ORDER No. 166, date 24.05.2019, “ON PROCEDURES AND DOCUMENTATION FOR OBTAINING THE LICENSE TO “IMPORT OZONE DEPLETING SUBSTANCES” CODE III.3, AND ITS SUSPENSION / REVOCATION”

ORDER

(No. 166, date 24.05.2019)

ON PROCEDURES AND DOCUMENTATION FOR OBTAINING THE LICENSE TO “IMPORT OZONE DEPLETING SUBSTANCES” CODE III.3, AND ITS SUSPENSION / REVOCATION

  Pursuant to Article 100 of the Constitution, point 1, Article 35, of Law no. 10431, date 9.6.2011, “On Environmental Protection”, as amended, and point 2 of Chapter VII of Decision of the Council of Ministers no. 10, dated 09.01.2019, “On the adoption of rules for the production, import, export, placing on the market and use of ozone depleting substances, as well as for import, export, placing on the market  and use of products and equipment containing these substances”,  

HEREBY ORDER:

 

1. Approval of the procedures and documentation to obtain the “Import of ozone depleting substances” License Code III.3 as well as the procedures for its suspension / revocation according to the text and Appendix 1/a and 1/b attached, which form an integral part of this Order.

 

2. The Sector for the monitoring permits and licenses in the field of Environment, the Directorate responsible for ozone depleting policies at the Ministry, the National Environment Agency and the State Inspectorate responsible for the Environment shall be responsible for the implementation of this Order.

  This Order enters into force after its publication in the Official Journal.  

                                                                                                               M I N I S T E R   

BLENDI KLOSI

1. Procedure and documentation to be submitted by the subject to be equipped with the import license for ozone-depleting substances.

 

1. Any natural person or legal entity carrying out import activities of controlled substances, to be equipped with the “import of ozone depleting substances” license, code III.3 shall apply to National Business Center (NBC) counters, by submitting the following documentation:

 

1. The official request submitted to the Ministry reponsible for the Environment, to be equipped with the import license of ozone depltining subtances.
2. High school diploma or university degree for the technical director
3. The Employment Contract as proof of the employment relationship with the technical director;
4. Certificate of ownership or lease agreement of the premises;
5. Self-declaration on the suitability of the facilities and equipment.

   

2. The NBC shall submit electronically to the National Environmental Agency the applications of subjects requesting to be equipped with the “import of ozone depleting substances” license, code III. The National Environmental Agency shall download immediately the applications and submit immediately to the environmental monitoring and licensing sector, in the environmental field, at the Ministry.

 

3. The environmental monitoring and licensing sector, after obtaining the license application from the NBC, examines the application and accompanying documentation and draws up the approval/refusal act of the “Import of ozone depleting substances” license, code III.3, according to the format specified in Appendix 1 to this Order.

 

4. The Minister shall sign the approval/refusal act for granting the license published by the National Environmental Agency to the National Register of Licenses, Authorizations and Permits within 20 working days from the date of receipt of the application

 

5. In cases where the subject has not submitted all required documentation, and/or the documentation provided presents deficiencies, the Minister signs the refusal act.

 

1. Suspension causes and procedures for suspension of the import license for ozone depleting substances.

 

1. The “Import of ozone depleting substances” license is suspended when:

 

9. The holder of the license does not meet the requirements and obligations set out in Decision of Council of Ministers no. 10, dated 9.1.2019 “On the adoption of rules for the production, import, export, placing on the market and use of ozone depleting substances, as well as for import, export, placing on the market  and use of products and equipment containing these substances”, as well as the applicable legislation on ozone depleting substances;

 

9. If the subject does not fulfill the reporting obligation within the legal deadline set out in the DCM no. 10, dated 9.1.2019 “On the adoption of rules for the production, import, export, placing on the market and use of ozone depleting substances, as well as for import, export, placing on the market and use of products and equipment containing these substances”.

   

2. Ascertainment of the non-fulfillment criteria and non-implementation of the legal obligations is carried out by the State Inspectorate responsible for the environment.
3. The Directorate responsible for ozone depleting policies at the Ministry proposes to the Minister the suspension of the license in cases where the subject does not meet the obligation set out in point 1.b of this chapter.
4. The Minister responsible for the environment, signs the act of suspension of the license.

 

5. The National Environmental Agency publishes the act of suspension in the National Register of Licenses, Authorizations and Permits.

    III. Revocation causes and procedures for revocation of the import license for ozone depleting substances.  

1. The “Import of ozone depleting substances” license is revoked when:

 

1. the holder of the license does not fulfill the duties/obligations set out in the act of suspension within the time limit set forth in this act;

 

1. the license holder has repeatedly violated the provisions of the applicable legislation on ozone depleting substances;

 

1. the licensed subject has exceeded the approved quota for the import of ozone depleting substances;

 

1. when it is established that the natural persons/ legal entity has submitted false statements, incorrect information and/or falsified information regarding the information required to obtain the license for which they have applied or even at the reporting stage;

 

1. the license holder fails to meet the conditions laid down in it;

 

1. the license holder submits a request to waive the license.

 

2. Following the receipt of the proposal by the State Inspectorate responsible for the environment, or the Directorate responsible for the ozone depleting substances Policies in the Ministry, the Minister responsible for environment, signs the act of revocation of the license.
3. The National Environmental Agency publishes the act of revocation in the National Register of Licenses, Authorizations and Permits.

 

1. Transitional provisions

 

1. Any interested party, subject to DCM no. 10, dated 9.1.2019 “On the adoption of rules for the production, import, export, placing on the market and use of ozone depleting substances, as well as for import, export, placing on the market  and use of products and equipment containing these substances”, has the right to appeal administratively, with a request to the NBC, regarding acts, actions or omissions of the ministry.

      APPENDIX 1/a                                           MINISTRY OF TOURISM AND ENVIRONMENT                                                                          MINISTER                                                 No._____ Prot.                                                                              Tirana, on ___.___.2019      

APPROVAL ACT TO OBTAIN THE LICENSE FOR IMPORTING OZONE DEPLETING SUBSTANCES

  Pursuant to point 2 of Chapter VII of Decision of the Council of Ministers no. 10, dated 09.01.2019, “On the adoption of rules for the production, import, export, placing on the market  and use of ozone depleting substances, as well as for import, export, placing on the market  and use of products and equipment containing these substances”, and with the proposal of the structure responsible for obtaining the license of ozone depleting substances, the Minister: DECIDED: Approval to obtain the import license for ozone depleting substances with the information, as follows:  

• No. of approval:

  (2) Name of the natural person / legal entity importing: Importer Registration Code Number (Unique Code): NUIS: Address (City, Street No., etc.): Phone no.: Fax or e-mail: Name of technical director:   (3) Description of the purpose of import / use: (a) Protection of human / plant / animal life, etc. (b) Fire protection (c) Safety of transport (d) Scientific research purposes (e) Other: The scope of import of the ozone depleting substance, the user and other reasons of the use of these substance shall be described.   (4) The ultimate user of the ozone depleting substance:   (5) The ultimate user of the products that contain ozone depleting substances:   (6) Date of issuance of the import license and deadline of the use of the license.   The license shall be invalid if it is not accompanied by the Approval Act defining the import quotas for ozone depleting substances for this subject.   (7) With the provision of this License, the natural person / legal entity has the obligation to report periodically, in accordance with the applicable legislation on ozone depleting substances.    

MINISTER

 NAME SURNAME

( signature, stamp)

      APPENDIX 1/b                                                MINISTRY OF TOURISM AND ENVIRONMENT                                                                            MINISTER                                                     No._____ Prot.                                                                              Tirana, on ___.___.2019       REFUSAL ACT TO OBTAIN THE LICENSE FOR IMPORTING OZONE DEPLETING SUBSTANCES   Pursuant to point 2 of Chapter VII of the Decision of the Council of Ministers no. 10, dated 09.01.2019, “On the adoption of rules for the production, import, export, placing on the market  and use of ozone depleting substances, as well as for import, export, placing on the market  and use of products and equipment containing these substances”, and with the proposal of the structure responsible for obtaining the license of ozone depleting substances, the Minister, DECIDED:   Refusal to obtain the import license for ozone depleting substances with the information, as follows:  

• No. of refusal:

 

• Name of the natural person / legal entity importing:

Importer Registration Code Number (Unique Code): NUIS: Address (City, Street No., etc.): Phone no.: Fax or e-mail: Name of technical director:  

• Grounds for refusal:

1. ————————————————————————————————————————————————————————————————————————————————————————————————;
2. —————————————————————————————————————————————————————————————————————————————————————————————————————————

                                                                                     MINISTER

NAME SURNAME

(signature, stamp)