Nr.1701, dated 17.12.2008
FOR APPROVAL OF THE REGULATION ON PROCEDURES OF BOUND, FOR CONSTRUCTION OF FACILITIES OF NEW GENERATION OF ELECTRICITY, ARE NOT OBJECT TO CONCESSIONS
Pursuant to section
100 of the Constitution and Paragraph 2 of Article 34/1 of Law No. 9072, dated 22.5.2003 "On power sector", as amended, proposed by the Minister of Economy, Trade and Energy Council Ministers
A. Adoption of the
regulation on procedures for granting authorizations for construction of new power generation, which are not subject to concession, according to the text of this decision.
2. The Ministry of Economy, Trade and Energy to implement this decision.
This decision shall enter into force after publication in the Official Gazette.
PROCEDURES FOR THE AUTHORIZATION FOR THE CONSTRUCTION OF BUILDINGS OF NEW GENERATION OF
ELECTRICITY, ARE NOT OBJECT TO CONCESSIONS
A. The purpose of this regulation is to establish procedures and documentation for the application,
evaluation and issuance of an authorization to construct a new source of energy generation, which is not subject to concession.
2. This regulation is drafted in accordance with Article 34/1 of Law No. 9072, dated 22.5.2003 "On power sector",
A. The purpose of this regulation are generating new sources of energy, whose construction is done with private funds and related to the transmission networks and / or distribution.
2. The provisions of this regulation does not supersede any authority or jurisdiction of any other state institution existing to give permission, consent or any other document required for construction of new power generation, according to the legislation.
Terms used in this regulation shall have the following meaning:
- "Application" means any claim filed by a person to build a new generating source of energy in the form specified in this
- "Applicant" means any person who applies for a permit under this regulation;
- "Person" means a natural person or legal entity;
- "Auto" means a source of energy generation, where no less than 70% of whose output
is used for his personal needs;
- "Source koogjenerues" means a generating source that produces heat and electricity;
- "Connection point" means a physical point of connection provided by the Transmission System Operator (TSO) or the
Distribution System Operator (DSO), in which the source generator will be connected to the transmission or distribution;
- "OST" means the Transmission System Operator;
- "DSO" means the Distribution System Operator;
responsible for energy" means the Ministry of Economy, Trade and Energy Minister, or any successor thereto;
- "Minister" means the Minister of Economy, Trade and Energy or the Minister responsible for energy;
- "Before the feasibility
study" means a rough preliminary estimate of the technical, economic, financial and environmental impact of a project to build a new generating capacity to power;
- "Feasibility study" means a full assessment of technical, economic, financial and
environmental impact of a project to build a new generating capacity to power;
- "Authorization" means a special permit approved by the Council of Ministers under Article 34/1 of Law No. 9072, dated 22.5.2003 "On power sector", as amended, that
authorizes a person to build a new generating source;
- "Prior authorization" means an interim approval given by the ministry responsible for energy to continue the procedures for obtaining an authorization ";
- "Authorization holder"
means a person who receives an authorization to construct new generating sources of energy under the provisions of this regulation;
- "Responsible Delegate" means a natural person who applies for an authorization on behalf of an applicant under
section 5 of this regulation.
APPLICATION PROCEDURES FOR AUTHORIZATION
The right to apply
A. Any person conducting commercial activities in Albanian legislation
may apply for an authorization for the construction of new power generation.
2. Any foreign person who wants to apply for an authorization under this regulation, shall establish a branch or representative office in Bangladesh under the provisions
of Law No. 9901, dated 14.4.2008 "On traders and commercial companies" and requests Albanian tax legislation.
3. Every application under this regulation is the Ministry responsible for energy.
of author ity of the applicant
A. An applicant may appoint a natural or legal person delegated as responsible for applying for an authorization for the construction of new power generation in accordance with applicable law and procedures
of this regulation.
2. The delegate is provided with the applicant attorney to represent him in action dealing with application and obtaining authorization.
application for authorization under this regulation shall be made in the form specified in Annex A of this regulation and is accompanied by the documents described in Sections 7, 8, 9 and 10 of this regulation, otherwise it will not be reviewed by the ministry
responsible for energy .
2. Each applicant shall make payment for the application at the time of submission of application in the amount and account number of the ministry responsible for energy as defined in Annex B of this regulation.
3. The documentation submitted by the applicant must be in Albanian language, the original or certified copy, and receipts and statements from other bodies must be issued no earlier than 3 months from filing the application.
4. Any application
accompanied by appropriate documentation shall be submitted in duplicate: an original or certified copy, as defined in paragraph 3 of this article, and a photocopy of all other documentation specified in this regulation.
Supporting documentation required for an authorization
Any application for authorization is accompanied by documents and / or information below to identify the applicant:
A. Name of applicant;
2. Address of
the headquarters of the applicant;
3. The administrator of the company;
4. Representative or delegate in charge (if any);
5. The organizational structure of society;
6. Technical capabilities,
organizational and professional society;
7. Information on any similar activity in the electricity sector;
8. Phone, fax or e-mail;
9. Personal identification number to the tax office (TIN);
for payment of taxes, social security payment and that the company is not in bankruptcy;
11. Audited financial statements of the last three years of operation or when the company has less than three years that has been created, for the period
of existence of society, and any other financial documentation that proves flnanciare skills to realize the proposed project.
12. Any other document that the Ministry responsible for energy may require to prove this ability.
Data, general information about the source of energy generation and meet the criteria to be building their own
a) An applicant shall submit to the Ministry responsible for energy, in addition to documents and information
specified in Article 7 of this regulation, records and general information to the following:
- Type of power generating source;
- Installed capacity in MW;
- Number of units generating power source and generating capacity in
- Annual production of electricity in MWh;
- The expected time of putting in work;
- Expected lifetime energy generating source;
- Number of hours worked per year;
- Efficiency of power generating
- Technical standards of equipment generating energy source;
- The voltage level at the exit of the generator;
- The main electrical scheme of generating energy source and its connection with the transmission or distribution
- The estimated value of total investment;
- Location of energy generating source;
- The proposed capital structure and sources of funding provided to build power generating source;
- Project implementation
- The adequacy of equipment generating energy source power system;
- Calculation of emissions of greenhouse gases and generating sources if they are in compliance with European environmental standards;
- A management
plan, which will be implemented after demontohet generating source, in order to ensure a prudent environmental protection, health and safety of people, including improving the environment after closure of the activity.
b) The criteria to be met
by the facility to be built, to obtain the authorization of construction are:
- To ensure that the operation of this facility does not affect our power system security;
- Ensure that the construction and use of this facility does not
affect the protection of health and public life;
- Ensure that the construction and use of this facility does not affect the protection of the environment;
- To ensure a rational use of land and its return to original condition after
completion of the production activity of the facility;
- Provide energy efficiency.
The data and specific criteria rmacionet info by type of energy generation source
An applicant shall submit
to the Ministry responsible for energy, depending on the type of proposed generating source, except for security to meet the criteria stated in the letter "b" of Article 8 of this regulation and data, and information specific to the following criteria:
A) For a power plant (TPP):
- Technology used in power generating source (simple cycle, combined cycle, etc..) And main technical parameters of equipment (boilers, turbines, internal combustion engines, generators, transformers);
Type of fuel it uses;
- Thermal efficiency, and total electric power generating source;
- Specific consumption of fuel;
- Calorific power of fuel;
- Sources of fuel supply;
- Observance of environmental
norms for emissions to air, water and soil norms defined in the Albanian legal framework.
B) For a source generating a combined production of electricity and heat (with koogjenerim):
- Technology used in power generating source;
- Type of fuel;
- Thermal efficiency, and total electric power generation burirnit;
- Specific consumption of fuel;
- Calorific power of fuel;
- Thermal capacity and electric power generating source;
Destination of the heat generated;
- Supporting the boiler thermal capacity, if any;
- Observance of environmental norms for emissions to air, water and soil norms defined in the Albanian legal framework.
C) For a wind generator:
- Data on wind potential in the proposed area;
- Minimum and maximum speed of exploitable wind;
- Annual average wind speed;
- Type and height of wind tower;
- The diameter of the generator rotor;
The number of towers, whether it be a wind farm;
- Observance of environmental norms acoustic and visual;
- To ensure that when working in parallel with our electricity system in maximum mode and / or minimum, does not affect our power
D) For a photovoltaic system:
- Technical characteristics of the photovoltaic system;
- Average annual solar radiation [kJ/m2 year];
- Optimum angle of refraction of the solar panel;
Area in square meters of panel installed.
E) For a biomass generating source:
- Technology used in power generation source:
- Type of biomass;
- Specific consumption of biomass fuel;
- Calorific power
- How the insurance and biomass supply.
F) For an Auto-producer:
- Technology used in power generation source:
- Type of fuel;
- Specific consumption of fuel;
- Calorific power of fuel;
- The expected amount of energy to be consumed for its own needs;
- The expected amount of energy to be absorbed or injected into the national network.
applicant presents a study that provides sufficient technical reliability, economic and financial of the proposed project and its environmental impact and social.
2. Parafisibilitetit study, presented under paragraph 1 of this article includes:
a) In technical terms, the study should provide information regarding the technical reliability of the proposed project and must be accompanied by the overall schematic of the power generating source; an electrical diagram of aggregates and block transformation,
where clearly identified point of connection with the system and point of measurement; preliminary opinion of the TSO or DSO on his connection to the transmission system or distribution of electricity geographic country to be established or the activity, giving
exact references (number parcel, cadastral register number) and set the map scale 1: 25000; a topographic map where the trace of the line appears, connecting the source generating the transmission or distribution system in 1:25000 scale.
b) In economic
terms, the study must submit a business plan that demonstrates the economic reliability of the proposed project. The business plan shall determine the costs and expected income, and duration of the construction period in months. Costs should be divided
into relevant categories: financial costs, construction costs (including costs associated with labor, machinery and network connection), the costs of operation and maintenance.
c) In financial terms, the study must submit a financial plan that demonstrates
the financial reliability of the proposed project. The financial plan should define clearly and transparently how the applicant intends to finance the proposed project. It will determine the amount of my nimalisht equity allocated to external financial
resources required, specific sources of external funding and a detailed program funding. The applicant shall submit documents in the form of a letter of interest, prior credit agreement or any other document proving financial support of the project from
local financial institutions or banks, or foreign, which clearly value for the financing and structure of financing (financing of the applicant, bank loans, donations or other funding).
d) In terms of environmental and social impact, the study should
provide a detailed and reliable on environmental and social impact of the proposed project. The applicant will provide information about positive or negative impact of the project on land use, effects related to construction of power generating sources,
emission of gases into the atmosphere, soil or water, noise pollution, and any social impact of the project as p . sh. those for local employment, improving infrastructure or any other significant environmental impact or social. The study should
compare the environmental impacts of European environmental norms.
Application by a joint venture
A. Application for an authorization for the construction of new power generation can be done by more
than one person in the form of a company merger.
2. If an application is submitted by the union of companies, members of the company merger partner will appoint a leader who will be authorized through a power of attorney signed by all members
of the union to act on their behalf for the purpose application.
3. Documents referred to in Article 7 of this Regulation should apply for all union members of society.
4. Ministry responsible for energy in this case requires
documentation of the solidary responsibility the temporary union of companies to the project.
Review applicant documents
A. Ministry responsible for energy examine whether the documents submitted
by the applicant are in accordance with the requirements of this regulation.
2. Ministry responsible for energy can verify the reliability and accuracy of documents.
3. Ministry responsible for energy communicates responsible
applicant or his delegate within 10 (ten) days from the date of submission of his acceptance of the application if the documents and information submitted by the applicant are complete and in accordance with the requirements of Articles 7, 8, 9 and 10 of this
Submission of missing documentation
A. In cases where the application lacks any of the documents or information referred to in Articles 7, 8, 9 and 10 of this regulation, the ministry
responsible for energy requires the applicant to submit missing documentation within 15 calendar days from the date of the application.
2. If the applicant does not submit the missing documents within the period specified in paragraph 1 of
this Article, the ministry responsible for energy reject the application.
3. Ministry responsible for energy turns all applicants submitted documentation in case of rejection of his application.
A. Within 10 (ten) days of receipt of an application and after the applicant
have made the necessary payment for publication, the ministry responsible for energy shall publish three days, in three national newspapers
published in Tirana, a notice with the following contents:
- A brief presentation of the applicant;
- A brief description of the proposed project;
- Information about what can be found on the detailed application of the public;
- Address of the ministry responsible for energy, which can be submitted objections or comments regarding the application;
- Deadline for submission of objections or comments to the Ministry responsible for energy.
2. Costs borne
by the applicant for publication and deposited in the account of the ministry responsible for energy, in a bank designated by the latter.
3. Ministry responsible for energy ensures that the application and all accompanying documents, and other
information are available for public inspection at the premises of the ministry.
4. Ministry responsible for energy, taking into consideration the applicant's request, decide which documents or specific data will be kept confidential and may
block their recognition by the public.
A. Any person having a legitimate interest may file within one month from the date of first publication under paragraph 1 of Article 14 of this regulation,
the Ministry responsible for energy, his objections relating to an application made under this regulation.
2. Corresponding to the energy ministry to inform the applicant of the objections, which may have taken on his application and seeks
clarification from the applicant's objections made within 15 calendar days.
3. Ministry responsible for energy does not take into consideration any objection, if it occurred later than the deadline set in paragraph 1 of this article.
4. Ministry responsible for energy, in cooperation with the applicant and, where necessary in cooperation with other ministries concerned in this process, organize a hearing with the local community and local government district where the facility will
Overlapping locations of applications
A. If for the same site are two or more applications within the time specified in paragraph 1 of Article 15, the ministry responsible for energy, takes
into consideration all applications under the provisions of this regulation.
2. Application evaluation committee established under Article 17 of this Agreement will review all applications and proposes energy minister responsible for authorizing
the applicant prior to proposing the best solution.
3. Minister responsible for energy notifies other applicants for the rejection of their applications under paragraph 4 of Article 19 of this regulation.
GIVING, AND REMOVAL PERMIT EXTENSION
Commission assessment of the application
A. Minister responsible for energy, for evaluating a proposed project, creates an ad-hoc evaluation committee, composed
of specialists with the necessary expertise. Chairman of the committee assigned to one of the top leaders of the ministry.
2. At the request of the minister responsible for energy, whether for evaluating a proposal requires special expertise
may be appointed members of the evaluation commission application specialists from other ministries or institutions.
3. Ministry responsible for energy in the process of evaluating an application, if it considers it necessary, require foreign
expertise and advice.
4. Minister responsible for energy issues an order for the establishment and operation of the application evaluation committee.
Assessment of application
assessment of the application, after the deadline specified in Article 15 of this regulation for filing objections, shall consider the application, taking into consideration:
a) completeness and accuracy of the documentation submitted;
b) Technical, economic and financial test;
c) provide skilled and competent staff;
d) national energy strategy, approved by the Council of Ministers or any other document building energy policies for new sources of energy generation;
e) efficiency of energy generating source;
f) providing technical health and safety of people;
g) completion of environmental conditions under applicable law;
h) the geographic location of the source of energy generation
against the overall national system of production and supply;
i) mosinterferimin of new generating sources to the use of existing generating resources or those generating sources, which are authorized or are in process of construction;
j) whether the characteristics of the source of new power generation to ensure adequate coordination with the power system;
k) the technical solution of connecting the source of energy generation and transmission or distribution networks;
1) objections regarding the application submitted under Article 15 of this regulation;
m) the amount of electricity, but not less than 2% of annual production quantity, or its conversion value, which will be provided free of charge, in the form
Prior authorization for continuation of proceedings
A. The evaluation committee presents the application of the Minister responsible for energy, within 3 (three) months from date of receipt
of application, a report concerning the adoption or rejection of application.
2. Minister responsible for energy, in the case of a positive opinion of the evaluation commission of the application, issue to the applicant prior authorization
for continuation of procedures for obtaining authorization.
3. Prior authorization for continuation of proceedings shall include:
a) name of the applicant;
b) the exclusive right of the applicant to make measurements or
other studies related to investments for the construction of power generating source;
c) the period within which the applicant must complete measurements or other studies related to the investment under the letter "b" of this point.
responsible for energy, in the case of a negative decision, notify the applicant for refusing the application.
5. Applicant whose application is rejected may appeal to the Minister responsible for energy within 10 (ten) days after receipt of
notice under section 4 of this article.
Submission of documents to the other
Applicant provided with prior authorization under paragraph 2 of Article 19 of this Regulation, submit to the Ministry responsible
for energy, within the period specified in the previous authorization according to paragraph 3 (c) of Article 19 of this regulation, the following document:
a) complete feasibility study of technical, economic, financial and environmental and social
development, based on data and real measurements performed in the areas of project implementation;
b) the business plan of the project;
c) project implementation schedule;
d) Approval of TSO or DSO for connection point with
the network of transmission or distribution, as required by Code transmission or distribution;
e) environmental permits and authorizations from local and national institutions;
f) documentation proving the applicant's property rights
over land, private property, to be used for construction of power generating source.
Giving of authorization
A. Ministry responsible for energy review within 30 (thirty) calendar days of the submission,
completeness and accuracy of all documents submitted by the applicant under section 20 of this regulation.
2. Ministry responsible for energy, if it concludes that all documents submitted by the applicant under section 20 of this regulation,
are complete and accurate, the Council of Ministers sends the proposal to approve the authorization, accompanied by all documents and a copy of the previous authorization granted under Article 19 of this regulation.
3. Council of Ministers
shall consider and approve the authority under its procedures.
Content of authorization
A. Authorization approved by the Council of Ministers, under section 21 of this regulation, includes the following
elements, but not limited to:
a) The name and residence of the holder of the authorization;
b) the right granted by the authorization (type, capacity and technology of generating energy source);
c) the location of power generating
d) The term of the authorization;
e) time to prepare a study of the technical implementation of the project;
f) the right of the competent state institutions to oversee and monitor construction activities to the holder
of the authorization;
g) the holder of the obligation to submit periodic (quarterly / monthly) the Ministry responsible for energy, information on the progress of construction of power generating source;
h) any restriction on protected
i) obligation between Applicant and the ministry responsible for energy signed a contract for the implementation of this project and penalties in case of failure to carry or transfer of the authorization;
j) the authorization holder's
obligation to pay the royalty, expressed by the applicant, in accordance with paragraph "m" of Article 18 of this regulation;
k) The authorization may also include a requirement that the source output power generation sold to the public supplier,
according to Albanian law.
Obligation to provide information
A. The authorization holder shall send the Ministry responsible for energy, every 3 (three) months from the date of authorization, a report
on its activities for the construction of power generating source.
2. Ministry responsible for energy, without being restricted by clause 1 of this article has the right to require the holder of the authorization any information it considers
necessary for the application of authorization.
Extension of the authorization
A. Authorization holder may submit to the Ministry responsible for energy a written request for an extension of the
authorization, giving reasons for the requested extension.
2. Ministry responsible for energy, as it deems fit, accept an extension of the authorization and approval procedures continues to the Council of Ministers. In contrast, the Council
of Ministers proposes the removal of authorization.
3. Any extension of authorization for the construction of a power generating source, as defined in paragraph 1 of this Article may be granted only once and can not be more than half of the
construction period, as stipulated in the authorization.
4. Holder shall notify in writing the Ministry responsible for energy, not later than 60 (sixty) days prior to the deadline specified in the authorization, when it becomes clear that
there may be able to meet the
Transfer of authorization
A. Authorization issued under this regulation, to build a power generating source, can be transferred to a third party, in whole or in part, only with the approval
of the Council of Ministers, considering it as a new authorization.
2. Entity that will be provided with authorization must complete and submit to the Ministry responsible for energy station all documents specified in Articles 7, 8, 9 and 10 of this
3. Ministry responsible for energy submitted to the Council of Ministers a proposal for grant of authorization.
4. Transfer the request of the holder of the authorization or request of another subject, just as the Council of Ministers,
pursuant to Article 26 of this regulation, it has removed the previous holder of the authorization.
5. Any transfer of authorization to third parties without the approval of the Council of Ministers, is priceless.
of the authorization
A. Council of Ministers may revoke the authorization entity, without the obligation to settle financially or otherwise work done in the following cases:
- Written request of the holder of the authorization,
in special cases justified;
- If the authorized entity has not fulfilled the obligations and criteria specified in the authorization;
- If no implementation schedule of works and if within 30 (thirty) days of notification, the ministry responsible
for energy makes the applicant, the latter does not justify failing to enforce claims of duty and does not document its ability to complete on the date specified object or any stage thereof;
- If the holder fails to inform, as required by Section 24
of this regulation and if within a period of 15 days following notice from the ministry responsible for energy, the applicant still does not send the required information;
- If it is authorized subject statements are not true;
- When the holder
of the authorization have begun bankruptcy proceedings or liquidation under the law no.8901, dated 23.5.2002 "On bankruptcy".
2. Council of Ministers revoking the permission to publish the Official Gazette.
A. Any application made to the Ministry responsible for energy for building new sources of energy generation, which are not subject to concession, before the entry into force of this Regulation, shall be
governed by the provisions of this Regulation, except sections 14 and 15.
2. In the event that the review of documentation submitted by the applicant concluded a lack of information or documents provided in Sections 7, 8, 9 and 10 of this regulation,
the ministry responsible for energy requires the applicant to submit the missing documents within a specified period, despite the deadline set in paragraph 1 of Article 13 of this regulation.
Copies of the authorization
issued in three copies, of which a copy is attached to the archives held in the Council of Ministers, holds a copy of the ministry responsible for energy and a copy is given to the applicant.
regulation is subject to change by the Council of Ministers.