Live animals, leather, feed, biological material on animal inseminations, veterinary drugs and vaccines
- 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.
The procedure of licensing is performed according to Law “On licensing”, No. 10081, dated 23 February 2009, as well as according to sublegal acts for law implementation. The legislation on licensing defines the activities according to fields (categories and subcategories) and special criteria for licensing; evincive documentation and any other accompanying documents for each activity.
Requests for licensing of activities included in such categories or subcategories are checked over by the National Business Centre (NBC) at the Ministry of Finances and Economy.
Assessment on fulfilment of criteria for licensing (approval) is done by the institution that covers the respective field of activity.
The decision of the competent Directory in the Ministry of Agriculture and Rural Development is based on the evaluation of submitted documents and on-site inspection to assess fulfilment of requirements and mandatory standards defined in the legislation. Approval or refusal is published in the register within the deadline, otherwise it is considered as approved.
The final decision of the NBC is published in the register and the title is delivered to the applicant in the premises of the NBC.
The competent Directory in the Ministry of Agriculture and Rural Development can suspend or revoke the license in cases where, during controls and verifications results that the technical-technological and sanitary-veterinary requirements are not fulfilled according to the respective law.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Import licensing system is covering these groups of products:
(a) live animals;
(b) biological material on animal insemination;
(c) veterinary medicinal products.
Q3. The system applies to goods originating in and coming from which countries?
Import is carried out based on bilateral trade agreements that Albania has signed with various countries where the products are imported from (or even from other countries that meet the requirements of the legislation in force).
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 licensing system does not intend to restrict the quantity and the value of imports. There is not any alternative method. The Ministry of Agriculture and Rural Development does not determine quotas for import licenses.
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?
Licensing is a legal request, and the licensing system is based on the following legal framework:
• Law No. 10081, dated 23 February 2009 “On licenses, authorization and permission in Republic of Albania”;
• Law No. 10465 dated 29 September 2011 "On veterinary service in the Republic of Albania";
• Law, No. 10137, dated 11 May 2009 “On some amendments in current legislation on licenses, authorization and permission in Republic of Albania”;
• Law No. 9426 dated 06 October 2005 “Animal Breeding” – as amended;
• Decision, No. 538, dated 26 May 2009 “On licenses and permits treated by or through the National Licensing Centre (NLC) and some other common sub-legal regulations”;
• Decision, No. 1295, dated 29 December 2009, “On some amendments in Decision, No. 538, dated 26 May 2009 “On licenses and authorization that are checked over through NBC and some other common sub-legal regulations”.
Licensing is authorized by the Law No. 10081, dated 23 February 2009 “On licenses, authorization and permission in the Republic of Albania” and the system cannot be abolished without legislative approval. The legislation does not leave designation of products to administrative discretion.
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)?
Imports can be carried out only after issuance of the import license. Goods cannot arrive at the port without the license. The import is being made only after the NBC issues the license to the importer.
Q7.b. Can a licence be granted immediately on request?
No, because the licensing authority must examine the documentation required. The timing to issue a license is 10-15 days.
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.
No limitations for the time of application.
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?
The NBC is the only entity where the applicant needs to apply (each importer) and present all the documentation. Documents are being sent online (from the NBC office), for approval to the Ministry of Agriculture, and Rural Development. After this process, the NBC issues the import license to the applicant.
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?
The license can be refused in cases when the importer does not meet the requirements set forth in the law and regulations.
The applicant is informed officially by the NBC, for the reasons of a license’s refusal. This information is published automatically on the NBC’s website.
Any interested party has the right to appeal on an administrative procedure
Any interested party has the right to appeal on an administrative procedure to the NBC or Ministry of Agriculture and Rural Development for cases of licenses with preliminary inspections. Administrative complaints are analysed by representatives of the NBC, except cases of licenses with preliminary inspection which are analysed by the Ministry of Agriculture and Rural Development.
In the cases of preliminary inspection, the Ministry of Agriculture and Rural Development is informed by the NBC when a complaint is presented to their office.
In both cases, complaints addressed to the NBC or Ministry of Agriculture and Rural Development, are published in the National Registry of Permits and Licenses.
For administrative issues, a decision given after reviewing the administrative complaint may be directly appealed to the competent court.
The above-mentioned issues are followed by the terms specified in section 6 of the Code of Administrative Procedures on administrative complaints within one month.
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?
There are no restrictive systems. All persons, firms and institutions that satisfy the criteria set forth in the current legislation have the right to apply for a license. No, there is no such system.
A list of fees exists which is based on the guidance of the Ministry of Finances and Economy and Ministry of Agriculture and Rural Development, No. 8 dated 8 May 2007 "On the fees and secondary revenues applicable by institutions of the agriculture and food system", as amended.
The list of approved licenses is published on the NBC's website and is sent to the National Authority of Veterinary and Plant Protections and National Food Authority.
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?
The necessary information and the documentation to be filled by the applicant are provided by the NBC.
Q11. What documents are required upon actual importation?
The required documents are those issued by the National Business Centre (NBC).
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Depends on the type of license, there is a different fee for different licenses. There is a different fee for different licenses. The fee for an import license is:
(a) for live animals - 10.000 ALL;
(b) for trading of racial material - 10.00 ALL; and
(c) for veterinary medicinal products - 100.000 ALL.
If made online, the application is free of charge otherwise if made at the NBC's premises the administrative charge is 100 ALL.
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.
No, advance payment or deposit is required.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
All licenses are indefinite based on Article 11, Law No. 10081, dated 23 February 2009 “On licenses, authorization and permission in the Republic of Albania”. In order to check if the conditions are fulfilled by the applicant, the Ministry of Agriculture, and Rural Development performs frequent in-site controls. If some conditions are not fulfilled then the Ministry of Agriculture and Rural Development presents the proposal to the NBC for the refusal of this license.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No, there is no penalty for the non-utilizaion of a licence or a portion of a licence.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No, licences are not transferable.
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?
No.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No, there are not any other administrative procedures.
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?
Foreign exchange is provided automatically by banking authorities, every day.