WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO WT/TPR/M/229/Add.1 
4 June 2010 
 (10-3091) 
Trade Policy Review Body 
28 and 30 April 2010 Original: English/Spanish 
 anglais/espagnol  inglés/español 
 
  
TRADE POLICY REVIEW 
ALBANIA 
Record of the Meeting
 
Addendum  
Chairperson:  H.E. Mr. Bozkurt Aran (Turkey) 
 
 This document contains the advance writte n questions, and replies provided by Albania.1 
__________________________________________________________________________________ 
 
Organe d'examen des politiques commerciales 
28 et 30 avril 2010  
EXAMEN DES POLITIQUES COMMERCIALES 
ALBANIE 
Compte rendu de la réunion
 
Addendum  
Président:  S.E. M. Bozkurt Aran (Turquie)  
 
 Le présent document contient les questions écrites communiquées à l'avance et les réponses 
fournies par l'Albanie.1 
__________________________________________________________________________________ 
 
Órgano de Examen de las Políticas Comerciales 
28 y 30 de abril de 2010 
 
EXAMEN DE LAS POLÍTICAS COMERCIALES 
ALBANIA 
Acta de la reunión  
Addendum  
Presidente:  Excmo. Sr. Bozkurt Aran (Turquía) 
 
 En el presente documento figuran las pre guntas presentadas anticipadamente por escrito, 
junto con las respuestas facilitadas por Albania.1 
                                                      
1 In English and Spanish only./En anglais et espagnol seulement./En inglés y en español solamente.   WT/TPR/M/229/Add.1 
 Page 3 
 
 
  REPLIES PROVIDED BY ALBANIA  
TO ADVANCE WRITTEN QUESTIONS 
QUESTIONS FROM BRAZIL 
III. TRADE  POLICIES  AND  PRACTICES  BY MEASURE 
(4) M EASURE AFFECTING PRODUCTION AND TRADE   
(vi) Intellectual property rights (IPRs)  
Paragraph 184. 
 
Question 1  – In paragraph 184 of document WT/TPR/S/ 229 it is stated that "Most of Albania’s 
intellectual property laws were m odified during its process of accession to the WTO, or subsequently, 
to join some of the WIPO administered conventions . More recently, Albanian industrial property and 
copyright legislation has been amende d to conform to EU directives". 
 
The enforcement of TRIPS-Plus obligations in rel ation to IPRs may involve considerable financial 
burden, especially to developing countries. How has Albania coped with the cost of implementing EU 
directives in this matter?  
 
Answer
: 
 
Regarding the implementation of the TRIPS-Plus, Al bania in the above mentioned answer has given a 
general view of the development in the Intellect ual Property Rights focused in the legal background 
due to the fact of the accession to the WTO and to the Stabilization and Association Agreement as an 
obligation for our country.   
• The accession to the WTO as TRIPS which is part  of the Annex 1C s hould be part of the 
national legislation as a minimum requirement  in the enforcement of Intellectual Property 
Rights. This is strictly related to the Artic le 3 "National Treatment " and Article 4 "Most 
Favourite Nation" of the TRIPs agreement.  
• According to Article 39 of the Interim agreemen t (SAA Article 73) Albania shall take all the 
necessary measures in order to guarantee no later th an four (4) years after the date of entry 
into force of this Agreement a level of prot ection of intellectual, industrial and commercial 
property rights similar to that existing in the European Communities, including effective 
means of enforcing such rights. To ensure  this scope the Annex V provides a list of 
multilateral Conventions to which the EU Member  States are parties and which Albania aims 
at becoming a party to. 
• With regard to the implementation of the EU Directives as a part of Aquis Communitaire,  
they are also part of the Industrial Property la w. In this way the EU directives are considerate 
to be legal instruments for the harmonization of  the national law, the way of implementation 
of which should be established by the countri es. As example is the prolongation of the 
duration of protection for IP objects.  
• However, we are actually in the process of the implementation of the provisions of the TRIPS 
and the Directive 2004/48/EC of the European Parliament and of the Council, of 29 April 2004, "On the enforcement of intellectual property rights".  
• TRIPS-plus until now doesn’t have a definition but  if we will be in the ground of Free Trade 
Agreement (FTA)s usually they have a list of multilateral agreement or treaties (as the case of 
EU with Albania) which we can say is applicable. The implementation includes as a first step the establishing as a legal basis and as a second step the administrative capacity buildings. 
Albania has accomplished the first step in 2008 and now has begun to process the second step WT/TPR/M/229/Add.1 
Page 4  
 
  through the administrative capacity building. For this reason we can’t estimate the cost of the 
implementation of the EU directives in the IP enforcement.  
 
Paragraph 198.  
 Question 2  - In paragraph 198 of  document WT/TPR/S/229 it is stated  that "Under certain conditions, 
the Law allows courts to grant compulsory li censes to any person who prove himself capable of 
exploiting the invention subject of a patent granted in Albania".  
 
Brazil considers that this provision may be app lied in a manner supportive to developing countries’ 
right to make full use of the TRIPS flexibilities to  foster their economic and social development.  
In this regard, Brazil would like to know  
i) how this provision is being applied (concrete cases); and 
ii)  if the Albanian Government is consider ing its revision as a result of its process of 
  accession to the European Union.  
 
Answer
: 
 
To provide the answer to the second question we should be referring to the TRIPS Agreement and 
especially to the Article 31 and the amendment of Article 31 bis with the only scope the liberalization 
of the procedure for the implementation. Albani a has already notified the Law No. 9950 dated on 
10 July 2008 "On the accession of the Republic of Albania the amendment of TRIPS" and taking in 
account the actual conditions we can report as follows:  
• i) This provisions have not yet been impl emented because of the lack of related cases. 
• ii) Regarding the second question the amendment to the legislations have been made in 
compliance with the TRIPS Agreement. 
 
QUESTIONS FROM THE UNITED STATES 
 
Report by ALBANIA - WT/TPR/G/229 
 
Page 7, paragraphs 17-19:   The government report states that Albania has adopted the National 
Strategy for Development and Integration, whic h has a number of important objectives including 
"environmental protection and rational exploitation of natural resources".  Please provide additional 
information on steps taken to further this objectiv e as it relates to other listed objectives such as the 
growth of exports and promotion of competitiveness.   
 
Answer : 
Exploitation of natural resources - related to NSDI objectives and the exploitation of natural resources 
is regulated with sectorial laws and plans. 
 Wild flora and fauna
 in the light of the Regulatory Reform carried out in recent years is regulated 
through the planning process. There are a number of points to be mentioned there: 
• Wild fauna use is regulated by the legal frame work in this field which is actually being 
approximated with the EU legislation. So the planning of the hunting activity is programmed 
based on the inventory of the wild fauna popula tions from which only 10% can be planned for 
hunting. There are no differences on the hunting quotas for Albanian and foreign hunters so 
that the equal opportunities apply in this case; 
• For the species of wild fauna and flora subj ect to CITES Convention on International Trade 
on Endangered Species of Wild Fauna and Flor a - provisions of the Convention apply;  WT/TPR/M/229/Add.1 
 Page 5 
 
 
  • Protected Species of wild fauna and flora cannot be commercially used, but just for research 
purposes, provided that the permission from the authorized institution is granted.  
 
This way the objective for the conservation and sustainable use of biodiversity is ensured. 
 
Mining:  There has recently approved a new law on  mining providing for a better and forward 
planning in this sector. This would allow for a solid monitoring of the mineral reserves. 
 Fishing:
 The new draft law on fishery foresees the s upport to the fishery sector to increase the sea 
safety conditions, modernization of the fleet to stabilize the fishing and decrease the energetic 
consumption (fuel consumption and protection of the environment). 
 
Page 20, paragraphs 111-113:   The government states:  "Albania is implementing successfully the 
Association and Stabilization Agreement (SAA) with EU from 1 April 2009. Meanwhile the free trade agreement, integral part of SAA, is in fo rce from 1 December 2006.  In accordance with the 
transparency mechanism for RTA, th e trade in goods part of the free trade agreement is presented and 
discussed in WTO in 2009.  Albania applied fo r the candidate status in spring 2009 and from 
December 2009 it is working to complete the ques tionnaire."  Could the government please answer 
the following questions relating to its overall EU accession process? 
 
• To what extent has Albania adopted or harmonized with European Union (EU) technical 
regulations and sanitary and phytosanitary regula tions that affect imports? How have Codex, 
OIE and IPPC standards been taken into account? 
• How will Albania’s potential EU candidacy and the Stabilization and Association Agreement 
(SAA) impact Albania’s trade (especially agric ultural trade) with non-EU trading partners? 
Please comment on Albania’s co mmitments to the EU under th ese arrangements in light of 
Albania’s WTO obligations. 
• Does Albania have any immediate plans to adopt EU market access schedules and 
commitments? To what extent has Albania confor med to EU investment-related regulations?  
 
Answer
: 
Market Surveillance Department has drafted fourt een (14) technical regulations which are fully 
harmonized with respective directives of New and Old Approach. Thirteen (13) of these technical 
regulations are approved by the Council of Minist ers Decision. Meanwhile, from the Parliament is 
approved the Law No. 10216, date 21.01.2010 "On de tergents", which transpose Regulation 648/2004 
EC.  
Based on the National Plan for implementation of  the SAA, Albania has approached the EU 
normative acts regarding the veterinary/sanitary issues for the trading of products with plant or animal 
origin as well as the live animals. These regulati ons cover all measures which are taken for the 
presence or not of diseases in animals or plants which directly affect their tr ade. In all cases, for each 
concrete measure taken, C odex, OIE and IPPC standards are taken into account.   
Albania has no immediate plans to adopt EU mark et access and commitments. The adoption of EU 
requirements, regulations, and othe r related trade aspects are governed  by the national Plan for SAA 
Implementation. Albania confirms that all legislative changes do comply with WTO principles and 
commitments. With regard to the investment rela ted regulation Albania follows the time schedule of 
the national Plan. We have currently amended: WT/TPR/M/229/Add.1 
Page 6  
 
  1. The Law No. 9901, dated 14.4.2008 "On Entrepreneurs and Companies"  has fully 
transposed 8 out of 13 EU Directives, and 2 out 5 EU Commission Recommendations on 
Company Law.  
 
2. The Law No. 10236, dated 18.02.2010 "On Takeover of Companies with Public Offer " 
has fully transposed and harmonized the Directive 2004/25/EC on Takeover Bids.  
 
 A new law on cross-border merge rs of limited liability companies  is planned to be drafted 
during 2011.  
 
Report by the SECRETARIAT - WT/TPR/S/229  
 
II. Trade Policy regime: framework and objectives (3) T
RADE REGIME  
(ii) Regional trade agreements 
 
Page 23, paragraph 29: The Secretariat’s report notes that, "In its 2009 Progress Report, the EU 
noted, inter alia , that Albania has made progress in aligning its legislation, policies, and capacity with 
European standards in most areas, albeit unevenly.   While progress had continued in areas such as 
free movement of goods, energy, SME policy, customs computerization, government procurement, and competition policy, in other areas, such as intellectual property rights, audiovisual policy, 
agriculture, and veterinary/phytosan itary control, progress had been li mited.  The report also noted 
that, overall; further efforts were needed to improve  administrative capacity and to enhance effective 
implementation of legislation."  
Could Albania provide an update on the progress of  harmonization of legislation, policies, and 
capacity with European standards, especially in the areas of concern indicated by the Secretariat?  
Answer
: 
Albania is taking the necessary measures in order to assure the progress of harmonization of 
legislation, policies, and capacities with the European standards in the areas of 
veterinary/phytosanitary control. The Law No. 9863 dated 28.01.2008 "On Food" has established the 
National Food Authority (NFA) which has started to be functional since October 2009. NFA will be 
fully operational by the end of 2011 passing through three phases. Nowadays Albania has central 
competent authority (Ministry of Agriculture, Food and Consumer Protection)  which is responsible 
for the harmonization of the legislation and drafting of the policies as well as the competent authority 
(NFA) responsible for their implementation in the food safety, veterinary and phytosanitary areas.  
 Albania has a comprehensive law in the field of i ndustrial property rights which is in compliance with 
the commitments under the agreement of Trade – Related Intellectual Property Rights and full 
approximation with Acquis Communautaire. The genera l department of trademarks and patents is 
adequately staffed. In addition, Albanian Office for Copyright is working to strengthen the monitoring 
and surveillance capacities in this area. Furthermore,  Albania is recently in the process of adopting a 
strategy to support the protection of Intellectual a nd Industrial Property Rights against Counterfeiting 
and Piracy and other related instruments. The st rategy would ensure a level of protection of 
Intellectual Property Rights which is similar to  that of other developed countries.   
 III. Trade Policies and practices by measure O
VERVIEW  
 
Page 29, paragraph 11 (See also Page 66, paragraph 158):   According to the Secretariat, "Albania 
is an observer to the WTO Agreement on Governme nt Procurement (GPA), and applied for accession  WT/TPR/M/229/Add.1 
 Page 7 
 
 
  to the Agreement in October 2001. Negotiations, how ever, have been inactiv e for several years.  
Albania's government procurement legislation w as amended in 2006 as part of the public sector 
reform process, and to harmonize  it and align procedures for the award of public works, services, and 
supply contracts with EU directives."    Does Albania intend to resume negotiations for access ion to the WTO GPA Agreement?  If so, when?  
If not, why not?  
 
Answer
: 
The Government of Albania is very committed to comply with all its obligations and commitments 
deriving from WTO accession. The Government of Albania has informed the Chair of the GPA 
committee for its position with regard to GPA accession.  
As the new GPA text is still only provisional and negotiations on coverage among the GPA parties are 
still ongoing it is very difficult for an observer and future party to commit itself to something which 
has not yet been formally finalized. In our unders tanding we will have a clearer view on our future 
obligations only after this review process is finalized. 
(2) M EASURES DIRECTLY AFFECTING IMPORTS  
(vi) Import prohibitions, restrictions, and licensing 
 
Page 42, paragraph 52:   With regard to food safety and plant pr otection products (Chart III.5 of the 
Secretariat Report), how many maximum residue limits (MRLs) are set in Albania, how would 
someone know which MRLs have been established, and does one defer to CODEX MRLs if there is no 
pesticide tolerance set for a commodity?   
 
Answer : 
Albania has approached its legislation with EU legi slation in the area of residual control of food of 
animal origin.  The maximum residue levels a llowed are the same as those allowed in the EU 
countries. The established MRLs are as follows:   1.  MRL for heavy metals (Pb) in mollusk, fish, meat and milk.    2.  MRL for heavy metals (Cd) in mollusk, fish, meat, liver, kidney.    3.  MRL for heavy metals (Hg) in mollusk, fish.   
4.  MRL for organochlorine pesticides (Aldrine , Dieldrine, total DDT, Endrine, Heptachlor, 
 Heptachlorepoxide, Hexachlorcyclohekzan isomer α,β,γ, Endosulphan, Methoxichlor, 
 Lindane) in fat,  milk, egg, fish, honey.    5.  MRL for organophosphorus pesticides (diazinon) in fat, milk, honey.   5.  MRL for carbamates and pyretroids (C ypermethrine, Deltamethrine, Permethrine, 
 carbofuran,) in fat, honey.  
6.  MRL for aflatoxines B, G, M1 in milk and feed.  7.  MRL for antibacterial substances (sulfadiazi ne, Streptomycin, chinolone, enrofloxacin, 
 Sulphonamide,  Sulphamethazine, Tetracycline) 8.  MRL for anthelmintics substances (Ivermectin e, Levamizol, Benzimidazole, Doramectine)   
9. MRL for anticoccidials substances (Salinom ycin, Monensine, Sulphodiazin, Narasine)   
10.  MRL for sedative substances (Promasine)   
 Albania is in the process of preparing the legisla tion regarding the plant protection products. This 
legislation is being prepared by approaching the EU  legislation. In the meantime Albania is working 
for setting up the control infrastructure.    
 WT/TPR/M/229/Add.1 
Page 8  
 
  (vii) Contingency measures  
(a) Anti-dumping and countervailing measures  
 Page 44, paragraph 55:   The Secretariat Report notes that, "[a] review may be undertaken at any 
time after imposition of the measure, on the Co mmission’s own initiative or upon request filed by or 
on behalf of Albanian industry."   
 
Are the foreign producers and exporters  also able to request a review of a measure in force?  What is 
the procedure(s) for such a request?  
 
Answer
: 
1. The review starts if there are sufficient data  that the expiry of the measures duration can 
lead to the continuation or re-occurrence of dumping or subsidy. This is indicated based on the data 
on the continuation of dumping or subsidy or the data  that avoidance of this injury is partially or 
wholly due to the existence of measures.  
Where the commission starts a procedure for the review of the imposed measures, upon its own 
initiative, upon a written request or on behalf of the local manufacturers, the me asure remains in force 
until the announcement of the review turnout.  
2. In the course of investigation, in accordance w ith point 1 of this Article, the ministry should 
provide the opportunity to the exporters, importers , representatives of exporting country and local 
manufacturers to complement with data or file an objection to the issues contained in the review 
request. While drawing the conclusions, there have to be taken into account all the documented and 
appropriate data, submitted for the case in question, as well as the fact when the expiry of duration of 
measures can lead to the continuation or re-o ccurrence of dumping or subsidy or injury.  
3. The commission shall, not later than 90 days pr ior to the expiry of the measure, publishes in 
the Official Journal and in a newspaper with the hi ghest circulation in the Republic of Albania, the 
notification on the imminent removal of the anti dumping or countervailing measures. However, the 
temporary measure can not be removed if the commissi on, in a review started prior to the expiry date, 
upon its own initiative or upon a request filed in ac cordance with the rules by/or on behalf of the 
Albanian industry, draws the conclusion that the re moval of this measure can lead to the continuation 
or re-occurrence of the phenomenon of dumpi ng or compensatory subsidy and damage. The 
procedure should be completed within 45 days from the public notification of the imminent removal 
of antidumping or final countervailing measures.  
4. According to this article, the commission in stitutes a review procedure, upon its own initiative 
or upon written request from/or on behalf of the Albanian industry, after passing a reasonable period 
of time, at least one year, since the impositi on of the permanent antidumping or countervailing 
measure, to consider whether the request cont ains sufficient data on the indispensability of a 
temporary review. The temporary review starts if  the request contains sufficient data for the non-
continuation of the dumping or su bsidy measure, as unnecessary and/or that the injury shall not 
continue or re-occur if the measure is removed or changed. If, in the course of review the commission 
determines that the antidumping or countervailing measure is not necessary, it should be removed 
immediately.  
5. Where an exporter, the product of which is subject to a permanent antidumping or 
countervailing measure, has not been investigated individually in the course of the investigation 
process, for different reasons, such as the refu sal for cooperation, the commission shall, upon a 
written request addressed to the exporter, require fro m it to be subject to an accelerated review, in 
order to determine the individual norm of the antidumping or countervailing measure. 
  WT/TPR/M/229/Add.1 
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  (viii) Technical regulations and standards  
 
Page 47, paragraphs 1-2:   According to the Secretariat, as of late November 2009, Albania had made 
38 notifications under Article 10.6 of the TBT Agreem ent.  They are based on, or transpose, EC 
Directives.  Most of the technical regulations resulting from the notifications are not yet in place 
(December 2009); only 13 technical regulations ar e in place (Table III.7).  All notifications made 
provide for a comment period of 60 days following circulation to WTO Members.  Under the SAA (Article 75), Albania is committed to gradually c onform to EU technical regulations and European 
standardization, metrology accreditation, and conf ormity assessment procedures.  The SAA sets out 
that, as a first step, Albania is inter alia  obliged to:  promote the use of EU technical regulations, 
European standards and conformity assessment proc edures, and where appropriate conclude European 
Conformity Assessment Protocols once Albania's legi slative framework is aligned with that of the 
EU.    
To what extent has Albania adopted or harmonized with European Union (EU) technical regulations 
that affect imports?   
Answer
: 
 
Market Surveillance Department has drafted fourt een (14) technical regulations which are fully 
harmonized with respective directives of New and Ol d Approach.  Thirteen (13) of these technical 
regulations, which are mentioned in Table III.7 ar e approved by the Council of Ministers Decision. 
Meanwhile, from the Parliament is approved the Law No. 10216, dated 21.01.2010 "On detergents", 
which transpose Regulation 648/2004 EC.  (ix) Sanitary and phytosanitary measures   
Page 51, paragraph 83:   The Secretariat states: "Albania has notified 125 SPS measures to the WTO 
(1999 to end November 2009); 12 were regular notifi cations, and 113 were emer gency notifications.  
Only two of Albania's regular notifications allo wed for a 60-day comment period by Members before 
their entry into force."  What steps has the governme nt taken to ensure that Albania provides for a 60-
day comment period for SPS notifications?  What st eps have been taken by Albanian authorities to 
improve the timeliness and transparency of its WTO SPS notifications?  Further, of the 113 
emergency notifications notified, how many have been revised and notified to the WTO Secretariat on 
the basis of new scientific evidence th at has since become available?   
Answer
: 
1. Albania has a new structure for the notificati on of SPS measures. Actually, the enquiry point 
is in the Ministry of Agriculture, Food and Co nsumer Protection. In order to fulfil all WTO 
requirements for notification of SPS measures cert ain there have been taken several measures 
including the training of the staff.   The sanitary – veterinary measures taken by Albani a regarding the import – export of live animals and 
their products and by – products are in accordance wi th OIE notification for the status of each country 
relating to its epizootic situation. Furthermore, th e revising of these measures is done according to the 
OIE revising. In this context, we have revised and notified to the WTO Secretariat 16 of emergency 
notifications.   WT/TPR/M/229/Add.1 
Page 10  
 
  (vi) Intellectual property rights (IPRs)  
 
Page 72, Paragraph 190:   Albania indicates that it is currently drafting a National Strategy on 
Intellectual Property (NSIPR) in orde r to be fully compliant with EU standards.  Please explain this 
strategy in light of Albania’s WTO TRIPS obligations.   
 
Does Albania plan to make the NISPR available to the public?  By what me ans and when will Albania 
make the NISPR public?   Answer
: 
 
The work is going on for the development of a ne w national strategy and other related instruments, 
which are expected to be endorsed by the Council of Ministers by the end of May 2010. The scope of the NS is to ensure a level of protection of IP ri ghts which is similar to that of the European Union 
countries. Such goal, in accordance with SAA, shall be pursued through the harmonization and 
implementation of the legal framework and of th e administrative capacities of the Intellectual and 
Industrial Property Rights system. For this purpose, we have decided that the nationa l strategy shall be the strategic document for the 
Intellectual Property, as it will set out the obligations and role of all the institutions involved in the IP 
System. The priorities shall be based on the following documents:  
1. The European Partnership Document (EPD); 
2. The Stabilisation and Association Agreement SAA, 
3. Progress Rapport EC 2008  
4. TRIPS Agreement.  
At the same time as the obligation of referring to  the Albanian State and the Constitution of the 
Republic of Albania, the first section 116 is  reasonable despite their implementation " inter alia " to 
anticipate the Law dated 7 July 2008 No. 9947 "Industr ial Property" of which entered into force on 1st 
November 2008, was considered the minimum requirements  regarding the protection of intellectual 
property rights. For this reason, provisions are estimated as follows: Section I, II and III, which I refer Provisions Gene ral Provisions Civil and Administrative Procedures 
Remedies respectively in Chapters VIII, XX, XXVII "proceedings against infringement of rights" for 
any item of law;  
•  Civil Provisions of Chapter IX, XX, XXVI, whic h include the right to information, evidence, 
 interim measures, compensation, and damage caused to any item of law;  •  Section IV about the limits of internal  measures is provided in Section 136 and 171 
 "Measures to limit domestic and internal market"  •  Section V predictions about how a criminal act in accordance with Article 61 is in the process 
 to approve changes that would incur the Cr iminal Code and Criminal Procedure. GDPM 
 therefore take legal initiative to amend the Criminal Code in November 2008. The proposal I 
 made is taken into consideration by the Minist er of Justice and is expected to be achieved 
 within the period December 2010. In Process  •  Strategy as we have indicated in the first pa ragraph regarding the amendment of the Criminal 
 Code and Criminal Procedure, which is expected  to be adopted by the end of this year in 
 accordance with Article 61's TRIPS  
•  Being the legal basis in relation to the th ird section is provided during the preparation of 
 NSIPR’s have been invited to all actors involved in the system of protection of IP rights.  •  Also in connection with judicial proceedings and is preparing a series training  which identify 
 problems encountered by GDPT, and ACO Court, General Prosecutor and Police. 
 Albania will make public the National Inte llectual Property Strategy, despite all its 
 involvement in the design of all key stakeholde rs, through its launching in the form of a round 
 table in front of media and will be published in the respective sites GDPM-s  www.alpto.gov.al. 
  WT/TPR/M/229/Add.1 
 Page 11 
 
 
  Page 76, paragraph 198:   Please explain Albania's Indus trial Property Law and Albania's 
compulsory license practice in light of TRIPS Article 31, including how the conditions listed in Article 31 are met .  
 
Answer
: 
 
i)   Regarding the second question the legisl ative changes are conducted in accordance with 
 Article 31 of  TRIPS. Compulsory Licenses are provided in Chapter VII Article 50. We think 
 that the requirements of TRIPS Agreement are reflected in accordance with is Article 31 in 
 Article 50.  
 
1. Law No. 9947 dated on 7July 2008 "On i ndustrial Property", Article 51 Compulsory 
Licenses, page 5343 On request, the court is entitled to grant a compulsory license to any Person who 
can demonstrate the capability to exploit the invent ion which is the subject-matter of the granted 
patent in the Republic of Albania when he meet s all the requirements defined in the implementing 
regulation of this law, provided that: 
 a) four years have expired from the filing of  the application and three years have expired 
  from the grant of the patent;  b) the patent owner has not exploited the patent on reasonable terms or has not made 
  effective and serious preparations to do so, unless he provides legitimate reasons to 
  justify his inaction. 
 c) the Person requesting the compulsory licen se has made efforts to obtain authorization 
  from the patent owner on reasonable comme rcial terms and conditions, and if such 
  efforts have not been successful within a reasonable period of time.   2. On request, the court is entitled to grant a compul sory license in respect of a first patent to the 
owner of a subsequent patent who cannot use his patent without infringing the first patent, provided 
that the invention in the second patent involves an  important technical advance of considerable 
economic significance in relation to the invention claimed in the first patent.  In the case of a 
compulsory license in respect of a dependent patent, the owner of the first patent shall be entitled to 
use the subsequent patented invention on reasonable terms.  
3. On request, the court is entitled to grant a compulsory license in respect of patents and 
supplementary protection certificat es relating to the manufacture a nd sell of pharmaceutical products, 
when such products are intended for export to importi ng countries in need of such products in order to 
address public health problems, subject to the implementing regulation.  
4. The type of use covered and the conditions to be met shall be specified by the court.  The 
following conditions shall apply:  a) The scope and duration of the exploitati on shall be limited to the purpose for which it 
  was authorized;  b) The exploitation shall be non-exclusive;  c) The exploitation shall be non-assignable.  In the case of a compulsory license in  
  respect of a dependent patent, the exploitati on authorized in respect of the first patent 
  shall be non-assignable except with the assignment of the second patent.  ç)  The amount of products manufactured under the license shall not exceed what is    necessary to meet the needs of the im porting country or countries cited in the  
  application, taking into account the amount of products manufactured under other 
  compulsory licenses granted elsewhere. 
 5. The exploitation shall be authorized, above all, to supply the market of the Republic of 
Albania, except in the case provided in paragraph 3 of this article. WT/TPR/M/229/Add.1 
Page 12  
 
  6. A compulsory license shall be valid until the end of the time period designated by the court or 
until the end of the term of the patent.  However, the court may, on reasoned request, decide to cancel 
the authorization, subject to adequate protection of the legitimate interests of the Persons so 
authorized, if and when the circumstances which led to it cease to exist and are unlikely to recur. 
 
7. Compulsory licenses shall be registered in the patent register. 
 8. The owner of the patent shall be entitled to adequate compensation for a compulsory license, 
taking into account the economic value of the aut horization. When the parties do not agree, the 
amount of this compensation shall be set by the court. 
 
9. The holder of a compulsory license may ren ounce at it at any time.  If the holder does not 
begin exploitation within one year from the final grant of the compulsory license, the owner of the patent may claim for the compulsory license to be modified or annulled.  
10. The requirements of paragraphs 1(c) and 5 of this article shall not be applicable when such 
use is permitted to remedy a practice determined after judicial or administrative process to be anti-
competitive. The need to correct anti-competitiv e practices may be taken into account of in 
determining the amount of remuneration in such cases.  The court shall have the authority to refuse 
termination of an authorization if the conditions th at led to such authorization are likely to recur. 
 
ii)  Amendments made to Art 31 bis adopted by  the Albanian Parliament on 10 July 2008 with 
Law No. 9950 "On accession of the Republic of Albania in the changes" of the TRIPS  Agreement "is 
applicable in inter alia".  Page 79, Paragraph 209:   The Secretariat Report states: "The Copyright Law protects computer 
programs, and provides for the protection of performers and producers of phonograms. Exceptions to 
these rights are envisaged in the law for, inter alia , reproduction for personal use, citations, use for 
teaching, reproduction from libraries and archives."  Article 26 of Albania’s Copyright Law states 
"The usage of an [sic] work is permitted, without  the prior approval of the author and without any 
remuneration, on the condition that these usage [sic] do not prejudice the copyright or the right holders rights on the work." Please explain Article 26 in light of TRIPS Article 13 which dictates that 
"Members shall confine limitations or exceptions to exclusive rights to certain special cases which do 
not conflict with a normal exploitation of the wo rk and do not unreasonably prejudice the legitimate 
interests of the right holder."   
Answer
: 
 In the first sentence of this paragraph, it is accu rately provided that the Albanian Copyright Law 
foresees the protections of rights of author of comp uter programs, and also of the holders of related 
rights such are the performers and the producer of phonograms. Even if in this paragraph (in its 
second sentence) are mentioned some restrictions that  are provided in Article 26, the latter is not 
referred to the right holders described in the first pa ragraph of this article [with exception to letter e) 
of this article]. 
The Article 26 of law is formulated based on the Article 13 of TRIPS, taking also into account making 
the clause as much applicable as it can in the Albanian reality. 
So the Article 26 of law is referred to th e exclusive economic rights of holders of:  
- The literary works, paragraphs of which are reproduced in quotidian journals or during news’ 
 programs in Radio-TVs/ during the official or judicial event/ or in a public library  WT/TPR/M/229/Add.1 
 Page 13 
 
 
   photocopying the pages of works that are to be used within the library and for the purpose of 
 the services of library itself. 
In all these cases the users have always to respect th e moral rights of authors and to not prohibit the 
exploitation of the work by the holder of copyright; 
- The phonograms or videograms that are reproduced as private copies by a natural person, who 
 does not obtain any other profit usi ng the work but the aesthetic pleasure; 
Whereas, related to the "computer program" is necessar y to be clarified that this category of work is 
classified under the literary works.  
So the Article 84, paragraph 4) of the law provides that "Pursuant to the provisions of the Berne 
Convention "For the Protection of Literary and Artistic Works" the provisions of this article may be 
not interpreted in such a way as to allow its app lication to be used in a manner which unreasonably 
prejudices the right holder’s legitimate interests or  conflicts with a normal exploitation of the 
computer program". 
The following article of the law: Article 84 is in relevance with it, which providing  "The provisions of 
Chapter V "Restrictions of the copyright" of Title  I, shall not be applied to computer programs" , 
indicates clearly that the paragraphs of Article 26 (par t of Chapter V of Title I of law) have not to do 
with computer programs. 
 
Whereas, related to Article 63 (1), letter a) of law th e term "private use" is referred to the so called 
"private copy" of a phonogram/ videogram, done by  a person for non economic profit. This letter has 
the same provision for the exception of the right of phonogram producer as the letter e) of Article 26 
above mentioned. 
 
Article 26  of Albania’s Copyright Law also lists particular scenarios that are included  in acceptable 
exceptions and limitations of the exclusive rights of copyright holders. It is unclear from this wording 
whether the enumerated exceptions in Article 26  are merely examples of permitted uses of a 
copyrighted work or whether this list is exhaus tive.  Please clarify the meaning of the language 
"These cases include  the following" in Article 26. 
 Article 63(1)  of Albania’s Copyright Law states that "the rights referred to in this Chapter [the right 
of the producers of the phonograph records], may present restrictions in respect of: (a) private use."  
Please further explain the meaning of "private use" in  this context and in light of Article 13 of TRIPS.   
 Answer
: 
 
In the first sentence of this paragraph, it is accu rately provided that the Albanian Copyright Law does 
foresee the protections of rights of author of comput er programs, and also of the holders of related 
rights such are the performers and the producer of phonograms.  Even if in this paragraph (in its 
second sentence) are mentioned some restrictions that  are provided in Article 26, the latter is not 
referred to the right holders described in the first pa ragraph of this article [with exception to letter e) 
of this article]. The Article 26 of law is formulated based on the Article 13 of TRIPS, taking also into account making 
the clause as much applicable as it can in the Albanian reality. 
So the Article 26 of law is referred to th e exclusive economic rights of holders of: 
 - The literary works which paragraphs are repr oduced in quotidian journals or during news’ 
 programs in Radio-TVs/ during the official or judicial event/ or in a public library WT/TPR/M/229/Add.1 
Page 14  
 
   photocopying the pages of works that are to be used within the library and for the purpose of 
 the services of library itself.  In all these cases the users have always to respect th e moral rights of authors and to not prohibit the 
exploitation of the work by the holder of copyright; 
 
- The phonograms or videograms that are reproduced as private copies by a natural person, who  does not obtain any other profit usi ng the work but the aesthetic pleasure; 
 Whereas, related to the "computer program" is necessar y to be clarified that this category of work is 
classified under the literary works.  
 So the Article 84, paragraph 4) of the law provid es that "Pursuant to the provisions of the Berne 
Convention "For the Protection of Literary and Artis tic Works" the provisions of this article may be 
not interpreted in such a way as to allow its app lication to be used in a manner which unreasonably 
prejudices the right holder’s legitimate interests or  conflicts with a normal exploitation of the 
computer program".  The following article of the law: article 84 is in re levance with it, which providing "The provisions of 
Chapter V "Restrictions of the copyright" of Title I, shall not be applied to computer programs", indicates clearly that the paragraphs of Article 26 (par t of Chapter V of Title I of law) have not to do 
with computer programs. 
 Whereas, related to Article 63 (1), letter a) of law th e term "private use" is referred to the so called 
"private copy" of a phonogram/ videogram, done by  a person for non economic profit. This letter has 
the same provision for the exception of the right of phonogram producer as the letter e) of Article 26 
above mentioned. 
 Page 79, Paragraph 212:   According to the Secretariat, at the end of 2009, Albania’s authorities were 
attempting to finalize the drafting of a new Law on C opyright and Related Rights.  Has this draft been 
finalized?  If not, what is its status?  Will Member s receive a copy of the new law?  How do Members 
access a copy of the new law?  Article 3(1)(a) of the Berne Convention guarantees protection to 
authors regardless of their nationality within the Be rne Union or whether their works are published.  
In light of Article 3(1)(a) of the Berne Conventio n, please explain how the new law changes Article 3 
of Albania’s existing law.   
Answer
: 
 Albania has adhered in Berne Convention in 1992 and af ter this membership, has tent its clauses to be 
applied in the national laws on copyright that are a pproved by Parliament since that year. The concept 
of the work defined in Article 3/1/a of this C onvention will be provided in the final draft law, 
considering the existence in nowadays Albania of th e risk for the work’ exploitation in the digital 
environment. Even if in our report is provided that  in the end of 2009 Albanian authorities attempt to 
finalize the new law on copyright and neighbouring right , the latter is still remained a draft.  So, the 
draft law is to be amended according to the National Strategy on Intellectual Property, the approval of 
which is still under proceeding as it is mentioned above.  Also, during March 2010, ACO has been supported by WIPO in advising and checking the draft by a 
very well-known expert such as Mr. Mihaly Ficsor, Pr esident of CEECA. In general the draft has been 
considered to be in harmony with the International norms defined in International Treaties, Directives 
of EU and TRIPS agreement. Seve ral comments and suggestions are gi ven and they will be reflected 
in the draft-law, which will afterwards be sent to all the interested parties and the line ministries. We 
are waiting for formal and written notice of these suggestions from the expert.  WT/TPR/M/229/Add.1 
 Page 15 
 
 
  It is foreseen that the draft law shall be passed by Co uncil of Ministers in June of current year, and the 
law will be approved by Parliament within December.    
 
Amendments of the legal frame:   
During the experts` consultations to draft the Nati onal Strategy on Enforcement of IPR, and aiming a 
full compliance with the acquis communitaire  and other international documents in the field of 
copyright and other related rights such as the TRI PS agreement, the following legal frame will be 
amended until the end of 2011: 
o Draft-law "For some amendments in Crimin al Code of Republic of Albania"(changed) 
o Draft-law "For some amendments in Procedural  Criminal Code of Republic of Albania"  
(changed) 
o Draft-law "For some amendments in the Law N°. 8410, dated 30.09.1998 "On public and 
private radio and television in th e Republic of Albania" (changed )  
o Draft-law "For some amendments in the Law No. 8096, dated 21.03.1996 "On 
cinematography", (changed.) 
o Draft-decision "For some amendments in the DCM No. 547 dated 1.5.2008 for some changes 
and amendments in the DCM No. 205 dated 13.04.1999 "On the Customs Code Implementing Provisions", (changed.) 
o It is also needed the harmonization of the Law No. 9918, dated 19.05.2008 "On electronic 
communications in the Republic of Albania" and of LCRR with the Statutory Instrument 2002 No. 2013/  Electronic Commerce (EC Directive) Regulations 2002 in order to define the 
best possible modalities in establishing an effective co-operation in protecting copyright and related rights in the new digital age. 
 
QUESTIONS FROM TURKEY 
 Report by the Secretariat III. TRADE POLICIES AND PRACTICES BY MEASURE (2) Measures Directly Affecting Imports (i) Procedures and documentation, para. 20, 
 page 31   
The Secretariat’s report points out that "when a shipment consists of goods with different tariff 
classification and treatment and this creates a consid erable amount of work and expense", then the 
customs duties are paid in under "the tariff classificati on of the goods that have the highest tariff rate." 
 
Could Albania explain if there is a criteria li ke the number of goods combined (for instance a 
shipment containing 2 or more different goods) be fore a decision is made whether a considerable 
amount of work and expense is needed to calculate the duties?  Answer
: 
 
The Article 104 of the Albanian Customs Code (ACC) stands that: 
"Where a consignment is made up of goods falling w ithin different tariff classifications, and dealing 
with each of those goods in accordance with its tari ff classification for the purpose of drawing up the 
declaration would entail a burden of work an d expense disproportionate to the import duties 
chargeable, the customs authorities may , at the request of the declarant,  agree that import duties be 
charged on the whole consignment on the basis of the tariff classification of the goods which are 
subject to the highest rate of import duty." 
 
All the criteria are taken into consideration on the sa me time by the interested importer. It is obvious 
that higher is the number of the items to be d eclared (according to the pr oper tariff codes on the 
SAD), higher are also costs (described by the Secret ariat as ‘administrative costs’) that the importer WT/TPR/M/229/Add.1 
Page 16  
 
  has to pay to the authorized persons dealing with th is process – Customs Brokers. It is quite clear that 
these two criteria are going in parallel with each othe r. Only when the other condition is fulfilled (a 
considerable amount of work and expense is needed  to calculate the duties), than the importer may 
decide to request the application of the Article 104 of ACC.    (2) Measures Directly Affecting Imports (i) Procedures and documentation, para. 21, 
 page 31  
 The Secretariat’s report mentions of the inward processing regime as a special customs regime, could 
Albania provides information about imports statistic s, if any, which have been processed under this 
regime?   
 Answer
: 
 
The information below contains data regarding in ward processing regime (Customs Procedure 41 and 
51) in comparison with the total imports, for the year 2009. 
 
Year 2009  Nett Weight/kg  Value/lek  Value/Euro 
Total Imports 5,298,302,434 431,107,088,053 3,264,478,934 
Inward Processing Imports   149,454,424  50,876,560,565    385,253,374  
 
(4) Measures Affecting Production and Trade, (ii) Competition Policy and price controls, 
 para. 121, page 59 
 
Could Albania identify the segments of the electrica l energy submarket the CAA found to be natural 
monopolies?  
 Answer
: 
 
In electrical energy sector,  TSO’s exclusivity, or natural monopoly object, is management, 
maintenance and development of transmission syst em on high voltage 110, 220 and 400 kV, and the 
management of substations 220 and 400 kV, public property. Furt hermore, Transmission System 
Operator (TSO) is responsible for the management  of the interconnection lines, management of the 
flows and distribution of the whole electric power. Th e law doesn’t specify the period of exclusivity. 
DSO’s exclusivity object is the management, mainte nance and development of the distribution system 
on 35, 20, 10, 6 kV and 0.4 kV, as well as the 110 kV and lower voltage substation management. 
DSO has also the exclusivity  on Retail Public Supply.  
 
(4) Measures Affecting Production and Trade, (ii) Competition Policy and price controls, 
 para. 123, page 60.   
 
The Secretariat’s Report mentions of the draftin g of a new telecommunication law, could Albania 
provide more information what amendm ents this new law will bring about? 
 
Answer : 
 
The Secretariat’s Report mentions of the drafti ng of a new telecommunica tion law, could Albania 
provide more information what amendm ents this new law will bring about? 
The telecommunication sector in Albania is ba sed on Law No. 9918 dated 19.5.2008 "On Electronic 
Communications in the Republic of Albania" (S ee, Chapter IV TRADE POLICIES BY SECTOR, (4) 
Services, (ii) Telecommunications and related service).  This is new law of telecommunications 
mentioned in paragraph 123, page 60 as above. The Law No. 9918 dated 19.5.2008 "On Electronic  WT/TPR/M/229/Add.1 
 Page 17 
 
 
  Communications in the Republic of Albania", is based  on the principle of technological neutrality and 
aims to promote competition and efficiency in the electronic communications sector as well as guarantee the availability of fundamental telecomm unications services in the Republic of Albania. 
This law is in compliance with the EU Regulatory package in the field of electronic communications, 
harmonised with the EU Directives (2002 package).  
 
The law on Electronic Communications has eliminated the barriers of entry for undertakings wishing to offer services in the field of electronic communications. The law has also enabled: 
• The right for every undertaking to offer network and electronic communications services, by 
only meeting the requirements of the general authorization as well as those of the individual authorization when using limited resour ces (radio-frequencies and numeric space); 
• An appropriate regulatory environment, wh ich upholds the principle of technological 
neutrality; 
• The entrance into the market of new players whic h do not require use of limited resources, is 
done through simple and expedited procedures, without the needing any preliminary special 
permission; 
• Granting the right to use restricted resources through objective, transparent, proportional and 
non discriminating procedures; 
• The right to use frequencies shall be restricted only when this is conditioned by insufficiency 
of frequencies and also to ensure their efficient use.  In any case, such restrictions shall be 
subject by Minister’s decision; 
 
With regard to the Universal Service, the La w on Electronic Communications provides for a new 
scheme which aims to enable the basic services incl uded in the scheme of universal services through 
the contribution of all the market players, mainly in those areas where such services are inexistent or 
scarce.  
 This law provides also analysis of markets and de finition of those operators which have a significant 
market power (SMP), as well as enforcement of respective obligations, in line with the 
abovementioned EU Directives a nd respective Recommendations.  
 
The law foresees a continuous communication of th e regulator with the market, through public 
consultation processes, aiming to achieve realisti c and beneficiary decisions towards the businesses 
and market development. At the same time, the law provides an effective institutional cooperation 
between the regulator and state bodies.  
Some amendments of Law No. 9 918 dated 19.5.2008 are under cons ideration. These amendments are 
based on recent EU "acquis communaitare" On electronic communications (2009/136/EC and 2009/140/EC directives) and bring the existing law closer to EU standards.   
(4) Measures Affecting Production and Trade, (iii) State Trading, State owned enterprises 
 and privatization, para.137, page 63 
 Could Albania provide an update on the final nego tiations on the privatization of the OSSH?  
 
Answer
: 
 
The Government of Albania has privatized the func tions of Distribution System Operator (DSO) and 
the Retail Public Supplier (RPS). A contract was signed on 11 March 2009 with Czech company CEZ 
selected as the winner of the tender for privatization of 76% of totally shares of DSO.  WT/TPR/M/229/Add.1 
Page 18  
 
  The regulatory and competition framework is  b ased on Law No. 9072, date d 22.5.2003, "On power 
sector", amended, and CMD No. 338, dated 19.3.200 8, "Albanian Electricity Market Model (AMM)"; 
to accommodate the Government’s decision to have  separate wholesale and retail public suppliers. 
 The AMM distinguishes between a Wholesale Public Supplier (WPS), which is for now a part of 
Albanian Electro Energetic Corporation (KESH), and a Retail Public Supplier (RPS), which is part of 
the Distribution System Operator (DSO). 
 
The WPS is responsible for security of electricity suppl y to all tariff customers. It sells its electricity 
to the Retail Public Supplier (RPS) at a price regulated by ERE. 
 
The DSO is responsible for owning and operating th e distribution system, and buys electricity to 
cover its technical and non-technical distribution losses from the unregulated market. 
 
(4) Measures Affecting Production and Trade, (vi) intellectual property rights, para.201, 
 page 77   Could Albania provide more details on the conditions fo r a good to be registered as GI and criterias 
used to examine the conformity with such cond itions? Is there any appeal process in cases where such 
decisions are contested?   Turkey will also appreciate any information on  the number of goods registered as GIs?   
 Answer
: 
 The criteria used  for the registration of the Geographical Indications are as follows:  
• Related to the Law No. 9947 dated 07 July 2008 "O n Industrial Property" respectively in Part 
V "Geografical Indication" Chapter XXX , Article 182 "Filing the application " provided certain formalities:  
1.   An application for the registration of a geographical indication is filed in the GDPT. 
2.   An application is made only for one ge ographical indication and one type of product. 
3.   The application contains:  a)  the name and address of the applicant;  b)  the definition of the product;  c)  the definition of the boundaries of the geographical locality; 
 ç)  a report about the particularities and ch aracteristics of the goods and their connection 
  with the geographical environment and geographical origin;  d)  a document issued by the respective authority according to point 2 of Article 177 of   this Law;  dh) a document issued by the local aut horities certifying the performance of the  
  productive activity of the applicant in the defined geographical region. 
4.  The application is accompanied by a docume nt of the payment of the respective tariff. 
5.  Other procedures and additions for the appli cation are defined in the implementing regulation. 
Other procedures defined by Art 182 paragaph  5 are part of the DCM No. 1705 dated on 
29 December 2008 "Regulation for the re gistration of geographical indications".
2 
                                                      
2 Chapter II "Application for the registration of GI’s" 
 1. Filing Application   
1.1 The application for the registration of the geographica l indication shall be filed through the FTG1 form, which 
shall be signed by the applicant or his representative and sh all be submitted to the DGPT protocol office. The FTG1 form 
may also be sent to DGPT by mail or via fax by the applicant or  his representative. In the case  of filing via fax, the applican t 
shall submit to DGPT within one month from the date of fa x submission the original of the document, otherwise the 
application shall be considered unfiled.   
1.2 The application file shall contain the list of the fi led documents (file index), which shall be signed by the  WT/TPR/M/229/Add.1 
 Page 19 
 
 
  • Administrative complaints related to industria l property are reviewed by DGPT Board of 
Appeal.  The Board of Appeal was in 2008. The structure and procedures3 are defined by Law 
No. 9947 "On Industrial Property," Article 193 and by the Code of Administrative 
Procedures. Scope of activity of the Board of Appeal is: 
1.   The review of refused decisions durin g the examination process. The applicant (for a 
 patent, utility model, certification for plan t and product, industrial design, trademarks, 
 geographical indications) has the right to f ile a complaint within two months from the 
 date of the notification of the refusal of  the complaint. The Board shall review the 
 appeal within three months from the filing date.  
2.  The conflicts including prior rights and th e opposition of publication are part of the 
 activity of the Board of Appeal. The comp lainant (the right holder) has the right to 
 file a complaint three months from the da te of publication. The duration of the 
 administrative process is three months.  
The number of GI’s registration is 2 (two).  
IV. TRADE POLICIES BY SECTOR  
(4) Services, (iii) Financial Services, para. 51, page 92 
 Could Albania provide information on any policy aiming to address the non performing loans which, 
according to the Secretariat’s repor t, reached about 28,8% of the totals credits provided by the 
banks? 
 
Answer
: 
 
According to the Financial Stability Report in June 2009 the ratio of non- performing loans to total 
loans was 8.7% while at the end of 2009 the ratio  of non-performing loans to total loans reached 
10.5%. 
The NPLs include the gross outstanding amount of nonperforming loans (no deductions for provisions 
or collateral value). These loans are more than 90 da ys in arrears, and classified in the last three 
categories (out of five).  
                                                                                                                                                                    
 
applicant or his representative.  
1.3 The application for the registration of the geographical i ndication shall be filed with respect to a single product.  
1.4 On the day of receipt of FTG1 form for the registration of a geographical indication, the DGPT Protocol Office 
shall note down on the form the filing date and hour of the application and the numbe r of such application.  
2. Essential elements of an application  
2.1 According to Article 182 of the Law, the application for the registration of the ge ographical indications shall 
contain:  
a) FTG1 form signed by the applicant or his representativ e, which shall contain mainly  the data on the name and 
address of the applicant, the geographica l indication, specification of the product to  which the geographical indication will 
be applied, and the definition of the boundaries of the geographi cally locality where th e product is produced or processed; b) 
document proving the payment of the filing fee; c) a report about  the particularities and charact eristics of the goods and thei r 
connection with the geographically environm ent and geographically origin; ç) a docume nt issued by the respective authority, 
according to the respective laws, which defines the boundaries of the geographical area where the product is produced or 
processed;  d) document issued by the respective authority, according to the respective laws, which defines the features and 
characteristics of the product, and the connection between the features of the product with the geographical environment or 
the geographical origin, according to Article 177(2) of the Law; dh) a document issued by the local authorities which 
certifies the production activity conducted by  the applicant in the given geographica l region; e) where the applicant is a 
foreign legal or natural person, a document that certifies the registration of the geographica l indication, which shall be 
translated in the Albanian language and shall be notarized; ë)  in the case of food or agricultural products, a document issued 
by the respective authority, which certifies that the product meets all the criteria of quality, provided for by the relevant 
legislation into force; f) power of attorney, if the application is filed by the applicant representative. The power of attorne y 
shall contain the signature of the applicant and, if the applicant is a legal person, his stamp.  
3 The procedure and scope of the activity of the Board of Appeals are established by Law No 9947, Articles 28, 33, 
123, 124, 126, 152, 153, and 155. WT/TPR/M/229/Add.1 
Page 20  
 
  To provide for a stronger attention on the issue of Non Performing Loans, during the second half of 
2008 and onward, the Bank of Albania has taken these measures:  
a) has increased the number of on-site "ad-hoc" exam inations in banks, to make sure that banks 
identify early and well the non-performing loans, and that provision reserves are established 
on time and adequately; 
b) has strengthened the monitoring of financial re ports from banks and from the Credit registry 
(operating from the beginning of 2008), regard ing credit concentration, guarantee/collateral 
adequacy etc.; 
c) has improved stress-tests (both sensitivity and scen ario analysis), trying to assess the trend in 
NPLs and the potential and future need of the banking sector, or of individual banks, for 
additional capital; 
d) has asked banks to strengthen their credit risk  units, in terms of both human, technical and 
financial resources; 
e) has asked banks to support their clients which,  based on a strictly professional analysis, are 
deemed to face temporary and short-term difficultie s, in return for stronger requirements that 
guarantee the loan repayment over a longer period of time. On the other side, banks must act 
decisively to obtain and execute the guarantee/co llateral on those loans that have little or no 
hopes for repayment;   
f) has urged banks to maintain lending to the ec onomy, in particular for the domestic currency, 
where there are plenty of resources, either  from their public deposits but also from the 
liquidity injection operations of the Bank of Albania; 
g) has asked banks to gradually diversify their loan portfolio, toward small and medium-term 
business entities. 
 
To conclude, at this stage the Bank of Albania h as stressed the importance for the banking activity to 
fully identify the amount of the nonperforming loans and establish adequate provisions. This is a 
necessary process to enable any additional regulator y measure by the Bank of Albania, should the 
problem persist or worsen in the future."       In accordance to the Law No. 9662, dated 18.12. 2009 "On banks in the Republic of Albania"
4 as 
regarding risk management, Supervisory Council of the Bank of Albania approved: 
 
a) the regulation5 "On credit risk management"6,  by decision No. 52, dated 14.07.20004, as 
amended by the decision No. 101, dated 27.12.2006, decision No. 61 and 627, dated 
29.08.2008 and by the decision No. 47, dated 10.06.2009;  
 
These amendments are related as well to: 
• banks’ Bords of Directors  tasks should consis t on emphasizing the strategies and policies of 
credit risk management, including indirect credit risk through foreign currency and also on instructions and requirements in special cases on guarantees and collateral;   
                                                     
 
  4 Official journal 149, da te 18.01.2007, page 601. 
 5 The regulation stipulates that consid erable loan growth exceeding the indicators specified in this regulation 
should be provisioned 150%; banks exceeding the defined levels of the indicators should: increase provisioning, strengthen 
the monitoring of the nonperforming loans, report on their situati on every month at the Bank of Al bania,  restri ct/ terminate 
the broadcasting to media, prevent the prom otions that intend to inform the  pub lic about those credit offers, review the 
objectives in order to set the restrictions  on the annual credit growth of total ou tstanding or according to its characteristic s 
(as regards the distribution by economic s ectors, geography, type, timetable, currency and interest rates), apply the 25% limit  
for the ratio "debt service/income" particularly in the case of  the consumer credit; apply lower quantitative values regarding 
the ratio "loan /collateral value", in any case no lower than  70%, suspend the dividend dist ribution, immediate increase 
capital and take other actions in order to  achieve and maintain a minimum level of capital adequacy ratio as defined in the 
regulatory framework.  
6 Official journal No. 50, date 21.07.2004, page 3425. 
7 Official Journal No. 142, dated 16.09.2008, page 6341.  WT/TPR/M/229/Add.1 
 Page 21 
 
 
  Measures that should be taken in the framewo rk of prudential monitoring, which include: 
 
• Increased provision rates for loan portfolio defined as exposed to exchange rate risk 
(Regulation "On credit risk management"): o provisioning by 50% more those exchange rate risk exposed portfolios by impacting in 
this way the level of the capital adequacy ratio; and 
o Setting their limit of 400% to the regulatory capital of the bank. 
• Setting up restricted levels as regards the ma rket share of the foreign bank branches, 
respectively, in at least one of the following indicators in two consecutive quarters, compared 
to four quarters in the existing regulation (Regul ation "On risk management of the activity of 
foreign bank branches"): 
o 6.25% of the total system assets; or 
o 6.25% of the total system deposits 
 
Regarding better enforcement, Bank of Albania est ablished special working groups to monitor the 
risks toward which banking sector is exposed, among which credit risk is emphasized with the 
greatest importance. The improvement of the BOA’s products on portfolio analysis including useful 
concepts such as "vintage loans"  in combination with "output reports" of credit registry can be 
evaluated as an instrument for a more prudential m onitoring of nonperforming portfolios. At the same 
time, Bank of Albania has improved the "Stress T esting" methodology aiming its "forward- looking" 
feature, thus enhancing the monitoring of nonperfo rming loans, along with concrete recommendations 
for the capital injections of identified banks. 
 
(4) Services, (iv) Transport Services  
 The Secretariat’s report includes extensive inform ation on the maritime and airport services. Could 
Albania also provide details on the ongoing and fu ture projects concerning the road transportation?  
Ministria e Puneve Publike dhe Transportit 
 
(4) Services 
 As travel services are one of th e main earners of foreign currency for Albania, could Albania provide 
details on its approach to tourism and its policies regarding this sector? 
 
Answer
: 
 
The preparation of Tourism Sector Strategy 2 007 - 2013 and Action Plan is based on the National 
Strategy for Development and Inte gration (NSDI) and in Article 6 of  Law No. 9734, dated 14.05.2007 
"On tourism", as amended. Tourism Sector St rategy Document 2007 - 2013 was approved by 
Decision of Council of Ministers No. 844, dated 11.06.2008 "On approval of the Tourism Sector 
Strategy from 2007 to 2013 and Action Plan". 
It was prepared under the process initiated by the Alba nian Government, to coordinate the strategies 
of different sectors of the economy, with priority  need for a review of the Tourism Development 
Strategy 2002-2012 and its combination with the St rategy and Action Plan Development Natural and 
Environmental Tourism adopted in 2006.  
Sector strategy outlines the strategic concept of t ourism development, providing strategic directions 
and development of tourist products in Albania to be a future tourist destination in international 
tourism market. Attracting foreign tourists will influe nce the use of Albania to urist capacity to ensure 
a maximum benefit from the introduction of foreign currency and will affect the functioning of the 
tourism sector in Albania with the same principles which operates the tourism industry in the world.  
Preconditions for the development of tourism in Albania are: WT/TPR/M/229/Add.1 
Page 22  
 
  1. Implementation of the principles of sustaina ble development by all levels of planning, 
decision making, management, at both central and local public, and also by the private sector;  
2. Completion of tourism legal framework; 
3. Effective organization of the public and privat e sector in order to achieve the vision and 
strategic objectives; 
4. Infrastructure development – road, water, and air transportation development. Improvement 
and building of efficient solid waste and waste water management systems;  
5. Telecommunications and the Internet; 
6. Review and establishment of standards for de veloping land use plans, on the areas with 
potential for tourism development; 
7. Ownership. One of the preconditions for touris m development and creating stability in the 
development of tourist investment is to cl arify as soon as possible legal resolution of 
ownership of land and building facilities;  
8. Increased funding in the preservation and maintenance of natural assets and cultural 
improvement of management systems for are as of cultural interest and natural, human 
resource development and improvement of the image. Albania should invest in various 
critical human resources so that the tour ism sector is effectively developed; 
9. Data collection and processing - it is necessary to collect and analyze data effectively and in 
accordance with the internationa l standards nationally, regionally, and locally. Albania should 
make important investments in data collection and management systems in order to monitor 
and analyze the characteristics of tourist visits , spending, behavior, and profiles.  It is 
impossible to plan tourism without such data.  
 
The main tourist products and strategies for their development 
From observation and analysis of the country's tour ist potential as well as other factors that influence 
the development of tourism in Albania, main  tourism products are the following types: 
1.  Sun and beach tourism 
2.  Special interest tourism 
3.  Business tourism and conferences 
 
Directions for the implementation of strategy a nd management in the future development of the 
tourism industry are evaluated: 
 
•  Sustainable development  
Acceptance of this concept is important for tour ism development. Future management of natural 
resources, cultural and human, are critical and import ant for a long-term sustainability of the tourism 
industry. 
 
Three main sub-directions are: 
environmental sustainability  - to ensure that development is in  accordance with the maintenance of 
essential ecological processes, biological biodiversity and biological resources;  
social and cultural sustainability  - to ensure that development enhances people's control of their 
lives, is in line with the culture and values of the people it affects, and maintains and strengthens 
community identity;  
economic sustainability  - to ensure that development is efficient in economic terms and resources are 
managed to create space for future generations. 
 •  Local community benefits  
Tourism should bring benefits to communities or peopl e living near natural areas and cultural interest, 
by affecting the improvement of the standards, as well the use of financial mechanisms and initiatives 
to support activities for conservation and improvements of incomes in rural areas. 
  WT/TPR/M/229/Add.1 
 Page 23 
 
 
  •  Partnerships  
In conditions of rapid market changes, partnerships  in national and international levels are necessary 
to be successful with the aim to be competitive ("colla borating to compete"). These partnerships result 
in benefits for all participants involved.  
 
•  Quality  
By improving service standards, the quality of the work force in tourism industry and offering 
continuously products of required value and quantity to the target groups, Albania will be able to 
compete successfully in the international markets.  
This strategy is accompanied with an Action Plan with the following specific elements:  
-  Awareness and Marketing 
-  Development of product  
-  Investment in natural areas to strengthen the tourism sector  
-  Investments in culture to strengthen the tourism sector  
-  Human Resources 
-  Infrastructure 
-  Business climate -  Reassessment of the experience of tourists  -  All data and information management  
 
Report by the Secretariat 
 
Para 58 
... If all the requirements set by the law are met, the Bank of Albania grants a licence to commence 
banking activities;  no discretionary criteria or econom ic needs test are used.  However, by law, the 
Bank of Albania has the right to set additional requirements and criteria to obtain a licence. 
 
Could government of Albania explain in which cases Bank of Albania requests additional 
requirements for a licence to commence banking activities? Could Albania give some further 
examples of additional requirements or criteria?   Answer
: 
 In accordance with the Law "On banks in the Repub lic of Albania" as regards the licensing of the 
banking activities, Supervisory Council of the Bank of Albania has approved through decision No. 14, 
dated 25.02.2009 the Regulation "On granting the license and the exercise of banking activity of 
banks and branches of foreign banks in the Republic of Albania". This regulation, besides the general 
requirements for acquiring the license to carry out banking activity in the Republic of Albania, sets 
out some additional requirements as regard the licensing process.   
Some of the additional requirements are the following:  
- As regards the proposed business- plan for three previous years in addition to the requirements 
set out in Article 17 of the regulation, the ba nks shall submit also the following requirements: 
 
a. The assessment of the proposed shareholder/sh areholders on the Albanian banking system, the 
competitors, market characteristic s and its development tendencies; 
b. The strategy of the proposed bank relating to the objectives and the targeted position 
in the market; 
      c. Identification of risks the bank ex pects to be exposed through the implementation 
          of  business plan, as well as description of audit. 
      d.  Methods and systems the bank sha ll apply for the proposes of managing these risks. 
 WT/TPR/M/229/Add.1 
Page 24  
 
  - As regards the administrators of the proposed ba nks in addition to the legal requirements set 
out in the Regulation "On the core management  principles of banks and branches of foreign 
banks and the criteria on the approval of their ad ministrators, the banks should submit also the 
following: 
-  
a. If the administrator hold a university degree in a field different from the legal or  
Economic sciences should have an experience in banking sector, for at least 5 year; 
b. A detailed description of the requirements rela ted to qualification and experience in    
      the financial and banking sector. 
 
As regards the source of capital in addition to the legal requirements should be submitted a notary’s 
statement related to the sour ce of paid in initial capital. 
 In the same time, the regulation defines the documen tation related to the moral figure of the banking 
founders such as: Certification from Prosecutor’s Office,  Bailiff Office, Ministry of Justice and Court.  
As regards the licensing policy of the banks, Superv isory Council of the Bank of Albania through the 
decision No. 12, dated 25.02.2009 approved the Regulation "On the approval of the document 
"Licensing policy of banks". According to the regulation, through the approval of  this document, Bank of Albania aims to support 
the introduction into the market of the sound a nd stable banking entities: which are grounded from 
powerful and experienced shareholders in the banking  industry, that implement the best management 
responsibilities standards; that fulfil a balanced opera tion with well managed risks; which are able to 
encounter and develop under the free competitiv eness conditions as provided by an open and 
integrated market in the international financial ma rket; which are able to en counter with capitals and 
liquidities the crisis situations; which support the developments of the domestic economy; and which 
supply in a transparent way to the public qualita tive and efficient banking services and products. 
In view of these objectives, Bank of Albania assess es that the introduction of foreign capitals is a 
factor to be particularly encouraged. The incre asing presence of foreign ba nking groups, particularly 
those from EU and USA, assists the integration of our financial markets into the developed 
international markets, provides ground to the estab lishment of sound banking entities in the financial 
terms, and provides the possibility on a m odern development of banking business. 
 
The Principles- the licensing processes is based on: 
The licensing principles aim to stipulate those prin ciples, which should characterize, lead and on 
which the concrete decision-taki ng should be based on,  throughout the licensing process of entities 
which shall exercise banking activity at home. 
 
The principle for the existence of an  open and free competition market:  
The regulatory framework adopted by the Bank of Albania on the licensing of banks shall aim to 
provide an environment of free competition in th e banking market. The competition is mandatory and 
desirably, as it obliges subjects that ar e participants in the market to carry out their operations in such 
a way, to be as helpful and fruitful for the public, with general positive effects on the quality and costs 
of services. 
 
The Secretariat’s report includes extensive inform ation on the maritime and airport services. Could 
Albania also provide details on the ongoing and fu ture projects concerning the road transportation?  
 
Answer
: 
 
The National Transport Plan outlines the main co mponents of the transport policy for Albania.  
In accordance with EU guidelines, the Albanian Government has stressed the integration with the 
European Union and the legislative approximation of  its transport legal framework withInternational 
Standards and Regulations, especially by making Road Safety.  WT/TPR/M/229/Add.1 
 Page 25 
 
 
  There were important developments in the core network in Albania 
In this respect we mention the Durres – Morine co rridor (Route 7 in the Core Network). This highway 
is currently under construction a nd different section are being funded by the Albanian State Budget, 
by the World Bank and by Kuwait Fund  
Funding for the North- South Corridor is assured for the Shkoder- Hani i Hotit section (Route 2 of the 
Core Network) from the Italian Government which is  also funding the road segments from Lushnje – 
Fier, Fier – Vlore.  The segment Fier – Tepelene is being funded through the EBRD and is currently out to tender. It is 
expected to be completed over the next three years. 
 In the East – West Corridor the Albanian Governme nt is currently funding the Korce – Qafe Plloce 
segment and in the programme is forecasted to be r ealised the entire project of the road Qafe Thane – 
Korce.  
 
An ambitious programme is under ne gotiations with the WB for the rehabilitation of the rural roads 
around 400 ml USD. This programme will prioritise feeder and tourist roads on the basis of those 
roads which will experience the greatest growth in traffic flows and vehicle numbers. The programme 
is aimed at increasing the efficiency of the nationa l core network and partic ularly the continuing 
growth of tourist number along the unspoilt Albanian coast.  
 
QUESTIONS FROM CANADA 
Report by the Government of Albania (WT/TPR/G/229) 
Part II: Economic Development: (4) Private S ector Development: paragraph 37 & 38, page 11:  
  The Report states that "Economic growth has been projected to rely on clear policies for increasing 
foreign investment, policies which has been project ed to double in the medium-term period and would 
contribute to further consolidation of the economic  development", "...achieved by... accelerating the 
privatization process in strategic sectors su ch as telecommunications and insurance...".  
Could Albania describe how and why these secto rs were chosen as st rategic sectors?   
 
Answer
: 
 
The statement refers to important sectors where th e state has still some shares. It is the case of 
Albtelecom and Insig. Strategic priorities for econo mic development are set for the coming years, in 
the National Strategy for Development and Integr ation 2007-2013, approved by the Government in 
2008.  It is a fundamental strategic document of th e country. In this document specific reference is 
done for telecommunications infrastructure as a key el ement for fostering the growth by transactions 
cost reduction and creating a competitive environmen t for firms.  According to the Government 
strategic vision, small and medium enterprises will be provided with supporting services and access to 
information and communication technologies. 
Report by the Secretariat (WT/TPR/S/229) 
Part I: Economic Environment: (1) Overview: paragraph 4, page 1:  
 
The Secretariat Report states that, "Although progress has been made in increasing productivity, more 
jobs in other areas, particularly services, need to be created...".   Could Albania elaborate which specific services sectors are being referred to where jobs need to be 
created?  WT/TPR/M/229/Add.1 
Page 26  
 
  Answer
: 
 
Services Sector will be the most important contributor to real growth in the coming years. Tourism is the highest potential source of economic growth and job creation, within the Services sector and it is 
supported by public policies for the development of infrastructure. Growth in tourism is closely 
related to job creations within some sub sectors of services sector like transport, hotels and 
restaurants, and trade.  
 
Part I: Economic Environment: (2) Output and Employment: paragraph 8, page 3:  
  The Report states that "... the evolution of construction was particularly dynamic."  
 
Could Albania please explain why this dynamic occu rred (i.e. to what it is due), and does it anticipate 
this trend to continue?    
 
Answer
: 
 
Main reasons for good performance w ithin the construction sector are: 
1. The huge demographic movements taking place the se last years, generally from rural areas 
toward urban areas, has increased the demand for housing services. So, the housing 
construction has been growing rapidly being so  the main contributor in the total growth 
construction. 
2. Considerable volume of public investments in road infrastructure, especially in 2008 and 
2009,.  
3. Construction sector has been used also as a way of investing private savings, particularly by 
emigrants, because of convenient prices in some areas (however with less intensity in 2009). 
 
Part II: Trade Policy Regime: Framework And Objectives: (2) Trade Policy Formulation and 
Implementation: (i) Institutional framework: paragraph 19, page 18:  
The Secretariat Report states that, "The importance of  developing a strong, effective, and transparent 
judicial system is a key theme in the Gove rnment's National Strategy for Development and 
Integration. …The Strategy sets out medium- and l ong-term goals for achieving a judiciary that would 
function in an independent, transparent,  responsive, and efficient manner".  
 
Could Albania indicate what  actions have, in practice, been put in place to reform the judicial system 
and to achieve the medium and long term goals?   
 
Answer
: 
 
In the framework of the National Strategy for Development and Inte gration, important steps have 
been taken as regards judicial independence. A ne w law was on judicial organization was drafted and 
adopted in 2008, Law No. 9877, dated 18.02.2008 "On the organization of judicial power in the 
Republic of Albania". The law now into force ai ms at an increased judicial independence.  
 Two important draft laws have b een concluded, first dealing with  judicial administration and the 
second with the administrative justice and administ rative courts. This two draft laws are now in 
Parliamentary Procedures. The drafting of a new la w "On the National Judicial Conference" has been 
concluded and will be soon submitted tot eh Council of Ministers for approval. 
 
There has been an improvement in the legal framewo rk regulating the activity of the operators of the 
field of enforcement of court decisions. This was achieved through amendments to the Civil  WT/TPR/M/229/Add.1 
 Page 27 
 
 
  Procedure Code adopted by the end of 2008 and by the entry into force of the law "On the private 
bailiff system".   
In the legislative plan of the Ministry of Justice for year 2010 amendments to important laws such as 
the law "On the High Council of Justice", the law "On the High Court", the law "On the Constitutional Court" are included. Amendments to  Criminal Procedure Code and Civil Procedure 
Code to the aim of reviewing procedural terms in order to reduce the backlog of cases, are planned by 
the end of 2010.  The draft law with the amendments to the law "On judicial police" will soon be 
submitted to the Council of Ministers for adoption.  
 A decision of the Council of Ministers was adopted  in 2009 "On personal and familiar security of 
judges" ensuring their protection and proper exercise  of their functions. A new Council of Ministers 
Decision is being drafted dea ling with security of courts. 
 
The Ministry of Justice has established a broad b ase working group on drafting the Sectorial Strategy 
on Justice. The working group has nearly complete d its work on drafting a comprehensive document 
that will serve as a guideline for all future steps regarding the justice area.  
Part III. Trade Policies and Practices by Measure: (2) Measures Directly Affecting Imports: (i) 
Procedures and documentatio n: paragraph 17, page 31: 
 
The Secretariat Report notes that as at November 2009, 16% of goods passed through the red channel 
and, hence, were subject to inspection at the border.   The report also stated that the percentage is 
coming down but is still considered high by European standards.  
Is Albania undertaking any measures to revise and st rengthen risk assessment and controls in order 
to decrease the percentage of goods subj ect to inspection at the border?  
Answer
: 
 
The percentage mentioned above reflects the total per centage of physical controls effectuated both in 
borders and inland customs houses (not only at the borders).   The objective is to achieve a percentage of 12% for red channel. We are trying to reach this objective 
by: 
o Reviewing and assessing the existing profiles. Creating new profiles based on risk criteria 
witch represent higher risk.  
o Respecting the capacity to effectuate physical c ontrols for each customs offices. Our objective 
is that approximately 1.5 physical controls per day should be effectuated by one customs 
officer (physical examiner). This will lead us to a percentage of 10%.  
o Updating risk profiles based on each customs office requirements, specifics, capacity, etc, and 
creating local risk profiles. 
o Limiting the risk profiles effects based on different variables (for example: value, net weight, 
etc). 
o Effectuating mainly security checks in borders.  
Actually, we perform documentary control over all the declarations submitted in our customs offices. 
In order to facilitate the trade, our objective consis ts on activating the green channel. This means that 
some declarations will not be checked neither documentary or physically.    
Part III. Trade Policies and Practices by Measure: (2) Measures Directly Affecting Imports: (i) 
Procedures and documentation:  paragraph 20, page 31.  
The Secretariat Report notes that "under the Customs C ode (Article 104), when a shipment consists of 
goods with different tariff classification and treatment  and this creates a considerable amount of work WT/TPR/M/229/Add.1 
Page 28  
 
  and expense considering the amount of the import duties to be paid, the customs authorities may 
decide that duties be paid over the entire load under the tariff classification of the goods that have the 
highest tariff rate.  The authorities note that this ra rely happens in practice, i.e. only in cases when the 
value of the cargo is low compared  with the administrative costs entailed in differentiating the goods 
or when the invoice only shows the total value of the consignment." 
The practice of applying a tariff rate to a produc t that is different (and in this case higher) from the 
rate that is set out in a member’s Schedule of Conc essions is in direct contravention of Article II of 
the GATT 1994.  
On what basis is the value of the cargo in a par ticular shipment determined to be low enough, and 
have a large enough administrative burden, for a cust oms authority to use Article 104 of the Albanian 
Customs Code and apply the highest tariff rate  to the entire contents of the shipment? 
Are changes to this legislation being considered in order to bring it into compliance with WTO 
commitments?     Answer
: 
 
The Article 104 of the Albanian Customs Code stands that: "Where a consignment is made up of goods falling w ithin different tariff classifications, and dealing 
with each of those goods in accordance with its tari ff classification for the purpose of drawing up the 
declaration would entail a burden of work an d expense disproportionate to the import duties 
chargeable, the customs authorities may , at the request of the declarant,  agree that import duties be 
charged on the whole consignment on the basis of the tariff classification of the goods which are 
subject to the highest rate of import duty." 
 
This article is the same as Article 81 of EU Customs Code (Council Regulation (EEC) No 2913/92 of 
12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992) and also with 
the Article 115 ("Facilitation of the drawing-up of customs declarations for goods falling under 
different tariff subheadings") of Regulation (EC)  No 450/2008 Of The European Parliament and of 
the Council of 23 April 2008 laying down the Community Customs Code (Modernized Customs Code) – (OJ L 145/1, 4.6.2008).  
Article 81 (115 MCC) 
"Where a consignment is made up of goods falling w ithin different tariff classifications, and dealing 
with each of those goods in accordance with its tari ff classification for the purpose of drawing up the 
declaration would entail a burden of work an d expense disproportionate to the import duties 
chargeable, the customs authorities may, at the requ est of the declarant, agree that import duties be 
charged on the whole consignment on the basis of the tariff classification of the goods which are 
subject to the highest rate of import duty."  
 
We consider that there is no violation or direct  contravention of Article II of the GATT 1994, because 
it is up to the importer of the goods to use either the "traditional way" of declaring the goods according to the proper classifications or to use th e highest duty rate tariff code according to the 
Article 104 of ACC. It is the importer (because it is in the interest of the importer) who calculates the 
costs of preparing/drafting the SAD and comparing t hose costs with import duties to be paid as well. 
Customs authorities are not forcing them in any case to declare to the highest duty rate tariff code. 
They allow this procedure only upon the importer’s request. So the tariff duty rates applied according 
to the tariff code declared are in compliance to the Schedule.  
  WT/TPR/M/229/Add.1 
 Page 29 
 
 
  Albanian Customs Administration is now in the process of drafting the new Customs Code according 
to the Modernized Customs Code of EU, and for the time being this article will still be part of our 
legislation. We do consider it as a trade facilita tion issue and not as a violation of GATT 1994. 
 
Part III. Trade Policies and Practices by Measur e: (2) Measures Directly Affecting Imports: 
(v) Other charges affecting imports: paragraph 43, page 39.  
The Secretariat report indicates that "excise taxes on beer, wine, and other alcoholic spirits are mostly 
lower for smaller producers than larger ones. The au thorities indicated that there are no domestic beer 
producers, and only one wine producer whose producti on is sufficient to require it to pay the higher 
rates of excise tax." 
Although the practice of requiring a higher excise tax for larger producers of beer, wine, alcohol and 
other spirits is not without precedent, the applicati on of excise taxes in Albania for these products may 
be in contravention of Article III of GATT 1994 b ecause it does appear to afford protection to 
domestic production given the smaller scale of the majo rity of Albanian beer, wine, alcohol and other 
spirits producers. 
What basis did Albania use to determine th e maximum production quantity that would allow 
producers of beer, wine, alcohol and other spirits to qualify for the application of the lower excise tax 
rate on their products?    
Answer : 
The rate differentiation for beer, wine and other al coholic drinks was introduced in 2007, changing the 
basic law on excises. This policy had been la rgely consulted with the business community.  
The differentiation of excise tax rate rise the info rmality in the domestic beer production sector, the 
main reason is that no company declares more than  the maximum amount for which the higher rate is 
applied. The government is currently comple ting a concession agreement procedure for a new 
platform of producing and controlling fiscal stam ps on excise goods. According to the new rules, 
fiscal stamp will also apply to beer directly insi de the factory, during the production process. This 
policy is expected to reduce informality in volumes production declaration. 
Part III. Trade Policies and Practices by Measures : (4) Measures Directly Affecting Production 
and Trade: (v) Government Procurement: paragraph 158, page 66:   
The Secretariat report states that, "Albania is not party to the WTO Agreement on Government 
Procurement (GPA); it is an observer to the Ag reement and in October 2001 applied for accession. 
Negotiations, however, have been inactive for several years".  
Could Albania please indicate the reasons why ne gotiations have been inactive for several years and 
when it plans to continue the accession process to the WTO Agreement on Government Procurement?  
 
Answer : 
The Government of Albania is very committed to comply with all its obligations and commitments 
deriving from WTO accession. The Government of Albania has informed the Chair of the GPA 
committee for its position with regard to GPA accession. 
As the new GPA text is still only provisional and negotiations on coverage among the GPA parties are 
still ongoing it is very difficult for an observer and future party to commit itself to something which 
has not yet been formally finalized. In our unders tanding we will have a clearer view on our future 
obligations only after this review process is finalized. WT/TPR/M/229/Add.1 
Page 30  
 
  Part III. Trade Policies and Practices by Measures : (4) Measures Directly Affecting Production 
and Trade: (v) Government Procurement: paragraph 163, page 68:   
The Secretariat Report states that, "Public procuremen t" (PPL) applies to private entities to the extent 
they are involved in a public procurement procedure".  
Could Albania indicate how and to what extent pr ivate entities need to be involved in a public 
procurement to be subject to the PPL?  
Could Albania explain how the involvement of a pr ivate entity in a public procurement is measured?  
Answer
: 
Under the PPL private entities are subject to the la w, only if they operate in utilities sectors and only 
when they have specific or exclusive ri ghts given by a competent authority.  
Part III. Trade Policies and Practices by Measures : (4) Measures Directly Affecting Production 
and Trade: (v) Government Procurement: paragraph 166, page 68:   
The Secretariat Report states that, "There is a tend er security of 2% of the estimated contracted 
value". 
Could Albania please indicate whether all tendering proceedings require a tender security? 
If this is not the case, could Albania please d escribe the conditions under which a tender security is 
required? 
Could Albania please indicate in what format th e tender security is required to be submitted?  
Answer : 
Yes, under the PPL, all tender proceedings require a tender security. Tender security shall have the 
form of a deposit or guarantee, issued from a bank or  any company licensed by the State to deal with 
this issue.  
Part III. Trade Policies and Practices by Measures : (4) Measures Directly Affecting Production 
and Trade: (v) Government Procurement: paragraph 168, page 68:   
The Secretariat Report states that, "The PPL and its regulations mandate the establishment of 
minimum and maximum monetary thresholds for procurement purposes […]".  
Could Albania elaborate more on the purpose of se tting a maximum threshold and clarify the different 
rules that apply when the maximum threshold is exceeded?  
Answer : 
The maximum threshold is set up to categorize pr ocurement procedures in national procedures and 
international procedures. If the estimated value of the contract is above the maximum threshold, the 
procedure will be international one. In this case th e Contracting Authority, should prepare and publish 
the relevant standard tender documents not only in  Albanian, but also in English and the contract 
announcement should be published not only in Al banian Procurement Bulletin, and Public 
Procurement Agency website, but on at least one news paper of European distribution, giving in this 
way more facilities to the international compani es, to participate in procurement procedures 
performed in Albania.  WT/TPR/M/229/Add.1 
 Page 31 
 
 
  Part III. Trade Policies and Practices by Measures : (4) Measures Directly Affecting Production 
and Trade: (v) Government Proc urement: paragraph 175, page 69: 
The Secretariat Report states that, "Time limits of […] 30 days for tenders with a value between the 
minimum and the maximum threshold (for open pro cedures performed by electronic means the time 
limits are reduced to seven days)".   
Considering that Albania has applied for accessi on to the GPA, could Albania please confirm 
whether and, if so, when it intends to bring its tim e limits into compliance with GPA obligations?  
Answer : 
Please see our answer to the question 9. 
Part III. Trade Policies and Practices by Measures : (4) Measures Directly Affecting Production 
and Trade: (v) Government Proc urement: paragraph 176, page 70: 
The Secretariat Report notes that, "Albanian legisl ation contains provisions for the evaluation and 
rejection of abnormally low tenders".  
Could Albania elaborate on the provisions for the rejection of low tenders, including how Contracting 
Authorities judge a tender to be "abnormally low"?  
Answer : 
A tender must be considered abnormally low when its  discount on the contract  limit value (in terms 
of percentage) is above a fifth of the arithmetical average of discounts of all regular economic offers. 
In calculating the abnormally low threshold the eval uation commission must consider and verify the 
price of each item in which the whole offer is composed.  
If, for a given contract, one or more tenders appear to  be abnormally low in relation to the goods, 
works or services, CA shall, before they may rej ect those tenders, request in writing details of the 
constituent elements of the tender. Those details may relate in particular to: 
 
(a) the economics of the construction method, the manufacturing process or the services  provided; 
(b) the technical solutions chosen and/or any ex ceptionally favourable cond itions available to the 
 tenderer for the execution of the work, for the supply of the goods or services; (c) the originality of the work, suppli es or services proposed by the tenderer; 
(d) compliance with the provisions relating to employment protection and working conditions in 
 force at the place where the work, service or supply is to be performed. 
 
CA shall verify those constituent elements by cons ulting the tenderer concerne d, taking account of the 
evidence supplied. If, after examining the elements pr ovided by the tenderer, CA are not satisfied that 
the tender is regular in all relevant aspects, CA may reject it. 
 
Part IV. Trade Policies by Sector, Legal Services: paragraph 112,  pages 103-104:   
  
Could Albania consider taking market access commitments in legal services for modes 1, 3 and 4 for Foreign Legal Consultants advising on intern ational public law, including removing any 
citizenship/residency requirements applicable as this activity is on a temporary basis only? 
 
Answer
: 
 Law No. 9109, dated 17.7. 2003 "On the legal profession in the Republic of Albania", as amended, 
(Article 36) provides that a foreign citizen ma y exercise the legal profession in the Republic of 
Albania if he meets the requirements set by this law for the Albanian citizens and after entering the 
qualification examination in the Albanian language. According to this article, rules on issuing the WT/TPR/M/229/Add.1 
Page 32  
 
  license on exercising the legal profession by a fore ign lawyer are determined by the National 
Chamber of Advocates.  These rules apply on the cases where a foreign lawyer intends to exercise the 
legal profession in the Republic of Albania, wh ich includes to only consulting activity but also 
representation before court, being registered to a chamber of advocates and all other requirements 
provided for Albanian citizens exercising this profes sion. These rules do not seem to refer to a limited 
in time and matter activity. As regards temporar y activities limited to consulting (not representing 
before a court) by foreign lega l consultants advising on internatio nal public law, Law No. 9109, dated 
17.7.2003, does not make any referral or put any limitations. Albanian practice demonstrates for 
foreign legal consultants advising on international public law without any citizenship or residency 
requirements. They exercise consulting attached to existing local chambers of advocates or to 
organization or institutions assisting the latter with advice on public international law.  
 Amendments to Law No. 9109, dated 17.7.2003 "On th e legal profession in the Republic of Albania", 
as amended, are not included in the near plans (leg islative plan for year 2010) of the Ministry of 
Justice. But, if necessary/required or proposed by the National Chamber of Advocates, the Ministry of 
Justice is willing to draft amendments deemed relevant. 
 
QUESTIONS FROM THE EUROPEAN UNION 
 
Report by the Secretariat (wt/tpr/s/229) 
Summary 
Page vii, paragraph 5  
The Secretariat report states, for example in paragr aph 5 of the Summary, that Albania has reduced its 
government debt. In fact, in 2009 Albania's public debt was at 59.63% of GDP as compared to 
54.77% in 2008 and 53.48% in 2007.  
 
Answer
: 
 The path of reduction of the public debt can be easily envisaged from the data, at least for the last 
decade, macroeconomic stabilization being one of th e key objectives of public finance policies. The 
year 2009 was an outer year because of the fiscal stimulus package of the government in response to 
the adverse impacts of the global crisis. This policy increased public investments, partly financed by 
privatization receipts and partly by foreign bo rrowing. From 2010, the authorities are again on a 
stabilization path; given the fact that the objective for 2013 is to bring down public debt to 54% of 
GDP, which is even lower than the maximum leve l stated in the law (the organic law for budget 
management determines the maximum level of  total public debt at 60% of GDP). 
 
II. TRADE POLICY REGIME (3) TRADE REGIME 
Page 25, paragraph 31  
Is Albania currently negotiating or entered into  a commitment to negotiate any new economic 
cooperation agreements?   
 
Answer
: 
 
Albania is under negotiations the new agreemen t with the Union Emirates Arabia for economic, 
technical and commercial cooperation and the new agreement with Bosnia and Herzegovina for 
economic cooperation. 
  WT/TPR/M/229/Add.1 
 Page 33 
 
 
  III. TRADE POLICIES AND PRACTICES BY MEASURE 
(2) M EASURES DIRECTLY AFFECTING IMPORTS 
(ii) Customs Valuation   Page 33, paragraph 27  
We have noticed that for some products like tile s the Customs Authority sometimes uses virtual 
minimum values to calculate tariff imports. Under the WTO Customs Valuation Agreement, any measure or mechanism that applies, or results in, the application of minimum values or prices is not 
allowed. 
 
What steps has Albania taken to eliminate the use of minimum values? 
 
When will this practice be abolished?    
 
Answer
: 
 
Valuation of goods for customs purposes is based on: 
• The Customs Code of the Republic of Albani a, Law No. 8449, dated 27.01.1999 (Chapter 3 
Articles 33 to 40),  
• The Implementing Provisions of the Customs C ode, DCM No. 205, dated 13.04.1999 (Title I 
Chapter 2, Title VI Chapter 1, Chapter 2, Chapte r 3, Chapter 4, Chapter 5 and Chapter 6), and  
• Guidelines of the Minister of Finance No. 25 dated 30.11.2007.  
 
The Customs Code and the Implementing Provisions ar e drafted and prepared in full compliance with 
the WTO requirements (GATT Agreement, Article 7).8  
                                                      
 8 Article 34. 
1. The Customs value of imported goods is the transacted value whic h is the price actually paid or that must be paid for goods sold for 
export to the territory of the Republic of Albania, taking into consideration the ad justments that can be made in accordance wi th Articles 37 
and 38, provided that:   a) there is no restriction, alienation or use of  goods by the buyer, except for restrictions that:  
   i) are defined or stipulated by law or by  the public authorities of the Republic of Albania, 
   ii) do not substantially affect the value of goods.   b) the sale or price are not a subject of the conditions or re vision, because of which, the cu stoms value of the goods that 
  should be valuated, cannot be defined;  
 c) no part of the income obtained from any re-sale, aliena tion or subsequent use of goods by the buyer, shall be given 
  directly or indirectly to the seller except for the case when a necessary amendment may be made in compliance with 
  article 37; and  
 d) the buyer and seller are not related, or when the buyer a nd seller are related, the transacted value must be acceptable 
  for customs purposes, following paragraph 2.  2. a) To determine whether the transacted  value is acceptable for the purposes as provi ded for in paragraph 1, the fact that 
  the buyer and seller are related, does not represent in its elf a sufficient reason to consid er the transacted value as 
  unacceptable. If necessary, the circumstances of the sale are examined and the transacted  value is accepted, unless the 
  relation has affected the price. If, on the basis of info rmation provided by the declarant or received from other  
  sources, the customs authorities have reason to think that this relation has influenced the price, they communicate the 
  reasons to the declarant who is given a reasonable opport unity to respond. Upon the request of the declarant the  
  reasons are provided in a written form.  
 b) In a sale between related persons, the transacted va lue is accepted and the goods are evaluated in compliance with 
  paragraph 1, only when the declarant proves that this value is considerably approximate to  one of the following values 
  that exist in the same time or roughly in the same time: 
  i) the transacted value in case of  selling identical or similar goods intend ed to be exported to the Republic of 
   Albania, between buyers  and selle rs who are not related in any case,  
  ii) the customs value of identical or si milar goods, as defined in Article 35 (2) (c), 
  iii) the customs value of id entical or similar goods, as defined in Article 35 (2) (d). 
In implementing the above criteria, consider ation should be given to differences rela ted to commercial levels, quantitative lev els, elements 
listed in Article 37 and costs incurred by th e seller in those sales, in which he and the buyer are not related, if these costs  are not incurred by 
the seller on those sales where se ller and buyer are related.  
 c) The criteria set out in subparagraph (b) are used upon th e request of the declarant and only for comparison purposes. 
  The subparagraph in question, does not provide for replacement value.  
3. a) The price actually paid or that must be paid for the im ported goods is the complete payments made or to be made by 
 the buyer to the seller, or to the bene fit of the latter which includes also all payments made or to be made, by the 
 buyer to the seller, or by the buyer to a third party, to settle a liability of the seller, as a condition of selling imported  WT/TPR/M/229/Add.1 
Page 34  
 
  The first and basic valuation method for customs goods is the transaction one as stipulated in 
Article 34 of the Customs Code. Valuation of goods  for customs purposes is not done with minimum 
prices, as they do not exist in the Albanian customs system.   The Last method for the valuation of goods is that  of "Available Data". Available data are those 
obtained from reliable sources such as "Reuters ", "Platts", "Metal Bulletin", "Tec–Doc", 
"Quattroruote", "London Metal Exhange", etc. in order to consequently avoidi  arbitrarily. The use of 
the "Available Data" (References), as a method of valuation of the customs goods, has consistently 
been characterized by a decline.  (viii) Technical regulation and standards Page 48, paragraph 69  
 
Since the Albanian accreditation body is already a memb er of IAF, last sentence should be changed as 
follows: "The Albanian Directorate of Accreditation is an associated member of ILAC and a member 
of IAF, and has memorandum of cooperation with its homologous institutions in Greece, Romania, 
and Kosovo, Montenegro, and FYROM." Confirmed.  
 
(2) M EASURES AFFECTING PRODUCTION AND TRADE  
(v) Government Procurement Page 67, paragraph 159 
 
How does Albania intend to further develop its public procurement system?   
 
Answer
: 
 
By the end of 2009, some amendments have been made to the Law No. 9643, date 20.11.2006 "On public procurement" (Law No. 10,170 of 22 Oct ober 2009). These amendments  established an 
independent review body to investigate the compla ints of economic operators, to add precision on the 
scope and use of framework agreements, and to broa den the scope of the Procurement Law to include 
a separate chapter on procurement in utility sectors (water, energy, transport, and postal services), 
reflecting EC Directive 2004/17. On these bases a Decision of Council of Ministers No. 184, date 
17.03.2010 as been adopted, to regulate the functio n of the independent review body, named by the 
law The Public Procurement Commission. At the sam e time, has been prepared some amendments to 
the procurement rules (secondary legislation in for ce), which will reflect the changes in the Law, 
mainly regarding the utilities sectors and framework  agreement, which are new areas in Albanian 
procurement system. These changes sing essential developments in procurement system.  
Furthermore in the framework of IPA Programme  2008, the Public Procurement Agency is the 
beneficiary of a twining project, the objective of which is to assist in  the achievement of EU standards 
according to the obligations determined in the framework of the Stabilization and Association 
Agreement in the areas of public procurement, c oncessions and public auctions in Albania. In the 
framework of this project, among others, it has been  foreseen an assessment of the current degree of 
approximation of the Albanian legislation in th e abovementioned areas, as a result of which the 
                                                                                                                                                                    
 
 goods. The Payment may not necessarily be made in the fo rm of money transfer. Payment can be made through credit 
 cards or any other means as agreed upon, either as a direct or indirect payment. 
 b) activities, including marketing activ ities, undertaken by the purchaser for hi s own account and which differ from the 
 activities provided for by Article 37 , are not considered as an indirect payment made to the seller, even though they 
 may be considered to benefit the seller or they have b een undertaken upon agreement with the seller, therefore, when 
 determining the customs value of imported goods, their cost is not added to the price really paid or to be paid. If the 
 definition of customs value of goods cannot be made base d on the first method, then alternative customs valuations 
 can be applied, according to the order as stipulated by the law. (Identical goods, similar goods, calculated value, 
 available data file).  
  WT/TPR/M/229/Add.1 
 Page 35 
 
 
  relevant recommendations will be provided in re lation to further approximation to the European 
Legislation in this respect. 
 
Page 68, paragraph 181  
Could Albania elaborate further how it ensures an eff ective remedies system fo r aggrieved bidders?   
 
Answer
: 
 
With regard to the administrative review of  the economic operators’ complaints on public 
procurement, the Albanian public procuremen t Law No. 9643 of 20.11.2006, as amended, is 
approximated with the Council Directive 89/665/EEC,  of 21 December 1989, on the coordination of 
the laws, regulations and administrative provisions re lating to the application of review procedures to 
the award of public supply and public works contracts, as amended.  
 
The law on public procurement stipulates for appeals to be filed initially at the contracting authority 
that has conducted the specific procurement pro cedure and later at the Public Procurement 
Commission. This commission was established by the Law No. 10 170 of 22.10.2009 "On Public 
Procurement", as amended, and will start exercising its activity 4 months after its establishment. 
During this 4 - month period the review of appeals shall be carried out by the Public Procurement 
Agency.   Any person having or having had an interest in obtai ning a public contract and who has been or risks 
being harmed by a decision taken by a contracting authority  which infringes the public procurement 
law, may challenge such decision. 
 Upon receiving the complainant’s written objection,  the contracting authority shall suspend the 
ongoing contract award procedure until the complaint is  fully examined and a decision is taken before 
the expiry of the legal 7 - day time-limit.  
If necessary, the contracting authority extends the time-limit of the contract award procedure for the 
period of suspension. In case the time limits of the contract award procedure notified to the tenderers 
are changed due to consideration of objections, the contracting authority must notify all tenderers on 
the reasons for the extension of the time-limits.  
The contracting authority must examine the appeal a nd take a justified decision within 7 days after the 
receipt of the complaint and must inform the compla inant of the taken decisi on not later than on the 
next working day. If the contracting authority fails  to examine the appeal within the specified time-
limit or rejects it, the complainant may file a wr itten appeal with the Public Procurement Commission 
within 7 days from the first working day after the e xpiry of legal time-limit or, in case the appeal filed 
in the first instance is rejected by the contr acting authority, from the day the complainant was 
informed thereof by the contracting authority. A written copy of the appeal must be sent to the 
contracting authority.   The appeal filed at the Public Procurement Comm ission is done using the standard form where are 
noted down the name and address of complainant, refe rence of the specific procedure, legal basis and 
description of the violation, the objection of the comp lainant with regard to the final decision, instance 
of review, accompanied by the relevant documents and the decision of the contracting authority. The 
abovementioned elements are indispensible for the review of the appeal. The commission reviews the 
appeal in compliance with the public procurem ent Law (No. 9643 of 20.11.2006, as amended), the 
Administrative Procedures Code and public procur ement rules (Decision of Council of Ministers No. 
1 of 10.01.2007, as amended). Failure to follow th e review instances makes the request invalid.   
 WT/TPR/M/229/Add.1 
Page 36  
 
  Upon receiving the complainant’s written appeal, th e contracting authority suspends the ongoing 
contract award procedure, unless the Public Procurement Commission takes a different decision. When receiving that the appeal was filed with th e Public Procurement Commission, the contracting 
authority immediately sends the relevant information to this Commission.   
Upon receipt of the written appeal of the complainant, the Public Procurement Commission provides a 
written response within 7 days. When for the review  of the complaint it is required information from 
the contracting authority, the Commission replies in writing but no later than 20 days.  
 According to the latest changes in Albanian proc urement legislation, a new independent review body 
has been established. It is the hi ghest body in the procurement area that reviews appeals related to 
procurement procedures. The Public Procuremen t Commission is a public legal person, of 
administrative character,  reporting to the Council of Ministers and finances by the State Budget. The 
commission is a collegial body and consists of 5 members.  
 
(vi) Intellectual Property Rights 
Page 72, paragraph 189-190 
 
Could Albania outline in detail its activities to strengthen the implementation of IPR?  
 
Answer
: 
 
In order to strength the implementation of industr ial property rights in the Albanian are taken the 
follow measures:  1.  The harmonization of legislation in the field of industrial property with Aquis Communitaire;  
2.  The membership to International Ag reements as part of SAA and Annex V;  
3.  Changes to the Criminal Code, which is necess ary for prediction of criminal sanctions in case 
 of violation of industrial property rights. For this reason, GDPM has suggested that the 
 violation of industrial property rights as a crime provided by the Albanian Penal Code, 
 referring to Article 61 of the Trips Agreement' s (Criminal Proceedings) and EU legislation;  
4.  The GDPM structural changes during 20 07, in accordance with NPISAA-in and SAA; 
5.  The elaboration of the National Strategy for Intellectual Property Rights,will consist in:  
 
• Full implementation of the national law with "Acquis Communautaire"; 
• Full harmonization of the Criminal Code w ith the legal provisions Art 61 of TRIPS 
Agreement, with relation to the Industrial Property Rights;  
• Implementation of the Annex V of SAA on Interna tional Agreements in the field of Industrial 
Property Rights;  
• Establishments of a new structure, which is  Market Survey Inspectorate for Intellectual and 
Industrial Property;  
• Structural changes to DGPT;  
• The training of the Administrative capacity;  
• Public information on Intellect ual and Industrial Property;  
• Consumer awareness regarding the Intellectual and Industrial Property.  
  What is the expected timeline for the adoption, and for implementation, of the National Strategy on 
Intellectual Property?    
Answer
: 
 
The work is underway for the development of a new national strategy and other related instruments, 
which are expected to be endorsed by the Council of Ministers by the end of May 2010. The scope of  WT/TPR/M/229/Add.1 
 Page 37 
 
 
  the NS is to ensure a level of protection of IP ri ghts which is similar to that of the European Union 
countries. Such goal, in accordance with SAA, shall be pursued through the harmonization and 
implementation of the legal framework and of th e administrative capacities of the Intellectual and 
Industrial Property Rights system. Its implementa tion will start from June 2010 to June 2015, the 
estimated time duration to meet all the recommendations  VI. trade policies by sector Page 85, paragraph 14  
 
The text in bold and underlined is  incorrect and should be deleted: 
 
"…Approximation with EU law will also require the establishment of a rural development directorate 
in the MAFCP, which must be accredited by the EU
 and will be responsible  for developing the 
policies and programmes for the use of rural development funds."  Confirmed.  
 (4) S
ERVICES  
Page 88   
 
Is Albania currently negotiating or entered into  a commitment to nego tiate any new services 
agreements?   
 
Answer : 
 
Albania is not negotiating any bilateral agreement fo r trade in services with any country, nor has it 
recently entered into a commitment to negotiate a ny new services agreement. However, pursuant to 
Article 29 of the CEFTA Agreement, Albania has entered into a commitment, along with all CEFTA 
countries, to launch negotiations with the aim to ac hieve progressively a high level of liberalization in 
accordance with Article V of GATS. The commitment s undertaken further to such negotiations shall 
form an integral part of CEFTA Agreement. Howeve r, there are no specific results yet in this regard. 
 Could Albania provide information on the situation in the postal and courier market with regard to 
current level of liberalisation, regulatory oversight in place and the competitive situation in those 
areas that are not reserved?  
 
Answer
: 
Postal Services in the Republic of Albania are re gulated according to the  Law No. 8530, dated  
23.09.1999, "On Postal Services in the Republic of  Albania", amended with the Law No. 9223, dated 
29.04.2004 "On some amendments and additions on Law No. 8530, dated 23.9.1999, "On Postal 
Services in the Republic of Albania", amended w ith the Law No. 10132, dated 11.05.2009,"On some 
amendments and additions on the Law No. 8530, da ted 23.09.1999, "On the Postal Services in the 
Republic of Albania"" amended".  
The regulation consists on the protection of the users interests, on the inssuring of  their equal 
treatment and the promoting of the fair, free and e ffective competition too, that brings the continuous 
improvement of the quality of the services.  
The laws mentioned above are prep ared in conformity to the postal directives: Directive 97/67/EC as 
amended by Directive 2002/39/EC.  
In the Republic of Albania postal service market no t reserved is fully liberalized. Postal services 
provides can operate free in this market obtaining a  license. If they want they can provide universal 
services out of reserved area in all the country or in one or more regions. Actually there are 11 WT/TPR/M/229/Add.1 
Page 38  
 
  operators offering postal services in the market. Al banian Post is the public operator, 100% state 
owned company with the right of reserved areas. Actually within Policy Paper Document for Postal Services in Republic of Albania, approved by Com 
decission Nr. 539, dated 01.08.2003, are defines th e deadlines on the gradual liberalization of the 
postal market.  
Year 2004, reserved areas encludes the items up to 100 grams and with the limit price 3 times of the 
public tariffs items that belongs to the lowest we ight of the fast category if there are such of 
categories. Year 2006, reserved areas encludes the items up to 50  grams and with the limit price 2.5 times of the 
public tariffs items that belongs to te lowest weight of the fast category if there are such of categories. 
Despite of these definitions up to now we are at the limits defined  in the Decision of Council of 
Minister No. 788 dated 26.11.2004 " On definition of tariffs and weight of reserved services for 
public postal operatior".  
The latest amendments in the Law on posta l services made with the Law No. 10132, dated 
11.05.2009, separate policymaking functions fro m regulatory ones, passing the postal services 
regulatory functions to AKEP.  
The Minister responsible for postal services is th e policemaker and follows the implementation of 
goverment Policy for postal services through Directorate responsible for postal services.  Based on recent ammendments of Postal Law, the regualtory body,  AKEP is working to establish the 
relevant structure and to adopt the respective re gulatory framework on postal services. The structure 
will be approved during 2010 from th e Parliament and the respective regulatory framework will be 
prepared also during 2010. 
 
Page 103-104, paragraph 112 
Could Albania clarify whether a foreign law firm established in Albania could recruit local qualified 
lawyers or partner or associate with local qualifie d firms or lawyers to render legal services other 
than consultancy, such as representati on before the court or arbitration? 
Answer
: 
Foreign law firms established in Albania may r ecruit local lawyers to render services such as 
representation before courts. Local lawyers may exercise their profession freely as long as they meet the legal requirements for exercising the profession a nd are registered within a chamber of advocates. 
If they fulfil legal requirements for exercising the le gal profession they can exercise it individually, by 
establishing their own legal office, with partners or working for different institutions, local or foreign 
organizations or firms. Therefore, foreign law firms may recruit a local lawyer and in that case the 
latter would exercise normally his profession the same  as he would do whether on his own or with 
partners, including representation before courts. In cases involving the law firm, lawyers may present 
before a court as representatives of firm. As regard s partnership and association, this would follow the 
local rules on the establishment of companies which do not forbid such kind of partnerships. 
We understand the reference in the penultimate sentence of paragraph 112 should be to international, 
rather than national law. 
Answer
: 
 
The reference in the penultimate sentence of pa ragraph 112 should be to international law. 
  WT/TPR/M/229/Add.1 
 Page 39 
 
 
  II. TRADE POLICY REGIME: FRAMEWORKAND OBJECTIVES 
(3) TRADE  REGIME 
(II) R EGIONAL TRADE AGREEMENTS  
WTO Secretariat's report, page 21, para. 35 
 
The report indicates that " Albania has trade and economic coopera tion agreements in force with:  
Argentina, Austria, Bulgaria, China, Croatia, th e Czech Republic, Egypt, France, Germany, Greece, 
Israel, Italy, FYRM, Malaysia, the Netherlands, Po land, Romania, Russia, Serbia and Montenegro, 
Switzerland, Turkey, Ukraine, the United States, and Uruguay". 
 The EU would like to draw the Secretariat's atten tion to the need to modify the wording of this 
sentence as it could lead to confusion. EU Memb er States do not have trad e and economic cooperation 
agreements with Albania. Howeve r, Albania has bilateral agreemen ts on "Reciprocal Protection and 
Promotion of Investments" in force with Austri a, Belgium, Luxembourg, United Kingdom, Bulgaria, 
Czech Republic, Denmark, Finland, France, German y, Greece, Hungary, Italy, Lithuania, Poland, 
Romania, Slovenia, Spain, Sweden, Netherlands and Portugal.   
Comment
: 
 After the SAA all trade as pects are governed by the provisions of this agreement. However, in some 
cases the name of the agreements may still be "t rade and economic coopera tion" although the articles 
related to trade are amended accordingly.  
 
Albania's report, page 12, para. 50 
 
The report refers to Albania's free trade agreements  with Bulgaria and Romania. In light of EU 
Enlargement, these agreements are no longer applicab le since 1 January 2007. Therefore, we would 
suggest Albania to include such reference in the text  for the sake of accuracy and in order to avoid any 
misunderstanding.  
Answer
: 
 Yes, this is right although this is created becau se of the historical presentation of trade policy in 
years. However, we will add a footnote to clarify this. 
 III. TRADE POLICIES AND PRACTICES BY MEASURE (3) MEASURES
 DIRECTLY  AFFECTING  EXPORTS 
(iv) Duty and tax concessions, including subsidies 
WTO Secretariat's report, page 53, para. 95 and page 63, para.141 
 
The report notes that Albania's law on State aid authorisation and monitoring does not cover 
agriculture and fisheries but it does not explain the reasons behind it.  
Could Albania explain why this Law does not co ver agriculture and fisheries, and where the related 
authorisation and monitoring is actually covered?  
 
Answer : 
 
The application of state aid rules in agriculture and fisheries, has a specific and essential importance 
for the European Union, which is expressed in the maximum aid intensity permissible (2, 5% of sector 
GDP), or "De minimis" aid up to 30000 Euro for th ree consecutive years (compared to other sectors, 
where up to 200000 Euro may be granted as "De minimis" aid).  
 WT/TPR/M/229/Add.1 
Page 40  
 
  During the transitional period, the control of state ai d in agriculture and fisheries in Albania is not 
carried out by Albanian state aid structures, as the Law No. 9374, dated 21.4.2005 amended, provides for all other sectors. This exemption is also enshri ned in Article 71, Section 8 of the Stabilisation and 
Association Agreement. 
 However, detailed regulation and control over these sectors is sti pulated in the Stabilisation and 
Association Agreement, in Chapter II, Title IV "Agr iculture and Fishing" and related Protocol 2. The 
institution responsible for monitori ng and reporting data on the agricultu ral market in Albania, and for 
the fulfilment of respective SAA obligations, including state aid rules, during this transitory period, is 
the Ministry of Agriculture, Food and Consumer Protection.  
 
IV. TRADE POLICIES BY SECTOR 
(2) AGRICULTURE
 AND  AGRI-FOOD  SECTOR 
Albania's report, page 20, para. 107-108 and WTO Secretariat's report, page 35, Table III.2  
It appears from Albania's report that trade in fish and fishery products (and related issues) is included 
in the agricultural section.  However, this is a pparently contradicted by the report of the WTO 
Secretariat, Table III.2, which clearly puts fi sh and fishery products under the non-agricultural 
products' classification. 
Could we have clarification from Albania regarding its classificati on of fish and fishery products?   
Answer
: 
 
The HS code for fish and fishery products fall under chapters 01-24 of the HS nomenclature. The 
inclusion of fish and fishery products under agri cultural products specified in the Government report 
is given just for providing the tariff rate without an y intention to create confusion. However, Albania 
confirms that the classification for fish and fisher y products is compliant to the WTO classification, 
Annex 1, Agreement on Agriculture.  (4) S
ERVICES  
(v) Professional services WTO Secretariat's report, page 103, paragraph 111-112 
 
The report notes that all foreign citizens may practi se law in Albania if they meet the conditions 
required of Albanian citizens, including passing the same qualification examination in the Albanian 
language.  The market access limitations d escribed in paragraph 112 are not clear.  
 
Could Albania confirm whether only Albanian c itizens who are attorneys-at-law and notaries who 
reside in Albania may practise law (i.e. may rend er legal services?) or  is it correct that Albanian 
citizens and attorneys-at-law and notaries who reside in Albania (also foreign citizens) may practise 
law?  Grateful if Albania could clarify the discrepancy in para 111 and 112 and the difference 
between "may practise law" and "may render legal services".  
 
Answer
: 
 
In the framework of the provisions of law "On the legal profession in the Republic of Albania", it is 
possible not only for Albanian citizens, but also for foreign citizens who reside in Albania to practice 
law. As stated in the law, the foreign citizens sh all meet the same criteria provided for the Albanian 
citizens including passing the same qualificati on examination in the Albanian language. 
 
As regards the wording "may practice law" and "m ay render legal services", the first refers to 
exercising the legal profession which does also incl ude practicing before a court, whereas rendering  WT/TPR/M/229/Add.1 
 Page 41 
 
 
  legal services would be most appropr iate for services such as legal advice and consulting. The use of 
the term "may practice law" is more appropriate and generalist as regardi ng questions regarding the 
exercise of the legal profession and refers to a l ong term situation such as a permanent exercise of the 
profession while "rendering legal services" would seem to suggest a rather temporary situation or the 
sporadic rendering of legal services. 
 
QUESTIONS BY JAPAN 
III. TRADE POLICIES AND  PRACTICIES BY MEASURE 
(4) Measures affecting production and trade 
(iv) Incentives and other government assistance 
 
Question 1: page 63, paragraph 141 
 
According to the Secretariat’s re port, the Law No. 9,374, which governs state assistance to private 
economic activity, is not applied to state aid grante d to agriculture and fisher ies. Please explain the 
reason for this exception.   Answer
: 
 
The application of state aid rules in agriculture and fisheries, has a specific and essential importance 
for the European Union, which is expressed in the maximum aid intensity permissible (2, 5% of sector 
GDP), or "De minimis" aid up to 30000 Euro for th ree consecutive years (compared to other sectors, 
where up to 200000 Euro may be granted as "De minimis" aid).   
During the transitional period, the control of state ai d in agriculture and fisheries in Albania is not 
carried out by Albanian state aid structures, as the Law No. 9374, dated 21.4.2005 amended, provides for all other sectors. This exemption is also enshri ned in Article 71, Section 8 of the Stabilisation and 
Association Agreement. 
 However, detailed regulation and control over these sectors is sti pulated in the Stabilisation and 
Association Agreement, in Chapter II, Title IV "Agr iculture and Fishing" and related Protocol 2. The 
institution responsible for monitori ng and reporting data on the agricultu ral market in Albania, and for 
the fulfilment of respective SAA obligations, including state aid rules, during this transitory period, is 
the Ministry of Agriculture, Food and Consumer Protection.  
 
IV. TRADE POLICIES BY SECTOR 
(4) AGRICULTURE AND AGRI-FOOD (v) Domestic Support Measures 
 
Question 2: page 87, paragraph 25 
 According to the Secretariat’s report, non-produc t specific AMS had increased in the year from 2000 
to 2008. Please explain the detailed reasons for this increase.  
 Answer
: 
 
From the year 2000 till 2008 the support provided  to producers for non-product-specific AMS has 
been given in two forms:  
 a) Water for irrigation at subsidized rates provided to producers (2000-2007)   b)  Plant Trees (2007-2008).   WT/TPR/M/229/Add.1 
Page 42  
 
  This support aims: 
- To increase the cultivated areas with plant trees and their production - To orient the development of plant trees - To realize the sorts and varieties divisi on zones based on the pedo-climatic conditions; 
- To specialize the agriculture zones and micro- zones in accordance with the priorities of the 
 agricultural development; 
- To promote the local quality seedling production with the varieties structure suitable to the  country conditions and meeting with the EU standards; - To fulfill the consumer’s needs with the local  production based on the EU standards and to 
 have potential export possibilities; 
 
The sustainable growth and the in crease of surfaces (areas) of plant tr ees, in a competitor market with 
real perspective and potential for the future of Albani a, is one of the first priorities of our government 
for agriculture.  The general objective of government  for domestic support is to improve the condition 
for increasing the revenues of farmers and to make them better off. 
 
QUESTIONS BY MEXICO 
 
WT/TPR /S/229  
 
IV. Políticas y prácticas comerciales por medidas/   2) medidas que aectan directamente a las 
 importaciones  / viii) reglamentos técnic os y normas / a) reglamentos técnicos 
 En el párrafo 70, se menciona que Las actividades equivalentes a la verificación y vigilancia, se 
realizan a través del Departamento de Vigilancia de  Mercados del Ministerio de Economía Comercio 
y Energía, basada en la evaluación de riesgos, co ntroles aleatorios y muestreos realizados por 
laboratorios acreditados. ¿Podrían proporcionar mayor información en relación al grado de control 
o vigilancia que, sobre éstos, mantiene la Auto ridad gubernamental a fin de evitar desviaciones?. 
 
Answer
: 
Concerning industrial products falling under METE responsibility, in the course of 2009, there have 
been a total of 24 temporary ban of electronic hom e appliances such as: air conditioners, aspirators 
etc. due to lack of CE marking and/or conformity declaration. During that year from Central 
Technical Inspectorate were found approximately 84 da ngerous products on the ma rket. In all of these 
instances there was cooperation with the entities which got convinced to start immediate withdrawal 
from the market of these products. Subsequent check s in these entities proved that they had indeed 
implemented the measure, and hence these products were no longer in the market. 
 
IV. Políticas y prácticas comerciales por medidas/  4) medias que afectan a la producción y al 
comercio  / ii) Derechos de la propiedad in telectual / b) Marco jurídico e institucional 
 
En el párrafo 201 se indica la protección hacia la s Indicaciones Geográficas de un producto. Sin 
embargo, desearíamos saber si las denominaciones  de origen extranjeras, reconocidas por algún 
Acuerdo Internacional, están sujetas a algún pro cedimiento legal, pago de derechos o remuneración. 
De la misma manera, estamos interesados en c onocer si una indicación geográfica pueda coexistir 
como marca y de ser posible, explicar los requisitos.  
 
Answer : 
 The question related to the paragraph 201 the protec tion of GI’s for a product foreign name should be 
registered in Albania in the conformity with th e Law No. 9947  under the Article 3 " Application of  WT/TPR/M/229/Add.1 
 Page 43 
 
 
  Law"9, the applicant will benefit with the regard of protection of intellectual property  the national 
treatment  established in Art.3 of TRIPS.  
IV. Políticas y prácticas comerciales por medidas/  4) medidas que afectan a la producción y al 
comercio  / ii) Derechos de la propie dad intelectual / b) Marco Jurídico  
• Con respecto al tema de obtención de vegetales,  la delegación de México quiere realizar las 
siguientes observaciones: 
En el Cuadro III.9 en la página 90, acerca de Aspect os Generales de la Propiedad Intelectual, en la 
sección sobre Nuevas Obtenciones Vegetales se indica  que la duración de la patente es de 5 años
 a 
partir de la fecha de presentación de la solicitud.  Sin embargo, de acuerd o al Articulo 23 de la 
Ley 8.880, se establece que la duración del título de obtentor  será de 25  años  para árboles frutales, 
arbustos y plantas ornamentales, y 20  años para los demás cultivos, c ontados a partir de la fecha de 
solicitud. Nos gustaría que se realice la enmienda pertinente.  
 
Answer : 
 Related to the Law No. 9947 dated 07 July 2008 "O n Industrial Property" Chapter VXI is provided an 
additional protection for medicinal pr oducts and plant products time of protection 5 years. Patent 20 + 
5 years (Certificate) in our answer we have reflected the additional term of protection referring to the Law No. 9947.   
 
De la misma manera, en la Ley 8.880 se menciona al  título de obtener como "patente", lo cual puede 
prestarse a confusión. Dado lo anterior, desearí amos saber la razón de utilizar la misma 
denominación que en el caso de propiedad industrial, cuando se trata de marcos jurídicos, objetos y 
naturaleza distinta.   
 
Answer
: 
 
• General Directorate of Patents and Trademarks is re sponsible for the implementation of the 
Law No. 9947 dated 07 July 2008 "On Indus trial Property" and for the International 
Agreement for the Protection of New Plant Products (UPOV).  
 
• The Ministry of Agriculture and Food is r esponsible for the implementation of the Law 
No. 8880 dated 15.04.2002 "On breeders’ rights of plants" the term of protection is 25 years.  
 
En el párrafo 204 se indica el marco jurídico que rige al sistema de protección al derecho de 
obtentor. ¿Podrían indicarnos la Autoridad Naci onal correspondiente para su administración?  
 Nos gustaría conocer si Albania mantiene la lista original de 22 especies que son protegidas de 
acuerdo a la UPOV y de la misma manera, si tienen contemplado ampliar la cobertura de la 
protección al derecho en el medio plazo 
 ¿Podrían dar a conocer su opinión hacer la canti dad de solicitudes de protección, así como el 
planteamiento de alguna estrategia para promo ver el derecho de obtentor como una forma de 
                                                     
 
 9 Art 3.paragraph 3  This Law shall apply to Albanian natural or legal persons as well as to foreign 
natural or legal persons: 
 a) from states and territories that are contracting parties to international conventions and treaties 
  in the field of industrial property to wh ich the Republic of Albania is also a party; 
 b) from states and territories which are members of World Trade Organization. 
 c) from authorities with which the principle of r eciprocity in the field of industrial property is 
  applicable.  WT/TPR/M/229/Add.1 
Page 44  
 
  incentivar la inversión, generación y transferencia de  tecnología en variedades vegetales y como un 
instrumento de competitividad?  
 
Answer
: 
 
We don’t have a national strategy re lated to plant variety in Albania. 
 
IV. Políticas y prácticas comerciales por medidas/  4) medidas que afectan a la producción y al 
comercio  / ii) Derechos de la propiedad intelectual / c) Observancia 
 
En el párrafo 215, se señalan las multas por infracci ones en materia de patentes, marcas, o dibujos y 
modelos. ¿Podría Albania señalar cuales son los actos supuestos de apropiación indebida y 
fraudulenta del derecho de autor.  
 
En el párrafo 216, se indica que las Autoridades Aduaneras tienen la capacidad de prohibir el 
despacho, exportación o reexportación de mercanc ías falsificadas y pirateadas. Dado lo anterior, 
solicitamos que se especifique deta lladamente las funciones de las autoridades aduaneras en relación 
con el despacho de mercancías falsificados o pira teadas, así como el procedimiento a seguir para 
determinar si la mercancía a segurada por la Adu ana infringe o no alg ún derecho de propiedad 
intelectual. Estamos interesados en conocer si el Gobierno de la República de Albania está tomando 
algún otro tipo de medidas diversas a las establecidas en la ley para la observancia de los derechos 
de propiedad intelectual, como por ejemplo campañas  de concientización diri gidas a la población en 
general. En caso afirmativo ¿Cuáles son estas medidas?  En el párrafo 220, se señala que la observancia de la legislación sobre derecho de autor la verifican 
los inspectores de la ACO (Oficina de Derecho de Austro de Albania), y que una práctica de 
verificación consiste en realizar, sin previo aviso, inspecciones que puedan dar lugar a 
confiscaciones y multas. ¿Podrían explicarnos cuál es  el procedimiento que se lleva a cabo para la 
imposición de estas multas y en qué casos se imponen?  
 
Answer
: 
 According to Article 131 of Albanian copyright la w, the fine for administrative infringements is 
decided from the inspectors of the Albanian Office for the Copyright who have competence in the territory where the administrative infringement is accomplished and shall be executed by the 
competent tax-collector organs.  
The whole process for imposing fines does include: 
- Sudden inspections in the places when the u sers do pursuit their commercial activity. This 
occurs after the representatives of collective mana gement agencies go to the user subject to 
notify them upon the obligation towards the rights holders and the users continue to not pay the remuneration (in such case the agency submits  to ACO a claim against these users). Also 
the inspection is made after these obligations are reminded by the ad hoc inspectorates ACO 
& Taxation campaigns to users where are held  the minutes of meeting signed by parties 
(inspectors and user) and in the sequent inspec tion they continue to exploit works without 
license of agencies or authorisation by right holders. The non announcement of inspection has to do with the second one (the sequent).  
- Noticing if any work-object of copyright law-is  exploited at that moment in the environment 
when the main activity is pursued. 
- In such case, asking the authori zations issued by right holders. 
-  In the absence of the right holders’ authorization, applying the fine as per Article 130 of 
copyright law. 
-  The fine-sheet is a triplicate:   WT/TPR/M/229/Add.1 
 Page 45 
 
 
  -one copy to be hand over the representative of the subject.  
-one copy for ACO  -the last one for the Tax Office- the collector of the amount of  applied fine. 
- The fines collected by regional Tax O ffice, are added to the state budget.  
- The fine is appealed within 10 days to the S ector of administrative Judgement of Complaints 
of ACO. 
- The decision about the fine complaint is appealable to the judiciary.   - In some cases to the infringer subjects are conf iscated the containers of works that are used 
without authorisation by right holders. 
 En el párrafo 223, se señala la falta de coordinación entre la ACO y el poder judicial. ¿Podría explicarnos en qué consiste la par ticipación como experto de la AC O dentro de los procedimientos 
civiles y penales tramitados ante Tribunales?  
 
Answer
: 
 
The role of ACO in judicial processes on copyright disputes:  ACO is presented (through its members-experts on copyri ght legislation) in judicial processes at First 
Instance Court of Tirana (civil & penal), at the Cour t of Appeal of Tirana (civil) and in one case at 
Supreme Court.  As it can be seen the presence of ACO is only at court of capital, whereas by the 
statistics of Ministry of Justice indicates that ar e several judicial process civil/penal on copyright 
matters at courts of some districts of Albania, when  the judges did not tent to require the interpretation 
of the ACO as third party on the concrete case based in copyright law if there is real or not the infringement that pretended.   ACO is invited by the judiciary to be in the position of Third Party when this is required by the parties 
in the process or as an Indicted Pa rty in the cases against the "Final E xplanation" that is issued in the 
end of administrative proceeding / the fine imposed by inspectors when the complaint is submitted to 
the court / the decision of the ACO to let in force the applied fine by Inspectors when the complaint 
against the fine is submitted firstly to ACO.  In general, the Court has accepted through its verdicts  the indictment of the rights holders about the 
infringement of copyright and remuneration dama ge, and in such cases the court is based on the 
interpretation of ACO as a Third Part. 
Related to the above is to be mentioned the problematic with judges and prosecutors: 
-  Is to be emphasised the low level of aw areness of Judges and Prosecutors on copyright 
legislation. 
-  Their participation in seminar/conferences organised by ACO with the presence of well 
known international experts in the field has been in non considerable levels. 
-  The Magistrate School has organized being supported by EC/TAIEX some training seminars 
with judges, prosecutors but the topics re lated to IP, have been tangential.   
-  It still remains problematic the number of  specialized prosecutors and judges in the 
 filed of IP.  
En el párrafo 224, se indica una manera de mejo rar la observancia, la cual es crear 12 oficinas 
regionales de derecho de autor, dependencias admin istrativas de la ACO. ¿Podrían señalarnos 
cuáles serán las facultades que tendrían éstas ofici nas regionales de derecho de autor que pretenden 
crearse en materia de observancia?  
 
Answer
: 
 
Regional Copyright Offices (RCOs):  The DCM act of April 19, 2006  defines that ACO, in  order to fulfil the functions, creates in every 
administrative district of Republic of Albania a re gional structure under its dependency that is called WT/TPR/M/229/Add.1 
Page 46  
 
  the Regional Copyright Office (hereinafter RCO), wh ich  structures of administrative dependence to 
ACO.  Every RCO in 12 administrative district of country shall have its seal and logo and the same kind of 
staff structure as the ACO has. RCO inspectors do control the respective authorizations issued by right holders of copyright or related 
tights to the users of intellectual products-object of copyright law and apply the fines pursuant to the 
Article 130 of copyright law, within the district administrative borders, where the relevant regional 
copyright office carries out its activity. According to the National Plan for the implem entation of the Stabilization and Association 
Agreement are to be founded 12 RCO, but during the year 2010 it is granted by state budget the 
financial support of ACO for the creation of RCOs in two important districts of country: in Durrës and 
Elbasan, so where it is a great density of population.  The structure of these offices will start to be compos ed of one employee/ inspector and after shall be 
increased the number of personnel. It is under prepara tion the Decision of Council of Ministers for the 
establishment of ten (10) other RCOs in the other districts of country. 
The point is to cover all the territory of Albania with inspection in user subjects, since the current 
organic structure of ACO has appointed only three in spectors and the process is hard to be carried out 
in all country by this small unit of inspections.   
QUESTIONS BY PAKISTAN 
 
Question 1  
At para 5 of Annex 1.1., the Report states that Al bania has offered concessi ons (35 year BOT with a 
state guarantee to purchase energy for 10 to 15 years) for the construction and operation of hydropower plants, investment in wind, solar and biomass energy. We would appreciate if Albania could share the details of these concessions and how does Albania plan to fund the cost of these 
energy projects ?  
Answer
: 
 
The concessions schemes include only small hydropower  plants (up to 15 megawatt). Investment in 
wind, solar and biomass are treated as normal industr ial projects. The latter projects are licensed. The 
applicants submit the request to the Ministry of Ec onomy, Trade and Energy of Albania and after all 
technical requirements are met the Council of Minister issue the licence.  With regard to small hydropower pl ants the concession is given for 35 years. In addition the contract 
and the respective legal framework stipulate the obligation of KESH (Albanian Electrical Energy 
Corporation) to purchase the electrical energy produced  with e regulated price. The price is based on 
the import price, corrected with specific coefficients.  This policy aims at promoting investment in fri endly environment projects. The Government of 
Albania has an agreement for green certificates with Italy and it’s working to have one with Greece. 
 
All projects are privately financed. 
 
Question 2  
Para 1 on page 15 mentions that a considerable effo rt has been made on the administrative side to 
facilitate trade and investment flows. Could Al bania share these administrative measures ? 
 
Answer
: 
 
Business climate improvement : - establishing a fair balance between market regulatory and 
liberalization policies and state intervention in  the market, streamlining business registration  WT/TPR/M/229/Add.1 
 Page 47 
 
 
  procedures, facilitation of custom and tax proce dures, sorting out land and construction issues, 
improving administrative appeal procedur es, and reducing the informal economy; 
 
In order to further facilitate the investment pr ocess the government has developed the regulatory 
reform process. Under this reform consisting in reducing the time and the cost of doing business, the 
National Registering Centre-NRC, which serves as  a one-stop-shop for business registration and 
limits the time and the administrative steps required for registering the business, has been established. 
Another achievement is   the establishment of National Licensing Centre which serves as a one-stop-
shop, hence simplifying of procedures and reducing the time for granting licenses.  
 Reforms in Tax Administration and Customs administ ration, reform in land and construc tion permits, 
reform in administrative appeal system, inspection system and e-government, are important measures, 
which are contributing in the ease of doing business in Albania.  
Other measures includes  fiscal incentives including co rporate tax, which is 10%, the fiscal burden of 
social security contributions by employers has furt her been reduced to 15%, the personal income tax 
has a flat rate of 10%, etc.  
 
The specific measures in promoting FDIs are focused on the following:  The Albanian Government has recently set two important laws that already attracted and have the 
potential to attract even more investors. The law on concession in 2006 opens up the possibility to 
invest in concessionary projects. Drafting and adop tion of the new law and regulations on concessions 
and their implementation was a good achievement. The Government of Albania has prepared the full 
implementation legislation package under the new Law No. 9663, dated 18 December 2006 "On 
concessions" as amended, which will enable increased transparency, effectiveness and fairness when 
signing concessionary agreements and development or special procedures for granting concessionary 
projects.   
The development of economic zones in terms of fa cilities and advanced technology infrastructure is 
an opportunity for the development of national ec onomy. The government is willing to fully promote 
the development of these zones, so its commitment  is expressed in its governance program through 
the specific objectives referred to economic zon es development. The law on Economic Zones in 2007 
opens up the possibility for the creation of economic z ones, within which an investment project can be 
developed, exempted from some fiscal duties.  
 
Question 3 
At page 33, para 27, it appears that the bulk of  under-invoicing is country specific, rather than 
product specific. Is any of the countries with whom Albania has signed bilateral agreements on 
customs cooperation (as listed in para 24, page 32) included in the countries from where under-
invoicing violations take place ?  Answer
: 
 
There have been cases of under-invoicing even by all the countries with which Albania has signed 
bilateral agreements on custom s cooperation, but these cases have been decreasing due to the 
deterrent effect that these agreements have. 
 
Question 4   
Page 29, para 10 : What are the tax benefits bei ng offered in the economic zones. Are they exclusively 
directed towards export enhancement ? 
 WT/TPR/M/229/Add.1 
Page 48  
 
  Answer
: 
According to the Article 13 of the Law No. 9789, date 19.02.2007, "On Establishment and 
Functioning of Economic Zones" is foreseen that  goods accessing the free zone through the licensed 
persons and the services which are provided to th em within the free zone shall be exempted from the 
customs duties and value added tax  from the moment the good accessing the free zone. The 
economic zones having the status of industrial park  do not benefit the facilities provided for in this 
chapter.  
As according to the Article 14, the goods brought to the free zone from another part of customs 
territory of Republic of Albania and which are not on transit in the free zone, shall benefit all the 
facilities which are benefited by th e export goods. The infrastructure services being offered by the 
other part of the customs territory of the Republic  of Albania for the licensed developers and users 
within the free zone, benefit all the faciliti es which are applied to the services export. 
Question 5   
There was a sharp decline of agriculture sector’s contribution to GDP from 2000(24%) to 
2008(16%), what was its social and economic impa ct on labor force? especially on farm labor. 
Answer: MoF  
The decline of agriculture as a share of GDP was followed by a decline also in agriculture 
employment to total employment, from 58% in 2002 in  45% of total employment, which is still a high 
value, due to low productivity in the sector. Duri ng these years labor force moved from agriculture to 
other dynamic sectors of the economy, mainly services, where employment grew from 29% to 38% of the total employment of the economy, together with internal migration from rural to urban areas and 
external migration.  
Question 6  
Would Albania like to share its experience of d eveloping infrastructure through private consortium? 
Regarding the sharing of experience between Albani a and other private cons ortium in developing the 
infrastructure, the Albanian Government is impr oving different programs of concession agreements, 
especially for the maritime & the air transport that shall attract foreign consor tiums or investitures to 
participate in these projects. 
Actually these government policies has been implemen ted for the construction of the new jetty ports 
(oil & liquid gas terminals) located in the city of  Durres and Vlora, that are going on by private 
initiatives.  
Other similar projects, related with this government program are: 
The concession of the main Albanian Tirana ai rport, which is considered very successfully 
concessionary investment in the sector of transport of passenger’s by air.   
In the same line of the above programs, the Albani an Government through Ministry of Public Works 
& Transport and through the Ministry of Economy is looking to develop with the financial assistance 
of banking institutions projects as the concession of the Container Terminal of Durres port. A very 
ambitious project in a near future to be considered  is the construction of the new Container Terminal 
(the biggest in the region) located in the south of Albania near Vlora city.  
There are also project ideas to issue under concessi on the railway transport services but still now the 
government is evaluating the feasibility of the sector. 
__________