WORLD TRADE  
ORGANIZATION  WT/REG182/1 
22 December 2004 
 
 (04-5629) 
Committee on Regional Trade Agreements Original:   English 
 
  
FREE TRADE AGREEMENT BETWEEN 
ALBANIA AND  THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA 
 
 
 The following communication, dated 9 December 2004, is being circulated at the request of 
the Delegation of Albania.
1 
 
_______________ 
  
AGREEMENT ON FREE TRADE BETWEEN THE GOVERNMENT OF ALBANIA AND THE 
GOVERNMENT OF MACEDONIA 
 
PREAMBLE
 
 
 Desirous to develop and strengthen friendly relations, especially in the fields of trade and 
economic cooperation, with the aim to contribute to the development of economic cooperation between the two countries and to increase the scope of mutual trade exchange, 
 
 The Government of Albania and the Government of Macedonia  (hereinafter called "the 
Contracting Parties "), 
 
 Reaffirming  their commitment to the principles of market economy, which constitutes the 
basis for their relations, 
  Considering  their common desire to participate ac tively in the process of international 
economic integration,   Expressing  their readiness to co-operate in findin g the means and ways for strengthening of 
this process, 
 
 Resolved to this and to eliminate progressively the obstacles to substantially all their mutual 
trade in accordance with the provisions of the Ge neral Agreement on Tariffs and Trade (GATT, 1994) 
and the Marrakesh Agreement, establishing the World Trade Organization (WTO), 
 
 Declaring  their readiness to undertake activities with a view of promoting harmonious 
development of their trade, as well as of expanding and diversifying their mutual co-operation in the fields of joint interest, including fields, not covere d by this Agreement, thus creating a framework and 
supportive environment, based on equality, non-discri mination, and balance of rights and obligations,  
 
 Firmly  decided that this Agreement will promote th e intensification of mutually beneficial 
trade between them and will bring to the process of integration in Europe, 
                                                     
 
1 The Annexes of the Agreement have been submitted to the Secretariat for consultation by interested 
Members (office 1174). WT/REG182/1 
Page 2  
 
  
 Considering  that no provision of this Agreement ma y be interpreted as exempting the Parties 
from their obligations under other international agreements, especially the General Agreement on 
Tariffs and Trade of 1994 and the Marrakesh Agreem ent, establishing the World Trade Organization, 
 
 Have Decided , in pursuance of these objectives, to conclude the following Agreement 
(hereinafter referred to as "this Agreement") : 
 
Article 1 
 
Objectives
 
 
1. The Contracting Parties shall gradually estab lish a free trade area in a transitional period 
lasting a maximum of six years, starting from the en try into force of this Agreement, in accordance 
with the provisions of this Agreement and in conf ormity with the definition, set out in Article XXIV 
of the GATT of 1994, and the Marrakesh Agreement, establishing the WTO. 
2. The objectives of this Agreement are: 
(a) to increase the economic co-operation of th e two countries and to raise the standard 
of living of their population, 
(b) to gradually eliminate restrictions on trade in goods, 
(c) to provide fair conditions of competition fo r trade between the Co ntracting Parties, 
(d) to contribute in this way, by removal of barriers to trade, to the harmonious 
development and expansion of world trade, 
(e) to enhance co-operation between the Contracting Parties, 
(f) to create conditions for further promotion of investments, particularly for the 
development of joint investment in both countries, 
(g) to promote trade and co-operation of the Contracting Parties on third countries’ 
markets.  
 
CHAPTER I 
 
INDUSTRIAL PRODUCTS 
   
Article 2 
 
Scope  
  The provisions of this Chapter shall apply to industrial products, originating in one of the 
Contracting Parties. For the purpose of this Agreement, the term “i ndustrial products” means 
products, falling within Chapters 25 to 97 of Ha rmonized Commodity Description and Coding System 
with the exception of the products, listed in Annex I. 
  WT/REG182/1 
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 Article 3 
 
Basic Duties  
 
1. For commercial exchanges, covered by this Ag reement, the Customs Tariffs of the Republic 
of Albania shall be applied to the classification of goods, imported in the Republic of Albania. The 
Customs Tariffs of the Republic of Macedonia shall be applied to the classification of goods, 
imported in the Republic of Macedonia. 
2. For each product the basic duty, to which successi ve reductions, set out in this Agreement, are 
to be applied, shall be the most-favoured-nation duty, ap plicable by the Contracting Parties on         
1st January 2002. 
3. If after this date, any ta riff reduction is applied erga omnes , in particular, reductions, resulting 
from the tariff agreements under the Urugua y Round of the GATT 1994 and the Marrakesh 
Agreement Establishing the WTO, the reduced duties shall replace the basic duties under paragraph 2 
from the date of application of the reduction. 
4. The reduced duties, calculated in accordance with paragraph 2, in accordance with 
arithmetical rules shall be rounded on two decimal nu mbers for the goods imported in Macedonia, and 
without decimal numbers for the goods imported in Albania. 
5. The Contracting Parties shall mutually exchange information on their basic duties. 
Article 4 
 
Customs Duties On Imports  
 1. No new customs duties on imports shall be introduced, nor shall those already applied be 
increased in trade between the Contracting Parties from  the date of entry into force of this Agreement. 
2. Customs duties on imports, applied in the Republic of Albania on products, originating in the 
Republic of Macedonia, specified in Annex II, shall be progressively reduced and abolished in 
accordance with the timetable,  provided in this Annex. 
3. Customs duties on imports, applied in the Repub lic of Macedonia on products, originating in 
the Republic of Albania, specified in Annex III, shall be progressively reduced and abolished in 
accordance with the timetable,  provided in this Annex. 
4. Any changes in Albanian and Macedonian comm itments to the European Communities in this 
regard shall be referred to the Joint Committee. 
Article 5 
 
Charges Equivalent To Duties
 
 1. No new charges, having effect equivalent to cu stoms duties on imports, shall be introduced in 
trade between the Contracting Parties. 
2. All charges, having effect equivalent to customs duties on imports, shall be abolished on the 
date of entry into for ce of this Agreement. WT/REG182/1 
Page 4  
 
   Article 6  
 
Fiscal Duties
 
 
 The provisions of Article 4 shall also ap ply to customs duties of a fiscal nature. 
 
  Article 7  
 
Customs Duties On Exports And Charges, Having Equivalent Effect  
 1. No new customs duties on exports or charges, ha ving equivalent effect, shall be introduced in 
trade between the Contracting Parties. 
2. On the date of entry into force of this Agre ement, the Contracting Parties shall abolish all 
customs duties on exports and charges, having equivalent effect, between them. 
  Article 8  
 
Quantitative Restrictions On Exports And Impor ts And Measures Havi ng Equivalent Effect
 
 
1. No new quantitative restrictions on exports and imports or measures, having equivalent effect, 
shall be introduced nor shall the existing be ma de more restrictive in the trade between the 
Contracting Parties from the date of entry into force of this Agreement. 
2. All quantitative restrictions on exports from the Contracting Parties and measures, having 
equivalent effect, shall be abolished on the da te of entry into forc e of this Agreement. 
  Article 9  
 
Technical Barriers To Trade  
 1. The rights and obligations of the Contracting Parties, relating to standards or technical 
regulations and the respective measures, shall be  governed by the WTO Agreement on Technical 
Barriers to Trade. 
2. The Contracting Parties shall cooperate an d exchange information in the field of 
standardization, metrology, confor mity assessment and accreditation, with the aim of eliminating 
technical barriers to trade. 
3. Each Contacting Party, upon a request from the other Contracting Party, shall submit 
information on particular individual cases of standards, technical rules or similar measures. 
4. The Contracting Parties will, where appropriate, en ter into negotiations for the conclusion of 
agreements on mutual recognition in the field of  conformity assessment, in the spirit of the 
recommendations of the WTO Agreement on Technical Barriers to Trade. 
5. The Contracting Parties will a ccept their national standards and rules for regulation of 
standardization and metrology for the legal and physi cal entities, which are residents of both countries 
on non-discriminatory basis.  WT/REG182/1 
 Page 5 
 
 
 CHAPTER II 
 
AGRICULTURAL, PROCESSED AGRICULTURAL AND FISHERY PRODUCTS 
 
  Article 10  
 
Scope  
 
 The provisions of this Chapter shall apply to agricultural, processed agricultural and fishery 
products (hereinafter called "agricultural prod ucts"), falling within Chapters 1 to 24 of the 
Harmonized Commodity Description and Coding System, and the products, listed in Annex 1 to this Agreement, originating in one of the Contracting Parties. 
 
  Article 11  
 
Quantitative Restriction On Exports An d Measures Having Equivalent Effect
 
 
1. No new quantitative restrictions on exports or m easures, having equivalent effect, shall be 
introduced nor shall the existing be  made more restrictive in the trade between the Contracting Parties 
from the date of entry into force of this Agreement. 
2. All quantitative restrictions on exports from the Contracting Parties and measures, having 
equivalent effect, shall be abolished on the da te of entry into forc e of this Agreement. 
  Article 12  
 
Exchange Of Concessions  
 1. The Contracting Parties declare their readiness to  foster, as far as their agricultural policies 
allow, the harmonious development of trade in ag ricultural products, and to discuss this issue 
periodically within the Joint Committee. 
2. In pursuance of this objective, the Contract ing Parties grant each other the concessions 
specified in Protocol A, providing for measures to facilitate trade in agricultural products, in 
accordance with the provisions of this Chap ter and those, laid down in this Protocol. 
3. Taking into account: 
- the role of agriculture in their economies, 
- the development of trade in  agricultural products between the Contracting Parties, 
- the particular sensitivity of the agricultural products, 
- the rules of their agricultural policies, 
- the consequences of the multilateral trade negotiations under the GATT and the WTO, 
the Contracting Parties shall examine the possib ilities of granting each other further concessions. 
 
   WT/REG182/1 
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 Article 13 
 
Concessions And Agricultural Policies
 
 
1. Without prejudice to the concessions, granted under Article 12, the provisions of this Chapter 
shall not restrict in any way the pursuance of th e respective agricultural policies of the Contracting 
Parties or the application of any measures under such policies, including the implementation of the 
provision of the WTO Agreement on Agriculture. 
2. The Contracting Parties shall notify to the Joint Committee changes in their respective 
agricultural policies pursued or measures applied wh ich may affect the conditions of agricultural trade 
among them, as provided for in this Agreement. Upon request of a Contracting Party, prompt 
consultations within the Joint Committee shall be held to examine the situation. 
  Article 14  
 
Specific Safeguards  
  Notwithstanding other provisions of this Agreem ent and, in particular, Article 20, and given 
the particular sensitivity of the agricultural pr oducts, if imports of products, originating in a 
Contracting Party, which are subject to concessi ons, granted under this Agreement, cause serious 
disturbances to the markets of the other Contract ing Party, the Party conc erned shall immediately 
enter into consultations to find an appropriate so lution. Pending such solution, the Contracting Party 
concerned may take measures it seems necessary. 
 
  Article 15  
 
Sanitary And Phytosanitary Measures
 
 1. The Contracting Parties shall apply their nationa l regulations in the fields of veterinary, 
sanitary and phyto-sanitary control in a way, co rresponding to the WTO Agreement on Sanitary and 
Phytosanitary Measures. 
2. Measures, concerning veterinary and phyto-sanitary control among the Contracting Parties, 
shall be harmonized on the basis of the EU legislation. 
3. The Contacting Parties commit themselves not to introduce discriminatory measures or other 
measures which lead to unduly restricting the flow of information about the level of sanitary and 
phyto-sanitary protection, animals, plants and products. 
 
CHAPTER III 
 
GENERAL PROVISIONS 
 
  Article 16  
 
Internal Taxation
 
 
1. The Contracting Parties shall refrain from any measures or practices of internal fiscal nature 
establishing, whether directly or indirectly, discrimination against products, originating in the 
Contracting Parties.  WT/REG182/1 
 Page 7 
 
 
 2. Products exported to one of the Contracting Parties, may not benefit from repayment of 
internal indirect taxation in excess of the am ount of indirect taxation imposed on them. 
  Article 17  
 
Customs Unions, Free Trade Areas And Frontier Trade  
 
1. This Agreement shall not prevent the maintena nce or establishment of customs unions, free 
trade areas or frontier trade arrangem ents to the extent that these do  not negatively affect the trade 
regime of the Contracting Parties and in particular the provisions, concerning rules of origin, provided 
for in this Agreement. 
2. Upon request the Contracting Parties shall inform each other of any agreement, establishing 
customs union or free trade areas. 
Article 18 
 
Structural Adjustment  
 
1. Exceptional measures of limited duration, derogating from the provisions of Article 4, may be 
taken by any of the Contrac ting Parties in the form of  increased customs duties. 
2. These measures may only concern infant industries, or certain sectors undergoing 
restructuring or facing serious difficulties, part icularly where these difficulties produce important 
social problems. 
3. Customs duties on imports, applicable in th e Contracting Party concerned to products, 
originating in the other Party, introduced by these measures may not exceed 25% ad valorem  and 
shall maintain an element of preference for products , originating in the other Party. The total value of 
imports of the product, subject to these measures, may not exceed 15% of total imports of industrial 
products from the other Contracting Party, as define d in Article 4, during the last year for which 
statistical data is available. 
4. The Contracting Party concerned shall inform the Joint Committee of any exceptional 
measures it intends to take and, upon request of the other Party, consultations shall be held within the 
Joint Committee on such measures and the sectors to which they apply, before they are applied. When 
taking such measures, the Party concerned shall pr ovide the Joint Committee with a schedule for the 
elimination of the customs duties, introduced under this Article. This schedule shall provide for a 
phasing out of these duties, starting at the latest two years after their intro duction, at equal annual 
rates. The Joint Committee may d ecide upon a different schedule. 
  Article 19  
 
Antidumping And Countervailing Measures  
 
 Nothing in this Agreement shall prejudice or affect in any way the taking , by either Party of 
antidumping or countervailing measures in accordance with Article VI of the GATT 1994, the 
Agreement on Implementation of Article VI of the GATT 1994 and the Agreement on Subsides and 
Countervailing Measures. WT/REG182/1 
Page 8  
 
 Article 20 
 
General Safeguards
 
 
 Where a product is being imported into any of  the Contracting Partie s in such increased 
quantities and under such conditions as to cause or threaten to cause: 
 
(a) serious injuries to domestic producers of a like or directly competitive products in the 
territory of the importing Party, or 
(b) serious disturbances to any related sector of the econom y or difficulties which could 
bring about serious deterioration in th e economic situation of a region,  
the Contracting Party concerned may take appropriate measures under the conditions and in 
accordance with the procedure,  laid down in Article 23. 
  Article 21  
 
Re-Export And Serious Shortage  
 
1. Where compliance with the provisio ns of Articles 7 and 8 leads to: 
(a) re-export towards a third country agains t which the exporting Contracting Party 
maintains for the product concerned quantitative export restrictions, export duties or 
measures or charges having equivalent effect; or 
(b) a serious shortage, or threat thereof, of a product essential to the exporting 
Contracting Party; 
and where the situations referred to  above give rise or are likely to give rise, to major difficulties for 
the exporting Party, that Contracting Party may take  appropriate measures under the conditions and in 
accordance with the procedures, laid down in Article 23. 
2. Measures, taken as a result of the situation referr ed to in paragraph 1, shall be applied in a 
non-discriminatory manner and be eliminated when conditions no longer justify their maintenance. 
  Article 22  
 
State Monopolies  
 1. The Contracting Parties shall adjust progressively any state monopoly of a commercial 
character so as to ensure that no discrimination regarding the conditions under which goods are 
procured and marketed exists between nationals of the Contracting Parties. 
2. The Joint Committee shall be informed about the measures adopted to implement this 
objective.  
    WT/REG182/1 
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 Article 23 
 
Procedure For The Application Of Safeguard Measures  
 
1. Before initiating the procedure for the applica tion of safeguard measures, set out in the 
following paragraphs of the presen t Article, the Contracting Parties shall endeavor to solve any 
differences between them through direct consultations. 
2. If a Contracting Party subjects imports of products, liable to give rise to the situation, referred 
to in Article 20, to an administrative procedure,  the purpose of which is the rapid provision of 
information on the trend of trade flows, it shall inform the other Party.  
3. Without prejudice to paragraph 7 of the present Article, a Contracting Party which considers 
resorting to safeguard measures shall promptly notif y the other Party thereof and supply all relevant 
information. Consultations between the Contracting Pa rties shall take place without delay in the Joint 
Committee with a view to finding a mutually acceptable solution. 
4. (a) As regard Articles 19, 20 and 21, the Joint Committee shall ex amine the case of the 
situation and may take any decision needed to  put an end to the difficulties notified by 
the Party concerned. In the case of the absence of such decision within thirty days of 
the matter being referred to the Joint Co mmittee, the Contracting Party concerned 
may adopt the measures necessary in  order to remedy the situation, 
 
(b) As regard Article 33, the Contracting Part y concerned may take appropriate measures 
after the consultations have been conclude d or after a period of three months has 
elapsed from the date of the first notification to the other Party,  
(c) As regards Article 27, the Contracting Part y concerned shall give the Joint Committee 
all the assistance required in order to examine the case and, where appropriate, 
eliminate the practice objected to. If the other Contracting Party fails to put an end to the practice objected to within the period fixed by the Joint Committee, or if the Joint Committee fails to reach an agreement within thirty working days on the matter, 
being referred to it, the Party concerned may adopt appropriate measures to deal with the difficulties, resulting from the practice in question. 
5. The safeguard measures taken shall be notif ied immediately to the Joint Committee. They 
shall be limited, with regard to their extent and to  their duration, to what is strictly necessary to 
remedy the situation, giving rise to their application and shall not be in excess of the injury, caused by 
the practice or the difficulty in qu estion. Priority shall be given to measures that will least disturb the 
functioning of this Agreement. 
 
6. The safeguard measures taken shall be an object of periodic consultations within the Joint Committee with a view to their relaxation or abolition when conditions no longer justify their maintenance. 
 
7. Where exceptional circumstances, requiri ng immediate action, make prior examination 
impossible, the Contracting Party concerned may, in the cases of Articles 19, 20 and 21, apply 
forthwith the provisional measures, strictly necessary  to remedy the situation. The measures shall be 
notified without delay and consultations between the Contracting Parties shall take place as soon as 
possible in the Joint Committee. 
 
   WT/REG182/1 
Page 10  
 
 Article 24 
 
General Exceptions
 
 
 This Agreement shall not preclude prohibitions or  restrictions on imports, exports or goods in 
transit, justified on grounds of public morality, pu blic policy or public security, the protection of 
health and life of humans, animals or plants and environment; the protection of national treasures 
possessing artistic, historic or archaeological value; the protection of intellectual property or rules, 
relating to gold or silver or the conservation of e xhaustible natural resources, if such measures are 
made effective in conjunction with restrictions  on domestic production or consumption. Such 
prohibitions or restrictions shall not, however, constitute a means of  arbitrary discrimination or a 
disguised restriction on trade between the Contracting Parties. 
 
  Article 25  
 
Rules Of Origin And Co-Operation In Customs Administration  
 
1. Protocol B of this Agreement lays down th e rules of origin and related methods of 
administrative co-operation. 
2. The Contracting Parties shall take  appropriate measures, including regular reviews in the Joint 
Committee and arrangements for administrative co-opera tion, to ensure that the provisions of Protocol 
B and Articles 3 to 9, 13, 16 and 18 of this Agreement are effectively and harmoniously applied, and to reduce, as far as possible, the formalities, imposed on trade, and to achieve mutually satisfactory 
solutions to any difficulties, arising fr om the operation of those provisions. 
Article 26 
 
Payments
 
 
 The Contracting Parties, in accordance with their respective legislation, will allow in freely 
convertible currencies all payments on the current a ccount of the balance of payments, as far as the 
transactions, related to the payments, affect trade unless the Parties otherwise agreed upon. 
   Article 27  
 
Rules Of Competition Betwee n Undertakings. State Aid
 
 
1. The following are incompatible with the proper fu nctioning of this Agreement, in so far as it 
affects the trade between the Contracting Parties: 
(a) all agreements between undertakings, decisions by associations of undertakings and 
concerted practices between undertakings which have as their object or effect the 
prevention, restriction or distortion of competition;  
(b) abuse by one or more undertakings of dominant position in the territories of the 
Contracting Parties as a whole or in a substantial part thereof; 
(c) any state aid which distorts of threatens to distort competition by favoring certain 
undertakings or the production of certain goods. 
2. Each Contracting Party shall ensure transparency in the area of state aid. Upon request by one 
Party, the other Party shall provi de information on particular individual cases of state aid.  WT/REG182/1 
 Page 11 
 
 
 3. For the purpose of applying the provisions of paragraph 1 of this Article, the Contracting 
Parties will take the measures in conformity with  the procedures and under the conditions laid down 
in their respective Agreements w ith the European Communities. In  case of any change in those 
procedures and/or conditions these changes will be applic able between the Parties. 
4. If the Contracting Parties consider  that a particular practice is incompatible with the terms of 
the first paragraph of this Article, and: 
(a) is not adequately dealt with under the impl ementing rules referred  to in paragraph 3 
of this Article, or 
(b) in the absence of such rules, and if such practice causes or threatens to cause serious 
prejudice to the interest of the other Party or material injury to its domestic industry, 
including its services industry, 
it may take appropriate measures after consultati ons within the Joint Committee or after thirty 
working days following referral for such consultation. 
5. The provisions of paragraph 1 (c) shall not appl y to products, referred to in Chapter II.  
6. In the case of practices incompatible with pa ragraph 1.c) of this Article, such appropriate 
measures may, where the WTO/GATT 1994 applies thereto, only be adopted in conformity with the procedures and under the conditions laid down by the WTO/GATT 1994 and any other relevant 
instrument negotiated under its auspices which are applicable between th e Contracting Parties. 
7. Notwithstanding any provisions to the contrary adopted in conformity with paragraph 3 of 
this Article, the Contracting Parties shall exchan ge information taking into account the limitations 
imposed by the requirements of professional and business secrecy. 
  Article 28  
 
Balance Of Payments Difficulties
 
 
 Where one of the Contracting Parties is in seri ous balance of payments difficulties, or under 
imminent threat thereof, the Party concerned may,  in accordance with the conditions, established 
under the GATT 1994 and Article VIII of the Articles  of Agreement of the International Monetary 
Fund, adopt restrictive measures, including measures related to imports, which shall be of limited 
duration and may not go beyond what is necessary to  remedy the balance of payments situation. The 
measures shall be progressively relaxed as balance of payments conditions improve and they shall be 
eliminated when conditions no longer justify their maintenance. The Contracting Party concerned shall inform the other Party forthwith of their in troduction and, whenever practicable, of a time 
schedule for their removal. 
 
  Article 29  
 
Intellectual Property Rights
 
 
1. The Contracting Parties shall grant and ensure adequate and effective protection of 
intellectual property rights on a non-discriminatory ba sis, including effective measures for enforcing 
such rights against infringement, and particularly  against counterfeiting and piracy. The Contracting 
Parties agree to comply with the substantive standa rds of the multilateral agreements listed in     
Annex IV. WT/REG182/1 
Page 12  
 
 2. For the purpose of this Agreement the term "intellectual property" includes in particular 
copyright including the copyright on computer programmes and neighbouring rights, patents, 
trademarks, industrial designs, geographical indications, topographies of integrated circuits, 
undisclosed information as well as unfair competition. 
3. In fulfillment of their commitments under international agreements and legislation in the field 
of intellectual property rights, the Co ntracting Parties to this Agreement shall not grant to nationals of 
the state of the other Party treatment less favorable th an that accorded to nationals of any third state. 
4. The Contracting Parties shall co- operate in matters of intellectua l property. Upon request of a 
Contracting Party, they shall hold expert consulta tions on these matters, in particular on activities 
relating to the existing or to future internatio nal conventions concerning the harmonization, 
administration and enforcement of intellectual property and on activities in international 
organizations, such as the WTO, World Intellectual Property Organization, as well as on the relations 
of the Contracting Parties with any thir d country on intellectual property matters. 
5. The implementation of this article shall be re gularly assessed by the Contracting Parties. 
Upon difficulties in trade in relation with the rights  of intellectual property, any of the Contracting 
Parties may request urgent co nsultations for finding mutually satisfactory solution. 
Article 30 
 
Public Procurement
 
 
1. The Contracting Parties consider the liberali zation of their respective public procurement 
markets as an objective of this Agreement. The Contracting Parties aim at opening up of the award of 
public contracts on the basis of non-discrimination and reciprocity. 
2. The Contracting Parties will progressively de velop their respective rules, conditions and 
practices on public procurement and shall grant su ppliers of the other Contracting Party access to 
contract award procedures on their respective public  procurement markets not less favorable than that 
accorded to companies of any third country. 
3. The Joint Committee shall examine developments related to the achievement of the objectives 
of this Article and may recommen d practical modalities of implementing the provisions of paragraph 
2 so as to ensure free access, transparency and full balance of rights and obligations. During the 
examination referred to this paragraph from this Article, the Joint Committee may consider, especially 
in the light of international regulations in this ar ea, the possibility of extending the coverage and/or 
the degree of the market opening provided for in paragraph 2. 
4. The Contracting Parties shall endeavor to acced e to the relevant Agreements negotiated under 
the auspices of the GATT 1994 and the Marr akesh Agreement, establishing the WTO. 
Article 31 
 
Services And Investment  
 
1. The Contracting Parties to this Agreement recogn ize the growing importance of certain areas, 
such as services and investments. In their efforts to gradually develop and broaden their co-operation, 
in particular in the context of the European integrat ion, they will co-operate with the aim of achieving 
a progressive liberalization and mutual opening of th eir markets for investments and trade in services, 
taking into account relevant provisions of the General Agreement on Trade and Services.  WT/REG182/1 
 Page 13 
 
 
 2. The Contracting Parties will discuss in the Joint Committee this co-operation with the aim of 
developing and deepening of their relations governed in this Article. 
Article 32 
 
The Joint Committee  
 
1. A Joint Committee is hereby established in  which each Contracting Party shall be 
represented. The Committee will be headed by tw o Co–Chairmen. The Co–Chairman from each side 
will be the Minister responsible for trade. The Jo int Committee will consist of five members for each 
Contracting Party. 
2. The Joint Committee shall be responsible for the administration of this Agreement and shall 
ensure its proper implementation. 
3. For the purpose of the proper implementation of  this Agreement, the Contracting Parties shall 
exchange information and, upon request of any Pa rty, shall hold consultations within the Joint 
Committee. The Committee shall keep  under review the possibility of further removal of the obstacles 
to trade between the Contracting Parties. 
4. The Joint Committee may, in accordance with the provisions of paragraph 3 of Article 33, 
take decisions in the cases provided for in this Agreement. On other matters the Committee may make 
recommendations. 
  Article 33  
 
Procedures Of The Joint Committee  
 1. For the proper implementation of this Agreem ent, the Joint Committee shall meet whenever 
necessary, but at least once a year. Either Party may request a meeting to be held. 
2. The Joint Committee shall act by common agreement. 
3. If a representative in the Joint Committee of a Contracting Party to this Agreement has 
accepted a decision, subject to the fulfillment of in ternal legal requirements, the decision shall enter 
into force, if no later date is contained therein, on the day the lifting of the reservation is notified. 
4. The Joint Committee shall adopt its rules of procedure which shall, inter alia , contain 
provisions for convening meetings and for the designation of the Chairperson and his/her term of 
office. 
5. The Joint Committee may decide to set up such sub-committees and working parties, as it 
deems necessary to assist it in accomplishing its tasks. 
  Article 34  
 
Security Exceptions
 
  Nothing in this Agreement shall prevent a Co ntracting Party from taking any measures which 
it considers necessary: 
 
(a) to prevent the disclosure of information cont rary to its essential security interests; WT/REG182/1 
Page 14  
 
 (b) for the protection of its essential security  interests or for the implementation of 
international obligations or national policies: 
(i) relating to the traffic in arms, ammun ition and implements of war, provided 
that such measures do not impair the conditions of competition in respect of 
products not intended for specifically milita ry purposes, and to  such traffic in 
other goods, materials and services as is carried on directly or indirectly for 
the purpose of supplying a military establishment; or 
(ii) relating to the non-proliferation of biol ogical and chemical weapons, nuclear 
weapons or other nuclear explosive devices; or 
(iii) taken in time of war or other serious in ternational tension, constituting threat 
of war. 
  Article 35  
 
Fulfillment Of Obligations
 
 
1. The Contracting Parties shall take all necessary measures to ensure the achievement of the 
objectives and the fulfillment of the obligations under this Agreement. 
2. If any Contracting Party considers that the other Party has failed to fulfill an obligation under 
this Agreement, the Party concerned may take the appropriate measures under the conditions and in 
accordance with the procedures laid down in Article 23. 
  Article 36  
 
Evolutionary Clause  
 
 Where a Contracting Party considers that it would be useful in the interest of the economies 
of the Contracting Parties to develop and deepen the relations established by this Agreement by 
extending them to fields not covered thereby, it sha ll submit a reasoned request to the other Party. The  
Contracting Parties may instruct the Joint Committee  to examine this request and, where appropriate, 
to make recommendations to them, particular ly with a view to opening negotiations. 
 
Article 37 
 
Amendments  
 
 Amendments to this Agreement other than th ose decided upon in accordance with paragraph 
3 of Article 33, and which are approved by the Join t Committee, shall enter into force on the date of a 
receipt of the later diplomatic note, confirming that  all procedures required by the national legislation 
of each Contracting Party for entry into force of the amendments have been completed. 
 
Article 38 
 
Protocols And Annexes  
 
 Record of Understanding, Annexes and Protocols to this Agreement are an integral part of it. 
The Joint Committee may decide to amend the Re cord of Understanding, Annexes and Protocols 
subject to the internal legal procedures of the Contracting Parties. 
  WT/REG182/1 
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 Article 39 
 
Validity And Withdrawal  
 
1. The Agreement is concluded for an unlimited period. 
2. Each Contracting Party to this Agreement ma y withdraw therefrom, by means of a written 
notification to the other Party. The termination shall take effect on the first day of the second month 
following the date on which the notification was received by the other Party. 
3. The Contracting Parties agree, that in case of accession of one of the Parties to this. 
Agreement to the European Union, th e Agreement will be terminated on  the day before the date of the 
accession to the EU, without successive compen sations for the other Contracting Party. 
Article 40 
 
Entry Into Force  
  This Agreement is subject to the ratification. It enters into force as of the date of receiving of 
the second of the notes, with which the Contract ing Parties notify each other through diplomatic 
channels that they have ratified the Agreement. 
 
 
 IN WITNESS WHEREOF the undersigned plenip otentiaries, being duly authorized thereto, 
have signed the present Agreement. 
 
 DONE in duplicate at ..............this.............day of...............in Albanian, Macedonian and 
English language, each of these being equally authen tic. In case of divergence the English text shall 
prevail.   
 For the Government For the Government 
 of the Republic of Albania of the Republic of Macedonia 
 
 
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