RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/SPEC/ALB/6/Rev.4 
20 June 2000 
 (00-2496) 
Working Party on the  
Accession of Albania  
 
 
DRAFT REPORT OF THE WORKING PARTY  
ON THE ACCESSION OF ALBANIA 
 
Revision  
 
Introduction 
 
1. In November 1992, the Government of Al bania requested acces sion to the General 
Agreement on Tariffs and Trade (GATT 1947). At the 48th Session in December 1992, the GATT 
1947 CONTRACTING PARTIES established a Working Party to examine the application of the 
Government of Albania to accede to the General Agreement under Article XXXIII, and to submit to 
the Council recommendations which may include a draf t Protocol of Accession.  Membership of the 
Working Party was open to all contracting parties indi cating the wish to serve on it.  Having regard to 
the Decision adopted by the General Counc il on 31 January 1995, the GATT 1947 Accession 
Working Party was transformed into a WTO Accessi on Working Party.  The terms of reference and 
the membership of the Working Party are reproduced in document WT/ACC/ALB/5/Rev.2. 
 
2. The Working Party met on 29-30 April, 27 January 1999, 30 April 1999; 9 July 1999, 
30 July 1999, 17 September 1999 and 6 October 1999 and on 3 July 2000 under the Chairmanship of Mr. A. Pinto de Lemos (Portugal).  
3. The Working Party had before it, to serve as a basis for its discussions, a Memorandum on the 
Foreign Trade Regime of Albania, the questions s ubmitted by Members on the foreign trade regime of 
Albania, together with the replies thereto, and other information provided by the authorities  (WT/ACC/ALB3/4/8; WT/ACC/ALB/23; WT /ACC/ALB/25; WT/ACC/ALB/26 to  
WT/ACC/ALB/42), including the following legislative texts:  
1. Law No. 8417 dated 21 October 1998 "For  the Approving of the Constitution 
of Albania"; 
  WT/ACC/SPEC/ALB/6/Rev.4 
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 2. Law No. 8449  dated  27 January 1999 "On Custom Code of the Republic of Albania"; 
3. Decision No. 205  dated  13 April 1999 of the Council of Ministers (COM), "Implementing 
Provisions of the Custom Code"; 
4. Decision of the COM No. 516  dated  14 October 1999 “For some Changes on the 
Implementing Provisions of the Custom Code, Decision of the COM, No. 205  dated  
13 April 1999”,  
5. Decision of the COM, No. 435  dated  9 September 1999 “For Approving the Rules of Origin 
Agreement of the WTO”, 
6. Law No. 8464 dated 11 March 1999 "On Standardisation"; 
7. Decision No. 242 dated 28 May 1999 of the COM "For the Approval of the Code of Good 
Practice for Adoption, Approval and Application of Standards"; 
8. Decision of the COM, No. 372 dated 04 August 1999 "For the Preparation, Adoption and 
Application of Technical Regulation and the procedures for assessment of Conformity for 
Standards and Technical Regulation"; 
9. Decision of the COM, No. 371 dated 04 August 199 9 "For the Exchange of Information for 
Standards and Technical Regulation"; 
10. Decision of the COM, No. 323 dated 8 July 1999 "For the Criteria and Competencies in the 
Field of Standardization, Certification and Accreditation"; 
11. Decision of the COM, No. 472 dated 6 October 1999 on “The Approving of the Sanitary and 
Phyto Sanitary Measures Agreement of WTO”,  
12. Law No. 8466 dated 24 March 1999 “On Anti-dumping”; 
13. Law No. 7819 dated 27 April 1994 "For Industrial Property"; 
14. Law No. 8477 dated 22 April 1999 “On some Changes and Supplements on the law No. 7819 
dated 27 April 1994, For Industrial Property”; 
15. Law No. 8488 dated 13 May 1999 “On the Protection of Topographies of Integrated 
Circuits”; 
16. Law No. 7564 dated 19 May 1992 "On Copyright"; 
17. Law No. 7923 dated 19 April 1995 "On some Changes in the law No. 7564 dated 
19 May 1992, "On Copy right"; 
18. Law No. 8594 dated 6 April 2000 “On Some Changes to the Law on Copyright, No. 7564 
dated 19 May 1992, changed with the Law No. 7923 dated 19 April 1995”;  
19. Law No. 8517 dated 22 July 1999 "On th e Protection of the Personal Data"; 
20. Law No. 8503 dated 30 June 1999 "On the Ri ght of Information over the Official 
Documents"; 
21. Law "On Custom Tariffs", is changed by the new law "On Custom Ta riff Nomenclature", 
No. 8477 dated 14 April 1999; 
22. Law No. 7609 dated January 1993 "On Priori ty Tourism Development Zones" and the 
amendments; 
23. Law No. 8083 dated November 1995 "For the Telecommunications" and the amendments; 
24. Law No. 8288 dated 18 February 1998 "On the Telecommunications Regulatory Body"; 
25. Law “On Telecommunications” dated 14 June 2000. 
26. Law No. 8084 dated 7 December 1995 "On Competition"; 
27. Law No. 8308 dated 18 March 1998 "For Road Transports"; 
28. Law No. 8081 dated 7 March 1996 "On Insu rance and Re-insurance Companies"; 
29. Law No. 8606 dated 27 April 2000 “On Some Changes on the Law on Insurance and Re-
Insurance Companies, No. 8081 dated 07 March 1996” 
30. Law "On Excise Taxes" (Law No. 7678) and amended by the law "On Excise Tax in the 
Republic of Albania", No. 8437 dated 28 December 1998. 
31. Law No. 8437 dated 28 December 1998 "On Excise Tax in the Republic of Albania"; 
32. Law No. 8507 dated 7 July 1999 “On Some Change s in the Law on Excise Tax in the republic 
of Albania, No. 8437 dated 28 December 1998”  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 3 
 
 
 33. Law No. 8445 dated 21 January 1999 "On Value Added Tax"; 
34. Law No. 8269 dated December 1997 "On the Bank of Albania"; 
35. Law No. 8365 dated 2 July 1998 "Banki ng Law of the Republic of Albania"; 
36. Strategy on Privatization, March 1998; 
37. Law "On Privatization", March 1998; 
38. Law No. 8306 dated 14 March 1998 "On Privati zation Strategy of Primary Importance 
Sectors"; 
39. Law No. 8334 dated 23 April 1998 "On the Priv atization of Commercial Enterprises which 
Function in Non-Strategic Sectors"; 
40. "Privatization Strategy of State Owned Companies in Primary Importance Sectors"; 
41. Report on Maritime Legislation; 
42. Law No. 8080 dated 7 March 1995 "On Securities"; 
43. Law "On Protection of Topographies of Integrated Circuits"; 
44. Law No. 7980 dated 27 July 1995 "O n Sales and Purchase of Sites"; 
45. Law No. 7908 dated 5 April 1995 "On Fishery and Aquaculture"; 
46. Law No. 7074 dated 23 February 1993 "On Ve terinary Service and Inspectorate"; 
47. Law No. 8312 dated 26 March 1998 "On U ndistributed Agricultural Lands"; 
48. Law No. 8318 dated 1 April 1998 "On Leasing Ag ricultural Land, Forest  Land, Meadows and 
Pastures which are State Property"; 
49. Law No. 8337 dated 30 April 1998 "On the Transf er of Ownership of Agricultural Land, 
Meadows, Pastures and Forest"; 
50. Law No. 7827 dated 31 May 1994, changed by  the Law No. 8428 dated 14 December 1998 
"For the Legal Profession in the Republic of Albania"; 
51. Law No. 7829 dated 1 July 1994 "On Notary"; 
52. Law No. 8578 dated 10 Febr uary 2000 “On Theatres” 
53. Law No. 8576 dated 3 February 2000 “On Libraries” 
54. Law No. 7810 dated 6 April 1994 "Of Higher E ducation in the Republic of Albania"; is 
abrogated by the new Law No. 8461 dated 25 February 1999 “On Higher Education In the 
Republic of Albania”  
55. Law No. 8492 dated 27 May 1999 "On the Fore igners in the Republic of Albania"; 
56. Law No. 7971 dated 26 July 1995 "On Public Procurement"; 
57. Law No. 8301 dated 12 March 1998 "On some Ch anges in the Law 7971 dated 26 July 1995 
"On Public Procurement""; 
58. Law No. 8112 dated 28 March 1996 "On some Changes in the Law 7971 of 26 July 1995 "On 
Public Procurement" Amended w ith Law 8074 of 22 February 1996"; 
59. Decision No. 12 dated 1 January 1996 of the CO M "On the Rules of Public Procurement"; 
60. Decision of the COM “On Some Changes in th e Decision of the COM, On Rules on Public 
Procurement, No. 12 dated 1 January 1996”. Th is Decision expected by end of 2000 will 
approve the following documents:  
61. Documents "On General Conditions of Contract"; 
62. Documents "On Procurement of Work"; 
63. Documents COM "On Request for Quotations of Goods"; 
64. Documents "On Invitation to quote for Small Works"; 
65. Documents "On Standards Bidding Docu ment for Procurement of Goods"; 
66. Documents COM "On Standards Bidding Documents Approved by the Decision of the COM 
No. 12 dated 1 January 1996". 
 
4. The representative of Albania said that member ship in the WTO was one of Albania's most 
important economic policy objectives.  From 1944–1992, Albania was the antithesis of a market economy.  Private ownership was completely forb idden and all economic activity was controlled by WT/ACC/SPEC/ALB/6/Rev.4 
Page 4  
 
 the State, without exception.  For much of this period, Albania's economic, political and cultural ties 
with the rest of the world were reduced to an absolute minimum.  Albania's case was unique in terms 
of the intensity of the economic centralization a nd isolation.  The present situation was strikingly 
different.  The Albanian Government had passed laws providing for private ownership, entrepreneurial activity, open competition, bankruptc y, foreign investment, protection of consumers, 
privatization of small, medium and large enterprises, and many other elements of a modern 
commercial legal regime.  The steady growth of domestic and foreign investment was a vote of 
confidence by the private sector in Albania's commerc ial law reforms.  The Albanian government had 
dramatically reduced its role in almost all fields  of economic activity. The public share of GDP was 
declining, the private sector's share stood at 80 per cent of GDP .  The trade share of GDP had 
increased: in 1998, the share was 20 per cent.  The pr ivate sector accounted for 78 per cent of exports 
and 82 per cent of imports.  Appr oximately 76 per cent of Albania's workforce was engaged in private 
business.  Price controls had been completely e liminated on goods, although a price reference scheme 
existed for pharmaceuticals.  A limited price contro l system existed of services, a full and complete 
listing of which was provided to members of th e Working Party in document WT/ACC/ALB/25.  
Albania's national currency, the Lek, was internal ly convertible and had be en floating freely since 
1992.  The relative stability of the Lek was one sign, among others, that Albania's efforts to exercise 
fiscal and monetary control, and more generally  to ensure macro-economic stability, had been 
successful.  Albania had turned its back on isolatio nism and pursued a program to strengthen its ties 
with the rest of the world, concluding bilatera l economic, trade and industr ial agreements with 30 
countries and 15 other agreements were under ne gotiations.  Albania was a member of the 
International Monetary Fund, the World Bank,  the European Bank for Reconstruction and 
Development, the Black Sea Economic Initiative and th e Organization of Islamic States.  Albania was 
working towards an Association Agreement with the European Union, and, me mbership in the World 
Trade Organization.  Over the past years, Albani a had vigorously pursued a program to establish a 
market economy and to become a full participant in  the international communi ty.  The areas of tax 
reform and privatization were the most importa nt problems of economic reform.  More than 
75 per cent of national wealth had been privatized including:  96 per cent of the agricultural land, 
100 per cent of the services, 100 per cent of agricultural mechanics, 100 per cent of road transport.  A 
great deal of progress had been made in a relatively short time, and the most important elements of a market-based economy had been established.    5. The representative of Albania said that trade libera lization had been one of the main pillars of 
economic stabilization and reform along with price liberalization, exchange liberalization, fiscal 
control, monetary restraint and rapid privatizati on of agricultural land and small enterprises.  The 
choice was made early in the reform process to pursue rapid trade liberalization rather than slow, step- WT/ACC/SPEC/ALB/6/Rev.4 
 Page 5 
 
 
 by-step liberalization.  This choice was partly di ctated by the severity of Albania's economic and 
social crisis at the time.  The collapse of Albani an production meant that Albania had to open its trade 
regime in order to ensure the supply of consumer  goods and other commodities needed to rebuild the 
economy.  The Government of Albania recognized  that an open trade regime made important 
contributions to Albania's economic and social well- being.  The representative of Albania highlighted 
the main characteristics of Albania's trade regime:  a simple import tariff structure comprised of only 
three ad valorem  tariff levels:  five, ten, and twenty per cent; no tariff peaks, only ad valorem  tariffs 
were applied, no  specific tariffs, no tariff rate quotas, and no combined duties; the maximum tariff 
was 20 per cent; 29 per cent of all tariff line items ha ve rates that were 20 per cent; 37 per cent of all 
items have rates that were 10 per cent, and 34 per cent of all tariff line items had rate offers that were 
5 per cent or less; no import surcharges; no quantitati ve restrictions on imports or exports, except to 
protect the environment or assist in infant industri es; no export subsidies; no restrictions on current 
transactions; no trade-related investment measures; no internal taxes or other charges that are higher 
for imports than for domestic products.  In addition,  the role of State foreign trading enterprises had 
been reduced dramatically. Despite recent dist urbances, macroeconomic developments had been 
broadly on track.  An episode of civil disorder, to gether with the situation in Kosovo, had reduced 
economic and investor confidence, but the government estimated that the momentum from earlier in the year would result in real GDP growth of 8 per cent for the year 1999, only slightly below the targeted 10 per cent and still implying a return of output to the level prevailing before the devastating 
crisis of spring 1997.  Also, it was forecasted th at Albania would have the same level of the GDP 
growth rate for the period 2000-2003. Other impor tant indicators showed that the macroeconomic 
stability program had been successful:  relatively stable  and low rates of inflation, 8.7 per cent in 1998 
and a forecast of 7 per cent for 1999; and during the year 2000 the inflation figure would be at 
2-4 per cent;  exchange rates were stable and ha d modestly strengthened the Lek vis-à-vis the US 
dollar with average exchange rates in 1997 at lek 1 51.5;  lek 149 in 1998, and lek 135.3 in 1999.  
Budget revenues had increased in 1998-1999 as a result of  tax collection.  In 1998 the tax revenue as a 
share of GDP had increased to 12.5 per cent; for th e first time current expenditures (not counting 
interest payments) were covered by revenues, during 1999 this figure was at 12.9 per cent and was 
forecasted to be at 15.3 per cent in 2000. The government was firmly committed to continue 
macroeconomic stabilization and structural reform.  6. In the expectation that the accession negotiations  would be finished e xpeditiously in 1999, 
permitting Albania to take part in the new series of multilateral trade negotiations, the representative 
of Albania submitted to the Working Party a Chart On Conformity of the New Albanian Legislation 
concerning the WTO and Status of Draft Legislation and Amendments in document 
WT/ACC/ALB/40/Rev.2.   WT/ACC/SPEC/ALB/6/Rev.4 
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7. In their opening remarks, members of the Work ing Party welcomed and supported the request 
from Albania to accede to the WTO.  In acknowledgi ng the huge impact in Albania of the difficult 
situation in the Balkans, where large populations had been uprooted, productive structures destroyed 
and employment possibilities curtailed by the lack of capital, technology, training and markets, some 
members emphasized that adherence to the multilatera l rule-based system would consolidate Albania's 
reforms and transitions towards a free market econo my system, enhance the universality of the WTO, 
and bring mutual benefits to Albania and Memb ers of the WTO.  Members expected Albania's 
accession to proceed expeditiously.  8. The Working Party reviewed the economic polici es and foreign trade regime of Albania and 
the possible terms of a draft Protocol of Accessi on to the WTO.  The views expressed by members of 
the Working Party on the various aspects of Albani a's foreign trade regime and on the terms and 
conditions of Albania's accession to the WTO ar e summarized below in paragraphs 9 to 166. 
 
ECONOMIC POLICIES 
 Monetary and Fiscal Policy 
 
9. In response to requests for information on th e government's economic policy objectives, the 
representative of Albania stated that the main object ive of the Bank of Albania was to achieve price 
stability and to maintain this stability over time.  The monetary policy of the Bank of Albania was elaborated to serve the achievement of price stab ility.  The proper monetary instruments were chosen 
for the same purpose.  The Bank of Albania was committed to following a course of prudential and 
relatively strict monetary policy, keeping the contro l over the growth of broad money.  The results of 
the monetary policy of the Bank of Albania we re measured through the realization of three 
quantitative monetary objectives, i.e: 
- maintaining a floor on net internati onal reserves of the Bank of Albania; 
- maintaining a ceiling on the net domestic assets of the Bank of Albania; and 
- maintaining a ceiling on the net credit of the banking system of the government. 
 
10. She added that to implement the monetary polic y, Bank of Albania used direct and indirect 
instruments.  The direct instruments were used to define the minimum level of interest rates for time 
deposits at the state-owned banks and the limit of credit for the economy.  The indirect instruments 
which were used to set the per centage rate for re financing and the rate of required reserves.  The 
Bank of Albania used the direct instruments more inte nsively than the indirect means.  In determining  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 7 
 
 
 the interest rate for deposits, the Bank of Albania accounted for the rate of growth in inflation to 
maintain stable real and positive inte rest rates to retain the public’s confidence in the banking system.  
The rate of growth in the money supply was a se cond instrument that was used to determine the 
interest rates.  11. She noted this was the framework of monetary policy that had been implemented in Albania 
since 1993 and it was foreseen to be implemented dur ing three other future years. The policy and 
monetary program were compiled in cooperation with the IMF (in the framework of ESAF 1 and 2 
Agreements).  In 1998, the Bank of Albania’s ma in objective for 1998 was realized, even better than 
it was forecasted.  The annual level of inflation w as 8.7 per cent compared with the 10 per cent level 
that was anticipated.  (During 1997, the rate of inflation was 42.1 per cent.) In 1999 this level was at 
7 per cent and during 2000 it would be 2-4 per cent.  The realization of the money supply objectives 
of the Bank of Albania was also at levels better th an those foreseen.  It was forecasted that money 
growth would be 23 per cent at the end of 1998; however, the growth in money was only 
20.7 per cent. In 1999 the growth in money supply was at the same level and it was forecasted to be at 
15.3 per cent during the first six m onths of 2000.  The net international reserve was US$ 5 million 
over the limit of the ceiling, providing a cover for th e demand for imports.  (It was foreseen that the 
level of reserves was to be 3.8 months of imports  compared with 4.7 months of imports).  Net 
domestic assets of the Bank of Albania and net cred it of the banking  system for the government were 
realized at less than the ceiling.  
 12. The representative of Albania noted that the monetary program for 1999 was compiled in 
such a manner to provide broad money growth in  accordance with the objectiv e of inflation, which 
was foreseen to be 7 per cent on an annual level.  The level of inflation for 1999 showed that in spite 
of the situation in the region the 7 per cent target was be realized.  Broad money growth was expected 
to be increased by about 15 per cent.   13. Concerning fiscal policy, since 1998, the Al banian Government had implemented its 
macroeconomic stabilization packag e.  The Government has used financial and economic measures 
respecting its fiscal targets, reducing the domestica lly financed deficit through the combination of 
measures focused on an increase in budget reve nue and tightening the increase of primary 
expenditures.  All the domestic fiscal efforts suppor t the monetary policy objectives, reducing the rate 
of inflation to 2-4 per cent in 2000, compare with 7 per cent in 1999, 8.7 per cent for 1998 and 
42 per cent in 1997.  This is because of a very larg e increase in private transf ers and the stabilization 
of the domestic currency.  The Government of Alba nia has guaranteed further fiscal consolidation to 
keep its growth in inflation in line with its prin ciple trading partners by 2001.  During the first 6 WT/ACC/SPEC/ALB/6/Rev.4 
Page 8  
 
 months of 1999, the government's fiscal deficit w as stable.  For the remainder of 1999, the fiscal 
deficit, financed from domestic sources, was reduced  to 5.1 per cent of GDP and 3 per cent of GDP 
by 2000, 1 per cent less than in 1998, and less th an half of the level in 1997. This reduction will 
support an increase of private sector credit and will facilitate an increase in domestic savings.  
 14. She noted that necessary measures to meet the deficit targets had been accomplished.  
Government revenue as a percentage of GDP had increased, primarily from tax revenue, as a result of 
the implementation of 10 per cent tax on earned interest income, receipts from excise taxes, the solidarity tax (a supplementary income tax to fina nce the additional expenditures for public order after 
the civil disorder of September 1998), tariff revenue s, and improvements in anti-smuggling measures 
at the border.  The general increase was at 0.6 pe r cent of GDP in 1999. From the expenditure side, 
there would be savings in all areas of budget expendi tures which serve as future sources to finance the 
increase in operation and maintenance expenditures and government investments as well.  To increase 
the expenditures in infrastructure, health, education,  etc. above the average levels and to reach fiscal 
consolidation, it was necessary to reduce tax rates a nd to broaden the tax base.  The growth rate in 
GDP was 8 per cent in 1999 and would be the same level in 2000.  The public sector contribution to 
GDP will be reduced through privatization and thro ugh the improvements due to efficiencies of the 
government's public administration program through  a reduction in the number of employees in the 
public sector and increase in the salaries of technically skilled staff in the public sector. Albania 
would  implement a well functioning market for ag ricultural land by maintaining the full productive 
capacity of the agricultural sector.  15. With regard to the foreign debt, Albania had ma intained its target.  At the end of 1998, the 
medium and long-term foreign debt, including the a rrears, was at 30 per cent of GDP.  In 1999, the 
service of foreign debt was about US$ 26 million, or 8.5 per cent of exports on goods and services and 
less than 1 per cent of GDP.  Albania has had very  positive results in the payments of arrears.  
Albania would  continue its efforts to improve its relations with foreign creditors.  Albania aimed to 
terminate the bilateral agreements with Russia and Italy for renegotiating the terms of its debt, and 
had begun the negotiations with other creditors to ma ke payments of arrears at least in line with 
competitive conditions with those of the Paris Club Convention.  Finally, Albania aimed to improve 
the control over foreign debt and foreign aid, a nd to improve measures to utilize the sources of aid 
funding.   WT/ACC/SPEC/ALB/6/Rev.4 
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 Foreign Exchange and Payments  
 
16. The representative of Albania said that exchange control authority was vested in the Bank of 
Albania.  Foreign exchange for payments abroad could be obtained freely subject to documentation 
requirements (application, contract and invoice, an d repatriation). The repatriation requirements are 
imposed with regard to capital controls which appl y only to Albanian residents.  Albanian residents 
are not allowed to transfer capital abroad.  Payments for and proceeds from invisible transactions 
were not restricted.  Travellers could bring in  or take out any amount in domestic or foreign 
currencies.  Albania had Article XIV under the Article  of Agreement of the IMF.  There were controls 
on capital transactions.  The currency of Albania (Lek) floated independently and the current 
exchange rate in 1999, was US$1 = lek 135.3.  The Bank of Albania calculated the daily average 
exchange rates for the US dollar and 22 other cu rrencies.  Government and commercial bank rates 
were based on market rates.  In response to furt her questions the representative of Albania clarified 
that its legislation did not apply any restricti ons on foreign exchange related to any type of 
investment, the quantity of an investment, the amount  of foreign currency that can be exchanged, and 
the ability of foreign investors to repatriate their profits in foreign currencie s or in Lek which were 
earned through their investment (e.g., every type of  investment including deposits) and/or the initial 
capital invested.  There were no restrictions on the access to foreign exchange to an amount of foreign 
exchange attributable to a foreign enterprise. That is , there were no provisions in the Law that restrict 
foreign exchange such that imports are, in effect, restricted or limited.  
 17. In response to questions from a member of the Working Party concerning the controls and 
requirements on foreign exchange acquisition and use, the representative of Albania said that 
individuals, juridical and physical persons, who were Albanian or foreign, when entering the territory 
of the Republic of Albania, had to declare to th e Albanian Customs Authorities the value of foreign 
exchange in cash and traveller's checks equal to or more than US$ 10,000 or  its equivalent in any 
other foreign currency(ies).  In such cases, individu als, juridical and physical persons, had to fill a 
declaration form which had to be stamped by the Albanian Customs Authorities.  This declaration 
provided information on the source and the scope of th e use of this foreign exchange.  She added that 
Albanian individuals were allowed to carry out of the territory of the Republic of Albania in cash or 
traveller's checks the amount of US$ 10,000  or its  equivalent in any other foreign currency.  
Individual foreign citizens that visit or stay tempor arily in Albania could carry out of the territory of 
the Republic of Albania foreign exchange in cash or  traveller's checks an amount equal to the amount 
declared when they entered into Albania which coul d be verified by the declaration mentioned in the 
previous paragraph.  Albanian im porters and exporters w ho were physical or juridical persons were 
not allowed to carry out of the territory of th e Republic of Albania "in the customs border" the WT/ACC/SPEC/ALB/6/Rev.4 
Page 10  
 
 amounts in cash or traveller's checks equal to or mo re than US$ 25,000 or its equivalent in any other 
foreign currency(ies).  Individuals, juridical and phys ical persons, Albanian or foreign, could not carry 
out of the territory of the Republic of Albania more than 100,000 lek per person denominated in 
Albanian banknotes or coins in circulation.  The re presentative of Albania further added that there  
were controls on capital transactions which were imposed mainly on capital outflows, but only those 
made by residents.  There were no capital controls  on non-residents' transactions or on foreign 
investors in Albania.  
Investment Regime  
18. The representative of Albania said that the Government promoted private sector investment, 
foreign and domestic, with a view to achieving di versification by gradually reducing dependence on 
agriculture as the dominant source of income by promoting the development of manufacturing,  fisheries and tourism and other services.  Other investment objectives included job creation for the 
expanding local workforce, gaining access to fo reign markets through foreign private-sector 
marketing channels,  and fo reign equity participation in large, cap ital-intensive projects.  Repatriation 
of capital and profits was allowed freely.  In r esponse to questions concerning the application of 
national treatment and most-favoured-nation treatment to  foreign direct investment, he added that the 
Law No. 7764 "On Foreign Investment" provided equita ble and fair treatment to foreign investors. 
Except the right to buy agricultural land which wa s provided only to Alba nian nationals, national 
treatment and most-favoured-nation treatment were acco rded to foreign direct investment. Foreigners 
could in certain conditions lease agricultural land up to  99 years, but they cannot buy agricultural land 
in Albania.  Article 8, (points 1 and 2) of Law No. 7764 "On Foreign Investment" provided for the right to impartial dispute settlement. According to this Article, foreign investors had the right to 
choose the domestic appeal procedures as well as international procedures. 
 19. The representative of Albania confirmed that according to the new Law "On Income Taxes", 
No. 8438 dated 28 December 1998, equal treatment is gi ven to all persons, being individuals or firms, 
in regard to their personal or company taxes, and th at this applies to Albanians and foreigners in a 
non-discriminatory manner.  
State Ownership and Privatization 
 20. Some members of the Working Party requested  details concerning progress in Albania's 
privatization program and plans to retain State owne rship in enterprises or sectors.  Further questions 
addressed relations between the State and compan y management, the application of competition  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 11 
 
 
 legislation to State-owned enterprises, enterprise transformation provisions in Albanian legislation 
and general or exclusive funds available for State- owned enterprises.  A member requested a report on 
enterprises remaining in Government hands, the nature of goods they consumed, exported or 
distributed; and a report on plans, as appropriate, to complete the privatization process.  A member of the Working Party asked for a cl ear statement from Albania on the right of competing firms to 
establish in the banking and telecommunications sector s.  To ensure full transparency, Albania was 
asked to keep WTO Members informed about progres s in privatization, and provide periodic reports 
on developments in privatization and economic reform issues as relevant to its obligations under the 
WTO.  21. In response the representative of Albania said that the main objectives of privatization were to 
provide long-term economic devel opment, improved economic efficiency, increased effectiveness of 
market efficiency through the promotion of compe tition and continued deregul ation, and the attraction 
of foreign capital to important sectors of the Albanian economy, including the strategic sectors (e.g., oil and gas, banking, telecommunications, utilities, mi ning and transport).  She added that Albanian 
law permitted the right of competing firms (domestic or foreign) to establish in each of these sectors.  
The privatization of strategic enterprises was carri ed out in three stages – a preparatory stage, a 
promotional stage, and a decision-making stage.  The privatization process was conducted on a case-by-case basis and therefore enterprises were at di fferent stages in the process.  The Council of 
Ministers approved the decisions resulting from approved laws and adopted the final decision on the 
privatization of an asset or enterprise.  The Mi nistry of Public Economy and Privatization was the 
institution responsible for the economic policy of  privatization and decided on which assets or 
companies were to be included in the privatizati on programmes.  The National Privatization Agency 
was the body responsible for implementation of the process of privatization from the technical point 
of view. 
 22. She further noted that Article 7 of the Law "O n the Privatization Strategy of Sectors of 
Primary Importance", stated that the privatization of the strategic sector would be accomplished with 
the participation of strategic investors, to whom  would be offered not less than 30 per cent of the 
shares.  The privatization process of all strategic sectors was opened to fore ign capital participation, 
and in each case, there was foreign participation.  Wi th reference to the privatization methods and the 
formulas for the strategic sectors, the representative of Albania said that the strategic sectors of the 
economy would be transformed into commercial enterp rises.  In the implementation of privatization, 
three kinds of rights were transferred to the private sector: the right of ownership, the right of 
exploitation and the right of development.  The par tial or total transfer of the ownership right was 
approved on a case-by-case basis by the Council of Ministers.  In each case it was necessary to WT/ACC/SPEC/ALB/6/Rev.4 
Page 12  
 
 determine the shares to be held by the State, the sh ares to be held by the strategic investor(s), and the 
possible participation of the vouchers.  The parts of shares to be held by the State would be specific 
for different sectors. The State would maintain cer tain control over the enterprise only regarding 
issues related to public and strategic interest and not for the day-to-day operations.  For partial or total 
transfer of the right for exploitation and developm ent method, Albania applied management contracts, 
leasing arrangements, concession contracts, etc. as a precondition for the transformation of State-
owned enterprises into commercial companies.  The State would transfer the development rights for 
the exploitation of natural resources such as oil, gas, minerals, water, etc.  23. The strategic sectors that were privatized c onsisted of banking, telecommunications, electro-
energetic sector, oil and gas, mini ng sector, transport and water supply for the population.  The State 
part of the Albanian banking sector was composed  of three main banks: the Rural Commercial Bank 
(RCB), the National Commercial Bank (NCB) and th e Savings Bank (SB).  Bank privatization was 
underway with some major deals to be complete d in 2000, including the National Commercial Bank 
and the Savings Bank.  In the oil and gas sector, full restructuring of ALBPETROL had been 
completed through the establishment of a holding company (Albanian Petroleum Corportation, APC) 
and three subsidiary companies: ALBPETROL, i nvolved with upstream operations; ARMO, involved 
with downstream operations; and SERVCOM, for petroleum services. ALBPETROL’s activities 
included research-extraction, processing-marketing and special service branches.  For the mining 
sector, the Government of Albania made consider able progress with the parliamentary approval of 
legislation authorizing the privatization pr ocedures.  ALBCOPPER and ALBCHROME were 
restructured. ALBCOPPER was privatized with its transformation into a joint-stock company and 
with a recent concession contract concluded wi th a foreign company. Legislation supporting 
ALBCHROME’s privatization called for the sale of shares through an open international tender 
process and the use of concession contracts.  Both form s of privatization were expected to proceed in 
2000. The two main entities exercised their activity in the mining of chromium and copper, but there were some other mines such as coal, iron-nickel, ni ckel-silicate, bauxite, etc.  Their activity was in 
conducted according to the Law “On Mining”.  In or der to develop this sector, it was of special 
interest to apply the form of transferring rights of  exploitation and development rights, by using all 
possible forms to attract foreign capital, such as self-financing projects as well as other concessionaire 
forms. In addition, 66 small chromium mines a nd 15 small copper mines were privatized through 
licensing arrangements with private operators.  For those mines in which investors expressed no interest, the mines were either liquidated or the assets were sold.  In the energy sector, the 
Government undertook important legislative effo rts in 1999. The electro-energetic system was 
composed of three main elements (production, transmission, distribution) and was represented by the Albanian energy corporation (KESH), a joint-stock company. KESH, was currently under an  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 13 
 
 
 operational and financial restructuring process. A foreign company would provide management 
assistance to KESH until 2002.  Under consideration was a restructuring process that would separate 
the company into two companies, one that generat es and transmits energy and the other that performs 
the distribution activities.  For small, local hydr o-electric power plants (those producing less than 2 
MW) the government was preparing the legal framewo rk for their privatization.  For water supply 
companies the Strategy of Privatization called for managing or concession contracts.  The legislation 
for this purpose was drafted and most of the water supply enterprises were converted into joint-stock 
companies. There were 50 water enterprises supplyi ng water to the population.  In the transportation 
sector, including seaports, privatization involved th e transformation of State enterprises into joint-
stock companies.  The telecommunications sect or included the activities of the State-owned 
enterprise, TELECOM, as well as the joint-stock co mpany AMC (Albanian Mobile Corporation). The 
laws for privatizing this sector included: th e Law “On Telecommunication in the Republic of 
Albania” and the Law on “Regulatory Entity of Teleco mmunications”.   Due to the events in Kosovo, 
the privatising of AMC (Albanian Mobile Telecom)  had been delayed.  However, in 2000, the 
privatization of telecommunications was proceed ing rapidly with AMC having been sold. For 
ALBTELECOM, the government was preparing the pr ivatization procedures assisted by a program 
financed by the World Bank with the aim of preparing the company for sale by the end of 2000.  Only air transport, ports and railways were considered as strategic sectors within the transport sector. Albtransport and Air Traffic National Agency (ATNA)  were the main players.  These enterprises 
were involved in the reconstruction project of Rinas Airport.   
 24. According to the Strategy of Privatization, a program had been compiled for preparing the 
privatization of strategic sectors, in agreem ent with the World Bank and European Bank for 
Development and Reconstruction.  This agreemen t was supported financially by these institutions. 
There were five foreign trade State-owned enterp rises involved in the process of privatization and 
transformation into commercial companies:  (i) En terprise of Agroeksport Tirane, (ii) Enterprise of 
Industrialimpeks Tirane, (iii) Enterprise of Arteksportimport Tirane, (iv) Enterprise of 
Makinaipmpeks Tirane, (v) Enterprise of Albkoopi Tirane.  They were divided into two groups, 
according to the form of privatization: those enterprises prepared for direct privatization 
(Makinaimpeks Tirane and Albkoop Tirane), and those enterprises that were to  be transformed into 
joint-stock companies (Agroexport Tirane, Industrialimpe ks Tirane , and Artexpor t Tirane).  The legal 
framework for privatization had been appr oved by Amendment No. 8237 of the Law “On 
Transformation of the State Owned Enterprises into  Commercial Companies” and the Decision of the 
Government No. 192 dated 20 March 1998 “On Esti mation of the State Owned Property to be 
Privatised and the Procedures of Selling”.    WT/ACC/SPEC/ALB/6/Rev.4 
Page 14  
 
 25. Concerning the right of competing firms to est ablish in the telecommunications and banking 
sectors, the representative of Albania noted that  it had achieved greater liberalization in the 
telecommunications sector.  In Albania data communication services, including internet access and 
VSAT networks, value-added services and paging ser vices were fully open to competition.  For those 
services a general licence was needed.  The number of licenses granted was unlimited.  Independent rural telephone networks were already authorized by the Law entitled "On some Changes on the Law 
No. 8083 dated November 1996" dated February 1998. To provide this kind of service, a licence was 
needed. The number of licenses that would be lim ited to service providers was unlimited.  The 
number of terrestrial mobile telephony operators  was defined by a Decision of the Council of 
Ministers No. 288 dated 18 June 1999.  Licensing pr ocedures for a second mobile operator had started 
and a second licence was expected to be issued in July 2000. Individual licensing would be done 
through an international tender.  Urban, long di stance and international telephony services provided 
over fixed network would be open to competition by 2003. 
 26. Some strategic agribusiness enterprises had not been  privatised, i.e. some of the enterprises of 
the water supply system, the enterprise of the seeds a nd agricultural inputs, the scientific development 
institutions related to the agricultural system. About 95 per cent of all agricultural and food 
production was from the private sector.  In the framewo rk of economic reform for transformation of a 
centralised economy into a free market economy, the privatization procedure of State-owned 
enterprises in the agricultural field had proceeded  through three stages.  The first stage (from 
November to December 1992) had began the privati zation of the agricultural land from 79 agricultural 
enterprises; the second stage (from April 1993 to th e present) had involved the privatization of 
agricultural enterprises and assets; and the third st age (from October 1993 to the present) had involved 
the privatization of dairy complexes. 
 
27. Concerning the privatization of food enterprises, the representative of Albania noted that they 
had undergone three stages: the first stage (from 1992 to April 1993) had involved the privatization of 
bakeries, dairy processors, factory lines for producing alcoholic drinks and othe r beverages, and other 
assets (1,000 assets in total); the second stage (from May 1993 to February 1994) had involved the 
sale of 1,300 small and medium sized enterprises; and the third stage (from March 1994 to the present) had involved the privatizing of 6,000 assets.    28. The representative of Albania confirmed that ther e were 80 enterprises and assets currently in 
the process of privatization.  For all 80 remaining enterprises and assets in the process of privatization 
all the necessary documents had been  prepared and submitted to the Na tional Agency of Privatization 
for sale through auctions.  The number of employ ees in these enterprises by June of 1999 had been  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 15 
 
 
 only 250 persons.  After 1997, the legal framewo rk of privatization had been improved by 
Amendment No. 8237 of the Law on "Transformati on of State-owned Enterprises into Commercial 
Companies" and a Decision of the Council of  Ministers, No. 192 dated 20 March 1998 "On 
Estimation of the State-owned Property to be Priva tized and the Procedures of Selling".  There were 
eight limited liability agribusiness food companies that  were involved in production of goods such as 
dairy, cigarettes, and wine.  It was foreseen that w ith their consolidation they would be privatized.  In 
1998, five of these enterprises had been put forward for privatization but none of them were sold.  
Restructuring of these enterprises was presently on-going to improve the sale of these enterprises.  For 
non-privatized assets, a leasing arrangement was to be applied.  29. The total number of State enterprises covered by  the Central Agency for Restructuring and 
Privatization had been 341 and incl uded about 70,000 assets to a total value of 5 billion lek.  Only 
300 assets had remained (by the end of June 1999) non- privatised and it was foreseen that all of them 
would be privatised within 1999.  According to the Law “On Privatization of Commercial Enterprises 
Which Function in Non-Strategic Sectors” the priv atization of these enterprises would be made by 
auctions which would be organized by the National Agency of Privatization or by tender open to 
foreigners. The 300 assets were in rural areas and include mostly stores and warehouses all of which 
are semi-destroyed and/or abandoned.  There was no  economic activity performed with these assets.  
The total number of the enterprises with State-ow ned capital was 469.  They were divided according 
to the type of entity as follows: State enterprise for sales of assets 255, State enterprises under the 
procedure of transformation 67, companies with 100 per cent State capital 29, companies with State 
capital less than 100 per cent 15, and 103 joint vent ure companies.  In 1998, the procedure of 
transformation and privatization had started with 332 objects and up to now 194 objects were 
privatised.  The procedures of privatization of State enterprises that represented 297 objects continued 
during 1999.  Privatization was an ongoing process a nd Albania would continue to provide new data 
in the future.  In response to further questions, the representative of Albania provided the following 
tables detailing the current status of the privatization program.  
 
Table 1.  State-Owned Enterprises, by Sector, 1991 and 1998*
 
Number of Enterprises 
Left to be Privatized  
1991** 1998 Deadline for privatization 
or expected completion 
Service and trade 623 48 End of 1999 
Agriculture 365 93 End of 1999 
Food processing 292 41 Second half of 1999 
Construction and construction ma terials 247 31 Second half of 1999 
Transportation 142 56 After 2000 
Miscellaneous (pharmaceuticals, e ducation) 107 49 Second half of 1999 WT/ACC/SPEC/ALB/6/Rev.4 
Page 16  
 
 Number of Enterprises 
Left to be Privatized  
1991** 1998 Deadline for privatization 
or expected completion 
Wood and paper 98 29 Second half of 1999 
Handicraft production 89 10 Second half of 1999 
Mechanic industry 85 31 Second half of 1999 
Textiles and clothing 60 23 Second half of 1999 
Tourism 44 1 Second half of 1999 
Typography 29 4 Second half of 1999 
Chemical and plastics industry 28 20 Second half of 1999 
Metallurgic industry 14 5 Second half of 1999 
Leather industry 12 4 Second half of 1999 
Oil and gas 69 4 End of 2000 
Mineral industry 66 17 First half of 1999 
Energy 64 4 End of 2000 
Telecommunications 2 2 2000 
Total 2,436 472  
Notes : 
* Data are not available for a year-by-year presentation. 
** The data in 1991 have been aggregated in such a mann er that they are consistent with those from 1998.  For 
example, the postal enterprise for each region was coun ted as a separate state-owned enterprise in 1991; 
however, for the purposes of privatiza tion, the postal enterprise has been converted into one in the 1998 data. 
1. This table does not include a few service enterprises and firms owned by the Ministry of Defense which produce military equipment.  These are not subject to privatization. 
2. Some of the enterprises have been entirely reconstructed and now belong to the strategic sector. 
3. The privatization of the strategic sectors has not started yet and shall be performed. 
4. From the above tabled enterprises, about 40 non-strategic, small enterprises are excluded from the process of 
privatization in compliance with the request for order, h ealth and other social enterp rises.  These provide unique 
state services and are not involved in commercial activities.
 
 
Table 2.  Production of Goods and Servi ces by State-Owned Enterprises, by Industry  
(Million Leke)  
 1992 1993 1994 1995 1996 1997 1998 
Production of Goods  14,852.9 21,268.2 20, 693.8 25,728.7 27,864.3 24,112.3 24,142.8
Oil: Albpetroli 5,402.2 7,933.8 9,154.6 11,093.6 9,873.5 9,611.0 10,886.9
Electricity: KESH 2,116.9 2,870.5 2,885.1 4,433.3 11,231.0 8,648.1 7,753.1
Mining: 3,452.6 4,662.6 4,286.1 6,888.6 4,599.7 3,663.1 3,293.4
    Chromium: 
Albchromium 1,578.3 2,377.3 2,547.2 4,761.7 3,286.6 3,434.1 2,854.5
    Copper: Albcopper 1,342.8 1,660.4 1,199.4 1,642.6 972.4 112.9 296.7
    Coal 531.5 624.9 539.5 484.3 340.7 116.1 142.2
Other industries 3,881.2 5,801.3 4,368.0 3,313.2 2,160.1 2,190.1 2,209.4
    Metallurgy 342.8 685.8 858.2 974.5 1,079.2 1,111.9 1,119.3
    Mechanics 513.2 811.5 837.0 587.0 82.6 66.3 80.5
    Polygraphs 164.9 345.9 321.9 298.3 57.0 77.7 184.9
    Chemicals, glass, 
porcelain, rubber 645.1 1,085.4 820.0 495.4 407.3 320.7 207.6
    Textiles and clothes 1,390.1 1,739.0 758.7 303.5 297.8 301.5 315.3
    Leather and shoes   350.6 85.5 225.5 300.5 290.4
    Wood and paper 
products 521.2 811.3 280.0 465.2 10.7 11.5 11.4
    Arts and crafts 303.9 322.4 141.6 103.8    WT/ACC/SPEC/ALB/6/Rev.4 
 Page 17 
 
 
  1992 1993 1994 1995 1996 1997 1998 
Production of Services 77.9 2,216.4 2,632.0 3,294.1 5,038.2 6,331.4 6,213.9
Postal enterprise 77.9 192.3 253.0 340.8 570.4 701.1 547.9
Telecommunications  2,024.1 2,379.0 2,953.3 4,192.8 4,932.3 4,661.1
Albanian Mobile 
(phone) Company     275.0 698.0 1,004.9
Gross Domestic Product 50697 125334 184393 229793 280998 341716 456766
 
Table 3.  The Contribution to GDP by State-Owned Enterprises, by Industry  
 1992 1993 1994 1995 1996 1997 1998 
Contribution by 
Sector: Percentage Share of GDP 
Total Contribution in 
the Goods Sector 29.3 27.5 11.2 11.0 9.7 6.9 5.1
Oil: Albpetroli 10.7 6.3 5.0 4.8 3.5 2.8 2.4
Electricity: KESH 4.2 2.3 1.6 1.9 4.0 2.5 1.7
Total from mining 
industries: 6.8 3.7 2.3 3.0 1.6 1.1 0.7
      Chromium: 
Albchromium 3.1 1.9 1.4 2.1 1.2 1.0 0.6
      Copper: Albcopper 2.6 1.3 0.7 0.7 0.3 0.0 0.1
      Coal 1.0 0.5 0.3 0.2 0.1 0.0 0.0
Total of other 
industries 7.6 4.6 2.3 1.3 0.6 0.5 0.3
      Metallurgy 0.7 0.5 0.5 0.4 0.4 0.3 0.2
      Mechanics 1.0 0.6 0.5 0.3 0.0 0.0 0.0
      Polygraphs 0.3 0.3 0.2 0.1 0.0 0.0 0.0
      Chemicals, glass, 
porcelain, rubber 1.3 0.9 0.4 0.2 0.1 0.1 0.0
      Textiles and 
clothes 2.7 1.4 0.4 0.1 0.1 0.1 0.1
      Leather and shoes       
      Wood and paper 
products 1.0 0.6 0.2 0.2 0.0 0.0 0.0
      Arts and crafts 0.6 0.3 0.1 0.0 - - -
Contribution of Selected Services 
Postal enterprise 0.2 0.2 0.l 0.1 0.2 0.2 0.1
Telecommunications - 1.6 1.3 1.3 1.5 1.4 1.0
Albanian Mobile 
(phone) Company     0.1 0.2 0.2
 
The privatization process was preceded by serious restructuring efforts, involving the separation of 
fringe activities that could be sold independently from the core business.  In Table 4, the status of 
privatization is presented for strategic and non-strategic enterprises. WT/ACC/SPEC/ALB/6/Rev.4 
Page 18  
 
  
Table 4.  The Status of Privatization in the Strategic and Non-Strategic Sectors, by Industry
 
 
Sector Stage of 
Privatization Expected 
Completion Legislation 
Defining 
Procedures Limitations on 
Competition in the 
Industry 
Strategic sector: 
Banking 
 
• Rural 
Commercial 
Bank 
 
• National 
Commercial Bank 
 
• Savings Bank 
  
 Initial stage 
 
  Final stage  
 
 Intermediate stage  
 Not yet 
defined. 
  2000  
 
 2001-2002  
The legislation for NCB has 
been approved; 
the strategy for the SB has been drafted and the plan 
RCB was 
being drafted.   
There were no limitations on the number of 
operators involved in the 
banking sector.  Foreign banks have already been established in Albania. 
Oil and gas Initial stage 2000-2003 Legislation 
was approved. There were no limitations 
on the number of 
operators involved in 
upstream or downstream activities for providing petroleum services. 
Mining Final stage 2000 Legislation 
was approved. There were no limitations 
on the number of operators. 
Energy Pre-initial 
stage Not defined. Draft 
legislation was pending. There were no limitations 
on the number of operators. 
Water supply Case-by-case; 
some were in the pre-initial 
stage and 
others in the final stage. Not defined 
as it was done on a 
case-by-case 
basis for the 50 enterprises. Legislation has 
been approved for some 
regions and has 
not yet been drafted for other regions. Water in each region will 
be supplied by the regional supplier.  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 19 
 
 
  
Sector Stage of 
Privatization Expected 
Completion Legislation 
Defining 
Procedures Limitations on 
Competition in the 
Industry 
Transport  
• Airport 
 
• Seaports 
 
• Railroad Pre-initial 
stage. Not defined. Legislation had 
not yet been drafted. For airport services there 
will be a limited number of operators.  There were no limitations on 
competition for the 
following seaport services: pilotage; towing and tug assistance; provisioning, fueling and watering; garbage 
collection ballast waste 
disposal; port Captain's services; navigational aids; shore-based services essential to shop 
operations; emergency 
repair facilities; anchorage, berth and berthing services.  For the other sectors, limitations on 
competition were not 
defined.  
Telecommunications  
• AMC 
 
• Albtelecom 
  
 Final stage.  Initial stage.  
 2000  2001 
 Legislation 
was approved. Legislation was being drafted and 
approval was 
expected in 2000. There was limited 
competition in basic telecom services; other telecom services (e.g., data transmission, 
internet, paging) had no 
limitations on the number of operators. 
Non-strategic sector: 
Remaining industries (agribusiness and pharmaceutical) Final stage for 
the four remaining firms. 2000 Legislation 
was approved. There were no limitations 
on the number of enterprises in operation. 
 
 30. The representative of Albania confirmed her countr y's readiness to ensure the transparency of 
its ongoing privatization program and to keep WTO Members informed of its progress in the reform 
of its transforming economic and trade regime. The representative of Albania stated that her 
Government would provide annual reports to WTO Members on developments in its program of 
privatization as long as the privatization program would be in existence along the lines of that provided to the Working Party.  Sh e also stated that her Government would provide annual reports on WT/ACC/SPEC/ALB/6/Rev.4 
Page 20  
 
 other issues related to its economic reforms as re levant to its obligations under the WTO.  The 
Working Party took note of these commitments. 
 Pricing Policies 
 
31. Some members of the Working Party request ed information on the process of price 
liberalization in Albania and the extent of any re maining controls on prices for goods and services.  
Albania  was requested to provide a description of existing price controls;  list the products by HS 
tariff line with reference to the legal provisions und er which controls were applied; border charges 
that would increase import prices;  and the conditions under which the authority to control prices was to be exercised.  The representative of Albania said that price controls had been eliminated for goods.  
For pharmaceutical products (medicine), the governme nt set a reference price for each of the 278 
pharmaceutical products listed in the INN.  The refe rence price for each medicine was computed as 
follows: reference price equals the lowest CIF import price plus a wholesale margin of 12 per cent plus a retail margin of 27 per cent).  The refere nce price was the price upon which reimbursement to 
the retailer was based.  The consumer paid a co-p ayment, which was a specified percentage of the 
reference price, and the State Health  Care Insurance Institute paid th e remainder of the payment.  The 
reimbursement list and the lowest import price was pub lished once a year (prior to the end of the first 
quarter of the year) stating the percentage of the reference price the consumer was required to pay.  
This list was disclosed to the consumer at all re tail outlets.  The reference price and reimbursement 
scheme was based on the Law on "Health Insuran ce", No. 7870 dated 13 October 1994.  For 
medicines that had a higher price relative to the refe rence price, the consumer was required to pay the 
additional expense over the reference price.  Reta il prices of these medicines on the INN list were not 
directly affected.  The category of drugs which we re subject to the reference price was as follows: 
acidum ascorbicum; acidum valproicum; alumin ii hydroxydum; aminophyllinum; amoxicillinum; 
ampicillinum; aqua bidestillata; atropini sulfas;  beclometasonum; betamethasonum; calcii folinas; 
captoprilum; carbamazepinum; chlorambusilum;  chloramphenicolum; chlorpromazinum; 
clonazepamum; desmopressinum; diazepamum; erythromycinum; fluphenazinum; furosemidum; 
gentalmuicinum; haloperidolum; hydrocortis onum; hydroxocobalami num; ibuprofenum; 
indometacinum; insullinum; isoniazidum; isosor bidi dinitras; levodopum + benserazidum; 
levothyroxinum natricum; medroxyprogesteronum; me lphalanum; metamizolum; meoclopramidum; 
metronidazolum; morphini hydrochloridum; nystatinum; papaverini; paracetamolum; phenobarbitalum; phenoxymethylpeni cillinum; phytomenadionum; p ilocarpini hydrochloridum; 
prednisolonum; pyridoxinum; rifampicinum; sa lbutamolum; sulfamethoxazolum + trimethoprimum; 
testosteronum; thiaminum; tetracyclinum; thiori dazinum; timololum; trihexyphenidylum; and 
verapamilum.  The co-payment by the State on these drugs ranged from 38 per cent to 99 per cent of  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 21 
 
 
 the cost of the drugs.  The representative of Alba nia provided the Working Party with a complete 
listing of products subject to price controls, in cluding, where appropriate, HS numbers, in document 
WT/ACC/ALB/25. 
 32. Concerning price controls on the services sector, the representative of Albania also noted that 
electricity, water, and transport services were subject  to price controls.  Full details of the price 
controls applied were provided to the Working Pa rty in document WT/ACC/ALB/25.  The pricing of 
electrical power was controlled.  Rates were set according to different categories as follows:  (i) 
residential households, (ii) main sectors of the economy, (iii) other producer entities, (iv) services sector providers and (v) wholesale rate for State institutions.  The rates on drinkable water were applied by the water supply stations according to differ ent types of users of water.  The rates were set 
according to a similar scheme.  Public transporta tion rates were set for some modes of internal 
transport.  For example, railroad passenger trans portation was not liberalized.  However, rail cargo 
rates were liberalized.  For bus transportation, urba n and inter-urban passengers rates were set by the 
government.  Other modes of transportation ha d liberalized rates. For price control on 
telecommunications services, the following applies. Operators providing services under monopoly 
conditions will be subject to tariff regulation based on a price cap mechanism.  The price cap ensures 
that the price for basic telephone ser vices remains affordable while bei ng gradually adjusted to reflect 
more accurately costs of provision.  For Albteleco m (the operator defined as with relevant market 
power), the price cap will apply to all elemen ts of basic telephones services.  The price for 
communications services other than basic telephone services are not subject to price control.  33. In response to further questions, the representative of Albania stated that Albania did not have 
any other legal authority for the application of price controls, and does not contemplate to use such 
controls in the future.  When th e electricity sector and water works are privatized, price controls 
would be lifted.  Inter-urban and urban transportatio n will be liberalized as the standard of living of 
the population improves.  
34. The representative of Albania confirmed that prices for goods and services in Albania, other 
than for the items listed in paragraphs 31-32 above and in document WT/ACC/ALB/25 were not 
subject to any price controls or reference prices. She confirmed that Albani a would apply its current 
price regulation system and any other state-mandated prices or price controls applied from the date of 
accession in a WTO-consistent fashion, and would take account of the interests of exporting WTO 
members as provided for in Article III.9 of the GA TT 1994.  Albania would publish the list of goods 
and services subject to State pricing or price controls  in its Official Journal,  including any changes in WT/ACC/SPEC/ALB/6/Rev.4 
Page 22  
 
 the list provided in WT/ACC/ALB/25 of current requir ements in place.  The Wo rking Party took note 
of these commitments.  
 
Competition Policy  
35. Some members of the Working Party requested information on Albania's competition policy, 
including the agreements restricting competition a nd whether and in which form reorganisation plans 
provided for in Chapter III of Law No. 8017 "For Bankruptcy Procedures" involved, directly or 
indirectly, any financial support from the State.  In  response, the representative of Albania said that 
the reorganization plans provided for in Chapter III of the Law “On Bankruptcy Procedures” did not 
involve any direct or indirect financial support from  the State.  Additional competition legislation was 
under preparation.  
 
FRAME WORK FOR WORKING AND ENFORCING POLICIES 
 
Power of the executive, legislative and judicial branches of government 
 
36. The representative of Albania said that acco rding to Law No. 8417 dated 21 October 1998 
“On the approval of the Constitution of the Re public of Albania” and Articles 121-123 of the 
"Constitution of Albania", the accession of Albania to the WTO would be ratified by a special law in 
the Albanian Parliament.  The Council of Mi nisters Decision No. 492 dated 29 July 1998 had 
approved the setting up of the Albanian Secretariat for Co-ordination of Relations with the WTO and 
the Albanian Negotiators Group, which was com posed of the members of all ministries and 
institutions related to WTO issues.  Based on the Law No. 8371 dated 9 July 1998 “On Concluding of 
International Treaties and Agreements”, all agreem ents accepted by the Government of Republic of 
Albania , were approved in principle by the Council of Ministers, and the authority on discussions and 
signing was the competence of the Prime Minister.  The Council of Ministers Decision No. 749 dated 27 November 1998, “Strategy on th e Third Round of Negotiations for the Accession of Albania to the 
WTO”, had approved the Albanian Offer on Goods a nd Services.  She further added that specific 
legislation required to fully implement WTO provisi ons was passed separately and would be in force 
by the time of accession.  The ratification of the special law would take place according to Articles 
121 and 122 of the Constitution, Chapter II "Inter national Agreement".  She further noted that 
ratification and denunciation of international agreem ents by the Republic of Albania was lawful if 
they have to do with (a) membership of the Republic of Albania in internationa l organizations (Article 
1212, 1/c) and (b) the undertaking of financial oblig ations by the Republic of Albania (Article 121, 
1/d).  According to Article 122 of the Constitu tion of Albania, Chapter II of "International  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 23 
 
 
 Agreements", in the event of conflict between an in ternational agreement that has been ratified by law 
and any domestic Albanian law, the international ag reement prevailed to the extent of the conflict 
(Article 122/2), (Article 122/3).  She noted that accordingly it would not be necessary to repeal 
conflicting laws and regulations to ensure  enforcement of the WTO Agreement.   
 
Division of authority between central and sub-central governments  
37. In response to questions concerning the sub-centr al governments’ authority to enact measures 
covered by the WTO Agreements, and the authority of the Government to override decisions by sub-
central authorities that conflict with WTO provisions, the representative of Albania said that as part of 
the trading system, foreign trade policy was under the jurisdiction of the Ministry of Economic Co-
operation and Trade, as well as of  all related ministries.  Implementation was carried out by the 
relevant ministries and institutions of the public sect or in Albania.  The Albanian Secretariat for 
Relations with the WTO, was the structure respons ible for supervising the implementation of all 
commitments resulting from the accession of Albania in the WTO, and exercising the rights derived 
by such membership.  The memb ers of the Albanian Negotiato rs Group were responsible for 
fulfilling, within the ministries’ structure, the implementation of the accession obligations.  She 
further added that Albania's sub-central authorities could not enact measures on issues subject to WTO Agreements, e.g., taxes, fees, and price contro ls applied to imports, investment requirements, 
subsidies or any other measure.  Sub-central auth orities could also not enact measures on issues 
subject to WTO Agreements.    38. The representative of Albania confirmed that sub-central entities had no autonomous 
authority over issues of subsidies, taxation, tr ade policy or any other measures covered by WTO 
provisions.  She confirmed that the provisions of the WTO Agreement, including the Albanian 
Protocol, would be applied uniformly throughout the customs territory of Albania and other territories 
under its control, including regions engaging in bo rder trade or frontier tr affic, special economic 
zones, and other areas where special regimes for ta riffs, taxes and regulations were established.  She 
also stated that the central authorities would e liminate or nullify measures taken by sub-central 
authorities in Albania that were inconsistent with  WTO provisions from the date of accession.  She 
further stated that if the Government of Albani a was informed of a specific situation where WTO 
provisions were not being applied or where app lied in a non-uniform manner, central authorities 
would act to enforce WTO provisions without requiri ng affected parties to petition through the courts. 
The Working Party took no te of these commitments. 
 WT/ACC/SPEC/ALB/6/Rev.4 
Page 24  
 
 Description of Judicial, Arbitral or Administrative Tribunals 
 39. In response to further questions from memb ers of the Working Party concerning the 
administrative appeals process for customs and othe r issues covered by WTO provisions and the right 
of appeal to an independent tribunal, whether or not  judicial, by traders, the representative of Albania 
said that in Albania there were three levels of app eal within the judicial system.  The first level was 
composed of Court of First Instance,  which function in all districts of Albania.  These had relevant 
sections for different complaints (penal, civil, admi nistration, family section, etc.).  The second level 
consisted of the Appeals Court , with branches in five districts in Albania, having under their 
jurisdiction the relevant territory defined by the Law approved by Parliament. The third level 
consisted of the appeal to the Supreme  Court , with its centre in the capital of Albania.  This Court was 
composed of three colleges:  Penal, Civil and Ad ministrative, which were responsible for reviewing 
and analysing complaints by relevant areas.  The Constitutional Court was the Head of the judicial system, which guaranteed the primacy of the Cons titution of the Republic of Albania, and was the 
final interpreter of and was subject only to the Constitution. 
 
40. In response to further questions the representative of Albania stated that the Customs Code of 
the Republic of Albania, Law No. 8449 dated 27 Janua ry 1999, Articles 19, 20 and  289, set out the 
process by which an aggrieved party could appeal a d ecision of the Customs.  If a trader did not agree 
with a customs administrative decision, he or she c ould appeal to the regional Chief of the Customs 
Office.  A subsequent appeal could be made with in ten days from the day of notification to the 
General Directorate of Customs.  The Director Genera l was required to take a decision within 20 days 
from the date the appeal was received.  In the ev ent the Director General of Customs does not reply 
within this term, the request shall be presumed to  have been accepted.  According to Article 289, 
which relates to verification of cu stoms valuations, if the Director General rejected the appeal, the 
trader could take the appeal to the courts, pursuant to the procedures set out in the Civil Code of the 
Republic of Albania and the Code of Civil Proce dures.  The complaint against an administrative 
decision was made to the Administrative Division of th e Court of First Instance.  Parties had the right 
to appeal the administrative decision of the Court for First Instance to the Appeals Court.  Such an 
appeal was required to be reviewed by the Administrative Division of the Court of Appeals.  Finally, a final appeal could be made to the Supreme Court.  Its decision was final.   
 
41. Concerning appeals from other types of administra tive decision, a trader could appeal to the 
head of the administrative office.  If the appeal was unsuccessful, the trader could appeal to the 
General Director of the administrative body within the applicable Ministry. A third appeal at the  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 25 
 
 
 administrative level could be made to  the Appellate Committee.  In add ition, the trader could go to the 
Court system described in the preceding paragraph.  
 
POLICIES AFFECTING TRADE IN GOODS  Registration Requirements For Trading 
 
42. In response to questions the representative of Alba nia stated that there were no State-trading 
enterprises as defined by Article XVII of the GATT 1994, because previous monopoly on import and export activities enjoyed by certain enterprises had e nded in 1991 with the passage of the Law “On 
State Enterprises”.  From 1991 all enterprises in Al bania had acquired the right to import and export 
freely in accordance with the principles of a ma rket-based economy.  Amendments to the Law “On 
State Enterprises” after 1991 had transformed the re maining State enterprises into commercial or 
share-holding companies for privatization and asked whether, all enterprises, public or private, had 
the right to import or export and to purchase a nd sell goods on the international market without 
respect to origin.  She further added that in accordance with Law No. 7638, "On Commercial 
Companies" dated 19 November 1992 following registra tion with the Court of First Instance and the 
local Tax Office, all enterprises could engage in international trade.  
 
43. The representative of Albania confirmed that the former state foreign trade monopoly had 
been abolished and that no restrictions existed on the right of foreign and domestic individuals and 
enterprises to import and export goods within Albani a's customs territory, with the exception that the 
importation and exportation of  goods under licence could be undertaken only by registered firms, and 
with the exception of a requirement to register for the right to engage in a trading activity listed in 
document WT/ACC/ALB/35/Rev.1 - Memorandum  on Import Licensing and Prohibition on 
Importable Products. In her opinion, the requirement to  register for the right to engage in a trading 
activity was consistent with the WTO Agreement.  Th e requirement to register for the right to engage 
in a trading activity did not restrict foreign par ticipation as they applied equally to foreign and 
domestic businesses.   
 44. The representative of Albania noted that all importers had to be registered with the Court of 
First Instance to become a natural or juridical subject and with the proper Tax Office. After the 
individual or firm was established a nd registered with the Court, the Tax Office provided them with a 
Certificate of Exercising an Activity which was at  the same time an identification number for tax 
purposes.  If the following conditions held, i.e., when:  WT/ACC/SPEC/ALB/6/Rev.4 
Page 26  
 
 (a) the annual turnover was more than 5 million lek; and/or 
(b) the individual or firm was going to be engaged in importing or exporting activities, 
 
then the Tax Office would provide them with a se cond identification number which is used only for 
VAT purposes.  If condition "b" was met, but not "a", then the individual or firm might choose to be 
taxed as a small business at a fixed amount or as a large business subject to the VAT and the profit 
tax.  When a natural and juridical subject regist ered with the Tax Office, that subject was then 
registered to engage in some trading activity(ies) , i.e., import, export, transport, wholesaling and/or 
other marketing activities. This applied to impor ted and domestic products in exactly the same 
manner. The criteria for engaging in import and export  trade in the restricted sectors were consistent 
with generally applicable restrictions placed on tr ade in similarly domestically produced goods.  The 
availability to register for the right to engage in a trading activity was not restricted nor was the 
licensing applied to restrict imports, production,  wholesale or retail trade in any product.  
 45. The representative of Albania further noted that  the request for registration to the Court of 
First Instance had to be directed by the responsible of ficers of the corporation or partnership.  The law 
defined some general requirements such as the obligati on to declare and register the type and terms of  
the company's activity, the official trade name, th e headquarters, the object of the company, the 
amount of basic assets, the date of  its statutes.  Different types of companies, had some additional 
requirements, such as information on the composition of the company, shareholdings, the articles of 
association and the names of directors etc..  The requests for registration had to be accompanied, in the case of Limited Liability Companies and Public Co mpanies, with the certific ate of the depositor of 
the funds, which result from the reimbursement of th e basic part of the assets, or from signing shares 
for cash contributions.  In cases when an activity was subject to an official authorization, a copy of 
this authorization would be necessary for registration.   The company was registered when its statutes 
were  in accordance with the law and when all doc uments required by the law had been completed. 
The law also provides that these provisions were e qually applied to Albani an and foreign persons 
establishing a branch or a representative office in Albania. 
 
46. The representative of Albania confirmed that from the date of accession Albania would 
ensure that its laws and regulations relating to trad e in goods and all fees, charges or taxes levied on 
such rights would be in full conformity with its WTO obligations, including Articles VIII:1XI:1 and 
III:2 and 4 of the GATT 1994 and that it would also implement such laws and regulations in full 
conformity with these obligations.  The Work ing Party took note of this commitment. 
  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 27 
 
 
 Import Regulations 
 
Customs Tariff 
 
47. The representative of Albania presented an in itial offer for market access negotiations on 
goods in May 1997 and submitted a revised offer for market access negotiations on goods in January 
1999.  A number of members of the Working Part y entered into market access negotiations with 
Albania.  The commitments agreed between Alba nia and members of the Working Party will be 
annexed to Part I of the Protocol of  Accession of  Albania which is reproduced in the Annex to this 
Report.  
Customs Duties 
 
48. In response to questions concerning the current status of "special duties" and Albania's Law 
“On Development of the Priority Zones in T ourism”, No. 8163 7 November 1996 exempting goods 
imported for investment from customs duties, the re presentative of Albania said that the Government 
of Albania was committed to trade reform and to th e maintenance of a liberal trade-regime. The new 
Law “On  Customs Tariff Nomenclature”, No. 8477 dated 14 April 1999 was approved by Parliament.  
The steps taken were to reduce the average tariff rates over the medium term, through reductions in 
the number of tariff rate scales from five to three.  The aim of the changes was to create a simple and 
transparent tariff structure with relatively low ma ximum tariff lowered from 30 to 20 per cent.  All 
customs tariffs were ad valorem ; there were no products on which Albania applied specific or 
combined duties.  
Tariff Quotas  
 
49. In response to questions from members of the Working Party the representative of Albania 
confirmed that Albania had no tariff quotas.  With the adoption of the Customs Code on 
15 May 1999, all tariff exemptions were provided in Article 199 and explained in Article 477-560 of 
the Implementing Provisions of the Customs Code.  The Customs Code (Title VI, Chapter 1, Article 
199, paragraphs 1, 2) outlined the conditions for a ll relief from import duties.  Paragraph 3 of Article 
199 provided that relief from import duties could be  permitted if provided for in bilateral or 
multilateral agreements.  
 WT/ACC/SPEC/ALB/6/Rev.4 
Page 28  
 
 Other duties and charges  
 
50. The representative of Albania confirmed that there were no other duties or charges on imports 
on goods other than normal customs duties and fees  and charges for services rendered.  Charges and 
fees applied for services rendered had nothing to do  with the importation of  goods and so Albania 
bound such charges at zero.  All other duties and char ges were bound at zero.  She further stated that 
Albania would not list any other charges in its  Schedule of Concessions on Goods under Article 
II:1(b) or GATT 1994, binding such charges at "zero".  51. The representative of Albania stated that any ot her duties or charges applied to imports other 
than normal customs duties and fees and charges fo r services rendered would be in accordance with 
WTO provisions from the date of accession.  She fu rther confirmed that Albania would not list any 
other charges in its Goods Market Accession Sche dule under Article II:1(b) of the GATT 1994, and 
would bind such charges at "zero".  The Work ing Party took note of these commitments.   
 
Fees and Charges for Services Rendered 
 
52. In response to questions from members of th e Working Party, the representative of Albania 
provided members of the Working Party with the fo llowing table that listed the range of services and 
activities, including fees for harbour use and consular services.   
Table 5  The levels of harbour charges in the Republic of Albania
 
For each net ton 
of ships register Total for each ship  
The type of charges 
Charges in US Dollars 
1. Harbour charges on ships 
(a) For ships that load and unload general goods (b) For ships that load and unload liquid goods (c) For freighters RO/RO and passenger freighters (d) For sportive ships, yachts 
- up to 30 TRN 
- from 31 up to 70 TRN  
0.4 0.6 
0.35 
  
    
15 
30 
2. Charge for the beacon 
- for ships up to 200 TRN 
- for ships from 201 up to 500 TRN - for ships above 501 TRN  
0.10  
 
20 50 
3. Charge on the formalities carried out by the health authorities, capiteniery and other authorities - for ships up to 200 TRN - for ships from 201 up to 500 TRN - for ships from 501 up to 2000 TRN 
- for ships from 2001 to 4000 TRN 
- for ships above 4001  
 
0.25 
100 180 
210 
300   WT/ACC/SPEC/ALB/6/Rev.4 
 Page 29 
 
 
 For each net ton 
of ships register Total for each ship  
The type of charges 
Charges in US Dollars 
4. The ships that load water for export in pl aces outside the harbour, pay harbour charges total 
US$300 for each supply. 
5. Foreign ships pay the harbour charges on hard cu rrency, whereas the juridical and natural persons 
registered in the Republic of Albania pay in hard  currency or Lek in a value equal to the harbour 
charges at the prvailing exchange rates. 
6. Harbour charges are paid at the first entrance of any Albanian harbour, independent of whether 
the ship will go for other commercial transactions in other Albanian harbours during the same 
cruise. 
7. Charges are not based on  an ad valorem basis. 
 
The following Table lists the charges for consular services, including those charges by its consulates 
overseas. 
Table 6: Charges for Consular Services  
Type of consular service charges Fee in $US or Leke 
1. Charges for issuing of visas and other travel documents 
(a) For issuing travel passports 
(b) For issuing travel passports for diplomatic purposes 
(c) Extension of the passport term by diplomatic groups (d) For entrance concession (e) Entrance concession issued by diplomatic groups (f) Visa for foreigners 
(g) Entrance in the territory of the Re public of Albania for foreigners who 
do not a visa 2000 lek 
US$100 
US$30 
200 lek 
US$30 
Reciprocity 
Reciprocity
2. Charges for issuing, verification and legalization of documents (a) Any type of certification issued by missions for Albanian citizens 
(b) Any kind of certification issued by the missions for foreign citizens (c) Any type of attestation issued by the missions for Albanian citizens 
(d) Any type of attestation issued by missions for foreign citizens (e) Verification of documents by missions 
(f) Legalization of documents for Albanian citizens by the Ministry of 
Foreign Affairs (g) Legalization of documents by missions for Albanian citizens (h) Legalization of documents for foreign citizens US$ 30 
Reciprocity 
US$30 
Reciprocity 
US$10 
200 lek 
US$30 
Reciprocity
3. Charges for issuing and drafting of other notary acts and translation of documents by the missions (a) Drafting of declarations, authoriz ations, wills, contracts, guarantees 
and special proxies by missions 
(b) Certification of duplicates and copies 
(c) Translation of documents US$20/page 
US$20/page 
US$10/page
Note : The term mission refers to diplomatic or consular missions outside the country.  The fee may be paid also 
in the local currency according to the prevailing exchange rate. 
 
53. In response to requests for clarification of th e information contained in the preceding tables, 
the representative of Albania stated that none of th e consular fees listed were for authentications or 
certification required for the importation of goods into  Albania.  She also confirmed that the fees 
listed in Tables 4 and 5 above were for services rendered and were the only fees or charges for WT/ACC/SPEC/ALB/6/Rev.4 
Page 30  
 
 services applied to imports into Albania.   The re presentative of Albania stated that any duties and 
charges other than ordinary customs duties and char ges applied to imports after accession would be in 
accordance with the provisions of the WTO Agreement.  The represen tative of Albania also stated 
that, from the date of accession, Albania would not appl y, introduce, or reintroduce customs or other 
fees for "services rendered" that were applied to imports on an ad valorem basis.  Fees applied for import processing or other purposes on imports w ould be applied in conformity with WTO 
obligations, in particular Articles VIII and X of the GATT 1994.  Information regarding the 
application and level of such fees, revenues coll ected and their use, would be provided to WTO 
Members upon request.  The Working Party took note of these commitments.  
 
Application of internal taxes on imports  
Excise tax 
 
54. Some members of the Working Party refe rred to Law No. 7678 dated 3 March 1993 "On 
Excise Taxes in the Republic of Albania" revi sed by Law No. 8247 dated 2 October 1997 "On some 
changes to Law No. 7678" and to the new "Law  on Excise Taxes", No. 8437 dated 28 December 1998 
and “On Some Changes in the Law On Excise Tax, No. 8437 dated 28 December 1998”, No. 8507 
dated 07 July 1999.  They noted, however, that  Albania's proposed excise tax amendments left 
discriminatory rates in place for the following product s:  tobacco and cigarettes, soft drinks, mineral 
and carbonated water, alcoholic beverages and some  petroleum by-products and that Albania had 
stated that it would equalise the level of exci se tax on foreign and domestic goods.  They asked 
Albania to submit a comprehensive report on the scope, level, and status of its current excise taxes, 
listing the products subject to these taxes by product and by HS number; to explain the method of 
excise tax calculation for each product; to explain th e steps to bring the discriminatory excise taxes 
into conformity with GATT 1994 Article III prior to accession, and the time table Albania had for taking such measures.  They also asked for inform ation on Albania's plans to eliminate the tax level 
differences among various distilled alcoholic beverages and cigarettes in conformity with the 
requirements of GATT 1994 Article III. 
 55. In response the representative of Albania said th at Albania had eliminated the discrimination 
in excise tax rates between foreign and Albanian  products in January 1999, according the Law on 
“Excise Tax” No. 8348 dated 28 December 1998.  Sub-categories of excise taxes still existed; 
however, within the Government of Albania,  a professional commission with experts from the 
Ministry of Agriculture and the Ministry of Finance, was in the process of defining such 
subcategories.  Albania confirmed that there w as conformity with Article III of GATT 1994. The  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 31 
 
 
 calculation of the excise tax based on the transactio n value plus customs duty was a simple way of 
calculation suggested by the IMF, in order that  the unification of excise taxes would not be 
accompanied by budgetary implications.  On the ot her hand, the calculation of excise tax for domestic 
products based on retail price without VAT and exci se, was considered as a relatively hard measure 
for those domestic industries, which were either degrading, or at the infant stage.   
56. In response to further questions the representative of Albania stated that the new excise rates 
were implemented by the Law on "Excise Taxes" , No. 8437 dated 28 December 1998 (effective on 
1 January 1999 - made available to members of the Working Party).  Legislation entitled "Some 
Changes to the Law No. 8437 dated 28 December 1998"  had been enacted as Law No. 8507 of 7 July 
1999.  The law had entered into force on 10 Augus t 1999, and had introduced the following excise tax 
rates:   
Table 7:  Excise Tax Rates 
 
Harmonized 
System Code Description of Item Rate of 
Excise  
( per cent) Tax per Unit 
Chapter 24 Tobacco and Manufactured Tobacco Substitutes  
24.03 Tobacco for consumption 60  
24.02 Cigarettes   11 lek/pack 
24.02.10.00 Cigars  2240 lek/kg 
Chapter 22 Beverages, Sprits and Vinegar 
22.03.00 Beer  50  
24.04 Wine with a value up to 300 lek/liter  50 lek/liter 
 Wine with a value more than 300 lek/liter  150 lek/liter 
22.08 Whiskeys, brandies, and similar di stilled alcohol, including Raki (grappa) 
 With a value up to 400 lek/liter  80 lek/liter 
 With a value more than 400 lek/liter  400 lek/liter 
22.09, 22.02 Non-alcoholic beverages 5  
22.01 Bottled natural mineral waters 5  
Chapter 9 Coffee, Tea, Mate, and Spices  
09.01 Coffee 20  
Chapter 27 Mineral Fuels, Mineral Oils  and Products of their Distillation 
27.10 Petroleum sub-products  
 Gasoline up to 89.9 octane 77  
 Gasoline more than 90.0 octane 90  
 Unleaded gasoline 90  
 Gasoil 50  
 Kerosene 80  
 Motor oil 50  
 Lubricating oils 50  
 Other oils 5  
 Other products such as bituminous oil, solvents, etc. 20  
 All other petroleum sub-products* 90  
Chapter 40 Rubber and Articles Thereof 
40.11 New pneumatic tires of rubber  WT/ACC/SPEC/ALB/6/Rev.4 
Page 32  
 
 Harmonized 
System Code Description of Item Rate of 
Excise  
( per cent) Tax per Unit 
 Of a kind used on motor cars (including station 
wagons)  4000 lek/tire 
 Of a kind used on buses and trucks  3000 lek/tire 
 Other  2000 lek/tire 
Chapter 33 Essential Oils and Resinoids; Pe rfumery, Cosmetic or Toilet Preparation 
33.03.00.10 Perfumes 50  
33.03.00.90 Deodorants 50  
Notes:* Liquid gas for household use is exempt from excise taxes. 
 
57. In response to statements from some members of the Working Party that the coverage of 
products could operate in a manner that would subject imported produc ts to higher rates of excise 
taxation than comparable domestic products, the representative of Albania stated that through the 
changes in the law, Albania considered that it had taken into account WTO and GATT principles 
related to discrimination in the application of diffe rential excise tax rates based on distinctions within 
the product groupings.  It was now evident that Alba nia had included Raki, its national spirit, in the 
alcoholic beverage group and it was lis ted as separate.  This was a tec hnical improvement in the law.  
For cigarettes, by including all types in one category, Albania had also complied with WTO and 
GATT 1994 principles.  58. The representative of Albania stated that from the time of accession, Albania would apply its 
domestic excise taxes in strict compliance with Article III of the GATT 1994.  The Working Party 
took note of this commitment. 
 
Value-added tax 
 59. With reference to the Law No. 7928 “On Va lue Added Tax”, some members noted that 
Article 26 provides that the taxable value of importe d goods included tariffs, taxes and duties payable 
upon importation, and asked Albania to provide info rmation as to what was included in the taxable 
value of domestically produced goods in respect of value-added tax and to confirm that there was no 
difference of treatment.  In response, the repr esentatives of Albania said that the Law “On Value 
Added Tax” was in compliance with GATT 1994 and th e WTO Agreement.  According to Article 28 
of the Law, there was no discrimination between  imported and domestic goods and services.  This 
Article was similar to Article 11:A (2.a), of Title VIII of Directive VI of the European Communities, 
which was compatible with Article III of GA TT 1994.  Based on the abovementioned laws and 
articles, Albania confirmed that there was no diffe rence in the treatment of imports and domestic 
goods and services.  In response to further questions the representative of Albania stated that the VAT  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 33 
 
 
 was the final tax applied to imports. It was a broa d base tax which was applied on all sources of goods 
and services.   There were very few exemptions such as the Bank of Albania, Albanian Post, 
humanitarian organizations, diploma tic corps, financial services, and the import and sale of drugs and 
medicines  The representative of  Albania stated that the value of the import to which the VAT was 
applied was the transaction value as stipulated  for excise taxes as discussed in the preceding 
paragraph plus insurance, transpor t, tariffs etc.  There were two methods by which the taxable base 
was determined: 
 (a) In the case of a good that was not subjected to  an excise tax, the taxable base for value-added 
purposes is applied as follows: 
{(V
t + Sh t + S) *  per cent T D + ⏐TD ⏐ } *   per cent VAT. 
 
(b) In the case of a good that was subjected to an excise tax, the taxa ble base with the value-
added tax is applied as follows: 
{[(V t + Sh t + S) *  per cent T D + ⏐TD ⏐ ] *  per cent A +  ⏐A⏐} *   per cent VAT. 
 
The abbreviations are defined as: 
Vt - value of transaction 
Sht - transport expenses 
S - insurance  per cent T
D - percentage of customs duty  
⏐TD⏐- absolute value of the customs duty 
 per cent VAT - percentage of the value-added tax 
 per cent A - percentage of excise tax 
⏐A⏐- absolute value of the excise tax. 
 
60. She also confirmed that the taxable value fo r collection of VAT on locally produced goods 
included the value of goods plus any other obligations  such as taxes, tariffs, etc. (established by law) 
with the exception of the VAT, which was applied on the taxed value of the good.  
 
61. The representative of Albania stated that from the time of accession, Albania would apply the 
VAT in strict compliance with Ar ticle III of the GATT 1994.  The Working Party took note of this 
commitment.  WT/ACC/SPEC/ALB/6/Rev.4 
Page 34  
 
 Quantitative Import Restrictions Including Prohibitions, Quotas and Licensing Systems 
 62. Some members of the Working Party said that the list of prohibited imports of Albania made 
it clear that Albania operated an import licensing regime to address concerns related to threats from imports to plant, animal and human health and safety, even though Albania had stated that it had abolished all import licence requirements along with  quantitative restrictions.  These members asked 
Albania to indicate how the legislative regime for granting import permits and licenses met the 
requirements of the WTO Agreement on Import Licensing, and Albania's plans for enacting provisions in law or regulation.  63. Some members of the Working Party noted that the Memorandum on Import Licensing and 
Prohibition on Importable Products (included as A ppendix I to this Draft Report) described the 
licensing system and the procedures necessary to obtain a licence, together with Albania's justifications for the restrictions.  Some member s noted the requirement that imported medicines and 
drugs must have an import licence, and requested that Albania clarify whether these were automatic 
or non-automatic licenses, the time-frame within wh ich they must be granted, the criteria that the 
imported medicines and drugs must meet to qualify for the licence, and whether Albania had a similar 
registration and licensing system in place for the sa les of domestic production of similar articles.  
Those members also requested similar information in  relation to the licensing regime for pesticides, 
seeds and seedlings, the conditions to be met in or der for seeds to be imported, on what basis  
importation  would not be allowed, why the European Communities had special treatment, the status  for varieties originating in Asia and North America,  and for new varieties of seeds and seedlings.  In 
their view, this process appeared to be incons istent with GATT 1994 Article I since it afforded 
preferential treatment for the importation of seed s and seedlings from the European Communities and 
discriminated against products from other origins.  It also appeared to be inconsistent with GATT 
1994 Article XI by effectively imposing a ban on seed s and seedlings not listed in the catalogue.  In 
their view, this process constituted a form of non-au tomatic licensing as described in Article 3 of the 
Agreement on Import Licensing Proce dures.  Those members also requested that Albania establish a 
transparent licensing system that identified the produ cts covered, the reasons for restrictions and the 
criteria for obtaining an import licen ce.  Lacking justification consiste nt with the requirements of the 
SPS Agreement, such as conducting an appropriate  risk assessment, dem onstrating scientific 
evidence, and ensuring that measures are app lied in a non-discriminatory manner, Albania's 
restrictions or requirements on seeds and seedlings were not justified.  Albania was also asked 
whether the licensing procedures for imports and expo rts of live animals and for imports of seeds and 
seedlings were statistical or restrictive and if there were any quantitative criteria; if  permission was denied how could applicants appeal the decision, etc.  Finally, Albania was asked to provide an  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 35 
 
 
 exhaustive list of products that are submitted upon im portation to quantitative restrictions, licensing or 
special authorisation requirements, or special technical requirements. 
 
64. In response the representative of Albania submitted a Memorandum on Restrictions and 
Prohibitions for Importable Products (WT/ACC/AL B/35/Rev.1) which listed the products requiring 
import licensing, together with the respective justif ications and the process to obtain licenses.  These 
products included arms and munitions (and parts or accessories thereof); explosives, pyrotechnic 
products, matches, pyrophoric alloys; nuclear mate rials; non-dangerous waste; narcotic drugs and 
psychotropic substances; pharmaceutical products ; seeds and seedlings; pesticides; live animals and 
livestock products; fish and seafood products; eggs; woo l; and leather.  The registration process (and 
the right to engage in some trading activity) with the Tax Office was a one-time process and was 
applied to both foreign and domestic firms or indivi duals. Prior to applying for a licence a person or 
enterprise was required to be registered with the Court of First Instance to become a natural or 
juridical subject, and then to be registered with the proper Tax Office.  The tax registration process 
also registers the individual/firm as having the right to engage in specific trading activity (i.e., import, 
export, transport or other marketing activities).  For those items listed above, licensing was required 
each time one imported (rather than multiple imports during the course of a specified period, e.g., one 
year).  These cases applied only to livestock and li vestock products; pesticides; and fish and seafood 
products.  The tables therein also listed prohib itions on importable products . The items concerned 
included dangerous waste, poisons, narcotic drugs, psychotropic subs tances, certain animal products, 
seeds and seedlings etc.  She reconfirmed that th ere were no quotas on imports of live animals, seeds 
and medicines/drugs and added that there were  no non-tariff measures other than those measures 
described in the Memorandum on import licensing and prohibitions on importable products.  
65. In response to further questions, the representativ e of Albania stated that members’ concerns 
would be addressed by the amendment of the following legislation:  "On Seeds and Saplings" (No. 7659 12 January 1993);  "Law on Veterinary  Services" (No. 7674 23 February 1993);  "Law on 
Plant Protection Services" (No. 7662 19 January 1993);  and an  Order of the Minister on "Creation of 
Inter-Agency Working Group for the Decisions of th e Council of Ministers for the Approving of the 
Import Licensing Agreement of the WTO" (No. 55 24 August 1999); "Decision of the Council of Ministers for the Approving of the Import Licensing Agreement of the WTO" No. 468 dated 6 October 1999.  The Decision was a word-for-word copy of the WTO Agreement on Import Licensing Procedures.  Therefore, all the necessar y amendments had been enacted. The representative 
of Albania confirmed that, after accession, Al bania would have recourse to quantitative import 
restrictions only in situations permitted by the WT O Agreement, and in particular, from the date of 
accession, Albania would not introduce, re-introduce or apply quantitative restrictions on imports, or WT/ACC/SPEC/ALB/6/Rev.4 
Page 36  
 
 other non-tariff measures such as licensing, quotas, pr ohibitions, bans and othe r restrictions having 
equivalent effect that could not be justified under the provisions of the WTO Agreement.  If balance-
of-payment measures were ever necessary in the future, Albania would impose them in a manner 
consistent with the relevant WTO provisions, including Article XII of the GATT 1994 and the 
Understanding on Balance-of-Payment s Provisions of the GATT 1994.  The Working Party took note 
of these commitments. 
 Customs Valuation 
 
66. Some members of the Working Party asked Albania to give a status report on the efforts to 
bring the customs valuation regime into line w ith the WTO Agreement on the Implementation of 
Article VII of the GATT 1994, in particular, to list al l relevant legislation and regulations in place, to 
indicate when minimum import prices were fully abolished and replaced by use of the transaction 
value and the hierarchy of alternative valuation meth ods listed in the Agreement, and to confirm that 
the seven prohibited valuation methods provided for in  Article 7 of the Agreem ent had been abolished 
in Albania's customs valuation regime.  In respon se the representative of Albania said that according 
to the Law “On the Customs Code of the Republic of Albania”, No. 8449 dated 27 January 1999, the 
practice of minimum pricing had ceased.  In Chapte r 3, Article 33-40 customs valuation was defined 
in compliance with WTO procedures.  A copy of th e Customs Code had been submitted to the WTO.  
An earlier "Customs Procedures Code" had been repl aced by a Decision of the Council of Ministers, 
"Implementing Procedures of the Customs Code", No. 205 dated 13 April 1999.  A copy of the "Implementing Procedures of the Customs Code" w as made available to members of the Working 
Party.  The representative of Albania stated th at from 15 May 1999, Albania had been in full 
conformity with the requirements of the Agr eement on Implementation of Article VII of the 
GATT 1994, with the entry into force of the Customs Code and the Implementing Provisions of the 
Customs Code.    67. The representative of Albania noted that the a ppeals process for customs valuation decisions 
apply to Articles 19 and 20 of the Customs Code.  If a trader did not agree with a customs 
administrative decision, the trader could appeal to the Chief of the Customs Office in the Field.  A 
subsequent appeal could then be made within 10 days from the day of notification to the General 
Directorate of Customs.  The Director General was required to take a decision within 20 days from 
the date the appeal was received.  In the event that the Director General of Customs failed to take a 
decision, the request was presumed to have been acce pted.  According to Article 289, if the Director 
General rejected the appeal, the trader could appeal  to the Courts, subject to the usual procedures  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 37 
 
 
 based on the relevant articles of the Civil Code of the Republic of Albania and the relevant articles of 
the Code of Civil Procedures described earlier in this Report.  
 
68. Some members of the Working Party asked Albani a to alter its domestic law and regulation to 
provide that in implementing the WTO Agreement on the Implementation of Article VII of the GATT 
(Customs Valuation), the customs value for duty purposes of cinematographic films so that it would 
not include royalties or licensing fees paid by the buye r for the right to distribute or reproduce these 
imports.  The Representative of Albania noted that  Albania would amend Article 37 of the Law “On 
the Customs Code of the Republic of Albania”, No. 8449 dated 27  January 1999, and Chapter II of 
the Decision of the Council of Ministers, “Impleme nting Procedures of the Customs Code”, No. 205, 
13 April 1999 to reflect that Albania would not include royalties or licensing fees in the customs 
valuation of cinematographic films.   
 69. The representative of Albania further noted that the provisions of the Agreement on the 
Customs Valuation had been fully enforced in Al bania from 15 May 1999 and were used to determine 
the value of imported goods when they cannot be de termined under Articles 34 or 35.  She added that 
Albania was committed to applying the Interpretiv e Notes of the Customs Valuation Agreement in 
Annex 6 of the Implementing Provisions of the Custom s Code.  She noted also that provisions related 
to the determination of customs value of carrier  media for use in data processing equipment and 
bearing data or instructions were set out in Artic le 39 of the Customs Code and in Article 79 of the 
Implementing Provisions of the Customs Code, copies of which were also made available to members 
of the Working Party.  In addition, she confirmed that Albania did not intend to include royalties or 
licensing fees for the right to reproduce or distribu te cinematographic films imported into Albania in 
the calculation of the price paid or payable in determ ining the transaction value.  Prior to the date of 
its accession, Albania would enact and implement legislation amending the “Law on Customs Code of 
the Republic of Albania”, No. 8449 dated 27  January  1999 and the “Implementing Provisions of the 
Customs Code”, Decision of the Council of Ministers, No. 205 dated 13 April 1999 to provide that such charges would not be added toward the dutiable value of the imported films. 
 
70. In response to further questions, the representativ e of Albania clarified that the Customs Code 
provided the following provisions.  Article 38 of the Customs Code did not deal with deductive value, 
rather it concerned elements that should not be included in the customs value when the transaction 
value method was used.  Article 64 of the Implem enting Provisions of Customs Code implemented 
the Interpretative Note of Article 5 of the Customs Valuation Agreement.  She further noted that the 
implementing provision for Article 7.3 of the Customs Valuation Agreement was found in the 
“Implementing Provisions of the Customs Code”.  Ar ticle 81 (2) of those Provisions defined "related WT/ACC/SPEC/ALB/6/Rev.4 
Page 38  
 
 parties" and when the  “fall-back” method should be  used because the declared  customs value was not 
acceptable.  Article 9 of the Customs Valuation Ag reement was reflected in Article 40 (3) of the 
"Implementing Provisions".  This Article provided that the exchange rate to be used was that applying 
when the goods were declared for import.  
 
71. Concerning the taking of a security, the represen tative of Albania stated that Article 111 of 
the Customs Code did not require that the guarantee be deposited to ensure any customs debt that may 
result because of the differences in  defining the customs value.  Article 111 provided that a security 
could be requested as a condition for the suspension of customs clearance of the goods. Guarantees of 
debts were covered in Article 99 of the Customs Code .  The Code stated that imported goods could be 
released only if the importer guaranteed the customs office that he can pay all debts for customs purposes in the future. 
 
72. In response to further questions from members of the Working Party, the representative of 
Albania stated that Albania would modify its Implementing Provisions of the Customs Code to 
include the word-for-word text of the WTO Customs Valuation Agreement so that the importer would 
be informed in writing of the customs value dete rmined under the "fall-back method" and the method 
to be used to determine the value as set fort h in Article 7.3 of the WTO Customs Valuation 
Agreement.   In addition, an amendment to the Customs Code had included the word-for-word text of 
Article 9 of the WTO Customs Valuation Agreement.  This ensured that Albania met the transparency 
obligations with regard to currency conversions by confirming a trade at the time of importation.  In 
the Implementation Provisions of the Customs Code, the representative of Albania noted that there 
were conditions for when the customs author ities required a security.  These conditions were 
published, and were the responsibility of the 300 la wyers who worked as Customs Agents who were 
to report on these documents as descr ibed in the Customs Code and the Implementing Provisions of 
the Customs Code.  This practice fulfilled th e transparency obligations under Article 12. 
 
73. The representative of Albania committed that Albania had implemented a Decision of the 
Council of Ministers, Decision No. 516 dated 14 October 1999 entitled “On Some Changes to the 
Decision of the Council of Ministers On the Implem enting Provisions of the Customs Code, No. 205 
dated 13 April 1999”.   This legislation would en sure that the Implementing Provisions of the 
Customs Code would be in compliance with The Interpretive Note to Article 5.8 of the WTO 
Valuation Agreement; Article 7.3 of the WTO Valu ation Agreement; Article 9 of the WTO Valuation 
Agreement.  Albania would  provide confirmati on that it had published the implementing provisions 
explaining when "the customs authorities require th e provision of a security" in order to fulfill its  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 39 
 
 
 obligations under Article 12 of th e Customs Valuation Agreement.  The Working Party took note of 
these commitments. 
 
74. The representative of Albania confirmed that, from the date of accession, Albania would 
comply with the WTO provisions concerning custom s valuation, including in addition to the 
Agreement on the Implementation of Article VII of  the GATT 1994, the Inte rpretive Notes to that 
Agreement, and the provisions for the Valuatio n of Carrier Media Bearing Software for Data 
Processing Equipment.  In accordance with these latter  provisions, only the cost of the carrier medium 
itself would be accounted for in the customs value (D ecision 4.1).  She added that, as an international 
agreement, the provisions of the WTO Agreement on the Implementation of Article VII of the GATT 
1994 would supersede domestic law upon accession.  The Working Party took note of these 
commitments. 
 75. The representative of Albania stated that Albania approved a Decision of the Council of 
Ministers entitled “On Some Changes to the Decision of the Council of Ministers On the 
Implementing Provisions of the Customs C ode, No. 205 dated 13 April 1999”, No. 516 dated 
14 October 1999  which served as an amendment to  the Implementing Provisions of the Customs 
Code.  The modification in the implementing prov isions of the Customs Code included a word-for-
word text of the Interpretive Note to Article 5. 8 of the WTO Customs Valuation Agreement, which 
provided that local taxes payable by reason of th e sale of the goods for which a deduction was not 
made under Article 5.1(a) (iv) (deduction for customs duties and national taxes by reason of 
importation) shall be made under Article 5.1(a)(i) (deductions for commissions or profit and general 
expenses).  She further confirmed that prior to  Albania’s accession to the WTO, both the Law on 
Customs Code of the Republic of Albanian, No. 84 49 dated 27  January 1999 and the Decision of the 
Council of Ministers, No. 205 dated 14 April 1999 w ould be amended to provide that the transaction 
value of cinematographic films imported into Albani a would not include royalties and licence fees for 
the right to reproduce or distribute them, and that  such changes would not be added toward their 
dutiable value.  The Working Party took note of these commitments. 
 Rules of Origin 
 
76. Some members of the Working Party requested in formation about the elaboration of rules of 
origin in Albania.  In response th e representative of Albania said that with regard to rules of origin, 
the Customs Code, Law no. 8449 of 27 January 1999,  Chapter 2, Article 29-32, described the 
procedures to define origin of imported and e xported products into and out of the Republic of 
Albania. WT/ACC/SPEC/ALB/6/Rev.4 
Page 40  
 
  
77. The representative of Albania further added that  the Implementing Provisions of the Customs 
Code dealing with customs valuation (Articles 54 -81); rules of origin for non-preferential trade 
(Articles 44-46 and Annex 3) ; and rules of origin for preferentia l trade (Articles 47-53 and Annex 4) 
had been enacted and were made availa ble to members of the Working Party. 
 
78. Some members of the Working Party requested information on how the implementing 
provisions incorporated, either for non-preferential or  preferential rules of origin, the requirements of 
Article 2(h) and Annex II, paragraph 3(d) respec tively of the Agreement on Rules of Origin, which 
require that the Customs provide an assessment of the origin of the import upon the request of an exporter, importer or any person with a justifiable cause.  Those members noted that those provisions 
also required that requests for such assessments be accepted befo re trade in the goods concerned 
begins and that their assessments be binding for thre e years.  The representative of Albania stated that 
with the approving of the Decision of the Council of Ministers entitled "For Approving the Rules of Origin of the WTO", No. 435 dated 09 September 1999 Albania had achieved full conformity with the 
WTO Agreement on Rules of Origin.  That Decision  was a word-for-word copy of the WTO Rules of 
Origin Agreement, and would serve  as an approved amendment to th e Implementing Provisions of the 
Customs Code (No. 205 of 13 May 1999).    
79. The representative of Albania stated that from the date of accession Albania preferential and 
non-preferential rules of origin would comply fully  with the WTO Agreement on Rules of Origin.  
The requirements of Article 2(h) and Annex II, Para graph 3(d) of the Agreement would also be fully 
implemented prior to accession.  She also stated th at in any event, from the date of accession the 
Customs would provide an assessment of the origin  of the import upon the request of an exporter, 
importer or any person with a justifiable cause.  Any request for such an assessment would be 
accepted even before trade in the goods concerned be gan.  Any such assessment would be binding for 
three years. The Working Party took note of these commitments. 
 Pre-Shipment Inspection 
 
80. With reference to pre-shipment inspection,  some members of the Working Party asked 
Albania to describe what services were provided, whether or not mandatory, how the Government of 
Albania contracted these services a nd disciplined these activities, the co st structure for traders making 
use of any mandated PSI services and whether Albani a was prepared to take responsibility for the 
activities of the PSI enterprises that operated in its name and to ensure that they observed WTO  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 41 
 
 
 provisions.  In response the representative of Alba nia said that Albania did not currently use the 
services of any pre-shipment inspection firm.  Howe ver, she noted that the “Law on Customs Code of 
the Republic of Albania”, No. 8449 dated 27 Jan uary 1999, Articles 11(4)  and 25 permitted the 
Government of Albania to engage such a service, if  required.  She noted however, that Albania had no 
current intentions to use the services of a pre-shipment inspection firm.   
81. The representative of Albania stated that if Al bania in the future engaged the services of a 
pre-shipment inspection service provider Albania would ensure that the requirements of the 
Agreement on Preshipment Inspection were impl emented in full. Albania would take full 
responsibility to ensure that such enterprises operati ng on its behalf complied with the provisions of 
WTO Agreements.  Decisions by such firms could be appealed by importers in the same way as 
administrative decisions taken by the Albanian go vernment.  Any pre-shipment inspection regime 
would be temporary and would only operate until such  time as the Albanian Customs authorities were 
able to carry out such functions.  The Wo rking Party took note of these commitments.   
 
Anti-Dumping, Countervailing Duties  
 
82. Some members of the Working Party asked for information on the status of Law No. 7609 
"On Customs Tariffs" which provided for special customs duties, anti-dumping duties and 
countervailing duties and asked Albania to provide an  update of the legisla tion on anti-dumping and 
countervailing duties.  In response the representative of Albania said that the Law on Anti-Dumping was before the Parliament and was enacted as the Law “On Anti-Dumping”, No. 8466 dated 24.03.99.  
Some members of the Working Party stated that they considered that the Law “On Anti-Dumping” 
was not in conformity with the requirements of the WTO Agreement.  The representative of Albania 
stated that further subsidiary implementing legisl ation was in the course of preparation, including 
Decisions on:  "The Organization and Function of the Anti-Dumping Office";  "The Definitions and 
Fulfilment of the Application Forms;  "The Cont ent of the Public Notice for the Initiation of the 
Investigation";  "The Confidential Information";  "The Public File (Registry) of the Anti-Dumping 
Office"; and "The Notice of the Final Decisions".  A ll those decisions were expected to be enacted by 
the end of 2000.    83. The representative of the Government of Albani a also noted that work on the drafting of 
legislation on countervailing du ties had been suspended.  
 
84. The representative of Albania confirmed that Al bania would not apply any anti-dumping, or 
countervailing measures until it had notified  and implemented all appropriate laws  in conformity with WT/ACC/SPEC/ALB/6/Rev.4 
Page 42  
 
 the provisions of the WTO Agreements on the impl ementation of Article VI, and on Subsidies and 
Countervailing Measures.  Albania would ensure th at any legislation concerning anti-dumping or 
countervailing duties was in full conformity with th e relevant WTO provisions , including Article VI 
of the GATT 1994 and the Agreements on the Impl ementation of Article VI and the Agreement on 
Subsidies and Countervailing Measures.  After such legislation was implemented, Albania would also 
apply any anti-dumping duties, countervailing duties and safeguards measures in full conformity with 
the relevant WTO provisions.  The Working Party took note of these commitments.   
 
Safeguards Regime 
 
85. Some members of the Working Party asked for information on any legislation concerning the 
imposition of safeguard measures.  In response the representative of Albania said that work on the 
drafting of legislation for safeguard  measures had been suspended.  
 86. The representative of Albania confirmed that Albania would not apply any safeguard measure 
until it had notified and impl emented appropriate laws  in conformity with the provisions of the WTO 
Agreements on Safeguards. Albania would ensure th at any legislation concerning safeguard measures 
was in full conformity with the relevant WTO provisions , including XIX of the GATT 1994 and the 
Agreements on Safeguards.  If such legislation w as implemented, Albania would also apply any anti-
dumping duties, countervailing duties and safeguards measures in full conformity with those same 
WTO provisions.  The Working Party took note of these commitments.   
 
Export Regulations 
 
Customs tariff nomenclature, types of duties, etc.   
 
87. Some members of the Working Party asked whet her Albania had export taxes, requested the 
WTO justifications for maintaining export proh ibitions on wood and w ood products and on metal 
waste and scrap.  They asked Albania to confirm that there were quantitative export restrictions on 
firewood, unprocessed wood, sawed wood and beams;  waste and scrap precious metals; waste and 
scrap iron, steel, nickel, lead, zinc, tin and copp er, waste and scrap aluminium (except for waste 
aluminium packaging, such as alum inium cans for soft drinks which had been imported); and ingots 
and to give a WTO-compatible justification for the restrictions or to indicate how Albania intended to 
amend these measures to bring them into conformi ty with WTO provisions.  The representative of 
Albania said that Albania had no export taxes.  She noted that Albania's Memorandum on Export Licensing and Prohibitions on Exportable Products (WT/ACC/ALB/34/Rev.1), the export prohibitions  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 43 
 
 
 on wood and wood products were related to the implementation of the Law “On Forestry” and the 
establishment of the responsible institutions for the forestry's administration, control and services.  
The export prohibitions on all kinds of metal waste an d scrap were aimed to prevent the exportation of 
these commodities before the privatization of all th e industrial enterprises was concluded.  However, 
Albania eliminated export prohibitions with passing Decision of the Council of Ministers “For the Export-Import of Goods from and into the Republic of Albania, No. 450 dated 16 September 1999. 
The items still subjected to export licenses were arms and ammunitions, explosives, pyrotechnic 
products, pyrophoric alloys, firearms, modern works of  art etc. The ban on the export of works of art 
and antiques would not be phased out in order to pr otect the cultural heritage and  integrity of the 
Republic.   
88. The representative of Albania later stated that the export prohibition on preparation of fish 
products, crustaceans, molluscs, etc. was due to the International Organization for Epizootics listing 
of Albania on countries with diseases from List A.  The ban was not a unilateral measure taken by the 
Government of Albania.  The same explanation ap plied to the prohibition related to the residue and 
waste from prepared animal food.  
 89. The representative of Albania stated that all decisions of the Council of Ministers on export 
prohibitions related to tariff lines under HS Chap ters 41.01-41.03, Chapter 72.04 and Chapter 74.01-
74.19 would be repealed by the end of September 1999, in order to comply with WTO provisions on 
export restrictions.  The representative of Albania confirmed that from the date of accession the 
following products would be subject to export licen sing: 93.01 - 93.07 (arms and munitions, parts and 
accessories thereof); 36.01 - 36.06.90.90 (explos ives, pyrotechnic products, matches, pyrophoric 
alloys); 97.01 - 97.06 (modern works of arts).  The export licensing regime for the above-mentioned 
goods was in place for the following purposes, adhere nce to international commitments related to 
non-proliferation, mass destruction and production of  technologies thereof; to prevent trade of said 
products to hostile nations subjected to international bans; to protect the cultural integrity and heritage 
of the Republic.   
 
90. The representative of Albania confirmed that at  the time of accession any remaining export 
control requirements in place would be fully co nsistent with WTO provi sions, including those 
contained in Articles XI, XVII, XX and XXI of the GATT 1994.  In this regard , Albania had lifted the 
export bans on items listed in the document WT /ACC/ALB/34/Rev.1, with the Decision of the 
Council of Ministers “For the Export-Import of Goods from and into the Republic of Albania”, 
No. 450 dated 16 September 1999.  The representative of Albania stated that from the date of WT/ACC/SPEC/ALB/6/Rev.4 
Page 44  
 
 accession export restrictions would only be imposed in conformity with the WTO Agreement.  The 
Working party took note of these commitments. 
 Export Subsidies 
 
91. Some members of the Working Party asked Al bania to confirm that Albania had no export 
subsidies.  In response the representative of Albania said that Albania did not maintain export 
subsidies of any sort on industrial products or agricultural commodities.    92. The representative of Albania stated that from the date of accession Albania would not 
maintain subsidies including export subsidies which met the definition of a prohibited subsidy, within 
the meaning of Article 3 of the Agreement on Subsidies and Countervailing Measures and that it 
would not introduce such prohibited subsidies in th e future.  The Working Party took note of these 
commitments.  
 Internal Policies Affecting Trade in Goods  
 Industrial policy, including subsidies  93. The representative of Albania informed members of the Working Party that Albania did not 
administer any subsidies prohibited by the WTO Agreement.   
 
94. The representative of Albania confirmed that  any subsidy programmes provided by the 
Government after accession would be administered in line with the Agreement on Subsidies and 
Countervailing Measures and that all necessary in formation on notifiable programmes would be 
notified to the Committee on Subsid ies and Countervailing Measures in accordance with Article 25 of 
the Agreement upon entry into force of Albania' s Protocol of Accession.  The Working Party took 
note of these commitments.  
 
Technical Barriers to Trade 
 
95. Some members of the Working Party asked Albania to provide an update on progress in 
implementing the TBT Agreement and a commitment that the Agreement would be fully implemented 
as from the date of Albania's accession to the WT O.  In response the representative of Albania 
provided the following table in document WT/ACC/ALB/32/Rev.3:   WT/ACC/SPEC/ALB/6/Rev.4 
 Page 45 
 
 
 Table 8  
1.  The Law on Standardization provides for Standstill: 
the introduction of new standards, technical regulations and conformity assessment procedures should be fully compatible with the TBT Agreement principles. 1.  Generally agreed principle in WTO  
accession negotiations. 
2.  The Law on Standardization and the four Decisions of the Council of Ministers that follow assure compliance with TBT: (1) the "Code of Good Practice for the Adoption and Application of Standards", Decision of the Council of Ministers, No. 242 dated 28 May 1999; (2) 
Criteria and Competencies in the Fields of 
Standardization, Certification, and Accreditation, No. 371 dated 4 August 1999; (3) Exchange of Information on Standards and Technical Regulations, No. 372 dated 4 
August 1999; and (4) the Preparation, Adoption and 
Application of Technical Regulations and the Procedures 
for Assessment of Conformity with Technical Regulations and Standards, No. 323 dated 08 July 1999 2.  Article 15.2 and TBT Committee 
Decision (G/TBT/1) 
All Decisions of the Council of Minister s have been approved and are in force. 
3.  By Order of the Prime Minister, No. 36 dated 
06 May 1999, (Paragraph 7) it is officially established 
that Albania will have one enquiry point for information on standards and technical regulations to be in compliance with SPS and TBT.  The location of the enquiry point is as follows:   
Directorate for Standardization 
Rr. "Mine Peza", Nr. 143/3 Tirana, ALBANIA + 355-42-47176 telephone + 355-42-26255 fax 
dsc@icc.al.eu.org e-mail 3.  Articles 10 
 
 
The Directorate of Standardization, with its au thority and responsibility to operate a single unit 
enquiry point, was a fully operational single unit enquiry point.  Notifications on SPS and TBT had 
been submitted to the WTO and circulated. 
4.  Relevant ministries (Ministry of Agriculture and 
Food, Ministry of Health, Ministry of Labor and 
Immigration, Ministry of Public Works and 
Transportation, Ministry of Education and Science) will be the authorities responsible for notification, publications and other internal procedures to ensure that transparency obligations are met on an ongoing basis: 4.  Article 2,3,5,7,10,15.2,  
Annex 3 and G/TBT/1 
 
(A) the Decision of the Council of Ministers on the 
Preparation, Adoption and Application of Technical Regulations and the Procedures for Assessment of 
Conformity with Technical Regulation and Standards 
will define the publications where notices of proposed technical regulations and conformity assessment procedures will appear; (A) Articles 2.9.1,3.1,5.6.1,7.1,10.1.5 WT/ACC/SPEC/ALB/6/Rev.4 
Page 46  
 
 (B) the Directorate for Standardization will be the 
authority responsible for making the notifications to the WTO, Order of the Prime Minister, No. 36 dated 06 May 1999, (Paragraph 7); (B) Articles 2.9.2, 2.10.1, 3.2,3.3,5.6.2, 
5.7.1,7.2,7.3,10.7,10.10  
(C) the Decision of the Council of Ministers on the Preparation, Adoption and Application of Technical Regulations and the Procedures for Assessment of 
Conformity with Technical Regulation and Standards 
will give guidance for ensuring non-discrimination consideration of comments in the preparation of a final regulation and will define the responsible authority; and (C) Articles  
2.9.4,2.10.3,3.1,3.35.6.4,5.7.3, 7.1,7.3  
(D) the Decision of the Council of Ministers on the Preparation, Adoption and Application of Technical Regulations and the Procedures for Assessment of Conformity with Technical Regulation and Standards 
will define a reasonable period of time between the final 
publication of a technical regulation and conformity assessment procedure and its entry into force so that suppliers can adapt; (D) Articles 2.11,2.12,3.1,5.8,5.9, 7.1 
 
(E) with regard to standards,  the adopted code, letter "J", 
will be published by the Directorate of Standardization will provide notification of draft standards and provide an opportunity for public comment. (E) Article 4, Annex 3 (J,K,L,N,O); 
Article 8.1 
5. Development and Application of Technical Regulations and Conformity Assessment Procedures: existence of legal and/or administrative underpinnings 
(or "reasonable measures" as appropriate) to ensure 
ongoing compliance with provisions of the agreement concerning, in particular: 5.  Articles 2, 3, 5, 6, 7 
(A) the Albanian Law on Standardization, Article 4, 
provides for non-discrimination with respect to treatment of products and the Decision of the Council of Ministers on the Preparation, Adoption and Application of Technical Regulations and the Procedures for 
Assessment of Conformity with Technical Regulation 
and Standards; (A) Articles 2.1, 3.1, 5.1, 5.2, 7.1 
(B) the Albanian Law on Standardization, Article 4, and 
the Decision on the Preparation, Adoption and 
Application of Technical Regulations and the Procedures for Assessment of Conformity with Technical Regulation and Standards provides for the prohibition of unnecessary obstacles to international trade and the consideration of less trade-restrictive alternatives to 
fulfilling legitimate objectives; (B) Articles 2.2, 3.1, 5.1, 5.2, 7.1 
(C) the Decision on the Preparation, Adoption and 
Application of Technical Regulations and the Procedures 
for Assessment of Conformity with Technical Regulation and Standards will provide for ongoing review of technical regulations to ensure they are appropriate to achieve the desired legitimate objective; (C) Articles 2.3, 3.1, 7.1  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 47 
 
 
 (D) the Law on Standardization, Article 4, and the 
Decision on the Preparation, Adoption and Application of Technical Regulations and the Procedures for Assessment of Conformity with Technical Regulation and Standards provides for the consideration of 
appropriate international standards, guides and 
recommendations as a basis for technical regulations and conformity assessment procedures; (D) Articles 2.4, 3.1, 5.4, 7.1 
 
(E) the Decision on the Preparation, Adoption and Application of Technical Regulations and the Procedures for Assessment of Conformity with Technical Regulation and Standards will provide for the consideration of equivalent technical regulations of other Members; (E) Articles 2.7, 3.1, 7.1 
 
(F) relevant ministries can take the decision to accept the results of conformity assessment procedures conducted 
by bodies in an exporting Member country as well as the 
Decision on the Preparation, Adoption and Application of Technical Regulations and the Procedures for Assessment of Conformity with Technical Regulation and Standards; and (F) Articles 6, 7.1 
 
(G) relevant ministries will implement a non-discriminatory and a cost-based fee structure as well as the Decision on the Preparation, Adoption and Application of Technical Regulations and the Procedures 
for Assessment of Conformity with Technical Regulation 
and Standards. (G) Articles 5.2, 7.1, 10.4 
6.  Development and Application of Standards and 
Conformity Assessment Procedures: Existence of legal and/or administrative underpinnings (or "reasonable measures" as appropriate) to ensure ongoing compliance with provisions of the agreement concerning, in particular: 6.  Article 4 and Annex 3, Article 8 
(A) the Law on Standardization, Article 4, and the 
Adopted Code provide for non-discrimination with 
respect to the treatment of products; (A) Annex 3 (D), Article 8.1 
(B) the Law on Standardization, Article 4, and the 
Adopted Code provide for the prohibition of unnecessary 
obstacles to international trade; (B) Annex 3 (E), Article 8.1 
 
(C) the Law on Standardization, Article 4, and the Adopted Code provide for the consideration of 
appropriate international standards, guides, and 
recommendations as basis for standards; (C) Annex 3 (F), Article 8.1 
 
(D) the Adopted Code provides non-discriminatory and 
cost-based fee structure. (D) Annex 3 (M), Annex 3 (P), Articles 
8.1, 10.4 
 
96. The representative of Albania noted the passing of the new Law “On Standardisation”, 
No. 8464 dated 11 March 1999 and the Decisions of the Council of Ministers, "The Preparation, 
Adoption and Application of Technical Regulations and the Procedures for Assessment of Conformity 
with Technical Regulations and Standards", No . 323 dated 08 June 1999.  In the new Law “On 
Standardisation” the definitions of standards and t echnical regulations were those given in Annex 1 of WT/ACC/SPEC/ALB/6/Rev.4 
Page 48  
 
 the TBT Agreement "Terms and their Definitions for the Purpose of this Agreement".  All standards 
would be voluntary and technical regulations mandatory.  In accordance with the Albanian 
Constitution, when a treaty or international agreem ent such as the WTO Agreement was ratified by 
the Parliament of Albania, the provisions of th e international agreement (i.e., the WTO Agreements) 
will supersede the Law “On Standardization”.  Th is implied that the Albanian standards would 
become voluntary.  Only up until the time of accession can ministries or other regulatory bodies, 
during the drafting of technical regulations, declare mandatory those standards which deal with health 
and safety.  Standards would be applied to foreigne rs and local producers in compliance with national 
treatment.  Technical regulations would be used to protect human, animal or plant life or health or 
environment without being more trade-distorting than necessary.    
97. The representative of Albania stated that the work  of the General Directory of Standardisation 
(GDS) would be based on the adoption of internatio nal (ISO) and regional (EN) standards.  In 1990, 
Albania had not adopted any foreign standards; in 1998 the Republic of Albania had adopted 52 ISO, 
4 IEC, 147 EN, and 62 standards from other States.  The goal was to reduce the creation of national 
standards and to increase the adoption of internatio nal standards.  Accreditation would be based on 
European standards series 45,000.  For certificati on, however, foreign certification bodies could carry 
out certification activities in Albania.  The GDS was a full member in ISO and an affiliate member in CEN.  In the future, the GDS would be a member  of IEC and CENELEC.  In the preparation of 
standards, the emphasis was on product performance re quirements rather than on design or descriptive 
requirements.  The process of preparation of standards was open, transparent and free from commercial influence.   98. The representative of Albania noted that an Information Centre for Standards had been 
created in compliance with the TBT Agreement requirement of an enquiry point.  By an order of the 
Prime Minister of Albania, No. 36 dated 6 May.1 999, paragraph 7, the enquiry point for TBT and SPS 
was at the General Directorate for Standardizati on.  The addressed was as follows: Rr.”Mine Peza”, 
Nr.143/3, Tirana, Albania, Tel. + 355 42 47176, Tel. & Fax. + 355 42 26255, E-mail: 
dsc@icc.al.eu.org.  Albania had notified the WTO Secretariat of this decision and provided all the 
relevant information.  The Information & Sale Ce nter of this Directorate would act as the enquiry 
point.  This point was thus already operational.   99. The representative of Albania added that the C ode of Good Practice for Preparation, Adoption 
and Application of Standards had been translated  into Albanian and had been adopted through the 
Decision No. 242 dated 28 May 1999.  All of the WT O requirements on TBT had been enacted as set 
out in Table 7 above.  She noted in particular th e passing of the "Law on Standardization", No. 8464  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 49 
 
 
 dated 11 March 1999 and the passing of the Decisi ons of the Council of Ministers listed in 
WT/ACC/ALB/40 and WT/ACC/ALB/32/Rev.3:  No. 323 dated 8 July 1999, entitled "Preparation, 
Adoption and Application of Technical Regulations  and Procedures for Assessment of Conformity 
with Technical Regulations and Standards"; No . 371 dated 4 August 1999, entitled "Criteria and 
Competencies in the Fields of Standardization, Certification, and Accred itation"; and No. 372 dated 
4 August 1999, entitled "Exchange of Information on Standards and Tec hnical Regulations".  Finally, 
she noted that Albania had its single unit enqu iry point fully operationa l and in place and had 
submitted notifications on TBT measures.    100. The GDS had prepared the Decision of the Council of Ministers Council of Ministers "For the 
Approval of the Code of Good Practice for Adopti on, Approval and Application of Standards" to 
ensure that all remaining activities would be in compliance with the requirements of the Agreement 
on TBT.  She added that accreditation would be a sep arate activity in the future and this was linked 
with the starting of the accreditation of certificati on bodies, in addition to testing laboratories.  For 
separating these activities Albania would need about two years, depending on  economic 
developments and  Albania's situati on.  Standardisation was a separate  activity from certification.  The 
standards process was open and every natural or juri dical subject could participate in the technical 
committee for standards, if interested.  Some fo reign companies participated in the technical 
committee.  Draft standards were published and the comments period was from three to six months.   
 
101. Regarding certification, the representative of Albania noted that the market was open for 
other third party certification bodies.  The Law “On Standardisation” ha d charged the national 
standards body to carry out certification, but did not forbid other certification bodies from carrying out this activity in Albania.  The national st andards body would become independent from the 
Government when the economic operators in Al bania were interested in supporting this body 
financially.  The goal of Albania was to adopt as many international and European standards as 
possible and this process was well under way.  Th e national standards would be used only for some 
local products not subject to international trade.  Having only voluntary standards, these would not 
create a technical barrier to trade.  In Albania, the technical regulations would be established only by 
the national authority.  Standards would be issued  by the national standards body in the fields of 
ISO/IEC or CEN/CENELEC and by the Albanian Office for Telecommunications Regulation in the field of ITU or ETSI.  
102. In response to requests for further updates on the progress towards compliance with the 
requirements of the Agreement on TBT, the represen tative of Albania stated that to ensure full 
compliance with the TBT Agreement, the Government  of Albania had prepared four Decisions.  The WT/ACC/SPEC/ALB/6/Rev.4 
Page 50  
 
 first one is the Decision which would adopt Articles  2, 5, 6, 8 and 9 of the TBT Agreement.  Articles 
3 and 7 were not included because in Albania the te chnical regulation were prepared by ministries or 
central public institutions and not by the local admi nistration.  The first Decision, "Code of Good 
Practice for the Preparation, Adoption and Applica tion of Standards" was approved by the Council of 
Ministers (No. 242 dated 28 May 1999).  That Deci sion reflected Annex 3 of the TBT Agreement.  
The second Decision, "Criteria and Competencies Re lated to Standardization, Certification and 
Accreditation" (No. 371 dated 4 August 1999) mainly dealt with the three activities covered by the 
General Directorate of Standardization.  The third Decision, "On Exchange of Information on Standards and Technical Regulations" (No. 372 da ted 4 August 1999) covered Articles 10.1, 10.1.1, 
10.1.2, 10.1.3, 10.1.4, 10.1.5, 10.1.6, 10.4, 10.7, 10.8, 10.9. 10.11, of the TBT Agreement.  The fourth Decision, "Preparation adoption and application of  Technical Regulations and the Procedures for 
Assessment of Conformity with Technical Regula tions and Standards" (No. 323 dated 8 July 1999) 
covered Articles 2.11, 2.12, 3.1, 5.8, 5.9 and 7.1 of  the TBT Agreement.   Copies of each Decree were 
made available to members of the Working Party.   
103. The representative of Albania stated that Al bania had provided for the "notification, 
publication, and other internal procedures", e.g., publication prior to enactment for public comment, 
that would implement the provisions of the TBT Ag reement.  Such provision was contained in the 
Decree "On Exchange of Information on Standard s and Technical Regulation".  Concerning the 
requirement that a decision to accept the results of conformity assessment  procedures be conducted 
by bodies in an exporting Member country; and relevant ministries will implement a non-
discriminatory and cost-based fee structure", the re presentative of Albania stated that those were 
included in the Decree of government which would implement Articles 2, 5, 6, 8 and 9 of the TBT 
Agreement.  Regarding self-declaration for regulat ed products Albania had included it in the Decree 
for Criteria and Competencies for Standardization,  Certification and Accreditation, Chapter II, 
point 9.  104. The representative of Albania confirmed that Albania would apply all obligations under the 
WTO Agreement on Technical Barriers to Trade from the date of accession without recourse to any 
transition period.  The Working Pa rty took note of this commitment. 
 
Sanitary and Phytosanitary Measures (SPS ) 
 
105. Some members of the Working Party asked Albania to outline how the provisions of the 
WTO Agreement on Sanitary and Phytosanitary Measu res were implemented in Albanian Law.  In 
response the representative of Albania said that Albania had supplemented the documentation on SPS,  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 51 
 
 
 and had indicated that it was in compliance with  WTO principles in the Memorandum on Conformity 
with SPS (document WT/ACC/ALB/31/Rev.2).  The Memorandum reviewed WTO compliance 
article by article as follows: 
Table 9  
Albanian Compliance Requirements under the WTO 
1.  Standstill: the introduction of new standards, animal 
health regulations and f ood safety regulations shall 
conform to SPS Agreement principles.   The current regulations include: 1.  Generally agreed principle in 
WTO     accession negotiations. 
"Law on State Sanitary Inspectorate", No. 7643 dated 2.12.1992; "
The Law on Food"; No. 7941 dated 31.05.1995; 
"Law on Seeds and Saplings", No. 7659 dated 12.01.1993; 
"Law on Albanian Veterinary Services", No. 7674 dated 
23.02.1993; Decision of the Council of Ministers, "On Pesticides", No. 584 dated 06.12.1993; Decision of the Council of Ministers, "On Approving the Regulation for the Production, Reproduction, Treatment, 
Assessment, Trade, Control of Seeds and Saplings and for 
Protection and Treatment of Genetic Material of Plants", No. 552 dated 14.11.1994; "Law on Plant Protection Services", No. 7662 dated 
19.01.1993  
2.  Article I, Section 1 and 6, of the Law on State Sanitary 
Inspectorate states that the Mini stry of Health serves as the 
information point for the WHO and related international 
organizations.  The Directory of Veterinary Service and 
Plant Protection in the Ministry of Agriculture and Food serves as the information point for questions related to animal and plant inspection, control, etc.   By Order of the Prime Minister, No. 36 dated 06 May 
1999, (Paragraph 7) it is officially established that Albania 
will have one inquiry point for information on standards 
and technical regulations to be in compliance with SPS and TBT.   Directorate for Standardization Rr. "Mine Peza", Nr. 143/3 
Tirana, ALBANIA 
+ 355-42-47176 telephone + 355-42-26255 fax dsc@icc.al.eu.org e-mail 2.  Article 7 and Annex B.3 
The Directorate of Standardization, with its au thority and responsibility to operate a single unit 
enquiry point,  had a fully operational single enquiry point at the time of accession. 
3.  Transparency: notification and access to documentation: (A) The Directorate of Standards is the authority responsible for making notifications to the WTO and ensuring transparency obligations are met on an ongoing basis, Order of the Prime Minister, No. 36 dated 06 May 
1999, (as provided in Paragraph 7); 3.  Articles 7 and Annex B, Also 
G/SPS/7   (A) Annex B.5.(b) and Annex B.10 WT/ACC/SPEC/ALB/6/Rev.4 
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 Albanian Compliance Requirements under the WTO 
(B) An Order of the Prime Minister, No. 129 dated 
18 September 1999, on "Creation of the Inter-Agency 
Groups for Technical Barriers to Trade (TBT) and Sanitary and Phytosanitary Measures (SPS)". This Order creates an inter-agency SPS working group. The working group will improve coordination among agencies in the drafting of 
future SPS measures.  This ensures that drafts of legal and 
sub-legal texts related to SPS are provided to the Albanian enquiry point so that these drafts can be submitted to the WTO Secretariat as early notification to Member countries for their comment. (B) Annex B.5(a) 
(C) An Order of the Prime Minister, No. 129 dated 
18 September 1999, on "Creation of the Inter-Agency Groups for Technical Barriers to Trade (TBT) and Sanitary 
and Phytosanitary Measures (SPS)" require that copies of 
proposed measure be provided to WTO Members; and (C) Annex B.5(c) 
(D) An Order of the Prime Minister, No. 129 dated 
18 September 1999, on "Creation of the Inter-Agency 
Groups for Technical Barriers to Trade (TBT) and Sanitary and Phytosanitary Measures (SPS)" specify a reasonable period of time for comment from Members and the public, and establishment of a process to take comments into account without discrimination . (D) Annex B.5(d) 
For points in No. 3. (B), (C), and (D) Albania had already amended  legislation in order to ensure 
conformity with the Agreement on SPS. The Decision of the Council of Ministers “On the 
Approval of the SPS Agreement of the WTO”, No. 472 dated 6 October 1999 and the Order of the 
Prime Minister, No. 129 dated 18 September 1999, required that drafts be provided prior to 
publication for comments at an early stage and notification of new measures for all existing laws related to SPS (i.e., those listed in 3. (A) and an y other that may have relevance to SPS).  The Order 
also applied to  future laws affecting SPS. 
4.  The Law on State Sanitary Inspectorate (Article I, Sections 5-8, and Article II) defines measures that apply 
only to protect human, animal an/or plant health.  All 
inspectors (chemical and physical laboratories, 
toxicological, bacteriological) operate according to this law and inspections are based on scientific criteria. 4.  Article 2.2 
5. The Law on State Sanitary Inspectorate (Article I, 
Sections 5-8, and Article II) defines measures that apply 
only to protect human, animal an/or plant health.  All inspectors (chemical and physical laboratories, toxicological, bacteriological) operate according to this law and inspections are based on scientific criteria. 5.  Articles 2.2, 3.3 and 5.2 
  
6.  The Law on State Sanitary Inspectorate (Articles I-III) provides for harmonization, i.e., will follow international 
standards, guidelines, and recommendations in establishing 
SPS measures.   6.  Articles 3.1, 3.3 and 3.4 
 
 
  WT/ACC/SPEC/ALB/6/Rev.4 
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 Albanian Compliance Requirements under the WTO 
7.  The State Sanitary Inspectorate (Articles I-II) provide 
for equivalence, i.e., recognizes different measures that 
achieve the same level of protection. 7.   Article 4 
 
 
8.  The Law on State Sanitary Inspectorate (Articles I-III) 
provides for risk assessment by developing scientific 
evidence and conducting risk asse ssments to ensure that 
measures are based on science and applied only to the extent necessary to protect human, animal, plant health.  8.  Article 5.1, 5.2 and 5.3 
 
9.  The Law on State Sanitary Inspectorate (Article I) and 
the provides for consideration of regional conditions, i.e., measures that take into account the regional characteristics both of the areas from which products originate and the 
areas for which they are destined. 9.  Article 6 and Annexes A.6 and 
A.7 
10. The Law on State Sanitary Inspectorate (Articles I-II) 
provides for non-discrimination, i.e., measures do not 
arbitrarily or unjustifiably discriminate between different members or between domestic and foreign suppliers.  Sub-legal acts define how samples ar e taken, and the procedures 
of an examination and its duration.  The practices are transparent for all subjects that are under control. 10.  Article 2.3, and Annex C.1(a) 
and (d) 
   
11.  The Law on State Sanitary Inspectorate provides for the control, inspection and approval procedures, e.g., to ensure that procedures, including systems for approval of 
the use of additives or fo r establishing tolerances for 
contaminants in foods, beverag es or feedstuffs comply with 
the Agreement. 11.  Article 8 and Annex C 
 
106. In response to further questions the representativ e of Albania stated that the Ministry of 
Agriculture and Food and the Ministry of Hea lth were the authorities responsible for making 
notification and ensuring transparency obligations  regarding SPS measures to the Directorate of 
Standardization, and it was the Directorate of Sta ndardization which was the authority responsible to 
making the notifications to the WTO to ensure tran sparency obligations are met on an ongoing basis. 
The address, phone and fax numbers, and e-mail address appeared in the preceding table.  
107. She further added the passing of an Order of the Minister of Economic Cooperation and Trade 
"On the creation of the Inter-Agency Working Group for the Drafting of Decisions of the Council of Ministers on approving the WTO Agreement on SPS"  (No. 55 dated 24 August 1999).  A Decision of 
the Council of Ministers has been enacted entitle d on the Approving of the WTO SPS Agreement", 
No. 472 dated 6 October 1999 to ensure compliance with the requirements of the Agreement on SPS 
and to ensure that publication of proposed measures at an early stage for comment was required, that 
copies of proposed measures would be provided to WTO Members by the time of accession and that a reasonable period of time for comments from Members and the public, and the establishment of a process to take comments into account without discrimination.   WT/ACC/SPEC/ALB/6/Rev.4 
Page 54  
 
  
108. The representative of Albania confirmed that Al bania would apply all obligations under the 
WTO Agreement on Sanitary and Phytosanitary Measu res from the date of accession without recourse 
to any transition period.  The Working Party took note of these commitments.  
Trade-Related Investment Measures  
109. In response to questions concerning trade -related investment measures (TRIMs), the 
representative of Albania said that Albania did not maintain any TRIMs.  The Albanian Investment Law, No. 7764 of 11 February 1993 was compatible with the national treatment requirements of the 
WTO.  She confirmed that there are no local c ontent requirements imposed on foreign or domestic 
firms to purchase or use products of Albanian origin or from any Albanian source, nor did Albania 
require that a firm's, foreign or domestic, purchase s or use of imported products be limited to an 
amount related to the volume or value of the local products it exports.  She recalled that a document 
on TRIMs (WT/ACC/ALB/30) noted all restrictions on investment applied also to Albanian firms.  
She further added that Albania confirmed that ther e were no provisions that restricted imports, by 
foreign or Albanian firms, to an amount related to  the quantity or value of the product exported; that 
there were no export performance requirements of an y sort for foreign or Albanian firms; and that 
there were no trade-balancing requirements in the Law,  neither in its intention nor in practice, which 
apply in the case of a foreign or Albanian firm. 
 110. The representative of Albania stated that Albania would not maintain any measures 
inconsistent with the TRIMs Agreement and woul d apply the TRIMs Agreement from the date of 
accession without recourse to any transition period.  The Working Party took note of this 
commitment. 
 
State Trading Practices 
 111. Some members of the Working Party asked Alba nia to list the major State-owned enterprises 
and the products covered,  whethe r Albania considered that any of the enterprises should be notified 
under Article XVII of the GATT 1994, or Article VIII of GATS, if these enterprises were subject to any form of Government control, including directives  in relation to their operation, if these enterprises 
were free to purchase and sell goods on the interna tional markets and to acquire imports from any 
origin, and whether the persons working for these enterprises were Government employees and to 
describe the role of agroexport in the trade and in ternal distribution of agricultural products in 
Albania.  Noting that important sectors of the Alba nian economy appeared to be dominated by sole  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 55 
 
 
 enterprises, including: research with minerals – GJEOALBA corporation; chrome mining, processing 
and smelting – ALBCHROME corporation; coppe r mining, smelting and production – ALBCOPPER; 
and production of electric energy by hydro and thermal plants – the Albanian Electroenergetic 
Corporation (KESH), some members of the Working Pa rty asked Albania to provide the profile of the 
Albanian trading enterprise Arteksport-Import and similar profile reports for the following 
enterprises:  ALBPETROL, GJEOALBA, ALBCHROME corporations, ALBBAKER and KESH.  In 
their view these enterprises had an effective monopol y, granted by the licence, to dominate the level 
and direction of imports and expor ts of fuel and gas services.  Albania was requested to provide 
detailed information on these enterprises in accord ance with the requirements of the Questionnaire on 
State-trading.  A Member asked Albania to name th e petroleum firms and the other state trading firms 
that trade in products under licence as state trading enterprises.  In its response, the representative of 
Albania named SH.A. Armo that is 100 per cent owne d by the state, and SH.A. Petrolimpeks, which 
is 51 per cent state-owned.  All other companies are private.  112. In response the representative of Albania said that  Albania did not consider that any of the 
enterprises should be notified under Article XVII of  the GATT 1994 or Article VIII of GATS.  None 
of the enterprises listed were subject to any form of Government control, including directives in 
relation to their operation.  None of the enterprises,  including those considered "strategic enterprises" 
and no private firms had any exclusive right of im portation or exportation of any products.  All the 
enterprises were free to purchase and sell goods on the international markets and to acquire imports 
from any origin. She confirmed that none of th e State-owned enterprises, including firms labelled 
"strategic enterprises", and no private firms had an  exclusive right of importation or exportation of 
any product.  Seventy eight per cent of exports we re generated by privately owned enterprises.  The 
persons working for these enterprises were c onsidered Government employees only because the 
enterprises were State-owned but were paid from the company and not the state budget.  Agroexport 
in the trade and internal distribution of agricultura l products did not have any advantage or privileges 
over the State-trading enterprises.  The operations of KESH, ALBCHROME, ALBCOPPER, ALPETROL corporation were based on the La w on "Commercial Enterprises", No. 7638 dated 
19 November 1992, which provided th e same conditions and rules for public and private enterprises.  
Based on that Law, there were no exclusive rights for these enterprises.  Commercial enterprises were 
under the reconstruction process, and preparing to be privatised.  These enterpri ses were not operating 
under licence that could affect the export-import regime , except in respect of the items prescribed in 
the Memoranda on Import Licensing and Prohibitio ns on Importable Products and Export Licensing 
and Prohibitions on Exportable Products.   
 WT/ACC/SPEC/ALB/6/Rev.4 
Page 56  
 
 113. She further noted that in November 1998, with a joint action plan with the Ministry of Public 
Economy and Privatization (MPEP), Albania had define d the schedule of actions needed to accelerate 
the privatization in the trade sector.  Only ten en terprises and five branches of NSHPN in the districts 
remained under the supervision of the Ministry.  A ccording to the privatization platform, they were 
subdivided into: Enterprises in direct privatization,  which shall proceed according to the Decision of 
the Council of Ministers No. 195 dated 20 March 1996 "O n the privatization of enterprises that cannot 
be transformed", this group included:  Durres Trad e Enterprise; Tirana Albcoop, Machinery-impex in 
Tirana as well as the branches in Bulqiza, Fier, Kukes, Sarande and Tirana.  These enterprises had 
already interrupted their activity, underwent big damage and looting during the unrest of 1997, losses 
that could not be covered by them.  For the above -mentioned enterprises, the valuation of State-owned 
property had concluded and furthe r privatization procedures were being followed through MEPP.  
Enterprises that would be transformed into commercia l associations and later privatised were Agro-
export, Industrial-Impex, Artexport and the Fridge Unit No. 2 in Tirana and the Fridge unit in Durres.  
These enterprises were in a good economic and financ ial condition.  The fridge unit in Durres and the 
fridge unit No. 2 in Tirana, had been registered as sh are holder companies.  The privatization of these 
enterprises would start in June 1999.  The enterpri se of Albcontrol Durres would be transformed into 
shareholder company according to the Decision of th e Council of Ministers No. 78 dated 21 January 
1999.  The Law on State Enterprises of 17 July 1992 provided in Article 15 that the State does not 
guarantee the obligations of State enterprises towards third parties. 
 
114. The representative of Albania confirmed that after accession to the WTO Albania would 
observe the provisions of Article XVII of the GATT 1994, the WTO Understanding on that Article, 
and Article VIII of the GATS regarding state tradi ng, in particular abiding by the provisions for 
notification, non-discrimination, and the applic ation of commercial considerations for trade 
transactions for any firms covered by these provisions. 
 115. The representative of Albania confirmed that  her Government would apply its laws and 
regulations governing the trading activities of St ate-owned enterprises and other enterprises with 
special or exclusive privileges as defined in Article XVII of the GATT 1994 and the Understanding 
on that Article and Article VIII of the GATS in conformity with the provisions of the WTO 
Agreement.  She further confirmed that Albania wo uld notify any enterprise falling within the scope 
of Article XVII.  The Working Party took note of these commitments.   WT/ACC/SPEC/ALB/6/Rev.4 
 Page 57 
 
 
 Free Zones, Free Economic Zones 
 116. Some members of the Working Party noted Albania had a 1996 Government Decision 
providing for the establishment and organisation of  the National Entity for the Development of Free 
Zones, which would have direct dependence on the Government, requested a description of its 
provisions, whether any free zones have been estab lished and asked Albania to explain what was 
meant by direct dependence from the Government, c ould foreign enterprises locate in the zones on the 
same basis as domestic enterprises, how would the operation of the free zones be administered, directly by the Government or through an exclus ive licence granted by the Government, and whether 
there would be trade-related  investment measure s applicable to enterprises operating in the free 
zones.  In response the representative of Albania sai d that a new draft law and a draft regulation on 
"Free Zones" had been presented to the Parliament fo r approval.  A copy of this draft law would be 
made available to the WTO.  According to these dr afts the Council of Ministers would decide from 
which institution would depend the National Agency for Free Zones.    
117. The representative of Albania stated that establishment of a free zone, the determination of its 
borders and the legalisation of activities to be pe rformed by the zone, could only be done by the 
Council of Ministers, following approval from the Head Council of the National Agency for Free Zones and the General Directory of Customs.  The selection of the companies was made according to 
the procedures defined in the Regulation of Free Zones based on measurable economic criteria:  
capital, time and rent.  Free zones could be estab lished in private or State sites and could be 
administered by a private or State operator, who would be granted a licence after application to the National Agency for Free Zones and the approval of the Parliament.  Free zones were not considered 
outside the customs territory.  All the goods enteri ng the zone from the internal market were not 
considered as exported goods and all the goods going out from the zone to the internal market were 
not considered as imported goods.  All juridical or physical persons, domestic or foreigners, had equal 
possibilities to operate in a free zone, if they fulfille d the criteria defined in the application procedures 
specified in the draft regulations of the free zone .  Up to now Albania had not established any free 
zone, but there were feasibility studies for establishing two free zones. 
 118. The representative of Albania stated that any free zones established within the territory of 
Albania would be fully subject to the coverage of  Albania's commitments taken in its Protocol of 
Accession to the WTO Agreement, and that Al bania would ensure enforcement of its WTO 
obligations in those zones.  In  addition, goods produced in these areas under tax and tariff provisions 
that exempt imports and imported inputs from tari ffs and certain taxes will be subject to normal WT/ACC/SPEC/ALB/6/Rev.4 
Page 58  
 
 customs formalities when entering the rest of Albania,  including the application of tariffs and taxes.  
The Working Party took no te of these commitments. 
 Mixing regulations 
 
119. In response to questions from Working Part y members, the representative of Albania 
confirmed that it had no law or regulation requiring the use of domestic and imported goods in certain 
proportions or any other sort of mi xing regulations applied to imports. 
 
Government-mandated counter-trade and barter 
 
120. Some members of the Working Party asked  whether Albania maintained government-
mandated counter-trade or barter and, if barter  trade has permitted under Albanian Law, whether 
duties, taxes and other restrictions and requireme nts applied to imports a nd exports conducted as 
barter or counter-trade. In response, the representativ e of Albania stated that although Albania did not 
have any provisions in its Customs Code or an y other law regarding no n-mandated barter, it was 
permitted.  However, impor ts and exports conducted as barter or  countertrade could not benefit from 
exemptions of duties, taxes, and other restric tions and requirements that applied under the trade 
regime.  
 
Government Procurement 
 
121. Some members of the Working Party asked for information on statistics on procurement, the 
overall value of public sector purchasing in Albania,  a breakdown of the public procurement market 
both by contracting entity and product type, whether a ll foreign suppliers received the same treatment 
as national suppliers when participating in tenders, if  there was an offset policy and, if so, how often 
were offset arrangements negotiated on a case-by -case basis, whether Albania's law made provision 
for a system of domestic and price preferences, if the procurement of certain products was reserved 
for local industry, if Albania had any trade agre ements with other count ries which covered public 
procurement, if so which countries.  Finally, they asked if Albania would intend to accept the Agreement on Government Procurement.  In respon se the representative of Albania referred to the 
laws, decisions and guidelines on government pr ocurement listed in document WT/ACC/ALB/41 and 
to the Memorandum on Compliance with the Agreement on Government Procurement 
(WT/ACC/ALB/42).  She said that the following documents would be approved by the Council of 
Ministers:  Law “On Some Changes to the Law on Public Procurement”; Draft Decision of the COM “On Some Changes in the Decision of the COM, On Rules on Public Procurement, No. 12 dated  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 59 
 
 
 01.01.1996”. This Decision shoul d approved the following documents : Manual of Public 
Procurement; Document for the Tender for the Pr e-qualification of Goods; Document for the Tender 
for the pre-qualification of Construction, Document for the Tender for the Proc urement of Goods (Big 
and complex); Document of the Tender for the Procurement of Systems (Big and Complex), 
Document for the tender for the Procurement of C onstruction (Big and Complex); Document for the 
Tender for the Procurement of Complex Services (B ased on time periods and their total value), and 
Document for the Tender for the Procurement of Si mple Services (Based on time periods and their 
total value).  The preparation of an amendment to the Public Procurement Law would provide the 
collection of procurement statistics was under consid eration.  She further noted that the following 
legislation would be put in place by the end of 2000:  "The Standard Te nder Document for the 
Pre-Qualification of Goods";  "The Standard Tender Document for the Pre-Qualification of 
Construction"; and "The Standard  Tender Document for the Procurement of Goods (Those which are 
Large and Complex)".  In addition, the followi ng Decisions would be enacted to provide for 
transparent rules in relation to the submission of tenders in the opened sectors: 4. "The Standard 
Tender Document for the Procurement of Syst ems (Those which are Large and Complex) for 
Telecommunication, Information Technology"; 5.  "The Standard Tender Document for the 
Procurement of Construction (Those which are La rge and Complex)";  "The Standard Tender 
Document for the Procurement of Whole Services (Those which are Large and Complex)";  "The 
Standard Tender Document for the Procurement of Complex Services (for which the Value and 
Duration are Specified); and "The Standard Tender Document for the Procurement of Basic Services 
(for which the Value and Duration are Specified)".   
 
122. She further noted that the overall value of p ublic sector purchasing in Albania for 1996 was 
about US$365.8 million.  This amount represented about 13 per cent of the GDP.  Currently the Government of Albania could not provide a brea kdown of the public procurement market.  This 
would be possible only when the law provided the co llection of statistics on procurement.  According 
to Article 9 of the Public Procurement Law No . 7971 of 26 July 1995 no discrimination was allowed 
on the basis of nationality.  Procurement proceedi ngs were open for all tenderers on equal terms, 
regardless of nationality, type of  ownership and juridical form.  National treatment meant that a 
foreign supplier, foreign products or services mu st be treated no less favourably than domestic 
suppliers and products.  There was no offset policy or any other o ffset arrangements negotiated on a 
case-by-case basis.  Albania's procurement law did not make any provisions for a system of pricing, therefore there were no mandatory or optional pric e preferences.  The proc urement regime did not 
reserve certain products to local industry, conseque ntly there were no lists of products reserved for 
local industry.  Albania did not have any trade ag reements with other count ries which covered public 
procurement.  According to Article 43 of the Alba nian Public Procurement law, in case a tenderer was WT/ACC/SPEC/ALB/6/Rev.4 
Page 60  
 
 not satisfied with the decision by the procuring en tity, or the decision was not made within the time-
limit, the tenderer could challenge the decision a nd file a complaint with the Public Procurement 
Agency.  The Albanian Government would amend the existing law on public procurement to provide 
the right for further appeal.  Upon accession Albania would initiate negotiations to join the Agreement 
on Government Procurement by tabling an entity lis t and would intend to c onclude the negotiations 
within a year of that date.  
 
123. The representative of Albania confirmed that, upon accession to the WTO, Albania would 
initiate negotiations for membership in the Agre ement on Government Procurement by tabling an 
entity offer.  She also confirmed that if the results of the negotiations were satisfactory to the interest 
of Albania and the other members of the Agreem ent, Albania would complete negotiations for 
membership in the Agreement by 31 December 2000. The Working Party took note of these 
commitments. 
 
Agricultural Policies  124. Some members of the Working Party, whilst recognising that Albania might have good policy 
reasons for the export prohibitions on firewood and other unprocessed wood, cattle hides, raw skins of 
sheep and lambs and other hides and skins, they no ted that export bans were  prohibited under Article 
XI of GATT 1994 unless justifiable under WTO provisions and asked Albania to find WTO-
consistent measures to achieve its policy goals.  No ting that Albania had not used agricultural export 
subsidies in the past they sought confirmation that  Albania would bind export subsidies at zero.  
Albania was asked to prepare tables on domestic sup port and export subsidies and to present data for a 
recent base period, normally the most recent three year s, for which complete and final data in the form 
of actual expenditures were available.  For each tabl e, data should cover each of the three years, not 
just the average.  Expenditures relating to fisheri es should not be included.  Expenditures relating to 
the upkeep of buildings and other administrative co sts, unless directly related to the provision of a 
specific service, should also be omitted.  Although there were no expenditures listed, Albania should 
be aware that Programmes funded by internationa l projects did not need to be included in the 
domestic support submission.  The support for fl our for making bread, which functioned as a price 
control on flour rather than as a market price support for grain producers, did not have to be included 
in the AMS.  If Albania set an applied administered price for wheat or other grains, or provided any other product-specific subsidy, the support should be included in the AMS.  Albania was also asked to 
provide information concerning the purchase and sale of grain. 
  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 61 
 
 
 125. Albania had supplemented the documentation on export licensing with HS codes, and had 
indicated that it would comply with WTO principles.  Albania eliminated all export prohibitions with 
the approval of the Decision of the Council of Mini sters “On the Export-Import Regime of Goods for 
and in the Republic of Albania”, No. 450 dated 16 September 1999.  Albania bound export subsidies 
for agricultural commodities at zero as indicated in  the revisions to the Schedule of agriculture, 
(document WT/ACC/SPEC/ALB/4/Rev3)  The figures in the schedule on agriculture referred to 
actual expenditures.  Albania did not maintain subs idies of any sort on agricultural commodities.  The 
revised schedule on agriculture had provided great er detail in the descriptions of the green box 
measures (including the 12 research institutions) and the data had been disaggregated into the last 
three years (1996-98).   The programmes related to  fisheries had been excluded from the revised 
schedule.  The restoration of public buildings refe rred to the civil unrest of 1997 where Government 
buildings were looted and had suffered physical structural damage requiring reparations.  Albania 
maintained buffer stocks of grain, but the volume of grain had been decreasing steadily.  The volume kept under State reserves represented less than one  per cent of 1998 domestic consumption and the 
program did not affect prices because the grain was sold at auction.  The quantity kept under State 
reserves was being reduced as a commitment taken in the framework of the Enhanced Structural 
Adjustment Facilities (ESAF) program of the IMF.  Input subsidies generally available to low income 
or resource-poor producers were made in each of th e years 1996-98 and were included in the revised 
schedule on agriculture.  The program was disco ntinued in 1998 and no water subsidies were 
provided in 1999.  No other input subsidies existe d.  The computations of AMS data covered each 
year 1996-98.  Since the price ceiling for bread  was removed in 1996, there was no support for 
agriculture and the AMS calculations were zero.  126. Albania's commitments on agricultural tariffs, on domestic support and export subsidies for 
agricultural products are in the Schedule of Concession s and Commitments attached to the Protocol of 
Accession to the WTO. 
 
Trade-Related  Intellectual Property Regime  127. Some members of the Working Party requested details about legislati on and the enforcement 
of intellectual property rights protection in Albania and the compatibility with the requirements of the 
TRIPS Agreement.  Specific questions were addr essed regarding exceptions from national or MFN 
treatment, right holders' exclusive rights, terms of protection, compulsory licenses, judicial review, 
copyright, trademarks, industrial designs, patents and competition.  In response,  the representative of 
Albania noted that Albanian borders were controlled by the central customs authorities of the Albanian State.  In Albania there was already an established system of border measures for the WT/ACC/SPEC/ALB/6/Rev.4 
Page 62  
 
 prohibition of counterfeit or pirated goods that infringe and violate intellectual property rights .  This 
system was based on “The Implementing Provisions on Customs Code” set out in the Decision No. 
205 of the Council of Ministers, points 118-120 dated 13 April 1999 , and was aimed at an effective 
guarantee of the enforcement of intellectual propert y rights in Albania in compliance with the TRIPS 
Agreement.   
128. The representative of Albania said that Albania was a member of the Convention Establishing 
the World Intellectual Property Organisation, the Paris Convention for the Protection of Industrial 
Property, the Berne Convention fo r the Protection of Literary and Artistic Works, the Madrid 
Agreement Concerning the International Registration of Marks, and the Patent Co-operation Treaty, 
the Extension Agreement between EPO and Albani an Patent Office. On 16 February 2000, the 
Parliament of Albania approved the law No. 8579 “O n the adherence of the Republic of Albania in 
the International Convention for the Protecti on of Performers, Producers of Phonograms and 
Broadcasting Organizations” (Rome, 26 October 1961) and, on 15 March 2000, it approved the law 
No. 8585 “On the adherence of the Republic of Alba nia in the Convention for the Protection of the 
Producers of Phonograms against Unauthorized  Duplication of their Phonograms” (Geneva, 
29 October 1971). The representative committed Albani a to ensure domestic ratification of WIPO 
Treaties by October 2000, and to deposit the inst rument of ratification to WIPO immediately 
thereafter. Procedures for the deposit of the releva nt instruments were processing.  Article 1 of 
Albania’s Law on Industrial Property identified the following as objects of the Law:  patents for 
inventions and utility models,  tr ademarks and service marks, indus trial designs, and appellations of 
origin.  In document WT/ACC/ALB/36 Alba nia submitted a detailed Memorandum on the 
Conformity of Albania's Intellectual Property Regi me with the provisions of the TRIPS Agreement. 
Albania accorded national treatment to the citizens of member countries of the Paris Convention or to 
those citizens who have an industrial or commercia l enterprise in a member country.  In Law No. 
8477 dated 22 April 1999, “On Some Changes a nd Supplements to Law No. 7819 dated 27 April 
1994, For Industrial Property”, there was an additi onal Article that determ ines the above-mentioned 
treatment.  On a more general basis, this right w as set forth in Articles No. 50 and 100 of the current 
Law on Industrial Property. The Albanian Law On Competition included a No. of Articles that deal 
with the regulation of competition (Articles 24-26 ) or with the prevention of illegal actions in 
competition with the purpose of gaining advantag es (Articles 37-42).  According to point 3 of 
Article 10bis of the Paris Convention, the Albanian  Law “On Competition” foresaw the prevention of 
the actions that intend to create confusion (Articl es 43 and 27.1 and 27.3); the prevention of the false 
allegations that intend to discredit the competitor (Articles 42,30.2 and 27.1) and the prevention of 
false allegations that created a false image about the characteristics of the goods of the competitor 
(Articles 27.2, 5 and 6).   WT/ACC/SPEC/ALB/6/Rev.4 
 Page 63 
 
 
 Substantive Standards of Protection 
 
Copyright and related rights 
 
129. In response to questions concerning the admi nistrative formalities requirements for the 
enjoyment of copyright, whether free uses of comput er programs were restricted to back-up copies 
and decompilation, the preparation of legislation on layout designs  of integrated circuits and on 
border enforcement, the representative of Albania sa id that the Albanian Law on Copyright foresaw 
no formal administrative requirements for the enjoymen t of copyright.  According to Article 7 of the 
Law No 8594 dated  6 April 2000 “On some Suppl ements and Changes on the law No. 7564 dated 19 
May 1992, On Copyright”, article 51 of the Law on Copyright was changed and its points a), b), c) 
foresaw that the provisions of this law shall apply to:    
a) Works the author of which has Albanian citizen ship or lives permanently in the Republic of 
Albania, regardless of the country where they were published for the first time; 
b) Works published for the first time in Albania or in a country that is a member of an 
international Copyright treaty or convention to which Albania is also a signatory;  
c) Works published for the first time in a country that is not a member of an international 
Copyright treaty or convention, to which Al bania is a signatory, when the works are 
published simultaneously in the territory of this country and in the Republic of Albania or in 
another country which is a signatory to the international Copyright treaty or convention.  
The representative of Albania said that computer programs were included in the Albanian Law “On Copyright”. Article 13 of that law defined the right  of the lawful owner of a computer program to 
make a copy or an adoption of such a program wit hout the author's authorization, in cases where this 
adoption was necessary for the use the computer pr ogram for the purposes for which the program had 
been lawfully obtained; and for archival purposes and if necessary for the replacement of the copy 
lawfully obtained. Article 14 of that law defined th e conditions in which authorization of the author 
was not required.  
130. Albanian Law “On Copyright” provided the protection to computer programs and data 
compilations required by Article 10(2) of the TRIP S Agreement and it fully complies with "whether 
in machine readable or other form".  Chapter III of the Albanian Law “On Copyright” defined the 
exceptions and limitations of a copyright as well as re lated rights.  In accordance with Article 6 of the 
law, free reproduction for private purposes shall be pe rmitted, without the author's authorization and 
without payment or remuneration, to reproduce a lawf ully published work exclusively for the users' 
own private use (including use for scientific and research purposes).  This provision shall not be 
applied in respect of :  the reproduction of works of  architecture in the form of buildings or similar WT/ACC/SPEC/ALB/6/Rev.4 
Page 64  
 
 constructions;  the reprographic repr oduction of works of fine arts of restricted edition, of graphic 
presentation of musical works (sheet music) and of  exercise books or other one-use publications;  the 
reproduction of computer programs except for cases me ntioned in Article 13 of the Albanian Law;  
any other reproduction that would conflict with the normal exploitation of the work or would 
prejudice the legitimate interests of the author.    
131. According to Article 8 of the Albanian Law “On Copyright”, the free use for teaching was 
permitted without the author's aut horization and without payment of remuneration, but subject to the 
obligation to indicate the source and the name of the under specified conditions. Article 9 defined the 
rights and exceptions of the free reproduction by Libraries and Archives. Article 10 of the Albanian Law “On Copyright” dealt with the rights and exceptions of the free reproduction for legal and 
administrative purposes. It defines that such reproduction was permitted without the author's 
authorization and without remuneration to reproduce a work for court or administrative proceedings to 
the extent justified by the purpose. Article 11 of this  law also defined the rights and exceptions of the 
free use for information purposes. Article 12 of the law defined the limitations of the free use of 
pictures of works permanently located in public places. According to this Article, it shall be 
permitted, without the author's authorization a nd without payment of remuneration, to reproduce 
broadcast or communicate to the public by cable a pictur e of a work of architecture, a work of fine art, 
a photographic work or a work of applied art that is permanently in a public place (square, street, 
park, etc) except if the picture of the work is th e main subject of such reproduction, broadcasting or 
communication and if it is used for commercial purposes.    132. In response to further questions, the representativ e of Albania stated that the Albanian Law 
“On Copyright” provided for terms of protection of different works. Concerning the retroactive effect 
of the Law, the representative stated that in the Constitution of the Republic of  Albania, Article 122/1, 
it is set forth that any international agreement, that has been ratified, constitutes a part of the internal 
juridical system of Albania.  In addition to this, point 2 of this Article sets forth explicitly:  "An international agreement that has been ratified by law has superiority over laws of the country, that are 
not compatible with it."  Within this framework,  by the Decree No. 487 dated  9/3/1993 of the 
President of the Republic of Albania, Albania has adhered to the Berne Convention for the Protection 
of Literary and Artistic Works. Consequently, the application of the Convention is superior to the 
Albanian Law on Copyright.  Moreover, in confor mity with Article 18 of the Berne Convention, 
Albania, with its Law “On some Supplements a nd Changes on the law No. 7564 dated 19 May 1992, 
on Copyright”, has specified that the provisions of the law “On Copyright” shall apply also to “works 
created before the moment this law came into fo rce but have not yet fallen into the public domain 
through the expiry of the term of protection afforded  under this law” which is in full conformity with  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 65 
 
 
 Article 18 of the Berne Convention. With regard to whether the issue had been explored in court since 
Albania's adherence to the Berne Convention, the Albanian representative answered no.  
 
133. She further added that Articles 13 and 14 of the Law “On Copyright” defined the limitations 
and exceptions for the free reproduction and adap tation as well as free decompilation of computer 
programs.  The provisions of this section may not be interpreted in such a way as to allow its 
application to be used in a manner which confli cts with a normal exploitation of the computer 
program or that unreasonably prejudices the legitimate interests of its author. Article 15 of the Albanian Law defined that a broadcasting organi zation can record for temporary use, by its own 
means, a work on which it enjoys this right without  the author's authorization and without special 
remuneration. Article 16 of the law defined th e limitations on the free public performance.   
 Trademarks 
 
134. In response to questions concerning the regi stration of well-known trade marks and the 
protection of trade names, the representative of Albania said that Article 76 of the Law on the 
Industrial Property refused to register a trademark when it infringes the rights of a well-known trademark.  The definition of a well-known trad emark as such was done by the Office of Patents 
according to the information received by the co nsumer as well as information received by the 
International Bureau of the Registration of Trad emarks in Geneva, the Office of the Trademark 
Registration of the European Community in Alicante, Spain, and homologue offices in Europe and elsewhere, with which the Albanian Office of Pate nts kept regular contacts.  In accordance with 
Article 8 of the Paris Convention, the Albanian  Law “On Industrial Property” included no provision 
that obliges the registration or the depositing of a commercial name. Article 18 of the “Law on the 
provisions that regulate the first part of the Commercial Code” sets forth that within one month from 
the day of the beginning of a commercial activity, the trader should announce his or her name and should deposit his or her original signature at the court appointed to keep the commercial register.  
 
135. With reference to the five years period before  allowing a mark to be cancelled for non-use, 
the representative of Albania said that when use was required to maintain a registration, the 
registration may be cancelled only af ter an uninterrupted period of non-use for at least three years, 
(amended by Article 12 of the Law  No 8477 dated 22 April 1999 “On some Changes and 
Supplements on the law No 7819 dated 27 April 19 94, For Industrial Property”) unless there was a 
valid reason to explain the inactivity, such as th e existence of some obstacle in production or 
marketing encountered by the owner of a registered  item.  The legal use of a trademark by a third 
party would be recognized as use of the trademark fo r the purpose of maintaining the registration. The WT/ACC/SPEC/ALB/6/Rev.4 
Page 66  
 
 representative of Albania added that a sign shall not be protected as a mark, if its use as a mark would 
be in conflict with earlier rights.  The following, in particular shall be considered as earlier rights:  an 
identical or similar mark of a third party, in respect of identical or similar goods or services;  in 
respect of goods or services which are neither identical  nor similar which have an earlier filing date or 
priority date, and which have been registered or s ubsequently will be registered;  a well-known mark 
of a third party within the meaning of Article 6 bis of the Paris Convention for the Protection of 
Industrial Property.  For the definition of a well- known mark, the information of the consumers about 
the mark will be taken into consideration.  The tr ademark registrar had the same responsibilities as the 
Patent Office.    
Geographical Indications  
136. In response to questions from members of th e Working Party, the representative of Albania 
stated that Chapter XXVI, Article 93 of the Alba nian Law "On Industrial Property" deals with 
appellations of origin. In this Ar ticle were mentioned when the appe llations of origin were used and 
what could be protected.  Articles 13, 14 and 16 of the Law "On some Changes and Supplements on 
the Law No. 7819, 27.04.1994, On Industrial Property" made clear that such a ppellations could not be 
used by persons who were not authorized even if those persons added the words "Type" "Style" etc., 
or when, although literally true as to the territory, region or locality in which the goods originated, 
those appellations of origin falsely represented to  the public that the goods originate in another 
territory. 
 
Industrial Designs 
 
137. The representative of Albania sai d that the Albanian Law "On Industrial Property" Part II, 
Article 59 gives the definition and conditions of protection for industrial designs, explaining that 
textile designs are included in this protection. Articles 60-69 provide the right of protection, the 
procedures for registration, the temporary protection of industrial designs exhibited at international 
exhibitions, etc. 
 
Patents 
 
138. The representative of Albania noted that the Law "On Some Changes and Supplements on the 
Law No. 7819 dated 27 May 1994 for Industrial Prope rty", No. 8477 of 22 May 1999, had created the 
Albanian Directorate of Patent and Trademarks.     WT/ACC/SPEC/ALB/6/Rev.4 
 Page 67 
 
 
 139. In response to questions concerning compulsory licenses, Albania's implementation of the 
TRIPS rules on enforcement of intellectual property rights and whether inventions relating to plants 
and animals were excluded from patentability in Alba nia,  the representative of Albania said that in 
order to be patentable, an invention shall be nove l, shall involve an inventive step and shall be 
industrially applicable.  The following, in particular , shall not be regarded as inventions within the 
meaning of paragraph (1):  discoveries, scientif ic theories and mathematical methods;  aesthetic 
creations;  schemes, rules and methods for perform ing mental acts, playing games or doing business, 
and programs for computers;  presenta tions of information.  A patent sh all not be granted in respect of 
an invention of which the publication or exploitation would be contrary to public order or morality.  
No patents shall be granted for substances obtaine d through internal nuclear transformations for 
military purposes.  No patents shall be granted for inventions of surgical, diagnostic or therapeutic 
methods practised on the human or animal body, as they  shall be regarded as inventions that are not 
susceptible to industrial application.  This pr ovision would not apply to inventions relating to 
substances and devices for use in any of these me thods. The new varieties of plants and the new 
breeds of animals were excluded from the patentab ility, when their creation had to do with essential 
biological processes for their production.  This was not valid for microbiological processes or their by 
products.   140. The representative of Albania added that on th e request of any person who proves ability to 
work the patented invention in the Republic of Alba nia, made after the expiration of a period of four 
years from the filing date of the application for the patent or three years from the grant of the patent, 
whichever is later, the Patent Office may grant a non-exclusive, non-voluntary licence if the patented 
invention was not worked or was insufficiently work ed in the Republic of Albania. The grant of a 
non-voluntary licence shall be subject to the paymen t of equitable remuneration to the owner of the 
patent.  A non-voluntary licence shall not be gran ted if the Patent Office was convinced that 
circumstances exist to justify the non-working or insu fficient working of the patented invention in the 
Republic of Albania.  In deciding whether to grant a non-voluntary licence, the Patent Office shall give both the owner of the patent and the pers on requesting the non-voluntary licence an adequate 
opportunity to present arguments.  Any non- voluntary licence shall be revoked when the 
circumstances which led to its gran ting ceased to exist, taking into account the legitimate interests of 
the patent owner and of the licensee. The contin ued existence of these circumstances shall be 
reviewed upon request of the patent owner. The ne w Customs Code as well as the dispositions passed 
for its implementation, the Code of the Civil Pr ocedure and the Penal Code, in separate Articles 
foresaw a strict defence of the interests of the owners of intellect ual property objects.  
 WT/ACC/SPEC/ALB/6/Rev.4 
Page 68  
 
 141. The representative of Albania noted that the registration and pharmaceutical products is 
carried out according to the relevant legislation. The registration of plant protection products is done 
in accordance with the Law No. 7662 dated 19 January  1993, "On Plant Protec tion Service" and the 
Decision of the Council of Ministers No. 584 da ted 6 December 1993 “For the Approval of the 
Regulation for pesticides used in agriculture” according to which, each product, despite the 
bioequivalence, must equally undergo the registration procedures. Therefore, each applicant, in order 
to obtain the marketing right, must register the product by submitting the registration file with its 
original data. The duration of the registration l asts 10 years. All applicants for registration are 
approved if criteria are met. The duration of the registration for pharmaceutical products lasts five 
years. Each pharmaceutical product despite the bi oequivalence, must equally undergo the registration 
procedures. Each applicant, in order to obtain the marketing right, must register its product by 
submitting the registration file including its original  data. All applicants for registration are approved 
if the criteria are met. The registration file fo r agricultural and pharmaceutical products registered 
through the abovementioned procedures, remain conf idential. Their data are only disclosed to the 
registration commission members. In the case of fertilizers, the registration process does not involve a 
commission or formal procedures, only to provide information related to the quality, the sort of 
product and the relevant characteristics  
 
142. Concerning data submitted to obtain mark eting approval of pharmaceuticals, the 
representative of Albania stated that the pro cedure was provided in the regulation "On the 
Registration of Drugs in the Republic of Alba nia" as follows:  each pharmaceutical company 
submitted the dossier for any drugs to be marketed along with the bioequivalent studies.   All this 
information was protected and other applicants or third persons were not a llowed to consult this 
information. 
 Layout Designs of Integrated Circuits  
 
143. The representative of Albania said that the Albani an Government had done extensive work on 
developing a law on layout-designs of integrated  circuits based on Articles 35-38 of the TRIPS 
Agreement.  The Patent Office would be the authority  that administered the legislation.  A law "On 
Protection of Topographies of Integrated Circuits  had been enacted (No. 8488 dated 13 May 1999) 
and had brought Albania's trade regime into conf ormity with the above-mentioned requirements.   
  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 69 
 
 
 Business Secrets 
 144. Regarding trade secrets, the representative of Albania stated that Article 49 of Law No. 8044 
dated 7 December 1995, provided protection for bus iness secrets. According to this article the 
providing of business or operative secrets on the activ ity of the competitors in an illegal manner or 
encouraging their employees in order to use or to sel l them was prohibited. It was forbidden, to give 
to others or to use business or operative secrets, knowledge which were provi ded during the relations 
of employment or other confidential relations, during the term of these relations in order to gain some 
advantages in the competition for oneself or for anot her third party or to da mage the owner of any 
commercial company. This obligation was valid for a period of two years after the termination of the employment or the confidential relation if the owne r of the business activity had a justified interest 
and if it did not lead to any unreasonable restric tion of the business or the professional activity of 
others.  145. She further added that Albania protected da ta submitted to obtain marketing approval for 
pharmaceuticals or agricultural chemicals which used  a new chemical entity.  For the protection of 
their confidentiality, Point 12 of the Regulation of the Commission of the Verification of Manufacturing Conditions on Pharmaceuticals stated:  "After the verification from the Commission, the documentation, which is confidential, is de posited in the National Center of Drugs Control 
together with a copy of the authorization. The authorization to which this refers was that for 
marketing.  This documentation is the exclusive ownership of the Albanian authorities which deal 
with drug registration."  For the registration of p esticides used in agricultue, the State Commission on 
Pesticides was set up in the Ministry of Agriculture and Food.  This Commission did not use confidential data from other enterprises (Article  5 of the Regulation "On Pesticides Used in 
Agriculture")."   
 
Enforcement 
 146. The representative of Albania noted that the Law on "The Customs Code in the Republic of 
Albania", No. 8449 dated 27 January 1999, Article 82, Paragraph 4, gives the customs authorities the 
competence to intervene, upon request of a holder of an intellectual property right  for stopping the free circulation, export, re-export and place u nder suspension measures goods recognized as 
counterfeit or pirated.  The procedures for such intervention by the customs authorities were set out in 
a Decision of the Council of Ministers, No. 205 dated 13 April 1999, entitled "The Implementing 
Provisions on Customs Code".  The first part of  this decision defined c ounterfeit and pirated goods 
according to Article 82 of the Customs Code. Title  9 defined the procedures of action of customs WT/ACC/SPEC/ALB/6/Rev.4 
Page 70  
 
 authorities.  According to Point 119, the customs authorities took action after an application in written 
form of the holder of the right, when the counterfeit or pirated goods were rele ased for free circulation 
export or re-export, placed under a transit pro cedure or a procedure with economic impact. 
 147. She further added that the application of the hol der of the right was required to be in written 
form and contain a sufficiently detailed description of the goods to enable the customs authorities to 
recognize them, a description of the period during whic h the customs officers were requested to take 
action and any other useful information to identify the exporter and the importer.  The application was 
required to be accompanied by proof that the appli cant was holder of a trade mark, production licence, 
copyright etc.  The customs authorities would then examine the application, and notify the applicant 
within five days whether it would be accepted.  When the application was accepted the decision of the 
General Directorate was notified promptly to all cust oms offices.  This decision also specified the  
period within which the customs authorities would in tervene.  The decision could also require the 
provision of a repayable deposit to cover any administrative charges occurred by the customs administration for carrying out the action (including storing the goods).  If the applicant did not agree 
with the given amount, the General Directorate was required to review it. 
 148. She further noted that point 120 of the Decision of the Council of Ministers, No. 205, defined 
the control procedures for counterfeit and pirated goods according to the description of the rights’ 
holder.  When customs authorities proved that the controlled goods correspond with the description of 
the applicant they suspended their release or seized the goods depending on the circumstances and 
visible proof.  They then had to notify the applicant immediately about the action taken.  In accordance with the legislation in force regardi ng the protection of professional, commercial and 
industrial secrecy, the customs authorities notified the holder of the right of the name and address of 
the declarant, and if known, the name of the c onsignee of the goods, with a view to allow the 
applicant to take legal action against the consignee.    149. If the applicant asked to inspect the suspende d or seized goods, the custom authorities would 
allow him or her to do so.  After notification of the decision of the General Customs Directorate for 
the suspension of seizure of the goods, the holder of the right had the right to appeal to the competent judicial bodies for damages and to require compensation, but he or she had to notify the customs authorities within 20 days.  If the right holder did not notify the customs authorities within 20 days, the customs would suspend the decision for the su spension or seizure of the goods, and release the 
goods.  If the alleged infringement was not proven, a nd damage has been incurred to the importer or 
any third party as a result of the intervention of th e customs authorities, the applicant was responsible 
and liable to compensate for damages incurred.  WT/ACC/SPEC/ALB/6/Rev.4 
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150. In response to questions concerning the complian ce of Albanian legislation with Article 61 of 
the TRIPS Agreement, the representative of Al bania stated that, according to Law No 8594 dated 
6 April 2000, “On some Supplements and Changes on the law No. 7564 dated 19 May 1992, On Copyright”, article 50 of the Law on Copyright was changed as follows:  a) the translation, adoption, sound or visual recording, importation, reproduction a nd circulation, the entry of special instruments 
for recording sounds and/or images, radio and/or te levision  broadcasting or transmission other than 
through radio or television, or the transmission of an artistic work by any other means without the authorization of its author or th e agency to which the rights have been transferred by the author, 
which conflicts with the provisions of this law or the international conventions ratified by the 
Republic of Albania, when the author's moral a nd economic rights have been infringed, constitutes a 
criminal work and is penalized by fine or imprison ment up to one year;  b) Disputes between the user 
of an intellectual property work and the author or th e agency to which the rights have been transferred 
by the author, because of a violation of the cond itions specified in the contract concluded between 
them, are submitted by the interested party to the relevant court for civil settlement. Apart from the 
abovementioned Article, Articles 147,  148 and 149 of the Penal Code are dealing with infringements 
of the intellectual property rights In these cases, th e prosecutor's office initiated the penal procedures 
based on the complaint lodged by the right holder.     
 
 
151. Some members of the Working Party noted that the general civil juridical system in Albania 
applied to IPR cases and that provisional remedies we re available.  They asked that Albania confirm 
explicitly that a right holder is able under Albanian law to seek and receive an order for an ex parte 
search and seizure or apply for other appropriate in junctive or provisional relief.   In response, the 
representative of Albania stated that Article 11 of the Law entitled "Some changes and supplements 
on the Law No. 7819 dated 27.04.1994, for Indus trial Property" No. 8477 dated 22 April 1999, 
provided that: 
 
"In addition to the measures specified in pa ragraph 2 (a) of article 89 of the "Law on 
Industrial Property", the court may re-establis h the situation that existed before the 
infringement and to stop infringing actions, to proceed with an effective seizure of the 
goods and, when necessary, to destroy illegally u sed marks, tools that could be used to 
manufacture the goods and the goods themselves in absence of possibility to remove any 
illegally mark from such goods." 
 
She further noted that Article 19 of the cited Law above provided: WT/ACC/SPEC/ALB/6/Rev.4 
Page 72  
 
  
"The judicial authorities shall have the author ity to order prompt and effective provisional 
measures:  to prevent an infringement of any industrial property rights from occurring, 
and in particular to prevent the entry into the channels of commer ce in their jurisdiction 
of goods, including imported goods immediately after customs clearance; and to preserve relevant evidence in regard to the alleged infringement." 
 
152. The representative of Albania confirmed that ar ticles 42, 70 and 89 of the Law “On Industrial 
Property” authorize the court to enjoin patent, trad emark or industrial design infringements.  In the 
Implementation Provisions on Customs Code, approv ed by the Council of Ministers on 13 April 1999, 
it is mentioned that the holder of the right may lodge an application in writing at the General 
Directorate of Customs for action after presenting pr oof that there are counterfeited or pirated goods. 
When the General Directorate of Customs is convi nced, it may suspend the release of the goods or 
seize the goods, depending on the situation.  In Article  292 of the Code of Civil procedure it is stated 
“When an evidence on which depends the solution of th e dispute or which influences its clarification, 
is in danger of disappearing or its acquisition to become difficult, on the request of the interested 
party, it may be ordered its acquisition in advance”.   Article 294 of the same Code states “in the 
request for the securing of the evidence, must be s hown: the evidence to be taken, the circumstances 
for whose proving it serves and the reasons which jus tify its acquisition in advance.  The copy of the 
request is communicated to the other party, except wh en it is not known or when the acquisition of the 
evidence does not allow delay.  In Article 274 of the “Code of Criminal Procedures” it is stated: 
“When there is a danger that free possession of an  object related to the criminal offence may 
aggravate or prolong its consequences or facilitate  the commission of other criminal offences, the 
competent court will on demand of the prosecutor order its attachment by reasoned decision. 
 
153. The representative of Albania stated that her G overnment would apply fu lly the provisions of 
the Agreement on Trade-related Aspects of Intellect ual Property Rights (TRIPS) by the date of its 
accession to the WTO without recourse to a transitional period.  The Working Party took note of this 
commitment. 
 
Trade in Civil Aircraft 
 
154. The representative of Albania stated that Alba nia committed that at the time of accession its 
imports on civil aircraft and parts will be zero.  Fu rthermore, Albania will be in conformity with the 
Agreement on Trade in Civil Aircraft and will be ready to sign the Agreement at the time of 
accession.  The Working Party took note of those commitments.    WT/ACC/SPEC/ALB/6/Rev.4 
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Policies Affecting Trade in Services  
155. The representative of Albania submitted Albania' s draft schedule of specific commitments in 
services (WT/ACC/SPEC/ALB/5/Rev.6).  
156. In response to requests for information from members of the Working Party concerning the 
various laws regulating trade in services in Alba nia, the representative of Albania provided the 
following Table:  
Table 10: Albania's Laws and Legislative Measures Affecting Services
 
Law or Legislative Measure No. Dated A ffected Service or Service Providing Mode
"On Telecommunication 
Regulatory Body" 8288 18.02.1998 Telecommunication services 
"On Telecommunications" 8083 Nov 1995 Telecommunications services 
"For Road Transport" 8308 18.03.1998 Liberalizes transportation services 
"On Insurance and Re-
insurance Companies" 8081 07.03.1996 Liberalizes insurance services 
"On the Bank of Albania" 8269 12.1997 Liberalizes banking services 
"Banking of the Republic of 
Albania" 8365 02.07.1998 Liberalizes banking services 
"On Sales and Purchase of 
Sites" 7980 27.07.1995 Liberalizes real estate transactions. 
"On Fishery and 
Aquaculture" 7908 05.04.1995 Liberalizes other business services 
"On Veterinary Service and 
Inspectorate" 7074 23.02.1993 Liberalizes business services 
"On Legal Profession in the 
Republic of Albania" 8428 14.12.1998 Liberalizes professional services  
"On Notary" 7829 01.07.1994 Liberalizes professional services 
"On Higher Education in 
the Republic of Albania" 7810 06.04.1994 Liberalizes educational services 
"On Foreigners in the 
Republic of Albania" 8492 27 May 
1999 Liberalization of mode 4. 
"On Commercial 
Enterprises" 7953 
8108 22.06.1995 
28.03.1996 Liberalization of mode 3. 
"On Accountancy" 7661 19.01.1993 Liberalizes professional services. 
"On Investments Funds" 7979 26.07.1995 Liberalizes financial services 
 
157. The representative of Albania noted that the Law 8081 dated 07.03.96 "On Insurance and 
Reinsurance Companies", was amended by the Law “On Some Changes to Law No. 8081 dated WT/ACC/SPEC/ALB/6/Rev.4 
Page 74  
 
 07 March 1999 On Insurance and Reinsurance Co mpanies”,  No. 8606 dated 27 April 2000 which 
eliminated the restriction on joint ventures and eased the restriction on experience from 10 years to 5 
years for foreign companies that intend to provid e services in the Albanian market.  The "Law on 
Investment Funds" would be amende d to improve the securities regi me and to provide a framework 
for asset management, within one year of the date  of accession.  The "Law on Theatres", No. 8578 
dated 10 February 2000 was approved by to create market access for private foreign and domestic 
service providers for theatres, live bands and ope ras.  The "Law on Libraries", No. 8576 dated 
03 February 2000 was enacted to create market access  for private foreign and domestic library service 
providers.   
 
TRANSPARENCY 
 
Publications  
158. The representative of Albania said that laws, reso lutions and decisions related to international 
trade only became effective after publication in the Official Gazette. 
 159. The representative of Albania said that, at the latest from the date of accession, all laws and 
regulations related to trade would be published in the Official Gazette  promptly and that no law or 
regulation related to international tr ade would become effective prior to  such publication.  He further 
stated that Albania would implement fully Artic le X of the GATT 1994 and the other transparency 
requirements in WTO Agreements re quiring notification and publication. 
 
Notification  
160. The representative of Albania said that, at the lat est upon entry into force of the Protocol of 
Accession, Albania would submit all initial notifica tions required by any Agreement constituting part 
of the WTO Agreement.  Any regulations subsequent ly enacted by Albania which gave effect to the 
laws enacted to implement any Agreement cons tituting part of the WTO Agreement would also 
conform to the requirements of that Agreement.  The Working Party took note of these commitments. 
 
TRADE AGREEMENTS 
 161. In response to a request from members of the Working Party, the representative stated that 
Albania had concluded several bilateral Agreem ents on Economic Cooperation and Trade.  These 
agreements provided the general rules for developm ent of trade and economic cooperation (i.e., trade  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 75 
 
 
 relations) between parties on the basis of equality  and mutual benefit in accordance with their 
respective laws and regulations, and in compliance w ith any rules on international trade to which the 
partner country was a signatory (e.g., GATT or WT O), where applicable.  Because Albania did not 
have relations with most countries of the world, the bilateral agreements served as a mechanism to 
provide the conditions for international trade.    
162. She noted that the conditions of these agreements involve the following principles.  The 
bilateral partners agreed to grant to each other most favored nation treatment with respect to all 
matters concerning exports and imports of goods originating from the partner country, in accordance 
with the principles of the World Trade Organizati on or GATT (depending on when the bilateral was 
signed).  The parties, in accordance with the laws and regulations in force in their country, provided 
all possible facility for the transshipment, temporary storage and transit trade of the commodities.  In 
cases where the agreements covered services.  The Par ties agreed to apply the principles and practices 
recognized in the world  in the financial, banking and insurance sectors and to proceed in accordance 
in with the laws and regulations in force in their respective countries.  
 
163. She further added that the parties usually  created a joint commission to cover the 
implementation provisions of the agreement, to pr opose measures to solve the observed difficulties in 
the mutual economic relations, and to find other po ssibilities for the extension of trade and economic 
cooperation.  In her opinion, these bilateral agreem ents in no way violate the MFN provisions of the 
WTO or provide preferential arrangements of any kinds.  
 164. She also informed members of the Working Party that Albania had concluded several 
agreements for the promotion and reciprocal protec tion of investments.  These agreements provide for 
the promotion and reciprocal protection of invest ments, the encouragemen t of business initiatives, 
creation of favorable conditions for  investments of i nvestors of one state in the territory of the other 
state.  That is, these agreements served as the funda mental base foreign investment law in Albania.  
The agreements provide that when investments by investors of either  contracting party suffer losses 
owing to war, armed conflict, a state of national emer gency, revolt, insurrection, riot or similar events 
in the territory of the other contracting party, th ey can be accorded by the latter contracting party 
treatment as regards restitution, compensation or ot her settlement, no less favorable than that which 
the latter contracting party accords to its own invest ors or to investors of any third state.  Each 
contracting party shall in its territory accord i nvestments and returns of investors of the other 
contracting party, as regards management, mainte nance use, enjoyment or disposal of their 
investments, treatment which is fair and equitable and not less favorable than that which it accords to 
its own investors or to investors of any third state,  whichever is more favorab le.  The parties guarantee WT/ACC/SPEC/ALB/6/Rev.4 
Page 76  
 
 the transfer of payments related to investments and returns. The transfers (capital and additional 
amount to maintain or increase the investment; pr ofits, interest, dividends, funds in repayment of 
loans, proceeds of sale liquidation on the investments)  shall be made in a freely convertible currency, 
without any restriction.  The bilateral parties shall encourage the development of joint activities 
between them through the promotion and mutual pr otection of investments, prevention of double 
taxation and other measures accepted by them.  The investment promotion agreements do not in any 
way violate the TRIMs Agreement of the WTO.  They served as a means of establishing economic 
relations with countries with wh ich had not formal relations.  
 165. In response to further requests for informati on the representative of Albania provided the 
following list of trade agreements. 
 
Table 11: Albania's Bilateral Agreements fo r Promotion and Protection of Investments
 
Agreement by Country and Date of 
Implementation Agreement by Country and Date of 
Implementation 
Greece March 1991 
Italy September 1991 
Federal Republic of Germany October 1991 
Turkey June 1992 
Switzerland September 1992 
China February 1993 
Poland March 1993 
Austria March 1993 
Croatia May 1993 
Tunisia October 1993 
Malaysia January 1994 
United Kingdom March 1994 
Netherlands April 1994 
Bulgaria April 1994 
Romania May 1994 
Czech Republic June 1994 
Egypt December 1994 
Russian Federation December 1994 
United States January 1995 
Sweden March 1995 
France,  June 1995 
Denmark September 1995 
Hungary,  January 1996 
Israel January 1996 
Finland June 1997 
Slovenia,  October 1997 
Former Yugoslav Republic of Macedonia December 1997 
Portugal September 1998 
Belgium-Luxembourg February 1999 
France,  February 1988  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 77 
 
 
 Agreement by Country and Date of 
Implementation Agreement by Country and Date of 
Implementation 
Greece,  March 1988 
Federal Republic of  Germany June 1988 
Romania May 1989 
Italy September 1989 
Turkey June 1990 
Slovenia May 1992 
United States May 1992 
Netherlands February 1993 
China February 1993 
Poland March 1993 
Croatia May 1993 
Malaysia January 1994 
Austria March 1994 
Bulgaria April 1994 
Czech Republic June 1994 
Egypt 1994 
Russian Federation ,  April 1995 
Switzerland October 1995 
Former Yugoslav Republic of Macedonia   December 1997 
 
The agreements for promotion and protection of in vestments are intended to create a legal basis to 
promote mutual cooperation in the area of investme nts.  These agreements were intended to create a 
legal basis to promote a favourable investment cl imate through the passing of legislation that was 
non-discriminatory and provided national treatment .  These agreements were not preferential 
arrangements and contained no provision s applying advantages or granting privileges to either Party.   
 
Table 12:  Albania's Bilateral Agreem ents on Economic Cooperation and Trade  
Agreement by Country Da te of Implementation 
Former Yugoslav Republic  of Macedonia Feb 1998 
Slovenia Oct 1997 
France Jun 1995 
Netherlands Mar 1994 – Mar 1995 
Egypt Dec 1994 
Russian Federation Dec 1994 
Czech Republic Jun 1994 
Romania May 1994 
Bulgaria Apr 1994 
Malaysia Jan 1994 
Croatia May 1993 
Poland Mar 1993 
Austria Mar 1993 
China Feb 1993 
Switzerland Sep 1992 
Turkey Jun 1992 
United States   Nov 1991 WT/ACC/SPEC/ALB/6/Rev.4 
Page 78  
 
 Agreement by Country Da te of Implementation 
Germany Oct 1991 
Italy  Sept 1991 
Greece Mar 1991 
 
These agreements were intended to create a legal b asis to promote mutual economic cooperation on a 
national treatment basis and without discrimina tion.  The agreements were not preferential 
arrangements, nor were they free trade agreements.  The provisions of these agreements did not apply 
advantages or grant privileges (either in terms of market access or in national treatment) to either 
Party.  The representative of Albania also made  copies of the above agreements available for 
consultation by Working Party members.  
 
166. The representative of Albania stated that her Government would observe  the provisions of the 
WTO including Article XXIV of the GATT 1994 and Ar ticle V of the GATS in its trade agreements 
from the date of accession, and would ensure that  the provisions of these WTO Agreements for 
notification, consultation and other requirements co ncerning preferential trading systems, free trade 
areas and customs unions of which Albania became  a member would be met.  The Working Party 
took note of these commitments.  
Conclusions 
 167. The Working Party took note of the explanations and statements of Albania concerning its 
foreign trade regime, as reflected in this Report.  The Working Party took note of the commitments 
given by Albania in relation to certain specific matte rs which are reproduced in  paragraphs 30, 34, 38, 
46, 51, 53, 58, 61, 65, 73, 74, 75, 79, 81, 84, 86, 90, 92, 94, 104, 108, 110, 115, 118, 123, 153, 154, 
160 and 166 of this Report.  The Working Party took note that these commitments had been 
incorporated in paragraph 3 of the Protocol of Accession of Albania to the WTO.    168. Having carried out the examination of the foreign trade regime of Albania and in the light of 
the explanations, commitments and concessions made  by the representative of Albania, the Working 
Party reached the conclusion that Albania be invited to accede to the Marrakesh Agreement 
Establishing the WTO under the provisions of Article  XII.  For this purpose, the Working Party has 
prepared the draft Decision and Protocol of Accessi on reproduced in the Appendix to this report, and 
takes note of Albania's Schedule of Con cessions and Commitments on Goods (document 
WT/ACC/SPEC/ALB3/Rev.6 and Corrigenda 1-3) and its Schedule of Specific Commitments on 
Services (document WT/ACC/SPEC/ALB/5 /Rev.8) that are annexed to the Protocol.  It is proposed 
that these texts be adopted by the General Council wh en it adopts the Report.  When the Decision is  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 79 
 
 
 adopted, the Protocol of Accession would be open for acceptance by Albania which would become a 
Member thirty days after it accepts the said Protocol .  The Working Party agreed, therefore, that it had 
completed its work concerning the negotiations for the accession of Albania to the Marrakesh 
Agreement Establishing the WTO. WT/ACC/SPEC/ALB/6/Rev.4 
Page 80  
 
  
[APPENDIX I ] 
 
ACCESSION OF ALBANIA 
 
Draft Decision
 
 
 The General Council,   Having regard
 to the results of the negotiations di rected towards the establishment of the 
terms of accession of the Republic of Albania to  the Marrakesh Agreement Establishing the World 
Trade Organization and having prepared a Protocol for the Accession of Albania,   Decides
, in accordance with Article XII of the Marrakesh Agreement Establishing the World 
Trade Organization, that the Republic of Al bania may accede to the Marrakesh Agreement 
Establishing the World Trade Organization on the terms set out in the said Protocol.]  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 81 
 
 
 DRAFT PROTOCOL OF ACCESSION OF ALBANIA 
TO THE MARRAKESH AGREEMENT ESTABLISHING THE  
WORLD TRADE ORGANIZATION  
 
 The World Trade Organization (hereinafter referred to as the "WTO"), pursuant to the 
approval of the General Council of the WTO accord ed under Article XII of the Marrakesh Agreement 
Establishing the World Trade Organization (hereina fter referred to as "WTO Agreement"), and the 
Republic of Albania (hereinafter referred to as "Albania"),    Taking note
 of the Report of the Working Party on the Accession of Albania to the WTO in 
document WT/ACC/ALB/SPEC/6/Rev.4 (hereinafter re ferred to as the "Working Party Report"), 
 
 Having regard  to the results of the negotiations on the accession of Albania to the WTO, 
  Agree
 as follows: 
 
Part I - General  
 
1. Upon entry into force of this Protocol, Al bania accedes to the WT O Agreement pursuant to 
Article XII of that Agreement and thereby becomes a Member of the WTO. 
 2. The WTO Agreement to which Albania acced es shall be the WTO Agreement as rectified, 
amended or otherwise modified by such legal inst ruments as may have entered into force before the 
date of entry into force of this Protocol.  This Protocol, which shall include the commitments referred 
to in paragraph 165 of the Working Party Report, sh all be an integral part of the WTO Agreement. 
 3. Except as otherwise provided for in the para graphs referred to in paragraph 165 of the 
Working Party Report, those obligations in the Multilateral Trade Agreemen ts annexed to the WTO 
Agreement that are to be implemented over a period of  time starting with the entry into force of that 
Agreement shall be implemented by Albania as if it had accepted that Agreement on the date of its 
entry into force.  4. Albania may maintain a measure inconsistent  with paragraph 1 of Article II of the GATS 
provided that such a measure is recorded in the list of Article II Exemptions annexed to this Protocol 
and meets the conditions of the Annex to the GATS on Article II Exemptions. 
 WT/ACC/SPEC/ALB/6/Rev.4 
Page 82  
 
 Part II - Schedules
 
 
5. The Schedules annexed to this Protocol shall become the schedule of Concessions and 
Commitments annexed to the General Agreement on Tariffs and Trade 1994 (hereinafter referred to 
as the "GATT 1994") and the Schedule of Specific Commitments annexed to the General Agreement 
on Trade in Services (hereinafter referred to as  "GATS") relating to Albania.  The staging of 
concessions and commitments listed in the Schedu les shall be implemented as specified in the 
relevant parts of the respective Schedules.  6. For the purpose of the reference in paragraph 6(a) of Article II of the GATT 1994 to the date 
of that Agreement, the applicable date in resp ect of the Schedules of Concessions and Commitments 
annexed to this Protocol shall be the date  of entry into force of this Protocol. 
 
Part III - Final Provisions
 
 
7. This Protocol shall be open for acceptance, by signature or otherwise, by Albania until 
31 December 2000.  8. This Protocol shall enter in to force on the thirtieth day following the day of its acceptance. 
 
9. This Protocol shall be deposited with the Director-General of the WTO.  The Director-
General of the WTO shall promptly furnish a certifie d copy of this Protocol and a notification of 
acceptance thereto pursuant to paragraph 7 to each member of the WTO and Albania.  
10. This Protocol shall be registered in acco rdance with the provisions of Article 102 of the 
Charter of the United Nations.   Done at Geneva this ... day of   .... one thousand nine hundred an d ninety nine, in a single copy 
in the English, French and Spanish languages eac h text being authentic, except that a Schedule 
annexed hereto may specify that it is authen tic in only one or more of these languages.  WT/ACC/SPEC/ALB/6/Rev.4 
 Page 83 
 
 
  
ANNEX 
 
SCHEDULE – REPUBLIC OF ALBANIA  
 
Part I - Goods 
 
[TO BE COMPLETED] 
  
Part II - Services 
 
[TO BE COMPLETED] 
 
 
  
  
 WT/ACC/SPEC/ALB/6/Rev.4 
Page 84 APPENDIX I 
 
Memorandum on Restrictions and Proh ibitions for Importable products 
  
Products Requiring Import Licensing, By Type: Justification, Licensing And Other Requirements  
  
Article And Description By Harmonized Code Or As 
Described By Law Or International Convention  
Justification/Rationale Of The 
Restriction  
Process To Obtain Licence, Ty pe Of Licence, And Duration 
 
93.01 - 93.07 Arms and Munitions, Parts and 
Accessories Thereof:  M ilitary weapons, munitions 
such as bullets of all cal ibers, missiles, grenades, 
mines, fireworks of 180 mm, etc. 
36.01 - 36.06.90.90 Explosives, Pyrotechnic Products, 
Matches, Pyrophoric Alloys: military explosives and powders such as TNT, egzogyn, dynamite, ammonite, 
etc.; all kinds of firearms  
Regulation for the "Licensing of Trade and Sale of 
Armaments" dated 10.09.1994 approved by the Prime 
Minister; 
Decision of the Council of Ministers: On the 
Extermination and Sales of Armaments and Munitions", No. 365, 6.6.1994 
Decision of the Council of Ministers: "For Working 
with Explosive Materials", No. 257, 16.4.1996  
To protect the national security of the 
Republic.  
The Ministry of Defence (MOD) has defined the procedures for 
obtaining export licenses for these products and is authorized to 
issue such licenses.   
There are two types of licenses,  one for armaments and one for 
explosive materials.  For armaments, the licence is available for 
juridical, public, privat e, Albanian, and foreigners.  The licence is 
authorized by the Order by the MOD, No. 402 dated 1998.  The 
licence is transferable and can be  automatically renewed in part 
or whole by the Minister. 
The licensed enterprises or person(s) must have an Export 
Authorization by the MOD.  The authorization is granted when the following documents are supplied: legal registration of the 
enterprise or person, the right to excise the activity, and the 
certificate of the end-user.   
For explosives, licenses are issued under Order No. 402 by a 
commission in the MOD.  A licence defines the purposes of the 
activity, the date of issue, validity, the terms of renovation of the 
licence and the registration number.   The licence is issued to 
professionals and is non-transferable.  The licence is for two years and is renewable.   
 
28.44  Nuclear materials, ra dioactive materials, sources 
for the radioactive radiation (including radioactive 
waste), technologies, equipment and plants, special 
non-nuclear materials  
To protect the national security of the 
Republic, as well as to adhere to 
international commitments related to 
non-proliferation, mass destruction and production of technologies 
thereof.  
The Ministry of Defence has defi ned the procedures for obtaining 
import licensing for these products.  
  WT/ACC/SPEC/ALB/6/Rev.4
 Page 85 
Article And Description By Harmonized Code Or As 
Described By Law Or International Convention  
Justification/Rationale Of The 
Restriction  
Process To Obtain Licence, Ty pe Of Licence, And Duration 
 
Non-dangerous waste: Waste from social and 
economic activities and physically consumed products 
that are not included in the definition of dangerous waste (see prohibited section for the definition of 
dangerous waste); these pr oducts include waste from 
steel, foundry, copper, brass, bronze, glass, paper and card board, wool and cotton fibres, fabrics of wool and 
cotton ; contemporary productive technology 
(equipment, methods, or new technologies that are 
used to prevent or minimize the damage to the 
environment); and urban waste from houses and social activities. 
Decision of the Council of Ministers: "On Dangerous 
and Non-dangerous Waste", No. 26 dated 31.1.94  
To protect the life and health of the 
population, and to protect the 
environment  
The Ministry of Health and the Committee of Environmental 
Protection has defined the procedures for obtaining import 
licensing for non-dangerous waste.   
To request a  licence one must be a physical and juridical 
person(s), must provide a declaration that contains a list of the waste to be imported, its quality and composition, its destination 
within Albania, and an explanation of the purposes of its use (i.e., 
if to be used in productive economic activity or as waste without additional value-added activities).  The importer must respect all 
standards of environmental protection. 
The importer must have a declaration on waste provided by the 
authorized institutions of the country of origin, certificates that 
demonstrate that such waste ar e not dangerous, and that the 
exporter have permission from the customs authorities of the 
country of origin.  Finally, all transportation documents must 
accompany the abovementioned documents. 
The Ministry of Health or Committee on Environmental 
Protection must issue or refuse a licence within 30 working days 
after the submission of the application.  Licenses are valid for one 
year and are non-automatic.  
 WT/ACC/SPEC/ALB/6/Rev.4 
Page 86  
Article And Description By Harmonized Code Or As 
Described By Law Or International Convention  
Justification/Rationale Of The 
Restriction  
Process To Obtain Licence, Ty pe Of Licence, And Duration 
Narcotic Drugs and Psychotropic Substances refer to 
the list in accordan ce with the Conv entions of 1961 
and 1971.  See Annex 2 of this table, titled “ List of 
Narcotic Drugs and Psychotropic Substances which require import Licensing and Special Import 
Authorization to be imported in Albania”. 
Law: "On Narcotic Drugs and Psychotropic Substances, No. 7975 dated 26 July 1995.  
This law was drafted in accordance with the 
Convention on “Narcotic Drugs” 1961 and Convention 
on “Psychotropic Substances” 1971, and the 
Adjournments of 1993.  To protect the life and health of the 
population and to adhere to 
international conventions to which 
Albania is a signatory.  Narcotic drugs and psychotropic substances for medicinal 
purposes are permitted to be imported into the Republic of 
Albania after they have been regi stered.  Both local and foreign 
products are subject to registration.  what follows are the conditions of importing narcotic drugs and psychotropic 
substances.   
Prior to applying for a  licence to import a narcotic or psychotropic substance, a person or enterprise must be registered 
in the Court of first degree to become a natural or juridical 
subject, and then to be registered with the proper Tax Office.  The 
tax registration process registers the individual/firm as having the 
right to engage in specific trading activity (i.e., import, export, transport, or other marketing activities) or medical/scientific 
research activities requiring narcotic drugs or psychotropic 
substances.   
  Having been registered with the Court and Tax Office, natural or 
juridical subjects can apply for a licence to import pharmaceutical 
products into Albania. To apply for a licence, natural or juridical 
subjects must have graduated with  a degree in pharmacy from the 
Faculty of Natural Sciences or have employed a person who is 
qualified as such.  At this point the importer is prepared to present an application for a licence at th e Directory of Pharmaceutics in 
the Ministry of Health.  To re quest for a licence, the importer, 
either a producer or a party auth orized by him, must provide the 
name and address of the techni cal director (i.e., the licensed 
pharmacist registered in Albania), define the scope of the 
activities, the countries with which trade will occur, and provide a list of the name and quantities of the substances. The licence is 
non-automatic, non-transferable and valid for one year. Upon 
expiry of this term, the importing entity should apply for a new import licence.  
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Article And Description By Harmonized Code Or As 
Described By Law Or International Convention  
Justification/Rationale Of The 
Restriction  
Process To Obtain Licence, Ty pe Of Licence, And Duration 
  Upon issuing of the import licen sing, the importer of narcotic or 
psychotropic medicines may import such medicines only after 
being issued an authorization from the Ministry of Health, 
Directory of Phar maceutics, which is issued within five working 
days.  The importer should pres ent a request that includes the 
name and address of the exporter, the name of the recipient of the 
cargo (importer in Albanian), the joint international name, the name of the medicine in the tables included the international 
conventions, the quantity of each medicine, the time period when 
the import is due, the mode of  transport and the point of 
destination within the Republic of Albania.  
  The authorization is based on the sample compiled by the 
Narcotic Medicines Commission of the Economic and Social Council of United Nations. The authorization is passed by the 
Albanian importer to the fore ign producers (the respective 
exporter) who presents it to the Control Bodies of his country and the latter presents this authoriza tion to the International Board of 
Narcotic Control (INCB) to carry out the necessary verifications. 
After approval from the latter, th e exporting country issues to the 
producer the export authorization. This document should be 
together with the cargo and upon arrival at the destination, a copy of it is sent to the Albanian control authorities, which confirm the 
arrival of the cargo to the government of the exporting country. 
Upon the arrival of cargo in Albania, the respective import authorization is issued in same mode as proceeded for other 
medicines (refer to the following paragraph).  
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Article And Description By Harmonized Code Or As 
Described By Law Or International Convention  
Justification/Rationale Of The 
Restriction  
Process To Obtain Licence, Ty pe Of Licence, And Duration 
30.00 Pharmaceutical products  
Law on “Medicaments”, No. 7815 dated 20.04.1994 
 To protect the life and health of the 
population. Medicines are permitted to enter into the Republic of Albania 
after they have been registered.  Both local and foreign products 
are subject to registration.  The process for importing a registered 
pharmaceutical product is first desc ribed and then the process for 
registering a pharmaceutical product is described. 
Prior to applying for a licence to import pharmaceutical products, 
a person or enterprise must be registered in the Court of first 
degree to become a natural or juridical subject, and then to be 
registered with the proper Ta x Office.  The tax registration 
process registers the individual/firm as having the right to engage 
in specific trading activity (i.e., import, export, transport or other 
marketing activities for phar maceutical products).  
  Having been registered with the Court and Tax Office, natural or 
juridical subjects can apply for a licence to import 
pharmaceuticals products into Alba nia. To apply for a licence, 
natural or juridical subjects must have graduated with a degree in pharmacy from the Faculty of Natural Sciences or have employed 
a person who is qualified as such.  At this point the importer is 
prepared to present an application for a licence at the Directory of 
Pharmaceutics in the Ministry of  Health.  The request for a 
licence to import must include the list of medicines to be imported, the international collective name (INN) and the 
commercial name, the quantity to be imported for each separate 
medicine, and the Albanian CIF price.  Upon completion of this procedure, the import marketing authorization issued (which only 
serves as a document to check the quality and quantity of the 
medicine) by the Ministry of Health and is presented to the customs authority.  If the imported product is what is specified in 
the import licence, then the import marketing authorization is 
automatic and shall be issued in five working days.  There are no substantive criteria to deny authorization to import; only when the 
abovementioned conditions are not met will authorization be 
denied  
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Article And Description By Harmonized Code Or As 
Described By Law Or International Convention  
Justification/Rationale Of The 
Restriction  
Process To Obtain Licence, Ty pe Of Licence, And Duration 
  Process for registeri ng a pharmaceutical product :  The substantive 
requirements for the registration of medicaments are as defined in 
the regulation "On the Registration of Drugs in the Republic of 
Albania".  To process to register a medicament, the requirements which apply to natural and juridical subjects whether the product 
is produced in Albania or abroad, includes the presentation of the 
Free Sale Certificate in the country  of origin; a confirmation that 
the drug is manufactured accordi ng to the Good Manufacturing 
Practices; the presentation of  chemical, pharmaceutical and 
biological documentation, stability test, toxicological and 
pharmacological and clinical documentation; and a quality 
control is performed by the National Center of Drugs Control.  Every pharmaceutical manufacturer must present samples of the 
drugs that its wants to register.  If any one of the documentation 
is not presented or if the drug fails the quality control, then the registration will be refused.  The regulation does not provide for 
an appeal process. 
12.00  Seeds and seedlings 
Law: "On Seeds and Saplings", No. 7659 dated 
12.01.1993. 
Decision of Council of Ministers: "The Setting up of 
the State Entity of Seeds and Saplings (SESS)", No. 447 dated  3.09.1993 
Decision of Council of Ministers  “On Approving the 
Regulations for the Production, Reproduction, 
Treatment, Assessment, Trade, Control of Seeds and 
Saplings and for Protection and Treatment of Genetic Material of Plants”, No. 552 dated 14.11.1994 
 To ensure the quality of seeds and 
saplings.  To protect the environment, 
and the protection and safety/health of 
humans, animals and plants.  To adhere to requirements of international 
organizations to which Albania is a 
signatory.  Licenses are issued by the State Entity of Seeds and Seedlings 
based on the regulation of the Law on Seeds and Saplings” No. 
7659 dated 12 January 1993.  Licenses are issued to juridical 
persons, domestic or foreign, who possess the necessary technical qualification (university diploma in agronomy) or have employed 
in their companies such a qualified person.  Licenses are annual 
and are automatically renewable each  year. Prior to applying for a 
licence to import seeds and seedlings, a person or enterprise must 
be registered in the Court of first degree to become a natural or 
juridical subject, and then to be  registered with the proper Tax 
Office.  The tax registration process also registers the 
individual/firm as having the right to engage in specific trading 
activity (i.e., import, export, transport or other marketing activities for seeds and seedlings).  The same requirements apply 
to domestic production of covered products/similar articles.    
 WT/ACC/SPEC/ALB/6/Rev.4 
Page 90  
Article And Description By Harmonized Code Or As 
Described By Law Or International Convention  
Justification/Rationale Of The 
Restriction  
Process To Obtain Licence, Ty pe Of Licence, And Duration 
  Having been registered with the Court and Tax Office, natural 
or juridical subjects can apply for a licence to import seeds and 
seedlings into Albania. To apply for a licence, natural or juridical 
subjects must have graduated from the Faculty of Agronomy or have employed a person who is qualified as such.  At this point 
the importer is prepared to present an application for a licence at 
the State Entity for Seeds and Seedlings in the Ministry of Agriculture and Food.  To obtai n the licence, an importer must 
supply the required technical information of the seeds: technical 
data of the seeds contingent, the name of the seed, the origin, and 
the quantity and the quality of the seed. 
  Only seeds registered in the official catalogue of the State Entity 
of Seeds and Seedlings and that satisfy Albanian standards are 
permitted to be imported to Albania.  The Albanian standards, in addition to the international standards such as the DHS test 
(distinguishing, homogeneity and stability) test include also a test 
of the agronomic and technological value (Value for Cultivation and Use).  The procedures of registration are identical for 
Albanian and foreign subjects. 
 
   
 There are occasions when seeds are imported under emergency 
measures only by a proposal from the State Entity for Seeds and 
Seedlings (with the approval of the Ministry of Agriculture and Food).  Seeds and seedlings which are not registered in the 
Albanian Catalogue may be registered, on the condition that they 
are compatible with the climatic and soil conditions of Albania.  Registration is applied on a non-discrimination basis.  
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Article And Description By Harmonized Code Or As 
Described By Law Or International Convention  
Justification/Rationale Of The 
Restriction  
Process To Obtain Licence, Ty pe Of Licence, And Duration 
31.00 Pesticides 
Decision of the Council of Ministers: "On Pesticides", 
No. 584 dated 6/12/1993 To protect the environment, and the 
protection and safety/health of 
humans, animals and plants.  To 
adhere to the requirements of international organizations to which 
Albania is a signatory. Prior to applying for a licence to import pesticides, a person or 
enterprise must be registered in the Court of first degree to 
become either a natural or juri dical subject, and then to be 
registered with the proper Tax Of fice.  The tax registration form 
also registers the individual/firm as having the right to engage in 
specific trading activity (i.e., import, export, transport or other 
marketing activities for pesticides).  Once registered to engage in importing activity, the importer must go to the Ministry of 
Agriculture and Food, Directory of Plant Protection Services 
(DPSS) to declare the pesticides to  be imported.  If the pesticide 
is registered with the Albanian State Commission for the 
Registration of Pesticides (ASCRP), then an import licence is issued by the DPSS in accordance  with the Agreement on Import 
Licensing Procedures of GATT 1994. 
  The licence, issued within two months, specify the time limit as 
required by the importer up to one year maximum and are issued 
to an individual who has graduated from the Faculty of Agronomy or a firm which employs such a person.  If a pesticide 
is not registered in Albania, then the pesticide may  
not be imported. 
  The requirements for registerin g a pesticide with the ASCRP are 
the same for local and foreign products and are based on the same criteria as the EU's Directive No. 91/414 EEC dated 15.7.1991, 
Annex 2.  The requirements of this Directive were sanctioned by 
the Albanian government in the Decision of the Council of Ministers No. 584 dated 6.12.1993.  Registration requirements 
comply with the IPPC (International Plant Protection 
Convention).  Every year the requests for registration of new pesticides are attached to the Ministry of Agriculture and Food's 
special publication on the registered pesticides (Article 62 of the 
Decision of the Council of Ministers No. 584 dated 06.12.1993).   
 WT/ACC/SPEC/ALB/6/Rev.4 
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Article And Description By Harmonized Code Or As 
Described By Law Or International Convention  
Justification/Rationale Of The 
Restriction  
Process To Obtain Licence, Ty pe Of Licence, And Duration 
  The licensing process and appli cation for concessions is identical 
for natural and juridical subjects.  The information on the 
procedures of licensing, application for the concession as well as 
the registration of pesticides are available at the offices of the central and local administration of the Ministry of Agriculture 
and Food. 
01.00 - 02.00 Live animals and products 
Law on “ Albanian Veterinary Service”, No. 7674 dated 23.2.1993 
Law on "Food", No. 7941 dated 31.05.1995. To  protect the integrity of breeding 
stocks, the protection of the environment and safety/health of 
humans, animals and plants.  To 
adhere to the requirements of the international organizations to which 
Albania is a signatory. Prior to applying for a licence to import livestock, a person or 
enterprise must be registered in the Court of first degree to become a natural or juridical subj ect, and then to be registered 
with the proper Tax Office.  Th e tax registration process also 
registers the individual/firm as having the right to engage in specific trading activity (i.e., import, export, transport or other 
marketing activities related to livestock or livestock products). 
  Once the individual/firm is so registered, then the next step is to 
go to the Ministry of Agricultu re and Food, Directory of the 
Albanian Veterinary Service, to receive a licence (i.e., to receive 
"permission" as is stated the Law No. 7074 dated 23.02.1993).  The licence must be issued to all juridical and natural subjects, 
local and foreign, who are regi stered to import livestock or 
livestock products and who present the Certificate of the Origin 
and the Certificate of Sanitation.  Licenses are valid for up to 2 
months time and specify the quantity to be imported (only as a 
means for data collecting and statistical information).  Each time livestock or livestock products are to be imported, the importer 
must go the Ministry of Agricultu re and Food to receive a new 
licence.  Live animals imported are subject to quarantine conditions which are in conformity with the International 
Organization of Epizotive (IOE).  
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Article And Description By Harmonized Code Or As 
Described By Law Or International Convention  
Justification/Rationale Of The 
Restriction  
Process To Obtain Licence, Ty pe Of Licence, And Duration 
  For importing livestock for breeding purposes which are not 
already registered as a breed in Albania, in addition to the above 
criteria, the importer must have another document from the 
Central Commission of the Improvement of Breeds (CCIB), Ministry of Agriculture and Food, which will allow the animals to 
enter Albania.  The CCIB takes into consideration the regional 
policy of breeds in Albania as well as the program of genetic improvement of such breeds.  Th e CCIB allows or does not allow 
a certain breed based on the breed's characteristics and their 
ability to adapt to local conditions.  In cases where the CCIB 
refuses the request to import, the importer has the right to appeal 
the decision in the court of first de gree.  In the case of a registered 
and known breed in Albania, a document from the CCIB is not 
necessary. 
03.00 Fish and seafood products 
Law on “ Albanian Veterinary Service”, No. 7674 dated 23.2.1993 
Law on “ Fisheries and Aquaculture”, 
No. 7908 dated 05.04.95 
Law on "Food", No. 7941 dated 31.05.1995 To to protect the integrity of stocks, 
the protection of the environment and safety/health of humans, animals and 
plants.  To adhere to the requirements 
of the international organizations to 
which Albania is a signatory. Prior to applying for a licence to import fish and seafood 
products, a person or enterprise must be registered in the Court of first degree to become a natural or juridical subject, and then to 
be registered with the proper Tax Office.  The tax registration 
form also registers the individual/firm as having the right to 
engage in specific trading activity  (i.e., import, export, transport 
or other marketing activities for fish and seafood products).   Once the individual/firm is so registered, then the next step is to 
go to the Ministry of Agricultu re and Food, Directory of the 
Albanian Veterinary Service, to receive a licence (i.e., to receive 
"permission" as is stated the Law No. 7074 dated 23.02.1993).  
The licence must be issued to all juridical and natural subjects, 
local and foreign, who are registered to import fish or seafood products and who present the Certificate of the Origin and the 
Certificate of Sanitation.  Licenses are valid for up to 2 months 
time and specify the quantity to be imported (only as a means for data collecting and statistical information).  Each time fish or 
seafood products are to be impo rted, the importer must go the 
Ministry of Agriculture and Food  to receive a new licence.    
 WT/ACC/SPEC/ALB/6/Rev.4 
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Article And Description By Harmonized Code Or As 
Described By Law Or International Convention  
Justification/Rationale Of The 
Restriction  
Process To Obtain Licence, Ty pe Of Licence, And Duration 
04.07 Eggs  
Law on “ Albanian Veterinary Service”, 
No. 7674 dated 23.2.1993 
Law on "Food", No. 7941 dated 31.05.1995 To protect safety/health of humans. Prior to applying for a licence to import eggs, a person or 
enterprise must be registered in the Court of first degree to 
become a natural or juridical subj ect, and then to be registered 
with the proper Tax Office.  Th e tax registration process also 
registers the individual/firm as having the right to engage in 
specific trading activity (i.e., import, export, transport or other 
marketing activities for eggs). 
  Once the individual/firm is so registered, then the next step is to 
go to the Ministry of Agricultu re and Food, Directory of the 
Albanian Veterinary Service, to receive a licence (i.e., to receive 
"permission" as is stated the Law No. 7074 dated 23.02.1993).  The licence must be issued to all juridical and natural subjects, 
local and foreign, who are registered to import eggs and who 
present the Certificate of the Origin and the Certificate of 
Sanitation.  Licenses are valid for up to 2 months time and specify 
the quantity to be imported (only as a means for data collecting 
and statistical information).  Each  time eggs are to be imported, 
the importer must go the Ministry of Agriculture and Food to 
receive a new licence.   
 
51.00 Wool 
 Law on “ Albanian Veterinary Service”, 
No. 7674 dated 23.2.1993  
 To control against contagious diseases 
thereby protecting safety/health of 
animals. Prior to applying for a licence to import wool, a person or 
enterprise must be registered in the Court of first degree to 
become a natural or juridical subj ect, and then to be registered 
with the proper Tax Office.  Th e tax registration process also 
registers the individual/firm as having the right to engage in 
specific trading activity (i.e., import, export, transport or other marketing activities for wool).    
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Article And Description By Harmonized Code Or As 
Described By Law Or International Convention  
Justification/Rationale Of The 
Restriction  
Process To Obtain Licence, Ty pe Of Licence, And Duration 
  Once the individual/firm is so registered, then the next step is to 
go to the Ministry of Agricultu re and Food, Directory of the 
Albanian Veterinary Service, to receive a licence (i.e., to receive 
"permission" as is stated the Law No. 7074 dated 23.02.1993).  The licence must be issued to all juridical and natural subjects, 
local and foreign, who are registered to import wool and who 
present the Certificate of the Origin and the Certificate of 
Sanitation.  Licenses are valid for up to 2 months time and specify 
the quantity to be imported (only as a means for data collecting 
and statistical information).  Each time wool is to be imported, the 
importer must go the Ministry of Agriculture and Food to receive 
a new licence. 
41.00 Unprocessed leather Law on “ Albanian Veterinary Service”, No. 7674 dated 23.2.1993 
 
 To protect against contagious diseases 
thereby protecting safety/health of animals. Prior to applying for a licence to import leather, a person or 
enterprise must be registered in the Court of first degree to become a natural or juridical subj ect, and then to be registered 
with the proper Tax Office.  Th e tax registration process also 
registers the individual/firm as having the right to engage in specific trading activity (i.e., import, export, transport or other 
marketing activities for leather).   
Once the individual/firm is so registered, then the next step is to 
go to the Ministry of Agricultu re and Food, Directory of the 
Albanian Veterinary Service, to receive a licence (i.e., to receive 
"permission" as is stated the Law No. 7074 dated 23.02.1993).  
The licence must be issued to all juridical and natural subjects, 
local and foreign, who are registered to import leather and who present the Certificate of the Origin and the Certificate of 
Sanitation.  Licenses are valid for up to 2 months time and specify 
the quantity to be imported (only as a means for data collecting and statistical information).  Each time leather is to be imported, 
the importer must go the Ministry of Agriculture and Food to 
receive a new licence.    
 WT/ACC/SPEC/ALB/6/Rev.4 
Page 96 Prohibitions on Importable Products, by Ty pe: Justification, and Phase-out Period  
  
Article and Description by Harmonized Code or as 
Described by Law or International Convention  
Justification/Rationale of the 
Prohibition  
Phase-out Period 
 
Dangerous waste: Dangerous waste are defined as: 
toxic corrosive, residual  waste from explosives, 
carcinogens and radioactive, catalysts that endanger human, plant and animal and the environment, (see 
complete list in WT/ACC/ALB/25, pages 6-7) 
Decision of the Council of  Ministers: "On Dangerous 
and Non-dangerous Waste", No. 26 dated 31.1.94 
  
To protect human, plant, and animal 
health and the environment.  
To make changes to this list of products (or a change in the 
definition of dangerous waste) the Council of Ministers must 
make an approval.  The reported changes can be made available 
by the Ministry of Health an d the Committee of Environmental 
Protection. 
In the case where an importer is found to be receiving dangerous 
waste (i.e., prohibited waste) rather than non-dangerous waste, 
then the importer is required to obtain an export licence provided by the Committee for Environmental Protection so that these 
prohibited wastes can be returned to the country of origin. 
Military poisoning substances, chemical weapons, 
other strong poisons, and the devices for the protection from such substances and chemicals 
International Convention on the Prohibition of the 
Development, Production, Storage, and Usage of Chemical Weapons and Their Extermination (List No. 
2 and 3) which has been ratified by the Albanian 
Government.  
To protect the national security of the 
Republic.  
There is no specific law on the tr ade of Chemical Weapons.  The 
government is in the process of developing legislation to define 
the trade regime of such products.  The Ministry of Defence will 
be the responsible authority for such matters. 
Narcotic Drugs and Psychotropic Substances, refer to 
the list provided in WT/ACC/ALB/25, pages 6-7, and 
the Convention on “Narcotic Drugs”  1961,  Convention on “Psychotropic Substances” 1971, and 
the Adjournments of 1993. Annex 1 of this table titled  
“ List of Narcotic Drugs and Psychotropic Substances Prohibited to enter, to be produced or used in Albania” 
.Law: "On Narcotic Drugs and Psychotropic 
Substances, No. 7975 dated 26 July 1995.  This law 
was drafted in accordance w ith the Conventions of 
1961and 1971,and the Adjournments of 1993. To control the importing of narcotics in 
the territory of Republic of Albania.  
To protect the life and health of the 
population and to adhere to 
international conventions to which 
Albania is a signatory.   
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Article and Description by Harmonized Code or as 
Described by Law or International Convention  
Justification/Rationale of the 
Prohibition  
Phase-out Period 
 
Animal products of the infected and penalized 
countries by OIE (Organization International 
Epizotive); pesticides which are not registered in the Albanian catalogue on pes ticides; seeds and seedlings 
which are not certified and registered in the Albanian 
catalogue .Law: "On Seeds and Saplings", No. 7659 dated 12.01.1993. 
Decision of Council of Ministers Nr.447 dated  
3.09.1993 on “The setting up of State Entity of Seeds 
and Saplings”. 
Decision of Council of Ministers: "On approving of the 
Regulatory” on “ Production, Reproduction, Treatment, 
Assessment, Trade, Control of Seeds and Saplings and 
for Protection and Treatment of Genetic Material of 
Plants" , No. 552 dated 14.11.1994    
To control the importing of seeds and 
saplings.  To protect the environment, 
and the protection of safety/health of humans, animals and plants.  To adhere 
to requirements of international 
organizations to which Albania is a signatory.    
 
 
 
 
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