Concerning the land
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Article 12The investors of projects dedicated to construction or renovation of hotels in urban zones are entitled to the same privileges described in article 8 together with relevant conditions. Article 13The provisions of this law will supersede the provisions of other laws with respect to issues covered by this law. Article 14In circumstances when the rights of a foreign stimulated person are affected relative to issues pertaining to the validity of the permit granted in accordance with article 4, letter “a”, and the person refuses to accept the solution offered by the Committee, he is entitled to take the issue to the International Arbitrage as prescribed by the Arbitrage Regulations of the United Nations Commission on International Commercial Law. When the stimulated person is an Albanian national, in line with established procedures, the solution of disagreements for above mentioned issues would be subject to Albanian competent Courts and the relevant Albanian legislation. Article 15This law enters into force immediately. CHAIR OF THE PRESIDIUM Pjetër ArbnoriL A WNo. 7722 dated 15. 06. 1993ONCONSERVATION OF THE STOCK OF MEDICINAL ETHER-OLEAGINOUS AND NATURALLY TANNIFEROUS PLANTS Based on Article 16 of the Law No. 7491, dated 29.04.1991 “On basic constitutional provisions”, upon proposal of the Council of Ministers, The People’s Assembly of the Republic of Albania HAS DECIDEDArticle 1The stock of medicinal ether-oleaginous and naturally tanniferous plants growing and cultivated in the territory of the Republic of Albania constitutes national wealth. Ownership and administration of such plants is subject to regulations governing the management of land bearing such plants. Article 2The General Directorate of Forests and subordinated structures are responsible to design and take measures for the protection, increase and growth of medicinal, ether-oleaginous and naturally tanniferous plants. In lands under government ownership the Directorate designates the plots, time schedule, varieties, quantities and issues permits for collection and harvesting of such plants. Article 3Physical or legal persons to be involved in the harvesting of medicinal, ether-oleaginous and naturally tanniferous plants are obligated to obtain relevant license from the local Directorate of Forest Services. Article 4In the month of October every year, the Minister of Agriculture and Food produces a list of endangered varieties of medicinal, ether-oleaginous and naturally tanniferous plants. The Minister of Agriculture and Food bans the harvesting, collection and exportation of plants until such time as it takes for them to grow and proliferate. The ban is effective on any such plant irrespective of public or private ownership. Article 5The harvesting of medicinal, ether-oleaginous and naturally tanniferous plants is subject to technical criteria defined by special regulation of the Minister of Agriculture and Food, irrespective of ownership over such plants. Except when otherwise provided by the Minister for Agriculture and Food, activities that may cause destruction, damage and reduction of productivity and proliferation are prohibited to be carried out on the stock of ether-oleaginous and naturally tanniferous plants. Article 6Forest Service authorities are charged with overseeing implementation of this law. The review of administrative breaches is subject to a committee of no less than three persons designated by the director of the directorate of forest services. Article 7Violation of provisions of this law as represented by articles 3, 4 and 5, if the value of the harvested plant is estimated above 1000 leks qualifies as administrative infringement and is punished by fines ranging from 250 up to 10000 leks, as well as confiscation of the harvest or the counterpart value in cases of harvest disposal. Article 8Appeal against fine punishment and the execution of respective decisions is governed by procedures contained in Law No.7697, dated 7.04.1993 “On administrative infringements” Article 9The Minister of Agriculture and Food is authorized to draft relevant by-laws to make this law implementable. Article 10This law enters into force 15 days after its proclamation. CHAIRMAN OF THE PRESIDIUM Pjetër Arbnori LAW No.7867, dated October 12, 1994 FOR PROTECTION OF MOVABLE AND IMMOVABLE CULTURAL PROPERTY In reliance on article 16 of Law No. 7491 dated April 29, 1991 “For Main Constitutional Provisions”, on the proposal of Council of the Ministers, THE ASSEMBLY OF THE REPUBLIC OF ALBANIADECIDED: CHAPTER I GENERAL PROVISIONS Article 1 Movable and immovable cultural properties that exist and are discovered in private and state owned real estates, in rivers, lakes and continental shelf are protected by the state. Treatment and safeguarding of cultural properties is done by the state, and when necessary in co-operation with juridical and natural persons. Article 2 Ministry of Culture, Youth and Sports is entitled of conservation and assists for maintenance and preservation of particular features, cognition and studying of cultural properties. Ministry of Culture, Youth and Sports in co-operation with the Academy of Sciences and scientific institutions does the registration of cultural properties owned by any juridical and natural person. Any juridical or natural person is obliged to preserve the entirety of cultural and historical values of cultural properties that owns or uses and shall make use of these in compliance with by-laws associated with relevant responsible institutions.
No new construction shall be executed on ruins of immovable cultural properties, no entrance and no other intervention that affects its entirety shall be made in historical buildings and encircling walls. Article 5 It is prohibited the utilization of metal detectors in archeological sites and culture monuments, without the authorization of relevant institutions. CHAPTER II MOVABLE CULTURAL PROPERTIES Article 6Movable cultural properties are considered objects which of their nature as such are not affixed with terrain or building and that can be moved undamaged. Movable cultural properties shall be safeguarded in the national museums, other local museums, scientific institutions, libraries, archives and other state or private institutions, for studying, restoration and exhibition purposes.
When above persons infringe this deadline, they shall fine in accordance with the sanctions provided for in this law. Article 9 Any juridical or natural person that owns an object registered as movable cultural property is obliged to create good conditions for its maintenance. He shall enjoy the right to sell it inside the country, as per the authorization issued by the commissions established with approval of the Ministry of Culture, Youth and Sports. Article 10 Any juridical or natural person that discovers or finds in any manner a cultural object, within two weeks from the date of this discovery or finding, shall notify the organs of culture of local authorities or specialized institutions claiming the manner of finding of cultural objects and the place where it was found. After claiming the object, the commissions established for this purpose determine whether the founder can keep it for himself or the object shall transfer in state protection. Manners and procedures of evaluation of cultural object are determined by acts of Council of Ministers. Article 11 Cultural properties are not donated or exchanged among analog institutions with other states, with exception of particular cases, when serve to the national interests that are determined by acts of Council of Ministers. Genuine cultural properties shall not donate or exchange in any case. Article 12 Criteria for import and export of cultural properties and transit pass are determined with mutual agreements, in compliance with international convention “For measures, impediments and preventions of illegal import, export and transfer of cultural properties” (14.11.1970), as well as other international conventions. In the case when proved that an object is cultural property of our country that is located in another and vice-versa, import or export is done only after provided for the official request and legal and scientific documents submitted by the requesting party, as well as in accordance with the criteria determined by acts of Council of Ministers. In the case when an object of cultural property is illegally exported, Albanian state acquires automatically ownership of this object, without the necessity of confiscation or any other action.
Objects that are integral parts of a structure of a cultural monument, displacement of which can violate or deform historical, archeological, scientific, artistic, social or technical of the object, shall be deemed as immovable. Article 15 Studying and restoration of immovable cultural properties declared cultural monument or been in pre-protection, shall be performed by specialized state institutions or qualified juridical person that have authorization of Ministry of Culture, Youth and Sports. Article 16 Monumental ensembles, museum cities and monuments of a complex kind shall be declared cultural properties and are put on state protection by the Council of Ministers, on proposal of Ministry of Culture, Youth and Sports. Article 17 Cultural monuments like ensembles, citadels or museum cities shall be determined a surrounding land or ground, protective area, by the institutions for preservation and restoration of monuments. For special monuments, the minimum protective surface shall be as much as is necessary for their protection and sightseeing while for ensembles 40 my (incorrect measurement - note of the translator). For museum cities the borders shall be determined by the Council of Ministers. Article 18 Excavation, restoration, utilization and any other action in cultural monuments, as well as any change in the surrounding ground allocated for their protection shall not be done without authorization of relevant institution for protection of monuments. Alienation and displacement of cultural monuments shall be done on proposal of charged institution for their protection upon permit of organs of local authorities and with approval of Ministry of Culture, Youth and Sports. Article 19 State has the right of expropriation of objects been movable and immovable cultural properties owned by juridical or natural persons in the case when these properties are of a particular cultural and historical importance, or when this action is dictated by the necessity of their protection. Proposal in this case in done by the charged institution for their protection and is approved by the Ministry of Culture, Youth and Sports. Article 20 In cultural monuments can be executed works of excavation and restoration in co-operation with foreign specialized institutions, on basis of mutual contracts and agreements, excluding exclusivity of foreign institutions. In any case competent institution deciding for co-operation shall get approval for interventions in monuments by the higher organ. Article 21 Funds for restoration of monuments are provided from the state budget, from various foundations or from foreign organizations and institutions state or private owned, from private persons as well as from the revenues for monument usage. Funds provided from usage of cultural monuments are allocated totally in disposal of restoration and service to monuments. Article 22 For monuments private property of first category, the expenses of restoration works are supported at 50 % by the state. For monuments of second category in areas of museum cities are supported at 25 % by the state. In cases when private individuals do not pay off their dues, the object shall transfer in state ownership. Article 23 When in cultural monuments works are executed without authorization of charged institutions, organ of local government, shall order the reverse in previous condition of cultural monuments state or private owned. The order constitutes executive title. Expenses for reversal in previous condition of object shall be at the damager’s. In case when damages are caused, damager shall be in criminal prosecution. Article 24 Immovable cultural monuments private property can be sold. State shall enjoy the right of prior purchase. Any action of such nature shall be notified to institutions specialized for protection and restoration of monuments. Article 25 When during various works ancient ruins are discovered, initiated works shall immediately halt and institutions, companies or particular citizens that discover these ruins, shall oblige to notify immediately institution for protection of cultural monuments, who is obliged to send representatives in lieu within 48 hours from the date of notification receipt. Initiated works shall undergo changes or temporarily or definitely suspension, if necessity of protection of monument requires that action. When decision of charged institution for protection of monuments is opposed, question is ruled on by higher organ. Expenses needed for changes as well as those lost by suspension or halt of works are at burden of financer of works. Article 26 Institutions dealing with studying and design of projects and adjustment of urban centers shall oblige to apply this law and by-laws enacted in its application for protection of cultural monuments, historical centers and museum cities. Article 27 Massive gatherings in cultural monuments shall be prohibited, when such gatherings jeopardize or violate their values. Article 28 Cultural monuments can be used, provided for that their new function does not damage monument values. In any case utilization of cultural monument shall be permitted only after contract between users and charged for protection institution is signed. Article 29 Full or partial removal of cultural monument from state protection is exclusive right of organ who has declared that as such. Article 30 Any juridical or natural person or their co-operators that attempt to export or have exported cultural properties, as well as have caused damages and actions in movable and immovable cultural properties in violation of provisions of this law, when violations do not constitute criminal offense, are penalized for administrative offense with a fine ranging from 10 thousand to 100 thousand leks. The right of fine relies with persons charged by the Ministry of Culture, Youth and Sports and Academy of Sciences. Appeal against decision of fining and its execution shall be done in accordance with procedures and deadlines provided for in the Law “For administrative offenses”. Cashed amount from collection of fines is deposited at 50 % in state budget and at 50 % in favor of institutions, which administer cultural properties. Article 31Council of Ministers shall be charged to enact acts for insurance, studying, registration, protection and restoration of cultural properties, which shall be compulsory for institutions, companies, various organizations and citizens. Competent organs determined by Ministry of Culture, Youth and Sports and approved by Council of Ministers shall do protection of properties having national cultural and historical values.
Article 33This law is effective 15 days after publication in the Official Journal. |