European union – albania stabilisation and association committee 11 March 2015 table of contents political criteria 3
|
|  Yüklə 2.37 Mb.
|
6.5 INNOVATION, INFORMATION SOCIETY AND SOCIAL POLICYFollow-up of the 2014 Progress Report and the conclusions of the November 2014 Subcommittee meeting, with focus on the digital switchover, as well as the functioning, capacity and independence of the regulator and of the public broadcaster;Information society
The new Strategy for Digital Albania was drafted in 2014. The document was presented at a conference held in November 2014. During the period November – December the draft – strategy was for public consultation. The document has been revised to reflect the comments and suggestions received in the consultation process. The draft strategy is expected to be approved by the Council of Ministers in March 2015. Legislation on information society Aiming to comply with the principles and objectives set in the Digital Agenda for Europe in order to facilitate the wider deployment and more effective use of digital technologies therefore contributing to the transparency principle, the Minister of Innovation and Public Administration has drafted the law on Notification and Public Consultation. The law was approved by the Parliament on October 2014. Currently we are working to prepare the sublegal acts based on this law. In addition, a new on information rights was approved by Law No 119/2014 “On the right of information”. Recognizing the benefits of making data open during 2014, the policy document “On the implementation of public open data and open data portal” was drafted. This document was approved by Council of Ministers with Decision No 147 of 18.02.2015. Furthermore we are working to approximate the Reuse of Information Directive and its latest amendments into our national legislation. Legal framework on electronic communications Based on Law No 9918 of 19.05.2008 “On Electronic Communications in the Republic of Albania”, as amended, the Decision of Council of Ministers No 496 of 22.07.2014 “On the approval of rules and procedures for the renewal of the Individual Authorization for the use of the spectrum of frequency given with public tender” was approved. In addition, in compliance with technology neutrality principle adopted in Law No 9918 of 19.05.2008 “On Electronic Communications in the Republic of Albania”, as amended by Law No 102/2012, the amendments to the Decision No 1252 of 10.09.2008 “On the approval of rules for the public tender organisation, for the provision of frequency right of use” were approved by Decision of Council of Ministers No 469 of 9.07.2014. During 2015, we will work to transpose the Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks (broadband) and the legislation for the right of way.
Electronic communications
In implementing the strategy of transition from analogue to digital broadcasting approved by Council of Ministers Decision No 292 of 5.02.2012, two main structures are fully functional in coordinating and implementing the Strategy: the Interministerial Committee and the Technical Secretariat. The Interministerial Committee is directed by MSIPA and is composed by the concerned ministries, the Director of ART, of AKEP and AMA, and the Chairmen of the Competition Authority. The Interministrial Committee, supported by Technical Secretariat, have taken important decisions and significant step forwards in relation to the implementation of the strategy:
ART digital networks Regarding the construction of the digital networks of ART, MSIPA in the role of the Contracting Authority, has intensively pursued the contract negotiations with the winning bidder, and in the third week of March 2015 is expected the signature of the Contract. This Contract opens the way to swift implementation of the project with the aim to satisfy the transition from analogue to digital of ART actual transmissions and local/regional private media operators as is defined in strategy. The digital dividend The 20 March 2015, MSIPA will organise a workshop on the digital communication, maximising the use of spectrum with the main focus on the opportunities and challenges of the DSO process. Eminent speakers and stakeholders will participate and contribute in this event. European, regional and regulatory authorities, ITU and EBU experts, Council of Europe, European Union and OSCE representatives, Media and mobile telephony operators will be all present. The workshop will also focus on the important role of the use digital dividend for electronic communication services. This will mark the first event in the information and awareness campaign that will follow in regard to the different aspects of the DSO process. AMA based in the new audio visual law, can request all broadcast operators to support the information and awareness campaign free of charge.
A new Law No 107/2014 “On Planning and Development of Territory” was approved on 31 July 2014 and came in force on 1 October 2014. Based on this Law we are working with the National Agency for the Territory Planning (AKPT), to contribute in the drafting of the secondary legislation aiming to address the issue of RoW for electronic communication infrastructure. Minister of State for Innovation and Public Administration initiated on November 2014, a process for the regulation of the situation in the last mile cable infrastructure. A meeting with electronic communications operators was organized asking them to submit the proposals. During December 2014, the operators submitted their comments and suggestions about drafting a plan of measures for the regulation of air cable infrastructure over their underground cable infrastructure. On 20 February 2015, the Minister of State for Innovation and Public Administration in cooperation with AKEP held a consultative meeting with stakeholders to make the presentation of the project plan to remedy the situation of cable networks. The representatives from the electronic communication operators, the main municipalities, the Minister for the Urban Development, the National Agency for the Territory Planning, the Ministry for the Transportation and Infrastructure and National Road Authority took place and discussed on the action plan. The institutions and operators will follow the cooperation to implement the action plan. A draft law aiming to approximate the Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks, will be prepared in 2016.
Albania has intensified its efforts to facilitate implementation of the unified emergency number 112. Currently civil work began on the implementation of the 112 number in Tirana. 112 is unified emergency number that can be obtained free of charge from any landline or mobile phone in order to reach emergency services (health care, fire, police). This number has been implemented in several European Union countries and the goal is to merge all the other numbers like the police, fire-fighters in a single number. Within the World Bank project “DRMAP AL - Albania Disaster Risk Management Adaption Program”, the feasibility study was conducted throughout the territory of Albania. Due to insufficient funds to implement across the country, the project for unified emergency number 112 would apply only to Tirana. The impact that will create the realisation of a pilot project for Tirana will be very large because it will increase confidence and foreign investment to implement the emergency number 112, all over Albania.
In the first 10 months of 2014, Audiovisual Media Authority (AMA) did not have the necessary quorum of membership for meetings and decision making, a cause that was directly reflected in the failure of legal objectives, unable to adopt bylaws necessary to influence the normal activity of the providers of audiovisual media services. This lack of normal functioning of the Regulatory Authority of audio and audiovisual broadcasting has resulted as a consequence in the continuation of the digital or analogue unlicensed broadcasting, the inappropriate increase in the number of entities that exercise audio and/or audiovisual activities, the lack of effective control of license conditions/authorization by the entities of this area. Underlining the fact that from the inertia of the previous problematic years, it was impossible the execution of the AMA’s decisions, by significantly reducing the authority of the institution in relation to the lawbreaker entities. During the first 10 months of 2014 were approved several administrative decisions which require a simple majority in the decision making, as the review and handling of the complaints of entities sanctioned for administrative offenses, the adoption of changes in the data submitted for the license/authorization in accordance with the applicable law, or approval of the Broadcasting Code. In Albania currently, develop their activities 72 audiovisual entities, 71 radio entities and 109 audiovisual cable operators. Also, operate five subjects, Top Channel, Klan TV, Digitalb companies, Tring and SuperSport, which are settled and broadcast in digital terrestrial networks. These entities are classified as national historical operators and are expected to be legalized under the regulations and procedures approved by the AMA, based on Law No 97/2013 "On the Audiovisual Media in the Republic of Albania”. Meanwhile, five other operators have settled local digital networks. A large number of entities operate in violation with the requirements set out in the legislation. Tangible violations recorded by these entities are related to the violation of legal provisions for the repayment of financial obligations and requirements and technical conditions of transmission. The adhering of the broadcasting technical conditions by audio and audiovisual entities remains one of the primary obligations stipulated in the legal applicable acts. To verify their compliance, AMA, based on internal regulatory framework and the recommendations of ITU should conduct the monitoring of audio and audiovisual broadcasting at least twice a year in the whole territory of Albania. However, during the first 10 months of 2014, just like in the previous year monitoring was not completely performed, leaving out of control some areas of the country. The main cause of this situation is the lack of an annual monitoring plan that provides resources, tools and terms to achieve the monitoring through the mobile centre and the reporting deadlines. Also monitoring is hampered by the lack of some necessary measuring and monitoring instruments. Serious difficulties caused the continuous assignment in technique sectors of the institution of unqualified personnel and out of technical profile. Cable operators operate in the penetration areas of a municipality, some counties and nationally (Albtelecom). Most cable networks rely on outdated analogue technology. Application of this technology has lower cost and does not require high qualifications in the use of a small number of subscribers. On the other hand, these systems carry many drawbacks, which by increasing the number of subscribers become an obstacle to further increase the quantity and quality of services. The lack of control system of the subscribers prevents the establishment of a billing system, by making the whole system unmanageable. To verify the implementation of the legality of these subjects, AMA has invested a substantial portion of its human resources and administration. Nevertheless, it resulted that about 60% of these entities continue to operate in violation of the requirements of the applicable law. These entities do not respect the primary obligations arising from the law, as the repayment of financial obligations to the AMA and the fine sanctions, broadcasting of programs without gaining the broadcasting rights and copyright, unauthorized expansion of the area of service delivery, informing the AMA about the changes that have occurred in the data for the authorization etc. According to the Law No 97/2013 “On the Audiovisual Medias in the Republic of Albania”, determines the Audiovisual Media Authority, also as the regulator authority for monitoring and protecting the right of broadcasting and the copyright. During the year 2014, broadcasting of the audiovisual programs without having the right, by the Audiovisual Media Service Providers, thus without having a contract/agreement with the right keepers of these programs, is still existent. AMA is paying special attention to the issues of intellectual property, broadcasting rights and copyright, following closely the process of approval of the draft law on copyrights.
Since November 2014, when AMA was reconstituted, it has a maximum of engagement to overcome the institutional discontinuation of about two years in an effort to optimize the performance in all departments and sectors, in establishing a working atmosphere by bringing the institution in positions of the Regulatory Authority, which not only monitors the flow of audio and audiovisual broadcasting, but also interferes effectively by guaranteeing legal enforceability, in favour of fair competition in the market and ensuring that the public broadcaster is in the right direction. AMA is investing in promoting a spirit of partnership with audio and audiovisual broadcasting. There have been conducted consultations with national operators. Official meetings were held with the organizations of the rerun operators, as well as with a significant number of natural persons who own the relay cable company. The institution currently has a clear overview of the issues for each broadcasting subject, of legal, technical and financial character, based on requirements prescribed by the legislation in force. It significantly improved the financial situation of the institution as a result of an intensive process of communication and awareness with operators regarding overdue financial obligations. There are intensified international meetings as with the EU, CoE and OSCE, to create a climate of cooperation and other foundation is laid for a more transparent overview of the work of the AMA. During these meetings are shown the willingness of these organizations to support the Authority from the challenges faced during the fulfilment of the major obligations under the law. In cooperation with the CoE we are working on a graphics intensive training for the staff. An expert from the CoE will work closely with the AMA’s departments, mainly with the problems of the process of transition from analogue broadcasting to digital broadcasting. To review the organizational structure of the institution we are going to cooperate with the OSCE, which will assist the Authority with the necessary expertise. It is set up a working group to prepare the application file for the financing of the monitoring studio, targeting the automation of monitoring processes of subjects in accordance with international standards, in order to adapt functionally by being modernized to respond to the process of transition to audiovisual broadcasting from analogue to digital; In the process of transparency and intensive communication with stakeholders and the public, it is being enriched the content of the reconstructed site of the AMA’s website, keeping the parameters of functionality, ease of use and usefulness to its visitors. Through publications into the website, it is intended to present the activity of the institution and legal framework, and other important aspects of the institution, such as reports, decisions, statistics, meetings of the Council, payroll packages, tariffs and fines etc, and maintaining the interactive profile, with the aim of answering online questions or doubts, suggestions for meeting the demands or complaints from interested entities etc. The Monitoring Studio is in a backward state of the technological inventory (current computers are refurbished in 2009), and consequently many of the business processes of filing and analysis of the vision materials are performed manually, requiring considerable time. From the last two months of 2014 and follows, AMA is pursuing a long-term strategy, well thought of all the technological infrastructure of the Monitoring Studio, in order:
After the formal adoption of the structure of the AMA by Parliament at the end of February 2015, there have been initiated the procedures for the establishment of the Appeals Council, about which are being identified general and specific criteria related to the persons who will constitute it, referring even to the experiences of other countries. The Council will be a very big support regarding the identification, tracking and analysis of the problems encountered in the broadcasted contents, primarily related to the ethics of visual communication, but also with issues of delicate relationships between the right to information and the right to privacy, to the advantage of protecting the public interest, to respect the dignity of the individual and a number of other issues that need qualified opinion and professional and institutional solutions. In early February 2015, according to legal liability AMA has submitted to the Parliament the Annual Report 2014, a record for all departments and sectors of the institution, as the presentation of achievements and failures and confronting the causes, circumstances and specific responsibilities for each step of engagement. The report is also a projection for changing and improving the indicators of institutional performance. Since November 2014, AMA has conducted four board meetings, which have normally continued by decision-making. Two board members (Mr. Sami Nezaj and Ms. Suela Musta) in its meeting of 27 November 2014 brought to the attention the suspension of their activities on board. They stated as follows: “We consider that our participation in the Council cannot turn into an alibi for illegality created during the process of selecting of the two new members and of the post of the Chairman of AMA”. This lawlessness started the procedures for selecting the commission in violation of Articles 9 and 10 of Law 97/2013”.
The transition from analogue to digital broadcasting is considered a very important process for the realization of which the Albanian state has received commitments based on national and international legislation. Audiovisual Media Authority is responsible for administering the frequency spectrum for the audiovisual broadcasting and maintains a key role in this process. Exactly this major objective has received a hit, as the long period of the malfunction of the institution during 2014, as well as the disregard of the law on control of the radio spectrum by the AMA’s administration. This has resulted in the capture of radio spectrum in the violation of law. Being conscious that this is a multi-stakeholder process, where everyone’s engagement affects the entirety of finalizing the transition from analogue to digital, it was wasted time in meeting the deadlines given by national digitization strategy that was set in the 17 June of this year, and the AMA has rebuilt a working agenda in addition to legal obligations. Based on the digitizing national strategy, are defined common tasks AMA – RTSH, regarding the implementation of the process for the transition to digital broadcasting:
For the preliminary assessment study for optimization of the frequency plan in December 2013 by Order of the Minister for Innovation and Public Administration, was set up the Technical Working Group, which consisted of MIAP, AMA, AKEP, RTSH, Top Channel, TV Klan, Vision Plus, Tring, Digitalb and with Ing. Artan Xhori, whose main task was the drafting of a new project for the management of frequencies in the process of transition to digital broadcasting. After actions on site the enclosure meeting of the working group was held on 06.18.2014, where the representatives of one of the operators, the company Digitalb, proposed the responsibility of preparing a study on the optimization of frequency. This study, prepared by the entity in question, “On the optimization of frequency for DVB-T2 networks” was sent to the Ministry of Innovation and Public Administration on 28.10.2014 which also forwarded it for evaluation to the Authority of Audiovisual Media on 6.11.2014. Research has been sent for evaluation to the Bureau of the ITU Telecommunication. From AMA’s expertise in this study, it resulted that generally was produced a serious material with high technical quality and with based conclusions. The purpose of this study is to increase national networks resulting in nine of them, from which five are enabled by the current plan. This constitutes a significant advantage for the broadcast digital market because, as defined by the Audiovisual Media Law 97/2013, it allows the “legalization” of national historical operators and experienced in digital broadcasting. In this way, it is possible, on the one hand, to meet the requirements of these operators and in turn increase the space for anti-monopolization of digital audiovisual market. Also this study, in any case does not affect the public operator space. AMA also thinks that there are aspects that require certified expertise and that will be required by international organizations like CoE and OSCE experts to conduct an evaluation transparent to them. In essence the ITU comments, which were made after a letter of inquiry from the Minister of Innovation and Public Administration, Ms. Milena Harito and the Director of the Bureau of Radio Communication in this institution, were that the proposed modifications to the frequency plan, as a result of the study are allowed and may appear to be processed in accordance with a provision of the Agreement. Depending on the detailed calculations, considering the high number of proposed significant changes to the plan recommended by the study, it is expected that activities are needed in substantial coordination among parties who may be affected, before the proposed modifications are enrolled in the Plan and the respective stations slip in operation. Another important place in this engagement takes the finalization of the Rules of Beauty Contest, which was approved by the AMA in July 2013, but after the opposition that the stakeholders made to Article 16, in relation of the financial requirements, the paper went on trial. Currently AMA is conducting a review of the regulation. In parallel work is progressing to formalize administrative package for the announcement of the competition between the parties which has as a final stage the proposals for granting the licenses. There are two regulations in the service of this process, one of the “Rating plan of the programs (numbering)”; and one for “Providing conditional access and their associated services”, which are draft, and are being reviewed by experts in the institution. Our approach is not to watch the process as purely technical and technological, but with the utmost care that the solutions should be useful primarily for the consumer. This means, attention and sensitivity to the benefits of the citizens from content broadcasted in digital networks, which are going to be adopted: in the face of multiple alternatives platforms they have the opportunity to approach to platform useful to them in terms of content; to provide access to programs which are offered free and paid, selection should be related to program quality, as they meet the needs for information, entertainment and fun. AMA by internal Order No 147 of 8.08.2014 “On the establishment of the working group for the implementation of the Action Plan for monitoring the implementation of the Strategy of transition from analogue to digital broadcasting” has determined the activities of institutions for the implementation of the Action Plan, where the most emergency tasks arising in its implementation are as follows:
Regarding the campaign for the public information it will be cantered in the aspects of basic concepts of digital broadcasting, what services will provide the operators of digital television, the usage by citizens of techniques to get the services, how will they virtually install the decoder; the use of info from the electronic guide programs; the selection of paid or unpaid contents. For this public information campaign AMA has not secured additional funding from the state budget, despite the repeated requests toward the institution of the Ministry of Finance.
The Parliament, in exercising its election function and in fulfilment of legal obligations stipulated in Law No 97/2013, during the reporting period has elected the chairman and two members of Audiovisual Media Authority (AMA) and 5 members of the Steering Council of Albanian Radio and Television (KDRTSH). The parliament, through the Commission on Education and Public Information Means (CEPIM) has guaranteed since the beginning, an open and transparent process, starting from decisions to publish the notice of vacancies for the members (10 members) and Chairman of the KDRTSH (Decision No 1 of CEPIM of 16 October 2013), followed by the announcement of 3 vacancies for the members of AMA (Decision No 1 CEPIM of 6.05.2014) and the decision of Parliament (No 29 of 22 May 201429) for the announcement of the vacancy of AMA’s chairman. The Hearings sessions with the candidates were conducted during the period June-July 2014. In September 2014, members of the majority in CEPIM, addressed to the opposition a formal letter, inviting her to become part of the decision-making in CEPIM, exercising her constitutional and legal rights in the process of selection and exclusion of candidates for AMA and KDRTSH, according to the legal formula that determines the Law No 97/2013. In the absence of reaction by the opposition to be part of the process, the majority, at its meeting on 1 October 2014 decided to proceed with finalizing the selection of candidates (exclusion of candidates one by one), under Article 9 (4)(b) of the Law No 97/2014). For this decision, the representatives of the majority in the Committee listed a series of reasons which forced the committee to proceed, without the presence of opposition with the procedure for the exclusion of candidate, according to the legal formula that determines the Law No 97/2013:
Members of the majority decided to follow parliamentary procedure to select only two of the three members of AMA, declared vacant, while another member was decided to be selected by the opposition, once it shows its will. This decision is based on a correct interpretation that CEPIM has done to the Article 9(4)(b) read and interpreted in combination with Article 134 (transitional provision) of Law 97/2013. Article 9(4)(b) of the Law No 97/2014 provides that: “In any case, the Commission takes into account the preservation of balance, three candidates supported by the parliamentary majority, three support from the opposition”, while Article 134 of this Law guarantees the remaining on duty of members of the former KKRT, elected by political parties according to Law No 8410 of 30.09.1998, repealed. The current composition of the AMA (where two out of three members in office belong to the opposition and one to the majority) fulfilled under the new law conditions, would necessarily reflect the selection of only two members by the parliamentary majority one member remains to be selected by the opposition. CEPIM decided that the meetings for the exclusion of candidates take place with intervals for the exclusion of each candidate, in order to give time and opportunity to the opposition to join this process, by exercising its duty. CEPIM, with the proposal of deputies of the majority, in the meetings of 1, 2, 3, 6, 7 and 8 October 2014 excluded a candidate for AMA member vacancy in each meeting. The committee excluded 11 of 26 candidates proposed by the entities defined by Law No 97/2013. In accordance with Article 9(4) of Law No.97/2013, during the exclusion of each candidate, CEPIM took into consideration to guarantee the respect for the principle of inviolability of personal and professional integrity of candidates, arguing the reasons for their exclusion. Because of the non-participation of opposition in this process, in the meeting of 8 October 2014, CEPIM decided to approve the procedure that would be followed for the selection of two candidates who, pursuant to Article 9(4) of the Law, to maintain the balance is required the support by the parliamentary majority. At this meeting, the committee decided that the remaining candidates are subject to the voting and two candidates who receive more votes will be proposed for approval in the plenary session. After the vote, the two candidates who received more votes passed to the plenary session for vote. In the plenary session of 9 October 2014, the Assembly by a majority of votes elected two members of AMA (Decisions of the Assembly No 74/201430 and 75/201431 of 10.09.2014). While the third member and the last vacancy of six members of AMA (not including the seventh member elected as Chairman) is left to the opposition to elect at any time that it will express its will. After the election of two members, the AMA was completed with five of six members, paving the way for the election of the AMA Chair. CEPIM, at its meeting on 14 October 2014 decided to continue the procedures for the selection of AMA Chairman. Even this decision was made public and the opposition was again invited to participate in this process. CEPIM, at its meeting of 24 October 2014, following the procedures for the election of AMA chairman, based on Article 10(3)(a) of Law No 97/2013 “On the Audiovisual Media in the Republic of Albania”, by secret vote identified four candidates who received the greatest support among Committee members. After exhaustion of this point of law, CEPIM should proceed under Article 10(3)(c) of the Law No 97/2013, which provides that “parliamentary minority representatives on the committee exclude two of the four candidates selected. The remaining candidates passed to be voted in the Parliament”. In its meeting on 24 October 2014, the majority MPs called on the opposition MPs to participate in the meetings of CEPIM in order to exercise its legal right to exclude two of the four candidates for AMA Chair, as provided in Article 10(3)(c) of the Law No 97/2013. Also at the meeting of 28.10.2014, the representatives of the majority in CEPIM give to the opposition a second chance, to know the platform and ideas of four selected candidates, by organizing a public hearing with four candidates selected by a majority of votes in the committee. From the meeting of 24 until 28 October 2014, when was held the hearing with the four selected candidates for AMA chair, the opposition despite repeated notice, did not exercised its right to exclude two of four candidates as a result of its continued boycott of Parliament. In these conditions, CEPIM at its meeting on 28.10.2014, due to non-participation of opposition members to fulfil their legal obligation for the exclusion of two of the four candidates, in accordance with Article 10(3)(c) of Law, decided that the four candidates selected by the committee pass to the plenary session to elect the AMA's Chairman. This decision-making of CEPIM aimed to give more time to the opposition and another opportunity to exclude two of four candidates before the vote in plenary session as well as to avoid that the majority in CEPIM, exercises the right to exclude two of four candidates that belong to the opposition, by delegating this decision-making to the Assembly in plenary session, as the highest representative and legislative body in the Republic of Albania. In the plenary session held on 6 November 2014, the Assembly, in accordance with Article 10(3)(ҫ) of Law No 97/2013, the four candidates proposed by CEPIM, by the majority vote elected the Chairman of the Audiovisual Media Authority. After the election of the AMA’s chairman, CEPIM followed the procedures for the selection of five members of KDRTSH. Based on Article 94(4)(b) of the Law No 97/2013, CEPIM decided to proceed with an exclusion procedure one by one of the candidates. The committee with the proposal of majority MPs in six meetings excluded a total of 24 candidates. In accordance with Article 94(4) of the law, during the process of exclusion of each candidate, the committee took into consideration the guarantee of respect for the principle of inviolability of personal and professional integrity of candidates, arguing the reasons for their exclusion. Due to the non-participation of opposition in this process, at its meeting of 19 November 2014, the committee decided the approval of the procedure that would be followed for the selection of five candidates who, according to Article 94(4) of the Law, to maintain the balance, was required that five candidates be supported by the parliamentary majority and five by the opposition. This decision-making relates only to the selection of five candidates supported by the parliamentary majority, while the other five will be supported and selected by the opposition. In conclusion, the Committee pursuant to Article 94(4) of Law No 97/2013 “On the Audiovisual Media in the Republic of Albania”, decided that the five candidates who received more votes, be proposed for approval in plenary session. According to this legal formula, each candidate which is selected by the majority or opposition in CEPIM passes to the plenary session for approval and vote. In accordance with this legal formula, in plenary session of 4 December 2014, the Parliament by a majority of votes elected the five members of KDRTSH. Albania has made good progress to align its legislation on culture with the EU acquis. The Ministry of Culture continued working on drafting the new law “On Cultural Heritage” which approximates the Albanian legislation with the Directive No 2014/60/EU “On the return of cultural objects unlawfully removed from the territory of a Member State”, and with the Council Regulation (EEC) No 3911/92 “On the export of cultural goods”, too:
In June 2014, the agreement between the European Union and the Republic of Albania was signed for the participation of the Republic of Albania in “Creative Europe”, the Union programme for the cultural and creative sectors.
Priorities:
Vocational Education Training According to Law No 63/2014 of 26.06.2014 “On some amendments to the Law No 8872 of 29.03.2002 “On the vocational education training in the Republic of Albania”, as amended, there have been drafted and adopted a set of by-laws that would enable the normal operation of vocational secondary schools under the Ministry of Social Welfare and Youth. In this regard, different donors have also provided supports. It is worth mentioning that as an excellent result towards the youth awareness to be enrolled in vocational secondary schools in the academic year 2014 – 2015 the number of enrolled students has significantly increased to 5,835 students from 4,797 students during the academic year 2013 – 2014. In addition to this, the number of girls enrolled has increased to 705 compared to the last year enrolment of 583. Based on the study, implemented by the Ministry with the assistance of GIZ analyzing the current state of secondary schools and based on the recommendations of this study, the work towards the school rationalization has commenced. More specifically, the veterinary high school profiles in Shkodra have been transferred to Bushati (Shkodra) and the process for transferring the construction profile of “Kolë Idromeno” school to “Arben Broci” school is ongoing. The efforts in this regard will continue and actually with the support of ETF we are working on reasonably and accurately determining the schools and profiles to be reorganized based on the specific needs of the regions where schools operate. The statistical indicators analysis for the year 2014 of the Regional Vocational Education Directorate activity shows that during January – December 2014 the persons register to be trained has reached the number of 17,138, persons enrolled in completed course has reached the number of 13,893 of whom 13,102 persons are granted certificates. Compared to 2013 there is an increase of 4,208 persons who are granted certificates. Females trained in total are 6,296 (45% of all the trainees) and compared to 2013 there is an increase by 2,400. The unemployed people trained for 2014 were 10,473 people of whom 8,098 were job seekers. Compared with the year 2013 there were 5,466 unemployed persons more and 4,867 job seekers more. Unemployed job seekers registered for this period were 8,098 people, compared with 2013 having 4,867 persons more. The Decision of Council of Ministers No 818 of 26.11.2014 “On the approval of the National Employment and Skills Strategy and its Action Plan 2014 – 2020” was adopted. The Strategy and its Action Plan were prepared by the Ministry of Labour and Youth and the Ministry of Education and Sports. Furthermore, during the transition period of transferring the administration control of vocational secondary schools from Ministry of Education and Sports (MoES) to the Ministry of Social Welfare and Youth (MoSWY), we have been assisted from the MoES experts for every problem that we've faced. The experts of both ministries have contributed on drafting the by-laws that are approved in accordance with the law of the Educational and Vocational Training. Currently we are closely cooperating with MoES in regard to State Matura preparation, which for us is something new. Youth National Youth Service Decision of Council of Ministers No 377 of 11.06.2014 was approved setting up the National Youth Service which carries out activities at central level through the General Directorate and Regional Youth Centres as well as at regional level. The General Directorate administers the activities of the Regional Youth Centres, which are established as a direct unit of providing service for young people under the NYS. Youth Regional Centres are planned to operate in every region of the country during the period 2014 – 2017 as direct units providing services to young people they depend upon NYS. The Regional Youth Centres function are related to providing services for young people in the respective region and to conducting youth, cultural, social, and sports activities pursuant to the policies and programs approved by MSWY. Preparation of the National Action Plan for Youth 2014 – 2020 The Ministry of Social Welfare and Youth is preparing the 2014 – 2020 “National Action Plan for Youth”. This plan will include Albanian Government’s program targeting youth and concrete measures which will be undertaken from the ministries responsible for their implementation, aiming at developing and coordinating cross – sectoral youth policy in education, employment, health, culture and increasing the full participation of youth in society and decision making. During May 2014 MMSR has undertaken a series of meetings in 12 districts of Albania to the involvement of interest groups such as young people and youth organizations in the consultation process for drafting the National Action Plan for Youth. The Prime Minister Order No 204 of 25.08.2014, set up the working group for preparation of the National Action Plan for Youth with the support of representatives of line ministries, other institutions and civil society. Directorate of Youth Policy Coordination organized on 17 – 18 September 2014, following consultation meetings, a two-day conference attended by representatives of public institutions and civil society representatives. The main objective of this conference was drafting The National Action Plan for Youth. This was achieved through the involvement of interest groups such as young people, youth organizations and representatives of the Ministries, in order to address the needs and real problems to the development of alternatives and possible solutions. Summer Internship Program 17 July 29 August 2014 Summer Internship Program was organized during the dates 17 July to 29 August 2014. In the course of this program it was made available to the interested youth to get engage in the public sector but not only, the recognition of the internship in the Ministry of Social Welfare and Youth and its subordinate institutions. One of the objectives of this program was to develop professional skills of young people, delegating complex tasks and stimulating the implementation of policies in areas such as employment, education and training, protection and social inclusion, youth, social security issues as well as in administration public services. In the course of this program, the interns had the opportunity to receive professional in – depth knowledge on the units which were engaged. In this way the interns felt part of the institution supported by public employees staying the longest period of time in a professional environment. This factor has a positive influence not only in the improvement of professional skills but also in the creation and strengthening of social network and relationships between interns. The positive influence of being part of this network will result on further engagements and professional collaborations. One hundred students from public and private universities in Albania have participated in this program and were awarded an attendance certificate. Setting up Youth Portal “Rini.al” Ministry of Social Welfare and Youth in order to improve communication in the youth sector and better exchange the information for young people has established the web-site Rini.al. For this purpose, MSWY through the Department of Youth Policy Coordination collaborated with several youth organizations like the Olof Palme International Center, Lëvizja Mjaft, Vlora Youth Center and Youth Center “Epoka e Re”, in order to make possible the website www.rini.al. This portal which was launched in January 2014, and serves as an online communication network for youth and youth organizations. One part of the portal is generated by the organizations or individuals which can enter information about their work and activities, in order to promote and encourage good communication and exchange of information among young people. The website also generates information on scholarship opportunities for young people, training and work-shop for individuals and youth organizations, as well as cultural and social events taking place in the region. Informative seminar Erasmus + Youth Policy Coordination Directory, in collaboration with “Beyond the Barriers” NGO on 23 July 2014 organised an information seminar on Erasmus + which is a new program of the European Commission to promote the skills and employment through education, training, youth and sports. Albania became part of the program in June 2014 by signing an agreement with the European Commission. The seminar was attended by 36 representatives of youth organizations, representatives from ABC Foundation and the Agency for the Promotion of Civil Society. The purpose of this event was to inform about the program, as well as how to participate in the program, objectives, budget, program implementers, etc. International Youth Day On 12 August in the studio of Alba Film (Kinostudio), Youth Coordination Directorate in cooperation with the United Nations Population Fund on the occasion of the International Youth Day organised a workshop on improving the social and cultural environment for youth. This workshop, in its first part, introduced case-studies that demonstrate how different countries have analyzed the topic of the marginalization of young people and their involvement. In the second part it was analyzed successful communication practices and dissemination of information about topics that are of interest to youth. The ultimate goal of the workshop is to make participants reflect on certain environmental problems around us and how they affect the young, but also to understand some of the practical component of the successful socio-cultural movement. In the evening it was organized cultural event in the outdoor film studio with a broad participation of youth. Labour Legislation The Labour Code has been drafted according to the recommendations of the International Labour Office (ILO), where EU directives are transposed with the support and cooperation of ILO and international experts selected by this organisation. During 2013 the final draft has been submitted for comments and suggestions to ILO which are reflected in the draft and then consulted with unions and employers’ organizations. During 2014 the draft Labour Code has been submitted for comments/suggestions to line ministries. The suggestions and recommendations of the line ministries have been reflected in the draft law. The adoption of the Labour Code is anticipated during the second quarter of 2015. Social dialogue The National Labour Council (NLC) was restructured in December 2013. Based on this restructuring the following Decisions of Council of Ministers were approved:
Subsequently, the members and candidates of NLC have been appointed according to the proposals of the Employers and Employees Organisations with the Order of the Minister No 287 of 18.12.2013 “On the appointment of members and candidates of the NLC, representatives from Employers and Employees Organizations”. During the reporting period were organised and held four meetings of the NLC. On 28 April 2014, the NLC consulted issues related to the review of five draft regulations on safety and health at work of the employees and as well as the information of the Chief of the State Labour Inspectorate and Social Services Mr. Dritan Ylli, regarding the safety and health at work. On 16 June 2014, it was also consulted and approved the draft law “On setting the retirement age of underground workers (miners), Pension Reform and the National Employment Fund and Skills Development”. On 14 October 2014, in the NLC it was consulted the Reform of Vocational Education and Training and as well as there were reviewed four draft decisions for adoption of the following draft Decision of Council of Ministers:
On 6 February 2015, in the NLC it was consulted the Social Security Reform and the fight against informality and as well as were reviewed the following four draft Decisions of Council of Ministers related to health issues at work:
Recommendation of the Innovation Subcommittee in regard to Commissions of NLC is found attached to as Annex 6.5.1. In order to enhance inter-institutional cooperation with the social partners, the Prime Minister issued his Order No 143 of 4.07.2014 “On the appointment of representatives of the ministries for cooperation with social partners”. The Ministry of Social Welfare and Youth in cooperation with the International Labour Organisation organised and conducted a Tripartite Seminar (two-day seminar) on “Improving the effectiveness of the system for resolving labour disputes in Albania”, on 20 – 22 May, 2014. This activity was attended from mediators who are employees of the Regional Employment Offices, heads of State Offices of Reconciliation, representatives from the Ministry as well as representatives of unions and employers' organizations that are part of system structures for the non-judicial Prevention and Resolution of labour disputes in Albania. In the framework to the reorganisation of the National Labour Council, there have been restructured the State Offices of Reconciliation and the State Network of Mediation and based on this in October 2014 there were drafted and adopted two orders and one guideline of the Minister of Social Welfare and Youth as follows:
Ministry of Social Welfare and Youth in collaboration with the International Labour Organisation organised and conducted the Annual National Labour Conference on sustainable wage policy in Albania, in July 2014 in Tirana. In this event participated the Director of ILO Office for Central and Eastern Europe in Budapest (DWT / CO-Budapest), experts of Labour Policy, Integrated Labour Markets, Relationships and Working Conditions (INWORK – ILO), representatives from Unions and Employers’ organisations and representatives of public institutions. 98 Unions are established in Albania, which are registered in the Ministry of Social Welfare and Youth. A part of them carry out their activity under the auspices of the confederations, while the rest operates independently. Two large and highly influential confederations are: Confederation of Trade Unions of Albania (CTUA) and the Union of Independent Trade Unions of Albania (UITUA), which are represented in the National Labour Council. Two major confederations represent about 90% of union members in Albania. CTUA and UITUA are represented in the 12 districts of Albania and operate mainly in the sectors of education and science, state administration employees and retirees, industry, agriculture and food industry, public health sector, transport, petroleum, construction, textiles and handicrafts, trade, metallurgy and chemistry, telecom. It is noted that the Unions lie in the public sector and private enterprises (former state enterprises) while their representation in the private sector is weak where one of the main reasons is the fragmentation of the private sector where small and medium enterprises prevail. As regards to the employers, there are a number of employer organisations, which are members of the NLC, as: Business Albania Albanian Association of Banks (AAB), the Albanian Constructors Association (ACA), Albanian Tourism Association (ATA), the Association of Businesses Food-Beverage (ABFB), Albanian Association of Information Technology (AAIT), Union of Investors and Industrialists of Albania (UIIA), National Chamber of Garment Manufacturers (NCGM), the Albania Bureau of Insurance (ABI), Albanian Agribusiness Council (AAC). Sectoral and bilateral dialogue is not at the right level and this is noticed by contracting in the private sector which is explained not only by poor organization of unions in these sectors but also by the lack of culture of dialogue and scepticism by employers against unions. It is also noted that collective contracting is more developed in urban areas, especially in Tirana, Durrësi, Shkodra, Vlora and this is because of the concentration of large enterprises in these areas. At branch level, 17 collective agreements were signed concerning public and private sector in education, health, art, culture, agriculture, environment, public safety, construction, air transport, oil and energy. Recommendation of the Innovation Subcommittee: Information about “Business Albania” is found in Annex 6.5.2. Update on legislative alignment in field of health and safety at work (in particular transposition of Framework Directive 89/391/EEC) Concerning occupational health and safety,12 regulations transposing 12 individual directives are approved by the Council of Ministers (for the use of work equipment’s at workplace, of personal protective equipment’s at the workplace, minimal health and safety requirements at workplace, on exposure to chemical agents, biological agents, to carcinogens or mutagens at work, to electromagnetic fields, optical radiation, to the risk arising from noise, to the risk arising from vibration, on the minimum health and safety requirements regarding for the manual handling of loads where there is a risk particularly of back injury to workers, on the minimum health and safety requirements for work with display screen equipment), and six other regulations, transposing 6 other individual directives, related to protection of workers in the mineral-extracting industries through drilling, in surface and underground mineral-extracting industries, pregnant women, young workers, fishing vessels, on exposure to the risk from explosive atmospheres, are prepared by a group of experts from line ministries, and we are in process of gathering all the recommendations from interested parties. Finally, three other draft regulations, on occupational health surveillance, occupational health services, occupational diseases, are expected to be approved in the Council of Ministers by the end of first semester 2015, and their implementation will start in the first semester of 2016. A policy paper on occupational health and safety for the period 2015 – 2020 (and its Action Plan 2015 – 2017 and its budget implication) is expected to be approved by the Council of Ministers by the end of first semester of 2015, and will be part of the Strategy on Employment and skills 2015 – 2020, already approved by the Council of Ministers. The finalisation of the draft policy paper was postponed due to the expectations of the new EU Strategy of health and safety at work, which was introduced in June 2014. The strategic goals of the Albanian OSH policy paper focus on a comprehensive legislative system, minimising of occupational accidents, the improvement of the working conditions, raising awareness of employers, employees and reducing undeclared labour. The main part of the Document states the policy objectives and actions in following topics: Legislative framework; OSH enforcement institutions; measures for OSH improvement; public awareness, education and research; social dialog; international cooperation; monitoring and Statistics. Organizational structure and administrative capacities of the State Labour Inspectorate Concerning training and public awareness, a series of measures are implemented: the overall number of staff, 90 labour inspectors and 40 controllers, 28 trainers are trained by international and IPA experts on OHS and prevention principles, with a focus on a) training skills and techniques; b) EU and national OSH legislation and prevention principles; c) risk assessment (practical implementation); d) safety at construction sites; e) psycho-social aspects of work, gender issues, disabled workers, stress and violence at work; f) chemical substances; g) physical agents in the work environment (dust, noise, vibrations, radiations and so on). SLI has signed bilateral cooperation agreements with respective bodies of Kosovo, Romania, Bulgaria and FYROM. The cooperation brings possibilities for further improvement of labour inspectors capacity, sharing good practices, inspection methods, using benchmarking and information Two seminars on Safety and Health at work for employers, managers, and specialist in OSH, were organised in Tirana (49 participants) and Saranda (30 participants). The main objective of the seminars was to increase awareness of employers on current OSH legislation, to present an importance of its implementation, as well as the supportive role of the Labour Inspectorate. A special phone line has been installed at the State Inspectorate of Labour and Social Services aiming at registering complaints regarding violation of legal requirements and regulations for the protection of workers related to health and safety at working place. In this regard, the official website of the institution has been improved. Besides press, many interviews in media, it was produced and transmitted a TV spot focused for employees and employers spreading widely information on importance of OSH and labour inspection promotion. In 2013, as part of the modernization of the inspection procedures, the Central Inspectorate completed the “e-Inspection” portal, as an important part of the e-Government platform. The portal enables the standardization of inspection procedures, coordination of inspections at all levels of governance and monitoring of procedures in each inspectorate, creating the basis for the programming of inspections based on risk methodology, exchange of information between inspection bodies and other institutions, and also the application of the checklists, etc. The new system in place allows having a constant flux on information: All LI have laptops and GPS. The Central Inspectorate carried out the training of the state inspectors on the use “e-inspection” portal and inspection templates. 94 inspectors of Labour State and Social Services Inspectorate on 11.03.2014, 2.04.2014, 3.04.2014 and 40 inspectors from Regional Directorate of Tirana on 22.05.2014 have been trained on the use of “e-inspection” Currently, the Labour Inspectorate is piloting with the Regional Branch of Tirana the “e-inspection” portal, which enables online inspections under the monitoring of the Central Inspectorate. Through this system, the labour inspector receives the follow-up of data on: name of subject, the type of subject, legal representative and activity operation site, from the National Registration Center. During the elaboration of the program, we asked the availability from the Tax Office getting online information on newly employees and also the staff turnover. In order to continuously track the performance of each inspector, based on measurable indicators, and to improve the collection of statistics, was designed and distributed to the regional branches the form to be completed weekly electronically obtain reporting in a country level. Aiming at the unification and operationality of the self-declaration of the economic entities, following the new online self-declaration process, along with the Order No 2653 of 19.9.2014 has been sent in electronic format to all regional branches a designed register. Regarding the measures taken against informal economy, the State Labour Inspectorate (SLI), in 2014 identified 1,757 undeclared workers and 2,886 unregistered subjects with 4,638 undeclared workers. SLI inspections were focused on:
Regarding employment policy, it has been adopted the National Strategy for Employment and Skills 2014-2020 along with the action plan by the Council of Ministers Decision no. 818, dated 26.11.2014. Strategy Vision 2014-2020 for employment and skills, encouraged by the general objective of the 'Europe 2020' to achieve rapid, sustainable and thorough growth, aims that up to 2020 we have a competitive economy and an all-inclusive society that relies on "higher skills and better jobs for all women and men". The overall aim of the Strategy is to promote qualitative job opportunities as well as skill opportunities for all Albanian women and men throughout the life cycle. This goal will be achieved through coherent and coordinated political activities, which at the same time respond to supply and demand for labour and also eliminate the gaps of social inclusion. National Strategy for Employment and Skills focuses on the following four strategic priorities:
Reorganisation of employment offices, through modernization of infrastructure, re-conceptualization and computerization of services offered. Eleven new employment offices have been set up at regional and central level according to the new model of service. For the first time employment offices offer services similar to European counterpart institutions. We already have a unique model of delivery service with three levels, information, employment services and individual counselling. 323 employees of our system at all levels are trained to implement it. The identification of skills missing in the labour market is one of the main activities undertaken from the National Employment Service (NES) in the frame of Labour Market Information, which is also foreseen in the Strategy Action Plan 2014-2020. This study is not only an important source of widening the labour market information, but it also serves as an estimate of the required and lacked skills in the labour market from the business perspective. During June 2014 a study regarding skills and needs was conducted involving 2,054 enterprises. This study has been fully implemented by the central and local staff of the NES. According to experts’ estimation having assisted its implementation, this study has resulted as a high quality product in all its elements confirming the fact that currently the implementation capacities of NES are good. The findings of SNA (Skill Needs Analysis) are an important instrument for reorienting the NES activity related to education and vocational training and employment mediation, but on the other hand they are beyond the limits of the NES and MSWY being also valid for the Ministry of Education, Ministry of Economy and Tourism, Foreign Investment Agency, Ministry of Territory etc., reaffirming the importance of inter-institutional coordination and cooperation in achieving our goals and the government program objectives. The strategy aims at regulating the policy of the labour market, improving education and vocational training, reforming social protection systems and strengthening management of the labour market. This is important, as the unemployment rate is high, especially among young and persons with disabilities. During third quarter of 2014, based on the Labour Force Survey, the number of employed persons aged 15-64 years is 1,043,058. The number of unemployed persons aged 15-64 years is 219,585. |