RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/ALB/39/Add.1
20 August 1999
(99-3498)
Working Party on the
Accession of AlbaniaOriginal:  English
ACCESSION OF ALBANIA
Additional Questions and Replies
Addendum
The following replies to questions raised by Members have been received from the Ministry of
Economic Co-operation and Trade of the Republic of Albania, with the request that they be circulated to
Working Party members.
_______________
TABLE OF CONTENTS
Question Page
I INTRODUCTION 1 3
III. FRAMEWORK FOR MAKING AND ENFORCING
POLICIES AFFECTING FOREIGN TRADE IN GOODS AND
TRADE IN SERVICES
3. Division of authority between central and sub-central
governments23
IV. POLICIES AFFECTING TRADE IN GOODS
1. Import Regulation
(c) Tariff quotas, tariff exemptions 3 3
(d) Other duties and charges, specifying any charges for services
rendered4-5 4
(e) Quantitative import restrictions, including prohibitions, quotas
and licensing systems65
(h) Customs valuation 7 5
(j) Pre-shipment inspection 8 6
(k) Application of internal taxes on imports 9-10 6(l) Rules of origin 11 7
(m) Anti-dumping and countervailing duty measures 12 7
(o) Safeguard regime 13 7
2. Export Regulation
(c) Quantitative export restrictions 14 8
(f) Export financing, subsidy and promotion policies 15 8WT/ACC/ALB /39/Add.1
Page 2
Question Page
3. Internal Policies Affecting Foreign Trade in Goods 16 8
(c) Sanitary and phytosanitary measures 17 9
(e) State-trading practices 18 10
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME
2. Substantive Standards of Protection
(a) Copyright and related rights 19-23 10
Trade Agreements 24 15
General 25 17WT/ACC/ALB/39/Add.1
Page 3
I. INTRODUCTION
Question 1.We appreciate the information provided by Albania in WT/ACC/ALB/40, reproduced and updated
in the chart in this section on the legislation it has developed to bring its trade regime intoconformity with WTO provisions.
We suggest that the chart be taken out of the report, and that Albania update the information in
the chart and have it issued as WT/ACC/ALB/40/Rev 1.
Reply:
Albania accepts that the chart on implementation of laws be taken out of the draft report and be
issued as WT/ACC/ALB/40/Rev.1.  Changes have be en made to the document to provide additional
specificity of the dates.
III. FRAMEWORK FOR MAKING  AND ENFORCING POLICIES AFFECTING FOREIGN
TRADE IN GOODS AND TRADE IN SERVICES
3. Division of Authority between Central and Sub-Central Form of GovernmentQuestion 2.We still think that all material in this section dealing with the appeals process should be moved to
Description of Juridical, Arbitral or Administrative Tribunals.
Reply:
Albania accepts that the section dealing with the appeals process should be move to the
Description of Judicial, Arbitr al or Administrative Tribunals.
IV. POLICIES AFFECTING TRADE IN GOODS
1. Import Regulation(c) Tariff quotas, tariff exemptions
Question 3.
The commitment in this section, which members ne ver sought, now reads as a version of the one in
the "Trading right" section. We think this is duplicative and unnecessary. Unless other delegations
can relate this commitment to the descriptive material in this section, we think that thecommitment paragraph should be eliminated.
Reply:
The commitment paragraph which is repetitive can be eliminated if there are no other objections.WT/ACC/ALB /39/Add.1
Page 4
(d) Other duties and charges, specifying any charges for services rendered
Question 4.We support inclusion of the statement on binding Article II:1(b) charges at "zero" and we would
like to note that we expect to see either "zero" or nothing in that column of the schedule when it is
circulated.
We can support the additional commitment, if other delegations agree.  We have no objection to its
removal, if another delegation so requests.
Reply:
Albania agrees to have either a "zero" or nothing in the column of the schedule relating to other
duties and charges.
Albania does not have a strong preference for whether paragraph 52 is kept or removed from the
draft report, and is willing to take the recommendations from the Working Party.
Question 5.
At the last Working Party meeting, members soug ht information from the Albanian delegation
concerning the nature of the servic es rendered for consular fees.  In particular, we asked that
Albania confirm that none of the consular fees li sted were required to engage in trade or charged
for the authentication of import or export do cuments necessary for the importation of goods into
Albania.
We remain concerned that these fees are actually  charges on importation, rather than fees for a
service actually necessary for trade, e.g., import processing, inspection, etc.
We need clarification in the report that none of the consular fees listed were for authentications or
certification required for the importation of goods into Albania.  If they are required for
importation, we will need to know why the service is required an further discussion of how traders
must submit their documents, the time limits  and penalties attached to these requirements.
At the last meeting, members also requested that  Albania state in the Working Party report that
the fees listed in the tables were the only charges for services rendered currently applied to
Albanian imports.
We remain interested in seeing this information in the draft Working Party report in this statement
directly after the table on consular fees.
We support the revised commitment paragraph provided for in this section.
Reply:
The representative of Albania confirms that none of the consular fees listed were for
authentications or certification required for the importation of goods into Albania.
Albania agrees that the confirmation should appear after the table on consular fees.
(e) Quantitative import restrictions, including prohibitions, quotas and licensing systemsWT/ACC/ALB/39/Add.1
Page 5
Question 6.
In the table listing import restrictions, appended to WT/ACC/SPEC/ALB/6/Rev.1, we do not
understand the reference to: "as well as to controlling the whole import process".
This is not a WTO justification.  For clarity we  would suggest that the references be limited to
specific justifications under WTO.
We also think that the information in the third column should have simplified and included in the
text of the Working Party report, but we do not insist on this change now.
In para 65, members of the Working Party asked whether "Albania had a similar registration and
licensing system in place for the sales of domestic production of similar articles".
This information is not provided for all the products  listed in the table in Appendix II. We seek a
statement to this effect in the descriptive text of this section.
Please clarify the reference  in the paragraph in this section of the Working Party report and the
"prohibition" table in ALB/35/Rev.1, to the "phase out period".
Reply:
Albania agrees that "as well as to controlling the whole import process" should be removed from
WT/ACC/SPEC/ALB/6/Rev.1 (page 104).  The paragraph in the table should be as follows:
To control the import of seeds and saplings 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.
Albania confirms that the same licensing and registration system applies to domestic production
of similar articles.  Albania asks the WTO Secretariat to add this information to the appropriate section.
Albania agrees that the heading of the third column of WT/ACC /ALB/35/Rev.1 is confusing.
The Albanian delegation proposes that the heading should be modified -- that instead of "phase-out
period" the heading should read as "additional clarif ication" (or wording to that effect).  No phase-out
periods for these items are foreseen.
(h) Customs valuation
Question 7.We can approve this section provisionally, pend ing review of Annex 6 which reportedly contains
the Interpretive Notes to the Agreement, and which Article 14 of the Agreement states are an
integral part of it.
Reply:
Albania re-sent a copy of Annex 6.  Albania wi ll wait for comments or suggestions by members.
(j) Pre-shipment inspectionWT/ACC/ALB /39/Add.1
Page 6
Question 8.
We support the commitment in para 77.
Reply:
No response required.
(k) Application of internal taxes on imports
Question 9.In para 57, Albania states that parliamentary approval of the new rates in the following table was
expected "at the end of June 1999".  Has the legi slation been enacted?  If so, when will the
implementation of the new rates take place?  In this regard, we would prefer that the rates in the
chart not be referred to as "proposed" in the table heading".
Even if the legislation has not been enacted, we need a date certain by which the new rates will be
applied.  Please provide.
Reply:
The draft legislation for excise taxes has been passed into law by parliament, "On Some Changes
on the Law on Excise Taxes", Number 8507, dated 7 July 1999.  It was enforced on 10 August 1999.
The Albanian delegation asks the WTO Secretariat to please take out the word "proposed" from
the table heading.
Question 10.
Please clarify in para 61 if the "value" of the import to which the VAT was applied was the
"transaction value" as stipulated for excise taxes in para 56.  If not, please specify the value basis
for the application of the VAT.
Reply:
Albania confirms that the value of the import to which the VAT was applied is the transaction
value as stipulated for excise taxes as discussed in paragraph 56 plus any other legally obliged values(e.g., insurance, transport, tariffs).  There are two methods by which the taxable base is determined.
(a) In the case of a good which is not subject to an excise tax, the taxable base for value-added
purposes is applied as follows:
{(V
t + Sh t + S) * % T D + ⏐TD ⏐} *  %VAT.
(b) In the case of a good which is subject to an excise tax, the taxable base with the value-added tax
is applied as follows:
{[(V t + Sh t + S) * % T D + ⏐TD ⏐ ] * % A +  ⏐A ⏐} *  % VAT.
The abbreviations are defined as:
Vt - value of transaction
Sht - transport expenses
S - insuranceWT/ACC/ALB/39/Add.1
Page 7
% T D - percentage of customs duty
⏐TD ⏐ - absolute value of the customs duty
%VAT - percentage of the value-added tax
% A - percentage of excise tax
⏐A ⏐ - absolute value of the excise tax.
(l) Rules of origin
Question 11.We support the commitment text in para 75, but we note that Albania does not currently have in
place the provisions in Article 2 and Annex II of the referred to in the commitment.
At the last Working Party, we sought inclusion in the Working Party report information on the
specific action being taken by Albania to implem ent this provision of the Agreement on Rules of
Origin, i.e. the law or regulation that will implem ent this provision and information on the issues it
will cover.
We would appreciate reference in para 74 to the specific legislation that is under consideration to
enact these provisions and a date when  the enactment will be accomplished.
Reply:
Albania commits to have all the necessary legislation and regulations by 1 January 2002.
(m) Anti-dumping regime
Question 12.
We support the commitment in para 79.
Reply:
No response required.
(o) Safeguard regime
Question 13.We support the commitment in para 77.
Reply:
No response required.WT/ACC/ALB /39/Add.1
Page 8
2. Export Regulation
(c) Quantitative export restrictions, including prohibitions, quotas and licensing systemsQuestion 14.
We thank Albania for the additional information and assurances in para 84.
We would like the commitment paragraph to be broken out, para 84bis, and edited slightly.
Reply:
Members stated that in the new shorter para 84 the Decision of the Council of Ministers be
referenced and the paragraph should read as follows:
The representative of Albania confirmed that at the time of accession any remaining export
control requirements in place would be fully consistent with WTO provisions, including those contained
in Articles XI, XVII, XX and XXI of the GATT 1994.  In this regard, Albania committed to lift the export
bans on items listed in the document WT/ACC/ALB/34/Rev.1 at the end of September 1999 as stated in
the Decision of the Council of Ministers.  The representative of Albania stated that from the date of
accession export restrictions would only be imposed in conformity with the WTO Agreement.  TheWorking Party took note of these commitments.
(f) Export financing, subsidy and promotion policies
Question 15.We support the commitment in para 86.
Reply:
No response required.
3. Internal Policies Affecting Foreign Trade in Goods
Question 16.Technical regulations and standards, including measures taken at the border with respect to
imports.
We thank Albania for the additional inform ation in WT/ACC/SPECC/ALB/6/Rev.1 concerning
implementation of the WTO TBT Agreement. We no te that ratification of the WTO Agreement will
establish the legal responsibility of Albania in th is regard, and the specific Governmental Decrees
described in para 92 and 93 will operationalize these provisions.
We seek updating in paras 92 and 93 of the names, decree and decision numbers, and dates of
implementation of the remaining legal instruments that will implement WTO TBT obligations in
Albanian law.
Paras 93 and 94 states that the establishment in  law for the transparency requirements under the
TBT Agreement would occur at the end of June.WT/ACC/ALB/39/Add.1
Page 9
Why isn't this requirement/practice followed for SP S requirements, i.e., Albania states in the next
section that there is no period of publication for prior comment for sanitary and phytosanitary
measures?
Reply:
Albania confirms that paragraph 92 can be reworded to reflect that the Code of Good Practices
has been adopted in Albania.  Paragraph 92 should read as follows:
The representative of Albania stated that the Code of Good Practice for Preparation, Adoption
and Application of Standards has been translated into Albanian and has been adopted through theDecision of the Council of Ministers, "For the A pproval of the Code of Good Practice for Adoption,
Approval and Application of Standards", Number  242, dated 28 May 1999.  The GDS has prepared the
Decrees of the Albanian Government to assure that all remaining activities will be in compliance with the
TBT Agreement.
The rest of the paragraph can remain as is.
The WT/ACC/ALB/32/Rev.1 has been revised.  The TBT requirements under the WTO have
been met with the passing of the "Law on Standardization", Number 8464, dated 11 March 1999 and the
Decisions of the Council of Ministers listed in WT/ACC/ALB/40.  ALB/40 has been updated.  The
remaining two decrees are expected to pass the Council of Ministers by the end of October.
(c) Sanitary and phytosanitary measures, including measures taken with respect to imports
Question 17.We appreciate the additional information provided by Albania on its implementation of the WTO
Agreement on SPS.  We believe, however, that the information provided in the chart in this section
is not up to date.  For example,
Section 3 of the chart reports that "there is nothing in the law at this time" dealing with the
transparency requirements of the WTO Agreement on  SPS, e.g., requiring prior publication of for
comment of measures at an early stage or notification of new measures.  Yet in para 94, Albania
states that the Decree on Exchange of Informat ion on Standards and Technical Information will
address such requirements for TBT.  Please indicate  if, as with the enquiry point, the transparency
and procedural requirements under SPS will be authoriz ed by this Decree.  If not, please provide
precise citation of the legal inst rument that will provide these requirements and the specific date by
which we can see full implementation.
Please list by number and name any relevant amendments to "The Law on State Sanitary
Inspectorate" or any additional laws should be sp ecifically cited, along with the reference to the
specific calendar date by which enactment can be expected.
We support the commitment in paragraph 99.
Reply:
There will be a Decision of the Council of Ministers drafted to provide for prior publication for
comments at an early stage and notification of new m easures for all existing laws related to SPS (i.e., Law
on State Sanitary Inspectorate, Law on Food, Law on Pesticides, etc.).  The Decision is expected to be
passed at the end of September.  The Decree on Exchange of Information on Standards and TechnicalWT/ACC/ALB /39/Add.1
Page 10
Information address such requirements for TBT.  There are specific laws which will deal with changes in
standards.
Document WT/ACC/ALB/31/Rev.1 has been modified to include a commitment for Albania's
inquiry point.
(e) State-trading practices
Question 18.Can Albania state, e.g., in para 103 of the draft Wo rking Party report, that none of its state-owned
enterprises, including firms labeled as "strateg ic enterprises", and no private firms have an
exclusive right of importation or exportation of any product?  If not, we believe that firms with
such special mandates should be noti fied as state-trading enterprises.
Para 103 states "78 per cent of exports were generated by privately-owned enterprises".  Para 4
states, however, "The private sector accounts for 56 per cent of exports and 82 per cent of
imports".  Please clarify.
Reply:
Albania confirms that none of its state-owned enterprises, including firms labeled "strategic
enterprises", and no private firms have an exclusive right of importation or exportation of nay product.
Albania confirms that 78 per cent of exports were generated by privately-owned enterprises.  The
Albanian delegation asks the WTO Secretariat to please make the correction in the draft report to avoidthis contradiction.
V. TRADE RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS
We have identified the following remaining issues  needing clarification and/or action to complete
our review :
2. Substantive standards of protection
(a) Copyright and related rightsQuestion 19.We understand that Albania has initiated the pr ocedures for the adhering of the Republic of
Albania in the Geneva Convent for the Prot ection of the Phonograms Producers against
Unauthorised Reproduction of their Phonograms " signed in Geneva on 29 November 1971, and will
submit a draft law to its Parliament for approval as soon as internal procedures have beencompleted.
We would appreciate Albania's statement to th at effect in the report, e.g. in para 117.
More Explicit Protection for Pre-existing  Works:
Albania has confirmed to us that while the 1992 Copyright Law does not explicitly state that works
that were in the public domain as of 1992 i.e., prior to passage of the copyright law , were at that
point retrospectively given copyright protection in Albanian Law , Albania's Constitution provides
that a ratified international agreement constitutes part of its internal juridical system, i.e., thatWT/ACC/ALB/39/Add.1
Page 11
Albania's adherence in 1993 to the Berne Convention  On the Protection of Fiction and Artistic
works implicitly created that protection in Albanian law.
We appreciate this confirmation, and we would like  to see it reflected in the Working Party report
text, perhaps in para 120.
We also seek a statement in the descriptive text of the Working Party report that Albania will
prepare an amendment to the Copy right Law that will provide a detailed description of the exercise
of this coverage in conformity with Article 18 of the Berne Convention.
Has this issue been explored in court since Albania's adherence to the Berne Convention ?
Provision of separate Civil/Criminal Remedies :In response to questions from members, Albania has st ated that at present, protection in Albania of
intellectual property rights under civil and criminal procedures are totally independent of eachother and based on separate legal acts. Civil court procedures are described in paras 128-131, i.e.,
the right holder may request that the court ord er the seizure of the infringing articles and a
reimbursement of the damage caused. Grave infringe ment of  intellectual property rights however,
is also covered by Articles 147, 148 and 149 of the Penal Code of the Republic of Albania. In such
events, the prosecutor's office initiates the penal procedures based on the denouncement filed by theright bearer. Penalties for such infringements, i. e., those that constitute penal contravention and
crime, are punished by penalties  up to three years imprisonment, a ccording to the level of danger to
the population and the infringement of the right.
We appreciate this confirmation, and we would like  to see it reflected in the Working Party report
text, perhaps after para 131.
Provision for ex parte search and other provisional relief under TRIPS Articles 44 and7or 50:In response to the question from this delegation, Albania has stated, concerning provisions for ex
parte search and other relief under TRIPS Articles 44 and/or 50, Article 11 of the law "Some
Changes and Supplements on the law No. 7819, dated 27.04.1994   for Industrial Property" No.8477, dated 22 April 1999, states that "The court may re-establish the situation that existed before
the infringement and to stop infringing actions, to proceed with an effective seizure of the goods
and, when necessary, the destroy illegally used mark s, tools that could be used to manufacture the
goods and goods themselves in absence of possib ility to remove any illegally mark from such
goods". Articles 19 of the Law also provides that "judicial authorities shall have the authority to
order prompt and effective provisional measures: to prevent the entry into channels of commerce
in their jurisdiction of goods, including import ed goods immediately after customs clearance; and
to preserve relevant evidence in regard to the alleged infringement".
Could Albania please confirm explicitly in the Working Party report text Article 11 of the Law
"Some Changes and Supplements on the law No. 7819, dated 27 April 1994   for Industrial
Property" No. 8477, dated 22 April 1999, and Article 19 of the Law provide for ex parte search and
other relief as required under TRIPS Articles 44 and/or 50?WT/ACC/ALB /39/Add.1
Page 12
Reply:
The following answers were provided to the Secretariat on 12 July 1999 and, slightly modified on
21 July 1999.  The first question from 9 July was:
Phonograms: Point of Attachment;
Question 20.Albania has an obligation to provide a point of attachment for the protection of phonograms
(provisions for which are included in the 1992 Copyright law). We recognize that Albanian's
copyright law provides explicit protection for sound recordings or phonograms, for a period of 50
years from the date of production.
We seek Albanian's specific agreement to join Geneva Phonograms, which will provide an
appropriate point of attachment for both its bilateral and multilateral obligations in this area.
Reply:
"The Albanian Government has initiated the procedures for the adhering of the Republic of
Albania to the Convention for the Protection of Producers of Phonograms Against UnauthorizedDuplication of Their Phonograms", signed in Geneva on 29 October 1971.
The respective documentation has already been prepared and is sent to interested line ministries
and institutions for its approval in principle.
Upon completion of this phase, the draft law for the adherence of the Republic of Albania to this
Convention will be prepared."
The Albanian side requests that the WTO Secretariat include this answer in para 117.
More Explicit Protection for Pre - Existing Works:
Question 21
Clarification is needed from Albania on the status  of pre - existing foreign works at the time its
1992 Copyright law came into effect i.e., whether works that were in the public domain as of 1992
prior to passage of the copyright law were th en retrospectively given copyright protection.
We appreciate Albanian's recognition of the need to provide protection for pre-existing sound
recordings under TRIPS Article 14.6/ Berne Article 18, the more general obligation to provide
protection for all pre -existing works prior to Albania's accession to Berne in 1994, and dating back
a full 50 years.
Albania's general statements in this regard have been  helpful, but what is now needed is an explicit
and detailed explanation of how Albania's IPR legal structure provides this protection under the
1992 Copyright law or any relevant amendments.  Examples of successful civil or criminal legal
challenges, regulations, or other information would be successful civil or criminal legal challenges,
regulations, or other information would be appreciated. Note: We recognize that Albania provides
terms of protection for phonograms and other copyrighted works that appear to be in conformance
with TRIPS, but question whether the provisions in the 1992 Copyright Law can be interpreted so
as to take effect retrospectively, i.e. before the e ffective date of the copyright legislation, or whetherWT/ACC/ALB/39/Add.1
Page 13
specific provisions to that effect are still needed . Reference to specific legislative provisions would
be appreciated.
Reply:
The Albanian delegation suggests a modification of what is stated in para 120 regarding
retroactivity and the inclusion of the following statement instead:
The Albanian law "On Copyright" provides for term s of protection of different works, but in this
law there is no specific provision which expresses explicitly the retroactive effect.  In the Constitution of
the Republic of Albania, Article 122/1, it is set forth that any international agreement, that has beenratified, 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 framewor k, 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 issuperior to the Albanian Law on Copyright.
Nevertheless, Albania shall soon prepare an amendment to the Law on Copyright to offer a
detailed description on the exercising of the provisi ons on the pre-existing works dating prior to the date
this law came into force, in conformity with article 18 of the Berne Convention.
The rest of the paragraph can remain intact.Sections 13 and 14 of the law.
With regard to whether the issue had been explored in court since Albania's adherence to the
Berne Convention, the Albanian representative answered no.
Provision of separate Civil/Criminal Remedies:
Question 22
We have in the past asked for clarification of whether Albania provides separate criminal remedies
for copyright and trademark infringement that is wilful or on a commercial scale, as required by
TRIPS Article 61. In the case of copyright, Albania has responded that Article 50 provides for
initiation of a penal case upon request of a right holder, after a civil case is first initiated.
This does not conform with the obligations in TRIPS Articles 42 - 49 and Article 61. In our view,
the Civil and Criminal remedies should be independent. Again, then, we ask whether Albania will
have in place at the time of accession the requi red criminal provisions for wilful and commercial
scale piracy of copyrighted works and trademarks goods.
Reply:
"As a follow up to the explanations given in TRIPS memorandum dated April 1999 on the
compliance of the Albanian legislation with Article 61 of the TRIPS Agreement, we clarify that there has
been a technical misunderstanding in the translation of the Article 50 of the Law "On Copyright"concerning the relation between the penal judgement and the civil one : In Albania, the protection
according to the civil procedures and the protection ac cording to the penal procedures of the Intellectual
Property rights are totally independent from each other and are based on separate legal acts.WT/ACC/ALB /39/Add.1
Page 14
Civil courts initiate procedures to protect intellectual property rights  after a request has been filed
by the right holder against the unlawful user of his work. Seeing that the latter has infringed his moral and
economic rights, the right holder requests from the court a reimbursement of the damage caused. This is
the procedure from the civil point of view.
In the events when the infringement of the intellect ual property rights is grave, it constitutes the
elements of penal acts of crimes and penal contravention set forth in articles 147,148 and 149 of the Penal
Code of the Republic of Albania. In such events, the prosecutor's office initiates the penal procedures
based on the complaint lodged by the right holder.
Such infringements which constitute penal contravention and crime are punished by penalties up
to three years imprisonment, according to the level of danger to the population and the infringement of the
right".
Albania suggests that this answer be included at the end of para 131.
Provision for ex parte search and other provisional relief under TRIPS Articles 44 and/or 50:
Question 23.Taking into account Albanian's previous statements that the general civil juridical system in
Albania applies to IPR cases and that provision al remedies, are available, can 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 injunctive or provisional relief?
The commitment paragraph in this section reflects U.S. comments. We reserve pending response on
the foregoing points.
Reply:
In Article 11 of the Law "Some changes and supplements on the Law No. 7819, dated
27 April 1994, for Industrial Property" No. 8477, dated 22 April 1999, it is said:
"In addition to the members specified in paragraph 2(a) of article 89 of the "Law on Industrial
Property", the court may reestablish 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 used 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."
Article 19 of the cited Law above provides:"The judicial authorities shall have the authority to order prompt and effective provisional
measures:  to prevent an infringement of any industria l property rights from occurring, and in particular to
prevent the entry into the channels of commerce in  their jurisdiction of goods, including imported goods
immediately after customs clearance; and to preserve relevant evidence in regard to the alleged
infringement."
Albania confirms that articles 42, 70 and 89 of the Law on Industrial Property authorize the court
to enjoin patent, trademark or industrial design infringements.
In the Implementation Provisions on Customs Code, approved by the Council of Ministers on 13
April 1999, it is mentioned that the holder of the righ t may lodge an application in writing at the GeneralWT/ACC/ALB/39/Add.1
Page 15
Directorate of Customs for action after presenting proof that there are counterfeited or pirated goods.
When the General Directorate of Customs is convinced, it may suspend the release of the goods or seize
the goods, depending on the situation.
Albania suggests that these answers be reflected in the Working Party draft report.
Trade Agreements
Question 24.
We do not agree that the tables provided by Albania in WT/ACC/SPEC/ALB/6/rev.1 adequately
portray the MFN market access implication of its trade agreements.
As we requested at the last two working party sessio ns, in this section Albania needs to state clearly
whether it has preferential agreements of any kind in place and what kind it is contemplating.Reference to the agreements in the tables wi thout characterizing whether they are MFN,
preferential, FTA, etc. is not useful.
In ALB/39, Albania has already confirmed that there are no cases where Albania's trade
agreements give its partners preferential treatment in goods and states that Albania does notcontemplate concluding any such agreements.  Albania also indicates that in its updated schedule
on services, information is provided that it has bilateral agreements related to air transport services
which are MFN exemptions and that the list of countries is provided in the schedule.
We seek incorporation of this information in the Working Party report.We seek information on the nature of the agreeme nts listed in the tables, i.e., do any of them
provide for preferential treatment of any kind to the imports or exports of goods and services from
or to these countries.
The commitment paragraph in this section reflects members comments, but we insist that useful
information on Albania's trade relations with other countries be included in this section.
Reply:
Paragraph 138 needs to be deleted.  Albania does not have a bilateral trade agreement with
Canada.WT/ACC/ALB/39/Add.1
Page 16
Albania's Bilateral Agreements for Promotion and Protection of Investments
Agreement by Country Date of Implementation Type of Agreement Description on how the agreement
affects investmentGoods According to Harmonized System
Belgium-Luxemburg Feb 1999 Framework Agreement This agreement intended to create This is not a preferential agreement in
Portugal Sep 1998 with all mentioned legal basis to promote mutual this field and the cooperation will be
Former Yugoslav
Republic of MacedoniaFeb 1998 countries cooperation on the field of
investments.established in the basis of the contractual
relations between natural or judicial
Slovenia Oct 1997 According to this agreement each persons of each Party.
Finland Jun 1997 Party will encourage and create
Israel Jan 1996 favorable conditions for investors
Hungary Jan 1996 of other Party in its territory and
Denmark Sep 1995 will accord investments and
France Jun 1995 investors of the other party most
Netherlands Mar 1994 – Mar 1995 favorable nation treatment and
Egypt Dec 1994 national treatment which accords to
Russian Federation Dec 1994 its own investors and investments.
Czech Republic Jun 1994
Romania May 1994
Bulgaria Apr 1994
United Kingdom Mar 1994
Malaysia Jan 1994
Tunisia Oct 1993
Croatia May 1993
Poland Mar 1993
Austria Mar 1993
China Feb 1993
Switzerland Sep 1992
Turkey Jun 1992
United States Nov 1991
Germany Oct 1991
Italy Sept 1991
Greece Mar 1991WT/ACC/ALB /39/Add.1
Page 17Albania's Bilateral Agreements on Economic Cooperation and Trade
Agreement by Country Date of Implementation Type of Agreement Description on how the agreement
affects tradeGoods According to Harmonized System
Former Yugoslav
Republic of MacedoniaFeb 1998 Framework Agreement This agreement intended to create None.
Slovenia Oct 1997 with all mentioned legal basis to promote mutual This is not a preferential agreement, nor a
France Jun 1995 countries cooperation on the field of trade in
goods and services, as well, in allfree trade agreement.  The provisions of
this agreement shall not apply to
Netherlands Mar 1994 – Mar 1995 fields of economy. advantages and privileges granted by
Egypt Dec 1994 According to this agreement each eith er Party to neighbour countries to
Russian Federation Dec 1994 party will encourage and create facilitate the development of the border
Czech Republic Jun 1994 favorable conditions concerning trade or to countries with which Parties
Romania May 1994 export or imports of goods has concluded or will conclude in the
Bulgaria Apr 1994 originating from the other Party in future an agreement on the customs union
Malaysia Jan 1994 its territory and will accord to the or on a free trade zone.  Exports and
Croatia May 1993 goods originating from the other imports of goods and services as well as
Poland Mar 1993 Party most favorable nation the economic cooperation between
Austria Mar 1993 treatment and national treatment Parties shall be affected on the basis of
China Feb 1993 which accords to its own goods  or the contracts concluded in accordance
Switzerland Sep 1992 its own traders with the laws and regulations in force of
Turkey Jun 1992 the countries of the Parties, between legal
United States Nov 1991 and natural persons of each Party.
Germany Oct 1991
Italy Sept 1991
Greece Mar 1991WT/ACC/ALB/39/Add.1
Page 18
Protocol text
Question 25.Paragraph 7 of the Protocol of Accession states:This Protocol shall be open for acceptance, by  signature or otherwis e, by Albania until.......
We would like to know what date Albania intends to insert in this paragraph.
Reply:
Albania requests that its parliament have until the end of September/October to accept the
Protocol of Accession.
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