ANNUAL REPORT OF EUROPEAN COMMISSION 2016 ALBANIAN ...

ANNUAL REPORT OF EUROPEAN COMMISSION 2016
ALBANIAN CONTRIBUTION - INPUT I
SEPTEMBER 2015 - MAY 2016 TABLE OF CONTENTS I. POLITICAL CRITERIA 6
1. Democracy and the Rule of Law 6
1.1 The Parliament 6
1.2. Activities of the ad hoc parliamentary Committee on Justice Reform
18
1.3 Elections 29
1.4 Government 29
1.5 Public administration reform 32
1.6 Judicial System 42
1.7 Fight against Corruption 43
2. Human Rights 45
3. Regional Issues and International Obligations 48
3.1.Regional Cooperation 48
3.2. Bilateral Relations 49
II. ECONOMIC CRITERIA 51
1. FUNCTIONING MARKET ECONOMY 51
1.1 Recent economic developments 51
1.2 Reporting on monetary and fiscal policies 58
1.3 Interplay of market forces 64
1.4 Market entry and exit 65
1.5 Legal System 65
1.6 Financial sector 65
2. CAPACITY TO COPE WITH COMPETITIVE PRESSURE AND MARKET FORCES WITHIN THE
UNION 71
2.1 Endowment with human and physical capital 71
2.2 Sectorial and enterprise structure 74
2.3 State influence on competitiveness / competition 74
2.4 Trade integration 75
2.5 Real Exchange Rate 76
III. ABILITY TO ASSUME THE OBLIGATIONS OF MEMBERSHIP 78
CHAPTER 1: FREE MOVEMENTS OF GOODS 78
1.1 General principles 78
1.2 The non-harmonized area 82
1.3 The harmonized area 83
1.3.1 New Legislative Framework (NFL) 84
1.3.2 Quality infrastructure 87
1.3.3 Sectoral Legislation (generic questions) (non exhaustive of relevant
acquis) 92
1.3.4 Sectoral legislation & procedural measures (specific questions)
94
CHAPTER 2: FREE MOVEMENTS OF WORKERS 99
2.1 Access to the labour market 99
2.2 Coordination of the social security system 100
CHAPTER 3: RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES 102
3.1 & 2 Right of establishment and freedom to provide services 102
3.3 Postal service 103
3.4 Mutual recognition of professional qualifications 104
CHAPTER 4: FREE MOVEMENT OF CAPITAL 106
4.1 Regime of capital Movements 106
4.2 Payment System 108
4.3 Money laundering prevention and terrorism financing 113
CHAPTER 5: PUBLIC PROCUREMENT 115
5.1 Institutional set up and legal alignment 115
5.2 Implementation and enforcement capacity 120
5.3 Efficient remedies system 125
CHAPTER 6: COMPANY LAW 128
6.1 Company law 128
6.2 Accounting and Auditing 129
CHAPTER 7: INTELLECTUAL PROPERTY LAW 131
7.1 Copyright and related rights 131
7.2 Industrial property rights 132
7.3 Enforcement of Copyright and related Rights 136
CHAPTER 8: COMPETITION 140
8.1 Antitrust and mergers 140
8.1.1 Legislative alignment and institutional set-up 140
8.1.2 Implementation and enforcement capacity 148
8.2 State aid 154
8.2.1 Legislative alignment and institutional set-up 154
8.2.2 Implementation and enforcement capacity 158
8.3 Liberalization 160
CHAPTER 9: FINANCIAL SERVICES 163
9.1. Banks 163
9.2. Insurance and private pension 168
9.3. Capital market 170
CHAPTER 10: INFORMATION SOCIETY AND MEDIA 173
10.1 Telecommunication and information technology 173
10.2 Information society 174
10.3 Audio-visual policy 176
CHAPTER 11: AGRICULTURE AND RURAL DEVELOPMENT 180
11.1 Horizontal issues 180
11.2 Rural Development 181
11.3 Common market organization 185
11.4 Quality policy and legislation 186
11.5 Organic farming 186
CHAPTER 12: FOOD SAFETY, VETERINARY AND PHYTOSANITARY POLICY 188
12.1 Food safety and control 188
12.2 Veterinary policy 196
12.3 Phytosanitary policy 199
12.4 Seed and planting material 199
CHAPTER 13: FISHERIES 200
CHAPTER 14: TRANSPORT POLICY 203
14.1 General 203
14.2 Road transport: 208
14.3 Rail Transport 212
14.4 Maritime Transport 216
14.5 Inland Waterways Transport 216
14.6 Combined Transport 221
CHAPTER 15: ENERGY 224
15.1 Security of supply 224
15.2 Internal energy market 229
15.3 Hydrocarbons 235
15.4 Renewable energy 236
15.5 Energy efficiency 240
15.6 Nuclear energy, nuclear safety and radiation protection 241
CHAPTER 16: TAXATION 246
16.1 Tax policy 246
16.2 Direct taxation 246
16.3 Indirect taxation 246
16.4 Mutual assistance 247
16.5 Public revenue office 248
CHAPTER 17: ECONOMIC AND MONETARY POLICY 252
17.1 General directions 252
17.2 Monetary Policy 253
17.3 Economic Policy 254
CHAPTER 18: STATISTICS 257
18.1 Statistical infrastructure 257
18.2 Macro-economic statistics 260
18.3 Business Statistics 264
18.4 Social Statistics 265
18.5 Agricultural statistics 267
18.6 Environment and energy statistics 268
CHAPTER 19: SOCIAL POLICY 270
19.1 Labour legislation 270
19.2 Requirements of Health and Safety at Work 271
19.3 Social Dialogue 272
19.4 Employment and European Social Fund 273
19.5 Social exclusion 277
19.5.1 Roma 277
19.5.2 People with disabilities 277
19.5.3 Children 278
19.6. Social security 281
19.6.1 Social Protection 281
19.6.2 Social Security 282
19.7 Anti-discrimination and equal opportunities 283
19.7.1 Equal treatment of employed foreign workers 283
19.7.2 Equal Opportunities 284
19.7.3 Antidiscrimination 285
CHAPTER 20: ENTERPRISE AND INDUSTRIAL POLICY 288
20.1 Industrial policy 288
20.2 Privatisation and restructuring 291
20.3 Business environment 291
20.4 SME policy 293
CHAPTER 21: TRANS-EUROPEAN NETWORKS 295
21.1 Trans-European Transport Networks 295
21.2 Trans-European Energy Networks 298
CHAPTER 22: REGIONAL POLICY AND COORDINATION OF STRUCTURAL INSTRUMENTS
301
CHAPTER 23: JUDICIARY AND FUNDAMENTAL RIGHTS 310
23.1 Judiciary System 310
23.2 Anti-corruption policy 318
23.3 Fundamental rights 327
23.3.1 The Right to Life and Integrity of Person 327
23.3.2 Anti discrimination policies 331
23.3.3 Economic and Social Rights 335
23.3.4 Property rights 343
23.3.5 Protection of personal data 347
CHAPTER 24: JUSTICE, FREEDOM AND SECURITY 350
24.1 Legal and illegal Migration 350
24.2 Asylum 363
24.3 Visa Policy 367
24.4 Schengen and external Borders 368
24.5 Fight against organized Crime 385
24.6 Fight against Terrorism 409
24.7 Cooperation in the fight against Drugs 414
CHAPTER 25: SCIENCE AND RESEARCH 416
CHAPTER 26: EDUCATION AND CULTURE 419
26.1 Education 419
26.2 Culture 426
CHAPTER 27: ENVIRONMENT AND CLIMATE CHANGE 434
27.1 Horizontal Legislation 434
27.2 Air Quality 441
27.3 Waste Management 444
27.4 Water Quality 450
27.5 Nature Protection 454
27.6 Industrial Pollution and Risk Management 458
27.7 Chemicals 461
27.9 Civil Protection 464
27.10 Climate Change 465
CHAPTER 28: CONSUMER AND HEALTH PROTECTION 470
28.1 Consumer Protection 470
28.2 Health Protection 473
CHAPTER 29: CUSTOMS UNION 477
CHAPTER 30: EXTERNAL RELATIONS 482
30.1 Commercial policy 482
30.2 Development Cooperation and Humanitarian Aid 483
CHAPTER 31: FOREIGN, SECURITY AND DEFENSE POLICY 484
CHAPTER 32: FINANCIAL CONTROL 490
32.1 Public Internal Financial Control 490
32.2 External audit 500
32.3 Protection of the EU's financial interests 504
32.4 Protection of the euro against counterfeiting 514
CHAPTER 33: FINANCIAL AND BUDGETARY PROVISIONS 519
ANNEX I.1.1: LIST OF STRATEGIES AND STRATEGIC DOCUMENTS APPROVED IN
SEPTEMBER 2015 - MARCH 2016 521
ANNEX III.10.1: INFORMATION REGARDING THE E-GOVERNMENT SERVICES AND OTHER
AGENCIES ACTIVITIES 522
ANNEX III.10.2: INFORMATION ON THE MAIN TRENDS IN THE ELECTRONIC
COMMUNICATIONS MARKET 528
ANNEX III.19.1 531
ANNEX III.19.2 534
ANNEX III.19.3 536
ANNEX III.19.4 538
ANNEX III.19.5 539
ANNEX III.19.6 540
ANNEX III.19.7 542
ANNEX III.19.8 543
ANNEX III.19.9 544
ANNEX III.20.1: ORGANIGRAME OF THE ALBANIAN INVESTMENT DEVELOPMENT AGENCY
545
ANNEX III.22.1: ORGANIGRAME OF CFCU 546
ANNEX III.22.2: ORGANIGRAME OF THE NATIONAL FUND 547
ANNEX III.23.1: LIST OF TRAINING SESSIONS DONE IN THE SCHOOL OF MAGISTRATES
FOR THE PERIOD NOVEMBER 2015 - APRIL 2016 549
ANNEX III.23.2: STATISTICS, JUDICIAL DECISIONS 2015 558
ANNEX III.23.3: EFFICIENCY INDICATORS, DATA OF 2015, MoJ 565
ANNEX III.23.4: EFFICENCY INICATORS 567
ANNEX III.24.1: LEGAL AND PRACTICAL ARRANGEMENTS FOR THE VOLUNTARY RETURN
IN REFERENCE TO THE LAW ON FOREIGNERS, NO. 108/2013. 573
ANNEX III.24.2: IMPLEMENTATION OF ANTI-MONEY LAUNDERING LEGISLATION 578
ANNEX III.24.3: THE ORGANIZATION CHART OF THE GENERAL DIRECTORATE FOR THE
INVESTIGATION OF SERIOUS AND ORGANIZED CRIME 581
ANNEX III.24.4: MONEY LAUNDERING INDICATORS (STATE POLICE) 582
ANNEX III.31.1: ALIGNMENT WITH EU STATEMENTS 589
ANNEX III.31.2: ALIGNMENT OF ALBANIA WITH STATEMENTS/ DECLARATIONS WITHIN
THE FRAMEWORK OF INTERNATIONAL ORGANIZATIONS 592
I. POLITICAL CRITERIA 1. Democracy and the Rule of Law 1.1 The Parliament The Parliament of the Republic of Albania was focused on addressing the
recommendations of the 2015 European Commission's Report on Albania, which
are also related to the conditions for opening accession negotiations with
European Union. Thus, Parliament continued the work on the judiciary
reform, adopted the regulatory framework for Parliament's
decriminalization, adopted 7 laws requiring qualified majority, two of them
are part of the Roadmap for addressing the 5 EC's priorities[1], started
work on election reform and also further strengthened its oversight role in
the European integration process. The justice system reform is already in its third phase. It is worth
mentioning that all parties have accepted and praised the role of Venice
Commission in the reform process and also the opinion of this Commission.
The role of Venice Commission has been proactive and collaborative in this
process. The third phase of the reform started with the work of the high
level experts' group (local and