Chemicals (mercury)

Member:

Legislations

Product Category

Basic information

Outline of the system

Republic of Albania has ratified the Minamata Convention, by Law No. 7/2020 “On ratification of the Minamata Convention "On mercury”". From 26 May 2020, Albania is listed among Parties which have ratified the Minamata Convention.

http://www.mercuryconvention.org/Countries/Parties/tabid/3428/language/e... .

In the field of chemicals management, on 17 March 2016, in Republic of Albania has been approved the new Law No. 27/2016 "On chemicals management".

In article 28, point 1, of this law, is specified that the production, placing on the market, deposit and storage of hazardous chemicals are performed by licensed legal entities. The license for the production, placing on the market, deposit and storage of hazardous chemicals shall be issued by the Minister responsible for industry. Documentation and procedures for issuing licenses for the production, placing on the market, storage and storage of hazardous chemicals shall be approved by the Council of Ministers, on the proposal of the Minister responsible for industry.

Product coverage

The license foreseen in the Law of Chemicals No. 27/2016, cover the production, placing on the market, deposit and storage of hazardous chemicals.

Based on point 3, Section II.2, of the DCM No. 442, dated 26 June 2019 "On approval of the Rules for the Prohibition of Export of Metal Mercury, Mercury Compounds and Mercury Mixtures, Safe storage of metallic mercury and Specific Criterias for Safe storage of metallic mercury Considered waste", is specified that: In any case, placing on the market, deposit and storage of wastes (mercury wastes) shall be carried out in accordance with the requirements laid down in the applicable legislation on the management of chemicals by natural or legal persons, provided with a relevant license for the production, placing on the market, and the storage of hazardous chemicals. This DCM has entered into force after 1 January 2020.

DCM No. 442/2019, also foreseen that import of mercury and the import of mercury mixtures listed in Annex I to that Decision for a particular use in accordance with the legislation on chemicals management is allowed only when the ministry responsible for the environment/Chemicals Office, in frame of the obligations of Mercury Convention, has given written consent for that import. Consent in writing is given when:

(a) the exporting State is a Party to the Convention and the mercury to be exported shall not be considered as the primary extract of the mineral wool, prohibited under the Convention, or
(b) the exporting State not party to the Convention provides the document that the mercury is not considered to be the primary extract of the mercury mineral.

Nature of licensing

Automatic

If Automatic, administrative purpose

Non-Automatic

If Non-Automatic, description of the notified Non-Automatic Licensing regime

Products under restriction as to the quantity or value of imports

The license foreseen in the Law of chemicals No. 27/2016, does not aim to restrict quantity or values imported, but to regulate the interior procedures for hazardous chemicals with purpose protection of human health and the environment.

Questions for products under restriction as to the quantity or value of imports

Non applicable.

The system applies to products originating from which country?

The system applies to hazardous chemicals, coming from all countries, and which intend to be produced, placed on the market (including import), deposit and storage hazardous chemicals in Republic of Albania.

Expected duration of licensing procedure

Legal requirements

Is the licensing statutorily required?

The licensing system for the production, placing on the market, deposit and storage of hazardous chemicals, including mercury, is based on:

- Law No. 27/2016 "On chemicals management";
- DCM No. 442, dated 26 June 2019 "On approval of the Rules for the Prohibition of Export of Metal Mercury, Mercury Compounds and Mercury Mixtures, Safe storage of metallic mercury and Specific Criterias for Safe storage of metallic mercury Considered waste";
- Documentation and procedures for issuing licenses for the production, placing on the market, storage and storage of hazardous chemicals shall be approved by the Council of Ministers, on the proposal of the Minister responsible for industry.

Does the legislation leave designation of products to be subject to licensing to administrative discretion?

Is it possible for the government to abolish the system without legislative approval?

Eligibility of applicants

Is there a system of registration of persons or firms permitted to engage in importation?

What persons or firms are eligible to apply for a licence?

Based on the Law No. 27/2016 "On chemicals management", the license for the production, placing on the market, deposit and storage of hazardous chemicals, shall be issued to legal entities if they meet the essential requirements for the storage of hazardous chemicals:

a) Have a system for maintenance and storage of special hazardous chemicals;
b) Prevent the access / entry of unauthorized persons who may use chemicals for inappropriate purposes;
c) Take preventive measures to avoid the risk of dangerous chemicals.

With this license can also be provided natural persons who use hazardous chemicals for such activities as: artistic activities, scientific research activities and other specific activities.
The detailed documentation and procedures for issuing this license for the production, placing on the market, storage and storage of hazardous chemicals, with be specified in the Decision of Council of Ministers, on the proposal of the Minister responsible for industry.

Is there a registration fee?

Is there a published list of authorized importers?

Contact point for information on eligibility

Ministry/Authority

Address

Telephone

Fax

E-mail address

Website

Contact officer

Submission of an application

Administrative body(ies) for submission of an application

Documentation requirements

What information is required in applications?

The detailed documentation and procedures for issuing this license for the production, placing on the market, storage and storage of hazardous chemicals, will be specified in the Decision of Council of Ministers, on the proposal of the Minister responsible for industry.

DCM No. 442/2019, in point 2, of Section II.2, also foreseen that import of mercury and the import of mercury mixtures listed in Annex I to that Decision for a particular use in accordance with the legislation on chemicals management is allowed only when the ministry responsible for the environment/Chemicals Office, in frame of the obligations of Mercury Convention, has given written consent for that import. Consent in writing is given when:

The formats for the implementation of point 2, will be approved by the Minister of Environment in charge.

What documents is the importer required to supply with the application?

Window of submission of an application

How far in advance of importation must application for a licence be made?

The documentation and procedures requested for the licence for the production, placing on the market, storage and storage of hazardous chemicals, are not approved yet by the Council of Ministers, on the proposal of the Minister responsible for industry.

Are there any limitations as to the period of the year during which application for licence can be made? If so, explain

Issuing the license

Can a licence be granted immediately on request?

Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence

Which administrative body is responsible for approving application of licences?

Based on Law No. 27/2016 "On chemicals management", documentation and procedures for issuing licenses for the production, placing on the market, storage and storage of hazardous chemicals shall be approved by the Council of Ministers, on the proposal of the Minister responsible for industry. In this regard, the above questions will be properly addressed after preparation, approval of that DCM.

Must the applications be passed on to other organs for visa, note or approval?

Are there any other conditions attached to the issue of a licence?

Fees and other administrative charges

Is there any licensing fee or administrative charge?

The detailed documentation and procedures, including if there would be any fee for issuing this license for the production, placing on the market, storage and storage of hazardous chemicals, including import of mercury, will be specified in the Decision of Council of Ministers, on the proposal of the Minister responsible for industry.

What is the amount of the fee or charge?

Is there any deposit or advance payment required associated with the issue of licences?

Amount or rate?

Is it refundable?

What is the period of retention?

What is the purpose of this requirement?

Refusal of an application

Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

Please refer to point 7d, above.

Are the reasons for any refusal given to applicants?

Have applicants a right of appeal in the event of refusal to issue a licence?

If so, to what bodies and under what procedures?

Importation

Are there any limitations as to the period of year during which importation may be made?

What documents are required upon actual importation?

DCM No. 442, dated 26 June 2019 "On approval of the Rules for the Prohibition of Export of Metal Mercury, Mercury Compounds and Mercury Mixtures, Safe storage of metallic mercury and Specific Criterias for Safe storage of metallic mercury Considered waste", entered into force on 1 January 2020. In this context for import of the actual mercury, the entity must have the license for the production, placing on the market, storage and storage of hazardous chemicals, based on the Law No. 27/2016, also the MSDS in Albanian and English languages. Import of mercury as a pesticide, is not permitted in the country.

Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

Yes, DCM No. 442/2019, in point 2, of Section II.2, also foreseen that import of mercury and the import of mercury mixtures listed in Annex I to that Decision for a particular use in accordance with the legislation on chemicals management is allowed only when the ministry responsible for the environment/Chemicals Office, in frame of the obligations of Mercury Convention, has given written consent for that import. Consent in writing is given when:

(a) the exporting State is a Party to the Convention and the mercury to be exported shall not be considered as the primary extract of the mineral wool, prohibited under the Convention, or (b) the exporting State not party to the Convention provides the document that the mercury is not considered to be the primary extract of the mercury mineral.