Chemicals (mercury)
- Document symbol
- G/LIC/N/3/ALB/13
- Original language
- English
- Published on
- 22/02/2024
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
Republic of Albania has ratified the Minamata Convention, by Law No. 7/2020 “On ratification of the Minamata Convention "On mercury”". From 26 May 2020, Albania is listed among Parties which have ratified the Minamata Convention.
http://www.mercuryconvention.org/Countries/Parties/tabid/3428/language/en-US/Default.aspx .
In the field of chemicals management, on 17 March 2016, the Republic of Albania approved Law No. 27/2016 "On chemicals management".
In article 28, point 1, of this law, specifies that the production, placing on the market, deposit and storage of hazardous chemicals are performed by licensed legal entities. The license for the production, placing on the market, deposit and storage of hazardous chemicals shall be issued by the Minister responsible for industry. Documentation and procedures for issuing licenses for the production, placing on the market, storage and storage of hazardous chemicals shall be approved by the Council of Ministers, on the proposal of the Minister responsible for industry.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The license foreseen in the Law of Chemicals No. 27/2016, cover the production, placing on the market, deposit and storage of hazardous chemicals.
Based on point 3, Section II.2, of the DCM No. 442, dated 26 June 2019 "On approval of the Rules for the Prohibition of Export of Metal Mercury, Mercury Compounds and Mercury Mixtures, Safe storage of metallic mercury and Specific Criterias for Safe storage of metallic mercury Considered waste", specifies that: In any case, placing on the market, deposit and storage of wastes (mercury wastes) shall be carried out in accordance with the requirements laid down in the applicable legislation on the management of chemicals by natural or legal persons, provided with a relevant license for the production, placing on the market, and the storage of hazardous chemicals. This DCM has entered into force after 1 January 2020.
DCM No. 442/2019, also foreseen that the import of mercury and mercury mixtures listed in Annex I to that Decision for a particular use in accordance with the legislation on chemicals management is allowed only when the ministry responsible for the environment/Chemicals Office, in frame of the obligations of Mercury Convention, has given written consent for that import. Consent in writing is given when:
(a) the exporting State is a Party to the Convention and the mercury to be exported shall not be considered as the primary extract of the mineral wool, prohibited under the Convention, or
(b) the exporting State not party to the Convention provides the document that the mercury is not considered to be the primary extract of the mercury mineral.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to hazardous chemicals, coming from all countries, and which intend to be produced, placed on the market (including import), deposit and storage hazardous chemicals in Republic of Albania.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The license foreseen in the Law of chemicals No. 27/2016, does not aim to restrict quantity or values imported, but to regulate the interior procedures for hazardous chemicals with purpose protection of human health and the environment.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The licensing system for the production, placing on the market, deposit and storage of hazardous chemicals, including mercury, is based on:
- Law No. 27/2016 "On chemicals management";
- DCM No. 442, dated 26 June 2019 "On approval of the Rules for the Prohibition of Export of Metal Mercury, Mercury Compounds and Mercury Mixtures, Safe storage of metallic mercury and Specific Criterias for Safe storage of metallic mercury Considered waste";
- Documentation and procedures for issuing licenses for the production, placing on the market, storage and storage of hazardous chemicals shall be approved by the Council of Ministers, on the proposal of the Minister responsible for industry.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
The documentation and procedures requested for the licence for the production, placing on the market, storage and storage of hazardous chemicals, are not approved yet by the Council of Ministers, on the proposal of the Minister responsible for industry.
Q7.b. Can a licence be granted immediately on request?
The documentation and procedures requested for the licence for the production, placing on the market, storage and storage of hazardous chemicals, are not approved yet by the Council of Ministers, on the proposal of the Minister responsible for industry.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
The documentation and procedures requested for the licence for the production, placing on the market, storage and storage of hazardous chemicals, are not approved yet by the Council of Ministers, on the proposal of the Minister responsible for industry.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Based on the Law No. 27/2016 "On chemicals management", documentation and procedures for issuing licenses for the production, placing on the market, storage and storage of hazardous chemicals shall be approved by the Council of Ministers, on the proposal of the Minister responsible for industry. In this regard, the above questions will be properly addressed after preparation, approval of that DCM.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
Please refer to point 7d, above.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Based on the Law No. 27/2016 "On chemicals management", the license for the production, placing on the market, deposit and storage of hazardous chemicals, shall be issued to legal entities if they meet the essential requirements for the storage of hazardous chemicals:
a) Have a system for maintenance and storage of special hazardous chemicals;
b) Prevent the access / entry of unauthorized persons who may use chemicals for inappropriate purposes;
c) Take preventive measures to avoid the risk of dangerous chemicals.
With this license can also be provided natural persons who use hazardous chemicals for such activities as: artistic activities, scientific research activities and other specific activities.
The detailed documentation and procedures for issuing this license for the production, placing on the market, storage and storage of hazardous chemicals, with be specified in the Decision of Council of Ministers, on the proposal of the Minister responsible for industry.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
Based on point 3, Section II.2, of the DCM No. 442, dated 26 June 2019 "On approval of the Rules for the Prohibition of Export of Metal Mercury, Mercury Compounds and Mercury Mixtures, Safe storage of metallic mercury and Specific Criterias for Safe storage of metallic mercury Considered waste", is specified that: In any case, placing on the market, deposit and storage of wastes (mercury wastes) shall be carried out in accordance with the requirements laid down in the applicable legislation on the management of chemicals by natural or legal persons, provided with a relevant license for the production, placing on the market, and the storage of hazardous chemicals.
The detailed documentation and procedures for issuing this license for the production, placing on the market, storage and storage of hazardous chemicals, will be specified in the Decision of Council of Ministers, on the proposal of the Minister responsible for industry.
DCM No. 442/2019, in point 2, of Section II.2, also foreseen that import of mercury and the import of mercury mixtures listed in Annex I to that Decision for a particular use in accordance with the legislation on chemicals management is allowed only when the ministry responsible for the environment/Chemicals Office, in frame of the obligations of Mercury Convention, has given written consent for that import. Consent in writing is given when:
(a) the exporting State is a Party to the Convention and the mercury to be exported shall not be considered as the primary extract of the mineral wool, prohibited under the Convention, or
(b) the exporting State not party to the Convention provides the document that the mercury is not considered to be the primary extract of the mercury mineral.
The formats for the implementation of point 2, will be approved by the Minister of Environment in charge.
Q11. What documents are required upon actual importation?
DCM No. 442, dated 26 June 2019 "On approval of the Rules for the Prohibition of Export of Metal Mercury, Mercury Compounds and Mercury Mixtures, Safe storage of metallic mercury and Specific Criterias for Safe storage of metallic mercury Considered waste", entered into force on 1 January 2020. In this context for import of the actual mercury, the entity must have the license for the production, placing on the market, storage and storage of hazardous chemicals, based on the Law No. 27/2016, also the MSDS in Albanian and English languages. Import of mercury as a pesticide, is not permitted in the country.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
The detailed documentation and procedures, including if there would be any fee for issuing this license for the production, placing on the market, storage and storage of hazardous chemicals, including import of mercury, will be specified in the Decision of Council of Ministers, on the proposal of the Minister responsible for industry.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
The detailed documentation and procedures, including if there would be any fee for issuing this license for the production, placing on the market, storage and storage of hazardous chemicals, including import of mercury, will be specified in the Decision of Council of Ministers, on the proposal of the Minister responsible for industry.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The documentation and procedures requested for the licence for the production, placing on the market, storage and storage of hazardous chemicals, are not approved yet by the Council of Ministers, on the proposal of the Minister responsible for industry.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
The documentation and procedures requested for the licence for the production, placing on the market, storage and storage of hazardous chemicals, are not approved yet by the Council of Ministers, on the proposal of the Minister responsible for industry.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The documentation and procedures requested for the licence for the production, placing on the market, storage and storage of hazardous chemicals, are not approved yet by the Council of Ministers, on the proposal of the Minister responsible for industry.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
The documentation and procedures requested for the licence for the production, placing on the market, storage and storage of hazardous chemicals, are not approved yet by the Council of Ministers, on the proposal of the Minister responsible for industry.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Yes, DCM No. 442/2019, in point 2, of Section II.2, also foreseen that import of mercury and the import of mercury mixtures listed in Annex I to that Decision for a particular use in accordance with the legislation on chemicals management is allowed only when the ministry responsible for the environment/Chemicals Office, in frame of the obligations of Mercury Convention, has given written consent for that import. Consent in writing is given when:
(a) the exporting State is a Party to the Convention and the mercury to be exported shall not be considered as the primary extract of the mineral wool, prohibited under the Convention, or
(b) the exporting State not party to the Convention provides the document that the mercury is not considered to be the primary extract of the mercury mineral.
The formats for the implementation of point 2, will be approved by the Minister of Environment in charge.
Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?
No information.