Republic of Albania People’s Assembly Law No. 9130 date September 8, 2003 Port Authority Law



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Republic of Albania – Port Authority Law




Republic of Albania

People’s Assembly
Law
No. 9130 date September 8, 2003
Port Authority Law
On the basis of Articles 78 and 83, point 1of the Constitution of the Republic of Albania and on the proposal of the Council of Ministers

The People’s Assembly of the Republic of Albania


Decided:

Chapter 1




GENERAL PROVISIONS




Article 1




Objective of the Law

The objective of this Law is to:



  1. implement a development strategy for the commercial sea ports of Albania for the port infrastructure, superstructure, equipment, financial and human resources, in order to offer effective support for the achievement of local, regional and national economic objectives, and to promote Albania's competitiveness and trade objectives;

  2. make the system of the commercial sea ports of Albania efficient and commercially oriented, to improve their competitiveness, to promote Albania’s trade and economic development through the direct involvement of the private sector with a view to relieve public expenditure and to contribute to the financing of port modernization;

  3. shift the ports from “service ports” to “landlord ports” to increase the commercial independence of the port.

  4. base the ports’ infrastructure and services on international practices and standards that are consistent with those of Albania's major trading partners in order to foster harmonization of standards among nations;

  5. ensure high level standards in the provision of port services to satisfy the needs of users at reasonable costs to them;

  6. provide high level of safety in operations and environmental protection;

  7. provide autonomy for the management of the port authorities and various operators rendering port services;

  8. provide the leasing, concessioning and licensing of some of the port facilities designated for operations; and

  9. co-ordinate with other maritime activities land transportation systems.



Article 2




The object

The object of this law is to define the organization, rules, functioning and administration, the relationship with the operators and state institutions, as well as and the representation of the port authority.

Article 3

Application

This Law is applicable to the sea ports of the Republic of Albania, which comply with the defined administrative standards and are considered as such with a Decision of Council of Ministers.


Article 4



Definitions

The definitions in this Law, have the following meaning:

1. “immovable property” includes quays, berths, breakwater, terminals, warehouses, or any other building or working premises adjacent to the basin, as well as all the land used for port operations;

2.


“port dues” include port tariffs, berthing and other fees and charges to persons and ship owners, cargo and other transport means;

3. “port authority” is the juridical entity, representing public interests and administers public property in conformity with the law. It established and exercise its responsibilities with the sea ports territory of the Republic of Albania;

4. “harbor master” means the harbor master of a commercial sea port, designated by the responsible institutions;

5. “Advisory Committee of the port” is a forum of the port authority, to consult the Supervisory Board;


6. “license” is the right granted by port authority, to perform services within the port area, against license fee, and other charges, according to the contractual agreement;

7. “Goods” are all cargos for commercial use, except the vessel;

8. “Minister” is the responsible Minister for the Albanian sea ports;

9. “Authorized operator in the port” is the person who has a concession or lease contract with the respective port authority, who is obliged to offer and provide certain commercial services and activities within the said port, as well as generate revenues on his and port authority behalf;

10. “Port operator” is the person who has concession or lease contract, and obliged to offer and provide certain commercial services in the port;

11. “Billed payments of port authority” are all payments made from operators, agents, and collected by port authority;

12. “public property” are all immovable administered by Government of the Republic of Albania;

13. “Port user” is the person who exercise his commercial activity in the port;

14. “Person” is a juridical person or entity, and could be a joint venture or shareholding company;

15. “landlord port” is a port where port authority is administering only the infrastructure, and is not involved in operations and services;

16. “Commercial Port” is the port under the jurisdiction of port authority, which perform commercial activities within its immovable property, port basin, whose limits are defined through legal acts and bylaws, registered and described accordingly in the specific port regulations;

17. “tariffs to vessels” is any fees or payment requested by port authority or a licensed operator, to the ship owner or his agent;

18. “tariffs to goods” is any tariff set by port authority or a licensed operator, to the owner of cargo or their agents;

19. “owner” means:



  1. in case of vessels: the agent, the leaser, or captain of the ship

  2. in case of cargo: except the agent, the sender, receiver, cargo watchers, and the transporter of goods to or from the owner, under the jurisdiction of port authority;

“goods'' includes all personal property other than ships.

“Minister” means the Minister responsible for the Albanian Ports.

“owner” includes:

“commercial port” means a port under the jurisdiction of a port authority monitoring the commercial activities in at or adjacent to the port and the real property and immovable that a port authority manages, holds or occupies of which the locations and boarders shall be described in the respective port’s regulations, including the navigable waters unless the water areas are defined in a harbour master law.

“user”, in respect of the port, means a person that makes commercial use of the port.

“operator”1, in respect of the port, means a person that has a valid contract, license, lease or concession with a port authority obliging the operator to offer and provide commercial services in that port in return for the payment of fees payable by port users.

“authorised operator” in respect of the port, means a person that has a valid contract, license, lease or concession with the respective port authority obliging the operator to offer and provide commercial services in that port in return for the payment of fees payable by port users and is authorised to collect these fees in his own name and on behalf of the port authority.

“license” means a right issued by a port authority as licensor for the licensee to perform services or works in, at or for that port as authorised by the port authority in return for the payment of a license fee and other levies as contractually agreed.


Article 5

Functioning of the Port Authority

Albanian Port Authorities, that are functioning conform this law:




  1. are of a strategic importance to Albania’s trade;

  2. are linked to a major rail line;

  3. serve to the regional economy;

  4. have diversified maritime traffic;

  5. have appropriate financial resources

  6. fully implement their “landlord” status within a period as per Article 9, point 3 of this Law, in order to exercise, through private sector resources, commercial activities, to manage and control the port, as defined in their statutes, and issued by-laws and regulations;

Article 6

The port authority and the state institutions

All Government institutions in Albania are committed, through this Law, when performing their services or duties in an Albanian port:



  1. to maintain public trust and confidence through integrity and professionalism of their services and duties

  2. to clarify, through a set of regulations which must include a code of ethics stating ethical principles, values and behaviors to be applied by all their staff; and

  3. to ensure that all their staff is accountable for its own ethical, moral and professional behavior, taking into consideration the provisions of this Law and the other Albanian laws.


Article 7




Liability





  1. The Port Authority must fulfill or satisfy any obligation and liability in respect of its status.

  2. The Port Authority shall fully maintain in good standing at all times the insurance coverage required by any regulations made under Article 53 point c.


Article 8




Financial Management




The financial management of the port authority shall be carried out in accordance with the applicable Laws and auditing and accounting standards of the Republic of Albania.

Chapter 2




Port Authority and Board of Directors









Article 9

Port Authority





  1. The Port Authority is a legal entity, organized and functioning in conformity with the provisions of this law, the statute approved with e Decision of Council of Ministers, and the existing legislation.

  2. The Port Authority has attached to its name the name of the town where the port is located.

  3. Transfer of the rights to administer public property to the port authority and also other rights related to it, is made in conformity with the organization structure of it, as “landlors port”, within a period of three years.















Article 10


The organs (or entity) of the Port Authority
1. The organs (or entity) of the Port Authority are:

a. Supervisory Board





  1. The Executive Directory

2. The organs of the port authority, during their functions are assisted and consulted by the Advisory Council.














Article 11




Appointment of Supervisory Board Members


1. Members of the Supervisory Board of the Port Authority shall be appointed by the Minister responsible for the Albanian ports. The composition of the Supervisory Board is as follows:

  1. two individuals from the responsible Ministry for ports;

  2. one individual from the Ministry, representing the owner of the public property ;

  3. one individual from the prefecture where the port is located;

  4. one individual from e municipality of the town where the port is located;

  5. two individuals from private sector, proposed by advisory council of the port.

Advisory Council could propose more than two individuals, but the responsible minister appoint two from the listed candidates.


  1. 2. The meeting of Supervisory Board is held when more 1/2 of its members are present. In case of dismissal of the members of the Supervisory Board, their replacement is made in accordance to the point 1 of this Article.








  1. Supervisory Board decides on the remuneration of its members, the chairman and the executive director, in accordance with the applicable legislation.

  2. The members of the Supervisory Board are appointed for a period not longer than 3 years, and have the right to be re-appointed only once. Members of the Supervisory Board have the status of part time job.

  3. The board of directors shall fix the remuneration of the directors, the chairperson and the chief executive officer based on the respective legislation.5. Supervisory Board in its first meeting, elect the Chairman and his deputy. The Chairman, is usually elected from the representatives of the responsible ministry.

  4. The number of members of any board of directors shall be uneven and may vary with regard to the size of the port and the qualified majority of members shall originate from the public sector.


Article 12

Criteria for the Appointment of Members of Supervisory Board





  1. Members of Supervisory Board should have over 5 years working experience in transport sector, and extensive knowledge in business administration, port operations or commercial navy.


Article 13

Non-compliance with the position of Supervisory Board Member

Members of the supervisory board shall not be elected those who:



  1. are not Albanian citizens;

  2. are not resident in Albania;

  3. are contractors of a port user, or directors, employees of the port user;

  4. have not fulfilled obligations borne from bankruptcy;

  5. are penalized for penal acts, administrative trespassing, fiscal evasion, and bending the provisions of the customs code or port activity regulations;

  6. are dismissed from public service administration;

  7. have conflict of interests; a member of Parliament or an officer or employee of the public administration or of a regional or state owned corporation or other state activity;









Article 14

Dismissal of Supervisory Board Members

Responsible minister for Albanian sea ports, replace a member of Supervisory Board of the Port Authority, when:



  1. he is dismissed from his duty, because:

    1. does not comply with e requirements of Article 19;

    2. makes penal acts or bend the provisions of the Customs Code and Port Regulations

  2. he:

    1. submit in writing his resignation;

    2. is not able to exercise his duties, or dies;

(iii) has terminated his mandate;






Article 15


The rights and duties of the Supervisory Board


  1. Supervisory Board of a port, is the only responsible institution to manage port authority activities, and that exercise the property rights as “landlord” port;

  2. Supervisory Board drafts, amend and repeal internal regulations and decisions that regulate the activity of Port Authority.







Article 16

Establishment and Advisory Council activity





  1. Port Authority, in consultations with responsible minister for the sea ports, establishes an Advisory Council with 11 members, from public and private sector, with the majority of the latest. Advisory Board consults the Supervisory Board of the Port Authority, mainly for the following:

    1. in defining and approving port tariffs from the port authority and their change;

    2. in issuing orders, regulations, codes, standards and recommendations;

    3. in getting loans and borrowing;

    4. in quantitative and qualitative supervising of port activities and operations, in order to maintain competitiveness equilibrium among different operators;

    5. in cases related to port security and environment protection;

  1. Organization and functioning of the Advisory Board is made with a specific order of the responsible minister;

Article 17





Appointment of Executive Director





  1. Supervisory Board appoints the executive director and his deputies, based on the proposal made by the minister.

  2. Executive director appoints other officers and the appropriate personnel to manage the port.

  3. Executive director is not member of the Supervisory Board.


Article 18

Responsibilities of the Supervisory Board Members and other officers

Every member of the Supervisory Board and employee of the port authority, exercising his duties and responsibilities, shall:



  1. act honestly and in good faith with a view to the best interests of the port authority;

  2. be professional in his job;

  3. pursue the objective of transforming the port to a “landlord” port;

  4. ensure the port’s capacity and efficiency, in order to meet user and market demand, and

  5. ascertain the right and efficient allocation of the port’s human, technical and financial resources.


Article 19

Relations between Supervisory Board and Executive Director

Executive Director is responsible to the Supervisory Board for the managing and administering port authority. He coordinates the activities for programming and defining revenue resources of the departments and other units.









Article 21

Responsibilities and relationship between executive director and his employees





  1. Responsibilities of the executive director are:

a. to ensure management and effective administration of the port;

b. to develop, implement and realize activities defined by this law;



  1. to prepare related documentation of the port authority for human resources and administers those resources;

  2. to represent port authority in the respective ministry and in relation with third parties;

  3. to ensure implementation of the port authority policies and other legal requirements regarding this authority;

  4. to encourage professionalism and high staff quality;

  5. to ensure the necessary information for the supervisory board, regarding issues related to port authority;

  6. to contribute in drafting policies which seek effective development of port authority and inform accordingly the supervisory board in respect to those policies;

  7. to implement other duties defined by supervisory board;

  1. Officers of the other units are accountable to the executive director.

  2. Executive Director is the general manager of the Port Authority and acts based on the authority delegated by supervisory board, and reports directly to it.

  3. Executive Director implement policies which contribute to the strengthening of port authority and his responsibilities, clarify his staff for their work and exercise public duties, keeping the good faith, integrity and professionalism in performing port services.

  4. Executive Director, based on the requests made, gives permission to enter in the port, every entity which performs its activities within port areas.


Article 21

Meetings of the Supervisory Board





  1. Supervisory Board, usually, held its meetings once in three months.

  2. Supervisory Board of the Port Authority held his annual meeting not later than one month after the annual balance sheet closure of the port authority.

  3. Annual meetings are open to the public and every other meeting gets the public opinion on his performance.

  4. The port authority announce in the local newspaper (at least 30 days before the meeting), the time and venue of the annual meeting and makes possible accessibility of the public to the annual balance sheets.

  5. During the annual meeting, supervisory board ensure:

a. the necessary number of the copies of annual financial statements for all of those who are present in the meeting;

b. that executive director and supervisory board members will answer to the questions of

the participants present in the meeting.






Chapter 3




Exercising activities











Article 22

The activities





  1. Port Authority, through executive director, coordinates, administers the following activities:



  1. port activities related to shipping, navigation, transportation of passengers and goods, handling and storage of goods, whether by port itself or private operators;

  2. other activities that are deemed to be necessary to support activities described under point a of this Article.

  1. Executive Director sign the contracts on behalf of Port Authority.


Article 23

Power to Borrow Money





  1. Port Authority may borrow money on its own credit only for port purposes. Proposal to borrow and get loans is preliminary discussed by Advisory Council of the port and approved by its Supervisory Board.

  2. Proposal to get an investment loan, is passed on studies or analysis which define priorities of the projects and feasibility studies.

  3. The Port Authority can not mortgage, hypothecate or otherwise create a security interestsA port authority may not mortgage, hypothecate, pledge or otherwise create a security interest onin the government real property or government immovable that it manages. Port Authority may use for this puf tt property.

Article 24

Power to Invest





  1. The Minister may, request funds from State Budget to invest on rehabilitation and modernization of port infrastructure and superstructure, to meet strategic objectives, defined in Articles 1 and 51 of this law. Responsible Minister, in order to rehabilitate or modernize the port, uses approved funds from the state budget to this Ministry, in agreement with Port Authority.

  2. 2. Port Authority, in order to meet strategic objectives defined in Article 1 of this law, take the necessary steps to invest its own funds to extend, modernize and rehabilitate port infrastructure. 18

Article 25

Dissemination of Financial Status


      1. Port Authority disseminate to the public (at least 30 days before the meeting), financial statements of the previous fiscal year, which are approved by Supervisory Board, in conformity with general accounting principles.

      2. Financial Statements present payments made to each of the following persons, including any other payment made in the form of allowances or fees:

a. members of Supervisory Board

b. executive director



  1. officers and employees when the amount is above the planned limits

      1. Port Authority presents to the Minister audited balance sheets, before the annual meeting, and is obliged to report to him on the financial and economic activities performed.

      2. Executive Director, on behalf of Port Authority, in each annual meeting shall present:

a. comparative balance sheets;

b. the report of the authorized auditors;

c. any other information related to the financial position of the Port Authority.

5. Balance Sheets, presented to participants, are audited by an authorized auditor and are approved by Supervisory Board.









Article 26

Accounting Books and systems





  1. Port Authority:

a. keeps accounting books and reports





  1. The status of a port authority operating under this Law shall be as follows:
































  1. Error: Reference source not found









b. Ensure that financial and management control, information systems and management practices are in compliance with applicable laws


2. Accounting books, registration, systems and practices are maintained, in order to guarantee that:

a. port authority actives are secured and properly checked;


b. activities of port authority are in compliance with applicable laws;

c. human, financial and physical resources of port authority are properly and effectively managed, and that the operations are duly performed.



Article 27

Business Plan

Port Authority present to the Minister for approval, a 3 to 5 year business plan, which is annually updated. The business plan could include:

a. a report where the main objectives of the business plan are described;

b. a market strategy;

c. a forecast for ship traffic and cargo amount

d. plans for developing port infrastructure;

e. planning of activities;

f. human resources development plan;

g. information systems;

h. plans for investments, funds absorbing;

i. financial plan, financial agreements, including borrowing;

j. any report related to proposed changes.



  1. Balance Sheets and Business Plans are prepared in order to give clear information on every activity of Port Authority.







Article 28

Control to the Port Authority





  1. Respective government institutions, exercise their control activities to port authority, in order to decide whether its activities have been in compliance with applicable legislation.

  2. The control analyses systems and practices used by port authority.

Article 29

Report on the performed control





  1. The respective institution, upon completion of its controlling activities, present to the Supervisory Board and to the Minister, a report with the conclusions of its control.

  2. The report shall include a statement as to whether there is reasonable assurance that there are no significant deficiencies in the systems and practices examined.



Article 30

Responsibilities and Obligations


  1. For all immovable and assets that administers, port authority shall comply with all obligations and responsibilities related to the property, following the applicable law.

  2. Any civil, criminal or administrative action or proceeding with respect to any Government property or immovable that a port authority manages, shall be taken by the port authority.



















Article 31

Concessions

1. Giving of concessions, issuing licenses to use any of government properties or port authority assets, in order to increase competitiveness, is usually made in compliance with the existing legislation on concessions.

2. Port Authority drafts clear criteria on qualifications, experience, performance, as well as of giving the concession, which shall be approved with a decision of Council of Ministers.

3. Concession, license of use or lending of port premises, shall be made by Supervisory Board, following point 2 of this Article, after the approval by technical financial bodies, in consultation with Advisory Council of the port.



  1. Port Authority exercise its responsibilities in accordance with point 1 and 3 of this Article and could prepare and issue the required documentation for this purpose.

Article 32

The Rights upon public property


  1. Port Authority shall not sell any of the public properties that administers, but could:

a. offer facilities, give rights or issue permissions in relation to the services or to make possible their use;

b. to sell equipment and draft the require documentation for this purpose;

c. to obtain the necessary land or water surface to extend the port, in support to port operations;

2. Port Authority prepares and deliver the required documentations in relation to points a, b, and c, of this Article.




Article 33


Effects of Land-Use Plan





  1. The land-use plan may:

  1. prohibit the use of the public property for certain purposes (e.g. the storage of harmful substances);

  2. prohibit the constructions which could prevent regular operations in the port;

  3. regulate the type of structures and works that may be carried out;

  4. identify areas that the port authority intends to acquire for the port activities and other functions in their support;

  1. Port Authority in preparing and updating the land use plan, shall take into account and comply with the relevant Albanian laws and internationally applied standards. The plan shall contain provisions for future revisions, if this is required from changes in the port’s development strategy.

  2. A port authority will publish in newspapers, the notice related to every update of land-use plan.

  3. Port Authority approves the plan, after considering comments and remarks made by interested parties. The land use plan, approved by this law is legally binding document.

Article 34


Railways in the Port
1. Port Authority, when it is required, enters in agreement with the General Directorate of Railways, in order to grant to it the permission to use the land.

  1. General Directorate of Railways:

a. shall ensure, during the whole period, functioning of the railway system of the port;

b. is responsible for managing its staff, and safe traffic flow of rail system means.



Chapter 4




Tariffs




Article 35




Setting of Tariffs





  1. Port Authority or the authorized operator may define the tariffs to be paid in respect of:

a. ships, vehicles and persons using port facilities;

b. cargo handling, charging and discharging of ships, their marketing within port area or storage in the port;



  1. c.

any service provided by port authority or the authorized operator, or any right or privilege conferred by it, in respect of the port.

  1. The port authority may fix the interest rate that it charges on overdue payments

  2. Defined tariffs by the port authority under point 1., shall be at a level that permits it to be self-sustaining financially, and at the same time to be reasonable and fair.

  3. When proposed by a port operator, port authority, after consultations with Advisory Board, defines a higher limit for the tariffs.

  4. Any ceiling tariffs, proposed by port authority, according to point 4, should not put at risk economic and financial viability of the operator.





Article 36

Liability for Tariffs

1. Tariffs and their interests, defined by this law, in respect of a ship or goods, shall be paid by the owner or the person in charge of the ship or goods, and shall be collected by the port authority or the authorized operator.

2. Tariffs and their interests, defined by this law, in respect of a person or vehicle, shall be paid by that person or by the owner of the vehicle and shall be collected by the port authority or the authorized operator.

Article 37

Equity and Access





  1. When defines tariffs, Port Authority or the authorized operator, shall not discriminate the equity of the users

  2. It is not discrimination, when there are differences made based on the volume of cargo or the goods which are commercially different, and commercially are acceptable for licensed person which has the right to set the tariffs.



Article 38

The notice for new tariffs or their revision





  1. When port authority or its authorized operator, sets new tariffs or revises the existing tariffs on storage or berthing, it shall not discriminate users, and should give notice for the proposed tariffs. New tariffs shall come into force after 60 days from the date of their publication in the newspaper.

  2. The notice shall:

  1. set out the particulars of the proposed tariffs;

  2. specify the tariff to be obtained from the port authority;

  3. specify the address where the interested persons should be presented.

  1. The Port Authority shall:

  1. Publish the notice in a have major newspaper issued within the territory of the Republic of Albania;

  2. send, by mail or by electronic means, a copy of the notice to organizations, whose members will be affected by the new tariff.



Article 39

Complaints


1. Any interested person may file a complaint with Executive Director, when in his opinion there is discrimination in defining tariffs.

2. Executive Director is obliged to reply within 30 days from the date of filing of the compliant.

Chapter 5




Environmental Protection and Safety




Article 40

Environment Protection Service


1. Port Authority establishes a qualified service for the environment protection within the port area, and defines its responsibilities.

2. Port Authority defines the duties of this service.

3. Environment Protection Service registers the cases and activities which negatively impact the environment, and apply the related regulations, decisions and orders issued by port authority, in compliance with the requirements defined in the national and international legislation, with systems and practices accepted by Albanian Government, in relation to environment protection and the port area.


  1. Duties of the Environment Protection Service include:

a. drafting of contingency plans, regulations for environment protection from spills during transport, cargo handling and storage of substances that may harm the environment;

b. participation in the preparation of the business plan and the land use plan



  1. The official of environment protection service, periodically, every year, but also in emergency cases, presents to the Supervisory Board, a detailed report on environment issues of the port.

Article 41

Safety Service


1. Port Authority in order to ensure the safety of the life and people injuries, as well as damage or lost of the goods in Albanian Ports, establishes safety services and ensure the necessary staff. Safety Service implements the regulations and orders issued by port authority, until those does not impede it in enforcing the law.

2. Safety Service register all accidents occurred and applies approved regulations and orders based on the national and international legislation, as well as systems and practices accepted by Albanian Government , in respect to the life and goods protection.

3. Duties of the Safety Service include:

a. drafting the safety regulations during transportation, movement or storage of explosives or other substances which may put at risk the life and property;

b. preparing plans and safety regulations for persons and transport means in the port

c. suggestions during the preparation of the business plan and land use plan



4. Safety Service presents to Supervisory Board every year, a report on the safety issues.














Article 42

Co-ordination of Duties





  1. The environment protection and he safety services personnel, appointed by port authority, must co-ordinate with the General Harbor-master Office and other regional and national organizations responsible for the protection of the environment and for industrial safety.

  2. Co-ordination must be effected through formal lines of communication as agreed between the port authority and the General Harbor Master Office of all Albanian ports, and is realized by the port safety, port environment protection services and responsible staff from the harbor-master office.

  3. The officials of environment protection and safety are responsible for environment and safety in the land area of the port, while the harbor master is responsible for the water areas of the port and ships.

  4. In cases of disputes, in relation to environment protection and safety, between the respective officials of the port authority and harbor master, interferes General Harbor Master Office, whose decision is obligatory.




Chapter 6

Detention of Ships




Article 43

Detention





  1. The detention of the ships in the port areas will be only by the decision of the competent court, except in case when in the law there are different provisions.

  2. Port authority may ask to the respective court to issue a detention order, in respect of a ship or goods carried on a ship, if the port authority believes on reasonable grounds:

  1. that the owner of the ship or goods has, in respect of the ship or goods, contravened this Law;

  2. that an amount is due and payable for tariffs or interest imposed under this Law;

  3. that property that is managed by the port authority has been damaged by the ship or through the fault or negligence of a member of the crew of the ship.


Chapter 7




Other Powers


Article 44

Lien





  1. Port authority or the authorized operator have at all times a lien on a ship and on the proceeds of its disposition, for an amount owing to the port authority or the operator and the amount consists of:

  1. Tariffs and interests, that the ship or goods carried on the ship should pay;

  2. damage to property caused by the ship or through the fault or negligence of a member of the crew of the ship.

  1. Port authority or the authorized operator, have at all times a lien on goods on the property under their responsibility, for the amount equal to tariffs and interest that the ship should pay.



3. Where, in the opinion of a port authority any goods that have been seized and detained, are likely to rot, spoil or otherwise perish, the port authority may sell or otherwise dispose of the goods in the manner and for the price that is reasonable in the circumstances, and the proceeds of the disposition are to be credited toward payment of the amount due or payable, in respect of the ship or goods and the expenses incurred in connection with the detention and sale.

Article 45

Removal of Ships or Goods





  1. Where a port authority is of the opinion that a ship or goods left or abandoned within the port authority’s area of designation, impede, interfere with or render difficult or unsafe the use of that area, the harbor master, on written request of the port authority, shall direct the person who appears to be in charge of the ship or goods to remove the ship or goods to a place that the harbor master considers suitable.

  2. If a person fails to remove a ship or goods as directed by a harbor master, or if no person appears to be in charge of the ship or goods, than harbor master may detain the ship or goods and remove them to a place that the harbor master, in agreement with the port authority, considers suitable. The costs of the detention and removal are to be recovered by the owner of the ship or goods.



Chapter 8

Offences and Punishment




Article 46

Offence





  1. When it is not considered criminal offence, they are administrative offences and a fine, as follows will applied:

  1. In case when the removal of ships, that impede, interfere with port activity, is not made in time and at the designated places, a fine from 200,000 to 700,000 lek is applied;



  2. in cases that vehicles and railway transportation means are placed in areas where impede and interfere with port activities, the fine applied is:

i) for persons from 20,000 to 50,000 lek

ii) for juridical entities, from 50,000 lek to 100,000 lek



  1. The person is not penalized for offence, if he proves that has exercised all carefulness to prevent this offence.

  2. When the person continues to make the same offence, even after the fine is applied, port authority applies the same penalty for every day that the offence is continuing.

  3. Actions taken against the offence could be taken any time, but not later than 1 year after the time that administrative offence has taken place.


Article 47

Fine and the right to complain





  1. Administrative penalties, foreseen under the Article 45, are applied by supervising agents, appointed by executive director.

  2. Against the administrative penalty and fine, within 10 days from the notice, a complain to executive director could be filed.

  3. Executive Director is obliged to consider the complain and to reply to it within 30 days from the date when this complain was filed.





  4. Against the decision of the director and in cases when he fails to reply within the time limit, a complain in the court could be filed, within 30 days from the date when the administrative penalty is applied.

















Chapter 9




Transitional And Final Provisions




Article 48




Previous Members of Supervisory Board




Members of the Supervisory Board of the port authority, appointed before this law comes into force, will continue to exercise their duty until the new members are selected, in accordancce with the provisions of this law.

Article 49

Transitional Provisions





  1. Council of Ministers, within 6 months from the date that this law is effective, shall issue the bylaws, which regulate relations of the port authority with state institutions that perform their duties within port territory.



  2. The Minister, within 1 year after this law is made effective, shall approve the investment and development programs.

  3. Port authority, within 1 year after this law is made effective, shall, issue required regulations, in accordance with Article 16 of this law.

  4. Port authority, after 6 months after this law is made effective, shall issue and implement required regulations, in accordance with point 3 of Article 9 of this law.


Article 50

Property and Obligations





  1. Property administered by the port, in the form and organization that it has before this law is made effective, as well as any other right or obligation related to it, is transferred to the port authority with a decision of Council of Ministers.

  2. All the rights and obligations of the port born before this law is made effective, are

  3. transferred to the port authority.

Article 51




The Land Use Plan





  1. Port authority, within 12 months after this law is made effective, is obliged to draft a detailed new plan or to update the existing plan of the land use, which shall contain objectives and policies for the physical development of the public property that the port authority administers.

  2. The Land Use Plan is approved by the Council of Ministers, with the proposal of the port authority.

Article 52

Tariffs


Port tariffs that are in force, will remain as such, for another 6 months period after the law is made effective.

Article 53
Bylaws
1. Council of Ministers is obliged to issue respective bylaws, in accordance with Article 3, Article 9 point 4 and Article 31 point 2.

2. Minister, in conformity with this law, is responsible to issue orders and regulations for the following:

a. to define where the port could invest;

b. to define the salary structure and limits, according to Article 25 point 2

c. to cover insurance applicable by the port authority.
Article 54
Shfuqizimi
All provisions of laws and bylaws which are in contradiction with this law, are not effective.
Article 55
Effectiveness of the law
This law is effective 15 days after it is published in Official Gazette.
SPOKESMAN OF THE PARLIAMENT

Servet Pellumbi



Chapter 1 1

GENERAL PROVISIONS 1



Article 1 1

Objective of the Law 1

Article 2 2

The object 2

The object of this law is to define the organization, rules, functioning and administration, the relationship with the operators and state institutions, as well as and the representation of the port authority. 2

Article 3 2

Application 2

Article 4 2

Definitions 2

Article 5 4

Functioning of the Port Authority 4

Article 6 4

The port authority and the state institutions 4

Article 7 4

Liability 4

Article 8 4

Financial Management 4

The financial management of the port authority shall be carried out in accordance with the applicable Laws and auditing and accounting standards of the Republic of Albania. 4

Chapter 2 4

Port Authority and Board of Directors 5



Article 9 5

Port Authority 5

Article 10 5

Article 11 6

Appointment of Supervisory Board Members 6

Article 12 7

Criteria for the Appointment of Members of Supervisory Board 7

Article 13 7

Non-compliance with the position of Supervisory Board Member 7

Article 14 7

Dismissal of Supervisory Board Members 7

Article 15 8

Article 16 8

Establishment and Advisory Council activity 8

Article 17 8

Appointment of Executive Director 8

Article 18 9

Responsibilities of the Supervisory Board Members and other officers 9

Article 19 9

Relations between Supervisory Board and Executive Director 9

Article 21 9

Responsibilities and relationship between executive director and his employees 9

Article 21 10

Meetings of the Supervisory Board 10

Chapter 3 10

Exercising activities 10

10

Article 22 11

The activities 11

Article 23 11

Power to Borrow Money 11

Article 24 11

Power to Invest 11

Article 25 11

Dissemination of Financial Status 11

Article 26 12

Accounting Books and systems 12

b. Ensure that financial and management control, information systems and management practices are in compliance with applicable laws 15



a. port authority actives are secured and properly checked; 15

Article 27 15

Business Plan 15

Article 28 15

Control to the Port Authority 15

Article 29 16

Report on the performed control 16

Article 30 16

Responsibilities and Obligations 16

Article 31 17

Concessions 17

Effects of Land-Use Plan 17

Chapter 4 19

Tariffs 19

Article 35 19

Setting of Tariffs 19

Article 36 19

Liability for Tariffs 19

Article 37 19

Equity and Access 19

Article 38 20

The notice for new tariffs or their revision 20

20

Article 39 20

Complaints 20

Chapter 5 20

Environmental Protection and Safety 20

Article 40 20

Environment Protection Service 20

Article 41 21

Article 42 22

Co-ordination of Duties 22

Chapter 6 22

Detention of Ships 22

Article 43 22

Detention 22

Chapter 7 22

Other Powers 22

Article 44 23

Lien 23

Article 45 23

Removal of Ships or Goods 23

Chapter 8 23

Offences and Punishment 23

Article 46 23

Offence 23

Article 47 24

Fine and the right to complain 24

Chapter 9 25



Transitional And Final Provisions 25

Article 48 25

Previous Members of Supervisory Board 25

Members of the Supervisory Board of the port authority, appointed before this law comes into force, will continue to exercise their duty until the new members are selected, in accordancce with the provisions of this law. 25

Article 49 25

Transitional Provisions 25

25

Article 50 25

Property and Obligations 25

Article 51 26

The Land Use Plan 26

Article 52 26

Tariffs 26



1




Translation of 08.07.18


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