Nr 1314 Prot, date 26.02.2015

ACT OF COLLABORATION AGREEMENT

Today in Tirana, on 26th of February 2015, based on parties free will, government projection and mutual governmental institutions aiming the quick collection of delayed payments against the state institutions, as debtors of Central Technical Inspectorate, we are signing the following Act of Collaboration Agreement:

PARTIES:

Central Technical Inspectorate: located in Street “Muhamet Gjollesha”, No 56, Tirane, Albania represented by the Chief Inspector Ejana XHIXHA, below referred as IQT

and

National Chamber of Private Bailiffs: located in “Nikolla Jorga”, Building No. 9, Second Floor, Tirane represented Mr. Tedi MALAVECI.

Article 1

The objective of the act agreement

The objective is the full execution of all debts and fines as executive titles against the debtors/violators through the bailiff activities

Article 2

Definitions

In the context of this Act Agreement, referred to Law No. 71/2014, Law No. 9779 of 16.07.2007 “For the General Safety, and the Valuation of Non Food Products”, Law No. 8739 of 12.02.2001 “For guaranteeing the work safety of under pressure tools”, Law No. 8450, of 24.02.1999 “For the elaboration, transportation, petroleum, gas and their by products trade”, Law No. 8734 of 01.02.2001 “For guaranteeing the work safety of electrical tools and equipments”, Law No. 10279, of 20.02.2010 “For the Administrative Violations”, Civil Procedure Code, Law No. 10031 of 11.12.2008 “For the Private Bailiff Services” and other legal or normative acts, the following terms have the following meanings:

  1. Bailiff Subjects: Are all the subjects that exercise bailiff activities organized as physical persons or as corporations
  2. Executive Title: are the fines and other debt amounts issued by IQT to the public or private subjects
  3. Bailiff Service: are all the procedural activities provided by law that will be performed by the bailiff for the full execution of the title.
  4. Bailiff Fee: the fees provided by the common Guideline of Minister of Justice and Minister of Finance.

Article 3

Service Supply and benefits

Aiming the fulfillment of all requests of IQT, National Chamber of Private Bailiffs guarantees the full capacities usage of bailiff subjects operating in Tirana and in other districts of Albania.

By the signature moment of this act agreement, IQT will contract the bailiff service supplied by the private bailiffs (physical persons or corporations) according to the selection and according to IQT needs for each specific case according to the list of subjects determined by National Chamber of Private Bailiffs.

Article 4

The control exercised on the performed service

Parties of this Act Agreement, considering the importance and the sensitivity of consumer protection rights, agree that the service supplied will be supervised step by step, through a specific Task Group, despite the respective arrangements between IQT and bailiff subjects (physical persons or corporations).

The competencies and the detailed duties of this task group, will be determined in a specific Annex, after being approved by the National Chamber of Private Bailiffs, and will became an integral part of this Act Agreement.

Article 5

Parties Rights and Obligations

5.1 Rights and Obligations of IQT

IQT in accordance to the primary interest and the objective of this Act Agreement,

-Select the private bailiff service for the execution of delayed debts of debtors (public or private subjects)

-Signs with each bailiff subject the Sample Service Contract for each executive title and respects all contractual terms and parties rights

-Asks from National Chamber of Private Bailiffs, information related to all the executive procedure, information administered within 7 days.

-Addresses to the National Chamber every conflict between IQT and Bailiffs for solution

-Ask the immediate intervention of the National Chamber of Private Bailiffs when there are breaches of law or acts against the IQT interest by bailiffs.

5.2 Rights and Obligations of National Chamber of Private Bailiffs

National Chamber of Private Bailiffs, according to the Law No. 10031, 11.12.2008, article 25:

-Guarantees the strict performance of procedural actions and acting according to the law by each bailiff subject that will be contracted by IQT

-Asks and requires periodic information about the ongoing procedures related to the enforcement of the title and every 15 days sends to IQT an information summary.

-It applies the disciplinary actions against bailiffs, when there are breaches of time terms or actions performed in misfaith of creditor, ex officio or according to IQT request.

-Represents the full list of private bailiffs that have the necessary potential for supplying a correct bailiff activity

-Asks from IQT the respect of law and terms of contracts in the favor of bailiffs when necessary

-Guarantees bailiffs rights against every breach coming by the creditor IQT.

Article 6

Tariffs of Bailiff Service

6.1 Based on Article 43 of Law No. 10279 of 20.05.2010 “For the Administrative Violations”, each executive case, IQT will be excluded by the prepayment of the tariff

6.2 All tariffs and other executive expenses will be charged to the debtor.

6.3 All the necessary expenses during the process will be charged initially to bailiffs and later will be charged to the debtor.

Article 7

Bilateral Meetings

Parties, according to their request, continuously ask for meetings, and discuss for the appliance of this Act Agreement and for strengthening the collaboration in the future. Bilateral meetings will be organized at least once a month. During the meetings parties will find solutions for every problem stated during the practical appliance of this agreement.

Article 8

Length of the Act Agreement

This Act Agreement will be signed by IQT and National Chamber of Private Bailiffs for a determined time frame.

Article 9

Conflicts Solution

Parties will try to solve the conflicts amicably, if not, they will inform the Minister of Justice and the Minister of Energy.

Article 10

General Provisions

This act agreement can be improved any time referring to the Civil Procedure Code, other legal and normative acts. It is kept in 4 same copies, in which 2 are kept by IQT and 2 others by the National Chamber of Private Bailiffs.

Tirane, on 26th of February 2015

IQT National Chamber of Private Bailiffs

Represented by the Chief Inspector Represented by the Head

Ejana XHIXHA Tedi MALAVECI