Albania: Albania changes Law on Hydrocarbons

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

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 & bottom lb ros

More from across our site

The president had so far avoided announcing tariffs on the US’s neighbours despite previous threats
The firm brought in three managing directors from EY and Deloitte in Europe; in other news, KPMG’s bid to practise law in US was delayed
One expert argues the ERS would be unlikely to improve taxpayers’ experience unless it comes with additional funding to hire more agents and staff
From pillar two and amount B to Apple’s headline EU Commission dispute, Martin Bonner and Yiwen Ping of Kreston Global argue that 2024’s key TP developments will inform 2025
Holland & Knight, Nelson Mullins and McCarter & English made the joint-most tax partner hires in the US last year, according to annual ITR Talent Tracker data
Despite a three-year-high in tax revenues generated from settling TP cases, HMRC reported a sharp fall in resolved MAP disputes
Inflexion’s proposed minority stake in Baker Tilly Netherlands could propel the firm in the Dutch market, CEO Ronald Hoeksel tells ITR
While the US’s dramatic exit from the OECD’s global tax deal naturally grabbed headlines, Trump’s premeditated move shouldn’t detract from pillar two’s lofty ambitions
The ‘big four’ firm’s audit of gambling company Entain is under the spotlight; in other news, Ireland shrugs off Trump’s rejection of pillar two
Mid-market European private equity house Inflexion, which also backs law firm DWF, has agreed to acquire a minority stake in the Dutch tax advisory firm
Gift this article