Albania: Albania changes Law on Hydrocarbons

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Albania: Albania changes Law on Hydrocarbons

intl-updates-small.jpg
ndreka.jpg

Dorina Asllani Ndreka

By adopting Law No. 6/2017, the Albanian Parliament amended the 1993 Law on Hydrocarbons (Exploration and Production). These latest changes are intended to make the law more easily applicable and to bring it closer to the acquis of the EU. The amendments also focus on safeguarding these important public assets.

Law No. 6/2017, dated February 2 2017, includes several definitions that were not originally included in the 1993 law and its previous amendments. Some of the most interesting ones include the definition of the license agreement, which is the authorisation provided by the ministry responsible for exploration, development and the production of hydrocarbons in the contract area. This license includes the possibility to transfer the rights wholly or partially to a local or foreign legal person, or to an international financial institution. However, if it deems it necessary for matters of national security, the ministry may reject the transfer of the hydrocarbon agreement quotas.

It is worth noting that a hydrocarbon agreement may include specific clauses about the stability of the tax regime. A similar provision existed in the previous version of the law, but the new one provides the following conditions:

  • These clauses cannot exceed a term of 12 years from the date of the production's commencement;

  • The regime of stability excludes the laws and regulations related to national security, labour relations, protection of the nature and the environment, protection of human health and international treaties; and

  • The tax regime's stability provision does not affect the calculation and payment of applicable taxes by contractors under the tax legislation in force.

The stable tax regime, which is provided for under the new Law on Hydrocarbons, is defined to be the current one, including the tax rates, applicable forms, terms of payments and all other tax aspects as laid out in the current tax legislation in force.

The new law is effective from March 7 2017, but it will only be applied to new hydrocarbon agreements and will exclude those already signed and those that had started the process of negotiation before that date.

Dorina Asllani Ndreka (tirana@eurofast.eu)

Eurofast

Tel: +355 (0) 42 248 548

Website: www.eurofast.eu

more across site & shared bottom lb ros

More from across our site

ITR’s data has highlighted the US firm’s ambition to become America’s ‘premier’ tax player via a concerted partner recruitment strategy
Jaap Zwaan’s arrival continues a recent streak of A&M Tax investing in the region; in other news, the US and Japan struck a deal that significantly lowered tariff rates
In a world where international tax concepts rely on human activity, Leonard Wagenaar poses existential questions about the future of such ideas when AI is ever-present
France v Axa provides a practical illustration of how the burden of proof is applied in TP matters under French law, ITR also heard
In an exclusive interview with ITR, Ian Gary calls for a central public CbCR database and bemoans the US’s lack of involvement in international tax transparency
Reckitt Benckiser is to divest its Essential Home business, which includes more than 70 brands, to private equity firm Advent International
In the first of a new series of weekly opinion pieces, ITR Editor Tom Baker reflects on the OECD’s attempts to sanitise the US’s brazen pillar two negotiations
The threat of 50% tariffs on Brazilian goods coincides with new Brazilian legal powers to adopt retaliatory economic measures, local experts tell ITR
The country’s chancellor appears to have backtracked from previous pillar two scepticism; in other news, Donald Trump threatened Russia with 100% tariffs
In its latest G20 update, the OECD also revealed tense discussions with the US where the ‘significant threat’ of Section 899 was highlighted
Gift this article