WORLD TRADE  
ORGANIZATION  G/SG/Q1/ALB/3 
24 April 2008 
 (08-1960) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLE 12.6 OF THE AGREEMENT 
 
Replies to Questions Posed by the UNITED STATES
1  
Regarding the Notification of ALBANIA2 
 
 
 The following communication, dated 23 April 2008,  is being circulated at the request of the 
Delegation of Albania.    
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Question 1 
 
As a general matter, the English translation of the Albanian Law circulated uses 
different terms than the official English text of the WTO Safeguards Agreement to reflect 
standards in the WTO Agreement.  For example, the Albanian Law refers to imports in "big" 
quantities rather than imports in "i ncreased" quantities.  The Albanian Law also uses the term 
"similar" instead of "like";  in ordinary Eng lish usage, the word "similar" conveys a meaning 
closer to "directly competitive" than to "like".  The Albanian Law also appears to use the terms 
"injury" and "serious injury" interchangeably, wh ich might convey the notion of a lesser level 
of injury in instances in which the modifier "seri ous" is not used.  Please clarify whether these 
are translation issues or reflect substantive differences.    
Reply
 
 
 The terms used in the Albanian Law "On safe guard measures in imports" are just translation 
matters and do not reflect substantive differences.  We have made adjustments where appropriate.  
You will find the new translation of the laws in a separate notification.  
Question 2 
 
Articles 4, 5 and 6 of the  Law  express the composition, function and powers of the 
Commission for evaluating the measures on im ports (Commission).  Would Albania please 
describe how the voting process will function among Commission Members when considering whether or not to implement a safeguard measure?   
 Reply
 
  Regarding the voting process of the Commission we inform you that it will be established in 
the Regulation of Functioning of the Commission for Evaluation of Measures in Imports, according to 
                                                     
 
1 G/SG/Q1/ALB/1. 
2 G/SG/N/1/ALB/2.   G/SG/Q1/ALB/3 
Page 2  
 
  Articles 4, 5 and 26 of the Albanian law No. 9790, dated 19.07.2007 "On safeguard measures in 
imports", that shall be approved by Co uncil of Ministers, by this year. 
  Actually, we have sent for approval to the C ouncil of Ministers the by-law "On nomination of 
members of the Commission for Evaluation of Measures in Imports".  
 
Question 3 
 
Article 11 of the Law provides for "surveillan ce" of imports, which appears to involve 
the withholding of imports from release for 5 days  after entry, if the imports threaten to cause 
injury to Albanian producers.  The release appe ars to be conditioned on the imports meeting a 
certain minimum price.  Please explain in grea ter detail how this surveillance system would 
work, and please also indicate how it would be consistent with Albania's WTO obligations.   
 
Reply
 
 
Surveillance  
 
 An imported product shall be subject to the pr eliminary examination, in accordance with the 
provisions of the Law, if development of impor ts of a product originating from a third country 
threatens to cause injury to the Al banian producers of a like product, or there has been filed a written 
request for application.  The products, subject to preliminary examination, shall be released to free 
circulation only accompanied with an import document.   The Commission for Evaluation of Measures in  Imports shall, upon the request of the 
Ministry, decide on taking the surveillance measur e, for a certain time period, not more than 
9 months.  The Commission shall sign the documen t, free of charge, for every required quantity, 
within a time period of 5 working days from ta king the statement of an importer. The  import 
document for the surveillance shall contain the fo llowing information as name and full address of 
applicant; registration number; name and address of declarer; country of origin of goods, validity 
deadline, import date, description of product, labels  and numbers, number and type of packaging, 
code of product; gross weight a nd net weight of the product and ot her additional units; statement of 
importer about preciseness of application data.  A co py of import document shall be provided to the 
applicant.    The products shall continue to be released to  free circulation for as long as the unit price of 
the product, with which there has been made th e transaction, exceeds that indicated in the import 
document for less than 5 per cent, or the total value of the quantity of products submitted for import 
exceeds the value or the quantity in the import docum ent with less than 5 per cent. The Commission 
considering the nature of the products and other ch aracteristics of the transactions in question, upon 
the request of the interested party, decides a nother different percentage, which should not exceed 
10 per cent.  The import document is used as long as  the measures for the surveillance of the imported 
products are in place.  The import document shall not be  used in any case, after the expiry of the time 
period. 
 
Question 4  
Article 13(1)(b) of the Law states that upon institution of a safeguards investigation, the 
Ministry "makes public notification in the Official Journal and in a newspaper with big 
circulation in the Republic of Albania".  Please advise as to whether the Official Journal is 
available online and if so, please provide its internet address.     G/SG/Q1/ALB/3 
 Page 3 
 
 
  Reply  
  Regarding the publication of notifications in the Official journal we clarify that the Official 
Publication Centre is available on line, and the internet website is: www.qpz.gov.al
, but the 
publications will also be published in the Minist ry of Economy, Trade and Energy website: 
www.mete.gov.al    
 
Question 5 
 
Article 17 of the  Law  states that the Ministry provides the Commission with a final 
report, as well as proposals with regard to pote ntial implementation of a safeguard measure.  
Please indicate if Commission Members must ad opt one of the proposals put forth by the 
Ministry or if the Commission is authorized  to implement its own safeguard remedy.   
 
Reply  
 
 According to the Article 5 of Albanian law the Commission functions as a collegial and decision-making body.  So after the reviewing the information (report) provided by the Ministry the Commission must decide, if it is going to adopt the proposal of the Ministry or coming up with another reasonable decision.   Question 6  
Article 18 of the Law appears to allow for the application of provisional safeguard 
measures of the type permitted under Article 6 of the WTO Safeguards Agreement.  Perhaps 
for translation reasons, Article 18 of the Law does not appear to follow the requirements of 
Article 6 of the WTO Agreement.  For example, Article 18 appears to use the terms "injury" 
and "serious injury" interchangeably, and uses the term "clear preliminary data" in lieu of the 
WTO Agreement term "clear evidence".  Please cl arify whether these are translation issues or 
reflect substantive differences.  Please explain how Article 18 would be administered, including the name of the government official or agency that would determine whether the requisite injury exists and, if so, decide the amount of fee increase.   
 Reply
 
 
 Regarding the remarks on Article 18 of the Al banian Law, there is merely mistranslation 
matter and does not reflect substantive differences.  We have made the appropriate adjustments, as 
follows:   
 
Art. 18. Provisional safeguard measures 
 
1.  Provisional safeguard measures apply where:   
 (a)  under critical circumstances, failure to apply them causes injury, the restoration of 
which would be very difficult;  
  (b)  based on clear evidence , it is founde d that the increasing imports have caused or 
threaten to cause a serious injury to the domestic producers, manufacturing like or 
competitive products, directly.  
 2.  The provisional safeguard measures take the form  of a tariff increase.  In case of repeal of the 
provisional safeguard measure, due to the failure to establish, during the investigation, the injury or G/SG/Q1/ALB/3 
Page 4  
 
  threat to injury, caused to the domestic industry by the increased imports, this tariff increase shall be 
immediately repaid to the payer.   3.  The time period of a provisi onal safeguard measure shall not exceed 200 days.  The duration 
of a provisional safeguard measure shall be calculate d as part of the total period of the implementation 
of the safeguard measures. 
 
Question 7 
 
Article 19 a) of the Law provides for safeguard measures in the form of additional 
customs duties.  It also provides for the collect ion of additional customs duties "as security".  
Please explain how this Article of the Law would be implemented and administered.  What is 
meant by "security", and how this provision is consistent with Albania's obligations under the WTO Safeguards Agreement.   
 Reply
 
  The final safeguard measures take up the form  of an additional customs value, difference 
between the customs tax, imposed by import regime , and the additional customs value, imposed as a 
final safeguard measure, shall be collected as guaranties
, in accordance with the provisions of the 
Customs Code.  Even where there is no customs tax, imposed by import regime, the entire additional 
customs value, imposed as a final safeguard measure, shall be collected as guaranties , in accordance 
with the provisions of the Customs Code.    The translation of term security is replaced by guaranties.   
 
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