ORDER

No.386, dated on 20.05.2011

ON APPROVAL OF RULES FOR USE OF DATA MINING a permission MINING

Pursuant to Article 102, paragraph 4 of the Constitution of the Republic of Albania, Article 50, paragraph 6 and article 56, paragraph 2 of Law No. 10 304, dated 15.07.2010 “On the mining sector in the Republic of Albania”

ORDER:

1. All data on mineral resources in the Republic of Albania, irrespective of their conservation, belong to the Albanian state and made available to the responsible structure, at the request of the latter, and in accordance with the provisions of Law no. 10304 dated 15.07.2010 “On the mining sector in the Republic of Albania”.
2. Technical data and study samples, which are owned by the responsible structures as a result of these structures, which belong to the Albanian state are available and used in accordance with the Albanian legislation in force.
3. Technical data and study the evidence possessed by the responsible structures derived from the mandatory information mining permit holders are confidential.
4. Technical data and research evidence that the holder of a mining permit creates the realization of his mining activities and are part of the mandatory information that the holder of a mining permit realizes structures responsible confidential. The mining permit holder may use the above data only on behalf of itself and only during the term of validity of the mining permit. Transfer of these data by the holder or former holder of a license to third parties can be made only after prior approval by the responsible body and respecting Albanian legislation on copyright.
5. Information on local tax payments and national not considered confidential. Data on tax payments published in local and national public transparency within the mining.
6. Each applicant for a mining right may use data obtained from the relevant structures or previous holders of mining permits, while maintaining their confidentiality and stating its source at the time of application.
7. The use of technical data and research evidence that the holder of a mining permit creates the realization of its activity and that confidential mining can be used when the possessor of the data agrees to follow the order, as follows:
8. a) the closing date of the mining right;
9. b) the holder of the exploration permit application performs mineral exploitation permits;
10. c) leaving the area in which they are received technical data, and research evidence;
11. d) two years after the date of receipt of this data and evidence of the relevant structure;
12. e) the publication of such data.

No execution can be carried out prior to the previous subsequent letter.

8. Definitions of section 6 can not restrict the right of the state to use such information for the preparation of financial and economic relations and technical-scientific needs him.
9. The results of the study evidence include chemical analysis, mineralogical, petrographic, technological studies, etc., As part of the final report by the deadline closing mining permit submitted to the institution of SHGJSH’s exploration permits and permits AKBN utilization. The sample results consist of:
10. a) drilling conducted in permits exploration, the holder of the permit shall submit to SHGJSH-lo: graphically columns geological drilling, duplicates samples of chemical analysis, where it caught mining body, shlif and anshlife representative studies mineralogical and petrographic as well as their description.
11. b) evidence of the treatment of the ore, the holder of the permit exploration, exploitation or exploration-exploitation delivers graphically scheme technological parameters conducted for each product of the scheme include: quantity, quality, recovery, content of stiffness , duplicates the final product chemical analysis and description of the parameters of the equipment used in the technological scheme.
12. The structure responsible state authorities and other state office in mining are obligated to maintain the confidentiality of the data obtained from the holders of mining permits or data for which they have learned in the exercise of their functions which constitutes a trade secret in accordance with the legislation in force. Violation of this obligation is punishable under the legislation in force.
13. To implement this order charged SHGJSH’s institutions, AKBN and METE directorate responsible in addressing the problems of mining permits. This order comes into force immediately.

MINISTER OF ECONOMY, TRADE AND ENERGY

Nasip Naco