Import Licensing Notification Portal

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.

In January 2019, Council of Minister approved DCM No.10/2019 "On Rules for the Production, Import, Export, Placing On the Market and Use of Ozone-Depleting Substances, as well as the Products and Equipment that Contain these Substances”, which has partially transposed in place three EU Regulation Nos.1005/2009; 291/2011 and 744/2010.

Based on this DCM:

a) Import and /or export of Controlled Substances is carried out only by the Entities equipped with the relevant license with Code III.3, in accordance with the criteria, terms, deadlines and procedures set out in Law No. 10081/2009 and other applicable acts on licenses, authorizations and permits in the Republic of Albania. (point 1, chapter VII). Procedures and documentation for equipment with the import license code III.3, are determined, approved by Minister of Tourism and Environment Order No. 166, dated 24 May 2019, amended.

b) The import of Controlled Substances included in Annex C, Group 1 of Annex I of this Decision is allowed only on the basis of annual quotas, determined in Annex IV of this Decision. The way for allocating the annual import quotas of the controlled substances, is determined by Minister of Tourism and Environment Guideline No. 1, dated 6 May 2019, amended.

Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.

The licensing system, cover the controlled substances that deplete the ozone layer, included in Annex C, Group 1 of Annex I.

Q3. The system applies to goods originating in and coming from which countries?

From all countries which are Party to the Montreal Protocol.

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?

DCM No.10/2019, intend to regulate among others also import and placing in the market of controlled substances that deplete the ozone layer, and products, equipment’s that contain such substances. Through the licensing system and issuing the License “Import of Ozone Depleting Substances” Code III.3, is regulated the field of activity for entities operating in this area.

The import of Controlled Substances and its quantities is restricted/controlled through the Authorization of Minister of Tourism and Environment, in which is/are specified, issued annual import quotas on ozone deplete substances, for each entity. Authorization of the Minister can be issued only to entities licensed with License Code III.3.

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 controlled substances that deplete the ozone layer, is based on:

- DCM No.10/2019 "On Rules for the Production, Import, Export, Placing on the Market and Use of Ozone-Depleting Substances, as well as the Products and Equipment that Contain these Substances”;
- Minister of Tourism and Environment Order No. 166, dated 24 May 2019 "On procedures and documentation for equipment with the import license code III.3, and for its suspension / revocation”, amended;
- Minister of Tourism and Environment Guideline No. 1, dated 06 May 2019, "On the way of determining the way to allocate the importation of controlled substances annual quotas", amended.

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?

The controlled substances that deplete the ozone layer, and the products relying on them, are specified in DCM No. 10/2019, mentioned above in point 5. DCM in itself together with the two sub-laws which regulate procedures that need to be followed, are available for the public and interested stakeholders and published in the Official Journal webpage. The annual quotas Diagram for Republic of Albania, are determined in Annex 4, of the DCM No. 10/2019. These quotas are not separated by countries or importers, but are given as a quantity in total for a specific year. Based in this Diagram, the annual quantity of such substances/products relying in them, which were allowed to be imported for the year 2023 was 50 T. This annual import quota, has been distributed among the licensed entities with code III.3, which apply to the Ministry responsible for environment, keeping in mind the observance of the rules for avoiding monopoly. In no case shall the full import quota be issued to a single entity. For 2024, and according to the legislation in force, the annual import quota is foreseen to be reduced to 45 T.

DCM No. 10/2019, foreseen also some exceptional cases for import of controlled substances. In exceptional cases, for controlled substances other than hydro chlorofluorocarbons, exemptions may be made from the import prohibitions when protecting human life, biological diversity, national security, scientific research or to deal with natural disasters. This exemption is allowed when it is argued that there are no other solutions from the environmental point of view or other solutions are economically unaffordable. Any exemption shall be made by order of the Minister responsible for the environment, on the basis of the reasoned request of the relevant national authority, specifying the type and quantity of controlled substance to be imported, the country from which it will be imported. And the time of delivery, after written approval from the Ozone Secretariat has been obtained in advance.

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?

Quotas are determined on a yearly basis. Based on the new approved legislation in this area, the License “Import of Ozone Depleting Substances” with Code III.3, has not a specific duration time but, the license issued is not valuable if it’s not accompanied by the Minister authorization, where are specified the relevant import quotas given to the entity, on a yearly basis. Application for the Minister Authorization for annual importing quotas, can be done only once a year by an entity.

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.)

The licensing system is referred to the DCM No. 10/2019, import and/or export of the controlled substances can be done only by the licensed entities with code III.3. The import of controlled substances shall be permitted only at customs branches having trained personnel and equipment for the identification of ozone depleting substances. If the entity, has not been equipped with the relevant license III.3, following the Minister Authorization, the General Customs Directorate do not allow import. All the interested stakeholders, upon a request, can have all the necessary information. The Minister Guideline No. 1/2019, amended, has foreseen as above:

- The Responsible Directorate of Ozone Depleting Policies establishes and maintains a register of applicant entities, import quota authorizations issued or refused and any other data related to this process.

- The list of importing entities and the relevant approvals for the import of Controlled Substances shall be published on the website of the Ministry responsible for the environment.

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?

There is no specific time mentioned. With the beginning of the new coming year, subjects which are equipped with the License III.3, based on their needs for import, can apply to the Ministry responsible for environment, for annual import quotas.

Q6.V. What are the minimum and maximum lengths of time for processing applications?

Both the license application for License III.3, also the application for Ministers Authorization, has a time limit 20 days. In the case of Authorization, when to the entity is required to fulfil the missing documents, the period of reviewing the application is postponed to maximum 25 days.

Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

No time specified. The import procedures can be followed after issuing of the Ministers authorization.

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?

Application for License III.3, is done through the National Business Center (NBC). The next steps are determined and approved by the Minister Order No. 166/2019, amended. The NBC electronically transmits to the National Environment Agency (NEA) the applications of entities for equipment with a license "Import of ozone depleting substances" code III.3. NEA downloads applications of entities for equipment under this License and sends them immediately to the Environmental Permitting and Licensing Monitoring Sector in the Ministry which review the application and prepares relevant act approval or/refuse of it.
No, the importer does not have to approach more than one administrative organ for the licence.

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?

Procedures of issuing the License III.3, are separate from the Ministers authorization of annual import quotas. In the Ministers Guideline, No. 1/2019, amended, is specified that :

- Where more than one entity applies to the Ministry at the same time, the available annual import quota shall, where possible, be distributed equally or roughly between interested entities. In any case, the allocation of the quota is distributed and based on a simple mathematical calculation that includes the number of entities that applied, what amount they applied for and how much is the total amount that can be imported to Albania for the year in question.

- The annual import quota, set out in Annex 4 of the DCM No. 10/2019, is distributed among the Licensed entities with code III.3, applying to the Ministry, keeping in mind the observance of the rules for avoiding monopoly. In no case shall the full import quota be issued to a single entity.

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?

Referred to the DCM No. 10/2019, import of the controlled substances can be done only by the licensed entities with code III.3, accompanied by the Minister authorization, where are specified the relevant import quotas given to the entity, on a yearly basis. For having the license in such cases, entities must follow the procedure mentioned in point VII, above.

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?

The import of controlled substances in Republic of Albania, is permitted only at customs branches having trained personnel and equipment for the identification of ozone depleting substances. The importing procedures of controlled substances can only happen if the importing entity has the relevant license III.3, and the annual Ministers Authorization with detailed importing quotas given.

Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?

No.

Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:

N/A

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)?

N/A

Q7.b. Can a licence be granted immediately on request?

N/A

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.

N/A

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?

N/A

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?

Any interested party subject to DCM No. 10, dated 9 January 2019, has the right to complain to the NBC on administrative acts, acts or omissions of the Ministry.

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?

No there is not such a system. The Responsible Directorate of Ozone Depleting Policies has the duty to establish and maintains a register of applicant entities, import quota authorizations issued or refused and any other data related to this process.

Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?

Any natural or legal person who carries out import activity of controlled substances, in order to obtain the license of "import of ozone depleting substances" with code III.3, apply to the windows of the National Business Center (NBC), by submitting the following documentation:

a) Request to the Ministry responsible for environment for equipment with import license for Ozone Depleting Substances. The application must contain in a precise and complete manner the points specified in the licensing device approval act set out in Schedule 1/a to Minister Order No. 166/2019.
b) High school diploma or university diploma for technical director;
c) Employment contract proving the required employment relationship with the technical manager;
d) Certificate of ownership or lease of premises;
e) Self-declaration on suitability of premises and equipment.

Q11. What documents are required upon actual importation?

Please refer to point IX, above.

Referring to point 6, of the Ministers Guideline No. 1/2019, amended, entities licensed with code III.3, to carry out the import activity of controlled substances under, for each quantity they import within the annual quota, must submit to the Ministry of Tourism and the Environment the following documents:

a) The requirement to obtain an authorization for an import quota for ozone depleting substances. The application must contain accurately and fully the information specified in the authorization for ozone-depleting equipment for the ozone-depleting substances set out in Annex 1/a of the Ministers Guideline.
b) Copy of the License “On the Import of Ozone Depleting Substances”, code III.3.
c) Completed import notification form for controlled substances, as set out in Annex 8 of DCM No. 10/2019.
d) Self-declaration regarding the fulfilment of reporting obligations according to the DCM No. 10/2019.
e) Copies of the reporting submitted to the ministry and the National Ozone Unit, in accordance with point 3, Chapter XI, of DCM No.10/2019.

Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?

Application near NBC, for obtaining the License with code III.3, has as fee of 100 lek/1 Dollar/around 1 Euro. Meanwhile, application in the Ministry responsible for environment for obtaining Ministers Authorization with the annual importing quotas, has no fee.

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.

Application near NBC, for obtaining the License with code III.3, has as fee of 100 lek/1 Dollar/around 1 Euro. Meanwhile, application in the Ministry responsible for environment for obtaining Ministers Authorization with the annual importing quotas, has no fee.

Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?

Please refer to point II, above.
Based on the Guideline of the Minister No.1/2019, the period of validity of the Minister Authorization for import quota of ozone depleting substances, was three months from the date of approval/issuing of the Authorization. Taking into consideration that the most part of the interested companies, applied at the beginning of the year 2020, and the lockdown situation that most countries faced at the first months of 2020 from COVID-19, the Ministry of Tourism and Environment, evaluated to extent the Authorizations issued for the year 2020, from three months until to the end of the year 2020. This extension has been made though the Minister Guideline No. 2, dated 8 July 2020 “On some changes on the Guideline No.1, dated 6 May 2019 "On the way of determining the way to allocate the importation of controlled substances annual quotas"”.

Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?

No, but based on the Ministers Guideline No. 1/2019, amended, any importing entity within ten calendar days after the end of the Ministers Authorization shall formally notify the Ministry of Tourism and the Environment as well as the National Ozone Unit, on the application or not by their side of the authorization received and if the import has occurred or not.

Non fulfilment of the reporting obligation, can be a reason for refusal of subsequent applications for Ministers Authorization and import quota of Controlled Substances.

Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

No the legislation in force, does not foresee such thing.

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?

Please refer to point 10, above.

Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

Please refer to point X, above.

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, the legislation in force for import of controlled substances that deplete the ozone layer, does not foresee such thing.

Ozone-depleting substances

Outline of Systems

Purposes and Coverage of Licensing

Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.

Q3. The system applies to goods originating in and coming from which countries?

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?

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.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.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)?

Q7.b. Can a licence be granted immediately on request?

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.

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?

Eligibility of Importers to Apply for Licence

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?

Q11. What documents are required upon actual importation?

Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?

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.

Conditions of Licensing

Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?

Q15. Is there any penalty for the non-utilization 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?

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?

Other Procedural Requirements

Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?