Amendments to law no. 93/2015, “On tourism”

Official Bulletin no. 232, December 28, 2017

On 18.12.2017, the Parliament of the Republic of Albania approved law no. 114/2017 “On some amendments to law no. 93/2015, “On tourism”. The first amendment is made to Article 4, to which paragraphs 53, 54 and 55 are added with the following content: 53. “4 or 5-star accommodation facility, special status” implies an accommodation facility, which includes a 4 or 5-star hotel and / or a 4 or 5 star resort, which meets the criteria set out in Article 33/2 of this Law. 54. “Investor in a 4 or 5 star accommodation facility, special status” implies the entity that finances the construction and / or undertakes the construction of 4 or 5 star accommodation facilities, with special status, in priority tourism development areas, which meets the criteria set out in Article 33/1 of this Law. 55. “Managing Operator in a 4 or 5-star accommodation facility, special status” means a hotel group which undertakes the operation and management of a 4 or 5 star accommodation facility, special status, either directly or through franchise contracts, similar to the latter. “ The second amendment coincides with the addition after article 33, of articles 33/1 and 33/2 with the following content: Article 33/1 provides that the special status “Investor in a 4 or 5 star accommodation facility, special status” is awarded by the Council of Ministers, upon the proposal of the minister responsible for tourism, for the subject that meets all of the following conditions: a) is an investor in a 4 or 5 star accommodation facility in the Republic of Albania, certified as such by the responsible structure under this Law; b) the investment value is at least € 8 million for the construction of a 4-star accommodation facility and at least € 15 million for the construction of a 5-star accommodation facility. While Article 33/2 paragraph 1, provides that the other criteria, procedures and documentation to be completed by entities wishing to apply for the status “Investor in a 4 or 5 star accommodation facility, special status” are determined by a decision of the Council of Ministers , upon the proposal of the minister responsible for tourism. Paragraph 2 of Article 33/2 provides that subjects benefiting the status of “Investor in a 4 or 5 star accommodation facility, special status” sign development agreements with the ministry responsible for tourism, which foresee mutual obligations, project implementation deadlines, the value of the project, prohibitions for the alienation of the ownership of constructed structures or their parts, as well as the consequences of disrespect of mutual obligations. Finally, the law no. 114/2017 provides that the Council of Ministers, within 9 months from the date of entry into force of this law, must is- sue a by-law for the implementation of point 1 of article 33/2.