Based on: Law No. 55/2015
On Strategic Investments In The Republic Of Albania
Article 5
Public interest
Strategic investments, defined as such in this law, are considered in the public interest.
The determination of the public interest in the selection of a strategic investment is evaluated according to:
a) Investment value;
b) Time of realization of the investment;
c) Productivity and added value of the investment;
ç) Opening of new jobs;
d) Sectoral economic priority;
dh) Regional and local economic development;
e) Development or improvement of conditions and standards for the production of goods and provision of services;
ë) Providing new technologies to increase competitiveness and investment effectiveness;
f) Increasing the overall level of security and quality of life of citizens;
g) Protection of the environment and the consumer.
STRATEGIC INVESTMENTS AND SELECTION EVALUATION CRITERIA
Article 8
Strategic sectors and criteria for implementation of procedures
1. Strategic sectors, in the implementation and for the effect of this law, are considered:
a) Energy and mining sector;
b) “Transport, electronic communications infrastructure and urban waste” sector;
c) “Tourism (Tourist structures)” sector;
ç) “Agriculture (Large agricultural farm) and fishing” sector;
d) “Technology and economic development zone” sector;
dh) areas with development priorities.
2. Specific sub-sectors, within the sectors mentioned in point 1 of this article, are determined by a decision of the Council of Ministers.
3. In addition to what is provided in point 1 of this article, the proposed investments to be considered strategic, must simultaneously meet the criteria set out below:
a) For the energy and mining sector and investment sub-sectors to be:
i) equal to or greater than 30,000,000 (thirty million) euros, for investors / projects that will benefit the status “Investment / strategic investor, assisted procedure”;
ii) equal to or greater than 50 000 000 (fifty million) euros, for investors / projects that will benefit the status “Investment / strategic investor, special procedure”.
b) For the sector “Transport, electronic communications infrastructure and urban waste” and investment sub-sectors to be:
i) equal to or greater than 30,000,000 (thirty million) euros, for investors / projects that will benefit the status “Investment / strategic investor, assisted procedure”;
ii) equal to or greater than 50 000 000 (fifty million) euros, for investors / projects that will benefit the status “Investment / strategic investor, special procedure”.
c) For the sector “Tourism” (Tourist structure) the investment should be:
i) equal to or greater than 5 000 000 (five million) euros, and at the same time creates, at least, 80 new jobs, for investors / projects that will benefit the status “Investment / strategic investor, procedure assisted ”,
ii) equal to or greater than 50 000 000 (fifty million) euros, for investors / projects that will benefit the status “Investment / strategic investor, special procedure”.
ç) For the sectors “Agriculture (construction of the model of” Large agricultural farm “) and fishing” the investment should be:
i) equal to or greater than 3 000 000 (three million) euros, and which, at the same time, creates, at least, 50 new jobs, for investors / projects that will benefit the status of “Investment / strategic investor , assisted procedure ”;
ii) equal to or greater than 50 000 000 (fifty million) euros, for investors / projects that will benefit the status “Investment / strategic investor, special procedure”.
d) For the sector “area of technology and economic development”, including its sub-sectors, the investment should be:
i) equal to or greater than 5 000 000 (five million) euros, for investors / projects that will benefit the status “Investment / strategic investor, assisted procedure”;
ii) equal to or greater than 50 000 000 (fifty million) euros, for investors / projects that will benefit the status “Investment / strategic investor, special procedure”.
dh) For the sector “Development priority areas” the investment should be:
i) equal to or greater than 1 000 000 (one million) euros, and which, at the same time, creates, at least, 150 new jobs, for investors / projects that will benefit the status of “Investment / strategic investor , assisted procedure ”;
ii) equal to or greater than 10 000 000 (ten million) euros and which, at the same time, creates, at least, 600 new jobs, for investors / projects that will benefit the status “Investment / strategic investor, special procedure ”.
4. Except as provided in point 3 of this article, for the implementation of the project, the investing entity, for the assisted / special procedure at the time of application and / or contract, in cases where according to the applicable law is signed one for public-private partnership with the Albanian state, must present financial data, which prove its ability to meet the financial guarantees for the realization of the investment, in the amount of not less than 10 percent of the investment value.
5. The Council of Ministers determines the margins of the financial guarantee, more detailed rules for them, as well as the nature of the probative documentation that the subject must submit to prove the financial capacity for the realization of the project, according to the definition of point 4 of this article.
6. The status “Investment / strategic investor, special procedure” also benefits the investors / investment projects, for which, despite not being foreseen to be realized in one of the sectors defined in point 1 of this article, it is foreseen that the total value of the investment capital of the project have equal to or greater than 100 000 000 (one hundred million) euros.
7. The Council of Ministers, pursuant to the letter “dh”, of point 1, of this article, determines with a decision detailed rules for the definition and functioning of the areas, which will be considered with development priority.
