COMMISSION STAFF WORKING DOCUMENT Albania 2023 Report Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2023 Communication on EU Enlargement policy

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    EN EN
    EUROPEAN
    COMMISSION
    Brussels, 8.11.2023
    SWD(2023) 690 final
    COMMISSION STAFF WORKING DOCUMENT
    Albania 2023 Report
    Accompanying the document
    Communication from the Commission to the European Parliament, the Council, the
    European Economic and Social Committee and the Committee of the Regions
    2023 Communication on EU Enlargement policy
    {COM(2023) 690 final} - {SWD(2023) 691 final} - {SWD(2023) 692 final} -
    {SWD(2023) 693 final} - {SWD(2023) 694 final} - {SWD(2023) 695 final} -
    {SWD(2023) 696 final} - {SWD(2023) 697 final} - {SWD(2023) 698 final} -
    {SWD(2023) 699 final}
    Offentligt
    KOM (2023) 0690 - SWD-dokument
    Europaudvalget 2023
    1
    TABLE OF CONTENTS
    1. INTRODUCTION........................................................................................................................................3
    1.1. CONTEXT.........................................................................................................................................................3
    1.2. SUMMARY OF THE REPORT..................................................................................................................................3
    1.3. STATE OF PLAY OF THE ACCESSION NEGOTIATIONS ...................................................................................................7
    2. CLUSTER 1: THE FUNDAMENTALS OF THE ACCESSION PROCESS....................................................................7
    2.1. FUNCTIONING OF DEMOCRATIC INSTITUTIONS AND PUBLIC ADMINISTRATION REFORM...........................................................7
    2.1.1 Democracy ...................................................................................................................................................7
    2.1.2. Public administration reform ....................................................................................................................13
    2.2. RULE OF LAW AND FUNDAMENTAL RIGHTS..................................................................................................................18
    2.2.1. Chapter 23: Judiciary and fundamental rights ..................................................................................18
    2.2.2. Chapter 24: Justice, freedom and security.........................................................................................40
    2.3. ECONOMIC CRITERIA ..............................................................................................................................................56
    2.3.1. The existence of a functioning market economy ......................................................................................56
    2.3.2. The capacity to cope with competitive pressure and market forces within the Union .............................64
    2.4 PUBLIC PROCUREMENT, STATISTICS AND FINANCIAL CONTROL.........................................................................................67
    Chapter 5: Public procurement ...........................................................................................................................67
    Chapter 18: Statistics ..........................................................................................................................................70
    Chapter 32: Financial control..............................................................................................................................72
    3. GOOD NEIGHBOURLY RELATIONS AND REGIONAL COOPERATION..............................................................75
    4. ABILITY TO ASSUME THE OBLIGATIONS OF MEMBERSHIP...........................................................................77
    CLUSTER 2: INTERNAL MARKET.......................................................................................................................................77
    Chapter 1: Free movement of goods...................................................................................................................78
    Chapter 2: Freedom of movement of workers ....................................................................................................80
    Chapter 3: Right of establishment and freedom to provide services ..................................................................81
    Chapter 4: Free movement of capital..................................................................................................................82
    Chapter 6: Company law.....................................................................................................................................84
    Chapter 7: Intellectual property law ...................................................................................................................85
    Chapter 8: Competition policy.............................................................................................................................86
    Chapter 9: Financial services...............................................................................................................................87
    Chapter 28: Consumer and health protection.....................................................................................................90
    CLUSTER 3: COMPETITIVENESS AND INCLUSIVE GROWTH......................................................................................................93
    Chapter 10: Digital transformation and media...................................................................................................93
    Chapter 16: Taxation...........................................................................................................................................95
    Chapter 17: Economic and monetary policy .......................................................................................................97
    Chapter 19: Social policy and employment.........................................................................................................99
    Chapter 20: Enterprise and industrial policy.....................................................................................................102
    Chapter 25: Science and research .....................................................................................................................105
    Chapter 26: Education and culture ...................................................................................................................106
    Chapter 29: Customs union...............................................................................................................................108
    CLUSTER 4: THE GREEN AGENDA AND SUSTAINABLE CONNECTIVITY ......................................................................................110
    Chapter 14: Transport.......................................................................................................................................110
    Chapter 15: Energy............................................................................................................................................112
    Chapter 21: Trans-European networks .............................................................................................................116
    Chapter 27: Environment and climate change..................................................................................................118
    CLUSTER 5: RESOURCES, AGRICULTURE AND COHESION......................................................................................................123
    Chapter 11: Agriculture and rural development ...............................................................................................123
    Chapter 12: Food safety, veterinary and phytosanitary policy .........................................................................124
    2
    Chapter 13: Fisheries and aquaculture .............................................................................................................126
    Chapter 22: Regional policy and coordination of structural instruments .........................................................127
    Chapter 33: Financial and budgetary provisions...............................................................................................129
    CLUSTER 6: EXTERNAL RELATIONS..................................................................................................................................131
    Chapter 30: External relations ..........................................................................................................................131
    Chapter 31: Foreign, security and defence policy .............................................................................................132
    ANNEX I – RELATIONS BETWEEN THE EU AND ALBANIA .....................................................................................................135
    3
    1. INTRODUCTION
    1.1. CONTEXT
    The first Inter-Governmental Conference on accession negotiations with Albania took place
    on 19 July 2022. The first step in the accession negotiations process, the analytical
    examination of the EU acquis or the ‘screening’, was launched on the same date and has
    progressed smoothly. Albania has continued to implement the Stabilisation and Association
    Agreement and the meetings of the joint bodies under the agreement have taken place at
    regular intervals.
    The EU accession negotiation process with Albania is conducted in line with the revised
    enlargement methodology, and the requirements set out in the Negotiating Framework, which
    put an even stronger focus on the fundamentals of the accession process.
    The Albanian authorities’ political commitment to the strategic goal of EU integration and
    their ambition to move forward in the accession negotiations based on continuing progress on
    reforms have been consistently stated as the country’s key priority. This commitment has
    been maintained despite the challenge of addressing the economic and social consequences of
    the triple shock of the 2019 earthquake, the COVID-19 pandemic and Russia’s war of
    aggression against Ukraine. The ongoing accession negotiation process now needs to
    translate into an acceleration of EU-related reforms.
    Albania has maintained its record of full alignment with the EU’s common foreign and
    security policy during the reporting period. As a non-permanent member since January 2022,
    Albania has been actively engaged in the UN Security Council as a co-penholder of
    resolutions condemning Russia’s war of aggression against Ukraine, aligning with the EU
    position when co-sponsoring and voting on UN resolutions on Russia’s invasion of Ukraine
    and its humanitarian impact, and also when voting on the suspension of Russia from the
    Human Rights Council. Albania’s stance is a strong signal of its strategic choice of EU
    accession and of its role as a reliable partner.
    1.2. SUMMARY OF THE REPORT1
    As regards political criteria, regular local elections on 14 May 2023 were conducted in a
    generally calm manner. Observers assessed them as well-administered, competitive and with
    the participation of key political actors. Concerns relate to the misuse of state resources,
    claims of pressure on public sector workers and voters, and allegations of vote buying. A low
    turnout of only 38.2% was registered. The political scene continued to be marked by political
    polarisation, against the background of persistent deep divisions within the largest opposition
    party. Parliamentary oversight of the executive remained limited. In March 2023,
    amendments were adopted with a large majority that strengthen the consultative role of
    Parliament in the accession negotiations process. Delays and politicisation of the
    appointments of the Ombudsperson and of the new Anti-Discrimination Commissioner
    weaken these independent institutions. Under the coordination of the chief negotiator and the
    newly reformed EU negotiation structures, Albanian institutions have mobilised significant
    1
    This report covers the period from June 2022 to June 2023. It is based on input from a variety of sources,
    including contributions from the government of Albania, the EU Member States, European Parliament reports
    and information from various international and non-governmental organisations. It also includes the results of
    comparative assessments and indices produced by other stakeholders, in particular in the area of rule of law.
    The report uses the following assessment scale to describe the state of play: early stage, some level of
    preparation, moderately prepared, good level of preparation and well advanced. To describe progress made
    during the reporting period, it uses the following scale: backsliding, no progress, limited progress, some
    progress, good progress and very good progress. Where appropriate, interim steps have also been used.
    4
    resources to engage actively in the screening process and to prepare for the next steps of the
    accession negotiations. While putting EU-related reforms at the centre of its legislative and
    policy planning, the government needs to refrain from measures that are not in line with EU
    standards. The government also needs to engage in stronger public communication on the EU
    accession process. While civil society is generally free, shortcomings negatively impact the
    ability of civil society organisations to contribute to policy processes. The role of civil
    society, including in the EU accession negotiation process, needs to be strengthened.
    Albania remains moderately prepared in the area of public administration. The new
    strategies on public administration reform and public financial management reform have yet
    to be prepared and adopted. The reorganisation of roles and responsibilities within the Office
    of the Prime Minister is still ongoing. Provisions on merit-based recruitment in the Civil
    Service Law are not consistently applied, especially at senior management level. Significant
    efforts were made on the digitisation of public services, but it remains crucial to ensure
    equitable access to services for citizens with limited digital skills or limited access to IT
    equipment. Increased attention is also required on digital security and protection of personal
    data, especially following the cyberattacks in 2022 and a number of data leaks.
    Albania has a moderate level of preparation on the functioning of the judiciary. The
    implementation of the justice reform continued, resulting in good progress overall. The
    appointments to the Constitutional Court have been completed with all nine judges now in
    office, of whom eight with full nine-year mandate. The Specialised Structure against
    Corruption and Organised Crime (SPAK) achieved further results, and a new Chief Special
    Prosecutor was elected in December 2022 after a sound process. The efficiency of the judicial
    system and access to justice continued to be affected by the long timescale of proceedings,
    increased workload and high backlog of cases, which remains particularly high in appeal and
    first instance courts. Progress was made in addressing judicial vacancies through the
    swearing-in of 40 new magistrates in October 2023. The temporary evaluation of all judges
    and prosecutors (the vetting process) has continued to advance at a satisfactory pace. By 6
    October, 57% of the vetting dossiers processed had resulted in dismissals, resignations or
    termination of mandate. In June 2023, the Special Court of First Instance against Corruption
    and Organised Crime sentenced the former Head of the Constitutional Court to 6 months in
    prison for false declaration and concealment during the vetting process. Albania must ensure
    that criminal procedures are systematically initiated against judges and prosecutors whose
    vetting process revealed criminal elements. The case management system and the judicial
    training system need improvement to further increase efficiency and professionalism across
    the sector. Positive actions have been taken towards increasing the relevance of the
    continuous training programme in the reporting period. Some progress was made on the case
    management system, particularly with the establishment of the interoperability working
    group and the adoption of the interoperability framework setting the basis for the roll-out of
    the system.
    Albania has some level of preparation in the fight against corruption. Despite some
    progress and continued efforts in fighting corruption, it remains an area of serious concern.
    SPAK bodies have conducted investigations in a number of high-level cases, ordering several
    arrests and convictions in a number of high level cases. Overall, corruption is prevalent in
    many areas of public and business life and preventive measures continue to have a limited
    impact, particularly in vulnerable sectors. Increasing the number of final convictions at a
    high-level remains an important priority to further tackle the culture of impunity. Further
    efforts are needed to ensure due judicial follow-up in vetting cases where there are
    indications of criminal offences. The institutional capacity of the Anti-Corruption
    5
    Directorate-General in the Ministry of Justice needs to be further strengthened and the
    composition of the Ethics Commission needs to be revised. The sectors most vulnerable to
    corruption require targeted risk assessments and dedicated actions.
    Albania has some level of preparation in the fight against organised crime, with a continued
    good level of cooperation with EU Members States and EU agencies. More efforts need to be
    made in the fight against illicit drugs, including through an increase in the capacities of the
    law enforcement authorities. Following the adoption of a law on cannabis production for
    medical and industrial purposes, Albania needs to ensure that mechanisms are in place to
    effectively prevent cannabis from being diverted to unintended use. Progress that has
    achieved with the seizure and confiscation of assets linked to organised crime must continue.
    Efforts also need to continue to ensure an increase in the number of prosecutions and final
    convictions, especially in high-level cases, and to establish the asset recovery office.
    Countering cybercrime, money laundering and preventing and combatting trafficking in
    human beings remain areas in which additional results are needed. All forms of child sexual
    abuse online should be criminalised and prosecuted. Progress was made on the
    implementation of the Moneyval recommendations, and of the Financial Action Task Force
    (FATF) Action Plan. Albania remained on the FATF list of jurisdictions under increased
    monitoring due to its draft Voluntary Tax Compliance (VTC) law (including a criminal
    amnesty). Following the draft law's withdrawal, in June 2023 FATF decided to propose an
    on-site visit, which took place in August and led to Albania's delisting in October 2023.
    Nevertheless, Albania should ensure that any future VTC law (including potential criminal
    amnesties) complies with the EU acquis and international standards. The track record on
    money-laundering and high-level corruption cases remains insufficient, and financial
    investigations need to be further developed.
    On fundamental rights, efforts at implementation of the legal and policy framework need to
    be intensified. Progress was made on the use of alternatives to detention. There was some
    progress on the rights of persons with disabilities, as concerns biopsychosocial assessment.
    The process of first registration of property and other transitional processes need to advance
    in full transparency, including by tackling corruption. On the protection of national
    minorities, the adoption of the remaining implementing legislation did not advance.
    Furthermore, Albania needs to put in place strong legal and institutional safeguards to prevent
    further breaches of personal data.
    Albania is in between some and moderate level of preparation in the area of freedom of
    expression. Limited progress was made. The intersection of business and political interests,
    the lack of transparency of sources of finance, the concentration of media ownership,
    intimidation and precarious working conditions continued to hamper media independence,
    pluralism and the quality of journalism. The atmosphere of verbal and physical attacks, smear
    campaigns and intimidation lawsuits against journalists has not improved.
    The application of gender-responsive budgeting continued to improve. Since January 2022,
    the Albanian government has implemented a range of measures aimed at supporting families,
    women and girls, and vulnerable groups, as a response to the crisis caused by the COVID-19
    pandemic and Russia’s war of aggression against Ukraine. The economic assistance to
    victims of domestic violence has been increased significantly. The implementation of the law
    on gender equality and of the national strategy for gender needs to be further intensified.
    The legal framework on migration is largely aligned with the EU acquis but needs updating
    in line with developments on the EU side. Albania has contributed to the management of the
    mixed migration flows towards the EU by cooperating to implement the EU Action Plan on
    the Western Balkans. It concluded a revised Frontex Status Agreement in September. In
    6
    2022, there was a 34% reduction in the number of irregular migrants entering Albania
    compared with 2021. No progress was made in referrals and access to asylum procedures and
    shortcomings in the return procedures remain. Albania should take concrete steps to address
    the needs of unaccompanied minors and align its visa policy with that of the EU. Although
    the number of asylum applications lodged by Albanian nationals in EU Member States and
    Schengen-associated countries remains lower than the pre-pandemic level, it increased again
    in 2022. Continuous and sustained efforts are still needed to address this phenomenon.
    On the economic criteria, Albania has between a moderately and good level of preparation on
    developing a functioning market economy and made some progress in addressing last
    year’s recommendations. The economy showed resilience and GDP growth remained strong
    in 2022, despite the economic fallout from Russia’s war of aggression against Ukraine.
    Albania is at level of preparation to cope with competitive pressure and market forces
    within the EU and made some progress on structural reforms in the energy market, transport
    infrastructure, the digitalisation of the economy and education outcomes, though significant
    gaps with regional and European levels remain.
    On public procurement, Albania is moderately prepared and has made some progress, in
    particular through an increased use of the most economically advantageous tender award
    criteria. On statistics, Albania is moderately prepared, and made some progress in further
    aligning with standards of the European System of National and Regional Accounts (ESA
    2010) and in steps to strengthen the role of the Institute of Statistics. Albania is moderately
    prepared in the area of financial control where some progress was made, in particular with
    the updates to the legal framework on internal control and internal audit and the
    implementation of the policy document on the strengthening of public internal financial
    control, and continued to target internal audits on arrears.
    Albania is moderately prepared in most areas of the internal market, namely free movement
    of goods, services and capital, financial services, and competition policy. The same applies to
    company law and intellectual property law. Some progress was made on intellectual property
    rights and on free movement of family members of EU citizens as well as on financial
    services. However, no progress was made on competition policy, where the State aid
    Commission still lacks operational independence. Preparations are at an early stage on
    consumer and health protection, where the country made limited progress. Some progress
    was also made on free movement of capital, which led to the country’s removal from the
    FATF list of jurisdictions under increased monitoring.
    Albania has achieved a moderate level of preparation in many areas linked to
    competitiveness and inclusive growth, namely taxation, enterprise and industrial policy,
    social policy and employment, education and culture and the customs union. The same holds
    true for the digital transformation and media, where the country made good progress,
    including by joining the Digital Europe programme in June 2023. Albania has some level of
    preparation in the fields of science and research. The country reached a moderate to good
    level of preparation in economic and monetary policy, as the governance and monetary policy
    of the Bank of Albania were appropriate and effective in dealing with the crisis caused by
    Russia’s war of aggression against Ukraine; more efforts are required regarding its
    independence. With limited progress made on the customs union, more efforts are also
    required in pursuing the fight against smuggling, corruption and imports of counterfeit
    products.
    As regards the green agenda and sustainable connectivity. Albania has some level of
    preparation in the areas of transport, trans-European networks, environment and climate
    change, and it has a moderate to good level on energy. Progress is noted on the reform of the
    7
    day-ahead and intra-day electricity markets, on renewable energy auctions and in developing
    transport and regional energy networks. Further efforts are needed on renewable energy and
    on energy efficiency. Albania ratified its participation in the Union Civil Protection
    Mechanism and is active in it. On the environment and climate, further efforts are needed on
    water and waste management, environmental law enforcement and nature protection. This
    cluster and the reforms concerned have significant links to Albania’s economic reform
    programme, the Commission’s economic and investment plan and the green agenda for the
    Western Balkans. Albania needs to address strategic investment planning, and the
    implementation and monitoring capacity of infrastructure projects.
    Albania has some level of preparation in most areas linked to resources, agriculture and
    regional policy and cohesion, namely agriculture and rural development, veterinary and
    phytosanitary policy, and financial and budgetary provisions. There is a moderate level of
    preparation in fisheries and aquaculture as well as on regional policy. Some progress was
    observed in most areas covered, notably with adoption of the Law on wine and regarding
    administrative capacities for the instrument for pre-accession assistance for rural
    development programme (IPARD III). Further efforts are needed in regional policy
    particularly on administrative capacity and coordination between central, local and municipal
    levels and on financial and budgetary provisions.
    Albania has a good level of preparation as regards external relations, foreign security and
    defence. On external relations, Albania made some progress, further aligning its legislation
    with the EU acquis on preventing trade in certain goods that could be used for capital
    punishment and torture. As regards the EU common foreign and security policy, Albania
    maintained full alignment with all relevant EU decisions and declarations during the
    reporting period. As a non-permanent member of the UN Security Council since January
    2022, Albania continues to be actively engaged in promoting and defending the rules-based
    international order as well as Women, Peace and Security.
    1.3. STATE OF PLAY OF THE ACCESSION NEGOTIATIONS
    Following the Inter-Governmental Conference on accession negotiations with Albania that
    took place on 19 July 2022, the Commission immediately launched the screening process,
    which is progressing smoothly. All sessions on Cluster 1 (Fundamentals), Cluster 2 (Internal
    Market), Cluster 3 (Competitiveness and Inclusive Growth) and Cluster 4 (Green Agenda and
    Sustainable Connectivity) have taken place. Explanatory sessions on Cluster 5 (Resources,
    Agriculture and Cohesion) and Cluster 6 (External Relations) have been completed and
    bilateral sessions on these are ongoing. The remaining screening meetings are scheduled until
    November 2023.
    2. CLUSTER 1: THE FUNDAMENTALS OF THE ACCESSION PROCESS
    2.1. FUNCTIONING OF DEMOCRATIC INSTITUTIONS AND PUBLIC ADMINISTRATION REFORM
    2.1.1 Democracy
    The reporting period was marked by the start of the EU accession negotiations process,
    including the beginning of the screening. The political scene continued to be marked by
    political polarisation, against the background of persistent deep divisions within the largest
    opposition party. This has continued to negatively affect the Parliament’s key functions of
    holding the executive accountable through effective scrutiny and of serving as a forum for
    constructive political debate, as well as its responsibility to elect in a timely manner the heads
    of key independent institutions such as the Ombudsperson.
    8
    The Parliament nonetheless succeeded in adopting, with a large cross-party majority,
    legislative amendments to strengthen its role in the EU integration process. This was a
    welcome development. On 14 May 2023, Albania held local elections with the participation
    of the country’s key political actors, in contrast to the largely boycotted 2019 elections.
    Elections
    Local elections were conducted in a generally calm manner, including on the day of the vote.
    According to the findings and conclusions of the election observation mission of the OSCE’s
    Office for Democratic Institutions and Human Rights (OSCE/ODIHR), the local elections
    were well-administered, competitive and held with the participation of the country’s key
    political forces. There are concerns about the misuse of public resources at both national and
    local levels, claims of pressure on voters and public sector workers, and allegations of vote
    buying. All of these need to be duly investigated. Despite the establishment of the ad hoc
    committee on electoral reform in February 2022, no progress was made neither on the
    adoption of any text nor in addressing the outstanding recommendations of the
    OSCE/ODIHR and the Venice Commission. This requires constructive and inclusive political
    dialogue from all sides.
    Albania held regular local elections on 14 May 2023 in all of its municipalities. Elections
    were assessed by observers as well-administered, competitive and with the participation of
    key political forces, as also noted by the OSCE/ODIHR. The election day was generally
    peaceful. Vote counting was assessed to be mostly positive, though inconsistencies were
    noted. The Central Election Commission created a digital platform for the disclosure of the
    political parties’ campaign financing.
    Some 40 electoral subjects registered, fielding a total of 144 mayoral candidates, of which
    only 15 were women, and 23 763 municipal councillor candidates. Legal provisions require
    that half of the candidates for municipal councils should be women, however this was fully
    respected in only 10% of municipalities. Electronic voting and counting was implemented in
    three municipalities, representing 401 out of 5 212 polling stations. As in the previous
    elections, voters were identified by biometric signature in all polling stations, with technical
    glitches reported in some 10% of these. These elections registered a low turnout of 38.2%.
    The participation of young people was particularly low: among 122 545 first-time voters,
    only 16 628 (13%) cast a vote. A large proportion of the electorate resides outside Albania
    and are unable to vote from their place of residence, given that the electoral code does not
    provide for voting from outside the country in local elections.
    During the election campaign contestants could campaign freely, but issues of importance for
    local communities barely featured in the campaigns. The election observation mission
    deployed by the OSCE/ODIHR pointed out concerns about the misuse of state resources,
    claims of pressure on public sector workers and voters, and allegations of vote buying.
    According to the findings of the election observation mission, a level playing field between
    candidates was not guaranteed due to a narrow and formalistic interpretation of the electoral
    code’s provisions.
    Although diverse, the media environment is characterised by systemic problems, including
    concentration of media ownership and the control exerted by intertwined business and
    political interests, which impacts on media freedom. This environment, combined with rules
    on media coverage of elections, favours the main parties. On misuse of state resources, the
    OSCE/ODIHR referred to the government’s decisions, adopted in the weeks before the
    elections, to provide a bonus to pensioners and to increase the salaries of various categories
    of public sector employees, and to the fact that on several occasions the leadership of the
    9
    central government said that future support to municipalities would depend on the election
    results.
    On 15 June, the Electoral College ruled that the election of the mayor in the municipality of
    Rrogozhine should take place again, following irregularities in one polling station set up in
    the town’s prison. By-elections were held in Kukes on 24 September, following the dismissal
    of the mayor.
    Parliament’s ad hoc committee on electoral reform, set up in February 2022, has not
    produced any results. The term of the committee was extended in September 2023. Despite
    the efforts of the Central Election Commission to advance the implementation of out-of-
    country voting, the required legislative changes are still pending. In December 2022, the
    Constitutional Court ordered Parliament to close the legal gap within one year. Electoral
    reform, addressing OSCE/ODIHR and Venice Commission recommendations, should not be
    further delayed.
    Parliament
    Parliamentary activity continued to be affected by political polarisation, against the
    background of persistent deep divisions within the largest opposition party. Parliament
    nonetheless succeeded in adopting with a large cross-party majority legislative amendments
    to strengthen its role in the EU integration process, which was a welcome development.
    Parliamentary debates and proceedings continued to be negatively affected by harsh political
    rhetoric, personal attacks and disruptive behaviour in the plenary hall. Disputes between the
    majority and the opposition, in particular over the Prime Minister’s refusal to attend most
    interpellations requested by the opposition, caused a temporary disruption in the normal
    functioning of Parliament. The Ethics Secretariat imposed several disciplinary measures,
    resulting in the unprecedented expulsion of 23 opposition MPs within a month. Higher ethical
    standards in Assembly proceedings are needed to foster a more constructive political dialogue
    between the opposition and the majority.
    During the reporting period, seven MPs were replaced, five from the Democratic Party and
    two from the ruling Socialists, due to them running as mayoral candidates in the local
    elections. Reorganisation of Parliament’s standing committees and other bodies was not
    carried out, because of the conflict within the opposition and attempts to control its caucus.
    Parliamentary activity was suspended during the electoral campaign for the 2023 local
    elections. This suspension was not warranted by the law.
    Parliament’s oversight of the executive remained limited. MPs filed three requests for
    interpellations and one motion with debate with the Prime Minister. The Prime Minister
    attended one in person. Other interpellations were held with members of the Council of
    Ministers. Parliamentary oversight of the work of independent institutions remains limited to
    considering their annual reports and to a digital tool to monitor the follow-up of the
    recommendations of these institutions.
    During the reporting period, the opposition asked for two committees of inquiry to be set up,
    but the majority rejected both requests, in spite of the fact that the opposition’s right to
    initiate such committees is guaranteed by the Constitution. The majority’s argument in both
    cases was that a revision of the law on committees of inquiry is under consideration. The
    current law, however, remains in force.
    In March 2023, amendments were adopted with a large majority to the 2015 Law on
    Parliament’s role in EU integration, strengthening the consultative role of Parliament in the
    10
    accession negotiations process. During the reporting period, the National Council of
    European Integration met on a regular basis to take stock of Albania’s EU integration
    process.
    Parliamentary proceedings continued to be live-streamed on social media. In an effort to
    increase transparency, the Parliament created a new website, which is still incomplete and
    only partly accessible. A working group on transparency standards was set up in 2021 and
    consultations have taken place with civil society and the media. However, these standards
    under the principle of open government still need to be consulted upon, agreed, and adopted.
    Parliamentary documentation, such as legal acts and minutes of plenary sessions and
    committee meetings, should be published in a more timely and user-friendly manner, clearly
    indicating the amendments made during each step of the legislative procedure. Public
    consultation with civil society and interest groups remained formal.
    The Assembly faced considerable difficulties in fulfilling its duty to elect the Ombudsperson.
    A year after the post became vacant, Parliament made another call for candidates in March
    2023 and interview candidate in July. Parliament is still to elect a new Anti-Discrimination
    Commissioner. Delays and the politicisation of these appointment processes weaken these
    independent institutions.
    Governance
    Following the first Inter-Governmental Conference that opened the EU accession
    negotiations with Albania in July 2022, the government has renewed its overall political
    commitment to the country’s EU path. Under the coordination of the chief negotiator and the
    newly reformed EU negotiation structures, Albanian institutions have mobilised significant
    resources to engage actively in the screening process, which is proceeding smoothly, and to
    prepare for the next steps in the accession negotiations.
    The opening of accession negotiations needs to translate into an acceleration of specific EU-
    related reforms. While putting EU-related reforms at the centre of its legislative and policy
    planning, the government needs to refrain from measures that are not in line with EU
    standards. The government also needs to engage in stronger public communication on the EU
    accession process. Following the first Inter-Governmental Conference on accession
    negotiations in July 2022, the government appointed a new Chief Negotiator, at Minister of
    State level, and with increased resources. The resulting administrative reorganisation took
    place during the reporting period. Under the new set up, the Chief Negotiator is responsible
    for the overall steer, strategic planning and coordination of EU-related matters, together with
    the State Agency for Strategic Programming and Assistance Coordination, whose Director-
    General coordinates the National Instrument for Pre-Accession Assistance, and the Ministry
    for Europe and Foreign Affairs.
    Significant progress was made in ensuring coordination on EU integration and EU assistance
    between State Agency for Strategic Programming and Assistance Coordination (SASPC,)
    line ministries, and the Central Finance and Contracts Unit and local government units. This
    now needs to be further consolidated. Improved cooperation, as well as recruitment and
    training of technical stakeholders in the responsible national bodies, would help ensure the
    successful implementation of the Instrument for Pre-Accession Assistance programmes,
    including the Western Balkans Investment Framework, Cross Border Cooperation and
    IPARD.
    Under the coordination of the Chief Negotiator, Albanian institutions have participated in the
    screening process organised by the Commission, which is proceeding smoothly.
    11
    Building on the experience of the screening process, Albania will need to continue to
    strengthen its EU negotiating structures and coordination between subordinated bodies and
    line ministries, while further developing expertise on the EU acquis across the public
    administration.
    In early 2023, the government adopted the new national plan for European integration for
    2023-2025, and the 2022-2030 national strategy for development and European integration,
    which defines the vision, priorities and sectoral strategic objectives for the upcoming period
    (see section 2.1.2. Public Administration Reform).
    In September 2023, a government reshuffle took place leading to the replacement of seven
    ministers.
    The territorial administrative reform remains to be further consolidated as part of the
    wider decentralisation agenda. The annual monitoring report for 2022 on the implementation
    of the decentralisation and local governance strategy was published in June 2023. A
    systematic and timely monitoring of this process, and of the mechanisms to carry it out, needs
    to be ensured.
    The new 2023-2030 cross-cutting strategy on decentralisation and local governance, which
    aims to consolidate the decentralisation process, was adopted in April 2023. The drafting
    process was based on a series of consultations that included 61 municipalities, central
    institutions, local government associations, civil society, the private sector, academia,
    researchers and development partners, which helped to capture and address the priority needs.
    Parliament’s ad hoc committee on the country’s territorial and administrative divisions,
    which met between February and October 2022, did not lead to legislative or policy
    decisions, due to a lack of political agreement between the ruling majority and the opposition.
    Despite some efforts to address legal and institutional gaps, conflicting and overlapping legal
    provisions and policies - which regulate the various sectors involving the exercise of
    functions by the local government units (LGUs) - and the division of responsibilities between
    local, regional and central government remain areas of concern. There is still a need to
    streamline the legal framework on the functions of LGUs and further consolidate the
    implementation of new functions.
    Local government units still lack sufficient financial resources and administrative capacity to
    perform all their devolved responsibilities in a fully satisfactory manner and to exercise their
    greater policymaking powers effectively. The LGUs’ fiscal autonomy remains at risk, as most
    of their budget depends on national transfers. The delivery of quality public services at local
    level remains limited.
    Progress has been made to reduce the she salary gap between the central and local
    government levels. However, in order this effort must continue for small LGUs, in order to
    attract and retain qualified staff, ensuring equalisation based on the principle of equal pay for
    equal positions.
    On gender equality, 18 municipalities signed the European Charter for Equality of Women
    and Men in Local Life , and 5 municipalities have developed and approved local gender
    action plans. Despite these positive developments, efforts are required to systematically
    reflect women’s needs, rights and entitlements in the legal and policy frameworks at local
    level. Women representation in local governments continues facing challenges that hinder
    their meaningful participation.
    On transparency, some improvement has been noted: for example, the Consultative Council
    12
    has adopted an integrity index methodology and 21 LGUs have developed and approved local
    integrity plans. Further efforts are needed to expand integrity plans to all LGUs and to ensure
    that the existing integrity plans are fully implemented and adequately monitored.
    The Consultative Council continues to operate as the main forum for institutional dialogue
    and coordination between central and local governments. Further efforts are needed to engage
    LGUs and the associations of local government in the early phases of legislative initiatives,
    and to intensify cooperation and coordination between local and central government.
    Appropriate levels of representation needs to be ensured.
    The network of EU integration local coordinators has strengthened the LGUs’ involvement in
    the EU accession process. The engagement of elected bodies of local governments and
    municipal administration in the EU integration process needs to be strengthened, especially in
    the context of the EU accession negotiations.
    Civil society
    The role of civil society, including in the EU accession negotiation process, should be further
    strengthened. The structures in place for consulting civil society need to be reinforced and
    become fully operational. There has been no progress in implementing the roadmap on an
    enabling environment for civil society. The amendments made to the 2014 VAT Law that
    allow for tax exemptions instead of tax refunds have not been implemented yet.
    An empowered civil society is a key component of any democratic system and Albania’s
    legal and regulatory framework on the right to freedom of assembly and association is in line
    with international standards. Preparations began in 2022 to set up the national electronic
    register of non-profit organisations, in line with the 2021 law. It is envisaged that the
    electronic register will be operational at the end of 2023 (see also Chapter 24 on FATF
    recommendations). In the meantime, civil society organisations (CSOs) continue to register at
    Tirana District Court as per the old law of 2001 and its lengthy registration process.
    There has been no progress in the implementation of the roadmap on an enabling
    environment for civil society, which remains very dependent on donor support. Additional
    efforts and resources are required to advance its implementation and to improve the
    roadmap’s reporting and monitoring mechanisms. The revision of the Law on voluntarism is
    still pending.
    The legal framework on public consultation is generally in line with European standards. The
    Parliament’s platform still needs to achieve full operability and consultations on draft
    legislation should be carried out regularly. In addition, the scope of the Law on public
    consultation still needs to be extended to cover implementing legislation (see also the Section
    on public administration reform).
    The role of civil society in the EU accession negotiation process needs to be strengthened to
    ensure the meaningful participation and consultation of CSOs in policy-making processes.
    The structures in place to consult civil society at governmental level need to be strengthened
    and become fully operational. The Partnership Platform on European Integration, set up in
    2019, is partly operational.
    The ability of the National Council for Civil Society to voice the priorities of CSOs in policy-
    making processes remains weak. An update of the Law on the National Council is still
    pending. The public funding of the Agency for the Support of Civil Society remains
    insufficient to sustain CSOs’ activities, in particular in social services.
    Limited progress continued in the field of VAT refund, with implementation of the
    13
    instructions on VAT reimbursement for CSO beneficiaries of EU funding and other donor
    grants. However, the process remains lengthy and cumbersome. In 2022, amendments were
    made to the 2014 VAT Law to allow tax exemptions for CSOs, however implementation has
    not started yet. Albania still does not have tax incentives in place for individual donations and
    only marginal tax incentives for corporate donations.
    Better coordination and meaningful representation of interest groups should be ensured at all
    levels as the landscape remains fragmented, dependent on donors and concentrated in the
    main cities, although grassroots initiatives are active on some community-based issues.
    2.1.2. Public administration reform
    Albania remains moderately prepared in the area of public administration reform. It made
    limited progress in delivering on last year’s recommendations.
    A new national strategy for development and European integration for 2023-2030 was
    adopted in February 2023. Preparations for the new strategies on public administration
    reform (PAR) and public financial management (PFM) have started but they still have to be
    adopted. The new 2022-2026 digital agenda was adopted in June 2022. The new 2023-2030
    decentralisation strategy was adopted in April 2023. Implementation of the ongoing 2015-
    2022 PAR and 2014-2022 PFM strategies continued. The centre of government entities under
    the Prime Minister’s Office have evolved, but the new structure still needs to settle in. A
    more consistent legislative framework with clear criteria for the creation of subordinated
    entities still needs to be created. Provisions on merit-based recruitment in the civil service
    law are not consistently implemented, especially for senior level positions. A salary reform
    was initiated in 2023 but the reform does not yet fully address the complexity of the salary
    structure or the limited role of performance. Progress on the implementation of the automated
    payroll system stalled. Significant efforts were made on digitisation of service delivery
    through the e-Albania platform. This was accompanied by a closure of front office contact
    centres in 2022, which raised concerns over access to services to vulnerable and digitally
    less-apt citizens. A restitution of some contact centres is under consideration, together with
    other ongoing efforts to improve the user experience of the portal online. Further efforts are
    needed to ensure equitable access to services for people with limited digital skills or limited
    access to IT equipment. Increased attention is required to digital security and protection of
    personal data. The Commission’s 2022 recommendations remain mostly valid. In the coming
    year, Albania should, in particular:
    → put in place a legislative framework that properly regulates the typology and criteria for
    establishing subordinated bodies and clarifies lines of accountability;
    → adopt and start implementing the new public administration and public financial
    management strategies, and review the effectiveness of the current monitoring structures;
    → consistently and effectively implement the provisions on merit-based recruitment,
    promotion and dismissal in the civil service law at all levels, especially at senior level;
    continue the reform of the salary system for civil servants and re-initiate the automation
    of the payroll system.
    Strategic framework for public administration reform
    Good governance is addressed in the newly adopted national strategy for development and
    European integration for 2023-2030. The government maintained regular monitoring of the
    implementation of the 2015-2022 PAR strategy and the 2014-2022 PFM strategy.
    Preparations of new PAR and PFM strategies for 2023-2030 have started. The new 2022-
    14
    2026 digital agenda was adopted in June 2022. The new 2023-2030 strategy on
    decentralisation and local governance was adopted in April 2023.
    The Minister of State for Services and Standards was appointed as the overall coordinator for
    good governance in June 2022, ensuring a clear political mandate for the coordination of
    reforms. This post was abolished in the September 2023 during the government reshuffle.
    There is not yet clarity on the new structure to be put in place. An Integrated Policy
    Management Group (IPMG) for PAR is in place, but not very active. A new government
    decree from July 2023 should streamline the IPMG structure. Some of the technical groups
    under it are more actively used for coordinationof PAR initiatives. The financial
    sustainability of reforms needs to be improved through better reviewing of overall financial
    resources as, currently, the implementation of reforms depends heavily on funding from
    external donors.
    Policy development and coordination
    The legal basis and the institutional set-up for consistent policy making are partially in place.
    An extensive policy coordination structure exists through the Strategic Planning Committee
    (SPC), chaired by the Prime Minister, and the Integrated Policy Management Group. The
    SPC has met regularly and steered the policymaking process. The IPMG’s activity has varied
    between sectors and should be improved. The SPC and IPMG structures are now operating in
    cooperation and under the facilitation work of the Agency for Strategic Programming and
    Aid Coordination – SASPAC set up in mid-2021.
    A new national strategy for development and European integration was adopted in February
    2023, with some delay, and will now cover the period up to 2030. It serves as an overarching
    reference document for the integrated planning system. In addition, the new 2023-2025
    national plan on European integration was adopted in March 2023.
    An integrated planning system - including links to budgeting - is in place, but its application
    has been uneven. The use of the developed support systems on planning and external fund
    management has been very limited. The support system for budget planning has been more
    actively used, including for the preparation of the mid-term budget planning. Consistency
    between policy planning and budgeting needs to be further improved by making full use of
    the systems that have been developed, including after a review of their functionality.
    SASPAC is now staffed and assumed its mandate to manage policy and project coordination
    between the Government of Albania and donors, including independent fiscal institutions.
    Further efforts are needed to strengthen the administrative capacity of line ministries and the
    Prime Minister’s Office and to increase the accountability of management (see Chapter 32 –
    Financial Control). The rulebook of the Prime Minister’s Office still needs to be adopted.
    Administrative capacity for inclusive and evidence-based policymaking and legislative
    development needs to be further strengthened. Progress was reported on increasing the use of
    regulatory impact assessments, with practical training for the entities involved but further
    efforts are necessary to improve their quality. On public consultation, a regulatory
    framework is in place. The electronic web portal is operational and has been updated.
    However, the proportion of legal acts that undergo online public consultations remains very
    low. Implementing legislation is yet to be subjected to public consultations. In 2022, 48 acts
    were subject to consultation, out of a total of 866 adopted acts. The quality control of
    consultations needs to be strengthened and proper follow-up ensured, and further efforts are
    needed to encourage stakeholders, in particular civil society, to participate.
    15
    Public scrutiny of government work needs to be further improved. Parliamentary oversight
    of the government’s performance, including subordinated agencies, needs to be strengthened.
    Regulatory and institutional monitoring, and the reporting framework for government
    performance, are still fragmented. The harmonisation of reporting practices would be
    facilitated by using the Integrated Planning System Information System. Communication to
    citizens about ongoing reform efforts needs to be improved.
    Public financial management
    The 2014-2022 PFM strategy expired in December 2022 and a new strategy is in preparation,
    with adoption expected still in 2023. The new strategy should be developed through an
    inclusive process. The Ministry of Finance and Economy (MoFE) which is the leading
    institution for the PFM reforms regularly reports on the implementation of the PFM strategy.
    The Law on organic budget has been systematically implemented in line with the budget
    calendar for 2022. In recent years, including in 2022, budget revisions have been made
    primarily through normative acts, often lacking transparency, and confirmed ex post by
    Parliament. Uncertain economic conditions have justified this to some extent, but a return to
    more regular budget revision procedures seems appropriate. An independent oversight body
    with a mandate to assess the fiscal risks and monitor the compliance with the existing fiscal
    rules remains to be established. The quality of the medium-term budget programme has
    improved, but efforts should continue to consistently improve revenue estimates and
    strengthen sector ceilings to support policy implementation by the line ministries. Initial
    efforts on gender-responsive budgeting should be maintained and expanded.
    Budget transparency remains satisfactory overall with the publication of all key budget
    documents. However, further improvement in the quality and format of the documents is still
    needed including publishing of audit reports online in a timely manner.
    Public service and human resources management
    Progress on merit-based recruitment, promotion and dismissal needs to be consolidated
    by applying consistent standards across the public administration and across all levels.
    Greater legal compliance is needed in recruitment procedures. Recruitment from a pool of
    talent is the standard approach, and has well-established procedures, but it is not fully applied
    yet. The merit principle needs to be complied with for both senior and entry-level positions.
    The administration manages to fill most vacant posts, with 830 out of 855 vacant positions
    open for external recruitment filled in 2022. From January to September 2023, 303 positions
    were filled out of the 585 vacant posts announced. Across the public administration, job
    descriptions are not yet fully in line with the categories set out in the civil service law. Of the
    830 recruited staff in 2022, 66% were women and 34% - men. Of the 303 recruited staff from
    January to September 2023, 66% were women and 34% - men.
    In 2022, there were 19 dismissals from the civil service, a significantly lower number than in
    previous years (346 in 2021, 619 in 2020) and the authorities have declared that these
    dismissals were in compliance with the civil service law. The government reports that the rate
    of execution of final court decisions on dismissals and reinstatements improved from 79.5%
    in 2021 to 81.5% in 2022. The long time it takes to enforce reinstatement decisions has a
    significant cost for the government, so the focus should remain on improving reactiveness.
    The human resources management information system continues to be filled with the
    necessary data, although at a slow pace. It does not yet cover the entire public sector, it is not
    completely up-to-date and it still needs to be extended to the local level.
    16
    On salary reform, two new laws and the package of implementing legislation were adopted
    in May 2023. These increased salaries for holders of political mandates, influencing also
    salaries in constitutional bodies. It also introduces a number of changes to the salary structure
    of the civil service, including a higher weighing of seniority and a broader range of salary
    classes. The resulting salary increases will be introduced in two phases in 2023 and 2024.
    Earlier in 2022 and 2023, a number of other decisions had been taken which impacted
    salaries, including increase of public sector salaries in key sectors and increase of the
    minimum salary. The comprehensive salary reform has not been finalised yet and the new
    measures do not address all outstanding issues. The salary system remains complex and not
    fully transparent. The most recent reform provides some newlimited incentives for career
    progression but performance incentives are not yet applied. Reform of the remuneration
    system should be linked to the process of harmonising job descriptions. Automation of the
    payroll calculation stalled in 2022, ascribed to the inability of the IT system in place to
    perform this function and the complexity of the current remuneration system. Greater efforts
    are required to make it possible to calculate the payroll automatically and to link it to the
    treasury.
    The Albanian School of Public Administration (ASPA) continued to adapt its training
    programmes for professional development, with a stronger focus on EU integration.
    Training was provided to 5 397 people in 2022. Efforts to improve the physical and digital
    infrastructure of ASPA are still needed.
    Accountability of the administration
    The legal framework for the organisation of the central administration does not provide a
    comprehensive and consistent foundation for the establishment and accountability of
    subordinated institutions and autonomous agencies. This has resulted in the ad hoc setting up
    of some new agencies. The law should set out a clear typology and criteria for creating
    subordinated bodies and, as well as clarify responsibilities and reporting lines. Workflow and
    decision-making processes in the public administration should be more transparent. The legal
    framework for ensuring managerial accountability needs to be improved.
    The citizens’ right to good administration needs to be further strengthened. The rate of
    implementation of the Ombudsperson’s recommendations continues to hover in the 50-60%
    range. Of the 249 recommendation in 2022, 17% were fully and 36%, partially implemented,
    leading to a combined score of 53%, (50% in 2021). Of the 30 recommendations issues
    between January and April 2023, 17% were fully and 17% partially implemented, leading to
    a combined score of 34%. Parliament should strengthen its cooperation with the
    Ombudsperson and address the problem of the lack of responsiveness of public
    administration bodies.
    On transparency and access to information, the Commissioner for the right to information
    reports that a high number of institutions (391) have published transparency programmes and
    an increasing number of government entities have established an electronic register of
    information requests. The Commissioner received an increased number of complaints (992)
    about the administration’s failure to provide information, often resolved after his
    intervention. The revision of the Law on access to information should be completed to ensure
    managerial responsibility for non-compliance with its provisions. Albania ratified the Council
    of Europe Convention on Access to Official Documents in 2022. The Law on open data and
    interoperability, aiming at aligning national legislation with EU Directive 2019/1024 on open
    data and the reuse of public sector information, entered into force in April 2023.
    17
    A legislative framework is in place for the right to administrative justice. The capacity of
    the administrative court system and, in particular the appeal courts, to deal with cases is
    limited, which led to an increased backlog in 2022. Legislation is in place to protect the right
    of citizens to seek compensation and is applied in practice in judicial cases. However, there
    is no mechanism for the regular monitoring and analysis of administrative and judicial
    practice in such matters, and the government does not gather data on payments made in
    public liability cases and the reasons for them. Nevertheless, the enforcement of
    administrative court decisions by the executive remains problematic, with a low level of
    voluntary compliance, which results in the need to use bailiffs.
    In November 2021, Parliament adopted the Law on co-governance, giving substantial powers
    on mediation and dealing with grievances to the Agency for Dialogue and Co-governance.
    The structure of the organisation was accordingly adjusted by a government decision in 2022.
    The agency reports directly to the Prime Minister. It can conduct inspections on public
    institutions, based on citizens’ complaints, and apply administrative sanctions or propose
    disciplinary measures or mediation. Complaints are received via the ‘Albania we want’
    platform. A separate platform exists to denounce corruption. A significant number of
    complaints are received and treated, but some concerns remain on whether the agency’s role
    may discourage the use of more formal and independent appeal and complaint channels.
    Service delivery to people and businesses
    The institutional and legal frameworks to ensure a user-oriented administration are in place.
    The new 2022-2026 digital agenda was adopted in June 2022. Alignment with the revised
    European Interoperability Framework is still pending. Alignment with new legislation, such
    as the Interoperable Europe Act, should be ensured.
    During the reporting period, the government continued its push to expand online service
    delivery, primarily through the e-Albania platform. The number of online services increased
    to 1 227, estimated to be around 95% of all public services. The government is planning to
    reorganise the portal to improve its user-friendliness. The number of registered users has
    increased to 2.8 million though only about 1.5 million of those are active users. On
    1 May 2022, the government decided at short notice to close the ‘front desks’ (ADISA
    centres), delivering central government services, with a view to moving towards 100% online
    service delivery. The aim of this measure is to improve the quality of services and reduce
    corruption. The rapid shift has raised questions about the quality and accessibility of services
    for people with limited digital skills, limited digital access, or persons with a disability and
    this issue still needs to be addressed. The government has recently announced its intention to
    reinstate some form of contact centres. A good number of municipalities have one-stop-shop
    centres to provide municipal services, which in the past were often combined with an ADISA
    centre. On accessibility for persons with disabilities, Albania needs to align with Directive
    2016/2102 on the accessibility of the websites and mobile applications of public sector
    bodies.
    In 2022, the provision of digital services was temporarily suspended after a number of cyber-
    attacks on government systems, albeit not on the e-Albania platform itself. A number of data
    leaks from some public systems have also occurred. Therefore, digital security, as well as
    data protection provisions, need to be strengthened. The National Agency for Information
    Society is improving its risk assessment capacity and business continuity infrastructure. On
    data protection, Albania should upgrade its regulatory framework to align with EU standards.
    The Code of administrative procedures provides the legislative framework to simplify
    administrative procedures in line with international standards. The process of legal
    18
    harmonisation with the code needs to be completed. In April 2023, the government adopted a
    new Policy Document on Standards of Public Services, which aims to improve service
    standards.
    2.2. RULE OF LAW AND FUNDAMENTAL RIGHTS
    2.2.1. Chapter 23: Judiciary and fundamental rights
    The EU’s founding values include the rule of law and respect for human rights. An effective
    (independent, high quality and efficient) judicial system and an effective fight against
    corruption are of paramount importance, as is the respect for fundamental rights in law and
    in practice.
    Albania is in between some and moderate level of preparation in aligning with the EU
    acquis and European standards in the area of the judiciary and fundamental rights. Some
    progress was made in the reporting period.
    Functioning of the judiciary
    Albania is moderately prepared on the functioning of the judiciary. Good progress was
    made during the reporting period, with the continued implementation of the justice reform.
    The vetting process for judges and prosecutors has advanced with overall good results,
    although the pace of proceedings in appeal needs to be stepped up in light of the revised
    constitutional deadline, with due regard to the quality of the process. By 6 October, 57% of
    the vetting dossiers processed resulted in dismissals, resignations or termination of mandate.
    Albanian institutions need to ensure systematic judicial follow-up on vetting cases where
    criminal offences have been indicated. The efficiency of the judicial system and access to
    justice continued to be affected by the length of proceedings, the increased workload and the
    large backlog of cases, which remains significant. Progress was made in addressing judicial
    vacancies through the appointment of a significant number – 40 – of new magistrates, sworn
    in office at the High Judicial Council in October 2023. Implementation of the new judicial
    map has started; however, this process needs to be consistent with the legal framework and
    principles of access to justice. The Specialised Structure for Anti-Corruption and Organised
    Crime (SPAK) achieved further results, and conducted investigations in several high-level
    cases, which include the involvement of two former ministers. A new Chief Special
    Prosecutor was elected in December 2022 after a sound process. Some positive actions have
    been taken towards increasing the relevance of the continuous training programme in the
    reporting period, however further significant progress is needed on last year’s
    recommendation regarding the judicial training system. Progress was made on the case
    management system, particularly with the establishment of the inter-operability working
    group and the adoption of the interoperability framework setting the basis for the roll-out of
    the system.
    Recommendations for the coming year:
    → further advance the process of re-evaluating judges and prosecutors (vetting) and speed
    up procedures, in particular on appeal, with due regard to the quality of the process;
    → consolidate efforts to improve the efficiency of all courts and prosecution services and
    reduce the backlog of cases, including by filling open vacancies, improving the
    functioning of the courts and streamlining/simplification of judicial proceedings, further
    decisive action to set up a modern integrated case management system and to create a
    robust implementation and communication plan for the new judicial map that ensures
    19
    respect of the right to access justice and of the applicable legal framework, in particular
    on transfers and promotions;
    → continue to strengthen the capacity and independence of the judicial system and its self-
    governing institutions, while making quality and efficiency improvements at the School
    of Magistrates, including by revising the admission examination in line with European
    standards.
    The comprehensive transitional re-evaluation (vetting) of all judges and prosecutors
    continued to advance at a steady pace. The International Monitoring Operation, deployed
    under the aegis of the European Commission, continued to exercise independent oversight of
    the process.
    By 6 October 2023, the vetting institutions had completed 689 vetting cases at first instance
    amounting to 84% of the total. Of these, 537 decisions are final. In total, around 805
    professionals were due to undergo scrutiny. Overall, 57% of the vetting dossiers processed so
    far have resulted in dismissal or termination due to the assessee resigning or reaching
    retirement age. The outcome of decisions of the first instance vetting body, the Independent
    Qualifications Commission and, where applicable, of the Appeal Chamber, resulted in 257
    dismissals (mostly for issues relating to unjustified assets); 278 confirmations in office; 152
    decisions to terminate the vetting proceedings; and 2 suspension decisions, with the
    obligation to undergo training. The International Monitoring Operation has continued to
    oversee the vetting process and has issued opinions on first-instance assessments, including
    33 recommendations for appeal, and 8 dissenting or concurring opinions after the final
    decisions. The vetting institution of public commissioners has followed all recommendations
    for appeal. In the same period, the Appeal Chamber processed 208 cases.
    In June 2023, the Special Court of First Instance against Corruption and Organized Crime
    sentenced the former Head of the Constitutional Court to 6 months in prison, commuted to
    one year of probation, for false declaration and concealment during the vetting process. Trial
    is ongoing against three former High Court judges, and the Special Court of First Instance
    against Corruption and Organized Crime has confirmed the request of the Special
    Prosecutor’s Office regarding the confiscation of assets in one of the three cases. The vetting
    institutions are expected to systematically refer cases to prosecution services where there are
    indications of criminal offences. So far, 34 cases have been referred to prosecution in cases of
    termination of the vetting process due to resignation, which represents about 10% of the
    number of resignations and dismissals. Prosecution services are encouraged to proactively
    initiate criminal proceedings against judges and prosecutors whose vetting process revealed
    criminal elements.
    It is important that all state institutions and judicial authorities, including the self-governing
    bodies of the judiciary, respect the independence and exclusive jurisdiction of the vetting
    bodies, and refrain from acts that could contradict the final vetting decisions.
    Strategic documents
    The Ministry of Justice reports regularly on the implementation of the 2021-2025 cross-sector
    justice strategy and its action plan. All judicial institutions, including the Constitutional
    Court, have developed plans to align their activities with the cross-sector strategy.
    A specific set of indicators is included in the justice strategy and its action plan to make it
    easier to track its implementation. There is a need to improve the reporting capacities of the
    relevant units in all institutions, standardise reporting methods, provide more frequent
    specialised training of staff on analytical skills, and ensure the accuracy of statistical data at
    20
    all levels. Albania needs to ensure effective cooperation between justice institutions, the
    allocation of sufficient resources and the efficient and systemic functioning of the justice
    sector in the context of implementing the justice strategy and its action plan.
    Specialised bodies
    SPAK, comprising the Special Prosecution Office (SPO) and the National Bureau of
    Investigation (NBI), continued to be fully operational. The High Prosecutorial Council (HPC)
    elected a new Chief Special Prosecutor in December 2022 after a sound process. The capacity
    of the recruitment bodies (SPO, NBI and the Courts for High-Level Corruption and
    Organised Crime) needs to be further strengthened to ensure efficiency and the sustainability
    of their workload. The SPO has filled 17 out of its 20 prosecutor posts. One prosecutor was
    temporarily transferred to SPO from the Prosecutor General Office in March 2023 for the
    period of one year. The SPO has filled 12 out of its 16 financial investigator posts. Following
    a second round of recruitment in June 2022, the NBI has 60 investigators. As provided by
    law, an international commission consisting of two criminal justice experts nominated by the
    EU and two by the US government, continued to monitor the functioning of the NBI. See also
    under Chapter 24 – Justice, Freedom and Security
    Despite some progress, the remaining judge vacancies in the SPAK specialised courts need to
    be filled up. In the SPAK appeal court, 10 out of 11 judges have been appointed. There were
    nine judges out of 16 in the first instance court, of which three delegated and not formally
    appointed.
    Management bodies
    The self-governing institutions of the judiciary have continued to fully exercise their
    functions. All vacancies for non-magistrate members of the High Prosecutorial Council
    (HPC) have now been filled. The High Judicial Council (HJC) and HPC are due to renew at
    least half of their membership, including both magistrates and lay members, by December
    2023. This renewal will result in new chairpersons for both Councils. It is essential that the
    process to select the members of the HJC and HPC guarantees fair and effective competition
    and independence, in particular by taking measures to ensure a competitive number of
    applicants notably in appointments by bodies that appoint lay members and by Parliament.
    The HJC advanced with the appointments of judges to vacant positions but it needs to finalise
    the promotion of judges to the High Court and ensure that all 19 judges are in place. The HJC
    continued to approve a significant amount of implementing legislation regulating the
    activities of the judicial system and courts. Evaluations remained below the projected targets.
    However, they remain key to ensuring the effective functioning of the judiciary and
    efficiency of the judicial system. The HJC needs to increase the pace of evaluations and the
    HPC needs to urgently start carrying them out. The HJC and HPC need to put in place clear
    rules of procedure for the evaluation, promotion and transfer of judges and prosecutors. The
    HPC needs to urgently start carrying out evaluations of prosecutors, in line with its annual
    plan, and adopt the necessary implementing legislation to do this. So far, no evaluations have
    been completed by the HPC, which is a matter of concern. The HPC and the General
    Prosecution Office (GPO) should further improve cooperation to ensure effective
    management of district prosecution services and in reporting on how the system is
    functioning. The budgets and human resources of the HJC and HPC have gradually
    increased. There are recurrent complaints from the media and civil society about transparency
    and outreach. It is necessary to improve the regulatory framework and the well-established
    practice for media communications and access to information, based on the principle of
    transparency.
    21
    The Justice Appointment Council continued to operate throughout 2022 and a new Council
    was selected in December 2022.
    The capacity, independence and efficiency of the self-governing bodies of the judiciary needs
    to be further strengthened, including by ensuring the quality of their decisions, transparency
    of their work and effective public communication.
    Independence and impartiality
    The 2016 justice reform set out a satisfactory legal and institutional framework to guarantee
    the independence and impartiality of magistrates. However, concerns continued to be raised
    about alleged attempts to interfere with and exert pressure on the judicial system. The
    training of magistrates should further focus on integrity and judgecraft. Targeted action to
    reduce undue influence and increase public trust in the judiciary should be further considered.
    Legal provisions are in place to guarantee independent procedures to appoint, promote,
    evaluate and dismiss judges and prosecutors, and to ensure the possibility to appeal all related
    decisions. The remuneration of judges and prosecutors reaches the highest levels for public
    sector salaries in the country. In December 2022, the Constitutional Court delivered a
    decision on the regulatory framework for the salaries of magistrates. This decision has been
    implemented in full respect of the principle of the financial independence of magistrates. The
    transparency and correct implementation of the legal provisions on promoting and
    transferring prosecutors and judges should be ensured by the Councils, including through
    implementing legislation.
    The roll-out of a modern integrated case management system has been long pending, and it
    remains necessary to improve the efficiency and transparency of the justice system. The
    limited number of judges at several courts coupled, with the lack of an integrated case
    management system, leads to a worrying result in that the random allocation of cases is not
    widely applied. The random allocation of cases in the prosecution services is not applied and
    is an area of serious concern. The IT centre for the justice system has only one member of
    staff on duty, which is insufficient to ensure strong leadership and high standards. Progress
    was made on the case management system, particularly with the establishment of the inter-
    operability working group in June 2023 and the adoption of the interoperability framework
    setting the basis for the roll-out of the system .
    It is a criminal offence to exert undue influence over a judge or a prosecutor. There have been
    no official reports from judges or prosecutors of such attempts. Concerns remain about
    internal and external attempts to exert undue interference over the judicial system, political
    pressure and intimidation. No sanction has been taken against public officials or politicians
    waging accusations against magistrates. However, the self-governing institutions have
    publicly reacted to such accusations, classifying them as undue influence and pressure.
    Accountability
    The High Justice Inspector (HJI) continued to be operational, initiating and conducting
    disciplinary investigations against magistrates. Nearly half of the planned inspectors (12 out
    of 26) are in office. The recruitment of additional inspectors and improvement of HJI’s
    capacity remain necessary. The HJI adopted a revised methodology to reduce the backlog of
    1 606 cases that it inherited, of which 1 072 have yet to be processed. The HJI has not
    accumulated a backlog of new cases since it was set up. It is still necessary to During the
    reporting period, the HJI received 789 complaints. It processed 534 complaints and started 28
    disciplinary investigations, of which for six magistrates it has requested disciplinary measures
    by the Councils. In most cases where the HJI requested dismissals, the councils decided on a
    22
    more lenient measure.
    The HJI has proposed three disciplinary measures for judges to the HJC, of which two are
    still ongoing and one has been followed, but with a change to the proposed measure. The HJI
    has proposed three disciplinary measures for prosecutors to the HPC, of which one is ongoing
    and two are suspended.
    The HPC should quickly begin the evaluation of all prosecutors, given the lack of progress in
    the reporting period.
    Cooperation between the institutions governing the justice system should be further
    strengthened. The regular general meeting between the HPC and the HJC took place only
    once during the reporting period. Coordination on a regular basis is needed.
    Strategic communication by the institutions of the judiciary on key policies is still weak.
    Greater transparency is needed on the concrete steps to implement the judicial map. Frequent
    communication is also needed on key policies adopted by both councils, including reader-
    friendly information on the procedure to promote judges and prosecutors, regular thematic
    evaluations and other analytical reports.
    Professionalism and competence
    The system for recruiting, selecting, appointing, transferring and dismissing judges and
    prosecutors is managed exclusively by the self-governing institutions of the judiciary. The
    continued implementation of judicial reform reduced political influence throughout the
    appointment process, thus contributing to ensure a more merit-based career system. The last
    vacancy in the Constitutional Court was filled in December 2022. The evaluation process,
    including the ranking of candidates, needs to be more transparent and allow for more
    competition, in line with the Venice Commission recommendations.
    The High Court continued to reduce its backlog of cases, however this remains very high, and
    more efforts, including additional judges and legal advisers, are necessary to help reduce it
    further.
    Quality of justice
    Some positive actions have been taken towards increasing the relevance of the continuous
    training programme in the reporting period. The overall quality of the initial and continuous
    training at the School of Magistrates (SoM) requires further improvement. Further to the
    efforts made in previous years, an increase in the number and quality of cohorts of students
    and graduates is still necessary as a matter of priority, to address judicial vacancies and the
    efficiency challenges of the judicial system. However, for the 2022-2023 academic year, the
    intake of new students slightly decreased compared with the previous term. Of the 96 places
    available in the SoM, only 66 students were admitted for 2023-2024. In addition, the SoM
    needs to continue improving the quality of new recruits and graduates, including through a
    comprehensive revision of the entry examination in line with European standards. A
    comprehensive analytical projection of the short and long-term needs of the judicial system,
    including a number of magistrates is still missing. This should take into account the backlog
    in cases, implementation of the judicial map and the results of vetting. The SoM needs to
    intensify its efforts to improve the quality of academic staff and to ensure a competitive and
    transparent recruitment process. The methodology of continuous training needs to be
    improved and should be based on a regular needs assessment. The SoM should publish an
    analysis of the satisfaction surveys on continuous training and adopt a methodology to
    conduct regular needs assessments. Initial training should be substantially revised to be more
    consistent with the objective of specialisation and to put a greater focus on practical training,
    23
    especially on legal writing and reasoning. Training should also include a specific curriculum
    on EU law. The total budget allocated to training initiatives at the SoM in 2022 amounted to
    EUR 2.7 million, compared with EUR 2.9 million in the previous year. As an observer of the
    European Judicial Training Network (EJTN), the SoM should be more proactive in profiting
    from the network’s activities and expertise.
    The quality of final court decisions need to be further improved. The HJC and the High Court
    have taken some steps towards the dissemination and unification of judicial practice, which
    however requires further consolidation. Access to full reasoned decisions and their timely
    publication remains very limited.
    Albania had 11.4 judges per 100 000 inhabitants (318 judges) and less than 8 prosecutors per
    100 000 inhabitants (202 full time prosecutors) in 2022 according to the European
    Commission for the Efficiency of Justice (CEPEJ). The EU average in 2021 was 24.1 judges
    and 10.8 prosecutors per 100 000 inhabitants. The number of judges in Albania increased in
    2022 compared with the previous year’s ratio, following several new appointments; and there
    was a slight drop in the number of prosecutors compared with the previous reporting period.
    The 2021 budgetary allocation for the judicial system was about EUR 70 million. This
    amounts to over EUR 14.5 per inhabitant. The budget for the courts saw a significant
    increase, however the courts’ infrastructure remains poor overall and future budget
    allocations need to address with greater determination the pressing needs of the judicial
    institutions.
    Efficiency
    The unfilled open vacancies, the length of proceedings, the low clearance rate and the high
    number of unresolved cases continue to affect the efficiency of the judicial system.
    The majority of courts in Albania function with reduced personnel, due to judicial vacancies,
    on average at less than half of their normal capacity. Progress was made in addressing
    judicial vacancies, through the appointment of 40 new magistrates who were sworn in office
    at the High Judicial Council in October 2023 and will immediately take up their duties at first
    instance courts throughout the country. Albania began to implement the judicial map, which
    aims to help optimise human and financial resources, increase specialisation, increase the
    courts’ efficiency and mitigate the impact of the vetting process. The implementation of the
    judicial map should ensure the respect of the right to access to justice and of the applicable
    legal framework, in particular on transfers and promotions. A robust implementation plan for
    the judicial map is still missing and needs to be urgently put in place. Periodic assessments,
    effective communication and an adequate budget need to be ensured.
    The average number of cases per judge remains high, which is of concern, especially at
    appeal level. Attempts to stabilise the backlog have not yet produced results. There has been
    a 31% increase in cases awaiting adjudication countrywide. The average length of a case at
    appeal level was 893 days in 2022. At the Tirana Appeal Court, the average length of a
    criminal case was 5 820 days.
    The courts with the largest backlog are the High Court, the Appeal Court and the
    Administrative Court of Appeal. In 2022, the backlog in the Administrative Court of Appeal
    increased by 15%, with 21 166 cases pending, compared with 2021, although the clearance
    rate improved. The backlog in the appeal courts of general jurisdiction is 28 140 cases, i.e. up
    24% from the previous reporting period. All the other efficiency indicators for cases at appeal
    level have worsened compared with the previous reporting period, which is a worrying trend.
    The High Court has the biggest backlog, of over 31 827 cases but has managed to reduce it
    by 12% compared with the previous year. The highest number of pending cases at the High
    24
    Court are civil cases, while of the number of new cases registered in the Court fell by 27%
    compared with last year.
    The accumulated backlog has a significant impact on the clearance rate and capacity of
    judges to process cases in due time. The HJC and HPC should decide on an appropriate
    methodology and take the necessary steps to reduce the backlog at all levels and to ensure a
    reasonable time for the hearing, reasoning and publication of final court decisions. The
    absence of defence lawyers is the most frequent reason for the adjournment of hearings.
    Together with filling up of vacancies as well as other administrative and procedural matters,
    this issue should be addressed to improve judicial efficiency.
    Further efforts are needed to improve the collection and reporting of judicial statistical data.
    It is urgent to set up a new integrated case management system through determined policy,
    planning and budgetary efforts, and ensure its interoperability across the entire justice system,
    in line with CEPEJ methodology. Progress was made with the establishment of the inter-
    operability working group and the adoption of the interoperability framework setting the
    basis for the rollout of the system .
    Alternative dispute resolution is not used, and the courts did not refer any cases in 2022. It is
    necessary to improve citizens’ awareness of alternative dispute resolution, the services of the
    mediation chamber and the legal provisions on court referral to the mediation chamber
    needed as a matter of priority to reduce the case backlog and increase access to justice.
    There are 18 cases pending before the Council of Europe Committee of Ministers for
    supervision of the execution of final judgments of the European Court of Human Rights.
    Fight against corruption
    Albania has some level of preparation in the fight against corruption. Despite some
    progress and continued efforts in fighting corruption, including a number of high level
    convictions and financial investigations at high level, it remains an area of serious concern.
    Overall, corruption is prevalent in many areas of public and business life and measures to
    prevent it continue to have a limited impact, particularly in vulnerable sectors. The
    Specialised Structure for Anti-Corruption and Organised Crime (SPAK) conducted criminal
    proceedings and financial investigations in several high-level cases. Criminal convictions
    were pronounced by the SPAK Courts in high-profile cases, notably in case of a former
    Minister of Environment and of a member of Parliament as part of an investigation into the
    concession contracts on urban waste treatment (the incinerators’ affair). Increasing the
    number of final convictions in high-level cases remains an important priority to further tackle
    the culture of impunity. The vetting of judges and prosecutors continues to bring results in the
    fight against corruption within the judiciary, however further efforts are needed to ensure due
    judicial follow-up in vetting cases where there are indications of criminal offences. The
    institutional capacity of the Anti-corruption Directorate-General in the Ministry of Justice
    needs to be further strengthened. The composition of the Ethics Commission needs to be
    revised, as the presence of a member of the government is ground for serious concern. The
    sectors that are most vulnerable to corruption require targeted risk assessments and dedicated
    actions. The 2022 recommendations were only partially implemented, thus they remain valid.
    In the coming year, Albania should in particular:
    → strengthen the investigation, prosecution, adjudication and final conviction of corruption
    cases, in particular at high level, and increase the seizure and confiscation or recovery of
    criminal assets resulting from corruption-related offences;
    → further strengthen the capacity of the SPAK, to fully reflect its operational needs,
    25
    including by increasing human resources, providing specialised equipment and adopting
    a strategy that prioritises cases as a way to tackle the continuously increasing backlog of
    cases;
    → adopt a new anti-corruption strategy to effectively curb corruption, including dedicated
    action plans and indicators for the sectors most vulnerable to corruption, and address
    effectively the recommendations of the Council of Europe’s Group of States against
    Corruption (GRECO).
    Track record
    Efforts continued to extend the track record of investigations, prosecutions and convictions
    in the fight against corruption.
    The specialised law enforcement bodies in charge of investigating, prosecuting and
    adjudicating complex corruption cases – the SPAK and the Anti-Corruption and Organised
    Crime Courts – remained operational during the reporting period.
    However, greater political will and more structured and consistent efforts, including adequate
    resources, tools and skills, are still needed to systematically address cases of corruption.
    In 2022, 186 people were convicted of public sector corruption and 7 of high-level
    corruption, while 298 new cases were sent to court for public sector and none for high-level
    corruption, 18 people were convicted of corruption in the judicial system.
    The anti-corruption sector in the state police recorded a total of 1 193 criminal offences and
    investigated 1 537 suspects in 2022, up from 1 018 criminal offenses and 1 491 prosecuted
    offenders in 2021.
    Seizures of assets from corruption-related crimes totalled EUR 38 million in value in 2022,
    compared with EUR 21 million in 2021. The reported value of confiscations remain much
    lower and needs to significantly increase.
    On high-profile cases, criminal convictions were pronounced by the SPAK Courts, notably
    the conviction of a former Minister of Environment to 10 years in prison and of a Member of
    Parliament to four years in prison as part of an investigation into the concession contracts on
    urban waste treatment (the incinerators’ affair), reduced to 6.8 and 2.8 years respectively due
    to shortened trial. A former deputy prime minister was indicted by SPAK for criminal
    offences, including passive corruption, as part of the investigations on the ‘incinerators’ case.
    A former deputy minister of health was arrested in connection to a procurement case.
    Investigations launched previously on high level officials have continued.
    In 2022, the administrative investigations conducted by the Anti-corruption Directorate-
    General led to 20 criminal reports (compared with 12 in 2021), and 43 administrative reports
    comprising 259 disciplinary measures. A systematic preventive policy should be adopted by
    the relevant agencies based on the analysis of the record of disciplinary measures and other
    wrongdoings.
    The vetting of members of the judiciary continued to have a positive impact on the fight
    against corruption. During the reporting period, 12 cases were referred to the prosecution
    services when the vetting process had been terminated due to resignation, increasing the
    number of referred cases to 34, which represents about 10% of the total number of
    resignations and dismissals. Additional efforts are needed to systematically initiate criminal
    procedures against judges and prosecutors suspected of criminal conduct during vetting by
    prosecution services, in particular in cases of dismissal.
    26
    On asset declarations by high-level state officials, in 2022 the High Inspectorate for the
    Declaration and Audit of Assets and Conflicts of Interest (HIDAACI) applied 128
    administrative measures, such as fines. It referred 37 cases to law enforcement agencies for
    further investigation (compared with 15 cases in 2021 and 72 in 2020). The electronic system
    for the declaration of assets and private interests continued to operate.
    In 2022, HIDAACI reviewed 13 whistleblowing cases and two requests for protection
    against retaliation. Additional campaigns are needed to increase citizens’ engagement in the
    fight against corruption.
    As regards internal control mechanisms, the state Supreme Audit Institution (SAI) reported
    estimated direct economic damages to public finances in 2022 of almost EUR 14 million,
    roughly half on revenue and half on expenditure. The SAI also estimated the negative effect
    due to irregularities at around EUR 825 million which includes economic, efficiency and
    effectiveness losses. In 2022, the institution referred four cases involving 16 persons for
    prosecution, including a former Minister for Health and a former director of the Port
    Authority in Durres. Two of these cases, and 12 of the persons, were related to abuse of duty
    in cadastre agencies of Vlore and Sarande. (see also Chapter 32 – Financial Control).
    On access to information, the Commissioner for the Right of Information and Protection of
    Personal Data approved the new models of the transparency programme and the register of
    requests and responses and has monitored all central and dependent public authorities, as well
    as all local self-government units. The electronic register of requests and responses was
    installed in another 100 public authorities, bringing the total number to 195. A total of 331
    public authorities have published the transparency programme on their official websites.
    Anti-corruption measures continue to have a limited impact in particularly vulnerable areas.
    Corruption remains prevalent in the health and property sectors and within the police.
    Targeted action is urgently needed. Internal checks and inspection mechanisms in the public
    administration remain weak and ineffective.
    Institutional framework
    Prevention of corruption
    The Anti-Corruption Directorate-General in the Ministry of Justice is the main body
    responsible for systematically preventing corruption and raising awareness. It also conducts
    administrative investigations in institutions. It cooperates with a network of anti-corruption
    coordinators posted to 44 state institutions. The independence, capacities and public
    visibility of the directorate-general and the network, as well as alignment of its investigative
    functions with EU practices should be further increased, and their efficiency assessed against
    public perception and bribery indexes.
    The central ministries, all agencies of the Ministry of Justice, and 22 additional municipalities
    adopted integrity risk assessment and integrity plans. Their effective implementation is yet
    to be ensured.
    Within the overall anti-corruption framework, the role of the state Supreme Audit Institution
    is to provide recommendations to the government to address systematic weaknesses. The e-
    procurement, e-appeals and e-complaints systems helped to increased transparency in public
    procurement.
    In 2022, the powers of the Agency for Dialogue and Co-governance were extended to include
    following up citizens’ complaints of corruption, including inspections at the relevant
    authorities. The Agency should further improve its efficiency, in coordination with the Anti-
    27
    Corruption Directorate-General and the network of coordinators.
    The High Inspectorate for the Declaration and Audit of Assets and Conflicts of Interest
    (HIIDACI) has become a well-established institution. It introduced the online system for
    assets, while providing training, assigning contact points and establishing cooperation with
    banks, cadastre and other institutions. Close to 100% of around 4 000 persons concerned
    entered their declarations in the online system. However, the module for publication of assets
    was put on hold until it fulfils cyber security requirements. Relevant institutions should
    cooperate closely to ensure a proper verification of the data declared. Measures continue to
    have a limited impact, notably in the most affected areas such as infrastructure, property
    rights, customs, tax, education, health, public procurement and government contracts. These
    areas require targeted risk assessments, dedicated actions and effective implementation of the
    measures.
    Further efforts are needed to improve compliance with procedures and prevent corruption in
    the procurement cycle (see also Chapter 5 – Public Procurement).
    Law enforcement
    The specialised bodies in charge of investigating, prosecuting and adjudicating complex
    corruption cases – the Anti-Corruption and Organised Crime Courts and the SPAK,
    comprising the Special Prosecution Office (SPO) and the National Bureau of Investigation
    (NBI) – remained fully operational during the reporting period.
    Legal framework
    Albania is party to all international anti-corruption conventions, including the United
    Nations Convention against Corruption.
    In March 2023, GRECO concluded that Albania implemented or dealt satisfactorily with
    only 5 of the 24 recommendations made in the report of the 2020 evaluation round concerting
    integrity of central government and law enforcement (Fifth Round evaluation), while 13 were
    partly implemented and 6 were not implemented. More efforts are needed to make
    improvements in the following areas: (i) the adoption of robust integrity plans in all
    ministries; (ii) the consistency of the legal and institutional framework on the fight against
    corruption and the integrity of public officials; (iii) effective implementation of the
    Ministerial Code of Ethics; (iv) independence of the Ethics Commission; and (v) integrity
    measures for the members of the Council of Ministers and political advisors. Improvements
    are also needed in the framework and conduct of public consultations, the monitoring and
    transparency of contacts with lobbyists and other third parties, and in post-employment
    restrictions to avoid conflict of interests. There is also a need to strengthen the legal
    guarantees on the financing of political parties and electoral campaigns.
    On the OSCE/ODIHR 2021 recommendations on the investigation and prosecution of cases
    of vote-buying, by 12 May 2023, 13 election-related reports had been received by SPAK, and
    6 pre-trial criminal investigations had been initiated, including on vote-buying. As electoral
    campaigns are increasingly moving online, special attention should be paid to online and
    third-party campaigning.
    Albania’s legislation is partially in line with the OECD Convention on Combating Bribery of
    Foreign Public Officials in International Business Transactions.
    Strategic framework
    The implementation of the inter-sectoral strategy against corruption is overall on track,
    although important weaknesses remain. A new strategy for 2023-2030 is in preparation, in
    28
    which more attention should be paid to the sectors most vulnerable to corruption which
    require targeted risk assessments and dedicated actions, sound monitoring mechanisms and
    sufficient budget for implementation. The new strategy should also aim to encourage
    ownership and strengthen institutional capacities. The strategy aims to include monitoring
    indicators. Overall, the impact of corruption prevention structures in the public sector remains
    limited. Some progress was made in awareness-raising and efforts in this area need to be
    sustained.
    Fundamental rights
    Albania’s legal framework sets out an overall good basis for the protection of fundamental
    rights. However, overall efforts at implementation of the legal and policy frameworks need to
    intensify. In particular, implementing legislation still needs to be adopted. On personal data
    protection, Albania should take urgent measures to prevent the recurrence of massive
    breaches of personal data and improve their handling. Progress was made on the use of
    alternatives to detention and, in particular, the probation service. The application of gender-
    responsive budgeting continued to improve. Since January 2022, the Albanian government
    has implemented a range of measures aimed at supporting families, women and girls, and
    vulnerable groups, as a response to the global crisis caused by the COVID-19 pandemic and
    Russia’s war of aggression against Ukraine. Economic assistance to victims of domestic
    violence has been increased significantly. The implementation of the law on gender equality
    and of the national strategy for gender continued and needs to be further intensified. There
    was some progress on the rights of persons with disabilities, as concerns biopsychosocial
    assessment. The process of first registration of properties and other transitional processes
    need to advance in full transparency, including by tackling corruption. The registration and
    digitisation of cadastral data continued, but at a slow pace. Progress was made with the
    adoption of implementing legislation for the Law on the cadastre and the Law on the
    finalisation of transitional ownership processes, however the overall implementation and
    results need to be significantly advanced. The remaining implementing legislation related to
    the 2017 framework Law on the protection of persons belonging to national minorities is still
    to be adopted. On the protection of personal data, Albania needs to put in place strong legal
    and institutional safeguards to prevent further massive breaches of privacy by private
    companies and the public administration and adopt the necessary legislation to align with the
    EU acquis on personal data. Since the 2022 recommendations were only partially
    implemented, in the coming year Albania should, in particular:
    → adopt the pending implementing legislation on the rights of persons belonging to
    minorities pertaining to self-identification and the use of minority languages, and increase
    the capacities of the state Committee on National Minorities;
    → safeguard the right to property, notably by making decisive progress on first registration
    and compensation, improving the transparency of the state cadastre and the quality of the
    property register, and ensuring that the right to a fair trial and the right to effective
    remedy are respected in cases of expropriation and removal of properties;
    → improve data protection, in particular by adopting the revised Law on personal data
    protection in full alignment with the EU acquis, by strengthening the independence and
    capacity of the Information and Data Protection Commissioner, and by awareness raising
    measures.
    Overall, Albania continues to be party to most international human rights instruments.
    Albania has not signed the Optional Protocol to the Convention on the Rights of Persons with
    Disabilities and the Optional Protocol to the International Convention on Economic, Social
    29
    and Cultural Rights. For Albania to fully benefit from its observer status in the European
    Union Agency for Fundamental Rights (FRA), it needs to develop a comprehensive
    monitoring and data collection system to assess the level of implementation of human rights
    legislation, policies and strategies.
    Albania continues to ensure good cooperation with the European Court of Human Rights
    (ECtHR). In June 2023, 389 cases were pending against Albania before the ECHR. The
    ECHR delivered judgments on ten applications and found breaches of the European
    Convention on Human Rights in nine out of ten cases (against three in 2022), relating mainly
    to the right to respect for private and family life, the right to a fair trial, and the right to liberty
    and security. In the reporting period, there were 101 new applications allocated to a decision
    body. Currently, there are seven cases under enhanced supervision by the Committee of
    Ministers.
    On the promotion and enforcement of human rights, the Ombudsperson (People’s
    Advocate) continued to exercise their mandate satisfactorily. Despite a 10% increase in the
    institution’s budget from 2021 to 2022, the human and administrative capacities of the
    institution still need to be further strengthened. Of the 249 recommendations issued in 2022,
    only 17% have been fully implemented and 36% partially implemented, while 41% remain
    unimplemented, rejected, or without response. It is necessary to significantly improve the
    implementation of the Ombudsperson’s recommendations to ensure the effective enforcement
    of human rights. Parliament’s election of a new Ombudsperson, following the end of the five-
    year term of the incumbent Ombudsperson in June 2022, is significantly delayed. The
    incumbent remains in an acting capacity until the new Ombudsperson is elected. Blockages
    and delays in the parliamentary appointment procedure need to be urgently addressed to
    ensure that appointment procedures fully guarantee the legitimacy of the institution. The
    Ombudsperson should complete and publish their annual report before presenting it to
    Parliament and end the practice of presenting the annual report to Parliament before it is
    published.
    The Commissioner for Protection from Discrimination (CPD) continued to carry out their
    mandate with 73 recommendations issued in 2022, up from 49 in 2021. Only 23.2% of the
    overall number of recommendations were fully implemented, while 53.5% of
    recommendations concerned cases subject to court proceedings. Legislative changes are
    necessary to empower the Commissioner to issue executive orders instead of
    recommendations. In 2022, 297 cases were handled by the CPD (213 new complains from
    2022 and 84 carried over from 2021) of which 143 were in the field of employment, 140 in
    the field of goods and services and 14 in the field of education.
    On the right to life, limited progress was made in investigating cases and strengthening the
    institutional and legislative framework on persons missing since the communist era.
    Sufficient resources should be allocated to improve capacities to make identifications and to
    formalise the arrangements for institutional coordination in the area. A single comprehensive
    and publicly accessible database of missing persons should be created. Continued political
    will is important to increase the number of cases solved and to raise public awareness of this
    issue.
    On the prevention of torture and ill-treatment, the medical and custodial staff in prison
    hospitals are generally satisfactory. However, poor material conditions still prevail, as well as
    structural deficiencies, including the lack of communal spaces for group activities and of
    outdoor yards. A memorandum of understanding with a joint action plan was signed by the
    Minister for Justice and the Minister for Health and Social Protection to implement the 2021
    recommendations of the European Committee for the Prevention of Torture and Inhuman or
    30
    Degrading Treatment or Punishment and the judgments of the ECHR on forensic psychiatric
    patients and prisoners with a mental disorder. Patients with medical conditions from the
    Kruje and Zaharia detention facilities were transferred to the Lezha prison. The renovation of
    the Lezha prison continued, however, it is still over-populated and conditions in its forensic
    psychiatric facility need to be brought up to a satisfactory standard. Efforts are also needed to
    increase the number of staff and improve their working conditions and skills. No systemic ill-
    treatment in prisons or by the police has been reported, but the People’s Advocate underlines
    the need to improve the minimum standards for sanitary conditions in prisons and police
    premises.
    The National Preventive Mechanism (NPM) carried out 73 periodic inspections in 2022,
    which were followed by 90 recommendations (in response to inspections and individual
    complains). The NPM handled 45 cases (31 complaints and 14 own-initiative cases), of
    which 25 complaints were related to prisons and treatment of prisoners and were 6 against the
    state police for alleged use of violence and unfair association. The NPM’s 90
    recommendations were accompanied by 779 sub-recommendations, of which only 41% have
    been implemented, 9% partially implemented, 45% not implemented and 5% are still without
    a response.
    The prison system and detention centres remain a serious issue of concern. Long-standing
    issues include political influence, corruption and poor management, as well as a shortage of
    staff, poor infrastructure, and a lack of healthcare and security. The lack of inspections and
    employment and reintegration programmes for prisoners are other issues of concern.
    Continued efforts are needed to increase the number of prison staff, including medical and
    specialist personnel, and to improve their skills and working conditions.
    Across the country, the number of inmates is now below the capacity of the prison system,
    with 89% of the capacity used. However, 13% (3 out of 22) of the prisons are overcrowded.
    The Director-General for Prisons has initiated a review of prison security and the
    rehabilitation of prisoners in Peqin, Fier and Ali Demi prisons. Special attention should be
    paid to de-radicalisation in prison and after release. The closure of prisons that do not meet
    the necessary standards has been announced in the framework of the territorial reform of
    prisons (the 2023-2028 master plan of the Directorate-General of Prisons), and is expected in
    the next 2 years.
    According to the Directorate-General of Prisons, the electronic entry and exit management
    system in prisons and detention institutions is ready to be put in operation. It aims to increase
    security, improve controls and data storage, make the facilities easier to manage. Between
    January 2022 and February 2023 a total of 2 009 staff were trained on human rights,
    including on the European Prison Rules.
    In 2022, 6 688 people were placed in alternatives to custody by a court decision, which is
    down 1% from 2021, but an 18% increase compared with 2020. The probation service
    remains fully operational across the entire country and provides alternatives to imprisonment,
    including for juvenile offenders. However, the use of electronic monitoring is still suspended
    (since 2017) because of an unsettled legal dispute.
    Legislation on the protection of personal data needs to be urgently aligned with the EU
    General Data Protection Regulation (GDPR) and the EU law enforcement Directive. Public
    consultations on the draft legislation took place in the summer of 2022. The law needs to
    ensure the independence of the Office of the Information and Data Protection Commissioner
    (IDP) and empower it to adopt binding decisions. Moreover, to ensure effective alignment
    with the EU acquis on data protection, the capacities of the IDP will need to be strengthened.
    31
    In 2022, the IDP handled 370 complaints and carried out 48 administrative inspections,
    issuing 48 recommendations and 63 administrative sanctions. In response to massive personal
    data leaks in 2021, the IDP Commissioner issued a decision in November 2022 that imposed
    fines on the Directorate-General for Taxes and Directorate-General for Road Transport
    Services for their respective liability for the breaches. One cross-cutting finding of the IDP
    from its administrative inspections has been the lack of awareness about data protection in the
    public administration. Concerns about the handling of personal data by private companies
    and the public administration continued in 2022. Overall, robust legal and institutional
    safeguards are needed to prevent breaches of personal data, increase public awareness of the
    relevant risks and increase the public institutions’ awareness of their obligations set out in the
    law.
    Overall, freedom of thought, conscience and religion was generally upheld. The state
    continued to provide the same level of financial support to religious communities. In May
    2023, the state allocated approximately EUR 1.05 million to the Catholic, Sunni Muslim,
    Orthodox, and Bektashi communities for the administrative functioning of the communities
    and religious education, a similar amount as the previous year. The dependence of some
    religious groups on financial support from third parties creates vulnerabilities. The restitution
    of properties belonging to religious groups that were expropriated during the communist era
    remains an unresolved issue.
    The Commissioner for Protection from Discrimination reported three cases of
    complaints of discrimination based on religious grounds, but ruled that there was
    no discrimination in any of the cases.
    Regarding the fight against antisemitism, Albania is an observer member to the International
    Holocaust Remembrance Alliance (IHRA) and has adopted the IHRA definition of
    antisemitism. Concrete efforts have been made regarding Holocaust education.
    ----------------------------------------------------------------------------------------------------------------
    Freedom of expression
    The country is in between some and moderate level of preparation in the area of freedom
    of expression. Limited progress was made, in particular through the amendment of the Law
    on audiovisual media, to align with the 2018 EU Directive on audiovisual media services,
    with a view to participation in the Creative Europe Programme. However, the intersection of
    business and political interests, lack of transparency of financing sources, concentration of
    media ownership, intimidation and precarious working conditions continued to hamper media
    independence, pluralism and the quality of journalism. The atmosphere of verbal and physical
    attacks, smear campaigns and intimidation lawsuits against journalists has not improved.
    Last year’s recommendations remain valid. In the coming year, Albania should in particular:
    → ensure zero tolerance for intimidation and effective judicial follow up in cases of attacks
    against journalists, including through full decriminalisation of defamation;
    → address the high concentration in media ownership and significantly increase the
    transparency of media financing, including by revising legal requirements for public
    advertising, in line with European standards;
    → improve the working conditions for journalists, in particular by strengthening the
    protection of Albanian journalists’ employment and social rights and ensuring a
    consistent application of the labour code.
    Intimidation of journalists
    32
    High-level officials and political actors continued to voice anti-media sentiments and use
    denigrating language against journalists on several occasions. In July 2022, a second
    journalist was banned for three months from government press conferences for alleged ethical
    violations.
    In November 2022, an investigative journalist was physically attacked in Tirana by
    unidentified persons. The journalist claimed that the attack was directly related to his
    reporting on allegations of former public officials’ connections to corruption cases. In
    January 2023, a local journalist and his wife were physically attacked, while the journalist
    was on duty covering a court case. In March 2023, the building of a private national
    broadcaster was attacked by heavily armed individuals and, as a result, a security guard lost
    his life. All high-level state authorities and politicians across the political parties condemned
    the event; effective judicial follow-up should be ensured. In July 2023, international media
    watchdog organisations called on a high-level local official to refrain from threatening and
    harassing a journalist following her reports on a corruption case. A solid track record of
    prosecution and judicial follow-up has yet to be established to safeguard the safety of
    journalists.
    There was a slight increase in the number of strategic lawsuits against public participation
    (SLAPPs). Media organisations reported that 19 new criminal court cases were filed against
    journalists or media workers in 2022, while 11 cases remain unresolved and have been
    carried over from previous years. Furthermore, 12 civil cases were filed, of which 11 are for
    allegedly publishing fraudulent or inaccurate information. No custodial penalties have been
    imposed on journalists during the reporting period. Data is not available on any financial
    penalties imposed. The systematic monitoring and transparent reporting of the judicial cases
    involving journalists and media professionals needs to be strengthened. The use of force by
    law enforcement authorities, in particular on the margins of demonstrations, continues to be a
    source of concern.
    Legislative environment
    The constitutional right to freedom of expression continued to be generally upheld. However,
    defamation remains a crime punishable by particularly high criminal fines. The provisions of
    the Criminal Code on insult and defamation need to be repealed or fully aligned with
    European standards. The civil law provisions on publishing fraudulent or inaccurate
    information need to be aligned with European standards on freedom of expression and media
    freedom.
    During the reporting period, the Audiovisual Media Authority adopted a revised Audiovisual
    Broadcasting Code, which defines the principles, rules, requirements and practices of audio
    and audiovisual broadcasting, following consultation with civil society and media
    organisations. The Code aims to improve the application of the right to gender equality, to
    tackle hate speech, and to address disinformation.
    In April 2023, following a public consultation with media actors, Parliament adopted limited
    amendments to the 2013 Audiovisual Media Law intended to transpose key aspects of the
    2018 Audiovisual Media Services Directive (see also Chapter 10 – Digital transformation
    and media).
    The anti-defamation legal package was removed from Parliament’s agenda in November
    2022.
    There is a need for a comprehensive assessment of the legal and regulatory framework to
    address major challenges hampering media independence, in particular concentration of
    33
    media ownership and transparency of financing sources and economic interests, including
    public funding. It is essential that any change to the legal framework be in line with European
    standards, including the Venice Commission opinions, and is subject to extensive
    consultations with media organisations and civil society.
    Implementation of legislation/institutions
    It remains important to ensure direct and transparent media access to government institutions
    and their activities and to factual non-partisan public information. The practice of institutions,
    public officials and political parties of distributing pre-packaged audio, video and text
    materials to the media, especially in the context of elections, remains an area of concern that
    needs to be addressed.
    International media freedom organisations condemned the decision by a prosecution office to
    impose blanket bans on information in the media about cyberattacks on Albania’s e-
    governance system, denouncing a potential violation of the media’s liberty to publish public
    interest materials. Albania adopted changes to the law on the right to information, including
    stronger accountability for breaches of the law. Implementation of the right of access to
    public information needs to be further strengthened.
    In December 2022, the demolition by a government agency of a hotel belonging to a
    businessman and prominent media owner, claiming violations of construction laws, and
    without waiting for the outcome of a legal review, caused controversy.
    Public service broadcaster
    In March 2022, Parliament formally launched the process to fill two vacancies on the steering
    board of the public broadcaster, which is composed of 11 members. One vacancy still has to
    be filled. Parliament needs to avoid blockages and delays in the procedure to appoint
    members of the board of the public broadcaster. Appointments need to be carried out in line
    with procedures that ensure the greatest level of independence, impartiality and legitimacy of
    the institution.
    In June, the Steering Council of the public broadcaster elected by unanimity a new Director-
    General. The fact that the appointee held the position of Secretary for relations with media
    and civil society of the ruling Socialist Party until September 2021 has raised some concerns
    about the future independence of the public broadcaster. By July 2023, tens of media workers
    had been dismissed by the newly appointed management.
    Economic factors
    High-profile business groups further increased their economic penetration in the media
    market during the reporting period. Media organisations and activists have continued to raise
    concerns about the use of media channels to promote owners’ economic interests and
    political agendas and to provide coverage favourable to their political and business sponsors.
    Concerns have been raised that individuals accused of corruption and money laundering are
    financing the media as part of their strategies to escape justice. Market and audience
    concentration and lack of transparency of media funding continue to remain issues of concern
    as regards media freedom in the country. Media owners’ practices to evade taxes have been
    denounced by media freedom organisations.
    In the context of intertwined economic and media interests, there are also reports of media
    outlets exerting pressure in exchange for positive coverage.
    Internet
    It is estimated that there are around 800 online media outlets operating across Albania, most
    34
    of them registered outside the country and a more limited number registered with the
    Electronic and Postal Communications Authority under the domain .al.
    The state generally refrains from filtering and blocking online content. However, media
    freedom organisations claim that there are no specific legal provisions to enforce and protect
    net neutrality. Albania is a signatory to the Declaration for the Future of the Internet of April
    2022.
    Digital media continue to be strongly influenced by political actors, businesses and by third
    parties in terms of funding and content.
    Large information technology platforms remain unregulated and unregistered in Albania,
    although they account for a big proportion of the online advertising market and are the main
    distribution platforms for news and video content. Advertising in online and social media
    during elections is still unregulated. Media freedom organisations have highlighted the lack
    of regulation to ensure transparency in online advertising during electoral campaigns.
    The national strategy for cybersecurity and its 2020-2025 action plan have been adopted. The
    strategy includes a chapter on the protection of children online as a priority for the country.
    Five key pillars in this chapter look at tackling specific areas of their protection online,
    including capacities for the investigation and prosecution of crimes against children
    committed over the internet, which remain a major problem.
    Freedom of artistic expression
    Freedom of artistic expression is broadly guaranteed.
    Professional organisations and working conditions
    Professional associations of journalists face serious hardships in terms of limited financial
    and human resources, and of the limited possibility to set up an effective cooperation with
    the government to promote the interests of independent media.
    Limited job security and poor working conditions pose serious risks of self-censorship and a
    reduced resistance to disinformation.
    The limited enjoyment of employment rights remains an issue of concern, especially in local
    and online media. Many media employees do not have employment contracts, while many
    journalists do not receive their salaries on time or are dismissed in breach of the provisions of
    the Labour Code. Some media outlets that have been fined by the tax authorities for
    underreporting the employees' wages have claimed to be targets of political intimidation. It is
    important that labour, tax and other legal obligations are respected systematically and without
    discrimination.
    Self-regulation needs to be further strengthened and supported. The Alliance for Ethical
    Journalism, a group that brings together stakeholders (including online ones) who pledge to
    comply with the Code of Ethics, has started to develop some activities in this area.
    ----------------------------------------------------------------------------------------------------------------
    Freedom of assembly and association is guaranteed by the constitution and continued to be
    generally respected.
    Labour and trade union rights are covered in Chapter 19 – Social policy and employment.
    On property rights, progress was made with the adoption of implementing legislation on the
    Law on cadastre and the Law on the finalisation of transitional ownership processes, but
    significant challenges remain. The state cadastre needs to put effective measures in place to
    35
    prevent corruption and, accordingly, to establish high standards of transparency and
    efficiency in the procedures, develop an efficient integrated land management system and
    proceed vigorously with the systematic digitalisation and diligent reconciliation of legal titles
    and cadastral maps. Albania has endorsed the Terezin Declaration in 2009 but does not have
    any restitution or compensation laws relating specifically to Holocaust era confiscations of
    private property. More efforts are needed to finalise the transitional ownership processes, the
    first registrations of properties and rightful compensation for properties illegally expropriated
    during the communist era. The legalisation, expropriation and demolition of constructions
    must strictly adhere to the legal framework in place, including the principle of transparency
    and due judicial process.
    In 270 cadastral zones, first registrations were not yet completed and progress was slow, with
    only 20 zones registered in 2022-2023. Meanwhile, in the registered cadastral zones, 80% of
    data is believed to be inaccurate. Ownerships are unclear and property boundaries overlap
    due to repeated and inconsistent interventions and faulty measurements over recent decades.
    Many title deeds and cadastral maps are still in paper format and many property transactions
    continue to be processed based on deeds and maps on worn-out paper with unclear data. In
    2022, the state cadastre began to systematically digitise title deeds and has digitised
    approximately 40% of them by April 2023. The systematic digitisation of maps is set to
    follow in 2023. However, systematic correction of data and measurements might only start in
    2024 or later, a process that will require significant investment and several years to be
    completed.
    Internal procedures for property registrations and transactions continued to fall short of the
    standards set by clarity and anti-bribery measures. In the work of the Anti-corruption
    Directorate-General, 85% of all public allegations of corruption received, 60% (160) of all
    administrative measures and 70% (50) of all employees who were the subject of criminal
    reports, were related to the state cadastre agency. In this respect, the state cadastre needs to
    urgently adopt a sound integrity plan and an institutional development strategy, and
    effectively integrate high standards of transparency and accountability in its internal
    procedures and IT systems.
    Compensation for properties confiscated by the communist regime continued to stall during
    2022. So far, only around 800 requests have been satisfied, while the agency for the treatment
    of properties (ATP) still has to process around 26 000 requests for compensation. In 2023, the
    government adopted decrees to extend the mandate of the ATP and clarify the calculation of
    compensation for properties whose type of use had changed, in particular those that changed
    from agricultural to construction land. The ATP should process all remaining requests
    without further delay.
    Numerous complaints continued to be raised about the actions of the government agencies
    responsible for expropriating properties in the public interest and demolishing illegal
    constructions, which is a cause for concern. Civil society organisations and other stakeholders
    highlighted that the government is applying the law selectively. The authorities should ensure
    that the principles of legality and transparency, the prohibition of the arbitrary use of
    executive power, and the right to a fair trial and the right to an effective remedy are duly
    respected in cases of the expropriation and removal of properties.
    Legislative amendments from 2018 established the joint registration of marital property.
    However, men still formally own most of the private land in the country. To strengthen
    women’s legal rights and interests, the legal notion of ‘agricultural family’ may need to be
    reviewed.
    36
    On non-discrimination, the implementation of the legal and policy framework needs to be
    further strengthened, including by providing specialised training to judges and prosecutors. In
    2022, the Commissioner for Protection from Discrimination (CPD) continued to handle a
    stable number of cases, mostly in the areas of employment and services. Laws on hate speech
    are in line with international standards. National policies are needed to guide the fight against
    the different forms of hatred and discrimination. Better enforcement and greater awareness-
    raising are needed to eliminate hate speech, particularly in rural and remote areas. In 2022,
    the CPD handled six cases of hate speech, including on the grounds of race, gender or sexual
    orientation, and found that hate speech had been used in two cases. In 2023, the CPD handled
    3 new cases, of which two are under review. On hate crime, some progress was made in
    increasing the capacities of law enforcement agencies to respond to this phenomenon.
    However, further awareness-raising and capacity-building among criminal justice officials
    about hate crimes is still needed. Moreover, the ODIHR’s recommendations on the collection
    of data and statistics on hate crimes have yet to be fully implemented. Six cases of hate crime
    were reported to the police.
    The 2021-2030 national strategy on gender equality and its action plan are more affirmative
    in addressing the rights of all women and men. It focuses on people who face intersecting
    forms of discrimination and vulnerability, young people and social reforms, and includes a
    section on humanitarian emergencies. However, implementation needs to be stepped up. The
    Gender Equality Mechanism lacks adequate financial and human resources, thereby
    hampering the implementation of the strategy. Further effort is needed to complete the
    collection of data envisaged by the strategy to allow adequate monitoring.
    The application of gender-responsive budgeting has continued to improve. In 2022, all
    standard budget instructions contained gender-responsive budgeting as part of the criteria for
    expenditure and for the first time a gender budget statement was officially attached to the
    draft budget. Overall, 9% of the 2023-2025 medium-term budget programme specifically
    supports gender equality outcomes. A total of 47 budget programmes of 11 ministries and
    two state institutions were gender-responsive. At local level, 12% of public finances are
    gender-responsive. Parliament has increased its engagement in promoting gender-responsive
    budgeting and in promoting gender equality more broadly. However, it does not have a
    functioning sub-committee on gender equality, and the regulatory impact assessment is not
    carried out regularly, nor does it have a specific provision on gender equality. The standard
    EU ex ante gender impact assessment tool has been adapted to the Albanian context, with a
    specific focus on mainstreaming gender equality goals into policies related to the EU internal
    market.
    Eighteen municipalities signed the European charter for equality of women and men in local
    life, and five municipalities (Elbasan, Tirana, Durres, Gjirokastra and Gramsh) have
    developed and approved local gender action plans. The plans are instrumental for the
    implementation of the European charter, as well as the national strategy for gender equality.
    Since January 2022, the Albanian government has implemented a range of measures aimed at
    supporting families, women and girls, and vulnerable groups, as a response to the global
    crisis caused by the COVID-19 pandemic and Russia’s war of aggression against Ukraine.
    In January-June 2022, 916 victims of domestic violence provided with a protection order
    have benefited from economic assistance, which has tripled from ALL 3 000 to ALL 9 000.
    Provisions on referral mechanisms between different levels of care, training for healthcare
    providers, youth friendly services, and outreach to vulnerable groups have not been addressed
    in the Law on reproductive health. The Ministry of Health and Social Protection has made
    37
    efforts to monitor and provide training to health personnel on identifying and addressing the
    issue of gender-biased sex-selective abortion, but efforts should continue to ensure
    monitoring of the practice. Women living in rural and remote areas, Roma and Egyptian
    women and LGBTIQ individuals face limited access to primary health care, and to sexual and
    reproductive healthcare services.
    On gender-based violence, the national legal framework needs to be further harmonised with
    the provisions of the International Labour Organization Convention on Violence and
    Harassment in the World of Work (Convention No. 190), ratified in February 2022. The
    current legal framework is not fully aligned with international standards, including the
    Istanbul Convention, and lacks focus on the reintegration of, and access to services for,
    victims and survivors of violence.
    In 2022, the police identified and treated 5 210 cases of violence and other crimes committed
    within domestic relationships, a 1.9% decrease from 2021. In total, 72% (3 767) of all victims
    were women and girls. 2 940 cases of domestic violence were handled with a request for a
    protection order. According to Article 130/a Domestic violence, criminal proceedings were
    initiated for 1 887 cases and 682 perpetrators were arrested. In 2022, 36 cases of women
    victims of sexual violence were treated in the Lilium centre, which is fully funded from the
    state budget. Currently, there are local referral mechanisms for reporting gender-based
    violence in all 61 municipalities of the country. However, these mechanisms and the
    rehabilitation and reintegration programmes for vulnerable women need to be reinforced.
    Social services continue to be donor-driven and often delivered by civil society organisations
    active in the field. A dedicated state budget and other resources are still needed.
    The legal and policy framework on the rights of the child increasingly reflects international
    standards and EU requirements. Coordination mechanisms need to be significantly improved
    to ensure full implementation of the legal framework in the areas of child trafficking,
    cybercrime, child marriage, child sexual abuse and the right to healthcare and education. The
    ratification of the Optional Protocol to the Convention on the Rights of Persons with
    Disabilities should be beneficial to this end. The 2021-2026 national agenda on the rights of
    the child (NARC) set out the strategic framework, in line with the national and international
    commitments in this area. Elimination of all forms of violence and child protection, including
    online is one of the four strategic goals of the national agenda. The systematic collection of
    reliable and comparable data disaggregated by age and sex is essential for evidence-based
    policy-making and for effective protection of children.
    The persistence of child marriage, driven by gender inequality, poverty and social exclusion,
    remains a matter of concern. The lack of official data means it is not possible to provide an
    accurate picture of the phenomenon, while the laws to protect minors from child marriage are
    generally ineffective or applied inconsistently. However, since 2021 the government has
    prioritised addressing child marriage in its budgeted national policy framework, and the
    2021-2026 national agenda on the rights of the child contains objectives and measures to
    combat this practice.
    The 2021-2023 national de-institutionalisation plan included an economic reform programme
    with a financial package to develop alternative childcare services and to close social care
    institutions. However, family and alternative care laws are often inadequately implemented
    and are not fully enforced. Additional efforts are needed to further implement and tackle all
    violations of children’s rights.
    Violence and sexual violence, including online, remains an area of concern. In 2022, Child
    Protection Units managed 2 496 cases of children in need of protection (mainly cases of
    38
    children at risk or victims of violence, abuse, neglect or exploitation). The number of child
    protection workers (241 in all 61 municipalities) remains far below the total number needed.
    Two centres with emergency services for child victims of sexual abuse and other forms of
    violence have been set up and are operational in Fier and Shkodra. A comprehensive legal
    framework on the status and responsibilities of social workers needs to be adopted. Further
    efforts are needed to ensure an adequate and systematic response to all types of violence
    against children. Albania lacks legislation criminalising travel companies that facilitate
    opportunities to engage in the sexual exploitation of children. As a member of the Lanzarote
    Committee, Albania needs to provide cross sector training to professionals for the provision
    of integrated services for children victims of sexual abuse and other serious forms of
    violence. The full inclusion of unaccompanied or separated foreign minors in the national
    child protection system is needed. Child labour prohibition needs to be effectively
    implementing, and working conditions of young people need continuous monitoring.
    Since December 2022, a new support programme is being implemented for unemployed
    women with three or more children. Through this programme, the state budget covers social
    and health insurance payments based on the minimum wage. Around 7 500 women benefit
    from this programme.
    The 2022-2026 justice for children strategy enlarges the from criminal justice to equitable
    access to justice for all children and in all areas of law, seeking to consolidate child-friendly
    justice. Its full implementation would require more resources, investment, coordination and
    accountability. The coordination and implementation of the strategy requires a dedicated
    service within the Ministry of Justice.
    For children in conflict with the law, pre-trial detention remains the main reason for
    deprivation of liberty (74% of cases). With the reduced number of magistrates, pre-trial
    detention is unduly prolonged, negatively impacting the detained children and their prospects
    for rehabilitation and reintegration into the community. Albania should consider developing
    community-based programmes for children in conflict with the law instead of the planned
    large facility.
    The Albanian state police has created units in 16 police departments or stations where trained
    police personnel conduct child-friendly interviews. The proper maintenance and
    uninterrupted functioning of these facilities require an adequate budget from the state police.
    Some progress was made on the rights of persons with disabilities. The reform of the
    biopsychosocial assessment is now implemented country-wide, with respective referral
    mechanisms yet to be put in place. Albania’s framework legislation on the rights of persons
    with disabilities remains only partially in compliance with the UN Convention on the Rights
    of Persons with Disabilities and gaps must be addressed. Albania needs to ratify the Optional
    Protocol to the Convention. More robust efforts are needed to address discrimination against
    persons with disabilities, to improve overall accessibility, promote employment and collect
    statistical data. De-institutionalisation actions are taking place, but need to be further taken
    forward at a sufficient pace. The quality of education for children with disabilities, especially
    children with a hearing impairment, continued to cause concern. Numbers of assistant
    teachers in the pre-university education system continued to increase in 2022. However there
    is need to be further increased to ensure sufficient support in all schools, especially in rural
    and remote areas. Additional efforts are needed to provide training on inclusive education
    approaches for all teachers and on the early detection of disability.
    Discrimination against lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ)
    persons is still very prevalent in Albanian society, especially as regards access to healthcare,
    39
    education, justice, employment and housing. Members of the LGBTIQ community continue
    to experience physical aggression and hate speech, particularly on social media. Albania does
    not have legislation recognising civil cohabitation or same-sex marriage. In 2022, police
    officers received training on investigating hate crimes against LGBTIQ persons. The shelter
    for homeless LGBTIQ persons continued to provide care, support and advocacy, but state
    funding remains insufficient, which creates uncertainty for the continued provision of
    services. The 12th
    Tirana Pride took place peacefully on 20 May 2023. However, public
    awareness and acceptance of LGBTIQ persons remain low, particularly in rural areas. Hate
    speech and discriminatory language in the media, especially online, criminal offences and
    discrimination against members of the trans community persist and need to be addressed. In
    2022, the CPD handled one case of hate speech against the LGBTIQ community. In 2023,
    two new cases of hate speech were registered and are being processed. According to civil
    society organisations’ data based on a survey, around 40% of people in the LBGTIQ
    community reported incidents of discrimination, of which only 20% were reported to the
    police. Of the total number of referred cases, only 15% were resolved.
    On procedural rights, the legal framework for free legal aid is complete and primary and
    secondary legal aid are delivered at central and local level. The number of people that have
    benefited from free legal aid has increased considerably since the approval of the 2017 law.
    Despite the legal framework on free legal aid and institutional set up, few children benefit
    from legal aid compared with the number of children involved in criminal law, family and
    civil law and administrative law cases. The budget allocated for legal aid in 2022 amounted
    to around EUR 800 000, markedly higher than in 2021. The budget spent in 2022 is estimated
    at EUR 400 000 (up from EUR 245 739 in 2021). However, the dedicated state budget should
    be further increased to make the legal clinics fully operational. The staffing of the free legal
    aid directorate is complete, and ten centres are in operation across the country. It remains
    important to improve the collection, analysis and reporting of statistical data on free legal aid.
    Limited progress was made on other procedural rights. There was no progress on addressing
    remaining issues concerning the procedural rights of suspects and accused persons. On the
    right to information in criminal proceedings, the refusal or failure to grant access to a case
    file should be subject to judicial review, with effective remedies. On access to a lawyer,
    adequate facilities for confidential client-lawyer consultations need to be provided by courts,
    prosecutors’ offices and the police. On the presumption of innocence, there should be a clear
    legal prohibition and available redress, against public authorities making public references to
    guilt in public statements and in judicial decisions, other than those on guilt. Moreover,
    redress should be ensured in the event of a breach of such prohibition.
    No progress was made during the reporting period on the adoption of the three remaining
    pieces of implementing legislation related to the 2017 framework Law on the protection of
    national minorities. The implementing legislation on the crucial issues of free self-
    identification of national minorities and the use of languages has yet to be adopted in line
    with European standards and should be open to wide public consultation. Overall, Albania
    needs to ensure effective implementation of the legal framework on the rights of persons
    belonging to minorities. The capacities of the State Committee on National Minorities needs
    to be strengthened. The national population and housing census began on 18 September 2023.
    It is important for Albania to carry out the national census in a smooth and transparent
    manner and in line with international standards.
    Limited progress was made on the social inclusion of the Roma and Egyptian minorities.
    Monitoring data and reporting on the implementation of the national action plan for equality,
    inclusion and participation of Roma and Egyptians in Albania (2021-2025) are not yet
    40
    available. The institutional capacity of the Ministry for Health and Social Protection, which
    coordinates Roma-related policies, remains weak. The staffing of the social inclusion
    department needs to be strengthened. Participation of Roma and Egyptians in the local
    administration needs to be improved, and inter-ministerial, national and local coordination on
    Roma inclusion should be further strengthened. Roma and Egyptian children continue to
    benefit from scholarships and part-time education programmes, as well as free textbooks and
    transportation to remote schools. However, segregation in schools remains an issue that
    should be systematically addressed. The overall employment rate of Roma and Egyptians
    remains very low. Roma and Egyptians continue to benefit from a 5% quota through
    implementation of the law on social housing. The housing situation remains a significant
    challenge due to often poor living conditions and a lack of property title deeds. Access to
    personal documents has improved for both communities. However, other barriers such as the
    lack of digital skills and access to technology continue to prevent Roma and Egyptian people
    from fully enjoying their rights and accessing public services, which are increasingly digital.
    Additional efforts and resources are required to accelerate the inclusion of Roma and
    Egyptians, tackle anti-gypsyism, discrimination and educational and physical segregation, to
    promote participation of Roma, and to reduce the gaps with the rest of the population.
    On citizenship rights, there were no new developments in the reporting period. The two
    programmes adopted in 2022 by the Council of Ministers for acquiring Albanian citizenship
    on the basis of special merit in the fields of arts, culture, education, science and sports,
    without requiring applicants to have a prior residency in Albania to be eligible, remain in
    force. The 2020 Law on citizenship provides a legal basis for the creation of an investors’
    citizenship scheme (‘golden passports’). In July 2022, the Council of Ministers adopted a
    decision allowing the Ministry of the Interior to launch a tender for a public-private
    partnership that would serve to roll out an investors’ citizenship scheme. In March 2023, the
    government announced the suspension of initiatives related to the establishment of the
    investors’ citizenship scheme. As a candidate country, and in line with the Commission’s
    recommendation on this matter in its sixth report under the visa suspension mechanism2
    ,
    Albania should refrain from developing such a scheme which would pose risks as regards
    security, money laundering, tax evasion, terrorist financing, corruption and infiltration by
    organised crime, and would be incompatible with the EU acquis.
    2.2.2. Chapter 24: Justice, freedom and security
    The EU has common rules for border control, visas, residence and work permits, external
    migration and asylum. Schengen cooperation entails lifting border controls inside the EU.
    Member States also cooperate with Albania in the fight against organised crime, corruption
    and terrorism, and on judicial, police and custom matters all with the support of the EU
    Justice and Home Affairs agencies.
    Albania is in between some and moderate level of preparation to align with the EU
    acquis in the area of Justice, freedom and security. Some progress was made overall. The
    Specialised Structures against Organised Crime and Corruption (SPAK) are building an
    initial track-record of law enforcement cases, however efforts need to be intensified. SPAK
    continued to achieve a good level of cooperation with EU and member state law
    enforcement agencies.
    The track record on money-laundering and high-level corruption cases remains insufficient,
    and financial investigations need to be further developed. However, there was progress in the
    implementation of the recommendations of Moneyval and of the Financial Action Task
    2
    COM(2023) 730 final.
    41
    Force (FATF), as in June 2023 FATF decided to do an on-site visit, which took place in
    August and led to Albania's delisting in October. Nevertheless, Albania should ensure that
    any future VTC law (including potential criminal amnesties) complies with the EU acquis
    and international standards. Albania continued to show commitment to counter the illicit
    production and trafficking of cannabis. In view of the law adopted on controlling the
    cultivation and processing of cannabis and the manufacturing of its by products for medical
    and industrial purposes, Albania should ensure that mechanisms are in place to effectively
    prevent cannabis from being diverted to unintended purposes.
    Albania has continued its positive engagement with the EU justice and home affairs agencies
    Albania has contributed to the management of the mixed migration flows towards the EU by
    cooperating to implement the EU Action Plan on the Western Balkans. It concluded a
    revised Frontex Status Agreement in September. Referrals and access to asylum procedures
    remain to be addressed and there are still shortcomings in the return procedures. The number
    of asylum applications lodged by Albanian nationals in EU Member States and Schengen-
    associated countries remains below the pre-pandemic level, but further increased in 2022.
    Addressing this phenomenon still requires continuous efforts. As to immigration from third
    countries, Albania should take concrete steps to address the needs of unaccompanied minors.
    Albania’s visa policy should be further aligned with that of the EU.
    The recommendations for 2022 have only been partially addressed. In the coming year,
    Albania should in particular:
    → continue developing the systematic use of parallel financial investigations when dealing
    with organised crime, illicit trafficking, terrorism and money laundering;
    → ensure that any voluntary tax and compliance legislation (including amnesties) is in
    alignment with the relevant EU acquis and international standards set by Moneyval and
    the Financial Action Task Force (FATF);
    → implement the asylum law effectively and improve referrals and access to the asylum
    procedure; address shortcomings in the return procedures; resume the regular and timely
    provision of data on migration flows and asylum; continue to address the issue of
    unfounded asylum applications; and further align its visa policy with that of the EU.
    Fight against organised crime
    The country has some level of preparation in aligning with the EU acquis in this area. Some
    progress was made in meeting last year’s recommendations. Albania continues to have a
    good level of cooperation with EU Members States, Europol and Eurojust, and participated in
    a number of international law enforcement operations. Some progress was made on the
    seizure and confiscation of assets linked to organised crime, which must continue in the
    future. Continued efforts are also needed to ensure more prosecutions and final convictions,
    especially at a high-level, and to set up the asset recovery office. More results are still needed
    in countering cybercrime, money laundering, and preventing and combating trafficking in
    human beings. All forms of child sexual abuse online should be criminalised and prosecuted.
    Last year’s recommendations remain valid, therefore in the coming year Albania should in
    particular:
    → strengthen the fight against organised crime, including through continued cooperation
    with EU Member States and EU agencies (including Europol and Eurojust), expanding
    access to Europol’s Secure Information Exchange Network Application (SIENA) to all
    relevant law enforcement agencies;
    42
    → set up without delay an asset recovery office, in alignment with the EU acquis, that will
    be responsible for identifying and tracing criminal assets, as foreseen by national
    legislation;
    → ensure that the Special Prosecution Office and National Bureau of Investigation make
    efficient use of the databases to which they now have access and improve their criminal
    analysis and intelligence capability.
    Institutional set-up and legal alignment
    The Albanian State Police (ASP) has a total of 11 932 officers, equivalent to 260 officers per
    100 000 inhabitants, compared with an EU average of 335.3 per 100 000 inhabitants
    (Eurostat, 2019-2021). The Ministry of the Interior approved the organisational and structural
    reform of the Albanian State Police at central and local levels in April 2023 and its
    implementation began in May 2023. In the context of the reform, ASP committed to
    addressing the high turnover of its staff. After the transfer of responsibility for money
    laundering, terrorism financing, financial crimes and property investigations from the former
    Serious Crime Prosecution Offices to the District Prosecution Offices, prosecutors and
    judicial police officers need more training. Albania should provide the relevant institutions
    with adequate human resources, including external expertise, and with access to relevant
    databases and criminal intelligence systems to ensure efficiency in the fight against organised
    crime.
    The Specialised Anti-corruption and Organised Crime Structures (SPAK) employs 17
    prosecutors, out of the 20 approved by the High Prosecutorial Council. One prosecutor was
    temporarily transferred to SPAK from the General Prosecutor’s Office in March 2023 for the
    period of one year. A total of 74 administrative positions have been filled and 17 are vacant.
    The work of the financial investigation unit in the SPO started after the recruitment of 12
    investigators in April and May 2023, while the recruitment of another 4 investigators is
    ongoing. The 60 investigators of the National Bureau of Investigation (NBI) and several
    special prosecutors attended trainings on different topics with assistance from international
    actors (mainly the EU and USA). The number of databases to which the SPO and NBI have
    direct access has increased and now include the Civil Status System, the ASHK (database of
    the State Cadastre Agency), the database of the Prisons Directorate, the Banking Accounts
    Register, the SEMD (the Ministry of Justice’s electronic system to check the legal status of
    citizens), the database of the Directorate-General for Road Transport (DPSHTRR), the
    Albanian notary register, the beneficiary property register, and the state police systems
    ADAM, E-Fine, Reports-Statistics and the total Information Management System (TIMS).
    However, a solution is still needed to enable simultaneous access to all databases. The
    recruitment of officers of the Judicial Police Services to the NBI should be preceded by the
    clarification of their functional roles and selection criteria, in line with the SPAK Law.
    The strategic framework consists of the 2021-2025 strategy against organised and serious
    crimes for. In February 2023, the action plan for 2023-2025 was adopted. Iterative annual
    action plans of the Albanian State Police on preventing and suppressing the criminal activity
    of cultivating narcotic plants have been adopted, the last of which in 2023. There is also a
    cross-cutting anti-corruption strategy for 2015-2023 and its action plan for 2020-2023. A
    2021-2023 action plan on the fight against trafficking in human beings was adopted in
    November 2021. A strategy for controlling small arms, light weapons, ammunition and
    explosives and a 2022-2024 action plan to implement it are in place.
    The legal framework was further aligned with the EU acquis, especially in the field of anti-
    money laundering. In its 4th
    enhanced report on Albania, released in June 2023, Moneyval
    43
    concluded that Albania has improved its measures to tackle money laundering and terrorist
    financing, strengthened the transparency of its legal arrangements and improved the
    regulation and supervision of non-financial institutions. However, Albania remained on the
    FATF list of jurisdictions under increased monitoring despite the FATF’s assessment that the
    country has substantially completed its 2020-2023 action plan. This was due to FATF
    concerns linked to Albania’s plans for the adoption and implementation of a voluntary tax
    compliance law, including a criminal amnesty. In June 2023 FATF decided to propose an on-
    site visit, which took place in August and led to Albania’s delisting in October. Nevertheless,
    Albania should ensure that any future VTC law (including potential criminal amnesties)
    complies with the EU acquis and international standards’. (see also Chapter 4 – Free
    Movement of Capital and Chapter 16 – Taxation).
    On the beneficial ownership (BO) register, which entered into force in 2021, sanctions are in
    place since July 2022 for subjects who fail to comply with BO registration obligations. The
    further application of administrative sanctions against relevant entities for violations of the
    transparency obligations needs to be monitored. The central register of bank accounts, which
    became operational at the end of July 2021, has allowed for faster investigations.
    Albania made limited progress in aligning its firearms and explosives legislation with the EU
    acquis. It adopted several pieces of legislation to implement the previously amended law on
    weapons and transformed the firearms focal point from a virtual unit into a section within the
    criminal police department. Albania should further align its legislative framework, including
    as regards explosives precursors Increased efforts are needed on awareness raising, outreach
    and education on the dangers and risks related to the misuse, illicit possession, and trafficking
    of firearms/SALW as well as on reduction of illicit firearms through legalisation, voluntary
    surrender and deactivation. Progress is necessary in establishing the required infrastructure
    for the latter purpose.
    While Albania has a comprehensive legal framework for confiscating criminal proceeds, an
    asset recovery office has not yet been created, as required by the Law on the administration
    of seized and confiscated assets from 2019, and is now long overdue.
    In the fight against organised crime and money laundering, Albania needs to step up the
    implementation of the anti-mafia law on the preventive seizure and confiscation of assets –
    including non-conviction based confiscation and third-party confiscation – to freeze assets
    related to criminal activities and promote their social reuse. Albania should also allow
    ‘suspicious transactions reports’ to be presented as evidence in court.
    Albania is party to the Budapest Convention on Cybercrime and in February 2023 signed the
    Second Additional Protocol to the Convention on enhanced co-operation and disclosure of
    electronic evidence. Based on the 2020-2025 national cybersecurity strategy, new legal and
    sub-legal acts on cybercrime have yet to be adopted. In July 2022, Albania was victim to a
    large-scale cyberattack, which led to the temporary disruption of most online public services
    (see also Chapter 31 – Foreign Security and Defence Policy and Chapter 10 – Information
    Society and Media).
    Legislative amendments to criminalise all forms of online child sexual abuse have yet to be
    adopted.
    Implementation and enforcement capacity
    Albania pursued its efforts to improve its track record on fighting organised crime. In 2022,
    54 new cases were referred to the prosecution service (up from 41 in 2021). Of these, 18
    indictments for a structured criminal group were closed in 2022. A total of 98 people received
    44
    final convictions at appeal level (compared with 75 people in 2021).
    In 2022, the SPO increased the number of ex officio investigations to 28 (from 18 in 2021),
    out of 257 new criminal proceedings – with 79 of these for organised crime. SPAK
    participated in 142 criminal cases involving 626 accused persons, compared with 128
    criminal cases and 418 accused persons in 2021. In 2022, there were 55 final court judgments
    were passed down and 207 defendants convicted. Of these, 18 became final at the first-
    instance Special Court and 37 at the Special Court of Appeal. At appeal level, 15 criminal
    cases involved 47 defendants accused of organised crime, and 22 criminal cases involved 80
    defendants accused of corruption and other criminal offences.
    There was a fall in serious crime in 2022 with 3 816 new cases referred to both SPAK and the
    general prosecutors (compared with 3 913 new cases in 2021), with an increase in referrals
    for money laundering (503 referrals in 2022 against 423 in 2021), organised crime offences
    (13 referrals more than in 2021) and cybercrime cases (65% increase in 2022). New referrals
    for trafficking of arms and terrorism remained at similar levels in 2022, while referrals for
    drug trafficking dropped to 2 876, compared with 3 078 in 2021. For serious crimes, 820
    cases resulted in indictments in 2022, compared to 791 in 2021. In 2022, there were 560
    people with final convictions for serious crimes compared with 375 in 2021. The use of
    special investigative techniques and proactive investigations should be stepped up.
    On international police cooperation, Albania deployed a second liaison officer to Europol
    in February 2023. In 2022, there was an increased number of police operations carried out in
    cooperation with international partners: 90 of them were in the field of narcotics (up from 78
    in 2021) and 19 in the field of illicit trafficking (up from 14).
    In 2022, 16 joint investigation teams (JITs) were operating. Eight JITs started in 2021 and
    eight in 2022. Most of the JITs (11) are in the field of narcotics.
    There was a 16.9% increase in messages shared by the Albanian State Police with
    international partners on the Secure Information Exchange Network Application (SIENA),
    from 5 686 in 2021 to 6 645 messages in 2022. Between January and August 2023, the
    number of SIENA messages exchanged increased by 39.1% compared with the same period
    in 2022. An agreement was signed in January 2021 between the Albanian State Police and the
    customs authorities to allow access to SIENA. However, these connections have still not been
    made operational. This should be tackled as matter of urgency by the stakeholders involved.
    The Directorate-General for Taxation and the Financial Intelligence Unit have not taken the
    necessary steps to obtain access to SIENA. Access to SIENA is essential to allow the timely
    sharing of sensitive information with counterparts in EU countries.
    Albania continued to cooperate with EU police services through the European Network of
    Fugitive Active Search Teams (ENFAST), in which it has observer status.
    Albania is one of the most active third countries participating in the European
    Multidisciplinary Platform against Criminal Threats (EMPACT). In 2022, Albania
    participated in 119 operational actions and was action leader in two of them, the Operational
    Action Plans (OAPs) on Organised Property Crime and Cyberattacks. Albania was co-leader
    of another two actions in the OAP on criminal finances: money laundering and asset
    recovery. In 2023, Albania further stepped up its participation in EMPACT and is
    participating in 128 operational actions, while remaining the leader of two operational actions
    (in the OAP on Organised Property Crime and in the OAP on Cyberattacks) and a co-leader
    of two Operational Actions (in the OAP on Migrant Smuggling and in the OAP on Criminal
    finances, money laundering and asset recovery).
    45
    Albania continued to actively participate in EMPACT Joint Action Days promoting
    cooperation against firearms trafficking, the smuggling of migrants and drug trafficking,
    motor vehicle crime, and trafficking in human beings and document fraud.
    The cooperation with Interpol has continued to yield positive results, even though the number
    of messages received through Interpol’s I-24/7 global police communication channel fell by
    9.3% in 2022. Cooperation between the Albanian Security Academy and the EU Agency for
    Law Enforcement Training (CEPOL) is well established and based on a working
    arrangement. However, the revision of the Working Arrangement has been pending for more
    than two years and no new National Contact Point has been appointed. Albania continues to
    benefit from full access to the CEPOL Exchange Programme and to participate in the
    CEPOL-led Partnership against Crime and Terrorism project in the Western Balkans.
    Authorities should, with the assistance of CEPOL design, prepare and organise targeted
    training on counter terrorism and environmental crime.
    On domestic operational capacity, legal and institutional reforms have strengthened the
    capacities of the ASP’s Operational Directorate. During 2022, special investigative measures
    were used in 496 cases involving drug trafficking investigations. Albania should continue to
    use and develop special investigative techniques and proactive investigations.
    With EU assistance, in January 2023 the Security Academy was accredited for the very first
    time as an institution of higher education, for a period of 5 years. A few recommendations
    will need to be addressed before the accreditation is renewed.
    Law enforcement authorities need to be more proactive and systematic in addressing
    organised crime, especially when investigating large criminal networks. Special units within
    the police and the prosecution service have access to 40 national registers, but they still lack
    direct access to the electronic register of mobile phone subscribers and to IP addresses from
    internet service providers.
    Financial investigations do not systematically accompany criminal proceedings from the
    beginning, and their effectiveness remains limited. The financial investigation techniques of
    the police and prosecutors still need improvement. Seizures of assets declined in 2022.
    Albania reported about EUR 46 million worth of seized assets (compared with EUR 50
    million in 2021). The confiscation of assets increased in 2022 to EUR 5.8 million in value,
    compared with EUR 150 000 in 2021.
    There is no strategic or systematic approach to identifying and confiscating criminal assets
    that are located abroad or that are not reachable. Albania should implement rules on the
    extended confiscation and precautionary freezing of assets, to effectively handle them and to
    prevent any loss of their economic value.
    Albania remains a country of origin, transit and destination of trafficking in human beings.
    Albanian women and children are subject to trafficking mostly for sexual exploitation to
    neighbouring countries and EU Member States, while the second and third purposes for
    trafficking are forced labour and criminal exploitation. The number of perpetrators of
    Albanian nationality registered in the EU remained high in 2021, with Albanian nationals
    being in the top-10 non-EU countries of origin of suspects (4th
    ) prosecuted (9th
    ) and convicted
    (7th
    ) persons. Children placed in institutions and children from the Roma and Egyptian
    communities are particularly vulnerable to trafficking. The Prosecution Office registered 11
    new criminal proceedings for trafficking in human beings in 2022, compared with 10 in 2021.
    The number of final convictions remained very low with seven final convictions from two
    cases. The national referral mechanism for (potential) victims of trafficking remained
    functional. Assistance was provided in all cases. In 2022, 112 victims or potential victims
    46
    were identified and assisted, compared with 159 in 2021. The identification of potential
    victims remains inadequate within Albanian territory and among vulnerable migrants entering
    the country and those accommodated in reception centres. Implementation of the 2021-2023
    national action plan on the fight against human trafficking should be supported by adequate
    funding and better coordination. NGO-run shelters remain underfunded. Investigations and
    prosecutions are not conducted consistently with a focus on the victim. A gender-responsive
    approach to access to justice for victims should be promoted. Anti-trafficking efforts should
    increase, in particular by strengthening the capacity of border police to identify and refer to
    the prosecution service cases of trafficking and by strengthening the child protection system.
    Successful reintegration remains difficult because the state’s core protection, care and social
    services are insufficient.
    Prevention efforts, especially on strategic communication, should be stepped up. Dedicated
    awareness-raising campaigns should be developed to target communities at risk of trafficking
    in human beings and high-risk sectors and environments. The 116 006 hotline for victims of
    crime, including trafficking, should be made functional. The improved legislative framework
    for victims, including amendments to the Criminal Procedural Code, is yet to be
    implemented. Police, prosecutors and judges should receive dedicated training, especially on
    the rights of victims.
    On trafficking in firearms, large numbers of firearms are available in Albania. These are
    used by Albanian criminal groups and trafficked, primarily to neighbouring countries.
    Albania is both a destination and a transit country for light firearms. There were 27 new
    criminal cases registered at the Prosecutor’s Office in 2022, a similar level to 2020, and 26
    people received final convictions in 2022, compared with 20 in 2021. The exchange of
    information between different national stakeholders (law enforcement agencies, the
    prosecution service and judicial system) is still poor, which clearly jeopardizes the reception
    of complete data from the police and the prosecution service.
    Cases of cybercrime and internet fraud increased in 2022, with 121 cases referred to the
    Prosecutor’s Office (compared with 79 in 2021) and with 3 people receiving final
    convictions. Albania should provide a more effective law enforcement response that focuses
    on the detection, traceability and prosecution of cybercriminals. Albania should raise
    encourage prosecutors to make greater use of the 24/7 network of contact points set up by the
    Council of Europe Convention on Cybercrime. The ASP’s cybercrime unit has a central
    forensic laboratory but should increase its capacity to deal with such cases. The capacities for
    investigating and prosecuting crimes against children committed through the internet need to
    be strengthened.
    Albania’s economy has a large informal sector and transactions are primarily cash-based
    although the number of electronic transactions has increased substantially in recent years.
    Crimes that generate large amounts of money include drug trafficking, tax evasion,
    smuggling and trafficking in human beings. On money laundering, both the centralised bank
    account register and the beneficial ownership (BO) register are in place. The beneficial
    ownership register is now almost fully populated, comprising 99% of businesses and 94% of
    NGOs by April 2023 (see also Chapter 4). Since July 2022, sanctions are in place for
    subjects who fail to comply with BO registration obligations, and 317 fines were issued
    during the reporting period. Albania should monitor the further application of administrative
    sanctions for violations of the transparency obligations by entities that must register. A
    dedicated electronic register (PRESTO), which the General Prosecution Office introduced in
    July 2021 to ensure that all money laundering cases are tracked, is in full use. Albania also
    needs to align its legislation with the acquis on combatting money laundering by criminal
    47
    law.
    In 2022, 503 cases of money laundering were referred to prosecutors, against 423 in 2021.
    The number of people with final convictions for money laundering rose from only one in
    2021 to nine in 2022.
    The ASP’s witness protection programme has worked satisfactorily. In 2022, 23 witness
    protection operations were performed, one less than in 2021.
    Cooperation in the field of drugs
    Institutional set-up and legal alignment
    The Ministry of the Interior and the Ministry of Health and Social Protection/Institute of
    Public Health are the lead bodies in the fight against drug trafficking and drug abuse,
    respectively. Albania still does not have a dedicated national drugs strategy. Several security
    aspects are covered by the 2021-2025 national strategy against organised crime and serious
    crime and its successive action plans. Under the strategy against organised crime, the ASP
    adopts annual action plans on preventing and cracking down on criminal activity in the
    cultivation of narcotic plants, the most recent of which was adopted in February 2023. More
    efforts need to be made in the area of drugs policy, notably by adopting a national drug
    strategy covering the supply and demand and harm reduction aspects and by fully aligning
    legislation with the EU acquis and international practices.
    The activity of the working group established in May 2022 to review the legislation on
    narcotic drugs and psychotropic substances should be stepped up, in reaction to the changes
    made to the psychotropic substances lists by the International Narcotics Control Board.
    The establishment of a National Drugs Observatory (NDO) is still pending. Albania should
    set up an operational observatory with the necessary human and financial resources, which is
    crucial for implementing a comprehensive data collection system on drugs, coordinating a
    drug information system, and for associating Albania to the EU’s Reitox network.
    Although there is a national early warning system (NEWS) coordinator, who has been
    appointed by the Ministry of the Interior, and Albanian experts have undergone training
    courses, there is still no operational NEWS on the detection of new psychoactive substances.
    The NEWS should be made operational without delay.
    Albania adopted a law on controlling the cultivation and processing of the cannabis plant and
    the production of its by-products for medical and industrial purposes in August 2023. Albania
    should continue to consult the EU on the envisaged implementing legislation and ensure that
    mechanisms are in place to effectively prevent cannabis from being diverted to unintended
    use.
    Implementation and enforcement capacity
    Albanian criminal groups continue to play a prominent role in the global traffic of drugs, in
    particular the trafficking of cocaine from Latin and South America to Europe. During the
    reporting period, international police operations, often with the active involvement of the
    Albanian State Police, have led to the dismantling of some of these groups.
    In a joint operation in January 2023 between Eurojust, Europol, Italian and Albanian
    authorities, targeting a large-scale drug trafficking network responsible for trafficking
    cocaine, cannabis and heroine from Albania to Italy, 30 suspects were arrested across 31
    locations. In April 2023, Spanish authorities dismantled an Albanian criminal group that
    trafficked cocaine from Latin America across Europe. 17 people belonging to that
    organisation were arrested in raids across Spain. Since the start of the operation in September
    48
    2021, nearly ten tonnes of cocaine seized in Italy, Belgium, Greece, Portugal, the Netherlands
    and Spain have been connected to that group.
    Albania’s law enforcement authorities have maintained a good level of cooperation with their
    counterparts in EU Member States in tackling the trafficking of narcotics. During 2022, 271
    police operations in the field of narcotics took place, out of which 90 were conducted in
    cooperation with Albania’s international partners. Albania continues to implement the
    working arrangement with the European Monitoring Centre for Drugs and Drug Addiction
    (EMCDDA), but stronger efforts are needed, including through better inter-institutional
    coordination, in increasing its reporting capacity on drug-related issues in line with
    EMCDDA guidelines/protocols and in allocating sufficient resources for this task.
    Drug trafficking is the most common form of serious criminal offence in Albania, even if the
    number of identified cases has slightly decreased. In 2022, the police identified 2 956
    offences related to the cultivation, production, sale and trafficking of narcotics compared with
    3 168 in 2021, involving 3 690 alleged offenders (3 927 in 2021). Production and sale are by
    far the most common offences related to drugs (77% of all cases). Between January and
    August 2023, the number of detections of criminal offences related to drugs increased by
    10.9% over the same period in 2022.
    Albania should drastically increase its capacity to collect, store and report data for all drug-
    related indicators and in line with EU standards, and should increase the capacities of the law
    enforcement authorities with regards to drugs.
    Albania remains the only country in the region that allows monitoring by another country:
    since 2013, Italy’s Ministry of Economy and Finance Enforcement Agency (Guardia di
    Finanza) has carried out aerial surveys to detect cannabis plantations in Albania. In 2022, 63
    flight missions were operated by the agency, surveying 1 106 744.8 hectares, allowing 41 000
    plants to be found and destroyed. This represents a decrease of around 55% compared with
    2021, but is still higher than in 2017-2019. In addition, the ASP continued monitoring by
    drones. The quantity of cannabis seized in Albania increased slightly from 3.6 tonnes in 2021
    to 3.76 tonnes in 2022.
    The amount of cocaine seized declined from 725 kg in 2021 to 578 kg in 2022, which
    remains a very significant amount. Hashish and heroin seized have declined drastically from
    208 kg in 2021 to only 37 g in 2022 for hashish and from 81 kg in 2021 to 7 kg in 2022 for
    heroin. At the same time, there was a large increase in the amount of MDMA seized, from
    7 g in 2021 to 480 g in 2022.
    The lack of safe and secure storage for seized drugs and drug precursors prior to destruction
    remains a concern. Albania needs to establish the legal base for an appropriate process for the
    destruction of precursors and the practice of keeping only a small sample as material
    evidence for court proceedings (instead of the entire quantity seized).
    Fight against terrorism
    Institutional set-up and legal alignment
    Albania has a comprehensive legal framework for preventing and combatting the financing of
    terrorism and is fairly advanced in aligning with the EU acquis in this area It is a party to all
    of the Council of Europe counterterrorism conventions, including those covering the seizure
    and confiscation of the proceeds of crime and the financing of terrorism. The authorities
    should ensure effective implementation of targeted financial sanctions mandated by the UN
    Security Council, including by increasing the involvement of financial institutions and other
    relevant actors and through effective inspections, in line with the FATF action plan. Work
    49
    needs to continue on preventing the risk of radicalised groups using non-profit organisations
    to finance terrorism.
    In March 2022, the government adopted a new cross-sectoral strategy for 2023-2025 and two
    action plans to prevent violent extremism and fight terrorism. These replace the 2020 national
    cross-sectoral counterterrorism strategy and the 2015 national strategy on countering violent
    extremism and their respective action plans. The funds necessary to implement the action
    plans need to be budgeted.
    Albania has continued to make good progress in implementing the 2019 bilateral arrangement
    with the EU on putting the Joint Action Plan on Counterterrorism for the Western Balkans
    into practice. A revised bilateral arrangement was signed in December 2022 and is being
    implemented. Albania should submit the first report on the implementation of the revised
    arrangement. Work has advanced on creating a body or mechanism for joint national threat
    assessments as well as on advancing the work on Critical Infrastructure Protection.
    According to the revision, the Albanian authorities should draft a report on critical
    infrastructures to assess the current situation and needs both from a legislative and an
    operational point of view, to align with the upcoming EU legislation and standards and
    ensure the resilience of critical entities.
    The Counterterrorism Directorate of the ASP is the lead body on counterterrorism, under the
    jurisdiction of the Special Prosecution Office and the special courts. Its resources were
    increased as part of the ASP restructuring in 2023. The State Intelligence Service and the
    Defence Intelligence and Security Agency are also active in the field. The ASP’s community
    policing personnel are involved in preventive and early-warning efforts. The Coordination
    Centre for Countering Violent Extremism is in charge of capacity-building and coordinating
    countering violent extremism (CVE) activities across government institutions and oversees
    the implementation of the relevant parts of the national CVE and counterterrorism strategy.
    Changes in the centre’s leadership and staff have repeatedly led to the loss of institutional
    memory and have negatively impacted the centre’s effectiveness. The centre should therefore
    create the necessary internal administrative procedures to address this and to improve
    knowledge and information management. Last year’s efforts to improve the centre’s capacity
    to prevent violent extremism at local level should be continued. The capacities of local
    communities and local security councils to prevent terrorism should be further improved.
    Measures and capacity to address terrorist content online should be improved, including by
    aligning with the EU acquis and by adopting best practices.
    Implementation and enforcement capacity
    The police referred seven cases of terrorist offences and financing of terrorism to the Special
    Prosecution Office. One individual, an Iranian national, was convicted of terrorist offences in
    2022. The authorities repatriated 10 adult women and 27 minors from the camps in Syria in
    October 2020, August 2021 and May 2022. The CVE Coordination Centre and the ASP’s
    Counterterrorism Directorate have led the inter-institutional work on reintegrating and
    rehabilitating them in an effective and professional manner, with the Counterterrorism
    Directorate also carrying out criminal investigations and ensuring monitoring. No criminal
    charges have been brought against any of the returnees so far. In total, 81 Albanian nationals
    returned to Albania from Syria and Iraq. Around 35 to 45 Albanian nationals are estimated to
    remain in Syria, of whom 9 seem to be in prisons of the Syrian Democratic Forces. At least
    45 Albanian nationals are believed to have died in the conflict zone. The authorities continue
    to seek to return the remaining women and children from the camps in Syria. The CVE
    Coordination Centre has engaged in capacity building at local and national level on
    preventing and countering violent extremism, including in cooperation with civil society.
    50
    Regional cooperation and the exchange of sensitive information with international partners
    remains satisfactory. Albania should make more proactive use of the capabilities of the
    Europol European Counter Terrorism Centre and should continue its collaboration with the
    Europol Internet Referral Unit. The country actively participated in the implementation of the
    Western Balkan counter-terrorism initiative, under the Integrative Internal Security
    Governance.
    Albania should continue to focus on the disengagement, reintegration and rehabilitation of
    returnees and their families from Syria, and on the investigation and prosecution of those
    suspected of criminal offences. It should strengthen the case management and referral
    mechanisms for returnees and individuals at risk of radicalisation. Prison radicalisation and
    online terrorist content continue to require attention. Albania should also continue to
    investigate links between organised crime and terrorism. Furthermore, it needs to align its
    legislative framework with the EU legislation on explosive precursors.
    Judicial cooperation in criminal and civil matters
    In 2022, the Albanian Liaison Office to Eurojust registered 38 cases at the request of the
    Albanian authorities, which represents an 81% increase compared with 2021. 48 new cases
    were opened with the Albanian Liaison Office at the request of the competent authorities of
    EU Member States, only slightly fewer than in 2021 (51). Among non-EU countries, Albania
    had the fourth highest number of Eurojust cases in 2022.
    With EU assistance, in 2022 Albania doubled its participation in joint investigative teams
    (JITs). Out of 16 JITs, the majority (11) were pursued in the field of narcotics, 3 were in the
    field of computer crime, and the remaining dealt with illicit trafficking and economic and
    financial crime.
    Albania actively participates with two representatives in the Eurojust regional project
    ‘Increasing cross-border cooperation in criminal justice in the Western Balkans’ (WB CRIM
    JUST). This has led to greater interaction between prosecutors in the Western Balkans with
    the aim of coordinating their investigations.
    The Albanian liaison prosecutor was appointed to Eurojust in January 2021 and helped to
    facilitate judicial cooperation between EU and Albanian prosecutors in the fight against
    transnational organised crime. The continuity of this engagement was ensured in June 2023
    when the mandate of the liaison prosecutor posted to Eurojust was extended for another two
    and a half years, beyond the expiry of the EU funding for their posting at the end of 2023.
    The setting-up of joint investigation teams has been facilitated by EU financial support and
    the Law on judicial cooperation in criminal matters with foreign jurisdictions. Albania should
    also ensure that it provides its own financial resources to proactively set up more JITs.
    A cooperation agreement between the European Public Prosecution Office (EPPO) and the
    General Prosecution Office was signed in July 2022 to facilitate cooperation in criminal
    matters and the exchange of information. A similar agreement between EPPO and SPAK was
    signed in June 2023.
    On judicial cooperation in civil matters, between June 2022 and March 2023, Albania
    received 102 requests for mutual legal assistance and sent out 72 requests. On judicial
    cooperation in criminal matters, in the same period, Albania received 144 requests and sent
    out 263 requests. Albania should finalise the internal procedures for acceding to the 2005
    Hague Convention on Choice of Court Agreements and the 2007 Protocol on the Law
    Applicable to Maintenance Obligations. It should continue to improve international
    cooperation, the timely implementation of multilateral instruments, and its institutional
    51
    capacity.
    Legal and irregular migration
    Institutional set-up and legal alignment
    The Ministry of the Interior is the main actor in the field of migration. The main bodies under
    its supervision responsible for implementing migration policies are the Department of Border
    and Migration in the ASP Directorate-General, the Directorate for Anti-Trafficking and
    Migration Policies in the Ministry of the Interior and the Directorate of Asylum, Foreigners
    and Citizenship. The Ombudsperson and the child protection unit in the Ministry for Health
    and Social Protection play an important role in monitoring and providing services to
    migrants. The National Agency for Employment and Skills is responsible for services,
    employment programmes and vocational training programmes for foreigners, stateless
    persons and refugees.
    The legal framework on migration is partially aligned with the EU acquis and needs
    updating in line with developments on the EU side. Following the entry into force of the Law
    on Foreigners in November 2021, 23 out of a total of 29 pieces of implementing legislation
    have been adopted so far: two in 2021, 15 in 2022 and six in 2023.
    Albania has a readmission agreement with the EU and implementing protocols are in place
    with 12 Member States. Albania and Greece have still not concluded an implementing
    protocol. Draft readmission agreements have been sent by the Albanian authorities to several
    countries of origin3
    , so far to no avail. New draft readmission agreements with Georgia and
    Armenia have been drawn up and are to be followed up.
    The implementation of the national migration strategy and action plan for 2019-2022 came
    to an end in December 2022. Out of 129 measures in the action plan, 72 measures are
    reported as implemented, 36 as partially implemented and 21 measures as not implemented.
    The final report has not yet been completed. In March 2023, an inter-institutional working
    group began preparations to draft the new migration strategy for 2024-2030. Several
    preparatory workshops with national stakeholders were organised in May 2023 to identify
    priority objectives.
    Implementation and enforcement capacity
    Albania cooperated with the EU, EU Member States and its neighbours to implement the EU
    Action Plan on the Western Balkans presented by the Commission in December 2022 and
    therefore contributed to the management of the mixed migration flows towards the EU.
    In 2022, there was a 34% decrease in the number of irregular migrants entering Albania, i.e.
    12 216 compared with 18 496 in 2021. This reduction could be attributed to the strengthening
    of border surveillance and control, especially in the Kakavije/Kapshtice operational area
    where the Frontex joint teams were deployed. As many as 32% of all migrants apprehended
    in 2022 were apprehended repeatedly. Of all arrivals, 235 were identified as unaccompanied
    or separated children. Unaccompanied minors travelling from Albania to EU Member States
    remain a source of concern.
    The three nationalities most represented remained Syrians, Afghans and Bangladeshis.
    In the first 8 months of 2023, 4 877 irregular immigrants were apprehended, down by 30.6%
    from the same period in 2022. Regular reporting on irregular migration flows and asylum
    should be ensured. Since the summer of 2022, the information provided to the EU by the
    3
    Afghanistan, Iraq, Morocco, Algeria, India, Pakistan, Egypt, Bangladesh and Tunisia.
    52
    Ministry of the Interior has been sporadic.
    Reception capacities already increased in 2021 with the refurbishment of the Babrru National
    Reception Centre to provide up to 250 beds and a dedicated family-friendly space. In July
    2023 a new Temporary Reception Centre was inaugurated in Qafë-Botë. The total capacity of
    all reception facilities is approximately 570 beds. Albania does not have separate facilities for
    unaccompanied minors. The updated national contingency plan for the possible arrival of a
    substantial number of migrants and asylum seekers still needs to include an appropriate
    budget allocation. The case management of unaccompanied children is not handled as an
    integrated process, as required by the law on asylum. Unaccompanied minors need to be
    included in the national child protection system.
    By June 2023, the overall staffing of the ASP’s Department for Border and Migration had
    increased by almost 19% in comparison with 2021. As a result of the organisational and
    structural reform, there are now 1 977 employees at central and local levels, of whom 1 882
    are police officers and 95 are civilian staff. Comprehensive training and joint exercises have
    been organised for key border officials and frontline officers. However, permanent training
    structures should be established in compliance with basic training standards for EU border
    guards. Border and Migration Police officers should increase their ability to identify
    vulnerable refugees and migrants with specific needs. Coordination with child protection and
    anti-trafficking departments should also improve. Reports of migrants being returned to
    Greece without adequate pre-screening have continued during the reporting period. Albania
    should address the shortcomings identified in its return mechanism for irregular migrants, in
    line with applicable legislation and with international obligations.
    The readmission agreement with the EU is functioning well, with Albania swiftly
    honouring requests from Member States for the readmission of both its own and third-country
    nationals. In 2022, 23 860 Albanian nationals were ordered to leave and 9 655 were
    effectively returned. Cooperation between Albania and Frontex on return operations is very
    good. On 25 January 2022, Frontex organised in Albania its first fully-fledged Frontex-led
    return operations, returning approximately 50 Albanian irregular migrants from several EU
    Member States with the support of the Albanian authorities.
    The number of third country nationals voluntarily returned from Albania to their countries of
    origin remains low: six in 2022. Albania should pursue its efforts to increase returns to their
    countries of origins of migrants with no right to stay.
    In August 2021, Albania started temporarily hosting Afghan evacuees. By the end of
    September 2023, 4 033 have been hosted in open facilities near the coastline in Albania, with
    the support of international NGOs. All Afghan evacuees applied for temporary protection in
    the country, granted to them by a Council of Ministers decision adopted on 25 August 2021.
    Around 90% of them have been resettled to other countries, mostly to the United States
    (1 963), Canada (1 439), UK (106) and EU Member States (77). Since March 2022, the
    Albanian authorities have granted to refugees from Ukraine the right of residence in Albania
    for a period of up to one year without needing to obtain a residence permit. They can also
    apply for a temporary protection status. By the end of August 2023, 70 909 Ukrainian
    citizens had entered Albania, while 62 631 had left. Most of them are staying in private
    accommodation. Only 33 have applied for and benefit from temporary protection status.
    Asylum
    Institutional set-up and legal alignment
    The 2021 Law on asylum is largely aligned with the EU acquis and all 15 pieces of
    53
    implementing legislation have been adopted. Appropriate consultations should continue with
    the European Union Asylum Agency (EUAA) on the practical guidelines for their
    implementation through the EUAA-Albania cooperation roadmap and through practical
    cooperation under the EU regional support to protect sensitive migration systems. Although
    the law grants asylum seekers the right to access public services at the same level as Albanian
    nationals, the lack of alignment with other legal acts and lack of implementation capacity
    prevents asylum seekers from accessing services effectively. An efficient implementation of
    the law to a high standard remains to be achieved and would require additional investment in
    administrative capacities and the overall development of a well-functioning asylum system. A
    revised pre-screening instruction was adopted in 2022, but its implementation in practice
    needs to be improved.
    Albania has the necessary institutions in place to handle asylum claims. Administrative
    appeals may be lodged with the National Commission for Refugees and Asylum.
    Implementation and enforcement capacity
    Albania continues to be primarily a transit country, considered as such both among the
    refugee and migrant community and by the Albanian authorities. In 2022, 125 people made a
    claim for asylum with the Border and Migration Police, compared with 85 in 2021. The fact
    that only 1% of all arriving migrants in 2022, a large majority of whom came from countries
    with high protection rates in the EU, were referred to asylum procedures, underlines the need
    to improve referrals and access to asylum procedures.
    In 2022 no applicant was granted refugee status, while 24 were granted subsidiary protection.
    Between January and June 2023, nine people were granted subsidiary protection, and none
    was granted refugee status.
    On asylum procedures, the capacities of the Border and Migration Police to identify and
    refer people with specific needs are still insufficient. The Directorate for Asylum, Foreigners
    and Citizenship has been reorganised with three experts charged with developing asylum
    procedures, one head of sector and one director. The staff needs training to develop their
    skills on assessing individual claims, particularly regarding information on the country of
    origin and for cases involving vulnerable people. The lack of qualified interpreters at the
    temporary reception centres during and after pre-screening should be addressed and the hiring
    of female interpreters encouraged, to increase reporting on violence and on potential
    trafficking cases. Coordination between the actors involved should be improved.
    There are still shortcomings to be addressed in the implementation of return procedures at the
    border with Greece, in particular as regards adequate screening, safeguards including access
    to information, interpretation, a pre-return period of stay, and the right to appeal, including
    for unaccompanied minors.
    The status of about 2 700 Iranians (from the People’s Mujahedeen of Iran) relocated to
    Albania in 2015 and 2016 has yet to be decided. They currently hold temporary residence
    permits on humanitarian grounds.
    The Commission’s sixth report under the visa suspension mechanism, published in October
    2023, concluded that Albania has taken action to address most of the Commission’s previous
    recommendations. Albania’s visa policy is still not fully aligned with the EU’s as regards the
    list of countries whose nationals require an entry visa. Albania has year-round visa-free
    arrangements with Armenia, Azerbaijan, Belarus, China, Guyana, Kazakhstan, Kuwait and
    Türkiye, which are not on the EU’s visa-free list. Moreover, a reciprocal visa liberalisation
    agreement with China was signed in February 2023, which consolidates the earlier unilateral
    54
    decision of Albania granting visa free access to Chinese nationals. Albania also grants visa-
    free access to third country nationals who have a resident permit in the United Arab Emirates
    for at least 10 years. As in 2022, nationals of Bahrain, Oman, Qatar, Saudi Arabia and
    Thailand, who need a visa to travel into the EU, also benefited from the seasonal lifting of
    visa requirements between April and December 2023. Following strong requests from the EU
    side, Albania has not extended seasonal visa-free access to the nationals of Egypt, India, and
    Russia in 2023, which is significant progress. Overall, the practice of temporarily lifting the
    visa requirement is not aligned with the EU acquis. Continuing to progressively align
    Albania’s visa policy to the EU’s is essential, in particular with regard to countries presenting
    migration or security risks.
    According to Eurostat data, the number of Albanian citizens lodging asylum requests in EU
    Member States increased by 16% in 2022 compared with 2021 (from 11 300 to 13 100
    applications), but still remains below the pre-pandemic level (20 415 in 2019). The asylum
    recognition rate increased slightly from 5.7% in 2021 to 6.3% in 2022 (9% in 2021 and
    10.6% in 2022, including people with humanitarian status).
    In 2022, 6 991 Albanian nationals were refused permission to exit Albanian territory at
    border crossings, which is a 33% increase on 2021. The number of minors refused permission
    to exit rose by 19%, from 343 in 2021 to 423 in 2022. In the first 8 months of 2023, the
    number of minors refused exit remained stable compared with the same period in 2022. This
    increase can be attributed to the strengthening of border crossing controls, the
    implementation of the relevant legislation. Awareness-raising activities should continue as
    well as addressing the underlying reasons, and dialogue and structured cooperation with the
    EU Member States most affected by unfounded asylum applications by Albanian nationals.
    The Commission is monitoring the trend very closely in the framework of the visa suspension
    mechanism and issued a recommendation to Albania on this matter in its sixth report under
    the visa suspension mechanism.
    Greater attention should be paid to the reintegration of returnees, especially the most
    vulnerable people. Migration counters that have been set up in municipalities should be
    formalised and improved to facilitate the reintegration of returnees and more police officers
    should continue to be trained to escort returnees to Albania.
    Schengen and external borders
    Institutional set-up and legal alignment
    The legislative framework for the management of Albania’s external borders is not yet fully
    aligned with EU standards, however its 2021-2027 integrated border management strategy
    and 2021-2023 action plan are broadly aligned. The Law on border control that introduced
    rules on advance passenger information and passenger name records (PNR) into Albanian
    legislation is not aligned with the EU acquis. A passenger information unit was created in
    February 2022 within the Albanian State Police. The Albanian authorities are aware that the
    transfer of PNR data from the EU to Albania is not possible under the current legal
    framework.
    Implementation and enforcement capacity
    Albania has committed to modernise its border infrastructure and improve border
    surveillance. With EU assistance, Albania has improved radar coverage for the surveillance
    of the blue border. Efforts need to continue to complete the coverage and to create a
    command-and-control room to collect situational information from the regional level and
    allow coordinated intervention from the central level. Albania should establish a risk-analysis
    55
    system based on the common integrated risk analysis model developed by Frontex.
    In 2022, 418 criminal offences were recorded for assisting illegal border crossings (29 more
    than in 2021) and 631 offenders were prosecuted, of whom 321 were arrested or detained.
    As part of the organisational and structural reform of the Albanian State Police, an
    investigative sector has been created in the border and migration police with the aim of
    preventing, detecting and countering cross-border illegal activity, including
    people-smuggling and trafficking in human beings. This is a very positive development.
    Albania continues to participate actively in the Western Balkan Risk Analysis Network.
    Operational cooperation with neighbouring countries continued to be good. In 2022, in
    accordance with the relevant protocols, a total of 976 joint patrols were carried out with
    border police officers from Montenegro, Kosovo*
    , North Macedonia and Italy’s Guardia di
    Finanza; up from 920 in 2021. At the green border, 592 joint patrols were carried out, while
    384 joint patrols were carried out at the maritime border with Italy. A joint police and
    customs cooperation centre with Greece was inaugurated in the Kakavije border area in April
    2023. Furthermore, an agreement with Montenegro was signed in February 2023 on the
    opening of a joint border crossing point at Shen Nikolla-Pulaj and an implementing protocol
    with North Macedonia for the common border crossing point at Qafe Thane/Kjafasan was
    signed in November 2022.
    The successful implementation of Frontex Joint Operation Land and Albania Sea continued
    in 2022 under the current EU-Albania Status Agreement. The updated EU-Albania Status
    Agreement was signed in September 2023 and allows teams from the European Border and
    Coast Guard standing corps with executive powers to also be deployed at non-EU borders. In
    June 2023, the Albanian Ministry of Interior and Frontex signed a memorandum of
    understanding on a complaints mechanism on the protection of fundamental rights.
    Albania needs to ensure that the personal identification secure comparison and evaluation
    system (PISCES) is operated in alignment with the EU acquis on personal data protection. In
    2022, the Department for Border and Migration undertook 14 serious disciplinary measures
    against border police officers for corruption and abuse of office, slightly fewer than in 2021
    (16).
    The production and delivery of Albanian biometric documents was transferred from a foreign
    private company to a newly established state agency in August 2023. Albania will need to
    ensure that it continues to respect the international standards and procedures for producing
    and issuing secure identification documents.
    *
    This designation is without prejudice to positions on status, and is in line with UNSCR 1244(1999) and the ICJ
    Opinion on the Kosovo declaration of independence.
    56
    2.3. ECONOMIC CRITERIA
    In line with the conclusions of the European Council in Copenhagen in June 1993, EU
    accession requires the existence of a functioning market economy and the capacity to cope
    with competitive pressure and market forces within the Union.
    2.3.1. The existence of a functioning market economy
    Albania is between a moderate and a good level of preparation in developing a
    functioning market economy and made some progress in this area. Despite the economic
    fallout from Russia’s war of aggression against Ukraine, the Albanian economy showed
    resilience and GDP growth remained strong in 2022. Inflation increased to above the target in
    2022 but remained single-digit and then decreased in early 2023. The strong recovery
    supported labour market performance, giving Albania the highest participation rate and one
    of the lowest unemployment rates in the region. Supported by strong revenue growth and a
    large increase in nominal GDP, the public debt ratio fell much more than expected, to below
    its pre-2019 crisis level, but remains among the highest in the region. Long-awaited reforms
    were launched to improve investment expenditure, planning and execution, and the
    monitoring of fiscal risks continued to improve, but weaknesses persist in both areas. There
    was some progress on revenue-related reforms but plans to adopt a medium-term revenue
    strategy have been abandoned, while a low revenue ratio continues to impede much needed
    investments. The financial sector remained stable and continued to expand but financial
    intermediation remains low. The business environment benefitted from a higher level of
    digitalisation of public services. However, challenges related to a large informal economy
    and a shortage of labour with relevant skills persist. Consultations of the public by the
    government did not improve significantly. Last year’s recommendations to improve the
    functioning of the market economy were partly implemented, and remain partly valid. In the
    Table 1.1: 2020 2021 2022
    Albania - Key economic figures
    GDP per capita (% of EU-27 in PPS)1)
    30 31 32 34
    Real GDP growth 2.9 -3.3 8.9 4.8
    Economic activity rate of the population aged 15-64 (%), total 66.1 69.1 69.3 73.2
    female 57.3 61.2 61.4 66.8
    male 75.0 77.1 77.3 80.0
    Unemployment rate of the population aged 15-64 (%), total 15.0 12.2 12.1 11.3
    female 14.1 12.4 12.4 11.7
    male 15.7 12.1 11.8 10.9
    Employment of the population aged 15-64 (annual growth %) 3.3 -1.9 -0.4 4.8
    Nominal wages (annual growth %)2)
    2.9* 2.7 6.3 8.2
    Consumer price index (annual growth %) 1.7 1.6 2.0 6.7
    Exchange rate against EUR 133.7 123.7 122.5 119.0
    Current account balance (% of GDP) -8.2 -8.7 -7.7 -6.0
    Net foreign direct investment, FDI (% of GDP) 8.2 6.7 6.5 6.7
    General government balance (% of GDP) -2.8 -6.7 -4.6 -3.7
    General government debt (% of GDP) 69.8 74.3 74.5 64.6
    Notes:
    1) Eurostat
    2) average gross monthly wages, average of 2015-2019
    Source: national sources
    2014-19
    average
    57
    coming year, Albania should in particular:
    → achieve a non-negative primary balance and continue to reduce the public debt ratio while
    providing targeted support to vulnerable households and firms if needed, and continue to
    reduce arrears and use the regular revision process for budget amendments;
    → complete procedures to fully establish the National Single Project Pipeline and advance
    the necessary legal amendments to fully integrate public-private partnerships (PPPs) into
    it, and use a systematic risk assessment when deciding on new state guarantees and
    onlending;
    → adopt measures to increase tax revenue as a share of GDP in a growth-friendly way, while
    taking into account the results of a broad public consultation on tax policies.
    Economic governance
    Albania continued to pursue stability-oriented economic policies. The authorities
    supported households and businesses and state-owned electricity utilities to cushion the
    impact of high energy and food prices, while complying with the fiscal rules. After a large
    decrease in 2022, the public debt ratio fell below its pre-pandemic level. The government
    continued to use specific legal (‘normative’) acts instead of the regular legislative procedure
    to amend the 2022 budget, but on fewer occasions than in 2021, and none in the first half of
    2023. Albania submitted its 2023-2025 economic reform programme (ERP) to the European
    Commission at the end of January 2023, in which it underlined its plan to achieve a positive
    primary balance already in 2023. Parliament approved the 2023 budget on 24 November
    2022 and the ERP on 5 February 2023.
    Albania partially implemented the policy guidance jointly agreed at the Economic and
    Financial Dialogue between the EU and the Western Balkans and Türkiye in June 2022.
    Fiscal consolidation progressed, and control of arrears and fiscal risks improved, but there
    was limited progress on revenue-related reforms. Business support services were broadened
    and measures against informal employment were better coordinated, but information about
    the actions against informality and their effects remained limited. Labour market analysis and
    the preparations for implementing the Youth Guarantee progressed and reimbursements for
    medical costs increased, as did ad-hoc expenditure on social protection. Albania still has not
    ensured the necessary sustained and systematic increase of expenditure on social services,
    human development and innovation.
    Macroeconomic stability
    Albania’s economy continued to show
    resilience, despite three consecutive
    shocks. Albania’s real GDP growth
    averaged 2.7 % in 2013-2018. Though the
    economy was hit by the 2019 earthquake
    and the COVID-19 crisis, GDP contraction
    was less than expected in 2020 (3.3 %),
    followed by a strong economic recovery in
    2021 (8.9 %), which extended into 2022
    (4.9% GDP growth) despite the shock due
    to Russia’s war of aggression against
    Ukraine. Solid increases in private investment and very strong private consumption growth
    led to higher-than-expected economic growth in 2022, outweighing shrinking public
    investment and consumption and a negative contribution of net exports to growth. A robust
    -6
    -4
    -2
    0
    2
    4
    6
    8
    10
    2017 2018 2019 2020 2021 2022
    Graph 1.1: Albania - Real GDP growth and
    contributions
    Priv. cons. Gov. cons. GFCF
    Stocks Net exports Real GDP growth
    Source: WiiW, INSTAT, own calculations
    % y-o-y
    58
    rise in private consumption was supported by continued strong employment and wage
    growth. Construction, manufacturing and services were the main drivers of growth on the
    production side, partly due to buoyant tourism. These macroeconomic trends largely
    continued in the first quarter of 2023, albeit at a slower pace, except for growing public
    consumption and investment.
    Convergence with EU income levels stagnated in 2014-2019 with GDP per capita (at
    purchasing power parity) remaining at 30% of the EU average, but rising to 32% in 2021 and
    34% in 2022.
    Despite surging import prices, the current account deficit decreased in 2022. Sharply
    increased 2022 import prices widened the goods trade deficit, despite currency appreciation
    and strong growth in goods exports. However, a 30% surge in the services trade surplus, to
    13% of GDP, contributed to a 1.7 pps decrease in the current account deficit to 6% of GDP in
    2022. The share of remittances in GDP continued to fall, from 4.9% in 2021 to 4.5% in 2022,
    resulting in a decrease in the secondary income surplus to just above 6% of GDP in 2022. In
    the first half of 2023, the current account deficit continued to fall by about 27% compared
    with the first half of 2022, driven by a continuing surge of the trade surplus in services and by
    the growth of remittances.
    Foreign direct investment (FDI) inflows grew strongly and financed the current account
    deficit in 2022. The completion of large
    energy projects led to a declining trend in
    FDI inflows after peaking above 8 % of
    GDP in 2015-2019, but they grew by 19%
    in 2022, which pushed the ratio up to 6.7%
    of GDP in 2022 from 6.4% in 2021. FDI
    inflows again fully financed the current
    account deficit in 2022, after falling short
    of it in 2020 and 2021. Public external
    debt fell by 3.3% nominally (in terms of
    GDP from 32% to 26.1%) and overall
    external debt dropped by 10 pps to 54.6% of GDP in 2022. Using buffers of the late 2021
    Eurobond and in view of the less favourable conditions on the capital markets, the Albanian
    government only issued its 6th
    Eurobond in June 20234
    , which increased public external debt
    by 5.2% in the second quarter of 2023 compared with the second quarter of 2022. Foreign
    exchange reserves have consistently increased over recent years and remained at about
    EUR 5 billion throughout 2022 and until May 2023, before rising to 5.6 billion in July 2023,
    following two interventions in the foreign currency market to address a currency appreciation
    hike-. The reserves continued solidly covering 7 months of imports of goods and services
    and over five times the short-term external debt.
    Inflation rose significantly, though less than in Albania’s peers, and the Bank of Albania
    began to tighten its monetary policy stance. Annual inflation averaged 2% in 2021 but rose
    sharply from late 2021 due to rising international food and energy prices to an average of
    6.7% in 2022. Nevertheless, it remained the lowest in the region, helped by subsidised retail
    electricity prices and the appreciation of the lek against the euro, mostly due to significant
    external inflows from tourism and FDI. In response to the inflation rate exceeding the 3%
    target, and the broadening of domestic demand-driven price pressures, the Bank of Albania
    (BoA) raised the policy rate by 2.75 pps in several steps to reach 3% in March 2023. Inflation
    4
    EUR 600 million, 5-year maturity, with a coupon of 5.9%.
    -20
    -10
    0
    10
    2018 2019 2020 2021 2022
    Graph 1.2: Albania - Current account selected
    components and FDI
    Workers' remittances balance Goods and services trade balance
    Current account balance Net FDI
    % of GDP
    Source: IMF and Central Bank of Albania
    59
    has been slowing since November 2022, to 4% in August 2023 as price increases for food,
    energy and transport decelerated, appreciation of the Albanian lek against the euro
    accelerated (from 2.8% in 2022 to 7.8% year-on-year in the January to August average 2023)
    and financial market conditions tightened.
    In 2022, high GDP and revenue growth
    helped to lower the public debt ratio
    below its pre-pandemic level. The fiscal
    deficit was below 2 % of GDP in 2015-19,
    but increased sharply to 6.8 % of GDP in
    2020, due to the impact of the pandemic. A
    strong economic rebound and rising inflation
    fostered high revenue growth, contributing
    to the fiscal deficit falling to 3.7% of GDP in
    2022, despite significant energy-related
    spending. Exceptional support to the state-
    owned electricity provider and vulnerable groups was partly offset by savings on interest and
    personnel expenditure, and under-execution of foreign financed investments. As a result, the
    overall annual expenditure increase was moderate at 2.1%. The high GDP denominator and a
    small nominal decrease in public debt led to a 10 pps public debt ratio decrease from its peak
    of 74.5 % in 2021 to 64.6 % in 2022. For 2023, a fiscal deficit of 2.5% of GDP and a positive
    primary balance are foreseen. The exceptional provision for budget support to state owned
    energy companies in the budget was not needed, and the funds are planned to be reallocated.
    The tax revenue ratio remains low, despite improvements in the tax administration.
    Increasing social contributions and local taxes pushed the overall tax revenue ratio upwards
    to 25.7% of GDP in 2017, but since then it decreased to 25.4% of GDP in 2022, which is low
    compared to peers. It is also low given the need for significant investment in physical and
    human capital. Improvements in the tax administration, and substantial reforms such as the
    introduction of automated electronic VAT invoicing (‘fiscalisation’), excise harmonisation
    and indexation and digitalisation were successfully implemented in the last three years, but
    have not yielded an increase of the revenue ratio. The tax revenue structure has remained
    unchanged over the last decade, characterised by a heavy reliance on revenue from
    consumption and low revenue from capital taxation and social contributions (the average
    social contributions revenue of 5.8% of GDP are the second lowest in the region). The 2023
    amended income tax law, which takes effect in 2024, will broaden the tax base bringing self-
    employed professionals into the personal income taxation. Following a suspension of public
    consultations on the long-planned medium-term revenue strategy (MTRS) in 2022 the
    authorities have undertaken a review and update of the 2020 draft, which should aim for a
    broader tax base and a higher revenue mobilisation in a comprehensive and systematic way
    with public buy-in.
    Weaknesses in the management of public investment persist, but new initiatives have
    been launched to address them. Though public investment spending has increased strongly
    since 2017, partly driven by post-earthquake reconstruction, it remains backloaded and
    generates increasing arrears in the last quarter of the financial year. In 2021 and 2022 these
    were partly settled with year-end budget amendments, using unexpected excess revenue.
    However, structural weaknesses in investment planning and execution persist, partly because
    the selection and monitoring of public investment projects remains fragmented across types
    of investment and government agencies that use different procedures. In addition, national
    legislation still separates investment planning for public-private partnerships (PPPs) from that
    0
    20
    40
    60
    80
    -8
    -4
    0
    4
    2017 2018 2019 2020 2021 2022
    Graph 1.3: Albania - Fiscal developments
    Primary balance (lhs) Interest (lhs)
    GG balance (lhs) Public debt (rhs)
    Source: National sources
    % of GDP
    60
    of conventional projects. Post-earthquake reconstruction spending lacked transparency as it
    was not integrated into the regular public finance procedures. Reforms launched at the end of
    2022 aim to harmonise and improve the evaluation procedures for various types of public
    investment projects and resulted so far in setting up a national single project pipeline, which
    also strengthens project prioritisation in line with fiscal space and can contribute to reducing
    arrears. An amendment to the PPP-legislation is still necessary for integrating PPPs into those
    new procedures.
    Fiscal space improved, and the overall macroeconomic policy mix was appropriate in
    the face of high inflation. Good fiscal performance and a reduction in the debt-to-GDP ratio
    has improved the fiscal space, but vulnerabilities remain significant given the exposure to
    external shocks and continued high debt ratio (in comparison to regional peers). The fiscal
    response to the energy shock mainly consisted of continuing to subsidise the regulated
    electricity price for all households and SMEs, though it could have been better targeted to
    reduce fiscal costs and to include incentives for investments in energy-saving. Nevertheless,
    the overall spending restraint supported the 2022 monetary policy stance and contributed to
    dampening inflationary pressures. The macro-fiscal policy mix was generally appropriate to
    address the high inflation rate and to support economic stability and recovery.
    Functioning of product markets
    Business environment
    Business satisfaction with public services is improving, but there are increasing
    concerns about labour shortages. The 2022 Balkan Business Barometer, an annual
    independent survey of businesses in the region, shows that businesses’ satisfaction with
    public services improved in 2021 and 2022, supported by a higher level of digitalisation.
    More public services are now available online, including 31 tax services which allow
    taxpayers to pay taxes online to a certain extent. In addition, applications for all business
    licences can be made online. Efforts to set up a complete and digitalised cadastre within the
    next two years are progressing, but there are still delays and discrepancies as regards the
    information on property deeds. Improved digital public services help to reduce corruption,
    but irregularities in public procurement procedures are still perceived as an obstacle for
    businesses, although implementation of these procedures is improving, and the number of
    unsolicited proposals and new PPPs have decreased. The introduction of cash limits for
    business-to-business transactions is one measure taken to address the significant level of
    informal economic activities that add to unfair competition. There is a growing perception
    that difficulties in recruiting skilled labour is becoming an obstacle to business and
    entrepreneurs are increasingly demanding government measures to help retain workers and to
    provide incentives for the return of the diaspora.
    Mixed progress on improving legal certainty for businesses and making public
    consultations more effective. The adoption of the new ‘Unified Law on Investment’,
    originally planned to be adopted in 2020, is reportedly postponed to end-2023, delaying the
    expected improvement in legal security for investors. The mandatory publication of the
    government’s draft documents on the government’s online platform increased transparency
    although its use for public consultation has remained very limited and actual consultations
    must still rely on ad hoc outreach by government institutions. In this context, Albania made
    progress by mapping the stakeholders of the line ministries at the end of 2022 to notify them
    about public consultations in their area of interest. A new “council of enterprises”, composed
    of public and private sector representatives, has been set up to improve consultation of SMEs.
    In February 2023, the Financial Action Task Force (FATF) reported that Albania largely
    completed the implementation of the agreed action plan on anti-money laundering and
    61
    reforms to counter the financing of terrorism. In June 2023 FATF decided to propose an on-
    site visit, which took place in August and led to Albania’s delisting in October. Nevertheless,
    Albania should ensure that any future VTC law (including potential criminal amnesties)
    complies with the EU acquis and international standards’.
    State influence on product markets
    High food and energy prices triggered increased government support but intervention
    in the price-setting mechanism was deemed unconstitutional. Rising food and energy
    price led Albania to adopt a financial support package (the ‘social resilience package’) in
    March 2022 to support the transport sector, farmers and vulnerable households and to
    increase the budget for subsidised electricity prices5
    . A sovereign guarantee scheme for
    businesses exposed to rising food prices was also adopted. In April 2022, the government
    created two temporary boards (‘Transparency Boards’) with government and private sector
    representatives, which set regularly adjusted ceilings for the wholesale and retail prices of
    selected food commodities and fuels. However, in 2023 the Constitutional Court decided that
    these boards were not in line with the constitution and so had to be abolished. In 2023, a one-
    time windfall tax was introduced on the extraordinary profits in 2022 of the energy providers
    in the liberalised market. The government announced relief measures for exporting
    businesses that are affected by the strengthening of the lek, a temporary financial
    compensation for businesses in agriculture and fishery, which are struggling with the 25%
    increase of the minimum wage that took effect in April, and plans for a sovereign guarantee
    to support the liquidity needs of larger companies faced with high inflation, wage increases
    and currency appreciation.
    Privatisation and restructuring
    The state’s presence in the economy slightly increased but remained limited overall. In
    2022, Albania reported State aid of 0.3% of GDP mostly in form of tax exemptions and
    grants, excluding support to agriculture. According to recently established sector accounts,
    the public sector’s share of gross value added of the economy averaged about 10.6% in 2015-
    2019 and slightly increased to 11.1% in 2020. The proportion of public sector employment6
    to total employment decreased from 16.3% in 2014 to 14.3% in 2017, before picking up to
    15.3 % in December 2021. According to a list of public sector institutions, the central
    government of Albania is the majority or full owner of 76 central state-owned enterprises,
    mostly in transport infrastructure and energy, in addition to enterprises in water supply and
    sewerage in local government or municipal ownership. Restructuring and liquidation of state-
    owned enterprises continued, and in 2022 a new nomination framework for the boards of
    State-owned enterprises was adopted by the Council of Ministers. In 2021, the state-owned
    Albanian Investment Corporation, which develops dormant state assets by mobilising private
    capital, started to review state assets and formalise partnerships with governmental
    institutions, and it has now prepared 7 proposals.
    Efforts continued to improve the monitoring of state-owned enterprises (SOEs) and the
    associated fiscal risks. State-owned energy utilities’ dependence on regular public
    guarantees and loans remains a source of fiscal risks. This is aggravated by the hydropower
    sector’s vulnerability to rainfall fluctuations and to climate change risks, for which mitigation
    measures are still underdeveloped. Fiscal risk statements regularly accompany the budget and
    have been expanded since 2021 to include disaster risks and the financial assessments of an
    5 The increasing international prices for electricity imports are so far not reflected in the prices for households and SMEs.
    The state budget balances the differences for the state-owned electricity distributor.
    6 As a share of total employment of 15 to 64-year-olds, according to LFS (INSTAT).
    62
    increasing range of state-owned enterprises and utilities. These proved useful for forecasting
    financing needs for the public electricity sector in 20227
    , when adverse weather caused a
    decline in domestic electricity production, and rising international prices led to surging
    electricity import costs. An instruction issued in December 2022 introduced additional
    reporting requirements for all public bodies on potential fiscal risks, including those related to
    PPPs, but the capacities and the mandate of the fiscal risk unit has yet to be upgraded to make
    full use of this information.
    Functioning of the financial market
    The financial sector remained stable, but risks from the high share of foreign currency
    and variable interest loans persist. Bank profitability (the return on equity) continued its
    recovery from 12.9% in 2021 to an average of 15.5% in the first half of 2023, following a
    drop to an average of 8.5% in 2022. Overall banking sector capital, in relation to risk-
    weighted assets, remained unchanged between 18-19%, which is above the regulatory
    minimum, but a few small banks do not fulfil the macroprudential requirements adequately.
    Liquidity declined in 2022, but was still above the regulatory limit set by the Bank of Albania
    and recovered slightly in 2023. The ratio of non-performing loans to total loans fell 3 pps
    from mid 2020 to mid 2022, and have remained around 5.2% since then. However, there are
    concerns that the interest rate risk could transform into a credit risk as bank loans, about 75%
    of which carry variable rates, are being repriced. Several updates of banking legislation and
    regulation were adopted in 2022 which strengthen macroprudential requirements (liquidity
    buffers, net funding ratio, capital adequacy) and risk management. The recent resolution of
    the dispute over the fees for private bailiff services, which facilitate the execution of
    collateral, is therefore timely. Banks have a sizeable exposure to sovereign risk, given the
    25% share of government securities among their assets. Euroisation was already high and
    increased slightly. The share of foreign currency deposits is above 50% and foreign currency
    loans are about 49% of the total, although the share of loans that are not hedged against
    exchange rate risks decreased. The consolidation of the banking sector continued, with the
    merger of the small Alpha bank into OTP. This reduces the number of banks in Albania to
    11. The small but growing non-bank financial sector expanded to 38 institutions8
    but its share
    of GDP was unchanged at 12%. This includes the insurance market, which is estimated at
    about 2.3% of GDP, dominated by non-life insurance. New legislation provides sets a
    framework for growing use of new instruments like factoring and leasing in addition to
    strengtherening risk management requirements in the non-bank financing sector.
    Access to finance
    The modernisation of payment systems improved access to finance but capital market
    development is just beginning. Total credit growth accelerated from an average of 6.9% in
    2021 to 11.2% in 2022. Lending to the private sector9
    also accelerated, from 6.9% in 2021 to
    an average of 12.3% in 2022, but slowed to 7.3% by July 2023 as interest rates continued to
    increase. The financial intermediation level remained low, with loans to the non-financial
    private sector standing at 32.7% of GDP, about 15 pps below regional peers. In 2022, the
    regulatory framework for the modernised payment system was completed. This has led to
    more adults holding a bank account and to an increase in electronic payment facilities across
    7
    The government provided direct on-lending of 0.4% of GDP and budget support of 1% of GDP to the sector to cover the
    increased costs.
    8 Including 12 insurance companies, 8 investment funds, and a number of institutions providing microcredit, financial
    leasing, factoring, money transfer and electronic payment services.
    9 Annual average growth adjusted for written-off loans and exchange rate impacts.
    63
    the country. Card payments increased by 18%. Bank financing is still the dominant means of
    external business financing. In April 2023, the Government set out to promote active
    participation in the capital market, including by state owned enterprises, municipalities and
    foreign investors. The policy aims to promote bonds placements in view of increasing
    demand e.g. from private pension funds and to deepen the secondary market for government
    securities. In addition, institutions of the Albanian banking and financial sector have begun to
    implement the 2022-2027 national strategy for financial education, which aims to address the
    comparatively low level of financial literacy in the Albanian population.
    Functioning of the labour market
    The labour market continued to improve. Solid employment growth, averaging 3.7% a
    year in 2015-2019, helped lower the unemployment rate (in the 15-64 age group) from 17.5%
    to 12%. The labour market recovered
    most of its pandemic-related losses in
    2021 and strengthened significantly in
    2022, when employment growth averaged
    5%. The unemployment rate dropped to
    11% in the last quarter of 2022 and the
    inactive population decreased by 14.3%.
    The labour-force participation rate
    climbed to 74.8% by the end of 2022 and
    75.8% mid 2023, approaching the EU
    average, as did the closing gap between
    male and female labour force participation which dropped by 3 pps to 11.5 pps (mid 2023).
    However, the recent employment increase is not matched by an equivalent increase in social
    insurance contributors, which might indicate a growth in informal employment. The
    unemployment rate for 15-29 year-olds remained persistently above 20%, masking on one
    hand an increase in their participation rate by 3pps, but on the other hand an increase in the
    number of unemployed people aged 25-29. Although employment growth continued in the
    first half of 2023 with an average 3.5% it did not lower the overall unemployment rate,
    mainly because of an increasing number of unemployed young people (15-29). Despite the
    improving labour market situation, emigration increased by 10.5% compared with 2021,
    leading to a population decrease of 1.1 % in 2022. This also contributes to the ageing of the
    population and hits the financing of the pension system, on which Albania already has a low
    ratio of contributors to beneficiaries.
    Real private sector wage growth was not matched by public sector wage growth and
    triggered plans for a comprehensive reform of public sector salaries and wage increases.
    Public and private sector wage growth was balanced (both 6.6%) in 2021, but in 2022
    nominal private sector wages grew by 12.3% (5.5% in real terms) on average, while public
    sector wages only increased by 2.3% in nominal terms, resulting in a drop in real wages. In
    April 2023, the government launched a public sector salary review, aimed at restructuring
    and updating salary scales and bringing public wages closer to regional levels. A revised
    regulatory framework was announced to consolidate the principles and mandates for the
    setting of the public salary schedule for about 130 000 public sector employees. The
    objective is to raise the average monthly public wage in several steps to the equivalent of
    about EUR 900 by 2025 and to retain and attract staff in positions of critical importance for
    the public, including health workers, teachers and police. The first stage increased public
    sector wages in the second quarter of 2023 by 20.5% year on year, pushing overall average
    wage growth to 14.9% in the first half of 2023 compared to the same period in 2022. The
    64
    estimated total cost of ALL 39 billion would mean a 50% increase in the current public sector
    wage bill and potentially a deviation from the planned fiscal trajectory, in addition to likely
    spill-over effects to private sector wage developments. In January 2023, the minimum wage
    in Albania was the lowest in both nominal terms and in purchasing power standard among
    countries in the region with available data. The government lifted the minimum wage by 25%
    year-on-year in April 2023 to ALL 40 000 and announced a further increase to ALL 45 000
    (about EUR 400). Since early 2022, the minimum wage has exceeded 50% of the average
    monthly wage and generated high wage growth in the lowest income sectors like agriculture.
    2.3.2. The capacity to cope with competitive pressure and market forces within the
    Union
    Albania has some level of preparation to cope with competitive pressure and market forces
    within the Union and made some progress in bolstering competitiveness. Structural reforms
    in the energy market progressed, and transport infrastructure, the digitalisation of the
    economy and education outcomes continued to improve, but significant gaps with regional
    and European levels remain. Albania’s competitiveness is hindered by relatively low levels
    of entrepreneurial and technological know-how, unmet investment needs in human and
    physical capital, persistently low spending on R&D and, increasingly, by shortages of skilled
    labour. Trade openness increased through surging exports of services (tourism), but remains
    low overall, as the exports of goods remain well below potential.
    As some of the Commission’s 2022 recommendations were not fully implemented, last
    year’s recommendation remain partially valid and in the coming year Albania should in
    particular:
    → improve the labour market relevance and quality of vocational education and training
    (VET) to increase enrolments, and invest in the digital skills of young people and adults;
    → increase spending on education, social protection and health as a percentage of total
    expenditure and issue instructions to collect data on public expenditure on R&D;
    → accelerate the diversification of renewable energy sources, develop business support
    services for SMEs’ green transition, digitalisation and e-commerce, and support
    cooperation between business and academia on innovation.
    Education and innovation
    Education reforms are progressing, but it remains difficult for young people to
    transition into the labour market. Albania recorded improving results in the last PISA tests
    (15-year-olds in 2015 and 2018) and relatively good results in the latest international
    assessments of fourth-grade students’ mathematical and scientific understanding (TIMSS
    2019) and their reading comprehension (PIRLS 2021)10
    . This might indicate that recent
    reforms of the education system are having some effect, despite the relatively low spending
    on the education system of about 3% of GDP on average in 2017-2022. However, the gap in
    the education level to the EU average remains wide and higher public expenditure on
    education is necessary to speed up convergence. In addition, regional surveys11
    show that
    about a quarter of young respondents consider that skills learned in the education system do
    10
    TIMSS = Trends in International Mathematics and Science Study, conducted every four years at the fourth and eighth
    grades. Albania participated for the first time in TIMSS in 2019, only with 4th graders. PIRLS =Progress in International
    Reading Literacy Study, assessing students’ reading achievement in their fourth year of schooling every 5 years. Albania
    participated in 2021 for the first time. It scored in both studies above most regional peers but limited testing scope and
    issues with data quality limit comparability. TIMSS & PIRLS International Study Center.
    11 Balkan Public Opinion and Business Barometers 2022
    65
    not match the needs of their job, and 45% of companies surveyed identify applicants’ lack of
    skills as a reason for unfilled vacancies (2022). Participation in vocational and educational
    training (VET) remains particularly low (17.7% of upper secondary students, compared to the
    regional average of 58%) and attendance numbers actually fell in 2022. This contributes to
    the continued high rate (26.1%) of young people (aged 15-29) not in education, employment
    or training (NEET) at the end of 2022, and the high emigration of people with a lower level
    of education12
    . The private sector’s involvement in VET improved, but schools have yet to
    develop and follow curricula with sufficient and attractive work-based learning that is
    relevant to the labour market. Though ongoing reforms of the VET system address these
    issues, their funding and the pace of implementation are not yet adequate In addition,
    implementation of the 2023-2030 national employment and skills strategy, which envisages
    the employment policies that are necessary including upskilling and adult training, needs
    sufficient funding to raise the skill levels of the relatively large group of Albanian adults with
    a low level of education, and thus alleviate the shortage of skilled labour.
    Albania has better access to EU research funds, but domestic funding remains
    negligible. Public funding for research and development is foreseen to increase from the
    estimated 0.1% of GDP in 2022, but it is unlikely to reach the level of 1% of GDP envisaged
    in draft 2023-2030 national strategy on technology and innovation (STI), and reliable data on
    actual research funding is not yet available. There are no cost-based tax incentives currently
    being offered to private companies for training and research. Though some efforts have been
    made to stimulate public/private cooperation in this area, the very limited level of investment
    in innovation remains an obstacle to the much-needed increase in productivity. Albania’s
    association agreement with Horizon Europe entered into force in 2022, giving its research
    institutions access to EU funding for research and innovation that is comparable to EU
    Member States.
    Physical capital and quality of infrastructure
    Investment recovered in 2021 and 2022 and infrastructure projects made some
    progress. Total investment (gross fixed capital formation) averaged 24.4% of GDP in 2014-
    2018 before dropping by almost 2 pps in 2019-2020. In 2021 and 2022, investment
    rebounded to 24.4% and 24.0 % of GDP respectively, fuelled by rising private and foreign
    direct investment as well as public-financed post-earthquake reconstruction. This pushed
    public investment to 6.8% of GDP in 2021, before it fell to 5.4% of GDP in 2022. The share
    of gross fixed capital formation in GDP is the second highest in the region, and about 1.2 pps
    above the EU average. Net FDI inflows rose by 22% year-on-year in 2022, mostly flowing
    into real estate, energy, finance and manufacturing. Albania has made progress with the
    preparation and construction of road, rail and port infrastructure projects, which are
    improving interregional connectivity (the Adriatic-Ionian Corridor) and trade-related
    infrastructure (rehabilitation of the rail line from the port of Durrës to Tirana, construction of
    a new rail line to the international airport). In addition, a new 2023 – 2030 transport sector
    strategy and action plan was prepared, with an estimated budget of EUR 1 billion. The
    logistics performance index of the World Bank on Albania’s trade and transport-related
    infrastructure records an increase from 2.29 in 2018 to 2.7 in 2022 (1 = low to 5 = high,
    EU = 3.6).
    Digital infrastructure improved but needs further investment. Though the percentage of
    businesses with access to fast network connections (>10MB/s) increased from 79.8% in 2020
    12 OECD “Labour Migration in the Western Balkans: Mapping Patterns, Addressing Challenges and Reaping Benefits".
    https://www.oecd.org/south-east-europe/programme/Labour-Migration-report.pdf
    66
    to 90.5% in 2021 there has only been a small rise in internet use and business websites. Fixed
    broadband penetration increased from 17 to 20 per 100 inhabitants in 2021 and remains an
    issue, particularly in rural areas. These have 40% of the population but only a quarter of the
    fixed broadband subscribers. Investment in digital infrastructure is also needed in schools.
    Many schools lack computers - there are about 0.2 computers per pupil - and have poor
    internet connections, which remains an obstacle to using digital technologies in schools.
    Households with access to the internet increased from 88.3% in 2021 to 96.5% in 2022, with
    an increasing share also accessing the internet via a fixed broadband connection.
    Hydropower remains the main source of electricity, but Albania made some progress in
    the development of its electricity sector. Although this is a renewable source, hydropower
    creates a dependency on unpredictable rainfall, exacerbated by climate change. This means
    that the country’s electricity import needs fluctuate, leading to calls for more efforts to
    diversify electricity sources. Albania aims to increase solar energy production capacity to 1
    GW and has awarded two contracts for solar photovoltaic farms with 240 MW capacity
    through solar power auctioning. In addition, the first auctions for wind power resulted in
    contract awards for 222.5 MW installations in July 2023. These are important steps towards
    reducing Albania’s 98% dependence on hydroelectric production. The power sector law13
    was
    amended to improve its alignment with the EU acquis on energy, as required by the Energy
    Community secretariat. This enabled the effective separation of the electricity distribution
    system operator from the production operator. The Albanian Power Exchange (ALPEX) also
    went live and held its first electricity auction in April 2023. ALPEX is a joint venture
    company, owned by the transmission system operators of Albania (OST) and Kosovo
    (KOSTT), entrusted with operating both day-ahead and intraday markets. Transparent price
    signals can be provided for investments in renewable energy through ALPEX, though retail
    electricity prices are not yet fully liberalised for all customers. The recently adopted Law on
    renewable energy sources and new incentives for households to install solar panels and water
    heaters are expected to help to reach the increased renewable energy share targets in the
    2020–2030 national energy and climate plan for energy efficiency (NECP).
    Sectoral and enterprise structure
    The economic structure continued to shift gradually away from agriculture and towards
    construction, manufacturing and services. The share in gross value added of the
    agricultural sector fell from 22.9% to 21% in 2014 -2019. It increased slightly to 21.3% in
    2022 but remained higher than other sectors, exceeding the share of manufacturing by a wide
    margin despite this sector’s gradual increase (to 7.5% in 2022). The increase in the combined
    share of services by 2.7 pps in 2015-2019 to 55.4% of gross value added reversed in 2020,
    and was down to 54.1% in 2022. Within the services aggregate, the category ‘wholesale and
    retail trade, transport, accommodation and food service activities’ recorded a strong 1.9 pps
    increase in 2022 compared with 2021, while the category ‘public administration and defence;
    compulsory social security; education; human health and social work activities’ fell.
    Reflecting stronger investment activity, the construction sector’s share in gross value added
    increased to 11.2% in 2022, about 1 pp higher than its average in 2015-2019. Agriculture
    provided 33.7% of employment in 2021, down from 36% in 2019 and 2020 but still
    accounted for over 50% of employment in more than half of Albania’s prefectures.
    13 The decision to close Case ECS-4/17 in April 2022 was based on the complete transposition into national law of the
    Electricity Directive’s provisions related to DSO unbundling, the completion of legal unbundling and substantial progress in
    functional unbundling.
    67
    Manufacturing’s share of total employment increased slightly to 11.2% in 2021, whereas
    services’ share increased to 44.4%.
    Tax registrations of businesses and farmers continued to increase. Tax registrations of
    farmers increased by 34.1% in 2022, most likely related to the support scheme for farmers’
    fuel costs, whereas the number of active registered non-agricultural enterprises increased by
    5.6%. A total of 92.6% of active enterprises employed fewer than 10 people (85.6%
    employed 1 to 4 people), 5.7% had 10-49 employees, whereas 1.6% of enterprises had 50 or
    more employees and comprised 50.6% of total employment. The percentage of registered
    enterprises that provide services (85.6%), was unchanged from 2021. There is a high
    concentration (64.8%) of active enterprises in the prefectures of Tirana, Durrës and Vlorë,
    which account for about 50% of the population. In total, 5.3% of active enterprises are jointly
    or wholly owned by foreigners, contributing to 12.5% of employment, the majority (62.7%)
    of which have owners from Europe, in particular from Italy and Greece.
    Economic integration with the EU and price competitiveness
    The EU remains Albania’s main trading and investment partner. Trade openness (the
    sum of exports and imports as a share of GDP) averaged 75.7% of GDP in 2015-2019. After
    a drop in 2020, it jumped from 74.7% of GDP in 2021 to 88.5% of GDP in 2022, driven by
    strong growth both of exports and imports, which rose to 37.5% and 49.6% of GDP
    respectively. Despite the increase in exports’ share of GDP (up by 10 pps since 2015), it
    remains the lowest in the region, largely due to the very low share of goods exports. Exports
    remain dominated by services, mostly tourism-related. The EU remained the main destination
    for the export of both goods and services (2020 data). The EU’s share of Albania’s goods
    exports increased in 2022, halting the downward trend of the previous 5 years, but the EU’s
    share of Albania’s imports continued to decline. The trade in goods with countries in the
    Central European Free Trade Agreement (CEFTA) decreased, in particular due to a 2 pps
    drop in its proportion of Albania’s exports. FDI inflows from the EU jumped from 30% of
    the total in 2015-2018 to 51% in 2019-2022. Between these periods, the shares of
    Switzerland and Türkiye, once the source of the second and third largest inflows, decreased
    from 33.7% of the total to 11.4% and from 8% to 7.6% respectively. The EU’s share of FDI
    stocks remained high at 54.4%. In January 2022 an inter-ministerial working group was
    established to draft a 2022-2027 export promotion programme, expected to be finalised in
    2023. The real effective exchange rate increased by an average of 0.5 % in 2022, but by 2.6%
    in the first quarter of 2023 (compared with the 2022 average).
    2.4 PUBLIC PROCUREMENT, STATISTICS AND FINANCIAL CONTROL
    Chapter 5: Public procurement
    0
    10
    20
    30
    40
    50
    2015 2016 2017 2018 2019 2020 2021 2022
    Graph 1.5a: Albania - Exports of goods
    EU CEFTA Other
    Source: WiiW
    % of GDP
    0
    10
    20
    30
    40
    50
    2015 2016 2017 2018 2019 2020 2021 2022
    Graph 1.5b: Albania - Imports of goods
    EU CEFTA Other
    Source: WiiW
    % of GDP
    68
    EU rules ensure that public procurement of goods, services and works in any Member State
    is transparent and open to all EU companies on the basis of non-discrimination and equal
    treatment.
    Albania is moderately prepared in public procurement. Some progress was made , in
    particular, through an increased use of the most economically advantageous tender award
    criteria.
    The 2022 report’s recommendations were only partially implemented and remain valid.
    In the coming year, Albania should, in particular:
    → continue efforts to ensure competitive procurement procedures, with further
    encouragement of the use of the most economically advantageous tender award criterion
    and the use of framework contracts;
    → step up efforts to align the legislative framework with the EU acquis in the area of
    concessions and public-private partnerships;
    → ensure that the conditions of intergovernmental agreements concluded with third
    countries comply with the requirements of the EU acquis and in the Stabilisation and
    Association Agreement (SAA) in the area of procurement.
    Institutional set-up and legal alignment
    The legal framework on public procurement is largely aligned with the 2014 Directive on
    public procurement and procurement of utilities. The Law on concessions and public-private
    partnerships (PPPs) is partly aligned with the EU acquis. The government plans to adopt a
    revised PPP law in 2023. Albania is also partially aligned with the EU acquis on defence and
    security procurement.
    A working group has been set up and a negotiation team has been nominated to prepare for
    Albania’s accession to the Agreement on Government Procurement of the World Trade
    Organization.
    The Public Procurement Agency (PPA) is the body mandated to propose regulatory
    measures, monitor compliance with procurement rules and monitor the implementation of
    contracts. A new organisational structure was created in March 2023. It has 48 posts, of
    which eight are vacant. In 2022, a regulation was adopted to strengthen the status of the
    Agency for Centralised Procurement. The MoFE, together with the Concessions Treatment
    Agency (ATRAKO), are the main organisations responsible for PPP and concessions.
    Implementation and enforcement capacity
    Albania’s public procurement market represented about 9.4% of GDP in 2022, compared
    with 10.7% in 2021. In 2022, the average number of bids per tender was 2.5 (compared with
    2.5 in 2021 and 2.57 in 2020). Public procurement forecasts are published regularly.
    The PPA has a monitoring system to assess procurement performance and compliance, as
    well as the implementation of contracts. Since 2021, contracting authorities submit plans for
    implementing signed contracts to the PPA. The PPA provides regular monitoring reports and,
    since 2021, has also provided real-time information on procurement through the open data
    platform.
    All legal and financial instruments used in the area of public procurement and concessions,
    including intergovernmental agreements concluded with third countries for the
    69
    implementation of joint projects, should comply with the principles of transparency,
    competition, equal treatment and non-discrimination.
    On the monitoring of contracts award and implementation, the number of negotiated
    procedures without prior publication increased to 157 in 2022 (143 in 2021). This represented
    3.3% of all procedures but had fallen to 0.9% in terms of the value of all procurements in that
    period (from 3.4% in 2021). The use of framework agreements fell slightly in terms of
    numbers (763 compared with 873 in 2021), but these represented a higher total value of
    contracts procured through framework agreements (approximately EUR 419 million in 2022
    compared with approximately EUR 354 million in 2021). The application of the most
    economically advantageous tender criteria for the award of public procurement contracts
    increased to 7.3% of procedures, amounting to 33.9% of the total value of contracts.
    There is a central procurement portal for the publication of tender and contract notices, and
    its use is mandatory, including for low-value procurements. The PPA extended its role in
    contract monitoring and contracting authorities began reporting on contract implementation
    in 2022, so far on 3 659 contracts.
    On PPP/concessions, there was a significant reduction in the number of new PPPs. The use
    of unsolicited PPPs was also curtailed. By the end of 2022, the PPPs/concessions registry
    contained information on 228 contracts. In 2022, 3 concession procedures were published, of
    which one was awarded. . The technical capacity to design and assess PPPs requires further
    development. The December 2022 government decision on improvements to the single
    investment project pipeline aims to gradually integrate decisions on PPPs into the broader
    assessment procedures for investment projects.
    The contracting authorities need to continue to build capacity to manage public
    procurement processes. Ongoing training continued, with 1 396 people trained in 2022. The
    technical skills and capacity to design and assess concessions and PPPs also require further
    development. Further efforts are needed to improve compliance with procedures and prevent
    corruption in the procurement cycle.
    On integrity and conflicts of interest, the PPA issued instructions on the declaration of
    conflicts of interest by procurement officials and adopted a regulation on preventing conflicts
    of interest in the exercise of public functions in the PPA. The State Audit Institution
    continues to report irregularities in public procurement at cenral and local level.
    In terms of developing an effective system for the prevention of corruption in public
    procurement, Albania should focus on further strengthening the functioning of the overall
    system to increase competition, compliance and professionalisation. Albania has laid a good
    foundation by significantly improving transparency through its comprehensive electronic
    procurement and e-appeals system, and in terms of giving participants access to redress by
    developing its review system.
    Efficient remedy system
    The Constitution and the PPL contain provisions on the right to legal remedy that are mostly
    in line with the remedies Directive.
    The Public Procurement Committee (PPC) is the independent review body dealing with
    complaints about public procurement and concessions/PPP. Its decisions can be challenged
    before the Administrative Court of Appeals (and Supreme Court for subsequent appeals). A
    regulation was adopted in 2022 that further clarified the rules on the invalidity of
    procurement contracts and the role of the PPC in this respect.
    70
    The remedy system is easily accessible to economic operators, though subject to a fee. An
    electronic portal for submitting and managing appeals and complaints is in place and
    provides real-time statistics. The PPC has completed the overhaul of its internal procedures to
    incorporate the new online procedures.
    In 2022, the PPC received 782 complaints about procurement, in line with the previous year
    (768 in 2021). 89.9% of complaints were addressed within the legal time limit (compared
    with 89.2% in 2021 and 78% in 2020), while the average time it took to reach a decision fell
    to 12 days. In 2022, 5.45% of PPC decisions were appealed before the administrative courts
    (a slight reduction compared with 2021).
    The capacity of the PPC to deal with appeals, needs to be further improved. In March 2023,
    the Parliament agreed to increase the number of posts at PPC from 36 to 42, eight of which
    remain vacant. Extensive training of PPC staff is based on a cooperation agreement with the
    University of Tirana.
    Chapter 18: Statistics
    EU rules require that EU Member States are able to produce statistics based on professional
    independence, impartiality, reliability, transparency and confidentiality. Common rules are
    provided for the methodology, production and dissemination of statistical information.
    Albania is moderately prepared on statistics. Some progress was made in addressing the
    2022 report’s recommendations. Further alignment was made with ESA 2010 standards,
    statistics publication was made faster of, and there was increased transmission to Eurostat.
    Parliament approved the 2023 statistical plan, including a date for the population and housing
    census, which is ongoing. The role of the Institute of Statistics (INSTAT) was further
    strengthened, and its resources improved but capacity challenges remain. Despite the
    progress made in the modernisation of, data collection methods, further efforts are needed to
    improve the statistical production processes.
    The recommendations issued in 2022 largely remain valid. In the coming year, Albania
    should:
    → disseminate in a timely manner the results of the population and housing census 2023 and
    prepare an updated plan,secure the resources and be ready to implement the census of
    agriculture holdings in line with the relevant EU acquis and international standards;
    → take measures to reduce the staff turnover of the Institute for Statistics (INSTAT) should,
    in order to ensure that statistical production needs are met;
    → increase the production and transmission of timely and high-quality data for
    dissemination by Eurostat, and in particular make government finance statistics (GFS)
    data publicly available.
    On the statistical infrastructure, Albania’s Law on official statistics is in line with the
    European Statistics Code of Practice, and most classifications are in line with EU standards.
    The 2022-2026 official statistics programme is being implemented. The 2023 annual statistics
    plan was approved by parliament in January 2023. This included the date for the population
    and housing census, which needs to be conducted in 2023, having already been postponed
    twice. While INSTAT has made some efforts to fill vacancies and aims to increase staffing
    levels from 236 to 266 by 2026, further efforts are needed to reduce staff turnover, to ensure
    that production needs are met, and to train new staff in the latest statistical developments.
    71
    On macroeconomic statistics, annual and quarterly GDP data are produced in line with the
    production and expenditure approach, using current prices and with chain-linked volume and
    seasonally adjusted. On national accounts, Albania is partially in line with ESA 2010 on the
    quarterly and annual national accounts (main aggregates), on supply and use tables and
    derived input-output tables, as well as on regional accounts; data transmission to Eurostat has
    gradually improved in terms of timeliness for annual national accounts. However, significant
    improvement is still needed to achieve full compliance (mainly in the approach to quarterly
    GDP by income and population and employment data). Substantial further work is necessary
    to improve the timeliness, coverage and quality of annual non-financial sector accounts and
    annual financial sector accounts and to start compiling also quarterly non-financial sector
    accounts. Efforts are needed to start the work for the compilation of pension entitlements
    table. Despite progress on alignment with ESA 2010 standards, Albania still needs to
    improve compliance with the methodological requirements, and implement the improvements
    it has already achieved in the next benchmark revision in 2024. The Gross National Income
    (GNI) inventory, which describes the sources and methods used to compile national accounts,
    should be updated. Efforts are also needed to ensure the completeness of the notification
    tables on the excessive deficit procedure, which are sent regularly to Eurostat on a best-
    efforts basis. Improvements are also needed in government finance statistics to meet the
    requirements of the EU acquis and the data should be made publically available. INSTAT
    produces and publishes the harmonised index of consumer prices and is reponsible for
    generating income accounts.
    Data collection and production of business statistics have improved. Albania carries out an
    industrial production survey, although data is currently not collected or transmitted to
    Eurostat. Albania is partly compliant for all short-term statistics (STS) domains (industry,
    construction, retail trade and other services). However, some STS indicators are still not
    transmitted to Eurostat, in particular those on industrial turnover, hours worked, and
    indicators on business registrations and bankruptcies. Further efforts are needed to transmit
    the business demography statistics, starting with enterprise births, deaths, and survivals.
    INSTAT continues to achieve high response rates in both business and household surveys.
    On social statistics, INSTAT continues to conduct the labour force survey regularly, and
    microdata are provided to Eurostat, but it still does not produce statistics on job vacancies.
    Statistics on labour costs are calculated based on a labour cost survey. INSTAT continues to
    conduct the annual survey of income and living conditions (SILC) wave and the data has
    been validated and published by Eurostat. Data on income and living conditions at household
    and personal level has been released using EU-SILC. Statistics on external migration and
    asylum are partly aligned with the EU acquis. Crime statistics are published every year and
    are fully based on administrative sources. Crime statistics in Albania are classified on the
    basis of the national criminal code and laws, but INSTAT is working on a mapping that uses
    the International Classification of Crime for Statistical Purposes.
    The collection of gender-disaggregated data has improved: the new official statistics
    programme includes provisions on collecting and analysing gender statistics. Further efforts
    are needed to produce disaggregated data for certain groups, especially on the prevalence of
    violence and harassment at work, on data disaggregated by both gender and geographical
    location, age, ethnicity, disabilities and migratory status. After being postponed twice the
    population and housing census is being implemented in 2023, after a second pilot census led
    to further adjustments in the approach. Recruitment of staff for the census started in May.
    Video messaging to raise awareness about the census have already started, and widespread
    communication on it will start in September 2023. Albania needs to ensure that the census
    72
    goes ahead, that adequate funding for its full implementation is ensured, that administrative
    data is reused where possible, and to ensure that sufficient attention is paid to the rebasing of
    data.
    Agricultural statistics are partly aligned with the EU acquis. Some progress was made on
    the administrative registers, such as in the farmers’ register, the individual register of animals
    and the animal holding registers, but the quality of the data still needs to be improved.
    INSTAT also needs to finalise the documents needed for the census of agricultural holdings
    planned for 2024, including an action plan and an updated budget, and secure necessary funds
    to carry it out successfully. Adoption of the necessary legal act to ensure compliance with the
    EU regulations on integrated farm statistics needs to be assured.
    Environmental statistics are partly aligned with the EU acquis. Material flow accounts are
    well aligned to the EU acquis. Air emission accounts, physical energy flow accounts and
    environmental taxes by economic activity remain partially in compliance with the EU
    requirements. Waste statistics have improved but they are not yet fully aligned. Data on
    packaging waste are increasingly substantial as they are the basis for a new EU own resource
    on non-recycled plastic packaging waste. Albania already collects data on municipal waste,
    but it needs to collect and transmit the statistics on industrial waste and ensure a
    comprehensive estimate of all plastic packaging waste generated and recycled.
    Energy statistics are moderately aligned with the EU acquis. INSTAT and the national
    Agency of Natural Resources produce monthly and annual energy statistics for commodity
    balances for all energy products (fuels) used in Albania (natural gas and oil) as well as prices
    of electricity for households and industry. Substantial further work is required to reach full
    alignment with the EU acquis on energy statistics.
    Chapter 32: Financial control
    The EU promotes the reform of national governance systems to improve managerial
    accountability, sound financial management of income and expenditure, and external audit of
    public funds. The financial control rules further protect the EU’s financial interests against
    fraud in the management of EU funds and the euro against counterfeiting.
    Albania is moderately prepared in the area of financial control. Some progress was made
    during the reporting period when it comes to updates to the legal framework of internal
    control and internal audit. Implementation of the policy document for the strengthening of
    public internal financial control (PIFC) and targeted internal audits on arrears continued.
    Albania further aligned its national legislation with the EU acquis on counterfeit banknotes
    and coins. Internal control is not yet ensured across budget entities. Working relations
    between the Supreme State Audit Institution, the Parliament and the Ministry of Finance and
    Economy (MoFE) need to be further strengthened.
    Since the 2022 Commission recommendations were only partially addressed, they remain
    valid. In the coming year, Albania should in particular:
    → implement the instructions on financial delegation of responsibilities and issue
    instructions on delegation of management responsibilities with a view to improving
    managerial accountability;
    → monitor and follow-up the implementation of recommendations made in the annual PIFC
    report across budget institutions; increase parliamentary scrutiny of audited bodies in the
    implementation of external audit recommendations, through more frequent parliamentary
    hearings and the establishment of a parliamentary monitoring framework to regularly
    assess government’s follow-up action;
    73
    → strengthen controls and consolidate capacities to protect EU financial interest, ensuring
    correctness and transparency of expenditure in line with the principles of sound financial
    management.
    Public internal financial control (PIFC)
    A strategic framework for PIFC is in place. PIFC measures are included in the public
    financial management and the public administration reform strategies, and were also set out
    in the 2021-2022 PIFC policy document. As of 2023, the specific PIFC policy document will
    be integrated into the new 2023-2030 PFM strategy, which is under preparation. Annual
    PIFC reports are prepared and bring together reporting on activities, and findings from
    assessments and self-assessment on internal control and internal audit. They are presented to
    the Council of Ministers and Parliament as part of the process to approve the budget.
    The internal control system is only partially effective. The legislation on internal control is
    largely in line with international standards. Amendments to the law were adopted in February
    2023 to strengthen enforcement options and clarify roles and responsibilities. The Ministry of
    Finance and Economy is responsible for monitoring implementation. Albania has
    implemented several measures to improve the internal control system, in particular to
    improve the execution of procedures and to strengthen the capacity of civil servants.
    However, further efforts are needed to advance the implementation of PIFC reforms. Risk
    management is still at an early stage at all levels and needs to be better incorporated into the
    management of financial and operational processes.
    Managerial accountability is not yet fully embodied in the legislation and administrative
    practice. The instructions that have been adopted on the delegation of financial
    responsibilities need to be implemented and accompanied by delegation of operational and
    administrative responsibilities to improve overall managerial accountability. In practice, a
    very small number of administrative decisions are delegated to lower levels due to the
    centralised system of decision-making.
    The legislative framework on internal audit practice is in line with international standards.
    The law was amended in February 2023 to strengthen the independence of internal audit,
    update the requirements of the organisational set-up and clarify how to deal with suspected
    corruption and fraud.
    At the end of 2022, 83% of internal audit units were considered to be set up in line with the
    legal requirement. A total of 31 public units (mainly smaller municipalities and independent
    institutions) have not yet set up an internal audit unit or established an alternative
    arrangement, and some are understaffed. In 2022, there were 434 internal auditors, of whom
    353 had basic certification (up from 342 in 2021 and 318 in 2020). A new system for the
    advanced certification of auditors has been set up and a first cohort of 25 participants has
    been selected.
    The fact that the internal audit system does not yet issue audit opinions on the effectiveness
    of the internal control systems across different budget entities remains an issue.
    In 2022, the Central Harmonisation Unit assessed compliance with manuals and
    instructions of the internal audit activities of 25 internal audit units. It found only 36% of
    them to be partially or fully compliant.
    Well-functioning internal control, internal audit and inspection systems are essential for the
    strengthening of systems to prevent corruption. The recent revision of the internal audit law
    has clarified procedures for internal auditors when faced with potential criminal acts (report
    to financial inspection and suspend audit). In 2021, 6 cases were reported by internal audit
    74
    units to the financial inspection. Financial inspection has reported relatively few cases to
    Prosecution (1 in 2021).
    External audit
    In line with the standards of the International Organization of Supreme Audit Institutions,
    Albania’s constitutional and legal framework guarantees the independence of the State
    Audit Institution. The State Audit Institution has adopted a new strategic development plan
    for 2023-2027.
    Albania should increase the implementation of external audit recommendations and develop
    the parliamentary scrutiny of audited bodies. The State Audit Institution has continued to take
    action to improve its institutional capacity. It carries out annual professional development
    activities for audit staff. The number of staff has increased to 212, partly in response to the
    obligation imposed by the High Court to audit all 61 municipalities on a regular basis.
    The quality of audit work needs to be further improved to fully comply with the standards
    of the International Organisation of Supreme Audit Institutions. In 2022, the financial,
    compliance and performance audit manuals were updated. The objectives of the State Audit
    Institution have shifted from compliance and regularity audits to performance audits and
    financial audits. It follows a risk-based external audit approach.
    The impact of audit work has shown some progress. The Albania’s Supreme Audit
    Organisation continues to compile annual reports on its performance, publishes them on its
    website and reports accordingly to Parliament. Audit of the state budget is conducted in a
    timely manner. In 2022, 177 audit reports were submitted to Parliament. The State Audit
    Institution also regularly reports on the implementation of its recommendations. The level of
    implementation of external audit recommendations is still insufficient (50% of 2021
    recommendations are fully or partially implemented), despite a high proportion of
    recommendations (97%) being accepted by institutions. The parliamentary scrutiny of
    audited bodies on the implementation of recommendations is still limited and should be
    increased, through more frequent parliamentary hearings and the creation of a parliamentary
    monitoring framework to regularly assess government’s follow-up action.
    ALSAI has the right to refer to the criminal prosecution bodies when the findings of audits
    are of their competence. ALSAI reported four criminal charges to Prosecution Office in 2022
    involving 16 officials, compared to 14 cases involving 62 employees in 2021. In addition, it
    monitors implementation of recommended disciplinary measures. ALSAI has signed MoU’s
    with the General Prosecutor’s office, SPAK and HIDAACI.
    Protection of the EU’s financial interests
    Albania has ensured some level of alignment with the EU acquis in the area. However, it
    still needs to fully harmonise its legislation with the EU Directive on the fight against fraud to
    the EU’s financial interests by means of criminal law.
    The national anti-fraud coordination service has established a network involving other
    relevant authorities, which meets regularly. Still, the roles of the authorities part of the
    AFCOS network should be further clarified in relation to protecting the EU’s financial
    interests. A national anti-fraud strategy still needs to be adopted.
    The manual of procedures for irregularities continue being updated.
    Albania needs to improve its cooperation with the European Commission on
    investigations. In 2022, it reported 71 cases of irregularities and suspected fraud in IPA and
    IPARD programmes. Although cooperation on investigations has improved, Albania needs
    75
    to step up its efforts in developing a solid track record on cooperation on investigations by
    providing, among others, effective operational assistance to investigators from the European
    Anti-Fraud Office (OLAF) so they can fully discharge their duty in carrying out an on-the-
    spot check in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (EC,
    Euratom) No 2185/1996. Albania should also continue its efforts in developing a track record
    on reporting of irregularities.
    Protection of the euro against counterfeiting
    Albania further aligned with the EU acquis on the definition of counterfeit banknotes and
    coins, as well as the procedures for gathering, storing and withdrawing them from circulation.
    Technical analysis is provided by the national analysis centre of the Bank of Albania and the
    Forensic Police Institute. In January 2023, a cooperation agreement on the protection of
    currency against couterfeiting was signed by the Bank of Albania, the General Prosecution
    office and the Ministry of the Interior.
    In 2022, Albania seized 834 counterfeit euro coins and 134 euro banknotes, representing 68%
    of all seized counterfeit currencies in the country, compared with 38% in 2020.
    3. GOOD NEIGHBOURLY RELATIONS AND REGIONAL COOPERATION
    Good neighbourly relations and regional cooperation form an essential part of Albania’s
    European integration process. They contribute to stability, reconciliation and a climate
    conducive to addressing open bilateral issues and the legacies of the past.
    Albania maintained its engagement in a number of regional cooperation initiatives, such as
    the Central European Free Trade Agreement (CEFTA), the Energy Community, the
    Transport Community, the South East European Cooperation Process (SEECP) and the
    Regional Cooperation Council (RCC).
    The EU-Western Balkans Summit in December 2022 took place for the first time in the
    region, in Tirana. The summit focused on support to the region in the fields of energy and
    migration, and on youth cooperation, roaming, green lanes and overall progress on
    implementing the Economic and Investment Plan.
    As of January 2023, Albania has assumed the Chairmanship in Office for the Western
    Balkans Fund. Albania has also assumed the Chairmanship in Office of the Berlin.
    On the Common Regional Market (CRM), a political breakthrough was achieved at the
    Berlin Process Summit in Berlin in November 2022, where leaders adopted the three mobility
    agreements on higher education qualifications, on professional qualifications and on free
    movement with identity cards. Albania has ratified all three mobility agreements and has
    deposited the related notification instruments. A number of important decisions agreed at the
    technical level within CEFTA remain blocked.
    Albania generally maintains good bilateral relations with other enlargement countries and
    neighbouring EU Member States.
    Relations with Bosnia and Herzegovina remained friendly and without pending issues, with
    occasional high-level bilateral visits. The two countries are still to establish resident bilateral
    embassies, as agreed in 2020. Trade flows remain low.
    Relations with Georgia are good. Albania supports the territorial integrity and sovereignty of
    Georgia. Albania expressed appreciation for Georgia’s aspirations to integrate into the EU
    and NATO.
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    Albania’s relations with Kosovo remained good overall. Albania’s authorities have
    demonstrated consistence and strong support to the EU-facilitated Belgrade-Pristina dialogue.
    The Prime Minister of Kosovo visited Tirana in March 2023. In September 2023, the
    President of Kosovo visited Albania.
    Relations with the Republic of Moldova are good, with the first bilateral diplomatic
    consultations taking place in 2022, and a joint commitment to develop the nascent bilateral
    economic relations. Albania has welcomed the EU’s decision to grant EU candidate country
    status to Moldova.
    Relations with Montenegro remained good overall. After 3 years, the second joint
    governmental meeting between Albania and Montenegro took place in Podgorica in February
    2023. Albania signed a series of bilateral agreements with Montenegro’s caretaker
    government, intended to improve cooperation between the neighbours in several areas of
    common interest related to energy, fishing, plant protection, social protection, sports, culture,
    media, defence and health. The parties signed a bilateral agreement for the construction of a
    bridge on the Buna River to connect the coastal areas of Ulcinj (Montenegro) and Velipoja
    (Albania) and announced the opening of the border crossing at Saint Nicholas – Pulaj.
    Relations with North Macedonia remained good. In November 2022, the second
    government-to-government meeting between Albania and North Macedonia took place in
    Skopje. The governments signed 21 agreements, memoranda of understanding and protocols
    and pledged to cooperate on their EU integration process and on addressing the energy crisis
    triggered by Russia’s unprovoked invasion of Ukraine. Both governments agreed on three
    initiatives related to the infrastructure of Corridor VIII, the construction of a dry port in
    Struga and the opening of the new Struga-Pogradec border crossing. Albania and North
    Macedonia will also create joint investigation teams in the fight against organised crime.
    Further avenues of cooperation are related to defence, security, digitalisation, border control,
    improving child protection and implementing Albanian sign language in both countries.
    Relations with Serbia remained good overall, with regular high level political contacts.
    Albania’s authorities have shown unwavering support for the EU-facilitated Belgrade-
    Pristina dialogue.
    Relations with Türkiye have continued to strengthen, as reflected in the exchange of high-
    level visits. In November 2022, Albania’s Minister for Europe and Foreign Affairs visited
    Ankara and led jointly with her counterpart the first meeting of the Political Dialogue Group.
    The Prime Minister of Albania visited the country and met the President of Türkiye in
    December 2022. Albania provided immediate support to Türkiye with the deployment of a
    team of 56 people in relief efforts following the earthquake that hit the country in February.
    Türkiye continues to exert pressure on Albania to deliver on dismantling the ‘Gülen’
    movement in the country.
    Ukraine-Albania relations have intensified since the beginning of Russia’s war of aggression
    against Ukraine. Albania has sponsored or co-authored all resolutions in support of Ukraine
    during its non-permanent membership of the UN Security Council. The Prime Minister
    visited Kyiv in June 2022, together with the Prime Minister of Montenegro. Albania has
    welcomed the EU’s decision to grant EU candidate country status to Ukraine.
    Relations with Greece remained good overall, with continued political contacts. Greek
    Minority rights, in particular the property rights of the Greek minority, remain a subject of
    disagreement in the bilateral relations. The pre-trial detention of an ethnic Greek mayor-elect,
    who was arrested on the eve of the local elections, and whose trial started on 14 September
    on charges of vote-buying has been a source of bilateral tensions and raises serious concerns.
    77
    His requests to be granted special leave to be able to swear the oath have been dismissed and
    the High Court is expected to deliberate on the assignment of the related appeal to a court.
    The Constitutional Court accepted in October to pronounce itself on the constitutionality of
    the criminal judicial procedure following his arrest. On the issue of the delimitation of the
    maritime border, both sides agreed to jointly refer the case to the International Court of
    Justice. In December 2022, the Ministers of Foreign Affairs made visits to each other’s
    capitals. In September 2022, the first joint technical meeting in the context of a future
    agreement on social insurance schemes took place in Athens.
    Relations with Italy remained very good. Political dialogue intensified with high-level visits
    on both sides. In September 2022, the President of Italy visited Albania. In December 2022,
    Albania’s Prime Minister met the Italian Prime Minister. The Albanian Minister for Europe
    and Foreign Affairs met the Deputy Prime Minister and Minister for Foreign Affairs of Italy
    in Rome in November 2022. Cooperation in the field of defence, justice and home affairs was
    further strengthened, including in the areas of the fight against cybercrime, trafficking in
    human beings, irregular migration and asylum.
    4. ABILITY TO ASSUME THE OBLIGATIONS OF MEMBERSHIP
    CLUSTER 2: INTERNAL MARKET
    This cluster covers: free movement of goods (Chapter 1); freedom of movement for workers
    (Chapter 2); right of establishment and freedom to provide services (Chapter 3); free
    movement of capital (Chapter 4); company law (Chapter 6); intellectual property law
    (Chapter 7); competition policy (Chapter 8); financial services (Chapter 9) and consumer and
    health protection (Chapter 28). This cluster is key to Albania’s preparations for the
    requirements of the EU’s internal market and is very relevant for the development of the
    Common Regional Market.
    Albania is moderately prepared in the areas of right of establishment and freedom to provide
    services, free movement of capital, company law, intellectual property law and financial
    services. Some progress was made on intellectual property law as well as free movement of
    capital, which may lead to the country’s removal from the list of jurisdictions under
    increased monitoring. Nevertheless, Albania should ensure that any future VTC law
    (including potential criminal amnesties) complies with the EU acquis and international
    standards. The country is in between some and moderate level of preparation in the area of
    the free movement of goods, on which there was limited progress, and competition policy.
    Some level of preparation is registered on freedom of movement of workers, with some
    progress notably on free movement of family members of EU citizens. Limited progress can
    also be reported on freedom to provide services and company law. Preparations are at an
    early stage on consumer and health protection, where the country has made limited progress;
    significant efforts are still needed notably on ensuring quality healthcare for all. No progress
    can be reported on competition policy, where the State Aid Commission (SAC) still lacks
    operational independence.
    Chapter 1: Free movement of goods
    The free movement of goods ensures that many products can be traded freely across the EU
    based on common rules and procedures. Where products are governed by national rules, the
    principle of the free movement of goods prevents these creating unjustified barriers to trade.
    78
    Albania is in between some and moderate level of preparation in the area of free
    movement of goods. There was limited progress overall and on last year’s
    recommendations, notably on alignment with the EU acquis on simple pressure vessels.
    Despite an initial compliance check with Articles 34-36 TFEU this is so far only limited to
    the harmonise area). On the quality infrastructure, some legal bases are still not aligned and,
    though it has started the process, Albania is yet to fully join all the EU standards bodies. Last
    year’s recommendations therefore remain valid, as efforts are still needed to ensure
    legislative alignment and to strengthen enforcement.
    In the coming year, the country should in particular:
    → complete the alignment of its legislation with the EU acquis relevant to the quality
    infrastructure i.e. on accreditation, conformity assessment and market surveillance;
    → significantly strengthen the enforcement capacity of the market surveillance inspectorate;
    → adopt an action plan for screening all domestic legislation, procedures, and administrative
    practices for compliance with Articles 34-36 of the Treaty on the Functioning of the
    European Union (TFEU) which fully covers the non-harmonised area, with a timeframe
    for screening all such legislation and practices and for introducing mutual recognition
    clauses or repeal and/or amend legislation and practices as necessary.
    General principles
    Albania’s legislation is not aligned with Articles 34-36 TFEU. Plans for further alignment
    with the EU acquis are set out in the 2023-2025 national plan for European integration
    adopted in February 2023, and in the current consumer protection and market surveillance
    strategy.
    Non-harmonised area
    Albania needs to widen the scope of its work on drafting an action plan for screening national
    technical regulations to comply with Articles 34-36 of the TFEU, as thus far they have only
    focused on harmonised product sectors. The main purpose of such an action plan is to ensure
    that there are no issues in regard to the non-harmonised areas, i.e. to ensure that any non-
    harmonised legislation, processes, procedures or rules fully comply with Articles 34-36
    TFEU, or are covered by mutual recognition clauses. Albania therefore needs to ensure that
    its action plan to comply with Articles 34-36 TFEU also fully covers all the non-harmonised
    areas.
    Harmonised area: quality infrastructure
    Albania’s legislation on accreditation is designed to be aligned with the EU acquis, while
    that on market surveillance is partially aligned. Administrative structures already exist to deal
    with technical regulations, standardisation, conformity assessment, metrology, accreditation
    and market surveillance, but the recruitment of qualified staff to ensure market surveillance
    of all harmonised sectors needs to be completed. Albania has mutual cooperation agreements
    on accreditation, standardisation, and conformity assessment with some EU Member States,
    other countries in the region and other non-EU countries.
    On standardisation, the Albanian legal framework is designed to align with the EU acquis.
    Albania’s General Directorate of Standardisation is a full member of the European
    Telecommunication Standards Institute (ETSI), an affiliate member of the European
    Committee for Standardisation (CEN) and the European Committee for Electrotechnical
    Standardisation (CENELEC), and an associate member of the International Electrotechnical
    Commission (IEC). It applied to become a full member of CEN/CENELEC in July 2021, and
    79
    is currently addressing the issues identified by the subsequent peer review by
    CEN/CENELEC in order to achieve this goal, including staffing. National standards are
    adopted in conformity with EU standards (set by CEN, CENELEC and ETSI). In 2022, 1 828
    European and international standards were adopted (including 953 CEN-CENELEC, 384
    ETSI and 491 International Organization for Standardization (IOS) and International
    Electrotechnical Commission (IEC) standards). During January-September 2023 GDS
    adopted 737 European and International standards as Albanian standards (including 430
    CEN-CENELEC, 151 ETSI, and 156 IOS and IEC standards). All the harmonised European
    standards were adopted as harmonised Albanian standards, all by the “cover page” menthod,
    and 318 standards were withdrawn.
    Albanian legislation on the accreditation of conformity assessment bodies is partially
    aligned with the EU acquis. The Directorate of Accreditation (DPA) has full operational
    capacities and has continued efforts to increase the administrative capacities through training
    of DPA staff, technical assessors and decision makers for different standards. Albania has
    109 accredited conformity assessment bodies (49 testing laboratories, 5 medical laboratories,
    1 calibration laboratory, 8 certification bodies of management systems, 15 certification
    bodies of persons and 31 inspection bodies). In September 2022, Albania joined the
    International Accreditation Forum Multilateral Recognition Arrangement. It is also a
    signatory of the European co-operation for Accreditation Multilateral Agreement, a full
    member of the International Laboratory Accreditation Organisation (ILAC), and has a mutual
    recognition agreement with ILAC (ILAC MRA). The General Directorate of Metrology is
    fully staffed and operational. It is a full member of the International Organization of Legal
    Metrology, the European Association of National Metrology Institutes (EURAMET) and the
    International Measurement Confederation, and an associate member of the European
    Cooperation in Legal Metrology (WELMEC) and the International Bureau of Weights and
    Measures. Albania has not yet aligned its legislation with the EU requirements on
    notification procedures.
    The State Inspectorate for Market Surveillance (SIMS) remains understaffed. It should
    continue to increase the number of staff, including inspectors. In 2022, over 11 000 market
    surveillance inspections were carried out in Albania, resulting in 179 fines, 38 urgent
    measures, and 58 products being taken off the market, and in January-September 2023 there
    were 423 inspections leading to 56 products being in nonconformity resulting in 19
    administrative measures (8 warnings, 8 fines and 3 urgent measures).
    Harmonised area: sectoral legislation
    In the area of ‘new and global approach’ product legislation, Albania adopted
    implementing legislation designed to be fully aligned with the EU acquis on simple pressure
    vessels. However, alignment has not yet started on equipment and protective systems
    intended for use in potentially explosive atmospheres (ATEX), gas appliances, pressure
    equipment, recreational craft, and eco-design.
    On the ‘old approach’ product legislation, Albania is partly aligned with the EU acquis on
    textile labelling, footwear, crystal glass and aerosol dispensers. Its legislation is partly aligned
    with the EU acquis on registration, evaluation, authorisation and restriction of chemicals
    (REACH); on chemical classification, labelling and packaging ; on aerosol dispensers, and on
    detergents. Albania is not aligned with the EU acquis on motor vehicles, two- or three-
    wheeled vehicles, tractors (agricultural, forestry), non-road mobile machinery emissions, or
    on good laboratory practice.
    80
    Albanian legislation is not aligned on drug precursors, though the list of controlled
    substances complies with the relevant lists in the EU acquis. On procedural measures,
    Albania is partly aligned on firearms, on crystal glass, on textile labelling, on the pricing of
    medicinal products, and on footwear. Albania remains partially aligned with the EU acquis
    on defence products (transfer of defence-related products), and on the return of cultural
    objects unlawfully removed from the territory of an EU Member State.
    Albania has anti-corruption measures in place on transparency on accreditation, conformity
    assessment, tariffs, legal acts and the activities of public bodies. Some agencies and the
    customs administration that ensure market surveillance have rules on transparency, ethics and
    conflicts of interest, and are subject to audits. However, further efforts are needed in terms of
    enforcement and strengthening the capacities of market surveillance inspectorate.
    Chapter 2: Freedom of movement of workers
    Citizens of one Member State have the right to work in another Member State and must be
    given the same working and social conditions as other workers.
    Albania has some level of preparation in freedom of movement for workers. Some progress
    was made on the implementation of the 2022 report’s recommendations on free movement of
    family members of EU citizens, strengthening of social security bilateral agreements and
    further development of the IT system for mapping job seeker vacancies (e.g the development
    of the National Agency for Employment and Skills (NAES) application, providing real-time
    updated information about jobs) that is preparing the implementation of the European
    network of employment services (EURES) upon accession. The development and adoption of
    17 pieces of implementing legislation of the Law on foreigners was in line with the 2022
    report’s recommendations. In the coming year, Albania should:
    → continue the development of the IT system to enable connection to EURES;
    → strengthen the enforcement of the Law on foreigners;
    → continue negotiating and implementing new bilateral agreements on social security,
    notably with EU Member States.
    Regarding access to the labour market, Albania has in place a Law on foreigners, enabling
    simplified procedures for EU citizens settling in Albania, in line with the EU acquis in this
    area. 17 pieces of implementing legislation of the Law on foreigners were adopted during the
    reporting period, making the law fully operational. As of January 2023, the application
    procedure is further simplified as employees can now register their employment contract
    online. In 2022, 1 281 EU citizens received a declaration of exemption for employment.
    A cooperation agreement between the State Labour Inspectorate and Social Services, the
    National Agency for Employment and Skills (NAES), the Commissioner for Protection from
    Discrimination and the Public Procurement Agency, is needed to strengthen the control of
    law enforcement. The Ministry of Finance and Economy (MoFE) needs to intensify efforts to
    review the existing bilateral employment agreements and introduce the new bilateral
    cooperation agreements in the field of labour migration during 2023. An interinstitutional
    working group was set up in March 2023 for the preparation of the new migration strategy.
    In preparation for joining the European network of employment services (EURES),
    Albania has put in place an integrated database for its employment services that, upon its
    connection to EURES, can facilitate exchanges of information between IT departments on
    civil status, the tax system, the compulsory healthcare system and the economic assistance
    system. The IT system to enable connection with EURES needs to be further improved.
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    On the coordination of social security systems, Albania has bilateral agreements with
    Austria, Belgium, Czechia, Germany, Hungary, Kosovo, Luxembourg, North Macedonia and
    Türkiye. Bilateral agreements with Bulgaria, Switzerland and Romania have been signed and
    are yet to be ratified. Negotiations with Croatia, Montenegro and Italy have been concluded
    and agreements are yet to be signed. Discussions on coordinating social security schemes
    have taken place with Greece, and Serbia. Negotiations and implementation of new bilateral
    agreements on social security between Albania and other EU Member States have yet to take
    place.
    In March 2023, NAES signed a cooperation agreement with the Public Employment Service
    of Lithuania intending to create a cooperation framework to exchange information on
    employment and labour migration.
    Regarding the fight against corruption, Albania has put in place a cross-cutting strategy and
    action plan against corruption for 2020-2023. The Ministry of Interior has adopted its 2022-
    2024 integrity plan. Authorities have increased the transparency and availability of digital
    services as all relevant information on access to the labour market and the entry or exit of
    foreign workers and self-employed people are available online. A co-governance platform is
    in place and enables people to denounce corruption in public services online.
    Chapter 3: Right of establishment and freedom to provide services
    EU natural and legal persons have the right to establish themselves in any Member State and
    to provide cross-border services. For certain regulated professions, there are rules on mutual
    recognition of qualifications. EU rules on postal services focus on improving the quality of
    universal service, gradual market opening to competition, and the establishment of an
    independent regulator.
    Albania is moderately prepared in the right of establishment and freedom to provide
    services. Limited progress was achieved in the reporting period, in particular in the field of
    freedom of establishment and free movement of services through the completion of the self-
    screening of the legislation that needs to be aligned with the Services Directive.
    In the coming year, Albania should in particular:
    → start amending the legislation to address the barriers to the freedom of establishment and
    free movement of services, which were identified in the self-screening exercise;
    → continue efforts to align its legislation with the EU acquis and ensure appropriate
    institutional capacity in the area of mutual recognition of professional qualifications.
    On the freedom of establishment and the free movement of services, Albania completed
    the self-screening of the existing legislation for the remaining 18 sectors to identify
    provisions that need to be aligned with the Services Directive. The entire legislative self-
    screening process covered 38 sectors and resulted in the identification of 112 pieces of
    legislation where amendments are needed to ensure their compliance with the Services
    Directive. The National Business Centre functions as a one-stop-shop for registering
    businesses and issuing licences, authorisations and permits. The e-Albania portal serves as a
    single contact point for electronic public services and as of May 2022, almost 95% of
    services are offered online.
    The national legislation on postal services is aligned with the EU postal acquis, where
    Albania has made good progress. Albaniais aligned with the Postal Services Directive since
    2017, following the abolishment of the reserved area and postal market opening to full
    competition, and has aligned with the Regulation on cross-border parcel delivery services in
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    June 2021. There is currently one universal service provider (Albanian Post SA) designated
    for a period of 5 years, starting from July 2020, and 33 other postal service providers on the
    market. The Electronic and Postal Communications Authority (AKEP) is the independent
    national regulatory authority responsible for the regulation and supervision of postal services
    in Albania.
    As regards aligning the professional qualifications framework with the acquis on the mutual
    recognition of professional qualifications, a roadmap on professional qualifications was
    finalised and remains pending adoption. Institutional capacity in this area still needs to be
    strengthened. The Albanian legislation currently regulates 331 professions/professional
    qualifications. In January 2023, Albania signed the Agreement on Recognition of Higher
    Education Qualifications and the Agreement on Recognition of Professional Qualifications
    for Doctors of Medicine, Dentists and Architects, along with the other Western Balkan
    countries, at the Berlin Summit.
    Chapter 4: Free movement of capital
    In the EU, capital and investments must be able to move without restriction, with common
    rules for cross-border payments. Banks and other economic operators apply certain rules to
    support the fight against money laundering and terrorist financing.
    Albania is moderately prepared in the area of free movement of capital. Some progress
    was made on the implementation of Moneyval's recommended actions and the Financial
    Action Task Force (FATF) Action Plan. In June 2023 FATF decided to propose an on-site
    visit, which took place in August and led to Albania’s delisting in October. Nevertheless,
    Albania should ensure that any future VTC law (including potential criminal amnesties)
    complies with the EU acquis and international standards. The issue of enabling EU citizens to
    acquire land remains unresolved. There was progress on further alignment of the national
    payment system legislation with the EU acquis, particularly in the area of the E-Money
    Directive, the Payment Account Directive and on increasing financial literacy.
    In the coming year, Albania should in particular:
    → ensure that any voluntary tax compliance legislation (including amnesties) is in alignment
    with the relevant EU acquis and international standards set by Moneyval and the
    Financial Action Task Force (FATF);
    → step up efforts to adopt the relevant legislation that would provide EU citizens with the
    right to acquire land, which is outstanding since 2016;
    → ensure fulfillment of the 2018-2023 national payment strategy; initiate the asessment for
    the mid-term strategic objectives.
    On capital movements and payments, Albania is lagging behind its commitment under the
    2006 Stabilisation and Association Agreement (SAA) to enable EU nationals and entities to
    acquire agricultural real estate, a step that has been due since 2016. Provisions that would
    regulate the acquisition of agricultural land by EU citizens, together with more clarity on
    ownership rights, would encourage more foreign investment in Albania.
    On payment systems, foreign banks can open branches and agencies in Albania and offer
    cross-border payments. Albanian legislation is partly aligned with the EU acquis on direct
    debits and credit transfers. The measures introduced by the Bank of Albania in the context of
    COVID-19 restrictions in March 2020 to reduce the costs of payment system services and to
    promote home banking remain in place as part of the national strategy on low-value
    payments.
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    Albania’s payment system committee, which is open to representatives of non-bank financial
    institutions and payment system operators, is implementing the 2018-2023 national retail
    payments strategy. The Law on payment services, designed to align national legislation with
    the EU Payment Service Directive II (PSD II) provisions on transparency conditions and
    information requirements for payment services, came into effect fully in July 2022.
    Implementing legislation has been adopted to further align with the acquis on e-money and
    on access to payment accounts, and to increase transparency and competition in the payment
    system market. In March 2023, implementing legislation came into force on the supervision
    of e-money institutions, which sets among others the rules on management of risks related to
    this activity, supervision and requirements on e-money issuers There are nine licensed
    electronic money institutions operating in Albania. The financial literacy of Albania’s adult
    population continued to improve in 2022 (69% of adults now have a payment account), as did
    the use of electronic payments (17.9 electronic transactions per adult, compared with 12 in
    the previous year). Further efforts are needed to increase e-payment transactions through
    credit cards, a service that is particularly in demand from the tourism sector, but which still
    remains expensive for businesses. Albania does not apply the rules of the Interchange Fee
    Regulation, as the government considers the penetration of electronic payments to be very
    limited and concentrated in the capital.
    On the fight against money laundering, Albania continued its efforts to address the
    deficiencies in technical compliance identified by the 2018 Moneyval mutual evaluation
    report. In its 4th
    enhanced report on Albania, released in June, Moneyval concluded that
    Albania has improved its measures on tackling money laundering and terrorist financing,
    strengthened transparency. The Law on money laundering is designed to be aligned with the
    EU acquis and the register of beneficiary owners is operational, though amendements
    extended the registration deadline to June 2022. Although the Financial Action Task Force
    assessed that Albania has substantially completed its 2020 action plan, the country remained
    on the FATF’s list of jurisdictions under increased monitoring as the draft VTC law
    (including a criminal amnesty) that Albania sent to them in early 2022 did not comply with
    FATF principles or best practices. In June 2023 FATF decided to propose an on-site visit,
    which took place in August and led to Albania’s delisting in October. Nevertheless, Albania
    should ensure that any future VTC law (including potential criminal amnesties) complies
    with the EU acquis and international standards. (See also chapters 24, Justice freedom and
    security and 16, Taxation).
    Albania has legislation in place on risk management standards and licensing requirements for
    financial institutions, including non-banks and foreign exchange bureaux, in line with
    Moneyval recommendations. Staffing levels at the Albanian Financial Intelligence Unit (the
    new name of the General Directorate for the Prevention of Money Launding after its
    renaming via amendments to the law on money laundering in July 2023) have increased. It
    has trained its employees on financial investigation techniques, asset tracing, seizure and
    confiscation, on risk-based implementation techniques, and on cybercrime prevention
    indicators.
    During 2022, the Bank of Albania continued its inspections to 70 foreign exchange offices
    (FEO) with the focus on observing the fulfillment of the requirements under the anti-money
    laundering (AML) legislation. Substantial discrepancies were identified in 23 foreign
    exchange offices, related to inadequate knowledge about the AML legislation requirements;
    inappropriate procedures for client identification, and deficiencies in maintaining supporting
    documentation of foreign exchange operations. The inspections concluded with 15 cases of
    fines and 8 cases of warning notices to the FEOs. There is a need to reinforce internal
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    operational procedures and improve evidence-recording of suspected cases, and an overall
    need for training of staff of the FEOs about the anti-money laundering legal requirements.
    Chapter 6: Company law
    The EU has common rules on the formation, registration and disclosure requirements of a
    company, with complementary rules for accounting and financial reporting, and statutory
    audit.
    Albania is moderately prepared in the field of company law. Limited progress was made
    mainly on further legislative alignment on transparency requirements for listed companies.
    As such, last year’s recommendations remain valid.
    In the coming year, Albania should in particular:
    → finalise the review of the existing legislation in the area of company law to identify
    amendments needed to complete alignment with the EU acquis, and make progress to
    introduce such amendments;
    → further align the legal framework on accounting, transparency and audit with the latest
    EU acquis in these areas.
    Although there is some alignment with the EU acquis in a range of company law and
    corporate governance areas, there was no legislative progress during the reporting period.
    Further alignment is needed with the 2019 Directive on the use of digital tools and 2019
    Directive on cross-border operations (mergers, divisions, conversions), as well as with rules
    on encouraging long-term shareholder engagement (2017 Directive), and gender equality on
    boards of directors (2022 Directive). A corporate governance code for listed companies still
    needs to be developed. The National Business Centre is responsible for company registration,
    allowing free online registration and online access to data. Many services are only offered
    online through the e-Albania electronic service window. The national business register should
    be ready to interconnect with the EU Business Registers Interconnection System upon EU
    accession.
    In the area of company reporting, the Law on accounting and financial statements is
    partially aligned with the EU Accounting Directive. The National Accounting Council
    monitors the enforcement of financial reporting and accounting standards. There are
    guidelines in place to comply with the EU Directive on disclosure of non-financial and
    diversity information by certain large undertakings and groups. Moving forward, Albania will
    need to align with the 2022 EU Directive on corporate sustainability reporting. The 2020 Law
    on capital markets provides specific transparency rules for listed companies regarding
    financial reporting, including fines in case of non-compliance. In January 2023, a regulation
    was adopted to further align with the acquis on transparency requirements for listed
    companies. Currently, there are no listed companies that are subject to these reporting
    requirements. On statutory audit, Albania should strengthen the capacity of the Public Audit
    Oversight Board in terms of staffing and funding and further align its framework with EU
    statutory audit rules.
    Chapter 7: Intellectual property law
    The EU has harmonised rules for the legal protection of intellectual property rights (IPR),
    copyright and related rights. Rules for the legal protection of IPR cover, for instance, patents
    and trade marks, designs, biotechnological inventions and pharmaceuticals. Rules for the
    legal protection of copyright and related rights cover, for instance, books, films, software and
    broadcasting.
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    Albania is moderately prepared on intellectual property rights. Some progress was made
    with improvements in the transparency of the functioning of collective management
    organisations (CMOs).
    In the coming year, Albania should in particular:
    → adopt the implementing legislation for the amendments to the Law on copyright and
    other related rights;
    → continue to improve the functioning of CMOs and the payment of royalties to right
    holders;
    → further align legislation on industrial property rights and the IPR enforcement system.
    In the area of copyright and related rights, the General Directorate of Industrial Property is
    responsible, which is in charge of registering, adminstering and promoting intellectual
    property objects, and the Copyright Directorate of the Ministry of Culture. The National
    Copyright Council, comprising five members appointed by the Minister for Culture, is
    responsible for certifying the tariff methodology.
    The April 2022 amendments to the Law on copyright and other related rights further aligned
    the legal framework with the EU acquis in the areas of orphan works, certain permitted uses
    of certain works and other subject matter protected by copyright and related rights, for the
    benefit of persons who are blind, visually impaired or otherwise print-disabled, and term of
    protection of copyright and certain related rights. The amendments also regulated the
    functioning of CMOs, including the distribution manner and percentage of the fee, as well as
    the remuneration collected by the CMOs. To apply the new amendments, Albania still needs
    to adopt the implementing legislation concerning the procedure and fair compensation for the
    use of orphan works as well as the database of copyright works.
    In March 2023, Albania adopted an act to make the functioning of CMOs more transparent
    and in June 2023, guidelines were adopted on the criteria and procedures of licensing and
    renewal of licensing of CMOs and the criteria and procedures for suspension and revocation
    of collective management license. In July 2023, the government adopted a decision on the list
    of equipment, fees and the right to remuneration for the reproduction of copyright works for
    private or other personal use. Albania is not yet aligned with the Directives on online
    transmissions of broadcasting organisations and retransmissions of television and radio
    programmes (SatCab II Directive), on copyright and related rights in the Digital Single
    Market (DSM Directive), and on the collective management of copyright and related rights
    and multi-territorial licensing.
    On industrial property rights, the 2022-2025 national intellectual property strategy is being
    implemented. Albania needs to further align its legislation with the acquis on patents, trade
    marks.
    In 2022, 1 165 national and 2 072 international applications to register trade marks were filed
    with the with the General Directorate of Industrial Property (compared with 1 404 and 2 107,
    respectively, in 2021). In 2022, 19 applications to register industrial designs were submitted
    to the General Directorate of Industrial Property (compared with 49 in 2021). There were 21
    applications for national patents in 2022, compared with 23 in 2021.
    The State Inspectorate for Market Surveillance (SIMS) is responsible for monitoring the
    enforcement of intellectual property rights. In 2022, the copyright division of SIMS carried
    out 350 inspections, resulting in 44 administrative sanctions. The SIMS industrial property
    division carried out 107 inspections in 2022, resulting in 28 administrative sanctions. The
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    SIMS division on industrial property rights adopted in April 2023 a manual on intellectual
    property inspection. In 2022, the customs administration suspended the release of 2 140
    products suspected of infringing IPR (compared with approximately 3 000 products in 2021).
    Chapter 8: Competition policy
    EU rules protect free competition. They include antitrust rules against restrictive agreements
    between companies and abuse of a dominant position, and also include rules on
    concentrations between companies which would significantly impede effective competition.
    EU rules also set out a system of State aid control. Governments are only allowed to grant
    State aid if restrictive conditions are met, with a view to preventing distortion of competition.
    Albania is in between some and moderate level of preparation in competition policy.
    There was no progress during the reporting period, including on legislative alignment with
    the EU acquis in the area of State aid. Despite recommendations in previous years, the
    operational independence of the State Aid Commission (SAC) has not yet been ensured. Its
    enforcement record needs to be significantly improved. Last year’s recommendations remain
    valid.
    In the coming year, Albania should in particular:
    → ensure the operational independence of the SAC and significantly increase the
    administrative capacity of the SAC’s secretariat;
    → further align the legislative framework in the area of State aid with the EU acquis;
    → step up efforts to raise awareness of the SAC with respect to line ministries and regional
    and local authorities to ensure prior notification of aid measures and strengthen the
    enforcement of State aid rules.
    Antitrust and mergers
    Albania’s legislative framework is broadly in line with the EU acquis and the SAA. The
    Law on the protection of competition is largely aligned with Article 101 TFEU (restrictive
    agreements) and Article 102 TFEU (abuses of dominant position). It also provides for prior
    control of mergers, in line with the Merger Regulation. Implementing legislation is broadly in
    line with the relevant EU regulations and Commission guidelines. In June 2023, the Albanian
    Competition Authority adopted a decision on an informal guidance aiming at alignment with
    the relevant Commission Notice on novel or unresolved questions concerning Articles 101
    and 102 of the TFEU that arise in individual cases.
    Regarding the institutional framework, the Albanian Competition Authority (ACA) is
    responsible for implementing the Law on the protection of competition. It is an operationally
    independent authority reporting to parliament. It can adopt implementing legislation, impose
    fines and remedies, prohibit mergers or authorise them, with or without conditions. Parties
    may appeal against the ACA’s decisions before the courts. On enforcement capacity, the
    ACA has maintained the total number of staff at 46, and staff have benefited from relevant
    workshops and training. On implementation, in 2022 the ACA took 99 decisions, including
    five on prohibited agreements, eight on abuse of a dominant position and 50 authorising
    concentrations. In the first half of 2023, ACA took 35 decisions, including two on a
    prohibited agreement and 23 authorising concentrations. In 2022, ACA assessed 30 draft
    legal assessments, mostly concerning legislation in the energy and gas market. During the
    reporting period, the ACA has carried out the preliminary and in-depth investigation
    procedures, in several sectors of the economy where dawn raids were conducted, including
    higher education, non-banking financial entities, digital production, transport-taxi services,
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    market of concrete production and importing and trade of vegetable oil.The ACA should
    continue to strengthen its enforcement of competition rules.
    State aid
    On the legislative framework, the Law on State aid largely reflects Articles 107 and 108
    TFEU. The implementing legislation is partially aligned with the EU acquis only in some
    areas e.g. the General Block Exemption Regulation. Further alignment with EU
    implementing legislation on State aid control is needed.
    Regarding the institutional framework, the SAC is responsible for implementing the Law
    on State aid. Its operational independence, which is required by the SAA, has yet to be
    guaranteed, given that it is an arm of the Ministry of Finance and Economy. The SAC can
    order the recovery of illegal and incompatible aid but has not done so to date. Its decisions
    can be appealed in the courts.
    The SAC’s enforcement capacity remains insufficient as the staffing of its secretariat needs
    to be significantly increased. On implementation, in the second half of 2022, the SAC
    approved four decisions on the authorisation of State aid In June 2023, the SAC approved a
    decision on authorising State aid in the field of photovoltaics. No negative or recovery
    decision was taken. The enforcement track record on State aid control needs to be
    significantly improved. Advocacy activities among grantors need to be stepped up to ensure
    prior notification of aid measures.
    Liberalisation
    The Law on State aid applies to all legal and natural persons performing an economic
    activity. There has been no investigation of State aid for public undertakings or undertakings
    with special or exclusive rights.
    Chapter 9: Financial services
    EU rules aim to ensure fair competition among, and the stability of, financial institutions,
    namely banking, insurance, supplementary pensions, investment services and securities
    markets. They include rules on authorisation, operation and supervision of these institutions.
    Albania is in between moderate and a good level of preparation in the area of financial
    services. Some progress was made on last year’s recommendation on improving collateral
    execution by bailiffs, as the pending legal issue on service fees was addressed, and there was
    also progress on the alignment of national capital market legislation with the relevant EU
    acquis, and on incorporating sustainable financing principles both in banking and non-
    banking strategic policies and objectives. The country should make further efforts to align
    with the financial services acquis, focusing on the priorities identified based on the current
    state of play. Some of last years’ recommendations remain valid.
    In the coming year, Albania should:
    → continue the work towards full alignment of the banking regulation with the revised
    versions of the EU acquis on CRR/CRD and BRRD;
    → step up efforts to further align the legislation in the fields of private pensions and on
    capital markets with the relevant EU acquis;
    → continue to work towards alignment with the Solvency II Directive;
    On banks and financial conglomerates, the Bank of Albania (BoA) continued to align its
    banking regulation with Basel III, especially on the capital adequacy ratio. It adopted
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    legislation designed to be aligned with the acquis on the internal liquidity adequacy
    assessment process, providing a regulatory framework to ensure adequate levels of liquidity
    reserves. National legislation on the capital adequacy ratio and on the net stable funding ratio
    of banks was further aligned with the acquis on new credit risk requirements.
    Albania’s legislation is partially aligned with the EU acquis on the recovery and resolution
    framework for banks. Albania should continue working towards full alignment with BRRD
    II. Regarding the implementation of the framework, as all banks now have resolution plans,
    the BoA carried out on-site bank inspections to strengthen their resolvability, and issued
    recommendations to the banks concerned. A 2023-2025 strategy on administration and
    supervision of financial risks related to the climate of financial sector was adopted in May
    2023.
    Albania’s legislation is partially aligned with the EU acquis on deposit guarantee schemes.
    Non-aligned areas include the maximum level of coverage, depositors excluded form
    coverage and pay-out period.
    In 2023, the Bank of Albania was invited by the Single Resolution Board to participate in
    resolution college meetings, for two banking groups with subsidiaries operating in Albania.
    As it was on the FATF list of jurisdictions under increased monitoring (see also chapter 4:
    Free movement of capitals for more details), Albania has not been assessed for banking
    equivalence under the Capital Requirements Regulation.
    The non-performing loan ratio continued to decrease (5% in December 2022 compared with
    5.6% in December 2021). The full implementation of the bankruptcy law enables further
    execution of the non-performing loan resolution strategy. The legal decision on bailiff fees
    also made it possible to adopt the collateral execution procedure.
    Eleven banks are currently operating in Albania (including two systemic banks which are
    subsidiaries of foreign groups), which has a system to identify systemically important banks
    in place that is similar to EU practice. The BoA has an investment policy on the financial
    assets of the resolution fund. The supervision and regulation system of the financial sector is
    ensured by the BoA and by the national financial supervisory authority (AFSA), which are
    independent institutions that are accountable to parliament. In 2022, BoA ensured 13 on-site
    supervision inspections (compared with 16 in 2021). Three more full-scope inspections on
    banks were conducted during the first half of 2023 and one partial inspection focusing on the
    implementation of the national standards on financial reporting. Four more partial inspections
    took place in the third quarter of 2023. There have been 81 on-site inspections between 2018
    and 2023, leading to recommendations to the respective entities. Albania needs to step up
    efforts to align its legislation on capital markets with the relevant EU acquis. In April Albania
    adopted a policy document on capital market development 2023-2027, and in August 2023
    AFSA adopted a 2023-2027 strategy foer the financial supervisory authority for financial
    literacy and financial inclusion.
    In the area of insurance and occupational pensions, national legislation on compulsory
    insurance in the transport sector is designed to align with the relevant EU acquis. National
    law provides for voluntary implementation of the bonus-malus (no claims bonus) system by
    insurance agencies. There is only a limited possibility to insure agricultural production
    against natural disasters (floods, droughts and fires). In September 2023, Albania adopted a
    Law on private pension funds, designed to be aligned with the EU acquis on the activities and
    supervision of institutions for occupational retirement provision (IORP II).
    The insurance market continues to be dominated by the non-life insurance companies (eight
    out of 12 insurance companies are non-life insurers, one of which carries out reinsurance
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    activities). Insurance market results were positive in 2022, mainly due to the good
    performance of the non-life insurance sector. Since March 2022, AFSA is a member of the
    International Association of Insurance Supervisors via an international supervisory
    cooperation and information exchange agreement. In June 2023 Albania completed a self-
    review of the level of compliance with the IAIS core principles. This concluded that Albania
    is fully compliant with 10 out of 24 principles and in other 12 as largely observed them. In
    May 2023 AFSA adopted a risk-based supervision manual for the insurance market. During
    the reporting period, AFSA signed two bilateral memorandums of understanding (MoUs) on
    the exchange of information and cooperation with their equivalents in Malta, Luxembourg
    and Austria. There are five pension funds in Albania that offer a voluntary private pension
    scheme. They had 36 518 registered members in 2022, an increase compared with 2021.
    Albania needs to step up efforts to align its legislation on private pensions with the relevant
    EU acquis.
    On the financial market infrastructure, the Albanian Stock Exchange, which is a private
    entity, only deals with government bonds. After its suspension in April 2022, the stock
    exchange is no longer registered as a licensed financial operator and is not operational. A
    central securities depository (AFISAR) remains in place, operated by the BoA. The Albanian
    securities registry (ALREG), a private company, ensures the settlement of non-government
    securities. ALREG is an indirect participant in the BoA’s Albanian interbank payment
    system. The agreement between the BoA and AFSA stipulates that the BoA is responsible for
    minimising systemic risk, and AFSA is responsible for investor protection. AFSA adopted
    the guarantee fund’s regulation, making the post-trade infrastructure fully operational.
    Albania’s legal framework on capital markets is partially aligned with MiFID II and with the
    acquis on transparency, market abuse, prospectuses, settlement and central securities
    depositaries. During the reporting period, Albania adopted four pieces of implementing
    legsilation designed to further align its capital market legislation with the EU aquis on
    transparency, on prospectuses and on investment firms.
    Albania’s capital market has two segments: i) government securities and ii) bonds issued
    through private placement. Thirteen entities currently operate in the Albanian capital market,
    all are banks apart from one central securities depository and the non-operational securities
    exchange.
    On the securities markets and investment services, AFSA continues to supervise securities
    markets in accordance with Albania’s Law on capital markets. Security markets in Albania
    consist mainly of government securities and bonds issued through private placements. The
    amount of bonds with private placements registered at ALREG reached EUR 90.5 million in
    December 2022. The launch of a digital platform in August 2022 makes it possible to provide
    investment services (the offering of treasury bills).
    In the area of sustainable and digital finance, while the 2023-2027 AFSA strategy includes
    priority actions with green/sustainable financing aspects, Albania should take further steps to
    accommodate sustainable finance aspects in its regulatory and legal financial framework. In
    addition, Albania should incorporate sustainable considerations in its disclosure regime for
    both non-financial and financial companies, in order to improve the availability of reliable
    data on banks’ credit risk exposures and, therefore, fully implement the Bank of Albania’s
    Medium-Term Strategy on the management and supervision of climate-related financial risks
    in the banking sector. The Bank of Albania is also cooperating with international institutions,
    such as the World Bank and the International Monetary Fund, to further integrate
    green/sustainable finance aspects in its regulatory framework. Albania should incorporate
    90
    sustainable and digital financing principles both in banking and non-banking strategic
    policies and objectives.
    Chapter 28: Consumer and health protection
    EU rules protect consumers’ economic interests and in relation to product safety, dangerous
    imitations and liability for defective products. The EU also ensures high common standards
    for tobacco control, blood, tissues, cells and organs, and medicines for human and veterinary
    use. The EU also has rules for upholding patients’ rights in cross-border healthcare and in
    preparing for and responding to cross-border health threats, including communicable
    diseases.
    Preparations are at an early stage in the area of consumer and health protection. There was
    only limited progress on last year’s recommendations, which remain relevant, via alignment
    to the EU acquis on serious cross-border health threats (though the implementing legislation
    remains to be adopted) and its integration in the EU COVID-19 surveillance system,.
    Significant progress still needs to be made to implement the One Health approach and all-
    hazard health preparedness, to strengthen the policy framework and ensure that everyone in
    Albania has quality healthcare coverage. Alternative dispute resolution bodies in regulated
    sectors are also now being ensured.
    In the coming year, Albania should in particular:
    → further align its legislation with the EU health acquis on substances of human origin, on
    medicines for human and veterinary use, and on tobacco control, and accede to the
    WHO’s Framework Convention Protocol to Eliminate Illicit Trade in Tobacco Products;
    → increase the financial and human resources in the health sector, specifically in primary
    healthcare and all-hazard health emergency preparedness, based on the lessons learnt
    from the COVID-19 pandemic to strengthen responses, both at central and local level;
    → guarantee equal access to quality health services for vulnerable populations, including
    Roma and Egyptian minorities, older people, people with pre-existing mental health
    problems, people with disabilities, rural or remote populations, in particular for women
    and girls who belong to these groups, who are often subjected to multiple forms of
    discrimination.
    Consumer protection
    On horizontal aspects, Albania needs to adopt its 2023-2030 cross-cutting strategy on
    consumer protection and market surveillance setting out its current consumer policy. The
    national legal framework in this area are Albania’s Laws on consumer protection and on
    general safety of non-food products, and relevant national implementing legislation.
    However, national legislation is not yet aligned with the EU acquis on package travel and
    linked travel arrangements or with the recent EU acquis on digital content. It is also not yet
    aligned with the revised EU acquis on the sale of goods or with the changes in the EU acquis
    brought by the Directive on better enforcement and modernisation of Union consumer
    protection rules. Consumer policy and legislation are implemented by the Consumer
    Protection Commission (CPC), the State Inspectorate of Market Surveillance (SIMS), the
    financial supervisory authority, alternative dispute resolution bodies in regulated sectors,
    local government, the civil aviuation authority and the legal authorities. CPC held three
    meetings in 2022 and addressed 22 cases, and 10 more cases were addressed during its
    meeting on April 2023. The CPC respective decisions were published in its website. Albania
    needs to increase human resources and capacity in many of these bodies, and improve
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    coordination between them. Albania is currently negotiating to join the EU consumer
    protection programme, under the EU single market programme.
    On enforcement and redress, Albania has not yet updated its legal measures to further
    extend the investigative and enforcement powers of competent authorities to align with
    Regulation 2017/2394 on cooperation between national authorities responsible for the
    enforcement of consumer protection laws. It is also not yet aligned with Directive 2013/11 on
    consumer alternative dispute resolution.
    On product safety, Albania’s Law on the general safety of non-food products is designed to
    be aligned with the EU acquis, apart from aspects only relevant to EU Member States,
    notably concerning obligations linked to Safety Gate, which is the EU rapid alert system for
    dangerous non-food products previously called ‘RAPEX’. Albanian legislation has a limited
    level of alignment with the acquis on product liability. The State Inspectorate for Market
    Surveillance was restructured in June 2020 and, although the number of posts increased from
    69 to 80 (69 staff are currently employed) it is still understaffed. It should continue to
    increase the number of staff, including inspectors. In 2022, over 11 000 market surveillance
    inspections were carried out in Albania, resulting in 179 fines, 38 urgent measures, and 58
    products being taken off the market.
    Public health
    On public health, Albania is implementing its 2021-2030 health policy and 2020-2025
    action document on primary healthcare; the latter aims to tackle health inequalities. The level
    of public spending on health remains low, at 3.04% of GDP and 9.47% of total government
    spending (according to 2022 government data), and is lower than in most countries in south-
    eastern Europe and the EU. Health funding prioritises curative care over preventive care and
    hospital-based treatment over primary healthcare. In Albania, average life expectancy at birth
    is higher for women than men (80.5 years versus 77.4 years), but women have shorter healthy
    lives than men (51.9 years versus 54.6 years), even though women are less exposed to some
    of the key health risk factors, such as smoking or alcohol abuse. Neonatal mortality in 2021
    was 7 per 1 000 live births, an improvement on 2020 (8 per 1 000) but still high compared
    with other countries in the region.
    The Ministry of Health and Social Protection and the National Agency of Information
    Society (NAIS) are responsible for e-health. The Ministry of Health and Social Protection
    operates an electronic system for collecting and reporting health information from medical
    records, based on the European Core Health Indicators. Albania’s e-prescription covers the
    description, registration, execution and reimbursement of prescriptions, and there is an e-
    warehouse system for pharmaceutical products. Albania also has an e-visit system to record
    patients’ visits to primary healthcare centres, an e-referral system to digitalise referrals, and
    an e-report system to automate electronic medical reports, which makes it possible to send
    electronic reports to employers and employees, and which includes e-signatures by doctors.
    Health statistics, health infrastructure, equipment and human resources remain inadequate,
    especially in rural areas.
    Albania’s legislation on blood, tissues, cells and organs is not fully aligned with the relevant
    EU acquis, and there is no system in place to report alerts, serious adverse reactions or events
    or to provide feedback. Albania has a national blood transfusion centre, regional blood
    centres and blood banks for collection and distribution, comprising 31 entities in total.
    Albania has a kidney transplant programme in place, as well as a national protocol on the
    issue. Albania does not yet have the capacity for transplants from deceased donors or for
    corneal donations.
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    On tobacco control, national legislation on tobacco products is designed to be aligned with
    the EU acquis, but Albania still needs to accede to the World Health Organization’s
    Framework Convention Protocol to Eliminate Illicit Trade in Tobacco Products, and to
    further align its other tobacco legislation with the EU acquis.
    In the field of serious cross-border health threats including communicable diseases, the
    legal base is designed to be in line with the EU acquis, but relevant implementing legislation
    still remains to be adopted. While Albania has an antimicrobial resistance action plan, the
    COVID-19 pandemic demonstrated significant shortcomings. It stretched the system’s
    capacity to provide immediate access to medical supplies, protective equipment, and
    stretched the digital infrastructure required to maintain essential services and protect
    healthcare personnel and patients, demonstrating a lack of resources. Albania isa signatory to
    the EU Joint Procurement Agreement on medical countermeasures. It is part of the European
    COVID-19 Surveillance Network, reporting COVID-19 data to the European Surveillance
    System (TESSy) managed by the European Centre for Disease Prevention and Control
    (ECDC). It is also part of the European Centre’s viral respiratory disease surveillance
    networks, in which it reports on several communicable diseases. Albania should, however,
    improve the timeliness and completeness of the reported data it provides. In late 2022,
    Albania introduced HPV vaccination for 13 year-old girls.
    Albania’s legislation on patients’ rights in cross-border healthcare is not yet aligned with
    the EU acquis, while its legislation on medicines for human and veterinary use is partly
    aligned. There was no significant progress on standards in the pharmaceutical sector. There is
    still no specific legislation to address the risk of counterfeit medicines in the legal supply,
    although some provisions are in place to address this risk. Additional efforts are needed to
    protect the public from counterfeit medical products and to improve cross-border cooperation
    on sustainable access to medicines and their correct use. There were no developments or
    expertise available on paediatric medical products, medical products for diagnosis, orphan
    medical products, medical products based on genes (gene therapy), cells (cell therapy) or
    tissues (tissue engineering). Albania needs to increase investment and capacity building in
    this sector.
    On preventive measures, a national cancer control plan is in place. Appropriate structures
    for cancer screening are in place, but a cancer registry has still not been created. There is a
    breast cancer screening programme, which includes systematic examinations for women
    between 50 and 60 years of age, along with free, on demand, clinical breast examinations.
    Screening forolorectal cancer is conducted as part of a free check-up programme offered
    annually to all Albanian citizens aged between 35 and 70 years of age. In September 2023
    Albania adopted the 2023 – 2026 mental health action plan, which aims to promote care
    mental health and well-being for all citizens.
    On nutrition and physical activity, malnutrition remains a critical issue, especially for
    children and pregnant women. Albania needs to develop a nutrition plan and raise awareness
    in schools and community centres of the risks of malnutrition. On drug abuse prevention
    and harm reduction, prevention activities are only sporadic, and should be conducted in a
    more systematic way. The National Drug Observatory, established in 2011, should be given
    adequate resources to function fully.
    On health inequalities, implementation of the 2020-2025 primary healthcare strategy should
    provide better access to healthcare services for vulnerable communities, as well as increased
    community primary healthcare coverage, giving priority to vulnerable groups. Health
    inequalities have a particular impact on women, especially women from rural areas and
    disadvantaged communities, women with disabilities, Roma and Egyptian women (who face
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    problems of access to abortion), LGBTIQ people and migrant women. Further efforts are
    needed to provide healthcare to people with disabilities and to populations in rural and remote
    areas, and to improve mental health services for children. The national plan for equality,
    inclusion and participation for Roma and Egyptians 2021-2025, designed to improve their
    access to healthcare, is ongoing. There has been a slight increase in the number of Roma and
    Egyptians in informal settlements benefiting from health services. However, the recently
    established post of Roma and Egyptian health mediator is not yet operational and they
    continue to face barriers in accessing health services. Health insurance coverage for Roma
    and Egyptians remains low.
    On anti-corruption regarding consumer protection, agencies and the customs administration
    that ensure market surveillance have rules on transparency, ethics and conflicts of interest,
    and are subject to audits. Ass regards public health there are specific anti-corruption measures
    in place for cosmetics, and there are systems in place to control pharmaceutical
    manufacturers and to track veterinary medicine stocks. The national medicines agency has a
    range of anti-corruption and whistle blower provisions in place.
    CLUSTER 3: COMPETITIVENESS AND INCLUSIVE GROWTH
    This cluster covers: digital transformation and media (Chapter 10); taxation (Chapter 16);
    economic and monetary policy (Chapter 17); social policy and employment (Chapter 19);
    industrial policy (Chapter 20); science and research (Chapter 25); education and culture
    (Chapter 26); and customs union (Chapter 29).
    There is a moderate level of preparation in Albania in many areas linked to competitiveness
    and inclusive growth, namely digital transformation and media, taxation, social policy and
    employment, enterprise and industrial policy, education and culture and customs union.
    Albania has some level of preparation science and research. The country has made good
    progress in digital transformation and media, by joining the digital Europe programme in
    2023, and on enterprise and industrial policy as well as limited progress in the area of
    taxation. The country is in between a moderate and a good level of preparation on economic
    and monetary policy, as the governance and monetary policy of the Bank of Albania were
    appropriate and effective to deal with the crisis caused by Russia’s war of aggression against
    Ukraine; more efforts are required regarding its independence. With only limited progress
    made on the customs union, more efforts are required as well in pursuing the fight against
    smuggling, corruption and imports of counterfeit products.
    This cluster and the reforms concerned have significant links to Albania’s economic reform
    programme. Socio-economic reforms must be pursued to help address the existing structural
    weaknesses, low levels of competitiveness, high unemployment, and the economic impacts of
    the Russian war of aggression against Ukraine.
    Chapter 10: Digital transformation and media
    The EU supports the smooth functioning of the internal market for electronic
    communications, electronic commerce and audiovisual services. The rules protect consumers
    and support the universal availability of modern services.
    Albania is moderately prepared in the field of digital transformation and media. Good
    progress was made on following up the recommendations of last year’s report, with the
    implementation of the 2022-2026 digital agenda and e-government services offering 95% of
    public services online. A Law on electronic communication is yet to be adopted to align with
    the new European Electronic Communications Code. The Law on audiovisual media was
    amended in May 2023, to align with the 2018 EU Directive on audiovisual media services
    94
    ensuring country’s continuous participation in Creative Europe Programme. The Law on
    electronic identification and trust services is yet to be adopted. In 2023, Albania signed the
    association agreement joining the Digital Europe programme and introduced coding as a
    subject for students in the first grade.
    In the coming year, Albania should in particular:
    → complete the extension of the 112 emergency number to the whole country;
    → adopt relevant legislation to implement the new European Electronic Communications
    Code and enact the law on cybersecurity to ensure closer alignment with the EU Directive
    on measures for a high common level of cybersecurity across the Union (NIS II);
    → improve the collection of statistical data on digital performance and digital
    competitiveness.
    On electronic communications and information and communications technologies
    (ICT), limited progress was made in implementing the 112 single European emergency
    number. An interinstitutional working group was set up to prepare a draft Decision for the
    Council of Ministers on rolling out 112 across the country.
    In 2022, fixed internet broadband reached 585 285 entities (535,049 household subscribers
    and 50,236 businesses), up 5% from 2021. The penetration rate was about 21% of the
    population, with 80% of households covered by fixed broadband connections. There is still a
    gap in fixed internet broadband penetration between urban and rural areas. Only 20% of total
    number of fixed broadband connection is in rural area, while the rural area population is
    about 40%. The mobile penetration rate at the end of 2022 was 77% compared with 73% at
    the end of 2021. By the end of 2022, there were 2.14 million active users of mobile
    broadband, slightly up from 2021 (2 million).
    In the area of information society services, the strategic documents of the 2022-2026 digital
    agenda of Albania are in line with the EU Digital Decade programme. Authorities need to
    adopt the new Law on Electronic Communications to align with the 2018 European
    Electronic Communications Code Directive.
    Albania concluded an agreement for its association to the Digital Europe Programme in June
    2023. On digital skills, coding has been introduced in 100 schools from the first grade for the
    2022-2023 academic year, by setting up 100 smart labs in schools across the country.
    As regards online public services, during the reporting period 95% of applications for 1 217
    public services were done online, with 7 833 332 e-sealed documents downloaded in 2022 by
    more than 2.8 million registered users on the e-Albania portal. Of these, only about 1.5
    million are active users. This adds up to 14 276 256 individual uses of e-services in 2022.
    Authorities need to ensure and facilitate equal access to online services for all citizens and to
    enhance efforts to align with the Digital Services Acte and Digital Markets Act.
    Albania concluded discussions on the allotment of bandwidth with neighbouring countries in
    September 2022, while the migration strategy was also developed in 2022. The Ministry of
    Infrastructure and Energy (MIE), along with the Electronic and Postal Communications
    Authority, made an assessment on the building permit for electronic communication
    networks. Amendments to the Decision of the Council of Ministers on building permits for
    electronic communications networks were adopted, aiming to simplify the process to grant
    permits for the deployment of the 5G network. In July 2022 an interinstitutional working
    group on the release of Digital Dividend 2 was set up, which is responsible for coordinating
    activities and for proposing to the competent bodies all the pieces of implementing legislation
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    that will be necessary to carry out this initiative including the release of the 700 MHz band.
    In December 2022, Albanian operators signed the cooperation agreement to reduce data
    roaming charges between the Western Balkans and the EU. The Law on electronic
    identification and trust services, needs to be adopted.
    In response to the large-scale cyber-attacks that were detected in July and September 2022,
    the government has begun to considerably strengthen its cybersecurity architecture, including
    by appointing a National Coordinator for Cybersecurity, setting up a government
    Cybersecurity Operations Centre, developing a new, yet to be adopted, Law on cybersecurity
    aiming to further align with the NIS2 directive. The list of critical information infrastructures
    and important information infrastructures, as approved by the Decision of the Council of
    Ministers, has increased from 140 to 289, and now covers sectors such as government,
    energy, health, finance, transport, digital and water supply. The 2020-2025 national strategy
    for cybersecurity and its action plan are in place. The National Authority on Electronic
    Certification and Cybersecurity is preparing to set up a national operations centre for cyber
    defence, including by appointing a National Coordinator for Cybersecurity and allocating
    additional resources. A government cybersecurity operations centre was created within the
    National Agency for Information Society and is responsible for cybersecurity incidents and
    crises within governmental systems. Albania concluded agreements on cybersecurity with
    Israel, Saudi Arabia and the United Arab Emirates. Authorities need to further strengthen
    cyber security capacities including through awareness raising activities and trainings. Stonger
    cooperation with the private sector and civil society is needed.
    Albania still needs to improve the collection of statistical data on digital performance and
    digital competitiveness.
    On audiovisual policy, in May 2023 authorities adopted amendments to the Law on
    audiovisual media, aligning with the EU’s 2018 Audiovisual Media Services Directive, thus
    ensuring the country’s continued participation in the Media and Cross-sectoral strands of the
    Creative Europe programme. In July 2023, the Audiovisual Media Authority approved the
    new Broadcasting Code defininig principles, rules, requirements and practices of audio and
    audiovisual broadcasting in Albania.
    In March, the MIE approved the action plan on integrity risk management for 2022-2025,
    while the National Authority on Electronic Certification and Cybersecurity, the Electronic
    and Postal Communications Authority and the MIE have in place their respective
    transparency programmes.
    Chapter 16: Taxation
    EU rules on taxation cover value-added tax, excise duties as well as aspects of corporate
    taxation. They also cover cooperation between tax administrations, including the exchange of
    information to prevent tax evasion.
    Albania is moderately prepared in the area of taxation. Limited progress was made,
    through some streamlining of excise rates, consolidation of the scope of the fiscalisation
    process and in the effective implementation of financial account information with EU
    Member States in line with the OECD Global Standard. The adoption of the new income tax
    law aims at partial alignment with the anti-tax avoidance and merger directives. The country
    remained on the FATF’s list of jurisdictions under increased monitoring as the draft tax and
    criminal amnesty law that Albania sent to them in early 2022 did not comply with FATF
    principles or best practices. In June 2023 FATF decided to propose an on-site visit, which
    took place in August and led to Albania’s delisting in October. Nevertheless, Albania should
    ensure that any future VTC law (including potential criminal amnesties) complies with the
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    EU acquis and international standards. Albania committed to amend or abolish the industrial
    incentive regime by 31 December 2023, since it has been identified as a potentially harmful
    tax regime within the scope of the Forum on Harmful Tax Practices.
    In the coming year, Albania should in particular:
    → reduce tax expenditures, in particular due to exemptions;
    → simplify the taxation system to further encourage more tax compliance;
    → amend or abolish by 31 December 2023 the industrial incentives regime, considered as a
    potentially harmful tax regime within the scope of the Forum on Harmful Tax Practices.
    On indirect taxation, the standard VAT rate is 20% and the reduced rates are 6% and 10%.
    There remains a substantial number of exemptions not forseen in the EU acquis. In 2022, in
    response to the energy price crisis, Albania exempted from VAT the import and sale of
    electricity through the Albanian power exchange. In addition, the import and supply of
    firewood were also exempted from VAT until the end 2023. The quarterly total of VAT
    refund arrears is published regularly. The total of outstanding VAT reimbursement arrears
    was almost entirely cleared by the end 2021, and this has remained so in 2022, thanks in part
    to the use of an automated risk-based procedure.
    Excise taxation is partially aligned with the EU acquis. As of July 2022, the excise level for
    liquefied gas is unified, irrespective of purpose of use. In 2023, the reduced rates for small
    producers of beer and spirits were abolished. The excise duty for accumulators was removed
    in 2022.
    The new calendar for cigarette excise rates, approved in November 2021, continued to be
    applied. It envisages a 15% increase over 4 years to approximately EUR 65 per 1 000
    cigarettes by 2026, thus gradually aligning with the EU minima, which currently stands at
    EUR 90 per 1000.
    On direct taxation, financial institutions are legally required to calculate, withhold and
    declare income tax on income from savings. On corporate income tax, a number of provisions
    are partially aligned with the Anti-Tax Avoidance Directive. In March 2023, Albania adopted
    the Law on Income Tax in March 2023, which is partially aligned with provisions of EU
    Directives on anti-tax avoidance and mergers.
    Albania has committed to amend or abolish by 31 December 2023 the industrial incentives
    regime.
    Although the Financial Action Task Force assessed that Albania has substantially completed
    its 2020 action plan, the country remained on the FATF’s list of jurisdictions under increased
    monitoring as the draft tax and criminal amnesty law that Albania sent to them in early 2022
    did not comply with FATF principles or best practices. In June 2023 FATF decided to
    propose an on-site visit, which took place in August and led to Albania’s delisting in October.
    Nevertheless, Albania should ensure that any future VTC law (including potential criminal
    amnesties) complies with the EU acquis and international standards’.On administrative
    cooperation and mutual assistance, Albania ratified a Double Taxation Agreement with
    Finland in 2023 and signed a double taxation agreement with Slovakia in May 2023. Albania
    is yet to conclude double taxation agreements with Denmark, Cyprus, Lithuania, Portugal.
    The Law on automatic exchange of information on financial accounts is partially aligned with
    the relevant 2014 EU Directive. Albania has automatically exchanged financial account
    information with 77 jurisdictions (including 24 EU Member States) in 2022 and has received
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    information from 68 jurisdiction (of which 21 EU member States) within the framework of
    the OECD common reporting standard.
    Regarding operational capacity, the number of vacancies in the tax administration remains
    high, up from 155 vacancies in 2022 to 181 in March 2023. The annual training programme
    is needs-based and 1 040 employees of the General Direct orate of Tax (GDT) received
    training in 2022. Computerisation of the fiscalisation process is considered fully complete.
    All B2G, B2B and B2C transactions are carried out only through the fiscalisation system and
    the information is reported in real time to the tax administration. Efforts need to be kept up to
    ensure and increase compliance and to increasingly use the available data in tax monitoring
    and risk assessments.
    Chapter 17: Economic and monetary policy
    EU rules require the independence of central banks and prohibit them from directly financing
    the public sector. Member States coordinate their economic policies and are subject to fiscal,
    economic and financial surveillance.
    Albania is in between moderate and a good level of preparation in the area of economic
    and monetary policy. It made some progress as the governance and monetary policy of the
    Bank of Albania were appropriate and effective to deal with the crisis caused by Russia’s war
    of agression against Ukraine. It made progress on last year’s recommendations to improve
    government’s policy coordination and consultation mechanism with non-governmental
    stakeholders, though it still needs to improve the effectiveness of its stakeholder
    consultations. The lower number of budget amendments improved the credibility of the
    budget process. However, alignment of the Law of the Bank of Albania with the EU acquis
    was postponed. Alignment of government and national accounts to ESA2010 increased, and
    Excessive Deficit Procedures notifications improved (Albania regularly submits this on a
    best-effort basis). However, significant improvements are still needed to achieve full
    compliance with ESA 2010.
    In the coming year Albania should, in particular:
    → align the legislation on the personal independence of the Bank of Albania’s governor as
    well as on monetary financing of the public sector with the EU acquis;
    → improve intra-governmental coordination mechanisms and the effectiveness of its
    non-governmental stakeholders consultations;
    → begin reporting on long-term fiscal sustainability of its social security system.
    On monetary policy, the Law on the Bank of Albania (BoA) sets out BoA’s primary
    objective as achieving and maintaining price stability. The inflation target is 3%. The BoA is
    financially independent, with sufficient instruments, competence and administrative capacity
    to conduct an effective monetary policy. It has a fully operational supervisory council,
    appointed by and accountable to the parliament which act independently. However the
    personal independence of the central bank governor is only partly aligned with the EU
    acquis. Monetary policy is conducted within a free-floating exchange rate regime using a
    standard set of instruments: i) open market operations; ii) standing facilities; and iii) required
    minimum reserves. Albanian legislation allows the BoA to provide limited financing to the
    government under certain conditions, which is not in line with the EU acquis, though this
    option was not used since 2010. The planned alignment with the EU acquis was postponed in
    view of the recent external shocks, the shallow secondary market for government securities
    and persisting high short-term government debt roll-over needs.
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    The BoA continued to normalise its monetary policy in response to inflation overshooting its
    target since March 2022 by gradually increasing the main policy rate up to 3% in March
    2023, and raising the rates for overnight deposit and lending facilities by 1.9pps and 3.1pps
    respectively. It continued to provide liquidity to the economy (the unlimited provision of
    liquidity to the economy was stopped early 2022), and continued to publish the calendar as
    well as quarterly statements of its interventions in the foreign exchange and money markets.
    Increasing interest rates for commercial bank loans and deposits indicate the effective
    transmission of the monetary policy normalisation.
    In November 2022, the supervisory council of the BoA approved the bank’s updated 2023-
    2025 Medium-Term Development Strategy, as well as its 2023-2025 budget. This includes
    the objective to strengthen BoA’s independence, governance, transparency and accountability
    in accordance with the the gradual alignment with of the EU acquis. In particular, it aims at
    further aligning its governance standards on its internal audit by including the use of updated
    International Financial Reporting Standards (IFRS), operational risk management, business
    continuity management. It also foresees promoting the further development of the secondary
    market for government securities, to improve the general conditions for domestic government
    financing. Given the changed external and financial situation, BoA stated that it will continue
    its intermediary activity of buying and managing of Government securities accounts from
    households, revising its plan of the 2022 strategy to phase out this activity. On 1 March 2023,
    BoA approved its 2022 annual report, which includes its externally audited financial
    statements, and subsequently presented to the national parliament’s economic and financial
    committee.
    In the area of economic policy, Albania has complied with its set of fiscal rules since 2016. It
    added a new numerical rule to achieve a neutral or positive primary balance from 2024,
    which considerably strengthens the fiscal rules framework. The 2023-2025 medium-term
    fiscal framework foresees compliance with all fiscal rules. Albania has no independent fiscal
    institution to monitor compliance with its fiscal rules and the quality of its forecast, instead it
    is obliged by law to use the IMF’s forecast for nominal GDP as basis for calculating the
    public debt-to-GDP ratio and other fiscal indicators. This is not in line with the EU acquis.
    Budget implementation is regularly audited by the Supreme State Audit Institution. In 2022
    Albania used secondary legislation four times, instead of the regular legislative process, to
    amend its budget, but did not introduce any budget amendment in the first half of 2023.
    The presentation and publication of the annual budget includes a medium-term fiscal
    framework with a 3+ year horizon on a rolling basis, a forecast of government debt and of the
    macroeconomic development, as well as a fiscal risk statement. The accompanying “citizens
    budget” includes a list of public investment projects and PPPs. The budgetary framework’s
    macro-fiscal analysis could be improved and the addition of long-term fiscal sustainability
    indicators. Budget preparation involves all governmental units, but the expenditure plans of
    local governments are not detailed in the framework. Budget planning improved in 2023,
    being based on the previous year’s actual fiscal outcome, instead of using the previous year’s
    budget plan.
    Albania submitted its Economic Reform Programme (ERP) 2023-2025 on time and adopted it
    on 1 March 2023. The publication of the draft ERP for consultation was two weeks late and
    the lack of comments to the report underlines the need to upscale outreach to civil society and
    improve stakeholders’ awareness of the ERP process. The mandatory publication of the
    government’s draft documents, including notifications, regulatory impact assessment reports,
    explanatory notes and public consultation reports on the online platform increased
    governmental transparency. However, the lack of public comments on the platform shows
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    that the government also needs to organise direct exchanges with stakeholders and to
    demonstrate that they are taken into account. In this context Albania made progress by
    mapping the stakeholders of the line ministries by end 2022 in order to notify them about
    public consultations in their area of interest. In addition, oversight and quality control of the
    public consultation process are being reorganised within the government. Albania still needs
    to improve the overall effectiveness of its stakeholder consultation and its inter-institutional
    coordination mechanism.
    National account statistics are partially in line with European System of National and
    Regional Accounts (ESA 2010), but substantial further work is necessary to improve
    alignment and compliance of both the annual sector accounts and financial accounts. Albania
    provides 12 of 14 indicators for the macroeconomic imbalances procedure (MIP scoreboard)
    of a medium compliance level. In cooperation with the Ministry of Finance and the Bank of
    Albania, the Albanian statistical office INSTAT is compiling the excessive deficit procedure
    statistics (EDP) and the government finance statistics (GFS). Work on both complilations is
    continously progressing, but substancial further work is necessary to reach the full
    compliance with the ESA2010 requirements. Albania regularly submits most of the excessive
    deficit procedure notification tables to Eurostat on a best-effort basis but not for publication
    and without completed questionnaires. The Albanian statistical authorities should lift the
    embargo on publishing the GFS data submitted to Eurostat. From October 2022, Albania has
    transmitted EDP tables through the new “Albanian Integrated GFS Compilation System”
    (AIGCS), which aims to improve data consolidation across the government units and data
    consistency.
    Chapter 19: Social policy and employment
    EU rules in the social field include minimum standards for labour law, equality, health and
    safety at work and non-discrimination. They also promote social inclusion and social
    protection, and social dialogue at EU level.
    Albania is moderately prepared on social policy and employment and made good progress
    during the reporting period, increasing the quality and effectiveness of labour market
    institutions and improving access to jobs. In line with last report’s recommendations, the new
    2023-2030 national employment and skills strategy was adopted. It focuses on the quality of
    jobs, skills development and better matching of demand with supply in the labour market.
    The national implementation plan for the Youth Guarantee scheme was approved, as an
    annex to the 2023-2030 national strategy. Efforts should continue on strengthening the social
    protection system, alongside the labour market measures.
    In the coming year, Albania should:
    → adopt the new 2023-2030 strategy for occupational health and safety, with a focus on
    strengthening institutional capacity to effectively enforce compliance with the legislation,
    and adopt the 2024-2030 national social protection strategy;
    → begin piloting the Youth Guarantee targeting youth unemployment, especially young
    people who are not in education, employment or training (NEETs), and start to roll it out
    into full implementation;
    → increase the budget allocation, implementation and monitoring of the social fund,
    strengthen the capacity of local government, and revise the procurement procedures for
    social care services.
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    On labour law, implementation of the law as amended by the 2015 Labour Code is ongoing.
    On labour inspection activities, 22% of the planned inspections during the previous year
    were first time inspections while the total number increased significantly in 2022 to 10 154
    (up from 7 039 in 2021), detecting 1 799 undeclared workers (1 092 in 2021). Progress was
    made on promoting the e-inspection platform, which increased the quality of labour
    inspections, however more efforts are needed to reduce informality. In 2022, 13.4% of
    inspection cases found no violation. Although the State Labour and Social Services
    Inspectorate stepped up efforts to build human resource capacity through training and
    monitoring, the capacity of the social services inspectorate remains very limited. In 2022, 135
    inspections of social care services were carried out.
    On child labour, the system for monitoring child labour and other forms of exploitation, and
    the coordination of law enforcement between the Agency for the Protection of Children’s
    Rights and the Labour Inspectorate, is weak.
    On health and safety at work, efforts need to be stepped up to ensure the further alignment
    of the national legislation with the EU acquis. Authorities need to strengthen their
    institutional capacities and inspections processes. Albania needs to develop a new 2023-2030
    strategy for occupational health and safety in line with the EU strategic framework on health
    and safety at work 2021-2027 and its priorities.
    On social dialogue, in May 2022 the Council of Ministers approved the Decision ‘On the
    determination of employers' organisations and trade union organisations in the National
    Labour Council’, and in July 2022 the Ministry of Finance and Economics issued an order
    ‘On the appointment of members and candidates of the National Labour Council, and
    representatives of employers' and employees' organisations. Progress was made on
    strengthening the capacity of the newly assigned staff of the National Labour Council’s
    secretariat. However, the specialised commissions of the National Labour Council are yet to
    become operational. Efforts were made to enhance the tripartite collaboration between the
    State Labour and Social Services Inspectorate, trade unions and business organisations.
    On employment policy, Albania is implementing the new 2023-2030 national employment
    and skills strategy, adopted in March 2023.
    Labour market indicators improved in 2022. Employment increased by 3.9% on average in
    2022, up from a 0.5% increase in 2021. All sectors have experienced higher employment
    rates. During the fourth quarter of 2022, the employment rate of people aged 15-64 was
    65.5%, up from 62.1% in the fourth quarter of 2021. Despite the improvement in the
    employment rate in recent years, Albania lags EU averages. The employment rate has
    especially improved among women (61.4% in Q4-2022), but the unemployment rates of
    women and young people remain high. Gender inequality in employment remains
    problematic, with the employment rate for men exceeding the rate for women by 10.4%. In
    the fourth quarter of 2022, the employment rate for young people aged 15-29 was 44.6%
    (47.5% for men and 41.8% for women). Despite an increase of 1.8% compared with the
    previous year, youth employment lags the rest of the adult population.
    The unemployment rate in the fourth quarter of 2022 was 11.0% (11.0% for men and 11.1%
    for women) decreased by 0.4% compared to the fourth quarter of 2021. The structure of the
    Ministry of Finance and Economy (MoFE) was revised in 2023 to add resources to the
    General Department for Employment and Skills. MoFE still needs to fill all vacant positions.
    The National Agency for Employment and Skills (NAES) filled 70% of its vacancies by the
    end of 2022. In 2022, 15 658 adult participants attended vocational training out of which 7
    191 were females. In 2022, 26 808 registered unemployed jobseekers found a job through
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    labour offices compared with 24 158 in 2021. As of May 2023, 17 935 young people not in
    employment, education or training (NEETs) were registered in the NAES database. In 2022,
    Albania continued to implement the reformed employment promotion programmes packages
    in all regions, with a focus on the most vulnerable people. A new programme to subsidise the
    development of digital skills was adopted and began operating. Progress has continued with
    the Social Employment Fund, which aims to help persons with disabilities to find work.
    According to the Albanian National Institute of Statistics (INSTAT), in 2022 23.4% of young
    people registered as neither in employment, education or training (NEET) were looking
    for work, up from 22.9% in 2021. The relevant authorities adopted the action plan to
    implement the Youth Guarantee, which focuses on NEETs. The official unemployment rate
    in 2022 for young people aged 15-29 was 20.7%, compared with 20.9% in 2021. It rose by
    0.9% in the fourth quarter of 2022 compared with 2021.
    On the employment of persons with disabilities, the 2023-2030 national employment and
    skills strategy states that the levy on employers who do not fill their quota of employees with
    disabilities will be collected through the tax system.
    On social protection and inclusion, the MoHSP continued its efforts to consolidate the
    economic aid scheme (a scheme for social assistance payments to households experiencing
    poverty), implementing a new biopsychosocial evaluation system for persons with
    disabilities, and to reform the system social care service. MoHSP needs to finalise the
    evaluation of the current social protection strategy and progress with the design of the new
    2024-2030 national strategy on social protection, in consultation with stakeholders. Progress
    was made on the implementation of the exit strategy for recipients of economic assistance
    (Ndihma Ekonomike). A protocol for making referrals is in place and the regional actors are
    profiling beneficiaries of working age.
    There is some progress in implementing the strategy on social protection, in terms of rolling
    out the reform of the biopsychosocial assessment of persons with disabilities and reaching
    more beneficiaries through social care services. The total budget in 2023 of the social
    protection programme has increased by 5% compared with 2022. The effectiveness of the
    targeting of the economic aid scheme needs to be assessed through field research and by
    using microdata from Eurostat on income and living conditions and from household budget
    surveys, to identify groups in need that do not yet benefit from the scheme. Authorities need
    to finalise the impact assessment of the adequacy of exit strategy benefits, increase their
    amounts, establish a mechanism for their annual indexation and implement the roadmap on
    the revision of benefits that will be based on this assessment. With the amendments to the
    Law on social assistance, adopted in 2022, additional social protection measures were
    introduced to mitigate the effects of Russia’s war of aggression against Ukraine. The social
    resistance package approved in March 2022 included EUR 48 million as an additional
    contingency fund for vulnerable groups. The percentage of population receiving basic
    package of social care services has been increased from 0.2% in 2019 in 1.5% in 2023.
    The MoHSP needs to strengthen its efforts on monitoring the 2021-2025 national action plan
    on persons with disabilities. Since 2023, reform of the biopsychosocial evaluation is being
    implemented throughout the country, with 36 multidisciplinary commissions in 12 regions.
    On the inclusion of Roma and Egyptians, following the approval of the new 2021-2025
    national action plan for equality, inclusion and participation of Roma and Egyptians in
    Albania, in 2023 employees in line ministries, regional directorates, municipalities and other
    local institutions were trained on how to report progress indicators in the ROMALB
    electronic system (242 officials are active users). However, the institutional capacity of
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    MoHSP, in charge of the coordination of Roma-related policies, remains weak in terms of
    human resources. Roma and Egyptians continue to face skills-related challenges in the labour
    market. A significant proportion of unemployed people registered for economic assistance
    have not completed primary education. The inclusion of Roma in jobs in the public
    administration needs to improve.
    The MoHSP prioritised the reform of the digitalisation of social care services through the
    National Electronic Register of Social Care Services, which has not been fully operational
    since July 2022 due to the cyberattack on all government data systems.
    All 61 municipalities have approved local social care plans. Authorities need to ensure that
    social services are established and functioning across all municipalities. . During 2022, 27
    community-based social care services at municipality level have been set up and 13
    specialised services at county level. For 2023, 13 community-based social care services at
    municipality level and 13 specialised services at county level have benefited the continuation
    of financial support. For 2023, the Social Fund’s budget increased to EUR 2.8 million, 50%
    increase compared to 2022. Nevertheless, local governments, frequently lack the funding and
    resources to effectively set up manage and implement social services.
    On non-discrimination in employment and social policy, Albania and the ILO signed the
    2023-2026 decent work country programme, which aims to address key problems around
    working conditions and social protection such as the work accidents, effective protection at
    work by setting up effective mechanisms to tackle violence and harassment, low levels of
    wages, and insufficient coverage of the social security system.
    On equality between women and men in employment and social policy, according to
    INSTAT’s labour force statistics for the fourth quarter of 2022 there is a gender employment
    gap of 11.6% for the group aged 15-64 years old. 69.1% of women participate in the labour
    force, compared to 80.7% of men. In 2022, the labour force participation rate for women
    increased by 5.9% for women and 3.0% for men compared with the same (fourth) quarter of
    2021. The National Council for Gender Equality approved in June 2023 the Action Plan for
    the implementation of 'Women, Peace, Security' 2023 – 2027 resolution.
    On fighting corruption, in April 2022 the MoHSP adopted its integrity strategy. The
    Institute of Social Security has a code of ethics in place. Authorities use online services in
    order to increase transparency such as the Economic Aid System platform which manages the
    state database for economic assistance and the process to apply for and grant economic
    assistance.
    Chapter 20: Enterprise and industrial policy
    EU industrial policy strengthens competitiveness, facilitates structural change and
    encourages a business-friendly environment that stimulates small and medium-sized
    enterprises (SMEs).
    Albania is moderately prepared in the area of enterprise and industrial policy. Some
    progress was made on the implementation of the recent legislation on micro, small and
    medium enterprises, on start-ups, and on the continuation of the business support
    programmes in line with the business and investment development strategy. Despite these
    improvements, and the government’s ongoing efforts to tackle the informal economy and
    corruption, the recommendations in the 2022 report were only partly addressed.
    In the coming year, Albania should, in particular:
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    → further address the main challenges to the business environment by reducing the
    regulatory burden, increasing the participation of businesses in the funding programmes,
    reducing the informal economy and corruption, and increasing business support services;
    → accelerate the full alignment of national legislation with the EU acquis on late payments;
    → adopt the unified investment Law and address the challenges to competitiveness and
    growth that were highlighted in the joint recommendations of the economic reform
    programmes of 2023-2025.
    Albania continues to implement its 2021-2027 business and investment development
    strategy, which focuses on SME development and innovation; investment, attractiveness and
    internationalisation; and human capital development. It is also implementing its 2020-2024
    inclusive and sustainable industrial development programme. Together, the business and
    investment development strategy and the inclusive and sustainable industrial development
    programme create the strategic framework for Albania’s enterprise and industrial policy.
    Albania follows the implementation of the EU Small Business Act (SBA) and takes SBA
    recommendations into account when drafting SME policy. A 3-year action plan (2022-2024)
    to implement the mining strategy was also adopted in June 2022. Albania is implementing its
    2017 national strategy on innovation and technology and is currently drafting a smart
    specialisation strategy. The Law on start-ups in innovation was amended to set up the state
    start-up agency, and to cover digital nomads.
    The business community asserts that the key persistent challenges that harm the business
    climate are corruption; the informal economy and unfair competition; the lack of
    transparency in public procurement procedures (especially for public-private partnerships);
    the lack of predictability of legislation; bureaucracy, and an inefficient public-private
    consultation mechanism. Lengthy court procedures also remain a concern, despite progress
    on justice reform. Issues with property titles remain a persistent obstacle to foreign investors.
    Other areas that need to be addressed include the weak diversification of exports and a high
    dependency on imports. Businesses also face obstacles due to a lack of skilled workers and
    access to finance. They in turn need to adjust to modernisation and green process,
    digitalisation, innovation, and to e-commerce.
    Despite the increased business costs, companies have responded positively to the
    government’s decision to increase the minimum wage, as a way to keep workers, particularly
    in labour-intensive companies. The tax administration continued its efforts to tackle the
    informal economy by expanding the taxpayer base, enforcing compliance and working to
    create a level-playing field for economic operators, including in the tourism and construction
    sectors. According to Labour Inspectorate data for 2022, the tourism (hotel, bar and
    restaurant sector had the highest exposure to informal employment accounting for 44% of
    total cases identified, followed by manufacturing with 25% and construction with 21%. Due
    to intensified efforts to tackling informal employment, the number of identified informal
    workers increased by over 64% in 2022 compared 2021. More efforts are also required to
    increase productivity in the economy and to improve the business climate.
    Albania continues to privatise state assets, partly through privatisation vouchers which are
    currently valid until December 2023. The Law on the establishment and operation of
    economic zones and the Albanian Investment Corporation enable the environment to develop
    projects to revitalise old state-owned sites by attracting investment, though no progress has
    been made on the adoption of the unified investment Law. In November 2022, a government
    decision established the Tirana Economic Development Area (TEDA), which is expected to
    attract investors in the automotive, information and communication technology, and
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    electronic equipment industries. In June 2023 the wining company to develop TEDA was
    chosen after a compteitive procedure. During the reporting period the national strategic
    investment committee, chaired by the Prime Minister, continued to adopt decisions on cases
    of investors benefiting from the status of strategic investor, mainly in the area of tourism.
    In the area of enterprise and industry policy instruments, the Albanian Investment
    Development Agency operates an online platform to help businesses access information on
    financing opportunities. The agency also provides training on e-commerce and has published
    a digital self-assessment tool and guidance to help SMEs start e-businesses and e-commerce.
    Regarding entrepreunerships skills, intensive trainings for startuppers are offered by the
    Albanian Information Society Agency through ‘TechSpace’, and enterpreneurship has been
    added innto the pre-university curriculum. Albania is implementing a 2021-2024 action plan
    on the facilitation and development of e-commerce, through establishment of an inter-
    ministerial working group, in line with the commitments among CEFTA parties.
    Further amendments to the Law on late payments enterred into force in May 2023 in order to
    regulate late payments on transactions between farmers and the agro-companies that collect,
    process and export agricultural products. This is expected to also help to formalise
    transactions in this sector. Further alignment with the EU acquis needs be ensured as soon as
    possible, especially to address issues related to proof of property ownership property (titles),
    and recovery procedures for unchallenged claims. Albania’s definition of SMEs is partly
    aligned with the EU one, on the number of employees, however national capacity to support
    SMEs remains limited. On policy indstruments, negotiations on Albania’s participation in the
    EU “Single Market Programme” are underway.
    On sectoral policies, Albania continues to implement the 2019-2023 national strategy and
    action plan for sustainable development and tourism, and in June 2023 it launched the mobile
    application for tourism events in Albania (TEA). Some progress was made in identifying
    niche markets in the export area. Issues related to transport costs, simpler export procedures,
    market research and advice on improving product diversification, are all areas that need to be
    further addressed. Albania continued to provide incentives for the agro-processing industry
    which faces challenges including labour shortages and low levels of mechanisation,
    digitalisation and innovation. In June 2023, the government introduced fiscal relief measures
    for export-oriented businesses who faced high costs due to local currency (ALL)’s
    appreciation against Euro by almost 7 % between January-May 2023, allowing for
    postponement of profit tax payment in 2024. Albania also adopted a 2022-2026 cross-sectoral
    strategy and action plan on the digital agenda. Investors are increasingly interested in
    renewable energies, partcularly since the adoption of the Law on renewables and the
    establishment of the Albania Power Exchange. Further clarity on the categorisation of land
    used for agricultural purposes and land that can be rented or used to produce renewables were
    introduced in the amended Law on protection of agriculture that was adopted in July 2023.
    Chapter 25: Science and research
    The EU provides significant support for research and innovation. All EU Member States can
    participate in the EU’s research and innovation programmes and benefit from them,
    especially where there is scientific excellence and solid investment in research and
    innovation.
    Albania has some level of preparation in the area of science and research. Some progress
    was made over the reporting period, by setting up a national team to develop the smart
    specialisation strategy and by strengthening innovation support measures such as ensuring
    sufficient funding to the start-up fund and further progressing the entrepreneurial discovery
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    process of the smart specialisation strategy. Last year’s recommendations have not been fully
    addressed and therefore remain valid.
    In the coming year, Albania should in particular:
    → increase investment in research, in line with its own commitments and the new European
    Research Area priorities;
    → complete the smart specialisation strategy, adopt the 2023-2030 national strategy on
    scientific research and innovation and adopt the new law on scientific research;
    → produce statistics and reliable data on science and technology.
    On research and innovation policy, the interinstitutional working group monitoring the
    implementation of the 2017-2022 national strategy for scientific research, technology and
    innovation recommended open online access for all scientific publications financed by public
    funds. The working group also recommended revising the implementing legislation to create
    legal and fiscal incentives to encourage businesses to finance scientific research. The new
    2023-2030 national strategy on scientific research and innovation, which aiming at
    addressing these recommendations (which are in line with the new European Research Area),
    needs to be adopted. Albania needs to adopt the new law on scientific research.
    Albania increased funding for scientific research to 0.08% of GDP in 2023, up from 0.05% in
    2022 and 0.04% in 2021, however this is still far below the target 1% of GDP by 2030.
    Research funding as a percentage of public expenditure amounted to 0.17 % of GDP in 2022.
    INSTAT needs to produce a complete data set on scientific research and innovation.
    The methodology to increase funding for research and science needs to be further developed
    and aligned with the EU acquis. Information on the budget allocated for R&D has not yet
    been published due to the poor quality of data. In April 2023, for the first time, the National
    Agency for Science Research and Innovation launched a call for proposals to implement the
    university-business cooperation programme. Albania needs to further strengthen its research
    and innovation capacity at national level, by promoting links between academia, industry and
    government, and in the fields of open access and open data. A new Law on the creation,
    organisation and operation of technology and science parks was also adopted in July 2022.
    Since 2022, the start-up fund has been managed by the Minister of State for the Protection of
    Entrepreneurship. The fund granted EUR 2.5 million to 58 beneficiaries in 2022.
    The qualitative and quantitative phase was completed for the development of a smart
    specialisation strategy. However, the second phase of the entrepreneurial discovery process
    remains to be finalised. The Deputy Prime Minister’s Office is now responsible for
    coordinating the development of the smart specialisation strategy.
    On the EU framework programmes, Albania is fully associated to Horizon Europe. Its
    participation in the programme in 2022 has improved since Albania has been participating in
    the EU’s Framework Programmes for Research and Innovation (9 projects with a total
    funding of EUR 1.7 million). The authorities need to make efforts to further increase
    participation of the private sector in Horizon Europe. National innovation efforts should be
    aligned with the new European innovation agenda. Albania needs to strenghten its efforts in
    participating in the activities of the European Institute of Innovation and Technology (EIT).
    Regarding transparency, the Ministry of Education and Science has created an electronic
    register for inquiries recording 45 exchanges in the first quarter of 2023. Authorities have
    established a contact point to denounce corruption and abuse of EU funds.
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    Albania needs to make further efforts to produce reliable data on research and innovation.
    Albania was included for a second consecutive year in the European Innovation Scoreboard
    as an emerging innovator facing however a decrease in its score from 41.7% in 2022 to
    41.1% of the EU average in 2023.
    Chapter 26: Education and culture
    The EU supports cooperation in education and culture through funding programmes and the
    coordination of Member State policies through the ‘open method of coordination’. The EU
    and the Member States must also prevent discrimination and ensure quality education for
    children of migrant workers, including those from disadvantaged backgrounds.
    Albania is moderately prepared in the field of education and culture. Some progress was
    made, with further strengthening the new National Agency for Employment and Skills, and
    the continued restructuring of the National Agency for Education, Vocational Training and
    Qualifications. The new 2023-2030 national strategy on employment and skills and the new
    2022-2029 national youth strategy place an emphasis on improving the quality of Vocational
    Education and Training (VET) and increasing the skills of young people. Further efforts are
    required to strengthen the quality and inclusiveness of education, while appropriate resources
    should be allocated to ensure that the new policy reforms are implemented. The
    implementing legislation of the Law on cultural heritage and museums is still to be finalised.
    Some of last year’s recommendations were not fully addressed and remain valid. In the
    coming year, Albania should in particular:
    → ensure sufficient resources for the optimisation of the VET system in line with the needs
    of the labour market;
    → improve the professional development and training of teachers and trainers, with a focus
    on pedagogical skills related to the implementation of the competence-based inclusive
    approach and digitalisation from pre-primary to university level, including VET
    education;
    → adopt the implementing legislation for the Law on cultural heritage and museums.
    On education and training, the reconstruction of the educational facilities damaged by the
    2019 earthquake remained a priority. During the reporting period, 17 education facilities were
    repaired. Currently, 79 educational institutions have been either reconstructed or repaired,
    while work is ongoing on 105 institutions. The Ministry of Education and Sports (MoES) has
    based its anti-corruption policy on transparency through digitalisation, by implementing its
    transparency programme, by monitoring and auditing through internal and external audit
    mechanisms, and by strengthening integrity with the adoption of integrity plans for the MoES
    and the Ministry of Culture in April 2022. Greater efforts are needed to efficiently manage
    the resources offered by donors and funding from the state budget.
    The MoES planned the progressive design and implementation of information and
    communication technology (ICT) programmes for the first time, starting from the first grade
    in 2022. 100 schools in Albania were equipped with smart labs, and 1 200 ICT teachers were
    trained. The authorities need to make further efforts to reduce the digital divide across all
    communities and among vulnerable people. Authorities need to strengthen efforts towards
    effective, coherent and inclusive digital transformation of the education and training systems
    in Albania, including the capacity of the systems to develop digital skills.
    The MoES reported that public spending on education represented 3.2% of GDP in 2022,
    while the forecast for 2023 and 2024 is 2.9% and 2.8% respectively (considerably lower than
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    the EU average 5%). The MoES developed guidelines on career education in the pre-
    university education system, which includes activities and job descriptions for career
    guidance in schools. The Agency for Quality Assurance in Pre-University Education carried
    out the evaluation of 34 pre-university education institutions.
    The net enrolment rate (NER) in primary education in 2021-2022 was 88.3%, slightly down
    on the year before (90.5%). The NER for lower secondary education was 87.4% in 2021-
    2022 compared with 87.1% in the previous year. There has also been a decline in the NER of
    students in upper secondary education, at 77.6% in 2021-2022 compared with 78% in the
    year before. The NER of children in pre-primary education in 2021-2022 was 78.8%, up from
    72.9% the year before.
    On inclusive education, the number of children with disabilities in public and private
    educational institutions (starting from preschool education) has increased to 4 748 students.
    In 2022-2023, the number of assistant teachers for students with disabilities in the public pre-
    university education system went up by about 17% compared with the previous year (1 300
    assistant teachers in total). The need remains for more assistant teachers and a better quality
    of education, especially in remote non-urban areas. In 2023, Albania amended the Law on
    pre-university education including provisions on students with disabilities and on
    transforming schools into resource centres. In 2022, the MoES offered 141 scholarships in
    pre-university education to children at risk of dropping out. Since the school year 2022-2023,
    ICT oriented secondary education is offered in Albanian sign language.
    Gender gaps still exist in education as, according to INSTAT, the enrolment rate in
    compulsory education is 98.7% for boys and 92.7% for girls. Participation in upper secondary
    education is higher for boys than girls, at 98.7% and 89.9% respectively. whereas for higher
    education the participation rate is higher for girls (73.2%) than for boys (49.6%). In
    vocational education, approximately 82% of graduates are males. VET providers must
    follow the code of ethics in accordance with the national legislation, while ethics committees
    have been set up in all education providers.
    The participation of Roma and Egyptian children increased in pre-university (13 499 in
    2022-2023 against 13 086 in 2021-2022) and decreased in early childhood education (2 150
    in 2022-2023 in both public and private sectors against 2 514 2021-2022). The measures
    planned to facilitate access to universities (such as the quota system and waiving university
    fees) are in general not being implemented. Greater efforts are needed to improve
    coordination between the local and central levels on preschool education.
    The 2022-2029 national strategy for youth was adopted in October 2022. It integrates the
    empowerment through self-defence approach as part of the extra-curricular programs of
    public schools. This approach aims to promote behavioural changes in communities, in
    relation to issues such as gender-based violence, by fostering skills that promote the
    emotional, psychological and physical safety of young women and men. The selection of
    Tirana as European Youth of Capital 2022 enhanced the local and national ecosystem for the
    development of youth policies.
    The 2023-2030 national strategy on employment and skills, adopted in 2023, prioritises the
    systematic engagement of the private sector in vocational education and training, and the
    development of green and digital skills through a lifelong learning system that allows for
    effective upskilling and reskilling activities.
    On vocational education and training (VET), the authorities consolidated the relevant
    institutional framework, by further reinforcing the National Agency for Employment and
    Skills, and by further restructuring the National Agency for VET and Qualifications and
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    increasing its resources. Further efforts are needed to ensure adequate staffing in both
    agencies; to improve the quality assurance framework and to strengthen planning and
    monitoring at central level. In 2023, several VET providers were restructured. The
    optimisation plan for VET providers, endorsed in 2020, lacked the necessary resources to be
    implemented. Despite promotional activities and support to help students from rural areas
    participate in VET, attendance fell in the 2022-2023 school year, with 16 811 students
    enrolled in vocational schools (2 634 female and 14 177 male) compared with 18 279
    students (2 714 female and 15 656 male) in 2021-2022. The authorities need to take action to
    address the skills mismatch and to intensify efforts to make VET more relevant to the needs
    of the labour market. In January 2023, the MoES approved a career orientation guide for
    students in the ninth grade to improve information, education and career counselling in
    scools. Enrolment of vulnerable groups in VET also decreased to 6 022 (1 743 female) from
    9 392 (1 330 female) in 2021-2022.
    Albania continued to participate in Erasmus+ and the European Solidarity Corps. Albania
    benefits from the international dimension of the 2021-2027 Erasmus+ programme. In 2022,
    approximately 900 higher education staff members and 1 280 students from Albania were
    selected to undertake a mobility period in EU Member States or associated third countries to
    the programme. The number of higher education capacity-building projects selected for
    funding increased from 12 in 2020 to 17 in 2022. For the first time, higher education
    institutions were eligible to participate in the call for proposals for the European universities
    initiative. Albania is participating in the European Education Area working groups 2021-
    2025.
    Regarding the culture sector, the 2019-2025 national strategy is being implemented. During
    the reporting period the national register of Albanian intangible cultural heritage was
    published. This was created pursuant to the Convention for the Safeguarding of the Intangible
    Cultural Heritage, and published for the first time in an online format. The relevant
    authorities adopted implementing legislation on the creation and administration of the
    database of stolen cultural assets, and rules on monitoring and evaluating entities that have
    cultural assets under administration. The authorities need to adopt the remaining
    implementing legislation of the Law on cultural heritage and museums to make the law fully
    operational.
    Albania continued to participate in the EU 2021-2027 Creative Europe programme. Albania
    needs to accelerate the adoption of implementing legislation and to ensure the effective
    implementation of the Law on cultural heritage and museums, in line with the principles of
    the framework for actions for cultural heritage.
    Chapter 29: Customs union
    All Member States are part of the EU customs union and follow the same customs rules and
    procedures. This requires legislative alignment as well as adequate implementing and
    enforcement capacity and access to the common computerised customs systems.
    Albania is moderately prepared in the area of the customs union. Limited progress was
    made on the authorised economic operator programme and preparatory work for the
    development of the New Computerised Transit System. Last year’s recommendations remain
    valid.
    In the coming year, Albania should in particular:
    → approve legal provisions and develop the New Computerised Transit System;
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    → continue efforts in pursuing the fight against smuggling, corruption and imports of
    counterfeit products, including by strengthening administrative capacity and improving
    cooperation between the bodies involved;
    → accede to the WHO Framework Convention on Tobacco Control Protocol to Eliminate
    Illicit Trade in Tobacco Products.
    On customs legislation, Albania’s customs code is broadly aligned with the EU acquis.
    However, the levying of scanning fees for each customs declaration continues to contravene
    the Stabilisation and Association Agreement, which prohibits customs duties or charges with
    an equivalent effect on trade between the EU and Albania.
    Preparatory work for the development of a National Single Window and a New
    Computerised Transit System continued through cooperation with international experts in this
    area. A legal analysis has been carried out and procurement procedures have begun.
    Albania is implementing its authorised economic operator programme, with 11 AEOs in June
    2023 (and 9 applications under examination). Awareness raising activities on the benefits or
    the programme continued. Protocols for mutual recognition of authorised economic operators
    were signed with Serbia and North Macedonia in 2022. A memorandum of understanding
    was signed between the Albanian Customs Administration and the Italian Customs and
    Monopolies Agency in September 2022, improving customs cooperation with respect to
    goods transported by sea. A protocol was signed with Kosovo Customs allowing it to conduct
    the clearance of goods destined for Kosovo at offices in Durrës and Porto.
    Since September 2021 Albania has been applying the new transitional rules of preferential
    origin of the Pan-Euro-Mediterranean Convention on bilateral trade with the EU.
    The Customs Code's provisions on valuation are aligned with EU rules. The risk management
    system is automated and compares import, export and transit data against active risk profiles.
    The underlying automated system for customs data is being upgraded to improve risk
    analysis. The legislation on customs enforcement of intellectual property rights is harmonised
    with the EU acquis.
    As part of the anti-fraud effort, it is recommended that Albania accedes to the WHO
    Framework Convention on Tobacco Control Protocol to Eliminate Illicit Trade in Tobacco
    Products.
    The national rules on cash and goods transported in travellers’ baggage still differ from the
    EU acquis as regards the amounts to be declared and the declaration form. The Albanian
    customs administration can impose sanctions for non-declarations or mis-declarations of cash
    at the border.
    On administrative and operational capacity, so far five officials of the customs authority
    have been certified by the EU Agency for Law Enforcement Cooperation, as users of and
    trainers for the secure information exchange network application. The INES+ (intelligent
    adaptive traffic control) system has been operational for managing cases of infringement of
    intellectual property rights, with a view to stepping up the fight against imports of counterfeit
    products. By the end of 2022, 38 out of 41 customs services were accessible online through
    the e-Albania portal.
    In terms of prevention of corruption, the customs authority’s new structure entered into
    force in May 2022 to address challenges that had been observed, such as the lines of
    reporting to the anti-corruption coordinator. In May 2023 the customs authority published a
    ‘green book reporting on progress in 2022 and highlighting priorities for the following year.
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    CLUSTER 4: THE GREEN AGENDA AND SUSTAINABLE CONNECTIVITY
    This cluster covers: transport (Chapter 14); energy (Chapter 15); trans-European networks
    (Chapter 21); and environment and climate change (Chapter 27). Albania is in between
    moderate and a good level of preparation on energy. It has some level of preparation in the
    areas of transport, trans-European networks and environment and climate change. The
    country has made some progress in the areas of energy and trans-European networks, notably
    on the reform of the electricity market and in developing transport and energy networks.
    Limited progress was made in the areas of transport and environment and climate change.
    Addressing the issues of climate change by strengthening green transition policies, pursuing
    efforts in sustainable hydropower generation and ensuring sustainable connectivity, constitute
    fundamental priorities for economic integration within the region and with the European
    Union. This cluster and the reforms concerned have significant links to Albania’s economic
    reform programme, the Commission’s economic and investment plan for the Western
    Balkans and the green agenda for the Western Balkans.
    Chapter 14: Transport
    The EU has common rules on technical and safety standards, security, social standards, State
    aid and market liberalisation in road transport, railways, inland waterways, combined
    transport, aviation and maritime transport.
    Albania has some level of preparation in the area of transport policy, with limited progress
    achieved in the reporting period. The recommendations from last year have been partly
    addressed, with some progress in adopting implementing legislation in the rail sector and
    with further measures to improve the quality and performance of the vessels under the
    Albanian flag. Albania has completed around 80% of the measures of the Roadmap for
    improving the performance of the Albanian fleet.
    Continued efforts are needed to further align the legislation and to move the Albanian flagged
    fleet out of the black list under the Paris Memorandum of Understanding on port state
    control. The recommendations from last year remain valid.
    In the coming year, Albania should in particular:
    → adopt the new 2021-2025 national transport strategy and its action plan and adopt the new
    road safety strategy in compliance with the transport community road safety action plan;
    → implement legislation on the railway sector reform, in compliance with the transport
    community rail action plan;
    → accelerate concrete measures to improve the performance of maritime transport vessels
    under the Albanian flag.
    Regarding the general transport acquis, the new national transport strategy and its action
    plan for 2021-2025 still needs to be adopted. On alignment of the transport policy with public
    service obligations and the acquis on public service contracts, guidelines remain to be
    adopted for further alignment with the acquis on public passenger transport services. More
    efforts are required to fully implement the intelligent transport systems (ITS) Directive, boost
    multimodality and implement relevant national laws in compliance with the Transport
    Community action plans. Albania continued the preparation of a national ITS strategy for rail
    and maritime modes. ITS equipment for roads has been procured and is to be installed in new
    premises, which are under construction For larger transport agglomerations, sustainable
    urban mobility plans which respect environmental and social standards should be developed
    following EU practice.
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    Albania continued to actively participate in the work of the Transport Community Treaty
    (TCT). However, it has shown a slow implementation rate of the five TCT action plans and
    dedicated smart and sustainable mobility strategy for the Western Balkans.
    Administrative capacity needs strengthening throughout the transport sector, particularly in
    the rail sector. Since January 2023, the Albanian Civil Aviation Authority has set-up a new
    organisational structure, aiming to better fulfil its duties and functions. Legislative updates
    are required to complement the reform of the Albanian Road Authority. In December 2022,
    the government approved the structure and the organisation chart of the National
    Investigation Authority for Rail and Maritime Accidents and Incidents. Available funds for
    road and railway infrastructure maintenance remain insufficient, resulting in continued
    deterioration of infrastructure conditions. Continued efforts are required to support the 2018-
    2022 rail maintenance plans.
    When revitalising the ports in Albania, attention shall be paid to prevent corruption as an
    enabler to infiltrate transportation and logistics chain with criminal networks.
    On road transport, further efforts are needed to align with the acquis on electronic road toll
    systems and road fee enforcement. Road safety remains a serious concern with casualties
    above the EU average, work is still needed to tackle the discrepancy between the national
    statistics and the significantly higher WHO estimate. Albania needs to allocate sufficient
    financial resources to establish a road crash data system in line with the Care Database.
    Further efforts are needed to improve the inter-institutional coordination mechanism
    including the establishment of a road traffic safety agency. Albania should also make further
    efforts to align with the EU acquis on social transport legislation, notably the Directive for
    posting of drivers in the road transport sector.
    Albania completed the alignment of its legislation on periodic roadworthiness tests, but still
    has to further strengthen its inspection capacity. The rules of traffic on electric scooters and
    of bicycles have been unified, aiming to strengthen road safety of such new category of
    vehicles in road. Some efforts were made regarding road safety education. Action on road
    safety has been taken, including road signs and marking, to improve safety on road sections
    and intersections. Tendering has been completed for construction of the traffic monitoring
    centre and installation of ITS for 200 km of main road network, and is expected to be
    operational in 2024. Albania is partialy aligned with the Directive 2008/96/EC on road
    infrastructure safety management.
    On railway transport, the Railway Safety Authority began its operations in September 2023
    by abolishing the Railway Inspection Directorate but it is not yet completely functioning
    since the staffing process is ingoing. The Railway Regulatory Authority is not yet functional,
    and the certificates and safety authorisations cannot be issued according to the EU acquis.
    Albania still needs to ensure full operability of the rail network and complete the institutional
    framework for the four new rail companies: infrastructure manager, passenger transport
    operations, freight transport operations and maintenance, based on the law adopted in July
    2021.
    Albania also needs to finalise and adopt the strategic framework for implementing ITS on the
    core rail network. Albania published its Network Statement in 2022 and this should also
    cover the part of the network located in port areas. Albania needs to complete the
    establishment of the electronic register of vehicles and the rail infrastructure asset
    management system (RIAMS). On train drivers, Albania adopted the Guideline on the
    professional training in the professional training centres of railway personnel who exercise
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    safety functions, conditions and procedures for testing, licensing and certification of drivers,
    which is partially aligned with the EU acquis.
    On maritime transport, continued efforts are required to substantially improve the quality of
    the Albanian flagged fleet and to thereby reduce the detention rate of Albanian-flagged
    vessels, in order to remove Albania from its current position on the black list of poor flag
    performance. During last year Albania improved its position in the Paris Memorandum of
    Understanding on Port State Control, moving up from very high – risk to moderate, but still
    in black list.
    While Albania has completed around 80% of the measures of the roadmap for improving the
    performance of the Albanian fleet, it has yet to fully align with the acquis on the EU vessel-
    traffic monitoring and information system (VTMIS), based on the strategic framework for
    implementing ITS on the core maritime network. Albania has made significant progress with
    respect to the implementation of the EU Port Services Regulation and efforts are underway to
    achieve the full compliance of its legal framework by 2025 There were still no new
    developments regarding inland waterway transport, which is limited to two lakes shared
    with neighbouring countries, and regulated by bilateral agreements. On aviation, to comply
    with the requirements for the first transitional phase under the European Common Aviation
    Area Agreement (ECAA), Albania still needs to address the findings raised by the EU
    Aviation Safety Agency (EASA) during its standardisation inspection in 2022 on air traffic
    management (ATM) and air navigation services (ANS).
    The Albanian Civil Aviation Authority has a new structure since January 2023, aiming to
    improve its operability. Currently, oversight duties are covered by outsourced staff. New
    Ministerial Orders have been adopted on the approval of the national civil aviation security
    quality control programme and on the national civil aviation security training programme.
    Alignment with the EU ATM/ANS acquis is still not complete and, where the relevant rules
    are formally aligned, implementation is incomplete. Legislation on passenger rights is largely
    aligned with EU legislation.
    On combined transport, Albania has not aligned with the related EU directive and has yet to
    provide references to national legislation that have been aligned with the EU acquis. The
    2021-2025 national transport strategy, which includes the priority measures for intermodal
    and combined transport, is yet to be adopted.
    Albania should increase efforts to align with and implement the EU passenger rights
    legislation.
    Chapter 15: Energy
    EU energy policy covers energy supply, infrastructure, the internal energy market,
    consumers, renewable energy, energy efficiency, nuclear energy and nuclear safety, radiation
    protection and nuclear safeguards.
    Albania is in between a moderate and a good level of preparation in the area of energy. In
    the reporting period, there was some progress on reforming the day-ahead and intra-day
    electricity markets and progress in holding auctions for renewables projects.
    Limited progress was achieved in the gas sectors and regional interconnection lines. In the
    context of the global energy crisis, these efforts, as well as energy-efficiency measures,
    should be accelerated, taking into account Albania’s commitments under the Paris Agreement
    and the need to engage in the clean energy transition, in line with the Green Agenda for the
    Western Balkans.
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    Albania still needs to adopt all the missing implementing legislation on energy efficiency. No
    new energy-efficiency funding mechanisms have been put in place. The energy-efficiency
    agency’s role, capacities and operations need to be further strengthened. Albania has adopted
    new energy and climate targets for 2030.
    Last year’s recommendations have not been addressed and remain valid. In the coming year
    Albania should in particular:
    → ensure full access to the liberalised market for all customers connected to 20 kV in 2022,
    progressively extend this access to all customers and sell and buy electricity to cover
    distribution losses on the ALPEX power exchange;
    → update and implement the 2020-2030 national energy and climate Plan (NECP), as part of
    the 2030 decarbonisation roadmap, and ensure that the Albanian renewable energy
    operator is operational by the end of 2023; strengthen the capacity of the Energy
    Efficiency Agency and continue drafting and adopting implementing legislation,
    including establishing the energy-efficiency obligation scheme, and adopting the labelling
    regulations. Proceed with the comprehensive assessment of the potential of high-
    efficiency cogeneration and district heating, in line with its obligations under the Energy
    Efficiency Directive;
    → Transpose and implement the Electricity Integration Package adopted by the Energy
    Community Ministerial Council in December 2022.
    On security of supply, Albania is still moderately prepared but its oil stock legislation is not
    in line with the EU acquis. Two regulations to align the existing industry-related model with
    the EU oil acquis, prepared in cooperation with the Energy Community, need to be adopted.
    Progress is needed to create a central stockholding body for oil. Albania should align with the
    acquis on the minimum stocks of crude oil and petroleum products required for security of
    supply. Furthermore, Albania’s emergency oil stock model has not yet been amended.
    In December 2022, the government adopted the national action plan for response to the
    energy crisis. This plan follows a series of measures undertaken by the government under the
    state of emergency for the supply of electricity, in force until 31 December 2023. The plan
    focused on vulnerable households and SMEs throughout the 2022-2023 winter, while
    continuing reforms towards energy sustainability and building resilience through diversified
    sources of energy.
    Albania’s electricity system has been connected to systems in Greece and Montenegro since
    2014. The Albanian Power Exchange was established in October 2020, and it held its first
    day-ahead auction for the delivery of electricity on 12 April 2023. It aims to encourage more
    renewable energy investment, guarantee power selling and fill production gaps. In 2022,
    Albania’s electricity distribution losses in the power grid remained at 19.7%, with a slight
    reduction (0.3%) compared with 2021. The Electricity Integration Package remains to be
    adopted.
    Albania intends to connect the Vlora thermal power plant with the Trans-Adriatic Pipeline
    (TAP) through a natural gas pipeline, as well as through an LNG terminal, to improve energy
    security for the country and the region. Preliminary agreements for gas supply have been
    signed but no progress in terms of developing its own gas infrastructure took place in the
    reporting period. Such plans have raised concerns from civil society, in particular regarding
    protection for Vlora bay. Albgaz has been licensed and certified by the Energy Regulatory
    Authority (ERE) as the combined gas transmission and distribution operator.However, some
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    certification conditions are not yet fulfilled. Albgaz is an observer at the European Network
    of Transmission System Operators for Gas (ENTSO-G).
    On the internal energy market, the transposition and implementation of the newly adopted
    electricity integration package is pending. The transmission system operator is unbundled and
    certified. Legal unbundling of the distribution system operator from the supply branch was
    completed by restructuring the former integrated utility OSHEE into a holding company with
    three subsidiaries, licensed respectively as a universal service provider (FSHU), electricity
    supplier (FTL) and distribution system operator (OSSH).
    In December 2022, ERE approved the contract for providing compliance officer services for
    the distribution system operator, which was the last measure needed to ensure the functional
    unbundling of the distribution system operator. The Energy Community closed the
    infringement case ECS-4/17 on the lack of distribution system unbundling in 2023. With the
    go-live of the Albanian Energy Exchange in April 2023, unbundling brings Albania into a
    better position to develop its power market further. The establishment of the intra day market
    is pending. Further efforts are needed to strengthen the administrative capacity of the
    National Regulatory Authority (ERE).
    Electricity prices are not fully liberalised. All customers connected to 35kV benefit from an
    unregulated market. The next step (de-regulating supply at all voltage levels, except the 0.4
    kV level) has yet to be completed. Given the energy crisis, a transitional mechanism has been
    put in place to allow the Albanian Power Corporation (KESH) to purchase electricity abroad
    and introduce a price cap on electricity for domestic customers in 2021, which was extended
    until December 2023.
    The ERE legal framework is in line with the EU acquis, except for the regulator’s right to
    impose measures promoting competition, requiring transmission and distribution system
    operators to change their terms and conditions and raising the level of the penalties that ERE
    can impose. ERE still needs to develop its capacity to address shortcomings in the energy
    markets.
    Albania’s legislation is partly aligned with the hydrocarbons licensing directive. It has not
    been aligned with the Directive on the safety of offshore oil and gas installations.
    Albania needs to update and implement the national energy and climate plan (NECP) adopted
    in 2021, in line with the 2030 energy and climate targets.
    On renewable energy, the feed-in tariff (FIT) support scheme has been transformed into a
    contract for difference (CfD) for large producers to which the existing power purchase
    agreements (PPA) will be converted. A renewable energy operator (REO) should be
    established. A pricing methodology for consumers with installed capacity up to 500 kW was
    adopted in 2021 and is to be implemented by the end of 2023. The agency responsible for
    renewable energy has not yet been set up. This role is shared among the Ministry of Industry
    and Energy (MIE) and the National Agency for Natural Resources.
    Albania reached its target of a 39% share of renewables in total final energy consumption for
    2022, based on the national consolidated renewable energy action plan (NCREAP).
    Implementation for the two solar photovoltaic (PV) farms with a total installed capacity of
    240 MW is ongoing (Karavasta 140 MW and Spitalla 100 MW).
    An auction on wind farms, with an installed capacity of 10 MW to 75 MW, was launched in
    2021. The first phase contracts were awarded in June2023 while in July 2023 three bidders
    were awarded a total of 222.5 MW in capacity. To accelerate renewable electricity
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    production and facilitate the transition from hydropower to other renewables, more auctions
    should be conducted.
    The Renewable Energy Sources Law (RES) aligned with the Renewable Energy Directive
    (EU) 2018/2001, was adopted in March 2023. The new Law brings a series of innovations to
    the electricity sector, including that a renewable energy community has the right to produce,
    consume and sell renewable energy, and offer aggregation, including power purchase
    agreements. It abolishes the feed in tariffs support schemes, so that all support measures will
    be granted via competitive procedures. The Law on bioenergy is still pending adoption.
    Albania depends almost exclusively on hydropower for electricity generation, making it
    vulnerable to climate change. It is a net importer of electricity at a rate of 30% per year, as
    hydroelectricity is not sufficient to cover its needs. Progress is needed in power
    interconnection with neighbouring countries and setting up an integrated regional energy
    market, to strengthen security of supply and create opportunities for green energy
    development and trading. The deployment of its vast solar and wind resources would
    significantly improve Albania’s energy security and reduce its vulnerability to climate change
    impacts. Albania plans to use more photovoltaic and renewable energy from wind, and this
    trend should be pushed forward, based on the NECP 2030 energy and climate targets.
    The concession contracts for hydroelectric power plants (HPP) are not sustainable for
    Albania. The small plants have a significant impact on biodiversity and local communities,
    notably in protected areas, where around 100 concessions/private investments are located.
    Plans for hydroelectric power plants have been challenged by civil society during public
    consultations, questioning the regularity of concession processes and the validity of
    environmental impact assessments (EIAs).
    Moreover, no strategic environmental assessments (SEAs) have been conducted. A large
    hydroelectric plant planned in Skavica on the Drin River raised concerns from local
    communities and environmentalists. Civil society organisations claim that there were no
    proper consultations on this plant in the decision-making process and no information on the
    resettlement plan. Such investment needs to be fully compliant with the national legislation
    and the environmental and Energy Community acquis, in particular regarding public
    consultations and the quality of environmental impact assessments and strategic
    environmental assessments. Further efforts are needed to give guidance on the development
    of hydroelectric plants and enforce environmental legislation.
    The national energy efficiency action plan (NEEAP), is an integral part of the National
    Energy and Climate Plan. The NECP was revised based on recommendations from the
    Energy Community, aiming to reduce the final energy consumption by 9.4% and to start
    implementation in 2024. The Energy Efficiency Agency (EEA), created in 2018, needs
    further administrative capacity. An EU twinning project (i.e. technical assistance provided on
    the spot by EU-level experts) with this agency started in September 2023. The goal is to
    support further development of the legislative and institutional framework for implementing
    the EU acquis on energy efficiency, to support implementation of the 2015 Law on energy
    efficiency and to strengthen the capabilities of the Agency.
    Energy-efficiency incentives are in place, including a household subsidy scheme for
    installing solar water heaters and improving energy efficiency for educational and public
    buildings. In October 2022, the Government introduced mandatory 15% energy saving
    targets for the public sector while Tirana Municipality is also supporting local residents with
    grants up to 50% of the insulation costs for their homes. Several implementing measures have
    been adopted in accordance with the Energy Efficiency First principle.
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    However, implementing legislation related to (i) the energy-efficiency obligation scheme, (ii)
    energy labelling, (iii) increasing the number of electric vehicles in the national car fleet and
    (iv) minimum energy performance of buildings, (v)energy efficiency measures related to
    purchasing by public authorities, remain to be adopted. Some progress was made in training
    experts for energy audits and issuing building energy performance certificates. Given the
    targets and the ongoing energy crisis, other financing incentives and mechanisms for energy
    efficiency should be put in place, and energy efficiency projects should also be accelerated.
    Albania needs to ensure that implementable energy efficiency and renewable energy action
    plans are adopted within the scope of the NECP 2030, including the agreed 2030 targets on
    energy and climate.
    Albania has made no further progress on nuclear energy, nuclear safety and radiation
    protection. The country is considering to join the European Community Urgent Radiological
    Information Exchange system (ECURIE) system.
    On nuclear safeguards, upon accession, the existing systems of accountancy and control of
    nuclear materials in Albania would need to be adapted to accommodate for the safeguard
    provisions (chapter 7) of the Euratom Treaty.
    Chapter 21: Trans-European networks
    The EU promotes trans-European networks (TENs) in the areas of transport,
    telecommunications and energy to strengthen the internal market and contribute to growth
    and employment.
    Albania has some level of preparation in trans-European networks. Some progress was
    made in developing transport and energy networks since work to prepare projects is ongoing.
    Albania needs to make further efforts to address the recommendations from last year that are
    still valid.
    In the coming year, Albania should, in particular:
    → continue developing the core transport and energy networks in line with the national
    strategies for transport and energy and infrastructure investment prioritisation, under the
    single project pipeline;
    → continue to align its legal framework with EU acquis and the regulations on TEN-T
    (trans-European transport networks) and TEN-E (trans-European energy networks),
    including fully aligning guidelines for trans-European energy infrastructure and
    strengthening the institutional framework and administrative capacity for developing and
    monitoring TENs;
    → strengthen capacity for and ensure progress in implementing the Economic Investment
    Plan for the Western Balkans projects on transport and energy, in line with the agreed
    timetable within the Western Balkans Investment Fund platform, while contributing to the
    Green Agenda.
    Albania has made some progress on its strategic framework for transport networks. The
    draft national transport strategy for 2021-2025 and its action plan are yet to be adopted. This
    national transport strategy include the regional and EU priorities, the Green Agenda, the EU
    Economic Investment Plan for the Western Balkans, the strategy for smart and sustainable
    transport for the Western Balkans, as well as all action plans that are part of the Transport
    Community Treaty cooperation. (See Chapter 14 - Transport).
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    Albania proposed that rail Corridor VIII be part of the extension of the TEN-T corridors to
    the Western Balkans region. A relevant high-level agreement on indicative maps for TEN-T
    in the Western Balkans was signed in June 2023. The amended maps for the new European
    Western Balkans corridor will be part of the revised TEN-T Regulation, which is currently
    being discussed by co-legislators. Corridor VIII will be part of the new European Transport
    corridor, linking South-East Europe with the centre of Europe through the Western Balkans
    region.
    Investment needs to be made in accordance with the cost/benefit analyses carried out in line
    with EU best practice. The Design of the Adriatic Ionian Road connection – section from
    border with Montenegro till Lezha is progressing. The Albanian government has been
    launched different Public Private Partneship (PPP) schemes and works are ongoing on
    different sections form Thumana till Fieri. Tirana bypass is under final preparation and
    planned to start in 2024. Projects are channelled through a single project pipeline, confirming
    the country’s strategic orientation towards TENs. Robust measures to improve the road
    infrastructure from a road safety point of view, particularly to eliminate identified road
    accident blackspots, which cause fatalities and injuries, should continue implementation
    following the road safety inspections and road safety audits.. The road core network is now
    covered by 5-year maintenance programmes. Adoption of the multiannual maintenance plans
    for the rail core network still remains a challenge, given the state of rail infrastructure.
    Work to prepare road, rail and port infrastructure projects, especially along the Adriatic-
    Ionian road connection and Corridor VIII (Varna–Durrës) has shown progress as well.
    Concerning rail, work to rehabilitate the Durrës-Tirana line and to build a new line to the
    international airport is progressing in line with contractual obligations (48% of the civil
    works are completed). Further efforts and strengthening of project programming and
    management capacity are needed to avoid bottlenecks and make the investment grants
    awarded under the Western Balkans Investment Fund platform operational, and in particular
    to start working on the construction of the Tirana Bypass and the Vore-Hani Hotit rail line,
    connecting Albania with Montenegro. Both projects are expected to start in 2024.
    In December 2022, the government presented its plans for creating the Porto Romano port, 12
    kilometres north of Durrës. All the cargo activites currently at the ports of Durrës and Vlora
    would be relocated to this new port. A new eight kilometres railway line is to be constructed,
    to link the Porto Romano port with the existing rail network. This investment will take place
    in phases, and according to the authorities, phase 1 will be completed in 2027, including the
    container terminal, dredging and filling, the northern breakwater and the supporting
    infrastructure.
    Kukës airport in the north of Albania started normal operations in July 2021, focusing on
    low-cost airlines. Construction work on a commercial airport in the Vjosa-Narta protected
    landscape is ongoing. This causes significant concern about threats to the environment, the
    habitat, migratory birds and other living species.
    On energy networks, efforts are still necessary to adopt the strategic environmental
    assessment (SEA) and project identification plan under the gas master plan, since it is
    strongly interlinked with the development of TEN-E projects. The planned development, and
    interconnections between the LNG terminal in Vlora and regional gas pipelines (the existing
    Trans-Adriatic Pipeline and the envisaged Ionian Adriatic Pipeline) would increase regional
    energy security. More work is needed for the implementation of the above pipelines, as well
    as for the development of a gas market in Albania. Such initiatives should be implemented
    following environmental impact assessments and strategic environmental assessments, as
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    well as transparent public consultations that cover all stakeholders, including the local
    population, environmental groups and civil society organisations.
    Progress was made on improving the infrastructure for electrical power transmission.
    Companies from Kosovo have joined the Kosovo-Albania control block and are participating
    in the Albanian Energy Exchange, which became operational in April 2023, following the
    successful implementation of the platform operator.
    Concerning the construction of a 400kV interconnection line between Fier in Albania and the
    North Macedonia border, work is expected to start during 2023.
    Albania’s participation in the EU strategy for the Adriatic-Ionian region remains a priority for
    both transport and energy networks and it is important that the country continues its active
    involvement.
    Chapter 27: Environment and climate change
    The EU promotes strong climate action, sustainable development and protection of the
    environment. EU rules contain provisions addressing climate change, water and air quality,
    waste management, nature protection, industrial pollution, chemicals, noise and civil
    protection.
    Albania shows some level of preparation in this area. Limited progress was made in
    further aligning policies and legislation with the EU acquis in areas such as water
    management, chemicals, environmental crime and climate policy.
    Albania made progress in the area of civil protection since it joined the EU Civil Protection
    Mechanism in 2022 and it has prepared a national disaster risk reduction strategy and action
    plan for 2023-2030. Albania needs to continue working to further improve its civil protection
    system. Significant efforts are needed on implementation and enforcement for waste
    management, water and air quality and climate change, to strengthen its administrative and
    inspection capacities and implement structural, cross-sectoral reforms.
    Most of 2022 recommendations remain valid and in the coming year, in addition to
    addressing the shortcomings set out below, Albania should, in particular:
    → adopt the new law on water services; substantially increase the budget resources and
    implementation capacity of its key national water agencies; adopt the River Basin
    Management Plans (RBMPs) for the Ishem, Erzen and Mati rivers and complete these
    RBMPs for the Shkumbini and Vjosa rivers;
    → take immediate measures to review and improve the quality of environmental and
    strategic impact assessments of projects, plans and programmes, especially in the
    hydropower, construction, tourism, transport and mining sectors (and ensure public
    participation and consultation in this process); take immediate measures to fight
    environmental crime and achieve full alignment with the Environmental Crime Directive
    and with the Environmental Liability Directive and increase policy and law enforcement
    for nature and biodiversity protection, especially in the protected areas;
    → set up flood vigilance mechanisms and risk management plans in all river basins;
    implement the national strategy on climate change and the related action plans on
    mitigation and adaptation, adopt the relevant legislation and implement its integrated
    national energy and climate plan in line with Energy Community obligations.
    Environment
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    In terms of horizontal legislation, Albania still needs to step up efforts to achieve full
    alignment and implementation in most areas. The implementation of the Directives on
    Environmental Impact Assessment (EIA) and strategic EnvironmentalAssessment (SEA)
    needs to be significantly improved
    The EIA quality and the relevant processes need to be improved, Recommendations from
    EIAs are rarely implemented; they should be enforced and then monitored. Public
    participation and consultation in decision-making need to be improved, particularly at local
    level.
    The EIA for Vlora Airport was broadly criticised by civil society and other stakeholders. One
    of the issues was the lack of consideration for the ‘protected area’ status of the selected site.
    Implementation of the EU Directive on protecting the environment through criminal law
    needs to be improved, although convictions for environmental crime increased to 79 in 2022
    (from 65 in 2021).
    The implementation of the polluter-pays principle in implementing legislation is weak.
    Further progress is needed to achieve full alignment with the Directive on environmental
    liability. Inspections and enforcement capacity should be rapidly strengthened, especially to
    address environmental crimes more effectively. The state budget for environment and climate
    change remains very limited in 2023, and not sufficient to implement the EU acquis.
    Frequent staff turnover and hiring of staff without relevant expertise, has further eroded the
    capacity of the central administration and related agencies in this area. The recent
    replacement of some directors in the regional administration of protected areas across the
    country has attracted particular attention and raised concerns about the management of these
    areas. Corruption cases, identified by the Specialised Anti-Corruption Structure (SPAK)
    during the award procedures for the construction concession for the incinerator in Elbasan (in
    2021) and the Fier waste incinerator (in 2022), are being investigated, and the former
    Minister of Environment and former Secretary General of the Ministry of Environment have
    been indicted.
    More efforts are needed to align with the EU air quality acquis, including extending and
    improving the air monitoring system. The implementation of the 2014 national air quality
    strategy is still pending and the 2019 national plan on air quality management does not
    provide a functional monitoring system. There are only seven automatic air monitoring
    stations in the whole country (located in the main cities) but data is not reported in real time
    and monitoring is not carried out during the whole year. The plan focuses mostly on transport
    measures, while air quality monitoring still not in line with EU standards. Implementation of
    the action plan for air quality and of the Directive on sulphur content in certain liquid fuels is
    ongoing, while implementation has not yet started for the Directives on controls on volatile
    organic compound (VOC) emissions and stage II petrol vapour.
    The legal framework for waste management is only partially aligned and substantial efforts
    to achieve full alignment are needed. Closing non-compliant landfills and dumpsites, as well
    as littering, remain significant challenges. Separate collection of waste streams and economic
    instruments to promote recycling and reuse and prevent waste generation are still insufficient.
    The construction of a new incinerator in Tirana poses growing concerns in terms of
    compliance with the EU waste acquis, including with the waste hierarchy and recycling
    targets. Moreover, Albania’s waste management policies do not aim to reach EU 2030
    recycling targets.
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    Albania should do more to promote the circular economy and incentivise the prevention,
    reduction and recycling of waste. In particular, it should invest further in composting, to cut
    down landfills. The first three local composting facilities in the country have been built with
    donor funding, and started operation in 2022-2023, in the municipalites of Cerrik, Roskovec
    and Belsh.
    The implementation of the waste streams legislation should be speeded up. The enforcement
    and compliance-checking role of the institutions should be clarified and strengthened, and
    they should be given appropriate staffing and budget. In January 2023, a unit on circular
    economy was set up within the Ministry of Tourism and Environment, and is awaiting proper
    staffing. In March 2022, Albania adopted legislation that bans the use of certain categories of
    plastic bags, and has partially aligned with the Directive on single-use plastics. However, the
    implementation of this ban is inconsistent. Further alignement with this Directive is needed,
    namely banning the other single-use plastic items. The entire legislation on waste needs to be
    reviewed and upgraded.
    On water quality, the level of alignment remains incomplete and two laws on water
    resources and marine waters should still be adopted as early as possible . Directive-specific
    implementation plans for the Drinking Water Directive and Urban Waste Water Treatment
    Directive – where major investment is required for compliance – were prepared in 2022.
    Following the 2020 adoption of the Drini-Buna and Semani River Basin management plans,
    Albania should complete and adopt the remaining five RBMPs for the Ishem, Erzen, Mati,
    Shkumbini and Vjosa rivers.
    In line with the Green Agenda for the Western Balkans, Albania should increase efforts to
    strengthen transboundary basin management with neighbouring countries. This concerns the
    Drini-Buna and Vjosa river basins. A transboundary approach with Greece is encouraged
    during the future development of the Vjosa management plan, acknowledging the high
    ecological value and eco-tourism potential of the river and its national park status in Albania.
    To ensure progress on the EU water acquis, Albania needs to substantially increase the
    budget resources and implementation capacity of the key national water agencies and adopt a
    capacity development plan. In addition, water quality and quantity monitoring is insufficient.
    The Water Resources Management Agency, together with the National Environment Agency
    and other water monitoring agencies, should urgently plan and implement a national water
    monitoring programme with sufficient resources.
    The performance of the water supply and sewerage services sub-sector remains overall low.
    Albania should amplify and accelerate further its water reform measures. The National
    Strategy of the Water Supply and Sewage Sector for the period 2023-2030 was approved by
    the Albanian Government on July 2023. The new law on water supply and sewerage and the
    revised water code should be adopted and implemented as soon as possible. There is also a
    need to ensure full alignment with the urban waste water treatment Directive, extend
    sewerage networks, license and apply adequate tariffs for all waste water treatment plants and
    build new ones, in particular in urban and coastal areas with high tourism development. The
    strategic institutional development plan of the National Agency for Water Supply Waste
    Water and Waste Infrastructure (AKUM) needs to be adopted and enforced, to drive and
    support the implementation of the water reform and the new 2030 strategy.
    Alignment with the EU acquis on nature protection, in particular the Habitats and Birds
    Directives, is advanced. The legislation on strategic investment raises concerns for the
    protection of biodiversity, as it may lead to extensive tourism and industrial investment in
    protected areas. Construction work for the new Vlora Airport within the Pishe Poro-Narta
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    Protected Area (former Vjosa-Narta Protected Area), which started in December 2021, is
    ongoing. In September 2023, the Standing Committee of the Bern Convention recommended
    to Albania to suspend the construction of Vlora Airport until a new and sufficient
    Environmental Impact Assessment (EIA) procedure is conducted. In September 2023, the
    Ministry of Tourism and Environment started implementing a monitoring plan in order to
    minimise the environmental footprint of the Vlora Airport in the protected area, including
    through on-site verifications, though without a prior updated EIA. Progress was made in
    March 2023 with the upgrade of the status of the Vjosa River - from a Nature Park (Category
    IV) into a National Park (Category II). The upgrade of the status of the Vjosa River took the
    form of also including the tributaries of this river, which is among the last of Europe’s wild
    rivers. Faster implementation of the rules for managing revenues generated by fees paid in
    Protected Areas should be considered.
    In 2022-2023, the government of Albania increased the total areas under protection by
    creating two new protected areas, the Porto-Palermo Bay Nature Park and the Albanian Tulip
    Nature Monument. However, the capacity and funding for proper management of all
    protected areas are very limited. Albania still does not adequately enforce the forest and
    logging laws: despite a moratorium on logging, this practice continues unchecked.
    Prosecutions of arsonists or other people causing forest fires are rare, considering the high
    number of intentional and unintentional fires in 2022. No convictions have been reported in
    these cases. The moratorium on hunting was extended by an additional five years but, for
    conservation purposes, a law and a plan to enforce the moratorium should also be adopted.
    Similarly, hunting continues to take place, despite a moratorium being in place. There has
    still been no decision by the Elbasan court on the case of the poaching of a lynx in Elbasan in
    2020. Albania should ensure that its administration has adequate capacity to prevent and
    inspect wildlife crimes.
    The Skavica hydropower plant project that is under preparation is expected to have a
    significant environmental and socio-economic impact on the area, and impact the Balkan
    lynx populations that use this corridor to migrate between Albania and North Macedonia. The
    preliminary environmental impact assessment for this project has been completed, but the
    representatives of the affected communities claim that no locals were invited to attend the
    consultations. Investment in the road sector rarely includes in practice the obligatory planting
    and restoration of roadside slopes, and no wildlife crossing has so far been planned and
    implemented in Albania.
    In February 2022 Albania joined the High Ambition Coalition for Nature and People,
    pledging to protect at least 30% of its land and seas and promote nature-based solutions
    within the UN framework convention on climate change.
    Alignment with EU legislation on industrial pollution and risk management is still at an
    early stage. Capacity and financial constraints are hampering progress in implementing
    legislation on the prevention of major accidents involving dangerous chemicals.
    On chemicals, Albania has a legislative basis for alignment with the EU regulation on the
    registration, evaluation, authorisation and restriction of chemicals (REACH), but the
    implementing legislation has yet to be adopted and adequate administrative structures have
    not yet been established. In October 2022, Albania further aligned its legislation with the new
    EU Regulation on persistent organic pollutants.
    Albania performed urban noise monitoring in several cities and municipalities, in line with
    the national monitoring programme and according to WHO and national standards. Albania
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    should strengthen its administrative capacity for preparing strategic noise maps and action
    plans.
    On civil protection, Albania made progress in building its civil protection capabilities and
    has undergone a comprehensive reorganisation of its national civil protection system. In
    2022, it joined the EU Civil Protection Mechanism (UCPM), demonstrating its commitment
    to contribute to the Mechanism and make further progress on civil protection. Albania also
    prepared a national disaster risk reduction strategy and action plan for 2023-2030.
    Nevertheless, the country should work on further improving its civil protection system.
    Considering the increased frequency of national disasters in the last decade and the
    intensified impacts of climate change, Albania should review its emergency plans and
    substantially increase its operational capacities, infrastructure and systems for early warning,
    prevention, preparedness and response.
    Albania needs to build efficient civil protection and disaster risk reduction (DRR) systems, to
    increase the country’s resilience to natural disasters and crisis. The country should improve
    its management of flood risks in accordance with the EU floods Directive, and formulate new
    measures for to reduce the damage caused by flooding.
    This includes boosting implementation by developing and adopting flood risk management
    plans in all basins. And further improving flood forecasting and the sustainability of the
    network of national monitoring stations, as well as urgently regulating its early warning and
    hydrometric-meteorological services.
    Albania is also encouraged to develop river basin drought management plans, and forest fire
    risk assessments and management plans. And it should establish secure trans-European
    services for telematics between administrations (TESTA).
    Climate change
    Albania has some level of preparation for tackling climate change, but alignment with the EU
    acquis still remains limited. Albania pledged climate neutrality by 2050 at COP26, in line
    with the EU ambition. It also joined the Global Methane Pledge. The country presented its
    Fourth National Communication to the UN Framework Convention on Climate Change
    (UNFCCC) on November 2022. Albania is committed to taking measures to reduce
    greenhouse gas emissions from different economic sectors such as transport, agriculture, land
    use and forestry, industrial processes and waste, according to its updated National
    Determined Contribution (NDC). Albania’s revised contribution to mitigation aims to
    decrease emissions by 20.9% by 2030 compared to the Business as Usual scenario. In
    February 2023 a ministerial decision approved the national strategy for development and
    European integration (NSDI) 2022-2030, which sets out a series of priority measures like
    adoption of climate secondary legislation, climate budgeting, and nature-based solutions. In
    addition, by December 2022 the country had partially aligned with the Regulation on the
    governance of the energy union and climate action. The level of emission reductions planned
    for 2021-2030 in the NECP is 18.7%.. The plan relies significantly on sequestration of CO2
    by forests, but there are very limited financial means and capacity allocated to protecting and
    managing forests, including measures to promote reforestation and manage forest fire risks.
    This should be urgently tackled.
    The national strategy on climate change will need to be updated to take into account the new
    climate targets set out in the revised NDC and, closer to accession, the new climate targets set
    by the EU. The implementation of the 2020 climate Law requires further implementing
    measures to be initiated under the Minister for the environment. Capacity in the public
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    administration for interpreting the climate change impacts on Albania and incorporating
    climate change into sectoral strategies and plans remains very limited; capacity building is
    very much needed in this regard. No emissions register is in place.
    Substantial investment and efforts are needed for climate adaptation, as Albania is highly
    exposed to the consequences of climate change. Sea level rise as well as floods/droughts are
    expected to substantially affect the society , public infrastructure and economic activities.
    Climate risk management plans need therefore to be adopted at all levels, and major vital
    infrastructures need to be climate-proofed, to increase the country’s resilience to climate
    change impacts.
    CLUSTER 5: RESOURCES, AGRICULTURE AND COHESION
    This cluster covers: agriculture and rural development (Chapter 11); food safety, veterinary
    and phytosanitary policy (Chapter 12); fisheries and aquaculture (Chapter 13); regional
    policy and coordination of structural instruments (Chapter 22); and financial and budgetary
    provisions (Chapter 33).
    The cluster comprises policies linked to sustainable and inclusive regional development and
    the EU’s funding system; particular preparation is needed in this respect to develop the
    capacity required of a future Member State. Albania has some level of preparation in most
    areas linked to resources, agriculture and cohesion, namely agriculture and rural
    development, veterinary and phytosanitary policy, and financial and budgetary provisions.
    The country is moderately prepared regarding fisheries and aquaculture as well as regional
    policy and coordination of structural instruments.
    Albania has made some progress in agriculture and rural development, notably in developing
    administrative capacity for the instrument for pre-accession assistance for rural development
    programme (IPARD III). Some progress was also observed on fisheries and aquaculture.
    Albania made limited progress on financial and budgetary provisions.
    Chapter 11: Agriculture and rural development
    The EU’s common agricultural policy supports farmers and ensures Europe’s food security.
    It helps tackle climate change and the sustainable management of national resources;
    maintains rural areas and landscapes across the EU; and keeps the rural economy alive by
    promoting jobs in farming, agri-food industries and associated sectors. This requires strong
    management and control systems. There are also common EU rules for marketing standards,
    quality policy and organic farming.
    Albania has some level of preparation in agriculture and rural development. Some progress
    was achieved with regard to (i) developing administrative capacity to prepare the instrument
    for pre-accession assistance for rural development (IPARD III) programme and (ii) the
    adoption of the law on wine and (iii) adopting an implementation plan for the setting up of
    the farm accountancy data network (FADN).
    Some of the Commission’s recommendations from 2022 were not fully implemented and
    remain valid.
    In the coming year, Albania should in particular:
    → ensure the necessary administrative capacity is available for the setting up of the farm
    accountancy data network (FADN);
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    → Ensure that the administrative capacity required for the entrustment of budget
    implementation tasks under the IPARD III programme is in place, in line with the
    principles of sound financial management;
    → complete the legal frameworks on quality policy and organic food production; ensure that
    the institutional and administrative capacity for their implementation is in place.
    On horizontal issues, a farm register was put in place and should be improved to fully align
    with EU acquis. Registration of farms is required and performed by the advisory services,
    both under national schemes and under relevant IPARD measures. The farm register is an
    important first part of the future integrated administration and control system (IACS) and it
    will support the implementation of IPARD III programme. There was no progress in
    establishing a land parcel identification system (LPIS). An implementation plan, with specific
    details of the timeline and resource allocation to set up the FADN was adopted in April, and
    the necessary administrative capacity now needs to be deployed.
    Direct payments to farmers are coupled to production and not subject to cross-compliance
    rules. All support measures need to be brought in line with the EU acquis. In spite of a slight
    increase, as compared with the previous year, the national agriculture budget remains low.
    Implementation of the strategic action plan for the reform of the advisory system has started,
    but implementation capacity remains low.
    There was limited progress on setting up a common market organisation (CMO).
    Legislation on vineyards and wines aligning with the EU acquis was adopted, including
    implementing legislation setting rules for registration in the vineyards register and for
    declarations and information collection by operators. Further efforts in this area are needed.
    Institutional capacity for implementation is still low.
    On rural development, implementation of the IPARD II programme continued but increased
    capacity building and oversight is needed to ensure completion of the IPARD II programme
    and the efficient implementation of the IPARD III in full compliance with the principles of
    sound financial management.
    Legislation on quality policy is partly aligned with the EU acquis.
    On organic farming, additional effort is needed to adopt the legislation on organic
    production, which has been drafted in line with the recent reform of EU acquis. Albania
    continued to provide national support for organic farming.
    Chapter 12: Food safety, veterinary and phytosanitary policy
    EU hygiene rules for foodstuff production ensure a high level of food safety. Animal health
    and welfare and the safety of food of animal origin are safeguarded together with the quality
    of seeds, plant protection material, the protection against harmful organisms and animal
    nutrition.
    Albania has some level of preparation in the area of food safety, veterinary and
    phytosanitary policy. Limited progress was achieved over the reporting period, particularly
    on alignment with the acquis on official controls, animal and plant health. The work has
    started but significant further efforts are needed. Albania made progress on designing and
    adopting the food safety national sectoral policy.
    The Commission’s recommendations from last year were not fully implemented and remain
    valid. In the coming year, Albania should in particular:
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    → work on alignment of national legislation with the acquis under the framework of their
    national sector policies, specifically for relevant laws on official controls, animal health
    and plant health;
    → finalise the staffing of the veterinary service in order to ensure it is fully operational;
    → strengthen the capacity to implement effective surveillance and vaccination programmes
    on the main infectious animal diseases, including rabies; continue to efficiently
    implement the rabies vaccination programme in 2024.
    There was limited progress in implementing the acquis on general food safety. Some
    progress took place at the National Food Authority by revitalising the AKU-net system on
    inspection statistics, data management and transparency. Significant work is still needed to
    reduce the administrative burden for planning and reporting on risk-based official controls
    and to ensure the national data are transparent. Despite setting up of the Scientific Panel in
    June 2022 and February 2023, the results of its work are not yet public.
    Albania has made limited progress on veterinary policy. Following the reorganisation of the
    Ministry of Agriculture and Rural Developement in May 22, further structural reforms are
    still necessary to have a clear chain of command and line of communication/reporting, in line
    with the EU acquis. Adequate human resources should be ensured by filling vacancies in the
    general directorate dealing with food safety, veterinary and plant protection.
    Moreover, while the National Veterinary and Plant Protection Authority increased its
    veterinary staff, the reform of the veterinary sector remains uncomplete. Significant work is
    still needed to establish the necessary capacity on passive and active surveillance, including
    reliable assessments of the prevalence of diseases. Substantial work is also required on data
    analysis and on the design, planning, and implementation of effective systems for disease
    prevention and/or eradication.
    Albania continued its work on animal diseases through two vaccination campaigns against
    rabies and the implementation of control and eradication programmes for monitoring
    brucellosis and tuberculosis in cattle herds, brucelosis in small ruminants and anthrax. While
    countrywide verification and registration of the number of animals in Albania continued,
    substantial work is required to upgrade the animal register with additional information on
    other animals, such as swine, equine animals and poultry, as referred to in the EU acquis, to
    ensure that solid traceability systems are established for food of animal origin.
    Regarding the placing on the market of food, feed and animal by-products, while Albania
    has made some progress in aligning its legislation with the EU acquis, implementation of its
    national residue monitoring plan remains an issue. In particular as regards veterinary medical
    products, pesticide residues, heavy metals and mycotoxins in live animals and products of
    animal origin. No validated screening methods are yet in place to guarantee the reliability of
    results for the relevant species and commodities. Limited progress was made in developing
    capacity and accreditation and validation methods for Albania’s laboratory network. No
    progress was made on the legal basis of animal by-products. Preliminary work started on
    categorising food establishments but futher work is required to align with the acquis.
    Concerning food safety rules, Albania continued to align with the acquis on food additives
    and identification of maximum levels for certain contaminants in food. Raw milk testing was
    included in the 2023 official control plan but more progress is needed on developing a
    roadmap to improve milk quality.
    Progress on phytosanitary policy remains limited. Albania approved an action plan for the
    sustainable use of plant protection products but the plant health law remains to be adopted.
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    Albania continued to update the list of active substances in plant protection products, in line
    with the acquis.
    No progress was made on feed or genetically modified organisms and the legislation is yet
    to be adopted.
    Chapter 13: Fisheries and aquaculture
    The common fisheries policy lays down rules on fisheries management, protects living
    resources of the sea and limits the environmental impact of fisheries. This includes setting
    catch quotas, managing fleet capacity, rules on control and inspection, rules on markets and
    aquaculture and support for fisheries and coastal communities. Further, it promotes a
    sustainable aquaculture.
    Albania is moderately prepared in fisheries and aquaculture. It made some progress,
    specifically on keeping the vessel monitoring system (VMS) operational and allocating
    human resources to monitor and report on activity by fishing vessels. There was limited
    progress on filling vacancies in the fishery directorate. The administrative capacity of the
    inspectorate and central administration need to be further improved. As a contracting party of
    the General Fisheries Commission for the Mediterranean (GFCM), Albania is fully
    implementing the recommendations to control its fishing effort.
    The Commission’s recommendations from 2022 remain largely valid. In the coming year
    Albania should in particular:
    → build up the necessary administrative capacity in the fishery sector, notably by
    completing staffing, strengthening data collection and scientific advice and implementing
    national policies in line with EU’s common fisheries policy (CFP) and international
    agreements;
    → take concrete steps to implement the regional plan of action for small-scale fisheries;
    → continue its active participation in the GFCM inspection scheme in the Adriatic Sea.
    Regarding resource and fleet management and structural measures, the vessel register
    has improved and fishery production data are regularly maintained and updated. Albania
    continues to implement the legal acts related to managing commercial fishing capacity.
    Ministerial orders have been issued in line with the recommendations of the GFCM for the
    sustainable exploitation of fish stocks. Regarding small-scale fisheries, no significant step
    was taken. The government continued to implement financial support measures for the
    fishery and aquaculture sector as part of its 2022-2023 national funding programme for
    agriculture and rural development.
    Inspection and control capacity has improved. The vessel monitoring system (VMS) is
    functional and operational. Two patrol boats for fishery inspectors were purchased and
    delivered. The legal basis for the electronic reporting system (ERS) was prepared and
    approved by the Council of Ministers and financial resources earmarked in the budget for
    setting it up. The Ministry of Agriculture has six system operators at the central level of the
    Directorate of Fisheries and Aquaculture Service; these monitor and report on the activity of
    fishing vessels, in addition to the fisheries monitoring centre (IMOC). Sufficient inspection
    and control capacity is in place to monitor marine fishing activity for all vessels over 12
    metres long 24/7, to control fishing activities, to prevent, reduce and eliminate illegal,
    unreported and unregulated fishing (IUU). The inspection and control capacity to fight
    against IUU was strengthened through cooperation with the European Fisheries Control
    Agency (EFCA).
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    The capacity to interpret and implement the national legislation in this field or the EU
    common fisheries policy remains weak and data collection needs to be improved, in
    particular on scientific capacity and data management. The structure and human resources of
    the Fishery Directorate central administration remain to be improved.
    The adoption procedure of the plans on the allocated zones for aquaculture (Shengjin, Durrës
    and Vlora) is ongoing, plans are currently under public consultation. Efforts to prepare such
    zones for inland waters have started.
    On market policy, the wholesale market for fishery products and aquaculture in Shengjin
    fishing port and in Vlora are not yet fully operational. On State aid, support was made
    available in 2022 for replacing fishing vessels and equipment (50% co-funding). A fuel
    compensation scheme for fishing vessels operators was implemented. In 2023 State aid is
    provided under the national supporting scheme, as a separate financing measure for the
    fisheries sector.
    Regarding international agreements on fisheries and aquaculture management, two
    cooperation agreements are in force: with North Macedonia for joint fisheries management in
    Lakes Ohrid and Prespa and with Montenegro on joint fisheries management of Shkodra/
    Skadar Lake and the Buna/Bujana river. Albania is a contracting party to the GFCM and has
    fully implemented the recommendations of this body on controlling its fishing effort. Albania
    should continue to actively participate and implement GFCM measures and
    recommendations, notably (i) implementing the multiannual management plans for the
    conservation and sustainable exploitation of small pelagic and demersal fisheries in the
    Adriatic Sea, and (ii) increasing activities to implement the regional action plan of action for
    small-scale fisheries in the Mediterranean and the Black Sea (RPOA-SSF).
    As regards the wider blue economy, to ensure the optimal development of all sea-related
    activities in a sustainable manner, Albania is encouraged to promote regional maritime
    cooperation with partner countries in the Adriatic-Ionian sea.
    Chapter 22: Regional policy and coordination of structural instruments
    Regional policy is the EU’s main tool for reducing regional disparities and investing in
    sustainable and inclusive socio-economic growth. It is operating through “shared
    management” between the Commission and EU Member States. The implementation of
    cohesion policy programmes requires appropriate administrative capacity on programme
    and project level, the establishment of systems of sound financial management and control
    and also the fulfilment of other EU acquis elements such as environmental or public
    procurement legislation.
    Albania is moderately prepared as regards regional policy and coordination of structural
    instruments. Limited progress was made over the reporting period. However, the adoption in
    July 2022 of implementing legislation based on the Albanian Law on regional development
    and cohesion with the setting up of the National Committee for Regional Development and
    Cohesion are worth noting.
    The recommendations for 2022 remain partly valid. In the coming year, the country should,
    in particular:
    → prepare for effective implementation of the EU acquis under Chapter 22 and factor in the
    requirements of the future structural and cohesion funds in the institutional set-up and the
    financial management and control systems, ensuring that all its instruments and funds are
    gradually made compliant with EU requirements in terms of programming and
    partnership principles;
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    → implement the national strategy for regional development and cohesion (2021-2027) and
    complete the regional development plans (2021-2024). These two measures should foster
    development potential through decentralised intervention based on local and/or regional
    integrated plans and strategies;
    → clarify responsibilities between central and local authorities, and further strengthen
    administrative capacity in central, regional and local bodies, by ensuring adequate
    staffing, revising the local government salary structure and keeping fiscal
    decentralisation high on the agenda.
    Regarding the legislative framework for regional policy, implementing legislation was
    adopted in July 2022 regarding the creation, organisation and operating rules of the National
    Committee for Regional Development and Cohesion under the Prime Minister’s office.
    The Law on regional development and cohesion divides the territory of Albania into four
    development regions, each of them covering three counties. Efforts should be pursued to draft
    the national and regional plans (2021-2024) as part of the national strategy for regional
    development (2021-2027).
    The Albanian Development Fund (ADF) is responsible for implementing the Law on regional
    development. It also has a mandate to prepare the national plan for regional development, as
    well as regional plans for the four development regions, to be implemented through a national
    operational programme for regional development with ADF as managing authority.
    On the institutional framework, relevant by-laws on establishing a comprehensive regional
    development system need to reflect the role and responsibilities of each of the bodies
    involved and ensure coordination between them. An inter-institutional working group for
    Chapter 22 negotiations was established, chaired by the Ministry of Interior. The authorities
    should strengthen regional policy dialogue by making it more inclusive and improving
    coordination among ministries and with autonomous local governments. Capacity to manage
    public funds locally has to be strengthened. (See above under Political Criteria -
    Governance).
    Albania also needs to address issues with strategic planning, implementation and monitoring
    capacity for infrastructure projects financed by the Western Balkans investment fund (WBIF)
    under the economic and investment plan (EIP).
    On administrative capacity, the staff of the bodies involved in indirect management should
    continue to receive training, especially those that are new to managing EU funds.
    Strengthening human resources should remain a focus, along with an adequate staff retention
    policy. The administrative capacity for coordinating and monitoring sectoral reform through
    integrated policy management groups and sectoral steering committees has slightly improved.
    The involvement of development partners, local governments and civil society organisations
    in sectoral dialogue still needs some improvement.
    On programming, efforts should continue to develop autonomous programming capacity for
    the period ahead. In December 2022, a decision was adopted to align strategic priorities and
    the medium-term budget. The national single project pipeline of investment, including for
    regional development, remains to be adopted. A key element for regional development will
    be to ensure ownership by public and private bodies at national and sub-national levels.
    Albania continues to gain experience in programming and implementing regional policy
    cooperation through participation in cross border cooperation, transnational and interregional
    cooperation programmes. Albania participates in the EU strategy for the Adriatic Ionian
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    region (EUSAIR), which promotes cooperation and synergies among participating EU and
    non-EU countries.
    On monitoring and evaluation, the sectoral monitoring committee issue operational
    recommendations for all IPA sectors and strategic issues are being discussed at the IPA
    monitoring committee. The work to ensure adequate monitoring of all programme activities
    by the State Agency for Strategic Programming and Aid coordination (SASPAC) should
    continue. The support offices of the National Authorising Officer and the National IPA
    Coordinator have yet to establish a list of key performance indicators for evaluating
    performance.
    On financial management, control and audit, an evaluation of indirect management by the
    beneficiary country under IPAII found that the Albanian Law on the audit authority needs to
    be amended, to ensure that management powers remain with the General Director and are not
    subordinated to the Supervisory Council. The National Authorising Officer (NAO) needs to
    ensure that its management declaration adequately reflects the results of its supervision and
    monitoring of management and control systems. The NAO support office will also have to
    strengthen its work with a view to Monitoring the implementation of sectoral operational
    programmes in indirect management by newly appointed bodies. The Officer’s support office
    has yet to establish procedures to ensure immediate dissemination and implementation
    throughout the institutions, regarding internal control by the Commission. Irregularities still
    need to be registered completely and without delay in the irregularity management system,
    and internal control weaknesses and non-compliance events should be systematically reported
    in a dedicated registry.
    Chapter 33: Financial and budgetary provisions
    This chapter covers the rules governing the funding of the EU budget (‘own resources’).
    These resources mainly consist of: (i) contributions based on the gross national income of
    each Member State; (ii) customs duties; (iii) the non-recycled plastic resource and (iv) a
    resource based on value-added tax. Member States must have the appropriate administrative
    capacity to adequately coordinate and ensure the correct calculation, collection, payment
    and control of own resources.
    Albania has some level of preparation on financial and budgetary provisions. Limited
    progress was made in aligning with the EU acquis in the underlying policy fields that affect
    the functioning of the EU funding system.
    Methodological improvements continued concerning alignment with ESA 2010 standards
    (European System of Accounts), and improving data transmission of the excessive deficit
    procedure (EDP) tables through the Albanian Integrated Government Financial Statistics
    compilation system (AIGC).
    Last year’s recommendations remain valid, as more progress is needed. In the coming year,
    the country should in particular:
    → continue aligning data on National Accounts to ESA 2010 and improving the
    comprehensiveness of data transmission to Eurostat, including on the excessive deficit
    procedure;
    → align its legislation with the EU provisions on VAT and customs duties and strengthen
    efforts to tackle fiscal evasion and informality;
    → enhance administrative capacity and coordination mechanisms among key stakeholders
    in the own-resources system.
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    There was some progress in the underlying policy areas that indirectly affect the own-
    resources system (for progress in these areas, see Chapters 16 – Taxation, 18 – Statistics, 29
    – Customs union, and 32 – Financial control).
    On traditional own resources, a new Law on income taxes was adopted in March 2023,
    which will enter into force in 2024. Albania does not yet have in place a medium-term
    revenue strategy. Current legislation remains partly aligned with the relevant EU directives.
    Amendments were made to the VAT and excise legislation, aiming to align it with the
    respective EU directives, reduce some tax exemptions and upgrade excise fees.
    Regarding the Gross National Income (GNI) resource, the Institute of Statistics (INSTAT)
    continued the regular transmission of GNI and GDP data to Eurostat, in the framework of the
    ESA 2010 transmission programme. However, significant improvement is still needed to
    achieve full compliance, mainly in the approach to quarterly GDP by income and population
    and employment data, and the GNI inventory should be updated. Work continued to improve
    the full set of non-financial accounts data, the estimation components for the non-observed
    economy, and the regional accounts, as well as to fully integrate the supply and use tables
    into national accounts.
    Albania continuedto align its legislation with ESA 2010 standards and publish the inventory
    of resources and methods used in the national accounts. The country remains partly in line
    with ESA 2010. INSTAT provided a draft inventory of the methods, procedures and sources
    used to compile deficit and debt data and the underlying government sector accounts,
    according to ESA.
    However, further efforts are needed to improve compliance with ESA 2010 and to set up the
    GNI Inventory in full alignment with Eurostat recommendations. The benchmark revision of
    national accounts is postponed to 2024 and the new GNI Inventory is going to be provided
    after its implementation. INSTAT continued its work to improve the EDP data and the
    submission of questionnaires and pilot estimations to Eurostat, following the ESA 2010 and
    the manual on government deficit and debt (MGDD), but substantial efforts are needed to
    reach the full compliance with ESA 2010 requirements.
    Albania continued its preparations for improving the estimation of its non-observed economy.
    A pilot project to improve the exhaustiveness adjustments of GDP/GNI estimates, designed
    in particular to develop new experimental estimates of illegal activities and fiscal audits, was
    implemented. Efforts continued to improve the exhaustiveness of estimates of national
    accounts. Based on the ESA 2010 methodology (European System of Accounts) and the data
    sources available, a direct estimation of the non-observed economy was achieved, but it
    doesn’t include all types of exhaustiveness adjustments. A GDP revision is planned in 2024,
    as a result of ongoing methodological improvements implemented in recent years.
    On administrative infrastructure, Albania needs to continue the work on creating the
    relevant institutions involved in the own-resources system and an own-resource coordination
    body, and on implementing rules. These are needed to ensure that, when it joins the EU,
    Albania will be able to calculate, forecast, account for, collect, pay, control, and report to the
    EU on own resources, in line with the EU acquis.
    As part of the 2008 Law on management of budgetary system, Albania has in place legal
    provisions which define the criteria for initiating public financial inspection, in cases of any
    irregularities, and serious financial mismanagement situations. Furthermore, the general tax
    directorate and the general customs directorate continued their work on identification of tax
    evasion and fraud. (See also chapter 16, 29 and 32 on actions against corruption). Continued
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    efforts are needed to formalise the informal economy, improve the exhaustiveness of the
    national accounts and GDP/GNI calculations and combat tax evasion and customs duty fraud.
    CLUSTER 6: EXTERNAL RELATIONS
    There are two chapters in this cluster: external relations (Chapter 30) and foreign, security
    and defence policy (Chapter 31). Albania has a good level of preparation in both.
    As regards Chapter 31, during the reporting period Albania made good progress, maintaining
    full alignment with all relevant EU decisions and declarations of the EU’s Common Foreign
    and Security Policy, including with the EU’s restrictive measures following Russia’s invasion
    of Ukraine.
    As a non-permanent member of the UN Security Council since January 2022, Albania
    continues to be actively engaged in promoting and defending the rules-based international
    order.
    Albania made some progress on external relations, in particular in further aligning with the
    EU acquis its legislation on preventing trade in certain goods that could be used for capital
    punishment and torture.
    Chapter 30: External relations
    The EU has a common commercial policy towards non-EU countries, based on multilateral
    and bilateral agreements and autonomous measures. There are also EU rules in the field of
    humanitarian aid and development policy.
    Albania has a good level of preparation in external relations. Some progress was made
    during the reporting period, particularly regarding alignment of the legislation with the
    relevant EU acquis on preventing trade in certain goods that could be used for capital
    punishment and torture.
    Last year`s recommendations were partly implemented; therefore, in the coming year Albania
    should focus on:
    → continuing to implement CEFTA additional protocol 5 on trade facilitation and additional
    protocol 6 on trade in services, and make progress with preparations to adopt additional
    protocol 7 on dispute settlement;
    → establishing a legal framework covering international cooperation and development
    policy as well as humanitarian aid, in line with EU policies and principles.
    On common commercial policy, Albania continued to coordinate its positions and align its
    policies closely with those of the EU, including within the World Trade Organization (WTO)
    and its Dispute Settlement Body. In December 2022, Albania adopted its Law on accession to
    the WTO Joint Initiative on Services Domestic Regulation. Albania also adopted in March
    2023 the Agreement on Fisheries Subsidies in its Council of Ministers, which was ratified by
    Parliament in June 2023.
    Albania continued to implement Central European Free Trade Agreement (CEFTA)
    commitments related to additional protocol 5 on trade facilitation and additional protocol 6
    on services. A memorandum of understanding was signed in September 2022 between the
    governments of Albania and Italy to enable the extension of the green lanes between the
    Western Balkan countries and the bordering EU Member States.
    Albania continued its awareness campaign with private sector representatives regarding the
    procedures and benefits involved in applying for authorised economic operator status, and
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    has so far registered 18 applications from local businesses. The first eight authorised
    economic operators were certified by the General Directorate of Customs and were positively
    assessed by the CEFTA validation committee. Albania continued to participate in the
    negotiations on CEFTA additional protocol 7 on dispute settlement.
    Albania has yet to align its national control list of dual-use goods with the Commission
    delegated Regulation of 21 October 2022 on the list of dual-use items. In April 2023, Albania
    adopted its Law on goods that could be used for capital punishment or torture, which
    provides for partial alignment with the acquis on trade in certain of goods that could be used
    for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.
    There has been no progress on export credit guarantees, although Albanian second-tier banks
    do provide guarantees such as payment guarantee, performance/contract guarantee and bid
    guarantee. There is no state-supported export credit insurance provider.
    Albania has 40 bilateral investment treaties in force, 22 of which are with EU Member
    States. Albania is negotiating with China a memorandum of understanding concerning
    investment cooperation in the digital economy, with Azerbaijan in the field of economic,
    industrial and technological cooperation and with India an agreement on establishing an
    intergovernmental commission on economic cooperation.
    Albania has no development policy framework for cooperation/aid or agency for
    development cooperation. It is encouraged to establish a legal framework covering
    international cooperation and development policy as well as humanitarian aid for non-EU
    countries, in accordance with EU policies and principles. In March 2023, Albania became a
    member of the OECD Development Centre.
    The 2001 Law on non-profit organisations recognises the potential activities of such
    organisations in the field of humanitarian aid, and allows them to carry out development
    and humanitarian aid activities in Albania and elsewhere. Two decisions by the Council of
    Ministers were adopted in March and June 2022 to address humanitarian aid issues for
    Ukrainians coming to Albania, following Russia`s invasion of Ukraine, and on the financial
    aid to be provided to the Ukrainian government for that country’s reconstruction.
    Chapter 31: Foreign, security and defence policy
    Member States must be able to conduct political dialogue under the EU foreign, security and
    defence policy, align with EU statements, take part in EU actions, and apply agreed
    sanctions and restrictive measures.
    Albania has a good level of preparation in the field of foreign, security and defence policy.
    Good progress was made as the country continued, in the reporting period, its track-record
    of full alignment with relevant High Representative statements on behalf of the EU and
    relevant Council Decisions, including with the EU restrictive measures following Russia’s
    war of aggression against Ukraine.
    Furthermore, as a non-permanent member of the UN Security Council since 2022, Albania
    has continued to be actively engaged in promoting and defending the rules-based
    international order, in particular in the context of Russia’s war against Ukraine.
    Some progress was made in implementing the national strategy on small arms and light
    weapons and in aligning with the EU acquis in this field, but Albania remains both a
    destination and a transit country for light firearms. Albania continued to participate in EU
    crisis management missions and operations under the Common Security and Defence Policy
    In the coming year, Albania should in particular:
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    → maintain its alignment with EU foreign, security and defence policy and strengthen its
    implementation in all international fora and its enforcement capacity regarding restrictive
    measures;
    → consider stepping up its participation in EU crisis management missions and operations ;
    → continue to implement its national strategy on small arms and light weapons as well as
    the corresponding action plan and step up the investigation and prosecution of firearms
    trafficking.
    The political dialogue between the EU and Albania on foreign and security policy issues
    continued, including through Albania’s active engagement in the EU-Western Balkans
    Common Foreign and Security Policy dialogue, at political directors’ level. Albania supports
    the Global Strategy for the EU's Foreign and Security Policy of June 2016 and the Strategic
    Compass for Security and Defence.
    Albania’s Ministry for Europe and Foreign Affairs has appropriate structures to participate in
    the common foreign and security policy, while the Ministry of Defence deals more
    specifically with the common security and defence policy. When invited during the reporting
    period, Albania aligned with all (100%) of relevant Council Decisions and High
    Representative declarations on behalf of the EU, including all EU restrictive measures against
    Russia and Belarus following Russia’s war of aggression against Ukraine. This is a strong
    signal of the country’s strategic commitment to its EU path.
    Albania made efforts to implement EU restrictive measures. However, the technical
    implementation and enforcement of the increasingly complex EU sanctions regimes pose a
    challenge. The authorities should continue to strengthen their capacity in this regard. In
    March 2023, Albania, North Macedonia, Kosovo and Montenegro launched the informal
    "Western Balkan QUAD – 100% alignment with EU CFSP", a platform aimed at facilitating
    their full alignment with the EU’s CFSP.
    Albania’s priorities as a non-permanent member of the UN Security Council in 2022-2023
    are in line with important EU priorities, including strengthening the agenda for women, peace
    and security, human rights and international law, countering violent extremism, and climate
    and security. The new national action plan on Women, Peace and Security was finalised.
    Albania has closely cooperated and coordinated with the EU and with the EU Member States
    in the UN Security Council, including on the international response to Russia’s war of
    aggression against Ukraine. In March 2023, Albania became a member of the OECD
    Development Centre. While Albania generally aligns with the EU’s positions in international
    organisations, implementation of a fully common approach is yet to be achieved.
    Albania maintains a bilateral immunity agreement with the United States, granting US
    citizens exemptions from the jurisdiction of the International Criminal Court. In doing so,
    it does not comply with the EU common positions on the integrity of the Rome Statute or
    with the related EU guiding principles on bilateral immunity agreements. Alignment with the
    EU position is therefore needed.
    On conflict prevention, during its current mandate as elected member of the UN Security
    Council, Albania has vocally addressed the importance of promoting peace and security
    through resolution of current crises, peaceful conflict settlement and mediation. Albania
    continued supporting EU measures and documents on conflict prevention.
    Regarding non-proliferation, Albania continued to implement its national strategy on small
    arms and light weapons (SALW), adopted in February 2019, and the related action plan for
    2022-2024. Albania also remained actively engaged in implementing the 2018 regional
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    roadmap and other regional forms of cooperation such as the European multidisciplinary
    platform against criminal threats (EMPACT) on firearms.
    Albania continued to participate in some, but not all, international export control
    arrangements and non-proliferation instruments. It started procedures to join the Wassenaar
    Arrangement in September 2020 and should conclude the process rapidly. Albania continued
    to implement the national strategy against proliferation of weapons of mass destruction and
    its action plan, adopted in January 2020. Since May 2022, Albania has been serving as a
    member of the Executive Council of the Organisation for the Prohibition of Chemical
    Weapons (OPCW) for the 2022-2024 period, actively contributing to the effective
    implementation of the Chemical Weapons Convention.
    Albania continued active cooperation with international organisations. In October 2023,
    Albania was elected to the UN Human Rights Council for the 2024-2026 term.
    In terms of security measures, Albania has progressed on the path to full implementation of
    its security of information agreement with the EU.
    Regarding civil and military crisis management, Albania continued to participate in EU crisis
    management missions and operations under the common security and defence policy,
    notably EUFOR Althea in Bosnia and Herzegovina.
    Albania takes part in the European Peace Facility Balkan Medical Task Force assistance
    measure.
    Regarding hybrid threats, Albania completed the EU’s hybrid risk survey with the objective
    of identifying systemic vulnerabilities and continues to address the recommendations. A
    follow-up exercise to establish the state of implementation of the recommendations, which
    date back to 2020, was held in Tirana in September 2022 by the EEAS and the Commission.
    In response to the large-scale cyber-attacks that were detected in July and September 2022,
    the government has begun to significantly strengthen its cybersecurity architecture – see
    under Chapter 10 – Digital transformation and media.
    Albania needs to continue efforts on closing space for foreign interference and information
    manipulation, including disinformation and take actions towards building societal resilience
    against it and other forms of hybrid threats.
    135
    ANNEX I – RELATIONS BETWEEN THE EU AND ALBANIA
    Albania is a candidate country since 2014. The first Intergovernmental Conference on
    accession negotiations took place on 19 July 2022, following the approval of the negotiating
    framework by the Council. On the same day the Commission launched the analytical
    examination of the acquis - the “screening” process, which progresses smoothly. All sessions
    on Cluster 1 (Fundamentals), Cluster 2 (Internal market), Cluster 3 (Competitiveness and
    inclusive growth) and Cluster 4 (Green Agenda and sustainable connectivity) have taken
    place. Explanatory sessions on Cluster 5 (Resources, agriculture and cohesion) and Cluster 6
    (External relations) have been completed and bilateral sessions on these are ongoing. The
    remaining screening meetings are scheduled until November 2023.
    Albania has been participating in the Stabilisation and Association process since 1999. The
    Stabilisation and Association Agreement (SAA) between Albania and the EU came into
    force in April 2009. The transitional period of the SAA ended on 31 March 2019 and since 1
    April 2019, Albania is fully associated with the EU. In the reporting period, Albania
    continued to implement, overall, its commitments under the SAA. Regular political and
    economic dialogue has continued through the relevant joint bodies under the SAA. The
    Stabilisation and Association Council took place on 16 March 2023, for the first time in
    Tirana. Discussions focused on progress in SAA implementation as well as of the most
    important reforms developments. The Stabilisation and Association Committee did not meet
    during the reporting period. The Stabilisation and Association Parliamentary Committee met
    on 1 December 2022 and 19-20 July 2023.
    The SAA and its Interim Agreement, applied since 2006, have allowed progressive trade
    liberalisation and mutual duty-free access for most goods. Since 2000 Albania has also been
    benefiting from the ‘autonomous trade measures’. The EU is the main trading partner of
    Albania, followed by CEFTA countries. Trade integration with the EU is high. In 2022 the
    EU remained the main trading partner of Albania, accounting for 59% of Albania’s total trade
    in goods (73% of total exports and 52% of total imports. EU-Albania trade rose by 19% in
    2022, demonstrating continued recovery from the impacts of the COVID-19 pandemic.
    Albania’s total trade in 2022 was worth EUR 12.1 billion. The country’s trade deficit with the
    EU amounted to EUR 1.1 billion in 2022. In comparison, Albania’s trade with CEFTA
    represented around 10.7% of total trade as compared to 10.1% in 2021, which demonstrates
    ongoing regional integration.
    Visa liberalisation for citizens of Albania travelling to the Schengen area has been in force
    since December 2010. A readmission agreement between the EU and Albania has been in
    force since 2006. The Commission’s December 2022 fifth report under the visa suspension
    mechanism14
    concluded that Albania continues to meet the visa liberalisation requirements.
    Albania has continued to fully align with all EU common foreign and security policy
    positions and declarations during the reporting period. Albania continued to actively
    participate in EU crisis management missions and operations under the common security and
    defence policy, notably EUFOR Althea in Bosnia and Herzegovina.
    Under the Instrument for Pre-accession Assistance 2021 – 2027 (IPA III)15
    , a second
    financing Decision of EUR 80.6 million for the Annual Action Plan 2022 supports the
    process of re-evaluatuon of judges, democracy, law enforcement, EU integration, water and
    youth. At the EU-WB Summit in Tirana in December 2022, the Commission put forward an
    14
    COM(2022) 715 final
    15
    Official Journal L 330, 20.9.2021
    136
    Energy Support Package of EUR 1 billion for the Western Balkans to address immediate,
    short-term, and medium-term needs in the region in the context of the energy crisis and of
    Russian war of aggression against Ukraine. Following this announcement, a EUR 80 million
    budget support programme for Albania was adopted at the end of 2022 (annual action plan
    2023) to cushion the energy price increase to SMEs and vulnerable households and to
    accelerate energy diversification. These programmes are complemented by a significant
    package of multi-country programmes and the rural development programme IPARD III with
    EUR 112 million, which provide a significant contribution to kick-start the implementation of
    the Economic and Investment Plan for the Western Balkans and the Green Agenda. Albania
    participates also in cross-border cooperation programmes, transnational cooperation
    programmes and Union programmes.
    On-going programmes under IPA II (2014-2020) are still providing significant support for the
    social and economic development of the country and contribute to key reforms. On the
    fundamentals, progress was made with the implementation of the justice reform for instance
    in the process of reevaluation of judges and prosecutors (“vetting”), in supporting the
    specialised structures against corruption and organised crime, as well as in fighting money
    laundering. EU programmes have supported public administration reform, public finance,
    decentralisation and service provision to the citizens. In addition, civil society has been a
    strong partner in advancing the priority areas of the fundamentals agenda. Significant EU
    financial assistance has been allocated to Albania for protecting the environment and
    boosting the connectivity with the EU transport systems.
    Albania is the only country from the region that has signed cooperation agreements with all
    justice and home affairs agencies of the EU. Albania participates in five cross-border
    cooperation programmes, as well as in transnational cooperation programmes. Albania
    participates with IPA support in the EU programmes Erasmus+, Creative Europe (Culture
    and Media strands), Employment and Social Innovation, Horizon 2020, Customs 2020,
    Fiscalis 2020, Competitiveness of Enterprises and Small and Medium-Sized Enterprises
    Programme (COSME), Justice, Europe for Citizens and EU Fundamental Rights Agency
    (FRA) (observer). To improve the accountability of public administration in the country,
    Albania is participating as an observer in a pilot project under the Technical Support
    Instrument.
    The Western Balkans Investment Framework (WBIF) has supported Albania in the
    amount of EUR 217.8 million provided as IPA III grants for flagship projects in the area of
    clean energy, environment and climate, digital future, and sustainable transport.
    The EU provides support via IPA and the Foreign Policy Instrument to strengthen Western
    Balkans partners’ resilience to face hybrid threats including cyber and foreign information
    manipulation and interference.
    137
    STATISTICAL DATA (as of 31/08/2023)
    Albania
    Basic data Note 2010 2017 2018 2019 2020 2021
    Population (thousand) 2 919 s 2 877 s 2 870 s 2 862 s 2 846 s 2 830 s
    Total area of the country (km²) 28 748 w 28 748 w 28 748 w 28 748 w 28 748 w 28 791 e
    National accounts Note 2010 2017 2018 2019 2020 2021
    Gross domestic product (GDP) (million national currency) 1 239 645 1 550 646 1 636 731 1 691 903 1 647 431 1 856 172 p
    Gross domestic product (GDP) (million euro) 8 997 11 559 12 828 13 754 13 310 15 157 p
    GDP (euro per capita) 3 090 4 020 4 480 4 820 4 690 5 390 p
    GDP per capita (in purchasing power standards (PPS)) 7 287 8 771 9 153 9 506 9 213 10 296 p
    GDP per capita (in PPS), relative to the EU average (EU-27 = 100) 29.3 29.9 30.2 30.4 30.7 31.7
    Real GDP growth rate: change on previous year of GDP volume (%) 3.7 3.8 4.0 2.1 - 3.5 p :
    Employment growth (national accounts data), relative to the previous year (%) : : : : : :
    Labour productivity growth: growth in GDP (in volume) per person employed, relative to the
    previous year (%)
    : : : : : :
    Unit labour cost growth, relative to the previous year (%) : : : : : :
    **3 year change (T/T-3) in the nominal unit labour cost growth index (2015 = 100) : : : : : :
    Labour productivity per person employed: GDP (in PPS) per person employed relative to EU
    average (EU-27 = 100)
    : : : : : :
    Gross value added by main sectors
    Agriculture, forestry and fisheries (%) 20.7 21.8 21.1 21.0 21.9 21.1 p
    Industry (%) 13.8 12.8 14.1 13.8 12.8 12.9 p
    Construction (%) 14.9 10.5 10.3 9.8 10.2 10.9 p
    Services (%) 50.8 s 54.9 s 54.6 s 55.4 s 55.2 s 55.2 ps
    Final consumption expenditure, as a share of GDP (%) 89.3 91.1 90.4 91.3 92.5 88.6 p
    Gross fixed capital formation, as a share of GDP (%) 28.4 24.6 23.9 22.3 22.6 24.4 p
    Changes in inventories, as a share of GDP (%) 1.9 0.5 0.0 0.7 0.3 0.5 p
    Exports of goods and services, relative to GDP (%) 28.0 31.6 31.6 31.3 22.7 31.3 p
    Imports of goods and services, relative to GDP (%) 48.6 46.6 45.2 45.0 37.2 44.7 p
    Gross fixed capital formation by the general government sector, as a percentage of GDP (%) : : : : : :
    Business Note 2010 2017 2018 2019 2020 2021
    Industrial production volume index (2015 = 100) 1) 57.0 w 81.4 w 96.6 w 95.5 w 89.5 w 113.0 w
    Number of active enterprises (number) 2) 72 599 w 97 352 w 97 272 w 93 563 w 92 008 w :
    Birth rate: number of enterprise births in the reference period (t) divided by the number of
    enterprises active in t (%)
    3) 16.0 w 15.3 w 12.5 w 10.8 w 10.4 w 12.6 w
    Death rate: number of enterprise deaths in the reference period (t) divided by the number of
    enterprises active in t (%)
    : : : : : :
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    People employed in SMEs as a share of all persons employed (within the non-financial
    business economy) (%)
    2) 83.5 sw 80.5 sw 80.2 sw 81.2 sw 81.3 sw :
    Value added by SMEs (in the non-financial business economy) (EUR million) 2) 1 560 sw 2 520 sw 2 881 sw 3 263 sw 3 103 sw :
    Total value added (in the non-financial business economy) (EUR million) 2) 2 462 w 3 687 w 4 187 w 4 511 w 4 184 w :
    Inflation rate and house prices Note 2010 2017 2018 2019 2020 2021
    Consumer price index (CPI), change relative to the previous year (%) : 3.2 d 1.8 d 1.7 d 2.2 d 2.3 d
    **Annual change in the deflated house price index (2015 = 100) : : : : : :
    Balance of payments Note 2010 2017 2018 2019 2020 2021
    Balance of payments: current account total (million euro) : - 870.6 - 865.7 - 1 089.2 - 1 153.3 - 1 166.2
    Balance of payments current account: trade balance (million euro) : - 2 823.1 - 2 869.7 - 3 144.1 - 2 982.1 - 3 828.9
    Balance of payments current account: net services (million euro) : 1 086.8 1 110.3 1 263.8 1 056.2 1 795.8
    Balance of payments current account: net balance for primary income (million euro) : 18.3 - 13.6 - 180.3 - 227.6 - 211.0
    Balance of payments current account: net balance for secondary income (million euro) : 847.5 907.2 971.3 997.1 1 077.9
    Net balance for primary and secondary income: of which government transfers (million euro) : 69.6 67.1 67.1 58.2 48.6
    **3 year backward moving average of the current account balance relative to GDP (%) : - 7.9 - 7.3 - 7.4 - 7.8 - 8.1
    **Five year change in share of world exports of goods and services (%) : : : : 5.3 21.7
    Net balance (inward - outward) of foreign direct investment (FDI) (million euro) 788.5 w 992.4 s 1 023.6 s 1 037.1 s 893.6 s 988.8 s
    Foreign direct investment (FDI) abroad (million euro) 4.8 w 23.4 69.1 114.2 76.4 53.3
    of which FDI of the reporting economy in the EU-27 countries (million euro) : 14.6 w 32.4 w 39.1 28.5 27.3
    Foreign direct investment (FDI) in the reporting economy (million euro) 793.3 w 1 017.0 w 1 092.1 w 1 150.5 w 970.2 w 1 043.3 w
    of which FDI of the EU-27 countries in the reporting economy (million euro) : 404.7 w 248.0 w 649.4 535.3 679.8
    **Net international investment position, relative to GDP (%) : - 47.1 w - 49.4 w - 48.4 w - 53.9 w - 49.9 w
    Year on year rate of change in gross inflow of remittances (in national currency) from migrant
    workers (%)
    7.7 sw 5.5 s 5.2 s 5.1 s 5.1 s 5.0 ps
    Public finance Note 2010 2017 2018 2019 2020 2021
    General government deficit / surplus, relative to GDP (%) 4) - 3.1 w - 2.0 w - 1.6 w - 1.9 w - 6.8 w - 6.8 fw
    General government gross debt relative to GDP (%) 4) 54.0 w 66.9 w 64.9 w 63.3 w 72.7 w 76.7 fw
    Total government revenues, as a percentage of GDP (%) 4) 26.2 w 27.8 w 27.5 w 27.2 w 26.3 w 28.1 fw
    Total government expenditure, as a percentage of GDP (%) 4) 29.3 w 29.8 w 29.1 w 29.1 w 33.2 w 35.0 fw
    Financial indicators Note 2010 2017 2018 2019 2020 2021
    Gross external debt of the whole economy, relative to GDP (%) 45.6 sw 68.8 s 65.1 s 59.9 s 64.2 s 64.4 ps
    Gross external debt of the whole economy, relative to total exports (%) 162.6 w 217.6 w 205.8 w 191.3 w 283.1 w 205.3 w
    Money supply: M1 (banknotes, coins, overnight deposits, million euro) 1 998.9 w 3 440.8 w 3 752.1 w 4 259.5 w 5 149.2 w 5 727.5 w
    Money supply: M2 (M1 plus deposits with maturity up to two years, million euro) 4 387.2 w 5 508.2 w 5 732.2 w 6 160.4 w 6 967.3 w 7 507.8 w
    Money supply: M3 (M2 plus marketable instruments, million euro) 7 114.3 w 9 444.2 w 9 906.4 w 10 717.6 w 11 771.8 w 12 929.3 w
    139
    Total credit by monetary financial institutions to residents (consolidated) (million euro) 3 481.5 w 8 690.6 9 462.0 10 095.6 10 696.1 12 220.4
    **Annual change in financial sector liabilities (%) : 5.7 3.2 2.3 7.5 11.6
    **Private credit flow, consolidated, relative to GDP (%) : : : : : :
    **Private debt, consolidated, relative to GDP (%) : 59 54 54 58 55 p
    Interest rates: day-to-day money rate, per annum (%) 5) 5.37 w 1.34 w 1.24 w 1.10 w 0.73 w 0.65 w
    Lending interest rate (one year), per annum (%) 6) 11.29 w 5.98 w 5.66 w 6.25 w 6.05 w 5.91 w
    Deposit interest rate (one year), per annum (%) 7) 6.40 w 0.75 w 0.73 w 0.49 w 0.40 w 0.48 w
    Euro exchange rates: average of period (1 euro = … national currency) 137.790 134.150 127.590 123.010 123.770 122.460
    Trade-weighted effective exchange rate index, 42 countries (2015 = 100) : : : : : :
    **3 year change (T/T-3) in the trade-weighted effective exchange rate index, 42 countries
    (2015 = 100)
    : : : : : :
    Value of reserve assets (including gold) (million euro) 1 904.8 w 2 995.9 w 3 399.0 w 3 359.6 w 3 942.4 w 4 972.2 w
    External trade in goods Note 2010 2017 2018 2019 2020 2021
    Value of imports: all goods, all partners (million euro) 3 328 4 648 5 026 5 269 4 860 6 545
    Value of exports: all goods, all partners (million euro) 1 169 2 026 2 431 2 426 2 190 3 012
    Trade balance: all goods, all partners (million euro) - 2 160 - 2 622 - 2 596 - 2 843 - 2 670 - 3 533
    Terms of trade (export price index / import price index * 100) (number) 102.1 sw 99.8 sw 103.6 sw 99.2 sw 104.1 sw 104.5 sw
    Share of exports to EU-27 countries in value of total exports (%) 70.2 s 77.0 s 75.9 s 76.4 s 74.7 s 72.2 s
    Share of imports from EU-27 countries in value of total imports (%) 65.5 s 60.8 s 60.0 s 57.7 s 57.9 s 54.4 s
    Demography Note 2010 2017 2018 2019 2020 2021
    Crude rate of natural change of population (natural growth rate): number of births minus
    deaths (per thousand inhabitants)
    4.8 3.0 2.5 2.3 0.2 - 1.2
    Infant mortality rate deaths of children under one year of age (per thousand live births) 9.6 8.0 8.9 10.3 10.0 8.4
    Life expectancy at birth: male (years) : 77.1 77.4 77.6 75.2 73.6
    Life expectancy at birth: female (years) : 80.1 80.5 80.7 79.6 77.7
    Labour market Note 2010 2017 2018 2019 2020 2021
    Economic activity rate for persons aged 20–64: proportion of the population aged 20–64 that
    is economically active (%)
    69.7 ew 73.9 w 74.8 ew 75.9 ew 75.3 ew 75.1 ew
    *Employment rate for persons aged 20–64: proportion of the population aged 20–64 that are
    in employment (%)
    60.3 ew 63.9 w 65.6 ew 67.1 ew 66.3 ew 66.3 ew
    Male employment rate for persons aged 20–64 (%) 71.5 ew 72.1 w 73.9 ew 74.7 ew 74.0 ew 74.6 ew
    Female employment rate for persons aged 20–64 (%) 49.8 ew 55.6 w 57.4 ew 59.7 ew 58.8 ew 58.3 ew
    Employment rate for persons aged 55–64: proportion of the population aged 55–64 that are
    in employment (%)
    48.3 ew 55.5 ew 58.2 ew 60.4 ew 60.3 ew 60.0 ew
    Employment by main sectors
    Agriculture, forestry and fisheries (%) : 38.2 ew 37.4 ew 36.4 ew 36.1 ew 33.8 ew
    Industry (%) : 12.5 ew 12.7 ew 13.1 ew 13.4 ew 13.8 ew
    140
    Construction (%) : 6.9 ew 7.0 ew 7.0 ew 7.0 ew 8.1 ew
    Services (%) : 42.4 ew 42.9 ew 43.5 ew 43.5 ew 44.3 ew
    People employed in the public sector as a share of total employment, persons aged 20–64
    (%)
    : 16.4 ew 15.9 ew 15.3 ew 15.5 ew 16.3 ew
    People employed in the private sector as a share of total employment, persons aged 20–64
    (%)
    : 83.6 ew 84.1 ew 84.7 ew 84.5 ew 83.7 ew
    Unemployment rate: proportion of the labour force that is unemployed (%) 14.0 ew 13.7 ew 12.3 ew 11.5 ew 11.8 ew 11.6 ew
    Male unemployment rate (%) 12.6 ew 14.6 ew 12.7 ew 11.6 ew 11.6 ew 11.4 ew
    Female unemployment rate (%) 15.9 ew 12.6 ew 11.9 ew 11.4 ew 12.0 ew 11.8 ew
    Youth unemployment rate: proportion of the labour force aged 15–24 that is unemployed (%) 30.5 ew 31.9 ew 28.3 ew 27.2 ew 26.5 ew 27.1 ew
    Long-term unemployment rate: proportion of the labour force that has been unemployed for
    12 months or more (%)
    10.6 ew 8.9 ew 8.3 ew 7.3 ew 7.0 ew 7.3 ew
    Unemployment rate for persons (aged 25–64) having completed at most lower secondary
    education (ISCED levels 0-2) (%)
    10.9 ew 11.2 ew 9.2 ew 8.6 ew 9.6 ew 9.8 ew
    Unemployment rate for persons (aged 25–64) having completed tertiary education (ISCED
    levels 5-8) (%)
    : 11.7 ew 11.5 ew 9.7 ew 10.0 ew 8.4 ew
    Social cohesion Note 2010 2017 2018 2019 2020 2021
    Average nominal monthly wages and salaries (national currency) 8) 9) 44 375 ew 48 967 ew 50 589 ew 52 380 ew 53 662 ew 57 190 ew
    Index of real wages and salaries (index of nominal wages and salaries divided by the
    inflation index) (2016 = 100)
    9) : 101 ew 102 ew 105 ew 105 ew 110 ew
    GINI coefficient : 37 35 34 33 :
    Poverty gap : 33.4 32.4 28.6 26.0 :
    *Early leavers from education and training: proportion of the population aged 18–24 with at
    most lower secondary education who are not in further education or training (%)
    31.9 ew 19.6 w 17.4 w 16.3 w 15.6 w 17.4 w
    Standard of living Note 2010 2017 2018 2019 2020 2021
    Number of passenger cars relative to population size (number per thousand population) 101.0 sw 145.0 161.0 176.0 191.0 210.0
    Number of mobile phone subscriptions relative to population size (number per thousand
    population)
    10) 1 584.4 w 1 934.4 w 1 445.6 w 1 183.8 w 1 176.2 w 1 239.1 w
    Mobile broadband penetration (per 100 inhabitants) 10) : : : 62.7 w 70.4 w 73.1 w
    Fixed broadband penetration (per 100 inhabitants) 10) : 11 w 13 w 15 w 17 w 20 w
    Infrastructure Note 2010 2017 2018 2019 2020 2021
    Density of railway network (lines in operation per thousand km²) 13.9 sw 11.6 sw 11.6 sw 5.9 sw 7.8 sw 7.8 s
    Length of motorways (kilometres) : z z z 22 25
    Innovation and research Note 2010 2017 2018 2019 2020 2021
    Public expenditure on education relative to GDP (%) 3.4 sw 3.1 sw 3.2 psw 3.3 sw 3.3 psw 3.1 sw
    *Gross domestic expenditure on R&D relative to GDP (%) : : : : : :
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    Government budget appropriations or outlays on R&D (GBAORD), as a percentage of GDP
    (%)
    : : : : : :
    Percentage of households who have internet access at home (%) : : 83.6 85.5 87.2 90.9
    Environment Note 2010 2017 2018 2019 2020 2021
    *Index of greenhouse gas emissions, CO2 equivalent (1990 = 100) : : : : : :
    Energy intensity of the economy (kg of oil equivalent per 1 000 euro GDP at 2015 constant
    prices)
    229.1 219.2 209.4 204.2 196.3 :
    Electricity generated from renewable sources relative to gross electricity consumption (%) 74.6 91.0 92.5 93.0 100.0 94.4
    Road share of inland freight transport (based on tonne-km) (%) : : : : : :
    Energy Note 2010 2017 2018 2019 2020 2021
    Primary production of all energy products (thousand TOE) 1 620 1 642 2 015 1 736 1 494 1 823
    Primary production of crude oil (thousand TOE) 744 959 911 1 005 758 712
    Primary production of solid fuels (thousand TOE) 2 76 161 52 69 131
    Primary production of gas (thousand TOE) 12 37 32 58 41 44
    Net imports of all energy products (thousand TOE) 622 s 920 s 503 s 753 s 793 s 553 s
    Gross inland energy consumption (thousand TOE) 2 152 2 375 2 366 2 355 2 183 2 298
    Gross electricity generation (GWh) 7 568 4 526 8 553 5 206 5 313 8 963
    Agriculture Note 2010 2017 2018 2019 2020 2021
    Agricultural production volume index of goods and services (at producer prices) (2010 = 100) : : : : : :
    Utilised agricultural area (thousand hectares) 1 200.9 1 174.1 1 174.0 1 174.1 1 165.7 1 165.6
    Livestock numbers: live bovine animals (thousand heads, end of period) : 475.2 467.3 415.6 362.6 336.8
    Livestock numbers: live swine (thousand heads, end of period) : 180.1 184.1 183.9 158.4 159.2
    Livestock numbers: live sheep and live goats (thousand heads, end of period) : 2 858.6 s 2 781.0 s 2 621.2 s 2 332.2 s 2 255.8 s
    Raw milk available on farms (thousand tonnes) : : : : : :
    Harvested crop production: cereals (including rice) (thousand tonnes) : : 678.2 666.1 684.0 691.4
    Harvested crop production: sugar beet (thousand tonnes) : 0.0 27.5 30.7 27.0 24.4
    Harvested crop production: vegetables (thousand tonnes) : : : : : :
    Source: Eurostat and/or the statistical authorities in Albania
    : = not available
    d = definition differs
    e = estimated value
    f = forecast
    p = provisional
    s = Eurostat estimate
    w= data supplied by and under the responsibility of the national statistical authority and published on an "as is" basis and without any assurance as regards their quality
    and adherence to EU statistical methodology
    142
    * = Europe 2020 indicator
    ** = Macroeconomic Imbalance Procedure (MIP) indicator
    Footnotes:
    1) Activity B_D
    2) Based on NACE Rev. 2. Coverage is Divisions 05 to 82 and 95.
    3) A Directive made some farmers part of the SBR. Reform by the Albania Government to reduce the informal economy as well as the registration of farmers resulted in the SBR keeping
    just enterprises registered within the year and not newly created enterprises. As a result the birth rate can not be calculated from these data.
    4) Forecasts of the Ministry of Finance and Economy.
    5) Annual average of the Tribor rate – interbank rate for overnight loans.
    6) Average weighted rate applied to new 12-month loans over the respective month, on 12-month maturity.
    7) Deposit interest rate represents the average weighted rate for newly accepted deposits over the respective month, on 12-month maturity.
    8) Public sector only.
    9) Source of information: General Directorate of Taxation, social insurance contributors; INSTAT's calculation
    10) The data are updated with the average population data for 2020.