Annual progress report 2015 albanian contribution – input I september 2014 – may 2015 table of contents



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1.4 Procedural Measures
The Ministry of Culture is currently working on drafting the new law on “Cultural Heritage”, which fully transposes the Directive 2014/60/EU. The timeline for its approval is June 2015 by the Council of Ministers and July 2015 by the Parliament.

CHAPTER 2: FREE MOVEMENTS OF WORKERS


Key achievements
"National Strategy on Employment and Skills" 2014-2020 and its action plan include the policies on foreigners. Strategy estimates that some interventions should be made in several areas such as further strengthening the communication capacity at local level for regular migration for employment (migration counters). Moreover, it provides concrete measures in relation to regular reporting on labor mobility within the country and abroad, and about aligning existing immigration legislation in line with EU directives.
2.1 Access to the labour market
Status of legal harmonization

In implementation to the Law "on foreigners" no. 108/2013 during 2014 are approved 18 DCM’s.


Institutional framework

Finalization of the Profile Migration for Albania for 2013 is approved by Decree Nr.857, dated 12.10.2014. For that purpose was established an inter-institutional working group.


Priorities

One of the key priorities for the future, in accordance with the Law "on foreigners", No. 108/2013 will be the drafting of a National Program of Social Integration of Foreigners., with the cooperation of responsible institutions. The obligation to develop policies for the integration of foreigners comes under the European Social Charter (amended), international conventions in the field of migration, as well as EU directives.


Further update of the Albanian legislation and its approximation with EU legislation will continue according to the National Plan for the European Integration 2015-2020.
Economic and social aspects
Statistics

Evaluation and implementation of the legislation on foreigners, and the preparation of periodic information for foreign nationals who come to work in the Republic of Albania continues.

During 2014, the Directorates of Employment issued 1389 Declaration on Employment for the citizens of the European Union, the Schengen Area, citizens of the United States of America, Republic of Kosovo. The greatest number of citizens equipped with Declaring Certificates for Employment, were Italian citizens with 571 certificates, or 41% of the total.
Increase of capacities of staff
Training

Training on "Best Practices of integration of migrants” in accordance with OSCE commitments was held on 15-16 October in Tirana. The training was organized by the OSCE Office for Democratic Institutions and Human Rights, in cooperation with the OSCE representative in Albania and representatives of the Ministry of Social Welfare and Youth. The purpose of this training was to support the OSCE member States for a better implementation and rapid OSCE commitments for the integration of migrants.

In this regard was discussed on the key elements of the integration of migrants, OSCE commitments in the field of integration of migrants, as well as the institutional and legal framework for the integration of migrants in host countries.
2.2 Coordination of the social security system
Status of legal harmonization according to the NPEUI (National Plan for European Integration 2014-2020)

No

Title

Type of legal act

Institution

Act’s No

Adoption date

Implementation date

1.

Agreement on Social Security between Republic of Albania and Hungary

law

MSWY

DCM no.531

06.08.2014

2016

2.

Agreement on Social Security between Republic of Albania and Romania

law

MSWY

DCM no.626

24.09.2014

2016

3.

Agreement on Social Security between Republic of Albania and Macedonia

law

MSWY

DCM no.

11.03.2015

2016

4.

Agreement on Social Security between Republic of Albania and Luxembourg

law

MSWY

DCM no.530

06.08.2014

2016

The social security agreements are initiated pursuant to obligations defined by the Stabilization Association Agreement. A draft for coordination of social security schemes between EC and Albania is in the process of approval. Agreements with Hungary, Luxembourg and Romania are completed and are in process of ratification by the Albanian Parliament. These agreements are under the Ministry of Foreign Affairs responsibilities.


The agreement between Republic of Albania and Canada, on Social security, is already approved by the Council of Ministers. Agreement on social security with Macedonia has been signed in Skopje on 17 of March 2015. Negotiations will continue to discuss and approve the Administrative Arrangement.
In the January 2015, started the negotiations for bilateral social security agreement between Albania and Germany, which will continue in Berlin, during second trimester of 2015. In the context of expanding the process of coordination of social security schemes, in February of 2015 in Vienna, the first talks on bilateral agreements between Republic of Albania and Republic of Austria were held. Cooperation in the technical level to analyse and evaluate the social security systems in Albania and Italy has started, to conclude the negotiations of a bilateral agreement.
MSWY has expressed interest in collaborating with the Ministry of Foreign Affairs and diplomatic missions to increasing the number of the bilateral agreements on social protection, especially with Italy and Greece, where there are high number of Albanian emigrants.
Cooperation with the Spanish Government, Croatia, Denmark, and France has started for negotiations for bilateral agreement. Actually has started mutual exchanges of information on social protection systems.
Economic and social aspects

By implementing of Agreements between the Republic of Albania and other countries will have no immediate financial impact, since the right to benefit from social security schemes Albanian and foreign citizens will arises in a second period, when they have reached the retirement age. The financial effects of the implementation of agreements covered by each party to the agreement and will be calculated on a case by case basis, when they become effective.



CHAPTER 3: RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES
Key achievements
The draft law “On services in the Republic of Albania”, partially approximating Albanian law with Directive 2006/123 EC “On services in the internal market”, was prepared. The draft law on postal services was endorsed by the DCM No 148, dated 18.02.2015 “On the proposal of the draft law “On Postal Services in the Republic of Albania” and sent for approval to the Parliament. On 1.4.2015 the Council of Ministers also endorsed the draft law ”On Higher Education and Scientific Research in Higher Education and Scientific Research Institutions”.
3.1 & 2 Right of establishment and freedom to provide services
The draft law “On services in the Republic of Albania”, approximating partially the Albanian legal system with Directive 2006/123 EC had been prepared and sent out for a consultation with line ministries. The Ministry of Economic Development, Tourism, Trade and Entrepreneurship has continued preparatory work on approximation of Albanian law with EU acquis in chapter 3 The screening plan, including the sectoral legislation screening and the respective timeline for all services will be prepared. The preparation of the screening plan is due by September 2015. In addition to this, following the screening on mining, the screening report on VET is finalized and has been sent to the EU Delegation in Albania. The screening process on mining and VET legislation served as pilot exercise to test the methodology and coach other sectorial technical working groups on the process. The work for screening tax legislation, legal services and social services has started. The final reports are due by September 2015.
Amendments to Law No 9723 of 03.05.2007 “On National Registration Centre” approximating Albanian law with the Directive 2009/101/EC “On coordination of safeguards which, for the protection of the interests of members and third parties, are required by Member States of companies within the meaning of the second paragraph of Article 48 of the Treaty, with a view to making such safeguards equivalent”, including the necessary provisions for on-line registration, were approved by Law No 8/2015. The Directive 2009/101/EC is fully transposed through the amendments of the abovementioned law and the amendments on Company law approved in November 2014. Moreover, amendments to the Law No. 10081 of 23.02.2009 “On licenses, authorizations and permits in the Republic of Albania” outlining the fundamental rules on authorisation schemes and procedures and including the issuance of authorisation through NLC system, were approved by Law No. 6/2015.
The review of authorisations is completed. Based on the Order of the Minister of EDTTE No. 461, dated 29.10.20014 “On the creation of the working group for including authorizations by or through the NLC” the working group, finalised the screening of all authorisations issued in Republic of Albania by Ministries and prepared the final report based on the findings. The inventory of all authorisation issued in Albania is prepared. The report is subject to consultation with line ministries and drafting of the legislative changes will start in 2015.
Concerning the increase of the capacities of the inter-institutional working group for the right of establishment and freedom to provide services, online training was made available through Albanian School of Public Administration’s webpage (www.aspa.gov.al). The on-line training has two modules: (i) principles of the right of establishment and free movement of services, (ii) instruments and methodology of screening based on a concrete case of screening. In this case the screening of the mining is used as a template to explain the exercise. These training will contribute also to technical working groups to be established for each sectorial legislation screening.
3.3 Postal service
A draft law on postal services was prepared by the Inter-Institutional Working Group set-up as per Order of Minister of State for Innovation and Public Administration No. 1183 of 18.03.2014. During July-September 2014, the draft law was in public consultation process. A round table was organised by the Minister for Innovation and Public Administration in September 2014 with market players and AKEP to discuss on the draft law and on the feedback received during the consultation process.
The draft law was endorsed by the Decision of Council of Ministers No 148 of 18.02.2015“On the proposal of the draft law “On Postal Services in the Republic of Albania”. The draft law was submitted to the Parliament for approval. The law is fully approximated the with Directive 97/67/EC and Directive 2002/39/EC, but does not reflect the changes of the directive 2008/6/EC.
3.4 Mutual recognition of professional qualifications
The drafting of the “Strategy for Pre-university Education 2014-2020” was completed. The draft strategy was consulted with interest groups, including donors, representatives of national and international organizations, foreign embassies, representatives of universities, etc. Suggested recommendations were reflected on and the final draft of the strategy has been sent for approval to the Council of Ministers.
On 1.4.2015 the Council of Ministers endorsed the draft law ”On Higher Education and Scientific Research in Higher Education and Scientific Research Institutions”. The draft was submitted to the Parliament for adoption.
This draft law had been subject to public consultations. For instance on 5.3.2015 an open meeting between the Commission for the Reform in Higher Education and Scientific Research and all public and private higher education institutions took place to discuss the draft law.
State exams in the professions of physician, dentist, pharmacist, nurse, midwife, physiotherapist, speech therapist, imagery technician, laboratory technician and teacher took place during November 2014 - March 2015.


No

Profile

No participation

Successful

% Successful

Unsuccessful

% Unsuccessful

Absence

% Absence

Total

1

Pharmacist

283

164

58%

119

42%

32

10%

315

2

Physiotherapist

39

25

64%

14

36%

9

19%

48

3

Imagery technician

23

9

39%

14

61%

8

26%

31

4

Nurse

720

334

46%

386

54%

218

23%

938

5

Speech therapist

3

3

100%

0

0%

1

25%

4

6

Midwife

69

37

54%

32

46%

23

25%

92

7

Physician

282

264

94%

18

6%

10

3%

292

8

Dentist

180

132

73%

48

27%

24

12%

204

9

Laboratory technician

43

24

56%

19

44%

9

17%

52




Total

1642

992

60%

650

40%

334

17%

1976

The State Exam for the Profession of Teacher is conducted by the National Exam Agency electronically (computer based test) and in conformity with international standards. The last session of Teacher state exams was developed during November-December 2014. State exam for teaching profession is held in 23 profiles. The total number of the candidates who have registered for the state exam is 986, from which 713 candidates have participated in the state exam of teaching and 385 candidates (54%) are successful.


In the area of Education and Vocational Training, the DCM No. 198, dated 04.03.2015 "On the procedures of establishment, reorganization and closure of public institutions, providers of vocational education and training" was approved. The Decision "On the organization and functioning of the National VET Council and Technical Secretariat" was by the Council of Ministers on 8.04.2015.
The registration of youth in vocational schools in the academic year 2014-2015, supported by a very good awareness campaign, is significantly increased, reaching to 5835 students compared with 4,797 students enrolled from 2013 to 2014. The number of girls registered in school increased also from 583 to 705.
Based on the study that the Ministry has realized with the support of GIZ, for the current state of high professional schools, and the recommendations of this study, the work on rationalization of schools has started. Work will continue in this direction and currently we have also the support of ETF (European Training Foundation).
The analysis of comparable indicators for 2014 activity of the Regional Vocational Training Centres, shows that for the period January-December 2014 were registered in these centres for training 17,138 people. The people who completed the courses are 13,893 persons, of who are practicing certified 13,102 people. Compared with the 2013 has an increase of 4,208 persons certified. Women are trained in total 6296 (45% of all trainees) compared to 2013 are 2,400 more. The jobless total train for 2014 were 10,473 people, compared with 2013 were 5,466 unemployed persons.
Two new specialists are added in the Department of Education and Vocational Training in MSWY. The department has currently 7 specialists and 1 director, being reorganized in two sectors. This change will increase the efficiency and effectiveness of the Department to respond to the needs of the reform in education and vocational training.
In cooperation with MEGATEK company, the MSWY is working for the organization of Professional Skills Olympiads 2015. In the Olympiads, to be finalized on May 8, 2015, in the premises of MEGATEK centre, vocational schools in 6 profiles (i.e. thermo-hydraulics, processing wood, electrical, construction, agriculture (horticulture profiles) and ICT) will compete.
In cooperation with the IADSA (Italian-English Debt for Development Swap Program) the implementation of "Fashion VET-AL project" is starting. Moreover, in cooperation with the CFCU (Central Finance and Contracting Unit) MSWY is working to select the company that will implement the project Europe Aid/136359/IH/SER/AL "Support to Employment-Oriented Vocational Education and Training".

CHAPTER 4: CAPITAL MOVEMENT



Key achievements

In the field of payment systems, for the implementation of Article 13 of the Law No. 133/2013 date 29.04.2013 “On Payment System”, Bank of Albania (BoA) drafted a manual on oversight of payment systems operated by BoA- AIPS33 and AECH34. The provisions of this manual are drafted partly in line with Regulation of the European Central Bank (EU) No.795/2014 of 3 July 2014, on oversight requirements for systemically important payment systems (ECB/2014/28); Revised oversight framework retail payment systems - ECB Regulation on oversight requirements and Assessment methodology - ECB Regulation on oversight requirements for Systemically Important Payment Systems. This draft-manual is foreseen to be approved by the First Deputy Governor Order by the end of April 2015.


4.1 Development in the Payment System
During 2014 and the first quarter of 2015 basic infrastructure for the settlement and clearing of national payments in lek functioned safely and efficiently, hence contributing to supporting the efficient implementation of monetary policy, safeguarding financial stability and upholding public confidence in the national currency. The systems operated and managed by the Bank of Albania - “Albanian Interbank Payment System (AIPS) for large payments” and “Albanian Electronic Clearing House (AECH) for clearing small-value payments” - have operated in line with the relevant rules and procedures, preventing thus extraordinary situations.
To accomplish its function as operator and administrator of payment systems, during 2014, the Bank of Albania implemented a set of measures to improve the existing infrastructure (AECH and AIPS), and established new infrastructures, such as the central Albanian Financial Instrument Settlement and Registration (AFISaR) system. These developments are assessed to contribute considerably in enhancing security and efficiency of the payment systems, and in establishing new premises for the development of the financial markets infrastructure. In this regard, the applicable regulatory framework was updated and improved.
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