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Law

Nr. 8663 date 18.9.2000

For the registration, the manner of use and the control of motor-powered navigational conveyances under 20 tons net weight

LEGISLATIONLINE Notice : several provisions of this law such as articles 17, 18 and 30 are potentially relevant to the prosecution of traffickers.

In reliance on articles 78 and 83, paragraph 1 of the Constitution and upon the proposal of the Council of Ministers,

The People’s Assembly

of the Republic of Albania

decided

PART ONE

ARTICLE 1

(Purpose)

This law regulates the manner of registration, classification, use and control of motor-powered navigational conveyances with a Register Net weight of less than twenty tons (20NT) and aims at regulating the use and insuring the control of these means.

ARTICLE 2

(Definition of navigational conveyance)

Within the meaning of this law, a navigational conveyance is a motor-powered navigational conveyance under 20 NT which has a total power of motor(s) of more than thirty kilowatt/hours (KW) or 40.8 horse/power (HP), classified on the basis of the Albanian Naval Registry or the counterpart registers of other states.

ARTICLE 3

(Area of application)

1. This law applies to the navigational conveyances, object of this law, that can be used on seas, lakes and rivers.

2. This law does not apply to navigational conveyances that are used by armed forces, the offices of the port commander, police forces, customs organs or other organs established by law.

3. This law does not apply to those navigational conveyances exclusively designated for fishing on which other laws in force are applicable.

PART TWO

ARTICLE 4

(Compliance with norms on navigation)

Navigational conveyances shall comply with the norms of navigation on the seas, lakes, and rivers, including those regarding life-saving equipment, illuminated signals for navigation at night, and tools of radio communication synthesized on the frequencies of maritime aid.

ARTICLE 5

(General obligation)

The navigational conveyances object of this law shall in any case:

ARTICLE 6

(Procedures for the matriculation and issuing of a license of navigation)

1. The request for matriculation shall be presented by the owner or co-owners of the navigational conveyance within five days from the acquisition of the right to ownership of the navigational conveyance, and shall specify the intended purpose of the use of the conveyance itself, with attached the documentation issued by the Albanian Naval Registry.

2. The Office of the Port Commander or the dependent offices of lakes and rivers, which are competent for the territory, upon the verifications provided in the legislation on navigation, undertake the matriculation and issue the license of navigation according to the model approved by decision of the Minister of Transport.

3. The matriculation number and the name of the navigational conveyance shall be visible.

4. The characteristics of the matriculation number and the name of the navigational conveyance are determined upon decision of the Minister of Transport.

5. A license of navigation, and only one, shall be issued to the person concerned within five days of the submission of request. In the license the generalities of the owner or the potential co-owners shall also be stated.

ARTICLE 7

(Procedures for the registration with the Office of the Police)

1. The request for registration shall be submitted to the Office of the Border Police, which is competent for the territory, by the owner or jointly by the co-owners of the navigational conveyance within five days from the issuing of the license of navigation.

2. The request shall include the purpose of use, which shall correspond to that in the document issued by the Albanian Naval Registry.

3. The following documents shall be attached to the request:

ARTICLE 8

(Territorial competence)

1. Territorial competence according to article 5 is determined on the basis of the permanent location of the navigational conveyance.

2. Territorial competence pertains to the Office of the Port Commander for navigation in the sea, whereas it stands with the dependent offices on lakes and rivers for navigation on lakes and rivers.

ARTICLE 9

(Certificate of use)

1. Within five days from registration, the Office of the Border Police issues to the owner or co-owners the certificate of use of the navigational conveyance, of which the model is approved by the Minister of Public Order.

2. In the certificate of use shall be stated: the complete data of the owner, co- owners and the potential authorized pilot; the number of matriculation and the name of the conveyance; the type and cargo capacity; the number of persons that can be transported; the permanent place of location; and the purpose of use of the navigational conveyance.

ARTICLE 10

(Exhibition of documents)

The license of navigation, the certificate of use, the valid identification document, the driver’s license, and a copy of the declaration, provided in paragraphs 1 and 2 of article 14 should always be kept on board during navigation and exhibited in cases of control upon the request of the competent authorities.

PART THREE

ARTICLE 11

(Importation)

1. Whoever imports a navigational conveyance, object of this law, besides the provisions of customs procedures, is obliged within twenty-four hours of the arrival of the conveyance to submit a written declaration to the Office of the Border Police that is competent for the territory, indicating his personal generalities and residence, the place of location of the conveyance, and the data of the owner or co-owners.

2. Within five days of the importation the owner or co-owners shall matriculate the navigational conveyance, according to the procedures provided by article 6 of this law.

ARTICLE 12

(Possession and holding)

1. Whoever possess or holds, at whatever title, a navigational conveyance or parts of it, shall submit, within twenty-four hours from the acquisition of the possession or holding, a written declaration to the Office of the Border Police that is competent for the territory, indicating his personal generalities and residence, the permanent place of location, and the data of the owner or co- owners.

2. The possessors or holders shall always keep with themselves the documents attesting the matriculation and registration of the navigational conveyance.

3. The declaration of the possession or holding shall be made each time the permanent place of location changes.

ARTICLE 13

(Changes of the requirements)

1. The owner or co-owners of a navigational conveyance and the person authorized according to letter "c", paragraph 3, article 7, are obliged to communicate in writing to the Office of the Border Police that has issued the certificate of use, any change regarding one or several of the requirements contemplated in articles 7 and 9 of this law, within twenty-four hours from the act of such change.

2. "Change" is considered:

3. Within not more than five days from the submission of the change notification, the Office of the Border Police that is competent for the territory shall undertake a new registration and issue a new certificate of use.

4. Until a new certificate of use is issued, a navigational conveyance cannot be moved from its place of location or used for any other purpose.

5. The criminal record according to letter "d", point 3, article 7 is verified every twelve months by the Office of the Border Police.

ARTICLE 14

(Obligations regarding the plans of navigation)

1. If the plan of navigation provides for the exceeding two miles from the shore or 0.2 miles from the channel of Corfu, the owner or co-owners or the person potentially authorized to pilot the conveyance shall submit, at least 6 hours before any action of movement, a written declaration to the Office of the Border Police of the place of departure, who issue an attested copy of the declaration.

2. The obligation according to paragraph 1 also pertains to cases where the plan of navigation provides for the crossing of a state borderline of the Republic of Albania.

3. The place of arrival for practicing the activity previously stated as well as the hour of departure and return are defined in the declaration.

4. Particular provisions concerning the navigation distance on rivers and lakes located in the state borderline are defined by decision jointly approved by the Ministers of Public Order and that of Transport.

PART FOUR

ARTICLE 15

(Factories and naval construction sites)

1. The factories and naval construction sites that build, restructure, repair or acquire at any title navigational conveyances that are object of this law, shall keep a register with sheets that are numbered, stamped and signed by the head of the Office of Border Police, which is competent for that territory.

2. In the register shall be listed, chronologically and without unreadable cancellations or alterations: the data concerning each production restructuring and repairs; the model, the production matriculation number and name of the conveyance; the complete data of the purchaser, the owner or co- owners or the yielder and the person who has transported the navigational conveyance; and the manner of payment.

3. For purposes of control, the responsible person of the factory and naval construction site should exhibit the register upon the request of police authorities.

PART FIVE

ARTICLE 16

(Navigational conveyances matriculated in a foreign country)

1. Besides potential customs obligations, citizens of Albania or other States or stateless persons, owners, possessors or holders of navigational conveyances that are not matriculated in Albania, upon arrival in the national port, shall declare in writing their presence, the reasons for it, and the duration of their stay in Albanian territorial waters. Such declaration shall be presented to the Office of the Port Commander or to the dependent offices on lakes and rivers and to the Office of the Border Police that is competent for the territory.

2. If such conveyance stays in Albanian territorial waters without anchoring in the ports, the declaration shall be presented to the Offices mentioned in the preceding paragraph, upon entrance into Albanian territorial waters, and can also be made through the radio on board.

3. Besides what is provided in the preceding paragraphs, and other obligations towards the Office of the Port Commander deriving from legislation on navigation, the owner and possessor or holder of the navigational conveyance that is matriculated in a foreign country, who intends to stay in Albanian territorial waters for a period exceeding seven days or to exercise a long-term activity in Albania, is obliged to subject to the registration obligation foreseen by article 7.

4. For registration, documents of navigation issued by the foreign matriculation authorities shall be submitted.

5. The criminal record provided in letter "d" of paragraph 3 of article 7 shall be submitted, provided that long-term activity in Albania is intended.

PART SIX

ARTICLE 17

(Failure to meet requirements)

Whoever meets the conditions contemplated in paragraph 4 of article 18, cannot own, possess or hold navigational conveyances, object of this law, until rehabilitation according to the criminal and criminal procedure codes.

ARTICLE 18

(Prohibitions)

1. Registration at the Office of the Border Police is prohibited and the certificate of use cannot be issued, if a navigational conveyance, object of this law, has not been previously matriculated, as contemplated in letter "a" of article 5 of this law.

2. Registration at the Office of the Border Police is prohibited and the certificate of use cannot be issued, if the request provided in paragraph 2 of article 7 is incomplete and does not have attached all the documents provided in paragraph 3 of the same article.

3. Registration of navigational conveyances is prohibited for anybody who has been convicted for:

4. The use of navigational conveyances that are not matriculated, registered or equipped with a certificate of use is prohibited.

PART SEVEN

SANCTIONS

ARTICLE 19

(Illegal registration and issuing of the certificate of use)

1. The registration or issuing of a certificate of use of a navigational conveyance, which is done intentionally by the officer or agent of police contrary to the provisions contemplated in points 1, 2 and 3 of article 18, constitute a criminal contravention and is punished by a fine from 50.000 (fifty thousand) to 100.000 (hundred thousand) lekë.

2. Violation contemplated in the point above, committed due to the carelessness of an officer or agent of police, constitutes an administrative contravention and is punished by a fine of 10.000 (ten thousand) lekë.

ARTICLE 20

(Failure to possess the documents during navigation)

1. Failure to possess on board during police controls the documents contemplated in article 10, constitutes an administrative contravention and is punished by a fine from 10.000 (ten thousand) to 15.000 (fifteen thousand) lekë.

2. A report on the recognition of a violation, a copy of which is given to the holder or possessor of the navigational conveyance, shall specify that the owner, co-owners or the pilot are obliged to submit within the three subsequent days the above-mentioned documents to the Office of the Border Police proceeding the case.

3. If the documents are not submitted within the time period contemplated in the preceding point, the navigational conveyance is subjected to an administrative blocking for 180 (one one-hundred eighty) days upon the order of the head of the competent office of Border Police. The expenses for the custody, which are determined by decision of the Minister of Public Order, are charged to the transgressor.

4. If the documents are not presented within this time period, the navigational conveyance is confiscated.

5. In the case provided in paragraph 1, the navigational conveyance is subject to administrative blocking until the verification of the identity of the owner, co-owners, possessor, holder or pilot of the navigational conveyance.

6. Persons on board of a navigational conveyance can be accompanied at any time to the offices of the Border Police for identity verification based on article 45 of Law No. 8553, dated 25.11.1999, "On the State Police".

7. In cases where the violation contemplated in point 1 is repeated, the administrative sanction is doubled.

8. If the violation contemplated point 1 is repeated more than twice, the administrative sanction is doubled and the additional sanction of administrative blocking of the navigational conveyance for 90 (ninety) days is applied.

ARTICLE 21

(Refusal to exhibit documents)

1. Refusal to exhibit the documents contemplated in article 10 constitutes a criminal contravention and is punished by a fine from 50.000 (fifty thousand) to 100.000 (hundred thousand) lekë, and by confiscation of the navigational conveyance.

2. The officer or agent of Border Police who has performed the control seizes the navigational conveyance, in compliance with the procedure provided in paragraphs 3, 4, 5 and 6 of article 31.

3. Within 15 (fifteen) days of when the measure of seizure is taken, the court decides on the confiscation of the navigational conveyance.

ARTICLE 22

(Failure to declare importation)

1. Failure to declare importation as contemplated in point 1 of article 11 constitutes a criminal contravention and is punished by a fine from 150.000 (one-hundred thousand) to 200.000 (two hundred thousand) lekë, and by confiscation of the navigational conveyance.

2. The officer or agent of Border Police who has attested the violation seizes the navigational conveyance, in compliance with the procedure contemplated in paragraphs 3, 4, 5 and 6 of article 31.

3. Within fifteen days from the seizure, the court decides on the confiscation of the navigational conveyance.

ARTICLE 23

(Failure to declare possession or holding)

1. Failure to declare possession or holding contemplated in article 12 constitutes a criminal contravention and is punished by a fine from 100.000 (one-hundred thousand) to 150.000 (hundred fifty thousand) lekë, and by confiscation of the navigational conveyance.

2. The officer or agent of Border Police who has attested the violation seizes the navigational conveyance, in compliance with the procedure provided in points 3, 4, 5 and 6 of article 31.

3. Within 15 (fifteen) days of when the measure of seizure is taken, the court decides on the confiscation of the navigational conveyance.

ARTICLE 24

(Absence of matriculation or registration)

1. Any ownership, possession or holding of a navigational conveyance, object of this law, that is not matriculated or registered as contemplated in article 5, constitutes a criminal contravention and is punished by a fine from 100.000 (hundred thousand) to 200.000 (two hundred thousand) lekë, and by confiscation of the navigational conveyance.

2. The officer or agent of Border Police who has attested the violation seizes the navigational conveyance, in compliance with the procedure provided in paragraphs 3, 4, 5 and 6 of article 31.

3. Within 15 (fifteen) days from the seizure, the court decides on the confiscation of the navigational conveyance.

ARTICLE 25

(Modification or falsification of the characteristics of the navigational conveyance)

1. Modification or falsification of the technical characteristics of a navigational conveyance or the power of the motor(s) constitute a criminal contravention and is punished by a fine from 100.000 (one-hundred thousand) to 200.000 (two thousand) lekë, and by confiscation of the navigational conveyance.

2. The owner, possessor, holder, and the pilot of the navigational conveyance are held responsible for collaborating in the commission of the criminal contravention contemplated in paragraph 1, provided that they have requested the modification or falsification.

3. The officer or agent of Border Police who has attested the violation seizes the navigational conveyance, in compliance with the procedure provided in paragraphs 3, 4, 5 and 6 of article 31.

4. Within 15 (fifteen) days from the seizure, the court decides on the confiscation of the navigational conveyance.

ARTICLE 26

(Responsibility for the activity of the factories and naval construction sites)

1. Violation of the provisions contemplated in paragraphs 1 and 2 of article 15 constitutes criminal contravention and is punished by a fine from 150.000 (one-hundred and fifty thousand) to 200.000 (two hundred thousand) lekë.

2. If the violation is repeated more than once, besides the fine contemplated in paragraph 1, the additional sanction of closure of the factory or naval construction site from ninety days to one-hundred and eighty days is applied.

3. The owner and administrator of the factory or naval construction site, are held responsible for collaborating in the commission of the contravention contemplated in paragraph 1, provided that they have requested the illegal activity, and the fine is doubled.

4. The provisional closure is decided during the control carried out by the Officer of the Border Police and in this case the procedure provided in points 3, 4, 5 and 6 of article 31 is applied.

5. The court decides within 15 (fifteen) days the measure of provisional closure to be taken.

ARTICLE 27

(Refusal to exhibit registers)

1. Refusal on the part of the owner or administrator of the factory or naval construction site to exhibit the registers, as provided in paragraph 3 of article 15, constitutes criminal contravention and is punished by a fine from 100.000 (one-hundred thousand) to 150.000 (one-hundred and fifty) lekë and by the additional sanction of closure of the factory or naval construction site from ninety to one-hundred and eighty days.

2. The provisional closure is decided during the control by the Officer or agent of the Border Police who has attested the violation and the procedure provided in paragraphs 3, 4, 5 and 6 of article 31 is applied.

3. The court decides within 15 (fifteen) days the measure of provisional closure to be taken.

ARTICLE 28

(Failure to declare modifications)

1. Failure to declare modifications contemplated in point 1 of article 13, article 14, and points 1 and 2 of article 16, constitutes a criminal contravention and is punished by a fine from 50.000 (fifty thousand) to 100.000 (one-hundred thousand) lekë.

2. If the violation provided in paragraph 1 is repeated, the administrative sanction is doubled.

3. If the violation provided in paragraph 1 is repeated more than twice, the administrative sanction is doubled and the additional sanction of administrative blocking of the navigational conveyance for ninety days is applied.

4. The officer or agent of Border Police who has attested the violation seizes the navigational conveyance, in compliance with the procedure provided in points 3, 4, 5 and 6 of article 31.

5. Within 15 (fifteen) days the measure of seizure is taken, the court decides on the confiscation of the navigational conveyance.

ARTICLE 29

(Displacement or use of the conveyance without authorization)

1. Displacement or use of the navigational conveyance contrary to point 4 of article 13, or point 4 of article 18, constitutes a criminal contravention and is punished by a fine from 100.000 (one-hundred thousand) to 150.000 (one-hundred and fifty thousand) lekë, and by confiscation of the navigational conveyance.

2. The officer or agent of Border Police who has attested the violation seizes the navigational conveyance, in compliance with the procedure provided in paragraphs 3, 4, 5 and 6 of article 31.

3. In any case, the conveyance used for the transportation from and to the place of use of the navigational conveyance is seized as well.

4. Within fifteen days from seizure, the court decides on the confiscation of the navigational conveyance.

ARTICLE 30

(Excess of the number of persons transported)

1. Besides what is provided in the legislation on navigation, the transport on the navigational conveyance of a number of persons, including the crew, which exceeds the number indicated in the license of navigation and certificate of use, constitutes an administrative contravention and is punished by a fine of 20.000 (twenty thousand) lekë for every person transported in excess.

2. Transport of a number of persons which exceeds the authorized number by ten, constitutes a criminal contravention and is punished by a fine from 150.000 (hundred and fifty thousand) to 200.000 (two thousand) lekë, and by confiscation of the navigational conveyance.

3. The officer or agent of Border Police who has attested the violation as provided in paragraph 2, seizes the navigational conveyance, in compliance with the procedure provided in paragraphs 3, 4, 5 and 6 of article 31.

4. Within fifteen days from the seizure, the court decides on the confiscation of the navigational conveyance.

PART EIGHT

ARTICLE 31

(Activity of the judicial police)

1. The Officer of Judicial Police belonging to the Office of Border Police, which is competent for the territory, upon decision of the court, inspects and controls places where he has grounds to believe that the navigational conveyances, object of this law, are illegally hidden or held contrary to the provisions in articles 11, 12, 17 and 18.

2. The Officer of the Judicial Police can proceed on his own initiative in cases of urgency according to the criteria determined by the criminal procedure code.

3. In any case the Officer of the Judicial Police should compile three copies of their report of inspection or control and the potential seizure of the navigational conveyance, as an element of evidence of the criminal offense, and then deliver one copy of the report to the person concerned, if present; one copy to the competent prosecutor; and file one third copy in the records of his office.

4. The report contemplated in paragraph 3 should state the potentially spontaneous declarations of the person, if present, towards whom the inspection or control is carried out.

5. The person contemplated in the preceding paragraph shall be informed, prior to the beginning of the operation, that he can request the assistance of a defense lawyer.

6. Within 48 hours, the Officer of Judicial Police should send the above-mentioned report to the prosecutor who will assess it within the following 48 hours.

ARTICLE 32

(Parts of navigational conveyances)

The provisions of the preceding article apply also to parts of navigational conveyances, which based on grounded information, collocation, methods of hiding, and presence of conditions indicated in point 5 of article 18 of the owner or co-owner, holder or possessor, give rise to the belief that they are designed to be used to compose or assemble navigational conveyances as defined in article 2.

PART NINE

ARTICLE 33

(Relationship with the criminal code and other special laws)

Besides the sanctions contemplated for individual violations of this law, those provided in the criminal code, and other special criminal laws are applied, provided that criminal offenses are committed through the use of navigational conveyances as defined in article 2.

ARTICLE 34

(Application of the criminal procedure code)

Besides the procedures contemplated in paragraphs 3, 4, 5, and 6 of article 31 of this law, the articles of the criminal procedure code are applied.

Article 35

(Judicial custody of seized and confiscated conveyances)

The navigational conveyances that are seized and confiscated basing on this law are entrusted to the Directorate of the State Reserve.

Article 36

(Use of confiscated conveyances)

1. Upon confiscation, the navigational conveyances contemplated in article 35 become state property.

2. The Directorate of the State Reserve, upon request of the Directorate of the Border Police and the approval of the competent organs, designates the use of the navigational conveyances to the offices of the Border Police, who can use them while performing their duties.

Article 37

(Administrative appeal)

Against the administrative measures taken, based on this law, the transgressor can, within five days, submit an appeal to the Minister of Public Order, who decides within fifteen days from the receipt of the appeal.

The transgressor can appeal the decision of the Minister of Public Order to the court within five days.

2. The submission and examination of the appeal is carried out according to the provisions of Law No. 7697, dated 07.04.1993 "On the administrative contraventions" and the respective amendments.

Article 38

(Sub-legal acts implementing the law)

1. The Minister of Transport should issue the acts provided in paragraphs 2, 4, and 6 within thirty days this from the entry into force of this law.

2. The Minister of Public Order should issue the acts provided in paragraph 1 of article 9, and paragraph 3 of article 20, as well as the norms to implement the administrative sanctions within thirty days from the entry into force of this law.

3. The Ministers of Public Order, Transport, and Defense should issue the joint act provided in paragraph 3 of article 14, within thirty days from the entry into force of this law.

4. The Ministers of Public Order, Transport, and Defense should issue any other joint act regarding the implementation of this law within ninety days from the entry into force of this law.

Article 39

(Transitional provisions)

1. The owner or co-owners, possessor or holder of the navigational conveyances that were acquired prior to the entry into force of this law, should submit the declarations contemplated in paragraph 1 of article 11, and paragraph 1 of article 12, within thirty days from the entry into force of this law.

2. Failure to make the declaration contemplated in paragraph 1, constitutes a criminal contravention and is punished based on article 22 and 23 of this law.

Article 40

(Final provisions)

1. The provisions of Law No. 7873, dated 16.11.1994 "On the seizure of land, navigational, and air conveyances through which a criminal offense is committed," are not applied to navigational conveyances object of this law.

2. Law No. 8440, dated 13.01.1999, "On the registration, use, and control of navigational conveyances under 20 tons net weight" and Law No. 8616, dated 01.06.2000 "On some amendments and additions to the Law No. 8440, dated 13.01.1999, "On the registration, use, and control of navigational conveyances under 20 tons net weight", are repealed.

ARTICLE 41

This law enters into force 15 days after the publication in the Official Gazette.

Announced by decree No. 2755, dated 23.09.2000 of the President of the Republic of Albania, Mr. Rexhep Meidani.