Plant protection products (PPP)
- 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 in Albania is made in accordance with Law No. 10081, dated 23 February 2009 “On Licensing, Authorizations and Permits in the Republic of Albania”, as amended. Import of products for plant protection in Albania is conducted through permissions issued by the NBC, based on some preliminary criteria to be fulfilled by the interested parties.
The entities are inspected from the National Food Authority. The decision of the NFA 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. This license is issued through the NBC.
According to Law No. 105/2016 dated 14 October 2016 "On the plant protection services”, as amended, in Albania, only registered products for plant protection can be imported. The procedures for the registration of PPP are performed by the Ministry of Agriculture and Rural Development.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The licensing system covers plant protection products such as insecticides, fungicides, herbicides, disinfectants and similar products. These products fall under code 3808 of the Combined Nomenclature.
Q3. The system applies to goods originating in and coming from which countries?
All PPPs marketed or used in the territory of the Republic of Albania should undergo the registration procedure. Only the PPPs, registered in one of the EU countries, can be registered in 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?
This licensing system does not intend to restrict the quantity or value of imports coming into Albania. The purpose of issuing the import license of PPP is to strictly control the products. Since these are poisonous products, their careless utilization can affect plants, animals, human beings and the environment. It is the only known method for plant protection in international legislation.
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 Albanian legislation that regulates this licensing system includes:
• Law No. 10081 dated 23 February 2009 “On Licensing, Authorizations and Permits in the Republic of Albania”;
• Law No. 105/2016 dated 14 October 2016 "On the plant protection services “, as amended;
• Decision of the Council of the Ministers No.532 dated 11 September 2018, “On the approval of the rules on trade, transport, preservation and storage of plant protection products”.
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 importer can import the product at the time when he judges is appropriate. The time limit to obtain a license is 15 days and the license cannot be obtained for goods arriving at the port without a license.
Q7.b. Can a licence be granted immediately on request?
The license is granted after the examination of the required documentation, within the time limits set forth in the legislation. Up to now, no emergency applications for licenses are deposited in the National Business Centre.
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 related to the period of the year during which applications for license can be made.
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?
Application for trading licenses are affected only by one administrative organ, which is the National Business Centre.
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 when the importer fails to meet the appropriate conditions on storage and preservation of the plant protection products as required by the legislation (including the necessary documentation). The applicant is informed officially by the NBC, for the reasons of the license’s refusal. This information is published automatically on the NBC’s website. According to the legislation on plant protection in the case of the refusal of the license, the applicant has the right to appeal at higher administrative bodies and at the court of first instance.
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 not such a system. All persons who have wholesale trading licenses are eligible to import plant protection products that are registered in Albania.The list of approved licenses by subjects is published on the website of the NBC. The list is available to the National Food Authority for control effects.
A list of fees exists which is based on the: Common guidance of the Ministry of Finances and Economy and Ministry of Agriculture and Rural Development, No. 19 dated 22 November 2022 “On the fees and secondary revenues applicable by institutions of the agriculture and food system”.
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 application is done online through the government portal e-Albania. The whole set of documents are loaded there.
Q11. What documents are required upon actual importation?
Wholesale trading license of plant protection products is presented at the quarantine inspectorate office at the cross-border points. After the control by quarantine inspectorate is carried out, the customs authorities accomplish customs procedures.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Licensing fee is 2.000 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 deposit or advance payment requirement.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The license is permanent.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No penalty.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The license is 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 conditions are attached to the issuing of the license.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Yes, there is the procedure of the PPP registration in the Republic of Albania. This procedure is performed by the Ministry of Agriculture and Rural Development.
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.