Democratic Party of Albania Reports on the General Elections, 25 April 2021 REPORT 02 7 MARCH 2021 Problems and issues These reports present breaches to the Electoral Code, Penal Code and relevant decisions of the Central Elections Commission. I. Concessions/Public Private Partnerships- PPP, breach the Central Election Commission (CEC) decision prohibiting PPP and concessions four months before the Election Day. The CEC Decision no. 9/3/4 dated 24.12.2020 provides that: “Four months before the election date until election day, it is prohibited to award public concession / public private partnership (PPP) contracts, for which no notice has been given. That they will take place, are not a continuation of a concession procedure identified and initiated, or are not foreseen to be financed through the approved budget of the election year”. Despite the CEC decision prohibiting the granting of Page 1 of 74 Concessions, the government has announced the following Concessions / PPPs: 1. Through the Decision of the Council of Ministers (DCM) no. 1185, dated 24.12.2020 "On determining the methodology and procedures for monitoring traffic in the field of hydrocarbons", published in the Official Gazette no. 27, and dated 19.02.2021, the date on which the government enters into concession, provides the service of monitoring and circulation of transactions in the hydrocarbon sector. This concession has a value of 100 million Euros and duration of 10 years. Link:https://qbz.gov.al/eli/vendim/2020/12/24/1185/1288ce52-13de-4f2e 848f4ecc908c3158;q=metodologjis%C3%AB%20dhe%20t%C3%AB%20procedurav e%20t%C3%AB%20monitorimit (Decision of the Council of Ministers) Link: https://qbz.gov.al/eli/fz/2021/27/c98f3905-ad69-424a-b002-bf13085c05e6 (Official Gazette) Link: https://www.balkanweb.com/qeveria-tjeter-koncesion-2-muaj-para-zgjedhjeve-per- karburantet-do-kushtoje-100-mln-e-per-10-vjet-sa-rritet-cmimi-per-konsumatorin/ (Media) 2. The Ministry of Infrastructure and Energy, announced on January 6th, 2021 in the Public Procurement Agency (documentation can be accessed at the official address of the institution app.gov.al), the tender on "Concession / PPP for design, construction, operation, maintenance and transfer of a Tourist Port in Page 2 of 74 the City of Vlora (Marina Vlora)", with reference number REF-83630-01-05- 2021 and duration 35 years. Link: https://www.balkanweb.com/rikthehen-propozimet-e-pakerkuara-per-ppp-qeveria- shpall-koncesion-35-vite-per-port-turistik-dy-muaj-para-zgjedhjeve/ (Media) On 02.03.2021, the Democratic Party has reported to the Special Prosecution Against Corruption and Organized Crime - SPAK, the Deputy Prime Minister of the Republic of Albania - Erion Braçe, as well as any other unidentified person, who with actions or omissions has consumed the criminal offenses "Abuse of duty" provided by Article 248 of the Criminal Code, "Violation of equality of participants in public tenders or auctions" provided by Article 258 of the Criminal Code, and "Use of public office for political or electoral activities" provided by article 328 / a of the Criminal Code. Deputy Prime Minister Erion Braçe contrary to Decision No. 9, dated 24.12.2020 of the Central Election Commission, through DCM no. 1185, dated 24.12.2020 "On determining the methodology and procedures for monitoring traffic in the field of hydrocarbons", published in the Official Gazette no. 27, dated 19.02.2021, probationary acts attached to this Report, in cooperation with other citizens, provides a concession service for monitoring and circulation of transactions in the hydrocarbon sector. This concession has a value of 100 million Euros and duration of 10 years. This concession, besides it looks very targeted for a specific contract (as the general and specific criteria that the winner must meet seems to have been drafted keeping in mind an identified company that must win), moreover It comes at a time when the special law (Electoral Code) and bylaws of the CEC expressly prohibit the granting of concessions or public favors in a period so close to elections. Page 3 of 74 Specifically, the CEC Decision no. 9/3/4 dated 24.12.2020 provides that: “Four months before the election date until election day, it is prohibited to award public concession / public private partnership (PPP) contracts, for which no notice has been given. that they will take place, are not a continuation of a concession procedure identified and initiated, or are not foreseen to be financed through the approved budget of the election year” Despite the fact that at first sight the concession seems to have been approved on 24.12.2020, again it was published and entered into force on 19.02.2021, i.e. exactly in the period of prohibition according to the law and sub-legal act. Clearly, this concession aims to give it to a predetermined company, violating on the one hand the guarantees of the law on impartial competition and on the other hand in order to create electoral favors towards the ruling Socialist Party. Taulant Balla abuses social assistance for electoral purposes On 23.02.2021, the Democratic Party has reported to the Special Prosecution Against Corruption and Organized Crime - SPAK, Taulant Balla MP, the second in command of the ruling party and leading the Elbasan Region campaign , as well as any other person unidentified, who by actions or omissions has consumed the criminal offenses "Active corruption in elections" provided by Article 328, and "Use of public office for political or electoral activities" provided by Article 328/a of the Criminal Code. Page 4 of 74 Taulant Balla, using DCM no. 85, dated 10.02.2021 “For an addition to the decision no. 597, dated 4.9.2019, of the Council of Ministers, "On determining the procedures, documentation and monthly amount of economic assistance and the use of additional funds over the conditional fund for economic assistance", has used the temporary doubling of economic assistance for political benefits. This is confirmed by the following “sms” to the people receiving economic assistance. Some of them have even threatened not to benefit from it if they do not support the Socialist Party. "Hello, I am speaking to you from the office of the Headquarters of Taulant Balla’s and I want to inform you that your economic assistance has doubled from February to June. This was made possible by Taulant Balla. We look forward to your support. Thank you” II. Legal and sub-legal acts which prohibit the provision of benefits to certain categories of the population during the election campaign. Prohibited actions provided by CEC Decision no. 9, dated 24.12.2020 “On the rules for reporting activities of public character of public institutions, agencies and / or state enterprises, categories of prohibited activities, as well as monitoring the activity, behavior and use of human, financial and logistical resources of state administration before the elections” Article 3, point 3: Four months before the date of the elections until the formation of the new government after the elections, it is prohibited to propose, approve laws or bylaws, or issue them in order to inform the public about decision-making of the approving institution on its official website, which provide for the provision of benefits to certain categories of the population, such as acts providing for the increase of salaries, pensions, economic or social support, reduction or abolition of taxes, forgiveness of interest on arrears, fines, tax and customs duties, the imposition of fiscal amnesties, the Page 5 of 74 privatization or award of assets or rewards, unless the initiative is conditioned by a state of natural disaster or epidemic / pandemic, or is aimed at enforcing an international legal obligation or enforcing of a final court decision”: 1. Official Journal no. 228, dated 24.12.2020 Link: https://qbz.gov.al/eli/fz/2020/228/2065d101-02fb-4485-8efc-b1a948a70a1e Decision of the Council of Ministers no. 1044, dated 18.12.2020 “For an addition to the decision no. 929, dated 17.11.2010, of the Council of Ministers, "On the creation and use of the special fund", as amended. The DCM provides that doctors and employees of the state police will receive end-of-year remuneration, the method of payment of which is determined by the Compulsory Health Insurance Fund and the General Directorate of State Police. 2. Official Journal no. 233, dated 30.12.2020 Link: https://qbz.gov.al/eli/fz/2020/233/0c4afe98-ea52-4e67-8f2c-10ef89e88e7b Decision of the Council of Ministers. 1076, dated 24.12.2020 “On some changes and additions to the decision no. 555, dated 11.8.2011, of the Council of Ministers, “On the approval of the structure and salary levels of employees with higher education and nursing staff in the system of the Ministry of Health and the Military Medical Unit at the University Trauma Hospital, as well as for the Page 6 of 74 treatment of medical personnel in the structures of the Armed Forces”, as amended. The DCM has changed the structure and level of salaries for employees of medical staff, other employees with higher education and employees of technical staff of medical sciences, in the system of the ministry responsible for health, in the Military Medical Unit at the University Trauma Hospital, in other structures of the Armed Forces and in the institutions of execution of criminal decisions and the respective hospital. 3. Official Journal no. 233, dated 30.12.2020 Link: https://qbz.gov.al/eli/fz/2020/233/0c4afe98-ea52-4e67-8f2c-10ef89e88e7b Decision of the Council of Ministers no. 1102, dated 24.12.2020 "On determining the basic criteria of the sector to be supported and the amount of funding from the fund of the program for agriculture and rural development, for 2021".