WT/TPR/M/337/A dd.1 
 
14 October 2016 
(16-5609) Page: 1/44 
Trade Policy Review Body  
11 and 13 May 2016  Original: English/anglais/inglés  
 
  TRADE POLICY REVIEW  
ALBANIA  
MINUTES OF THE MEETI NG 
Addendum  
Chairperson: Ms Irene Young (Hong Kong, China ) 
This document contains the advance written questions and additional questions by WTO 
Members, and replies provided by  Albania .1 
 
 
Organe d 'examen des  politiques commerciales  
11 et 13 mai  2016 
EXAMEN DES POLITIQUE S COMMERCIALES  
ALBANIE  
COMPTE RENDU DE LA R ÉUNION  
Addendum  
Président : Mme Irene Young (Hong Kong, Chine ) 
Le présent document contient les questions écrites communiquées à l 'avance par les 
Membr es de l 'OMC, leurs questions additionnelles, et les réponses fournies par  Albanie .1 
 
 
Órgano de Examen de las Políticas Comerciales  
11 y 13 de mayo de 2016 
EXAMEN DE LAS POLÍTI CAS COMERCIALES  
ALBANIA  
ACTA DE LA REUNIÓN  
Addendum  
Presidente:.  Sra. Irene Youn g (Hong Kong, China ) 
En el presente documento figuran las preguntas presentadas anticipadamente por escrito y 
las preguntas adicionales de los Miembros de la OMC, así como las respuestas facilitadas por  
Albania .1 
                                                
1 In English only/En anglais seulement/En inglés solamente.  WT/TPR/M/337/Add.1  
 
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  CONTENTS  
 
EUROPEAN UNION  ................................ ................................ ................................ ...........  3 
UNITED STATES  ................................ ................................ ................................ .............  16 
BRAZIL  ................................ ................................ ................................ ...........................  23 
CANADA  ................................ ................................ ................................ .........................  25 
ARGENTINA  ................................ ................................ ................................ ....................  27 
TURKEY  ................................ ................................ ................................ ..........................  30 
CHINA  ................................ ................................ ................................ ............................  37 
THAILAND  ................................ ................................ ................................ ......................  42 
 
 WT/TPR/M/337/Add.1  
 
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  EUROPEAN UNION  
Questions on the Secretariat Report – WT/TPR/337  
 
Paragraph 3.119 page 61  reports that "Between 2010 and 2015, the Administrative Appeal 
Court has adopted  nine final judgments in the competition field ". 
  
Question 1:  
 
Could Albania report on the time that the examination of the cases took? Could Albania report on 
the number of cases when the ACA decisions were upheld or overturned? In the case that certain 
ACA decisions were overturned could Albania indicate if any of them were overturned on 
procedural grounds only?  
 
Answer : 
 
Duration of reviewing the decisions of the Competition Authority by the Court of First Instance and 
the Court of Appeal is approximate ly two years. The Court of Appeals decision is final. From 2010 
till beginning of 2014, the cases are judged at the first instance court of Tirana and Appeal Court 
of Tirana, With the creation and functioning of the Administrative Court, all the competitio n cases 
are transferred at the Administrative Court of Tirana and then at the Administrative Court of 
Appeal in Tirana. Parties may exercise recourse to the Supreme Court regarding the application of 
law and procedure followed during the trial in lower rat es of judiciary.  
I. Cases where decision of CA was upheld from 2010 -2015 : 
A. The Competition Commission by Decision No. 59 dated 7 November 2007, noticed that 
undertakings "Albanian Mobile Communication " SHA (AMC) and "Vodafone Albania " SHA, 
have abused their do minant position, setting unfair prices in the mobile phone market 
during the p eriod under investigation (2004 -2005).  
A.1. Vodafone Albania SHA vs Competition Authority , with the subject: Invalidity Decision 
No. 59, dated 9 November 2008. District Court of Tirana in connection with this issue has decided 
to reject the lawsuit. The Court of Appeal decided to uphold the decision of the District Court of 
Tirana. The Supreme Court decided to reject the recourse.  
A.2. AMC SHA vs the Competition Authority , with th e subject: Invalidity of Decision N o. 59, 
dated 9 November 2008 of the Competition Commission. The District Court of Tirana in connection 
with this issue has decided to reject the lawsuit. The Court of Appeal decided to uphold the 
decision of the District Court of Tirana.  
B. The Competition Commission by Decision No. 140, dated 10  March 2010, after reviewing the 
report of the Working Group and listening to undertaking "PIA" SHA, based on Law 9121, 
dated 28  July 2003 "On Protection of Competition ", imposed inte rim measures in the service 
market of unloading and storage of liquefied gas . 
B.1. Undertaking "La Petrolifera Italo Albanese " vs. CA ; Cea sed as a civil case. (Decision 
No. 370 dated 27  January 2011). Upholds automatically decision N o. 140 dated 10  March 2010 of 
the Commission for opening depth investigation to Petrolifera Italo -Albanese " 
C. The Competition Commission, by Decision No.154, dated 1 October 2010, has noticed that 
the undertakings "Hyundai " sh.p.k, "Ultra Motors " sh.p.k, "Classic " sh.p.k, and "Noti" sh.p.k; 
have applied schemes certified on the findings, according to the OECD methodology used in 
violation of the Competition Law. The analysis of behavior of these undertakings, proved the 
existence of an agreement between their offerings, which in te rms of the Law No. 9121 
dated 28  July 2003 "On Protection of Competition ", is considered a prohibited agreement as 
it has the objective and as a result significantly restricting competition in the pr ocurement of 
new vehicles market.  
C.1. "Classic " and "Noti" Sh.p.k vs the Competition Authority , with the subject: "The repeal 
of the administrative act, Decision No. 154 01.10.2010 of the Competition Authority Commission. WT/TPR/M/337/Add.1  
 
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  The Court of Appeal, by Decision No. 2096 dated 10  December 2012 decided: "Amending Decisi on 
No. 3171 dated 3 April 2012 of the Tirana Judicial District Court, dismissal of the lawsuit filed by 
"Noti and CLASSIC " Sh.p.k. With this decision the Court of Appeal, conclusively confirmed the 
legality of the Decision No. 154 dated 1 October 2010 of t he Competition Commission.  
C.2. "Hyundai " Sh.p.k vs the Competition Authority , with the subject: "The repeal of the 
administrative act, Decision No. 154 dated 1 October 2010 of the Competition Authority 
Commission. The District Court of Tirana has suspende d the judgment on this issue. The party has 
filed against this decision at the Court of Appeal. The Court of Appeal, after reviewing the case 
decided to uphold the decision of the Judicial District Court of Tirana.  
C.3. "Ultra -Motors " Sh.p.k vs. Competitio n Authority,  with the subject: Repeal of Decision of 
Ministers Council No. 154 dated 1 October 2010. The Court of First Instance by Decision No. 1776 
dated 9 March 2011 decided to dismiss the civil case. Termination of this civil case automatically 
upheld the Decision of Ministers Council No. 154 dated 1 October 2010 for the part that belongs to 
the "Ultra Motors " Sh.p.k.  
D. The Competition Commission by Decision No. 197, dated 29  July 2011, pursuant to Law 
9121, dated 28  July 2003 "On Protection of Competitio n", decided to impose interim 
measures against undertaking "Romano Port " SHA for restoring competition in the service 
market of loading and unloading and storage of liquefied gas to the port "Porto Roma No." 
D.1. "Romano Port ", Sh.a vs the Competition Autho rity, the Third Person "Mare Oil " Sh.a, 
with the subject: Repeal of an administrative act "Decision of the Competition Authority Tirana No. 
197, dated 29  July 2011. " On Imposing Interim Measures. "District Court of Tirana, ruled: " the 
termination of civil court trial. "This decision was not appealed by " Romano Port "Sh.a, and 
consequently that decision has become final.  
E. The Competition Commission by Decision No. 221, dated 11  April 2012, noticed that the 
undertaking "Romano Port " SHA held the dominant marke t position of loading and unloading 
of LPG by sea, during the period under investigation. The operator repeatedly refused to 
implement the process of unloading of LPG operators that have invested in storage capacity 
in their possession illegally posing and  therefore irrational. This relates to the refusal of 
direct economic interests of the operator in the downstream markets on the deposit and 
wholesale of LPG, bringing the restriction of competition in these markets. This behaviour  of 
the company "Romano P ort" SHA is abusive in the sense of the Law "On Protection of 
Competition ." 
E.1. "Trading Company " Romano Port "JSC vs the Competition Authority , with the subject: 
Cancellation Decision N o. 221 dated 11  April 2012 of the Competition Commission. District Co urt 
of Tirana, ruled: " The termination of civil court trial ". Administrative Court of Appeal decided to 
uphold the decision of the District Court of Tirana.  
F. The Competition Commission by Decision No. 216, dated 1 March 2012, decided to issue a 
minor fine t o the under taking "INTERSIG SHA, based on Law N o. 9121 dated 28  July 2003, 
"On Protection of Competition ", as this enterprise prevented the inspection of competition  
inspectors.  
F.1. "INTERSIG -VIENNA INSURANCE GROUP " Sh.a vs the Competition Commission  with 
the subject: repeal, annulment of the decision No. 216 dated 1 March 2012 of the Competition 
Commission. District Court of Tirana, Decision No. 11473 dated 23  November 2012 decided the 
"dismiss the lawsuit ". The Court of Appeal decided to uphold the decis ion of the District Court of 
Tirana.  
G. The Competition Commission by Decision No. 290, dated 23  July 2013, imposed penalties on 
undertakings 'Ferlut "SHA," Tirana Lines "shpk, " Alba Trans "shpk, " Tirana Urban Trans "SHA 
and "Park Urban Passenger Transport " shpk, for restriction of competition in the trad ing of 
general monthly ticket (pass ) and student ticket in the transportation road service of urban 
passenger in Tirana ". Based on the Law No. 9121, dated 28  July 2003 "On Protection of 
Competition " Competitio n Commission decided to fine the undertakings participating in a 
prohibited agreement . WT/TPR/M/337/Add.1  
 
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  G.1. "Tirana Lines " vs. Competition Authority , with the subject: Subjection of Decision 
No. 290, dated 23 July 2013 Competition Commission. The Administrative Court of F irst Instance 
in Tirana decided to reject the plaintiff 's lawsuits, and upheld the decision of the CA.  
G.2. Undertaking "Tirana Urban Trans " vs. Competition Authority , with the subject: 
Subjection of Decision No. 290, dated 23 July 2013 Competition Commiss ion. Administrative Court 
of First Instance in Tirana decided to reject the lawsuit the undertaking, leaving in force the 
decision of the CA.  
H. The Competition Commission by Decision No. 303, dated 16  January 2014 has concluded 
that the company "Vodafone " SHA, during the period under investigation held a dominant 
position in the mobile phone market, but has not abused its dominant position during the 
period under investigation. For this reason, the Competition Authority decided to close the 
in-depth investiga tion procedure in the mobile phone market sale on the company 
"Vodafone " SHA and give some recommendations to the Authority of Elect ronic and Postal 
Communications.  
H.1. Company "PLUS COMMUNICATION " SHA vs the Competition Authority ; Third Person: 
Company "Vodafone Albania " Sha and AKEP, Subject: Partial Amendment of the administrative 
act, the Competition Commission Decision No. 303, dated 16  January 2014. "For Closure of in -
depth investigation against Vodafone Albania " SHA and recommendations for AKEP ". 
Administrative Court of First Instance of Tirana decided to reject the lawsuit of the undertaking, 
leaving in force the decision of the CA.  
I. The Competition Commission by Decision No. 341, dated 27  November 2014, decided to 
impose a small fine towards underta king "Pelican " SHPK regarding the late notification of the 
concentration realized by CMA CGMA Agencies Worldwide to create an independent 
undertaking CMA CGMA Albania Sh.p.k.  
I.1. Company "Pelican " SH.p.k vs. Competition Authority , with the subject: The re peal of 
Decision No. 341, dated 27  November 2014 of the Competition Commission. Administrative Court 
of First Instance in Tirana decided: To reject the lawsuit, leaving in force the decision of the CA. 
Against this decision the plaintiff has not performed appealed in the Administrative Court of 
Appeal.  
J. The Competition Commission by Decision No. 356, dated 31  March 2015 decided to impose 
interim measures against Vodafone Albania SHA in the mobile phone market, which should 
be implemented within a period of 3 0 days from the notification of the decision, as the 
market was in terms of a dominant position of Vodafone and there was a risk of causing 
serious harm and irreparable on Competition in the market .   
J.1. Company "Vodafone Albania " SHA vs the Competition Authority , with the subject: 
Annulment of Decision No. 356, dated 31  March 2015 "On temporary measures to Vodafone 
Albania SHA in the mobile phone market retail. " Regarding this issue, before the Administrative 
Court of First Instance in Tirana, the plaint iff requested dismissal of the case, which was accepted 
by the Court.  
K. The Competition Commission by Decision No. 366, da ted 6 April 2015, after assessing the 
behaviour  of Vodafone Albania SHA regarding Decision No. 356 dated 31  March 2015 and 
"Preliminary Investigation Report into the mobile phone market Retail ", and after reviewing 
the memos of the company Vodafone No. 219 Prot., Dated 24 April 2015 and No. 255, dated 
26 May 2015 "On the Vodafone proactive stance to address the concerns of the Competition 
Authority, in the mobile phone market that intermediate mass removal and closure of the 
investigation ", ruled: "The obligation of the company Vodafone Albania to implement the 
decision 356 Competition Commission dated 31  March 2015 for binding measures to stop 
applying retail rates that have a discriminatory effect on the networks of other national 
mobile, for all offerings on the market for the period from the annou ncement of this decision 
up to 1 July 2015". 
K.1. Company "Vodafone Albania " SHA vs Competit ion Authority , with the subject: Repeal 
Point "I" of Decision No. 366, dated 4 July 2015 "On the obligation of the company Vodafone WT/TPR/M/337/Add.1  
 
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  Albania to implement measures for the equalization of tariff binding and external network within 
minutes. " Regarding this is sue, before the Administrative Court of First Instance in Tirana, the 
plaintiff requested dismissal of the case, which was accepted by the Court.  
II. Cases where the decision of Ca was rejected form 2010 -2015  
A. The Competition Commission with decision No. 125, d ate 8 October 2009 concluded that the 
undertakings "Atlas" Sh.a and "Bloja" Sh.a have not competed in the market of wheat and 
production of flower, because from the assessment of evidences and the behaviour  in the 
relevant markets, it results that these un dertakings coordinate their behaviour  in the market 
regarding setting of trading prices for the relevant products, and share their import sources 
(wheat import). This coordinated practice in appliance of the Law No. 9121, date 28  March 
2003 "On competition  protection " is a prohibited agreement because it restrains and limits 
competition in the relevant market.  
A.1. "Atlas " SHA, vs the Competition Authority . With the subject: Repeal of administrative 
act, decision No. 125, dated 8 October 2009 of the Competi tion Authority. The Court of Appeals 
ruled: "uphold the Decision No. 359 dated 27  January 2011 of the Judicial District Court of Tirana. 
The District Court of Tirana, Decision No. 359 dated 27  January 2011 had decided to accept the 
lawsuit to invalidate th e decision No. 125 dated 8 October 2009 of the Competition Commission 
only to the extent that the terms "Atlas" SHA. 
A.2. "Bloja " SHA, vs the Competition Authority , with the subject: Repeal of administrative 
act, decision No. 125, dated 8 October 2009 of t he Competition Authority. The Court of Appeal, by 
Decision No. 1709 d ated 28 June 2012 decided: to uphold the Decision No. 3198 dated 19  April 
2010 of the District Court of Tirana. District Court of Tirana, Decision No. 3198 dated 19  April 2010  
had decided  to accept the lawsuit, and repealing Decision No. 125 dated 8 October 2009 of the 
Competition Commission for its portion "Bloja" SHA. 
B. The Competition Commission with Decision No. 150, dated 20  July 2010, pursuant to the 
Law No. 9121, dated 28  July 2003 "On Protection of Competition ", concluded that the 
company "ARMO " SHA, during the period under investigation, by applying different prices 
and terms of trade for the same trading activities with the parties, put the undertakings into 
a competitive disadvanta ge in terms of the undertakings operating in the wholesale market 
of D2 diesel fuel product. The company "ARMO " SHA has abused its dominant position for 
the period 1 January 2009 -22 August 2009, product market D2 diesel fuel, placing unequal 
trading condit ions to different undertakin gs for the same trading actions.  
B.1. "ARMO " SHA vs the Competition Authority . with the subject: Repeal of decision. No. 150, 
dated 20 July 2010 Competition Authority. District Court of Tirana decided: Accepting the lawsuit 
and repealing Decision No. 150 dated 20  July 2 010 of the Competition Commission. The Court of 
Appeal decided: "to uphold the decision of the District Court of Tirana ". 
C. The Competition Commission by Decision No. 246 dated 9 October 2012, concluded that 
companie s under investigation ( "Sigal UNIQA Group Austria " SHA, "Sigma Vienna Insurance 
Group " SHA, "ATLANTIC " SHA, "INTERSIG -VIENNA INSURANCE GROUP " SHA, 
"INTERALBANIAN " SHA, "ALBSIG " SHA, "INSIG " SHA and "EUROSIG " SHA), that operate in 
the market of interior MTP L, starting from 1 February 2012 until 8 February 2012, have 
increased simultaneously and fixed premium insurance for all product classes of internal 
MTPL except INSIG SHA enterprise for class B1 / 1. This behaviour  constitutes a concerted 
practice, which based on the Law "On Protection of Competition " is considered a prohibited 
agreement, and in sense of Law is considered a serious violation of competition.  
C.1. Insurance undertakings vs the Competition Authority,  with the subject: Repeal of the 
administra tive decision of the Competition Authority No. 246 dated 9 October 2012. In connection 
with this issue the District Court of Tirana decided to reject the lawsuit of undertakings, and 
upheld the decision of the CA. The Court of Appeal decided to change the decision of the Tirana 
Judicial District Court, admitting the claim.  
D. The Competition Commission by Decision No. 240 dated 26  July 2012, found that there was 
an agreement between enterprises "Eurogjici Security ", "Toni Sec urity" Security Eurogjici 1 WT/TPR/M/337/Add.1  
 
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  ","Nazeri - 2000", and "Dea Security ", in the market of offering private security service in a 
public procurement procedure. This agreement in terms of the Law No. 9121 dated 28  July 
2003 "On Protection of Competition ", is considered as prohibited agreement has t he object 
and as a result significantly restriction of competition in procurement market for safeguard 
and physical security . 
D.1. "Eurogjici Security " Sh.p.k, "Eurogjici, Security 1 " Sh.p.k, "Toni Security " Sh.p.k; vs 
the Competition Authority ; with the s ubject: Repeal of Decision No. 240 dated 26  July 2012 of 
the Competition Commission. In connection with these matters District Court of Tirana accepted 
the lawsuit. The Court of Appeal in connection with this subject matter declared incompetence 
pursuant t o Law No. 49/2012 dated 3 May 2012 and passed for review Administrative Court of 
Appeal, which has not yet tackled this issue.  
D.2. "Nazeri " SHRSF & "DEA" SHRSF vs Competition Authority , with the subject: Repeal of 
Decision No. 240, dated 26.07.2012, the C ompetition Commission. In this issue the Judicial 
District Court of Tirana accepted the lawsuit. Administrative Court of Appeal decided to uphold the 
decision of the District Court of Tirana.  
E. The Competition Commission by Decision No. 290, dated 23.07.2013 , imposed penalties on 
companies ' Ferlut "SHA," Tirana Lines "SHPK, " Alba Trans "SHPK, " Tirana Urban Trans "SHA 
and" Park Urban Passenger Transport "SHPK, for restriction of competition in the market of 
trading the general tickets monthly (pass) and studen t tickets on the transportation of road 
service of urban passenger in Tirana ", based on the Law No. 9121, dated 28  July 2003 "On 
Protection of Competition ", decided to impose fine on the undertakings participating in a 
prohibited agreement.  
E.1. "Alba Tra ns" SHPK vs the Competition Authority , with the subject: Su bjection of 
Decision 290, dated  23 July 2013 Competition Commission. The District Court of Tirana decided to 
accept the claim of the undertaking. The Administrative Court of Appeal decided to uphol d the 
decision of the District Court of Tirana.  
E.2. "Ferlut " vs. Competition Authority , with the subject: Subjection of Decision No. 290, 
dated 23  July 2013 of the Competition Commission. The Administrative Court of First Instance in 
Tirana decided to acc ept the claim of the enterprise. The Administrative Court of Appeal decided to 
uphold the decision of the Administrative Court of First Instance of Tirana.  
There are no cases where the court has overturned on procedural grounds, but only for substantial 
grounds.  
In addition, details on  Administrative Appeal Court decisions are attached in the annex 1 . 
Question 2:  
Could Albania also provide statistics regarding the number of instances when the Albanian 
Competition Authority (ACA) has actually intervened in t he market and taken final decisions in 
particular regarding:  
 
a. cartels (how many cases regarding detection, regarding penalisation) as the paragraph 
3.118 refers to prohibited agreements but does not refer specifically to cartels?  
 
b. abuse of dominant positio n (how many cases where an entity has been convicted to abuse 
dominant position after investigation and what was the outcome as the paragraph 3.118 
refers to investigations but not to final decisions)?  
 
c. Merger control (In how many instances has the ACA pro hibited a proposed merger or 
authorised it subject to commitments)?  
 
Answer : 
Since 2010, the Albanian Competition Authority has initiated investigations, in different sectors of 
the economy as e.g.: the mobile phone market; market unloading and storage of gas in coastal WT/TPR/M/337/Add.1  
 
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  route; internet market, the market for import and wholesale of basic food products, sugar, rice 
and vegetable oil; prepaid cards market in fixed telephony service procurement market of private 
security, the production, import and wholesale t rade sunflower oil; passenger transport in Tirana; 
import, production and wholesale of bulk cement; import and wholesale trade of tobacco 
packaged; public procurement market of private security;  loading and unloading at sea liquefied 
gas; telecommunication s; the banking sector, the electricity sector etc. From 2010 -2015 all the 
concentration procedures that has been assessed from the Competition authority, has been 
approved by the Competition Commission and there is no decision on prohibition of a proposed 
merger.  
From 2010 till the end of 2015, the CAA has taken 260 decisions in total. In more details, please 
find as below:  
 13 (thirteen) decisions are on abuse of dominant position;  
 20 (twenty) decisions are on prohibited agreements;  
 57 (fifty -seven) decisio ns are on the control of concentrations and authorization of a merger 
control;  
 4 (four) decisions are on exemptions from prohibited agreement;  
 26 (twenty -six) decisions are on approval of secondary legislation in competition field;  
 31 (thirty one) decision s are on recommendations on public institutions and on assessments 
of legal acts and other public institutions and regulatory bodies;  
 14 (fourteen) decisions are on imposing fines on undertakings;  
 2 (two) decisions are on interim measures to undertaking;  
 3 (there) decisions are on conditions and obligations;  
 15 (fifteen) decisions are on procedures on competition issues;  
 104 (hundred four) are decisions on procedures and their decisions.  
 
Para 3166 page 72. Intellectual property right. Copyright (B3)  
 
Accor ding to the Report there are four collective management organizations operating in Albania. 
These are the Agency of Collective Management of Copyright in the field of music and its 
mechanical registrations, the Agency of Collective Management of Copyright for the protection of 
directors and screen -writers of Albanian cinematography and audio -visual  works, the Agency of 
Collective Management of Copyright for the protection of performers and executers and the 
Agency of Collective Management of Copyright for p honogram producers ' rights. This means that 
there is no collective management organization in Albania managing the rights of the authors of 
literary works and works of arts (paintings, sculptures and fine arts in general). Since resale rights 
and the equit able remuneration for private copying fall under mandatory collective right 
management under Albanian law, there should be collective management organizations managing 
these royalties too. The EU would like to know more about the collective right managemen t system 
to understand how these rights are managed in Albania.  
  
Question 3:  
 
Could Albania provide more information on the provisions in the new Albanian copyright law just 
adopted for the transposition of Directive 2014/26/EU on collective management of  copyright and 
related rights? Could Albania specify in the reply which agencies are now in charge of the 
management of the resale rights and the private copying levies?  
  
Answer : 
The Directive 2014/EU was transposed in the draft law for the foremost point s including parts of 
articles of this directive such as transparency, payments to right holders, alternative dispute 
resolution procedures etc. In global, it was adopted comprising the same spirit that the European 
Parliament and the Council of the Europea n Union have adopted in this directive.  
The private copying levies is not applicable under the new Copyright law in Albania because it 
statues that, it can be made a copy of a work if if it has done no more than one copy in the form of 
photocopy or by any similar device by the use of technical photographic or any other means that 
has similar effects, and any other means for private use and another personal use , as long as the 
copy is not accessible and is not intended to the public, and there is no direct or indirect 
commercial purposes.  WT/TPR/M/337/Add.1  
 
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  As for the resale right, they also are managed privately because till now there is no CMO covering 
the resale rights and art 33 of the new copyright draft law refers to the right holder or the author 
are entitled to have th e right remuneration.  
Follow -up question : 
Pursuant to Article 5(2)  b) of the Directive 2001/29/EC of on the harmonization of certain aspects 
of copyright and related rights in the information s ociety (Infosoc Directive) the member States 
may provide for ex ceptions or limitations to the reproduction right for private use by a natural 
person and for ends that are neither directly nor indirectly commercial, on condition that the right 
holders receive fair compensation.  
 
The EU would appreciate if in its reply,  Albania could clarify - concerning the private copying levies 
- whether or not Albania has transposed the private copying exception in its copyright laws, 
especially whether Albanian copyright law provides for the fair compensation for the right holders  
regulated in Article 5(2)b) of the Infosoc Directive, or did Albania introduce the private copying 
exception without providing this fair compensation.  
 
Answer:   
 
"The new Copyright law is in full harmonization with the Directive 2001/29/EC of the European 
Parliament or Info Soc Directive. Therefore, the copyright law provides for compensation for the 
right holders for using a private copy of the work, and has foreseen the mechanisms to make 
possible the implementation of this provision. These provisions are foreseen in the a rticles 130 and 
131 of the law. " 
 
Question 4:  
 
Could Albania also elaborate on the necessary criteria that collective management organizations 
have to meet in order to perform collective right management in Albania?  
  
Answer : 
Under the Article 133 of the new draft law, collective management organizations (CMO) should 
meet these characteristics in order to be able to perform collective management right in Albania:  
a) it should be registered as a non -profit organization, in accordance with the l egal provisions 
in force;  
b) has already approved its statute, which should meet the conditions stipulated in this Law 
and shall include specifically:  
i. the name of the collective management agency, goals and objectives, rights 
managed, categories of rights hol ders that the agency represents, the criteria for loss 
or gain of membership, rights and duties of members, the rules of election and 
functioning of the organs management, its starter capital and resources of the 
economy planned, the rules laid down for th e implementation of collection and 
distribution of income, way of supervising administration economic and financial 
agencies, the establishment of a special commission within the meaning of Article 
153, paragraph 6 of this law, use of capital or other asse ts, in the event of liquidation 
of the company, rules on the modalities of drafting the methodology that should be 
negotiated with users and the rules of representation in negotiations, and any other 
provision that is binding by legislation;  
ii.  the statutory  provisions of the collective management agencies should take into 
account the principle of transparency, the principle of conflict of interest in their 
governing bodies, and the principle of non -discrimination between members, 
members and non-members , as well as between users of copyright and other rights 
related thereto;  WT/TPR/M/337/Add.1  
 
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  iii. the general meeting of the members of the agency shall meet at least once a year; 
they decide to change the statute of the agency for the appointment or dismissal of 
executive bodies, rev iews the performance of their general and approves their 
compensation, as well as other benefits such as monetary benefits and non -cash, 
giving pensions or securities, rights and rewards or other rights to transitional 
payments; sets at least to the genera l policy for the distribution of bonuses to holders 
of rights and management expenses of the rights and the approval of any purchase, 
sale or mortgage of immovable property ;  
c) Has its seat in the Republic of Albania;  
d) Has logistics and space and appropriate and adequate mechanisms for the collection,   
distribution and payment of remuneration, technical service, professional expertise with at 
least one employee lawyer and an employee financier;  
e) Collective administration of rights is its only activity, unless its other activities in the field of 
art and culture;  
f) It presents mechanisms which guarantee equal treatment for rights holders, as well as to 
users when the objective conditions are the same treatment.  
Section 3.133 of the report states that under the pub lic procurement legislation, technical 
specifications for tenders need to "give a correct and complete description of the procurement ". 
The EU notes that operators complain about short deadlines and sometimes a lack of sufficient 
transparency regarding the  terms of reference.  Foreign companies mentioned that the electronic 
platform for public procurement has a poor interface, and that it is difficult for non -Albanian 
speakers to monitor the process since the documents are published in Albanian. They find it  
difficult for international companies to take part in public procurement without partnering with an 
Albanian company. Hence, competition could be improved in the public procurement market.  
 
Question 5:  
 
What is the Public Procurement Agency doing (or mor e generally what are the relevant authorities 
doing) to ensure that the technical specifications for the tenders live up to international standards?  
  
Answer : 
With regard to the above issue, it should be emphasized that Public Procurement Legislation in 
Albania is generally in line with the European Directives in this area, including also the principles 
on which drafting of technical specifications should be based.  
According to the Albanian legislation, the technical specifications shall be drafted in such a way 
that they give a correct and complete description of the procurement without favouring  a specific 
economic operator. Technical specifications are part of the Bidding Documents published by the 
Contracting authorities  
In order to unify the Bidding Do cuments and guarantee that they are drafted according to the 
international/European standards, PPA has adopted the Standard Bidding Documents for each type 
of procedure and contract which are made available for free at the PPA website.  
Moreover, the legis lation specifically provides the obligation of the Contracting Authorities to draft 
the Bidding documents also in English, in case of an International procedure (i.e. above the 
threshold). Thus, as provided by Article 14, point 2 of the Public Procurement Rules adopted by 
DCM 914 of 29  December 2014, "…in case of procurement procedures above the threshold, the 
tendering documents shall be drafted in Albanian and English… ". 
According to section 3.39 , the National Licenses  Centre under the Ministry of Economi c 
Development is in most cases responsible for issuing licenses.  
 WT/TPR/M/337/Add.1  
 
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  Question 6:  
 
Are there mechanisms to ensure that the criteria used by the National Licences Centre when 
issuing licenses are fair and reasonable?  
 
Answer : 
The procedure and general condition s of licensing and permitting are clearly stipulated in the 
articles 16 -22 of the Law No.10081, date d 23 February 2009, while the specific criteria, 
documentation, decision -making institution and time period and validity period (for some licenses 
and permi ts, because the majority of licenses and permits are unlimited in time) are stipulated in 
DCM No. 538, date s 26 May 2009.  
Questions on the Government Report WT/TPR/G/337:  
 
Para 2.11 page 7 . Albania details the programme on formalization of the economy. Ope rators 
that are operating on markets in full transparency are at a competitive disadvantage compared to 
informal operators.  
 
Question 7:  
 
Could Albania report on what it considers the key elements that motivated persons/entities non 
declared previously to declare their activities and enter into formal activities? What are the 
measures that are currently contemplated to further improve the current situation and create a 
more level playing field between the "declared " sector and the "undeclared "? 
  
Answer : 
The key Elements that motivated persons/Entities to enter into formal activities during the first 
phase Sept ember -March of the operational plan against informality was related with improvement 
of Fiscal Administration capacities, introduction of risk methodo logy, increase of collaboration 
between Fiscal agencies and reduction on taxes for small business.  
Currently the second phase of operational plan against informality is focused on continuous 
monitoring of declarations through risk methodology criteria, in troduction of new methods of 
control of VAT declaration in Customs and Tax administration and Simplification of declaration 
procedures to reduce administrative costs.  
Question 8:  
 
The government endorsed a law on strategic sectors that allows for state ai d according to certain 
criteria and thresholds. The EU would be interested to know if the government is in capacity to 
inform whether aid has been granted already.  
 
Answer : 
No aid has been granted to date.  
Para 2.2.3 Privatisations  
  
Question 9 : 
 
What will  happen with the hydro power plants that were privatised in 2013 (HEC Ulez Shkopet 
Sh.A and HEC Bistrica 1 and Bistrica 2 sh.A ', given the fact that the owner - KURUM company who 
bought them in 2013 has filed the request for bankruptcy procedures?  
 
Answer : 
Based on the court order No. 6631; dated 15  April 2016 of the Tirana Regional Court, a 
bankruptcy proceedings for reorganization for 'KURUM International ' sh.a. has started. Given that, WT/TPR/M/337/Add.1  
 
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  the actions that will take place in regards to that will depend on th e plan of reorganization filed by 
the company and voted by interested parties.  
Para 2.3.5. Public private Dialogue  
 
The government states that: "Any legislative change is consulted in advance, with 60 days 
mandatory time limits for consultations ." The EU notes that this is not always respected . There are 
several complaints by the business associations in this regard, especially with regard to fiscal 
package amendments.  
 
Question 10: 
 
What are the challenges that the authorities face in this regard?  
  
Answe r: 
The main challenges in this regard are related to the dynamics of legislation harmonisation agenda 
and the speed the legislative process requires. The legislative planning does not specify the 
consultation period and therefore each institution should be  aware of the binding requirement for 
consultation. In addition, alternative instrument for consultation may be introduced by state 
institutions (i.e. direct consultation through round tables, etc.) to complement the online 
consultation as foreseen by the law.  
Para 3.9 page 11 on custom procedures and AEO. The report states that "Albanian 
legislation on AEO is functional '. The EU notes that there are currently only 4 requests from the 
private sector to get the AEO status. ' 
  
Question 11:  
 
Could Albania pr ovide more information regarding how the AEO legislation is implemented in 
practice, including statistical data if possible? What would be the factors that would limit operators ' 
interest in the scheme?  
 
Answer : 
Related to such mentioned questions, we clar ify that:  
For the AEO (Initials) it is approved the legal framework according to the VKM (Council of Ministers 
Decision) No. 919 dated 29 December 2014 for the approval of the Applicative Disposals of the 
Law No. 102/year  2014, dated on 31 July 2014, "The Customs Code of the Republic of Albania ". 
From the side of the Economic Operators we do not have demand for AEO -s. From the practical 
point of view, the OEA -s (Initials) are not reflected because there are not approved sub -legal acts 
related to and we expe ct them to be adapted with the new EU disposals.  
In continuation of the procedures facilitation it is approved the VKM (Council of Ministers Decision) 
No. 366, dated on April 30, 2015 " The Clearance at the Economic Operator 's side (premises) ", For 
some ch anges and ad -ons of the VKM (Council of Ministers Decision) No. 205 dated on April 30, 
1999 "For the Applicative Disposals of the Customs Code ." 
For the clearance at the Economic Operator premises we do have four requests for authorization 's 
ownership. Amo ng these requests, three authorizations are approved and are functional; the 
fourth request it is yet in the process review for documentation filing purposes.  
Page 12 para 3.2.1.4 on technical regulation reports that the Market Surveillance 
Inspectorate wa s established by a decision of 20 January, but there is no information about the 
organisational structure of the MS Department, the number of staff, the organisation of the work 
in departments, nor whether it has become operational or not . 
  WT/TPR/M/337/Add.1  
 
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  Question 12: 
 
Could Albania give more information on the structure and administrative capacity of the Market 
Surveillance Inspectorate?  
  
Answer : 
The establishment of Market Surveillance Inspectorate (MSI) is approved by the Council of 
Ministers Decision No. 36, date 20  January 2016. The draft Order of Prime Minister for the 
approval of its structure is in the end of the consultation process with the Department of Public 
Administration and Ministry of Finance.  
The MSI is foreseen to be structured in 5 main departments (i ) technical department, (ii) 
surveillance of products department, (iii) surveillance of tourism standards department, (iv) IPR 
surveillance Department, and (v) administrative department. The total number of employees will 
be 90.  
Para 3.25  states that "The competition policy is currently being amended ". 
  
Question 13: 
 
Could Albania indicate the areas that will be subject of amendments and the objectives sought by 
the government with these amendments compared to the law dated 2006? What is the timetable 
for finalisation and for adoption of the new law? Regarding telecoms, what is the current entity 
responsible to ensure the enforcement of competition law in this sector and are there any plans to 
change this/the scope of competition enforcement regarding telec oms in future and if so, would 
this be notified to GATS according to Albania 's commitments in GATS?  
 
Answer : 
The law No. 9121, dated 28.07.2003 "On Protection of Competition " has been amended in 2010 
with the Law No. 10 317, dated  16 September 2010 on amen dments on the law "On Competition 
Protection ". These amendments further approximated the Albanian legislation with the EU acquis , 
introduced a new system of fines, Block exemptions ', de minimis  rule, Approximation with Art 106 
of the Treaty of the function ing of the EU, stronger enforcement regime of the decisions of the 
Albanian Competition Authority etc. At the moment there is no intention to amend again the 
Competition law.  
In accordance with the above mention competition law, the Competition Commission  in 2006 has 
drafted and approved the National Competition Policy. The main competition policy objectives are 
contained in the National Competition Policy issued in December 2006  (decision of Competition 
Commission No. 43, dated 28  December 2006) .  
At the moment, The Albanian Competition Authority is in the drafting process of the new National 
Competition Policy, reflecting the experience and challenges of the Authority work since the first 
national competition policy which dates in 2006.  
Regarding telecom s, in Albania there is the regulatory body, The Electronic Communication and 
Postal Authority (AKEP), which according the law No. 9918, dated 19  May 2008 "On electronic 
communications in the Republic of Albania " Article  61 "Special control on anti -competit ive 
behavio r" foresees that Significant Market Power (SMP) undertakings that provide public electronic 
communications networks and services should not abuse with their position in the market. Where 
AKEP at its own initiatives, or following the receipt of a  notification from other undertakings, or 
other interested parties deems that SMP undertaking is abusing with its position, presents the case 
before the Competition Authority, requesting for starting the respective legal procedures.  
In each case, based on the fact that the scope of the competition law covers all sectors of the 
economy, even the telecom sector/market is subject of investigation where potential anti -
competitive behaviour  from the undertakings operating in this sector happens. The Albanian 
Competition Authority has had under investigation several times the telecom sector and has 
closely cooperated with the telecom regulatory body.  WT/TPR/M/337/Add.1  
 
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  Page 18 para 3.54  details the preparation of the setting up of a Trade Coordination Committee.  
 
Question 14: 
 
What is the current state of play of preparation and timeframe for the implementation of this Trade 
Coordination Committee?  
  
Answer:  
The establishment of the Committee is a priority. The Order of the Prime Minister on the 
establishment of the Committee was re -send for approval. After some additional internal 
consultation the legal instrument for the establishment of the Committee had some improvement 
(i.e. increase the number of business associations members, inclusion of reporting mechanism, 
etc.). As present ed the in Government report the Committee will serve two fold objectives: (i) 
comply with WTO TFA and respond to the needs of trade facilitation agenda, (ii) coordinate in a 
structured manner trade policy, through a sound monitoring instrument to be establ ished.  
With the support of USAID the rules of procedures, including the scope of work of the Committee 
are being prepared. Albania intends to launch the establishment of the Committee and present the 
main outlines of the work plan for 2016 -2017 within June  2016.  
Para 3.29 "During 2010 -2015 good progress was achieved in the enforcement and institutional 
cooperation with regard to IP rights ". 
 
Companies complain that despite having reported concerns to the customs office, counterfeit 
goods are not always seiz ed at the border. They find it difficult to take legal proceedings against 
breaches of IPRs.  
 
Question 15:  
 
What are the challenges faced by the enforcement authorities to reduce the presence of 
counterfeited products in the local markets and strengthen IP R enforcement in Albania?  
 
Answer : 
1. In order to understand and implement accurately customs legislation and ensuring 
compliance with correctness and uniformity of procedures for protection of IPRs by all customs 
employees, we are drafting sublegal acts are.  Compilation of these manuals in accordance with the 
corresponding manuals that exist in the EU should be a considered a main task, because of the 
need to have a uniform interpretation of the same concepts and procedures, due to the fact that 
Albanian nati onal legislation is almost entirely aligned with that of EU 's. As the new Albanian 
Customs Code has now entered into force, drafting of these manuals and guidelines should be 
taken into consideration as soon as possible.  
 
2. The practical first line of defenc e in tackling counterfeit products is customs enforcement. 
Using customs authorities to seize and destroy products at the border is by far the most effective 
method of preventing counterfeit products from entering the market. It is comprehensive that 
once these products have crossed over into the market, tracking them down and destroying them 
inevitably becomes much more complicated, time consuming and costly. The effectiveness of a 
customs enforcement action is very much based on the amount of information provided by the 
rights holder. The more information customs authorities have on what genuine and counterfeit 
products look like (and how to spot them), the more likely customs will take action to detain 
suspect consignments of products. Conducted properly,  customs enforcement can be a remarkably 
efficient and cost -effective strategic tool. This is considered essential challenges, said to be 
changed with the new amendments of legal basis.  
 
The new DCM No. 1090, dated 28  December 2015 on  Amendments to the de cision No. 205, dated 
13 April 1999, as amended,  aligned (harmonized) with Regulation (EU) No. 608/2013 of the 
European Parliament. This legal basis provides the obligation of the right holder to secure detailed 
information for customs authorities through an application.  
 WT/TPR/M/337/Add.1  
 
- 15 - 
 
  3. The human factor always remains the most important factor that enables the well -
functioning of the IPRs system. Customs officers need training, to be updated with new legislative 
developments, for further assimilation of existing customs procedures, related to enforcement of 
IPRs. 
 
4. The awareness of customs officers, rights holders, business, public/consumer to exercise 
their rights that law allows, on fake and pirated products has a very important role on reducing the 
level of vulnerabilit y of IPRs. Also, these awareness campaigns must provide information on 
counterfeits itself.  
 
Para 3.2.2.3 Banking  
 
The report does  not mention the government actions to clear non -performing loans (NPL), neither 
informs about the level of NPLs in Albania.  
  
Question 16: 
 
Could Albania provide information about the level of non -performing loans in Albania and the 
measures taken till now to address them?  
  
Answer : 
Bank of Albania, during the period 2013 -2016, has implemented an initiative in cooperation with 
FinSAC project of World Bank, with the purpose to address the problem of large borrowers with the 
banking system. The initiative aimed at finding a common solution between banks with cross -
exposure toward one single borrower or group of borrowers.  
With the  purpose to reduce the accumulated large amount of loss loans in the banks ' portfolio, 
Bank of Albania introduced regulatory requirements for obligatory write -offs of loss loans older 
than three years in this category. This was principal cause for signific ant NPL ratio reduction during 
2015.  
In cooperation with IMF, Bank of Albania organized FORUM which topic was NPL reduction. Several 
state institutions took part and discussed the options for NPL reduction. The FORUM decided that a 
national strategy on the  purpose should be prepared. By September 2015 this joint strategy 
between Albanian Government and Bank of Albania was finally approved. Its main tasks consist of 
law changes with the purpose to improve the collateral improvement process. For Bank of Alban ia 
it required certain regulatory changes in order to promote a smoother environment for NPL 
management and discussion with banks for proper addressing the 35 largest borrowers in the 
system.   Since 2013, Bank of Albania has in place a set of measures whic h, in principle, requires 
from banks higher capital levels for increased non -residential investments and lower capital levels 
for an increased loan portfolio within certain thresholds in the country 's economy. It aimed at 
promoting the financing of local e conomy with the purpose to reduce countercyclical effects on NPL 
increase. Such measures have been extended for year 2016 as well.  WT/TPR/M/337/Add.1  
 
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  UNITED STATES  
Question s on the Secretariat Report (WT/TPR/S/337)  
Page 52, Paragraph 3.77 :  
Question:  
The Secretariat states that Albania does not have any legislation in force regarding the marketing 
of food composed or containing agricultural products derived from biotechnology, or known as 
genetically modified organisms (GMOs). However, Law No. 9863 contains a chapter which a llows, 
subject to risk analysis and authorization by the MARDWA, imports of food containing GMOs 
(classified as "new food "). Can Albania clarify how authorization process for "new food " applies to 
foods containing GMOs? What are the labelling  requirements for GMOs?  
Answer:  
The authorization for marketing of food composed or containing agricultural products derived from 
biotechnology, or known as genetically modified organisms (GMOs) is done on a case by case.  
Albania is in the process of drafting the Orde r of the Minister of Agriculture, Rural Development 
and Water Administration related to conditions and procedures for authorization of this category of 
food.  
Regarding the labelling  requirements for GMOs, Law No. 9863/2008, Article  36 letter 1/gj 
determin e that label must have "the content or composition of the GMOs as well as the specificity 
of the kind of the GMO contained ". 
Follow -up question:  
In Albania 's response, it is stated that Law No. 9863/2008, Article  36 letter 1/gj determine that 
label must ha ve "the content or composition of the GMOs as well as the specificity of the kind of 
the GMO contained. " Does article 36 apply to labels of bulk shipments or to consumer products?  
 
Please provide a detailed explanation of what is meant by the "content or composition of the 
GMO, " and the "specificity of the kind of GMO contained. "  
 
- Is this referring to the "event ID, " e.g. MON 810?  
- Or does it mean the plant product, e.g. "genetically modified maize? "  
- Or does it mean the inserted gene? EC2.4.2.19?  
- Or doe s it mean the trait (resistance to European corn borer)?  
 
Answer:  
Regarding to the labelling requirements for GMOs , Law No. 9863/2008 in article 36 letter 1/gj 
determine that label must have “the content or composition of the GMOs as well as the specifici ty 
of the kind of the GMO contained”  . Actually the working group is working in preparing the sublegal 
acts regarding the labelling of GMOs which will explain and the meaning of “the kind GMO 
contained”.  
 
Question:  
 
Page 52, paragraph 3.76 : The Secretariat  report states that "[l]aw No. 10465 of 29 November 
2011, as amended (Article 82, paragraph 2), prohibits the use of hormones in food and products of 
animal origin and feedstuffs; for this reason, imports of food of animal origin that are labelled as 
conta ining hormones are not permitted. " In light of Article 3.3 and 5.1 of the SPS Agreement, 
could Albania please explain the scientific basis for its prohibition? Further, how does Albania view 
this prohibition taking into account that the Codex Alimentarius Commission has found no scientific 
basis for an outright ban on the use of hormones in food animals and has, in fact, established 
maximum residue limits for some hormones while recognizing that for other hormones a limit is WT/TPR/M/337/Add.1  
 
- 17 - 
 
  not necessary so long as they ar e used "as a growth promoter in accordance with good animal 
husbandry practice "?  
Answer:  
According to Law No. 10465 of 29 November 2011, as amended (Article 82, paragraph 2), are 
allowed the use of hormones in food and products of animal origin and feedst uffs only for 
hormones which are prohibits in EU legislations.  
Albania based on council directive 96/22/EC concerning the prohibition on the use in stock farming 
of certain substances having a hormonal or thyrostatic action and of beta -agonists, and repea ling 
Directives 81/602/EEC, 88/146/EEC and 88/299/EEC, has approved the order of Minister No. 357, 
date 21.12.2011 which is in full compliance with this directive.  
Follow -up question:  
- We remain interested in learning the scientific basis for this prohibiti on (as opposed to the 
laws cited). Could Albania please explain the scientific basis for its prohibition?  
- How does Albania view this prohibition in light of the fact that the Codex Alimentarius 
Commission has found no scientific basis for an outright ban on the use of hormones in food 
animals and has, in fact, established maximum residue limits for some hormones while 
recognizing that for other hormones a limit is not necessary so long as they are used "as a 
growth promoter in accordance with good animal h usbandry practice "? 
- What plans does Albania have to follow the international standards and guidelines set by 
Codex as a framework to its SPS regulations?  
 
Answer:  
 
Albania prepares legal acts in according with European legislation under Chapter 12 of the E U "On 
veterinary, food safety and plant protection ", EU legislation take in consider the scientific 
evaluation of risk made by EFSA and the Codex Alimentarius Commission.  
 
Based on this risk assessment, the MRL for any substance defined in EU legislation,  are MRL 
established in Albanian legislation . 
 
Actually the working group is working in improving the sublegal acts regarding the MRL, as a 
framework to SPS regulations.  
 
Question:  
   
Page 53, paragraph 3.85 : The Secretariat notes that the Law "No. 9374 On  State Aid " prohibits aid 
being contingent upon the use of domestic over imported goods.  While we applaud Albania 's steps 
toward ensuring compliance with WTO principles of non -discrimination between domestic and 
imported goods, the Secretariat also notes t hat the law "On State Aid " does not appear to apply to 
agriculture and fisheries.  Could Albania please clarify whether the law "On State Aid " covers 
agriculture and fisheries, or whether this prohibition is extended to agriculture and fisheries in 
another law? If yes to either scenario, would Albania please indicate the relevant laws and parts 
thereof?  If Albania does not have these prohibitions that extend to agriculture and fisheries, would 
Albania please explain what steps it is taking to ensure that aid  contingent upon the use of 
domestic over imported agricultural and fishery goods is also prohibited?  
Answer:  
The Albanian legislation in force on state aid has excluded from its scope of application agriculture 
and fisheries. This legal provision is base d on the Stabilization and Association Agreement between 
EU and Albania, namely the Article  71, paragraph 8.  
In addition, the Law No. 9374, date d 21 April 2005 "On state aid ", as amended in Article 2 
provides for "This law shall apply to State aid granted to all sectors of manufacturing and services 
in the Republic of Albania with the exception of agriculture and fisheries. " WT/TPR/M/337/Add.1  
 
- 18 - 
 
  There is no specific law that extends the prohibition of the contingent aid to agriculture and 
fisheries, upon the use on domestic ove r imported goods. However, the aid granted by Albania to 
agriculture and fisheries is compliant with the WTO Agreement on Agriculture, in particular the 
domestic support rules. In no cases Albania has been in breach of the "de minimis " level as 
committed i n WTO.  
Question:    
Page 68, table 3.9:  The Secretariat report states that Albania may refuse registration for an 
industrial design that contains a flag or a national emblem.  Please further explain this provision of 
Albania 's law in light of Article 25 of t he TRIPS Agreement.  
Answer:  
In law 9947 dated 7 July 2008 "On Protection of Industrial Property ", changed: Art icle 115 Refusal 
of a design on an absolute basis; point (1/dh) a product design is not protected if it contains a 
national seal, flag or emblem, the name or abbreviation of the name of a country or international 
organization.  
This provision of Albanian law is drafted in light of Article 25 of the TRIPS Agreement . 
Question:  
Page 71, paragraph 3.163:  The Secretariat report notes the recent efforts to  finalize the drafting of 
a new law that would "transpose a number of EC Directives and ensure better protection of 
copyright and related rights. " Can Albania please elaborate on the specific EC Directives that will 
be transposed into national law? We woul d be interested to learn more about Albania 's 
transposition of the requirement to provide legal protection for technological protection measures, 
which do not appear to be reflected in the Law No. 9380 of 28 April 2005 (copyright and related 
rights). In pa rticular, will the new law expressly provide for the legal protection of both access and 
copy controls?  
Answer:  
1. Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 
on the term of protection of copyright and certain rela ted rights (codified version)  
2. Corrigendum to Directive 2004/48/EC of the European Parliament and of the Council of 
29 April 2004 on the enforcement of intellectual property rights (OJ L 157, 30  April 2004)  
3. Directive 2001/29/EC of the European Parliament an d of the Council of 22 May 2001 on the 
harmonisation of certain aspects of copyright and related rights in the information society.  
4. Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 
on the resale right for the benefit of the author of an original work of art.  
5. Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the 
legal protection of databases.  
6. Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the 
legal protection of computer programs;  
7. Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 
on rental right and lending right and on certain rights related to copyright in the field of 
intellectual property;  
8. Directive 2014/26 /EU of the European Parliament and of the Council of 26 February 2014 on 
collective management of copyright and related rights and multi -territorial licensing of rights 
in musical works for online use in the internal market;  WT/TPR/M/337/Add.1  
 
- 19 - 
 
  9. Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules 
concerning copyright and rights related to copyright applicable to satellite broadcasting and 
cable retransmission.  
10. Directive 2014/26/EU of the European Parliament and of the Council of 26  February 201 4 on 
collective management of copyright and related rights and multi -territorial licensing of rights 
in musical works for online use in the internal market Text with EEA relevance . 
The above mentioned  directives are transposed in the new law on copyright, which was approved 
by the Albanian Parliament on 31 March 2016 and is published in the Official Gazette  64/2016, 
dated 20 April 2016. The law No. 35/2016 "On Copyright and Relatives R ights". 
Question:  
Page 72, paragraph 3.168:  Please clarify whether the en forcement provisions contained in the 
Penal Code, the Penal Procedure Code, the Civil Code, the Civil Procedure Code, and Customs 
legislation apply to copyrights as well.  
Answer:  
The enforcement provisions on copyright are included in the Penal Code ( Article 149), in Civil Code 
(Article  605, 824) and in Customs legislation – Decision of Council of Minister No. 205, date d 
13 April 1 999 "On Implementing provision of Customs Code " amended articles (118 -120/) 
General Directorate of Customs aims to provide a lev el of protection and enforcement of IPRs 
similar to that of the EU. This considering, on 12 January 2016, entered into force the Decision of 
the Council of Ministers No. 1090, dated 28 December 2015 on  Amendments to the decision 
No. 205, dated 13 April 1999, as amended ".  
This DCM exclusively on procedures of IPR protection and enforcement is aligned (harmonized) 
with Regulation (EU) No. 608/2013 of the European Parliament, concerning customs enforcement 
of intellectual property rights and repealing Council  Regulation (EC) No. 1383/2003. " 
Following, DCM No. 1090, dated 12.28.2015 on  Amendments to the decision No. 205, dated 
13 April 1999, as amended ", Article 1, point 1, states as follows:  
"…1. For the purposes of the Law "Intellectual Property Right " means:  
  
a) a trademark;  
b) an industrial design;  
c) a copyright or any related right, as defined in legislation power… " 
Question:  
Page 72, paragraph 3.169:  The report states that criminal penalties are increased for repeat 
crimes involving "…the unlawful production an d distribution on a commercial scale of industrial 
goods and food…. " Are criminal penalties also increased for repeat offenders with respect to 
copyright piracy?  
 WT/TPR/M/337/Add.1  
 
- 20 - 
 
  Answer:  
For repeat offenders concerning copyright piracy, criminal penalties have been amende d in 2012 
and they are more restricted because in case of reiteration  they are punishable by a criminal fine 
or imprisonment up to two years.  
Question:  
Page 73, paragraph 3.176:  The report states that during the review period about 13,200 pirated 
items of merchandise (e.g., CDs, DVDs) were confiscated.  Could Albania please elaborate on the 
procedures that are in place to dispose of confiscated pirated goods?  
Answer:  
 
Under the Article  123 in the final decision the court decides, if appropriate, and confisca tion of 
materials or equipment, and bests for administration Albanian Copyright Office (ACO).  
CO for the management of materials/equipment acts after payment of a fee, which is paid by the 
person concerned. Under Article  124, measures of sequestration or confiscation are taken on the 
basis of the requirement of the person concerned, the decision of the competent authority, 
regardless of the value of the work. This decision will remain in force until final resolution of the 
dispute. For the establishment of  such measures, the relevant body conducting a hearing of all 
parties involved in the process.  
For evidence and claims of the parties held the record.  
Customs Administration also performs the procedures on confiscation, compliant with the national 
legislat ion. 
DCM No. 1090, dated Destruction of goods, initiation of proceedings and early release of goods 28 
December 2015 on Amendments to the decision No. 205, dated 13 April 1999, as amended ", 
Section 2 Articles 23 – 26. Goods suspected of infringing an intel lectual property right may be 
destroyed under customs control, under the right holder expenses, where:  
 The declarant or the holder of the goods and the holder of the decision agrees to 
destruction, within the prescribed period.  
 The same applies, where th e declarant or the holder of the goods has not confirmed 
his agreement to the destruction of the goods nor notified his opposition thereto to 
the customs authorities, within the deadlines, the customs authorities may deem the 
declarant or the holder of the  goods to have confirmed his agreement to the 
destruction of those goods.  
 In case of possible objections to destruction of goods, this case is transferred to court.  
 The customs authorities shall, upon request and as appropriate, provide the holder of 
the decision with information about the actual or estimated quantity of destroyed 
goods and their nature. It is important to clarify that customs authorities role is 
focused on controlling the destruction procedure.  
Lastly, according to Article 120/8, Goods t o be destroyed shall not be:  
a) Released for free circulation, unless customs authorities, with the agreement of the 
holder of the decision, decide that it is necessary in the event that the goods are to be 
recycled or disposed of outside commercial channels , including for awareness -raising, 
training and educational purposes. The conditions under which the goods can be 
released for free circulation shall be determined by the customs authorities;  
b) Brought out of the customs territory of the Union;  WT/TPR/M/337/Add.1  
 
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  c) Exported;  
d) Re-exported;  
e) placed under a suspense procedure;  
f) Placed in a free zone or free warehouse . 
Question:  
Page 77, paragraph 4.14 Domestic Support Measures: The Secretariat report states that Albania 's 
notifications to the WTO on domestic support cover the time  period of 2009 -2010 and 2013.  Would 
Albania clarify whether it utilized domestic support program mes between 2010 and 2013 and/or 
after 2013, and if so , what program mes were utilized? What steps is Albania taking to ensure that 
domestic support notificatio ns for 2011, 2012, and years beyond 2013 are submitted to the WTO?  
Answer:  
Yes there are domestic support programs utilized for the years 2010, 2011 and beyond 2013. The 
financial support is realized through  the implementing schemes which include the direc tly support 
schemes by Programme on Agricultural and Rural Development, for the increase of production in 
the most important agricultural sectors (olives, vineyards, fruit trees, medicinal plants, 
investments in greenhouses, etc.) and measures on promoting  rural credits in agro -processing and 
agricultural mechanization.  
  
Ministry of Agriculture is taking all the necessary steps to prepare the notifications on domestic 
support in order to submit these notifications to WTO.  
 
Question:  
  
Page 86, paragraph 4. 52 (Box 4.3):  The Secretariat report states that 14 of the 16 banks in 
Albania are foreign controlled.  Can Albania share details on which countries these foreign banks 
are based?  
Answer:  
Countries of origin are listed below and they refer to the majority s hareholders of the banks. These 
countries of origin are: Turkey, Austria, Italy, Greece, France, Germany, Bulgaria, Switzerland, 
Saudi Arabia and Kuwait.  
Questions on the Government Report (WT/TPR/G/337)  
Questions:  
Page 14, Paragraph 3.27:  The Government r eport notes that a new draft copyright law has been 
approved by the Council of Ministers, which pays particular attention to the "monitoring of IP 
rights in the market. " Could Albania elaborate on the meaning of this phrase and any specific new 
activities contemplated for the Albanian Copyright Office? We also note that existing Albanian 
copyright law, Law No. 9380 of April 28, 2005, already extensively regulates the contracts of 
authors and other creators, including requirements to deposit certain contract s with the Albanian 
Copyright Office, raising questions in light of the full enjoyment and exercise of the exclusive 
rights of authors and other creators under the Berne Convention. Could Albania provide additional 
information on the operation of these pro visions? Finally, does Albania plan to ratify and 
implement the Marrakesh Treaty to Facilitate Access to Published Works for Visually Impaired 
Persons and the Beijing Treaty on Audio -visual  Performances?  
Answer s: 
The new Copyright law makes a new novelty about the "monitoring of IP rights in the market ". 
This novelty involves the fact that the competent authorities create and approve technical codes in WT/TPR/M/337/Add.1  
 
- 22 - 
 
  order to guarantee the protection of these right s. These technical codes allow  to identify the 
producer o r the importer of the products related to Copyright.  
The Law No. 9380 of 28 April 2005 is fully harmonized to the treaties and conventions regarding to 
the copyright field and beside that the Republic of Albania has ratified by law the  Bern Convention. 
The authors and the other creators fully enjoy the exclusive rights.  
Concerning the Marrakesh Treaty and the Beijing Treaty, according to the draft of "National 
strategy on IP Right ", it is planned to be ratified in 2018.  
Question:  
Page 18, Paragraph 4.1:  The Government report states, "The WTO Trade Facilitation Agreement 
was ratified by the Parliament on 4 February 2016 and the acceptance document is in the 
preparation phase. " What is the current status of the acceptance  document, and when does 
Albania anticipate being able to notify the WTO of its acceptance of the TFA?  
Answer:  
The Protocol amending the Marrakesh Agreement establishing WTO and introducing the Trade 
Facilitation Agreement is ratified by the Albanian parl iament by the law No 7 of 4 February 2016. 
In addition, the Instrument of Acceptance is prepared and sent through diplomatic channels to the 
WTO Secretariat.  WT/TPR/M/337/Add.1  
 
- 23 - 
 
  BRAZIL  
Questions on the Secretariat Report (WT/TPR/S/337)  
 
Question 1 : 
 
In paragraph 4.7 of its r eport, the Secretariat states that the Inter -sectoral Strategy for 
Agriculture and Rural Development 2014 -2020 (ISARD) lays out Albania 's program me for the 
agricultural sector, "in line with the overall objective of moving towards integration into the EU " 
and that the ISARD intends to introduce various measures including financial support measures for 
the promotion of agriculture. What are the specific support measures being implemented or 
envisaged by Albanian authorities within the framework of the ISARD?  
 
Answer:  
 
In the frame of ISARD, financial support measures to promote agriculture are as follows:  
1. The program IPARD II  for the period 2014 - 2020 was formally adopted by Commission 
Decision C  (2015) 5073 of 20 July 2015, following the favourable opinion of the IPA II 
Committee on 30 June 2015. The measures planned to be implemented are as follows;  
 Package 1  
Investments in physical assets of agricultural holdings, (ii) Investments in physical 
assets concerning processing and marketing of agricultural and f ishery products, (iii) 
Farm diversification and business development, (iv) Technical assistance  
 Package 2  
Advisory services ; Preparation and implementation of local development strategies – 
Leader approach ; Agri-environment – climate and organic farming.  
Financial EU grant of 71 million Euros spread over years  
 
Year 2014  2015  2016  2017  2018  2019  2020  
Total  -  -  13,000,000  14,000,000  12,000,000  16,000,000  16,000,000  
 
2. National support Policy of direct support to farmers   
During 2015, financial support is realized through  the implementing schemes which include the 
directly support schemes by Programme on Agricultural and Rural Development, for the increase of 
production in the most important agricultural sectors and measures on promoting rural credits in 
agro-processing and agricultural mechanization. Mountainous areas are favoured by less restrictive 
eligible criteria.  
 
National  Support Scheme of Albania 2015  
 
No Support measures  Supported applicants  Disbursed ALL  
Number  in %  ALL in %  
1 Planting of auto chthon vineyards  29 0.23 6,782,400  0.44 
2 Planting of other Vineyards  18 0.14 4,029,000  0.26 
3 Bio/Organic Farms 2014  1 0.01 80,000  0.01 
4 Cows with semi -pasture regime (2014)  79 0.62 10,988,000  0.71 
5 Snail support (2014)  1 0.01 385,000  0.02 
6 Orchar d Planting (trees)  35 0.28 4,512,740  0.29 
7 Planting of Nuts, Hazelnuts and 
Almonds  20 0.16 2,186,000  0.14 
8 MAP's planting  82 0.64 12,204,060  0.79 
9 Central heating greenhouses  62 0.49 16,411,769  1.06 
10 Drop irrigation  49 0.39 13,112,126  0.85 
11 Matriculated/Identified sheep/goats  1,972  15.51  466,335,454  30.11  WT/TPR/M/337/Add.1  
 
- 24 - 
 
  No Support measures  Supported applicants  Disbursed ALL  
Number  in %  ALL in %  
12 Beehives support  396 3.11 56,869,140  3.67 
13 Young stock Aquaculture Support  7 0.06 4,294,500  0.28 
14 Support of Aquaculture Feed  13 0.10 5,287,625  0.34 
15 Fruit delivery support  46 0.36 11,574,182  0.75 
16 Vegetable delivery support  151 1.19 35,766,024  2.31 
17 Milk delivery support  94 0.74 39,931,832  2.58 
18 Mussels Delivery Support  1 0.01 214,000  0.01 
19 Credit with the support of 70% of 
interest rate  37 0.29 22,809,674  1.47 
20 Support of 50 -60% of the investment 
cost 40 0.31 726,991,802  46.94  
21 Control of olive fly  9,582  75.36  107,845,549  6.96 
Total  12,715  100 1,548,610,878  100 
Source: MARDWA  
During 2015, about 20% of supported applicants are from livestock field and had rece ived about 
37% of available funds and 30% of total disbursed fund has been used for small ruminants (sheep 
and goats).  
 
During 2015, the supported measure for delivery of agricultural products to the collection points 
occupy 2.5% of total number of applica nts and have received about 5.7% of total budget. During 
the 2015 about 47% of disbursed funds are given for investments.  
 
Question 2 : 
 
With regard to biofuels policies, the Secretariat reports in paragraph 4.43 of the document 
WT/TPR/S/337 that Albania p lans to revise its 2008 Law "On Biofuels " "with a view to transposing 
the requirements of Directive 2009/28/EC on sustainability criteria and introducing more adequate 
incentive measures ". Is there any timeframe set for this policy revision? What are the t ypes of 
incentive measures Albania plans to adopt to promote biofuels in the country?   
 
Answer:  
 
The Law "On Biofuels " is being amended and expected to enter in force within the second quarter 
2016.  
"Biofuels and other renewable combustibles used in  transport, as well as raw materials used for 
their production are regulated under a special tax regime to make them competitive in the market. 
From the entry in force  of this law until 2020, excise duty for the pure biofuels produced in the 
country will be zero ." 
 WT/TPR/M/337/Add.1  
 
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  CANADA  
Questions on the Secretariat Report ( WT/TPR/S/337)  
2. Trade and Investment Regime; 2.3 Trade Agreements and Arrangements; 
2.3.1  WTO; paragraph 2.19, page 23  
 
The Secretariat 's Report states that the Government of Albania is undertaking legal pr ocedures to 
ratify the WTO Agreement on Trade Facilitation.  
 
Question:   
 
1. Could Albania please elaborate on the status of these legal procedures, the steps required to 
successfully ratify the Agreement and the expected timing of ratification?  
 
Answer:  
 
The Protocol amending the Marrakesh Agreement establishing WTO and introducing the Trade 
Facilitation Agreement is ratified by the Albanian parliament by the law No . 7 of 4 February 2016. 
In addition, the Instrument of Acceptance is prepared and sent through d iplomatic channels to the 
WTO Secretariat.  
 
2. Could Albania please confirm on what basis would customs authorities  decide to apply the 
same customs duties to all cargo?  
 
Answer:  
 
Under Albanian Customs Code, Article  161 of Law No. 102/2014, in case there is  a request by the 
importer, Albania applies the same customs duties to all the cargo, based on the tariff line 
(subheading) of the goods, which has the highest tariff customs duty on import . 
 
3. Trade Policies and Practices by Measure; 3.1 Measures Directl y Affecting Imports; 
3.1.1 Customs procedures and requirements; paragraph 3.9, page 32  
 
The Secretariat 's Report states that, "when a shipment consists of goods with different tariff 
classifications and treatment and this creates a considerable amount of w ork and expense, 
considering the amount of the import duties to be paid, in accordance with Article 161 of Law No. 
102/2014 and based on an application by the declarant, the customs authorities may decide to 
apply the same customs duties to all cargo, base d on the tariff subheading with the highest level 
of customs duty on import. " 
 
The practice of applying a tariff rate to a product that is different (and in this case higher) from the 
rate that is set out in a member 's Schedule of Concessions is inconsiste nt with Article II of the 
GATT 1994.  
 
Question:   
 
3. Could Albania please confirm on what basis would customs authorities decide to apply the 
same customs duties to all cargo? What is the threshold for administrative burden?  
 
Answer:  
 
Under Albanian Customs C ode, Article  161 of Law No. 102/2014, in case there is a request by the 
importer, Albania applies the same customs duties to all the cargo, with the tariff subheading of 
the goods, which has the highest tariff customs duty on import. This practice is only processed 
upon importer 's request and consent. This is not a mandatory requirement and is intended only to 
provide an option to economic operators if the administrative burden may result high.  
 
There is no threshold for administrative burden. However, the Customs authorities may refuse to 
use this simplification for goods that are subject to prohibitions or restrictions or excise duty, in 
those cases when the correct classification is required to implement such measurements.  
 WT/TPR/M/337/Add.1  
 
- 26 - 
 
  Question:  
 
4. Is Albania consideri ng changes to this to bring it into compliance with its WTO 
commitments?   
 
Answer:  
 
There is no binding procedure or legal requirement forcing the economic operators to pay for a 
higher tariff. As explained above this his practice is only processed upon i mporter 's request and 
consent. This practice is intended only to provide an option to economic operators if the 
administrative burden may result high.  WT/TPR/M/337/Add.1  
 
- 27 - 
 
  ARGENTINA  
Questions on the Secretariat Report (WT/TPR/S/337)  
 
Question:  
 
Paragraph 1.4 mentions that the  authorities intend to reduce public debt below 60% of GDP by 
2018. Could Albania indicate what the specific measures are to reduce the public debt?  
 
Answer:  
 
Fiscal policy in the medium term will be strictly oriented toward fiscal consolidation. We commit  to 
continuing with fiscal consolidation in order to reduce debt -related vulnerabilities which hamper 
growth and cause macroeconomic instability. In line with the actual program me we have with the 
IMF, we intend to pursue a steady pace of fiscal consolidat ion based on a sound strategy of 
broadening the tax base and strengthening tax administration and compliance, with the goal of 
lowering the public debt -to-GDP ratio to below 64 percent by 2018, from around 72.6 percent 
expected for end -2015.  
For 2016 alone , a considerable adjustment compared to 2015 will come through the expenditures 
for arrears ' payment. On the revenue side, although in the medium term fiscal framework we 
project a constant baseline level of total revenues as a ration of GDP at 27.3% in li ne with IMF 
projections, specific measures include:  
 broadening the tax base for the existing property tax and for social contributions by 
the self-employed ; 
 introducing a registration fee and an annual circulation tax on luxury cars; and  
 improving the desi gn of current taxes (for example, quantity -based taxes will replace 
ad valorem ones on non -metallic minerals and hotel stays).   
Question:  
 
Paragraphs 2.14 and subsequent mention the 2014 -2020 "Business and Investment Development 
Strategy ", whose main purpo se is the integration of Albania into the European Union in the mid -
term. Could Albania state what measures were taken to promote investment and indicate their 
results?  
 
Answer:  
 
Aiming to improve the country image and  to promote investment,  AIDA has unde rtaken  measures: 
Promotional campaign focused in the 4 main priority sectors defined by the New law on "Strategic 
Investments "such as:  
 
(i) Energy and mining; Transport,  
(ii) Telecommunications, infrastructure and urban waste;  
(iii) Tourism;  
(iv) Agriculture and fisheries . 
 
Through the implementation of the law on strategic investments, AIDA as "one stop shop " provides 
expedited assistance and procedure to strategic investors, in accordance with legal specifications.  
 
Preparation of informative brochures packages for busin ess environment, including legal 
framework and investment opportunities for the main sectors.  
 
Preparation of advertising spots in print media.  
 
Promotion of Economic zones and Priority Development Areas that have impact on the Albanian 
economy viewed as r eal opportunities for the opening of new jobs  
 WT/TPR/M/337/Add.1  
 
- 28 - 
 
  Aiming to improve the country image, AIDA in collaboration with MEDTE & PM 's office has 
undertaken an initiative called "Investment Road Show ". Under this initiative, a structured 
calendar of promotional event s has been implemented in different countries such as Italy, Austria, 
Germany, Czech Republic, China, Hong Kong  - China , etc. 
 
Identification of potential targeted investors to attract. Establishing a database of potential 
investors by sectors and country of origin.  
 
Participation in Trade Fairs, conferences and other promotional activities, aiming the promotion of 
the potential opportunities that Albania offers for investments.  
 
AIDA is working on strengthening cooperation with our network of representativ e offices in the 
targeted countries, such as foreign embassies, economic attaché, honorary consuls and 
corresponding agencies abroad.  
 
Aida has signed MoU s with counterpart agencies around the world.  
 
AIDA is collaborating with other IPA -s in the region i n order to increase foreign investments, etc.  
 
Question:  
 
In paragraph 2.31 the objectives of the Foreign Direct Investment (FDI) are mentioned in the 
context of the "Business and Investment Development Strategy ". In this sense, it highlights the 
creation of an Investment -Promotion Agency (AIDA), which among other functions is authorized to 
negotiate incentives for investors.  
 
Could Albania elaborate on future measures to be taken, the sectors to be prioritized and the 
incentives to be granted within this f ramework?  
 
Answer:  
 
The new Law No. 55/2015 on Strategic Investments in the Republic of Albania gives the maximum 
legal guarantees for foreign investors.  
This law is founded on two main elements: increasing contractual and judicial security of foreign 
and domestic entrepreneurship and the adoption of "fast track " procedures. This law encourages 
and supports domestic and foreign investments in sectors such as energy, mining, transport and 
infrastructure, telecommunications, tourism, agriculture, technology and economic development 
areas and priority development areas.  
The Strategic Investments Committee, headed by the Prime Minister, is the compentet authority 
for giving the strategic status to investment projects. The Albanian Investment Development 
Agency  (AIDA) is the responsible administrative structure for providing services to strategic 
investors in a "unique window ". AIDA performs the role of the assisting agent, and follows all the 
follows all the administrative procedures until the realization of th e investment project.  
There are two kind of procedures:  
 "Assisted procedure "  
 "Special procedure " 
Following the approval of the strategic investor status of assisted procedure, the investor may 
benefit the following services:  WT/TPR/M/337/Add.1  
 
- 29 - 
 
   
- an accelerated procedure fo r their preliminary actions, preparation of documents, and 
administrative application:  
- priority treatment in preparation of the documentation, collection of opinions, or 
following of the procedures involved in the area of activity of the bodies of the stat e 
administration for realizing a strategic investment;  
- acts in relation with land consolidation;  
- support program mes; 
- support infrastructure;  
- access to immovable state properties for developing and realizing strategic investment 
projects.  
Following the appr oval of the strategic investor status of special procedure, the investor may 
benefit the following  
….in addition to what he benefits in the case of an assisted procedure:  
- expropriation of privately owned immovable properties, in case of failure of the 
strategic investor to reach successful negotiations with the private owners;  
approval by the Assembly of any contracts relevant to the strategic investment.  Pursuant to the 
above mentioned law, every investing entity, private local or foreign legal person hav e the right to 
demand inclusion of an investment project in the administrative procedures of strategic 
investments, in order to receive the status of "Strategic investment/investor, assisted procedure " 
or "Strategic investment/investor, special procedure ". 
AIDA initially estimates whether the submitted project is related to the strategic sectors or 
subsectors, and whether it meets the minimal amounts of investment foreseen in the law. 
Amongst the documentation that shall be submitted by the investing entiti es, for the 
implementation of the strategic project/investment they have also the right to submit the list of all 
the measures, incentives and support services the investor is applying for and claiming from the 
Albanian State in order to execute the invest ment project.  
The concrete results of this new legal initiative are expected to be materialized during this year.  
The Ministry responsible for the economy monitors AIDA 's role as a "Single Window ", in the 
framework of the functional tasks of the provision  of services to the investor under this law as well 
as indicators of the quality of services provided by the Agency.  
Question:  
 
Paragraph 3.77 refers to food products containing genetically modified organisms (GMOs) and 
allows for the import of food produc ts containing GMOs, subject to a risk assessment and 
authorization by the Ministry of Agriculture.  Could Albania explain what the risk assessment 
consists of?  
 
Answer:  
 
The law on food had foreseen the provisions for placing on the market in the Republic o f Albania of 
food containing or composed GMOs. These provisions are for domestic production and for imported 
food. The risk assessment is only for domestic production of food containing or composed GMOs. 
For the imported food containing or composed GMOs  Albania is in the process of drafting the 
Ordinance of Minister of Agriculture, Rural Development and Water Administration related to 
conditions and procedures for authorization of this category of food.  
 WT/TPR/M/337/Add.1  
 
- 30 - 
 
  TURKEY  
Questions on the Secretariat Report (WT/TPR/S /337)  
 
2.2 Trade Policy Objectives, pp. 22, para. 2.14  
 
It is mentioned in the report that "A 'Business and Investment Development Strategy 2014 -2020' 
was approved by the Decree of the Council of Ministers No. 635, dated 1 October 2014. This 
document assig ns two main strategic objectives, notably productivity growth and competitiveness, 
and describes the means necessary to achieve those goals, in particular the dynamic development 
of enterprises, the promotion of investments, and a better utilization of nat ural, human and 
financial resources. It also sets some quantitative targets. This business and investment strategy 
is itself part of the wider national development and integration strategy, the main aim of which is 
Albania 's medium term integration within the European Union. The business and investment 
strategy is therefore aligned with the EU industrial policy as reflected by the 'Europe 2020 ' 
document and its regional offshoot, the South East Europe 2020 strategy (SEE 2020). " 
 
Could Albania kindly provide  further information about the above mentioned quantitative targets? 
Are there any targets determined for the export and import value in 2020 under this strategy?  
 
Answer:  
 
SEE 2020 Strategy: 2020 Headline Targets for Individual Countries  
  
  2020  2020  2020 2020  2020  2020  2020  
ALB BiH CRO KOS*  MKD MNE SER 
Overall Strategic Goals         
1. GDP per capita relative to 
the EU average (in PPS), % of 
EU-27 average  38 38 68 (27)a 43 51 41 
2. Total trade in goods and 
services (EUR million)  17,500  24,500  80,000  6,000  15,500  6,000  60,000  
3. Trade balance (% of GDP)  -14.3 -20.2 -3.3 -17.8 -17.2 -24.0 -14.0 
Integrated Growth         
4. Intra -regional trade in goods  
(EUR million)  1,150  7,100  6,200  (2,000)a 2,700  1,200  10,150  
5. Overall FDI inflows (EUR 
million)  2,200  500 1,500  800 600 700 2,500  
Smart Growth         
6. GDP per person employed 
(EUR at PPS)  24,000  40,200  52,000  (20,200)a) 35,000  37,000  34,000  
7. Number of highly qualified 
persons in the workforce  260,000  255,000  605,000  n.a. 204,000  68,000  655,000  
Sustainable Growth         
8. Net enterprise creation (new 
businesses per year)  2,500  2,300  9,300  170 9,700  520 11,660  
9. Exports of goods and 
services per capita (EUR)  2,900  (2,600)a 9,000  (1,200)a 3,300  (3,950)a 3,850  
Inclusive Growth         
10. Ove rall employment rate, 
% of the 15+ population  54.3 33.9 47.5 (45.8)a 43.6 49.6 43.8 
Governance for Growth         
11.Government's effectiveness, 
World Bank Governance Index  2.7 2.1 3.7 2.3 2.8 3.1 2.9 
 
*   This designation is without prejudice to positio ns on status, and is in line with UNSCR 1244 and the 
ICJ Opinion on the Kosovo declaration of independence.  
 
a Numbers in brackets refer to values which were not available ( n.a.) at the time original SEE 2020 
targets were adopted.  
 WT/TPR/M/337/Add.1  
 
- 31 - 
 
  2.3.2 Regional and Prefe rential Agreements p age 25 
 
Question:  
 
Could Albania provide information on whether it has any preferential trade agreements in services 
and/or Albania 's FTAs include any chapter/section regarding trade in services? If yes, with which 
countries?  
 
Answer : 
 
Albania has no preferential trade agreement in services. However, some of the FTAs in force 
provide articles on services trade.  
Thus, Articles 27 -29 of CEFTA provide for the commitments of the Parties to enter the negotiations 
liberalize trade in services . Currently, Albania is negotiating within CEFTA to liberalize trade in 
services. The negotiations are still ongoing.  
SAA with EU provides for opening of the services market through the process of legislative 
transposition and harmonization. The agreement does not provide for a schedule of commitments 
as this agreement is an economic integration agreement rather than a traditional FTA.   
FTAs with Turkey and EFTA States do  not provide any schedule of commitments except articles for 
trade in s ervices.  
3.1.4. 2 Trade Policies By Measure – Measures Directly Affecting Imports – Tariffs – 
Tariff Bindings, pg. 37, para. 3.29  
 
It is stated in the Report that, "Based on the 2015 tariff schedule provided by the authorities and 
Albania 's bound tariff schedule, applied MFN rates for some tariff lines exceed their corresponding 
bound rates; according to the authorities, Albania will rectify this situation in the near future. " 
 
Question:  
 
Could Albania clarify whether the instance of bound rates ' exceeding in some tariff l ines contain 
agricultural goods? If yes, could Albania please identify these goods in HS codes?  
 
Answer:  
 
There are no tariff lines for agricultural goods, for which the bound rate exceeds the tariff line.  
 
4.1.1 General features  pp 74, para. 4.1.  
 
It is m entioned in the report that "Agriculture continues to be an important economic activity for 
Albania. In 2014, around 48% of the population were employed in farms. The agriculture sector 
(including forestry and fishing) accounted for about 22.6% of GDP in 2 014." 
 
Question:  
 
Could Albania explain if there are any government plans to change the current structure of the 
economy and shift labour  force to other sectors and if yes, which sectors would be targeted?  
 
Answer : 
 
A qualified labour force that meets the needs of the labour market and a broader inclusion of all 
social and gender groups is a driving engine for the economic development and improvement of 
the social welfare of the country. The mismatch between skills demand and supply; and working 
conditions related to the Occupational Safety and Health (OSH) practices constitute other obstacles 
to employment. The level of job creation in Albania does not keep pace with the high number of 
jobseekers, including first labour market entrants and young people.  
 WT/TPR/M/337/Add.1  
 
- 32 - 
 
  The progress made recently to strengthen Vocational Education and Training (VET) institutions 
needs to be fully matched with increasing quality and relevance of educational outcomes for the 
labour market.  
 
Under the National Employment and Skills Strategy ( NESS) 2014 -2020, assessment and 
rationalization of public VET providers and the adaptation of the training offer to the needs of the 
labour market is considered as a key priority. To narrow the gap in skills demand and supply, a 
Skill Need Analysis study w ill assess private sector needs for employer qualifications and 
vocational training. The results will feed into devising new curricula and opening new education 
programmes.  
 
On the other hand, institutional changes in the VET system aim at better linkages with the labour 
market and will be followed in 2016 by the introduction of an apprenticeship system whereby 
students spend at least 30% of their classes at local businesses.  
 
The Government has introduced during 2015 a series of new or improved employment  promotion 
programmes, in particular active labour market measures to be implemented and evaluated during 
2016, together with the new law on "unemployed jobseekers " and other legislative measures.  
 
The strategic sectors in this regard encompass tourism, ag ro-processing, hydrocarbon and gas 
distribution, etc.  
 
4.1.1 General features  pp 74, para.  4.1. 
 
According to the Secretariat report, "Livestock (mainly cattle, sheep and goats) accounted for 
50.5% of total agricultural production (around lek 94.1 billion )." 
 
Question:   
 
Could Albania elaborate on the types and amounts of support its livestock producers and exporters 
receive?  
 
Answer : 
 
The following table shows the support to livestock sector:  
 
 Value in EUR  
Description  2014  2015  
Payments for milk delive ry for the livestock farms, breeding cows  65,896  285,746  
Support for farms breeding more than 10 cows  344,855  - 
Matriculated/Identified sheep/goats  1,601,340  3,337,019  
Bee keeping  143,352  406,946  
Cows with semi -pasture regime (2014)   78,628  
TOTAL  2,155,443  4,108,340  
 
There are no support schemes for export.  
4.1.3 Border and Related Measures, pp.76, para. 4.9  
It is mentioned in the report that "In 2015, in value terms, top exporters of agricultural and food 
products to Albania included Italy, Greece, a nd Serbia (Table 4.2). " 
 
Question:  
 
Could Albania confirm this information? Are these countries top importers  of agricultural and food 
products to Albania? The given information refers to the year as 2015; however the numbers in 
Table 4.2 corresponds to th e year 2014. Is this information also valid for 2015?  WT/TPR/M/337/Add.1  
 
- 33 - 
 
  Answer:  
 
Exports of agricultural products by main trading partners, 2015  
 
Product descriptions  Value of 
Exports  
(US$ 
million)  Main trading partners  
Principal  Second  Third  
Total agriculture  128.8  Kosovo (14.7%)  Italy (13.9%)  Germany (12.5%)  
Oil seeds and oleaginous 
fruits; miscellaneous 
grains, seeds and fruit; 
industrial or medicinal 
plants; straw and 
fodder(chapter 12 of HS)  32.5 Germany (27.7%)  USA (30.3%)  Turkey (9.9%)  
Edible vegetables and 
certain roots and 
tubers(chapter 07 of HS)  32.7 Serbia (23.5%)  Kosovo (18.2%)  Bulgaria (11.8%)  
Edible fruit and nuts; 
peel of citrus fruit or 
melons(chapter 08 of 
HS) 16.6 Italy (32.3%)  Kosovo (30.7%)  Serbia (6.8%)  
Raw hides and skins 
(other than fur skins ) 
and leather  (chapter 41 
of HS)  6.4 Italy (73.5%)  Bosnia Herzegovina 
(21.1%)  Turkey (6.2%)  
Preparations of 
vegetables, fruit, nuts or 
other parts of 
plants(chapter 20 of HS)  7.0 Greece (90.9%)  Kosovo (6.7%)  Montenegro (0.8%)   
 
Imports of agricultural pro ducts by main trading partners, 2015  
Product descriptions a Value of 
imports  
(US$ million)  Main trading partners  
Principal  Second  Third  
Total agriculture  785.8  Italy (17.3%)  Greece (12.7%)  Russian 
Federation (7.6%)  
Cereals (chapter 10 of 
HS) 117.2  Russian Federation 
(50.6%)  Serbia (22.4%)  France (3.6%)  
Preparations of cereals, 
flour, starch or milk; 
pastry cooks ' products 
chapter 11 of HS)  20.8 Kosovo (23.3%)  Serbia (23.2%)  Croatia (13.3%)  
Edible fruit and nuts; peel 
of citrus fruit or 
melons(chapte r 08 of HS)  52.6 Ecuador (31.7%)  Greece (26.6%)  Italy (19.2%)  
Meat and edible meat 
offal (chapter 02 of HS)  68.8 Brazil (25.2%)  USA (20.4%)  Italy (16.4%)  
Beverages, spirits and 
vinegar (chapter 22 of 
HS) 81.5 Italy (28.1%)  Austria (17.8%)  Greece (11.0%)  
Animal or vegetable fats 
and oils and their 
cleavage products; 
prepared edible fats; 
animal or vegetable 
waxes (chapter 15 of HS)  51.9 Macedonia (19.5%)  Ukraine (18.1%)  Hungary (14.2%)  
Sugars and sugar 
confectionery (chapter 17 
of HS)  36.1 Brazil (48.2%)  Algeria (19.6%)  Serbia (11.2%)  
Live animals (chapter 
01of HS)  28.2 Greece (53.2%)  Romania 
(17.4%)  Hungary(8.5%)  
Coffee, tea, maté and 
spices (chapter 09 of HS)  31.7 Italy (40.6%)  Brazil (19.5%)  India (14.1%)  
Miscellaneous edible 
preparations (chapter 2 1 
of HS)  43.5 Italy (21.2%)  Poland (12.8%)  Turkey (11.9%)  
 WT/TPR/M/337/Add.1  
 
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  Questions on the Government Report (WT/TPR/G/337)  
1.  Introduction, pg. 5, para. 2.5  
 
It is stated in the Government Report that, "The current deficit showed a narrowing trend in the 
first half of  2015. The widening of domestic savings, mostly private, was the main contributor to 
the correction of the current deficit. " 
 
Question:  
 
Could Albania kindly provide information if there are any policies implemented by the government 
to increase the privat e sector savings?   
 
Answer:  
 
Albania applies no specific policies to increase private sector savings  
 
2.3.1 Doing Business reform, pg. 9, para. 2.23  
 
Paragraph 2.23 of the Government Report states that "…an Inter -institutional high level Working 
Group, cha ired by the Minister of Economic Development, Tourism, Trade and Entrepreneurship 
was established to implement the reforms and constantly monitor the results. " In addition, it is 
indicated in paragraph 2.30. of the same Report that, "The National Economic Council was 
established as a single advice/consultative structure and forum, and its Secretariat is headed by 
the private sector. " On the other hand, the Investment Council was created on 8 April 2015, as 
mentioned in paragraph 2.13 of the Secretariat Repo rt. 
 
Question:  
 
Could Albania kindly provide more information about the correlation between these different 
bodies, and the structures of decision making and monitoring of these platforms?  
 
Answer:  
 
These structures have different scope of work. None of t hem has a legally binding decision making 
power. There is no direct correlation between these structures as their scope of work and target 
group differ. The National Economic Councils  and Investment Council  have members from private 
sector and business ass ociations and the main state institutions. The Inter-institutional high level 
Working Group, chaired by the Minister of Economic Development, Tourism, Trade and 
Entrepreneurship on ease of doing business is a public structure, with members from public 
institutions only.  
 
The objective of these institutions, with some differences though, aims to improve business 
climate, provide the opportunity to consult and discuss the main policy agenda to ensure 
sustainable growth, increase competitiveness and improve co nditions for foreign investment.  
 
3.2.1.3 Standardization, pg. 12, para. 3.13  
 
It is stated in the Government Report that, "There is a good progress in the area of 
standardization since 2010. Many legislative changes occurred during 2010 -2015, focused on 
(i) Establishing and functioning of the Managing Board of General Directorate of Standardisation – 
A managing body composed by stakeholders in this field, (ii) extended responsibilities with regard 
to telecommunications as published by European Institution for Telecommunication Standards 
(ETSI), (iii) improving the processes related to public inquiry, adoption, notification and publication 
of Albanian Standards, etc. " 
 
Question:  
 
Could Albania kindly provide details about whether there are any marketing (e.g ., agricultural 
quality) standard regulations concerning agricultural products? If so, are these marketing 
standards based on international standards such as those developed under the United Nations 
Economic Commission for Europe?  WT/TPR/M/337/Add.1  
 
- 35 - 
 
  If marketing standards f or agricultural products exist within the Albanian system, which bodies are 
responsible for conducting controls at import stage?  
Answer:  
 
There are marketing standards concerning agricultural  products  published by DPS as 
Albanian  standards. These standards  are adoptions of European standards (ENs) published by 
European Committee for Standardization (CEN) and from  International Organization  for 
Standardization (ISO).  In the area of food quality standards are voluntary, except those affecting 
food safety aspe cts which are defined in specific legal acts.  
 
For the time being related to the marketing standards there is in place l aw on the production, 
denomination and marketing of olive oil based on the Council Regulation (EC) No. 29/2012 date 
January 13, 2012 "On marketing standards for olive oils " and the Council Regulation (EC) No. 
1234/2007 date 22 October 2007 "Establishing a common organization of agricultural markets and 
on specific provisions for certain  agricultural products (Single CMO Regulation) ". We ar e working 
on the respective implementing legal acts (Decision of Council of Ministers on olive oil 
characteristics based on the Council Regulation (EEC) No. 2568/91, date 11 July 1991 "on the 
characteristics of olive oil and olive -residue oil and on the re levant methods of analysis ", 
amended).  
  
Also there are in place the following:  
 
 DCM2 No. 87 of 30 January 2013  on the determining of the requirements for the marketing, 
certification and testing of fodder plant seeds.  
 
 DCM No. 86 of 30 January 2013 on the  determining of the requirements for the marketing, 
certification and testing varieties of cereals seeds.  
  
 DCM No. 409 of 8.05.2013 on the determining of the  requirements for the marketing and the 
certification of material for the vegetative propagation of  the vine.  
 
 DCM No. 530 of 13 June 2013  on the determining of the  requirements for the marketing and 
the certification  of planting and propagating material of vegetable, other than seed . 
 
 DCM No. 240 of 27 March 2013  on the determining of the  requirements for the marketing and 
certification of propagating material and the young plant of fruit trees plants.  
  
 DCM No. 309 of 21 May 2014  on the determining of the  requirements for the marketing and 
certification and testing of beet seed.  
 
 DCM No. 332 of 18 Apri l 2013  on the determining of the requirements for the marketing and 
the certification of vegetable seed.  
  
 DCM No. 574 of 24 June 2 015 on the marketing of seed potatoes.  
 
All the above acts are based on the respective EU directives.  
 
The body responsible f or conducting controls at import stage is the National Food Authority.   
Other questions:  
 
Could Albania kindly provide detailed information whether there are any limitations on 
broadcasting of foreign film and TV program mes? 
 
Answer:  
 
Albania does not appl y any limitation on broadcasting of foreign film and TV program mes. 
However, there are requirements with regard to the protection of public moral that apply on a non -
discriminatory manner to the broadcasting of foreign and national films and TV program mes. 
                                                
2 DCM stands for Decisi on of Council of Ministers.  WT/TPR/M/337/Add.1  
 
- 36 - 
 
   
Question:   
 
Could Albania kindly explain if there are legal or de facto restraints on advertisements and 
investments of foreign health institutions?  
 
Answer:  
 
Albania does not apply any legal or de facto  restrictions on advertisement and investments of 
foreign health institutions. However, on the domestic legislation there are some technical 
requirements to be fulfilled by the foreign health institutions, in order to operate in the Albanian 
market . In this context, licensing of a foreign health institutio n under Mode 3 of supply 
(Commercial presence), is done only if  the health care provider is in possession of an equivalent 
diploma, recognized by the Albanian Ministry of Education and Sport.  
 WT/TPR/M/337/Add.1  
 
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  CHINA  
Questions on the Secretariat Report (WT/TPR/S/337)  
Page  8, Para 19  
Since Albania 's previous review, there have been no major changes to legislation concerning the 
provision of incentives. The law forbids aid directly linked to export quantities or current 
expenditure linked to export activities, as well as aid  contingent upon the use of domestic over 
imported goods. Special provisions apply for small and medium -sized enterprises. Competition 
policy is regulated by the law on competition protection, as amended in September 2010. The 
authorities state that the am endment is in line with EU legislation, although certain differences 
remain.  
Question  1: 
Please introduce the purpose, effect and impact of this Competition policy. And please explain 
whether the policy also covers possible post -aid investment projects?  
Answer : 
The overall goal of the Competition Policy is to maintain the competition process and ensure 
effective competition in the market. Maintained or ensured effective competition is indispensable 
given the restrictions competition may suffer from the priv ate or public sectors. Therefore, the 
Competition Law prohibits price fixing deals, abuse of dominant position and concentrations that 
pose the risk of creating a dominant position in the market  
The achievement of the overall goal is a condition for the ac hievement of the society 's economic 
wellbeing. Through its efforts for encouraging increased competitiveness, ensuring level ground for 
all market participants, promoting innovation, increasing consumer choices, improving the quality 
of goods and services and reaching a balance in the market, the Competition Policy becomes an 
important factor to the economic development of a country. The National Competition Policy takes 
into account the economic and social conditions and the competition culture in Albania.  As a result, 
in addition to its objectives, it underlines other objectives such as:  
 protect the freedom of economic activity of market participants;  
 reduce market entry barriers, in order to establish a friendly environment for the 
promotion of entrepre neurship and the growth of small and medium -sized enterprises;  
 foster fairness in business relations.  
The general public should be acquainted with the goal of competition protection and objectives of 
the institution that has been charged with the implemen tation of the relevant law. The 
development of the national competition policy also raises the awareness of protecting and 
fostering competition. The policy describes the principles contained in the Law, the advantages of 
implementing it, the policy to be pursued by the Competition Authority and the main principles to 
be observed by all market players, businesses and public institutions.  
Regarding possible state aid practices, there is a special sector nearby the Ministry of Economic 
Development, Tourism, T rade and Entrepreneurship, the State Aid Control Sector who is 
responsible for state aid schemes in Albania. The Albanian Competition Authority gives its opinion 
where this state aid schemes seems to create restrictions or distortion of competition rules i n the 
market, an ex -ante evaluation in potential state aid schemes.  
Page 17, Para 1.15  
1.15 Trade in services (exports + imports) increased by 7.3% in 2014 (Table 1.4). Exports of 
services accounted for around 66.8% of total exports of goods and services in 2014, while services 
imports were 33.1% of total imports. Albania maintained a surplus in the balance of trade in WT/TPR/M/337/Add.1  
 
- 38 - 
 
  services during the period under review; this surplus reached €323 million in 2014, equivalent to 
around 3.2% of GDP, mainly on account of a higher surplus in travel.  
Question  2: 
Does Albania disclose the statistics of import and consumption of Traditional Chinese Medicine? If 
so, where can we obtain the statistics?  
Answer:  
Medicaments from China, 2015 (3003 and 3004 HS codes)  
  Quantity (kg ) Value (ALL)  
Medicaments            95,219       95,479,843  
 
Page 25, Para 2.23  
Albania has not extended its network of free trade agreements since the last TPR report in March 
2010 and...  
Question : 
What are Albania 's commitments to opening the environme ntal service market in its bilateral free 
trade agreements?  
Answer:  
Albania has no specific commitment to open the environmental service market in its bilateral free 
trade agreements. However, Albania is negotiating within CEFTA to liberalize trade in serv ices and 
environmental services are part of these negotiations . 
Page 26, Para 2.29  
2.29 In the context of the approximation and pre -accession processes, the EU is closely monitoring 
not only political and macro -economic developments in Albania but also the  future ability of the 
country to take on the obligations of membership in the following areas: free movement of goods 
(including standardization, conformity assessment, accreditation, metrology, market surveillance); 
free movement of workers; coordination  of social security systems; right of establishment and 
freedom to provide services (including mutual recognition of qualifications); free movement of 
capital (including modernization of payments systems and fight against money laundering); public 
procurem ent; company law; intellectual property law; competition policy; state aids; information 
society and media policy; agricultural policy; food safety, veterinary and phyto -sanitary policy; 
fisheries; transport policy; energy; taxation; statistics; social pol icy and employment; enterprise 
and industrial policy principles; trans -European networks; environment; consumer and health 
protection; and customs union  
Question 4 .1 
In the processes of approximation and pre -accession to the EU, does Albania have a timetab le for 
implementing EU 's 'Directive of Traditional Herbal Medicinal Products '? 
Answer :  
Albania does not have a timetable for implementation of EU directive of Traditional Herbal 
Medicinal Product . WT/TPR/M/337/Add.1  
 
- 39 - 
 
  Question 4 .2: 
 
What impact does EU 's monitoring have on Al bania 's environmental policy is in the pr ocess of pre -
acceding to the EU ? 
 
Answer : 
According to the SAA, Albania has established the National Plan towards European Integration, 
which serves as a tool/mechanism for monitoring the legislation framework and i ts implementation 
in the frame of SAA (Stabilization and Approximation Agreement)  
Question 4 .3: 
In this context, are there any adjustments or changes to Albania 's trade -related environmental 
policy? If yes, what are the specific adjustments and changes?  
Answer : 
Under Article 30 of Law No. 8.449/1999, "Goods for which production involves more than one 
country shall be deemed to originate in the country where they underwent their last substantial, 
economically justified processing or working in an undertaking  equipped for that purpose and 
resulting in the manufacture of a new product or representing an important stage of manufacture . 
Page 26, Para 2.31  
2.31 Many of the issues underlined by those rankings (notably the enforcement of law and of 
contracts, the gr anting of property titles, and the size of the informal economy) have been 
acknowledged by the Albanian authorities and integrated in the Business and Investment 
Development Strategy for 2014 -2020, which has been partially described above. The objectives 
spelt out in this strategy for Foreign Direct Investment (FDI) are to maintain a high level of FDI for 
the next seven years; to achieve long -term sustainability of investment by promoting 
reinvestment and expansion of existing investments; to increase the s hare of greenfield and 
export -oriented investments; and to increase the share of value -added and high -tech investment. 
To this effect the investment -promotion agency (AIDA – Albanian Investment Development 
Agency) will serve as a one -stop shop for FDI (exc ept for registration), and will cover all stages of 
investments, i.e. pre -investment (information dissemination, sector studies and analysis, 
investment assessment, partner match -up, assistance -to-investor visit), investment per se 
(assistance to investmen t start -up and locating procedures) and post investment (assistance for 
operational problems). It will also be empowered to negotiate specific incentives for investors.  
Page 28, Para 2.46  
2.46 The law stipulates that Concessions/PPPs may be awarded for the  realization of works and/or 
provision of services in and for the following sectors and purposes:  
…. 
a. Health;  …. 
c.  Production and distribution of water, treatment, collection distribution and administration of 
waste water, irrigation, drainage, cleaning o f canals and dams;  
d.  Waste management, including their collection, transfer, treatment and disposal; …  
Question 5 .1: 
What position does the investment in trade in services of traditional Chinese medicine (TCM) hold 
in Albania 's FDI strategy? Is investmen t in the sector entitled to any award according to the law?  WT/TPR/M/337/Add.1  
 
- 40 - 
 
  Answer : 
There is no specific position of the investment in trade in services of traditional Chinese medicine 
neither in the Albania 's FDI strategy nor in any specific law.  
Question 5 .2: 
What are the market access limitations for investment in Albania 's environmental services field?  
Answer : 
There are no market access limitations for investment in Albania 's environmental services field.   
Question 5 .3: 
Since concessions in Fields c and d are mentione d in the above laws, are there any restrictions on 
foreign investment?  
Answer : 
There are no restrictions, but always investment is to be done in accordance with the 
environmental laws and the legal framework of the republic of Albania  
Question 5 .4: 
Is foreign capital allowed to enter f ields c and d by way of PPP?  
Answer : 
There are no restrictions for the foreign capital i n the fields c and d by the way  of PPPs.  
Page 32, Para 3.5  
3.5. Data provided by the authorities indicate that in 2014 average release ti me for imports per 
consignment was about 21.5 hours for sea cargos (compared to 18.9 hours in 2010), 4.3 hours for 
air cargos (10.1 hours in 2010), and 2.3 hours for cargos by road transport (4.1 hours in 2010).  
Question 6 ： 
Does Albania publish the average  release time regularly?  
Please explain the way of measuring the average release time and the time spent in each link.  
Answer : 
The Albanian custom does not publish the average time release on regular basis. Based on the 
customs system the way of measuring  the time release average is done based on the time that the 
SAD is registered and the time it is accepted by the custom authorities .  
Other Questions  
Question 7 : 
At present, Chinese business people are often encountered with problems such as long work vis a 
processing cycle and unreasonable airport customs interrogation and examination, which to some 
extents have affected the enthusiasm of Chinese enterprises to conduct economic and trade 
cooperation with Albania.    WT/TPR/M/337/Add.1  
 
- 41 - 
 
  What concrete measures is Albania going to take to further promote trade and investment 
facilitation and create necessary conditions for Chinese enterprises to carry out normal business 
activities?  
Answer : 
The entry, temporary stay and work permit are governed by the law on Foreigners and the ru les 
set forth in the respective legislation. Albania is very committed to create favourable  conditions to 
all foreign investors in a non -discriminatory manner, though assisted procedures for strategic 
investors are defined in the law on strategic investor 's. Despite the sectors, all investors are 
treated by state institutions equally and if there are cases of concern Albania remains very 
committed to solve them.  
 WT/TPR/M/337/Add.1  
 
- 42 - 
 
  THAILAND  
 
Question s on the Secretariat Report (WT/TPR/S/337)  
 
 
2. TRADE AND INVESTMENT REGIME  
 
Page 30 (paragraph 2.5 1) 
  
Question 1 :  
 
According to Law 7764, of 2 November 1993, providing the dispute settlement procedure between 
a foreign investor and a private Albanian party, state enterprise or public administration, the 
report indicates that "in case any provision of Law 7764/1993 is not conformity with international 
agreements ratified by Albania, the latter will prevail to the extent that they provide greater rights 
or protection for foreign investors ". 
 
What are the greater rights or protecti on for foreign investors that can be extended from such 
international agreements? Please elaborate  more  and provide examples ? 
 
Answer : 
 
Law No. 7764, dated 02.11.1993 "For Foreign Investments " is amended but the provisions 
of Article 2 have not changed. Ar ticle 2 of the law No. 7764, dated 2 November 1993 "For Foreign 
Investments " stipulates that: Permission and treatment  
1. Foreign investments in the Republic of Albania are not conditioned upon prior authorization. 
They are permitted and treated based on cond itions not less favourable  than those afforded 
to domestic investments in similar circumstances, except land ownership, which is regulated 
by special law.  
2. In all cases and at any time, investments have an equal and impartial treatment and enjoy 
complete pr otection and security.  
3. In any case, foreign investments have treatment not less favourable  than the one provided 
by generally accepted norms of international law.  
In the case a Bilateral Investment Treaty (BIT) is in force and provides a more favourable  
treatment than it prevails from the provisions of the law.  
3. TRADE POLICIES AND PRACTICES BY MEASURE  
 
Page 31 (paragraph 3.3)  
  
Question 2 :  
 
Paragraph 3.3 provides that "Since 2010, there have been no changes to specific circumstances 
where importers must be registered to clear customs. " (footnote omitted).  
 
Please clarify what specific circumstances are and what kind of imported goods would fall under 
such circumstances? What are the criteria to consider a request for registration? Could the request 
for re gistration be rejected by Albanian authorities?  
 
Answer : 
 
With regard to the registration of the importer and granting of the juridical personality, according 
to the definitions of the Article  22, of the Law No . 9723 date d 3 May 2007 "On National 
Registrat ion Centre (NRC) ", the subjects obliged to register with the Commercial Register are: a. 
Physical persons exercising a commercial economic activity; b. Simple partnerships provided by 
the Civil Code; c. Commercial Companies d. Branches and representation o ffices of foreign WT/TPR/M/337/Add.1  
 
- 43 - 
 
  companies; e. Savings and Credit Companies and Unions; f. Cooperation Companies; g. Any other 
entity subject to registration in accordance with the Albanian law.  
By means of registration with the Register, subjects are given an identifica tion number, which is 
electronically generated by NBC, and is unique for each of the registered subjects. The registration 
of the subjects within the Register constitutes also the simultaneous registration with the tax 
authorities, social and health insura nce scheme and by the employment inspectorate. The Unique 
Identification Number is used in every correspondence with third parties.  
Albanian customs legislation does not contain a general requirement for importers or exporters to 
be registered. The Unique Identification Number, issued by NRC, is extracted automatically by 
customs administration to perform customs clearance procedures. In the case of goods where 
safety, health or security requirements are to be met (i.e. import or export of live animals, foo d 
and foodstuff, medicines, dynamite, and fireworks, dual use goods) in which a licence, permit or 
authorizations, as defined in the national legislation, may be required, the licence, permit or 
authorisation is registered in customs to support the customs  clearance procedures. Goods can be 
rejected in import or export only if safely or health requirements fail to be met.  
Page 58 (paragraph 3.111)  
  
Question 3 : 
 
What are the criteria of determining and calculating new sanction (fine), 10% of turnover instea d 
2% of  turnover  in Competition law?  Can this sanction apply to all practices infringing Competition 
law? How to calculate the fine?   
 
Answer:  
 
According the Law No. 9121, date d 28 July 2003 "On Competition Protection "(as amended) are 
foreseen two articles  regarding fines for infringements of competition law and also there is a 
specific article regarding the valuation of the fine.  
 
The fine is imposed according to the infringement of the competition law that the undertakings has 
conducted. Regarding the am ount of fine, there are two articles in the law according the 
percentage of the fines that can be imposed to the undertakings when they infringe the 
competition provisions.  
 
There are two levels of fine, fine for serious infringements where the Commission may impose to 
undertakings or associations of undertakings fines not exceeding 10 percent of their aggregate 
turnover in the previous financial year and also fines for not serious infringement where the 
Commission, by decision, may impose on undertakings o r associations of undertakings fines not 
exceeding 1% of their aggregate turnover in the preceding business year3. 
 
The articles of the law, regarding the level of fines are fully approximated with the European law 
and with the new amendments of the law in  2010, the floor level of the fines of 2% has been 
abolished and now in force are only the ceiling levels of fine (up to 1% and up to 10% as mention 
above)  
 
Regarding Article 75 of the law Valuation of the fine " it is foreseen than in fixing the amount of  the 
fine, regard shall be had both to the gravity and to the duration of the infringement. When it is 
possible to calculate or estimate objectively the illegal profits of undertakings acquired infringing 
this Law, such a profit constitutes the minimal amo unt of fine.  
 
                                                
 3 When they provide incorrect, incomplete or misleading information in response to a Commission 
request or decision or do not provide the data within the deadlin e specified in the Commission decision or the 
Secretariat request; provide incorrect, incomplete or misleading information in their notifications regarding 
concentrations, or provide inaccurate and incomplete additional data and documents ;they produce the  
required books or other business records in incomplete form during inspections   or refuse to submit to 
inspections ordered by a decision; refuse to answer any questions on facts and  provide inaccurate, incomplete 
or fraudulent answers or obstruct the in spections ;they break the seal put by the officials of the Authority; do 
not notify a concentration within the deadline fixed in the law . WT/TPR/M/337/Add.1  
 
- 44 - 
 
  The Albanian Competition Authority has also approved secondary legislation regarding the 
methodology of calculating the fine. A regulation is approved "On fines and leniency from Fines " 
which is in accordance with the EU legislation (the EU notice on fines and methodology of 
calculating the fines), which helps the Competition Authority is the process of determine and 
calculating the amount of fine.  
 
__________