ALBANIA | NADA DOLLANI, XHON SKËNDERI, ARMELA MAXHELAKU 43 It is important to mention that, in 2009, Albania adopted Law no. 10,186, of 05 November 2009, “On the regulation of state ownership to the construction plot in tourism priority areas”, which regulates the ownership relationships to the construction plot and facilities constructed in tourism priority stimulated areas that are granted to realise stimulated activities and created before the entry into force of this law63. This law provides the opportunity to transfer the title rights to the interested entities or stimulated persons to the built facilities and construction plot within the stimulated zone, as well as to non-tourist activities in the tourism-priority area. On the other hand, Albanian legislation guarantees the availability of state immovable properties of third parties for the development of tourism projects, as it is foreseen at the DCM no. 162, of 2 March 2016, “On the rules, procedures and methods of providing state immovable properties in priority areas for tourism development”. This by-law sets out the procedures for making available the state immovable properties, in priority areas for tourism development64. State immovable properties are made available either through “Call for application” procedure, which is announced by the ministry responsible for tourism, or through an application procedure presented by the developer65. In cases when an application is submitted to the responsible ministry by the developer, the ministry responsible for tourism makes a preliminary assessment if the objectives of the project are adapted to the sectoral or regional plans or strategies, there are no limits to the implementation of the project66. In the preliminary assessment, the ministry may, if it considers it necessary, call, in addition to specialists of the area, the ministry responsible for tourism and representatives of ministries or other institutions deemed to be related to the application67. After making the preliminary assessment and if the application is deemed to be admissible, the ministry responsible for tourism asks the applicant to submit all the documentation required in point 2.3 of the “Call for Applications” 63 Article 1 of Law no. 10,186, of 05 November 2009, “On the regulation of state ownership to the construction plot in tourism priority areas”. 64 Pursuant to Chapter I of the DCM, in the case of investors with the status “Special strategic investor”, according to the stipulations in Law no. 55/2015, “On strategic investments in the Republic of Albania”, the Council of Ministers may decide, on a case-by-case basis, and if this is required by the investor, the transfer of the right of ownership of the state immovable properties to the private investor, by conditioning the transfer with full realization of the investment. When evaluated by the Council of Ministers, the strategic investment agreement is proposed for approval by a special law in the Assembly of the Republic of Albania. 65 Article 1, Chapter 2 of DCM no. 162, of 2 March 2016, “On the rules, procedures and methods of providing state immovable properties in priority areas for tourism development”. 66 Article 4, Chapter 2 of DCM no. 162 “On the rules, procedures and methods of providing state immovable properties in priority areas for tourism development”. 67 Idem.
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