INSTRUCTION No.06, date 06.05. 2019 “FOR ESTABLISHING THE METHOD OF DIVISION OF THE ANNUAL QUOTAS REGARDING THE IMPORT OF CONTROLED SUBSTANCES”

MINISTRY OF TOURISM AND ENVIRONMENT

MINISTER

INSTRUCTION

No.06, date 06.05. 2019

“FOR ESTABLISHING THE METHOD OF DIVISION OF THE ANNUAL QUOTAS REGARDING THE IMPORT OF CONTROLED SUBSTANCES”

Pursuant to point 4, Article 102, of the Constitution, Article 35 and Article 70 of Law no. 10431, dated 9.6.2011 “On Environmental Protection”, as amended and point 1 of Chapter VI of the Decision of the 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”,

INSTRUCT:

Allocation of the annual quota for the import of controlled substances included in Annex C, Group I of Appendix 1, attached to the Decision of the 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” is made between the interested subjects according to the respective calendar years and the Annual Quotas Diagram set out in Appendix 4, DCM no. 10/2019.

The annual import quota, as defined in Appendix 4 of DCM no. 10/2019, is distributed among the entities licensed by code III.3 who apply to the Ministry, while respecting the rules for avoiding monopoly. In no case, a full import quota is issued to a single entity.

The application for an import quota from the subjects is done 1 (one) time per year, for the annual import quota.

When at the same time, more than one subject is applying to the Ministry, the annual import quota made available, whenever possible, is distributed equally or roughly among the interested subjects. In any case, the allocation of the quota is distributed and is based on a simple mathematical calculation that includes the number of subjects that have applied, the quantities they have requested and how much is the total amount allowed to be imported for Albania for the year in question.

The annual quota for the import of hydro-chlorofluorocarbons (HCFCs) in the customs territory of the Republic of Albania, even when these substances are found in a mixture, is made according to the provisions of Appendix 4 of 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”.

Subjects licensed for exercising the import of controlled substances in accordance with Category III.3, for each quantity imported within the annual quota, shall submit to the Ministry of Tourism and Environment the following documents:

Request to obtain an import quota for ozone-depleting substances; The request shall contain the complete and exact data specified in the authorisation to obtain annual quota on import of ozone depleting substances.
Copy of license with code III.3 for the import of ozone-depleting substances;
The filled out form of the notification on imported controlled substances, in accordance with Appendix 8, DCM 10/2019;
Self-declaration regarding the fulfilment of the reporting obligations as defined by DCM no. 10/2019.
Copy of the report submitted to the Ministry and the National Ozone Unit in accordance with Point 3 of Chapter XI of DCM No. 10/2019.

The deadline for reviewing the documentation to grant the authorization according to point 16 of this decision, is 20 (twenty) business days from the date of receipt of the request. The Ministry may require to the subject applicant to provide additional documentation.

The subject must submit additional documentation within 5 (days) business days from the date of receipt of the notice. The 5 (five) day deadline for completing the documentation is not calculated within the 20 (twenty) days term.

The Ministry of Tourism and the Environment, within 5 (five) business days, from the date of receipt of the authorization request for the “Import Quota of Controlled Substances”, submits the request to the National Ozone Unit (NOU) for consideration.

NOU gives its considerations in writing and submits them to the Ministry within 5 (five) business days, from the day of receipt.

The responsible Directorate of Policies in the field of ozone-depleting substances, reviews the application and considerations of NOU and drafts the act of approving / rejecting the request within 10 (ten) business days from the date of receipt of NOU’s considerations, as per the Appendices to this Guideline.

The approval of the import request for controlled substances quotas is valid for a period of 3 (three) months from the date of its issue. A copy of the “Import Quota of Controlled Substances” authorization is forwarded by the Ministry to the General Directorate of Customs.

Each importer subject within 10 (ten) calendar days after the expiration of the three-month deadline must officially notify the Ministry of Tourism and Environment and NOU, for the implementation or not of the received authorization.

In the case of failure to notification in compliance with point 13 as above and non-reporting in accordance with the provisions of point 3, Chapter XI of the DCM, no.10/2019, constitute a cause of refusal for future request to import controlled substances.

The Responsible Directorate of Policies in the field of ozone-depleting substances creates and maintains a register with the subject applicants, the authorizations of the import quota issued or refused, and any other data related to this process.

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

The Directorate responsible for Policies in the field of ozone depleting substances is charged for the implementation of this Instruction.

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

M I N I S T E R
BLENDI KLOSI

Appendix 1/a

MINISTRY OF TOURISM AND ENVIRONMENT
MINISTER

No._____ Prot. Tirana, on ___.___.2019

AUTHORISATION FOR EQUIPMENT WITH AN IMPORT QUOTA FOR OZONE DEPLETING SUBSTANCES

Pursuant to 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”, this authorization for equipment with an import quota for ozone-depleting substances is adopted, with the following information:

Authorization no.: ………….

Information about the natural person /legal entity person importer:

Name of natural person or legal entity importing: ……………………..

Importer Registration Code Number:…………………..

NUIS: ……………………….

Address (City, Street No., etc.): …………………………………………..

Telephone no. : ……………………. Fax: ……………………………………

Name of authorized person: …………………………………………….

Data on the ozone depleting substance that is imported or contained in the imported product:

Name of substance: ……………………………………….

Tariff Code: …………………………

Chemical Formula …………………..,

Symbol ………………..

The quantity in kilograms of the ozone depleting substance to be imported: …………………..

Quantity in kilograms of the ozone depleting substance contained in the unit of the imported product:

Note: to be clarified how the ozone depletion substance will be transported, what equipment will be used as well as their capacity.

Description of purpose of use:

(a) Protection of human / plant / animal life, etc.

(b) Fire protection

(d) Scientific research purposes

(e) Other:……………………………………

Information on the company from which the ozone depleting substance or the product containing it, is being purchased:

Name of the Company: ……………………………………………

Address (Country, City, Street, No. etc.): ……………………………………………
Telephone no.: ……………………… Fax: ………………………………………………..

Country from which the ozone depleting substance or the product containing it is being imported: …………………

The ultimate user of the ozone depleting substance:

…………………………………………………………………………………………………………………………………………………………………………………………………………

The ultimate user of the products that contain ozone depleting substances …………………………………………………………………………………………………………………………………………………………………………………………………………

Authorization of the import quota for the ozone depleting substance referred to above is valid for a period of 3 (three) months from the date of issue on __ / ___ / ___ 2019 until ___ / ____ / 2019.

The natural person / legal entity “………” holds legal responsibilities provided in law no. 10431, dated 9.6.2011, “On environmental protection”, as amended, and in Decision of the 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” for the import of ozone depleting substances for which this authorization is issued.

M I N I S T ER

NAME SURNAME

(signature, stamp)

Appendix 1 / b

MINISTRY OF TOURISM AND ENVIRONMENT
MINISTER

No._____ Prot. Tirana, on ___.___.2019

REFUSAL ACT ON THE EQUIPMENT WITH AN IMPORT QUOTA FOR OZONE DEPLETING SUBSTANCES

Pursuant to 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”, the authorization for equipment with an import quota for the import of controlled substances is refused, with the following information:

of refusal: ……….

Information about the natural person/legal entity importer:

Name of natural person or legal entity importing: ……………………..

Importer Registration Code Number:…………………..

NUIS: ……………………….

Address (City, Street No., etc.): …………………………………………..

Telephone no. : ……………………. Fax: ……………………………………

Name of authorized person: …………………………………………….

Information on the ozone depleting substance that is imported or contained in the imported product:

Name of substance: ……………………………………….

Tariff Code: …………………………

Chemical Formula …………………..,

Symbol ………………..

The quantity in kilograms of the ozone depleting substance to be imported: …………………..

Quantity in kilograms of the ozone depleting substance contained in the unit of the imported product:

Note: to be clarified how the ozone depletion substance will be transported, what equipment will be used as well as their capacity.

Description of purpose of use:

(a) Protection of human / plant / animal life, etc

(b) Fire protection

(d) Scientific research purpose

(e) Other:……………………………………

Information on the company from which the ozone depleting substance or the product containing it, is being purchased:

Name of the Company: ……………………………………………

Address (Country, City, Street, No. etc.): ……………………………………………
Telephone no.: ……………………… Fax: ………………………………………………..\

Country from which the ozone depleting substance or the product containing it is being imported: …………………

Grounds for Refusal:
…………………

…………………

M I N I S T E R

NAME SURNAME

(signature, stamp)

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