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The Council of Ministers has approved through a decision the general rules for the programming of inspections, the risk assessment methodology and the maximum limits of the duration of annual inspections for entities.
Inspections will be planned with annual and monthly programs.
Inspection activities will be based on annual and monthly programs, which will be drafted by central and local inspectorates.
For central inspectorates, the annual program will be drafted by the inspectorate itself, will receive an advisory opinion from the Inspector General and will then be approved by the responsible minister. For local inspectorates, the annual program will be approved by the mayor, also after the advisory opinion of the Inspector General. The latter will also have the role of supervising the implementation of the programs, with the aim of avoiding unnecessary repeated controls and overlapping inspection bodies.
Deadlines set for the drafting and approval of plans
The decision also sets out the procedural calendar for the programming of inspection activities. Central and local inspectorates must submit the annual thematic inspection program by October 15 of the previous year, while the General Inspectorate must provide an advisory opinion within 5 working days. The annual program must then be approved by December 24 in the “e-Inspection” system.
For monthly programs, central inspectorates must submit them by the 15th of the previous month, while the General Inspectorate must approve them by the 18th of the same month, or no later than 3 days from the date of entry into the system. For local inspectorates, the monthly program must be sent for opinion by the 10th of the previous month.
Risk becomes the new basis for selecting subjects
The decision sets out a new risk assessment methodology. According to it, inspections will no longer be planned solely on a routine basis, but by identifying sectors, entities and facilities that pose the highest risk to the public interest and the legitimate interests of citizens and businesses.
The decision divides risk factors into two main groups: factors related to the likelihood of non-compliance and factors related to the effects of non-compliance. In other words, not only the likelihood that an entity will not comply with legal requirements will be assessed, but also the damage that could be caused if this happens. For this purpose, measurable and verifiable indicators will be used, which will be included in a scoring system and in a special risk assessment matrix.
Inspectorates will need to continuously update risk factors and indicators, based on inspection history, legal changes, and new evidence on the impact of entities' activities.
Unscheduled inspections are limited to 25 percent
The decision also sets out the limitation of inspections outside the program. Although central and local inspectorates may carry out such controls in accordance with the law, their number should not exceed 25 percent of the number of inspections foreseen in the annual program. The declared goal is to gradually reduce this amount from year to year.
In cases where circumstances require exceeding this limit, the approval of the Inspector General will be required. This category also includes inspections carried out within the framework of special task forces established by the Council of Ministers.
The maximum time of stay in the subject is also determined.
The decision also sets the maximum permitted limits for the duration of annual inspections, linking them to the size of the entity and the level of risk posed by its activity. In determining this time, a number of factors will be taken into account, including the tax category, type of license, quantity of production or products placed on the market, characteristics of the activity and the risk that may arise from it.
According to the categories defined in the decision, very high-risk entities will be able to be inspected from 13 to 15 days per year. For high-risk entities, the duration will be from 9 to 12 days. For the medium category, a period of 7 to 8 days is foreseen, while for low-risk entities, the maximum annual inspection period will be 6 days.
The new rules and procedures set out in this decision will begin to be implemented only after the improved "e-Inspection" system is operational. /ekofin.al
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