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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. 1 ___ of the Constitution of the Republic of Albania and on the proposal of the Council of Ministers responsible for Transport
The People’s Assembly of the Republic of Albania
Decided:
Chapter 1
GENERAL PROVISIONS General Provisions
Article 1
Objective of the Law
The objective of this Law is to:
a)implement a port development strategy for the commercial sea ports of Albania that provides the Republic of Albania with for the port infrastructure, superstructure, equipment, and financial and human resources, in order that they need and ttohat offer effective support for the achievement of local, regional and national economic objectives, and towill promote and safeguard Albania's competitiveness and trade objectives;
b)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 within providing port services with a view to relieve public expenditure and to contribute to the financing of port modernizationfacilities;
c)shift the ports from “service ports” to “landlord ports”thus reducing the role and scope of functions of the Government related to port activities; to increase the commercial independence of the port.
d)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 harmonisationharmonization of standards among nations;
e)ensure that a high level of standards in the provision of port services are organised to satisfy the needs of users and are available at a reasonable costs to them users;
f)provide for a high level of safety in operations and environmental protection;
g)provide for autonomy for the management of the port authorities and the various operators rendering port services;
h)provide for the leasinge,, concessioning and licensinge of some of the port facilities designated for operations; and
i)co-ordinate with other maritimene activities and surface land transportation systems.
Article 2
The object of the law
The object of this law is tothe definetermination of the form of the oorganization, the rules, the functioning and theand administration, the relationships with the operators and with the state institutions, as well asorgans and the representation of the port authorityies.
Article 2 3
Application
This Law is applicableapplies 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. Durres in the Republic of Albania and to the other commercial ports in Albania following the implementation of administrative, organisational and statuary structures in these other ports that are similar to that in the port of Durres.
Article 3 4
Definitions
The definitions in this Law, have the following meaningArticle apply in this Law:
1. “government realimmovable 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; all real property belonging to the Government of Albania;
2. “government immovable” includes all immovables belonging to the Government of Albania;
“port duesfees” includesport tariffs,harbour dues, berthingage and other fees and charges to persons and ship owners, cargo and other transport means;wharfage, as well as rates and other charges applicable to persons and vessel, cargo and vehicle owners;
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; “fees collected by the port authority” means all fees collected by the port authorities or an authorised operator.
“fees against the vessel” means any fees charged by the port authority or an authorised operator to the owner of the vessel, or his agent.[1]
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:
- in case of vessels: the agent, the leaser, or captain of the ship
- 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;
“fees against goods” means any fees charged by the port authority or an authorised operator to the owners of goods, or their agents.[2]
“goods'' includes all personal property other than ships.
“Minister” means the Minister responsible for the Albanian Ports.
“owner” includes:
(a)in the case of a ship, the agent, charterer or master of the ship; and
(b)in the case of goods, the agent, sender or consignee of the goods, as well as the carrier of the goods to, on, over or from any property under the administration or jurisdiction of a port authority.
“person” means a natural person, partnership, an association and a body corporate.
“port authority” means a port authority described and incorporated under Article 4 of this Law;
“harbour master” means the harbour master of a commercial sea port designated by the competent organ.
“port facility” means immovables such as wharf, pier, breakwater, terminal, warehouse or other building or works located in, on or adjacent to navigable waters used in connection with navigation or shipping and includes all land incidental to their use.
“port advisory council” means a forum for consultation among stakeholders that have a recognised interest on safety, anti-pollution, operations, services and other matters related to the development and improvement of that port advising a port authority’s board of directors.[3]
“landlord port” means a port where the port authority is not involved in the actual operations of facilities or the provision of services and equipment. [4]
“ship'' means every description of vessel, boat or craft designed, used or capable of being used solely or partly for marine navigation, whether self-propelled or not.
“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”[5], 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.
“lease” means an agreement by which a port authority as lessor is conveying the right to use an asset (land or equipment, or both) to the lessee for an agreed period of time in return for a payment or series of payments.
“concession” means a contract by which a port authority as grantor grants the grantee the right to finance, build and operate a facility or some equipment, for public use, for a stated period of time, after which the facility or equipment will be transferred to the grantor.
“court” means a court in the Republic of Albania.
“court of appeal'' means the court of appeal in the Republic of Albania.
Article 5
Functioning of the Port Authority, Landlord Port and Principle of Autonomy
Albanian Port Authorities, that are functioning conform this law:
The Albanian port authorities operating under this Law shall:
be and remain financially self-sufficient;
a)are of be ofa strategic importancesignificance to Albania’s trade;
b)are be linked to a major rail line or a major highway infrastructure;
c)serve to thea regional economy;
d)have diversified maritime traffic; and
e)have appropriate financial resources
f)fully implement their “landlord” status within a period as per Article 9, point 3 b) of this Law, in order toand exercise, through private sector resources, commercial activities, toand manage and control the port, as definedlaid down i in their statutes, and issued by-laws and regulations, autonomously from the state organs;.
Article 6
The port authority and the state institutionsorgans
All Government institutionsorgans in Albania are committed, through this Law, when performing their services or duties in an Albanian port:
a)to maintain public trust and confidence through integrity and professionalism of their services and duties
b)and to clarify, through a set of regulations which must include a code of ethics stating ethical principles, values and behavioursbehaviors to be applied by all their staff, and the conduct expected from all their staff in the performance of their duties; and
c)to ascertain the successful development of an ethical and moral environment and to ensure that all their staff is accountable for itshaving responsibility for their own ethical, moral and professional behaviourbehavior, taking into consideration the provisions of this Law and the other Albanian laws.
It is an obligation of a staff member of any Albanian Government organ and their enforcement divisions or agents (e.g. customs, health, immigration, police etc.) when performing duties in an Albanian port that is managed and controlled by a port authority under this Law, to weigh the importance of allegiances in each particular set of circumstances and to notify an appropriate senior staff at the port authority, where a conflict does or may arise.
The Council of Ministers will, within 6 months from the date of this Law, issue decisions for all Government organs that have a duty or service to perform in a port that is managed and controlled by a port authority under this Law, contents of which will expressively state the Government organs’ responsibility to the port authority and for these organs’ ethical, moral and professional behaviour.
The Albanian Government or other state organs shall continue to assist the commercial activities of the Albanian port authorities operating under this Law.
The Government or other state organs shall not interfere in the lawful performance of commercial activities of the Albanian port authorities with the objective to maintain their autonomy.
Where there is a difference in opinion between a Government organ and the port authority with regard to the performance of a service or duty by that Government organ, or the conduct and behaviour of its staff, in a port that is managed and controlled by a port authority under this Law, the matter shall be settled in accordance with decisions as issued by the Council of Ministers under 3.
Article 7
Liability
- The A Pport Aauthority must fulfill or satisfy any obligation andor liability in respect of its statusthe port authority. The Government is not responsible for fulfilment or satisfaction of the obligation or liability.
- TheA Pport Aauthority shall fully maintain in good standing at all times the insurance coverage required by any regulations made under Article 535 point cd).
Article 8
Financial ManagementAdministration
The financial managementadministration of the port authority shall be carried outeffected 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 3
Application
1.This Law applies to the port of Durres in the Republic of Albania and to the other commercial ports in Albania following the implementation of administrative, organisational and statuary structures in these other ports that are similar to that in the port of Durres.
Article 4 9
Port Authority
- Tthe A Pport Aauthority 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. , according to our legislation, and the legal acts issued by the CounsilCouncil of MinstersMinisters and the Minister, shall havehave these rights and obligations:ollow the Ministry’s directives as defined in this Law.
- The Port Authority has attached to its name the name of the town where the port is located.
- 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.
The status of a port authority operating under this Law shall be as follows:
port authorities shall have the status of and shall act as corporate entity (with or without shares) as laid down in the port authorities’ statutes and be registered at the location of the port;
the ownership of port authorities shall exclusively be held by the Government of Albania;
Port authorities shall fully implement a landlord port structure as defined in Article 3 4 and required in Article 5.1 gf) within a period of three (3) years as from the date of this law, or after their incorporation under this Law, and exercise, through private sector resources, commercial activities and manage and control the port as laid down in this Law and in compliance with their statutes, by-laws and regulations, autonomously from the state organs.
The rights and obligations of a port authority operating under this Law are as follows:
the name of a port authority remains the same in every contract, agreement, lease, licence, concession, permit or other document entered into;
the real property and immovables that a port authority administers, on behalf of a Ministry holding the ownership, remain the property of this Ministry;
the management of the government real property and government immovables and any rights related to them, is conferred on the port authority;
the personal property, and any rights related to the property, that a port authority administers before the coming into force of this Law, whether or not in its own name, become the property and rights of a port authority;
an existing cause of action, proceeding or claim by or against a port authority or liability or other obligation of a port authority is unaffected.
Article 10
The organs (or entity) of the Port Authority
1. The organs (or entity) of the Port Authority are:
a. Supervisory BoardThe board of directors
- The Executive Directory
2. The organs of the port authority, during their functions are assisted and consulted by the Advisory Councsil.
Article 5
Port Authority, Landlord Port and Principle of Autonomy
1.The Albanian port authorities operating under this Law shall:
a)deemed to have been incorporated under Article 4 of this Law;
b)be and remain financially self-sufficient;
c)be of strategic significance to Albania’s trade;
d)be linked to a major rail line or a major highway infrastructure;
e)serve a regional economy;
f)have diversified traffic; and
g)fully implement their landlord status within a period as per Article 4.2 c) of this Law and exercise, through private sector resources, commercial activities and manage and control the port as laid down in their statutes, by-laws and regulations, autonomously from the state organs.
Article 65
Relations Between the Port Authorities and the Albanian Government Organs
1.All Government organs in Albania are committed, through this Law, when performing their services or duties in an Albanian port
a)to maintain public trust and confidence through integrity and professionalism of their services and duties and to clarify, through a set of regulations which must include a code of ethics stating ethical principles, values and behaviours to be applied by all their staff, and the conduct expected from all their staff in the performance of their duties; and