International Transport ForumFor Official Use

ITF/TMB/TR(2016)3/ADD28/APP4/REV1
ITF/TMB/TR(2016)3/ADD28/APP4/REV

English - Or. English
12 May 2023

INTERNATIONAL TRANSPORT FORUM
TRANSPORT MANAGEMENT BOARD

Group on Road Transport

Draft Report by ALBANIA on current state of implementation of the QUALITY CHARTER
Information note Implementation of the Quality Charter in Albania, including the national
provisions on financial standing requirements (i) and classification of infringements andpenalties (ii) in Albania [cf. Annex 1 – Decision of Council of Ministers no.53, date 6.2.2019;
Annex 2 – Guideline of Minister of Transport and Infrastructure No. 328 of 20.01.2017]

This document amends the draft Application on Implementation of the Quality Charter by Albania
ITF/TMB/TR(2016)3/ADD28/FINAL/REV.
It was presented under Draft Agenda item 3.1 of the meeting held on 14-15 March 2019 in the Hague,
The Netherlands.
The document was revised in October 2022.

JT03518790
OFDE

For Official Use
This document, as well as any data and map included herein, are without prejudice to the status of or sovereignty over any territory, to thedelimitation of international frontiers and boundaries and to the name of any territory, city or area.

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Ministry of Infrastructure and Energy of Albania
IMPLEMENTATION OF THE QUALITY CHARTER IN ALBANIA
Information note on Implementation of the Quality Charter in Albania, including thenational provisions on financial standing requirements (i) and classification ofinfringements and penalties (ii) [cf. Annex 1- Decision of Council of Ministers no. 53 of
6.2.2019; Annex 2 - Guideline of Minister of Transport and Infrastructure No. 328 of20.01.2017]
The Ministry of Infrastructure and Energy of Albania is pleased to inform that Albania is in thefully compliance with the requirements of the Quality Charter for International Road Haulage
under the ECMT Multilateral Quota. Compliance with the Quality Charter is achieved throughEuropean Union regulations and implementation of appropriate European Union directives.
The key international legal instruments are as follows:- Regulation (EC) no. 1071/2009 of the European Parliament and of the Council of 21 October
2009 establishing common rules concerning the conditions to be complied with to pursue theoccupation of road transport operator and repealing Council Directive 96/26/EC.
- Regulation (EU) no 165/2014 of the European Parliament and of the Council of 4 February
2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 onrecording equipment in road transport and amending Regulation (EC) No 561/2006 of theEuropean Parliament and of the Council on the harmonisation of certain social legislation
relating to road transport.
- Regulations (EEC) no. 561/2006 of the European Parliament and of the Council of 15 March
2006 on the harmonisation of certain social legislation relating to road transport and amending
Council Regulations (EEC) no. 3821/85 and (EC) no. 2135/98 and repealing CouncilRegulation (EEC) no. 3820/85 and (EEC).
- Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on theinitial qualification and periodic training of drivers of certain road vehicles for the carriage ofgoods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive
91/ 439/EEC and repealing Council Directive 76/914/EEC.
- Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006,
on driving licences.

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Road Transport (AETR).
The legal instruments above mentioned are supplemented with domestic legislation to ensure theimplementation of those legal acts on the national level.
Recently the Council of Ministers has approved the Decision no. 53 of 6.2.2019 “On someaddenda and amendments to Decision of Council of Ministers no. 325 of 19.3.2008 “On theapproval of rules of acceptance in the activity of the operator of road transportation of goods andpassengers as well as the recognition of official documents issued to these operators”, as amended,aiming to approximate the Regulation (EC) No 1071/2009 of the European Parliament and of theCouncil of 21 October 2009 establishing common rules concerning the conditions to be compliedwith to pursue the occupation of road transport operator and repealing Council Directive
96/26/EC.
(Article 7(1) – regarding financial obligations of the undertakings, capital and reserves totallingat least EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicleused). {OJ of Republic of Albania no.15 of 12.02.2019}.
Useful link: https://qbz.gov.al/eli/vendim/2008/03/19/325/821b8af7-466e-451b-83ac634f54071f9b;q=VKM.NR%20325(See attached courtesy translation of the DCoM no. 53 of 6.2.2019).
On the basis of these laws the Ministry of Infrastructure and Energy of Albania through
Association ANALTIR manages allocations, issues the ECMT licences in Albania and ensuresthat undertakings meet all the requirements of the Quality Charter.
The national provisions regarding the classification of infringements and penalties are inequivalence or conformity with the Charter provisions respectively by:-Law no. 8378 of 22.07.1998 “Rode Code of the Republic of Albania”, as amended;-Law no. 9514 of 18.04.2006 "On the accession of the Republic of Albania in the European
Agreement “For crews of vehicles involved in international road transport (AETR)”;-

DCoM no. 1054 of 22.12.2010 “On approval of the Rules on recording equipment in roadtransport”;-

DCoM no. 1243 of 10.09.2008 “On Approval of the regulation for the organization of theworking time for the persons that are engaged in the road transport, for the work time ofvehicle conductors and registration equipment”;-DCoM no. 207 of 25.02.2009 “On approval of the regulations for road side checks andundertakings, as regards the application of working time rules for persons engaged in roadtransport, and for drivers working hour”

In the Annex 2, of the Guideline of Minister of Transport and Infrastructure no. 328 of 20.01.2017“On detailed rules for the list of data, which are kept in the national electronic register on roadtransport, as well as its modality”, is set out the list of the most serious infringements. [ThisGuideline approximates the Article 16(1) of Regulation (EC) no 1071/2009 of the European
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Parliament and of the Council of 21 October 2009 establishing common rules concerning theconditions to be complied with to pursue the occupation of road transport operator and repealing
Council Directive 96/26/EC}. {OJ of Republic of Albania no.17 of 6.02.2017].
Useful link: https://qbz.gov.al/eli/udhezim/2017/01/20/328/769644ec-a2c5-4396-93bc900eb14971cc;q=UDHEZIM%20NR.328(See attached courtesy translation of the Guideline no. 328 of 20.01.2017).
The national electronic register is established in the General Directorate of Road Transport
Services.
The General Directorate of Road Transport Services (GDRTS) and Road Traffic Policy areresponsible for roadside checks. The GDRTS is responsible for checks at the undertaking’s
premises.
Roadside checks are carried out on the basis of a rotation system of an appropriate geographicalbalance. The number of controls includes a number that is greater every year, of workers carryingout mobile road transportation, vehicle operators, enterprises and vehicles, of all categories oftransportation included in the regulations approved by DCoM no. 1243 of 10.09.2008 and, or in
the AETR Agreement.
The GDRTS has controlled in continuity the tachograph workshops, for their compliance withapproval requirements and operational documentation. The controls are carried out periodically.
In addition, GDRTS has prepared a technical manual for workshop operations and leaflet fordrivers who drive under specific rules as stipulated by the DCoM no. 1243 of 10.09.2008 and in
the Law no. 8378 of 22.07.1998 “Road Code of the Republic of Albania”, as amended.
The DCoM no. 465 of 26.07.2018 “On the establishment of the Task Force for the improvementof level of checking of motor vehicles and their trailers” was approved. The Decision stipulates
the setup of a provisional special Task Force aimed to improve the level of road control ofcommercial motor vehicles and their trailers, for the carriage of passengers and cargo, as well as
the control of repair, sale and purchase of motor vehicles, trailers and their parts that are out ofuse or abandoned and other related activities.
This Task Force:-will be responsible also for the control of all transport activities (including drivers,
undertaking’s premises, terminals, tahograph workshops, etc), and report on quarterlybase, on infringements, penalties, etc.

-reports to the Minister of Infrastructure and Energy and has a staff of 40 specialised
employees, contracted according to the provisions of the Labour Code. The Task Forcewill carry out is activity till 31 December 2019.

-his staff was trained during the period December 2018 – January 2019 in cooperation withthe GDRTS.

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According Sectorial Strategy of Transport and Action Plan 2016-2020, approved through theDecision of the Council of Ministers, no 811, on 16th November 2016 and Action Plan 20162020”, its foreseen 50% increase on roadside checks by 2020.
Under IPA 2013, the project “TA for the improvement of road safety” started in April 2017 withthe contract duration of two years. Further, the contract “Supply and installation of equipment forroadside technical checks spots”, was signed on November 2017. This contract will supply mobile
units/containers equipped with devises for road side checks. The new equipments will increase
the number of vehicles road checks undertaken. The project’s objective is to set up roadsidechecks in Albania according to the respective EU acquis.

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Courtesy translation
Decision of Council of Ministers
no. 53 of 6.2.2019“ON SOME ADDENDA AND AMENDMENTS TO DECISION OF COUNCIL OF
MINISTERS NO. 325 OF 19.3.2008 “ON THE APPROVAL OF RULES OFACCEPTANCE IN THE ACTIVITY OF THE OPERATOR OF ROAD
TRANSPORTATION OF GOODS AND PASSENGERS AS WELL ASTHE RECOGNITION OF OFFICIAL DOCUMENTS ISSUED
TO THESE OPERATORS”, AS AMENDED”1Pursuant to Article 100 of the Constitution, article 6 of the law no. 8308 of 18.03.1998 “On roadtransport”, as amended, upon the proposal of the Minister of Infrastructure and Energy, theCouncil of Ministers,
D E C I D E D:
In the regulation that attached to the decision no. 325 of 19.3.2008 of the Council of Ministers, asamended, carry out addenda and amendments, as follows:
I. Everywhere in the text, denomination “National Centre of Licencing” and term “QKL” replacerespectively with “National Centre of e Business” and “QKB”.
II. In chapter II, carry out these addenda and amendments:
1. Letter “a”, in point 5.2, reformulate with this content:“a) At least EUR 9 000 for first vehicle and EUR 5 000 for each additional vehicle used, whencarry out international transport of goods and passengers.”
2. Point 5.4, reformulate with this content:“5.4 Condition, concerning with the minimum available capital reserve of financial standing, ofactivity of the undertaking in international road transportation of goods and passengers, decided
according to letter “a”, of point 5.2, will be apply from 1st March 2019.”.
This decision enters into force after its publication in the Official Gazette.

1This decision partially approximates EU acquis no. CELEX 32009R1071 No EC/1071/2009 Regulation (EC) No
1071/2009 of the European Parliament and of the Council, of 21 October 2009 establishing common rules concerning
the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive
96/26/EC.

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Courtesy translation

GUIDELINE OF MINISTER OF TRANSPORT AND INFRASTRUCTURE NO. 328 OF20.01.2017 “ON DETAILED RULES FOR THE LIST OF DATA, WHICH ARE KEPT IN
THE NATIONAL ELECTRONIC REGISTER ON ROAD TRANSPORT, AS WELL AS
ITS MODALITY”
ANNEX 2
Most serious infringements
for the purposes of the point 2, Article 4
1.

Regarding driving time and rest period of the driver:a) exceeding the maximum 6-day or fortnightly driving time limits by margins of 25% or more.
b) exceeding, during a daily working period, the maximum daily driving time limit by a marginof 50% or more without taking a break or without an uninterrupted rest period of at least 4,5 hours.
c) not having a tachograph and/or speed limiter, or using a fraudulent device able to modify therecords of the recording equipment and/or the speed limiter or falsifying record sheets or data
downloaded from the tachograph and/or the driver card.
2.

Regarding travel documenta) driving without a valid roadworthiness certificate and/or driving with a very serious deficiencyof, inter alia, the braking system, the steering linkages, the wheels/tyres, the suspension or chassisthat would create such an immediate risk to road safety that it leads to a decision to immobilise
the vehicle.
b) transporting goods that are prohibited for transport or transporting such goods in a prohibitedor non-approved means of containment or without identifying them on the vehicle, thus
endangering lives or the environment.
c) carrying passengers or goods without holding a valid driving licence or carrying by anundertaking not holding a valid licence.
d) driving with a driver card that has been falsified, or with a card of which the driver is not theholder, or which has been obtained on the basis of false declarations and/or forged documents.
e) carrying goods exceeding the maximum permissible laden mass by 20% or more for vehicles
the permissible laden weight of which exceeds 12 tonnes, and by 25% or more for vehicles thepermissible laden weight of which does not exceed 12 tonnes.

For Official Use