WT/TPR/S/229/Rev.1 Trade Policy Review 
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III. TRADE POLICIES AND PRACTICES BY MEASURE 
(1) OVERVIEW  
1. Albania has made considerable progress towards liberalizing and streamlining its trade regime 
in recent years.  Modifications undertaken have  aimed to make the Albanian legislative and 
institutional framework compatible with Albania's WTO obligations and with the acquis 
communautaire , in line with Albania’s goal of  acceding to the European Union. 
2. Customs procedures have been streamlined, a nd a centralized electronic system has been 
introduced, which has reduced customs clearance times.  The Customs Code specifies that the 
transaction value of imported goods should be the prim ary basis to determine customs value, and the 
use of minimum values or reference prices is prohib ited.  However, exceptions to its use remain;  the 
authorities estimate that the transaction method was used in some 80% of cases during 2009.  This 
partly reflects under-invoicing, which remains of concern in Albania.  
3. Tariffs are relatively low.  All tariff lines ar e bound, and the average bound rate is 6.6%.  The 
overall simple average applied MFN tariff in 2009 was 5.2%.  Albania uses only ad valorem  tariffs 
and does not apply MFN tariff quotas.  Nearly 40% of Albania's tariff lines are duty free, and no tariff 
peaks are present;  the highest level is 15%.  Albani a's average applied tariff is higher for agricultural 
products, at 8.8% (WTO definition), than non-ag ricultural products, at 4.2%.  Fully-processed 
products are subject to the highest protection (ave rage of 6.6%), followed by unprocessed goods (4%), 
and semi-processed goods (3%).  Due to the concentration of Albania's trade with the EU and with 
neighbouring countries with which it has FTAs, import duties account for only 1.9% of the value of 
imports.   
4. Albania applies a VAT at a general rate of  20%, on imported and domestically produced 
goods.  Excise taxes are levied on coffee;  fruit juic es and other non-alcoholic beverages;  beer, wine, 
alcohol, and other spirits;  tobacco and tob acco products;  petroleum by-energy products;  
incandescent bulbs;  and perfumes and eau de toilette.  All excise duties are specific, with the exception of cosmetics and incandescent bulbs.  Exci se taxes on beer, wine, and other alcoholic spirits 
are mostly lower for smaller producers than larg er ones, which may as a result in protection of 
domestic producers.  Environmental taxes are levied  on second-hand cars, fuel, and plastic packaging. 
5. Albania applies few non-tariff measures.  There are no prohibited imports, except for products 
considered to be hazardous to public health, and import licensing is used mainly for SPS purposes, 
security, protection of the environment, and for compliance with obligations under international 
conventions.  New legislation on anti-dumping and countervailing measures as well as safeguards was 
introduced in 2007.  These new laws have been no tified to the WTO and reviewed by Members.  
However, no actions under these laws have  been taken by Albania to date. 
6. Technical regulations from non-EU trading pa rtners are accepted as equivalent after 
evaluation of a declaration of conformity and a te chnical dossier;  standards applied by the foreign 
manufacturer must fulfil Albanian (and EU) essential requirements.  Under the Stabilization and 
Association Agreement (SAA), Albania is comm itted to gradually conform to EU technical 
regulations and European standardization, metr ology, accreditation, and conformity assessment 
procedures.  In this respect, the majority of th e 38 notifications made to the TBT Committee by end 
2009 concern transposition of EU measures, in ma ny cases these were notified well in advance of 
their expected date of entry into force.  Albania has notified 125 SPS measures: 12 regular 
notifications and 113 emer gency notifications.   Albania WT/TPR/S/229/Rev.1 
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7. No export taxes are applied and licences must be obtained for only a handful of mostly 
sensitive products.  Albania has a few special customs regimes that contain specific provisions 
or treatment for exports.  Under the Temporary Admission Regime, non-Albanian goods destined for 
re-export without transformation may be used in the Albanian customs territory completely or 
partially exempt from import duties.  Albania al so maintains a drawback system, and uses the 
modality of processing under customs control, wh ich allows duty-free importation of goods for 
processing under customs control in the customs terr itory.  The final good is then imported into 
Albania and subject to customs duties on its impor ted component.  Albania maintains a scheme to 
provide export guarantees for short-term financi ng loans, the Export-Credit Guarantee Fund.  
8. Albania's legal framework for business is relativ ely open, and in recent years measures have 
been taken to improve the country's business envi ronment.  However, some challenges remain, 
especially with respect to the ease of paying ta xes and obtaining constructi on permits.  Albania has 
undertaken substantial efforts to enforce competition policy and to adapt its legislation and practices 
to EU standards.  In 2003, Albania adopted a co mpetition law that represents an important step 
towards enhancing competition, particularly given its  reform efforts and the small size of its market, 
which may lead to concentration in some sector s of the economy.  The authorities consider the 
development and the protection of free and effectiv e competition to be a very important element in 
accomplishing a fully functioning market economy.  The main competition policy objectives are contained in the National Competition Policy.   Albania was ranked second among the top ten 
reformers in the World Bank's Doing Business 2009 report.
1  
9. As part of its programme of structural reform  towards the consolidation of a market economy, 
Albania has carried out a major privatization progra mme, which has left few assets in the hands of the 
State.  The privatization process was conducted on a case-by-case basis.  Most privatization 
procedures were carried out during the 1990s.  Privatization proceeds for 1992-2009 were around 
US$800 million.   
10. Prior to its accession to the WTO, Albania u sed a large number of investment incentives, 
including tax holidays and reinvestment allowances,  but their number and scope has been scaled down 
considerably.  Locals and foreigners are treated alik e with respect to the fiscal incentives provided.  
State assistance to private economic activity is govern ed by the Law on State Aid, which entered into 
force on 1 January 2006 (amended in 2009), and wh ich seeks to streamline and monitor state aid in 
the light of Albania’s international commitments .  The law establishes the conditions under which 
state aid may be granted, and explicitly excludes fro m its scope any aid directly linked to quantity of 
goods exported, or the current expe nditure linked to export activities, as well as aid contingent upon 
the use of domestic over imported goods.  The law do es not apply to state aid granted to agriculture 
and fisheries.  Special provisions apply for SMEs, which may receive state aid for consultancy (up to 
50% of the costs), for installation, and for certain e xpenditures linked to their participation in fairs and 
exhibitions.  Albania also maintains a programme of  economic zones (industrial parks) that offers tax 
benefits;  as at end 2009, seven zones had been established or were under development. 
11. Albania is an observer to the WTO Agreem ent on Government Procurement (GPA), and 
applied for accession to the Agreement in October 2001.  Negotiations, however, have been inactive 
for several years.  Albania's government procuremen t legislation was amended in 2006 as part of the 
public sector reform process, and to harmonize it a nd align procedures for the award of public works, 
services, and supply contracts with EU directives.  Albania does not grant any domestic preferences 
nor use set-asides for government procurement purposes.  In an effort to incr ease transparency, since 
the beginning of 2009 all procurement procedures and transactions, with a few exceptions, must be 
                                                      
1 World Bank online information.  Viewed at  :  http://web.worldbank .org/WBSITE/EXTERNAL/ 
NEWS/0,,contentMDK:21894925~pagePK:64257043~piPK:437376~theSitePK:4607,00.html. WT/TPR/S/229/Rev.1 Trade Policy Review 
Page 30 
 
 
done electronically.  The authorities consider that th is has enhanced competition and calculate that it 
has saved some 15% of the procurement costs. 
12. Most of Albania's intellectual property laws we re modified during its process of accession to 
the WTO, or subsequently, to join some of th e WIPO-managed conventions.  More recently, new 
industrial property and copyright legislation has been  passed, to conform to EU directives.  Under the 
SAA, Albania committed to take all the necessary measures in order to guarantee that, no later than 
four years after the date of entry into force of the Agreement, it would provide a level of protection 
for intellectual, industrial, and commercial property ri ghts similar to that existing in the EU.  To this 
end, the authorities are intent on strengthening ad ministrative and enforcement capacities, although 
further work, particularly with respect to the latte r, is still needed.  Albania is currently drafting a 
National Strategy on Intellectual Property (NSIPR) for 2010-15, aimed at making Albanian protection 
of IPRs fully compliant with EU standards. 
(2) MEASURES DIRECTLY AFFECTING IMPORTS  
(i) Procedures and documentation 
13. The Customs administration, under the supervision of the Ministry of Finance, is responsible 
for customs procedures.  It comprises the General Directorate of Customs, three Regional 
Directorates, and several customs houses. 
14. The main law governing customs issues is La w No. 8,449 of 27 January 1999, "Customs 
Code of the Republic of Albania".2  The Code was based on the EC's Community Customs Code, 
Regulation 2,913/92/EEC.3  The Customs' Code implementing regul ations are contained in Decision 
of the Council of Ministers No. 205 of 13 April 1999, "On the Implementing Provisions of the 
Customs Code (based on EU Commission Regulation No. 2,454 of 1993).  A number of amendments 
have been introduced to the Customs Code since 2000.4  As noted by the authorities, financing is 
being provided under the EU's IPA 2008 Programme to assist in the drafting of a new customs code 
and implementing provisions, to reflect the acquis communautaire  and EU standards in the area of 
customs.  The programme will run from March 2010 to May 2012. 
15. Albanian customs legislation does not contai n a general requirement for importers or 
exporters to be registered.  The exceptions to th is are goods where there may be safety or health 
concerns, such as medicines, dynamite, and fireworks.   In such cases, the importer must be registered 
in the system (see below) in order to clear cust oms.  An authorization must be requested for the 
importation (or exportation) of dua l-use goods.  The authorities note that, registration in the customs 
system has the purpose of improving control over the licences or permits issued by other competent 
bodies.  Albania uses the Single Administrative Docu ment (SAD) for customs entries.  The SAD is 
stamped by customs officers charged with verification,  physical control, and control of valuation.  
Under the customs code's implementing provisions (Article 142), the main documents required by 
                                                      
2 See WTO document G/VAL/N/1/ALB/1, 9 July 2001 for the Customs Code and its implementing 
provisions. 
3 ALBINVEST, The Albanian Customs System .  Viewd at:  http://www.trade.undp.org.al/u/d/ 
trade/8.%20The%20Albanian% 20Customs%20System.pdf. 
4 Substantial amendments are contained in:  Council of Ministers Decision (CDM) No. 497 of 
21 October 1999;  CDM No. 516 of 14 November;  CDM No. 339 of 23 June 2000;  CDM No. 341 of 7 July 2000;  CDM No. 183 of 30 March 2001;  CDM No. 47 of 27 January 2006;  CDM No. 237 of 6 June 2002;  
CDM No. 258 of 24 April 2003;  CDM No. 129 of 2 March 2006;  CDM No. 134 of 14 March 2007;  CDM No. 
307 of 25 March 2009;  CDM No. 547 of 1 May 2008;  CDM No. 1,022 of 14 October 2009;  and CDM No. 1,144 of 13 November 2009. Albania WT/TPR/S/229/Rev.1 
 Page 31 
 
 
customs for imported (or exported) goods are a co mmercial invoice and a transport document (airway 
bill or bill of lading).  Other documents that may be  required in specific cases include:  a certificate of 
origin, a summary declaration or commercial doc ument containing particulars necessary to identify 
the goods, a packing list, a quality certificate, a contract, and a bank transaction payment slip.  A 
phytosanitary certificate is required for imports of fruits, vegetables, seeds, and other plants, and a 
heath certificate is required for livestock prod ucts, pharmaceuticals, and processed food.   
16. All customs procedures are processed through a centralized electronic system.  Albania uses 
the Automatic System for Customs Data (ASYCUDA  World).  The system processes data including 
transit and customs warehouses information and manages the allocation of preferential quotas under 
FTAs automatically on a first-come first-served basis.  The rules for processing imports (and exports) 
are contained in the Customs Code and its implementing regulations.  Customs clearance must take place within ten days for goods transported by sea and within five days otherwise.   The authorities 
have indicated that, in practice, processing of im port documents takes from 1 to 2 hours depending on 
the customs office, the number of declarations to be processed, and the time of the year.  There were 
210,881 import declarations processed in 2008. 
17. Customs  uses a selectivity module stored in the ASYCUDA World system to conduct risk 
analysis; it is automatic.  The authorities state that ri sk indicators may relate to a particular commodity 
code, country of origin, value of goods, means of  transportation, blacklist of unreliable companies, 
etc.  They note that as at November 2009, 16% of  goods passed through the red channel and, hence, 
were subject to inspection at the border.  They al so stated that the percentage was coming down, as 
could be noted by comparing to it to the 20% to 25% mentioned in the European Commission's 2008 
Progress Report for Albania. This had been consid ered high by European standards, and led to a 
recommendation that risk assessment and controls be revised and strengthened.
5   
18. Certain goods must be processed in specific cust oms offices, mostly because of the nature of 
the goods.  Such is the case for fuel s (at the Durres customs office), goo ds for use in civil aircraft (at 
Rinas Airport). Imports of live animals, fresh fruit, and vegetables are processed at the border 
crossing point.   
19. As part of Albania's efforts to combat corrup tion and crime, the authorities state that measures 
have been taken to step up border security.  Key objectives are set out in the National Strategy on 
Integrated Border Management and its accompa nying Action Plan (2006).  Recent initiatives have 
included efforts to prevent trafficking in humans a nd dangerous goods, through a risk profiling system 
and the establishment of an Anti-Trafficking Direct orate within the Customs administration.  There 
has been investment in security infrastructure and greater inter-ag ency cooperation both domestically 
and with counterpart agencies in neighbouring countries.  
20. Under the Customs Code (Article 104), when a shipment consists of goods with different 
tariff classification and treatment and this crea tes a considerable amount  of work and expense 
considering the amount of the import duties to be pa id, the customs authorities may decide that duties 
be paid over the entire load under the tariff classificati on of the goods that have the highest tariff rate.  
The authorities note that this rarely happens in pr actice, i.e. only in cases wh en the value of the cargo 
is low compared with the administrative costs entaile d in differentiating the goods or when the invoice 
only shows the total value of the consignment.     
21. Albanian legislation allows for eight different customs regimes plus a transit regime.  Free 
circulation is the normal import regime, by which goods enter into the customs territory of Albania 
permanently, subject to the payment of the relevant  import duties and other taxes.  Under the modality 
                                                      
 5 European Commission (2008). WT/TPR/S/229/Rev.1 Trade Policy Review 
Page 32 
 
 
of processing under customs control, imported goods ar e subject to transformation operations, without 
payment of import duties.  Authorizations for processing under customs control are issued at the request of the interested person and are granted only :  (a) to persons located in Albania;  (b) for 
imported goods that can be identified in the processed  products;  and (c) when the operation creates or 
maintains a processing activity in Albania, without sacrificing the interests of Albanian producers of 
similar products.  Duty is payable when the finished  product is put into free circulation.  A third 
special regime, the inward processing regime, a llows foreign goods to undergo transformation or 
processing operations in Albania’s customs territory w ithout the application of tariffs or other trade 
measures, except for customs processing fees, provid ed resulting products are exported.  Under the 
temporary admission regime, imported goods destined for re-export can be used in the Albanian 
custom territory completely or partially exempted from import duties for up to a year, provided they 
do not undergo any transformation.  Under the outwa rd processing regime, Albanian products may be 
exported temporarily for processing and re-imported with complete or partial exception from import 
duties.  Goods entering Albania under the transit regi me (in transit to a foreign country) are exempt 
from customs duty, VAT, and excise taxes.  Unde r the customs warehouse regime, products may be 
stored temporarily in Albania without payment of import duties. 
22. Some of these customs regimes are widely used, and others less so.  For example, 
450 authorizations were granted the General Dire ctorate of Customs in 2008, for inward processing 
under customs control, and 300 for temporary admission,  while 10 authorizations were granted for the 
outward processing regime.  Additional authorizati ons are granted by customs houses, however data 
on the number of such authorizations are not available. 
23. Economic operators or their legal representa tives may write to the customs authorities 
requesting a decision on the application of customs rules;  this must be provided by Customs within 30 days.  The economic operators have  10 days within which to appeal this decision to the Director-
General of Customs, who is obliged to respond with in 20 days either accepting or denying the appeal.
6  
As stipulated in the Customs Code and its regu lations, importers may also appeal decisions by 
Customs that a customs violation has taken place.  Customs violations include both administrative 
violations (including those related to customs valua tion) as well as smuggling.  Fines may be applied.  
Appeals must be made in writing to the Director  General of Customs within five days of the 
notification of a Customs decision in cases were fines were applied, or ten days in cases where the appeal relates to customs value or customs rules.  If fines were applied, appellants must pay the total 
amount of customs duties due plus 40% of the fine.  The Director-General of Customs must decide on 
the appeal within 30 days.  If the appeal is acc epted, the deposited amount is paid back, and if 
rejected, the appellant must pay the remainder of the fine.
7  If the appeal is rejected, the appellant can 
present a further court appeal within 30 days of th e notification of rejection.  If the court rules in 
favour of the appellant, the amount of the fine is returned.  There were 1,220 appeals against customs 
decisions between January 2005 and December 2009;  they mainly concerned administrative customs 
violations related to the quality, quantity, valu e or origin of the declared goods;  transit and 
warehousing violations and smuggling.  The authorities noted that the customs administration won around 50% of appeals in court.   
24. Albania is a member of the World Customs Orga nization.  It has signed bilateral agreements 
on customs assistance with:  Italy;  Greece;  Fo rmer Yugoslav Republic of Macedonia;  the Interim 
Administration Mission in Kosovo (UNMIK);  Moldavia;  Bulgaria;  Slovenia;  Romania;  Turkey;  
Croatia;  and Cyprus.
8  Albania is also a member of the Istanbul Convention.9  
                                                      
6 Articles 18 to 20 of the Customs Code. 
7 Customs Code Title VIII. 
8 USAID online information.  Viewed at:  http://albania.usaid.gov/spaw2/uploads/files/Links/8_ 
Custom_System.pdf. Albania WT/TPR/S/229/Rev.1 
 Page 33 
 
 
25. Albania has notified the WTO that pre-shipment inspection is covered by Article 11(4) 
and Article 25 of the Customs Code.10  Article 11(4) authorizes the Albanian customs authority 
to sign agreements with Albanian or foreign, pu blic or private organizations for exchange of 
information in order to guarantee the observan ce of provisions of the Customs Code.  Under 
Article 25, customs authorities are prevented from disclosing confidential information.   Albania does 
not make use of pre-shipment inspection services.   
(ii) Customs valuation 
26. Albania's rules on customs valuation are contained in Articles 34 to 40 of the Albanian 
Customs Code and in Articles 54 to 69 of its impl ementing regulations.  Both have been notified to 
the WTO.11  The Committee on Customs Valuation conclude d its examination of this legislation in 
October 2001.12  Albania has notified the WTO that it applies the Decision on the Treatment of 
Interest Charges in Customs Value of Imported Goods and the Decision on Valuation of Carrier 
Media Bearing Software for Data Processing Equipment.13  Albania has also responded to the 
Checklist of Issues on the Implementation and Administration of the Agreement on Customs Valuation and replied to re lated questions by Members.
14   
27. The Customs Code specifies that the transac tion value of imported goods should be the 
primary basis to determine customs value.  Where th is is not possible, the sequence of methods set out 
in the WTO Agreement on Customs Valuation is to be followed. The transaction value includes the 
costs of transportation, insurance, and freight.  The use of minimum values or reference prices is 
prohibited.  The authorities have indicated that in the first ten months of 2009, the transaction value 
method was used for valuation purposes in some 80%  of cases.  In this respect, the European 
Commission's 2008 Progress Report on Albania notes that further progress is needed on approximation to EU practices in the area of valuatio n methods, namely with respect to greater use of 
the transaction value.
15  The authorities indicated that under-invoicing is of concern in Albania, for 
goods originating in certain countries, but that no particular products are routinely under-invoiced. 
28. Exchange rates used for customs valuation pu rposes are determined each month and are valid 
from the 6th of the month to the 5th of the following month.  The rates used are those published by the 
Bank of Albania at the end of the month preceding this period.16   
(iii) Rules of origin 
29. Albania's non-preferential rules of origin are contained in Chapter 2 of the Customs Code 
(Law No. 8,449 of 27 January 1999, Articles 29 to 31), and Articles 44 to 46 of the Implementing 
                                                                                                                                                                     
9 The Istanbul Convention on temporary admission (26 June 1990) combines all existing Conventions 
on temporary admission and provides simplified and harmonized procedures and standardized model Customs 
documents for the temporary importation of goods.  It entered into force on 27 November 1993.   
10 WTO document G/PSI/N/1/Add.11, 24 June 2008. 
11 WTO document G/VAL/N/1/ALB/1, 9 July 2001. 
12 WTO document G/VAL/M/23, 7 December 2001. 
13 WTO document G/VAL/N/3/ALB/1, 27 November 2007. 
14 Responses to the checklist are contained in WTO document G/VAL/N/2/ALB/1, 26 November 2007.  
Canada's questions to Albania regarding its legisla tion on customs valuation are set out in WTO document 
G/VAL/W/176, 27 April, 2009.  Albania responded orally to these questions at the Committee on Customs 
Valuation meeting of 7 May 2009 (WTO document G/VAL/M/47, 29 May 2009).  
15 European Commission online information. Viewed at: http://ec.europa.eu/enlargement/pdf/press_ 
corner/key-documents/reports_nov_2008/albania_progress_report_en.pdf. 
16 The only exception is when the exchange rate at the moment of the transaction differs by more than 
5% from the monthly published rate, in wh ich case, the former rate will be used.  WT/TPR/S/229/Rev.1 Trade Policy Review 
Page 34 
 
 
Provisions of the Customs Code, as approved by th e Decision of the Council of Ministers No. 2,051 
of 13 April 1999.17  The country of origin of a good is where it was wholly obtained or produced or 
last substantially processed.18  The stated purpose of non-preferential rules of origin is to implement 
Albania's customs tariff as well as other measures affecting imports.  Origin is self-declared;  
however, a certificate of origin from the appropriate authority in the exporting country is required 
when the origin of the goods infl uences the customs value, or in cases where imports from a particular 
country of origin are not allowed (for example becau se of the prevalence of a disease in that country 
or because sanctions are applied).  Notwithstanding  the production of this document, the customs 
administration may, in case of serious doubt, require additional proof of origin.   
30. Albania maintains preferential rules of origin in  the context of its free-trade agreements with 
the EU, CEFTA partners, and Turkey (see Chapter II).19  In line with regional integration efforts, rules 
of origin are similar across each of these agreements.  Origin is conferred on products that:  are wholly obtained or produced in a country;  inco rporate non-originating materials that account for 10% 
(or 15% in the case of sets) or less of the ex-works  price or the product (exc luding HS chapters 50 to 
63);  or contain third-country material that have  then undergone sufficient working or processing.  
The specific criteria for sufficient working or pr ocessing are set out in annexes to each FTA.   
31. For imports into Albania, regional cumulation applies among EU Member states, CEFTA 
parties, and Turkey.  Thus, products manufactured in  one of the parties, incorporating materials from 
any of the other parties, need not satisfy the suffi cient-processing criteria to confer origin;  however, 
processing must go beyond minor operations such as being packaged or cleaned.  Under the CEFTA, 
regional cumulation may be extended to EFTA and othe r parties participating in the Stabilisation and 
Association Process (see Chapter II) as long as rules of  origin are identical and that FTAs with these 
countries are in force. 
32. To qualify for preferential treatment, goods must be transported directly  between parties to 
the respective FTA or, if transported through ot her territories, remain under the surveillance of 
customs authorities and evidence to this effect is re quired.  In addition, non-originating materials used 
in the manufacture of originating products may not be subject to drawback of, or exemption from 
customs duties when products are exported.  Th e authorities indicated that, in accordance with 
Albanian legislation, it is possible to bind origin information in the system, but that there have been no requests in this respect. 
(iv) Tariffs 
33. Import duties accounted for some 3% of total government revenue in 2008, and for some 
1.9% of the value of imports.  Albania levies custom s duties on the c.i.f. value of imports.  The tariff 
is amended through the passage of laws:  ten such laws were passed between 1999 and 2008.  The last 
tariff amendment was introduced in Marc h 2009 (Law No. 10,098, 19 March 2009). 
                                                     
 
17 WTO document G/RO/N/53, 18 September 2007.  
18 Under Chapter 2, Article 30 of the Customs Code, "Goods for which production involves more than 
one country shall be deemed to originate in the co untry where they underwent their last substantial, 
economically justified processing or working in an undertaking equipped for that purpose and resulting in the 
manufacture of a new product or representing an important stage of manufacture." 
19 In WTO document G/RO/N/53, 18 September 2007, Albania notified to the Committee on Rules of 
Origin its bilateral free-trade agreemen ts with the EC and with a number of countries in the region.  Since its 
notification, the individual agreements have been replaced by the Central European Free Trade Agreement 
(CEFTA) (see Chapter II). Albania WT/TPR/S/229/Rev.1 
 Page 35 
 
 
(a) Applied tariffs 
34. Albania’s customs tariff is based on the Harmonized Commodity Description and Coding 
system (HS 2007).  The Combined Nomenclature (CN) 2009 comprises 9,569 tariff lines at the ten-digit level.
20  Albania uses only ad valorem  tariffs and does not apply MFN tariff quotas.  Nearly 
40% of Albania's tariff lines are duty free, and no domestic or international tariff peaks are present 
(Table III.1).   
Table III.1 
Structure of the tariff schedule, 2009   
(Per cent) 
 2009  
Total number of tariff lines 9,569 
Non- ad valorem  tariffs (% of all tariff lines) 0.0 
Non- ad valorem  with no AVEs (% of all tariff lines) 0.0 
Tariff quotas (% of all tariff lines) 0.0 
Duty-free tariff lines (% of all tariff lines) 39.4 
Average tariff rate of dutiable lines (%) 8.6 
Domestic tariff "peaks" (% of all tariff lines)a 0.0 
International tariff "peaks" (% of all tariff lines)b 0.0 
Bound tariff lines (% of all tariff lines) 100 
a Domestic tariff peaks are defined as those exceed ing three times the overall average applied rate. 
b International tariff peaks are defined as those exceeding 15%. 
Source:  WTO Secretariat calculations, based on data provided by the authorities of Albania. 
 
35. The overall simple average applied MFN tariff in 2009 was 5.2%.  Tariffs range from duty 
free to 15%.  The tariff comprises six  rates, 0% , 2%, 5%, 6%, 10%, and 15%.  The most frequently 
used rates, apart from 0%, are 5% and 10%.   
36. Albania's average applied tariff is higher for ag ricultural products, at 8.8% (WTO definition), 
than for non-agricultural products, at 4.2% (Table II I.2).  Fully-processed products are subject to the 
highest protection (average of 6.6%), followed by unprocessed goods (4%), and semi-processed goods 
(3%). 
Table III.2 
Summary analysis of the MFN tariff, 2009 
 
MFN Average Range Coefficient 
of 
variation Final 
bound 
average a 
Description No. of lines (%) (%) (CV) (%) 
Total  9,569 5.2  0 - 15  1.1 6.6 
HS 01-24 2,251  7.6 0 - 15 0.8 9.3 
HS 25-97 7,318  4.5 0 - 15 1.3 6.1 
By WTO category       
WTO Agriculture 1,987 8.8 0 - 15 0.6 10.1 
- Animals and products thereof 322  9.4 0 - 15 0.3 10.6 
- Dairy products 151  9.7 2 - 15 0.2 10.3 
- Coffee and tea, cocoa, sugar, etc. 293  9.3 0 - 15 0.5 12.1 
- Cut flowers, plants 54  6.8 2 - 15 0.7 9.6 
- Fruit and vegetables 428  11.8 2 - 15 0.2 12.3 
- Grains 55  2.0 2 - 2 0.0 5.0 
- Oil seeds, fats and oils and their products 164  2.0 0 - 10 1.9 3.3 
- Beverages and spirits 271  11.1 0 - 15 0.6 14.9 
- Tobacco 20  7.3 2 - 15 0.8 9.4 
- Other agricultural products n.e.s. 229  5.2 0 - 15 0.8 7.1 
    Table III.2 (cont'd) 
                                                      
20 The latest Combined Nomenclature (CN), which entered into force on 1 January 2010, has reduced 
the number of tariff lines to 9,443. WT/TPR/S/229/Rev.1 Trade Policy Review 
Page 36 
 
 
 
MFN Average Range Coefficient 
of 
variation Final 
bound 
average a 
Description No. of lines (%) (%) (CV) (%) 
WTO Non-agriculture (incl. petroleum) 7,582  4.2 0 - 15 1.3 6.0 
- WTO Non agriculture (excl. petroleum) 7,541  4.2 0 - 15 1.3 6.0 
  - Fish and fishery products 386  0.0 0 - 10 19.6 0.2 
  - Mineral products, precious stones and metals 513  7.5 0 - 15 0.8 10.2 
  - Metals 1,027  3.3 0 - 15 1.7 4.0 
  - Chemicals and photographic supplies 1,317  1.8 0 - 15 1.2 3.8 
  - Leather, rubber, footwear and travel goods 278  10.4 1 - 15 0.5 13.4 
  - Wood, pulp, paper and furniture 453  0.3 0 - 15 6.3 0.3 
  - Textile and clothing 1,211  9.9 0 - 15 0.5 11.6 
  - Transport equipment 268  3.0 0 - 15 1.7 7.5 
  - Non-electric machinery 924  0.6 0 - 10 3.6 3.4 
  - Electric machinery 501  3.1 0 - 10 1.4 3.8 
  - Non-agriculture articles n.e.s. 663  6.6 0 - 15 1.0 8.6 
- Petroleum 41  4.7 0 - 10 1.0 8.9 
By ISIC sectorb      
Agriculture and fisheries 554  5.4 0 - 15 1.0 7.8 
Mining 124  2.5 0 - 10 0.9 5.4 
Manufacturing 8,891  5.2 0 - 15 1.1 6.6 
By HS section       
01  Live animals and products 796  5.4 0 - 15 0.9 6.7 
02  Vegetable products 526  8.3 0 - 15 0.5 10.3 
03  Fats and oils 124  2.2 0 - 10 1.8 3.8 
04  Prepared food, etc. 806  10.1 0 - 15 0.6 11.9 
05  Minerals 244  4.5 0 - 15 0.9 7.3 
06  Chemical and products 1,201  1.6 0 - 15 1.3 3.7 
07  Plastics and rubber 345  5.8 0 - 15 0.8 8.0 
08  Hides and skins 150  8.8 2 - 15 0.6 11.6 
09  Wood and articles 213  1.5 0 - 15 2.5 1.1 
10  Pulp, paper, etc. 217  0.0 0 - 0 ... 0.0 
11  Textile and articles 1,169  9.7 2 - 15 0.5 11.2 
12  Footwear, headgear 110  12.5 10 - 15 0.2 16.9 
13  Articles of stone 257  10.3 0 - 15 0.5 14.0 
14  Precious stones, etc. 63  6.1 2 - 15 1.0 8.9 
15  Base metals and products 1,003  3.5 0 - 15 1.6 4.2 
16  Machinery 1,469  1.4 0 - 10 2.3 3.4 
17  Transport equipment 286  2.9 0 - 15 1.7 7.3 
18  Precision equipment 339  3.8 0 - 15 1.4 6.0 
19  Arms and ammunition 27  15.0 15 - 15 0.0 20.0 
20  Miscellaneous manufacturing 218  9.3 0 - 15 0.8 12.2 
21  Works of art, etc. 7  0.0 0 - 0 .. 0.0 
By stage of processing       
First stage of processing 1,158  4.0 0 - 15 1.2 6.8 
Semi-processed products 2,824  3.0 0 - 15 1.3 4.2 
Fully-processed products 5,587  6.6 0 - 15 1.0 7.9 
.. Not available. 
a Bound rates are provided in HS02 classi fication and applied rates in HS2007; therefore there may be a difference 
 between the number of lines included in the calculation. 
b ISIC (Rev.2) classification, excluding electricity (1 line). 
Source: WTO Secretariat estimates, based on data provided by the Albanian authorities. 
(b) Tariff bindings 
37. All of Albania's tariffs are bound.  The overall bound tariff average is 6.6%.  There is hence 
only a small gap between the overall average applied and bound rates.  Agricultural products (WTO 
definition) are bound at an average rate of 10.1%, while the average bound rate for non-agricultural products is 6%.  The ISIC category with the hi ghest average bound rate is arms and ammunition 
(20%), followed by leather goods (16.9%), and articles of stone (14%).   Albania WT/TPR/S/229/Rev.1 
 Page 37 
 
 
(c) Tariff preferences 
38. Albania grants tariff preferences to EU member  states, Turkey, and CEFTA countries.  Rates 
for CEFTA countries differ, largely because of agricu ltural products, since industrial goods are mostly 
granted duty-free treatment.  The average rate for all products from all countries is 1.3%, while goods 
classified as agricultural (WTO definition) face an av erage rate of 6.3%.  Only trade with Kosovo is 
fully duty free.   
39. Imports from EU member countries face an averag e tariff of 1%.  While imports of industrial 
products (HS chapters 25-97) are mostly duty free, goods classified under HS chapters 1-24 face an 
average tariff of 4.4%.  Similarly, agricultural go ods (WTO classification) from the EU are subject to 
an average rate of 4.9%, compar ed with an average MFN tariff rate of 8.8%, while non-agricultural 
imports originating in the EU enter Albania mostly duty free, compared with an MFN rate of 4.2%, 
(Table III.3).  Imports from Turkey enter at an aver age tariff rate of 1.8%:  non-agricultural products 
(WTO definition) face an average tariff of just 0.1% , while the preferences granted for agriculture are 
limited, since these imports enter at an average 8. 4% tariff, just slightly below the MFN rate. 
Table III.3 
Summary analysis of the preferential tariffs, 2009 
(Per cent) 
Description MFNa EU Turkey CEFTA Bosn Croa Koso FYRM Mold Mont Serb 
Total 5.2 1.0 1.8 1.3 1.3 1.4 0.0 1.1 1.3 1.6 1.6 
HS 01-24 7.6 4.4 7.4 5.4 5.4 5.8 0.0 4.5 5.4 6.8 6.5 
HS 25-97 4.5 0.0 0.2 0.1 0.1 0.1 0.0 0.0 0.1 0.1 0.1 
By WTO category            
WTO Agriculture 8.8 4.9 8.4 6.3 6.3 6.8 0.0 5.2 6.4 7.9 7.5 
 - Animals and products thereof 9.4 7.8 9.5 7.0 7.1 7.8 0.0 7.3 7.1 9.3 9.3 
 - Dairy products 9.7 6.5 9.8 9.7 9.7 9.7 0.0 8.1 9.7 9.7 9.7 
 - Coffee and tea, cocoa, sugar  9.3 3.2 9.0 5.1 5.1 3.6 0.0 3.5 5.1 6.0 5.1 
 - Cut flowers, plants 6.8 1.3 7.1 0.9 0.9 1.9 0.0 2.9 0.9 2.2 0.9 
 - Fruit and vegetables 11.8 5.7 11.3 10.2 10.2 11.1 0.0 10.8 10.4 11.3 11.0 
 - Grains 2.0 0.5 2.0 1.7 1.7 0.0 0.0 1.4 1.7 0.4 0.4 
 - Oil seeds, fats and oils and their 
    products 2.0 0.4 1.8 1.0 1.0 0.0 0.0 0.9 1.0 1.8 1.1 
 - Beverages and spirits 11.1 9.5 10.7 5.5 5.5 11.1 0.0 0.0 5.5 11.1 11.1 
 - Tobacco 7.3 2.6 5.5 7.3 7.3 4.9 0.0 7.3 7.3 7.3 7.3 
 - Other agricultural products 5.2 1.0 4.3 4.2 4.2 2.1 0.0 2.2 4.2 4.4 3.6 
WTO Non-agriculture (incl.petroleum) 4.2 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
- WTO Non-agriculture (excluding    petroleum)  
4.2  
0.0  
0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
   - Fish and fishery products 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
   - Mineral products, precious stones      and precious metals  
7.5  
0.1  
0.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
   - Metals 3.3 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
   - Chemicals and photographic       supplies  
1.8  
0.0  
0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
   - Leather, rubber, footwear and 
      travel goods  
10.4  
0.2  
0.6 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
   - Wood, pulp, paper and furniture 0.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
   - Textile and clothing 9.9 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
   - Transport equipment 3.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
   - Non-electric machinery 0.6 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
   - Electric machinery 3.1 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
   - Non-agriculture articles n.e.s. 6.6 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
 - Petroleum 4.7 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
By ISIC sectorb            
Agriculture and fisheries 5.4 2.4 5.1 3.7 3.7 3.6 0.0 3.3 3.9 3.9 3.7 
Mining 2.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
Manufacturing 5.2 1.0 1.6 1.2 1.2 1.3 0.0 0.9 1.2 1.5 1.4 
By HS section            
  01  Live animals and products 5.4 4.2 5.5 5.0 5.0 5.2 0.0 3.9 5.0 5.3 5.3 
  02  Vegetable products 8.3 2.7 7.9 5.8 5.8 4.8 0.0 5.8 6.0 6.3 5.8 
  03  Fats and oils 2.2 0.5 2.2 1.3 1.4 0.0 0.0 1.2 1.4 2.2 1.4 
  04  Prepared food etc. 10.1 6.4 9.6 6.1 6.1 8.0 0.0 4.6 6.1 9.4 8.9 
  05  Minerals 4.5 0.1 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
  06  Chemicals and products 1.6 0.0 0.3 0.2 0.2 0.2 0.0 0.1 0.2 0.2 0.2 
  07  Plastics and rubber 5.8 0.1 0.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
  08  Hides and skins 8.8 0.0 0.4 0.3 0.3 0.3 0.0 0.3 0.3 0.3 0.3 
  09  Wood and articles 1.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
        Table III.3 (cont'd) WT/TPR/S/229/Rev.1 Trade Policy Review 
Page 38 
 
 
Description MFNa EU Turkey CEFTA Bosn Croa Koso FYRM Mold Mont Serb 
  10  Pulp, paper, etc. 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
  11  Textiles and articles 9.7 0.0 0.1 0.1 0.1 0.1 0.0 0.1 0.1 0.1 0.1 
  12  Footwear, headgear 12.5 0.5 1.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
  13  Articles of stone 10.3 0.2 0.7 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
  14  Precious stones, etc. 6.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
  15  Base metals and products 3.5 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
  16  Machinery 1.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
  17  Transport equipment 2.9 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
  18  Precision equipment 3.8 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
  19  Arms and ammunition 15.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
  20  Miscellaneous manufactures 9.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
  21  Works of art, etc. 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 
By stage of processing            
First stage  4.0 1.3 3.2 2.2 2.2 2.2 0.0 2.0 2.3 2.3 2.2 
Semi-processed  3.0 0.1 0.5 0.4 0.4 0.3 0.0 0.3 0.4 0.4 0.4 
Fully-processed  6.6 1.4 2.2 1.5 1.6 1.8 0.0 1.3 1.6 2.1 2.0 
a MFN rates and rates for CEFTA countries are provided in HS07, while those for the EU and Turkey are provided in HS02; 
 therefore there may be a difference between the number of lines included in the calculation.  
b ISIC (Rev.2) classification, excluding electricity (1 line). 
Note Bosn = Bosnia;  Croa = Croatia;  Koso = Kosovo;  Mold = Moldova;  Mont = Montenegro; and Serb = Serbia. 
Source: WTO Secretariat estimates, based on data provided by the Albanian authorities.  
(v) Other charges affecting imports 
(a) Value-added tax 
40. The VAT was introduced in Albania in 1995, and is regulated by Law No. 7,928 of 
27 April 1995, "On value added tax".21  The VAT is the main source of tax revenue in Albania, 
contributing 39.8% to total government revenue in the third quarter of 2009.22   
41. Persons and companies involved in any economi c activity, including exporting or importing, 
but excluding farming, must be VAT-registered, if  they have an annual turnover of lek 5 million or 
more (€37,500) per calendar year.  The general VAT rate is 20% for domestically produced and 
imported goods and services.  The VAT is levied on the ex-factory price of domestic products and on 
the c.i.f. value of imports plus the sum of import duties and other charges, including excise taxes.  Exports of goods and services are zero rated.  Certain exemptions to the VAT apply:  medicines;  the 
supply of financial services, except non-life insuran ce premiums, which are taxable at the standard 
rate of 20%;  gold, bank notes or currencies supplied to  the Bank of Albania;  postal services;  the sale 
of new and existing buildings;  and certain  operations of non-profit organizations.
23  Research and 
development for hydrocarbon operations;  printed ma terials of any kind, imported or domestically 
produced;  promotional and advertising services from electronic and printed media;  and the activities 
of casinos and hippodromes are also exempted from the VAT.  Also exempted from the VAT are goods in transit, and imports of  goods under the active processing regime for export purposes. The 
VAT is applied on a national treatment basis. 
42. Special VAT schemes apply in certain cases.  For instance, payment of VAT may be 
postponed for 12 months on the importation of invest ment goods used in the economic activity of a 
taxable person and on imported machinery for re-sal e.  In the case of prepaid mobile phone cards the 
issuing company pays VAT on the price of the prepaid card, while the distributor only pays VAT on 
                                                     
 
21 Law No. 7,928 (in Albanian only).  Viewed at:  http://www.slas.info/legislazione_albanese/Law%20 
2n.%207928-1995%20on%20Value%20added%20tax%20(versione%20albanese).pdf. 
22 General Tax Directorate online information.  Vi ewed at:  http://www.tat ime.gov.al/gdt/Statistical_ 
Summary_ in_years.aspx.   
23 Ministry of Finance online information.  View ed at:  http://www.minfin.gov.al/downloads/main_ 
taxes_in_the_albania_tax_system.doc. Albania WT/TPR/S/229/Rev.1 
 Page 39 
 
 
the commission charge to the mobile company.  Farmers, who are not subject to the VAT, may 
benefit from compensation for certain eligible pr oducts sold to VAT-taxable subjects.  This 
compensation is equivalent to 6% of the value of  the transaction, based on the invoice issued by the 
buyer.  The amount is subject to VAT credit for the buyer.  
(b) Excise tax 
43. Excise tax legislation was adopted in 2002, with amendments in 2003 and 2009.24  E x c i s e  
taxes are levied on coffee;  fruit juices and other no n-alcoholic beverages;  beer, wine, alcohol, and 
other spirits;  tobacco and tobacco products;  petroleum by-products;  incandescent bulbs;  and 
perfumes and eau de toilette.  All excise duties are expressed in lekë per unit of product, with the 
exception of cosmetics and incandescent lamps, a nd rates differ among and within product groups 
(Table III.4).  Excise taxes on beer, wine, and othe r alcoholic spirits are mostly lower for smaller 
producers than larger ones.  The authorities indicat ed that there are no domestic beer producers, and 
only one wine producer whose production is sufficient to require it to pay the higher rates of excise 
tax.  Excise taxes on imported products are levi ed on the customs value of the goods (including 
tariffs).  Excises taxes represented 12.7% of total government revenue in th e third quarter of 2009. 
Table III.4 
Excise taxes, 2009  
HS Code  Description  Tax rate 
 Coffee  
09011100, 09011200 Coffee, not roasted,  whether or not decaffeinated lek 50 /kg 
09012100, 09012200 Coffee, roasted, whet her or not decaffeinated lek 100/kg 
090190  Coffee husks and skins;  coffee substitu tes containing coffee in any proportion  lek 50/kg 
210111-12 Extracts, coffee concentrates and their products lek 250/kg 
 Fruit juices and other non-alcoholic beverages  
2009 Fruit juices, unfermented and not containing added spirits, with or w/o added sugar or 
sweetener lek 2/litre 
2202 Waters, including mineral waters and aerated waters, containing added sugar or sweetening 
matter or flavoured, and other non-alcoholic be verages, not including fruit or vegetable 
juices lek 2/litre 
 Beer, wine, alcohol and other spirits  
2203 Beer of domestic and forei gn producers producing less than 200, 000 hectolitres/year lek 30/litre 
2203 Beer of domestic and foreign producers producing over 200,000 hect olitres/year lek 40/litre 
2204 Wine, including sparkling wine, champagne, a nd grape of domestic producers and foreign 
producers producing less than 10, 000 hectolitres per year lek 20/litre 
2204 Wine, including sparkling wine, champagne, a nd grape of domestic producers and foreign 
producers producing more than 10,000 hectolitres per year lek 35/litre 
2205 Vermouth and other wine s flavoured with plants and arom atic substances of domestic and 
foreign producers pr oducing less than 300 hectolitres per year lek 20/litre 
2205 Vermouth and other wine s flavoured with plants and arom atic substances of domestic and 
foreign producers producing more than 300 hectolitres per year lek 35/litre 
2206 Other fermented beverages;  mixtures of fermented beverage s and mixtures of fermented 
beverages with non alcoholic beverages, not elsewhere specified or included lek 20/litre 
22071000  Undenaturated ethyl alcohol, of an alcoho lic strength by volume of 80% or higher lek 400/litre 
2208 Spirits, liqueurs and other spirituous beverage s of an alcoholic strength by volume of 12% 
or more – of domestic and foreign produ cers producing less than 20,000 hectolitres per 
year lek 150/litre 
2208 Spirits, liqueurs and other spirituous beverage s of an alcoholic strength by volume of 12% 
or more – of domestic and foreign producer s producing more than 20,000 hectolitres per 
year lek 200/litre 
2208 Spirits, liqueurs and other spirit uous beverages of an alcoholic vol ume of less than 12% lek 70/litre 
 Table III.4 (cont'd) 
                                                      
24 Law No. 8,976 of 12 December 2002, "On Excise Taxes in Albania (available in Albanian only).  
Viewed at:  http://www.slas.info/legislazione_alb anese/Law%20n.%208976-2002%20on%20Excise%20tax%20 
(versione%20albanese).pdf.  The 2003 amendment is contained in Law No. 9,163 of 18 December 2003.  
Viewed at:  http://www.akbn.gov.al/files/Law_9163_hidrokarbur.pdf.  The 2009 amendment is contained in 
Law No. 10,067 of 2 February 2009, "Changes in La w No. 8,976 of 12 December 2002, "On Excise", as 
amended. WT/TPR/S/229/Rev.1 Trade Policy Review 
Page 40 
 
 
HS Code  Description  Tax rate 
22082029 Other (Raki) lek 100 /litre 
 Tobacco and toba cco products  
24021000 Cigars and cigarillos containing tobacco lek 2,240/kg 
240220  Cigarettes containi ng tobacco lek 40/pack 
240290 Cigars, cigarillos and cigare ttes containing tobacco substitutes lek 2,240 /kg 
2403 Other manufactured tobacco and substitutes, "homoge nized" tobacco, extracts and essences lek 1,500/kg 
 Energy products  
27101141,45, 49 Petroleum light oils w ith a lead content of less than 0. 013 grams/litre:  with less than 
95 octanes;  between  95 and 98 octanes;  with over 98 octanes lek 37/litre 
27101151,59 Petroleum light oils with a lead conten t of more than 0.013 grams/litre with less than 
98 octanes lek 50/litre 
27101911-29 Medium oils lek 20/litre 
27101921 Jet fuel 0 
27101931-49 Gas oils for undergoing a specific process lek 37/litre 
27101951-69 Fuel oils lek 13/kg 
27101971-99 Lubricating oils and other oils lek 40/kg 
27131100, 27131200 Petroleum coke  and other oils lek 1/kg 
27132000 Petroleum bitumen lek 5/kg 
271390 Other residues of petroleum oils or of o ils obtained from bituminous minerals lek 5/kg 
27149000  Bitumen and asphalt, natural,  asphaltites and asphaltic rocks lek 5/kg 
2715 Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, 
on mineral tar or on mineral tar pitch (for example bituminous mastics) lek 5/kg 
2901, 2902 Acyclic hydrocarobons and cyclic hydrocarbons  (benzene, ethylene, toluene, xylene) lek 5/kg 
34031991, 34039910 Preparations for lubricating machines, appliances and vehicles lek 40/kg 
 Perfumes and toilette waters  
33030010 Perfumes 60% 
33030090 Toilette waters 60% 
33072000  Personal deodorants and antiperspirants 60% 
 Other incandescent bulbs  
85392192 Exceeding 100 V 200 % 
85392198 Not exceeding 100 V 200 % 
85392210 Reflectors lamps 200% 
85392290 Others 200 % 
85392992 Exceeding 100 V 200 % 
85392998 Not exceeding100 V 200% 
Note: lek 130 = €1. 
Source:  Ministry of Finance online information.  Viewed at :  http://www.minfin.gov.al/dow nloads/main_taxes_in_the_ 
albania_tax_system.doc, and informa tion provided by the authorities. 
44. Exemptions to excise taxes apply on exports and approved customs or tax suspension regimes 
as well as gas oil and by-products used in oil research  activities.  Excise tax is refundable on:  exports;  
approved suspension regimes;  gas oil used for fishing boats;  and fuel used by producers of electricity 
resources of 5 MW or more for each energy resour ce, as well as fuel used in the production of 
agriculture products in heated greenhouses.25  
(c) Environmental taxes 
45. In addition to the excise tax on fuel (lek 13, or €0.10 /kg), Albania also levies a carbon tax on 
petrol and benzene (lek 0.5 per litre) and gas oil (l ek 1 per litre).  The tax is levied on importers for 
imported oil and oil by-products and is collected by the Customs Administration.  For domestically 
produced oil and oil by-products, the tax is collected by the Tax Administration.  The tax is regulated 
by Law No. 9,975 of 28 July 2008, "On national taxes". 
46. A tax on plastic packaging is charged at lek 2 per piece for packaging with a capacity of over 
1.5 litres, and 1 lek per piece for packaging with a ca pacity for 1.5 litres and less.  The tax is also 
regulated by Law No. 9,975, and is levied on impor ted and domestically produced products in plastic 
                                                      
25 Ministry of Finance online information.  View ed at:  http://www.minfin.gov.al/downloads/main_ 
taxes_in_the_albania_tax_system.doc. Albania WT/TPR/S/229/Rev.1 
 Page 41 
 
 
packaging.  The tax on importers is collected by th e Customs Administration, and the tax on domestic 
producers is collected by the Tax Administration.   Revenue from tax on carbon and plastics amounted 
to lek 217 million (€1.67 million in 2008, some 0.08% of total tax revenue).   
47. There is also an importation tax on second-hand car s.  The tax rate depends on various factors 
such as the age, type, and capacity of vehicle.26  The authorities indicated that this tax is under review.  
(vi) Import prohibitions, restrictions, and licensing 
(a) Import prohibitions 
48. The only import prohibitions, relate  to products considered to be hazardous or to threaten 
public health.  The importation of dangerous waste is prohibited, unless it may be used, processed or 
recycled, in which case an import licence is required (see below)  Import prohibitions also apply to 
import strong poisons, chemical weapons, and na rcotics and, to animal products from certain 
countries. 
49. The Law on Veterinary Service and Inspectorat e prohibits the importation of:  bio-products 
and veterinary drugs recognized as dangerous to huma n and animal health by relevant international 
organizations;  imports from countries or areas with in a country infected by a contagious disease;   
and live micro-organisms that are pathogenic to animals.27  The Law on Plant Protection Service 
prohibits the importation of plants, plant products, and other objects that are carrying pests.28 
(b) Import licensing  
50. Albania requires importers of certain products  to be licensed, for reasons including SPS 
objectives, security, protection of the environm ent, and compliance with obligations under 
international conventions (Table III.5).  In additi on, in some cases, the r espective products to be 
imported are subject to further restrictions.  Most  import licences are granted by the newly established 
National Licences Centre.   
51. Albania's import licensing requirements and the procedures to implemen t these requirements, 
are set out in a variety of laws, regulations, minist erial orders, decisions of the Council of Ministers, 
rules, and ministerial guidelines.29  Documentary and other information must be presented in order for 
the licence to be granted.  If these requirements are met, the licence is granted automatically.  
Exceptions apply to narcotic and psychotropic drugs and certain flora and fauna, for which 
quantitative restrictions apply, as well as to medi cinal products, military goods, and fish and fish 
products, where licensing is not automatic.30 
                                                      
26 For the detailed methodology for calculating the importation tax on second-hand vehicles, see 
Ministry of Finance online information.  Viewed a t:  http://www.minfin.gov.al/downloads/main_taxes_in_the_ 
albania_tax_system.doc. 
27 Law No. 9,308 of 4 November 2004, "On Veterinary Service and Inspectorate", Article 40.   
28 Law No. 9,362 of 24 March 2005, "On Plant Protection Service".  Viewed at:  http://mie.gov.al/ 
skedaret/1248335735-9362L2005.doc. 
29 For a full list of applicable laws and regula tions, etc., see WTO docu ments G/LIC/N/3/ALB/2, 
2 January 2008 and G/LIC/N/1/ALB/2, 30 June 2008. 
30 WTO document G/LIC/N/2/ALB/2, 28 November 2008. WT/TPR/S/229/Rev.1 Trade Policy Review 
Page 42 
 
 
52. Albania provided WTO Members with responses to the questionnaire on import licensing 
procedures in 2008 and 2009.31  No questions have been asked by Members about Albania's import 
licensing regime in the Committee on Import Licensing.  
Table III.5 
Products subject to import licen sing requirements, December 2009  
Product Legal Provisions/Procedures Purpose 
Live animals;  leather;  feed;  
biological material for animal 
insemination;  veterinary drugs and 
vaccines (HS Chapters 01, 02, 03 and 04, HS headings 1601 and 1602) Law No. 9,308 of 4 November 2004 (Veterinary Service 
and Inspectorate), and Law No. 9,863 of 18 November 2008 
(On Food).  Imports are only pe rmitted from countries that 
meet the requirements of the OIE and other international organizations to which Albania is a participant.  However, 
to ensure cooperation, Albani a has bilateral veterinary 
agreements with certain countries (Chapter III(2)(ix)).  Importers of these products must be licensed.  To obtain a 
licence, the importer's establis hment must be inspected by 
one of the Regional Directories of Agriculture, Food and Consumer Protection, and final approval must be granted by 
the General Director of Food Safety and Consumer 
Protection within the Ministry of Agriculture, Food and Consumer Protection.  Applications for licences to import 
are processed within ten days and a registration fee is levied.  
Licences are issued automatically if the requisite conditions are met.  Import licences for veterinary medicines and vaccines are valid for five years and for one year for other 
products.  Licensees must reapply to have their licenses 
extended.  A list of licensed impor ters is sent to the Border 
Inspection Point.  Food safety.  Importing firms 
must fulfil sanitary conditions in 
accordance with Albanian law 
Plant protection products (certain products of HS heading 3808 
including insecticides, fungicides, herbicides, disinfectants)  
 Law No. 9,362 of 24 March 2005 (On Plant Protection 
Services).  Decision of the Council of Ministers No. 1,555 
of 12 November 2008 (approval of the regulation on plant protection products).  Only registered plant protection 
products (PPPs) may be imported into Albania.  To be 
registered, an application with  the required documents and 
samples must be submitted to the Registration Office of 
PPPs.  The applicant must also declare the kind of 
packaging to be used for th at PPP.  Within 30 days the 
request is either accepted or, if  not, the applicant is informed 
in writing of the reasons for refusal.  Additional data may be 
requested.  Licences are issued automatically if the required 
criteria are met. Control of poisonous products 
the careless use  of which could 
affect plants, animals, human beings, and the environment  
Wild species of flora and fauna listed 
in the Appendices of the CITES 
Convention. Law No. 9,021 of 6 March 2003 (accession of Albania to 
CITES). The licensing system applies to trade between 
parties to the CITES Convention.  Quota system for licences determined by the CITES Convention Secretariat annually.  
Advice of the appropriate nati onal scientific authority is 
required. Processing time is generally up to 15 working days from receipt of the application and licences are valid for a 
year.  No licensing fees are currently levied, however the 
future levying of fees is foreseen.  To restrict the number of 
species, wild animals, and plants 
to improve their conservation status and comply with 
Albania's CITES commitments 
Certain fish and fish products (eggs, larvae and fingerlings of any water 
species (not for aquaculture purposes)) (HS Chapter 3) Law No. 7,908 of 5 April 1995 (fishery and aquaculture) 
Article 26;  Regulation No. 2 of 17 May 2007 (licensing of 
fisheries and aquaculture).  Authorization required from the Ministry of Environment, Forest and Water Administration 
(MEFWA).   Environmental measure to 
protect Albanian waters and 
regulate the introduction of species with no purposes of 
aquaculture 
 Authorization is, inter alia,  contingent upon a health 
certificate having been obtained from the Veterinary 
Directorate, and the MEFWA being satisfied that the species 
are not dangerous for biodiversity.    
  Table III.5 (cont'd) 
 
                                                      
31 Albania's responses to the questionnaire on import licensing procedures are in WTO document 
G/LIC/N/1/ALB/2, 30 June 2008.  Albania subsequently notified in WTO document G/LIC/N/3/ALB/3, 
22 December 2008 that it had not made any further chan ges to its import licensing system.  In WTO document 
G/LIC/N/3/ALB/4, of 23 October 2009, Albania notified to the WTO that the import licensing regime notified in WTO document G/LIC/N/3/ALB/3 remained valid for 2009, except for changes introduced for medicaments. Albania WT/TPR/S/229/Rev.1 
 Page 43 
 
 
Product Legal Provisions/Procedures Purpose 
 Applications are processed within 15 days.  Products must 
undergo a quarantine period, with the costs borne by the 
importer.   
Imports of waste Law No. 8,934 of  5 September 2002 (protection of 
environment);  Law No. 9,010 of 13 February 2003 (solid 
waste);  Decision of Council of Ministers No. 806 of 4 December 2003 (rules and procedures for importation of  
waste, for use, processing and recycling);  Decision of the 
Council of Ministers No. 835 of 28 December 2005 (dangerous waste, etc. that  may not be imported);  Law 
No. 9,537 of 18 May 2006 (administration of hazardous 
waste).  Only non-dangerous waste that may be reused, processed or recycled may be  imported into Albania.  
Applications must be made to the Ministry of Environment, 
Forests and Water Manageme nt (MEFWM) and approval 
obtained from the Council of Mi nisters.  Approval can take 
up to a month.  A licensing fee is charged.    SPS measures and 
environmental protection. 
Medicinal products (narcotic drugs 
and psychotropic substances;  
pharmaceutical products (included in 
HS chapter 30));  dental materials (included in HS chapters 33, 34, 37);  medical and dental equipment and 
devices (included in HS chapters 37, 
70, 90 and 94;  disinfectant, disinfectants and deratizing 
substances (DDD)) (included in HS 
chapters 28 and 29) Law No. 9,323 of 25 November 2004 (medicines and 
pharmaceutical services) amended by Law No. 9,523 of 
25 April 2006;  Law No. 9,644 of 20 November 2006 and 
Law No. 10,008 of 27 October 2008;  Law No. 7,975 of 26 July 1995 (narcotic drugs and psychotropic substances), amended by Law No. 9,271 of 9 November 2004;  Decision 
of the Council of Ministers No. 325, of 14 June 1993 
(regime for exportation-im portation and production of 
medicines);  Guideline No. 180 of August 1993 
(cooperation on the import-export regime), amended by 
Order of Minister of Health No. 81 of 6 March 2008;  Law No. 9,928 of 9 June 2008 (dental health service), DCM 
No. 158 of 12 February 2008 (on import-export of ionizing 
radiation) (if dental and medi cal equipments are a source on 
ionizing radiation, a licence by the Commission on 
Radiation Protection is required);  DCM No. 538 of 26 May 
2009 (licensing of import, export, wholesale, and retail of DDD substances) and related Minister of Health Order 
No. 102 of 22 February 2010 (on authorization for the 
import-export wholesale, and retail of DDD substances).  Only natural and juridical persons registered with the 
National Licences Centre may import these products.  With 
respect to medicines, applications for import licences by registered entities are made to:  the National Centre of 
Drugs Control for registered medicines, and to the 
Pharmaceutical Department within the Ministry of Health for unregistered and donated medicines.  Validity periods 
for licences to import vary from one month to one year 
depending on the product imported, and importers may apply to extend the validity.  Licensing fees vary.  For narcotic and psychotropic drugs  there is an annual quantity 
approved for the country, and conditions applied to 
licensing are more stringent. Control products and inspecting 
structures that will enter 
Albania. 
Military goods (arms and munitions, fireworks, explosives for civil use and 
other-duel use goods) Law No. 9,707 of 5 April 2007 (state control of the activity 
of import and export of dual-use goods).  Permission to 
import and export military goods is issued by the Export State Control Authority at the Ministry of Defence, and 
radioactive materials by the Ministry of Foreign Affairs.  
Applications for licences are processed within 30 days and are valid for one year.  Licensing fees are charged. Safety:  control of activity of 
traders due to dangerousness of 
goods 
Source : WTO documents G/LIC/N/3/ ALB/2, 2 January 2008, a nd G/LIC/N/2/ALB/2, 28 Nove mber 2008, and information 
 provided by the Albanian authorities. 
 
(vii) Contingency measures 
53. New legislation on anti-dumping and counter vailing measures as well as on safeguards was 
introduced in 2007.  These new laws have been not ified to the WTO and scrutinized by Members.  
Albania has taken no action under these laws to date (late 2009).  The authorities indicated that this 
has been partly due to lack of in terest from the domestic industry. WT/TPR/S/229/Rev.1 Trade Policy Review 
Page 44 
 
 
(a) Anti-dumping and countervailing measures 
54. Albania's rules on anti-dumping and counterva iling measures are contained in Law No. 9,796 
of 23 July 2007 "On Antidumping and Countervailing Measures".  The authorities indicated that the 
law is harmonized with the relevant EU regulations.32  The law was notified to the WTO33,  and some 
Members sought, and received, clarifications fro m Albania regarding certain of its provisions.34  The 
2007 Law replaced Law No. 8,466 of 24 March 1999 (anti-dumping).35  This law, according to the 
authorities, was not enforced due to its incompatibili ty with WTO and EU provisions, and to gaps in 
legal provisions and structures for implementation.36  The 2007 law also introduced new provisions on 
subsidies and countervailing measures.  
55. Investigations into whether exports have been dumped or subsidized may be initiated 
upon written application by Albanian industry to  the Minister of Economy, Trade and Energy 
(METE) .  The Market Surveillance Department within METE, functions as a technical secretariat 
during anti-dumping investigations.   The accuracy and sufficiency of th e applications is examined by 
the Minister before it is submitted to inter-collegial Commission (The Commission for Evaluation of Measures on Imports), also headed by the METE.
37  The Commission is expected to meet for the first 
time in 2010 to approve operating pr ocedures as well as a draft complaints form for the affected 
industry.  The Commission must decide whether to initiate an investigatio n within 45 days of 
submission of the application (or up to 60 days wh en additional information is required);  or it may 
self-initiate an investigation, provided sufficient data are available on the dumping, subsidy, injury, 
and causal link.  The investigation itself is undert aken by the METE and must be concluded within 
one year, or in specific cases within 18 months.  The decision to impose final measures lies with the 
Commission.  The Commission's decisions in th is regard may be appealed.  Anti-dumping and 
countervailing measures may be in force for as long as necessary to neutralize the dumping or subsidy.  Unless measures are maintained following a review, however, they are repealed no later than 
five years after the date of imposition.  A review may be undertaken at any time after imposition of 
the measure, on the Commission's own initiative or upon a request filed by or on behalf of Albanian 
industry.   Measures are subject to review on the initiative of the Commission, upon a written request 
or on behalf of domestic producers.  
56. Since its accession to the WTO, Albania has not undertaken any an ti-dumping or subsidy 
investigations or maintained any an ti-dumping or countervailing measures.   
                                                     
 
32 As indicated by the authorities, the relevant EU re gulations are:  Directives No. 2,026/97 (OJ L 288, 
21 October 1997);  No. 384/96 (OJ L 56, 6 March 19 96);  and, No. 3,285/94 (O J L 349, 31 December 1994). 
33 WTO documents G/ADP/N/1/ALB/2/Rev.1 and G/SCM/N/1/ALB/2/Rev.1, 8 May 2008. 
34 Questions from the European Union, the United States, and, the Separate Customs Territory of 
Taiwan, Penghu, Kinmen and Matsu, and responses by Albania are contained in WTO documents 
G/ADP/Q1/ALB/4 and G/SCM/Q1/ALB/4, 8 April 20 08 to G/ADP/Q1/ALB/11 and G/SCM/Q1/ALB/11, 
12 January 2009. 
35 The previous law on anti-dumping, Law No. 8,466, was notified to the WTO in document 
G/ADP/N/1/ALB/1, 24 March 2005. 
36 WTO document G/ADP/N/1/ALB/1/Suppl.1, 8 June 2007. 
37 The Commission is chaired by th e Minister of Economy, Trade and Energy and is composed of 
seven experts from the institutions covered by the Law (appointed according to Coun cil of Ministers Decision 
No. 429 of 8 April 2008 (nomination of members of the Commission for Evaluation of Measures on Imports)).  
The organization and functioning of the Commission is regulated by Council of Ministers Decision No. 1,616 of 10 December 2008.    Albania WT/TPR/S/229/Rev.1 
 Page 45 
 
 
57. In each of Albania's free-trade agreements, it is  specified that parties may have recourse to 
anti-dumping and countervailing measures in accordance with the respective WTO provisions.38 
(b) Safeguards 
58. Albania introduced safeguards legislation fo r the first time 2007, when it enacted Law 
No. 9,790 of 19 July 2007 (Safeguard Measures on Imports).  This has been notified to the WTO.39  
Within the Committee on Safeguards, questions rega rding specific provisions of Albania's Safeguards 
law were posed by Chile, Indonesia, and the United States, and responded to by Albania.40  Albania 
has not initiated any safeguard investiga tions, nor taken any safeguard measures. 
59. Applications for safeguard investigations follo w similar procedures, as those for anti-dumping 
and subsidy investigations.  An inter-collegial  Commission headed by the Minister of Economy, 
Trade and Energy is responsible, inter alia , for deciding whether to initiate investigations and on the 
imposition of provisional or final measures.  The  METE is responsible for undertaking the 
investigation.  Investigations may be request ed, in writing, by Albanian producers, and the 
Commission must decide on whether to initiate an in vestigation within 30 days (or 45 days in certain 
circumstances) from the date of this submission.  The application is considered to have been made 
by/or on behalf of the local industry, only if it is supported by Albanian manufacturers whose joint 
product accounts for more than 50% of total producti on of the similar product, regardless of whether 
they express themselves in favour or against the appli cation;  Albanian manufacturers in favour of the 
application must account for not less than 25% of  the total production.  Applications may also be 
initiated by the METE, with the Commission's approval.   The existence or threat of material injury 
must be proven before an investigation can proceed. 
60. Temporary measures may be applied under critical circumstances, when failure to apply them 
would cause injury that would be very difficult to r ectify.  They can also be applied when, based on 
clear preliminary data, it is established that the in creasing imports have caused or threaten to cause a 
serious direct injury to the local manufacturers of  similar or competitive products.  The temporary 
measures must take the form of a tariff increase,  and may not be applied for over 200 days, in 
accordance with the WTO Agreement on Safeguards.  Final measures may take the form of an 
additional customs duty or a quantitative restriction.   Before imposing quantitative restrictions, the 
Commission must take into account their effect on trade flows, and possible negative impact on the 
economy.   
61. As a general rule, final safeguard measures s hould be implemented for a maximum of four 
years, including the duration of any provisional me asure.  The measure, however, may be extended 
for up to four more years if it continues to be necess ary to prevent or regulate the injury.  If measures 
are imposed for more than one year, they must be liberalized progressively.  Interested parties may request judicial review of the Commission's final decisions. 
62. Albania's agreements with the EU (the Stabilisation and Association Agreement (SAA)) and 
its CEFTA partners, also contain a general safeguard clause.
41  Parties may have recourse to safeguard 
measures not only for reasons of inju ry (actual or the threat of) to like or directly competitive products 
(as also specified in the WTO Agreement on Safeguard s), but also where imports cause or threaten to 
                                                      
38 Free Trade Agreement between the Republic of Turkey and the Republic of Albania (Articles 17 and 
18).  Viewed at:  http://www.m ete.gov.al/rub.php?idr=239&l=e. 
39 WTO document G/SG/N/1/ALB/2/Rev.1, 30 April 2008. 
40 Questions posed by Members regarding Albania's safeguards legislation and Members responses are 
in WTO documents G/SG/Q1/ALB/1, 9 April 2008 to G/SG/Q1/ALB/8, 26 November 2008. 
41 See EU-Albania SAA (Article 38), and th e CEFTA Agreement (Articles 23 and 24). WT/TPR/S/229/Rev.1 Trade Policy Review 
Page 46 
 
 
cause "serious disturbances in any sector of the economy or difficulties which could bring about 
serious deterioration in the economic situation of a region of the importing country."  Both of the 
agreements provide for a consultation or examin ation period between the parties in advance of 
measures being taken, except for in emergency s ituations.  Under the SAA, safeguard measures 
should normally consist of either a suspension of an  applicable duty reduction or an increase of the 
duty rate up to the MFN rate.  Under the CEFTA  Agreement, any duty increases should not exceed 
the lesser of the MFN rate in effect at the time the action was taken, or the MFN rate on the day 
preceding the date of entry into force of the Ag reement.  Measures should generally not exceed one 
year under both agreements, alt hough some flexibility is provided for in exceptional circumstances. 
(viii) Technical regulations and standards 
(a) Technical regulations 
Transparency 
63. The General Directorate of Standardisation (DPS)  is responsible for the adoption of standards 
in Albania42, and is Albania's national authority for no tifications and its National Enquiry Point.43   
The Albanian Accreditation Directorate (DA) is the national accreditation body. 
64. Albania has notified to the TBT Committee, a comprehensive list of laws, decisions, and 
orders governing implementation and administrati on of the TBT Agreement:  a large number have 
been adopted since Albania's accession in 200 0 (Table III.6).  These include Law No. 9,870 of 
4 February 2008 "On standardization";  Law No . 9,824 of 1 November 2007 "On the accreditation of 
conformity assessment bodies in the Republic of Al bania";  and Law No. 9,779 of 16 September 2007 
"On general product safety, essential requirement s and conformity assessment of non-food 
products".44  Law No. 9,779 of 16 Se ptember 2007 transposes the EC's General Product Safety 
Directive as well as some common elements of the New Approach directives and creates the legal base for market surveillance activities and for the ev entual transposition of the EC's New Approach 
directives through Council of Ministers Decisions  in Albania, rather than through laws.  
65. No specific concerns relating to Albania's techni cal regulations have been raised by Members 
in the Committee on Technical Barriers to Trade.  Albania has not notified to the WTO any mutual 
recognition agreements with third countries on issues  related to technical re gulations, standards, or 
conformity assessment procedures;  the authorities indicated that no such agreements have been 
reached.  The DPS, however, has cooperation agreem ents with the standardization bodies in the 
FYROM, Kosovo, Montenegro, and Turkey.  
Table III.6 
Laws, decisions, and orders governing implem entation of the TBT Agreement, December 2009 
Law number, date and title  
Standardization  
Law No. 9,870 of 4 February 2008 "On standardization" 
Council of Ministers Decision No. 789 of 22 July 2009 
Accreditation  
Law No. 9,824 of 1 November 2007 "On the accreditation of conformity  assessment bodies in the Republic of Albania" 
Conformity Assessment  
Law No. 9,779 of 16 July 2008 "On general safety, essential re quirements and conformity assessment of non-food products" 
Table III.6 (cont'd) 
                                                      
42 DPS online information (in Alba nian only).  Viewed at:  h ttp://www.dps.gov.a l/index.php.   
43 WTO document G/TBT/ENQ/35/Rev.2, 13 May 2009.  The responsibilities of the DPS are set out in 
Council of Ministers Decision No. 789 of 22 July 2009. 
44 WTO document G/TBT/2/Add.99, 15 May 2008. Albania WT/TPR/S/229/Rev.1 
 Page 47 
 
 
Law number, date and title  
Specific fields  
Law No. 9,780 of 17 July 2007 "On construction products" 
Law No. 9,323 of 25 November 2004 "On medici nal products and pharmaceutical services" 
Law No. 8,531 of 23 September 1999 "On the fertilisers control service" 
Law No. 7,941 of 31 May 1995 "On food" 
Council of Ministers Decision No. 604 of 17 Nove mber 2000 "On the labelling of food products" 
Council of Ministers Decision No. 609 of 17 November 2000 "On the industrialization and commercia lization of natural mineral wa ters" 
Council of Ministers Decision No. 234 of 11 May 2000 "On the rule s and criteria of sampling and analysis of fertilisers" 
Council of Ministers Decision No. 888 of 19 December 2007 "On e ssential requirements and conformity assessment of toys" 
Council of Ministers Decision No. 889 of 19 D ecember 2007 "On essential requirements and c onformity assessment of simple pressu re 
vessels" 
Council of Ministers Decision No. 73 of 28 Ja nuary 2008 "On essential requirements and c onformity assessment of pressure equipm ent" 
Council of Ministers Decision No. 369 of 27 March 2008 "On essentia l requirements and conformity a ssessment of low voltage devi ces 
Source : WTO document G/TBT/2/Add.99, 15 May 2008, and info rmation provided by the Albanian authorities. 
Implementation 
66. As at late November 2009, Albania had made 38 notifications under Article 10.6 of the TBT 
Agreement.45  They are based on, or transpose, EC Dir ectives.  Most of the technical regulations 
resulting from the notifications are not yet in place (December 2009);  only 13 technical regulations 
are in place (Table III.7).  All notifications made provide for a comment period of 60 days following 
circulation to WTO Members. 
67. Under the SAA (Article 75), Albania is committe d to gradually conform with EU technical 
regulations and European standardization, me trology accreditation, and conformity 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 procedures, and where 
appropriate conclude European Conformity A ssessment Protocols once Albania's legislative 
framework is aligned with that of the EU.  
68. The authorities indicated that, in accordance with their commitments in the SAA, all  Albanian 
technical regulations are the result of the adoptio n of EU technical regulations.  No technical 
regulations are devised in Albania.  The draftin g of the Albanian version of the adopted EU 
regulations is the responsibility of the incumbent Mi nistry in Albania.  However, this responsibility 
falls mostly on METE's Market Surveillance Departme nt, which is in practice responsible for drafting 
the majority of technical regulations.46  Once drafted, the technical regulations are sent to the General 
Directorate of Standardization for notification to the WTO, line ministries;  and business 
organizations for comments and suggestions.  When  this consultation process is finished, the draft 
regulations are sent to the Council of the Ministers for final approval.  Usually, a technical regulation 
is implemented one year after its publication on the Official Gazette .  This explains why so few of the 
draft five technical regulations notified to the WTO by end 2009 had become final regulations at that 
time. 
                                                      
45 WTO documents G/TBT/N/ALB/1, 28 January 2005 to G/TBT/N/ALB/38, 3 September 2009. 
46 The EU's New Approach to product regulation and the Global Approach to conformity assessment 
seek to limit public intervention to what is essential and leave business and industry the choice of how to meet 
their public obligations.  New Approach directives are based on the following principles:  harmonization is 
limited to essential requirements;  only products fu lfilling the essential requirements may be placed on the 
market and put into service;  harmonized standards, the reference numbers of which have been published in the 
Official Journal  and which have been transposed into national standards, are presumed to conform to the 
corresponding essential requirements;  the application of  harmonized standards or ot her technical specifications 
remains voluntary, and manufacturers are free to choose any technical so lution that provides compliance with 
the essential requirements and may choose between different conformity assessment procedures provided for in the applicable directive.  For mo re information on the New Approach see European Commission (2000). WT/TPR/S/229/Rev.1 Trade Policy Review 
Page 48 
 
 
Table III.7  
Technical regulations in place, December 2009  
Regulation Number, Date and Title 
DCM No. 888 of 19 December 2007 "On the approval of the techni cal regulation "On the essential requirements and conformity 
assessment for toys" (Directive 88/378/EEC) 
DCM No. 889 of 19 December 2007 "On the approval of the techni cal regulation "On the essential requirements and conformity 
assessment for simple pressu re vessels" (Directive 87/404/EEC) 
DCM No. 73 of 28 January 2008 "On the approval of the technical regulation "On the essential requi rements and conformity assess ment 
for pressure equipment" (Directive 97/23/EC) 
DCM No. 369 of  27 March 2008 "On the approval of the technical re gulation "On the essential requi rements and conformity assess ment 
for electrical equipment designed for use within  certain voltage limits" (Directive 73/23/EEC)  
DCM No. 864 of. 18 June 2008 "On the approval of the technical re gulation "On the essential require ment and conformity assessme nt for 
electromagnetic compatibility" (transpose the Directive 2004/108 EC)  
DCM No. 1216 of 3 September 2008 "For the approval of the techni cal regulation "On the essentia l requirements and conformity 
assessment for machinery" (Directive 2006/42/EC) 
DCM No. 152 of 11 February 2009 "On the approval of the technical regulation "On the requirements of energy efficiency for ball asts for 
fluorescent lighting" (Directive 2000/55/EEC)   
DCM No. 141 of 11 February 2009 "On the approval of the technical  regulation "On the essential re quirements and conformity asse ssment 
of energy efficiency requirements for household electric refrigerat ors, freezers and combinations thereof" (transpose the Direc tive 
96/57/EC) 
DCM No. 142 of 11 February 2009 "On the approval of the technical  regulation "On the essential re quirements and conformity asse ssment 
on equipment and protective systems intended for use in  potential explosive atmospheres" (Directive 94/9/EC) 
DCM No. 91 of 27 January 2009 "On the approval of the technical regulation "On the essential requi rements and conformity assess ment of 
lifts" (Directive 95/16/EC)  
Law No. 10,113 of 30 April 2009 "On the indicati on by labelling and standard product information of energy consumption of house hold 
appliances" (Directive 92/75/EEC) 
DCM as at end 2009 (November 2009) "On the approval of the techni cal regulation "On the essentia l requirements and conformity 
assessment of new hot water boilers fired with liquid or gases fuels".  It was appr oved by the Council of Ministers, but not ye t published in 
the Official Gazette as at end 2009 
DCM as at end 2009 (November 2009) "On the approval of the techni cal regulation "On the essentia l requirements and conformity 
assessment of personal protective equipment".  It was approve d by the Council of Ministers, but not yet published in the Official Gazette 
as at end 2009 
Source:  Information provided by the Albanian authorities. 
69. Technical regulations from non-EU trading pa rtners are accepted as equivalent after 
evaluation of a declaration of conformity and a te chnical dossier;  standards applied by the foreign 
manufacturer must fulfil Albanian (and EU) essential requirements in accordance with Article 15 of Law No. 9,779 of 16 September 2007.  Certificates, tests, and inspection reports issued by bodies 
notified by EU Member States are recognized in Albania when the imported products are covered by 
technical regulations that transpose European techni cal directives.  Certificates, tests, and inspection 
reports issued by conformity assessment bodies in countries outside the EU may be recognized and 
accepted if the issuing bodies are accredited by an accreditation body signatory to the EA (European 
Co-operation for Accreditation), ILAC (Internati onal Laboratory Accreditation Cooperation) or IAF 
(International Accreditation Forum) Multilateral Ag reements (only for conf ormity assessment tasks 
included in the scope of the Multilateral Agreements to which the accreditation body is a signatory).  
The certificates, tests, and inspection reports i ssued by conformity assessment bodies that are not 
accredited by the EA, ILAC or IAF, may be reco gnized based on the equi valence of accreditation 
procedures, which must be established by the Albani an Accreditation Directorate.  In February 2007, 
the Albanian Accreditation Directorate signed a cooperation agreement with the EA
47, which allows 
the Directorate to take part in meetings and give  suggestions and comments in documents proposed by 
EA, and other organizatio ns and accreditation bodies.48  The Albanian Directorate of Accreditation is 
                                                      
47 The EA, a non-profit association set up in November 1997, is the European network of nationally 
recognized accreditation bodies.  It s aims are to define, harmonize a nd build consistency in accreditation 
in Europe, by ensuring common interpretation of standards and ensuring transparency.  Regulation (EC) 
Nº 765/2008 of the European Parliament and the Council of  9 July 2008 reinforces the EA's role in the voluntary 
and regulated sectors.  EA online information.  View ed at:  http://www.european-accreditation.org/content/ 
ea/europNetwork.htm. 
48 Albanian Directorate of Accredita tion online information.  Viewed at:  http://www.albanianaccredita 
tion.gov.al/mainEng/Directorate_of_Accr.html#3. Albania WT/TPR/S/229/Rev.1 
 Page 49 
 
 
an associated member of ILAC and a member of IAF, and has memoranda of cooperation with its 
homologous institutions in Greece, Romani a, and Kosovo, Montenegro, and FYRM. 
70. Testing and/or inspection must be carried out according to the relevant EU harmonized 
standards (adapted into Albanian ones).  Tests fo r the pre-marketing of regulated products, in cases 
where technical regulations transpose a New Appro ach Directive, must be conducted by designated 
laboratories.  Accreditation is a pre-condition to ob tain the status of designated laboratory.  Most 
market surveillance activities for industrial produc ts are the responsibility of the METE, and are 
usually based on risk assessment, random checks, and sampling carried out by accredited laboratories.  
Market surveillance for construction products and fo r medical devices is under the Ministry of Public 
Works, Transport and Telecommunications, and the Ministry of Health, respectively.  Market 
surveillance activities are based on the EU's Gene ral Product Safety Directive (GPSD) provisions.  
Law No. 9,779 of 16 July 2007 entitles the competent Ministry to order the removal of deficiencies within a prescribed time limit.  There are two certification bodies in Albania accredited by the 
Albanian Accreditation Directorate.   
(b) Standards 
71. The principal law governing the adoption of st andards on engineering, transport, food, 
agriculture, units, and measurements, is Law No. 9,870 of 4 February 2008 "On standardization", 
which replaced Law No. 8,464 of 1999.
49  According to the authorities,  the main reason for enacting 
new legislation was to better implemen t Albania's commitments under the SAA.50  Council of 
Ministers Decision No. 789 of 22 July 2009, inter alia , elaborates the responsibilities of the DPS in 
greater detail.  The authorities indicated that the Law On Standardization is likely to be amended to 
include telecommunications standards.    
72. Albania accepted the Code of Good Practice for the Preparation, Adoption and Application of 
Standards in 1999.51   
73. The DPS represents Albania in various Eur opean and international standard-setting 
organizations.  It is an Associate Member of the International Electrotechnical Commission (IEC), 
and a Correspondent Member of the International Orga nization for Standardization (ISO).  It is also 
an Affiliate Member of both the European Commi ttee for Standardization (CEN) and the European 
Committee for Electrotechnical Standardization (C ENELEC).  According to the authorities, while 
there has been only a gradual increase in the numbe r of purely Albanian st andards approved over the 
past decade, there has been a dramatic increa se in the number of approved foreign standards, 
particularly European Standards.  In 2009, 73% of standards approved were European standards. 
74. During 2009, a total of 1,992 standards were adopted, as well as 398 amendments and 
standadization documents:  1,653 were European  standards (473 from CENELEC and 1,180 from 
CEN).  Some 21,851 standards are currently in place (December 2009), of which 73% are European standards, 12% ISO and IEC standards, 15% are Na tional standards, and 3% are standards adapted 
from other sources.  In line with Albania's commitm ent under the SAA to gradually take on board EU 
standards, Albania has adopted as Albanian standards (S SH) 92% of the CEN and CENELEC standards. 
                                                     
 
49 Law No. 9,870 (unofficial transl ation).  Viewed at:  http://www.d ps.gov.al/PDF/Low_OnStandardiza 
tion.pdf.   
 50 DPS (2008). 
51 WTO document G/TBT/CS/N/128, 15 February 2001. WT/TPR/S/229/Rev.1 Trade Policy Review 
Page 50 
 
 
(ix) Sanitary and phytosanitary measures 
(a) Transparency 
75. The main institutions responsible for developi ng laws and regulations relating to animal, 
human, and plant health are the Ministry of Health and Environmental Protection, and the Ministry of 
Agriculture, Food and Consumer Protection.  Th e two agencies responsible for implementing these 
laws and regulations, the State Sanitary Inspect orate (part of the Ministry of Health and 
Environmental Protection), and the Veterinary Se rvice and the Plant Protection Service, are both 
under the Ministry of Agriculture, Food and C onsumer Protection.  SPS measures are also 
implemented at the sub-central level by the appropriate local authorities. 
76. The main SPS-related laws in Albania are:  Law No. 9,863 of 28 January 2008 "On Food", as 
amended, which is harmonized with EU Regulatio n 178/2002, and has a five-year transition period 
for the full implementation of all its provisions;  Law No. 9,308 of 4 November 2004 (Veterinary Service and Inspectorate), as amended, and Law No. 9,362 of 24 March 2005 (Plant Protection 
Service), as amended.
52  Detailed requirements are set out in  specific decisions of the Council of 
Ministers and Ministerial Ordinances related to specific areas.   
77. The Directorate of Food Safety and Consumer Pr otection in the Ministry of Agriculture, Food 
and Consumer Protection (MAFCP) is Albania's nati onal notification authority and its enquiry point 
under the SPS Agreement.  Until June 2009, the Gene ral Directorate for Standardization (DPS) was 
its enquiry point.53   
78. Albania is member of the Codex Alimentarius  Commission, the European and Mediterranean 
Plant Protection Organization (EPPO), and the Worl d Organization for Animal Health (OIE), and a 
contracting party to the International Plant Protection Convention (IPPC).   
79. No specific trade concerns have been raised against Albania in recent years in the Committee 
on Sanitary and Phytosanitary Measures, and Alba nia has neither raised nor supported any specific 
trade concern against another WTO Member.    
80. Albania has not made any notifications to th e WTO regarding recognition of equivalence of 
other countries' SPS measures, and confirmed that  no such agreements have been reached.   
(b) Implementation 
81. SPS measures may take the form of laws, regul ations, or ministerial orders.  SPS measures 
are drafted by the relevant Central Competent Authority (CCA), under the various directorates of the MAFCP and the Ministry of Health.  The CCA conduc ts risk assessment and develops the measures.  
Implementation may be immediate, or medium or long  term.  The cost of developing the measure and 
conducting risk assessment is covered by the stat e budget.  According to the authorities, it is 
envisaged that all SPS activities will be carried out by  a single administrative body;  this is expected 
to be in place by 2011. 
82. In accordance with Law No. 9,362, the Director ate of Plant Protection Service cooperates and 
coordinates work with the General Directorate of St andardization to adapt international and European 
                                                     
 
52 Ministry of  European Integration online informa tion.  Viewed at:  http://mie.gov.al/skedaret/124833 
5735-9362L2005.doc (unofficial English translation). 
53 WTO SPS Information Management System.  Viewed at:  http://spsims.wto.org. Albania WT/TPR/S/229/Rev.1 
 Page 51 
 
 
standards to the field.54  This is also the case for animals and animal products a nd food products.  The 
procedures used are EU standards transposed as Al banian procedures. Albanian regulations require 
copies of proposed SPS measures to be provided to  WTO Members within a reasonable period, and 
establish a process to take comments into account without discrimination.   
83. Albania has notified 125 SPS measures to the WTO (1999 to end November 2009)55;  12 were 
regular notifications, and 113 were  emergency notifications.  On ly two of Albania's regular 
notifications allowed for a 60-day comment peri od by Members before their entry into force.56  The 
authorities indicated that training and technical assistance on SPS notifications would be helpful. 
84. The Food Safety Inspectorate in the MAFCP is, inter alia,  responsible for customs control of 
imported food products.  It checks that food imports  are labelled in the Alba nian language, as required 
by the Council of Ministers Decree No. 554, and tak es samples for analysis.  All imports of food of 
animal origin are physically inspected at the border.   There are no figures for physical inspection of 
food not of animal origin, however the Food Safety Inspectorate’s objective is to control some 90% of 
all food products regularly at the border.57  The authorities indicated that samples are taken on a 
random basis or when there is doubt.  Albania rec ognizes risk assessments for third countries done by 
EU members.  Albania follows OIE and EPPO procedures for recognizing pest or disease-free areas.  
85. As set out in law No. 9,308, all imports of live animals, products of anim al origin (excluding 
food), unprocessed materials, biologic materials, bi o-products, veterinary drugs , and food for animal 
use are inspected at authorized border inspection pos ts (those with facilities for veterinary control).58   
Imports must be accompanied by an international veterinary certificate.  Veterinary inspectors form 
part of the customs team, and have the authority to inspect the sanitary-vet erinary conditions of 
import shipments as well as to take samples for laboratory analysis.  If the veterinary inspector suspects a contagious disease, contamination, organi c deterioration, or notices that documentation is 
incomplete, he/she may order the consignment to be locked.  The Chief Veterinary Office of the 
Region checks the consignment and may release the goods or otherwise revoke the entry of the 
consignment, require laboratory analysis, confi scate the consignment or take other preventative 
measures.  Imports (as well as exports) are subject to  a veterinarian fee.  All imported animals are 
subject to quarantine for a minimum of 21 days, except for animals that are imported from disease-free countries and are destined for slaughter with in 72 hours.  Quarantine costs are borne by the 
importer.  Importers of live animals, leather, feed, biologic material on animal insemination, and 
veterinary drugs and vaccines must be licensed.  Imports are permitted from countries that meet 
international standards (Chapter III(2)(vi));  howev er to ensure cooperation, Albania has bilateral 
veterinary agreements with Macedonia (1998), Cr oatia (1998), Romania (1999), Bulgaria (2000), the 
Mission of the United Nations Interim Administra tion in Kosovo (2003), and Brazil (2006).  Law 
No. 9,308 (Article 3, paragraph 15), prohibits th e use of hormones in meat production;  for this 
reason, imports of food of animal origin which are labelled as containing hormones are not permitted. 
86. Albania does not have any legislation in force to regarding on the market of food composed 
of or containing GMOs.  However, Law No. 9,863 of 28 January 2008 has a chapter on food composed of or contain GMOs.  This chapter, which is not yet in force, would allow, subject to risk 
analysis and authorization by the MAFCP, impor ts of food containing GMOs (classified as "new 
                                                     
 
54 Draft acts are sent to the General Dir ectorate of Standardization for comments. 
55 WTO documents G/SPS/N/ALB/1, 3 September 1999 to G/SPS/N/ALB/ 125, 1 October 2009.  Most 
of these notifications have been submitted since 2007. 
56 WTO documents G/SPS/N/ALB/66, 30 May 2008 and G/SPS/N/ALB/67, 3 June 2008.   
57 Ministry of Agriculture, Food and Consumer Protection (2007b).   
58 Law No. 9,308.  Viewed at:  http://www.lexad in.nl/wlg/legis/nofr/eur/arch/alb/Law9308.pdf. WT/TPR/S/229/Rev.1 Trade Policy Review 
Page 52 
 
 
food") provided products are labelled as containing GMOs  (Article 36).  The authorities indicated that 
this chapter is expected to be in force in 2013.   
87. Under Law No. 9,362 of 24 March 2005 plants a nd plant products are inspected by inspectors 
from the Plant Protection Service at approved customs entry points.59  No figures are available 
regarding physical inspections of consignmen ts.  Where there are concerns about quality, 
consignments are held at the border inspection post and samples taken.  Imports must be accompanied 
by phytosanitary certificates.  Only registered plant protection products may imported into Albania:  the register is held by the Directorate of Plant Protection Services.  In order to add a new product to this list, an assessment involving several agencies must be undertaken.  An import licence is also 
required from the Directorate of Plant Protection Services.  Import licences may only be granted to 
graduates of the Faculty of Agronomy.   
88. One of the objectives of the National Strategy for Development and Integration 2007-13 is to 
introduce modern systems of food safety and to promote the institutional strengthening of state 
inspectorates, establishing a Food Auth ority.  In the Strategy, the authorities note that low food safety 
standards in Albania hamper its ability to export ag ricultural products.  In this respect, meeting the 
phytosanitary and food conditions of the SAA w ill be a big challenge;  the standards cover 
production, marketing, safety and quality certifi cate conditions for goods and services, processing, 
and inspection and control services.
60  Proposed actions to meet this challenge include establishing 
mechanisms for early tracking of risks, and guarant eeing a future link with the European systems of 
information exchange, such as the Rapid Alert System for Non-Food Products (RAPEX) and the 
Rapid Alert System for Safety of Food and Feed (RASFF). 
(3) MEASURES DIRECTLY AFFECTING EXPORTS  
89. Albanian legislation on customs matters has been  drafted with assistance from the European 
Union.  No export taxes are applied and licences must be obtained for only a handful of mostly 
sensitive products.  Special export permits are require d by Customs for goods that are considered as 
part of Albania’s national heritage and cultu re, firearms, ammunition, dual use goods and 
technologies. 
(i) Procedures 
90. Albanian legislation on customs matters, including  exports, is contained in the Customs Code 
(Law No. 8,449 of 27 January 1999) issued with th e assistance of the European Union.  The following 
documents may be required to export to Albania:   a customs declaration form (in triplicate);  
commercial invoice;  packing list;  certificate of orig in (if relevant);  phytosanitary certificate (for 
fruits, vegetables, seeds, and other plants);  and a health certificate (for livestock products, 
pharmaceuticals, and food).61  Export procedures are the same for goods transported by air, by sea or 
by road.   
91. Goods that are not subject to prohibition or r estriction measures and with a value of up to 
lek 100,000, may be cleared for export directly at the border;  the customs declaration does not need 
to be submitted in advance.  This provision does not apply when the person making the export 
declaration is a professional customs agent. In all other cases, export declarations must be submitted 
                                                      
59 Ministry of European Integration online informa tion. Viewed at :  http://mie.gov.al/skedaret/1248335 
735-9362L2005.doc (unofficial English translation). 
60 Council of Ministers (2008). 
61 Promozione Sviluppo Italia-Albania online information (in Italian).  Viewed at:  http://www.slas. 
info/cosa_e_come_fare_per/importare _esportare_italia_albania_it.php. Albania WT/TPR/S/229/Rev.1 
 Page 53 
 
 
to Customs prior to export.  Based on risk analys is, exports are inspected prior to loading into 
containers.  There are no registration requireme nts for exporters or export products.  Export 
declarations are processed electronically.   
(ii) Export duties 
92. Albania does not apply any export duties or taxes.62 
(iii) Export prohibitions, restrictions, and licensing 
93. The exportation of firearms, ammunition, psyc hotropic substances, a nd narcotic drugs are 
prohibited.  Special export permits are required fo r precious metals, antiques, national costumes of 
artistic or folkloric value, and books and works of art that form part of the national heritage and 
culture.  Exports of some organic chemicals included in HS Chapter 29 are prohibited to 
non-signatories of the Montreal Protocol.   
94. Export licences are required for the exportation of military goods, under Law No. 9,707 of 
5 April 2007 "For the state control of import/export activity of military goods".  The Albanian State 
Export Control Authority controls the export/impor t of military goods and technology.  Since 
July 2009, the Authority also has competence to grant import, export and production licences for 
explosive materials (previously granted by the Mini ster of Defence).  These licences are for one year 
for imports and exports, and eight years for production.  The Council of Ministers approves, annually, the list of goods subject to state control of exports, to reflect the respective lists of controlled goods in 
the EU.  The exportation of radioactive materials is  regulated by the Radiation Protection Commission 
and subject to licensing.
63 
(iv) Duty and tax concessions, including subsidies 
95. Law No. 9,374 of 21 April 2005 "On State Aid", as amended by Law No. 10,183 of 
29 October 2009, explicitly forbids aid directly linke d to the quantity of goods exported and/or to 
current expenditure linked to an export activity .  Aid contingent upon the use of domestic over 
imported goods is also prohibited.  The Law does no t apply, however, to aid granted to agriculture 
and fisheries.  Albania notified the WTO in 2008 that during the calendar years 2000 to 2007 it had 
provided no agricultural export subsidies.64 
96. Albania created a programme of economic zon es, through Law No. 9,789 of 19 July 2007, 
"On Establishment and Functioni ng of Economic Zones".  This law regulates the establishment, 
functioning, supervision of economic zones, right s and obligations of r esponsible institutions, 
developers, operators and users acting under their authority, the kind of activities, which are 
performed within them, as well as the way of determining the sites and borders.  The 2007 law 
repealed Law No. 8,636 of 6 July 2000, as ame nded, "On Free zones".  Law No. 9,789 defines 
"economic zone" as a territory having a specific economic status, which ca n be a free zone or 
industrial park.  The economic zones are aimed at:  encouraging investments;  creating new jobs;  
accelerating regional development and integration to the international market;  and introducing 
                                                      
62 BalkanNet online information.  Viewed at:  http://www.balkannet.eu/index.php?option=com_context 
&task=view&id=175&Itemid=143. 
63 The State Export Control Authority was established under Law No. 9,707 of 5 April 2007 "On State 
Control of the Activities of Import-Export of Military Goods and Technological Goods of Dual Use", and 
Council of Ministers Decision No. 34 of 16 January 2008 "On the Organization, Functioning and Status of the 
State Export Control Authority". 
64 WTO document G/AG/N/ALB/1, 6 October 2008. WT/TPR/S/229/Rev.1 Trade Policy Review 
Page 54 
 
 
advanced technology.  Economic zones are determ ined by the Council of Ministers based on a 
proposal by the Minister of Economy, Trade and Energy (METE).  The declaration of each economic zone includes:  (a) zone status (fre e zone or industrial park);  (b) zo ne borders;  (c) kinds of activities 
to be developed;  (d) period of functioning;  and (e) mode in which the zone status is granted (rent, 
concession, etc.).  Any legal activity that does not impair Albania's environment, flora, fauna, and 
national property can be carried in an economic zone. 
97. The METE is responsible for following up a ll activities related to the economic zones, 
including accepting and evaluating applications fo r the development of zones, and licensing the 
developer.  Albanian legislation applies inside the economic zones.  In the free zone, imports are 
exempted from customs duties and value-added tax;  services provided within the free zone are 
exempted from value added tax.  Economic zone s with industrial park status do not enjoy these 
benefits.  Goods entering the free zone are subject to customs control and surveillance, in accordance 
with the Customs Code.  Goods that originate in ot her parts of the customs territory of Albania and 
are not in transit in the free zone, are considered as exports.  Infrastructure services offered by the rest 
of the customs territory of Albania to licensed deve lopers and users of the free zone are considered 
service exports.  Goods that are transferred from the fr ee zone to the rest of the customs territory and 
that are not in transit are subject to payment of all import duties.  Any part of these goods that has been processed in the customs territory of Alba nia is subtracted from the value of the products 
obtained, for the purpose of calculating customs dutie s.  The other taxes and duties are applied on the 
full value.  Payments connected to the activity of  the natural and legal entities operating within the 
free zone may be in the local or foreign currency. 
98. Albania has a few customs regimes that contain special provisions or treatment for exports.  
Under the Temporary Admission Regime, non-Alba nian goods destined for re-export without 
transformation may be used in the Albanian customs territory completely or partially exempted from 
import duties.  Goods may be held under this regime  for a maximum of one year.  A fee equivalent to 
3% of the total import duties is payable fo r each month the goods are in Albania.   
99. Albania also maintains a drawback system fo r all goods except those subject to quantitative 
import restrictions, or that might, within quotas,  qualify for a preferential tariff measure or duty 
suspension.  The drawback system may be used onl y if no other export refund has been received.   
100. Albania also has a system of Processing under Customs Control, which allows the tariff-free 
importation of goods for processing in Albania.  Th e nature of the goods must be altered through 
processing;  and the resulting products are released for circulation in Albania subject to payment of 
the relevant customs duty.  This procedure is aut horized only for persons established in Albania, and 
where the imported component can be identified in  the processed products.  The procedure must not 
result in a circumvention of rules of origin.  Two requests have been made, both of which were 
authorized.   
(v) Export finance, insurance, and promotion 
101. Albania maintains an export guarantees schem e, which has been notified to the WTO 
Subsidies and Countervailing Measures Committee (SCM).
65  The Export-Credit Guarantee Fund, 
aims at supporting exporters, through state guarantees for short-term financing loans, in order to ensure that domestic exporters face the same financing terms an d conditions as foreign ones.  The 
Fund also aims at increasing the competitiveness of  Albanian undertakings;  it is managed by the 
Department of Business Promotion (ALBINVEST), in  the Ministry of Economy, Trade and Energy.  
The Fund has its legal foundation on Law No. 8,957 of 17 October 2002 "On Small and Medium 
                                                     
 
65 WTO document G/SCM/N/123/ALB, 21 March 2005. Albania WT/TPR/S/229/Rev.1 
 Page 55 
 
 
Enterprises", Law No. 9,665 of 18 December 2006 "On state loan, state debt and state guarantees in 
the Republic of Albania", and Decree No. 489 of 25 July 2007 "On the establishment of the Export Guarantee Fund".  The subsidy is in the form of loan guarantees to exporting small and medium 
enterprises (SMEs).
66  The maximum amount of the guarantee is lek 10 million per customer, for a 
maximum of 12 months and 80% of the value of th e credit.  The scheme is managed by the Export 
Credit Guarantee Unit in Albinvest, which has been operational since 2008.  A total of lek 200 million 
(€1.54 million) was assigned for the period 2007-12. 
(4) MEASURES AFFECTING PRODUCTION AND TRADE  
(i) Legal framework for business 
102. Albania's legal framework for business is relatively open.  In recent years, measures have 
been taken to improve the business environment but some challenges remain, especially with respect 
to ease of paying taxes and of obtaining construction permits.  
103. All companies must be registered in the Register of Companies.  Law No. 9,901 of 
14 April 2008 "On Entrepreneurs and Companies" regulates the establishment and management of 
commercial companies in Albania. The procedures for business registration were simplified by the 
METE, which combined all registration steps, includi ng tax registration, into a single procedure.  To 
this end, a new law on business registration reform  was enacted:  Law No. 9,723 of 3 May 2007 "On 
the National Registration Center" established the Na tional Registration Center (NRC) as a new central 
public institution.  The NRC, wh ich began operating in 2007, provides access to registry information 
via the internet and electronic registration is foreseen;  it has service windows country-wide.  
104. Albanian legislation provides for companies to be established under four main corporate 
forms:  general partnership, limite d partnership, limited liability company, and joint stock company.  
Individuals may also register to do business in Al bania;  they have unlimited liability for debts 
incurred as a result of their business.  The most comm on corporate form used by foreign investors is 
the limited liability company.  Foreign compani es may also be established through a representative 
office or a branch;  they are subj ect to the same procedures and formalities required for the formation 
of an Albanian society.  Branches of foreign co mpanies are subject to the same tax treatment as 
domestic companies.67 
105. Foreign investment into Albania is regulated by Law No. 7,764 of 2 November 1993 "On 
Foreign Investment.  Foreign investments are not subject to conditions prior to authorization.  They are granted national treatment, except with respect to  land ownership, which is regulated by a special 
law (see Chapter II(3)).   
106. Law No. 8,438 of 28 December 1998 governs income  tax for natural and legal persons.  All 
domestic and foreign companies engaging in economic activities in Albania are subject to income tax 
on all their sources of income based in Albania.  Foreign companies based abroad but with activities 
in Albania are taxed only on the basis of thei r Albanian operations.  The tax rate is 10%.
68  Taxable 
                                                      
66 In accordance with Law No. 9, 374 of 21 April 2005  "On State Aid", small and medium-sized 
enterprises (SMEs) are undertakings that employ not more than 250 employees and have an annual turnover not 
exceeding €40 million or an annual bala nce sheet total not exceeding €27 mill ion, and in which not more than 
25% of the capital or voting rights is owned by one undertaking or several undertakings falling outside the definition of a SME. 
67 Promozione Sviluppo Italia-Albania online information (in Italian).  Viewed at:  http://www.slas. 
info/cosa_e_come_fare_per/imprenditore_in_albania_it.php. 
68 Ministry of Finance (2009). WT/TPR/S/229/Rev.1 Trade Policy Review 
Page 56 
 
 
income includes corporate earnings, distributed stoc k dividends, income from the lease and transfer of 
real property, and interest on bank deposits and securities.  In accordance with Law No. 8,438 there is 
a withholding tax of 10% on dividends, royalties, in terest, and technical service and management fees 
paid to both residents and non-residents.  For forei gners, the withholding tax rate may be reduced by 
treaty;  for example, it is zero in the case of Hungary. 
107. Law No. 9632 of 30 October 2006 provides for the application of a tax on small businesses, 
defined as those with an annual turnover of less than  lek 8 million (approximately  €58,400).  This tax 
is applied instead of income tax on profits and is  divided into two categories:  a fixed amount on 
turnover of up to lek 2 million (a pproximately €15,000), plus a proportio nal tax of 1.5% on income of 
between lek 2 and 8 million.  The authorities noted that the tax due is always presumptive, based on 
the agreed turnover of the taxpayer with the tax authorities, rather than on actual turnover.  
108. According to a World Bank study, Albania h as made considerable progress in its ease of 
doing business in recent years.  In 2009, Albania was ranked second among the top ten reformers, and 
86th overall out of 181 economies analysed, up 49 places from 2008.69  Albania fared particularly well 
with respect to facility of obtaining credit, for which it was classified 12th, up from 61st in 2008.  
Albania also made substantial progress with respect to the protection of investors (14th up from 168th);  
ease of starting a business (130th to 67th).  It fared low, however, with respect to the ease of obtaining 
construction contracts (170th) and paying taxes (143rd).  The World Bank noted that in order to start a 
company in Albania in 2009 an investor needed to go through 6 procedures that on average took a 
total of 10 days to complete, down from 10 procedur es and 36 days in 2008;  the cost was 25.8% of 
Albania's per capita GNI.70   
109. The authorities noted that Albania has reduced  the number of steps required to establish a 
business from ten prior to 2007 to four in 2009.71  This process has been facilitated by Law No. 9,897 
of 10 April 2008, which eliminated some prior ma ndatory registration requirements, and by the 
establishment of the NRC. 
(ii) Competition policy and price controls 
110. Albania has made substantial efforts in recen t years to enforce competition policy and to 
adapt its legislation and practices to EU standards;  it has been assisted by the EU, the governments of 
Italy and Germany, and the EBRD.72  In 2003, Albania adopted a competition law that represents a 
potentially important step towards enhancing competiti on, particularly given its reform efforts and the 
smallness of its market, which can lead to oligopolis tic concentration in some sectors of the economy.  
The authorities consider the development and prot ection of free and effective competition a very 
important element in accomplishing the consolidatio n of a fully functioning market economy, and its 
integration into the global economy, as well as  a step towards even tual EU membership.73  T h e y  
consider that a regime of open trade and fully fl edged competition is essential to ensure economic and 
social prosperity, and that creating and maintainin g the structures and instruments needed for the 
                                                      
69 World Bank online information.  Viewed at: h ttp://www.doingbusiness.org/ExploreEconomies/?eco 
nomyid=3.  
70 World Bank (2009). 
71 Ministry of Economy, Trade and Energy online in formation.  Viewed at:  http://www.mete.gov.al/ 
mat.php?idm=610&l=e. 
72 Italian Ministry of Foreign Affairs online informat ion (in Italian).  Viewed at:  http://www.esteri.it/ 
MAE/IT/Ministero/Servizi/Italiani/O pportunita/Nella_UE/Gemellaggi/Pgr _IPA_2009/IPA_Albania.htm.  See 
also EU online information. Viewd at:  http://ec.europa.eu/enlargement/pdf/albania/ipa/2008/15_competition_ 
and_state_aid_clean_en.pdf.  
73 OECD-Hungary Regional Centre for Competition (2009). Albania WT/TPR/S/229/Rev.1 
 Page 57 
 
 
preservation of free market rules is of utmost importance.  The main competition policy objectives are 
contained in the National Competition Policy. 
111. Competition policy is regulated by Law No. 9,121 of 23 July 2003 "On Competition 
Protection", as amended by Law No. 9,499 of 3 Ap ril 2006.  Law No. 9,121, which entered into 
force on 1 December 2003, applies to any entity, public  or private, engaged in commercial activity, as 
well as to any associations thereof;  it is also applicable to foreign entities whose activities have 
an effect on the Albanian market.  In rela tion to public entities, the competition rules seek 
to promote competition through liberalization, pub lic procurement practices improve, and ensure a 
pro-competition stance when privatizating.74  The 2003 Law follows EU legislation, although 
differences remain.  It deals with three main area s:  agreements with serious consequences on the 
market (cartels), abuse of dominant position, and economic concentrations.  According to a recent 
study, the changes introduced by the 2003 Law appear to reflect current thinking in Albania that the 
dynamic and constantly changing nature of the mode rn marketplace requires a continuously evolving 
competition policy and legal framework.75   
112. Law No. 9,121 prohibits certain practices, indepe ndently of their effects.  It explicitly 
prohibits all agreements that prevent, restrict or di stort of competition, and in particular those that:  
(a) directly or indirectly fix purchase or selling prices, or any other trading conditions;  (b) limit or control production, markets, technical development,  or investment;  (c) share markets or sources of 
supply;  (d) apply dissimilar conditi ons to equivalent transactions w ith other trading parties, thereby 
placing them at a competitive disadvantage;  a nd (e) make contracts subject to acceptance of 
supplementary obligations that ha ve no connection with the subject of such contracts.  These 
prohibited agreements are not  considered legally valid.
76   
113. The Law exempts from this general prohibition horizontal agreements for the specialization 
or rationalization of economic activities;  the resea rch and development of pr oducts and processes;  
and the joint purchasing or selling of products, from  and to a single source, provided that they are 
justified on grounds of economic efficiency.77  The Law also allows exemptions for vertical 
agreements justified on grounds of  economic efficiency, that:  (a) restrict sales into the exclusive 
territory or to an exclusive customer group reserve d to the supplier or allocated by the supplier to 
another buyer, where the restriction does not limit sales by the customers of the buyer;  (b) restrict sales to end-users by a buyer operating at the wholesale level;  (c) restrict sales to unauthorized distributors by the members of a selective distribution system, where the supplying undertaking, 
directly or indirectly, sells the contracted products  to selected distributors on the basis of specific 
criteria;  and (d) restrict the buyers' ability to sell components, supplied for the purposes of 
incorporation, to customers who use them to manufac ture the same type of products as those produced 
by the supplier.   
114. The Law also prohibits the abuse of dominan t position consisting in:  (a) imposing unfair 
purchase or selling prices or other unfair trading conditions;  (b) limiting production, markets or 
                                                     
 
74 CAA online information.  Viewed at:  http://www.caa.gov.a l/default.asp?l=1. 
 75 Dajkovic (2004). 
76 Law No. 9,121.  Viewed at:  http://web.w orldbank.org/WBSITE/EXTERNAL/TOPICS/EXTLA 
JUSTICE/EXTCOMPLEGALDB/0,,contentMDK:21266572~pagePK:2137398~piPK:64581526~theSitePK:21
37348,00.html. 
77 The Law stipulates that agreements are deemed to  be justified on grounds of economic efficiency, 
when they:  (a) reduce production and distribution costs, increase productivity, improve products or production 
processes, promote research into or dissemination of technical or professional know-how, or exploit resources 
more rationally, promote development of small and me dium enterprises, results, which cannot be achieved 
otherwise;  (b) allow consumers a fair share of resulting benefit; and (c) do not substantially restrict competition. WT/TPR/S/229/Rev.1 Trade Policy Review 
Page 58 
 
 
technical development;  (c) applying dissimilar c onditions to equivalent transactions with other 
trading parties;  (d) making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations;  (e) under-cutting prices or  other conditions that prevent entry or exclude 
from the market specific competitor(s) or one of th eir products;  (f) refusal to deal or refusal to 
license;  and (g) refusal to allow another unde rtaking access to its own networks or other 
infrastructure facilities of undertakings with a dom inant position, against adequate remuneration, 
provided that without such concurrent use the othe r undertaking is unable to operate as a competitor 
of the undertaking with a dominant position. 
115. The Competition Authority of Albania (CAA), a public entity, independent in performing its 
tasks, is in charge of monitoring and implementing competition policy issues.  It is directly appointed 
by and accountable to the National Assembly.
78  The CAA's mission is to protect free and effective 
competition in the market by impementing the legi slation on competition.  The National Assembly 
approves the annual budget for the CAA's activities.   The revenues collected under Law No. 9,121, 
including revenues from sanctions, are disbursed to the State Budget.  The Law foresees the right of 
the CAA to self-initiate investigations and to appl y penalties.  The current structure of the CAA, 
approved through Decision of the Albanian Par liament No. 12 of 12 May 2008, comprises the 
Competition Commission, and the Secretariat of the Competition Authority.  The Competition Commission is the CAA's decision-making body;  it is a permanent collegial body within the CAA's 
structure.  It is supposed to have five members, appointed for a five-year term by the Assembly, but 
currently has only four.  The Chairman of the Commission is the head of the CAA. 
116. The Secretariat monitors market conditions, performs administrative investigations, and 
prepares the related reports that are presented to  the Competition Commission.  In addition, the 
Secretariat represents the Competition Commission be fore the courts and follows up and supervises 
the implementation of decisions taken by the Co mmission.  In accordance with Law No. 9,121 and 
with Decision of the Albanian Parliament No. 96 of 30 April 2007 "On the Approval of the Structure and Organization of the Competition Authority", the Secretariat is headed by a General-Secretary 
elected by the Commission.  
117. The Commission has the authority to apply fines, cease and desist orders, and other civil 
remedies as a result of its investigations.  Fine s for non-serious infringement must not exceed 1% of 
the total turnover of the relevant company subject to the penalty in the preceding business year.  They 
may be applied when undertakers supply incorrect, incomplete or misleading information, refuse to 
answer a question, or give an incorrect, incomplete or misleading answer.  Fines for serious 
infringement may range from 2% to 10% of the total turnover in the preceding business year of each of the undertakings party to the infringement.  Th ey apply in cases of prohibited practices, abuse of 
dominant position, failure to notify a merger, or pr oceeding with a merger without approval, among 
others.  Fines applied between 2004 and mid-2009 totalled lek 667,36 million (some €5.13 million).  
118. The CAA is currently engaged in harm onizing domestic legislation with the acquis 
communautaire .  One of its other mains objectives is to strengthen institutional capacity, which is 
necessary to carry out deeper market analyses when free market principles are violated and effective 
competition is harmed.  For this purpose, the CA A is seeking cooperation with central and local 
government bodies and with regulatory bodies.  In  accordance with Law No. 9,121, these bodies are 
required to seek the official opinion of the CAA wh en drafting normative acts, especially those related 
to quantitative limitations on entering the market and trading;  granting exclusive or special rights to 
specific areas, specific undertakings and produc ts;  and practices related to pricing and selling 
conditions.   
                                                     
 
78 CAA online information. Viewed  at:  http://www.caa.gov.al. Albania WT/TPR/S/229/Rev.1 
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119. The CAA is a full-right member of Competiti on International Network, which includes 
65 other competition authorities from various countries. 
120. The 2003 Law contains clear provisions for the examination of mergers beyond specified 
thresholds.  There is a pre-merger notification oblig ation for concentrations of undertakings that, in 
the business year preceding the concentration, ha d combined worldwide turnover of more than 
lek 70 billion, or a domestic combined turnover of more than lek 800 million and the domestic 
turnover of at least one participating undertaking was over lek 500 million.  These mergers must be notified within one week after conc lusion of the agreement, or the ac quisition of a controlling interest, 
or the announcement of the public bid.  If there are signs that a concentration creates or strengthens a 
dominant position, within two months after receiving notification, the CAA must initiate an in-depth 
procedure or impose conditions and obligations;  otherwise the CAA must authorize the concentration.
79  Within three months of initiation of an  in-depth proceeding, the CAA Commission 
must decide whether the concentration is prohi bited.  The Law allows the CAA to prohibit a 
concentration that the investigation expects will create or strengthen a dominant position by one or 
more undertakings;  however, the CAA may not  prohibit concentrations where one of the 
undertakings risks serious failure, there is no less an ti-competitive alternative to the concentration, 
and without the merger, the undertaking would exit the market in the near future. 
121. The CAA has carried out some 36 investiga tions on anti-competitive practices since 2003, 
focused on some of the main areas of economic activity, including energy, telecommunications, and financial services.  A general investigation started in  the energy sector at the end of 2007, with the 
aim of assessing competition in the market in order to increase efficiency and consumer welfare.  The 
general investigation comprised three submarkets:  electrical energy, hydrocarbons, and gas-petrol.  A 
report submitted by the CAA in March 2008 to inter ested parties, including the METE, the Regulatory 
Entity for Energy, the Albanian Energy Corporation, and the Operator of the Transmission System, led to a CAA decision that included several recommendations for the further liberalization and the increase of competition in the electrical energy submar ket.  It was recommended that segments of the 
market found to be natural monopolies should provi de services on a commercial basis, that the 
financial support from the state budge t should be eliminated, and that they should provide network 
access to all customers.  It also recommended furthe r deepening of market liberalization.  The CAA 
also recommended a revision of the electricity sector legislation with a view to clarifying the definition of public service and ensuring that th e market segments remain ing under Government 
operate on commercial principles. 
122. In March 2008, the CAA launched an investiga tion with respect to the hydrocarbons market, 
with a focus on operators with significant market power in the wholesale market.  The resulting report 
showed that the undertakings under investigation ha d determined, sale prices, either directly or 
indirectly, in breach of Law No. 9,121.
80 
123. In February 2008, the CAA launched a prelim inary investigation to analyse potential 
competition restrictions in the wheat import market a nd in the production of flour.  It found elements 
of restriction of competition in violation of Law No. 9,121, and this led to an in-depth investigation 
completed in early 2009.  The CAA found that tw o undertakings were engaging in anti-competitive 
practices in the wheat import market and in the pr oduction of flour;  these companies were fined an 
                                                      
79 The conditions may include:  (a) the sale of parts of undertakings;  (b) the sale of any kind of 
participation in an undertaking activity;  (c) breaking or concluding contractual relationship;  (d) giving licences;  
(e) obligation to act or not to act in  a certain way;  and (f) any other re medy enabling the elimination of anti-
competitive effects or enabling the correct application of conditions and obligations. 
80 CAA, Competition Authority. WT/TPR/S/229/Rev.1 Trade Policy Review 
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amount equivalent to 2% of their preceding year's turnover.81  Also during 2008, the CAA conducted 
investigations in the telecommunications market , to monitor the behaviour of operators with 
significant market power, and in particular the behaviour of the fixed-line telephony operator, 
Albtelecom, after its privatization, as well as Al banian Mobile Telecommunications Sh.A. (AMC) and 
Vodafone Albania Sh.A., which were suspected of abusing their dominant position.  In April 2008 the 
CAA recommended legislation amendments to the Telecommunications Regulatory Authority 
(AKEP)), which led to the drafting of a new telecomm unications law (Chapter IV(4)(ii)).  In addition, 
the CAA launched a preliminary investigation to mon itor the behaviour of operators with respect to 
interconnection;  in December 2008, the CAA a dopted a decision recommending measures for the 
protection of competition in the market, such as dir ecting Albtelecom sh.a. to unify all interconnection 
agreements with the other operators.   
124. In 2008, the CAA was also engaged in the monitoring of the banking market with the 
objective of the assessment of its level of competitio n.  At the conclusion of the monitoring process, 
the Commission decided to launch investigation pr oceedings in the primary and secondary treasury 
bonds markets. 
125. The CAA adopted 13 decisions in 2008 with r espect to processes of economic concentration 
realized through the buying and selling of shares of various undertakings , in various economic 
sectors, including the financial market, the re tail market, the construction sector, the mobile 
telecommunications market, and the processing and tr ading of hydrocarbons.  The CAA reviewed and 
authorized nine of these concentrations.82  One of the mergers involved two foreign firms operating 
outside the Albanian market.   
126. Decisions by the CAA may be appealed in court.  Up to mid 2009, no formal decision made 
by any court had annulled any decisions of the CAA. 
127. In general, price controls are not applied in  Albania, although prices for telecommunication 
services, water, and electricity are regulated.   
(iii) State trading, state-owned enterprises, and privatization 
128. Albania notified to the WTO that it does not main tain any state trading enterprises within the 
meaning of Article XVII of the GATT 1994.83  In its process of accession to the WTO, Albania had 
already indicated that it did not have any companies falling in this definition.  
                                                      
81 CAA, Competition Commission, Decision No. 125 of 8 October 2009 "On Imposition of fines into 
the enterprises "Atlas" Sh.a and "Bloja" Sh.a for restriction of competition in the wheat import and flour 
production and sales market".  Viewed at:  ht tp://www.caa.gov.al/file/ven dimet/Decision%20125.pdf. 
82 These were:  (1) the purchase of 25.4% of the capital and the voting rights in the insurance company 
Credins sh.a. by BFSE Holding BV (Netherlands) and SIFE M (Switzerland);  (2) the purchase of 45.62% of the 
shares of Sigal Sh.a by Uniqa International Sh.A., (Austria);  (3) the purchase of 51% of the shares of the 
construction company Trema Engineering 2 shpk by Strabag SE (Austria); (4) the purch ase of 65% of the shares 
of Alba Cement Italia shpk by Antea Cement Sh.a (Greece);  (5) the acquis ition of full control over the company 
Euromax by Serbian and Dutch companies;  (6) the merg er of the U.S. companies Wrigley (chewing gum) and 
Mars Incorporated (chocolate);  (7) the acquisition of 85% of the controlling package in ARMO Sh.a 
hydrocarbons company, owned 100% by the state, by th e consortium Anika Mercuria Refinery Associated Oil 
Sh.a (AMRA);  (8) the acquisition of indirect contro l over the mobile telephony company AMC Sh.a, by 
Deutsche Telekom AG through Hellenic Telecommunicati on Organization SA (OTE);  and (9) the acquisition 
of indirect control by Volkswagen  over Porsche Albania Shpk, a bran ch of Porsche AG (Germany).  
83 WTO document G/STR/N/11/ALB, G/ STR/N/12/ALB, 13 October 2008. Albania WT/TPR/S/229/Rev.1 
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129. At the time of its accession to the WTO, some important sectors of the Albanian economy 
were still dominated by sole enterprises, including:   minerals research (GJEOALBA corporation);  
chrome mining, processing, and smelting (ALBCHROME  corporation);  copper mining, smelting, and 
production (ALBCOPPER);  and production of electric energy by hydro and thermal plants (Albanian 
Electroenergetic Corporation (KESH)).  Albania stat ed that it did not consider that any of these 
enterprises should be notified under Article XVII of  the GATT 1994 or Article VIII of GATS.  
Albania noted that none of the enterprises listed were subject to any form of Government control, that 
none had any exclusive right of importation or expor tation of any products, and that their operations 
were governed by Law No. 7,638 of 19 Nove mber 1992 "On Commercial Enterprises", which 
provided the same conditions and rul es for public and private enterprises.84     
130. The Ministry of Economy is in charge of impl ementing the privatization strategy with regard 
to most strategic sectors;  the Ministry of Fi nance is the responsible authority for banking and 
insurance.  The National Privatization Agency is  responsible for implementing the privatization 
process from the technical point of view.  The CAA analyses whether the privatization of a given company may result in a monopolistic position.  Albania considers privatization to be the crucial issue 
in the reform programme of an economy in transition.   
131. Privatization in Albania started in the second half of 1991 with the creation of the National 
Privatization Agency.  Law No. 7,512 of 10 A ugust 1991 "On sanctioning and protecting private 
property, free initiative, independent private activitie s and privatization", recognized private property 
in general and the idea of privatization of state en terprises in particular.  This law also provided 
guidelines for full restitution of nationalized proper ties to the original owners, enabled local and 
foreign investors to start private businesses, a nd provided legal guarantees for the protection of 
investors, and created a base for developing a lega l framework to regulate specific sectors of the 
economy.  Foreign investment in privatized industries was fostered by Law No. 7,764 of 
2 November 1993 "On Foreign Investment", which provided explicit guarantees for foreign investors 
(Chapter II(3)). 
132. The privatization process was carried out in step s, starting with small businesses, particularly 
service providers.  This was followed by the priv atization of land, under which the land of the 
collective and state farms was transferred to 450,000  units.  This was made possible by Law No. 7501 
of 19 July 1991 "On Land";  the process was complete d by the end of 1993.  The privatization process 
included the sale of some 220,000 state-owned flats.  Law No. 7,980 of 1995 recognized the right of a 
foreigner to become owner of construction land on ly if the investment on the land exceeded three 
times the land's value;  until then, the sale of la nd to foreigners was prohibited.  A 1998 legal 
amendment removed the right of ownership by foreigne rs, replacing it with the right to rent land for a 
99-year term.     
133. The next step was the privatization of small and medium-sized state-owned enterprises, 
defined as those with values of less than US $150,000 and US$500,000, respectively.  More than 
60,000 companies were privatized between January 1993 and April 1995.
85  This was followed by a 
programme of "voucher privatization" or "mass pr ivatization", in which individuals were given 
vouchers to "buy" shares of companies. This initiative,  lack of success, and the privatization of small 
and medium-sized companies, which was mainly completed by 1998, took place primarily through 
employees buy-outs;  many companies were liquidated in this process. 
134. The strategy to privatize major companies operating in strategic sectors was not put in place 
until 1998.  Law No. 8,306 of 14 March 1998, outlined a privatization strategy for sectors with a 
                                                      
84 WTO document WT/ACC/ALB/51, 13 July 2000. 
85 Aleksi (2003). WT/TPR/S/229/Rev.1 Trade Policy Review 
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significant importance to the economy, such as telecommunications, postal services, mining and 
energy, oil and gas, forests and water, roads a nd railways, airports, insurance companies, and 
state-owned second-tier banks.  Law No. 8,334 of 23  April 1998 introduced the possibility of using 
auctions or tenders for privatization.  The st rategic sectors were first deregulated and activities 
unbundled, so as to prevent the emergence of market  dominance, then they were rationalized and, 
finally, privatized.  The telecommunications, transport, and energy sectors were targeted, in that order.  
The Law allows the state to maintain a "golden" (controlling) share of any company in a strategic 
sector, but this prerogative has not been used:  the authorities noted that the general policy is for the 
State not to maintain ownership in any compan y once the privatization process is finalized.  
135. A number of laws were passed  that outlined the specificity of the privatization process 
in different sectors:  Decree No. 1,648 of 20 November 1996 "On accelerating the process of privatization of commercial banks with stat e owned capital" introduced legislation allowing 
the closure of non-profitable banking activities and th e acceleration of the privatization process.  Law 
No. 8,527 of 23 September 1999 provided for the privatization of the energy sector through auction.  The privatized companies in this sector would take the form of joint-stock companies, where the State 
would retain a golden (controlling) share.  La w No. 7,796 of 17 February 1994 provided for the 
privatization of the mining sector, for which compan ies were divided into large, medium and small-
sized.
86  Large-sized enterprises were to be privatized  with strategic investors holding not less than 
30% of the shares;  medium-sized enterprises were to be privatized with strategic or non-strategic 
investors holding not less than 30% of the shares;  and small enterprises were to be privatized by 
transforming them into joint-stock or limited-liability  companies.  Limited domestic capital, however, 
made privatization of large enterprises diffi cult, and slower than  initially planned. 
136. Albania privatized its first mobile phone ne twork in 1999, though a US$85.6 million sale to 
Telenor International of Norway and Greece's Cosm ote.  In 2001, it awarded the second mobile phone 
licence to Vodafone through an international tender.   Other important priv atizations include the 
railway sector;  the concession of the Port of Du rres;  several water supply enterprises (Elbasan, 
Sarande, Durres, Lezhe, Fier and Kavaje through  a management contract, and Berat and Korce 
through concessionaire contracts);  the mining companies Albkrom Ltd. (chromium) and AlbBaker Ltd. (copper);  and Albanian Refining a nd Marketing Oil (ARMO) (see below).
87  In its process of 
privatization, Albania received support from the EBRD, the World Bank, and the German 
Government’s Organization fo r Technical Cooperation (GTZ).88  The privatization process was 
conducted on a case-by-case basis, whereby the Counc il of Ministers adopted a final decision on the 
privatization of an asset or enterprise.  Most privatization procedures were carried out during the 
                                                      
86 The law was later modified by Law No. 8,741 of 15 February 2001 (Labour safety), Law No. 9,261 
of 22 July 2004, and Law No . 9,667 of 29 December 2006.  Privatiza tion in mining is also guided by the 
provisions of Law No. 9,663 of 18 December 2006 (Concessions).  Albania produces copper, chromium, 
carbonate minerals, industrial minerals, mineral rocks, sedimentary industrial minerals, chromites, etc.  It has the largest level of chromium reserves in Europe.  According to the authorities, the mining sector is currently 
fully in private hands.  In 2000, the Government signed a 30-year concession with the Italian company DARFO 
to exploit 50% of chromium reserv es;  the three largest cooper mine s are being operated by the Turkish 
company Ber-Oner under a 30-year concession contract.  At end 2008, 738 mining permits had been granted to 
private companies. 
87 In 1999, the liberalization and restructuring of the oil sector led to the creation of Albpetrol Sh.A., 
which is responsible for exploitation and production of petroleum;  ARMO Sh.A., which deals with refining, 
and  Servcom Sh.A., marketing, and operates two plants in Ballsh and Fier with a capacity of 1.5 million tonnes per year;  which covers services activ ities in oil and gas.  ARMO's market share is currently about 20% of fuel 
oil;  the rest is supplied by importers.  Albania has 126 companies licensed to import and distribute petroleum 
products.   
88 EBRD (2006). Albania WT/TPR/S/229/Rev.1 
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1990s, prior to Albania's accession to the WTO.89  By the end of the decade, the vast majority of 
economic activity was in private hands.90  Privatization proceeds for the 1992-2009 period exceeded 
US$800 million:  some 80% corresponded to the priva tization of companies in the main strategic 
sectors;  10% to the privatization and asset sales of small and medium enterprises and sale of land;  
and 10% of privatizations related to concessions and other incomes. 
137. In 2007, the Government decided to privatize the distribution arm of the electricity company 
KESH in order to reduce losses and improve service qua lity.  As a first step, the distribution arm was 
unbundled from KESH and incorporated as a separat e power distribution system operator (OSSH) in 
June 2007.  In June 2008, the offer by a Czech utility (€102 million for a 76%  stake in OSSH) was 
accepted;  final negotiations started in Novemb er 2008 on issues such as unrealized revenue 
compensation, the path to reach losses of 15% in  2014, and the allowance for uncollected bills.91 
138. In June 2008, Albania approved the sale of 85% of the oil refinery ARMO to a US-Swiss 
consortium, which submitted the highest bid ( €125 million).  The Albanian Insurance Company 
INSIG is scheduled to be privatized, and remaining strategic assets, mainly the oil company Albpetrol 
and Albania's  minority stake in the fixed telephone operator ALBTELECOM, as well as in ARMO 
and OSSH, are scheduled to take place in the near future.92  The authorities indicated that a strategy is 
being considered for the privatiza tion of KESH’s generation arm.  
139. The State currently has a share of 50% or mo re in 50 companies and statutory bodies; the 
most important is the oil company Abpetrol. 
(iv) Incentives and other government assistance 
140. Incentives in Albania mainly take the form of  fiscal concessions granted under various laws 
to a wide range of activities.  Prior to 1999, a large number of investment incentives were used, 
including tax holidays and reinvestment allowances93, but their number and scope have been scaled 
down considerably.  The authorities have noted that  locals and foreigners are treated alike with 
respect to the fiscal incentives provided. 
141. State assistance to private economic activity is governed by Law No. 9,374 of 21 April 2005 
"On State Aid", which entered into effect on 1 January 2006, as amended by Law No. 10,183 of 
29 October 2009.94  The objective of this Law is to determine the principles and procedures to 
authorize and monitor state aid, so as to support Albania’s economic and social development, while 
implementing its international commitments on state aid.  The law applies to all manufacturing and services activities;  it does not apply to State ai d granted to agriculture and fisheries.   
                                                     
 
89 The total number of enterprises with state-owned capital was 469 in 2000, down from 2,436 in 1991.  
WTO document WT/ACC/ALB/51, 13 July 2000.  
90 Aleksi (2003). 
91 IMF (2009). 
92 IMF (2008). 
93 For example, a tax holiday of four years was granted to domestic and foreign investors in the 
manufacturing sector, provided the investment was for a period of 10 years or more.  In 1999, many investment incentives were phased out as they were deemed ineffective in attracting FDI.  See OECD (2003). 
94 Under Law No. 9,374, state aid may take the form of:  subsidies or grants;  exemptions, reductions 
and deferrals of taxes and other fiscal contributions;  wr iting-off of overdue fees and penalties;  debt write-offs 
or offsetting of losses;  loan guarantees or loans at reduced  fees/rates of interest;  reduction of social security 
obligations;  reduction in the price of goods supplied;  sales of public property below market prices;  purchase of 
products or services at above the mark et price;  and increase of state-owned equity in undertakings or increase 
of its value in circumstances not acceptable to a private investor under normal economic conditions. WT/TPR/S/229/Rev.1 Trade Policy Review 
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142. Law No. 9,374, as amended, establishes the cond itions under which State aid may be granted, 
namely, if it:  promotes the economic development of areas with low standards of living or where there is serious unemployment;  promotes a projec t of national importance or remedies a serious 
disturbance in the economy;  facilitates the devel opment of certain economic activities or of certain 
economic areas, provided the aid granted does not  adversely affect the obligations under any 
international agreements ratified by Albania;  promotes culture development and heritage 
conservation, where it does not seriously affect trading conditions and competition. 
143. The Law On State Aid forbids aid directly linke d to export quantities or current expenditure 
linked to export activities, as well as aid continge nt upon the use of domestic over imported goods.  
Aid to sensitive sectors is not compatible with this  law, unless provided by the State Aid Commission.  
Aid with a social character, or granted to consum ers, provided it is granted without discrimination as 
to the origin of the products, is compatible with  the Law.  Aid granted to compensate for damage 
caused by natural disasters or exceptional occurrenc es is also considered compatible, as well as aid 
classified as de minimis.  Aid is considered to be de minimis if it does not exceed €100,000 for any 
three-year period, irrespective of its form and obj ective, provided it is not linked to export-related 
activities, it is not conditioned upon the use of domestic over imported goods, and the recipient is not 
experiencing economic difficulties (e.g. is on the verge of bankruptcy).   
144. SMEs may receive state aid for consultancy services but aid must not exceed 50% of the costs 
of these services, and the services may not be a periodi c or continuous activit y or related to usual 
operating expenditures.  The same percentage appli es for first participation in fairs and exhibitions, 
where the aid must not exceed 50% of the additiona l costs incurred in renting, setting up, and running 
a stand.  Newly created SMEs may also receive aid,  of up to €200,000 for installation costs.  Aid for 
disadvantaged and disabled workers must not exceed 75% of the wage costs for disabled workers and 
50% of the wage costs for disadvantaged workers. 
145. State aid for specific training must not exceed 35% of the costs of training for 
large undertakings and 45% for SMEs;  in the case of general training, it must not exceed 50%, 
and 70%, respectively.  Aid for performing re search and development may reach:  100% of 
the cost for fundamental research, provided that its results are widely availa ble for exploitation on a 
non-discriminatory basis and at market conditions ;  60% for industrial research;  and 35% for 
pre-competitive development, including the transfor mation of the results of industrial research into 
plans or modified or improved products.  Regional aid must not cover more than 50% of the amount 
of the initial investment, or of the wage cost of ne wly created jobs for two years.  The investment and 
the new jobs created must be maintained for five years.  In any case, the aid intensity may not exceed 
75% of the value of the project. 
146. The State Aid Commission, composed of five memb ers and chaired by the minister in charge 
of economic affairs is the decision-making body fo r state aid.  The Commission is responsible for 
assessing and authorizing state-aid schemes and individua l aid, on the basis of proposals of the State 
Aid Department of the METE.  Providers must notify the State Aid Department of any plans to grant state aid; the State Aid Commission must give its approval before any aid can be granted.  The Commission's decisions must be taken within 60 cal endar days following the receipt of a complete 
notification.  If the Commission finds aid to be unla wful, it can issue an injunction to suspend the aid 
and order the recovery of the any disbursement made from the beneficiary.  The recovered amount, 
together with interest, is added to  the budget of the aid provider.   
147. The Law On State Aid mandates that all aid providers must report to the Department all 
existing aid schemes within six months of their entr y into force.  The authorities indicated that these 
schemes are notified, listed, and assessed by the State Aid Commission, which takes a decision in Albania WT/TPR/S/229/Rev.1 
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each case with respect to compatibility with the Law.   The overall report on the inventory of state-aid 
schemes was approved by Council of Minister s Decision No. 45 of 16 January 2008.   
148. Albania has made regular notifications to th e WTO under Article XVI:1 of the GATT 1994 or 
Article 25 of the SCM Agreement.  In its 2008 notification, Albania included four incentives 
programmes:  the Export-Credit Guarantee Fund (see section (3)(v));  deferral of VAT payment for 
imported machinery and equipment;  the programme for unemployed young workers graduated from universities inside or outside the country;  and the Albanian Competitiveness Fund.  Incentives linked 
to exports are described in sections (3)(ii) and (iv) above.   
149. SMEs may also benefit from the Albanian  Competitiveness Fund, established by Law 
No. 9,645 of 27 November 2006 "On the State Budge t of 2007", and managed by ALBINVEST.  The 
purpose of this scheme is to improve SMEs’ pr oduct and management qualities and foster SME 
integration into regional and European markets.  The benefit takes the form of a grant with cost 
sharing of up to 50%, for a maximum of lek 1 milli on (€77,000) per undertaking.   The benefit scheme 
is for three years.  The total amount budgeted fo r 2007 was lek 25 million (€192,000), but only 
lek 2.4 million (€18,500) was used, for 36 SMEs.  The authorities indicated that in 2008 26 of the 
40 applications were approved, for a total of lek 23 million (€177,000);  in 2009, the last year of the 
scheme, only 8 applications were approved. 
150. Albania also notified to the WTO a programme of professional practices for unemployed 
young workers with a degree from a domestic or forei gn university, aimed at integrating them into the 
labour market.  The programme is managed by the Po licy Employment Department of the Ministry of 
Labour, Social Affairs and Equal Opportunities, and has its legal foundations in Law No. 7,995 of 
20 September 1995 "On employment incentives", as amended by Law No. 9,570 of 3 July 2006.  The programme, as amended, has a six-year duration (sin ce 2007) and is financed directly from the State 
Budget with up to lek 10 million ( €770,000) per year.  Expenditu re under the programme in 2007 
totalled lek 6.8 million (€52,300).   
151. The Albanian Government also runs a sch eme for deferral of VAT payment on imported 
machinery and equipment, to facilitate business inv estments in Albania.  This scheme has its legal 
coverage in Law No. 7,928 of 27 April 1995, as am ended by Law No. 9,856 of 26 December 2007.  
All undertakings that import machinery and equi pment for investment purposes may benefit from the 
deferral of total VAT payment for a 12-month pe riod.  Revenue forgone due to these deferrals 
amounted to lek 3.5 billion (€26.9 million) in 2009, lek 3.2 billion (€24.6 million) in 2008, 
lek 856 million (€6.6 million) in 2007, a nd lek 103 million (€ 792,000) in 2006. 
152. Apart from those notified to the SCM Committee,  Albania maintains a few other incentives 
schemes:  Under DCM No. 315 of 24 April 2006, investors may lease state-owned property, such as land or buildings at rents below market rates.  Th e level of rent reduction varies according to the level 
of investment made and of new jobs created.  The Government also runs a wide-ranging scheme of 
incentives for foreign investors, known as the "Albania  1 Euro" scheme, aiming at encouraging FDI.  
Under this scheme, investors are granted entry to the Albanian market for €1 to rehabilitate and 
expand sectors. 
153. Albania maintains a programme of economic zones, under Law No. 9,789 of 19 July 2007, 
"On Establishment and Functioning of Economic Zones" (see section (3)(iv)).  Nine economic zones 
or industrial parks have been announced or are under development.  These are the industrial parks of: 
Spitalla (in development, state and privately owned);  Vlora (under development);  Koplik 
(manufacturing, industrial, agri-processing, trade, export-import);  Shengjin (manufacturing, industrial, agri-processing, trade, export-import);  the Industrial Park of Elbasan (in development, WT/TPR/S/229/Rev.1 Trade Policy Review 
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industrial, trade activities, services);  the Industrial Park of Shkodra (in development, manufacturing, 
industrial, grocery, services, trade, import-export);  and the Industrial park of Lezha (manufacturing, industrial, agro processing, trade, import- export a nd services), the industrial park in Laknas (Tirana) 
and the free economic zone in Vlora.  Investments of some €56 million are foreseen to be allocated in 
the industrial parks.   
154. Albania's incentives to tourism are governed by Law No. 9,734 of 14 May 2007 (on tourism), 
which defines the procedures and eligibility for fina ncial assistance for touristic projects.  This law 
abrogates Law No. 7,665 of 21 January 1993, whic h granted customs duty and excise tax exemptions 
on imported goods used in tourism by approved oper ators, and provided tax profit exemptions or 
reductions for up to ten years. 
155. There are also fiscal incentives designed to enc ourage new means of generating electricity.  
Under Law No. 8,987 of 24 December 2002 (facilita ted conditions for establishing new plants for 
electric energy production), investors establishing ne w, or rehabilitating existing, power generation 
plants with an installed power capacity of more than 5 MW using liquid or solid combustibles, are 
entitled to custom duties exemption on imported mach inery and equipment used in the investment.  
They can also be reimbursed for the customs and exci se duties paid on imports of liquid or solid fuels 
used in the production of electric energy. 
156. The authorities have noted that the Governme nt is in the process of defining the local 
application of the EU’s rules on state aid.  In  December 2009, the METE was expected to announce, 
in the near future, a Law "On State Aid" cove ring regional aid and enterprise assistance.  The 
authorities also noted that they were analysing sev eral initiatives to assist the development of local 
SMEs, specifically their marketing and exporting cap abilities, as well as investigating future policies 
on industrial parks and R&D centres.
95 
157. The €30 million Development Programme for Sm all and Medium Enterprises (SMEs), funded 
by Italy, managed by the METE, and channelled through the banking system, aims at facilitating 
SMEs' access to credit.  The programme has three components:  a €25 million credit line;  
€2.5 million to establish a guarantee fund for SMEs;  and €1.7 million for technical assistance 
activities.  Eligible SMEs must be registered in Al bania;  must be at least 51% owned by Albanian 
citizens;  must not have annual turnover exceedi ng €5 million;  must not exceed 250 employees;  and 
at least 70% of expenditure in the programme must be destined to goods and services of Italian origin.  
The amounts financed per project range from €50,000 to 500,000.  The interest rate applied is a 
maximum of 5.5% per annum for loans in euros and 8.5% for loans in lek.  The period of repayment 
is between 3 and 8 years, with a grace period of 1-2 years.  Priority is given to manufacturing 
activities, exporting SMEs (with an export turnover of at least 50%), agri-industry, and renewable 
energy.  A maximum of 10% of the total credit line is  destined for small "start up" projects of between 
€15,000 and €50,000.96  
(v) Government procurement 
158. Albania is not a party to the WTO Agreement on Government Procurement (GPA);  it is an 
observer to the Agreement and in October 2001 ap plied for accession.  Negotiations, however, have 
been inactive for several years.   
                                                      
95 ALBINVEST online information.  Viewed at:  http://www.albinvest.gov.al/dokumenti.asp?id=347 
&kujam=80&menu=77. 
96 Albania News online information.  Viewed at:  http://albanianews.it/business/110609-programma-
per-lo-sviluppo-delle-piccole-e-medie-imprese-albanesi. Albania WT/TPR/S/229/Rev.1 
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159. Albania's government procurement legisla tion was amended in 2006 as part of the 
public-sector reform process.  The main law curren tly governing public procurement in Albania is 
Law No. 9,643 of 20 November 2006, "On public procurement" (PPL), which seeks to harmonize 
Albanian legislation and align procedures for th e award of public works, services, and supply 
contracts with EU Directives, particularly Direc tive 2004/18/EC.  The Law's regulations are contained 
in Council of Ministers Decision No. 1 of 10 January  2007 (PPR).  The public procurement regulatory 
framework also consists of a manual.97  The legislation on public procurement applies to procedures 
for procurement of goods, public works, and services,  and is applicable to economic operators and 
contracting authorities.  The new procurem ent regime aims at complying with the acquis 
communautaire  and international standards.  Albania notif ied its national procurement legislation to 
the GPA Committee in December 2007.  
160. In 2007, amendments were made to the PPL.  Law No. 9,800 of 10 September 2007, 
introduced changes to the conditions for use of  the negotiated procurement procedure without 
publication (see below).  Law No. 9,855 of 26 Dece mber 2007 introduced amendments to include the 
electric energy and hydrocarbons sectors in the scope of the PPL, and launched the concept of 
framework agreements, special contracts for the procurement of goods during a certain time frame 
(see below). 
161. Public procurement is decentralized, with each  government agency responsible for its own 
procurement and for implementing and administeri ng the relevant procurement-related provisions.  
Contracting authorities (CAs) are subject to monitori ng by the Public Procurement Agency (PPA), the 
Public Procurement Advocate (PA), and the Supreme Auditing Office.  The PPA, under the Prime 
Minister, is responsible for drafting legislatio n and regulations, and monitoring procurement 
activities, but is not a central procuring entity.  The PPA also produces a Public Procurement Bulletin 
(PPB), performs administrative reviews of compla ints, and provides procuring entities with advice 
and other support to ensure proper and uniform application of the PPL.  CAs must keep records and 
documents regarding their awarding procedures, and must submit a report on their procurement 
activities to the PPA every four months.  The PA is appointed by the Parliament, upon a proposal by 
the Council of Ministers, for a duration of five year s, with a possibility for immediate re-election.  
The PA monitors the procurement procedures against irregular and illegal actions or lack of actions, 
by the CA, and carries out investigations on potential infringements of the PPL. 
162. Albania has government procurement provisions in its FTA with the EU.  Where domestic 
legislation does not comply with any of Albania' s obligations under any in ternational agreements, 
such agreements prevail over domestic legislation.  Otherwise domestic legislation applies with regard 
to public procurement procedures.  Since non-discrim ination is one of its principles, Albanian law 
does not grant any type of preference to domestic suppliers. 
163. The PPL, which entered into force on 1 January 2007, sets out in detail the rules applying to 
the procurement of goods, works and services by CAs.  The stated objectives of the law are, inter alia,  
to promote efficiency and efficacy in public procur ement procedure, and to ensure a better use of 
public funds and reduce procedural costs.  Th e PPL also aims at pr omoting competition among 
economic operators, guaranteeing equa l and non-discriminatory treatment for all economic operators, 
and enhancing transparency in pu blic procurement procedures.  The PPL applies to all types of 
procurement contracts, including procurement in th e field of national defence.  The exceptions are 
procurement procedures classified as "State Secret";  contracts subject to special security measures or 
                                                      
97 Public Procurement Manual - Guidelines for Conducting Public Procurement Procedures , published 
by the Public Procurement Agency in April 2007.  Th is manual was prepared under the "Reform on Public 
Procurement" Project of the Millennium Challenge Threshold Agreement Program for Albania, managed by USAID. WT/TPR/S/229/Rev.1 Trade Policy Review 
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in case of natural disasters, war, armed operations, military training, and participation in military 
missions outside the country;  contracts pursuant to international lending or donation agreements;  
contracts dealing with the acquisition or rental of  buildings or land;  and some specific services.98  All 
public entities are covered by the PPL.  The PPL app lies to private entities to the extent they are 
involved in a public procurement procedure. 
164. In accordance with the PPL, the awarding pr inciples are:  openness, non-discrimination, 
transparency of procurement procedures, fair  competition, and cost-effectiveness.  The 
non-discrimination article specifies that no participan t shall be discriminated against (or favoured) on 
grounds of nationality;  both di rect and indirect discriminati on is prohibited.  All essential 
procurement information must be published/made av ailable, and the CA must ensure that tender 
documentation is readily available.  Technical sp ecifications must give a correct and complete 
description of the procurement.  All participants  in a tender must be given notice of the award 
decision, with justification, and the resu lts of the procedure must be published. 
165. Contracts must be awarded to the offer that meets the qualification criteria with the lowest 
price.  CAs may use various criteria to this end, for example: quality, price, technical merit, cost 
effectiveness, after-sales service and technical assi stance, delivery period, etc., provided the criteria 
are closely linked to the subject-matter of the c ontract are objective and non-discriminatory, and are 
clearly set out in the contract notice or in the te nder documents.  Offers must be assessed on economic 
and technical grounds only. 
166. The legislation on public procurement sets out the methods for calculating the value of a 
public contract, which must be based on the whole payable amount (VAT currently at 20% is not 
included), as calculated by the CA upon publication of the contract in the PPB.  There is a tender 
security of 2% of the estimated contract value.   
167. Concession contracts are governed by Law No. 9,663 of 18 December 2006;  the relevant 
regulations were approved by Council of Minister s Decision No. 27 of 19 January 2007, as amended. 
168. The PPL and its regulations mandate the estab lishment of minimum and maximum monetary 
thresholds for procurement purposes;  these thresholds  are reviewed every two years.  In 2009, the 
maximum thresholds were:  lek 1.2 billion (some €9.2 million for public works contracts);  and 
lek 200 million (€1.5 million) for public contracts fo r goods and services.  The minimum thresholds 
were:  lek 12 million (some €92,000) for public works contracts;  and lek 8 million (some €61,500) 
for public contracts for goods and services.  A pr imary threshold for the use of the small value 
procedure was set at lek 400,000 (€3,300) in 2009.   Tenders over the primary threshold are evaluated 
in each CA by an Evaluation Commission consisting of at  least three members, all with voting rights.  
CAs have short lists of tendere rs, based on the fulfilment of a number of qualification criteria, 
including professional qualification, and t echnical, financial, and legal capabilities. 
169. The 2007 amendments to the PPL introduced the concept of the framework agreement, which 
is entered into between the CA and one or more offerers, applicable only to procurement of energy 
and hydrocarbons.  The purpose of this type of ag reement is to establish the general framework for 
specific contracts for procurement of goods within a gi ven time limit.  It sets out the general terms and 
conditions for procurement of energy and hydrocar bons, such as time limits, which should not exceed 
24 months, the quantity of goods to be procured, and the terms related to the price applicable. 
                                                      
98 These are arbitration and financial services;  purchase, development, production, co-production of 
programmes, or commercials for broadcasting by radio and television operators, or publication in the printed 
media, as well as contracts for broadcasting time;  arbitral  or conciliation services;  sale, purchase or transfer of 
titles, or other financial instruments,  and research and development services. Albania WT/TPR/S/229/Rev.1 
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170. The PPL and its regulations specify the following types of procurement procedures:  open;  
restricted;  negotiated (with or without publication of  contract notice);  request for proposals;  small 
value purchase;  consultancy services;  and design contest. 
171. The Law specifies that the open procedure should be the preferred procedure for every CA.  
This procedure allows any economic operator to s ubmit a tender;  the CA prepares a contract notice 
and tender documents and sends a no tice to the PPA to be published in the PPB.  Suppliers submit 
offers, and the CA's Evaluation Commission evaluates the tender, selects the winner, and sends a 
notice to the PPA.  The CA then concludes the cont ract and sends the award notice to the PPA.  The 
restricted procedure which may be used for goods, services or works of a very complex or specific 
nature has two stages:  the selection of qualified ca ndidates, and the submission of tenders by selected 
candidates.   
172. A negotiated procedure with publication of noti ce may take place, if, as a response to an open 
or restricted procedure, tenders do not meet the requi rements specified by the CA or, if the nature of 
works, goods or services does not allow the estimation of costs or technical specifications.  In this 
case, once the requests are evaluated, the CA ne gotiates with qualified candidates:  negotiated 
procedures without publication of notice may apply for tenders with a value below, or above the 
minimum threshold;  they may be used for:  reasons  related to exclusive rights or copyright;  urgency 
due to causes unforeseeable by the CA;  when the goods involved are manufactured purely for the 
purpose of research, experimentation,  study or development;  or when there are additions to the 
contract of up to 20% of the original value.  The CA must invite at least three candidates, except in 
the cases of additions to a contract, and exclusive right where only one candidate can be invited.   
173. The small value procedure is used for value below the primary threshold of lek 400,000.  
Members of the CA's Evaluation Commission must obtain at least three indications of prices of goods or services, and the contract must be awarded on  the basis of the lowest price criterion.  The 
consultancy services procedure requires the CA to prep are shortlists of qualified tenderers, and issue a 
request for proposals.  A CA may use the request fo r proposals procedure for contracts with a value 
below the minimum threshold;  tenders from at leas t five economic operators selected by the CA must 
be requested.  The design contest procedure may be used as part of a procedure leading to the award 
of a public service contract, or for the purposes of obtaining only a design.  
174. The contract notice, contract award, and c ontract conclusion notices must be published for 
public procurement contracts using the open, restrict ed or negotiated procedure,  the design contest, 
the consultancy service, and request for proposals.   All notices by a CA must be published in the 
Bulletin for Public Notices of Albania .  When the notice is published by the PPA, it must be placed on 
the PPA procurement website.  Notices for contract s above the minimum threshold must also be 
published in the PPB, and notices for contracts above the maximum value threshold must also be published in at least one newspaper of European distribution.   
175. Time limits for interested bidders to submit their offers vary according to the modality, and 
the complexity of the contract.  As a general rule, the time limits for an open procedure are:  not less than 52 days from the date the procurement notic e is published, for tenders above the maximum 
threshold;  and 30 days for tenders with a valu e between the minimum and maximum threshold (for 
open procedures performed by electronic means the time limits are reduced to seven days).  For 
negotiated and restricted procedures that incl ude a published notice the minimum time limit for 
submission of requests for participa tion is 20 days from the date th e procurement notice is published, 
for tenders above the maximum threshold, and of  15 days for tenders between the minimum and 
maximum thresholds (for restricted and negotiate d with prior publication procedures performed by 
electronic means the time limits are reduced to five days).  For the request for proposals the time limit WT/TPR/S/229/Rev.1 Trade Policy Review 
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is ten days from the date the procurement notic e is published.  The notice of award is given 
immediately to the tenderer who submitted the best te nder.  Within ten days from the award notice to 
the successful tenderer, the CA must send a notice to  the PPA for publication in the PPB and the PPA 
website.  The CA and the awarded tenderer must sign th e contract within 30 days of publication in the 
PPB.  Within ten days of concluding the contract, the CA must send the PPA a notice that the contract 
has been signed;  this is publishe d in the PPB and the PPA website.  
176. Joint procurement may be undertaken when more  than one CA intends to procure the same 
goods, services or works.  In such case, one of the CAs may be appointed to perform the procurement 
or a joint Central Purchasing Body (CPB) may be established to perform all necessary procedures.  
Albanian legislation contains provisions for the ev aluation and rejection of abnormally low tenders.  
The law also provides for sub-contracting, which s hould be specified in each contract and not exceed 
40% of the contract value. 
177. The PPL introduced the concept of electronic procurement (e-procurement).  The PPA 
introduced a system in 2008 with the assistance of the Millennium Challenge Threshold Agreement 
Program for Albania, managed by USAID.99  E-procurement began in 2008 on a limited basis 
with some pilot contracting authorities.  At e nd 2008, some 2.1% of all the public procurement 
procedures carried out during the year had been  performed electronically.  It was estimated 
that the cost of electronic procudures had reduced costs by some 15%.  Since 1 January 2009, the use of e-procurement is mandatory for all CAs except for the negotiated procedures without publication of 
notice and for small value purchase procurement, in  accordance with Council of Ministers Decision 
No. 45 of 21 January 2009.  As a r esult, offers and requests for participation in a procurement process 
are now sent and received electronically, and evaluation is also performed on-line.  
178. The authorities estimate that e-procurement also  reduced costs by 15% in the first eight 
months of 2009.  There were 2,417 procedures awarded during this period for a total of 
lek 39.9 million, while funds of lek 46.7 million we re authorized for these transactions.  The 
authorities pointed out that another indicator of  enhanced transparency and competition is the 
increasing number of economic operators participati ng in electronic tendering processes:  an average 
of two economic operators particip ated before e-procurement was implemented, compared with a 
current average of six. 
179. A total of 3,520 procurement procedures were published in 2009:   1,708 open procedures 
for construction, good, and services;  2 restricted  procedures;   1,808 requests for proposal;  one 
consultancy services and design contest;  and one ne gotiation with prior publication of the contract 
notice.  The total value of procurement in 2009 was almost lek 50.9 billion.  Open procedures 
accounted for lek 46.4 billion (€357 million), or 91% of the total;  solicited procedures for 
lek 4.1 billion (€31.5 million), or 8%;  restrict ed procedures for lek 52. 5 million (€400,000) and 
consultancy services for lek 3.3 million (€ 25,000), together accounted for the remaining 1%.    
180. Albanian law foresees procedures for remedies and enforcement.  Enforcement can be sought 
before the CA, PPA, and the PA, which follow the administrative enforcement procedures.  Once 
these procedures are exhausted, court actions may be initiated.  Objections to a procurement decision 
must be filed in writing with the CA within sev en days of the day the complainant should have 
become aware of the alleged breach of the PPL.  If th e CA fails to take a decision within seven days 
of receipt of the objection, the complainant is en titled to file a written appeal with the PPA within 
seven days.  Upon receiving the complainant’s written appeal, the PPA must respond within 7 days, or 
20 days if it requires further information from the CA.  After completing the administrative 
                                                     
 
99 The Public Procurement Agency E-Procurement System. Viewed at:  https://www.app.gov.al/. Albania WT/TPR/S/229/Rev.1 
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enforcement procedures, the complainant is entitled to file actions with the first instance court.  The 
court must terminate the judicial examination w ithin 30 days of the filing date.  Taking into 
consideration the appeal process (Appeal court and Supreme Court) the timescale for execution of the remedies may be up to two years.  A complainant who suffered loss or damage as a result of a breach 
of the PPL may claim damages in court.   
181. The PPA received 481 complaints with respect to procurement procedures in 2005, 1,023 in 
2006, and 645 in 2007.  Of the 645 complaints in  2007, 159 were considered invalid, 129 were 
cancelled, in 222 cases the PPA confirmed the procur ement procedure, in 69 cases the CA was asked 
to reconsider procedures, and in 66 cases a final de cision to enforce legislation was taken.  In 2008, 
564 complaints were received.  Few cases are presente d to the Court of First Instance compared with 
the number examined at the administrative level:  three cases were submitted in 2008 and ten cases in 
2009.
100 
182. A recent EU/OECD study considers the initial resu lts of the introduction of e-procedures to 
be quite positive, although technical sometimes legal difficulties remain.  The study considers it 
essential to strengthen the advisory capacity of the PPA.101  In its 2009 Progress Report on 
Albania, the EC Commission noted the progress since the January 2009 legislation that obliges CAs 
to use e-procurement, which it considers improves ac cess to information and reduces procedural costs.  
The report also noted that further approximation to the acquis  is needed as regards utilities and 
concessions, that complaints procedures do not meet in ternationally recognized standards, and that an 
independent review body has not yet been established.102 
183. Law No. 1,170 of 22 October 2009 was adopted to address some of the concerns in the EC 
Report.103  It introduced some amendments to Law No. 9,643 to establish an independent review body 
to investigate the complaints of economic opera tors, to add precision on the scope and use of 
framework agreements, and to broaden the scope of the Procurement Law to include a separate 
chapter on procurement in utility sectors (water, ener gy, transport, and postal services), reflecting EC 
Directive 2004/17.  The independent review body, th e Public Procurement Commission is expected to 
start functioning in mid-2010:  it will be a collegi al body under the Council of Ministers.  These 
changes were made in the light of obligations undertaken under the SAA. 
(vi) Intellectual property rights (IPRs) 
(a) Overview 
184. Most of Albania's intellectual property laws we re modified during its process of accession to 
the WTO, or subsequently, to join some of th e WIPO administered conventions.  More recently, 
Albanian industrial property and copyright legislation has been amended to conform to EU directives.   
                                                      
100 Regarding the progress of these 10 cases, in early 2010:  (a) of two cases regarding a decision made 
for a concrete procurement procedure, in one the Cour t decided that the PPA deci sion was correct, and in the 
other, it one decided that the complainer was right;  (b) five complaints against deci sions of the PPA excluding 
an economic operator from participating in award procedures for a period of 1 to 3 years, had obtaining a ruling from the First Instance Court, but had been appealed be fore the Appeals Court;  and (c) of three cases dealing 
with PPA decisions on concession procedures, in one of them the Court supported the PPA decision, and in the 
other two it ruled against it;  these two cases were appeal ed and for two of them the first Instance Court decided 
that the complainers were right, and PPA appealed these decisions. 
101 SIGMA (2009). 
 102 European Commission (2009).  
103 Law No. 1,170.  Viewed a t:  https://www.app.gov.al. WT/TPR/S/229/Rev.1 Trade Policy Review 
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185. The Albanian Patents and Trademarks Office (ALPTO), also known as the Directorate 
General for Patents and Trademarks (GDPT), under the Ministry of Economy, Trade and Energy, is 
responsible for the protection of in dustrial property in Albania.  Th e ALPTO is the institution through 
which the Albanian State grants and administers th e right of property over inventions, utility models, 
commercial trade-marks and service marks, indus trial designs and geographical indications.104  The 
office was originally created by DCM No. 135 of 22 March 1993, and Order of Prime Minister No. 126 of 3 August 2007.  The Albanian Copyright Office, in the Ministry of Tourism, Culture, 
Youth and Sports, is responsible for copyright issues. 
186. The ALPTO examines and registers applications re lated to the protection of patents, industrial 
designs, trade marks and service marks, appellations  of origin, and geographical indications, and 
issues certificates confirming the exclusive right of th e owner in the territory of Albania.  The ALPTO 
also has the mandate to seek to improve and harm onize legislation on industrial property;  cooperates 
with other relevant institutions (the courts, Customs, the Prosecutor’s office, the Economic Crimes 
police);  and provides information services.
105 
187. The Albanian Copyright Office (ACO) was created through the 2005 Copyright Law (see 
below), became operational in April 2007, and since then has functioned as th e main state institution 
for copyright enforcement.  DCM No. 232 of 19 April 2006, and DCM No. 343 of 6 June 2007 defined the legal functions of the ACO, which in clude:  examining and certifying applications for 
registration of copyright/related rights and contracts for transfer of economic rights;  keeping the electronic Copyright Register;  certifying contracts between parties subject to the law, and examining 
complaints on copyright infringement and issuin g administrative decisions;  participating in 
civil/penal processes;  and proposing improvement s to copyright law.  The ACO also offers 
specialized services on demand, for which it charges. 
188. Albania has been a member of the World Intellectual Property Organization (WIPO) since 
1992.  It adheres to several WIPO treaties, including the Convention Establishing the World Intellectual Property Organization;  the Paris Conve ntion for the Protection of Industrial Property, 
Stockholm Text (1883);  and the Berne Convention for the Protection of Literary and Artistic Works, 
Paris Text (1886) (Table III.8).   
189. Under the SAA, Albania committed to take all ne cessary measures in order to guarantee that, 
no later than four years after the date of entry into  force of the Agreement it would provide a level of 
protection for intellectual, industrial, and commercia l property rights similar to that existing in the 
EU, including the effective means of enforcing such  rights.  To this end, Albania developed a 
National Plan for the SAA that has resulted in a num ber of legal changes, including the approval of a 
new Industrial Property Law and the regulations impl ementing it, and the ratification by the Albanian 
Parliament of the WIPO Patent Law Treaty and the European Patent Office (EPO) European Patent 
Convention (EPC 2000).  Under this Plan, the aut horities are also intent on strengthening ALPTO’s 
administrative capacities, including by hiring and training more staff and developing adequate IT 
infrastructure. 
190. As a step towards strengthening IPR implementa tion, Albania is currently drafting a National 
Strategy on Intellectual Property (NSIPR) for 2010-15, with the assistance of the EPO.  To this end, Prime Minister’s Order No. 40 of 18 March 2009  set up an inter-institutional working group.  The 
deadline for drafting and approving the NSIPR was set at February 2010.  The NSIPR is expected to 
aim to make Albanian protection of IPRs  fully compliant with EU standards. 
                                                     
 
104 Albanian Patents and Trademarks Office online in formation. Viewed at:  http://www.alpto.gov.al/ 
home.asp?l=en.  
105 ALPTO (2008). Albania WT/TPR/S/229/Rev.1 
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Table III.8 
Albania's membership in conventions and treati es on intellectual prop erty rights, December 2009  
Convention Membership Date 
Convention Establishing the World Intellect ual Property Organization  30 June 1992 
Berne Convention for the Protection of L iterary and Artistic Works 6 March 1994 
Paris Convention for the Protection of Industrial Property 4 October 1995 
Patent Cooperation Treaty 1995 
International Convention for the Protection of Pe rformers, Producers of Phonograms and Broadcasting 
Organizations 1 September 2000 
Convention for the Protection of the Producers of Phon ograms Against Unauthorized Duplication of Their 
Phonograms 26 June 2001 
WIPO Performers and Phonograms Treaty 20 May 2002 
WIPO Copyright Treaty 22 November 2001 
Agreement between the Republic of Albania and the Eur opean Patent Organization on Cooperation in the Field 
of Patents 1995 
Universal Copyright Convention  4 November 2003 
Budapest Treaty on International Protection of Micr o-organisms for Patent Purposes 19 September 2003 
Nice Convention related to International Classi fication of Goods and Se rvices 19 September 2003 
Madrid Agreement concerning the Interna tional Registration of Marks 4 October 1995 
Protocol relating to the Madrid Agreement con cerning the International Registration of Marks  
International Convention for the Protecti on of New Varieties of Plants 12 May 2005 
The Hague Agreement Concerning the International De posit of Industrial Designs of 6 November 1925 as 
revised at The Hague on 28 November 1960. Geneva Act Concerning the interna tional deposit of Industrial Designs 19 March 2007 
 19 May 2007 
Strasbourg Agreement Concerning the Interna tional Patent Classi fication, 1979 15 May 2006 
Patent Law Treaty (PLT),  
European Patent Convention (EPC 2000) 29 October 2009         
29 October 2009 
Source : WIPO, WTO documents IP/N/1/ALB/2, 23 February 2005, and IP/N/1/ALB/3, 4 April 2008 and information 
 provided by the authorities. 
(b) Legal and institutional framework 
191. Albania has legislation on industrial property (trade marks, patents, industrial designs, and 
geographical indications), as well as on copyright, prot ection of plant varieties, and layout-designs of 
integrated circuits.  Albanian legislation has been notified to the WTO since 2002 (Table III.9).106  
The new laws on Industrial Property and Copyright  have not yet been notified (end 2009).   
Industrial property 
192. Law No. 9,947 of 7 July 2008, which repl aced Industrial Property Law No. 7,819 of 
April 1994, covers the protection of patents, industrial designs, trade marks and service marks, and geographical indications.  It entered into force on  1 November 2008.  Regulations to implement the 
law are contained in DCM No. 1,705 of 29 D ecember 2008 (Regulation for the registration of 
Geographical Indications);  DCM No. 1,706, of 29 December 2008 (Regulation for the registration of 
Trade and Service Marks);  DCM No. 1,707 of 29 De cember 2008 (Rules for Patents of Invention and 
Utility Models);  DCM No. 381 of 8 April 2009 (Regulation for the registration of Industrial 
Designs);  and DCM No. 883 of 13 May 2009 (Tariffs for the registration of Industrial Property objects).  The law was drafted with the cooperation of the EPO and the Max Planck Institute, and 
aims at aligning Albanian legislation to the EU acquis communautaire  in the field of industrial 
property, as one of the priority commitments  undertaken in the framework of the SAA.
107   
                                                      
106 WTO documents IP/N/1/ALB/1, 30 October 2002, IP/N/1/ALB/2, 23 February 2005, 
IP/N/1/ALB/3, 4 April 2008, IP/N/1/ALB/C1, 25 March 2002 IP/N/1/ALB/C1Add.1, 31 October 2002, 
IP/N/1/ALB/D1, 9 April 2008, IP/N/1 /ALB/D2, 9 April 2008, IP/N/1/ALB/E 1, 25 March 2002, IP/N/1/ALB/I1, 
25 March 2002, IP/N/1/ALB/L/1, 9 April 2008, IP/N/1/A LB/P/1, 9 April 2008, IP/N/1/ALB/P2, 10 April 2008, 
and IP/N/1/ALB/U/1, 25 March 2002.  
107 More specifically with the following documents: the European Convention in the field of Patents 
(EPC 2000);  Directive 98/44/EC (biotechnological inven tions);  Directive 98/71/EC (protection of designs);  WT/TPR/S/229/Rev.1 Trade Policy Review 
Page 74 
 
 
Table III.9 
Overview of IPR protection, 2009 
Coverage Duration Exclusions and limitations 
Patents 
Industrial Property Law No. 9,947 of 7 July 2008 (entered into force 1 November 2008) 
Any invention that is new and 
involves an inventive step, that is capable of industrial 
application 20 years from the 
date of filing 1. Inventions, whose commercial use is inconsistent with public order, morality 
or public health and people's lives, in cluding: (a) processes of cloning human 
beings;  (b) processes for modifying the genetic identity line of embryonic 
human beings; (c) use of human embryo for industrial or commercial purposes;  
(d) processes for modifying the genetic id entity of animals lik ely to cause them 
suffering without substantial medical bene fit, and animals, resulting from such 
processes  
2. Plant or animal varieties or essen tially biological processes for production of 
plants or animals  
3. Human body in various stages of formation and development  
4. Methods for treatment of the human body or animals through surgery or therapy and diagnostic methods, practised on the human body or animals  
5. Substances obtained through nuclear  transformation for military purposes 
Industrial designs  
Industrial Property Law No. 9,947 of 7 July 2008  
New ornamental form of an 
object or new ornamental arrangement of lines or colours 
whose visual configuration can 
be used in manufacture 25 years from date of 
filing May not be registered when:  
does not comply with the requirements of Article 112 of the Industrial Property Law;  (a) is not new and has individual character;  (b) is determined essentially 
by technical or functional considerations ; (c) conflicts with morality or public 
order;  d) represents an abstract scheme or a technical plan;  (d) contains a flag 
or national emblem 
Utility models  
Industrial Property Law No. 9,947 of 7 July 2008 
New invention in a new shape 
or arrangement, capable of 
industrial application 10 years from date of 
filing Substances, matter, mixtures, and proce sses for their modification, biological 
processes and natural living material 
Trade marks for goods and services  
Industrial Property Law No. 9,947 of 7 July 2008 
Visually perceptible sign that 
distinguishes or certifies a good or service 10 years, renewable 
for equal successive periods A sign is not registered as a trade mark if :  (a) there is no distinctive character;   
(b) it consists exclusively of elements or indicators that to show the type, quality, quantity, purpose, valu e, geographical origin or  time of production of 
goods or performing services, or to s how other characteristics of goods or 
services;  (c) it consists exclusively of elements or indicators that have become 
common in everyday language or have returned to commercial practices;  (d) 
composed of shapes or lines, imposed by the nature of the goods or services 
and / or shapes or lines essential to meet  a technical result;  (e) it consists of 
forms that give a value to essential goods;  (f) it consists of elements that harm 
the public interest or contravene public orde r or moral values;  (g) it consists of 
elements that tend to mislead the pub lic; (h) it consists of geographical 
indications for wines or alcoholic beve rages that do not have a geographical 
origin of the locations shown in these indi cators, even if true origin is shown;  
(i) it consists of names, portraits, pe rsonal nicknames, well known in Albania, 
whose use has not been given authori zation by the person himself or his 
successor;  (j) it consists of names of st ates (full or abbreviated);  the state 
emblems, medals, honorary orders;  the s eal and official signs approved by the 
country;  arms of internationally recognized organizations or their 
abbreviations;  religious symbols;  national flags;  or (k) it consists of elements  
inconsistent with Article 6 bis of the Paris Convention 
  Table III.9 (cont'd)
                                                                                                                                                                     
Directive 89/104/EEC (trademarks);  Directive 2004/48/EC (protection of industrial property rights);  
Regulation (EEC) 1768/92 (protection of medicinal products);  Regulation (EC) 1610/96 (plant protection 
products);  Regulation (EC) 6/2002 (Community Registration designs);  Regulation (EC) 40/94 (Community Registration trademarks);  Regulation (EC) 2,081/92 (protection of geographical indications). Albania WT/TPR/S/229/Rev.1 
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Coverage Duration Exclusions and limitations 
Geographic indications  
Industrial Property Law No. 9,947 of 7 July 2008  
Name of a country or region 
used to designate a service or 
good whose characteristics or 
reputation are derived from the country or region. Undetermined Use of the geographical indication is restricted to goods or service providers 
from the locality 
Copyrights and related rights 
Law No. 9,380 of 28 April 2005 (copyright and related rights), a nd related provisions including Council of Ministers Decision ( DCM) 
No. 232 of 19 April 2006 (creation and working of Albanian Copyright  Office), and DCM No. 343 of 6 June 2007 (adaption of the t ariffs 
of services that are offered by the Albanian Copyright Office)  
Text of literary, scientific or 
artistic works; musical 
compositions, audiovisual 
works, drawings, paintings, photographic works.  No 
registration necessary Life of the author 
plus 70 years as the 
general term of 
protection;  term varies according to 
the type or nature of 
the work No authorization required where the name  of the author is cited, or for 
reproductions used for educational pur poses, among others.  In the case of 
computer programs, acts related to ba ckup copy, partial quotes for teaching 
purposes, similarity with a pre-existi ng program, and integration with an 
application or operational system techni cally indispensable for user needs, 
subject to certain conditions 
New plant varieties  
Law No. 8,880 of 15 April 2002 "On Plant Breeders' Rights", Law No. 9,395 of 12 May 2005, "On the Accession of the Republic of 
Albania to the International Convention for the Protection of Ne w Varieties of Plants", Council of Minister Decision No. 72 of 15 
February 2001 "On the approval of the regulation of plant protec tion products", and Law No. 9,947 of 7 July 2008 On Industrial Property 
New plant varieties and 
derived plant varieties of any genus or species.  Guarantees the property right to any 
natural or legal person 
obtaining a new plant variety or essentially derived variety Patent 20 + 5 years 
from the filing date  May be subject to compulsory licences  
Layout designs of integrated circuits  
Law N° 8,488 of 13 May 1999 "On the Protection of Topographies of Integrated Circuits", as amended by Law No. 9,957 of 17 July 2008  
Protection of layout of 
integrated circuits 10 years from 
application No protection for concepts, processes,  systems or techniques on which the 
layout is based or of any information stored  
Undisclosed Information  
Law No. 9,121, of 23 July 2003 (protection of competition), as am ended by Law No. 9,499, of 3 April 2006;  Regulation of the 
Commission on Verification of Manufacturing Conditions  of Pharmaceuticals No. 2,976 of 14 July 1998;  Regulation No. 4 of 
30 December 1999 (registrati on of veterinary drugs) 
Protects against unfair 
commercial use, of 
information and data presented 
to the authorities for commercial approval Up to 2 years after the 
employment or 
confidential 
relationship is terminated May be subject to compulsory licences 
Law No. 9,121 deals with 
undisclosed information in general.  Regulation No. 2,976 
deals with undisclosed 
information related to pharmaceutical products Regulation No. 4 of 
30 December 1999 deals with 
drugs for veterinary use   
Source: Information provided by the authorities and WTO Secretariat. 
193. The new law clarifies the conditions for the prot ection of industrial property rights, as well as 
the procedures for patent and other industrial propert y investigation, examination, and approval.  It 
also contains more detailed provisions on regi stration, opposition procedures in each case, 
infringement of rights and enforcement.  The law al so gives the judicial system and other relevant 
institutions the possibility of increasing their role in the protection of these rights.  WT/TPR/S/229/Rev.1 Trade Policy Review 
Page 76 
 
 
194. To achieve those aims, the 2008 Industrial Prope rty Law introduced a number of amendments 
to the system of industrial property protection.  For example, the law provides for the grant of a supplementary protection certificate for medicina l products and plant protection products in 
conformity with the provisions of Regulation (EEC ) 1,768/92 "Supplementary protection certificate", 
as well as detailed provisions on how to compute th e additional time period for a patent.  The law 
provides for the possibility of third parties presen ting an "opposition" against the grant of ownership 
of an industrial property object within three months  of publication of the application, so as to avoid 
future judicial conflicts based on a violation of prior rights.  The law also provides for the re-
establishment of rights when the right-owner was not in a condition to respect a time period set by the 
ALPTO.  The law sets out, in a specific manner, the temporary and protective measures that should be 
taken by a Court and other relevant institutions in  cases of violation of these rights, in compliance 
with the provisions of Directive 2004/48/EC "On th e enforcement of intellectual property rights", and 
with the provisions of the TRIPS Agreement. 
195. The right to a patent belongs to the inventor or  his/her legal representative;  joint applicants 
have equal rights, unless they agree otherwise.  If two or more applications are filed for the same 
invention by different persons, priority is given to th e application that holds the earliest date of filing.  
Priority right is given to parties to the Pari s Convention, or WTO Members for filings done under 
their national legislation.  Patents are granted by the ALPTO.  To be patentable, an invention must 
constitute an innovation, contain an inventive step , be non-obvious, be appli cable in industry, and 
adequately described for its use (Table III.9).  Patents and utility models may be granted for a 
machine, article of manufacture, or composition of matter, or any new and useful improvement 
thereof.  Laws of nature, physical phenomena, and abstract ideas are not patentable.  Patents are 
granted for 20 years from the filing date subject to payment of renewal fees;  utility models are 
granted for 10 years from the filing date, subject to payment of renewal fees.  Supplementary 
protection certificates for medicinal products and plan t protection products are granted for five years 
from the filing date, subject to payment of renewal fees. 
196. The ALPTO is required to publish all patent a pplications 18 months from the date of deposit 
or, where priority has been requested, from the date of  priority.  However, if the applicant requests, in 
writing, that the application be published before the 18-months deadline, the ALPTO must publish it 
in its next newsletter.  The publication of a patent  application gives the applicant, temporarily, the 
same rights as those granted by the patent itself.  The ALPTO keeps the register of patents, which is 
open for inspection by the public.  Patents consid ered "state secret" follow rules issued by the 
Minister of Defence.  In this case the patent applicant must allow the Ministry of Defence use of the invention subject to compensation.  The authorities i ndicated that there have been no applications for 
such patents.   
197. Objections to the granting of a patent may be  filed within nine months of the date of 
publication.  The owner of the patent has the right to present his/her arguments within three months of 
receipt of the notification.  Following hearings or the presentation of written statements and an investigation, the ALPTO Board of Appeal takes the decision to invalidate the patent or to reject the 
opposition demand.  
198. Under certain conditions, the Law allows courts  to grant compulsory licences to any person 
who proves himself capable of exploiting the invention subject of a patent granted in Albania.  The 
conditions include that the patent has not been worked  within four years of its filing or three years of 
issuance, and that the licence applicant has trie d unsuccessfully to obtain a voluntary licence from the 
patent holder.  Patent holders are compensated in the case of compulsory licences;  if the parties do 
not agree, the compensation is determined in court.  In cases of national security or major interest, the 
Ministers of Defence and of Health may authorize an agency, a state institution or a person designated Albania WT/TPR/S/229/Rev.1 
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to make, use or sell the invention product of a pate nt, even without the consent of the patent owner, 
against payment of fair compensation.  The authoriti es indicated that there are no legal provisions in 
industrial property law on the issue of parallel im ports.  Albania applies a national system of 
exhaustion of trade mark rights, unless a bilateral or multilateral agreement provides otherwise:  in 
these cases an international system of exhaustion of rights will be applied only to the countries 
defined in the agreements. 
199. In order to be protectable, an industrial desi gn must be new and usable in industrial or 
handicraft.  The owner of the registered design ha s the right to prevent third parties from making, 
importing, offering to supply or distributing, or having in their possession for these purposes, any 
products that incorporate the registered design or  closely similar design, for commercial purposes.  
Albanian law does not provide for compulsory licen sing of industrial designs, but voluntary licences 
may be granted.  Protection is granted for five y ears from the date of filing and can be extended for 
four successive five-year periods, up to a total term of 25 years. 
200. Trade marks, including service ma rks, are also protected under the Industrial Property Law.  
The term of protection is ten years, renewable for similar periods.  Protection is conferred by 
registration.  The registration process for trade mark s takes five months from the date the application 
is deposited.  Following examination, a decision is issued to register the mark or to refuse registration.  
The decision is published in the ALPTO’s Bulletin , which is published every three months.  The 
registration may be renewed every ten years, against payment of the fee.  If the registration is not 
renewed at the appropriate time, the ALPTO may gran t an additional six-month period, at the request 
of the mark owner, to renew the registration;  after this term, the mark may not be renewed.  
Registration of a mark may be revoked if the owne r has not used it in connection with the goods or 
services referred to in the registration for three years, without good reason. 
201. Geographical indications (GIs) are also protect ed under the Industrial Property Law.  They 
include:  (a) geographical names of products, who se distinctive properties are mainly due to the 
location or region where they are produced;  and (b) the name of a product that has become generally 
known through long-term use as an indication that  the product originates from a certain location or 
region.  Unauthorized use of a GI is prohibited even  if the words "type", "style", "fashion", "produced 
as" or similar words are added.  The ALPTO exam ines applications within two months, to verify 
whether they fulfil the requirements of the Industrial Property Law and DCM No. 1,705 of 29 December 2008 (Regulation for the registration of Geographical Indications) and sets a date for 
deposit.  Within five months of the date a request  is deposited, the ALPTO examines it for conformity 
with the conditions for registration.  The ALPTO publishes the GI in the Bulletin of Industrial 
Property .  Protection is for an undetermined period. 
202. Law No. 8,488 of 13 May 1999 "On protection of topographies of integrated circuits" 
provides for protection for layout designs of integrat ed circuits;  the authorities indicated that the law 
follows Directive 87/54/EEC.    In November 2007,  the law was amended to introduce some changes 
in terminology and to make it c onsistent with the new Industria l Property Law;  it was further 
amended by Law No. 9,957 of 17 July 2008.  The holder of the protected topography is granted 
exclusive rights of commercial exploitation, including the right to authorize or prohibit its reproduction, importation, sale or other form of dist ribution.  These exclusive rights expire ten years 
from the end of the calendar year in which the applica tion was filed, or the end of the calendar year in 
which the topography is first commercially exploited anywhere in the world, whichever comes first.  
If a topography has not been commercially exploited, the exclusive rights expire after 15 years from its fixation or encoding. WT/TPR/S/229/Rev.1 Trade Policy Review 
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203. Law No. 9,121 of 23 July 2003 (protection of competition), as amended by Law No. 9,499 of 
3 April 2006, protects business secrets, including trade secrets.  Article 49.1 of the law prohibits disclosing business or operative secrets of comp etitors in an illegal manner or encouraging 
competitors' employees to do so.  Article 49.2 forbid s using or giving to othe rs business or operative 
secrets obtained in the course of employment or othe r confidential relations during the term of those 
relations in order to gain competitive advantage for oneself or a third party or to damage the owner of 
a commercial company.  The obligation continues fo r two years after the employment or confidential 
relationship is terminated if the owner of the busin ess or operative secret has a justifiable interest and 
the obligation does not unreasonably restrict the bus iness or professional activity of others.  In the 
field of veterinary drugs, Regulation No. 4 of 30 December 1999 "On the registration of veterinary 
drugs" defines the registration procedure for any medicine imported and locally produced;  
registration is valid for five years and may be rene wed in conformity with the procedures fixed by EU 
directives.  
204. Plant varieties are protected by Law No. 8,88 0 of 15 April 2002 (Plant Breeders' Rights), 
which protects the breeders' rights for the reproduction, multiplication, processing, and trading of 
plant cropped material;  it assures data confidentia lity during the registration process and approval for 
use.  DCM No. 72 of 15 February 2001 "On the approval of the regulation of plant protection 
products" contains provisions for the protection of data  on the basis of the request of the applicant;  
there is no a defined period of time for their prot ection.  Albania acceded to the International 
Convention for the Protection of New Varieties of Pl ants in 2005, and internalized this in domestic 
legislation through Law No. 9,395 of 12 May 2005. 
205. There were 377 patent applications for 2008, of which 363 were validations of patents issued 
by the European Patent Office (EPO), 7 were nati onal applications, and 7 were under the PCT.  Also 
in 2008, there were 5,466 applications at the Eur opean Patent Office that also selected Albania for 
patent protection.  In January-June 2009, the ALPTO  recieved 192 patent applications, of which 186 
were validations of patents issued by the EPO a nd 6 under the PCT.  A total of 3,077 applications 
were received to June 2009, of which 2,883 were  validations of patents issued by the EPO, 
41 national applications, and 153 PC T applications;  1,917 patents we re granted, 416 were refused, 
692 applications expired and 52 are in process (Febru ary 2010).  The highest number of applications 
were from the United States (978);  Germany (370);  France (366);  Italy (253);  Denmark (129);  Sweden (133);  Switzerland (187);  Japan (84);  Neth erlands (58);  Spain (52);  others (143).  During 
2000-08, 158 applications for industrial designs  were received and 113 registrations issued. 
206. In recent years, applications for marks by Albani an nationals have increased.  For example, in 
2008, there were 5,693 applications for the registration of trade marks and service marks.  Marks registered through the Madrid Agreement in the period from 1994 to 2008, 44,987 applications for 
marks of which 76% were applications from th e Madrid Agreement and 24% were national and 
Albanian applications.  Applications from German companies or individuals make up the largest part 
of these applications (22% of the total), followed by  Italian applications (15%), Swiss (13%), French 
(12%), and U.S. applications (11%).   
Copyright 
207. Copyright is governed by Law No. 9,380 of 28 April 2005 (Copyright and related Rights), 
and related provisions including DCM No. 232 of 19  April 2006 (creation of Albanian Copyright 
Office), and DCM No. 343 of 6 June 2007 (adoption of the tariffs for services offered by the Albanian 
Copyright Office).  The 2005 Copyright Law repealed Law No. 7,564 of 19 May 1992 and its Albania WT/TPR/S/229/Rev.1 
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amendments.  The authorities indicated that the new legislation was formulated to reflect obligations 
under ratified international c onventions or treaties and to implement EU Directives.108   
208. The Copyright Law provides for the protection of literary, artistic, public and other works 
including any original intellectual creation of th is nature.  Protection does not depend on the manner 
and form of expression, or on the quality or the aim of the work;  if is not extended to ideas, 
procedures, processes, systems, ways of action, c oncepts, expressed principles or discoveries.  In 
accordance with the law, the economic rights of the aut hor include the exclusive right of authorizing:  
the reproduction of the work;  its importation, w ith the purpose of distribution (selling, leasing, 
renting, loaning) to the public;  its translation;  the preparation of adaptations or alterations,  and 
communication to the public.   
209. 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.  The retroactive protection accorded by Ar ticle 18 of the Berne Convention is provided.  The 
2005 Law also contains provisions with respect to droit de suite  or the artist's resale right, allowing 
authors of fine art works 5% of the sum accumulated by every resale of the work, up to a certain limit. 
210. The terms of protection under the Copyright La w are as follows:  copyright:  the lifetime of 
the author plus 70 years after his death;  works of applied art: moral and economic rights:  25 years 
from their making;  rights of performers:  50 years,  starting from the end of the year in which the 
performance took place;  rights of producers of phonograms:  50 years, starting from the end of the 
year, in which the phonogram was produced for the fi rst time;  rights of broadcasting organizations:  
50 years, starting from the end of the year, in wh ich the broadcasting took place.  Moral rights are 
protected permanently.  
211. Agencies of Collective Management of copyright  and related rights require a licence from the 
Minister of Tourism, Culture, Youth and Sports, upon recommendation from the ACO.  An agency must be established per category of work or branch of art.  Currently four agencies are licensed to 
operate in Albania.
109  Agencies determine their own charg es, but the authorities noted that many 
users considered them to be too high.  The policy with respect to collective management of copyright 
and related rights has been the subject of c ontroversy between the ACO and the Competition 
Authority (CAA).  The CAA has interpreted ACO’ s policy, which is based on provisions of the 
Copyright Law, of defining a specific Agency of  Collective Management per art branch, as granting 
monopoly rights to these agencies.  In ACO’s view, the existence of more than one agency per art 
branch is likely to cause confusion within  the community of authors and users. 
                                                      
108 The ratified conventions/treaties include:  the TRIPS Agreement;  the Berne Convention for the 
Protection of Literary and Artistic Works (Paris text of 1971), the Universal Copyright Convention 1952-1971;  
the Rome Convention for the Protection of Performers, Phonograph Producers and Broadcasters (text of 1961);  
the WIPO Copyright Treaty 1996;  the Phonograms Conventions;  and the WIPO Performances and 
Phonographs Treaty.  The EC Directives implemented include:  Directive 93/98/EEC (amended on 2006);  
Directive 91/250 /EEC;  Directive 2004/84/EEC;  Directive 92/100/EEC of November 1992 (amended in 2006);  Directive 93/98/EEC "On the harmonisation of term of protection of copyright and other rights related to it";  
and Directive 93/83/EEC. 
109 These are:  the Agency of Co llective Management of Copyright "ALBAUTOR", in the field of 
music and its mechanical registrations;  the Agency of Collective Management of Copyright "FMAA", for the 
protection of rights of directors and screen-writers of the Albanian cinematography and audiovisual works;  the 
Agency of Collective Management of Related Rights "AKDIE", for the protection of performers and executers;  and the Agency of Collective Management of Related Rights "AMI", for phonogram producers’ rights. WT/TPR/S/229/Rev.1 Trade Policy Review 
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212. At end 2009, the authorities were attempting to finalize the drafting of a new Law on 
Copyright and related Rights, to comply with Al bania’s commitments under the SAA.  The new law 
would transpose a number of EC Directives and en sure better protection of copyright and related 
rights.110  It would introduce provisions aimed at:  stre ngthening and intensifying control, monitoring, 
and enforcement activities;  improving administrative and legal procedures;  widening the coverage of 
cases that compose administrative or penal offence, infringement or penal act;  and increasing the values and scope of punitive sanctions.  
213. Between 2007 and end 2 009, the ACO received 74 requests for copyright registration by 
authors or their legal successors. 
(c) Enforcement 
214. Legislation with respect to enforcement is c ontained in the Penal Code and its amendments, 
Penal Procedure Code, the Civil Code, the Civil Procedure Code and its amendments, and customs 
legislation (the Customs Code Law No. 8,449 of 27 January 1999 and DCM No. 205, 13 April 1999, 
as amended).  In accordance with this legal frame work, rights infringement may be brought to the 
courts, which are authorized to impose fines of between lek 100,000 (€770) and lek 500,000 (€3,850) 
for patent, mark or design infringement, established as administrative fines.  The Code of Civil 
Procedures authorizes judges to order the payment of  monetary damages adequate to compensate the 
injury.   
215. Under the Penal Code, as amended by the Law No. 7,883 of 24 January 2001, the unlawful 
production and distribution on commercial scale of industrial goods and food  constitutes a criminal 
infringement punishable with fine or imprisonme nt for up to two years.  When committed in 
collaboration with other persons, more than once, or when it has caused serious consequences, it is 
punishable with imprisonment from three to ten years.   The translation, adaptation, sound or visual 
recording, reproduction, the transmission of an artis tic work without the authorization of its author, 
when the author's moral and economic rights have b een infringed, constitutes a criminal act penalized 
by fine or imprisonment of up to one year.  Unde r the Penal Code, fines and imprisonment of up to 
four years may be applied for fraudulent misappr opriation of property or copyright infringement. 
216. The holder of a trade mark or patent may, under the Customs Code, request the customs 
authorities to prohibit the release for circulation, or the exportation or re-exportation of counterfeited 
or pirated goods.  The Law on Competition authori zes courts to impose fines of between lek 10,000 
(€77) and lek 200,000 (€1,540) to persons or co mpanies who do not respect business secrets. 
217. During 2006-09, the ALPTO was called to take pa rt in 15 judicial cases for violations of 
industrial property rights, either as a defendant or as a third party.  In one case, the invalidity of a patent issued by the ALPTO was sought by the plaintiff on the basis of the absence of the 
patentability criteria.  The Court of First Instance decided that the patent criteria that make an invention patentable had not been met, such as novelty  and inventive step; it decided to invalidate it.  
At appeal, a decision was taken to judge the case agai n due to a fault in procedure.  The 12 remaining 
cases dealt with violations of trademark rights.  Most  of the decisions by the First Instance Court were 
taken to the Court of Appeal.  The Board of A ppeal, as a part of ALPTO, took decisions on 47 cases 
during 2008-09 and only two were taken to the Tirana Court of First Instance. 
                                                     
 
110 Namely, Directive 2004/48/EC;  Directive 2001/29/EC;  Directive 2001/84/EC;  
Directive 2006/115/EC-amendment of Directive 92/ 100/ EEC;  and Directive 2006/116/EC-amendment of Directive 93/98/EEC. Albania WT/TPR/S/229/Rev.1 
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218. With respect to copyright enforcement, although efforts have been undertaken in recent years 
to improve compliance, reports by internationa l observers identify shortcomings and lack of 
awareness about IPRs and infringements.111  More recently, the authorities have step up measures to 
improve enforcement.  In 2008, the ACO si gned a memorandum of understanding with the 
Competition Authority, the National Council of Radi o and Television, the National Cinematography 
Centre, and the tax and customs administrations, w ith the aim of fighting piracy and enforcing the 
copyright law.  They indicated, however, that, w ith the exception of sporadic cooperation with the 
General Directorate of Taxation, collaboration with the other institutions has not been successful.   
219. The ACO has also been conducting a campai gn to raise awareness and information on 
copyright legislation, including meetings with th e main corporate producers and users of copyright-
intensive products, such as radio and television operators, including cable TV operators;  mobile 
phone operators;  producers of CDs, DVDs  and audiocassettes;  and publishers.  
220. The implementation of copyright law is verified by ACO inspectors who, under the 
Memorandum of Understanding with  the General Directorate of Taxation, collaborate with tax 
inspectors on an ad hoc basis.  They conduct, fo r example, unannounced inspections in businesses, 
which may result in confiscation of infringing matter and in fines, collected by the relevant regional 
Tax Office, and added to the State Budget.  A fine may be appealed within ten days before the ACO, 
which is obliged to issue a decision within ten days .  ACO decisions may be appealed before courts.  
The authorities indicated that, in most cases, the appeal s are rejected and the fines applied, but that the 
record for collecting the fines has not been good. 
221. Between April 2007 and December 2009, the ACO received 194 complaints with respect to 
breaches of copyright by right-holders.  As at Ja nuary 2010, administrative proceedings for 176 of 
these cases had been completed.  In  all but three completed cases, the ACO ruled in favour of the 
right-holders.  In 2008-09, the First Instance Court of Tirana issued nine verdicts related to copyright 
disputes;  there are still 12 judicial cases under procee dings in this court as well as four cases before 
the Appeal Court of Tirana and one case before the High Court. 
222. Between May 2007 and December 2009, 260 fin es were applied for copyright infringement 
and some 12,093 pieces of merchandise confiscated.  In one case, in September 2008, administrative 
and penal measures were taken against a subject  exercising openly the activity of Agency of 
Collective Management of copyright without a licen ce from the Minister of Tourism, Culture, Youth 
and Sports.  
223. The authorities have emphasized that there is a lack of coordination between the ACO and the 
judiciary with respect to copyright  enforcement.  For example, in 2007-08, there were 5 penal and 
35 civil procedures regarding copyright: the ACO pa rticipated in only 22 of these although copyright 
law defines ACO representatives as the experts on co pyright disputes before courts.  The authorities 
attributed this to a lack of knowledge on the part of judges and prosecutors w ith respect to copyright 
legislation. 
224. In order to step up enforcement, the National Plan for the implementation of the SAA, in 
accordance with DCM No. 232 of 19 April 2006, e nvisages the creation of 12 regional copyright 
offices (RCOs), administrative dependences of the AC O.  The authorities indicated that the creation 
of the first two RCOs, in Durrës a nd Elbasan, has been  budgeted for 2010. 
                                                      
111 See, for example, U.S. Department of State, Bureau of Economic, Energy and Business Affairs 
(2009).