purpose is completing the final
draft, after ongoing consultation with PAMECA IV, ICITAP; some liaison officers attached
to EU countries and representatives in Tirana Prosecution and other institutions. The Bureau
was conceived as a facility within the State Police to investigate so focused offenses of
corruption and organized crime groups across the country, using the capabilities of crime
analysis, its operational capabilities and investigative competences.
For further details on the anticorruption measures taken from the abovementioned
institutions and also other statistics, please refer to Annex III.23.3
23.3 Fundamental rights (please see also chapter Political Criteria)
23.3.1 The Right to Life and Integrity of Person
The General Directorate of Prisons has drafted an Action Plan, in fulfilment of the
recommendations of the Progress Report 2013 (Reg no 349, dated 11.12.2013). The main
focus of the measures of this Action Plan is:
Improvement of penitentiary legislation;
Improvement of the capacities and infrastructure of penitentiary institutions;
Investigation into the cases of legal violation;
Improvement to the legal framework for prisoner’s remuneration;
Decreasing the overcrowding in remand institutions;
Improvement of the health care and treatment of mentally ill persons;
Improvement of professional training of employees of penitentiary institutions;
Strengthening the anti-corruption efforts in prisons.
Legislative reform
The New Middle Term Strategy of the Prison System and its Action Plan have been drafted,
in which have been addressed the main priorities, based on the guidelines of the Albanian
Government for the penitentiary system, for the period 2014-2017. Main priorities include
further consolidation of the prison system and creating an independent, impartial and
transparent body, improving physical infrastructure and material conditions of the
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penitentiary institutions; further harmonization of legislation with the acquis; improving
services for the category of persons in conflict with the law; increasing partnership for the
respect of human rights in the prison system; prevention, investigation and prosecution of
acts of corruption by the prison administration.
Parliament has approved the Law no. 40/2014 “On some addenda and amendments to law no.
8328 dated 16.04.1998 “On rights and treatment of prisoners and detainees” This is an
important initiative in the context of improving conditions for the treatment of convicted
persons, in order to guarantee respect to human rights and fundamental freedoms in
accordance to acquis of the European Union.
The amendments aim full alignment with EU legislation and the obligations set out in the
Stabilization and Association Agreement, and specify general principles of treatment of
persons with mental disorders, convicted and pre-trial detainees of foreign nationality,
women and juveniles, persons with disabilities, LGBT persons, members of ethnic and
linguistic minorities, the elderly and people with long-term sentences, in the penitentiary
system.
This law addresses other issues related to the rights and treatment of convicted and pre-trial
detainees such as: coverage from the compulsory health care insurance scheme, requests and
complaints mechanism, disciplinary policy, rewarding and special permits, transfer rules,
protection of personal data etc.
Furthermore law no 36/2014 “On some addenda and amendments to law no. 10032 dated
11.12.2008 “On prison police”, was approved by Parliament.
Simultaneously it will be revised the General Regulation of Prisons and shall be drawn the
Internal Regulations for each penitentiary institution.
Currently these important project-laws are being analyzed in respective parliamentary
commissions.
Reduction of overcrowding in prisons
With the proposal of the Ministry of Justice and the General Directorate of Prisons, the law
“On Amnesty provision”, was adopted. The amnesty provision, apart from contributed on
direct way in improving the conditions in the penitentiary institutions, reducing the
overcrowding, was conceived as an act to restore the dignity of prisoners. The
implementation of the amnesty began on April 10, 2014. 813 people benefited from the law
of the amnesty in the Prison System.
As the result of the amnesty, overcrowding was decreased from 29% to 11%. The General
Directorate of Prisons has foreseen other measures in alleviating the overcrowding in the
penitentiary system. Opening of two new penitentiary institutions by 2014 in Berati and Fieri,
with a total capacity of 880 places, will positively influence the improvement of conditions in
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which persons deprived of the liberty are held, but also the general standards of the prison
system.
General measures on the improvement of treatment of persons deprived of their liberty
“Art from cell” is the trading unit of prisoners’ works, an initiative of the General Directorate
of Prisons in collaboration with the “No Limit” Centre and with the support of City Park.
Designed in a cell format, prevailing the artistic considerations, the trading unit of prisoners
work, will function as a genuine store, to assist people with limited freedom in selling their
products. In this activity are initially involved with their crafts and painting 56 people, aiming
at increasing the number in the future. The works exhibited at the trade came from Peqin
Prison (8 convicted), Rrogozhina (8 convicted), Vaqarr (3 convicted), Fushë Kruja Prison (7
convicted), Ali Demi, women section (20 sentenced) Juvenile Institute in Kavaja (5 juveniles)
and Jordan Misja Prison (5 remanded prisoners). The total number of prisoners that are
involved in handcrafting and art is about 100 people. The revenue collected from sales goes
to the prisoners’ bank account. This initiative comes for the first time in Albania, becoming a
big step towards the re - integration of persons in conflict with the law.
Improving the individualized treatment programs (ITP) has been one of the ongoing measures
for the reformation of the prison system. ITP have been improved for different categories
such as juveniles, young people aged 18-21 years, women, persons with addictions to alcohol
and narcotic substances etc.
Vocational training programs formal and informal have been implemented for various
categories of prisoners in the prison system. Currently, there are 379 inmates who attend the
formal courses and 32 others attend the informal courses.
In order to estimate the treatment process and respect of the rights of persons deprived of
their liberty by the prison administration and taking concrete measures to combat corruption
in the prison system, the Social Affairs Unit drafted an evaluation questionnaire. Completion
of the questionnaire was conducted in February 2014, and 610 detainees and prisoners were
selected as target group in 16 prisons, based on the criteria of complete confidentiality.
Among other through the completion of the questionnaire has been aimed at reporting all
cases of abusiveness by uniformed or civilian employees, who have provided
favours/services to the inmates, on illegal benefit purposes. The data information collected is
being processed by the Social Affairs Unit, which will serve as the basis for the conduction of
an in depth study.
With the purpose of monitoring the implementation of security measures in the institutions
their operation, and maintaining in full efficiency the security elements, by the order No. 58
dated 10.02.2014 of the Director General of Prisons, the Safety Board of Prisons has been set
up. The Board consists of the director of the prison police, police sector specialists,
responsible security people in prison, who will constantly evaluate security measures in
prisons, applied schemes and propose concrete measures, in case of problematic situations.
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The Social Affairs Unit in the Directorate General of Prisons, has begun the implementation
of two projects for the rehabilitation and resettlement of persons deprived of their liberty by
promoting the art in prison conditions, increasing the sensitivity of information on public and
promoting the arts in prisons and strengthening the capacity of the prison system, to provide
integrated services on art in prison conditions. To achieve the strengthening of human and
material capacity of the prison system for providing integrated services on art through cinema
in prison conditions, material infrastructure improvement has been improved for the
development of cinema in prison. Supported by DIGITALB, in Jordan Misja Prison, Ali
Demi, Vaqarr, Juvenile Institute in Kavaja, Peqin and Fushë – Kruja, 7 televisions, 7 Flybox
digital apparatus, have been installed and 7 premium subscriptions for 12 months have been
granted.
During April - May 2014 in all IECD are taking place the Sportive mini-Leagues in different
disciplines with the participation of more than 2000 convicted and pre-trial detainee. With the
support and collaboration of Albania National Olympic Committee during May 2014, the
Prison’s League will be organized.
Conducting a special system for the employment of prisoners and detainees
In view of the implementation of recommendations of the European Union, with an order no.
267 dated 30.10.2013, of the General Director of Prison, it was set up an working group on
employment issues of convicted and pre-trial detainees, who conducted the reassessment of
labour structures for convicted and pre-trial detainees.
The convicts and pre-trial detainees are employed within penitentiary institutions, according
to the needs for labour of these institutions. The labour structures proposed from IEPD,
predict a total of 507 positions for employment. During these period of time, there have been
engaged in labour activity, 498 convicted and pre-trial detainees, of whom 404 convicts and
94 pre-trial detainees.
GDP is coordinating the work with the Ministry of Justice, the Ministry of Finance and the
Ministry of Social Welfare and Youth, to establish the Permanent Commission for the
Assessment of Labour in Prisons, which under the General Regulation of Prisons, has the
authority to implement employment policies and providing research activities for finding the
solutions and implementing modern methods in the field of prisoner’s labour, proposing laws
and bylaws, as well as organizing, directing and coordinating the activities with the state
institutions and work with other entities for the purpose of fair employment and remuneration
of prisoners. GDP is also in the process of drafting a cooperation agreement between the
above mentioned Ministries, for specifying the ministerial commitments in order to achieve
the compensation scheme for the employment of prisoners in IEPD, within 2014.
Projects to improve the general conditions in the penitentiary system
Construction of new Pre-trial detention in Berati
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The construction of external engineering networks has been completed. This investment is
realized by the fund of local costs and contains: Power supply; potable water supply; sewage
wastewater; telephone network and the Internet. Also, the construction project to improve
Parangoit entrance road to the new pre-trial detention, is carried out. The construction of the
road is the key priorities of the GDP, for 2014. During April 2014, it is completed the
technical control of equipments for this institution. It is foreseen that the institution will be
put into efficiency, within June 2014.
Construction of the new detention in Fieri
The construction of external engineering networks has been completed. This investment is
realized by the local fund cost and contains: Power Supply; potable water supply; sewage
wastewater; telephone network and the Internet. This institution will be put into efficiency in
June 2014.
Additional investments on improving the living and security conditions in IEPD in Vaqarri,
Korça, Vlora, Tepelena, Durrësi, Rrogozhina, Tropoja and Lezha have been completed. The
latter consist in reconstructions and repairs of the security fencing, waterproofing of terraces,
warehouse, plumbing works and improvements of the toilets.
Construction of the new Detention in Shkodra
Currently a new detention centre is being constructed in Shkodra district, which will be
opened in 2015.
Improving the conditions of detention and security rooms:
In the first half of 2013 it has been completed the realization of investments for the
reconstruction and the construction of appropriate places for the persons accompanied and
arrested / detained in the Regional Police Directorate of Tirana and Durrësi Police Station,
and has started their functioning. The reconstruction and the establishment of these places are
funded by State Budget, according to international conditions and criteria for their building
and functioning.
Monitoring systems with camera have been installed in the security rooms and detention ones
in the Regional Police Directorate of Tirana and Durrësi Police Station, which were made
operational simultaneously with the premises.
It has been requested to increase the budget limit for the reconstruction of the security
detention rooms’ for the persons arrested/ detained and escorted in the Vlora Police Station
because of the projects for this purpose has been prepared and approved.
Improving the treatment of persons with mental health disorders
The cooperation agreement between the Ministry of Justice and Ministry of Health was
revised in order to increase ministerial commitment to improve health service in the
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penitentiary system; an important component of it is the coverage of the psychiatric service
by public health institutions.
An important development that will provide an adequate solution to the issue of treatment of
persons with mental disorders under the compulsory treatment given by the Court decision is
the initiative of the Albanian Government to enable the construction of the new forensic
psychiatric institution. This institution will be built in one of the areas on the suburb of Tirana
and will accommodate persons with mental disorders under the compulsory treatment given
by the Court decision, who are currently accommodated in Kruja Institution and the Prison
Hospital Centre.
Aiming the improvement of the living conditions of mentally ill persons in penitentiary
system, according to the key priorities set out in the EU Progress Report, GDP has increased
the budget for treatment of this category.
Ensure sufficient quantity of medicines and improving the process of their distribution
All Prison were instructed to implement the system of reference set by the Institute of Health
Insurance for reimbursable prescriptions, defined by CMD no.337 dated 06.04.2011. The
supply with emergency medicines is made by the GDP. For 2014 GDP has allocated the
adequate fund for providing these medications.
Training of staff involved in the treatment of specific categories in the detention and pre-trial
detention facilities
The training service is carried out by the Training Division, a settled structure in the General
Directorate of Prisons. Over recent months, the centre has undertaken a profound reform to
improve the training service. Also, it designed and implemented a curriculum, based on the
best experiences of EU countries. The program is designed in 240 hours, with a time span of
45 days and 3 months practical theory. Indicators of success of this reform is building a
proficient system training service, which includes basic training, career development training
and specific training with an extension of time throughout the year.
During January- May 2014, 176 employees were trained at different levels. Basic training
and career development training for employees of security service, staff working with
juveniles, increasing the communication skills, preventing discrimination, treatment of people
with mental health problems, implementation of approved protocols, treatment of drug users,
etc., have been organized. In early 2014, the assessment and approval of the training program
of basic and mid-level management, has been conducted. The publications and curricula of
the Prisons Training Centre, has been enriched with the following modules:
Manual of prison staff working with juveniles;
Manual for mental health in prisons ;
Manual for the employee of the prison system ( Increasing communication skills);
12 Administrative Guidelines in the prison system.
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During training sessions, discussions on the recommendations of the Ombudsman, the CPT
and inspections of the General Directorate of Prisons, as well as any problem that is
encountered in everyday work, has been incorporated. All modules and presentations are
based on the philosophy and basic standards of humane treatment and respect for the dignity
of persons deprived of liberty.
In collaboration with the Faculty of Communication Sciences of Tirana University, the
Department of Journalism, GDP has undertaken a new initiative of organizing a three weeks
training program with the participation of 66 personnel of middle managerial level in IECD,
on communication issues. This training aims to develop the necessary skills and capacities on
communication of personnel working with the specific categories, in order to improve the
way they approach to problem’s resolution and to find adequate solutions during the
everyday situations, aiming the best interest for these categories.
GDP in collaboration with Albanian Helsinki Committee has continued during this period of
time the training of multi-disciplinary of IECD on the implementation of 12 administrative
protocols on issues of social, health and security services. The approach with team working
techniques for the treatment of juveniles, mentally ill persons and other categories were some
of the important issues of this training process. These methods were presented through
concrete cases based on the best European working practices in penitentiary institutions
alternated with an interaction methodology which combine the theory with the practice in an
effective way.
The Training Centre in GDP in collaboration with the Albanian Centre of Rehabilitation
against Trauma and Torture has conducted trainings, on the new law of mental health, with
the participation 25 nurses from various penitentiary institutions.
The implementation of DCM "On the inclusion of persons sentenced to imprisonment and
pre-trial detainees in the category of economically inactive persons"
According to the Law no. 7870 dated 13.10.1994, "On Health Insurance in the Republic of
Albania", as amended, DCM no.88 dated 13.02.2003 "On approval of the Statute of the
Institute of Health Insurance," DCM no. 337 dated 06.04.2011 , "On the inclusion of persons
sentenced to imprisonment and pre-trial detainees in the category of persons not
economically active", was adopted tripartite contract between the Regional Health Insurance
institution, penitentiary institutions and Medicine Warehouse Distributors, for the provision
of health services funded by health insurance scheme. Approval of this contract is in the
frame of the implementation of certain obligations that Albanian state has received from the
recommendations of international and local monitors to improve health care in places of
detention. According to this agreement, persons deprived of their liberty will benefit all
medicines free from the state budget.
With the amendments of the project-Law, "On some amendments to the Law no. 8328 dated
16.04.1998 “On the rights and treatment of convicted and pre-trial detainees", as amended”, it
is added the article 33/1 "Detained persons are included in the category of economically
inactive persons and take advantage of the free services offered by the health insurance
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scheme”. With the approval of this project-law it will be sanctioned the recognition by law of
convicted and pre-trial detainees, as economically inactive category.
Strengthen the psycho-social support for juveniles and establishing a support system for
reintegration of juveniles after their release
Treatment of juveniles in conflict with the law is made in accordance with their capacity,
education, socioeconomic status, abilities and skills they possess. For the realization of the
social rehabilitation of juveniles, the penitentiary institutions, have put into place the
appropriate resources, providing so the moral support, vocational training, education, social
skills development, counselling, participation in joint activities and fostering contacts with
the outside world, in order to widen the perspective of social reintegration after release. The
social and psychological staff observes the juveniles personality, in order to assess the
psychological and social needs, abilities and willingness to work and vocational training.
Based on the results of the observation and the personal data, family, social, and the length of
the sentence, the social care staff compiles the detention plan for each juvenile and the
individualized treatment program, which is prepared by a group of specialists consisting of
psychologists, social workers and educators.
Special attention is given to the continuation and development of links between the juveniles
and their families. i) The juveniles are allowed to immediately inform their family, after
entering in a penitentiary institution, or after transfer from one institution to another. ii)
Under applicable law, the juveniles have the right to meet their family and relatives. These
meetings are conducted four times a month and last for 30 minutes. For juveniles who for
various reasons do not have personal contact with their families, institutions through social
workers aimed at restoring contacts. Pursuant to the General Regulation of Prisons, Article
61, minors were allowed telephone correspondence 16 times per month with their family,
relatives and friends.
The education of juveniles through attending the 9 -year compulsory education and
vocational training, constitutes the main objective of the daily performance. 99 minors attend
the educational process in the penitentiary institutions and about 55 minors are involved in
vocational courses like computer, foreign language, plumbing, etc.
In cooperation with the Albanian Helsinki Committee, a project for the juveniles settled in
Lezha Prison, has been started. This project consists of improving the services provided to
juveniles in this institution, as well as accommodation of minors in Lezha Prison in new
facilities. Also, with the Association “Meridia” a mutual application has been forwarded to
the Italian Cooperation, for a project focused on the integration of juveniles after release. This
project will be funded by IADS program, based on the agreement for debt repayment
between Italian and Albanian Government.
Also, with the Association “Meridia” a mutual application has been forwarded to the Italian
Cooperation, for a project focused on the integration of juveniles after release. This project
will be funded by IADS program, based on the agreement for debt repayment between Italian
and Albanian Government.
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Based to the reform on the prison system, GDP is estimating with priority two important
issues: the increasing number of psychologists particularly in Prison involving juveniles, and
their training, as well as the allocation of a special fund for providing didactic equipment for
the education process of juveniles.
In collaboration with the NGO-s, Save the Children and Merida, GDP is taking concrete steps
to facilitate the re-integration of juveniles deprived of their liberty after their release, by
organizing sessions with juveniles for preparation for re-integration; strengthening the
capacity of staff of the penitentiary where juveniles are accommodated by the installation of
the database of the distribution of potential actors of services, and training staff to use this
special program and the guidelines of use.
During 2013, there were managed 52 cases out of which 25 are cases of success such as:
enrolled in school; received professional courses; enrolled in work; benefited from the
scheme or internship.
During September 2013-April 2014, two regional workshops were held in Tirana and Korça,
with the participation of various public and private institutions that work directly with the
juveniles or have supporting role in the process of re-integration of juveniles in conflict with
the law.
GDP in collaboration with Merida have conducted seminars with the participation of social
staff of 5 penitentiary institutions, to improving the work instruments related to the
preparation for the reintegration of juveniles in conflict with the law; focus groups were
conducted with juveniles, where are discussed ways of measuring instruments and methods
of preparation for re-integration; there are conducted over 50 meetings with parents of
juveniles in conflict with the law, including individual and group meetings.
During April 2014, there are conducted 2 regional workshops in Vlora and Korça districts,
with the participation of different public and private institutions working with the juveniles or
who have supporting role in the re-integration of the juveniles in conflict with the law. GDP
in collaboration with a NGO (MERIDIA) has planned the organizing of trainings with the
participation of social care staff from 5 IECD, aiming the improvement of working
instruments related to the preparation for re-integration of the juveniles. For this purpose
during this period there have been managed 16 cases aiming the inclusion of juveniles in
society and their engagement in education, vocational training and employment process. 7 of
these cases are considered as success based on positive developments: 3 of the juveniles are
registered in school, other 3 cases in vocational trainings and 1 another is employed and soon
will be engaged in vocational training process. Other 9 cases are in follow up process.
In order to take concrete and direct measures in protecting the rights of children involved in
criminal proceedings, the General Prosecutor has issued Instruction no.03, dated 25.11.2013
"On the investigation of criminal offenses where a minor is involved as defendant, a person
under investigation, damaged and/or witness", reiterating legal obligations, it is required
higher attention and accountability of prosecutors and judicial police officers in handling and
prosecuting criminal cases in involving juveniles.
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The instruction aims at setting the basic principles for the protection of the rights of juvenile
defendants, person under investigation, damaged and/or witness of crime, which must be
respected in criminal proceedings.
Adaptation of police premises where minors are interviewed and held in minors friendly
environments:
During 2013, and the first quarter of 2014, were made possible construction / special
adaptation of facilities for interviewing minors in the Regional Police Directorate of Tirana,
Vlora, Korça, Fieri and Shkodra. The purpose of this agreement is the implementation of best
practices, contemporary interviewing minors, victims, witnesses to crimes, and juvenile
involved, creating special facilities for interviewing them, the Regional Police Departments.
Training of Police in collaboration with national and international organizations:
In the framework of preparation and approval on the ASP Order No. 300, dated 08.07.2013,
of Standard Operating Procedures for "Minors Treatment during preliminary investigation
CILSP representatives, and the Organization "Save the Children", organized some training
activities regarding this matter with the local structure of criminal investigations, the RPD
Tirana, Dibra, Korça, Durrësi, Shkodra, Lezha, Kukësi and Elbasani. (Development period of
training activities, October-December 2013).
In the framework of development of a 5-day training event, with the support of the "ICITAP"
Program and "Save the Children", in the Police Training Centre have been organized these
topics:
The legislation against sexual abuse of children and the situation of this phenomenon
in statistical terms.
Knowledge of standard procedures to be followed in cases of sexual violence against
children.
During December 2013 (dated 26 and 27) at the Police Training Centre has been conducted
one-day training with two teaching groups, of 25 employees for each group. The training was
attended by heads of sections of order in the Regional Police Directorates, medical staff and
the psychologists responsible of the RPD and the persons responsible for the security rooms
of police stations. The topic of this training was: "Guarantees offered by Albanian and police
legislation, for the psychological and health treatment of detainees / arrested at the police
stations." This training is conducted by the Centre for Rehabilitation of Trauma and Torture
in cooperation with the structure of the General Directorate of Police.
Respect to the privacy of persons deprived of their liberty.
In order to ensure the privacy when conducting calls by convicted/pre-trial detainees, the
telephony operators were asked to place "the hoods" in telephone apparatus, within June
2014.
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Prevention of torture and inhumane treatment
The General Directorate of Prisons in 2014 has signed 14 cooperation agreements with nongovernmental organizations, which have as their mission the protection of fundamental
freedoms and human rights. These organizations are permitted to carry out inspections of
detention facilities and prisons and receive direct contact with inmates without the presence
of police officers.
Increase of the transparency of the activities of the State Police and cooperation with civil
society organizations that defend human rights
A cooperation agreement no. 106, dated 26.06.2013"On prevention of torture, ill-treatment
and increase of the level of respect of the freedoms and rights of persons deprived of their
liberty, in the premises of the State Police”, was signed between the Albanian Rehabilitation
Centre for Trauma and Torture and the General Directorate of State Police.
Prevention of corruption acts in penitentiary system
In order to monitor the implementation of the right of persons deprived of their liberty
regarding the special and rewarding leaves, based on amended procedures for issuing permits,
the “Committee for assessment of rewarding and special leaves in prisons”, has been set up in
the General Directorate of Prisons.
Developments in the Probation Service
In implementation of the Prime Minister’s Order no.100, dated 21.02.2014 “On approval of
the structure and organizational structure of the Probation Service”, 30 employees are added
to the organizational structure. The total number of staff is increased to 134 employees. This
resulted in the reduction of the workload and increase of effectiveness of work of the
Probation Services in line with the European standards.
Activity in the sector of electronic monitoring
Electronic monitoring is one of the reforms implemented in the Albanian criminal justice
system and it became functioning in March 2013.
8 subjects have been subject to electronic monitoring from the start of its functioning.
Effectiveness of electronic monitoring has faced even problems which concern the technical
aspect and infrastructure. Work is being carried out to improve the functioning of this
monitoring and the process of electronic monitoring in continuation.
Concerning provision of information for the work with prisoners
Increase of human and financial resources for the civil society organizations certified to
supervise work with the convicts, especially the minors, in order to ensure the effectiveness
of the activity of the Probation Service, has been one of the recommendations of the Progress
Report 2013.
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Following this recommendation, the following steps have been taken:
A Memorandum of Understanding with OSCE, in Albania was signed in September
2013. Its aim is to merge efforts of the parties for implementation of the OSCE
Project "Effective practice for Probation Service in Albania, Phase V”. Under this
project, several trainings and activities have been organized aiming on the
improvement of the practice for the work done with the offenders by the Probation
Service and also promotion of cooperation with other stakeholders of the criminal
justice system.
Memorandum of cooperation with the NPO the Ideas Partnership, a project which
provided English Language Courts to the juveniles punished with alternative
sentences aiming at the involvement of minors in programme which contribute to
their education and vocational training.
Memorandum of cooperation with the Prisons which reflects the mutual commitment
of the Probation Service and general directorate of prisons for the exchange of
information for the activity and aim of the Probation Service.
Memorandum of cooperation with QSHPLI (Centres of Integrated Legal Practices and
Services) aims at mutual commitment for execution of alternative measures, ensuring
supervision of any alternative sentence against a minor and mainly work for public
interest through a supervision of any case and psychological support for the convicts
and especially supervision of implementation of alternative measures for the minors.
Moreover, several training activities have been organized with the OSCE Presence in Albania
in order to inform the employees of the most effective practices in the treatment of minor
convicts in the community.
23.3.2 Observance of International Human Rights
The Commissioner for Protection from Discrimination
Legislative recommendations and other recommendations to improve the situation of
discrimination
Legislative recommendations
In December 2013, the Commissioner for Protection from Discrimination send to the
Ministry of Justice recommendations concerning the draft law “On Code of
Administrative Procedures” focused on the transfer of the burden of proof in
discrimination issues.
In March 2014, the Commissioner for Protection from Discrimination sent to the
Ministry of Justice several recommendations to amend the Criminal Code aiming at
protection of LGBT persons from discrimination.
In March 2014, the Commissioner for Protection from Discrimination send to the
Ministry of Justice several recommendations to amend the Code of Civil Procedure,
in order to harmonise the domestic legislation with the law on protection from
discrimination, linked to the burden of proof in discrimination issues.
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Other recommendations to improve the situation of discrimination43
In the beginning of September 2013, the Commissioner for Protection from Discrimination
re-send to the Ministry of Education and Sciences and Ministry of Finance a recommendation
“to take urgent measures for approval of the joint instruction between Minister of Education
and Sciences and Minister of Finance, in order to ensure compensation of the price of school
texts, for the academic year 2013-2014 in the undergraduate education system”.
The Commissioner for Protection from Discrimination has send to all the Regional
Directorates of Education and Ministry of Education and Sciences the recommendation “to
take measures to fight discrimination linked to the right to education, in the beginning of the
academic year 2013-2014 of the undergraduate system”.
The Commissioner for Protection from Discrimination has send 16 recommendations to the
responsible authorities in order to improve the situation of Roma/Egyptian community and
disabled persons as regards access to employment and housing.
Special reports
The Commissioner for Protection from Discrimination has prepared a Special Report “On
situation of Roma community discrimination”, special report “On protection and respect for
rights of LGBT community in Albania”; annual report 2013 including a special chapter on the
situation of discrimination in Albania.
Review of complaints
During the period 1 September 2013 – 1 April 2014, the Commissioner for Protection from
Discrimination has handled a total of 174 cases, out of which 151 complaints (136 from
individuals and 15 complaints from organizations having legitimate rights) and 23 ex-officio
cases.44 The discrimination related complaints have been geographically extended, mainly
from municipalities and communes where the Commissioner for Protection from
Discrimination has organized raising awareness activities. During this period, the
Commissioner for Protection from Discrimination has issued 70 decisions (for 60 complaints
and 10 ex-officio cases). The Commissioner for Protection from Discrimination has found
discrimination in 15 cases. In one case it has imposed a fine for failure to enforce a decision.
The grounds over which discrimination has been claimed are mainly race, health condition,
disability and political convictions.
43
Some recommendations are presented in detail in the Annual report 2013 of the Commissioner for Protection
from Discrimination in the following address:
http://www.kmd.al/?fq=brenda&emri=Botime&gj=gj1&kid=142&kidd=80, page 54.
44
During the period July 2012- September 2013, the number of submitted complaints was 103 and the number of
ex-officio investigations was 24.
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In the frame of capacity building of the staff of the Commissioner for Protection from
Discrimination for handling complaints of discrimination by the Roma/Egyptian community,
two trainings45 were organised in March 2014.
During this period, it has been consolidated the case-law in reviewing the cases of
discrimination. On 20 February 2014, the Court of Appeal of Vlora46 upheld the decision of
the Judicial District Court of Fier for the finding of discrimination against an employee who
has been dismissed for discrimination grounds.
Another discrimination-related decision has been taken by the Judicial District Court of
Tirana.47It has found discrimination of the complainant in the area of employment relations
by a public entity, concerning failure to announce the vacancy for discrimination grounds.
Even this case has been reviewed before by the Commissioner for Protection from
Discrimination which issued a discrimination-related decision.
23.3.3 Economic and social rights
Women's rights and gender equality
Gender equality and domestic violence
On 29 October 2013, MSWY in collaboration with UNDP organized a technical
consultation table “Istanbul Convention is entering into force. Is our legislation ready?
" . The purpose of the table was to gather opinions of professionals in the field
regarding changes that should be made to the legislation in light of the Council of
Europe Convention.
On 31 October 2013, took place technical round- tables: Presentation of preliminary
results of the second survey of domestic violence from INSTAT supported by the
United Nations Development Programme in Albania and the Government of Sweden.
The purpose of this workshop was to gather feedback to improve the drafted the final
report of this survey, which will serve for measuring progress and adjusting policies
to prevent and fight this phenomenon.
On November 1, 2013, was held the ninth meeting of the Sectorial Working Group on
Gender Equality and Domestic Violence. The purpose was to present to the donors the
program priorities of the government from 2013 to 2017, for gender equality and the
fight against domestic and the calendar of activities of the campaign against domestic
violence.
In the framework of the 16th annual campaign days of activism against violence
against women under the slogan "Boys and men part of the solution. Show you're
against violence "were coordinated by MMSR in collaboration with NGOs and civil
On 4 March 2014, the training “Open days with Roma and Egyptian Community” was organised and on 25-26
March 2014 the training “Human rights and non-discrimination of Roma and Egyptian minorities” was
organised under the project “Supporting social inclusion of Roma and Egyptian communities”.
46
Decision no. 280 dated 20.02.2014 of Court of Appeal of Vlora.
47
Decision no. 3229 dated 10.03.2014 of Judicial District Court of Tirana, http://www.gjykatatirana.gov.al/ .
45
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society supported by UNDP and UN WOMEN a number of activities both at central
and local levels. Purpose: The inclusion of men and boys as part of the solution
against violence. Main activities:
On November 5, 2013 was held a meeting with gender employees in the ministries
and municipalities to develop a plan of measures "For the involvement of men and
boys in the fight against domestic violence, " supported by UNWOMEN.
6 November 2013, meeting with municipal gender employees and NGOs, to develop a
coordinated calendar of activities for the campaign of 16 days of activism against
domestic violence.
25 December 2013. Campaign activity for the opening of 16 days of activism against
violence "Orange Day" by MSWY, UN Women, UNDP and Community Center
“Today for the future".
December 2, 2013. Meeting of Minister Veliaj for sensibilization on domestic
violence with students of the Faculty of Social Sciences. The meeting was attended by
the OSCE Ambassador to Albania and Deputy Minister of Education and Sports.
6 December 2013, the National Conference "Boys and men part of the solution: Show
you're against violence”. Purpose was the inclusion of men and boys as part of the
solution against violence.
10 - December 2013 MSWY, UNDP, UN WOMEN, the Swedish Embassy, the
Municipality of Tirana provided a manifesto on the occasion of the closing of the
campaign 16 days of activism against gender based violence.
In the framework to establish and strengthen support services for victims of domestic
violence the priorities for 2014 are: a) Establishment and operation of an online
system for registration and monitoring of cases of domestic violence, b) the
establishment of counseling line. Regarding these two priorities are organized the
following activities:
29-30 January 2014. MSWY in collaboration with UNDP carried out training for
coordinators against violence: Computerization of data and referral mechanism in
cases of domestic violence: Usage of the national online system of cases of domestic
violence. There were trained about 36 people.
On 25 February, 2014 – Meeting of MSWY technical experts and representatives of
UNDP to discuss the operation of the online system of registration of cases of
domestic violence.
During March- April: has started the procurement for selection of the operator for the
hosting of this system.
On 25 February, 2014 Meeting with experts and representatives of UNDP and
UNFPA for the establishment of national line for victims of domestic violence to
discuss for the models of national line.
Regarding the gender budgeting issues has started the consultation process with line
ministries for implementing the DCM No. 465 dated 16.07.2012 "On gender
mainstreaming in the medium term budget program". This process is organized in
collaboration with the Ministry of Finance and UNWOMEN:
o 17 February 2014: "Meeting Information for gender budgeting "MSWY&
UNWOMEN”.
o 12 March 2014: Technical meeting “On the preparation of Medium Term Budget
Program 2015-2017” with MoF, MSWY and line ministries representatives.
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o During April will start the training cycle for gender budgeting for the line
ministries specialists.
In the framework of the international day of women and girls, on March 8th, were
organized events with the collaboration and support of international organizations at
the central and local government institutions, civil society and NGOs.The main
activities are:
o It was held on the initiative of the Alliance of Women Parliamentary Members, on
March 8th a joint session of Kosovo's women MPs in order to lobby for joint
efforts to increase women decision-making and empowerment of women.
o For this purpose, on March 4th was held the National Council for Gender Equality
meeting. In this meeting were emphasized the implementation of the Government's
priorities for achieving the objectives of gender equality and gender
mainstreaming.
o TV programs in the media by representatives of institutions, and civil society.
Children's rights
Activities in the field of protection of children's rights
During May 2013, Institute of Statistics (INSTAT) in collaboration with MoLSAEO and
International Labour Organization (ILO), in the framework of International Programme
on the Elimination of Child Labor (ILO / IPEC) presented the results of the National
Study on Child Labour for 2010. The data and conclusions found in the study will serve
as a challenge for policy makers and further steps in the fight against this phenomenon.
In June 2013, Ministry of Labour, Social Affairs in collaboration with the State Agency
for Protection of Child Rights (SAPChR) organized the National Conference "Childhood
protected, Safe Childhood - A Progress on the Development of Society and State. The
conference presented the problems / challenges as well as measures taken for the
protection of children's rights by representatives of the central and local government and
also were presented the problems and recommendations of children representative of
"Voice 16 +". Further, the Head of the State Agency for Child Protection presented the
draft annual report on the implementation of the Action Plan for Children 2012-2015 for
each of the strategic objectives contained in the plan.
MMSR participated consistently in the technical tables developed in the framework of
the "children in street situations in Albania" undertaken by organizations UNICEF and
Save the Children, implemented by ARSIS and Gfk. In these tables have been presented
the findings during the various stages of the count of children in street situations which
will further serve the policy makers within the initiative "No child in street situations".
Activities during the month of November in the framework of the International Day for the
rights of children:
The public hearing about the rights of children, initiated with the proposal by the
Centre for Protection of Child Rights (CRCA). In this hearing and the Commission of
Labour, Social Affairs and Health were invited by the Commission representatives of
government institutions, representatives of independent institutions and civil society.
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In the framework of the International Day of Ratification of the Convention on the
Rights of the Child, a meeting was organized at the MSWY on November 19 between
representatives of a group of children and four representatives, namely the Minister of
Education and Sports, Ministry of Social Welfare and Youth, Minister of Health and
Minister of the Interior. Children raised questions and raised various issues with
which faced. Questions and concerns raised by the children will be taken into
consideration and will be in the focus of policymakers. Also in the same day was
organized the exhibition of works by children with disabilities.
Regional Conference on November 12-13 “Strengthening the child protection system.
Protecting children from violence" organized by UNICEF in collaboration with the
Council of Europe, with the participation of the Prime Minister, Minister of Social
Welfare Minister of Social and Youth, representatives of state institutions, nongovernmental experts from countries of southeastern Europe. In this conference were
shared experiences and practices from expert’s representative of Southeast- European
countries associated with the child protection system that will serve the existing
system of child protection in Albania.
Organization of the theatrical play by MSWY with the support of the organization
World Vision in collaboration with mobile theatre group Çajupi, in order to convey
positive messages and awareness of children to their rights.
On November 20, a Conference was organized by UNICEF and the Observatory for
the Rights of the Child, with participation from MSWY representatives and other
responsible institutions where the Reporting Card was launched: Child Poverty in
Albania. "This card presents a comparative view of welfare children in Albania, using
recent data and figures. This report contributes to the development of national and
regional public policies of social welfare in the best interest of the child.
29 November: 40 children from institutions of MWSY (Roma children, orphans,
people with disabilities and high school students) were selected to visit the premises
of the Prime Minister and had a meeting with the Prime Minister of Albania.
During December it was organized the consultation meeting with representatives of
civil society and state actors to share and discuss the draft budget planned for children
in 2014
Monitoring the implementation of the law “On Protection of Child Rights”. Periodic
monitoring reports on the situation of the child rights in the country
State Agency for Protection of Child Rights (SAPCR), an executive institution of the
Ministry of Social Welfare and Youth, has the mission to monitor the implementation of the
law “On Protection of Child Rights " and coordinate all stakeholders at national and local
level, for an effective implementation of child rights in the country .
SAPCR drafts annual reports for the implementation of the law 10347 and the Action Plan
for Children. On April 2014 has started the collection of the information in order to draft the
annual progress report on child rights May 2013 - May 2014 and gathering all annual
statistics for children.
The annual progress report is compiled based on information gathered from line ministries,
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central institutions, Child Rights Units and Child Protection Units, NGO. The report is
accompanied with statistical data for children, collected from INSTAT, central and local
institutions, according to the indicators set by DCM 267, dated 12.04.2012 “For types, ways
of sharing information and statistical data requested by the SAPCR and the responsible state
structures at central and local level "
The annual report will be launched at the national conference for children on June 2014.
On 31 January 2014, SAPCR drafted and submitted to the Secretariat of the Council of
Europe the first state report of Albanian, on the implementation of the Council of Europe
Convention on "Protection of Children from Sexual Abuse and Exploitation” or as otherwise
called Lanzarote Convention. Albanian has ratified this convention in 2009. SAPCR is the
Albanian representative in the Committee of the States of Lanzarote Convention, which is a
monitoring mechanism for all countries that ratified the convention.
Training / workshops at central / local level regarding implementation of child rights
During December 2013 the State Agency for the Protection of the Rights of the Child
(SAPCR) in cooperation with Tirana Legal Aid Service (TLAS), Ministry of Health
organized training on “Improving the system of recording and reporting of births of children.
Although there have been improvements to facilitate legal registration of unregistered
children, it remains necessary training of professionals who face this phenomenon for the
correct implementation of procedures. Child Protection Units (CPU) and maternity health
workers are key players in identifying such cases. Training was held in 5 regions of the
country (Elbasani, Tirana, Durrës, Fieri and Berati) and 130 employees were trained.
It signed a cooperation agreement between the Ministry of Social Welfare and Youth,
Ministry of Interior, Faculty of Social Sciences and a group of NGOs, to realize Training
Course on Child Protection Issues according to a set curriculum. For the first 20 employees
for child protection course started on 16 December 2013.
It is signed a cooperation agreement between the Ministry of Social Welfare and Youth,
Ministry of Interior, Faculty of Social Sciences and a group of NGOs, in order to realize the
“Training Course on Child Protection Issues”. The course is offered by the Faculty of Social
Sciences under a defined curriculum. The course lasts one year. On December 16 the course
started for 20 employees of child protection.
Socially vulnerable and/or persons with disabilities
Planned policy framework / Short-term measures
Regarding legislative measures and legal framework which regulates housing is relatively
full. This framework provided complemented by some sub -legal for 2014.
Short legislative measures envisaged for 2014 are:
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Establishing regulations to implement the law on housing.
Draft for “procedures, criteria and priorities for the benefit of the immediate Grant
The draft decision on “the categorization of persons with disabilities who receive
priority for housing
Draft Terms of Reference for obtaining small grants for Roma and Egyptians
whenever funds are approved in the budget.
Legislative measures to monitor the performance of law enforcement at the local level are
needed, with a view to implementing priority criteria defined by law, based on the income
limits set. Coordination with local government units remains also important.
23.3.4 Respect for and Protection of Minorities, Cultural Rights
Roma
As regarding education, Minister of Education and Sports in order to provide opportunities
and define responsibilities for the academic year 2013-2014 drafted:
No. 29, dated 08.02.2013, "On the procedures of attendance of basic education with
part- time.
No. 31, dated 08.02.2013 "On the procedures of attendance of basic education for
students who have not attended at least two classes of basic education.
Order no. 344, dated 19. 08.2013 “Establishing unit for psycho – social service”.
Currently 87 % of Roma children are educated in basic education with the ultimate objective
of education for all Roma children. The number of Roma children who are part of the
university education system for 2013-2014 is 4219 total, whilst in 2012-2013 this number
was 4095.
Registration of Roma children in the first school grade continues, even though they are not
provided with a birth certificate during the first month of the school year. Roma children in
compulsory education receive free textbooks in school where they are enrolled.
For identifying and attracting the marginalized children and to increase confidence at the
school and minimize school dropout, in the summer holidays in 2013, 11 Regional Education
Directorates and 7 Education Offices , in collaboration with UNICEF and other associations
were opened and operated 60 summer camps , where from a total of 2,677 children, 722
were Roma and Egyptians .
In establishing friendly schools for every student, through cross-institutional cooperation,
integrated approach was piloted with "food in school” in the school " Naim Frasheri" in
Korça, in school year 2012-2013 was supported with 335 grants/ food quota for Roma and
Egyptian students. By DCM no. 665, dated 08.07.2013, this will continue for the academic
year 2013-2014
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Regional Education Directorates/Education Offices, during 2013 have trained 563 teachers to
advise parents of Roma and have carried out 442 campaigns with the participation of over
1,500 Roma parents.
In respect of the cultures within the school and the harmonization of the interests of students,
school directorates in collaboration with children, parents and the community have planned
perennial intercultural activities with children and parents Roma and non-Roma. During 2013
in 96 schools are organized 602 intercultural activities with the participation of over 4800
students.
RED /EOs, in schools and classes attended by Roma children, have appointed experienced
teachers, dedicated to work and maintaining communication ethics. From 939 teachers
working with Roma students, 798 of them are highly educated and 141 middle-level educated
in teaching with over 20 years of work.
In schools of the Roma and Egyptian community are operating 63 boards where are
represented 98 Roma and Egyptian parents.
For attendance and progress of students in the learning process, are set up and function
support groups near schools with the participation of the teacher, psychologist, school board,
student government and members of the Roma community.
Pursuant to the recommendations of the "Seminar on awareness for the inclusion of Roma
and Egyptian communities, within Albania's EU integration", MES, has developed an action
plan with the guidance of the Minister of Education and Sports, for school year 2013-2014, in
Secondary Education, charging with the responsibility of all RED / EO for the timely
implementation of activities outlined in this plan, which is scheduled with the respective
budget. In this framework, the focus is not only on the continuity of the activities carried out
so far, but also starting new initiatives for the future the experience, therefore:
In the agreement made between associations and school directorates, approved by RED / EO
and MES, nearby schools is organized differentiated labor and supplementary lessons with
students with delays and difficulties in learning.
With regard to statistics collected by the end of the year 2013, in the field of education and
vocational training the figures are presented as follows:
200 unemployed Roma jobseekers were trained during 2013 in various professions
courses (nationwide), in request in the labour market, at public vocational training
centres (PVTC).
9439 unemployed Roma and Egyptians are enrolled in December 2013 near
employment offices, who have benefited from the advice and guidance of the staff of
employment services, as well as the sensibilisation and pursuit of their professional
training professional courses in the Regional Public Vocational Training (DRFPP).
9 unemployed Roma and Egyptian were employed by employment promotion
programs.
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23.3.5 Protection of personal data
Regarding the protection of personal data the Commissioner for Personal Data Protection has
issued the following:
Decision No.6, dated 05.08.2013 “On determination of detailed rules for personal data
security” was approved.
Following the amendments to the Law No. 9887, dated 10.03.2012 “On protection of
personal data”, approved with the Law No. 48/2012, the approval of two specific instructions
which define in details the security measures that small and large controllers should
undertake, it was found reasonable the abrogation of Decision No. 1, dated 04.03.2010 “On
determination of detailed rules for personal data security” and the approval or Decision No. 6.
Instruction No.35, dated 07.05.2013 on “Processing of personal data for elections
campaign purposes”;
This instruction aims to define the rules for processing personal data from the candidates
during the elections campaign. The instruction brings several important innovations such as
the provision of the obligation for the candidate to notify the Commissioner for Personal Data
Protection whether he or any third party processes personal data on his behalf, for elections
campaign purposes.
Instruction No.36 dated 05.07.2013 on “Some rules for processing personal data in
Official Statistics”;
The instruction regulates certain rights and obligations of controllers that operate statistics
under the Law No .9180, date 5.2.2004 “On official Statistics”. The need for the adoption of
this instruction has arisen as a result of the developments and frequent impact of personal
data processing in the areas of activity of the statistics in the Republic of Albania.
Decision No. 37, dated 10.07.2013 “On protection of personal data during processing of
fingerprints by public institutions”;
The purpose of this instruction is to establish binding rules to the public institutions for the
collection and processing of fingerprints of the employees, for the verification of the
employees attendance (entry or exit from the institution)
Decision No. 38, dated 05.08.2013 “On the actions of the Albanian Adoption Committee,
prior to the processing of personal data”;
In the framework of the amendments to the Law No. 9887, dated 10.03.2008 “On protection
of personal data” it was found reasonable the abrogation of Instruction No. 8, dated
223
31/08/2010 “On the actions of the controller, Albanian Adoption Committee, prior to the
processing of personal data” and the approval of a new act.
Instruction No. 39, dated 05.08.2013 “On processing of personal data in public
registers”;
The purpose of this instruction is to establish the mandatory rules to be implemented by
public institutions regarding the collection, processing and publication of personal data
containing public records.
Joint Instruction approved by KMDP and the Ministry of Internal Affairs “On appointing
the institutions and bodies which receive personal information from the Civil Status
service, and on the way, kind and amount of information they should receive”.
This instruction determines the institutions which have access to the registry of Civil State,
the legal base on these cases, purposes for which they use personal data, their amount and
kind.
Regarding further details on the important acts, proposals for amendments, activities
handling complaints and inspections, please refer to Annex III.23.4
224
CHAPTER 24: JUSTICE, FREEDOM, AND SECURITY
24.1
External Borders
Legal developments
Decision of the Council of Ministries No. 119, of 5 March 2014 “On the approval of the
Integrated Border Management National Strategy and the Action Plan 2014-2020” is
approved. This strategy indicates the path to be followed for the consolidation of the
interagency cooperation, international cooperation and the cooperation for the practical
implementation of the compensatory measures for the inland control. The cooperation will be
realized in: legislative and regulatory framework, institutional framework, procedures, human
resources and trainings, communication and information exchange, infrastructure and
equipments.
Short term legislative measures
Decision of the Council of Ministries No. 93, of 6 February 2013, “On the approval of the
Agreement for the Joint BCP Grabon - Zatrijebacka Cijena with Montenegro” is approved.
The draft of the Implementation Protocol has been prepared.
Short term implementing measures
Establishment of joint centres for the exchange of information with Montenegro,
Kosovo, Macedonia and Greece continues. The collaboration with the Joint Center of
Police Cooperation with FYROM and Kosovo is intensive. Good results are achieved
in the framework of these joint centres. With Montenegro and Greece the work is in
progress.
The opening of Joint BCP Grabon - Zatrijebacka Cijena with Montenegro. Agreement
for the opening of this BCP was adopted. The protocol for implementation was
drafted and the adoption by the Ministers of Internal Affairs of the two countries is
expected. With Montenegro the work is in progress.
An initiative for a Trilateral Centre (Greece – Albania – Italy) is launched by the
Republic of Albania. Letters declaring the political interest have been sent by Albania
to Greece and Italy and also to the European Commission.
The project for implementation of electronic work in Border and Migration Police
structures is in progress. The project is already implemented at big BCPs. It is
foreseen to be operational during 2014.
Midterm implementation measures
The work with the Joint Centre of Police Cooperation with FYROM and Kosovo
is going on and the results are satisfactory. The draft of the protocol with
Montenegro has been prepared and it is expected to be approved. There has not
been any progress regarding the joint centre with Greece.
225
In the framework of the assessment of standards of Border Police on the basis of
the Schengen standards:
Two assessments teams were established and trained according to Schengen
standards;
Three assessment missions were conducted between September 2013 and January
2014 in cooperation with an international expert;
Capacity for self-evaluation will be further enhanced in cooperation with
international partners (training on the new Schengen evaluation mechanism and
further missions foreseen).
Data from period September 2013 - March 2014
Good results are reported form the structures of border control involved in the investigation
of criminal offences. From September 2013- March 2014 are as follow:
During the period 01 September 2013- 31 March 2014, 323 criminal offences have
been identified by the structures of crime investigation, 261 of which have been
detected with 342 perpetrators, 123 of which were arrested, 14 detained, 145
prosecuted while free and 6 declared wanted.
There have been 213 criminal offence cases that are subject of the border police
investigation sector, 189 of which have been identified.
There have been 172 criminal offence cases that are not subject of the border police
investigation sector, 189 of which have been identified.
Wanted person apprehended. 224 persons internationally wanted 8 from the system
ASF 2 and 25 requested by Kosovo.
During the period September 2013 - March 2014, 8400 kg Cannabis Sativa, 28.29 kg
heroine and 18.811 kg Cocaine.
Capacity building
In order to enhance the capacities of the border control structures, during this period series of
trainings have been conducted, on a number of topics, such as:
Schengen procedures;
Control of foreigners within territory;
Falsifying the documents;
Specific knowledge of maritime operational communication;
Green border.
For a detailed list of trainings conducted during the reporting period, please refer to Annex
III.24.1
Inter - Institutional Operational Maritime Centre (IMOC)
Between 1 September 2013 and 31 March 2014 the Inter - Institutional Operations Maritime
Centre (IMOC) have carried out 69 vessel verifications, 13 operations against trafficking of
narcotics, 19 SAR operations and 21 operations against illegal fisheries. IMOC cooperates
with national and international partners for the exchange of information in the maritime
domain, particularly in the sea space of common interest with the neighbour countries.
226
The radio communication TETRA system is used to make possible communication between
IMOC and services in the field, as well as with all institutions in the IMOC. From a national
perspective IMOC provides TETRA radio communications for all institutions involved in the
maritime operations.
The Border and Migration Police provide TIMS and MEMEX.
The Coast Guard provides ISSSS.
The Harbour Masters provide their port operations information daily.
There is also future information exchange sources requested from national agencies involved
in IMOC. In this regard access to ASYCUDA system will be provided by the General
Directorate of Customs.
A cooperation agreement was signed for the exchange of classified information between
border police and costal guard services. The cooperation agreement with Guardia di Finanza,
regarding joint maritime operations in order to prevent and detect criminal activities through
sea between the two respective countries, was renewed.
IMOC operates the following information exchange sources with international agencies with
interests in the maritime domain:
Border and Migration Police with the FRONTEX centre in Piraeus (Greece).
Coast Guard communication with the MRCC's centre in Piraeus (Greece), Bari (Italy),
Rijeka (Croatia).
VRMTC – SMART Wider Mediterranean Community initiative with the Italian
Navy's data exchange system involving more than 20 member countries.
IMOC is interested in the future information exchange sources with international agencies,
with interests in the maritime domain. IMOC is particularly interested in exchanging
information with the EU countries involved in the CISE project. The VRMTC-SMART is
intended to be expanded with the automated information exchange of the AIS data on the
Albanian coast. IMOC through its institutional coordination with Ministry of Internal Affairs
is interested in a closer cooperation with FRONTEX.
IMOC's TETRA network has been expanded through the supplies to the institutions involved,
reaching more than 250 radio terminals. A TETRA Mobile Station is installed in the main
vessels of the Coast Guard and it is expected to provide instalment in the incoming vessels.
Coast Guard's TETRA network will be upgraded with radios and features, in order to ensure
flexible communication in SAR operations.
The Naval Force
The Naval Force, as one of the law enforcement agencies which coordinates its actions with
other law enforcement agencies acting at sea within IMOC, has given the following
contribution related to Blue Border Management:
227
Surveillances of the Maritime Space through Integrated Maritime Space
Surveillance System (SIVHD);
Patrolling and increase of Naval Force ships presence in the Albanian maritime
space;
Development of law enforcement operations by Naval Force/Coast Guard ships
alone and as well as in collaboration with other institutions with interests in the
sea;
Development operations from Naval Force/Coast Guard ships for search and
rescue (SAR) and operation which contribute to the maritime security;
Maintain in readiness the system of buoys and light stations which increase the
security of navigation for all maritime space users.
For the period September 2013 to April 2014 in this regard there are several positive
developments which give direct impact on the achievement of these objectives by Naval
Force:
After a reduced presence by Naval Force/Coast Guard patrol boats in the maritime
area of the Republic of Albania in the second half of 2013 the presence of Naval
Force /Coast Guard ships in the maritime area of the Republic of Albania is again
growing in 2014 and patrols by Naval Force ships continue and will increase.
The Integrated Maritime Space Surveillance System (SIVHD), which was not
operational in full capacity in the second half of 2013, is again operational since
February 2014 and realizes full coverage of maritime space.
In the Naval Force Modernization Plan the establishment of thermal cameras in some
of the forwarded points of the SIVHD, and on aboard of some of ships of the Naval
Force is foreseen.
24.2 Migration
Midterm Legal Initiative 2013-2015
In terms of infrastructure:
- The electronic module E on Permit of stay, is concluded and functions normally;
- The first phase of the electronic model “Irregular Foreigner” is concluded and tested in
cooperation with IT.
In terms of legal framework:
The Draft Decision of the Council of Ministers “On the definition of the model
specifications and documents: Identity card for the foreigners, pass permit for
foreigners, permit of stay for foreigners” is prepared; it is foreseen to be approved in
June 2014.
The Draft Decision of the Council of Ministers “On migration profile for 2013” is
prepared; it is foreseen to be approved in June 2014.
The Rules “On the Treatment Procedures of the Foreigners that do not comply the
conditional for entry, stay or resident terms, in territory of Republic of Albania” is
prepared. It is foreseen to be approved within May 2014.
228
The Rules “On cooperation between the structures of the Ministry of Internal Affairs
and National Intelligence Service on The Treatment Procedures of the foreigner’s
citizens staying or residing in the territory of the Republic of Albania" are prepared.
They are foreseen to be approved in May 2014.
The Rules “On cooperation between the structures of the Ministry of Internal Affairs,
Ministry of Foreign Affairs and National Intelligence Service on the procedures of the
visa issuing for the foreigners” are prepared. They are foreseen to be approved in June
2014.
In the framework of the DCAF-Program on Border Security a regional agreement for joint
returns of foreigners, its implementation-protocol and the management agreement for the
joint platform of data for development of a regional early warning system and risk analysis
"Border Guard" is negotiated.
In general there are no major difficulties remaining. In the framework of implementation of
Readmission Agreement EU-Albania, Albanian contracting party has accepted the draft of
the Greek contracting party on the Implementation Protocol for Readmission between the
Republic of Albania and Greece. The signature by the Greek counterpart is awaited.
The process of identification of the third countries who could sign the readmission
Agreement and implementation Protocol also continues. The readmission agreement and
implementation protocol with Moldova has been signed and the first phase of negotiations for
a readmission agreement and its implementation-protocol with Russia was concluded. There
was a declaration of interest by Pakistan for negotiating a readmission agreement and
implementation protocol. Albania is preparing the relevant texts to be forwarded through
diplomatic channels.
There have been taken institutional steps on the signature of the readmission protocols
between Spain and Romania.
Other developments in this field include:
The trainings of responsible structures in the field of migration continue. 20 border
and migration police employees of the BMRD of Korça were trained on the prescreening procedures of irregular migrants at the border.
Improvement of logistics and IT capacity in migration management interest is
undergoing.
In the framework of the existing cooperation, the UNHCR National Office in Tirana
agreed to assist the competent structures in the pre-screening process of irregular
migrants with computers.
The reception premises in BCP and in the BMP for the returned nations are improved.
The National Office of UNHCR in Tirana has offered assistance for the improvement
of the reception conditions for irregular migrants at the BCPs Kakavija, Kapshtice and
Hani i Hotit.
Monitoring the implementation of the Strategy for Reintegration of returnees and its
Plan of Action, as well as the new Migration Strategy and its Action Plan, is foreseen
to be adopted in the short term period.
229
In the framework of the implementation of the Readmission Agreement EU-Albania
during the period 1 September 2013 - 31 March 2014 a total of 11,963 Albanian
citizens were returned/ deported from EU/Schengen countries to Albania.
In the framework of institutional obligations for implementation of the Strategy for
Reintegration of Returnees and its Action Plan 201-2015, BMP (Border Crossing Points) has
distributed 11,963 leaflets associated with addressing them at the desks in the Regional
employment offices.
Greece
France
Montenegro
Macedonia
Great Britain
Sweden
Total
603 operations / 70079 returned citizens
41 operations / 359 returned citizens
10 operations / 29 returned citizens
139 operations / 355 returned citizens
9 operations / 287 returned citizens
5 operations / 36 returned citizens
807/Operations
8145 returned citizens
These data are related to the reporting period from 1 September 2013 to 31 March 2014.
Operations of returned citizens from third countries, from Albania to Greece:
Closed centre for foreigners: 29 operations/189 third country citizens
In the framework of institutional obligations for implementation of the Strategy for
Reintegration of Returnees and its Action Plan 2012-2015, BMP (Border Crossing Points)
has distributed 11,963 leaflets associated with addressing them at the desks in the Regional
employment offices.
During the period 1 September 2013 to 31 March 2014 remained in force the measures taken
during the preceding period that resulted efficient in the significant reduction of applications
for change of name. Statistics on requests to change the name and persons who have had
records in TIMS is presented in the chart below.
230
Axis Title
100
90
80
70
60
50
40
30
20
10
0
Requests for changes of name and irregular persons
13-Sep
13-Oct
13-Nov
13-Dec
14-Jan
14-Mar
36
Febrary
14
18
Requests
92
47
41
33
Irregular persons
38
13
11
7
12
10
10
18
Regarding the awareness activities, the Ministry of Internal Affairs has organized a television
spot, which is broadcasted by the national media to inform the public on rules and
infringement penalties while travelling in the Schengen area.
A task force was created for the purpose of monitoring the visa liberalization process signed
by the Order of Prime Minister, no 39, of 5 February 2014. The Task Force creation was
initiated by the Ministry of Internal Affairs and right after Brussels meeting
Recommendations, dated 17 December 2013 for the visa liberalization issues “Third Meeting
of the High Officials from Western Balkans on PVLMM (Post Visa Liberalization
Monitoring Mechanism). The Task Force is an inter-institutional group headed by Deputy
Minister of Internal Affairs.
A joint readmission operation was organized with French Authorities, Frontex and Albanian
State Police on 4th February for the readmission of 48 Albanian citizens. Another joint
readmission operation was organized with the Home Office in London for the readmission of
47 Albanian citizens.
A TV spot is being broadcasted by a national TV regarding the respect of the rules of free
movement within Schengen area.
Meeting with several ambassadors/deputy ambassadors of EU countries are organized to
strengthen collaboration in regards to the issue of asylum-seekers.
Implementation of the Action Plan of the Strategy for Reintegration of Albanian citizens
returned to the country, 2010-2015.
The last monitoring report covers the period January 2013 – December 2013. In July 2014 a
report on implementation of APR for the period January 2014 – June 2014 will be finalized.
From the monitoring report of 2013, results that from 42 measures of the APR, 25 measures
are implemented, 2 measures are not implemented, 15 measures are in the process.
231
The Action Plan of the new strategy for skills and employment 2014-2020, is being finalized
in April 2014 and is expected to be adopted very soon. The labour migration policies will be
included in the new draft/strategy and its action plan.
24.3 Visa policy
Albania considers that visa liberalisation has fulfilled its main objectives. Since its entry into
force, the implementation of the visa free regime by Albanian citizens has been generally
smooth. Albanian citizens have generally respected the rights and obligations that the visa
liberalization process requires.
An EASO Mission on asylum matters took place in Albania during July 2013 and an emeeting between high authorities of Albania and of European Commission was held during
July 2013, to address the issue of increasing trend of unfold asylum seekers from Western
Balkans in the EU.
Albania provided comprehensive information on steps taken and foreseen to address the
current situation of asylum seekers in EU Member States. A comprehensive and narrative
report for the whole last year is being compiled.
On 19-20 December 2013, Albania participated at the EU-Western Balkans Ministerial
Forum on Justice, Liberty and Security, organized in Budva, Montenegro. During this
meeting, the issues of visa liberalization with the EU, illegal migration and unfold asylum
seeking matters were discussed.
24.4 Asylum
The draft law on asylum is sent for approval to the Council of Ministers. The previous law on
reintegration and family reunification is an integral part of the law on asylum.
Directives which aim to fully approximate the law are listed below:
Council Directive 2001/55/EC, dated 20 July 2001 “On minimum standards for giving
temporary protection in the event of a mass influx of displaced persons and on
measures promoting a balance of efforts between Member States in receiving such
persons and bearing the consequences”;
Council Directive 2003/9/EC, dated 27 January 2003 “Laying down minimum
standards for the reception of asylum seekers”;
Council Directive 2003/86/EC, dated 22 September 2003 “On the right to family
reunification”;
Council Directive 2005/85/EC, dated 1 December 2005 “On minimum standards on
procedures in Member States for granting and withdrawing refugee status”;
Directive of the European Parliament and of the Council 2011/95/EU, dated 13
December 2011 “On standards for the qualification of third-country nationals or
stateless persons as beneficiaries of international protection, for a uniform status for
232
refugees or for persons eligible for subsidiary protection, and for the content of the
protection granted”.
The Directorate of Citizenship and Refugees is cooperating with the Civil Status Directorate
for providing travel documents (ID card and Travel document) to refugees.
Information on current statistics on asylum seekers is provided in the annex III.24.2 attached.
24.5 Police cooperation and fight against organised crime
International Cooperation
In December 2013 Albania signed an Operational and Strategic Agreement with
EUROPOL;
National Central Bureau (NCB) INTERPOL continues to play the major role
information exchange at national and international level. At NCB Interpol Tirana, 134
persons declared wanted internationally from the Albanian Judicial authorities.
Additionally, 56 persons extradited to Albania, 93 persons arrested and extradited to
other countries;
The ASP took an active part in “Mirage 2013”, an international operation to prevent
human trafficking in Eastern European countries of persons from African and Asian
countries. Another operation, named “LEASE CAR II”, was coordinated by SELEC
in Romania in October 2013 and resulted with the seizure of 10 vehicles trafficked
into Albania, with a value of 75,000 Euros. In September 2013 Albania participated in
‘Joint Police Operation (JPO) Europe 2013’, led by Italy in support of Europol and
law enforcement authorities from a large number of countries. This operation targeted
the movement of stolen vehicles from EU states towards Eastern European countries,
129 stolen vehicles with a value of almost 2 million Euros were recovered. In Albania
a total of 5,019 vehicles checked and 21 vehicles seized;
The Europol Operational and Strategic agreement was signed on 9 December 2013
and ratified by the Parliament on 20 March 2014 by Law No. 28/2014. Albania signed
an agreement with Croatia on police cooperation on 20 March 2014. An Operational
Protocol between the ASP and the Department of Public Safety of Ministry of Interior
of Republic of Italy is signed in 30 January 2014. A Cooperation Agreement in the
field of security between the Council of Ministers of the Republic of Albania and the
Government of Federal Republic of Germany is ratified on 13 January 2014. Other
international agreements are currently in process with Kosovo, Turkey, Russia
Federation, United Arab Emirates, Slovakia, Netherlands, Montenegro, Serbia, and
Bosnia and Herzegovina. An achievement is the draft cooperation agreement among
Albania-Italy-Greece, in fight against illicit trafficking at sea and the establishment of
a joint centre police cooperation in Saranda, Albania. The draft is sent to both
countries.
Fight against Trafficking Human Beings
Albania has continued its work to revise its legislation, management of resources and
operational focus in response to the ongoing wave of trafficking offences across its borders.
233
Short Term Implementing Measures
On 4 October 2013 a new coordinator against Trafficking of Human Being was appointed in
the capacity of Deputy Minister of Interior. The “National Action Plan for the Fight against
Trafficking in Human Beings 2011-2013” and its supplementary document “National Action
Plan for the Fight against Trafficking in Children and Protection of Children Victims of
Trafficking 2011-2013” guided the policies and measures throughout the year 2013. The new
strategy for period 2014-2016 is being drafted and prepared to be launch by June 2014.
For the first time in the year 2014 ATU (Anti-Trafficking Unit) will have a budget in the
amount of 4.7 million ALL.
National Referral Mechanism is functional and regular meetings of the task force have been
organized during last six months.
The National Coordinator initiated the amendments to the bylaws establishing the State Ant
trafficking Committee and Responsible Authority of the National Referral Mechanism. The
amendments allow for more agencies to be part of these structures in order to enhance the
efforts to combating human trafficking.
The Joint Instruction of the Minister of Justice and Minister of Finance no. 5668, of
20.11.2013, reduces the court fees to a high extent, including the victims/potential victims of
trafficking.
A Task Force between the Serious Crimes Prosecutor’s Office, Serious Crimes Court and
State Police was created as a proposal of the Ant trafficking coordinator, in order to
strengthen the cooperation between these bodies and discuss concrete cases of trafficking in
persons.
Together with OSCE Presence in Albania, ONAC has implemented a project related to labour
exploitation in Albania, which focuses in capacity building of labour inspectors through
tailored trainings and promotion of corporate social responsibility.
Discussions are underway for the establishment of a joint working plan of interventions
among the State Labor Inspectorate, the Director of Tirana Police Directorate and the Tirana
Regional Directorate of Taxes.
A very important development in the year 2013 was the establishment of three Mobile Units
(Tirana, Vlora and Elbasani). In November 2013, the cooperation with the police was
enhanced with the cooperation agreements signed between the Regional Police Directorates
and the abovementioned MUs. As the result the number of identification of possible/victims
of trafficking to the police is increased. 49 cases were identified as possible victims of
trafficking and referred from mobile Units for the period 1 June 2013- 26 March 2014.
Together with the Ministry of Social Welfare and Youth, the National Anti-trafficking
Coordinator and Ministry of Internal Affairs has developed an action plan on street children
234
phenomena. The document contains concrete actions and deadlines and will be formalized
with a MOU between the involved actors in May 2014.
There are four shelters in Albania, parties to the National Referral Mechanism, and National
Ant trafficking Shelters Coalition. All of them provide services for potential victims of
trafficking or victims of trafficking, foreign or domestic, children or adults, male or female:
National Receptive Centre for the Victims of Trafficking (NRCVT) in Tirana; Different &
Equal in Tirana; Tjeter Vizion in Elbasani; Vatra in Vlora.
The mid-term budget 2013-2014 for the fight against trafficking of human beings is foreseen
in an amount of 22.535.000 ALL. The fund for non-public operators (Tjetër Vizion, Të
Ndryshëm and Të Barabartë and Vatra) is 2, 757, 200 ALL. The fund for Economic Aid for
victims of trafficking is 780,000 ALL. Comparatively with the year 2013, there is an increase
of 1 million ALL for the NRCVT and 240,000 ALL more in the fund of Economic Aid for
victims of trafficking.
The cooperation and coordination with the civil society aiming at creating a Consultative
Group of anti-trafficking civil society organizations is another important step towards
strengthening the cooperation in the national level.
Prevention and awareness rising
In the frame of the European Day against Trafficking in Persons – 19 October 2013 the conference “Stop Trafficking! Together we can do more!” was organized with the
participation of the highest officials in the country
ONAC in close cooperation with civil society has organized awareness raising
campaigns in the framework of “Respect for victims’ rights in Albania- End the
stigma”
On 2 December 2013, a meeting with the students and lecturers of the Social Sciences
Faculty on respecting the rights of the victims of trafficking with the slogan “Let’s
end stigma!” was organized in the presence of Minister of Internal Affairs. A similar
informative meeting was held with students of Faculty of Law in April 2013.
On 19 October 2013 the Ministry of Internal Affairs, Vodafone Albania Foundation
and World Vision signed a Memorandum of Understanding on launching the project
“Addressing Trafficking in Persons through Mobile Technology Solutions”.
A helpline 116006 in support of victims of trafficking is established and will be
promoted through a national communication strategy. The helpline will be accessed
through all mobile operators and through sms.
Chart 3.1 – Data Regarding Human Trafficking Cases (1 September 2013 -31
march 2014)
235
Assistance on the illegal border passing
Prostitution
Exploitation of prostitution in aggravating
circumstances
Exploitation of prostitution
Trafficking of motor vehicles
Trafficking of arms and ammunition
Trafficking of women
Trafficking of persons
Trafficking of minors
Trafficking of the works of art and culture
Trafficking of flues and radioactive elements
and explosives
Total
Detained
Wanted
Persons
Arrested
Perpetra
tors
Cases
Criminal offences
18
1
32
11
14
7
4
-
1
1
7
28
165
18
10
22
5
11
4
44
171
47
7
28
5
13
1
12
2
29
3
8
1
2
1
1
7
2
1
2
2
-
2
287
1
363
76
19
6
During the reporting period the ASP conducted a total of 24 operations against human
trafficking gangs (organizations, groups), and 4 operations were done in cooperation with the
Italian police, EUROPOL, INTERPOL and SELEC Centre, and resulted the identification of
32 offenders. In support of ASP’s growing capability in tackling human trafficking, a total of
14 training courses took place.
Fight against Money Laundering
The Albanian Parliament, acting on recommendations of the Moneyval Committee of the
Council of Europe, has sought further harmonization of the Albanian legislation in the field
of prevention of money laundering and terrorism financing, and adopted Law no. 157/2013
in October 2013 “On the measures against terrorism financing”. This law allows the
effective implementation of the United Nations Security Council Resolution 1373, and
provides the improvement of the listing mechanism for individuals designated as terrorist
financiers as well as definition of the procedures for the authorization of the use of frozen
funds.
The GDPML, Financial Intelligence Unit (FIU) has continued its cooperation and
coordination with the competent authorities both nationally and internationally, in its effort to
prevent and detect money laundering and terrorism financing. During 1 September 2013 – 31
March 2014 there are almost 370 SARs from the banks, financial service businesses, money
exchange businesses, and accountants ect. Additionally, the law enforcement authorities have
reported on 136 cases in which there were doubts about the laundering of the proceeds of
crime. A total of 16 freezing orders were made in relation to funds that equated to over 150
million ALL.
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During the reporting period the ASP recorded 56 criminal offences and investigated 73
perpetrators. Of those cases referred to prosecutors, 33 cases were based on information
coming from the General Directorate for Prevention of Money Laundering, and 23 cases with
indications from State Police. These included 34 cases of laundering crime proceeds or
criminal activity, 20 cases related to the international traffic of narcotics substances, 1 case of
exploitation of prostitution and participation in a criminal organization, and 1 case of tax
evasion. ASP operations resulted in the seizure of 820,000 Euros in relation to the criminal
offence of "Cleaning the proceeds of crime or criminal activity", Article 287 of the Criminal
Code.
During this period ASP increased its commitment in the fight against organized crime and
corruption through the investigation of criminal assets. It has extended the field where antimafia law operates, including in the object of its activity some articles of corruption.
Amendments have been made to the relevant legislation. Seizures made under the anti-mafia
legislation during this period have resulted in 3 decisions of First Instance Court for Serious
Crimes in relation to 7 bank accounts and 7 immovable properties. These decisions relate to
the seizure of 723,203 Euros/ 179,497 USD/ 8.271.000 ALL and 7 immovable properties in
Durrës.
ASP conducted a structural review in accordance with the amendments made to the antimafia law in March 2014, as well as a review of administrative acts that might improve
performance regarding property investigations, seizures and confiscations. In addition, ASP
is developing joint training activities with other institutions that carry out obligations under
the anti-mafia Law No. 10192, and is increasing cooperation between Judicial Districts
Prosecutors’ Offices and the police structures that investigate the law enforcement related
criminal offences. A total of 14 million ALL from confiscated assets has been provided by
the Ministry of Finance to fund the purchase of equipment that will help in the fight against
organized crime through confiscation and seizure of criminal assets.
In order to enhance the performance of the Agency of Administration of Seized and
Confiscated Assets, amendments to the Decision of the Council of Ministers No. 687, “On
the organization, powers and functioning of the Agency of Administration of Seized and
Confiscated Assets and the administration of seized and confiscated assets” are proposed and
will be adopted by the Council of Ministers in the coming days.
Also some changes in the staff took place, with regard to the administrators who were cut
from 10 units in last January to the present 4 and in regards to the Help/Administrators who
were cut from 4 units of last January to the present 2. These changes were made in order to
bring the running costs of the Agency to a compatible level with the allocated budget. The
lack of analytical program for data management was identified as a priority to be addressed in
the nearest future in order to manage the increase of administrated assets.
The agency also administrates assets seized pursuant to Law no. 9258, dated 15 July 2004
"On measures against terrorist financing".
The Agency is also engaged to ensure proper management of assets declared to be returned to
the legal owners. In this regard, during the first quarter of 2014 the Agency returned two of
237
immovable properties that should have been returned to their legal owners (namely two
offices situated in the “Kullat Binjake (Twin Towers)”, which were used as offices for the
Agency since 2008).
Five (5) real estates and 22 bank accounts remain to be physically returned. Only one real
estate of these five has generated revenues from the administration and the net income will be
returned to the legal owner of the property after its physical return. The real estates, as well as
monetary assets in bank accounts along with the income generated from the administration,
will be returned after the issuing of the relevant order by the Minister of Finance.
Assets under administration pursuant to law 10192/2009 “Preventing and combating
organized crime and trafficking through preventive measures against property".
Pursuant to law 10192/2009, the number of assets in administration is indicated in the
following tables:
Law
9258/2004
Type
Seized
27
Nr
Value
(ALL 64,061,270.7
)
5
Seized
24
Confiscate
d
45
Other
orders
of
Minister of Finance
Confiscate
Seized
d
2
0
144,332,248.4
5
435,716,51
1
3,496,50
0
10192/2009
Confiscate
d
0
0
0
Law
Nr
9258/2004
27
10192/2009
69
Value (ALL)
64,061,270.75
644,110,030.25
580,048,759.50
Total
Only 4 real estates are rented: 2 seized pursuant to Laws 9258/2004 and 10192/2009 and 2
seized by special order of the Minister of Finance.
The monetary assets are not invested in time deposits. Regarding the monetary assets seized
pursuant to law 9258/2004 the orders of the Minister of Finance for their return to the legal
owners are expected to be issued very soon.
The Minister of Finance approved the Order no. 30 of 17.06. 2013 "On financing of projects
and the use of a special fund for crime prevention and legal education". The value is
42,000,000 ALL. The distribution of this fund became possible only in September 2013.
The current financial situation of AASCA will allow the Agency to cover all the expected
expenses for the ordinary administration of the assets. A fund that will be generated from the
confiscated assets is expected to be allocated to AASCA from the Minister of Finance
according to the provisions of Article 8 of the DCM 687/2011.
238
Increase and Strengthening of Forensic Police Capacities
Crime scene investigation capacity at field level has been improved i.e. through the purchase
and the allocation of 75 universal suitcases and 36 Canon digital cameras to the criminalistics
specialists. Forensics Laboratories capacities is also expected to better support crime
investigation as result of newly purchased equipment (Ninhydrin) to detect finger prints.
Also live scanners are planned to be purchased in order to strengthen the Forensics Police
Labs, thus contributing to improve the operational capacity at regional level in the fight
against crime and organized crime. Technical specifications for these equipments were
identified. The tender procedure will be initiated soon.
24.6 Fight against terrorism
The drafting of the Decision of the Council of Ministers "On the functioning of the Interinstitutional Committee for the coordination of actions in the fight against terrorism” is under
process and will be finalized at the end of the year.
A specialized unit for tracking individuals or groups with radical or extremist trend will be
established. As well, ways to improve cooperation between law enforcement agencies with
regional and international organizations to take part in the fight against terrorism are in
process.
Structures dealing with fight against terrorist acts in the State Police, conducted two
important operations, namely:
On 25 January 2014, 4 arrested citizens and one declared wanted for terrorist acts, under
Article 230 of the Criminal Code.
On 11 March 2014, in the framework of defeat of a structured criminal group for terrorist
acts and execution of orders of Court for Serious Crimes for 13 nationals suspected ,
Articles 231 and 232/a Criminal Code, 9 arrested citizens and 4 other citizen appear out
of Albanian territory were declared wanted.
24.7 Cooperation in the fight against drugs
During this period, all indicators for the fight against drugs have increased compared to the
same period of last year. For more details you can see the following tables.
Table on criminal offences and perpetrators proceeded, as well as the amounts of drugs
seized for the period 1 September 2013 – 31 March 2014.
Type
Heroine
No. of Detec
cases
ted
Amount
60
29 kg 768.9
76
gr
60
Perpetra
tors
239
Arrested/Det While
ained
free
Want
ed
68
2
6
Methadon
e
Cocaine
Marijuana
Hashish
Cannabis
Seeds
Mixture
Total
2
2
137.3 gr
39
38
700
652
3
3
3
3
487.5 gr
2
809
2
760
84.1 gr
2
1
1
0
37
4
0
463
339
34
5
0
0
4
4
0
0
2
966
2
580
0
350
0
36
15 kg 875.9
41
gr
19501
kg
836
492.7 gr
10 kg 837.4
5
gr
Table on criminal offences and perpetrators proceeded, as well as the amounts of drugs
seized for the period 1 September 2012 – 31 March 2013.
Type
Heroine
Methadon
e
Cocaine
Marijuana
Hashish
Cannabis
Seeds
Mixture
Heroine
Total
No. of Detec
cases
ted
Amount
Perpetra
tors
Arrested/Det While
ained
free
Want
ed
53
53
49 kg 186.5
73
gr
67
6
0
1
1
1.2 gr
0
1
0
20
19
559
528
1
1
2 kg 112.3
19
gr
15027
kg
696
264.7 gr
431.6 gr
2
17
2
0
436
228
32
2
0
0
1
1
4.9 gr
1
0
0
1
1
2
2
638
606
288.9 gr
1
170
kg
2
187.5 gr
795
1
0
0
2
0
0
526
237
32
1
1
During the reporting period, compared to the same period of the last year, has been increased
with 26.8% the number of cases for the caught of narcotics; it has been increased with 21.5%
the number of perpetrators of criminal offences in drugs field that have been criminally
proceeded and has been increased with 10.3% the number of perpetrators arrested.
Regarding the amounts of narcotics seized, it has been noticed an increase of the amount of:
Cocaine (+651.6 %), Marijuana (+29.8 %) and a decrease in the amount of Heroine (-35.5
%).
During the period 1 September 2013 – 31 March 2014:
240
35 operations with the use of Special Investigation Techniques were conducted; (28
were conducted at the same period of the year 2012-2013);
There have been defeated 33 criminal groups of trafficking and distribution of
narcotics with 134 persons proceeded. (29 groups with 132 persons have been
defeated at the same period of the year 2012-2013);
There have been conducted 45 operations where have been used different methods of
international cooperation. In our country have been arrested 56 persons for
international drug trafficking (37 with Italy, 3 with Greece, 2 with Germany, 1 with
USA, 1 with Kosovo and 1 with Belgium). It is worth to mention the joint operations
with Italy « Ellenika-AL », « Ellenika 2 », where have been arrested 6 persons and
« Trust-AL » where have been arrested 3 persons for international drug trafficking
and have been seized considerable amounts of narcotics in Albania and Italy. (25
international operations with 36 persons arrested have been conducted in the same
period of the year 2012-2013).
Work in future will be focused in the increase of proactive investigations with the use of
special investigation techniques based on the risk analysis as well as in the increase of interinstitutional and international cooperation.
In order to prevent and defeat the criminal activity of cultivation of narcotics for the period
from 1 September 2013 to 9 April 2014, from State Police structures there have been
identified 97 cases of the cultivation of narcotics, detected 32 cases, or 33%, destructed
26305 narcotics, arrested/detained 15 perpetrators, prosecuted while free 5 perpetrators and
declared wanted 8 perpetrators.
The main indicators of the work of the structures of State Police for the identification and
defeat of criminal activity of cultivation of narcotics, in the Regional Police Directorates for
the period 1 September 2013 – 9 April 2014, are presented as follows:
N/
R
1
2
3
4
5
6
7
8
9
10
11
District
Berati
Dibra
Durrësi
Fieri
Gjirokast
ra
Korça
Kukësi
Lezha
Shkodra
Tirana
Vlora
TOTAL
No. of Detect
Cases
ed
4
4
2
2
22
4
3
2
No.
of Perpetrat
Plants
ors
268
8
123
2
1220
4
122
2
2
2
2
4
38
7
10
97
765
20
500
1930
18695
1292
220
26305
2
13
5
32
2
5
5
28
241
Arrested
Detained
4
2
1
1
-
While
free
1
Want
ed
3
1
-
3
-
2
2
3
15
2
1
5
1
1
8
During the period from 1 January to 9 April 2014, in the framework of the measures for the
prevention and defeat of cultivation of narcotics, there have been implemented the following
tasks:
The Minister of the Interior approved the National Action Plan no.18 dated 10 March
2014 "On prevention and suppression of cultivation of narcotics”.
The Director General of State Police approved the Action Plan no. 301, dated 3 June
2014, "On the prevention and suppression of cultivation of narcotics” during 2014.
A schedule for the organization of awareness raising meetings was approved in the
Action Plan No. 301, dated 3 June 2014.
Telegram No. 1095, dated 17 February 2014 "On the evidence of cultivators of
cannabis sativa seedling” was sent to the local police structures.
Steering groups dealing with combating of cultivation of narcotics have been set up at
central and local level.
Measures Plan of the Regional Police Directorates and police stations "for the
prevention and suppression of cultivation of narcotics” were approved.
12 regional meetings were held in all districts.
A total of 95 activities were conducted and various awareness meetings of structures
of the regional police departments, police stations, in cooperation with the heads of
local government and education departments in the regions, in order to prevent the
cultivation of narcotic plants.
24.8 Customs cooperation
The Customs Service has continued the cooperation with the State Police based on the
existing legal documents and administrative joint acts, especially in activities related to
Integrated Border Management (IBM). The inter-agency working group finalized in
December 2013 the drafting of IBM documents for 2014 – 2020 and the new IBM Strategy
and Action Plan 2014–2020 was approved by the DCM No. 119, dated 5. 03. 2014.
Sharing BCP images through Customs video monitoring system with Police IT systems is
improving. Projects to improve BCP infrastructure are in implementation (Hani - Hoti and
Morina). Exchange information and co-operation with SELEC and other Custom
administration has continued on regular basis.
The co-financed IAEA–Custom project for establishing a national scheme of detection and
response to radioactive detection alarms in BCP is improved. Also a 24/7 central monitoring
system located at Customs Monitoring Center is established. The IANP will also receive
these data. An inter-agency Customs - Border Police – IANP – RPO - MFA working group is
established to support project implementation.
A new draft of Custom Code is prepared by Custom Service and is fully aligned with the
European Parliament and Council Regulation 952/2013/EU, dated 9 October 2013, “Union
Custom Code”. The approval of the new Customs Code by the competent authorities will
242
provide an updated legal instrument that will support the Customs Service performance and
the Custom - Police co-operation.
24.9 Judicial cooperation and criminal matters
The Department of Jurisdictional Foreign Relations has treated the following requests:
Period
Recognition of Criminal Judgments
respectively to and from abroad
Extraditions respectively to and from
abroad
Rogatory letters to and from abroad, in
criminal and civil matters
Transfers of proceedings
Probation Service
18 (to)
79 (to)
September 2013 – April 2014
+
21 (from)
+
95 (from)
(to) 680 (criminal) and 92 (civil )-(from) - 538
requests (criminal) + 109 requests (civil)
12(to)
+
1(from)
27(to)
During the reporting period the following treaties are under negotiation process:
“On ratification of the agreement between Council of Ministers of Republic of
Albania and the Government of Serbia on Extradition”;
“On ratification of the agreement between Council of Ministers of Republic of
Albania and the Government of Serbia on mutual legal assistance on criminal and
civil matters”;
“On the ratification of the agreement between Council of Ministers of Republic of
Albania and the Government of Serbia “On mutual recognition of criminal
judgments”;
“On some amendments of the bilateral treaty between government of Albania and
Macedonia on extradition” ratified by law 8299, dated 4 March 1998.
Conclusions
During the reporting period progress was noted in the further approximation of Albanian law
with EU legislation, in fields such external orders, asylum, migration and fight against money
laundering. As regards fight against organized crime, an increase of proactive investigations
with the use of special investigation techniques as well as an increase of inter-institutional
and international cooperation is noted.
243
CHAPTER 25: SCIENCE AND RESEARCH
Key achievements
In the area of science and research, Albania has achieved a significant success rate in the FP7
programme. The Albanian government has intensified efforts to raise awareness and
implement the Horizon 2020 programme. The Agency for Research Technology and
Innovation decided officially to sign the European Charter and Code for Researchers.
In the framework of the FP7 programme, 245 project applications were submitted and only
34 applications were accepted, marking a success rate of 13.8%.
The Agency for Research Technology and Innovation (ARTI) has promoted the Horizon
2020 programme through public awareness raising activities during the “Information Days”
in December 2013. In the framework of the “Information Days”, trainings were organized at
the Faculty of Natural Sciences, University of Tirana, at Polis University, at the Institute of
Geosciences, Energy and Environment, at Beder University, at the Albanian Geologic
Services, at the Ismail Qemali University in Vlora, and at the National Centre of Biomedical
Engineering. In Horizon 2020 framework, the Ministry of Education and Sport (MES)
initiated all necessary legal procedures for approval and prepared the related agreement.
MES is the responsible institution for the implementation of the Horizon 2020 programme.
The following institutions are responsible for the legal framework implementation:
MES is entitled to map the research development strategy and policies, and to outline
the priority fields to harmonize with EU guidelines;
ARTI is entitled to help, monitor and evaluate the programmes and projects in the
areas of science, technology and innovation; and
The Academy of Sciences supports the work and initiatives in the areas of research
and development with direct impact on a national level. It maps policies and
strategies and defines priorities concerning research and development.
ARTI has forwarded a proposal to increase investments for the 2015 – 2017 period in
innovation and research related areas to the line ministries. At present, ARTI is also working
on the draft National Strategy for Research 2016 – 2020. In 2013, ARTI in cooperation with
UNESCO and INSTAT conducted a statistical research concerning research and development
in Albania. At present, ARTI is working to officially publish the findings from this project.
In order to align its actions in accordance to EU research and innovation efforts, ARTI
representatives attended the European Research Area and Innovation Committee on 6
February 2014.
ARTI and the GD of Research and Innovation signed an agreement based on FP7 Grant No.
619167 AL- ESNet, in September 2013, as winner of the Euraxess project. The Euraxess
project has a budget of 200,000 Euros and aims at build a project network in Albania in a 3
years period. ARTI is the project coordinator. The Euraxess project started in 2013 with the
establishment of the Steering Board of the Euraxess Network in Albania. The Steering Board
244
is composed of representatives from 13 public institutions. At present, project efforts are
focused on the creation of a web platform for Euraxess Albania.
In January 2014, ARTI officially decided to sign the European Charter and Code for
Researchers.
ARTI is collaborating with Albanian NGOs to organize a launching event for the “Catalogue
of Albanian Innovations for Humankind” project. The latter is a project funded by UNDP.
The project aims to render the abovementioned catalogue accessible both to Albanian and
international stakeholders.
ARTI continues to finance projects in the framework of the “National Projects of Research
and Development 2010 – 2014”. Among the results achieved by concluded projects of this
framework the following can be mentioned:
production of new certified seeding;
production of higher quality potable water via new technologies;
production of a variety of mushrooms;
protection of the environment and the public health; and
introduction of informatics for the work programs and laboratory experiments in
higher education.
The “Co-ordination of Research Policies with the Western Balkan Countries” project, where
MES and ARTI were partners, was successfully concluded. This project was completed with
assistance from the World Bank.48
Conclusions
Albania continued efforts to integrate into the European Research Area. To this purpose,
Albania has rigorously fulfilled national and international in the areas of research and
development. Albania continues to support the implementation of the “National Projects of
Research and Development 2010 – 2014”.
48
wbc-inco.net project results focusing on our publicly available documents and reports as well as on events
organised or co-organised by wbc-inco.net are available at http://wbc-inco.net/object/projectresults
245
CHAPTER 26: EDUCATION AND CULTURE
Key achievements
In the process of implementation of the Law for pre-university education in the
Republic of Albania, several initiatives were undertaken. For the first time, the “Chart
of Principles of the Financing Scheme for Higher Education” aiming at re-evaluating
the standards of the higher education public and private institutions was promoted in
the educational institutions. Moreover, in the field of Culture, several initiatives to
improve the legal framework have been adopted. A national platform for the
promotion and implementation of education was established.
26.1 Education and professional training
In the area of pre-university education, the following acts were approved:
The Order of the Minister of Education and Sport No. 56 of 12.11.2013 “"On
the procedure of appointment and dismissal of teachers in public secondary
education institution ". In the context of decentralization, these procedures
contribute to include all stakeholders (the teacher’s board, parents committee,
school’s senate, local government and students’ community) in decisionmaking as regards education and promotion of values such as transparency,
equality and meritocracy. The directors of Regional Education
Directorates/Education Offices are selected through open competitions.
Up until April 2014, the Institute for Education Development finalized the
draft of the curricula framework, already discussed with all stakeholders in the
education system at all levels.
The Regulation No. 895 of 7.2.2013 “For the process of state maturity exams
2014 in the Republic of Albania”, establishing a new standard of transparency
towards the public. In this context the regulation for the first time defines the
minimum level of credits (20%) for passing the SM tests.
The Guideline No.8/1, of 02.04.2014 which amends the guideline No. 8, of
24.03.2014 “For selection, distribution and selling of school texts for the
academic year 2014-2015”. This act was amended in the framework of the
Altertext reform and the debate organized regarding the quality of school texts.
A new law on learning texts in the Republic of Albania will follow in July
2014.
In the field of pre-university education, a number of activities have taken place:
The project for establishing a management system for the school digitalization
“National Integrated System framework in Albania (2014-2017), has been
launched in February 2014;
The project for digitalization of the curricula for scientific subjects (Maths,
Physics, Chemistry and Biology) and foreign languages that is supposed to
246
start in September 2014 for the 10th grade classes, has been launched in
December 2013.
In April 2014, the Ministry of Education and Sports undertook a national
survey of teachers in order to assess the performance of every RED/EO
director. The main aim of the survey was to increase the quality of work in
education and transparency for the public. The survey process took place in 63
school centres and was monitored by MAS representatives and by a local
pedagogical group.
"Charter of the school performance" was promoted in the educational
institutions of pre-university system. It aims at establishing a stable
communication between schools and educational service beneficiaries,
providing data on achievements during the school year and also, guaranteeing
the quality of the school offer..
During November 2013, MoES promoted the initiative "School as Community
Centre - A friendly school for all" aiming to improve the role and quality of the
school. This will be done not only in terms of teaching and learning, but
through the school initiatives in order to improve the quality of life of the
community around the school
Approximately, 855 graduates of different profiles are conducting professional
practices at 9-year compulsory schools.
The Exams continued to be carried out according to the international standards.
In December 2013, 237 candidates attended the exam, and 47 % earned the
right to practice their profession. Please see the table below.
During November-December 2013 state exams for regulated professions in
general profiles (Labtechnician/ Midwives/ Logopedy/ Imagery/ General
medicine/ Nursery/ Dentistry/ Physiotherapy/ Pharmacy and general medicine)
also took place.
During the period November-December 2013
No
Profession
No. of Candidates
1
Lab technician
62
2
Midwives
161
3
Logo Pedy
3
4
Imagery
27
5
Nursery
1125
6
Dentistry
164
7
Physiotherapy
41
8
Pharmacy
337
9
Teacher
237
10
General medicine
113
Passed
39
100
3
11
533
108
27
210
112
97
Failed
23
61
16
592
56
14
127
125
16
In March 2014, an additional session for professions in general medicine took
place, with110 candidates participating.
247
Regarding Teachers’ qualifications, qualification procedures for 2014 have
started and the exam will take place on May 3, 2014. Qualification
programmes have been drafted taking into account the 8 key competences of
teacher’s education.
The State Inspectorate of Education (SIE), has organized over 300 thematic
inspections up to now. The structure of the State Inspectorate of Education
was approved on 21.02.2014. The Inspectorate has closely cooperated with the
Directorate of Higher Education in the Ministry of Education and Sport and
with the Public Agency of Higher Education Accreditation (PAHEA),
regarding structuring, functioning and harmonization of the legal basis to
establish the thematic inspection groups on “Verifying licensing criteria” for
private higher institution that operate within the territory of the Republic of
Albania.
National Agency of Education, Professional Training and Qualifications
(NAEPTQ) has drafted the “National Strategy for Employment and Skills
2014-2020” and its action plan. In March 2014, within the framework of the
Action Plan of this Strategy and with the support of the ILO-EU IPA 2010
Project for Human Resources’ Development, the process of piloting the
Recognition and Certification of Vocational Competencies (RCVC), in the
sector of textiles has started. This piloting process will take place in
cooperation with the Ministry of Social Welfare and Youth, NAEPTQ, NES
and the private sector. The targeted groups are returned emigrants, actual
employees, jobseekers etc. Certification will be conducted in compliance with
the Albanian Framework of Professional Qualifications. Regarding the
enforcement of the National Framework of Professional Qualification, the
descriptions for 8 professions are drafted.
Higher Education
The Ministry of Education and Sport started the discussion on the “Chart of Priorities
of the Financing Scheme for Higher Education” with the public university rectors in
November 2013.This has been done in the framework of the reform for financing of
public higher education and aimed at enabling a performance-based financing scheme,
which will be based on the results of the education system. This will also contribute
towards securing the financial and administrative autonomy and will raise up a new
accountability mechanism towards the state and other public actors. MAS has started
the process of re-evaluating the standards of higher education public and private
institutes. It will be finalized with the accreditation and ranking of all HEI-s (public
and non-public ones) by a fair, independent and transparent bodies, authorized by
ENQA (European Organization for Quality Insurance in Higher Education).
The Independent Commission for Higher Education Reform was established on
January 21st 2014 as an independent body. It is composed of technicians and
distinguished people from the academic world and is led by an international expert.
The main aim of this commission is to gather suggestions and recommendations
248
regarding higher education reform, by consultations with different stakeholders and a
wide debate at all levels of higher education institutes. The commission will enable the
publication of final draft act concerning higher education reform.
Moreover, a working group for supporting the reform in higher education and the
activity of the higher education commission and the technical secretariat was
established by the Order of the Minister of Education and Sports, No. 71 of
05.03.2014. The main aim of this working group is to assist the work of the
Commission
New study programs were created for the academic 2013/2014. For the 1st full time
cycle 22 programmes, for the 2nd cycle Master of Sciences 25 programmes, for full
time Professional Master 22 programmes, for the 2nd cycle Master of Sciences 25
programmes, for full time Professional Master 12 programmes and for part time
Professional Master 8 study programmes. The quotas and the admission procedures
for the 3rd cycle PhD studies and long term specializations are being discussed with
higher education institutes.
In accordance with the Order of Prime Minister No 97, of 21.02.2014 “For the
approval of the structure and organigram of the State Inspectorate of Education”, a
sector to the inspection of higher education institutions was established. Its main aim
is to conduct monitoring and to ensure quality in the higher education sector within the
framework of increasing quality. This sector will continue its monitoring platform
defined by Order of Minister of Education and Sport No. 499, date 04.12.2013, “For
establishment of the working group for drafting the regulation of inspection and
supervision of higher education institutions in the country”. Joint groups of inspections
from the Ministry of Education and Sport, Public Agency of Accreditation of Higher
Education started several controls and inspection actions. Within this framework, the
Ministry of Education and Sports issued Order No. 106, date 28.03.2014 “For
conducting control of enforcement of lawfulness by public and non public higher
education institutions”
MAS has expressed interest in participating to the Erasmus + community framework.
Therefore, MAS received is expected to be sign an agreement with the European
Commission in June 2014. Starting from January 2014, the Executive Agency of the
European Commission (EACEA) decided that the National Tempus Offices will be
transformed into Erasmus + national offices. They will carry their work, have the
same functions as previously, focusing mainly on the other programmes of Higher
Education where Albania is allowed to apply.
Regarding the legislative developments in the Pre-university education field, a number
of bylaws were adopted AS SHOWN in the Annex III.26.1.
249
26.2. Culture
In the field of the cultural heritage a new law on “Cultural heritage” is being drafted.
It will be sent for comments to line institutions. The draft law is expected to be
approved by June 2014. It fully approximates the Albanian legislation with Directive
93/7/EEC of 15 March 1993 on “The Return of the Cultural Objects illegally
trafficked from the territory of a Member State” as well as the EEC Regulation No
3911/92 on “The Ways of Exporting the Cultural Properties”. The draft law is focused
on improving and streamlining the protection of cultural heritage sites, including
landscape. In addition, the draft law will bring to an end the existing conflicts between
local and central government as well as practices that have hampered the protection of
the cultural heritage sites.
The draft law on “Cultural heritage” provides also for the reorganization of the
regional directorates of cultural heritage and national network of museums. In
addition, it will establish a more precise definition of the powers and functions of the
institutions part of the network. Furthermore, it will review of the hierarchy of central
institutions and national councils that exist in the field of culture heritage and
streamline all decision-making procedures. Finally, it foresees the establishment of a
special Working Group to review all the recommendations of the World Heritage
Committee and to prepare an action plan in accordance with the deadlines given by
UNESCO.
In the field of art, the Law No. 25 of 03.04.2014 "On Amendments to the Law No.
10352, of 18.11.2010 "For art and culture” was approved. This law will create a space
for the self-management and is expected to increase the quality and performance of art
and culture institutions.
Agreements and accession to international conventions:
On 22nd January 2014, the Agreement of Accession to the international cultural
organization "Traduki" was signed. This agreement will promote the dialogue
between Eastern Europe and German-speaking countries in the area of
literature and beyond.
On 13 February 2014, the Protocol of Cooperation between the Ministry of
Culture of the Republic of Albania and the Ministry of Culture, Youth and
Sport of the Republic of Kosovo was signed, in order to design the joint annual
cultural calendar and joint coordination of cultural activities.
On 8 March 2014, the Memorandum of Understanding between the Ministry of
Culture and the British Council in Albania was signed, which institutionalizes
the cooperation in the field of cultural policies by providing support for a better
culture and institutional management in Albania.
On 17 March 2014, a cooperation agreement between the Ministry of Culture
and the Turkish Agency for Cooperation and Coordination (TIKA) was signed,
to enhance cooperation in the field of cultural heritage, namely for the
maintenance of historical and cultural monuments in the historical centre of
Gjirokastra, pursuant to the recommendations of UNESCO.
250
The Ministry of Culture has renewed its membership to the Regional
Cooperation Council (RCC), Task Force on Culture and Society under the
Ljubljana process, also by becoming part of South-East Europe Strategy SEE
2020, through its commitment to achieve the targets set out in field of art and
cultural heritage.
The Ministry of Culture has intensified the cooperation with UNESCO for
capacity building and development of programs and action plans focused on
education through culture.
The Ministry of Culture has undertaken joint initiatives with the AlbanianAmerican Development Fund for the establishment of an integrated
management of the World Heritage Site of Butrinti.
The Ministry of Culture is finalizing the agreement with the European Commission for
Albania's participation in "Creative Europe" program. The agreement has already been
drafted and once being approved the by Council of Ministers, will be signed by the parties.
The Ministry of Culture has already created the structure for the implementation of the
Creative Europe Desk, which will coordinate and organize national activities to promote and
implement the program.
Conclusion
Regarding the reforms in pre-university education, Ministry of Education and Sport is
focusing on improving and ensuring the quality of education. Important developments have
continued regarding the implementation of reforms and assessment of their impact. In the
field of art, the Law "On art and culture” was approved, bringing more transparency and
competition, as well as setting out clear procedures for the assessment and selection of the
projects.
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CHAPTER 27: ENVIRONMENT AND CLIMATE CHANGE
Key achievements
In order to further improve the progress achieved in several fields of environment, as well as
to address the remarks of the EC Progress Report 2013, during September 2013 - May 2014,
the Ministry of Environment (MoE), has taken concrete actions which have had an impact on
the approximation and implementation of the environmental legislation in Albania.
Progress has been achieved in the approximation of the national legislation with the EU
environmental acquis. All this legislation aims at the approximation of the Albanian law with
respective EU Directives in the field of environment.
27.1 Horizontal Legislation
As regards the horizontal legislation, Law No. 10440 of 7.07.2011 “On environmental impact
assessment” and Law No. 10448 of 14.07.2011 “On environmental permits” entered into
force in February 2013. However, certain difficulties were encountered during their
implementation. Therefore, since September 2013, the MoE is taking appropriate measures to
clarify and facilitate the implementation of these two laws:
Amendments to Law No. 10448 of 14.07.2011 “On environmental permits” aiming to
revise Appendix I to this Law, clarifying and detailing activities / installations that
should be equipped with the Environmental Permits Type A, B and C. Draft Law is
sent for endorsement to the Council of Ministers. Adoption of this Law by the
Parliament is foreseen by the end of May 2014;
Draft DCM “On the determination of specific requirements, conditions and rules for
the review and transfer of environmental permits”, which would partially approximate
the European Parliament and Council Directive 2010/75/EU of 24 November 2010 on
industrial emissions (integrated pollution prevention and control). This draft
determines the rules, timeframes and the responsible institutions in the environmental
permits procedure. During drafting, the MoE worked closely with the National
Licensing Centre (NLC) as the applications for environmental permits are submitted
to the Centre, and organized public consultations. The draft DCM is prepared and
submitted to line ministries for comments. The draft Decision is scheduled to be
approved by the Council of Ministers by the end of June 2014.
Amendments to Law No. 10440 of 07.07.2011 “On environmental impact
assessment", to overcome the procedural problems regarding EIA procedures, arising
from the existing Law. It aims to fully approximate the European Parliament and
Council Directive 2011/92/EU 13 December 2011 on the assessment of the effects of
certain public and private projects on the environment. The draft Law is submitted to
line ministries for comments and is foreseen to be adopted in June 2014.
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The Draft Guidance "On the approval of National Methodology of EIA process", will
be adopted by the end of 2014. This National Methodology is an obligation that
derives from the Directive 2011/92/EU.
In order to integrate environmental issues in all local, regional and national plans and
programs, MoE has initiated and is organizing local workshops, with participation of
representatives from municipalities and communes, as well Regional Environment Agencies
(REAs). In March and April 2014 four workshops were organized in Tirana, Durrës, Fier and
Elbasan. MoE has planned similar workshops to take place in all 12 regions in the period
March – June 2014.
In the area of public consultation and participation in decision-making process, a few
Government decisions improved the overall public awareness, such as the one in September
2013 to ban all waste import and another forbidding Syrian chemical weapons to be
dismantled in Albania.
To properly ensure public access to information and participation in decision making, a
number of measures are undertaken in this direction:
The Draft DCM "On approval of rules, requirements and procedures for informing
and involving the public in environmental decision-making", is prepared. The goal is
to partially approximate with the European Parliament and Council Directive
2011/92/EU of 13 December 2011 on the assessment of the effects of certain public
and private projects on the environment. The goal is to fully align the Albanian
legislation with the abovementioned Directive and the requirements of the Aarhus
Convention “On Access to Information, Public Participation in Decision-Making and
Access to Justice in Environmental Matters” as well. The draft Decision is submitted
to line ministries for comments, while public consultations were organised in parallel.
The Draft Decision is foreseen to be adopted in May 2014;
The number of staff of the National Environmental Agency (NEA) involved in
examining the applications for the environmental permissions increased.
From March 2013 up to now, the total number of the applications presented for their
approval was 726, 33% of which were refused due to failure to meet the defined
criteria for obtaining the environmental permissions;
In February 2014, a Roundtable co-organized by MoE, OSCE office in Tirana and
Shkodra Aarhus Centre brought together local authorities, MoE & REA staff, as well
as civil society representatives to discuss respective roles in environmental
information and decision-making process;
Public consultations for environmental plans, programs and legislation are carried out
regularly. During reporting period, MoE has initiated and organized public hearings
for the following draft DCMs:
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a)
b)
c)
“On rules, procedures and criteria for licensing EIA and environmental
auditing specialists”, 12 November 2013;
“On defining regulations for export and transit of non-hazardous waste”, 20
January 2014;
“On defining specific requirements, conditions and regulations for
environmental permit examining and transfer”, 07 March 2014.
In order to improve the enforcement of law, Environmental Inspectorate has significantly
increased the number of controls on industrial sites and in performing this task it has closely
cooperated with other inspectorates and state institutions, increasing cooperation with Local
Government Units (LGUs) referring to their responsibility for the implementation of the
requests of the Law No. 10463 of 22.9.2011 “On integrated waste management”. For the
reporting period the following is documented:
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900 inspections on the treatment of hospital waste were carried out. For the violations
found, 13 sentences were issues, with a fine of 71,42849 €. Environmental permit of a
company that collects, treats and disposes the hospital waste is revoked, because of
repeated violations of legal requirements;
81 inspections on activities that generate noise were carried out. In total 29 sentences
were issued with a fine of 10,214 € for violations to the environmental legislation;
In order to prevent air pollution and to improve the air quality in the region of Kruja,
as well as pursuant to the Order of Minister of Environment No. 861 of 25.09.2013
“On the closing of illegal activities of handicraft production of the lime in Fushe Kruja and Kruja”, the Environmental Inspectorate in cooperation with the
Constructional and City Planning National Inspectorate (CCPNI) and with the support
of the State Police has destroyed 243 handicraft limekilns in this region;
In order to prevent the damage of the landscape in the region of Kruja by operators
that exploit limestone, the Environmental Inspectorate has issued 25 sentences with
fine in the amount of 2142 € for each of these operators, it suspended their activity
and revoked their environmental permits due to violations of requirements of the
environmental permit and failure to liabilities arising from environmental legislation,;
In cooperation with the CCPNI and with the support of the State Police, the
Environmental Inspectorate closed the illegal activities that exploited gravel from
river basins. Environmental Inspectorate has issued 23 sentences with fine in the
amount of 137,857 €, and closed their activity;
In total, the Environmental Inspectorate has carried out 4300 environmental
inspections. Regarding the violations for failing to compliance, violations of
conditions of the environmental permit and failure to liabilities arising from
exchange rate 1 Euro = 140 ALL
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environmental legislation, Environmental Inspectorate has given 102 sentences with
fine, with a total value of 310,928 €.
Pursuant to the Law No. 10297 of 20.05.2010 “On the administrative offences”, the
Environmental Inspectorate has continued the pursuit of legal procedures for collection of
fines through the Bailiff’s Office, after the expiration of the legal deadline for administrative
complaint, as well as after the issuance of the order for execution of the executive title, from
the competent courts.
In December 2013, after identification of two hot-spots in Tirana, the Environmental
Inspectorate, in cooperation with other responsible institutions, has undertaken repackaging,
transport and storage of 750 kg of toxic cyanide chemicals and other vestigial dangerous
chemical substances from formerly state owned enterprises (before 1990).
MoE has demanded the amendment of Title IV of the Criminal Code of the Republic of
Albania, to transpose the European Parliament and the Council Directive 2008/99/EC of 19
November 2008 on the protection of the environment through criminal law.
Based on the Socio-Economic Development Programme of the Albanian Government for
2013 – 2017 and priorities of the Programme of the MoE, concerning increase of green
spaces in urban areas and integrated waste management, the MoE has been preparing 12
regional based workshops for local stakeholders on:
Strategic Environmental Assessment process, in order to assist in the designing of
Territorial Plans, to integrate environment in these plans or programmes in order to
protect and minimise its negative impact on environment;
Urban waste management, to be familiar with the legislation and its implementation.
To this purpose, Cooperation Agreements were signed between the MoE and 12 Prefectures
of the Republic of Albania from 5 to 14.02.2014. The workshops will be held in the period
from 24.03 to 20.06.2014.
In raising public awareness, the following activities were carried out:
In October 2013, Minister of Environment initiated a meeting with non-governmental
environmental organizations to discuss cooperation and its future improvement;
Various activities were organized on the European Mobility Week in September 2013
in several cities. Around 700 citizens from various walks of life joined the Car Free
Day activities;
Ministerial Order No. 320 of 10.02.2014 was issued to announce March 21st as
National Planting Day, joining the United Nations Organizations in their initiative to
announce the date as the World Planting Day. A series of planting activities continued
after that date;
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The MoE webpage is redesigned, to ensure increased & easier accessibility;
The MoE Facebook page is introduced to bring environment closer to younger
generations;
The Monthly Environmental e-Bulletin distribution has increased from 200 to over
750;
A Weekly Environmental Bulletin was introduced;
With the MoE restructuring, 1 more expert is added to Transparency &
Communication Unit, to improve the MoE work.
In February 2014, the MoE and Ministry of Education and Sport signed a Memorandum of
Understanding on Environmental Education, outlining respective responsibilities in
integrating environmental education in all education levels' syllabus.
27.2 Air Quality
During the reporting period, the draft Law “On protection of ambient air quality” and draft
DCM “On ambient air quality assessment and requirements for certain related pollutants”,
were drafted and submitted to line ministries. The above mentioned acts should ensure full
approximation of the Albanian legislation with the European Parliament and Council
Directive 2008/50/EC of 21 May 2008 “On ambient air quality and cleaner air for Europe”,
as well as the European Parliament and Council Directive 2004/107/EC of 15 December
2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in
ambient air. Adoption of these two legal acts is foreseen on Q2 2014. In order to achieve that
goal, the Specific Plan for the Implementation of Directive 2008/50/EC was prepared.
The draft Strategy on Ambient Air Quality in Albania, is prepared and submitted to line
ministries for comments. Adoption of strategy is foreseen on Q2 2014.
In order to be in compliance with the acquis on environmental protection, the amendment of
the Law on national taxes adopted in April 2013, which reduces taxes on used cars, is
planned to be reviewed. Ministry of Finance, in cooperation with the MoE, is analyzing the
fiscal measures in force to adjust them with the environmental acquis.
With the new organization of National Environment Agency (NEA) and in full accordance
with its duties and responsibilities, special attention is given to the reinforcement of the NEA
Laboratory. The Laboratory is moved to a new location, completely renovated and in
accordance with the required standards ISO 170 25 of the quality manual. During 2013, NEA
has conducted air monitoring in two cities of Albania, respectively in Vlora and Korça, for
the key components of air quality, such as PM10, PM 2.5, SO2, NO2, O3, CO and organic
components (benzene, toluene, meta – para - xylene, etil-benzene). The number of air
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monitoring stations will increase to six stations during 2014. The collected monitoring data
will provide a comprehensive overview of the air quality throughout the country, including
Tirana.
The National Monitoring Programme, which includes monitoring of air quality indicators in
fully accordance with the standards of the European Parliament and the Council Directive
2008/50/EC on "Ambient air quality and cleaner air for Europe", is approved by the Minister
of Environment. Pursuant to the National Monitoring Programme, a Monitoring Contract for
the Monitoring of Air Quality Indicators, is signed between NEA and the Institute of Public
Health (IPH). The Contract stipulates that except the monitoring of PM 10, PM 2.5, NO2,
O3, SO in the city of Tirana, IPH will also monitor the air quality for PM 2.5 in the cities of
Fier, Berat and Kukes. The rest of air monitoring will be completed by NEA and its
monitoring capacities (as mentioned above by its six monitoring stations, respectively in
Vlora, Korça, Tirana, Elbasani, Durrës and Shkodra). This six monitoring stations will be
maintained by a private company (already contracted by NEA for 2014). The monitoring
budget for 2014 has doubled compared to 2013.
The MoE is cooperating closely with the Municipality of Tirana in order to update and
approve Tirana Air Quality Management Plan 2011 - 2016. Meantime, Tirana Municipality is
implementing the Air Quality Action Plan, prepared in 2011 with the support of World
Health Organization (WHO). Some of the actions taken to improve the air quality in the city
of Tirana are as follows:
New buses for public transport;
Several campaigns on public awareness regarding the benefits of using public
transport and other alternative means of transports instead of personal cars;
Planting of 25,000 trees;
Updating on real-time of information on air pollution levels in Tirana, provided in the
website http://www.tirana.gov.al/sq/Cilesia-e-ajrit-ne-Tirane;
27.3 Waste Management
During the reported period the following legal initiatives can be reported:
Law No. 156/2013 “On some amendments to the Law No. 10463 of 22.09.2011 “On
integrated waste management”, prohibiting the import of any type of waste in the
territory of Albania.
DCM No. 967 of 25.10.2013 “On the organization and functioning of the Integrated
Waste Management Committee”, establishes the Integrated Waste Management
Committee, which coordinates the activities of line ministries concerning integrated
waste management in the Republic of Albania.
DCM No. 52 of 05.02.2014 “On some amendments to the DCM No. 117 of
13.02.2013 “Establishing criteria determining when certain types of scrap metal cease
to be waste”.
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The following legal acts are being prepared:
Draft DCM “On the approval of rules for the transfer of non-hazardous waste and
transfer documents for non-hazardous waste”. The draft Decision is already
submitted for approval to the Council of Ministers. Adoption of DCM is foreseen in
May 2014;
Draft DCM “On hazardous waste consignment notes”. The draft Decision is
submitted to the line ministries for comments. Adoption of DCM is foreseen in late
April 2014;
Draft DCM “On separate collection of waste at source”. Adoption of this act is
foreseen in May 2014;
Draft DCM on “On biowaste”. Adoption of this act is foreseen in July 2014.
In addition, five Regional Waste Management Plans are prepared, respectively for the regions
of Tirana, Vlora, Elbasani, Durrësi and Korça. The management plan for the region of Tirana
is approved by the District Council and submitted for comments to the MoE. MoE, supported
by SELEA project, has started preparation of the remaining seven Waste Management Plans,
respectively for the regions of Berati, Dibra, Fieri, Gjirokastra, Kukësi, Lezha and Shkodra.
With the purpose of achieving progress in the field of waste recycling, the Albanian
Recycling Association was established, which invested nearly 120 million € on construction
of recycling facilities in compliance with European standards and nearly 35.000 employees
are employed. All kinds of scraps, a part of plastic waste, rubber waste, paper waste, used
oils, etc., are recycled. Albania will continue to give priority to the promotion of Public –
Private – Partnership (PPP), especially in the recycling sector.
MoE has initiated organization of workshops with representatives of LGUs, which aim to
improve their knowledge on the legislation in the field of waste management, on their duties
and responsibilities, as well as on the objectives that should be reached within the deadlines
set out in the National Waste Management Plan.
Currently, only two landfills would meet the EU standards in the near future. The
construction of the landfill in Maliq/Korça has not started yet, while the construction of the
landfill in Bajkaj/Saranda has started. MoE collaborates with domestic and foreign investors
on granting concession for the landfills’ construction. Burning of waste is almost eliminated.
Procedures on the management and control of landfills are clearly defined in DCM No. 452
of 11.07.2012 "On waste landfills".
Six autoclaves, financed by WHO, are donated to some public hospitals for the management
of healthcare waste. For the hospitals where such facilities are still missing, the management
of this kind of waste is carried out by two private licensed companies.
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In order to improve the situation on waste management, under “IPA 2013” project 2 million €
are to be invested to the regions of Fieri and Durrësi. The project will start during 2014.
Pursuant to the objectives of the National Waste Management Plan, drafting of three
feasibility studies for the closure of existing landfills in the cities of Durres, Vlora and
Saranda are scheduled for the period 2014 – 2015. The closure will be financed by the state
budget.
During reporting period, MoE has initiated four projects in line with the National Waste
Management Strategy and Plan, as follows:
Establishment of a system of return of the packaging waste and the commitment of
producers to promote the collection and recycling system.
MoE is collaborating with "Reverse Logistics GmbH" company in designing this
project.
Pilot project on waste separation at source
Separation of waste at source will be implemented in all central public institutions, in
the subordinate institutions and agencies, as well as in public schools and universities.
To promote the cooperation on PPP for integrated waste management (granting
concessions)
Feasibility studies are prepared on: 1. management of end of life vehicles, 2.
construction of a landfill for Durrësi district, 3. development of a scheme on waste
electrical and electronic equipment management. The concession procedures on the
management of end of life vehicles and on construction of a regional landfill already
started. For both of them the contracting authority is defined.
A three-year project on the reduction of the amount of waste and promotion of 3R
activities (Reduce, Reuse, Recycle) in under preparation to be financed by Japan
International Cooperation Agency (JICA). Three local government units are selected
as pilot sites to implement the project: Tirana, Lezha and Bushati. The project will
start during 2014.
27.4 Water Quality
Law No. 111/2012 of 15.11.2012 “On Integrated Water Resources Management” entered into
force on 16.12.2013. As previously reported, the Law fully transposes the European
Parliament and the Council Directive 2000/60/EC of 23 October 2000 establishing a
framework for Community action in the field of water policy.
To implement this Law, a list of measures and actions were undertaken and are ongoing by
the MoE in the field of Integrated Water Resources Management (IWRM):
1. Designing of the National Registry of Water Users. Pursuant to the Order of Minister
of Environment No. 1729 of 12.03.2014 “On the set up of the National Registry for
the Water Resources Users”, all implementing agencies in the field have drafted a
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database according to a predetermined format of all licenses and water user rights on
users of their respective basins.
2. A verification process of all users who exploit river beds for gravel extraction has
been ongoing on all 6 river basins. Specific measures are being drafted for the
termination of these activities within the year 2014.
3. Extended studies and observations on marine and coastal erosion were performed
along the coastline. Special focus was put on illegal structures and dikes built, as well
as gravel deposits. Financing is being considered to deal with erosion on a national
scale.
4. The following legal acts are approved:
Law 29/2014 “On the accession of the Republic of Albania to the amendments
of the Helsinki Convention”;
DCM No. 177 of 26.03.2014 “On the set up, composition, functioning,
responsibilities and duties of the Commission for Administration of the Transboundary Waters”. This act transposes the Directive 2000/60/EC.
5. Particular attention is given to bilateral and multilateral relations in the field of
management of transboundary waters. Important bilateral activities are undertaken
through joint committees with Montenegro and Greece. MoE has also established
cooperation on dealing with open issues with Macedonia and Kosovo.
6. MoE is negotiating the consultancy selection in drafting and designing of a National
Water Cadastre with the financial assistance of the World Bank. This will be a main
instrument of work in the Directorate for Water Resources Policy (DWRP) at MoE.
This GIS based Cadastre will have an all-inclusive inventory of water resources in
Albania, water balances, simulation models and water quality parameters, all in
accordance with EU requirements.
7. MoE is in the final stages on selection of consultancy to assist in drafting the National
Strategy for Integrated Water Resources Management, with the financial assistance of
the World Bank
A considerable work has been done in the management of the river basins on central and
regional level:
1. Through the riverbeds rehabilitation programme, a comprehensive evidentiary work is
carried out on unlawful interference, solid waste disposal and indiscriminate
deforestation. Direct measures are taken to minimize and inhibit these phenomena. By
enforcing the law and determining accountability, the parties responsible for this
degradation financed and planted more than 19,000 new trees along the riverbeds;
2. Initiatives have been taken in coordination with responsible institutions and the public
to clean the rivers of debris and pollutants;
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3. River Basin Management Plan for Mati River, is prepared as well. The draft River
Basin Management Plan will be approved by May 2014.
4. MoE is in the process of selecting consultants to draft two River Basin Management
Plans that of the Drin – Buna River and the Semani River. These two plans will
provide MoE with the opportunity for sustainable control and efficient
implementation of the strategy in the field of water resource management.
5. Also, an agreement with a French company has been reached to obtain financing
towards the draft of the River Basin Management Plan for Vjosa River.
27.5 Nature Protection
The preparation of Management Plans for the following Protected Areas is underway:
The preparation of the Management Plan for National Park Prespa is being carried out
in cooperation with German KfW. In March the final draft was prepared reflecting
comments and suggestions of the stakeholders presented during the consultation
phase. The Order of Minister is prepared for approval by the end of May 2014.
6 Management Plans are being elaborated with the assistance provided in SELEA
project. Management Plans for four protected areas (Protected Landscape “Pogradeci
Lake”, National Park “Bredhi i Hotoves-Dangelli”, National Park “Tomorri
Mountain”, Natural Park “Korab-Koritnik”) are completed. All Management Plans
will be approved by the end of 2014.
Management Plan for the Marine National Park “Karaburun-Sazan” is being prepared
in cooperation with the GEF-UNDP project on “Marine and Coastal Protected Areas”
and is planned to be completed in December 2014.
Management Plan for the National Park ‘Divjake-Karavasta’ is ongoing in
cooperation with JICA. The final draft was prepared at the end of March 2014 and
currently in the consultation process with the stakeholders. A national workshop for
its presentation took place on 5th of April 2014. The plan will be approved by the end
of 2014.
The evaluation process for project preparation on the rehabilitation of their natural
environment and the infrastructure development on the visitors informations centers in NP
Divjake-Karavasta, NP Dajti, NP Lura, MNR Kune-Vain-Tale and PL Buna-Velipoje is
completed. The investment value is nearly 440 000 Euro, which will be provided in the state
budget. The projects will be advertised for procurement procedures very soon.
The component of IPA 2013 project Natura 2000, consisting on the implementation of 5
Management Plans of Protected Areas, as well as identification of potential Natura 2000 of
SCIs (Sites of Community Interest), will be published for expression of interest very soon.
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Meanwhile, the draft law “On some amendments and addenda to Law No. 9587 of
20.07.2006 'On Biodiversity Protection” as amended has prepared and fully approximates
with the Council Directive 92/43/EEC of 21 May 1992 “On the conservation of natural
habitats and of wild fauna and flora”. Following the consultation process, the draft law was
submitted for comments to line ministries, foreseen to be adopted in Q2 2014.
Draft DCM “On the approval of lists of natural habitats, fauna, flora and birds of interest for
the European Community” is completed and fully approximates Annexes of the Council
Directive 92/43/EEC and Annex 1 of the Directive 2009/147/EC of the European Parliament
and of the Council of 30 November 2009 on the conservation of wild birds.
The draft Law “On forests and pastures” is being prepared aiming to harmonise with the EU
acquis, including Council Directive 1999/105/EC of 22 December 1999 on the marketing of
forest reproductive material, Council Regulation (EC) No 1257/1999 of 17 May 1999 on
support for rural development from the European Agricultural Guidance and Guarantee Fund
(EAGGF) and amending and repealing certain Regulations, as amended, Regulation (EC) No
2152/2003 of the European Parliament and of the Council of 17 November 2003 concerning
monitoring of forests and environmental interactions in the Community (Forest Focus), and
taking into account Council Resolution of 15 December 1998 on a forestry strategy for the
European Union, and Official Report on the implementation of the EU Forestry Strategy
(2005). A concluding workshop during Law drafting was held in Tirana on 22.11.2013, to
discuss it with stakeholders such as forest specialists, forest and pastures users associations,
Faculty of Forest Sciences, etc.
A project fiche was prepared to address gaps on the proposed network of Emerald sites
according to the evaluation by ETC/BD on behalf of European Environment Agency (EEA).
This project fiche will be presented to UNDP Albania and other potential donors. Envisaged
duration of the project is six months.
Aiming to stop illegal activities in the protected areas several measures are taken, as follows:
Law No. 7/2014 of 30.01.2014 “On the declaration of the hunting ban in the Republic
of Albania”, banning hunting in Albania for a two years period. The Law entered into
force on 16.03.2014;
The Memorandum of Understanding between Ministry of Public Order and MoE “On
protection and sustainable development of forests” is signed on 24.10.2013, setting-up
the Task Force on Forests;
Order of Minister of Environment No. 1368 of 03.12 2013 “On procedures for the
export of the processed timber productions and temporary ban of charcoal export and
limitation of fire wood export” stipulates that only business entities that are provided
with permission can carry out export of wood and certain processed products. It is
evaluated that the Order has already produced positive effects reducing illegal
exports;
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DCM No. 4 of 18.10.2013 “On emergency measures of intervention for the protection
and rehabilitation of areas of national importance for the environment”;
In cooperation with the Directorates of Forestry Service the list of illegal
constructions inside Protected Areas is updated.
The following activities were carried out by the Forest Police during the reporting period:
The Forest Police carried out 1467 inspections, while 99 fines were imposed for the
criminal offences, related to damages worth around 1.4 million €. The public
prosecutors offices presented 65 cases to the court, where the perpetrators in 53 cases
were found guilty. The remaining cases are still in court procedures;
For administrative offences to the forest fund, 544 cases were filed, and the damages
were calculated to 1.99 million €. The sum of 2600 € was acquired from perpetrators
for these damages;
For administrative offences, fines worth 234,557 € were imposed, however, only 8700
€ were collected.
As part of the institutional reform, the Directorate of Biodiversity and Protected Areas was
set up at the Ministry of Environment. The Directorate is in charge of nature protection in
Albania, and includes two sectors:
Biodiversity Sector, and
Protected Areas Sector
In the framework of the reform on the forestry service, Order of Prime Minister No. 53 of
13.02.2014 “On the approval of the structure and organigramme of the Forest Service
Directorates and Inter-Institutional Maritime Operational Centre (QNOD), Durrësi” was
issued. The Order sets up 12 Regional Forest Service Directorates, which have a specialised
Unit on Protected Areas (1 head of unit + 2 experts) in their structure. At the district level, the
set up of those units includes the Head of Sector of the District, the expert of Protected Areas
and protected areas rangers.
The following activities were carried out with the staff of Protected Areas and Directorates of
Forestry Services:
Seminars and workshops held in Divjaka on “National Parks Management with Public
Participation and Preparation of an Action Plan by all Managers of National Parks”
with the national park staff and managers of Divjaka National Park, LGUs
representatives and several other stakeholders, organised with the assistance of the
project “Conservation and Sustainable Development of the National Park DivjakaKaravasta”, supported by the JICA;
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In April and November 2013, seminars and workshops with working groups of three
trans-boundary waters were held in Tirana, concerning the monitoring of flora and
fauna, fisheries and water, organised with the assistance of the project “Conservation
and Sustainable Use of Biodiversity in Lakes Prespa, Ohrid and Shkodra”, supported
by GIZ and Ministry of Environment;
On 1 November 2013 and in March 2014, meetings were organised for the
“Promotion of natural and cultural values of the area Sazani - Karaburuni Marine
National Park” assisted by the project “Improvement of coverage for effective
management of coastal and marine area”, supported by UNDP / GEF and Ministry of
Environment;
In the framework of IPA 2010 SELEA project and the preparation of management
plans for Protected Areas, workshops were held in Pogradeci, Berati and Tropoja.
27.6 Industrial Pollution Control and Risk Management
Concerning industrial accidents, the draft Law “On the accidents control from risks related to
dangerous substances”, is prepared. The comments of line ministries are reflected in the final
draft, which is still being discussed in the MoE.
For the implementation of the abovementioned Law, two implementing acts are being
prepared:
DCM “On safety reports and emergency plans”;
DCM “On notifications”
Both acts will be submitted for comments to line ministries immediately after the draft law is
completed.
Adaption of the Amendments to Law No. 10448 of 14.07.2013 “On environmental permits”
and DCM “On the determination of specific requirements, conditions and rules for the review
and transfer of environmental permits”, will assist in achieving the objectives regarding
Industrial Pollution Control in Albania.
27.7 Noise
During the reported period the Law “On the limitation of noise emission from civil subsonic
jet aeroplanes” was prepared and partially approximates the following:
Council Directive 89/629/EEC of 4 December 1989 on the limitation of noise
emission from civil subsonic jet aeroplanes;
Council Directive 92/14/EEC of 2 March 1992 on the limitation of the operation of
aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on
International Civil Aviation, second edition (1988);
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Council Directive 98/20/EC of 30 March 1998 amending Directive 92/14/EEC on the
limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of
Annex 16 to the Convention on International Civil Aviation, second edition (1988);
Regulation (EC) No 991/2001 of 21 May 2001 amending the Annex to Council
Directive 92/14/EEC on the limitation of the operation of aeroplanes covered by Part
II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil
Aviation, second edition (1988) (Text with EEA relevance);
Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15
July 2002 on common rules in the field of civil aviation and establishing a European
Aviation Safety Agency.
Adoption of draft Law is foreseen in December 2014.
27.8 Chemicals
In the area of Chemicals the following legal acts are prepared:
Draft law “On Chemicals”, which aims to transpose the European Parliament and the
Council Regulation (EC) No 1907/2006 of 18 December 2006 concerning the
Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). The
draft will be finalised by June 2014, and the adoption is scheduled in Q4 2014;
Draft DCM “On classification, labelling and packaging of substances and mixtures”,
which aims to transpose the European Parliament and the Council Regulation (EC)
No 1272/2008 of 16 December 2008 on classification, labelling and packaging of
substances and mixtures. The draft will be finalised by June 2014, and its approval is
scheduled in Q4 2014;
Draft DCM “On Persistent Organic Pollutants”, which aims to transpose the European
Parliament and the Council Regulation (EC) No 850/2004 of 29 April 2004 on
persistent organic pollutants and amending the Council Directive 79/117/EEC.
Pursuant to the initiative of the Regional Centre for Cleaner Production (CP/RAC) and the
United Nations for Environment Program (UNEP), to support Member States of the
Stockholm Convention to revise and update their National Implementation Plans, the
Minister of Environment signed the Cooperation Agreement with UNEP for the Project
"Albania: Review and improvement of the National Action Plan for the Stockholm
Convention on Persistent Organic Pollutants" on November 27, 2013.
27.9 Climate Change
The draft chapter on climate change as part of Environment Cross-cutting Strategy 2014 –
2020 (ECS 2014 - 2020), is prepared with the assistance of UNDP Program on Climate
Change in Albania. The draft document foresees as a goal the reduction of greenhouse gas
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emissions by 8%, compared to the baseline scenario until 202050. In case of mobilization of
international funding for National Appropriate Mitigation Actions (NAMAs), GHG emission
reduction can be increased to 16% compared to baseline scenario. The draft includes the
reduction of the hydro chlorofluorocarbons (HCFCs) consumption by 35% in 2020 as
compared to 2011 or down to 78 tons in 2020 compared to 120 tons in 2010.
Two of the NAMA that are listed in the draft chapter of the Strategy and discussed in the
round table of 24 February 2014, after their prior assessment according to the international
methodology, are being developed. Adoption of ECS 2014 – 2020 is foreseen in the fourth
quarter of 2014.
A comprehensive National Climate Change Strategy will be developed under IPA 2013
assistance during the period 2014 - 2015. The national targets on reduction GHG emissions
until 2030 will be addressed in this document, foreseen to be prepared during 2015. Adoption
of Climate Change Strategy is foreseen in the fourth quarter of 2015.
Under the regional project “Climate Change Adaptation in the Western Balkans countries”,
the preparation of the National Adaptation Plan on Climate Change has started. Adoption of
Plan is foreseen by the end of 2015.
The Regional Strategy of South East Europe 2014 – 2020 lays down a roadmap for countries
in the region, to adopt policy reforms that will lead to growth and prosperity, and contribute
to eventual integration in the European Union.
Pillar 3 on Sustainable Growth targets the increase net enterprise creation (new businesses
per year) from 30,107 to 33,760, increase exports of goods & services per capita from the
region from EUR 1,780 to EUR 4,250. Secondary pillar targets 9% energy saving on final
energy consumption; Achieve national targets for the use of renewable energy.
Action Plan of Regional Strategy SEE is under development and the priority measures are
identified.
Draft DCM “On prevention and reduction of Fluorinated Greenhouse Gases”, transposing the
Council Regulation 842/2006/EC and its two amendments 1494/2007/EC and 1493/2007/EC,
is being prepared. Adoption of draft Decision is foreseen in June 2014.
In collaboration with ECRAN experts, the preparation of the Application Form “TAIEX
expert mission” was finalised, to assist at evaluating the draft regulation for fluorinated gases
and the possibility of drafting a project fiche on transposition and implementation of EU
package on F-gases. The Application Form and the relevant agenda were submitted to
ECRAN by 20 April 2014.
In the IPA 2013 project fiche on environment and climate change, which is expected to be
50
Present projection of GHG emissions for 2020 is 18,000 Gg CO2 eq. This projection will be revised
during 2014/2015 in the framework of the Third National Communication of the UNFCCC.
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implemented during September - December 2014, the establishment of the monitoring,
verification and reporting system of GHG emissions, through increasing NEA capacities is
foreseen.
In order to increase climate awareness and cooperation between all relevant stakeholders, a
workshop “On the EU climate and energy package”, was organized in Tirana, in
collaboration with TAIEX and Ministry of European Integration on 24 – 25 March 2014. The
representatives of different ministries participated.
Also, in the framework of the Low Carbon South East Europe (LOCSEE) project, the
National Working Group (NWG) was established, which will contribute to the
implementation of the activities of the Work Packages.
The Order of Prime Minister No. 155 of 25.4.2014 “On establishing and functioning of interministerial working group on climate change” is adopted.
27.10 Institutional Framework
27.10.1 National Environment Agency (NEA)
Upon the entry into force of the Law No. 10431 of 9.06.2011 “On Environmental
Protection”, the former Agency of Environment and Forestry was reorganised as the National
Environment Agency (NEA). The number of staff was increased from 42 to 62 employees.
The Agency carries out some additional functions:
implementation of procedures related with the Environmental Permissions and
Environmental Impact Assessment, as well as the implementing of the Environmental
Liability Principle;
Monitors the state of environment on the main environmental indicators (according to
the DCM No. 1138 of 18.11.2009 “On the rules and procedures on the National
Monitoring Programme”);
Set up and management of the Environmental Information System and PRTR;
Monitoring of the state of health in forests and creation of the national forests
inventory;
Preparation and publication of the Annual Report of the State of Environment by
getting used of environmental monitoring data and their assessment and also the
sharing of environmental information with public and interested bodies.
According to the DCM No. 47 of 29.01.2014 “On the rules and procedures for the
organisation and functioning of NEA and Regional Environmental Agencies”, the 12
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Regional Environmental Agencies are subordinated to NEA and will operate and coordinate
their work and functions with those of NEA from local to national level.
Aiming to enhance the capacities of NEA, in 2013-2014, the NEA Laboratory was moved
from the old to a new location, providing more appropriate standards. This process was
accompanied with serious investments in reconstruction of the building and purchase of
technical equipment for analysing and monitoring. The NEA Laboratory is completely
restructured and in accordance with the quality standard ISO 1702.
The NEA Laboratory also monitors water quality for surface waters, rivers and bathing
coastal waters. According to the National Monitoring Programme, the water monitoring
programme includes the following indicators: pH, temperature, salinity, TDS, conductivity,
suspended solids, alkalinity, chemical oxygen demand, biochemical oxygen demand, nitrite,
nitrate, ammonium, orto-phosphate and total phosphate. This programme also includes the
determination of heavy metals in rivers.
Under the National Monitoring Programme, in 2013, NEA contracted five institutions to
monitor the established environmental indicators. In 2014, the number of contracted
institutions was increased to eight monitoring contracted institutions, thanks to the increase of
the monitoring budget allocated by the government for 2014. The monitoring budget for 2014
was increased from 16,000,000 ALL (110,000 Euro) in 2013 to 26,000,000 ALL (180,000
Euro).
The monitoring contracts for 2014 signed between NEA and respective institutions include:
Monitoring of microbiological elements on coastal waters;
Monitoring of underground waters in the main coasts;
Monitoring of the soil erosion;
Monitoring of the air quality in Tirana;
Monitoring of the air emissions;
Monitoring of the soil contamination;
Monitoring of noise;
Monitoring of the water quality used for irrigation.
Concerning the enhancement of NEA’s capacities, the NEA staff participated in the training
cycle organised by SELEA project, including special workshops on:
monitoring,
Environmental Impact Assessment,
Environmental Permissions,
implementation of liability principle,
PRTR,
biodiversity monitoring,
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set up and management of environmental data base system etc.
The training of NEA staff is ongoing.
27.10.2 State Inspectorate of Environment, Forests and Water (SIEFW)
For the implementation of the DCM No. 46 of 29.01.2014 “On the set up and functioning of
the State Inspectorate of Environment, Forestry and Water”, the Prime Minister has issued:
Order of Prime Minister No. 56 of 13.02.2014 “On the approval of the structure and
staff of the State Inspectorate of Environment, Forestry and Water”;
Order of Prime Minister No. 101 of 21.02.2014 “On the nomination of the Chief
Inspector of the State Inspectorate of Environment, Forestry and Water”.
SIEFW is a public institution, budgetary under the Minister of Environment. Its mission is to
guarantee and enforce the legal provisions in the field of environment, forestry and water.
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CHAPTER 28: CONSUMER AND HEALTH PROTECTION
Key achievements
In the field of consumer protection the Ministry of Economic Development Trade and
Entrepreneurship (MEDTE) has made further efforts to improve and complete the existing
legal framework as well as to finalize the drafting of Consumer Protection and Market
Surveillance Strategy. A number of activities were organized to improve the enforcement of
legislation, strengthen capacities and raise awareness of stakeholders.
The main achievement in the field of public health is the adoption of several Decisions of
Council of Ministers and Orders of Minister of Health, as well as a number of activities
supported by TAIEX, mainly in the field of communicable disease, non-communicable
diseases and mental health. A working group was established for the preparation of a draft
law on communicable diseases that will be in compliance with several Commission
Decisions. The introduction of two shots of Inactivated Polio Vaccine (IPV) replacing the use
of oral polio vaccine (OPV) it is another achievement in the field of public health and
communicable diseases control.
28.1. Consumer Protection
The Minister of Economic Development, Trade and Enterprises has approved two guidelines.
The Guideline No. 177, dated 26.12.2013 “On Risk Assessment for Consumer Products”
related to general safety for non-food products area approximates Albanian law with
Appendix 5 of Commission Decision 2010/15/EU of 16.12.2009 laying down guidelines for
the management of the Community Rapid Information System ‘RAPEX’, established under
Article 12 of Directive 2001/95/EC “On general safety of products”.
The Guideline No. 11, dated 02.09.2013 “On definition of the procedures for handling of
consumer complaints” establishes procedures dealing with complaints and completes the
legal framework on consumer protection and facilitates the consumer access to require the
protection of their rights at the MEDTE.
The drafting of the Inter-sectoral Strategy “On consumer protection and market surveillance
2014-2020” complying with the Governments’ Programme 2013-2017 was finalized. An
awareness roundtable with key stakeholders involved in consumer protection issues was
organized on 15.03.2014. This roundtable was attended by participants from state institutions,
consumer associations, civil society, business associations, academic staff from the Faculty of
Law Tirana, etc. The aim of this activity was the first presentation of the draft Inter-sectoral
Strategy “On consumer protection and market surveillance 2014-2020”, as a preliminary step
for further consultation process, as well as for the exchange of opinions regarding consumer
protection issues and the improvement of the cooperation between these stakeholders. This
draft strategy will be further consulted during May 2014 with other groups of interest before
its approval by the Council of Ministers in June 2014.
The staff of the Consumer Protection Unit/Internal Market Department and the members of
Inter-Institutional Working Group for chapter 28 “Consumer Protection and Public Health”,
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have attended two trainings in February and March 2014, aiming strengthening of their
capacities. Participants in the training were also representatives of consumer protection
associations. The topics of these trainings were related to the implementation of consumer
protection legislation and have addressed issues such as: unfair commercial practices,
consumer contracts, consumer rights, as well as alternative dispute resolutions.
In October 2013 an assessment study on consumer credit, specifically the enforcement of
consumer protection legislation from second level banks was finalised. In December 2013 the
results of the study were presented in a meeting where each of these banks was provided with
the respective report. A three months period was left to the banks to take appropriate
corrective measures.
These activities were organised by GIZ Project “Support for the implementation of the EUcompliant Albanian legislation”.
The MEDTE is responsible for drafting of the DCM "On contracts in respect of certain
aspects of timeshare, long-term holiday product, resale and exchange", which would fully
approximate the European Parliament and Council Directive 2008/122/EC on the protection
of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and
exchange of contracts.
28.2. Health Protection
In the framework of implementing the reform for the improvement of the quality and
performance of consulting services for mother and children in primary health care, a set of
guidelines for antenatal/postnatal care for mother and children, nutrition for children and
pregnant woman, child growth and development have been drafted with the support of
UNICEF. In this context the following acts were approved:
Order of the Minister of Health No. 469, dated 03.09.2013 “For the approval of
guidelines of clinical practice for primary health care for growth and development
monitoring of children 0-6 years old”;
Order of the Minister of Health No. 470, dated 03.09.2013 “For the approval of
indicators for monitoring performance of consulting centres for woman and
consulting centres for children for primary health care”.
Communicable diseases
The Law on the Control of the Infectious Diseases is still in the approval procedure.
In the field of infectious diseases, the following acts were approved:
Order of the Minister of Health No. 48, dated 10.02.2014 “For the Establishment of
working group for the preparation of National HIV/AIDS Control Strategy” which
specifies the composition, organization and the functions of the group during the
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preparation of the new strategy to control HIV/AIDS during the period 2015-2020
including the action plan with budgetary allocations.
Order of the Minister of Health No. 116, dated 20.03.2014 “For the establishment of
the working group for the preparation of draft law on communicable diseases control
in the Republic of Albania”. The representatives of the working group were experts
from MoH, Institute of Public Health, Tirana University, Hospital Center and Health
Insurance Fund.
Based on the Order of the Minister of Health No. 591, dated 22.11.2012 “On establishing the
National Secretariat for Adverse Events Following Immunization (AEFI)”, three consecutive
meetings of the Secretariat on coordinating the preparation of the Manual of National
Guidelines on AEFI Management were held in 2013. The guidelines are expected to be
approved by an Order of Minister of Health in November 2014. In the meeting held in
January 2013 the Immunization Committee approved changes of immunization schedule and
introduced the system with two shots of Inactivated Polio Vaccine (IPV) (the vaccine against
polio through injection) replacing the use of oral polio vaccine (OPV) (the oral live vaccine
against polio). Vaccination with IPV will be introduced for all children born from 1.03.2014
onwards in June 2014.
In the framework of expanding the web based Information Immunization System (IIS) all
local managers of immunization program all over the country were trained. This system is
already implemented in the districts of Lezha and Malesia e Madhe. Also, the Project
proposal on expanding IIS all over the country has been prepared in 2013 and submitted to
the Albanian Government for approval till the end of 2014.
Within the framework of HIV/AIDS European Testing week on 22 – 29 December 2013,
Albania took part in this activity for the first time and 404 students were voluntarily tested in
Tirana, Korça, Vlora and Shkodra.
With TAIEX assistance, the MoH organized an Expert Mission on integrated Mosquitoes
Control in Coastal Wetlands of Albania, aiming to help the Albanian experts to prepare an
Integrated Mosquitoes Control (IMC) plan in coastal wetlands from 31 March to 4 April
2014. This IMC plan will use a Biological Control (BC) program and will define appropriate
interventions for controlling mosquitoes of nuisance and public health importance, while
preserving biodiversity and the environment. The measures will be defined in accordance to
recommendations of ECDC, WHO Europe and EMCA, and with Biocidal Product Directive
98/8/EC.
Tobacco
In the field of tobacco control the following activities were carried out:
Training of health personnel in schools of Tirana, focusing on young people and their
smoking habits. The training curriculum is a part of the curriculum prepared by health
promotion specialists of Institute of Public Health (IPH), under the support of the
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MoH and WHO. Trainings have started in November 2013 and will continue till the
end of 2014. Until now 40 school doctors were trained.
According the methodology recommended by WHO, the sector of tobacco control in
IPH, has given assistance for smoking cessation to more than 40 persons,
Meetings with members of the Parliamentary Economy Committee held to lobby for
an increase of the tobacco excise.
Mental Health
In the mental health field, based on the new Law No. 44/2012 “On mental health”, the
following acts were approved:
Order of the Minister of Health No. 586, dated 30.11.2013, on the approval of
“Standards of Physical Restraint in Specialized Mental Health Inpatient Services”,
fulfilling the obligation according to the Article 27, paragraph 5, letter “ç” of Law No.
44/2012. This document responds to the implementation of the Mental Health Law
and to the gap identified by the international monitoring organizations in the field of
Clear Procedures (CPT). This document includes the general principles while
implementing physical restraint and the procedure that should be followed.
Order of the Minister of Health, No. 693, dated 24.12.2013, on the “Roles,
responsibilities and core competencies of mental health professionals”. This
document, apart from sharing tasks between multi-disciplinary team members, aims to
standardize the service offered by similar institutions or services, as well as enable
monitoring the quality and efficiency of these services.
Order of the Minister of Health, No. 44, dated 06.02.2014 on “Appointment of the
Mental Health committee chairman”.
The DCM 185, dated 04.02.2014, on “Determining the manner of implementation of basic
medical examination for citizens aged 40-65 years” was approved. This act is a medical
package which includes mental health aspects, namely, assessment, counselling, treatment
and follow up for lifestyle factors. This program is expected to be implemented within 2014.
A TAIEX Expert Mission on the assessment of the establishment of a Medical Institute for
Treatment of Mentally Ill Detainees took place 13 – 17 January 2014. The aim of the mission
was to support the Ministry of Health in the preparation of the feasibility study and advice
during design preparation which would be a part of a comprehensive assessment for the
establishment of the specialized Medical Institute for the Treatment of Mentally-ill Detainees.
Drugs
The below mentioned acts were approved during the reporting period:
Decision of Council of Ministers No. 24, dated 22.01.2014 “On laying down rules on
the issue of the Minister of Health Authorization on import of unregistered drugs”;
Decision of Council of Ministers No. 53, dated 05.02.2014 “On defining the
manufacturing and trading margins of drugs”;
Order of Minister of Health No. 53/1, dated 04.11.2013 “On establishment of the
working group to prepare legal changes in the pharmaceutical field”;
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Mutual Guideline of Ministry of Health and Ministry of Finance No. 585/1, dated
05.12.2013 “On some changes in the Guideline No. 2, dated 15.01.2013 “On the
production, codification, stamping, distributing procedures and monitoring of drugs
stamps of control”, as amended.
A Memorandum of Understanding between the Institute of Public Health and all drug centres
in Albania providing care/treatment (inter alia, the National Centre for Addiction, health
services in Penitentiary, Action Plus, Emanuel Community, Stop Aids) was signed in August
2013. The aim is to share information on drug related health services. Based on the
Memorandum, and with the support of WHO and European Monitoring Centre for Drugs and
Drug Addiction (EMCDDA), a project proposal for the computerization of the information
regarding drug treatment was finalized. This project is expected to be implemented within
2014. While the first Drugs National Report was published in English by the Institute of
Public Health in July 2013, the final one was sent for approval to EMCDDA and it is
expected to be published within 2014.
A first and detailed project for Size Estimation of Problematic Drug Users in Albania was
prepared by the Institute of Public Health, financed by UNODC and is expected to be
published within November 2014. The sustainability of procurement of Methadone for
another one year period (2014) was assured by negotiations with GFATM. The program of
Methadone Replacement Therapy continues in 6 health centres (Tirana, Vlora, Shkodra,
Elbasan, Fieri, Korça).
Alcohol
The Anti-drug sector and the Pharmaceutical Department at the Ministry of Health have
required the reimbursement of anti-alcoholic preparation disulphiram from the Drug
Reimbursement Committee. The Committee unanimously accepted the request and decided
to include the preparation among 55 other preparations on the list of reimbursed preparations
(this decision entered into force on 4.01.2014).
In March 2014 the Conference on “Multidisciplinary Treatment of Abuse of Drugs and
Alcohol” was organized in Tirana. This conference, supported by WHO and UNODC, was
organized by the University Service of Addiction and Clinical Toxicology and the
Association of Albanian toxicologist “Albtox”, in collaboration with other institutions and
organizations concerned (University Hospital Center “Mother Teresa”, Faculty of Medicine,
Institute of Public Health, Ministry of Health, “Therapeutic Community Emanuel”, and NGO
“Action Plus”, “Stop AIDS”).
Cancer
The Order of Minister of Health No. 528, dated 09.10.2013 on “Free services for cancer
patients“ was approved. The order aims to ease the access to additional health care (including
diagnoses and treatment) for all patients suspected to have cancer. It is expected to improve
the utilization of early detection services for breast, cervical cancer etc.
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During the period September 2013 - January 2014 more than 200 GPs were trained on cancer
control and clinical breast examination (CBE) in 9 accredited 2 day courses (IPH, UH). More
than 100 Nurses were trained as well in 4 courses. Around 50 Health educators were trained
in the same topics in 2 courses.
Three national awareness campaigns were organized by the Ministry of Health (MoH),
Institute of Public Health (IPH) and University Hospital (UH):
On breast cancer during October 2013;
On cervical cancer during January 2014;
On cancer prevention in February 2014.
The Institute of Public Health (IPH) has produced 30 000 copies of leaflets and 10 000 copies
of brochures for awareness rising on breast cancer, as well as 1000 sets of training materials
including clinical breast examination (CBE) DVD in Albanian. Around 15 promotion
activities were organized by IPH in work settings and local communities. Around 25000$ are
given by One UN Albania through IAEA to MOH/IAEA for this purposes. During 2013
MOH, the Institute of Health Insurance (IHI) began to gather data on breast cancer early
detection visits for the first time.
A large program on systematic ‘health check ups’ is in its final stages of preparation at MOH
and early detection activities for breast cancer and cervical cancer were included in that
program. It is planned to be launched at primary health care by October 2014. International
partners who supported cancer control activities are IAEA, One UN Albania, UNFPA.
Blood Transfusion and Transplants
During the reporting period the implementation of BESSY Project (Blood Ethical Good for
Social Capital and Safety) has continued till the end of March 2014. This project is funded by
the IPA Adriatic Cross-border Cooperation Program” under the priority Economic, Social and
Institutional Cooperation, measure on social, labour and health networks. Until now the
following outputs have been achieved:
Software for management of voluntary blood donors;
Development of European common promotional campaigns aiming at increasing the
number of ethical blood donors and raising the awareness on blood safety issues
among potential donors and current donors;
Recommendation book for policymaker in management of blood donors;
Ethical chart for voluntary blood donors;
Memorandum of Understanding between network partners.
Furthermore, a project for the prevention of infection transmission through safer blood and
components was implemented. It is funded by Italian-Albanian co-operation for development.
The objectives of the project are:
Sufficient blood through more voluntary non-remunerated donations;
Safer blood through improvement of testing;
Correct use of transfusion in the clinical side.
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E-Health
The e-prescription project is initiated by the Ministry of Health in collaboration with the
Social Insurance Fund. E-prescription system will enable more efficient management of
medical drugs. Through this project the hard copy recipes will be eliminated and the
prescriptions can be accessed on-line from the parties involved in this process:
- doctors;
- patients;
- pharmacists.
The Track & Trace project is initiated by the Ministry of Health in collaboration with the
National Centre of Drug Control. This project aims to:
ensure reliable supply of medical drugs to patients;
prevent forgery, fraud, smuggling and illegal sale of medical drugs;
set-up a system with barcode for tracking medication;
support for the rational use of medical drugs and getting data to monitor
medicaments market.
Hospital Management System was initiated by the Ministry of Health. During the reporting
period implementation of a pilot project commenced at the Mother Teresa University
Hospital. This project aims to:
manage the patient services;
provide registration of the diagnoses and treatments of patients;
facilitate registration of medical drugs used by the clinics;
facilitate registration of costs of the hospital institutions;
facilitate creation of spending indicators to check the performance.
Currently at the National Centre of Biomedical Engineering operates a system that manages
data equipment in 10 hospitals. The aim is to include all health units, hospitals or centres,
with data on the equipment at their disposal and their working status.
Health Facility Inventory List is initiated by the Ministry of Health. This project aims to have
complex information for any health centre or hospital, the building, laboratories, equipment
and personnel working near them. All the data collected will be placed in a data center at the
Ministry of Health.
Non Communicable diseases
On 20-22 January 2014, an Expert Mission on identifying the priorities and designing actions
in the fields of Cardiovascular Disease Control (CVD) was performed. It was supported by
TAIEX. In the framework of this mission, meetings with representatives of the Ministry of
Health, IPH and HII, as well as the Albanian Association of Cardiologist were organized. The
aim was to present the situation and the measures taken so far on the control and prevention
of cardiovascular diseases.
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In addition, during the discussions with representatives of IPH, MOH, National Association
of Cardiology and the School of Public Health, the best practices on the monitoring of
cardiovascular disease and measures on its prevention were presented. Upon completion of
the mission, the report was prepared to serve as a basis for actions to be undertaken from IPH
and MoH on this area.
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CHAPTER 29: CUSTOMS UNION
In order to achieve progress in this area as well as to address the recommendations of the EU
Progress Report 2013, the Ministry of Finance and the General Directorate of Customs
(GDC) have taken several legislative initiatives aimed at the approximation and
implementation of the customs legislation in Albania. In this context, can be mentioned as
follows:
The new draft law “Customs Code of the Republic of Albania” which is fully based on
Commission Regulation No. 952/2013, dated 09.10.2013 “Union Customs Code” and
partially based on Council Regulation (EC) No. 1186/2009, dated 16.11.2009, Directive
2007/74/EC of European Council, dated 20.12.2007. This draft law repeals the existing
Customs Code. The new draft is sent to the Ministry of Finance in the first quarter of year
2014 for following further approval procedures and is expected to be approved end of
2014. During the drafting process of this Code, the Customs Administration has taken
into account the national legislation of other European countries in the field of Customs,
such as Austria, France and Italy;
Through the approval of Decision of Council of Ministers (DCM) No. 1067 dated
14.12.2013 “On adoption and official publication of Combined Nomenclature of Goods”
and DCM No. 1100, dated 27.12.2013 “On an amendment of DCM No. 1067, dated
14.12.2013 “On adoption and official publication of Combined Nomenclature of Goods
2014” it is made possible the application of EU Regulation No 1001/2013, dated
04.10.2013 and EU Regulation No. 1326/2013, dated 9.12.2013, regarding the CN of
Goods for 2014;
Through the approval of Law No. 180, dated 28.12.2013 “On some amendments and
additions to Law No. 61/2012, dated 24.05.2012 “On excises in the Republic of Albania”,
as amended, has changed the way of taxing the excise for beer product, further
approximating EU Directive 92/83, by imposing taxes on beer by volume alcohol metric
scale.
Some other acts, that do not approximate EU acts, were approved during the reporting period:
The assistance agreement for customs service signed between the Council of Ministers of
the Republic of Albania and ‘Crown Agent Limited’, which provides assistance to
customs administration according to EU standards and best regional practises in order to
improve the performance, increase the revenue collection and fight the corruption within
Albanian Customs Administration;
In 29.01.2014 was approved by the General Director of Customs the Quality Manual of
Customs Laboratory referring to ISO/IEC 17025: 2005 standard “General requirements
on competences of sampling and calibration laboratories”, aiming compliance with the
accreditation process of General Directorate of Accreditation;
There are concluded some Agreements with Alpha Bank, United Bank of Albania,
Reiffeisen Bank, Fibank, Intesa Sanpaolo Bank, National Commercial Bank, International
Commercial Bank, Societe Bank regarding the payment procedures from economic
operators;
On 27 December, 2013 was signed in Tirana the Joint Declaration between General
Directors of Albanian Customs Administration and Kosovo Customs Administration
related to the implementation of Operational Document 2014.
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The following legal acts were sent for approval to the Ministry of Finance within the
reporting period and are expected to be approved within last quarter of 2014:
Draft-DCM “On some amendments and additions to DCM No. 612/2012 “On adoption of
implementing provisions of law on Excises”, as amended.
Draft-DCM “On some amendments and additions to DCM No. 205, dated 13.04.1999
“On Implementing Provisions of Customs Code of the Republic of Albania”, as amended;
related to Ministry of Defence proposal on Transit, Form 302 of NATO and drafting of
the relevant instruction how to use Form 302.
Draft Internal Regulation of GDC, concerning the latest changes in the structure of GDC.
In regard to the EC recommendation “the rate of use of transaction value remains low by EU
standards”, the transaction method was used in 86% of the import cases, while other methods
were used in 14% of the imports. Concerning the customs revenues, 96.3% of the total is
provided by self-declarations of the importers. Only 3.7% is ensured by customs valuation
rule.
In order to achieve a fair balance between trade facilitation and matters concerning health
protection and security, the Albanian Customs Administration is continually working to
improve the targeting process it is done through risk profiles in order to select the
consignments with higher risk for physical control. The percentage of documentary controls
for September 2013 – March 2014 is at a level of 100% and physical controls at 10%.
The risk profiles in the selection module are periodically reassessed (39 profiles during the
reporting period), updated or new ones are set up based on the proposals and/or information
received by different Customs Administration structures and outside of it.
The National Strategy of IBM and its Action Plan 2014 – 2020 was approved by DCM No.
119, dated 05.03.2014. This Strategy and its Action Plan follow the documents of IBM of
2007–2014. Following the meeting of the inter-institutional working group (13.02.2014) and
according to Prime Minister Order No. 13, dated 13.02.2013 a CD with a Questionnaire (in
Albanian and English) on Needs Assessment was forwarded to all the institutions included in
the Inter-Institutional Working Group. The completion of this Questionnaire will enable the
collection of data and identify the needed priorities in CBRN area.
The International Finance Corporation (IFC) has proposed its engagement to finance a grant
of USD 120.000 (equal to 60% of the project value) to upgrade the IT system Asycuda
World. A co-financing is required, equal to EUR 80.000, from the state budget or other
donors in order to realize this project. The General Directorate of Customs is waiting the
confirmation for the co-financing by the Ministry of Finance.
The Albanian Customs Administration also participates in the Systematic Electronic
Exchange of Data (SEED) Project together with Montenegro, Kosovo, Serbia, BosniaHerzegovina and FYROM. This system makes possible the exchange of real time data
between the customs administrations of the countries that have signed the agreements of the
common administrative assistance. Albanian Customs have protocols of collaboration with
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the Customs Administrations of Montenegro (BCP of Hani i Hotit), Kosovo (Morina BCP)
and FYROM (Qafe Thana and Bllate BCPs) and through SEED data related to the “empty
trucks” and “ loaded trucks” with destination the territory of the Republic of Albania are
exchanged. The maintenance of SEED system is financed from the EU and will continue
until the end of 2014. After this date, a provision for an amount of 30.000 euro/year is needed
(e.g. with funds of IPA – Component II Cross-Border Cooperation) to maintain the system.
On April 1, 2013 the Albanian Customs Administration has approved a project proposed by
the International Atomic Energy Agency (IAEA) for “Establishment of framework and pilot
deployment of equipment to secure radioactive material out of state regulatory control in
Republic of Albania”. The implementation of this Project has started in June 2013, managed
by IAEA, and will be completed within the 1st quarter of 2015. The total financing amount is
EUR 800.000 which includes Radiation Portal Monitors (RPM) deployed and put in
operation at Durres Sea Port and Hani i Hotit BCP. The existing Tirana Airport RPM will be
refurbished to meet applicable IAEA configuration standards. All RPMs will be connected to
a National Data Analysis Center (NDAC) in Customs Administration Headquarters in Tirana
and also connected to the Alarm Support Center in Institute of Applied Nuclear Physics also
in Tirana.
Since 1 April 2013 the Customs Administration has obtained significant knowledge and
information from participating in several activities and working groups under the Customs
2013 Programme. In December 2013 the Customs Administration has expressed its interest to
participate in the Union Programme “Customs 2020”. For Albania participation in the
Customs 2020 Programme is a supporting instrument to the application for EU accession.
Since 1 April 2013 the Customs Administration has obtained significant knowledge and
information from participating in several activities and working groups under the Customs
2013 Programme. In December 2013 the Customs Administration has expressed its interest to
participate in the Union Programme “Customs 2020”. For Albania the participation in the
Customs 2020 Programme is a supporting instrument to the application for EU accession. It
is expected from the Commission to sign the International Agreement concerning the
Customs 2020 program in the middle of May. Then, it will be for Albania to do the same
after following the relevant national procedures.
Regarding training activities, 16 anti-smuggling officers were certified after two weeks of
training and have officially joined the mobile teams of “Crown Agents” with whom they will
work on the field starting from the 1 March 2014 until 8 May 2014.
The Fiscal Academy, an institution under the Ministry of Finance has started training for both
Tax and Custom Administration for New Employees in 29.03.2014. The fiscal Academy is
responsible for the training and is dealing with both administrations (Tax and Custom) for
accomplishing the training. There are several groups of training the new employees, in order
to let the work keep going and interrupted, because the sector of Customs is very important.
The staff will participate in trainings on “Code of Ethic and Conduct” elaborated by “Crown
Agents” experts.
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CHAPTER 30: EXTERNAL RELATIONS
Key Achievements
Albania continues to fulfil the commitments related to commercial policy arising from the
SAA and follows periodically the EU agenda on Common Commercial Policy. The
Additional Protocol 3 to the Agreement on Amendment of and Accession to the Central
European Free Trade Agreement was signed on 20 November, 2013 in Sarajevo and recently
ratified by Albanian Parliament.
30.1 Commercial policy
The Department of Trade Integration Policies no longer exists and trade policy functions are
transferred to the Unit for SME support and approximation of commercial legislation. This
unit is now responsible for chapters 3, 6, 20 and 30. This comes as a result of the
organizational changes in 2013 aimed at better efficiency in the use of administrative
capacity on trade policy.
The 2013 training calendar included 4 general training events for October - December. Due
to changes in some ministries, the remaining trainings were postponed to 2014.
As regards the World Trade Organization (WTO) Albania is following the post-Bali work in
areas of direct impact for the country, in particular Trade Facilitation.
The necessary Categories’ commitments to be annexed to the WTO agreement on Trade
Facilitation are being prepared in cooperation with Customs Administration and compliant
with S&D treatment provisions.
A trade facilitation workshop to assess the implementing capacities in trade facilitation is
scheduled for 5-9 may 2014. It is jointly organized with Kosovo and facilitated by USAID.
The goal is to have a common assessment with Kosovo in this respect and to align bilateral
actions to facilitate bilateral trade.
Moreover, the EU mission in Geneva and EU Delegation in Tirana are extensively consulted
about Albania’s potential to accede to GPA under WTO, following the request of GPA
Committee in April 2013. The final consultation took place on 14 April 2014 with the EU
Delegation. These meetings served to enable Albania to table its position with the GPA
Committee if a new request for accession will be addressed to Albania.
The Additional Protocol 3 to the Agreement on Amendment of and Accession to the Central
European Free Trade Agreement (CEFTA) was signed on 20 November, 2013 in Sarajevo
and was ratified by the Albanian Parliament on 20.03..2014. This protocol fully liberalizes
trade in agricultural products, providing as such, the establishment of the free trade zone in
the region.
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Currently, the main focus in this area is on the liberalization of services. Albania is
preparing for negotiations aiming for a greater level of liberalization than the applied one.
Although the understanding among CEFTA Parties is to have GATS+ level of liberalization,
Albania believes that the liberalization should go deeper.
Following PEM provisions on rules of origin, Albania have recently consulted the EFTA
Secretariat on the potentials to amend the respective annex on rules of origin of the free trade
agreement with EFTA States. We are informed that this amendment is dependent on the
results of discussions between the EU and Switzerland in this respect.
In the area of BITs, Albania is negotiating bilateral agreements for the reciprocal promotion
and protection of investments with the United Arab Emirates, Canada, Iceland, Turkey,
Slovakia, Morocco, and Lebanon. Moreover, negotiations are underway for agreements on
economic and technical cooperation with Bosnia and Herzegovina, Montenegro, Brazil and
South Korea.
30.2 Development cooperation and human aid
The Albanian government provided two humanitarian aids during 2013-2014:
The Government provided humanitarian aid ($ 100.000) to Turkey for the
accommodation of Syrian refugees by, pursuant DCM No 43 of 23.01.2013 "On extra
budget for 2013 to the Ministry of Foreign Affairs".
The Government gave humanitarian aid to the Maternity Hospital of Presevo (EUR
50,000), pursuant to DCM dated 19.03.2014.
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CHAPTER 31: FOREIGN, SECURITY AND DEFENSE POLICY
Key achievements
Albania has aligned itself with 34 declarations and common positions of the EU in the field
of CFSP and has continued to align with statement and/or explanation of position/vote of the
European Union (EU) at the United Nations bodies. In this framework, the Missions of the
Republic of Albania were aligned with 214 declarations of EU in different bodies. Albania
became one of the first countries that signed the Arms Trade Treaty. Albania has confirmed
its willingness to actively participate in the Civil and Military Crisis Management Operations
and has declared its participation in the EU Mission in Mali. The Albanian Government has
established an inter-ministerial working group on drafting the new document of National
Security Strategy. Albania has participated in the meetings of all levels in the framework of
regional initiatives being actively involved in the process of regional cooperation. Albania is
also assuming the one year Chairmanship of the Adriatic and Ionian Initiative (AII)
Political dialogue
European Union integration of Albania is considered a strategic objective, guaranty for peace,
stability and prosperity in the region and beyond. In this framework, Albanian government
has the will to fulfil all needed reforms for the process of European integration.
Albania strongly supports the Common Foreign and Security Policy of the EU, which aims at
strengthening the role of the EU as a political entity with ever growing influence in
international politics.
Albania has an intensive political dialogue with the EU and its Member States. Albania’s
objective is to obtain the candidate status and the opening of accession negotiations.
Albania since January 2004, has joined regularly common positions of the European Union in
the field of the CFSP. Albania has contributed and still contributes to EU military missions
undertaken in the framework of the CSDP.
Vision of Albania’s foreign policy is based on building bilateral and multilateral relations
characterized by the spirit of understanding and cooperation. To implement this basic
orientation of foreign policy, Albania has adopted an increasingly active role in favour of
peace and stability in the region and beyond.
The Republic of Albania considers that regional cooperation and regional ownership are not
only prerequisites of European Integration, but also current necessities to finally transform
the image of the region. The orientation of the Albanian foreign policy is reflected in the
proactive participation in all initiatives and multilateral organizations operating in the region
of Southeast Europe and beyond. On the international level, the Republic of Albania pays
special attention to the active participation and its representation in international
organizations, with which shares common values.
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Albania will continue to ensure coordination and cooperation at the national, regional and
international level, in order to maximally reduce the risk of terrorism by improving security
elements and increasing community trust in preventive measures against terrorist acts and
phenomena.
Albania conducts an intensive political dialogue with European Union institutions and its
Member States.
Engagement of Albania in the international initiatives
Albania has continued to support actively the EU foreign, security and defence policy. In this
framework, during the period 1 September 2013 – 31 March 2014, Albania has aligned itself
with 34 declarations and common positions of the EU in the field of CFSP. Please refer to
Annex III.31.1 to find the full list of the declarations and common positions.
During the reporting period (September 2013 – April 2014), Albania has continued to align
with statement and/or explanation of position/vote of the European Union (EU) at the United
Nations bodies in New York, namely the Security Council, the General Assembly, ECOSOC
and the six committees of the General Assembly, as well as at the other UN institutions in the
world. In this framework, the Missions of the Republic of Albania has aligned with 214
declarations of EU in different bodies: 82 declarations of EU in New York, 40 declarations
of EU in Geneva, 82 declarations of EU in Vienna, 8 declarations of EU in the Hague, 2
declarations of EU in Paris. Albania has also aligned with 7 Declarations of the EU in the
Council of Europe in Strasbourg. The full list is provided in Annex III.31.2.
Albania became one of the first countries that signed the Arms Trade Treaty. Albania ratified
in February 2014 and the instrument of ratification has been submitted to the UN Secretary
General. This marks the fulfilments of all the legal requirements for this treaty to its entry
into force.
As a Member State of ECOSOC for 2013-2015, Albania continues to contribute actively to
its deliberation. Cooperation and reciprocity between our delegation and the EU has further
deepened during the ECOSOC operational activities segment, held in the end of February
2014.
Albania has confirmed its willingness to actively participate in the Civil and Military Crisis
Management Operations.
Albania has declared its participation in the EU Mission in Mali (EUTM – EU Training
Mission) with 2 Trainers/Instructors of EOD/AME, starting from July 2014. The participation
in this Mission is also under consideration from the Ministry of Defence, awaiting the results
from the forthcoming Conference on Generation of Force, where a decision will be taken on
whether the Trainers/Instructors will come from a single country or not.
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Implementing the Order of Minister of Defence no. 1980 of 15.11.2012, Albania will
continue to participate in the Operation ALTHEA in Bosnia and Herzegovina with a
representative in the Operation Headquarters with the position: Advisor for Training of Staff.
The Albanian Government has established an inter-ministerial working group on drafting the
new document of National Security Strategy. The surplus stockpiled ammunition and the
small arms and light weapons, existing within the country are identified as one of the main
threats for the country’s security, economic and social development. The Demilitarization of
Surplus of Ammunition Process, conducted by the Ministry of Defence has been very
successful from its very beginning in 2009. The Ministry of Defence has still about 145.000
excess weapons, which includes about 17.000 weapons collected by the Ministry of Internal
Affairs and handed over to the Ministry of Defence. From this amount, 70.000 excess
weapons are categorized and Ministry of Defence has begun the process of their demolition,
which will end within the year 2014. The objective of the Government of Albania is to totally
destroy the remaining 20.000 tons of surplus of stockpiled ammunition and the small arms
and light weapons existing within the country.
Pursuant to the Defence Directive for 2014 and to the “Action Plan for the demolition and
alienation of surplus ammunition and outside of the needs of Organization and Equipment
Table (TOP) of the Armed Forces in 2014”, approved by the Order of the Minister of
Defence no. 297, date 21.03.2014, the Ministry of Defence aims at the process of industrial
demolition and blasting in open polygons, to be completed within 2014 and the process of
alienation through the sale to be completed by the end of 2015.
Regional Cooperation
Regarding regional cooperation, Albania actively contributes to regional cooperation and
plays an important role towards the reconciliation process in the region. Albania has
participated in the meetings of all levels in the framework of regional initiatives, i.e.: SEECP
– South East European Cooperation Process, CEI – Central European Initiative, AII –
Adriatic and Ionian Initiative, RCC – Regional Cooperation Council, BSEC – Black Sea
Economic Cooperation, MARRI – Migration, Asylum and Refugees Regional Initiative, and
further, being actively involved in the process of regional cooperation.
Fully engaged in the regional cooperation process, by 1 June 2013, Albania is assuming the
one year Chairmanship of the Adriatic and Ionian Initiative (AII), which is coinciding with a
crucial period the finalization process and hopefully the approval of the new EU Strategy of
the Adriatic and Ionian Macro Region, by 2014.
Following the proposal of Albanian Presidency of AII, and a full support given by European
Commission, a Special Meeting of the Adriatic and Ionian Council (AIC) of the Ministers of
Foreign Affairs was organized on 6 February 2014 in Athens, back to back with the
Stakeholders Conference on EU Strategy for the Adriatic and Ionian Region. The AIC
Special Meeting was attended by EU Commissioners Hahn and Damanaki and by Deputy
Prime Minister Venizelos on behalf of the current Greek EU Presidency. The main outcome
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of this meeting was a strong political support of the eight Countries towards the EUSAIR,
embedded in a special Declaration adopted on this occasion.
This meeting alongside with the participation and presentations of the Albanian Presidency to
the Plenary Sessions of the EU Conference on 6-7 February 2014, increased to a great extent
the visibility of Albania as a serious, respectful, professional and constructive regional and
European actor.
The Albanian Presidency of AII is also organizing the Conference of the Speakers of the
Parliaments of AII region on 27-28 April 2014 in Tirana and the formal Meeting of the
Council of the Ministers of Foreign Affairs, to be held in Brussels on 13 May 2014. During
the one year long AII presidency, several meetings and round tables will be organized in
Albania, aiming at producing synergies between AII and EUSAIR.
On 18 February 2014 the Minister of Foreign Affairs of Albania participated at the Meeting
of the Ministers of Foreign Affairs of SEECP countries in Bucharest, Romania.
On 1 June 2014 Albania will assume the one year Chairmanship of the SEECP. In the
position of the forthcoming Chairmanship in Office, Albania actually is fulfilling the
membership of the SEECP Troika, alongside Romania and FYROM.
On 26 September 2013, the Minister of Foreign Affairs of Albania participated at the meeting
of Ministers of Foreign Affairs held in New York within the framework of “Western Balkan
Six” proposed initiative.
On 31 October 2013, the Minister of Foreign Affairs of Albania participated at the joint
meeting of Ministers of Foreign Affairs of Visegrad Group (V4) together with the Western
Balkans counterparts, held in Gödöllő, Budapest, Hungary. On the same date, the Minister of
Foreign Affairs of Albania participated at the meeting of Ministers of Foreign Affairs of
Central European Initiative. The Ministers praised the role of the CEI as an important
political forum for regional cooperation, which contributes to strengthening relations among
its Member States.
Albania has played a moderate and constructive role in every regional initiative, stressing the
importance of an all inclusive cooperation. Albania continues to develop very good relations
with neighbouring countries, also as an essential part of its process of moving towards the
European Union.
With regard to relations with the Republic of Kosovo, Albania considers them as a strategic
partnership aiming economic growth, improving quality of life and accelerating the European
integration process. On 13 September 2013, Prime Minister visited Kosovo and held a speech
on the Parliament of Kosovo. Albania has supported Kosovo’s progress towards European
integration and welcomed starting of the SAA negotiations on 28 October 2013, which opens
a new chapter in the irreversible integration process towards the EU. Albania has also
supported the efforts of Kosovo institutions in fulfilling the criteria of the visa liberalization
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roadmap and the Feasibility Study of the European Commission for a Stabilization and
Association Agreement with Kosovo.
The meeting between two governments of Albania and Kosovo, held on 11 January 2014,
opened a new chapter on Albania-Kosovo relations, which aims improving the daily life of
our citizens, according to our common target to become the EU members. The new political
declaration on strategic partnership between the two countries, was signed in Prizren, Kosovo
on 11 January 2014 and aims at achieving a new economic development in all areas of
mutual interests. It is a milestone on the common economic, social and cultural developments
for both countries; a contribution on Albanian and regional integration into the EU. Prizren’s
meeting recalls the Albanian will to support ethnic Albanians in Presevo valley, as well as in
promoting the minorities’ rights all over the region. On 14 March 2014, the Minister of
Foreign Affairs of Albania, paid an official visit in Republic of Kosovo. The two respective
ministers of Foreign Affairs, signed the “The Protocol of Action between the MFA of the
Republic of Albania and MFA of the Republic of Kosovo regarding the consular
representation of the Republic of Albania in Canberra and of the Republic of Kosovo in
Milan”. On 28 March 2014, two agreements were signed in Prishtina between the Republic of
Albania and the Republic of Kosovo, in concrete terms the “Agreement of the avoidance of
double taxation on income and capital and for prevention of fiscal evasion” and the
“Agreement on removal of Value Added Tax applied on books”.
Albania welcomes and fully supports high-level on-going dialogue between Kosovo and
Serbia, with the EU facilitation and the US assistance. In this regard, Albania has
commended the successful conduct of local elections in Kosovo on 3 November 2013, in the
entire territory of Kosovo, for the first time even in the municipalities in the northern part of
the country, in accordance with Kosovo laws and the OSCE facilitation. These elections are a
key part of the historic agreement on normalization of the relations between Serbia and
Kosovo.
Albania has welcomed the efforts of Kosovo government to implement the IBM and
appointing a liaison officer who will work to improve communication between Kosovo and
Serbia. Albania has also joined calls for implementation of all the agreements reached during
this dialogue, including the First Agreement of Principles that regulates the Normalization of
Relations between the two countries, reached by the Prime Ministers of Kosovo and Serbia
on 19 April 2013 in Brussels, and the others that will follow in this process.
Albania strongly condemned the criminal murder of a EULEX customs officer on 19
September 2013 in the northern part of Kosovo and the attacks in three polling stations in
Northern Mitrovica during the Election Day.
Albania has also welcomed the full membership of Kosovo to the RCC on 28 February 2013
and its participation at the informal SEECP ministerial meeting in New York on 28
September 2013. Albania welcomes the full membership of Kosovo to the ReSPA – Regional
School of Public Administration, on 1 February 2014.
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Regarding relations with Former Yugoslav Republic of Macedonia, they are characterized by
a very good level of political dialogue, with frequent contacts of high political level,
confirmation of the positive performance of the neighbourly relations. In this light, the Prime
Minister of Albania, paid an official visit to Skopje on 5-6 November 2013.
Relations with Montenegro constitute a solid base for good neighbourly relations, developed
through an intensive political dialogue and economic and trade cooperation. Albania has
welcomed the progress of Montenegro towards EU and continues to offer its support on the
country’s accession process to NATO.
Relations with Republic of Croatia have experienced significant positive progress. There is a
growing political dialogue and a very good bilateral cooperation, particularly on European
Integration issues. The high level visits, such as the visit of the Prime Minister of the
Republic of Croatia, to Tirana in January 2014 and the visit of Minister of Foreign Affairs, to
Zagreb, on 21 March 2014, have further contributed to the strengthening cooperation between
the two countries.
Albania has been committed to further advancing the relations with the Republic of Serbia,
and strengthening the cooperation in all areas of common interest. With the aim of enhancing
political dialogue between the two countries, the Prime Minister of the Republic of Albania,
has planned to pay an official visit to Serbia soon.
It is of great importance to the Republic of Albania to further develop relations with Bosnia
and Herzegovina, intensify the political dialogue and contacts at every level. Albania has
supported the integration process of Bosnia and Herzegovina to EU and NATO and has
aligned itself to the efforts of the international community towards the necessary reforms in
the country. The Foreign Ministries of Affairs of both countries have conducted fruitful
bilateral consultations on 6 February 2014, focused on strengthening cooperation in all areas,
especially in the sector of economy. The Minister of Foreign Affairs of Bosnia and
Herzegovina is also expected to visit Tirana in May 2014.
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CHAPTER 32: FINANCIAL CONTROL
Key achievements
On external audit, the process of reviewing and discussing the draft law was completed and
submitted to the Parliament. ALSAI has already its Strategic Development Plan for 20132017, introduced to all the ALSAI employees, as well as to the public. As regards the “Public
Internal Financial Control (PIFC)”, the Cycle of Trainings for the development and increase
of staff capacities is still continuing. The amendments to Law “On the internal audit in the
public sector”, were approved by the internal audit committee, and were delivered to
representatives of SIGMA for review. At the National Centre of Analysis of the Bank of
Albania, a laboratory for analysing the counterfeit banknotes and coins is established.
32.1. External (state) audit
During October 2013 Sub-Committee on “Economic and Financial Issues and Statistics” it
was concluded that Albania will take all the necessary steps for the adoption of the amended
State Audit Institution (SAI) law by the Parliament where a 3/5 majority is needed. On 26
November 2012, the Albania Supreme Audit Institutions (hereinafter AL-SAI) submitted the
draft law to the Parliament. In March 2014, Albania’s Parliament Commissions started the
discussions on ALSAI’s law draft amendments.
In December 2013, the Strategic Development Plan (SDP) 2013-2017 of ALSAI was
presented to all the ALSAI employees, as well as to representatives of civil society.
Aiming the introduction of the Strategic Plan to the public and all the international partners,
in December 2013, the ALSAI published:
ALSAI’s Strategy 2013- 2017;
INTOSAI’s Strategy 2011-2016;
EUROSAI’s Strategy 2011-2017”
ALSAI’s strategy stands on the same line with the mission, vision, strategic goals and values
of EUROSAI’s Strategic Plan 2011-2017 and INTOSAI’s Strategic Plan 2011-2016.
The above mentioned publications are available in both languages, English and Albanian and
reachable online under www.klsh.org.al.
In October 2013 the ALSAI has been officially confirmed from the General Directorate of
Contracts and Finance/CFCU in the Ministry of Finance, that under the IPA 2013, the ALSAI
is beneficiary of the project ‘Strengthening of external auditing capacities’.
The ALSAI as the beneficiary institution of the project, in cooperation with the appropriate
structures in the Ministry of Finance, has included in its 2014 budget the co-financing part
of this project, which will be of the amount 30,000 euro. ALSAI has established its Senior
Programme Officer for pursuing this project (SPO).
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During December 2013, 2nd Scientific Conference on “The Role of Supreme Audit Institutions
in the current challenges, in trying to more efficiently contribute to an Accountable Public
Management” was held in Tirana. The event was attended by120 participants, 12 of which
foreign speakers from the European Court of Auditors, DG-Budget, SIGMA and various
European Supreme Audit Institutions, partners of ALSAI.
During the period 2013, the institution has published 11 publications, by making public and
transparent all of its activity:
ALSAI’s Strategy 2013- 2017, INTOSAI’s Strategy 2011-2016, EUROSAI’s
Strategy 2011-2017;
ALSAI’s auditors in the Media, 2013
ALSAI annual analysis of 2012
ALSAI Performance Report, 2012 (Albanian and English)
Financial Audit Guide (ISSAI 1000-2999)
Compliance Audit Guide ( ISSAI 4000-4200)
Audit Reporting – Guide
Standards of Public Debt Audit
Second Scientific Conference of ALSAI
Public Audit Magazine No. 4
Public Audit magazine No. 5
These publications set of 21 titles is prepared and distributed in the last two years. Among the
titles, it is worthy to emphasize the “Financial Audit Guide” (ISSAI 1000-2999)” and the
“Compliance Audit Guide (ISSAI 4000-4200)” which directly support the auditors to
increase the quality of their audit.
During 2013 AL-SAI has signed Memoranda of Understanding (MoU) with the following
authorities:
MoU on cooperation with the Austrian Court of Audit, on 8 of July 2013;
MoU on cooperation with Montenegro, on 12 of July 2013;
MoU on cooperation with the Office of Audit Institutions of Bosnia and Herzegovina,
on 17 of July 2013;
MoU on cooperation with Macedonia, on 27 of September 2013;
Aiming the establishment of a network of Balkan supreme audit institutions, following the
example and experience of similar networks created in Europe, such as the 4 + 2 network that
includes the four Visegrad countries (Hungary, Slovakia, Czech Republic and Poland),
Austria, Slovenia and network of countries of the Scandinavian peninsula, ALSAI has started
negotiations for the conclusion of cooperation agreements with the SAIs of Greece, Bulgaria
and Serbia.
During the reported period the main areas of training for the ALSAI staff covered three main
categories:
General trainings
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Trainings according to audit types
Required capacities and techniques in auditing
The trainings were organized mainly in-home and have been delivered by in-home trainers. A
special attention was paid to the training of 15 young auditors, which attended a special
training session of 15 days. The trainings were held at a department level from the Audit
department of Local Government and Public property administration, where attended 25-30
auditors.
During the reported period as SIGMA remains the principal support in providing external
consulence in the internal trainings, the following workshops were held:
On 16-18 of September 2013, workshop on “IT Audit”, focusing in the “Auditing of
IT systems and treasury system in the Republic of Albania”, which took place in
Tirana The workshop was attended by 21 employees;
On 11-13 of November 2013 workshop on “Auditing of donor funds”, focusing on the
projects financed by the main two donors in Albania, World Bank and EU, which
took place in Tirana. The workshop was attended by 27 auditors.
During 2013, every member of ALSAI staff has been trained for more than 20 days every
auditor has benefited 22 training days; Significant achievements resulted in the training of
new staff, where it was reached the target of 25 days / person;
32.2. Internal audit
As regard the legislative development in the field of internal audit the amendments to Law
No 9720 of 23.04.2007 “On the internal audit in the public sector”, were approved by the
internal audit committee, and were delivered to representatives of SIGMA for review.
In 31 of December 2013 as a result was concluded that, in all public institutions of central
and local level, are employed 387 internal auditors, from which, 328 internal auditors are
certified and 59 are not certified.51 During January-February 2014, the analyse of
completeness and composition of Internal Audit Units (hereinafter IAU) was realized
In the framework of external quality assessment of quality assurance in accordance with the
international standards, during 2013 the Central Harmonization Unit for Internal Audit
(hereinafter CHU/IA), has evaluated 27 Internal Audit Units, and 110 recommendations are
given to improve quality, in order to be more professional, efficient and sustainable.
As regards the quality assessment of quality assurance, for the year 2014, the CHU/IA has
planned to evaluate 12 IAU and 11 IAU regarding the implementation of given
recommendations in prior evaluating missions. During the first trimester of 2014, two
evaluation missions are organized.
Data information are provided from the consolidated annual report on internal audit activity for 2013 “Report on the
activities of internal audit in the public sector for year 2013", prepared by the CHU/IA for policies, programs, standards and
other aspects of activities of IA in the public sector
51
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During December 2013, CHU/IA prepared the consolidated strategic and annual plan of
internal audit activity for the period 2014-2018 in the public sector. During the first trimester
2014, CHU/IA prepared the consolidated annual report on internal audit activity for 2013
“Report on the activities of internal audit in the public sector for year 2013”.
Based on the Law No. 9720/2007 “On the Internal Audit in the public sector”, as amended,
during April 2014 CHU/IU is engaged in preparing the training program for year 2014. The
training is considered to be an important step in developing and maintaining high
professional standards among internal auditors employed in the public sector being in line
with good international practices.
The training program is going to be approved by the Internal Audit Committee in the middle
of April, and then will have its final approval by the Minister of Finance. The focus of this
activity will be all the internal auditors employed in the public sector. The training process is
planned to start in June 2014 and it will be spread throughout the year in order to be fully
completed by end of November 2014.
After the new organizational structure of Ministry of Finance, the CHU’s for FMC and IA are
part of the Regulating and Controlling General Directorate. The composition of each
directory is composed of one director and four specialists. The General Director of the
CHU/FMC and CHU/IA, in order to inform the management on the adequacy of the systems
in place, in terms of efficiency, economy and effectiveness, with a view to highlighting any
potential weaknesses that could jeopardize the fulfilment of the organization’s objective,
participates in regular meetings with senior Ministry of Finance management.
Financial management and control (FMC)
During September 2013- April 2014, the activity of CHU/FMC is focussed on several
directions, as the following:
Legal bases
Projects
Engagement in the development and increase of staff capacities
Activity in support of the institutions regarding the fulfilment of the self assessment
questionnaire
In the field of Financial management and control during the period September 2013- April
2014 the following sub legal acts were approved:
Document No.15900, dated 21.10.2013 on “The acknowledgement and main
responsibilities of the Ministers and General Secretaries in the process of public funds
management”;
Instruction No.29, dated 24.12.2013 “For the procedures of closure of annual
accounts of the budget for the year 2013”;
Decision of the Council of Ministers no. 50, dated. 05.02.2014 “Strategy for the
prevention and paying arrears dues action plan”;
292
Instruction No. 5, dated 27.02.2014 “For the payment of arrears dues”;
CHU/FMC in cooperation with the Supreme State Audit are involved in the review of the
trails of the audit of public procurements that is part of Order No. 33, date 11.07.2013
“Standard trails of audit for the procurement with low and high value”, that will be finalized
by the end of April 2014.
Under the request of the Ministry of Finance, the deadline of the Project the project "Support
to the Ministry of Finance for the improvement of financial management and control of
public funds" funded by SIDA is extended until September 2014, during the reported period
the below mentioned activities were realized:
On 10-11 of September 2013, was realised the Result based management I;
On 17-18 of September 2013, was realised the Road Agency Challenges;
On 20-21 of November 2013, was realised the Result based management at ARA,
step 2;
On 13 of December 2013 was held the Steering Committee. The aim of steering
committee was to present the project activities until at the end of December 2013 and
postponing the above mentioning project.
The project “Implementation of a modern system of financial management and control and
the public financial inspection in Albania”. financed by the IPA funds 2012 in cooperation
with the Ministry of Finance of Austria and France planned to start in January 2014 has been
postponed. The project would start by the end of April 2014.
As regard the administrative capacities, during February-April 2014, CHU/FMC in
cooperation with the Albanian School of Public Administration is involved in a process of
trainings, widely connected with the concepts of managerial responsibility, risk management
and trails of audit for the managers of public units.
Trainings have been carried out every month with considerable participation of public
administration employees, in average 22 participants of different managerial levels each
month.
CHU/IMC monitored the process of the preparation of the self assessment questionnaire by
all central government units, including Prime Minister Office, Parliament and some other
independent institutions.
Protection of the Euro against counterfeiting
In the field of Protection of the Euro against counterfeiting during the reporting period, the
Bank of Albania has approved the following regulations:
Decision No. 57, dated 11.09.2013 of Supervisory Council (SC) of the Bank of
Albania (BoA) approved the Regulation “On exchanging damaged Albanian coins
and banknotes” The scope of this regulation is to set out the criteria and procedures
293
for the exchange of damaged Albanian banknotes and coins and their withdrawal from
circulation;
Decision No. 58, dated 11.09.2013 of SC of the BoA approved the Regulation “On
the work related to the exchanging damaged coins and banknotes” in which are
established the internal procedures at BoA applicable during the process of
exchanging the damaged coins and banknotes. According to the regulation, the
National Analysis Centre is responsible for the technical analysis of the damaged
coins and banknotes, by verifying their authenticity and the degree of the damage;
Decision No 26 of 27.03.2014 of SC of the BoA approved some amendments to
Regulation “On organisation and functions of the Issue Department”. The
amendments to the Regulation expand the scope of functions of the National Analysis
Centre, in view of accomplishing its mission to protect the currency against
counterfeiting, approximating it to the homologous structures of European and
regional central banks.
At the National Centre of Analysis of the Bank of Albania, a laboratory for analysing the
counterfeit banknotes and coins is established. The National Centre of Analysis of the Bank
of Albania was established by Decision No. 57 of 27/07/2011 of SC of the BoA. Currently
is in the phase of installing the equipment and devices for analysing suspected euro and other
currency coins, according to technical recommendations by OLAF, so as to enhance the
technical and achieve its objective for functioning also as a Coin National Analysis Centre.
The National Centre of Analysis is negotiating a memorandum of cooperation with the
Central European Bank on issues related to the protection of euro from counterfeiting.
During the period 9-13 of September 2013, the National Centre of Analysis of BoA, in
collaboration with two experts of BundesBank have accomplished the technicaladministrative training on handling coins and banknotes suspected as counterfeit, including
recommendations on the practices and methodologies used for this purpose.
During 25-27 of February 2014, BoA representatives participated at the technical/tactical
workshop “Strengthening the protection of the euro in Romania and SEE” Bucharest,
Romania, organised by OLAF.
During 31 March– 04 of April 2014, a study visit was organised at the National Analysis
Centre of the Deutche BundesBank with the aim to enhance administrative and professional
capacities;
In the capacity of the authority responsible for protecting the currency against counterfeiting,
National Analysis Centre of the Bank of Albania will participate in the XI Conference of
South East Europe on institutional cooperation in the fight against currency counterfeiting,
which will be organised by the European Commission/OLAF in cooperation with the Central
Bank of Montenegro, during 19-23 May, in Budva, Montenegro.
294
Conclusion
In March 2014, Albania’s Parliament Commissions started the discussions on ALSAI’s law
draft amendments. ALSAI has published 11 publications, by making public and transparent
all of its activity. The National Centre of Analysis of the Bank of Albania was established by
Decision No. 57 of 27/07/2011 of SC of the BoA. Currently is in the phase of installing the
equipment and devices for analysing suspected euro and other currency coins, according to
technical recommendations by OLAF.
295
CHAPTER 33: FINANCIAL AND BUDGETARY PROVISIONS
Key achievements
During the reporting period several legal initiatives were undertaken concerning tax policy,
customs and tax procedures. Pursuant to Decision No. 36, dated 29.1.2014 “On approval of
the Public Expenditure Management Calendar”, the approval of the Medium-Term Budget
Program 2015-2017 is foreseen in June 2014.
Customs
During the reporting period the following legislation was adopted:
Law No. 170/2013, dated 14.11.2013 “On adoption of assistance agreement for customs
service between the Council of Ministers of the Republic of Albania and “Crown Agent
Limited”, which provides a legal basis for assistance to customs administration according
to EU standards and best regional practises;
Decision of Council of Ministers (DCM) No. 1067, dated 14.12.2013 “On approval and
the official publication of the Combined Nomenclature of Goods 2014” and DCM No.
1100, dated 27.12.2013 “On an amendment of DCM No. 1067, dated 14.12.2013 “On
approval and the official publication of the Combined Nomenclature of Goods 2014”.
The Combined Nomenclature of Goods 2014 is in compliance with SAA and based on
EU CN 2014 and EU Regulations, such as Commission Implementing Regulation (EU)
No. 1001/2013, dated 04.10.2013 amending Annex I to Council Regulation (EEC)
No. 2658/87 on the tariff and statistical nomenclature and on the Common Customs
Tariff, and Council Regulation (EU) No 1326/2013, dated 9.12.2013 amending Annex I
to Regulation (EEC) No. 2658/87 on the tariff and statistical nomenclature and on the
Common Customs Tariff.
DCM No. 9, dated 15.01.2014 “On regulating certain issues in implementation of Law
No. 170/2013, dated 14.11.2013 “On adoption of assistance agreement for customs
service between the Council of Ministers of the Republic of Albania and the “Crown
Agent Limited”.
For further, more detailed information, please refer to Chapter 29 “Customs Union”.
Taxation
In the field of taxation, the Fiscal package for 2014 was drafted and approved by Law No.
182/2013, dated 28.12.2013 “On some amendments and changes to the Law No. 7928, dated
27.04.1995, “On VAT”, as amended, along with the Budget law for 2014. The set of legislative
changes involved the principal and most important taxes in the Albanian tax system.
According to Law 180/2013, dated 28.12.2013 “On some amendments in Law 61/2012 “For
Excises in the Republic of Albania”, as amended, excise duties on cigarettes increased as
follows:
296
o ALL 4500/1000 pieces, starting on 1.01.2014;
o ALL 5500 /1000 pieces, starting on 1.01.2015;
o ALL 5500/1000 pieces, starting on 1.01.2016;
o ALL 6000 /1000 pieces, starting on 1.01.2017.
According to the Council Directives 92/83/EEC and 92/84/EEC, the minimum level of
cigarette excise tax should be at least 57% of the retail price. This ratio was at the level of
34% before January 2014, when the new fiscal package entered into force (1.01.2014). With
the new fiscal package it is expected to be at a level of 57% as foreseen by the respective
Directives. The change also addresses the requests of the economic operators to have a legal
calendar of the excise tax increases. Submission of a schedule for the excise duties for 4 years
is a new feature of the tax policy concerning excise.
Increase of excise duty on curly tobacco to ALL 3000 / kg from ALL 1500 / kg and
an annually increase of ALL 700 per kilo for the next three years. Consumption for
this product has shown a growing trend, imported as well as domestic production.
Increase of excise duties on alcoholic beverages (except for beer) for sparkling wine,
champagne, fermented beverages and carbonated (W300), and intermediate alcoholic
beverages (code I000) to ALL 5200/HL from the past level of ALL 2600/HL.
Change in the structure and level of excise duties for beer for further alignment to the
acquis. According to the change, taxation of beer is as follows:
-
From local and foreign quantities less than 200,000 HL per year, ALL 360 / HL
/ alcohol degrees.
-
From local and foreign quantities greater than 200,000 HL per year, ALL 710 /
HL / degrees alcohol.
According to Law 177/2013, dated 28.12.2013 “On some amendments to Law 8438, dated
28.12.1998, “The income tax”, as amended, the Personal Income Tax (PIT), from 1.01.2014
is a progressive tax on wages and salaries, with the tax rate as follows:
Taxable income
(ALL / month )
From
Up to ( including )
0
30,000
30.001 130,000
130.001 More than 130,001
Percentage
zero percent
+ 13 percent of the amount over ALL 30,000
+ 23 percent of the amount over ALL 130,000
This structure makes PIT on wages in Albania a progressive tax, thus replacing the flat tax
system in force until the end of 2013. The policy consists of three main pillars:
Unchanged taxation system for the employees with salary up to ALL 30
thousand/month; they remain exempt from personal income tax;
Salary of ALL 30 thousand / month serves as the first threshold of progressive tax;
297
The second threshold in the formula is presented in the monthly salary of ALL 130
thousand/month. In Albania only 3% of the total employees claim salary over 130
thousand / month.
Concerning tax profit, from 1.01.2014 tax profit in Albania is 15%. This is considered to be
consistent with the progressivity of the system.
For further, more detailed information, please refer to Chapter 16 “Taxation”.
Budgetary Provisions
In September 2013, the draft of the Normative Act “For some amendments and addenda to
the Law No. 119/2012 “On the State Budget for year 2013” was sent by the General Budget
Department to the Council of Ministers. It was approved as the Normative Act No. 6, dated
04.10. 2013.
In November 2013, the draft of the Normative Act “For some amendments to the Law No.
119/2012 “On the State Budget for year 2013” was sent by the General Budget Department to
the Council of Ministers. It was approved as the Normative Act No.7 dated 14.12.2013.
In November 2013, the draft Law “On the state budget for year 2014” was sent for approval
by the General Budget Department to the Council of Ministers. It was approved as Council of
Ministers Decision (DCM) No.1053, dated 14.12.2013 “On the approval of the draft of the
Annual Budget Law for 2014”. Being followed by the Parliament’s final approval of the Law
No. 185, dated 28.12.2014 “On the State Budget for year 2014”.
In January 2014, the draft of the “Public Expenditures Calendar for 2014” was sent by the
General Budget Department to the Council of Ministers. It was approved by DCM No. 36,
dated 29.01.2014.
In February 2014, the draft of the “Preparatory Expenditure Ceilings for Medium Term
Budget Program 2014-2017” was sent by the General Budget Department to the Council of
Ministers. It was approved by DCM No. 110, dated 27.02.2014.
In February 2014, the General Budget Department issued the Annual Supplementary
Instruction No. 3, dated 17.01.2014 “On the budget implementation for year 2014”.
In February 2014, the General Budget Department issued the Annual Instruction No.7, dated
28.02.2014 “On the preparation of the MTBP for 2015-2017”.
In February 2014, the General Budget Department issued the Annual Instruction No.7/1 dated
28.02.2014 “On the local budget preparation”.
298
In February 2014, the draft of the Strategy “For arrears’ prevention and settlement” was sent
by the Special Unit for Arrears’ Administration and Monitoring/General Budget Department
to the Council of Ministers. It was approved by the DCM No. 50, dated 5.2.2014.
In March 2014, the General Budget Department issued the Instruction No. 8, dated
07.03.2014 “On setting and implementing the Commitment Limits, for 2014”, with the aim to
discipline the multi-year spending commitments and avoiding the arrears.
299
ANNEX I.1: THE ADMINISTRATIVE-TERRITORIAL REFORM
Parliament of Albania, by decision no.1/2014 decided the establishment of an Ad Hoc
Committee on the Administrative-Territorial Reform in the Republic of Albania (hereinafter
the Committee).
The objective of the Committee is to define the criteria for the new administrative-territorial
division in the Republic of Albania, to draft the calendar for the implementation of the
administrative-territorial reform and to prepare the project on the new administrativeterritorial division in the Republic of Albania. The Committee held its first meeting on 7
February 2014. The representatives of the opposition were not present in this meeting.
The Committee is established on the basis of equality between the majority and the
opposition. The Committee is composed of 16 members, 8 representatives of the majority (6
from the SP and two from the SMI) and 8 representatives of the opposition (6 from the DP, 1
from the RP and 1 from the PJIU). The Committee will be chaired by two co- chairs, one
from the majority (SP) and one from the opposition (DP). The decision making of the
Committee will seek to reach consensus on all proposals received. The decisions of the
committee will be considered approved by a majority vote of all members of the committee,
based on the consensus reached between the majority and the opposition. The Committee will
exercise its activity within a three month period (from 24.01.2014 to 24.04.2014).
The Committee, during its activity, will hold consultations and discussion sessions with the
Minister of State for Local Government; with representatives of local governance and elected
local associations; experts in this field; representatives of the civil society and representatives
of international organizations, covering local governance issues; any other parliamentary
party, which is not involved in this committee, has the right to make proposals. The
Committee will be assisted by a group of experts.
EU Delegation, Council of Europe, the OSCE Presence in Albania, Local Governance
Program (PLGP / USAID) and the representatives of other international organizations, with
expertise and experience in local government issues are invited to attend and give their
assistance and expertise in the proceedings of the committee.
300
ANNEX I.2: DISCIPLINARY PROCEEDINGS IN THE JUDICIARY
Reports send by
No.
Judges
Court
Reports send by the
the HCJ for
HCJ for initiation of
initiation of
disciplinary
disciplinary
proceedings against
proceedings
judges January –
against judges
August 2013
September
2013 – 16 April
Requests for
Review and
disciplinary
decision taken by
proceedings
the HCJ over the
send by the MoJ
requests of the
to the HCJ
Minister of Justice
September 2013
September 2013 –
– 16 April 2014
16 April 2014
2014
Reg no. 3993/2,
Judicial
1
District
A.Ç.
Court
2 reports
3 reports
Shkoder
2
A.Y.
Court
2 reports
1 report
K.A.
Court
1 report
1 report
I.P.
Court
1 report
date 31.01.2014
Unprocessed
2 reports
06.02.2014
Unprocessed
(1 report)
Reg no. 1105,
dated
District
Court
Unprocessed
dated
Judicial
B.M.
12.03.2014.
Reg no. 948,
Elbasan
5
duty”
( 2 reports)
Judicial
4
(3 reports)
Reg no.4976/4,
Tirane
District
“Dismissed from
(1 report)
Judicial
3
09.01.2014
dated
Shkoder
District
15.04.2014
Reg no. 19042,
Judicial
District
dated
1 report
3 reports
12.02.2014
Unprocessed
(3 reports)
Elbasan
Judicial
6
District
Sh.P.
Court
-
1 report
-
-
Durrës
Reg no.114/3,
Judicial
7
I.H.
dated
District
Court
-
1 MoJ Inspection
Tiranë
03.12.2013
(for the MoJ
inspection)
301
Unprocessed
Reg no. 5935,
dated
8
Ë. T.
Gjykata e
06.12.2013
Rrethit
(included even
Gjyqësor
Krujë
1 report +1 MoJ
-
Inspection
in the MoJ
inspection
report)
9
N.P.
Gjykata e
Reg no. 5952,
Rrethit
dated
Gjyqësor
-
1 report
06.12.2013
Krujë
Gjyqësor
warning for
dismissal from
duty”
15.04.2014
“Reprimand with
warning for
dismissal from
15.04.2014
Rrethit
E.H.
“Reprimand with
duty”
Gjykata e
10
15.04.2014
-
1 report
Krujë
Reg no. 5951,
“Reprimand with
dated
warning for
06.12.2013
dismissal from
duty”
Judicial
11
District
E.M.
Court
-
1 report
-
Korçë
Reg no.949,
Judicial
12
H.Ç.
District
Court Vlorë
dated
-
4 reports
M.K.
District
Court
Unprocessed
(4 reports)
Judicial
13
06.02.2014
Reg no. 5950,
-
1 report
dated
06.12.2013
Unprocessed
Korçë
Reg no.1081,
Judicial
14
A.Z.
District
-
1 report
Court Fier
dated
11.02.2014
Unprocessed
Judicial
15
N.C.
District
1 report
Court
Tiranë
Reg no. 302,
Judicial
16
E.Gj.
District
Court
Tiranë
3 reports + 1
3 reports
inspection of MoJ
302
dated
15.04.2014
15.01.2014
“Transfer to a
(including the
lower level court
MoJ inspection)
for a period of two
(4 reports)
years”
Judicial
17
E.P.
District
Court
-
2 reports
-
-
-
1 report
-
-
-
1 report
-
-
-
1 report
-
-
-
1 report
-
-
-
1 report
-
-
-
-
-
-
Sarandë
Judicial
18
B.Q.
District
Court
Kurbin
Judicial
19
Sh.C.
District
Court Berat
First
Instance
20
A.J.
Administrat
ive Court
Shkodër
Judicial
21
P.F.
District
Court
Elbasan
Judicial
22
B.K.
District
Court
Tiranë
Judicial
23
Sh.Ll.
District
-
Court Pukë
24
Judicial
P.Gj.
District
Court
MoJ&HCJ joint
inspection
1 report
-
Përmet
HCJ has taken the
24 judges for
45 reports (1
judge for the
MoJ
19 reports for 13
-
judges (1 MoJ
inspection)
25 reports for
17 judges
inspection)
Request sent for
decision for 5
13 judges which
judges
are included in
24 reports (1
HCJ processing
MoJ inspection)
for 8 judges is
expected
303
ANNEX I.3: CONTINUOUS TRAININGS OF JUDGES AND PROSECUTORS
ORGANIZED BY THE SCHOOL OF MAGISTRATES
2
OCTO
BER
9 Oct
2013
3
14 Oct
2013
4
16 Oct
2013
5
18 Oct
2013
6
21 Oct
2013
7
23 Oct
2013
8
1
0
24 Oct
2013
25 Oct
2013
28 Oct
2013
1
1
29 Oct
2013
9
1
2
1
3
NOVE
MBER
14-15
Nov
2013
18-19
Nov
2013
IOM/S
oM
Assist
Impact/
SoM
Assist
Impact/
SoM
Assist
Impact/
SoM
Assist
Impact/
SoM
Assist
Impact/
SoM
TLAS
Access of victims in the criminal process. Compensation of victims of
trafficking. State Scheme for compensation and rehabilitation of
trafficking victims.
Bankruptcy
Bankruptcy
Bankruptcy
Bankruptcy
Bankruptcy
Larger access for people in need of realization of their rights in court
TLAS
Larger access for people in need of realization of their rights in court
QSHPL
I/ Save
the
Childre
n
QSHPL
I/ Save
the
Childre
n
Standard norms of treatment of juveniles in the justice system and
amicable techniques of interviewing and children’s rights in conflict with
law, victims or witnesses.
IRZ/So
M
Transparency in a court process. Meaning and importance of transparency
in criminal, civil and administrative processes.
EBRD
Law on commercial companies.
Standard norms of treatment of juveniles in the justice system and
amicable techniques of interviewing and children’s rights in conflict with
law, victims or witnesses.
304
1
4
1
5
1
6
1
7
1
8
1
9
2
0
2
1
2
2
2
3
2
4
2
5
2
6
2
7
2
8
2
9
3
20-21
Nov
2013
21 Nov
2013
22 Nov
2013
25 Nov
2013
26 Nov
2013
27 Nov
2013
DECE
MBER
2-3 Dec
2013
4 Dec
2013
5 Dec
2013
6 Dec
2013
9-10
Dec
2013
10-11
Dec
2013
10-11
Dec
2013
16-17
Dec
2013
17-18
Dec
2013
18-19
Dec
2013
23 Dec
EBRD
Law on commercial companies.
OSCE
Implementation of the Administrative Justice System in Albania.
OSCE
Implementation of the Administrative Justice System in Albania.
EBRD
Implementation of arbitration decisions in commercial field.
EBRD
Implementation of arbitration decisions in commercial field.
EBRD
Insolvency
EBRD
Law on commercial companies.
EBRD
Concessions.
EBRD
Concessions.
EBRD
Insolvency.
EBRD
Legal interpretation, legal reasoning and writing of decisions in
commercial cases.
HannsSeidel
Founda
tion/So
M
OPDA
T
Trial in absence in viewpoint of a due legal process. ECHR jurisprudence
and influence on the Albanian jurisprudence.
EBRD
Legal interpretation, legal reasoning and writing of decisions in
commercial cases.
HannsSeidel
Founda
tion
EBRD
Jurisprudence of ECHR in cases against Albania in criminal field.
Application in court practice.
Hanns-
Trial of administrative lawsuit in framework of law no.49/2012, as a
Writing of court decisions.
Legal interpretation, legal reasoning and writing of decisions in
commercial cases.
305
0
2013
3
1
24 Dec
2013
3
7
JANUA
RY
14-15
Jan
2014
16-17
Jan
2014
24 Jan
2014
27-28
Jan
2014
29-30
Jan
2014
FEBRU
ARY
6-7 Feb
2014
3
8
8 Feb
2014
3
9
8 Feb
2014
4
0
10-11
Feb
2014
4
1
12-13
Feb
3
2
3
3
3
4
3
5
3
6
Seidel
Founda
tion/So
M
HannsSeidel
Founda
tion/So
M
special trial. Applicable legal rules during trial.
Administrative court decision as an executive title and duties of the
Administrative Court during its execution. Applicable legal rules during
trial.
Means of searching the evidence. Their application.
Family cases with foreign elements. Domestic and foreign legal
framework and the conventional standards of Hague convention.
Antitrust. The Albanian and European experience.
Evidence collected contrary to law. Invalidity of procedural acts.
Problems of invalidity of acts. Jurisprudence High Court and ECHR.
IRZ
European Convention on Human Rights
Role of prosecutor in taking decisions for not starting the criminal
process, suspension of investigations and case dismissal. Guaranteeing a
fair legal process. Court practice and High Court jurisprudence.
Amendments of Criminal Code [by law no.23/2012 and law no.
144/2013]:
Crimes against state authority.
Criminal offenses of trafficking of human beings and against property and
economic sphere.
Amendments of Criminal Code [by law no.23/2012 and law no.
144/2013]:
Offenses against the persons, crimes against life.
Criminal offenses affecting free elections and the democratic system of
elections.
Principle of the highest interest of the child and its application in court
practice. Conventional and international standards. Role of parents. Role
of psychological evaluation. Etc. ECHR court practice. Problems of
Albanian court practice.
Contracts of insurance of property and life. Obligatory and voluntary
insurance. Manner and criteria of indemnity stemming from insurance
306
2014
contracts.
4
2
15 Feb
2014
4
3
15 Feb
2014
4
4
4
5
17-18
Feb
2014
22 Feb
2014
4
6
22 Feb
2014
4
7
4
8
27-28
Feb
2014
MARC
H
1 March
2014
Amendments of Criminal Code [by law no.23/2012 and law no.
144/2013]:
Crimes against state authority.
Criminal offenses of trafficking of human beings and against property and
economic sphere.
Amendments of Criminal Code [by law no.23/2012 and law no.
144/2013]:
Offenses against the persons, crimes against life.
Criminal offenses affecting free elections and the democratic system of
elections.
“Standard of due legal process acc. to the constitutional and conventional
doctrine. Regular process: substantial and procedural processes. High
Court and Constitutional Court jurisprudence.
Amendments of Criminal Code [by law no.23/2012 and law no.
144/2013]:
Offenses against the persons, crimes against life.
Criminal offenses affecting free elections and the democratic system of
elections.
Amendments of Criminal Code [by law no.23/2012 and law no.
144/2013]:
Crimes against state authority.
Criminal offenses of trafficking of human beings and against property and
economic sphere.
Evidence and its types. Clues and evaluation criteria. Scientific proof.
Jurisprudence of High court. Development of science in criminal process
in viewpoint of scientific proof.
4
9
1 March
2014
5
0
3-4
March
2014
Amendments of Criminal Code [by law no.23/2012 and law no.
144/2013]:
Crimes against state authority.
Criminal offenses of trafficking of human beings and against property and
economic sphere.
Amendments of Criminal Code [by law no.23/2012 and law no.
144/2013]:
Offenses against the persons, crimes against life.
Criminal offenses affecting free elections and the democratic system of
elections.
Criminal Offense of “laundering of products of criminal offense or
criminal activity”. Problems seen during the phase of investigation and
trial. Money laundering and procedural aspects. International legislation
and standards. Warsaw convention ratified by Albania.
Money laundering and financing of terrorism (art. 287, 287/b and 230 of
Criminal Code) Investigation of Financial crimes. Confiscation. High
307
Court practice.
5
1
5
2
5-6
March
2014
19-20
March
2014
Slynn
Founda
tion/Bri
tish
Embass
y
5
3
20-21
March
2014
5
4
21
March
2014
24-25
March
2014
25
March
2014
IOM/S
oM
26-27
March
2014
26-27
March
2014
Slynn
Founda
tion
5
5
5
6
5
7
5
8
5
9
6
27-28
march
2014
27-28
GiZ
Jurisdiction of Albanian courts in cases with foreign elements. Albanian
legislation and conventions in the field of private international law and
their interpretation.
EU law and practice.
Knowledge and guarantees of right of defense by lawyer in the criminal
process. Observation of court procedures according to terms provided for
by law. Security of appearance of witnesses in court and state officials,
(e.g. judicial police officers).
Issues related to the procedure of trial of the request for securing the
testimony. Notification of request for trial to the defendant and its
defender, etc.
Access of victims in the criminal process. Compensation of victims of
trafficking. State Scheme for compensation and rehabilitation of
trafficking victims, etc.
European legal instruments for cross-border cooperation in cases of
organized crime and corruption. (legal cooperation in criminal cases).
Economic analysis of civil law/ law and economy. State, right of private
property and market economy. Law as a means of increasing economic
efficiency.
Property in viewpoint of economic analysis.
Damages/liability of products, etc. Contracts in viewpoint of economic
analysis.
The economic analysis of crimes. Organized crime and economic analysis.
Economic analysis of corruption in judicial system.
Court process and decision making, obligation to obey the law and
economic theories of justice. Principles of neutral value of lawmaking.
European convention on Human Rights [articles 8, 9, 11, 12, 13 and 14].
Right of property. Albanian legislation and ECHR jurisprudence.
Combination of legislation on restitution of property with legalization and
urbanization of illegal constructions. Registration of immovable properties
related to law on registration of immovable properties and judicial
conflicts.
Case management on criminal aspect. Crime scene management. Risk
management. Etc.
Dutch
Training of Trafficking of Human Beings.
308
0
march
2014
6
1
29
march
2014
6
2
29
march
2014
Helsink
i
Commi
ttee
Amendments of Criminal Code [by law no.23/2012 and law no.
144/2013]:
Crimes against state authority.
Criminal offenses of trafficking of human beings and against property and
economic sphere.
Amendments of Criminal Code [by law no.23/2012 and law no.
144/2013]:
Offenses against the persons, crimes against life.
Criminal offenses affecting free elections and the democratic system of
elections.
APRIL
6
3
3 April
2014
6
4
5 April
2014
6
5
5 April
2014
Albania
n
Group
for
Human
Rights
Law on discrimination.
Amendments of Criminal Code [by law no.23/2012 and law no.
144/2013]:
Crimes against state authority.
Criminal offenses of trafficking of human beings and against property and
economic sphere.
Amendments of Criminal Code [by law no.23/2012 and law no.
144/2013]:
Offenses against the persons, crimes against life.
Criminal offenses affecting free elections and the democratic system of
elections.
309
ANNEX I.4: STRUCTURAL AND FUNCTIONAL CHANGES OF THE FORMERDIACA AND ALSO INFORMATION ABOUT THE CORRUPTION CASES IN THE
PUBLIC ADMINISTRATION
Structural and functional changes of former-DIACA
Former-DIACA (now named as the Unit on Internal Control and Anti-Corruption) has been
restructured, currently it is not under direct subordination of the Prime Minister but it is part
of one of two main general directorates at the PM Office, the so-called General Directorate of
Legal Issues, Monitoring of Programmes and Anti-corruption. The latter is composed of three
units, one of which is DIACA. Given the fact that the National Coordinator on Anticorruption is assigned the role of policy making and coordination at the national level, the
role of DIACA now focuses only in internal administrative control, a function that is
exercised among all state institutions and respective subordinating agencies.
Furthermore, the Minister of State on Local Issues, being a Minister without portfolio does
not have supporting structures. In this specific case, 3 coordinators from DIACA work with
the NCAC and serve as NCAC Secretariat.
The composition of DIACA has not changed; it is composed of 8 inspectors (the officials
dealing with internal administrative control are referred as inspectors, the ones dealing with
AC policies as coordinators) and one director. The Director and 5 inspectors carry out
administrative control tasks. One of these inspectors partly deals with anti-corruption policy
coordination, together with 1 coordinator that is solely assigned to carry out coordination
duties with NCAC. The remaining vacant position, planned to be completed by July 2014
(once there will be new openings within the public administration) will also deal with anticorruption policy coordination.
Administrative investigations
The Unit on Internal control and Anti-Corruption by the Council of Ministers has received 69
complaints during the period from December to March 2014. They were all treated by
employees / inspectors of the unit.
After a preliminary treatment of complaints or denunciations, some of them were archived,
because the unit was not competent to address them (i.e. issues were outside its competences)
and for a portion replies were sent to the citizens by providing solutions.
9 Audits (administrative investigations) were conducted by the unit, out of which 2
are still ongoing.
During this period, a criminal charge was sent to the Prosecution of Kavaja.
1. The administrative investigations program approved by the Prime Minister is as follows:
• Central Office of Registration of Immovable Property : The object of this investigation was
310
the implementation of the legal procedures of the procurement process developed with the
object: "Service of communication lines dedicated for the ALBSReB system ";
• The Commission of Property Assessment Titles and the Local Office of Registration of
Immovable Property of Kavaja, regarding the procedures followed for the provision of the
Land Acquisition Act of Ownership ( AMTPs) and their records at the Local office of
Registration of Immovable Property in Commune Gose, Kavaja for the villagers’ families of
Vile - Bashtova and Kryevidh;
• The Albanian Power Corporation and TEC in Vlora , on the implementation of legal and
administrative procedures in the tender subject " Buying diesel "
• The General Directorate of Prisons , Tirana , on the implementation of legal and
administrative procedures in the tender with the subject " Buying fresh food "
2. After a preliminary treatment of complaints or denunciations, the material has been
delivered:
• to the Ministry of Justice and the High Council of Justice, on the complaint of A.Sh.
regarding the privatization of the former building of NPV Durres
• to the Ministry of Economic Development, Trade and Entrepreneurship on the complaint of
B. M. on the privatization of the former building of the ex-Prosecution office of Vlora,
housing funds.
• To ALUIIZ on the complaint of E.K.
• To the General Directorate of Water Supply and Sanitation on the appeal of N.K. on
procurement procedures followed by GDWSS.
3. Criminal charges have been filed at Kavaja Judicial District Prosecutor on abuses found
during inspection of the unit by the Commission of Property Assessment Titles and the Local
Office of Registration of Immovable Property.
4. DIACA has also been cooperating with the State Police structures on reporting to the
prosecution regarding corrupt and abusive practices in:
• Regional Directorate of Road Transport Services Tirana for embezzlement of cash for
themselves or for third parties;
• The Educational system for illegal seizing of school documents;
• For the illegality of trading timber in the Korca district;
• On employees’ corruptive registrations that have taken place by the office of real estate in
Tirana regarding the procedures followed by them in violation to the law.
Corruption Cases in the Public Administration
Corruption in the public sector and the monitoring of its trends is one of the main aspects of
work of the National Coordinator Against Corruption. Accordingly, given that there is
currently no other means or registry allowing the government to analyze and keep track of all
corruption-related offenses being sent to the Prosecutor’s office from the executive branch,
311
the National Coordinator Against Corruption has compiled a database of all cases sent by
institutions of the executive branch to the Prosecutor’s Office.
The data refers to the period of end September 2013 to end-February 2014, and has been
categorized in two different ways: first, corruption cases52 having been sent to the
Prosecution Office through the initiative of institutions of the executive branch, and second,
cases of administrative measures taken by institutions regarding actions that are related to
corruption offences such as breaches of ethical standards, breaches indicated by internal
audits sections etc. The latter breaches have been considered significant to be reported, since
they provide insight into the procedural standards and the relevant breaches at institutions,
which, although not categorized as corruption offences, provide information on the controls
and audits conducted and the administrative measures taken to combat corruption.
Corruption Offences
The total number of people against whom corruption offences have been registered at the
prosecutor’s office53 from the public administration is 23754. This number includes not only
civil servants, but all employees, irrelevant of contract kinds and terms, that work for public
institutions.
From the initial analysis of data, and based on the relevant definitions decided upon55, it can
be seen that there were 14 persons from High-level positions against whom procedures were
initiated by institutions, of whom one was against a minister, an advisor to the Minister as
well as Secretary Generals and local elected representatives, 27 from the middle management
positions, while cases against 83 persons are related to the local government. Of local
governance cases, most were initiated by the Ministry of Social Welfare and Youth as a result
of the mismanagement of funds related to social pensions and benefits. An important number
of cases exists also with relevance to police corruption, where the Internal Control Service
has brought charges against 57 persons, who represent both middle management and high
level posts. Further elaboration of data is expected once all statistics from all relevant
ministries have been gathered.
52
The types of offences under which reportings were made refer to offences of corruption as those have been
defined by the Working Group on Statistics of the Ministry of Justice.
53 Data still in process of being gathered from the Ministries of Transport, Energy and Industry and
Environment.
54
Relevant data and a complete list of the initials of the persons along with the relevant offenses can be
provided upon request.
55
High Level Officials refer to General Directors, Secretary Generals, Ministers, Vice-Ministers, Advisors to
the Ministers and elected representatives; Middle Management refers to Directors of Departments; Low
management refers to Heads of Units; Executive staff refers to specialists; and local level staff refers to local
government officials.
312
Level of Officials
High Level
6%
Not Available
4%
Middle
Management
12%
Local
35%
Executive
26%
Low Management
17%
Administrative Measures
Administrative measures refer to ethical breaches, as those have been determined by the
institutions, administrative breaches indicated and recommended to be rectified by the
internal audit sectors as well as the Supreme State Audit.56 Currently, there are 252 cases of
administrative breaches reported to the NCAC. Of those, the highest percentage (204 cases or
81%) refers to executive staff, such as specialists, inspectors, professional staff (doctors,
veterinaries, etc.), while there are only 3 measures taken against High Level officials
(General directors), who have now been removed from their positions and fined.
56 Data provided are still not complete as further data is expected to be added by several Ministries.
313
ANNEX III.1.1: FREE MOVEMENT OF CULTURAL GOODS
Ref.
Measure
Responsible Deadline
Nr.
4.1.1.1. Progress
in
meeting
and DPS
Until end
completion of the dossier to CEN
of 2014
& CENELEC membership criteria
Review of existing internal DPS
regulations
and
procedurës
according CEN&CENELEC and
ETSI
Adoption of 1100 European and DPS
international
standards
as
Albanian ones (SSH)
Promotion event with economic DPS
operators
Sale of 1200 standards
DPS
4.1.2.7
4.1.4
Approval of Minister’s Order “On
standard operating procedures for
market inspectors”
Approval of technical regulation
“On textile fibre names and
related labelling and marking of
the fibre composition of textile
products”
The approval of Council of
Ministers Decision “On energy
labelling of air conditioners”
Law “On cultural heritage”,
MEDTE
Comment, cross
reference
DPS has to meet 9
criteria.
Each
criterion must be
demonstrated
in
practice and in
paper
document
according
to
CEN&CENELEC
Guide 20.
Until end DPS has 9 internal
of 2014
regulations
approved
by
Managing Board
which must be
updated and in line
with
CEN,
CENELEC
and
ETSI
internal
regulations.
Until end
of 2014
Until end
of 2014
Until end
of 2014
end
of
2014
MEDTE
End
2014
of
MEDTE
End
2014
of
Ministry of June 2014
Culture
314
ANNEX III.7.1: APPROXIMATION OF THE DRAFT LAW ON COPYRIGHT AND
OTHER RELATED RIGHTS
The draft law “On copyright and related rights” approximates Albanian legislation with the
following EU Directives:
1. Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain
rules concerning copyright and rights related to copyright applicable to satellite
broadcasting and cable retransmission, OJ L 248, 6.10.1993 p. 15-21)
2. Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996
on the legal protection of databases, OJ L 77, 27.3.1996 p. 20-28)
3. Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001
on the harmonization of certain aspects of copyright and related rights in the
information society, (OJ L 167, 22.6.2001 p. 10-189)
4. Directive 2001/84/EC of the European Parliament and of the Council of 27 September
2001 on the resale right for the benefit of the author of an original work of art, (OJ L
272, 13.10.2001 p. 32-36)
5. Directive 2004/48/EC of the European Parliament and of the Council of 29 April
2004 on the enforcement of intellectual property rights (OJ L 195, 2.6.2004 p. 16-25)
6. Directive 2006/115/EC of the European Parliament and of the Council of
12 December 2006 on rental right and lending right and on certain rights related
to copyright in the field of intellectual property (codified version) (OJ L 372,
27.12.2006 p. 28-35)
7. Directive 2006/116/EC of the European Parliament and of the Council of
12 December 2006 on the term of protection of copyright and certain related rights
(codified version), OJ L 372, 27.12.2006 p. 12-18)
8. Directive 2009/24/EC of the European Parliament and of the Council of 23 April
2009 on the legal protection of computer programs, (OJ L 111, 5.5.2009 p. 16--22)
9. Directive 2014/26/EU of the European Parliament and of the Council of 26 February
2014 on collective management of copyright and related rights and multi-territorial
licensing of rights in musical works for online use in the internal market.
315
ANNEX III.8.1: ADDITIONAL INFORMATION ON COMPETITION
Mobile telephony market
The Albanian Competition Authority has addressed two complaints on the retail mobile
market respectively from the undertaking: “Albanian Mobile Communication” Sh.a and “Plus
Communication “Sh.a. The complainants pretend that “Vodafone “Sh.a has abused with its
dominant position in the market through tariff plans (Vodafone Club and Vodafone Card).
The Competition Commission has decided to open a preliminary investigation procedure in
the prepaid retail mobile market. During this investigative procedure, the Secretariat of the
Albanian Competition Authority has requested the necessary data from the
Telecommunications and Postal Regulatory Body and from the undertakings that operate in
this market. Necessary inspections were conducted at the premises of the undertakings that
operate in this market, taking into account the facts and documents related to the object and
the purpose of the investigation.
Following the procedures an in-depth investigation is opened. The investigation report is sent
to the party under investigation, which has presented its arguments on the findings of the
report in writing at the hearing held on 10 December 2013. After hearing the parties, the
Competition Commission in its Decision no. 303, of 16.01.2014 "On the closure of the indepth investigation in the mobile market retail" toward Vodafone Sh.a” recommends to the
Authority of Electronic and Postal Communications as follows:
The Albanian Competition Authority argues that "Vodafone" Sh.a during the period under
investigation holds a dominant position in the retail mobile market. From the analysis of the
behaviour of the undertaking under investigation, it is shown that the strategy followed by
Vodafone Sh.a causes concern for competition in the relevant market and has negative effects
on competition in long term against smaller competitors by implementing the differentiating
strategy of the on-net/off-net tariffs. This price differentiation can be used as a mechanism of
the market closure by the bigger operators toward smaller operators who risk exiting from the
relevant market. This is a concern about the well functioning of the market. The undertaking
under investigation notified the Albanian Competition Authority, before the decision making
process, that about it has started the process of achieving equal tariffs on net and off net.(on
net vs. of net). At the end of the investigation procedures and after hearing the company in
the hearing session, the Albanian Competition Commission did not find infringements of the
law from the behaviour of “Vodafone Albania” sh.a regarding the abuse of dominant
position, but ACA recommended that the Regulatory Body undertake the intermediate and
immediate measures for resetting the market in the conditions of free and effective
competition.
Consequently, the Competition Commission has given the following recommendations to the
Authority of Electronic and Postal Communications:
1) Interim and immediate measures, to make effective the choices of market regulation
and prevent exits from the market that may cause long-term effects on competition,
and in particular: (i) Modification of the BULRAIC model, significantly reducing the
cost of termination for smaller operators to bigger operators in this market, in order to
promote fair and effective competition in the relevant market, (ii) To reduce the tariff
difference inside and outside off-net/on-net packages and specific tariff plans for
operators having a dominant position.
316
2) Complete the analysis in the retail market for mobile telephony to address the
solutions regarding the concerns of competition in the retail mobile market, taking
regulatory measures to reduce the obvious differentiation of tariffs for off-net/on-net
tariffs, of the Vodafone operator.
3) Monitor the implementation of public obligation of Vodafone Albania to reconcile the
tariffs within and outside Vodafone club network (to fix telephony, AMC, Eagle and
Plus) and in particular, to demonstrate the real reduction of this difference not only in
nominal tariffs (off - net, on -net), but also in the units involved in optional packages
of national communications (offers and weekly, monthly and annual packages).
The Albanian Competition Authority Secretariat also decided that it will continue monitoring
this market.
The import, manufacture and wholesale market of fuel
The Secretariat of the Albanian Competition Authority, has conducted a monitoring process
in the fuel market. The purpose of this monitoring process has been the identification of
changes in the market structure of fuel, 10 ppm diesel and gasoline prices as well as the
market performance, to verify if there are signs of restriction of competition as a result of
possible coordinated behaviour in the market, and / or abuse of dominant position (in case of
existence) of one or several (collective dominance) active undertakings in the relevant
market. The increase of market concentration, the same trend of the Diesel and Gasoline sale
price at retail stations etc., are key elements for the opening of the preliminary investigation
in the fuel market. Competition Commission with Decision No. 292 of 16.09.2013 decided
on the opening of the preliminary investigation on possible dominant position in the market
of manufacturing, import and wholesale of fuel.
From the analysis of this market, from the changes in market structure during the first 8
months of 2013 as well as from assessing the effect of the entry into force of the new fiscal
package in January 1, 2014, the Competition Authority has decided to continue investigation
proceedings in this market. Inspections are carried out and the necessary information is
gathered and is being processed by the Competition Authority Secretariat.
Insurance Market
Competition Authority Secretariat on Competition Commission’s request, on 14 and 15
November 2013 organized the monitoring process for “compulsory motor vehicle insurance
policy on third party responsibilities”. Competition Commission with Decision No. 297 of
18.11.2013 decided on opening the preliminary investigation on the insurance market for
possible restriction of competition in the trade of insurance policy for transport for vehicles
on third parties responsibilities. The Competition Authority Secretariat conducted the
necessary inspections, gathered information and data needed for the report of the
investigation.
The print and visual media on 11 February 2014 announced for a price increase by all
insurance companies operating in the market including state insurance company INSIG. The
Competition Authority immediately began monitoring and inspecting the market to identify
317
the causes and reasons for price increases in this market, where it has resulted that the applied
prices have been increased significantly and immediately, at the same level from all the
insurance companies in all the categories of this insurance policy.
During the inspection, important evidences have been gathered that show the behaviour of the
undertakings in the market. Meanwhile the insurance undertakings based on article 45/2 of
the competition law, have committed to reset the competition in the market. The Insurance
undertakings, with a letter to the Albanian Insurance Association have committed to
implement the legal framework and all the rules in Competition field in Albania, and to
maximize their efforts for the functioning of the bonus malus system.
The preliminary investigative report is discussed within the Competition Commission, which
has approved the proposal of passing to the in-depth investigation. Competition Commission
with Decision No.310, of 31.03.2014, decided “On the opening of the in-depth investigation
in the market of compulsory motor vehicle insurance policy on third party responsibilities”.
Actually the ACA is in the process of in-depth investigation in this market.
Agreements in Public Procurements (Bid Rigging) (The market of Public Procurement in the
Private Security Services) Geographic Market: Dibra District
Competition Commission on its decision No.306, of 19.02.2014 decided on the opening of
the preliminary investigations procedures in the market of security service in Dibra district. It
came at this decision as a result of some concerns raised about the potentially prohibited
agreements on offers and possible agreements in this sector. The Secretariat started
investigation procedures, on gathering information on the case of investigation and is
conducting inspections at enterprises that are suspected of collusion between them.
The import; manufacture, wholesale and retail market of tobacco products
The Competition Commission Decision no. 302, of 14.01.2014, decided "On opening of the
preliminary investigation procedure in the import, manufacturing, wholesale and retail market
of tobacco products." Competition Authority Secretariat after a tobacco market monitoring
has proposed the opening of a preliminary investigation into this market, for potential anti
competitive practices in this market. After the inspection procedures, and gathering the
necessary information on this case, a report has been drafted for this market and it has been
delivered to the Competition Commission for discussion.
Decisions on authorization of the concentrations
The notifications of the concentrations brought to ACA do not show signs of restriction of
competition in the market or in a particular part of the market, resulting from the creation or
strengthening of a dominant position. For these reasons Competition Commission decided to
authorize those concentrations:
1. The Competition Commission by decision no.294, date 28.10.2013 decided to authorize
the acquisition of control from AD-Trade Sh.p.k of Primo Communications Sh.p.k, through
318
the acquisition of 100 % of shares from Telekom Slovenije d.d”. This transaction does not
restrict the competition in the market or in a part of the market as a result of creating or
strengthening the dominant position.
2. The Competition Commission by Decision no. 299, date 06.12.2013 decided to authorize
the realized concentration through the sales of 100% of the shares of Europa Kazino 2009
sha from Z. Edmond Plaku”. This transaction does not restrict the competition in the market
or in a part of the market as a result of creating or strengthening the dominant position.
Competition Commission by Decision No. 309, of 06.03.2014 decided to authorize the
completed concentration through acquisition of joint control indirectly in JSC Beralb
undertaking through the transfer of 50% of the shares of Nesko metal Sanayi Ve Ticaret AS
from undertaking Ekin Maden Ticaret ve Sanayi AS to the undertakings Jiangxi Copper
Company Limited, Beijing Metal Challenge Global Trading Co. Ltd and CRM International
(Beijing) Co. Ltd. This concentration does not restrict the competition in the market or in a
part of the market as a result of creating or strengthening the dominant position.
Decisions on recommendations: The Competition Authority through this period has given
recommendations in different sector of the economy, mainly in the regulating sector for the
purpose of the well-functioning of the market.
Air transport market: Competition Commission by Decision No. 308, of 21.02.2014 has
issued some recommendations to air transport market. From the studies on this sector,
Competition Authority evaluates as necessary the approval of a methodology / regulations on
tariffs. For this reason, it was recommended to OSHA (Authorized State Body), to develop
and adopt such a methodology for setting airport tariffs and driving these tariffs to be costoriented. In cooperation with OSHA, the Concession party must also revise the airport
service charges, as set out in the concession contract itself. These fees should be reviewed
every three years, while the last time they were changed is the year 2007.
Procedural Decisions
1. The Competition Commission by Decision no. 296, of 18.11.2013, decided “On the
assessment of NISATEL” complaint “On the opening of the investigation in the wholesale
market of the “Broadband” internet service. Nisatel has sent a complaint with the object: the
undertaking Alb telecom hasn’t applied the technical conditions underlined in the signed
contract between the two parties, to offer the wholesale broad banding and also it is accused
for setting additional conditions, abusing with the service offered to Nisatel. Based on the law
provisions, analyzing the facts and the conditions of the market, CC has concluded that there
have been no restrictions or distortion of the competition in the market. The operator with
dominant position, Albtelecom, in offering the dedicated access in the wholesale internet
market does not apply discriminating behaviour towards Nisatel or any other player in the
market.
2. The Competition Commission by the decision no. 298, of 06.12.2013, decided “On the
legal assessment according the compatibility with the law and regulation of “Agreement of
319
cooperation between the undertakings that operate in the insurance market for the information
exchange in the compulsory insurance market of the transport vehicles for the third parties
liability”. The insurance undertakings have addressed to ACA a complaint for a cooperation
agreement for the compulsory insurance market of the transport vehicles for TPL. From the
analysis it is concluded that the cooperation agreement, its object and purpose, are based on
the Regulation “On the applicability of article 6 of the law on competition protection,
according to some categories of agreement, decisions and practices in the insurance market”
and it fulfils the conditions to exemption from profit. However, the competition commission
decision foresees some criteria that must be respected, such as the trade of the compulsory
insurance policy with the respective logos, the information of the Competition Authority of
the kind of the exchanged information according the agreement, etc. Also, in Competition
Commission decision it was set the deadline of the agreement to 1 (one) year.
3. The Competition Commission by the Decision no. 301, 06.12.2013, decided “On the
assessment of the complaint of “GEN-I” in the wholesale market of energy “.A complaint
was addressed to ACA from “Gen-I Tirana” sh.p.k. related to the technical conditions of
“Cez Distribution” Sh.A of the Invitation “Buying the electric energy for the period 1 January
- 31 December 2014” on the covering of the loss. The complainant pretends that the terms
and the financial conditions offered from “Cez Distribution” leads to the restriction of the
number of participants and in lack of competition. Consequently it brings higher and noncompetitive energy prices, which distorts competition and brings harm to the energy
consumers. Based on the problems faced during the analyses of the complaint, ACA has
decided that "CEZ Distribution SHA has acted conform the regulations “Rules and standard
procedures of procuring the electric energy from Distributing System Operator”. Also, CC
has decided to recommend to the Energy Regulatory Body to approve a specific regulation
for the monthly procedures of buying the electric energy for covering the lost based on the
principles of the transparency process, non-discrimination and fair treatment of competitors
as well as transparent procedures of negotiation between Cez Distribution SHA and the
bidders after publishing the offer for buying the energy to cover the loss.
320
ANNEX III.19.1: EU DIRECTIVES INFORMING THE DRAFT OF THE LABOUR
CODE
1. Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996
concerning “the temporary posting of workers in the framework of the provision of services
abroad”, CELEX No. 31996L0071
2. Directive2002/14/CE of the European Parliament and of the Council of11March 2002
establishing a general framework for “Informing and consulting employed in the member
states of the European Community: - jointed declaration of the European Parliament, Council
and Commission on the representation of employees CELEX No. 32002L0014
3. Directive 97/81/EC of 15 December 1997 concerning the “Framework Agreement on parttime work concluded by UNICE, CEEP and ETUC”. Annex: Framework agreement on the
part - time work, CELEX No.31997L0081
4. Directive 2000/78/CE of 27 November 2000 on “Establishing a general framework for
equal treatment in employment and occupation”. CELEX No.32000L0078
5. Directive2000/43/C, dated 29 June 2000on “Implementing the principle of equal treatment
between people irrespective of racial or ethnic origin”. CELEX No. 32000L0043
6. Directive2006/54/CE of the European Parliament and of the Council of 5July 2006on
“Implementing the principle of equal opportunities and equal treatment of men and women in
employment and occupation matters”. CELEX No. 32006L0054
7. Directive2003/88/CE of the European Parliament and of the Council of 4 November 2003
concerning “Certain aspects of the organization of working time” .CELEX No. 32003L0088
8. Directive of the Council 91/533/EC of 14 October1991 on “Obligation of the employer to
inform the employee on the conditions applicable in the contract or in the employment
relation”. CELEX No. 31991L0533
9. Directive of the Council 1999/70/CE of 28 June 1999 concerning the “Framework
agreement on the fixed term work, concluded by ETUC, UNICE and CEEP” CELEX No.
31999L0070
10. Directive of 2008/104/ CE of the European Parliament and of the Council of 19
November 2008 on the “Temporary employment agencies”
CELEX No. 32008L0104
11. Directive 98/59/CE of 20 July 1998 on the “Approximation of the laws of the Member
States relating to collective redundancies” CELEX No. 31998L0059
321
12. Directive 2001/23/CE of 12March 2001 on the “Approximation of the laws of the
Member States relating to the safeguarding of the employees’ rights in case of transferral of
an undertaking or parts of undertakings” . CELEX No. 32001L0023
13. Directive 2010/18/EU, dated8March2010on “Implementing the revised Framework
Agreement on parental leave concluded by Business Europe, UEAPME, CEEP and ETUC
and repealing Directive96/34/ CE” CELEX No. 32010L0018
14. Directive of the Council 92/85/EC of 19October1992, on “The introduction of measures
to encourage improvements in the safety and health at work of pregnant workers and workers
who have a child breastfeeding”. CELEX No. 31992L0085
15. Directive of the Council 94/33 EEC, 22 June 1994 “On safeguarding the youth at work”,
CELEX No. 31994L0033
16. Directive 1999/92/CE of the European Parliament and of the Council of 16 July 1999 on
“Minimum requirements to improve the protection of health and safety of employees against
potential risk from explosive environments”. CELEX No. 31999L0092
322
ANNEX III.19.2: LIST OF DRAFT DECISIONS OF COUNCIL OF MINISTERS
UNDER PREPARATIONIN THE OCCUPATIONAL SAFETY AND HEALTH
SECTOR
To the implementation of Law No 10237, date 18.02.2010 “On safety and health in the
workplace” the Ministry of Health is finalising the following draft legal acts:
DCM “On the approval of the Regulation “On the minimum health and safety
requirements regarding the exposure of workers to the risks arising from
electromagnetic fields”, approximating Directive 2013/35/EU of 26 June 2013 (20th
individual directive) and repealing Directive 2004/40/EC;
DCM “On the approval of the Regulation “On the minimum health and safety
requirements regarding the exposure of workers to risks arising from artificial optical
radiation”, approximating Directive 2006/25/EC of 5 April 2006 (19th individual
directive);
Draft DCM “On the approval of the Regulation “On the minimum health and safety
requirements regarding for the manual handling of loads where there is a risk
particularly of back injury to workers”, approximating Directive 90/269/EEC of 29
May 1990 (fourth individual directive);
Draft DCM “On the approval of the Regulation “On the minimum health and safety
requirements for work with display screen equipment”, approximating Directive
90/270/EEC of 29 May 1990 (fifth individual directive);
Draft DCM “On the approval of the regulation “On the minimum requirements for
improving the safety and health protection of workers potentially at risk from
explosive atmospheres” approximating Directive 1999/92/EC of 16 December 1999
(fifteenth individual directive); - March 2014- under the responsibility of Ministry of
Social Welfare and Youth.
Another four draft DCMs will be devised with the assistance of IPA 2010 Project on Human
Resources Development, to approximate the following EU directives:
Council Directive 92/91/EEC of 3 November 1992 concerning the minimum
requirements for improving the safety and health protection of workers in the mineralextracting industries through drilling (eleventh individual directive ); - April 2014;
Council Directive 92/104/EEC of 3 December 1992 on the minimum requirements for
improving the safety and health protection of workers in surface and underground
mineral-extracting industries (twelfth individual directive); - April 2014;
Council Directive 93/103/EC of 23 November 1993 concerning the minimum safety
and health requirements for work on board fishing vessels (thirteenth individual
directive); - May 2014;
Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to
encourage improvements in the safety and health at work of pregnant workers and
workers who have recently given birth or are breastfeeding (tenth individual
Directive); - May 2014.
323
ANNEX III.19.3: INFORMATION ON THE ACTIVITY OF THE STATE LABOUR
INSPECTORATE
Data provided by the State Labour Inspectorate for the year 2013.
Number of inspections, workers and illegal workers according to districts
No. of unlicensed
No.
No. of
No.
enterprises
No. District
undeclared
Inspections workers
employees
Enterprises Employees
1
Tirana
4,436
61,383
266
830
1,439
2
Berati
721
6,584
6
28
40
3
Dibra
601
8,473
11
315
398
4
Durrësi
1,265
18,228
241
0
0
5
Elbasani
1,229
6,702
14
43
47
6
Fieri
1,173
13,174
34
162
171
7
Gjirokastra
1,011
3,011
5
230
259
8
Korça
1,124
6,525
16
52
63
9
Kukësi
283
1,948
82
211
259
10
Lezha
502
8,021
0
0
0
11
Shkodra
838
13,568
66
69
120
12
Vlora
1,051
9,513
290
63
85
13
Saranda
193
679
0
12
12
Total
14,427
157,809
1,031
2,015
2,801
Illegal employees according to sectors
No.
Subjects
1
2
3
4
5
6
7
8
9
Agriculture, forestry, fishing
Mine, career
Manufacturing enterprise
Electricity, gas, water
Trade, hotel-bar-Restaurant
Construction
Transport, telecommunication
Finance, security
Other activities
Total:
No. of
No. of inspections undeclared
workers
74
8
151
34
1,848
223
65
0
7,709
544
1,049
54
191
0
625
69
2,715
99
14,427
1,031
324
ANNEX III.19.4: INFORMATION ON THE VOCATIONAL EDUCATION
The Employment and Skills Strategy 2014-2020 coincides with the reform that is being done
in education and training aiming orientation towards vocational education and labour market
needs. The strategy defines measures to determine the direction of development of the
education system, vocational training and employment. The strategy foresees tangible
measures for the inclusion of vulnerable groups, particularly of women in need of vocational
training, and employment promotion programmes in relation to high unemployment youth.
The strategy was developed with support from IPA 2010.
Existing curricula were revised to bring them closer to requirements for advanced technology
coming from the labour market. Along the same lines of action, MSWY in cooperation with
the National Agency for Education and Training and Qualification designed new curricula for
professional courses in 2014.
New employment assistance offices were established in Tirana, Durresi, Vlora, Elbasani,
Kavaja, to increase the efficiency of employment services in the labour market.
The strategy aims to improve the quality of education and vocational training, as well as
laboratories and equipment, curricula, teacher materials, etc through:
an increase in number of trainers in rural areas;
an increase of participants from vulnerable groups in education and vocational
trainings;
strengthening the processes of education and work, and ease the transition to work;
and
an increase in number of employment services in rural areas.
325
ANNEX III.19.5: INFORMATION ON THE YOUTH ENHANCING ACTIVITIES
In the framework of enhancing youth capacities MSWY organized the following events:
MSWY in cooperation with the Friedrich Ebert Foundation and UNDP organized on 29 –
30 November 2013 the “Youth Perspectives: Another Mentality” conference. The event
was held at the National Historical Museum included youth organizations, artists,
architects, designers and activists to discuss culture and creativity as a means for youth
empowerment and employment possibilities.
MSWY in cooperation with Olof Palme International Center, and Mjaft Movement,
organized the Connection event on 7- 8 February 2014. The conference, held in Tirana at
the National Historical Museum, gathered 200 young people members of youth
organizations, students and young professionals. Its focus was on the importance of
communication in the youth sector, through the www.rini.al platform.
MSWY in collaboration with USAID supported the Professional Internship Programme at
the State Advocate’s Office. 21 students from the Faculty of Law at the University of
Tirana started a 6-month Professional Internship. The programme provides participating
law students with an opportunity to build practical skills, develop professionally, and
prepare themselves to enter the workforce.
326
ANNEX III.19.6: INFORMATION ON THE ACTIVITIES RELATED TO SOCIAL
SERVICES
In the framework of the World Bank project for Social Assistance Modernization in Albania,
during November-December, trainings were held on the new scheme of economic aid,
supported by LGU social administrators. The scheme is in its two-year pilot phase in the
regions of Tirana, Durres and Elbasani.
Following the reform on social services in Albania, the following activities were organized:
A consultative meeting on the "Evaluation of the capacities of social service
providers, directors, specialists, of social services on the case management model in
the field of social services " October 30, 2013;
A two-day technical workshop on the "Reform of social services in Albania: the way
forward,” was organized by UNICEF and MSWY on 28-29 January 2014;
A meeting was held between representatives of MSWY and UNICEF on April 2,
2014 with relation to the draft of an action plan on the reform of social services;
MSWY initiated the implementation of the "Innovative social services for vulnerable
groups: standards for decentralization" project. The latter aims to improve living
conditions for vulnerable categories, through the introduction and standardization of
innovative practices. The pilot project is in its implementation phase in the PwD
centre in Tirana, and the elderly and children centres in Shkodra. The implementation
of the project will happen along a 20 months period and assessments concerning
necessary interventions are regularly carried out;
A first meeting of the inter-institutional working group on formalizing the sign
language in Albania, based on Order of Minister No. 232, date 02.12.2013, was held
in January 2014. Following, a technical working group was established to assess
needs for legislative intervention and current policies. The first meeting of the
technical working group was held in March 2014, which includes civil society
representatives;
MSWY held a meeting with representatives of the Council of Europe concerning
torture prevention in residential social care services In February 2014;
A two-day meeting for social inclusion and recognition of the new program of the
United Nations for social inclusion was held in March 2013.
327
ANNEX III.19.7: INFORMATION ON THE ADOPTED LEGAL ACTS ON
COMPULSORY HEALTH CARE INSURANCE SCHEME
Further information on legal measures adopted in the context of the compulsory health care
insurance scheme.
The Law No. 184/2013, date 28.12.2013, "On some amendments and appendices to
Law No. 10383, date 24.02.2011, "On compulsory healthcare insurance in the
Republic of Albania", as amended” brings forth the following changes:
Contributions are calculated on the gross salary of the insured person. State contribution to
the economically inactive persons is based on per capita consumption of health care, indexed
to the inflation rate. Health service consumption per capita is determined by the Compulsory
Health Care Insurance Fund and approved by the Administrative Council Assembly, together
with the adoption of the annual budget. The basis for calculating the contribution for selfemployed employees is twice the minimum wage to the effect of contributions calculation.
The minimum wage to the effect of the calculation of contributions for the self-employed in
the city and in the countryside is determined by the Council of Ministers decision. For
voluntary health insurances, contributions are calculated based on twice the minimum wage
to the effect of contributions calculation.
The consequent result would be reduction of the contributions from self-employed people in
urban and rural areas and for voluntary insurance. At present, the basis for the calculation of
the contribution for self-employed workers and volunteers insured in the health insurance
scheme is the average between the minimum and maximum salary to the effect of
contributions calculation. If we refer to concrete figures , the basis for calculating the health
insurance contributions is ALL 57,078 per month, [ ( 19,026 + 95,130 ) / 2 ], so this category
of insurants are made liable to pay ALL 1,941 per month. According to these changes, the
basis for calculating the contribution for self-employed workers and volunteers insured in
health insurance scheme is twice the minimum wage to the effect of contributions
calculation, or ALL 38,052 (19,026 x 2 ), so this category of insurants are made liable to pay
ALL 1,294 per month. So, for each person insured under this category, this liability will be
reduced to ALL 647 per month. Therefore, the annual financial effects as the result of
changes to the calculation basis of the compulsory health insurance contribution for selfemployed and voluntary insured taking into consideration the current number of contributors
to this category are about ALL 500 million. This will lead to the reduction of the value of
health insurance contributions paid by self-employed and voluntary insured in the city and in
the countryside.
Another recent change is the removal of the maximum threshold of the base for the
calculation of contributions for employees. According to this change, the gross salary of the
insured person will comprise the basis for the contributions calculation.
Another change concerns the reduction of the number of the Fund’s Administrative Council
members from nine to seven. This change intended the creation of a unique model with all
partner institutions and observation of provisions provided for in Law No. 90/2012, "On the
public administration organization and operation”. Despite of the reduction of the number of
its members, the Administrative Council is comprehensive as it comprises of not only
328
government representatives, but also people who contribute to the scheme, such as a
representative from the employees union and a representative from the health professional
organization. The chairman of the Administrative Council is elected by a secret ballot and
he/she must be elected from among the representatives of the Council of Ministers. The
chairman will not have anymore a one (1) year mandate based on the principle of rotation, in
order that decision-making and policy-making, which are essential for the Administrative
Council performance, as the highest decision making body become a continuous and coherent
process. The law introduces some changes concerning the ways of electing the Fund’s
Director General. According to the rules and criteria set out in the Fund’s Statute, the
Director General is elected by the Administrative Council after it submits a list of not less
than three candidates. In this way the Director General is elected through a real and effective
process in order that only proficient and skilful candidates enter the competition for this
very important management position. The distribution of powers of the Fund’s two leading
bodies that are the Administrative Council and the Director General is more clearly defined in
the amended provisions of this law. These provisions set out the rights of the Administrative
Council to approve the total number of employees, the statute, economic, financial and
procedural regulations on auditing and control, other internal rules and the right of the
Director General to propose these actions to the Administrative Council. The Director
General, in addition to competencies to propose the number of the staff and adopt all internal
structures and job descriptions of employees, is entitled to approve all the regulations on the
general organization and operation of the Fund. This change was intended to explain more
explicitly the management function of Director General and provide to him/her all
appropriate powers in order to ease the management process of the Fund.
Approval of DCM No. 1, date 01.08.2014, "On the financing of health hospital
services from compulsory health care insurance scheme."
Approval of this DCM is part of health system reform. The reform initiated in the health
service with the intention to rationalize some hospital services such as the bed utilization and
performance served as a basis for the allocation of hospitals budget. The hospitals will be
financed by historic budget monitored by the Fund during this year as well and until the
calculation of the services costs are made possible. The operative budget of hospitals in 2014
will be expanded by One billion ALL compared to 2013 budget. The lump sum of the budget
is allocated for “Mother Teresa” University Hospital Centre in Tirana, as it is the sole public
centre in the country, which provides tertiary medical care. For this reason, physical
infrastructure and medical technology of this centre are improved significantly over the
recent years.
The supplementary budget allocated for this university centre will be used: All 350 million to
improve the oncology service, 100 million ALL for the purchase of medical materials needed
for hemodynamic and cardiac surgery wards, All 50 million for laboratories medical
materials and 70 million ALL for the medical device maintenance. According to Law No.
10383, date 24.02.2011, "On compulsory health care insurance in the Republic of Albania",
as amended, the Fund is permitted to make contracts with private providers of medical
services. To this aim, 250 million ALL out of one billion ALL will be kept as an unallocated
reserve. The Fund will use this amount to finance the services packages for kidney and liver
transplants, cochlear implants in those children suffering from hearing reduction and for
329
patients treated with dialysis the number of whom is growing. The decision stipulates the
obligation of hospitals to implement the standards and indicators of quality and performance,
approved by the Minister of Health. Contracts were also signed between hospitals and the
Fund for financing the services that these hospitals provide. According to the Fund’s
Administrative Board decision, funds generated from hospitals secondary revenues and
donations are used completely and without any restriction by the hospitals themselves.
Hospital services will calculate and report actual costs for each service. The Administrative
Council of Compulsory Healthcare Insurance Fund determines the way in which hospital
employees who have contracts with this Fund are paid and remunerated according to their
performance.
Decision no. 23, dated 22.01.2014, of the Council of Ministers, "On the representation
of Albanian Health Workers Trade Unions Federation and the Order of Physicians in
the Administrative Council of Compulsory Health Care Insurance Fund".
The decision determines in a nominal way and pursuant to item 1/dh and item 1/e of Article
16 of Law No. 10383 , date 24.02.2011, "On compulsory health care insurance in the
Republic of Albania", as amended” that all worker unions and organizations of health
professionals be represented in the Administrative Council.
Administrative Council Decision No. 8, date 02.11.2014 "On approval of rules and
health insurance contract."
Voluntary health insurance regulation and contract are prepared in accordance to Law No.
10383, date 24.02.2011, "On compulsory health care insurance in the Republic of Albania",
as amended”.
The purpose of this regulation is to establish rules and procedures, under which nationals who
are not insured in a mandatory way will be covered by voluntary insurance. All those persons
who are not involved in a mandatory way in the compulsory health care insurance scheme are
entitled to acquire voluntary insurance. Voluntarily insured persons have the same rights and
obligations as persons who are subject to compulsory insurance, if they meet the condition of
the waiting period. Voluntary health insurance is paid by the person who makes a voluntary
health insurance contract with the Fund. The basis for the calculation of contributions for
voluntary health insurance is 3.4 percent of twice the minimum wage to the effect of
contributions calculation.
Voluntary health insurance contract, in its content and form, has set out the rights, obligations
and benefits of voluntarily insured person in compliance with the law no. 10383, dated
24.02.2011, "On compulsory health care insurance in the Republic of Albania", as amended.
Ways and forms of making payments and calculation of contributions are nominally
described in the contract by being always referred to the contribution amount and basis of
calculation of contributions, according to laws and regulations in force at the time of signing
the contract.
The contract explicitly describes the deadlines and waiting periods from the date of
registration and payment of the contribution up to the date the right to benefit arises.
330
The contract also describes the ways on how the individuals will receive the identification
document of health insurance, which provides "the status of the insured” to the person who
pays contributions voluntarily in the compulsory health care insurance scheme, in compliance
with the above mentioned law.
The contract also described sanctions and complaint procedures, in terms of a contractual
partnership. All provisions of this contract are based on and in appliance with the legislation
on compulsory healthcare insurance scheme. They provide for transparency for voluntarily
insured category and insure maximum flexibility and confidentiality for the insured that have
paid voluntary contributions in the compulsory health care insurance scheme.
Council of Ministers Decision, no.124, dated 03.05.2014, "On Approval of the
Compulsory Healthcare Insurance Fund Statute in the Republic of Albania"
The structure of the Fund’s statute is as follows:
The first chapter, "Compulsory Healthcare Insurance Fund", contains the definition of the
Fund, as well as some of the basic features and rules about exercising of its activity. Thus,
Compulsory Healthcare Insurance Fund is a public autonomous legal entity, with it’s
headquartered in Tirana and extends its activities across the country through local offices.
The Fund is the only public autonomous body, which provides and manages the compulsory
health care insurance in the Republic of Albania. It manages the scheme of compulsory
healthcare insurance, in accordance with national healthcare policies set by the Ministry of
Health. According to projections, the Fund gains income and makes expenses according to
law no. 10383, dated 24.02.2011 "On compulsory healthcare insurance in the Republic of
Albania", as amended and effective financial legislation. The Fund manages its operations
using available financial resources and doesn’t get loans. The Fund, through its governing
bodies, has the right to develop and issue decisions, instructions, orders, regulations and other
administrative acts pursuant to legal acts and bylaws and the respective provided powers.
The second chapter, "The governing bodies of the Fund," treats in its article 2-12 all
problems related to the Fund's governing bodies , the Administrative Council , the leadership
of the Administrative Council, the powers of the Administrative Council, meetings, quorum
and decisions of the Administrative Council, the expiration of the terms of the
Administrative Council members, remuneration of the Administrative Council members,
election and mandate of the Director General, the powers of the Fund’s Director General, the
Director General salary and dismissal. This chapter takes into consideration rules provided
for in relevant legislation concerning the constitution of collegial bodies and also reflects
changes made to compulsory health care insurance law, which altered the number of the
Fund’s Administrative Council members from 9 to 7 members.
Chapter three, "The overall organization of the Fund", provides for in articles 12 to 17, ways
of the Fund’s administration starting from the head office of the Fund, called the Fund’s
Directorate General and continuing with local offices, which comprise the Fund’s Regional
Directorates, the Fund’s Branches and the Directorate of the Fund’s University Hospital
Services. This arrangement is made by taking into account the administrative territorial
division based on districts. With the intention to preserve the tradition, use the experience of
331
current institutions and facilitate the administration of the scheme, branches in cities with
geographical specifications, such as Saranda and Tropoja, will operate just like local offices.
Agencies that operate in several municipalities and are under the subordination of Regional
Directorates at district level will be considered as local structures as well. On the other hand,
University Hospital Services Directorate of the Fund is charged with the implementation of
the scheme only in university hospitals, which experience the largest influx of patients
receiving this service at national scale.
The fourth chapter, "Subsidiary bodies ", deals with the technical committees that draft the
services packages. These bodies are established for the first time and have very specific tasks
related to the implementation of compulsory healthcare insurance scheme. The statute also
addresses the overall reasons for their creation and their main functions while it stipulates that
other acts to be drafted by the Administrative Council Fund will further elaborate its duties
and functions.
The fifth chapter of the statute deals with human resources and provisions of Articles 19 and
20 set out the labour legal relations, wages and bonuses. This chapter is important because
the Fund’s employees do not enjoy the status of civil servants and their working relationship
shall be governed by the Labour Code and the rules and principles contained in this statute.
Pursuant to the provisions of the compulsory health care law, the Fund’s staff salaries are
approved by the Fund’s Administrative Board and salary rates for each category are
determined depending on the salary of the Director General.
Chapter six, "Financial provisions", covers matters relating to financial resources that create
the Fund’s revenues, ways of using these financial resources as well as contingency fund.
Thus the Fund’s revenues are generated from compulsory health insurance contributions paid
by all economically active persons residing permanently in Albania, compulsory health
insurance contributions from the state budget for economically inactive persons, voluntary
health insurance contributions, transfers from the Ministry of Health to subsidize a portion of
direct payments for specific categories of individuals excluded by the Council of Ministers
decisions, transfers from the Ministry of Health for services required by it, besides those
budgeted or contracted by the Fund, transfers approved in the state budget to balance the
budget of the Fund, or compensate the contributions non-realization in the process of the
budget implementation and other sources, donations as well as grants from national and
international sources. Concerning expenditures, the Fund may use its financial assets only to
fund the compulsory healthcare insurance service packages, which are listed, for
administrative expenses, as well as investment.
Chapter seven, "Reporting" provides for in its Article 24 to Article 29, all the Fund’s
liabilities to report, including financial reporting before the Administrative Board of the
Fund. The fund is also obliged to submit reports required by the Ministry of Finance on the
share funded by the State budget and the annual report on the overall activities of the Fund
that is sent to the Ministry of Health, Ministry of Finance and Parliament. This chapter also
defines the liability and rules for bookkeeping and auditing, public information and
preservation of information confidentiality.
332
Chapter eight, entitled "Special Provisions", sets out relations established between the Fund
and public institutions within the country, international agreements and membership in
international organizations. The Administrative Council is authorized by a special provision
to adopt the logo and its usage in formal cases.
Article 34 of the Statute arranges the validity of acts adopted by the Administrative Council
and the Director General and it specifies that they will continue to be in force unless they are
contrary to the law and are nullified by the issuing body.
Council of Ministers Decision no. 135, dated 03.12.2014, "On approval of the drugs
list reimbursed by the Compulsory Healthcare Insurance Fund and the scope of their
price coverage."
This list is conceived based on the international classification system ATC (anatomic,
therapeutic and chemical) and contains 477 drugs just like the previous one.
56 new drugs (or 33 new active principles) are added to the reimbursed drugs list, which
cover a large number of diagnoses. They include oral anti-diabetics; drugs for children with
diabetes and hormonal disorders; antithrombotic in vassal surgery, drugs for cardiac therapy,
drugs for patients with prostate; drugs for the treatment of some types of cancer, drugs for
Nephrology - Dialysis Service, from which patients with organ transplants and under dialysis
process will benefit; drugs for patients with hepatitis; drugs for palliative care to the benefit
of patients in the terminal stage; drugs for psychiatric, drugs to combat alcohol dependence,
allergy drugs for patients with more severe forms of bronchial asthma; drugs for
Ophthalmology service to the benefit of patients with eye macular degeneration; drugs for
Gynaecology service and treatment of a rare disease for children.
The 2014 Reimbursable Drugs List is expanded with 56 new drugs, compared to reimbursed
drugs list of 2013, which will be used in all areas of ambulatory medicine in the interest of a
greater number of patients.
The 2014 list of reimbursable drugs provides for the same scope of coverage, as in the
previous year drugs list. Thus, the reimbursed drugs price will be covered at a rate of 50 % to
100 %.
Certain social categories, such as pensioners, fully disabled people, children up to one year of
age, patients suffering from CA, TB, orphans, and blind people are awarded a free first
alternative of each drug included in this list.
Certain social categories, such as veterans and war invalids are freely awarded all drugs in the
reimbursable list of the Republic of Albania.
333
ANNEX III.23.1: HARMONIZED STATISTICS
The work of the inter-institutional working group set up to harmonize statistical data in the
justice system has been ongoing. The following figures are provided by the first instance and
appeal courts for the criminal offence of corruption for the period 4th quarter 2013 – 1st
quarter 2014:
Period
October – December
2013
January – March
2014
First Instance Court
No of persons
No of persons
tried against
punished
Court of Appeal
No of persons
No of persons
tried against
punished
49
31
47
43
43
41
49
35
Comparing these figures with those of the same period of the preceding year, it results as
follows:
Period
October 2012 –
March 2013
October 2013 –
March 2014
First Instance Court
No of persons
No of persons
tried against
punished
Court of Appeal
No of persons
No of persons
tried against
punished
105
96
66
43
92
72
96
78
334
Harmonized statistics for the period 2013 – 1st quarter 2014
Cases investigated by the State
Police
District and Appeal Courts
(Using special methods of
investigation)
Cases Registered by Prosecution
Office
a.
1
2
CORRUPTION
223
Group 1:
Public sector
corruption
Proceedings sent to Court
Referred
by the
State
Police to
the
Prosecutio
n Office
Dismissed proceedings
Initiate
d by
State
Police
With
informatio
n from
other
institution
s or
person
Article
222 of
Pr.Pen
al Code
Article
294/a
of
Pr.Pen
al Code
Article
294/b
of
Pr.Pen
al Code
8
9
10
11
12
240
76
54
33
653
230
67
54
1
6
2
3
0
0
0
0
10
0
1
13
284
366
348
18
0
0
1
0
30
98
55
14
Total of
registered
proceedin
gs in
Prosecutio
n Office
Referenc
es by
State
Police
Complain
ts and
reference
s from
other
persons
or
subjects
Initiated
by the
prosecut
or
3
4
5
6
7
174
397
452
364
26
677
220
169
389
435
362
25
Article 244
2
0
2
3
0
Article 244/a
0
0
0
0
Article 245/1
5
0
5
Article 248
145
139
Article 256
0
Article 259
68
Pro active investigation
Criminal
offences
related to
corruption,
organized
crime and
seriuos crimes
PROSECUTION OFFICE
District Court
Appeal Courts
No.of
judged
person
s
No. of
convicte
d
persons
No.of
judged
person
s
No. of
convicte
d
persons
13
14
15
16
17
0
63
221
154
126
100
29
0
59
208
144
123
97
0
0
0
0
9
9
11
11
0
0
0
0
0
0
0
0
0
4
4
3
2
0
5
37
32
5
5
550
197
49
10
15
0
21
132
84
88
69
0
1
0
0
1
1
0
2
0
0
0
0
5
83
27
11
40
11
0
31
30
19
19
12
335
Article 259/a
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Group 2:
Conflict of
interest and
asset
declarations
0
0
0
0
1
0
1
0
1
0
0
0
0
3
2
1
1
Article 257
0
0
0
0
0
0
0
0
0
0
0
0
0
1
1
1
1
Article 257/a
0
0
0
0
1
0
1
0
1
0
0
0
0
2
1
0
0
Group 3:
High-level
corruption
0
0
0
6
1
0
12
5
6
0
0
0
0
6
7
1
1
Article 245
0
0
0
6
1
0
12
5
6
0
0
0
0
6
7
1
1
Article 260
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Group 4:
Corruption in
the judicial
system
1
4
5
9
0
0
9
4
1
0
3
0
3
3
0
1
1
Article 312
0
0
0
2
0
0
2
1
1
0
0
0
0
0
0
1
1
Article 319
1
0
1
1
0
0
1
1
0
0
0
0
0
2
0
0
0
Article 319/a
0
4
4
2
0
0
2
1
0
0
0
0
0
1
0
0
0
Article 319/b
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Article 319/c
0
0
0
3
0
0
3
1
0
0
0
0
0
0
0
0
0
Article 319/ç
0
0
0
1
0
0
1
0
0
0
3
0
3
0
0
0
0
Article 319/d
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Article 319/dh
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
336
Article 319/e
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Statistic 5:
Private sector
corruption
2
1
3
2
0
1
2
1
1
0
1
0
1
1
1
0
0
Article 164/a
1
0
1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Article 164/b
1
1
2
2
0
1
2
1
1
0
1
0
1
1
1
0
0
ORGANISED
AND SERIOUS
CRIME
1250
262
1512
1580
38
6
1461
251
404
193
4
1
29
425
368
454
408
Group 1:
Organised
Crime
1215
209
1424
1505
24
4
1328
214
396
188
2
1
26
393
352
443
397
Article 109
0
4
4
11
1
1
14
4
1
5
0
0
0
3
1
Article 109/b
3
19
22
34
5
1
60
2
8
34
0
0
0
18
17
13
12
Article 110/1
0
0
0
35
6
0
38
6
9
5
0
0
0
1
1
17
15
Article 114/b
18
13
31
15
3
0
22
5
1
5
0
0
0
2
2
2
2
Article 128/b
7
3
10
5
0
0
10
3
0
3
0
0
0
0
0
0
0
Article 138/a
13
0
13
10
0
0
10
2
0
2
0
0
0
0
0
0
0
Article 141/a
168
61
229
335
7
0
354
81
12
1
0
0
0
6
2
0
0
Article 278/a
13
0
13
7
0
0
12
3
8
3
0
0
0
39
29
111
101
Article 282/a
0
0
0
0
0
0
0
0
0
0
0
0
0
2
2
0
0
Article 283
850
99
949
903
2
2
612
89
266
56
2
1
16
169
156
140
118
Article 283/a
143
10
153
145
0
0
191
19
91
74
0
0
10
146
133
150
142
337
Article 284/a
0
0
0
5
0
0
5
0
0
0
0
0
0
10
10
7
6
Group 2;
Money
laundering
34
51
85
71
14
2
128
36
8
1
2
0
3
31
15
5
5
7
5
5
34
51
85
71
14
2
128
36
8
1
2
0
3
10 (3
are fot
article
287/b)
85.000
Euro +
1.1 mil
Euro
30.000
Euro
115.000
Euro + 1.1
mil Euro
1
0
0
1
0
0
0
0
0
2
21
8
0
0
Group 3:
Terrorism
1
2
3
4
0
0
5
1
0
4
0
0
0
1
1
6
6
Article 111
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Article 230
1
2
3
3
0
0
3
1
0
3
0
0
0
1
1
6
6
Article 230/a
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Article 230/b
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Article 230/c
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Article 230/ç
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Article 230/d
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Article 231
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Article 232
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Article 232/a
0
0
0
0
0
0
1
0
0
1
0
0
0
0
0
0
0
Article 287
Seizures
result of
implementati
on of Articlet
287 of Penal
Code
338
Article 232/b
0
0
0
1
0
0
1
0
0
0
0
0
0
0
0
0
0
Article 233
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Article 234
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Article 234/a
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Article 234/b
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
339
ANNEX III.23.2: GENERAL PROSECUTOR'S OFFICE STATISTICS
General Prosecutor's Office
In the context of anti-corruption strategy the Prosecutor's Office put into operation an on-line address for reporting suspected cases of abusive in
the course of work of prosecutors (denonco@pp.gov.al). Additionally, the relevant structure in the General Prosecutor's Office has been redimensioned in 2013 to deal with the processing of statistical data and it is working with the State Police and courts of different levels to
coordinate figures of criminal proceedings and the final court decisions. Data processing will be extended during 2014 with other law enforcement
institutions. Complaints and requests of citizens addressed to the Prosecutor's Office are examined in a very quick time,
Also, the relationship with the media has been re-dimensioned. It is reactivated the order of the Prosecutor General of 2008 to publish data on the
work of the Prosecutor's Office. Communication with the media is performed fully and promptly for all mediums from relevant offices in the
General Prosecutor's Office. This form of activity has disciplined disclosure of information and has created facilities for obtaining information
from the media in an undifferentiated way. Communication with civil society organizations is actually significantly strengthened.
Statistical indicators show that during 2013 the Joint Investigation Units have registered 967 proceedings and 426 defendants regarding the
economic and financial crime. They have brought to the court 301 proceedings, charges were raised against 415 defendants and 355 defendants
were convicted. Only during the first trimester of 2014 the Joint Investigation Units have registered 356 criminal proceedings with 100
defendants, brought to the court 77 proceedings regarding 117 charges raised and 59 defendants were convicted by the courts.
Proactive investigations
The following is a table regarding the application of special methods for investigation of the criminal offences of corruption, organized crime
and serious crimes, and proactive investigations related thereto for the year 2013 and the first trimester of 2014:
Groups of
criminal
YEAR 2013
TRIMESTER 2014
340
offences
regarding
corruption,
organized
crime and
serious
crimes
Article 245/1
Article
Article
Article
Article
Article
Article
222 of
294/a of
294/b of
222 of
294/a of
294/b of
the
the
the
the
the
the
Criminal
Criminal
Criminal
Criminal
Criminal
Criminal
Procedur
Procedur
Procedur
Procedur
procedur
Procedur
e Code
e Code
e Code
e Code
e Code
e Code
Proactive
investigatio
ns
Proactive
investigatio
ns
3
2
0
5
2
0
0
2
Article 248
10
15
0
21
4
0
0
3
Article 256
1
1
0
2
0
0
0
0
Article 259
40
11
0
31
15
2
2
6
Article 319/ç
0
3
0
3
4
0
0
2
Article 164/b
0
1
0
1
0
0
0
0
Article 109
5
0
0
0
2
0
0
0
Article 109/b
34
0
0
0
9
0
0
0
Article 110/1
5
0
0
0
0
0
0
0
Article 114/b
5
0
0
0
0
0
0
0
0
0
0
0
128/b
3
0
0
0
Article 138/a
2
0
0
0
2
0
0
2
Article 141/a
1
0
0
0
0
0
0
0
Article 278/a
3
0
0
0
4
0
0
0
Article 282/a
0
0
0
0
1
0
0
2
Article 283
56
2
1
16
26
0
0
2
Article 283/a
74
0
0
10
30
0
0
12
Article 284/a
0
0
0
0
1
0
0
0
Article 287
1
2
0
3
0
0
0
1
Confisc. 287
0
0
0
2
0
0
0
0
Article
i
341
Article 230
Article 232/a
Total
3
0
0
0
6
0
0
0
0
0
0
2
2
32
1
0
0
0
1
247
37
1
94
107
342
ANNEX III.23.3: ANTI CORRUPTION MEASURES AND STATISTICS
HIDAACI
The total number of the declaration forms administered by the High Inspectorate of
Declaration and Audit of Assets and Conflict of Interest for 2013, consists of 6714
declaration forms, out of which, devided according to their types, there are these statistical
data:
-
Periodic/Annual Declaration Forms – 4607 forms;
-
Before Starting Work – 1114 forms;
-
After Leaving Office – 991 forms;
-
Upon Request – 2 forms
For 2014, so far, there has been an increase of the declaration forms, caused by the movement
of the employees of public administration as well, during these recent months.
Complaints system
For all the citizens, civil society and media to provide information on suspected corruptive
cases, illicit enrichment or conflicts of interest cases, it is made available the green line
08009999, and also the electronic post by means of unedenoncoj@hidaa.gov and
info@hidaa.gov.al
In order to raise awarness of the elected and certain public officials that have the legal
obligation to make a declaration of their private interests, HIDAACI has drafted and
published materials that have a preventive character. These materials are provided to the
official website: www.hidaa.gov.al
Administrative measures
During 2013, the High Inspectorate has applied administrative measures for 35 public
officials, for violating the rules in making a declaration.
Considering the tipicality of the work process of HIDAACI, the administrative measures are
applied after the process of submitting the declaration forms at HIDAACI, a process that
finished in the 15th of April 2014.
Referrals to the Prosecution Office
During 2013, there are 0 (zero) cases referred to the Prosecution Office.
Only in March 2014, there are 6 (six) cases, referred to the Prosecution Office of high rank
public officials, respectively 1 (one) Ambassador and 2 (two) Judges, 1 (one) District
Prosecutor, 1 (one) Inspector at High Council of Justice and 1 (one) Inspector of the Taxation
Office, for hidding the assets in considerable amounts; for making a false declaration; for non
declaring the private interest for 2010.
In any case, because of the considerable amounts of money, the General Directorate of the
Prevention of Money Laundering has been notified.
343
Internal Control Service
During September 2013 – April 2014, from investigation structures of service at local and
center level, based on information activity, administration, treatment of complaints of citizens
and preliminary investigation, the material has been referred to the Prosecutor’s Office for
police officers suspected to have committed criminal offenses, concretely:
-
103 criminal cases
-
145 police employees, out of which :
-
1 police employee of high level,
-
3 police employees of middle management level,
-
54 police employees of the first line supervision,
-
71 police employees of operational level,
-
16 civilian employees,
-
9 citizens.
There are in custody 22 police employees, out of which 1 police employee of middle
management level, 7 police employees of the first line supervision, 12 police employees of
operational level, 2 civilian employees and 4 citizens.
Compared statistics for period 1st quarter 2013 – 1st quarter 2014, as the table above:
Statistics for criminal cases with all components
Compared statistics for criminal cases based on types of criminal offences
Period
Januar
y–
March
2013
Januar
y–
March
2014
No of
crimi
nal
cases
No of
polic
e
empl
oyees
33
53
Level
High
Midd
le
mana
geme
nt
First
line of
mana
geme
nt
Opera
tional
civili
an
citi
zen
s
Arrest
ed in
spot
38
-
1
11
23
3
5
11
72
-
-
25
41
6
5
14
344
Period
No. of
cases
criminal
No. of employees
Period
January - March
2013
January – March
2014
33
53
38
72
Type of offences
No. of criminal
cases
January
- Corruption
22
March 2013 offences
January – Corruption
29
March 2014 offences
Management, treatment and review of complaints
% comparative
37 % increase
47 % increase
No.
of
employees
32
45
%
comparati
ve
31.5
%
increase
35.5
%
increase
Information and complaints of citizens for police employees, ranging from unethical
behavior, abuse of power failure or functional, corrupt actions etc. Putting the complaints in
center of the service activity, focusing on:
-
Increased transparency and awareness of contact points of the services with the public
through the distribution of posters not only at the police premises but also in the 12
municipalities all over the country,
-
Management , treatment and handling complaints/ information by the analysis sector
of the service and investigation sectors in the local level,
-
Acquire direct contact with citizens, calling, contacting them at service offices or
even in their private environments (such as houses or jobs) etc.
During the period September 2013 - March 2014 there are administered, reviewed and
handled 198 complaints out of which:
-
In 31 cases there are suggested disciplinary performance against police by competent
structures
-
In 8 cases it is initiated criminal investigation
Activity of Inspections structures of ICS (object for evaluation of the performances of State
Police structures in compliance with requested standard and legislation to guarantee
responsibility, effectively and efficiency of them)
During the reported period inspection structures of ICS have conducted 24 inspections out of
which, 6 order based inspections and 18 non- order based inspections.
345
Order inspections are conducted to:
-
4 inspections at State Administrative Organs (traffic police)
-
1 inspection at Regional Police Directorates of Tirana
-
1 inspection at Regional Border and Migration of Tirana
Inspections out of order are conducted to:
-
1 inspection of the State Police employees files for high, middle and first level of
management at General Directorate of Police, in Lezha 1 inspection for procedures
followed by the Economic Crime Sections across the RPD’s, under the operation "End
of Madness".
-
1 inspection of the implementation of the procedures followed by the General
Directorate of State Police for “advertising spots”,
-
1 inspection on the implementation of procedures relating to information submitted by
the State Information Service, to the ASP.
-
1 inspection of the implementation of the procedures followed by Fier Police
Directorate, concerning the administration of property.
-
1 inspection at Service Center and Asset Management of Transportation, in cooperation
with the General Inspection of the Ministry.
-
1 inspection of the implementation of the procedures followed by the Police Training
Center associated with the tests of general patrol trainees.
-
1 inspection for handling complaints from citizens, a total of 12, respectively RPD
Kukes, Dibra, Tirana and the GDP.
-
1 inspection at personnel structures of Regional Police Directorates of Shkodra
-
1 inspection at personnel structures of Regional Police Directorates of Vlora.
-
1 inspection at financial sector of Regional Police Directorates of Korca.
-
1 inspection at traffic road sector, at Regional Police Directorates of Elbasan.
-
1 inspection at financial sector of Regional Police Directorates of Elbasan.
-
3 inspections for handling complaints from citizens.
-
1 research inspection at Police Station of Fush Kruja
-
1 inspection in cooperation with General Director of Minister of Internal Affairs
346
Conclusions / findings of the inspection team, have served to begin disciplinary performance
by the structures of the Professional Standards Department of State Police for 42 police
officers, out of which 17 have been treated for "severe violation of discipline".
Also observations / findings of the inspection team are used by investigating structures of ICS
as predicate material to the prosecution of 27 police officers charged with "abuse of power"
or "theft through abuse of office". Prosecution has registered criminal proceedings; these
criminal proceedings are currently under investigation. Inspection reports are followed with
conclusions, recommendations for improvement and determination of those responsible for
the relevant structures.
State Police
During 2013, there have been evidenced a total number of 458 criminal offences related to
corruption and crimes of the officials in duty. In these criminal offences, have been
incriminated 709 perpetrators suspected out of which 114 have been arrested/detained, 588
prosecuted while free and 7 have been declared wanted.
Only for corruption there have been evidenced 113 criminal offences, with 197 suspected
perpetrators, out of which 48 arrested/detained, 147prosecuted while free and 2 persons are
declared wanted, or 14 offences more, or 14 % more. Out of which in 72 cases investigations
have initiated by police information. Regarding corruption and officials on duty crimes there
is an increase of their identification and defeat. There have been implemented increasingly
the Special investigation methods (almost in all corruption criminal offences have been
applied these methods). It is worth mentioning the arrest of a judge, prosecutor and other
employees of the judicial system.
Objectives in this field are as follows:
Regarding the identification of corruption cases and officials on duty crimes there is an
increase of 5 %.
An increase with 5 % of the identification of corruption cases.
An increase with 5% of proactive corruption investigations.
Increase with 5% of police operations regarding corruption and officials on duty crimes, with
the use of special investigation techniques.
Objectives achieved during 2013.
2005
Vepra Penale
2006
Korrupsioni dhe Krime të… 2007
2008
2009
2010
347
Corruption Criminal offences
Vepra Penale Korrupsioni2005
2006
2007
2008
2009
113
2
Official on 345
duty crime
Total
458
332
445
19
7
51
2
70
9
Diff. Criminal
Offences
113
wanted
Corruption
While free
Detected
1
Arrested/d
etained
Perpetrators
Identified
No.
CRIMINALITY INDICATORS ON CORRUPTION FOR 2013:
2013
Criminal
Out of which
Offences
48
147
2
+14
66
441
5
+12
11
4
588
7
+26
Proactive Investigations
It has been mainly worked in the field of proactive investigation of corruption. There have
been identified and investigated with proactive methods 81 cases (73 procedural cases and 8
preventive cases) compared to 75 cases (61 procedural cases and 14 preventive cases) of
2012, or 8% proactive investigations more than the last year, according to the fields below:
-
ALEAT company- 1 proactive case
-
Taxes - 4 proactive cases
-
Customs - 3 proactive cases
-
Education - 11 proactive cases
-
Health - 14 proactive cases
-
ALUPIIAC - 2 proactive cases
-
Private Sector – 1 proactive case
348
-
Social insurances – 1 proactive case
-
Local Power – 5 proactive cases
-
METE - 3 proactive cases
-
Justice System – 7 proactive cases
-
Traffic transport - 9 proactive cases
-
ZQRPP+ZVRPP - 4 proactive cases
-
CEZ - 3 proactive cases
-
Administration (Different enterprises, aqueduct est.) 5 proactive cases
Also from the Anti-Corruption Sector there have been followed 8 cases of Preventive
interceptions as follows:
-
Ministry of Finances- 1 case
-
Taxes -3 case
-
Administration- 2 cases
-
Costumes – 2 case
Police Operations:
For the corruption offenses and crimes committed on duty there have been conducted 33
police operations with 98 perpetrators, out of which 79 arrested, 9 prosecuted while free and
10 declared wanted. In comparison with same period of a year ago, there have been
conducted 5 operations more with 7 perpetrators arrested more. Out of which in 29 police
operations there have been successfully used special investigation techniques (from 25
finalized with these techniques a year ago).
Divided according to fields:
- Media- 1 case with 1 perpetrator arrested
-
Justice – 3 cases with 10 perpetrators, 9 perpetrators arrested, and 1 prosecuted while
free.
-
Taxes – 2 cases with 12 perpetrators, 4 arrested 2 prosecuted while free,7 declared wanted
( 1 without techniques);
-
Local Power – 2case, with 6 perpetrators arrested/detained , (1 without techniques);
-
Bank System – 3 cases with 3 perpetrators arrested (2 without special investigation
techniques)
349
-
Private Sector – 2 cases 10 perpetrators 7 arrested 2 prosecuted while free,1 declared
wanted;
-
Labour Office – 1 case with 6 perpetrators, 2 perpetrators arrested, 4 prosecuted while
free.
-
Education – 4 cases with 10 perpetrators, 8 arrested, 2 prosecuted while free.
-
Health Care- 4 cases with 8 perpetrators, 8 arrested.
-
Costumes – 2 cases with 7 perpetrators arrested.
-
Administrate – 2 case with 7 perpetrators, and 7 arrested persons.
-
Road Transport – 1 operation with 2 suspected perpetrators arrested.
-
CEZ – 1 case with 2 perpetrators, and 2 arrested persons.
-
INUK – 2 cases with 5 perpetrators, 3 arrested persons, 2 declared wanted.
-
Oil Sector – one case with 6 perpetrators, 6 arrested persons
-
Red Cross – one case with 4 perpetrators arrested.
-
Social insurance - 1 case with 1 perpetrator arrested
During 2013, there have been organized 15 trainings with 48 beneficiaries from the anti
corruption structures.
OPDAT conducted a training on “Combating corruption in the judiciary and political" joint
training with Prosecutions (JIU), in 6 prosecution office with 28 beneficiaries from the State
Police.
During the period January- March 2014, from the structures against corruption there have
been evidenced 153 criminal offences, out of which 152 identified, where 270 suspected
perpetrators were incriminated, out of which 45 arrested/detained, 225 prosecuted while free
and 2 persons are declared wanted. Only for corruption there have been evidenced 39
criminal offences, (4 in the justice systems) where have been incriminated 68 suspected
perpetrators, out of which 20 arrested/detained, 48 prosecuted while free.
Compared to the first quarter of 2013 there have been evidenced in total for corruption and
officials in duty crimes 32 criminal offences more, where 74 perpetrators were incriminated,
and 19 arrested more. Only for corruption there have been identified 6 criminal offences less,
1 perpetrator suspected more and 7 arrested more.
Police Operation conducted during January- March 2014:
During this period, the anti corruption structures have successfully finalized 13 police
operations, 47 suspected perpetrators, 35 arrested/detained, 12 prosecuted while free. In 10
350
operations there have been used successfully the special investigation techniques; In
comparison with same period of a year ago, there have been concluded 2 police operations
more, 14 incriminated perpetrators more, 9 perpetrators arrested/detained, one police
operation with more techniques.
The operations have been finalized according to the fields as follow:
-
Blood Feud Reconciliation – 1 case with 3 perpetrators arrested/detained.
-
Justice System – 1 case with 1 perpetrator arrested/detained.
-
Aqueduct- 1 case with 2 perpetrators arrested/detained.
-
Education – 1 case with 5 perpetrators, 4 arrested/detained,1 prosecuted while free.
-
The Labour Inspectorate – 1 case with 3 perpetrators arrested/detained.
-
Health Care– 1 case with 2 perpetrators, 1 arrested/detained,1 prosecuted while free.
-
Customs – 1 case with 4 perpetrators, 2 arrested/detained,2 prosecuted while free.
-
Local Power – 3 cases with 19 perpetrators, 15 arrested 2 prosecuted while free,( 2
without techniques);
-
Traffic transport – 1 case with 6 perpetrators, 2 arrested/detained,4 prosecuted while free.
-
Post office – 2case, with 4 perpetrators arrested/detained , (1 without techniques);
Proactive Investigations
During the period January - March 2014 there have been detected 39 criminal offences only
for corruption (4 in the system of justice) out of which 27 proactive cases.
The proactive operations are as follow:
- Costumes – 1 case
Traffic transport - 9 proactive cases
Health care – 1 case
Education -3 case
ALUPIIAC– 1 case
Local Power – 3 cases,
Justice System – 4 cases
Labour Office – 1 case
Agriculture -1 case
Taxes -1 case
Private Sector – 1 case
INUK– 1 case
351
ANNEX III.23.4: ACTIVITIES OF KMDP
Bylaws under process
Draft-Instruction on “Processing of personal data of job applicants”;
Draft-Instruction “On usage of internet and official electronic mail in public institutions
under personal data protection”;
Document (draft) on personal data protection in cloud computing system.
Other important acts
Aiming the unification of legislation and imposing standards with the best practices,
guidelines were drafted and approved; legal opinions were issued for draft/legal acts and
bylaws that were addressed to KMDP.
Pursuant to the Law No. 9887, dated 10.03.2008 “On personal data protection”, as amended,
the Authority of the Commissioner has presented to the Commission of Legal Issues and
Public Administration of the Assembly of Albania the annual Report related to the activity of
the Commissioner for Personal Data Protection for 2013.
In addition, for the following years 2014-2017 the Institutional Strategy was approved,
aiming to crystallize the vision of the Authority of the Commissioner for the next 4 years,
based on a transparent highlighted progress, through priorities translated into concrete
objectives. The action plan attached to this Strategy outlines the key commitments provided
following their deadlines. As above, we would list:
Strategy 2014-2017;
Annual Report on the Commissioner for Personal Data Protection activity for 2013;
Summary with all the practical cases prepared serving for implementing the
instructions approved by the Commissioner for Personal Data Protection, which will
be sent to all the Data Protection Officers;
Guidelines on usage of CCTV;
Guidelines on processing of personal data in public administration;
Guidelines on knowledge concerning biometric data (appendix: biometric data in the
workplace);
Practical Guide for Data Protection Officers;
Changes of the manual “On evaluation of the applications for approval of data
transfer in foreign countries”;
Communication channel between the Commissioner for Personal Data Protection and
the Data Protection Officers;
Questionnaire for small and large processing entities, in the framework of
implementation of Instructions No. 21 and No. 22 approved by the Commissioner;
352
Questionnaire for processing entities, in the framework of international transfer of
personal data;
The document “Privacy protection policy”;
Second volume of the Legal Summary of the Commissioner for Personal Data
Protection;
Additions and amendments of the “Model Confidentiality Declaration” which is also
published on the official website of KMDP.
Proposals for amendments
Draft/law “On notification and public consultation”;
Draft/law “On the access of information”;
Draft/law “On some additions and amendments to the Law No. 9887, dated 10. 03. 2008
“On personal data protection” as amended;
Draft/law “On the Parliamentary oversight of the Intelligent and Security Services ”;
Draft/law “On asylum”;
Draft/law “Administrative Procedures Code of the Republic of Albania”;
Draft/law “On some additions and amendments to the Law No. 8454, dated 04.02.1999
“On Ombudsman”;
Draft/law “On insurance of the deposits”;
Draft/law on “Service of Internal Control in the Ministry of Internal Affairs”;
Draft/ law “On weapons”;
Draft/law “On private security service” ;
Draft/decision “On the criteria and documentation for entries, residency and treatment of
foreigners in the Republic of Albania”;
Draft/decision “On establishing a Unique System of registration, authentification and
identification of users in receiving public services from the electronic systems”;
Draft/decision on “Procedures of exercise of competencies of the Central Inspectorate
and rules for the administration and content of the unique portal “e-Inspection””;
Draft/decision of the Council of Ministers “On registration and identification of insured
persons, from the compulsory health insurance”;
Draft/decision on “Cooperation agreement for the law enforcing agencies, between the
Council of Ministers of the Republic of Albania and the Government of the Republic of
Turkey”;
Draft/decision “On one addition to the decision No. 842, dated 06.12.2006 of the Council
of Ministers, “On approval of authorized institutions for electronic verification of the
legal status and of the self-declaration form”, as amended”;
Draft/decision “On content, procedure and administration of personnel files and of the
central personnel register in state administration institutions, private institutions and local
government entities”;
Draft/agreement of Operational and Strategic Cooperation between the Council of
Ministers of the Republic of Albania/ Ministry of Internal Affairs of the Republic of
Albania and the European Police Office EUROPOL”;
Draft/agreement between the Council of Ministers of the Republic of Albania and the
Government of the Republic of Kosovo, for mutual cooperation in the field of security;
353
Manual for Human Rights of internet users, submitted for opinion from the Ministry of
Foreign Affairs;
Draft/Agreement of international exchange/transfer sent by the Authority of Financial
Supervision;
Legal interpretation on American Law FATCA (Foreign Account Tax Compliance Act);
Draft/Code of broadcasting of the Audiovisual Media Authority;
Draft/regulation “On free of charge broadcasting of the messages of higher public
interest”.
Opinions
Opinion of the Commissioner’s Authority on transparency of publication of the abusing
entities data by public institutions;
Legal Opinion of the Commissioner’s Authority on processing of personal data via
internet, either from public and private controllers “ (Privacy Policy);
Agreements
In the framework of the initiative of a more efficient cooperation with public controller,
Commissioner Authority has signed a series of cooperation agreements. Through these
agreements is aimed to provide assistance in the implementation of legislation on protection
of personal data, the development of joint activities of mutual interest, exchange of
experiences, etc. As above, we list:
Cooperation Agreement between the Authority of the Commissioner for Personal
Data Protection and the Tirana University/ the Rector;
Cooperation Agreement between the Authority of the Commissioner for Personal
Data Protection and the National Chamber of Private Bailiffs;
Cooperation Agreement between the University of New York Tirana and the
Authority of the Commissioner for Personal Data Protection;
Cooperation Agreement between the Authority of the Commissioner for Personal
Data Protection and the National Agency for Information Security;
Cooperation Agreement between the Authority of the Commissioner for Personal
Data Protection and the National Employment Service.
European and International Activities
Evaluated as very important were participations in events abroad, for agendas itself provided
the issues addressed in them, the Commissioner has been almost an inseparable part. Besides,
the attendance certes with positive expectations, should be evidenced the fact that close
cooperation with the project that assisted our authority and results achieved
354
KMDP was awarded second prize by the Association of European Projects (EPA) in
September 2013, the European Project Contest Prizes 2013 in the category "Best Projects
Completed";
Institutional participations refer to:
7th Conference and 7th General Assembly of the Francophone Association of Personal
Data Protection (AFAPDP) 21-22 November 2013, in Marrakesh, Morocco Kingdom;
15th Meeting of the Central and Eastern European Data Protection Authorities, in
Belgrade (Serbia), from 10 to 12 April 2013;
Study visit in Zagreb (Croatia) at the Croatian Personal Data Protection Authority, funded
by TAIEX, from 20 to 21 June 2013;
35th Conference of the Personal Data Protection and Privacy Commissioners, held in
Warsaw, Poland, from 23 to 26 September 2013;
25th Case Handling Workshop “On handling practical cases in the field of personal data
protection”, held in Sarajevo (Bosnia-Herzegovina), 2-3 October 2013;
30th Meeting of the Consultative Committee of the Convention for the Protection of
Individuals with Regard to Automatic Processing of Personal Data [ETS No 108] (T-PD)
from 15 to18 October 2013;
Multi-beneficiary Workshop on data protection auditing with special regard to data
protection seals, held in Skopje, FYR Macedonia, 13-14 February 2014;
Study visit on the Role of Data Protection Officers, in Germany, 14-16 April 2014
16th Meeting of the Central and Eastern European Data Protection Authorities, in Skopje
(FYR Macedonia), from 1 to 3 April 2014;
The Authority always has aimed and aims to be ubiquitous presenting as consolidated both
within the country as well as internationally. In fulfillment of the intentions;
On 28 March 2014, the Authority of the Commissioner for Personal Data Protection
became member of the Global Privacy Enforcement Network (GPEN), which in the
focus of his work has cooperation of the authorities to achieve and to operate in
cooperation to concrete cases of unified standards in the field of personal data
protection.
Our work and role finalized the acceptance of the application to be already the organizers of
an important event and more specifically;
355
The Authority of the Commissioner for Personal Data Protection will be the host of the 17 th
Meeting of the Central and Eastern European Data Protection Authorities, which will take
place in 2015;
The Commissioner for Personal Data Protection has continued the raising awareness activity
of different groups, including data controllers and data subjects with a focus to the youngest,
due to the rapid development of advanced technology and the rapid processing of personal
data in social networks. The new - graphic improved - website has been launched.
In this direction, it has been organized frequent meetings, seminars and trainings, press
releases, interviews with the print and visual media, open hours with students of different
faculties. Special training has been developed with the public administration sector. It is
worth to stress the cooperation of the Commissioner Authority with ASPA, through whom it
has been trained and certified 22 persons on charge of data protection in the public
administration. Topics that have been addressed in the training seminars aimed mainly to
recognize: "The Principles of Personal Data Protection", "The Protection of Personal Data on
the Internet", "The Digital Education", "The Personal Data Protection and Right to
Information", etc.
On the occasion of 28 January 2014, the European Day of Personal Data Protection it has
been organized a national conference with the participation of civil society and all the Heads
of international Institutions in Albania. On the eve of this day it was organized a literary
contest with the theme "Protect privacy" with school students Dora d'Istria in Tirana.
In order to raise awareness among professionals who deal primarily with the field of human
rights but also to students and to all who may be concerned, the Commissioner has approved
and periodically publishes the "Law and Privacy" magazine.
Policy and effects of supervise
The supervisory role over the reporting period (April 2013-May 2014), is successfully
implemented by the Commissioner, through the Directorate of Inspection-Investigation,
through audits and inspections initiated by complaints of personal data, as well as
Administrative Control (ex-officio) pursuant to the Commissioner’s Orders.
Handling of Complaints
Over the Authority, during this period, are submitted a considerable number of complaints,
requests for information and concerns about possible violations (about 60), that were handled
by the Directorate of Inspection-Investigation. To the requesting subjects were given the
proper legal orientation to exhaust their rights initially at the respective controllers and then
be directed to the Commissioner. It resulted that the controllers have fulfilled the legal
requirements of the complainants.
For a substantial part of the complaints (10 complaints more than in the previous report) from
various data subjects, was conducted administrative inspection to verify the violation,
356
obtaining the evidences, their examination, drawing of conclusions for violations found,
taking measures , and providing responses to the subject/s that have complained.
The object of the complaints reviewed and investigated by the Commissioner has been:
The accuracy and information on the data processed and obtaining of the consent for
direct marketing;
The publication and disclosure of personal data in the official website of the courts
and the media;
The use and processing of personal data (images) through the use of videosurveillance cameras (CCTV);
The disclosure of personal data from several public institutions;
The use and processing of biometric data (fingerprint);
Respect for the right of access and rectification, for the personal data of data subjects;
The publication of personal data of complainants in the portal of the Ministry of
Justice (Denounce Corruption).
Administrative Control and inspections (ex-officio) pursuant to the Commissioner’s Orders
Pursuant to its supervisory policy, for this period the Commissioner exercised administrative
controls and inspections in 209 different controllers (about 72 more than in the previous
report). This activity is extended in some districts, such as Tirana, Durrës, Shkodra, Vlora,
Fier, Korca, Peshkopi, Lezha, Saranda, Gjirokastra, etc. The aim of supervision tasks for this
period has been the increase of the number of supervisory activities and expansion of the
control into new fields of the processing of personal data. The findings obtained in the
particular controllers, served to perform risk analysis for the relevant field, by the
intervention of the Authority, realized through various acts (instructions, recommendations,
orders, opinions, etc.), which have served to all controllers of the area (courts, education,
health, etc. ). Areas where administrative control is exercised are:
Banking system;
Public and private healthcare system;
Central state institutions;
Public service institutions;
Law enforcement institutions (police, courts);
Free professions (notary, lawyer) ;
Written and audiovisual media;
Electronic communications.
These controls are focused on the processing of personal data by big data controllers. The
objects of these controls were thematic and aimed to monitor and supervise the processing
based on the law and Commissioner's specific acts, according to the fields. So in this context
have been inspected several important public controller, such as the Ministry of Justice,
Court, Healthcare Insurance Institute, General Directorate of Customs, the Ombudsman, the
General Directorate of Metrology, University Hospital Center etc.
357
There were performed controls in several private controllers in order to verify the processing,
obtaining of the consent, the international transfer of personal data, data processing in the
surveys, development of direct marketing, publishing statistics in the media, as well as to
verify the fulfillment of the obligation to notify. Regarding the obligation to notify is
followed a strategy that, if the controller within 48 hours of initiation of inspection fulfill this
obligation shall not be taken administrative measures with fine. This practice has worked and
in most of the cases the subject has notified and only in one case is applied the fine.
For all the violations found during administrative controls, the Commissioner has come up
with the final acts, in order to terminate the violation, creating legal space by the controller to
ensure data protection, compliance of the processing operations with the principles of the
laws and Commissioner acts.
Fines
Pursuant to the competences of the Commissioner, after the closure of the inspection
procedures and administrative controls, are decided seven penalties for entities belonging to
the field of journalism and media ( 2 ) regarding the disclosure of personal data without their
anonymisation and the deleting upon completion of the purpose, health area ( 1 ) associated
with the data collected disproportionately towards the purpose and not obtaining the consent,
big business ( 4 ) associated with non compliance with the duty to inform the subjects in the
case of consent were exercise direct marketing, drafting acts that guarantee security and
confidentiality, the international transfer in a country without an adequate level of protection
of personal data without the consent of the data subjects without meeting the legal criteria,
non-compliance with the terms of the retention of personal data, non-compliance with the
measures for physical and technical security of personal data and for non compliance with the
duty to notify.
We note that, as opposed to the increased number of administrative controls and inspections,
as well as the complaints received by the Commissioner, the number of fine decisions is
lower from the previous reporting period, this for the primary reason that has resulted and is
observed the immediate action by the controllers, ceasing violations found, which is the goal,
the strategy and policy of the Authority. Only in repeated cases of violation, not taking action
after issuing orders and recommendations and ongoing violations of the rights of individuals,
the authority has seen the inevitable imposition of fines.
Fulfillment of the important obligation of the data controllers and execution of the
notification in the the processing of personal data of the individuals is one of the priority of
our institution.
In this context as a first and estimated step with expectation is the intensiv continuation of the
process of sensibilisation of the data controllers in the implementation of the cooperation
agreement concluded between the Commissioner for Personal Data Protection (CPDP) and
National Registration Center (NRC). In this attention the Registration Department has sent
about 1480 official awareness raising letters addressed to data controllers. The total numbers
of these letters, including both private and public sector is 17556.
358
Also, another way of sensibilisation resulted positive, is also sending e-mails to many of
important data controllers such as Pharmacy. In this way are sent 773 sensibilisation e-mails.
We have signed cooperation agreements with National Employment Service, in order to
sensitize the data controllers, bringing from NES the physical and electronic list of subjects
that it holds. We have sent 327 sensibilisation e-mails.
We had priority and we have given assistance to the data controllers that notified, to fulfill
correctly the noftification form. This assistence was offered throught electronic
communications (about 600 assistances), e-mails (about 70 clarification via e-mails), and also
engaging in front desk help the representatives of these data controllers in the Office of the
Commissioner (about 140 meetings).
Also, in the implementation of the cooperation agreement signed by the Ministry of
Education and Science and our Institution, we have continued our work during this period
with activities in the education sector too. In this way, we had meetings in the Education
Department of Berat, Lezhe, Permet and also with the Education Department of the District
Council of Tirana.
Menagement of notifications and registration of data controllers
We have reviewed the notifications, the requests for additional information; additional
informations came from data controllers, renewal declaration of notification and also
responding to the letters.
The number of notifications income from data controllers in this period has been 715, of
which 46 were non profit organizations, 251 were public subjects and 418 private subjects.
The total number of notifications reached 4227.
The number of controllers registered in this period is 699, of which 45 are non profit
organizations, 250 are public subjects and 404 private subjects. The total number of
notifications reached 4176.
Monitoring Mission
The Result-Oriented Monitoring Mission, that was carried out by European Commission
monitors from 15th to 18th October 2012, two months before the end of the Project awarded
the Project “Strengthening of the Data Protection Commissioner Office in Albania for
Alignment with European Union Standards” three “As” for “efficiency of implementation”,
“effectiveness” and “impact prospects” and two “Bs” for “relevance and quality of
design” and “potential sustainability”.
Contact Persons (Data Protection Officers)
IPA Project activities in particular were related to:
359
Drafting of a specialized Training Curriculum for the public sector’s data protection
officers;
Implementation of a pilot phase of specialized training for data protection officers, where
38 Data Protection Officers from Ministries and depending Institutions were trained. Also
KMDP has trained 22 employers in collaboration with ASPA. In total, number of
certified employee in Public Administration reached 60.
Development of a Practical Guide for the Data Protection Officers
It is important to note that the contact persons for the protection of personal data have a
special role in institutions where they exercise their functions, serving as a bridge between
their institutions and KMDP. They follow the issues and inform the Commissioner, require
opinions on certain cases and the Commissioner updates with the latest releases and certainly
holds frequent connections with them.
360
ANNEX III.24.1: TRAINING CONDUCTED FOR THE PERIOD 01 SEPTEMBER
2013 TO 31 MARS 2014
No.
Trainings
01 September 2013- 31 Mars 2014
Initiation
1.
Control of foreigners within territory
03.09.2013
2.
17.10.2013
Schengen procedures
17.10.2013
3.
The survival on the streets of officer
4.
Dogs instructors training
5.
Specific knowledge of maritime
24.09.2013
operational communication
02.09.2013
02.09.2013
30.09.2013
6.
Forgery of documents
12.02.2014
13.02.2014
09.09.2013
16.09.2013
7.
04.11.2013
Green border
11.11.2013
20.01.2014
27.01.2014
8.
9.
10.
On the selection of irregular foreign
citizens at the border or in the 12.09.2013
territory
Specific knowledge of maritime
24.09.2013
operational communication.
Diversity, equality and implication”.
30.09.2013
23.09.2013
361
terminat Participa The
ion
nts
organizer
03.09.20
15
BMD
13
18.10.20
13
40
BMD
18.10.20
13
06.09.20
7
BMD
13
21.12.20
3
DPI
13
25.09.20
15
BMD
13
04.10.20
B.P German
13
Embassy
12.02.20
Canadian
31
14
13.02.20
14
13.09.20
13
20.09.20
13
08.11.20
13
15.11.20
13
24.01.20
14
31.01.20
14
12.09.20
13
25.09.20
13
04.10.20
13
27.09.20
Embassy
Canadian
94
EXBS
20
BMD
UNHCR
15
BMD
30
1
OSBE
11.
12.
Awareness training for Hate Crime
30.09.2013
08.10.2013
Detection of the stolen cars in BCP
22.10.2013
13.
14.
Preparation of Strategic Police
25.11.2013
Documents for community policing
Course 4 monthly basis of Border
18.11.2013
Police
15.
Advanced Course of the Coast Guard
16.
The exchange of information for
18.12.2013
counterfeit travel documents
The prevention of radioactive
18.12.2013
substances at the border
The third phase of the Schengen
Evaluation
27.01.2013
17.
18.
19.
Training with the officers
operational rooms of BDM
20.
20.01.2014
Narcotic substances and explosive
Implementation of the law and
strengthening of leadership and law
07.04.2014
enforcement tactics
21.
22.
Cooperation with EUROPOL
23.
The recognition
website
of
28.10.2013
with Aula Virtual
/Maritime
31.01.2014
13
30.09.20
13
08.10.20
13
22.10.20
13
26.11.20
13
10.03.20
14
08.11.20
13
20.12.20
13
19.12.20
13
31.01.20
14
31.01.20
14
02.05.20
14
3
OSBE
40
BMD
6
ICITAP
20
BMD
16
EXBS
1
PCCSEE
1
EXBS
5
OSBE
25
State Police
1
DPI
23.05.20
14
5
ILEA
Budapest
03.02.2014
04.02.20
14
1
PAMECA IV
25.02.2014
25.02.20
14
20
BMD
24.
Boarding
Operations
Interdiction Operation
09.12.2013
14.12.20
13
8
25.
Training for Dive Master and Diving
28.10.2013
Exercise
07.11.20
13
8
362
NMIOTC
NATO
Maritime
Interdiction
Operational
Training
Centre
Durrës
Netherlands’
Royal Navy
Naval Forces
28 .04.2013
01.05.20
13
15
09.09.2013
13.09.20
13
10
09.09.2013
20.09.20
14
2
26.
Planning of Maritime Operations
27.
Training
for Surveillance
Communication Systems
28.
Operation of Maritime Safety
29.
International Course for Defense
05.10.2013
Management
30.
War College
31.
Joint Exercise “Albanian Lion”
Maritime Interdiction Operation and 08.08.2013
Boarding Operation
02.09.20
13
25
32.
Joint Exercise “Dragon Hammer”
SAR, Hot Perused, Fast Boat Attack.
18.09.2013
02.10.20
13
15
33.
Civil Military Cooperation
07.04.2014
18.04.20
14
1
34.
The war Against Norco Traffic
28.03.2014
11.04.20
14
1
35.
Maritime Terrorism
31.03.2014
36.
International
Maritime
Officers
10.03.2014
Course
Training with the GUNSTON HALL
Warship
of
6th
US
fleet.
02.03.2014
Communication and Surveillance
Exercise.
37.
and
12.02.12013
17.02.2014
38.
Training with Simulation Center at
the Ministry of Defense
20.02.2014
24.02.2014
25.02.2014
363
13.12.20
13
30.06.20
14
04.04.20
14
-----------
- Vlorë
NATO
Maritime
Command
Northwood,
Durrës
NATO
Maritime
Command
Northwood,
Durrës
Turkish
Navy
Istanbul
1
USA
1
France
1
Albanian
Navy
and
Royal Navy
Albanian
Navy
and
Royal Navy
Turkish
Navy
Marshall
Center
Germany
Turkish
Navy
1
USA
03.03.20
14
20
Albania
Naval Force
and US Navy
18.02.20
14
21.02.20
14
28.02.20
14
25.02.20
14
16
IMOC
39.
40.
41.
42.
43.
44.
45.
Training with vessel GUNSTON
HALL of 6th US fleet
Daily training in order to increase the
qualification staff of operating room
Regional Workshop on Fundamentals
of Strategic Trade Control
Recognition and innovation in the
law "For the Foreigners"
Training for the persons who works
with radar
The unification of activities for
statistical data
Recognition with the innovations of
the Law on the protection of data
46.
Inspection of the crime scene
Total trained
02.03.2014
01.02.2014
17.03.2014
05.03.2014
03.03.2014
18.03.2014
03.03.20
14
31.03.20
14
21.03.20
14
05.03.20
14
28.03.20
14
18.03.20
14
19
IMOC
35
IMOC
1
EXBS
15
BMD
5
Delta Force
5
DCDPE
12.03.2014
12.03.20
14
1
DCDPE
27.03.2014
27.03.20
14
20
BMD
453 employees of BMP
364
ANNEX III.24.2: CURRENT STATISTICS ON ASYLUM SEEKERS
8
EU (European
EU27
Union, EU - 27)
Belgium
Bulgaria
BE
BG
Iran
IR
8
3
3
5
5
Feb-14
Request for asylum
Total
Male
Female
Unknown
Age
Age
Age
Age
365
Unknown
65 +
35-64
18-34
14-17
0-13
Total
Unknnown
65 +
35-64
18-34
Unknown
Age
14-17
0-13
Total
Unknown
65 +
35-64
18-34
Female
Age
14-17
0-13
Total
EUR
Unknown
EUROPE
65 +
TOTAL
35-64
TOTAL
18-34
CODE
Total
Citizenship
Male
Age
14-17
Request for asylum
0-13
Jan-14
Total
Age
Citizenship
CO
DE
TOTAL
TO
TA
L
34
3
366
31
65 +
Unknown
Unknown
14-17
0-13
Total
Unknown
65 +
35-64
18-34
14-17
0-13
Total
Unknown
65 +
35-64
18-34
14-17
0-13
Total
Unknown
65 +
35-64
18-34
14-17
0-13
Total
65 +
Unknown
Age
35-64
1
35-64
EU (European EU2
Union, EU - 27) 7
18-34
3
18-34
14-17
0-13
Female
Age
Total
Unknown
65 +
Male
Age
2
35-64
3
18-34
1
0-13
14-17
2
Total
Unknown
65 +
March 2014
Total
Age
1
35-64
2
18-34
2
14-17
3
0-13
Request for asylum
5
Total
RKS
5
/ XK
Unknown
Kosovo
65 +
BE
BG
35-64
Belgium
Bulgaria
18-34
EUROPE
TO
TA
L
EU
R
0-13
14-17
TOTAL
CO
DE
Total
Citizenship
EUROPE
EU
R
EU (European EU2
Union, EU - 27) 7
Belgium
Bulgaria
Iran
BE
BG
34
1
IR
Final removal decision
January – March 2014
3
2
1
1
3
2
31
3
0
1
REFUSED
REFUGEE
STATUS
REFUSED
ADDITIONAL
PROTECTION
STATUS
REFUSED
TEMPORARY
PROTECTION
STATUS
REFUSED
AUTHORIZATION
FOR
HUMANITARIAN
PURPOSE
RESIDENCE
(persons)
(persons)
(persons)
(persons)
Total
Total
Total
Total
REFUSED
(all)
CITIZENSHIP
CODE
Total
TOTAL
TOTAL
1
EUROPE
EUR
367
EU (European Union, EU
EU27
- 27)
Belgium
Bulgaria
China
BE
BG
…….
1
368
ANNEX III.26.1: LEGISLATIVE DEVELOPMENTS IN THE FIELD OF PRE-UNIVERSITY EDUCATION
No.
1.
Name
For appointment and dismissal
Type of Act
Guideline
Institution
MES
No. of Act
No. 41
Adoption Date
19.09.2013
Implementation Date
19.09.2013
procedures for teachers at public
education institution
Higher Education
No.
1
Name
Type of Action
For the admission quota and
Decision of Council of
education fees in public higher
Minister
Institution
No. of Act
Adoption Date
Implementation Date
Council of Ministers
No. 674
07.08.2013
7.08.2013
Guideline
MES
No. 47
29.8.2013
29.08. 2013
DCM
Council of Ministers
No. 744
05.09.2013
05.09.2013
education institutes,
first cycle of studying
part time and for distant
education for academic year
2013-2014
2
For the procedures of admission
and registration at first cycle of
studies part time education and
education in distance in public
institutions of higher education
and for transfer of studies for
academics year 2013-2014
3
For quotas of admission and
school fees in public institutions
of higher education second cycle
of studies full time “Professional
Master” and “Master of
369
Sciences” for academic year
2013-2014
4
For admission and registration
Guideline
MES
No. 49
06.09.2013
06.09.2013
DCM
Council of
No. 743
05.09.2013
05.09.2013
procedures for the second cycle
of full time studies
“Professional Master and Master
of Sciences” for the academic
year 2013-2014
5
For acceptance quota and school
fees in public higher
Ministers
education institutions second
cycles of studies, part time
“Professional Master” for
academic year 2013-2014
6
For procedures of admission and
Guideline
MES
No. 50
20.09.2013
20.09.2013
DCM
Council of
No. 843
27.09.2013
27.09.2013
No. 742
05.09.2013
05.09.2013
registration in the second cycle
of part time studies
“Professional Master” for
academic year 2013-2014
7
For defining the area of state
responsibility of the Ministry of
Ministers
Education and Sports
8
For allowing the Ministry of
Education and Sports to conduct
DCM
Council of
Ministers
the procurement
procedure for internet
service in schools and
institutions of pre-university
educations and for the publishing
370
of every kind of
procurement for this service
9
For revocation of guidance no.
Guideline
MES
No. 53
28.10.2013
28.10.2013
Order
MES
No. 450
30.10.2013
30.10.2013
Guideline
MES
No. 59
02.12.2013
02.12.2013,
Order
Prime Minister
No. 97
21.02.2014
21.02.2014
29, date 28.9.2009 of the
minister of education and science
for a change in guidance no. 12
date 18.3.2009 of the minister of
education and science on the
creation of a state register of
diplomas and certifications for
higher education and scientific
research
10
For suspension of registers of
forms of diploma for nonaccredited study programmes
11
For some changes in guidance
no. 14, date 09.07.2013 of the
minister of education and science
“For the procedure of
accepting and registering in
study programmes of the first
and second cycle offered by
private higher education
institutes and for transfer of
studies in these institutions for
academic year 2013-2014
12
For approval of the structure and
organics of the State
Inspectorate of Education
371
13
For establishing and functioning
Order
MES
No. 71
05.03.2014
05.03.2014
Order
MES
No. 499
04.12.2013
04.12.2013
Guideline
MES
No. 1
13.01.2014
13.01.2014
Guideline
MES
No. 14
09.07.2013
09.07.2013
of the working group supporting
the reform in higher education
and the activity of the
commission of high education
and technical secretariat.
14
For establishment of the
working group to draft the
inspection and oversight
regulation for higher education
institutions in the country
15
On some changes in guidance of
the minister of education
and sports no. 17, date
31.07.2012 “For the procedure
of acceptance a of
acceptance and registration in the
study programmes of
acceptance and registration of the
first and second cycle full
time offered by private higher
education institutions and for
transferring of studies for
academic year 2012-2013
16
For the procedure of acceptance
and registration in
fist and second cycle of studies
offered by private institutions of
higher education and for
372
transferring of studies in these
institutions for academic year
2013-2014, changed
17
“For a change in guidance of the
Guideline
MES
No. 5
11.03.2014
11.03.2014
Order
MES
No.18
29.01.2014
29.01.2014
Order
MES
No. 106
Minister of Education and
Science No. 14, date 09.07.2013
“ On the procedure of acceptance
and registration in study
programmes of the first and
second cycle offered by private
education of higher education
institutes and for transferring of
studies in this institutions for
academic2013-22014”, as
changed.
18
For a change in order no. 82 date
22.02.2011 of the minister of
education and science “For reorganization of the state exam for
regulated professions in the
Republic of
Albania
19
For conducting control regarding
law enforcement by public and
non public higher education
institutions.
373
28.03.2014
ANNEX III.31.1: LIST OF COMMON POSITIONS OF ALBANIA WITH EU
1 September 2013 – 31 March 2014
1. Climate change: EU submission on Nairobi Work Program, 1 September 2013;
2. EU submissions on financial mechanism and on response measures, 9 September 2013;
3. Climate change: EU submissions to the UNFCCC Secretariat, 12 September 2013;
4. Climate change: EU submissions to the UNFCCC Secretariat, 15 September 2013;
5. Climate change: EU submission on NAP process, 18 September 2013;
6. Joint Declaration by Thorbjørn Jagland, Secretary General of the Council of Europe and
HR/VP Catherine Ashton on the European and World Day against the Death Penalty, 10
October 2013, 20 September 2013;
7. Climate change: EU submission on methodological issues, 30 September 2013;
8. EU submission on the 2nd Structured expert Dialogue, 17 October 2013;
9. EU submission on loss and damage, 22 October 2013;
10. EU submission on revision of the UNFCCC reporting guidelines on annual inventories, 7
November 2013;
11. Draft HR Declaration on behalf of the EU on the alignment of certain third countries with
Council Decision 2013/534/CFSP amending Council Decision 2012/642/CFSP concerning
restrictive measures against Belarus, 7 November 2013;
12. Declaration by the HR on behalf of the EU on the First Round of Presidential Elections in the
Maldives on 9 November 2013, 18 November 2013;
374
13. HR Declaration on behalf of the EU on the Presidential elections in the Maldives on 16
November 2013, 26 November 2013;
14. Declaration on the Legislative Elections in Bangladesh - HR declaration on behalf of the EU,
10 January 2014;
15. Declaration by the High Representative, Catherine Ashton, on behalf of the European Union
on the alignment of certain third countries with the Council Decision 2014/49/CFSP
amending Decision 2011/72/CFSP concerning restrictive measures against Tunisia, 14
February 2014;
16. Views from Annex I Parties on their experience with reporting the first biennial reports.
Submission by Greece and the European Commission on behalf of the European Union and
its Member States, 19 February 2014;
17. Work program on the revision of the guidelines for the review of biennial reports and
national communications, including national inventory reviews, for developed country
Parties. Views on the structure, outline, key elements and content of the review guidelines for
annual greenhouse gas inventories. Submission by Greece and the European Commission on
behalf of the European Union and its Member States, 19 February 2014;
18. Declaration by the High Representative, Catherine Ashton, on behalf of the European Union
on the Zimbabwe-EU relations review, 20 February 2014;
19. EU submission on Views on specific possible additional LULUCF activities under the CDM
and specific alternative approaches to addressing the risk of non-permanence under the
CDM, to be included in the consideration of modalities and procedures for possible
additional LULUCF activities under the clean development mechanism (CDM) and
modalities and procedures for alternative approaches to addressing the risk of nonpermanence under the CDM. Submission by Greece and the European Commission on behalf
of the European Union and its Member States, 27 February 2014;
20. EU submission: The 2015 Agreement – Priorities for 2014. 27 February 2014;
21. Declaration by the High Representative, Catherine Ashton, on behalf of the European Union
on the alignment of certain third countries with the Council Decision 2014/74/CFSP of 10
375
February 2014, amending Decision 2013/255/CFSP concerning restrictive measures against
Syria, 28 February 2014;
22. Declaration by the High Representative, Catherine Ashton, on behalf of the European Union
on the alignment of certain third countries regarding Anti-Homosexuality Act in Uganda, 6
March 2014;
23. Declaration by the High Representative on behalf of the European Union on the alignment of
certain third countries with Council Implementing Decision 2014/41/CFSP implementing
Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya, 6
March 2014;
24. Declaration by the High Representative on behalf of the European Union on the alignment of
certain third countries with the Council Decision 2014/98/CFSP amending Council Decision
2011/101/CFSP concerning restrictive measures against Zimbabwe, 6 March 2014;
25. Declaration by the High Representative on behalf of the European Union on the alignment of
certain third countries with the Council Implementing Decision 2014/24/CFSP implementing
Council Decision 2012/642/CFSP concerning restrictive measures against Belarus, 6 March
2014;
26. EU submission on Research Dialogue, 7 March 2014;
27. Statement on behalf of the EU and its Member States - The fourth part of the second session
of the Ad Hoc Working Group on the Durban Platform for Enhanced Action, 11 March 2014;
28. EU closing statement delivered in Bonn (ADP 2-4) on Climate Change, 18 March 2014;
29. EU submission on the second review of the Adaptation Fund, 24 March 2014;
30. EU submission on REDD+/Non carbon benefits, 25 March 2014;
31. EU submission on the review of the SED – Structured Expert Dialogue for 2013-2015, 25
March 2014;
376
32. Declaration by the High Representative on behalf of the European Union on the alignment of
certain third countries with the Council Decision 2014/145/CFSP concerning restrictive
measures in respect of actions undermining or threatening the territorial integrity, sovereignty
and independence of Ukraine, 25 March 2014;
33. Declaration by the High Representative on behalf of the European Union on the alignment of
certain third countries with the Council Decision 2014/153/CFSP amending Decision
2011/172/CFSP concerning restrictive measures directed against certain persons, entities and
bodies in view of the situation in Egypt; 28 March 2014;
34. Declaration by the High Representative on behalf of the European Union on the alignment of
certain third countries with the Council Decision 2014/151/CFSP concerning implementing
Council Decision 2014/145/CFSP concerning restrictive measures in respect of actions
undermining or threatening the territorial integrity, sovereignty and independence of Ukraine,
31 March 2014.
377
ANNEX III.31.2: LIST OF EU SPONSORED DECLARATIONS THAT ALBANIA HAS
ALIGNED TO UNDER THE UN BODIES
Period of reporting: 1 September 2013 – 31 March 2014
List of EU sponsored declarations during the UN Meetings in New York
1. The Role of Credit Rating Agencies in the International Financial System. High Level
Thematic Debate, 67th Session of General Assembly of UN, 10 September 2013;
2. EU statement on organization of work. 5th Committee of the 68th Session of the General
Assembly of UN, 3 October 2013;
3. Scale of assessment for the apportionment of the expenses of the UN. 5th Committee of
the General Assembly, 4 October 2013;
4. General Debate. 1st Committee of the General Assembly, 7 October 2013;
5. Item 27 of the Daily Agenda – EU Statement on Social Development. 3rd Committee of
the General Assembly, 7 October 2013;
6. Statement on behalf of the European Union and its Member States. 2nd Committee of the
General Assembly, 9 October 2013;
7. Organizational meeting: Statement on behalf of the European Union and its Member
States. 2nd Committee of the General Assembly, 9 October 2013;
8. Item 108 and 109 of the Daily Agenda - EU statement on crime prevention and criminal
justice and international drug control. 3rd Committee of the General Assembly, 9 October
2013;
9. Item 85 of the Daily Agenda - The Rule of Law at the National and International Levels.
6th Committee of the General Assembly, 9 October 2013;
10. Item 134 of the Daily Agenda – Program budget for the biennium 2014-2015:
International Public Sector Accounting Standards. 5th Committee of the General
Assembly, 11 October 2013;
11. EU Statement on the Report of the Special Committee on the Charter. 6 th Committee of
the General Assembly, 11 October 2013;
12. Item 28 of the Daily Agenda - EU statement on Advancement of Women. 3rd Committee
of the General Assembly, 11 October 2013;
13. EU statement for operational activities. 2nd Committee of the General Assembly, 14
October 2013;
378
14. Item 60 of the Daily Agenda - Statement by the European Union on the question of
Western Sahara. 4th Committee of the General Assembly, 14 October 2013;
15. General Assembly – Common debate: EU Statement on the Reports of the International
Tribunal for the Former Yugoslavia and of the International Criminal Tribunal for
Rwanda, 14 October 2013;
16. Item 17 of the Daily Agenda - Macroeconomic policy questions; Item 18 of the Daily
Agenda - Follow-up to the International Conference on Financing for Development. 2nd
Committee of the General Assembly, 16 October 2013;
17. Item 78 of the Daily Agenda - EU statement on “Criminal accountability of United
Nations officials and experts on mission”. 6th Committee of the General Assembly, 16
October 2013;
18. EU Statement on the program of assistance in the teaching, study, dissemination and
wider appreciation of international law. 6th Committee of the General Assembly, 16
October 2013;
19. Item 65 of the Daily Agenda - EU Statement on the rights of the Child. 3rd Committee of
the General Assembly, 16 October 2013;
20. Item 136 of the Daily Agenda - Improving the financial situation of the UN. 5th
Committee of the General Assembly, 17 October 2013;
21. Open Debate of the Security Council. Women, Peace and Security: Women, Rule of Law
and Transitional Justice in Conflict-Affected Situations. 18 October 2013;
22. Items 89 to 107 of the Daily Agenda - EU Statement on Other Weapons of Mass
Destruction. 1st Committee of the General Assembly, 21 October 2013;
23. Item 22 of the Daily Agenda - Groups of countries in special situation, Least Developed
Countries (LDCs) – Landlocked Developing Countries (LLDCs). 2nd Committee of the
General Assembly, 21 October 2013;
24. Item 66 of the Daily Agenda - EU statement on the rights of indigenous peoples. 3rd
Committee of the General Assembly, 21 October 2013;
25. EU Statement for Debate on ICT for Development. 2nd Committee of the General
Assembly, 22 October 2013;
26. EU Statement on “Peaceful Uses of Outer Space”. 4th Committee of the General
Assembly, 22 October 2013;
27. EU Statement on Disarmament machinery. 1st Committee of the General Assembly, 22
October 2013;
379
28. Open Debate of the Security Council. EU statement at the UNSC Open Debate on the
situation in the Middle East, including the Palestinian question, 22 October 2013;
29. Item 69 (a), (d) of the Daily Agenda - EU statement on the Implementation of human
rights instruments and the comprehensive implementation of and follow-up to the
Vienna Declaration and Program of Action. 3rd Committee of the General Assembly, 22
October 2013;
30. Items 89 to 107 of the Daily Agenda - EU Statement on Conventional Weapons. 1st
Committee of the General Assembly, 23 October 2013;
31. Items 89 to 107 of the Daily Agenda - EU Statement on Outer Space. 1st Committee of
the General Assembly, 25 October 2013;
32. Item 49 of the Daily Agenda - EU Statement on “Effects of Atomic Radiation”. 4th
Committee of the General Assembly, 25 October 2013;
33. Item 25 of the Daily Agenda - EU Statement on Agricultural Development, Food
Security and Nutrition. 2nd Committee of the General Assembly, 28 October 2013;
34. EU Statement in the Peacekeeping segment of the Fourth Committee. 4th Committee of
the General Assembly, 28 October 2013;
35. Item 134 of the Daily Agenda - Proposed Program budget: biennium 2014-2015. 5th
Committee of the General Assembly, 28 October 2013;
36. Item 26 of the Daily Agenda - EU Statement: Towards global partnerships. 2nd
Committee of the General Assembly, 29 October 2013;
37. Item 69 (b), (c) of the Daily Agenda - EU statement on Human rights questions,
including alternative approaches for improving the effective enjoyment of human rights
and fundamental freedoms and human rights situations and reports of special rapporteurs
and representatives. 3rd Committee of the General Assembly, 30 October 2013;
38. Items 89 to 107 of the Daily Agenda - EU Explanation of Vote on draft Resolution “The
risk of nuclear proliferation in the Middle East”. 1st Committee of the General Assembly,
31 October 2013;
39. EU statement on the report of the Criminal Court. General Assembly – General Debate
on the report of the International Criminal Court. 31 October 2013;
40. EU Statement on the protection of persons in the event of disasters EU. 6th Committee of
the General Assembly, 1 November 2013;
41. EU Statement on the Provisional Application of Treaties. 6th Committee of the General
Assembly, 4 November 2013;
380
42. EU Statement on Formation and evidence of Customary International Law. 6th
Committee of the General Assembly, 4 November 2013;
43. Item 19 of the Daily Agenda – EU Statement on Sustainable Development. 2nd
Committee of the General Assembly, 4 November 2013;
44. Item 19 of the Daily Agenda – EU Statement on Racism. 3rd Committee of the General
Assembly, 4 November 2013;
45. Resolution on the Report of the IAEA. Plenary Session of the 68th Session of General
Assembly of UN, 5 November 2013;
46. EU Statement on UNRWA. 6th Committee of the General Assembly, 6 November 2013;
47. Item 143 of the Daily Agenda - Administration of justice at the United Nations. 6th
Committee of the General Assembly, 6 November 2013;
48. Item 17(a) of the Daily Agenda - Macroeconomic Policy Questions: International Trade
and Development EOV on Resolution “Unilateral Economic Measures as a means of
Political and Economic Coercion against Developing Countries”. 2nd Committee of the
General Assembly, 8 November 2013;
49. Item 53 of the Daily Agenda - Report of the Special Committee to Investigate Israeli
Practices Affecting the Human Rights of the Palestinian People and other Arabs of the
Occupied Territories. 4th Committee of the General Assembly, 8 November 2013;
50. Item 64 of the Daily Agenda - EU Statement on the Eighth Report of the Human Rights
Council. 3rd Committee of the General Assembly, 13 November 2013;
51. Item 143 of the Daily Agenda - Common System. 5th Committee of the General
Assembly, 13 November 2013;
52. Activities of the Committees established pursuant to Resolutions 1267 (1999)/1989
(2011), 1373 (2001) and 1540 (2004). Open Debate of the Security Council of the UN, 14
November 2013;
53. Item 166 of the Daily Agenda - EU Statement on the Report of the Committee on
Relations with the Host Country. 6th Committee of the General Assembly, 15 November
2013;
54. Item 37 of the Daily Agenda - General Assembly plenary meeting on the situation in
Afghanistan, 20 November 2013;
55. Letter of the EU on the International Day of Solidarity with Palestinian People. 4 th
Committee of the General Assembly, 25 November 2013;
381
56. EU Statement on the Question of Palestine. Plenary Session of the 68th Session of
General Assembly of UN, 25 November 2013;
57. Item 139 of the Daily Agenda - Human Resources Management. 5th Committee of the
General Assembly, 25 November 2013;
58. Item 121 and 122 of the Daily Agenda: Implementation of the Resolutions of the General
Assembly and Revitalization of the work of the General Assembly. United Nations
General Assembly, 4 December 2013;
59. EU Statement at the Security Council Debate on “UNAMA” (Afghanistan). Security
Council of the UN, 17 December 2013;
60. EU Statement on the World against Violence and violent extremism. United Nations
General Assembly, 18 December 2013;
61. EU Statement on “The situation in the Middle East, including the Palestinian question”.
Security Council Open Debate, 20 January 2014;
62. EU Statement at the Security Council Open Debate on “War, its lessons, and the search
for a permanent peace”. Security Council of the UN, 29 January 2014;
63. EU Statement on “Protection of civilians in armed conflict”. Open Debate of the Security
Council of the UN, 12 February 2014;
64. EU Statement at the 272nd meeting of the Special Committee on the Charter. Special
Committee on the Charter of the United Nations and on the strengthening of the role of
the Organization, 18 February 2014;
65. EU Statement on the promotion and strengthening of the Rule of Law in the maintenance
of international peace and security. Open Debate of the Security Council of the UN, 19
February 2014;
66. EU Statement at the General debate of the Substantive Session of the Special Committee
on Peacekeeping Operations. Special Committee on Peacekeeping Operations, 24
February 2014;
67. EU Statement on the humanitarian situation in Syria. Informal meeting of the Plenary of
the UN General Assembly, 25 February 2014;
68. EU Statement at the General Debate of ECOSOC 2014 Operational Activities Segment.
ECOSOC/OAS2014, 26 February 2014;
69. 5C Organization of Work. 1st Resumed Session, 5th Committee of the General Assembly,
3 March 2014;
382
70. Revitalization of the work of the General Assembly. First Meeting of the Ad Hoc
Working Group on the Revitalization of the work of the General Assembly, 3 March
2014;
71. The Contributions of Women, the Young and Civil Society to the post-2015
Development Agenda. UN General Assembly, 6 March 2014;
72. Children and Armed Conflict. UN Security Council, 7 March 2014;
73. General discussion. 58th session of the Commission on the Status of Women, 10 March
2014;
74. Item 132C of the Daily Agenda - Civilian Capacity. 1st Resumed Session, 5th Committee
of the General Assembly, 11 March 2014;
75. EU Statement on Afghanistan. UNSC Debate on UNAMA, 17 March 2014;
76. Item 134 of the Daily Agenda - Program Budget for biennium 2014-2015. 1st Resumed
Session, 5th Committee of the General Assembly, 20 March 2014;
77. Financing for Development – First informal consultations. Financing for Development
Conference (First informal Consultations), 20 March 2014;
78. EU statement on Revitalization of the work of the General Assembly - The role and
authority of the General Assembly. First Thematic Meeting of the Ad Hoc Working
Group on the Revitalization of the work of the General Assembly, 21 March 2014;
79. EU Statement on Peacebuilding Commission. General Assembly, 21 March 2014;
80. Item 134 (i) of the daily agenda - Strengthening and Enhancing the effective functioning
of the human rights treaty body system – Program Budget Implications of draft resolution
A/68/L.37. 1st Resumed Session, 5th Committee of the General Assembly, 26 March
2014;
81. EU statement on “Territorial integrity of Ukraine”. General Assembly, Agenda item 33
(b) - Prevention of armed conflict: strengthening the role of mediation in the peaceful
settlement of disputes, conflict prevention and resolution, 27 March 2014;
82. Long Term Accommodation Needs of UNHQ. 1st Resumed Session, 5th Committee of the
General Assembly, 26 March 2014.
List of EU sponsored declarations during the UN Meetings in Geneva
During the Meetings of the 24th Session of the Committee on Human Rights (9 - 27 September
2013):
383
1. EU Statement for Agenda Item 2: Update by the HC followed by General Debate;
2. General Debate: Item 3, Promotion and protection of all human rights, civil, political,
economic, social and cultural rights, including the right to development;
3. General Debate: Item 4, Human Rights that require the Council’s attention;
4. General Debate: Item 5, Human Rights Bodies and mechanisms;
5. General Debate: Item 6, Universal Periodic Review;
6. General Debate: Item 8, Follow-up to the Vienna Declaration and Program of Action;
7. General Debate: Item 9, Racism, racial discrimination, xenophobia and related forms of
intolerance, follow-up and implementation of the Durban Declaration and Program of
Action;
8. General Debate: Item 10, Technical assistance and capacity-building.
During the Meetings of the 25th Session of the Committee on Human Rights (19 - 27 March
2014):
1. Item 5: General Debate (GD) Human Rights bodies and mechanisms, 19 March
2014;
2. Item 6: GD Universal Periodic Review, 21 March 2014;
3. Item 8: GD Follow-up and implementation of the Vienna Declaration and Plan of
Action, 24 March 2014;
4. Item 9: GD Racism, racial discrimination, xenophobia and related forms of
intolerance, follow-up and implementation of the Durban Declaration and
Program of Action, 25 March 2014;
5. Item 2: Promoting reconciliation and accountability in Sri Lanka, Report of the
Office of the United Nations High Commissioner for Human Rights, 26 March
2014;
6. Item 10: GD Technical assistance and capacity-building, 26 March 2014;
7. Item 4: General Comment on Situation of Human Rights on the Islamic Republic of
Iran, 27 March 2014.
During the 103rd Session of the IOM:
384
1. Item 7: General Debate, Geneva (26- 29 November 2013);
2. Item 7a: IOM/UN relations, 13th Session – Standing Committee on Program and Finance
of the International Organization for Migration (29 – 30 October 2013);
3. Item 7b: Review of the IOM Strategy, 13th Session – (29- 30 October);
4. Item 2: Statement by the Director General, 13th Session – (29- 30 October);
During the 319th Session of the Leading Body of the International Labor Organization (16-31
October 2013):
1. Declaration on the complaint of the delegated of the 100th International Labor Conference
(Geneva, 2011) for non-applying from Bahrain of the Convention for non Discrimination
(1958, No. 111);
2. Declaration following “Resolution on situation of the syndicates in Fiji”, adopted from
the governing body of ILO during its 316th Session (November, 2012), on the complaint
for non-respecting from Fiji of the Freedom of Association and Protection of the Right of
Organizing Gatherings (1948, No. 87);
3. Declaration on the “Report and Declaration on the 9th Regional Meeting of ILO for
Europe” (Oslo, 8-11 April 2013)”;
4. Declaration on the “Global Economic and Employment Situation, as well as political
possibilities in this framework”;
5. Declaration on “Agenda Post 2015 for Sustainable Development”;
6. Declaration on “Issues coming from the meeting of the 102nd Session of International
Labor Conference (2013), following the talking points of the Report of Director General;
7. Declaration “Following the resolution for Sustainable Development, worthy labor and
ecological job spots”;
8. Declaration “Following the resolution on employment and social protection in the new
demographic context”;
9. Declaration on the “Enhancement of standards of ILO system and its impacts, including
the issues following the meeting of the Committee for the Application of Standards
during the International Labor Conference in 2012;
10. Declaration on entry into force of the Convention on Maritime Labor (2006);
385
11. Declaration on the verbal Reporting of the results of the High Level Dialogue of the
General Assembly of the UN on the International Migration and Development (New
York, October 2013);
12. Declaration following the adoption of the resolution on the efforts to make the worthy
labor a reality for the house workers; Progress Report in this framework;
13. Declaration following the resolution on actual discussions for the social dialogue”.
In the framework of the Conventions on Disarmament:
1. Declaration during the general debate on the Meeting of Member States of the
Convention on Exploding Ammunition, in Lusaka, Zambia, 9-13 September 2013;
2. Declaration during the High Level Segment on Nuclear Disarmament of the General
Assembly of the UN, New York, 26 September 2013;
3. Declaration during the general debate in the 7th Conference of the Member States of the
Protocol V for exploding waste from the war, in the framework of the Convention of
Conventional Armament, Geneva, Switzerland, 11 November 2013;
4. Declaration during the general debate in the annual conference of the Member States of
the Protocol II, amended, of the Convention of Conventional Armament, Geneva,
Switzerland, 13 November 2013;
5. Declaration during the general debate in the Annual Meeting of the Member States of the
Convention of Conventional Armament, Geneva, Switzerland, 14 November 2013.
Other EU sponsored declarations:
1. Human Rights Situation in Central African Republic, 20th Extraordinary Session, Human
Rights Council, 20 January 2014;
2. WHO Reform, EB 134- World Health Organization, 21 January 2014;
3. Violence: Particularly VAW, EB 134- World Health Organization, 23 January 2014.
List of EU sponsored declarations during the UN Meetings in Vienna
IAEA
EU Declarations during the meeting of Board of Governors of ANEA (9-13 September 2013):
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1. Enhancement of international cooperation on nuclear defense, radiation, transport and
radioactive waste;
2. Enhancement of the ANEA activities in the field of science, technology and nuclear
applications;
3. Implementation of the Action Plans of ANEA for nuclear security;
4. Issue of the nuclear security;
5. Implementation of the nuclear guarantees in the state level;
6. Verification of the nuclear guarantees in North Korea and condemn of its nuclear test;
7. Verification of the nuclear guarantees in Iran and condemn of non-transparent
cooperation of Iran with ANEA for resolving of the doubtful issues;
8. Verification of the nuclear guarantees in Syria and condemn of Syria for non-serious
cooperation with ANEA;
9. Implementation of the nuclear guarantees in the Middle East;
10. Condemn of the discussion of the Nuclear Abilities of Israel.
EU Declarations during the meeting of Board of Governors of ANEA (3-7 March 2014):
1. Agenda item 3: Strengthening the Agency’s activities related to nuclear, radiation,
transport and waste safety;
2. Agenda item 4: Strengthening the Agency’s activities related to nuclear science,
technology and applications: Nuclear Technology Review 2014;
3. Agenda item 5 (c): Application of Safeguards in the Democratic People's Republic of
Korea;
4. Agenda item 5 (d): Implementation of the NPT Safeguards Agreement and relevant
provisions of the United Nations Security Council resolutions in the Islamic Republic of
Iran;
5. Agenda item 5 (e): Implementation of the NPT safeguards agreement in the Syrian Arab
Republic;
6. Agenda Item 7: Any other business: Establishment of a zone free of weapons of mass
destruction in the Middle East;
7. Agenda Item 7 Any Other Business: Israel Nuclear Capabilities (INC).
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EU Declaration during the General Conference of ANEA (16-20 September 2013):
1. General Declaration in the Plenary Session.
EU Declarations during the meeting of Board of Governors of ANEA (25-29 November 2013):
1. Assessment of the Program for Technical Cooperation of ANEA for the year 2013;
2. Program for Technical Cooperation for the new cycle 2014-2015;
3. Assessment of the risk of an accident in the nuclear power centrals;
4. Assessment of the nuclear guarantees in North Korea;
5. Assessment of the nuclear guarantees in Iran;
6. Assessment of the nuclear guarantees in Syria.
EU Declarations during the meeting of Board of Governors of ANEA (20-24 January 2014):
1. Agenda Item 1: Report by the Director General on Monitoring and Verification in the
Islamic Republic of Iran in relation to the Joint Plan of Action.
CTBTO
1. EU Declarations during the meeting of the 41st Session of the Preparatory Commission of
the CTBTO, 28-30 October 2013;
2. Statement on the occasion of the 42nd Session of Working Group B. CTBTO Preparatory
Commission, 42nd Session of Working Group B, 17-28 February 2014;
3. EU Statement on the occasion of the 22nd Session of Working Group A and B. CTBTO
Preparatory Commission, 22nd Session of Working Group A and B, 24 February 2014
OSCE
1. EU closing statement. 20th Meeting of the OSCE Ministerial Council, Kyiv, 6 December
2013;
2. Statement on the Report by the High Commissioner on National Minorities Albania.
977th Plenary Meeting of the Council, 12 December 2013;
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3. Statement of the EU on the Report by the Special Representative of the Chairperson-inOffice on Gender Issues. 977th Plenary Meeting of the Council, 12 December 2013;
4. Statement of the EU on Human Rights Day. 977th Plenary Meeting of the Council, 12
December 2013;
5. Statement on the Municipal elections in Kosovo. 977th Plenary Meeting of the Council,
12 December 2013;
6. Statement of the EU on the recent events in Ukraine. 977th Plenary Meeting of the
Council, 12 December 2013;
7. Statement of the EU on the Address by the Secretary General of the Cooperation Council
of Turkic speaking states, H.E. Halil Akinci. 978th Plenary Meeting of the Council, 19
December 2013;
8. Statement of the EU on the Report by the Special Representative and Co-ordinator for
combating trafficking in Human Beings. 978th Plenary Meeting of the Council, 19
December 2013;
9. Statement of the EU on the Parliamentary elections in Turkmenistan. 978th Plenary
Meeting of the Council, 19 December 2013;
10. Statement of the EU on Case of Mr. A. Mammadli in Azerbaijan. 978th Plenary Meeting
of the Council, 19 December 2013;
11. Statement on the Address by the Chairperson-in-Office of the OSCE, H.E. Didier
Burkhalter, President of the Swiss Confederation and Head of the Swiss Federal
Department of Foreign Affairs. 980th Special Plenary Meeting of the Council, 16 January
2014;
12. Statement of the EU on Presentations by the Chairpersons of the Economic and
Environmental Committee and the Human Dimension Committee. 981st Special Plenary
Meeting of the Council, 23 January 2014;
13. Statement of the EU on Situation in Ukraine. 981st Special Plenary Meeting of the
Council, 23 January 2014;
14. Statement of the EU on Creation of a security zone inside the territory of Georgia in the
run-up to the Sochi Winter Olympics. 981st Special Plenary Meeting of the Council, 23
January 2014;
15. Statement on the Address by the Austrian Federal Minister for European and
International Affairs, H.E. Sebastian Kurz. 982nd Plenary Meeting of the Council, 30
January 2014;
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16. Statement of the EU on Address by the President of the International Committee of the
Red Cross, H.E. Peter Maurer. 982nd Plenary Meeting of the Council, 30 January 2014;
17. Statement of the EU on International Day of Commemoration in memory of the victims
of the Holocaust, on 27 January 2014. 982nd Plenary Meeting of the Council, 30 January
2014;
18. Statement of the EU on The death penalty in Belarus. 982nd Plenary Meeting of the
Council, 30 January 2014;
19. Statement of the EU on The death penalty in the United States of America. 982nd Plenary
Meeting of the Council, 30 January 2014;
20. Statement of the EU on Presentation by the Chairperson of the Security Committee. 983rd
Plenary Meeting of the Council, 6 February 2014;
21. Statement in response to the PC Report of Ambassador Jean-Claude Schlumberger, Head
of the OSCE Mission in Kosovo. 983rd Plenary Meeting of the Council, 6 February 2014;
22. Statement of the EU on Situation in Ukraine. 983rd Plenary Meeting of the Council, 6
February 2014;
23. EU Statement on Illicit Trafficking of Armaments in the Mediterranean Region. OSCE
Forum for Security Co-operation Nr 746, 19 February 2014;
24. EU Statement on Developing SALW Control Concepts. OSCE Forum for Security Cooperation Nr 747, 26 February 2014;
25. EU Statement on the UN Approach to the Security Sector Reform: Potential Role of the
OSCE. OSCE Forum for Security Co-operation Nr 747, 26 February 2014;
26. PC.DEL/0181/14 - EU Statement in Response to the Address by H.E. Mr. Meredov,
Deputy Chairman of the Cabinet of Ministers, Minister for Foreign Affairs of
Turkmenistan. 985th Plenary Meeting of the OSCE Permanent Council, 27 February
2014;
27. PC.DEL/0182/14 - EU Statement in Response to the Address by H.E. Muiznieks,
Commissioner for Human Rights of the Council of Europe. 985th Plenary Meeting of the
OSCE Permanent Council, 27 February 2014;
28. PC.DEL/0183/14 - EU Statement on the Sentencing of Demonstrators Involved in the
Bolotnaya Square Events. 985th Plenary Meeting of the OSCE Permanent Council, 27
February 2014;
29. PC.DEL/0184/14/Rev.2 - EU Statement on Ukraine. 985th Plenary Meeting of the OSCE
Permanent Council, 27 February 2014;
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30. PC.DEL/217/14, EU Statement on the Situation in Ukraine. 986th Plenary Meeting of the
OSCE Permanent Council, 3 March 2014;
31. PC.DEL/0237/14 - EU EU Statement in Response to Report by the Co-ordinator of
OSCE Economic and Environmental Activities. 987th Plenary Meeting of the OSCE
Permanent Council, 6 March 2014;
32. PC.DEL/0238/14 - EU Statement on the Latest Round of the 5+2 Talks (Vienna, 27-28
February 2014). 987th Plenary Meeting of the OSCE Permanent Council, 6 March 2014;
33. PC.DEL/0239/14 - EU Statement on the Situation in Ukraine. 987th Plenary Meeting of
the OSCE Permanent Council, 6 March 2014;
34. PC.DEL/0256/14 - EU Statement on Ukraine. 988th Plenary Meeting of the OSCE
Permanent Council, 7 March 2014;
35. EU Statement on the Situation in Ukraine. OSCE Forum for Security Co-operation Nr
748, 12 March 2014;
36. PC.DEL/0269/14 - EU Statement in Response to the Statement by H.E. Rashedi, Minister
of Counter Narcotics of Afghanistan. 989th Plenary Meeting of the OSCE Permanent
Council, 13 March 2014;
37. PC.DEL/0270/14 - EU Statement in Response to the Statement by Ambassador Lenarcic,
ODIHR Director. 989th Plenary Meeting of the OSCE Permanent Council, 13 March
2014;
38. PC.DEL/0271/14 - EU Statement on the Situation in Ukraine. 989th Plenary Meeting of
the OSCE Permanent Council, 13 March 2014;
39. EU Statement on Firearms Trafficking. OSCE Forum for Security Co-operation Nr 749,
19 March 2014;
40. EU Statement on the Situation in Ukraine. OSCE Forum for Security Co-operation Nr
749, 19 March 2014;
41. PC.DEL/0317/14 - EU Statement on the Adoption of the Declaration on Afghanistan.
990th Plenary Meeting of the OSCE Permanent Council, 20 March 2014;
42. PC.DEL/0318/14 - EU Statement in Response to H.E. Mr. Deshchytsia, Acting Minister
for Foreign Affairs of Ukraine. 990th Plenary Meeting of the OSCE Permanent Council,
20 March 2014;
43. EU Statement on the Situation in Ukraine. OSCE Forum for Security Co-operation Nr
750, 26 March 2014;
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44. PC.DEL/0346/14 - EU Statement on Ukraine. 992nd Plenary Meeting of the OSCE
Permanent Council, 27 March 2014;
45. PC.DEL/0347/14 - EU Statement on the Sentencing of Mr. Mammadov and Mr. Yagublu
on Charges of Staging Riots in Ismayili, Azerbaijan. 992nd Plenary Meeting of the OSCE
Permanent Council, 27 March 2014;
46. PC.DEL/0348/14 - EU Statement on the Russian Federation. 992nd Plenary Meeting of
the OSCE Permanent Council, 27 March 2014;
47. EU Statement on Egypt. Mediterranean Contact Group meeting, 28 March 2014;
48. EU Statement in response to Tunisia, Mediterranean Contact Group meeting, 28 March
2014;
UNIDO
1. Opening statement on the occasion of the 15th Session of the General Conference. 2
December 2013, General Conference, Lima-Peru 2-6 December 2013.
UNDOC
57th Session of the Commission on Narcotic Drugs (13-21 March 2014):
1. Agenda item 9: Implementation of the Political Declaration and Plan of Action on
International Cooperation towards an Integrated and Balanced Strategy to Counter the
World Drug Problem: Demand reduction, supply reduction and related measures;
2. Agenda item 9a: Implementation of the Political Declaration and Plan of Action on
International Cooperation towards an Integrated and Balanced Strategy to Counter the
World Drug Problem: Demand reduction and related measures;
3. Agenda item 9b: Implementation of the Political Declaration and Plan of Action on
International Cooperation towards an Integrated and Balanced Strategy to Counter the
World Drug Problem: Supply reduction and related measures;
4. Agenda item 10c: International Narcotics Control Board – Part I;
5. High- Level Segment.
List of EU sponsored declarations during the UN Meetings in Paris for UNESCO
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1. EU Delegation Declaration in the framework of the Plenary in the 192nd Session of the
Executive Council of UNESCO, 30 September 2013;
2. EU Delegation Declaration in the framework of the General Debate in the 37th Session of
the General Conference of UNESCO, 8 November 2013.
List of EU sponsored declarations during the UN Meetings in The Hague for OPCW and
ICC
OPCW
1. EU Declaration in the 74th Session of the Executive Council of the OPCW, 8-11 October,
2013;
2. EU Declaration in the 18th Conference of the Member States of the OPCW, 2-6
December 2013.
3. Statement on the behalf of the European Union delivered by Mr. Jacek Bylica, principal
adviser and special envoy for nonproliferation and disarmament of the European External
Action Service. General debate of the 18th Session of the Conference of the States Parties
of the OPCW, 2 December 2013;
4. EU Statement in the 39th Meeting of the Executive Council of the OPCW, 21 February
2014;
5. EU Statement in the 75th Session of the Executive Council of the OPCW, 4 March 2014.
ICC
1. General Debate: Twelfth Session of the Assembly of the State Parties of the Rome
Statute (ICC) - The Hague, 20 November 2013;
2. Discussion on Cooperation: Twelfth Session of the Assembly of the State Parties of the
Rome Statute (ICC) - The Hague, 22 November 2013;
3. Discussion on Victims and Affected Communities: Twelfth Session of the Assembly of
the State Parties of the Rome Statute (ICC) - The Hague, 22 November 2013.
List of EU sponsored declarations during the Council of Europe Meetings in Strasbourg
1. EU statement on the executions in Japan. 1187th Meeting of the Council of Ministers, 18
December 2013;
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2. EU Statement on the detention of Mr. Anar Mammadli, chairman of the Election
Monitoring and Democracy Studies Centre in Azerbaijan. 1188th Meeting of the Council
of Ministers, 15 January 2014;
3. EU Statement on developments in the Ukrainian Parliament. 1189th Meeting of the
Council of Ministers, 22 January 2014;
4. EU Statement on the case of Dmytro Bulatov. 1190th Meeting of the Council of
Ministers, 5 February 2014;
5. EU Statement on the enactment of amendments to the legislation
on non-governmental organizations in Azerbaijan. 1192nd Meeting of the Council of
Ministers, 19 February 2014;
6. EU Statement on Thematic discussion on UN activities on social and economic rights,
having particular regard to the impact of the economic crisis and of austerity measures on
their enjoyment. 1192nd Meeting of the Council of Ministers, 20 February 2014;
7. EU Statement regarding the situation of the Latin-script schools in the Transnistrian
region of the Republic of Moldova, 1195th Meeting of the Council of Ministers, 19 March
2014.
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