WORLD TRADE  
ORGANIZATION  WT/REG168/1 
14 April 2004 
 
 (04-1675) 
Committee on Regional Trade Agreements Original:   English 
  
 
FREE TRADE AGREEMENT BETWEEN ALBANIA AND  
THE UNITED NATIONS INTERIM ADMINISTRATION MISSION IN KOSOVO (UNMIK) 
 
  
 The following communication, dated 6 April 2004, is being circulated at the request of the 
Delegation of Albania.
1 
 
_______________ 
 
FREE TRADE AGREEMENT BETWEEN THE COUNCIL OF MINISTERS OF THE REPUBLIC 
OF ALBANIA  AND THE UNITED NATIONS INTERIM ADMINISTRATION MISSION IN 
KOSOVO (UNMIK) ON BEHALF OF THE PROVISIONAL INSTITUTIONS OF SELF-
GOVERNMENT IN KOSOVO 
  
PREAMBLE  
 
 Desirous to develop and strengthen fri endly relations, especially in the fields of trade and 
economic cooperation, with the aim to contribut e to the development of economic cooperation 
between the Republic of Albania and Kosovo to increase the scope of mutual trade exchange, 
  The Council of Ministers of the Republic of Albania  and the United Nations Interim 
Administration Mission in Kosovo (UNMIK) on behalf of the Provisional Institutions of Self-
Government in Kosovo (hereinafter called "the Contracting Parties"), 
  Reaffirming their commitment to the principles of  market economy, which constitutes the 
basis for their relations,   
 Considering their common desire to participate ac tively in the process of international 
economic integration,    Expressing  their readiness to co-operate in finding the means and ways for strengthening of 
this process, 
 
 Considering the rights and obligations, arising out of the Stabilisation and Association 
process between the European Community and the Contracting Parties,   Taking into account United Nations Security Council resolu tion 1244 (1999) of 10 June 1999, 
authorizing the Secretary-General to establish an international civil presence in Kosovo, known as the 
United Nations Interim Administration Mission in Ko sovo (UNMIK), and the authority of the Special 
Representative of the Secretary General (SRSG) derived from this Resolution,  
                                                     
 
1 The Annexes of the Agreement have been submitted to the Secretariat for consultation by interested 
Members (office 1174). WT/REG168/1 
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  Resolved to this and to eliminate progressively the obstacles to substantially all their mutual 
trade in accordance with the provisions of the Ge neral Agreement on Tariffs and Trade (GATT 1994) 
and the Marrakesh Agreement, establishi ng the World Trade Organization (WTO), 
  
 Declaring their readiness to undertake activities with a view of promoting harmonious 
development of their trade, as well as of expanding and diversifying their mutual co-operation in the 
fields of joint interest, including fields, not covere d by this Agreement, thus creating a framework and 
supportive environment, based on equality, non-discrim ination, and balance of rights and obligations, 
  Firmly  decided that this Agreement will promote th e intensification of mutually beneficial 
trade between them and will bring to the process of integration in Europe, 
  Considering that no provision of this Agreement may be interpreted as exempting the Parties 
from their obligations under other international agreements, especially the General Agreement on 
Tariffs and Trade 1994 and the Marrakesh Agreemen t, establishing the World Trade Organization, 
 
 Have Decided , in pursuance of these objectives, to conclude the following Agreement 
(hereinafter referred to as "this Agreement"):  
Article 1 
 
Objectives
 
 1. The Contracting Parties shall gradually establish a free trade area in a transitional period, 
ending on 1 January 2009 in accordance with the provis ions of this Agreement and in conformity with 
the definition, set out in Article XXIV of the GA TT 1994, and the Marrakesh Ag reement, establishing 
the WTO. 
2. The objectives of this Agreement are: 
(a) to increase the economic co-operation of th e Contracting Parties and to raise the 
standard of living of their population, 
(b) to gradually eliminate restrictions on trade in goods, 
(c) to provide fair conditions of competition fo r trade between the Contracting Parties, 
(d) to contribute in this way, by removal of barriers to trade, to the harmonious 
development and expansion of world trade, 
(e) to enhance co-operation between the Contracting Parties, 
(f) to create conditions for further promotion of investments, particularly for the 
development of joint investment in both territories, 
(g) to promote trade and co-operation of the Contracting Parties on other markets. 
  WT/REG168/1 
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 CHAPTER I : INDUSTRIAL PRODUCTS 
 
Article 2 
 
Scope  
 
 The provisions of this Chapter shall apply to industrial products, originating in one of the Contracting Parties. For the purpose of this Agreement, the term “industrial products” means 
products, falling within Chapters 25 to 97 of Harmonized Commodity Description and Coding System 
with the exception of the products, listed in Annex I. 
 
Article 3 
 
Basic Duties
 
 
1. For the commercial exchange, covered by this  Agreement, the Customs Tariffs of the 
Republic of Albania shall be applied to the classi fication of goods, importe d in the Republic of 
Albania. The Customs Tariffs of Kosovo shall be applied to the classification of goods, imported in 
Kosovo. 
2. For each product the basic duty, to which successive reductions, set out in this Agreement, are 
to be applied, shall be the most-favored-nation dut y, applicable by the Contracting Parties on the day 
preceding the date of entering into force of this Agreement. 
3. If after this date, any tariff reduction is applied erga omnes , in particular, reductions, resulting 
from the tariff agreements under the Uruguay Round of the GATT 1994 and the Marrakesh Agreement Establishing the WTO, the reduced duti es shall replace the basic duties under Paragraph 2 
from the date of application of the reduction.  
4. The reduced duties, calculated in accordan ce with Paragraph 2, in accordance with 
arithmetical rules shall be rounded on first deci mal number for the goods imported in Kosovo and 
without decimal numbers for the goods imported in Albania.  
5. The Contracting Parties shall mutually ex change information on their basic duties. 
Article 4 
 
Customs Duties On Imports And Charges Having Equivalent Effect
 
 1. No new customs duties on imports or charges ha ving equivalent effect shall be introduced, 
nor shall those already applied be increased in trad e between the Contracting Parties from the date of 
entry into force of this Agreement. 
2. Customs duties on imports, applied in the Repub lic of Albania on products, originating in 
Kosovo, specified in Annex II, shall be progressive ly reduced and abolished in accordance with the 
timetable, provided in this Annex. 
3. Customs duties on imports, applied in Kosovo on products, originating in the Republic of 
Albania, specified in Annex III, shall be progressive ly reduced and abolished in accordance with the 
timetable, provided in this Annex. WT/REG168/1 
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 4. Customs duties on imports, applicable in the Republ ic of Albania to products originating in 
Kosovo, which are not listed in Annex II, shall be a bolished on the date of entry into force of this 
Agreement. 
5. Customs duties on imports, applicable in Kosovo  to products originating in the Republic of 
Albania, which are not listed in Annex III, shall be a bolished on the date of entry into force of this 
Agreement. 
Article 5 
 
Fiscal Duties
 
 
 The provisions of Article 4 shall also apply to customs duties of a fiscal nature. 
 
Article 6 
 
Customs Duties On Exports And Charges Having Equivalent Effect  
 
1. No new customs duties on exports or charges, ha ving equivalent effect, shall be introduced in 
trade between the Contracting Parties as from the date  of the entry into force of this Agreement. 
2. All customs duties on export and charges having equivalent effect shall be abolished on the 
date of the entry into force of this Agreement. 
Article 7 
 
Quantitative Restrictions On Exports And Imports And Measures Having Equivalent Effect  
 1. No new quantitative restrictions on exports and imports or measures having equivalent effect, 
shall be introduced in the trade between the Contrac ting Parties from the date of entry into force of 
this Agreement. 
2. All quantitative restrictions on exports and impor ts in the Contracting Parties and measures, 
having equivalent effect, shall be abolished on the date of entry into force of this Agreement. 
Article 8 
 
Technical Barriers To Trade
 
 
1. The rights and obligations of the Contracting Parties, relating to standards or technical 
regulations and the respective measures, shall be governed by the WTO Agreement on Technical 
Barriers to Trade. 
2. The Contracting Parties shall cooperate a nd exchange information in the field of 
standardization, metrology, conformity assessment and accreditation, with the aim of eliminating 
technical barriers to trade. 
3. Each Contacting party, upon a request from the other Contracting Party, shall submit 
information on particular individual cases of standards, technical rules or similar measures. 
  WT/REG168/1 
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 CHAPTER II : AGRICULTURAL PRODUCTS 
 
Article 9 
 
Scope  
 
 The provisions of this Chapter shall apply to agricultural products, falling within Chapters 1 
to 24 of the Harmonized Commodity Description a nd Coding System, including the products, listed in 
Annex I to this Agreement, originatin g in one of the Contracting Parties. 
 
Article 10 
 
Exchange Of Concessions  
 1. The Contracting Parties declare their readiness to foster, as far as their agricultural policies 
allow, the harmonious development of trade in agricultural products, and to discuss this issue 
periodically within the Joint Committee.  
2. In pursuance of this objective, the Contracting Parties grant each other the concessions 
specified in Protocol A, providing for measures to  facilitate trade in agricultural products, in 
accordance with the provisions of this Chapte r and those, laid dow n in this Protocol. 
3. Taking into account: 
 - the role of agriculture in their economies, 
  - the development of trade in agricultura l products between the Contracting Parties, 
  - the particular sensitivity of the agricultural products, 
 
 - the rules of their agricultural policies,   - the consequences of the multilateral tr ade negotiations under the GATT and the 
WTO, 
 
the Contracting Parties shall examine the possib ilities of granting each other further concessions in 
trade in agricultural products.  
Article 11 
 
Concessions And Agricultural Policies
 
 1. Without prejudice to the concessions, granted under Article 10, the provisions of this Chapter 
shall not restrict in any way the pursuance of th e respective agricultural policies of the Contracting 
Parties or the application of any measures under su ch policies, including the implementation of the 
provision of the respective agreements negotiated under the auspices of the Agreement establishing 
WTO. 
2. The Contracting Parties shall notify to the Joint Committee changes in their respective 
agricultural policies pursued or measures applied, which may affect the conditions of agricultural 
trade among them, as provided for in this Agreement.  Upon request of a Contracting Party, prompt 
consultations within the Joint Committee sh all be held to examine the situation. WT/REG168/1 
Page 6  
 
 Article 12 
 
Specific Safeguards
 
  Notwithstanding other provisions of this Agreem ent and, in particular, Article 17 to this 
Agreement, and given the particular sensitivity of  the agricultural products, if imports of products, 
originating in a Contracting Party, which are subj ect to concessions, granted under this Agreement, 
cause serious disturbances to the markets of the other Contracting Party, the Party concerned shall immediately enter into consultations to find an appropriate solution. Pending such solution, the 
Contracting Party concerned may take measures it seems necessary.  
 
Article 13 
 
Sanitary And Phytosanitary Measures
 
 
1. The Contracting Parties shall apply their domestic  regulations in the fields of veterinary, 
sanitary and phytosanitary control in a way, corresponding to the WTO Agreement on Sanitary and Phytosanitary Measures. 
2. Measures, concerning veterinary and phytosanita ry control among the Contracting Parties, 
shall be harmonized on the basis of the EU legislation. 
3. The Contracting Parties commit themselves not to introduce discriminatory measures or other 
measures, which lead to unduly restricting the flow of information about the level of sanitary and 
phytosanitary protection, animals, plants and products.  
 
CHAPTER III : GENERAL PROVISIONS  
 
Article 14 
 
Internal Taxation
 
 1. The Contracting Parties shall refrain from any m easures or practices of internal fiscal nature 
establishing, whether directly or indirectly, discrim ination between the products, originating in the 
Contracting Parties. 
2. Products exported to one of the Contracting Parties, may not benefit from repayment of 
internal indirect taxation in excess of the amount of indirect taxation imposed on them. 
Article 15 
 
Structural Adjustment
 
 1. Exceptional measures of limited duration, deroga ting from the provisions of Article 4 to this 
Agreement, may be taken by any of the Contracting Parties in the form of increased customs duties. 
2. These measures may only concern infant i ndustries, or certain sectors undergoing 
restructuring or facing serious difficulties, particularly where these difficulties produce important 
social problems. 
3. Customs duties on imports, applicable in th e Contracting Party concerned to products, 
originating in the other Party, introd uced by these measure s may not exceed 25% ad valorem  and  WT/REG168/1 
 Page 7 
 
 
 shall maintain an element of preference for products, originating in the other Party. The total value of 
imports of the product, subject to these measures, may not exceed 15% of total imports of industrial 
products from the other Contracting Party, as defined in Article 2, during the last year for which 
statistical data is available. 
4. The Contracting Party concerned shall info rm the Joint Committee of any exceptional 
measures it intends to take and, upon request of the other Party, consu ltations shall be held within the 
Joint Committee on such measures and the sectors to which they apply, before they are applied. When 
taking such measures, the Party concerned shall pr ovide the Joint Committee with a schedule for the 
elimination of the customs duties, introduced unde r this Article. This schedule shall provide for a 
phasing out of these duties, starting at the latest tw o years after their introduction, at equal annual 
rates. The Joint Committee may d ecide upon a different schedule. 
Article 16 
 
Anti-Dumping And Countervailing Measures  
 
 Nothing in this Agreement shall prejudice or affe ct in any way the taking, by either Party of 
anti-dumping and countervailing in accordance with Ar ticle VI of the GATT 1994, the Agreement on 
Implementation of Article VI of the GATT 1944 and the Agreement on Su bsides and Countervailing 
Measures under the conditions and in accordance with the procedure laid  down in Article 20 to this 
Agreement.  
Article 17 
 
General Safeguards
 
  Where a product is being imported into any of the Contracting Parties in such increased 
quantities and under such conditions as to cause or threaten to cause: 
 
(a) serious injuries to domestic producers of like or directly competitive products in the 
territory of the importing Party, or 
(b) serious disturbances to any related sector of the economy or difficulties which could 
bring about serious deterioration in the economic situation of a region,  
the Contracting Party concerned, may take a ppropriate measures under the conditions and in 
accordance with the procedure, laid down in Article 20 to this Agreement. 
 
Article 18 
 
Re-Export And Serious Shortage
 
 1. Where compliance with the provisions of Articles 6 and 7 leads to: 
(a) re-export towards a country or territory ag ainst which the exporting Contracting Party 
maintains for the product concerned quantita tive export restrictions, export duties or 
measures or charges having equivalent effect; or 
(b) a serious shortage, or threat thereof,  of a product essential to the exporting 
Contracting Party; WT/REG168/1 
Page 8  
 
 and where the situations referred to above give rise or are likely to give rise, to major difficulties for 
the exporting Party, that Contracting Party may ta ke appropriate measures unde r the conditions and in 
accordance with the procedures, laid down  in Article 20 to this Agreement. 
 2. Measures, taken as a result of the situation referre d to in paragraph 1, shall be applied in a 
non-discriminatory manner and be eliminated when conditions no longer justify their maintenance. 
Article 19 
 
Public Monopolies
 
 
1. The Contracting Parties shall adjust progressively any public monopoly of a commercial 
character so as to ensure that no discrimina tion regarding the conditio ns under which goods are 
procured and marketed exists between subjects of the Contracting Parties. 
2. The Joint Committee shall be informed about the measures adopted to implement this 
objective. 
Article 20 
 
Procedure For The Application Of Safeguard Measures  
 1. Before initiating the procedure for the applica tion of safeguard measures, set out in the 
following paragraphs of the present Article, the C ontracting Parties shall endeavor to solve any 
differences between them through direct consultations. 
2. If a Contracting Party subjects imports of products, liable to give rise to the situation, referred 
to in Article 17 to this Agreement, to an administ rative procedure, the purpose of which is the rapid 
provision of information on the trend of trade flows, it shall inform the other Party. 
3. Without prejudice to paragraph 7 of the present Ar ticle, a Contracting Party, which considers 
resorting to safeguard measures, shall promptly notif y the other Party thereof and supply all relevant 
information. Consultations between the Contracting Parties shall take place without delay in the Joint 
Committee with a view to finding  a mutually acceptable solution. 
4. (a) As regards Articles 16, 17 and 18 to th is Agreement, the Joint Committee shall 
examine the case of the situation and may take any decision needed to put an end to the difficulties notified by the Party concer ned. In the case of the absence of such 
decision within thirty days of the matter being referred to the Joint Committee, the 
Contracting Party concerned may adopt the measures necessary in order to remedy the situation, 
(b) As regards Article 30 to this Agreement, the Contracting Party concerned may take 
appropriate measures after the consultations have been concluded or after a period of 
three months has elapsed from the date of the first notification to the other Party, 
(c) As regards Article 25 to this Agreement, the Contracting Party concerned shall give 
the Joint  Committee all the assistance requi red in order to examine the case and, 
where appropriate, eliminate the practice objected to. If the other Contracting Party fails to put an end to the practice objected to within the period fixed by the Joint 
Committee, or if the Joint Committee fails to reach an agreement within thirty 
working days on the matter, being referre d to it, the Party concerned may adopt  WT/REG168/1 
 Page 9 
 
 
 appropriate measures to deal with the difficulties, resulting from the practice in 
question. 
5. The safeguard measures taken shall be notifie d immediately to the Joint Committee. They 
shall be limited, with regard to their extent and to their duration, to what is strictly necessary to 
remedy the situation, giving rise to their applicati on and shall not be in excess of the injury, caused by 
the practice or the difficulty in question. Priority sh all be given to measures that will least disturb the 
functioning of this Agreement. 
6. The safeguard measures taken shall be an object  of periodic consultations within the Joint 
Committee with a view to their relaxation or a bolition when conditions no longer justify their 
maintenance. 
7. Where exceptional circumstances, requiring immediate action, make prior examination 
impossible, the Contracting Party concerned may, in the cases of Articles 16, 17 and 18 to this Agreement, apply forthwith the provisional measures,  strictly necessary to remedy the situation. The 
measures shall be notified without delay and consultations between th e Contracting Parties shall take 
place as soon as possible in the Joint Committee. 
Article 21 
 
General Exceptions
 
  This Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in 
transit, justified on grounds of public morality, pu blic policy or public security, the protection of 
health and life of humans, animals or plants a nd environment; the protection of domestic treasures 
possessing artistic, historic or archeological value; the protection of intellectual property or rules, 
relating to gold or silver or the conservation of exhaustible natural resources, if such measures are 
made effective in conjunction with restricti ons on domestic production or consumption. Such 
prohibitions or restrictions shall not, however, c onstitute a means of arbitrary discrimination or a 
disguised restriction on trade between the Contracting Parties. 
 
Article 22 
 
Security Exceptions
 
 
 Nothing in this Agreement shall prevent a C ontracting Party from taking any measures, which 
it considers necessary:  
(a) to prevent the disclosure of information c ontrary to its essential security interests; 
(b) for the protection of its essential security interests or for the implementation of 
international obligations or domestic policies: 
(i) relating to the traffic in arms, ammun ition and implements of war, provided 
that such measures do not impair the c onditions of competition in respect of 
products not intended for specifically military purposes, and to such traffic in other goods, materials and services as is carried on directly or indirectly for 
the purpose of supplying a military establishment; or 
(ii) relating to the non-proliferation of biological and chemical weapons, nuclear 
weapons or other nuclear explosive devices; or WT/REG168/1 
Page 10  
 
 (iii) taken in time of war or other serious in ternational tension, constituting threat 
of war. 
Article 23 
 
Rules Of Origin And Co-Operation Between Customs Administrations
 
 
1. Protocol B of this Agreement lays down th e rules of origin and related methods of 
administrative co-operation. 
2. The Contracting Parties shall take appropriate measures, including regular reviews in the Joint 
Committee and arrangements for administrative co-operati on, to ensure that the provisions of Protocol 
B and Articles 3 to 7, 11, 14 and 15 to this Agreem ent are effectively and harmoniously applied, and 
to reduce, as far as possible, the formalities, impo sed on trade, and to achieve mutually satisfactory 
solutions to any difficulties, arising from the operation of those provisions. 
Article 24 
 
Payments  
 1. Payments in freely convertible currencies rela ting to trade in goods between the Contracting 
Parties and the transfer of such payments to the te rritory of the Contracting Party, where the creditor 
resides, shall be free from any restrictions. 
2. The Contracting Parties shall refrain from exch ange or administrative restrictions on the 
grant, repayment and acceptance of short and medium term credits related to trade in goods in which a 
resident of a Contracting Party participates. 
3. Notwithstanding the provisions of paragraph 2, any measures concerning current payments 
connected with the movement of goods shall be in  conformity with the conditions laid down under 
Article VIII to the Agreement of the International Monetary Fund. 
Article 25 
 
Rules Of Competition Concerning Undertakings
 
 1. The following are incompatible with the proper functioning of this Agreement in so far as 
they may affect trade between the Contracting Parties: 
(a) all agreements between undertakings, decisi ons by associations of undertakings and 
concerted practices between undertakings which have as their object or effect the 
prevention, restriction or distortion of competition; 
(b) abuse by one or more undertakings of a dominant position in the territories of the 
Contracting Parties as a whole or in a substantial part thereof. 
2. The provisions of paragraph 1 (a) and (b) shall apply to the activities of all undertakings 
including public undertakings and undertakings to which the Contracting Parties grant special or exclusive rights. Undertakings entrusted with the op eration of services of general economic interest or 
having the character of a revenue-producing monopoly, shall be subject to provisions of paragraph 1 
(a) and (b) insofar as the application of these provi sions does not obstruct the performance, in law or 
in fact, of the particular public tasks assigned to them.    WT/REG168/1 
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 3. With regard to products referred to in Chapter II the provisions stipulated in paragraph 1 (a) 
shall not apply to such agreements , decisions and practices which form an integral part of a domestic 
market organization. 
4. If a Contracting Party considers that a given pr actice is incompatible with paragraphs 1 (a) 
and (b) and paragraph 2 of this Article and if such practice causes or threatens to cause serious 
prejudice to the interest of that Contracting Party or material injury to its domestic industry, the 
Contracting Party concerned may take appropria te measures under the conditions and in accordance 
with the procedure laid down in  Article 30 of this Agreement. 
  Article 26  
 
Public Aid  
 
1. Any aid granted by a Contracting Party or thr ough public resources in any form whatsoever 
which distorts or threatens to distort competition by  favoring certain undertaki ngs or the production of 
certain goods shall, in so far as it may affect trade between the Contracting Parties, be incompatible 
with the proper functioning of this Agreement. 
2. The provisions of paragraph 1 shall not apply to products covered by Chapter II of this 
Agreement. 
3. The Contracting Parties shall ensure tran sparency in the area of public aid, inter alia , by 
reporting annually to the Joint Committee on the total amount and the distribution of the aid given and by providing to the other Contracting Party, upon request, information on aid schemes and on 
particular individual cases of public aid. 
4. The Joint Committee shall, within  three years from the entry into force of this Agreement, 
adopt the criteria on the basis of which the practic es derogating from paragra ph 1 shall be assessed, as 
well as the rules for their implementation. 
5. If a Contracting Party considers that a particul ar practice , including that in agriculture: 
 - is incompatible with th e terms of paragraph 1, and 
  - causes or threatens to cause serious prejudi ce to the interest of that Contracting Party 
or material injury to its domestic industry or agriculture, 
 it may take appropriate measures under the conditions  of and in accordance with the provisions laid 
down in Article 30 of this Agreement.  
  Such appropriate measures may only be taken in conformity with the procedures and under 
the conditions laid down by the Agreement on Subsidies and Countervailing Measures, the GATT 
1994 and WTO and any other relevant instrume nt negotiated under their auspices, which are 
applicable between the Contracting Parties. 
 
Article 27 
 
Balance Of Payments Difficulties
 
 
1. The Contracting Parties shall endeavor to avoid the imposition of restrictive measures 
including measures relating to imports for balance of payments purposes. WT/REG168/1 
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 2. Where one of the Contracting Parties is in ser ious balance of payments difficulties, or under 
imminent threat thereof, the Party concerned may, in accordance with the conditions, established 
under the GATT 1994 and Article VIII of the Articles of Agreement of the International Monetary 
Fund, adopt restrictive measures, including measur es related to imports, which shall be of limited 
duration and may not go beyond what is necessary to  remedy the balance of payments situation. The 
measures shall be progressively relaxed as balance of  payments conditions improve and they shall be 
eliminated when conditions no longer justify thei r maintenance. The Contracting Party concerned 
shall inform the other Party forthwith of their in troduction and, whenever practicable, of a time 
schedule for their removal. 
Article 28 
 
Intellectual Property Rights
 
 
1. The Contracting Parties shall grant and ensu re adequate and effective protection of 
intellectual property rights on a non-discriminatory b asis, including effective measures for enforcing 
such rights against infringements and particularly  against counterfeiting and piracy. The Contacting 
Parties agree to comply with the substantive standa rds of the multilateral agreements listed in     
Annex IV. 
2. For the purpose of this Agreement the term "i ntellectual property" includes in particular 
copyright including the copyright on computer progr ams and neighboring rights, patents, trademarks, 
industrial designs, geographical indications, top ographies of integrated circuits, undisclosed 
information including know how. 
3. In fulfillment of their commitments under interna tional agreements and legislation in the field 
of intellectual property rights, the Contracting Partie s to this Agreement shall not grant to subjects of 
the other Party treatment less favorable than that accorded to other subjects under similar international 
agreements. 
4. The Contracting Parties shall co-operate in matte rs of intellectual property. Upon request of a 
Contracting Party, they shall hold expert consu ltations on these matters, in  particular on activities 
relating to the existing or to future interna tional conventions concerning the harmonization, 
administration and enforcement of intellectua l property and on activities in international 
organizations, such as the WTO, World Intellectua l Property Organization, as well as on the relations 
of the Contracting Parties with any country or territory on intellectual property matters. 
5. The implementation of this Article shall be regularly assessed by the Contracting Parties. 
Upon difficulties in trade in relation with the rights of intellectual property, any of the Contracting Parties may request urgent consultations for finding mutually satisfactory solution. 
Article 29 
 
Public Procurement
 
 1. The Contracting Parties consider the liberalization of their respective public procurement 
markets as an objective of this Agreement. The Parties aim at opening up of the award of public contracts on the basis of non-discrimination and reciprocity. 
2. The Contracting Parties will progressively deve lop their respective rules, conditions and 
practices on public procurement with a view to gr anting suppliers of the other Contracting Party 
access to contract award procedures on their respect ive public procurement markets not less favorable 
than that accorded to companies of any country or territory.   WT/REG168/1 
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 3. The Joint Committee shall examine developments related to the achievement of the objectives 
of this Article and may recommend practical modalit ies of implementing the provisions of paragraph 
2 so as to ensure free access, transparency and mu tual opening of their respective public procurement 
markets. 
4. During the examination referred to in this pa ragraph 3, the Joint Committee may consider, 
especially in the light of international developments  and regulations in this area, the possibility of 
extending the coverage and/or the degree of the market opening provided for in paragraph 1. 
5. The Contracting Parties shall endeavor to acced e to the relevant Agreements negotiated under 
the auspices of the GATT 1994 and the Marra kesh Agreement, establishing the WTO. 
 
CHAPTER IV :  INSTITUTIONAL AND FINAL PROVISIONS 
 
Article 30 
 
The Joint Committee  
 
1. A Joint Committee is hereby established in which each Contracting Party shall be 
represented. The Committee will be headed by two Co-Chairmen. The Co-Chairman from each side 
will be the Minister responsible for trade. The Jo int Committee will consist of five members for each 
Contracting Party. 
2. The Joint Committee shall be responsible for th e administration of this Agreement and shall 
ensure its proper implementation. 
3. For the purpose of the proper implementation of this Agreement, the Contracting Parties shall 
exchange information and, upon request of any Pa rty, shall hold consultations within the Joint 
Committee. The Committee shall keep under review th e possibility of further removal of the obstacles 
to trade between the Contracting Parties. 
4. The Joint Committee may, in acco rdance with the provisions of paragraph 3 of Article 30, 
take decisions in the cases provided for in this Agreement. On other matters the Committee may make 
recommendations. 
Article 31 
 
Procedures Of The Joint Committee  
 
1. For the proper implementation of this Agreemen t, the Joint Committee shall meet whenever 
necessary, but at least once a year. Either Party may request a meeting to be held. 
2. The Joint Committee shall act by common agreement. 
3. If a representative of a Contracting Part y in the Joint Committee has accepted under 
reservation, a decision subject to the fulfillment of in ternal legal requirements, the decision shall enter 
into force, if no later date is contained therein, on the date of the receipt of the written notification 
about the fulfillment of such requirements. 
4. The Joint Committee shall adopt its rules of procedure, which shall, inter alia , contain 
provisions for convening meetings and for the desi gnation of the Chairperson and his/her term of 
office. WT/REG168/1 
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 5. The Joint Committee may decide to set up such sub-committees and working parties, as it 
deems necessary to assist it in accomplishing its tasks. 
Article 32 
 
Customs Unions, Free Trade Areas And Frontier Trade
 
 
1. This Agreement shall not prevent the mainte nance or establishment of customs unions, free 
trade areas or frontier trade arrangements to the ex tent that these do not negatively affect the trade 
regime of the Contracting Parties and in particular  the provisions, concerning rules of origin, provided 
for in this Agreement. 
2. Upon request the Contracting Parties shall info rm each other of any agreement, establishing 
customs union or free trade areas. 
Article 33 
 
Services And Investment  
 
1. The Contracting Parties recognize the growing importance of certain areas, such as services 
and investments. In their efforts to gradually devel op and broaden their co-operation, in particular in 
the context of the European integra tion, they will co-ope rate with the aim of achieving a progressive 
liberalization and mutual opening of their markets for investments and trade in services, taking into 
account relevant provisions of the General Agreement on Trade in Services. 
2. The Contracting Parties will discuss in the Join t Committee this co-operation with the aim of 
developing and deepening of their re lations governed in this Article.  
Article 34 
 
Fulfillment Of Obligations  
 
1. The Contracting Parties shall take all necessar y measures to ensure the achievement of the 
objectives and the fulfillment of the ob ligations under this Agreement. 
2. If any Contracting Party considers that the othe r Party has failed to fulfill an obligation under 
this Agreement, the Party concerned may take th e appropriate measures under the conditions and in 
accordance with the procedures laid down in  Article 20 to this Agreement.  
Article 35 
 
Evolutionary Clause  
  Where a Contracting Party considers that it would be useful in the interest of the economies 
of the Contracting Parties to develop and deepen  the relations established by this Agreement by 
extending them to fields not covered thereby, it sha ll submit a reasoned request to the other Party. The 
Contracting Parties may instruct the Joint Committee  to examine this request and, where appropriate, 
to make recommendations to them, particul arly with a view to opening negotiations. 
  WT/REG168/1 
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 Article 36 
 
Amendments  
  Amendments to this Agreement other than those decided upon in accordance with paragraph 
3 of Article 30 to this Agreemen t, and which are approved by the Joint Committee, shall enter into 
force on the date of a receipt of the formal not e, confirming that all procedures required by the 
domestic legislation of each Contracting Party for entry into force of the amendments have been 
completed.   
Article 37 
 
Protocols And Annexes
 
  Records of Understanding, Annexes and Protocols to  this Agreement are an integral part of it. 
The Joint Committee may decide to amend the Re cords of Understanding, Annexes and Protocols 
subject to the internal legal procedures of the Contracting Parties.  
Article 38 
 
Validity And Withdrawal
 
 
1. The Agreement is concluded for an unlimited period. 
2. Each Contracting Party to this Agreement ma y withdraw therefrom, by means of a written 
notification to the other Party. The termination sha ll take effect on the first day of the seventh month 
following the date on which the notifica tion was received by the other Party. 
3. The Contracting Parties agree, that in case of accession of one of the Parties to this 
Agreement to the European Union, the Agreement will  be terminated on the day before the date of the 
accession to the EU, without successive compensa tions for the other Contracting Party. 
Article 39 
 
Entry Into Force  
 
 This Agreement is subject to ratification. It enters into force on the first date of the second 
month following the date of receiving of the second of the notes, with which the Contracting Parties 
notify each other through appropr iate channels that they have ratified the Agreement. 
 
 
 IN WITNESS WHEREOF the undersigned plenipot entiaries, being duly authorized thereto, 
have signed the present Agreement.   DONE in duplicate at Pristina this 7 day of  july 2003 in Albanian, English and Serbian 
language, each of these being equally authentic. In case of divergence the English text shall prevail. 
 
 
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