. /.   WORLD TRADE  
ORGANIZATION  G/ADP/Q1/ALB/3 
G/SCM/Q1/ALB/3 17 October 2007 
 
(07-4490) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Original:   English 
 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
 
Replies to Questions Posed by the EUROPEAN COMMUNITIES1 
Regarding the Notification of ALBANIA2 
 
 
 The following communication, dated 10 October 2007, is being circulated at the request of 
the Delegation of Albania.   
 
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  Question 1 
 
 In its notification of June 2007 Albania announced that a new law and regulations were being drafted which will be notified as soon  as the law will be approved by Albanian 
Parliament.  Could Albania please indicate whet her this new legislation has meanwhile been 
approved and, if so, when it enters into force and when it will be notified?   
 
Reply
 
  Pursuant to the notification of June 2007 for a new legal framework on trade remedies, 
Albania informs that it is approved by the Albani an Parliament by July 2007.  This new legal 
framework on trade remedies is composed by Law no. 9790, dated 19.07.2007 "On Safeguard 
Measures in Imports"  and Law no. 9796, dated 23.07.2007 "On Antidumping and 
Countervailing Measures"  which have entered in force by 21 August 2007.  Therefore, Law 
No. 8466 dated 24.03.1999 "On antidumping" is re pealed.  The new legal framework on trade 
remedies with Law no. 9790, dated 19.07.2007 "On Safeguard Measures in Imports"  and 
Law no. 9796, dated 23.07.2007 "On An tidumping and Countervailing Measures" , is in the 
process of translation in the EU official language, for purpose of notification to the WTO Committees.  
In these conditions, these laws are expected  to be notified to the WTO Committees by 
November 2007.     Regarding the national competent authority,  and in  reference to the Law no. 9790, 
dated 19 July 2007 "On Safeguard Measures in Impor ts", the investigation and decision-making 
procedures will be performed by these structures:    
                                                     
 
1 G/ADP/Q1/ALB/2 – G/SCM/Q1/ALB/2.   
2 G/ADP/N/1/ALB/1/Suppl.1.   G/ADP/Q1/ALB/3 
G/SCM/Q1/ALB/3 Page 2 
 
 
  a. The structure for Antidumping in the Ministry responsible for Trade.  The Ministry will carry 
out the technical-administrative duties as provisi oned in the law:  legislative framework 
enforcement, investigation procedure accomp lishment, public register keeping etc.   
 
b. The Commission for Evaluation of Measures in Imports  is the decision-making National 
Authority for Antidumping, Countervailing an d Safeguards measures in imports.  This 
Commission will function as collegial and deci sion-making organ with regard to trade 
remedies measures.  The Commission for Evaluation of Measures in Imports will be 
established under Ministry of Economy, Trade and Energy and is composed by seven 
members, who are high level representatives of  line institutions, mainly of economic and 
lawyers' background.  The Minister of the Mini stry responsible for Trade will be the chairman 
of the Commission, which composition is as follows:   
  Ministry of Economy, Trade and Energy – the chairman and 1 member  
 Ministry of Finance - 1 member 
 Ministry of Agriculture, Food and Consumer Protection - 1 member  Ministry of Foreign Affairs - 1 member  Chamber of Commerce - 1 member  Customs General Directorate - 1 member  
 The Commission for Evaluation of Measures in Imports will be established by  a Council 
of Ministers Decision .  The project-decision for the establishment, organization and functioning of 
the Commission for Evaluation of Measures in Imports is running for approval by the Council of 
Ministers, at time.    Question 2 
 
 Paragraph 2 of its notification:  Could Albania please clarify the meaning of the "legal 
framework in force in Law No. 8966 dated 24 March  1999 "on anti-dumping", as an instrument 
to protect domestic industry against unfair prac tices, up to now has not been enforced…"?  
Does this mean that the law No. 8966 dated 24 March 1999 on anti-dumping was set into force 
but no implementation has taken place so far?    
Reply
 
  As we have stated in the previous reports, since its approval, the Law No. 8466 
dated 24 March 1999 "On antidumping" has been neve r put into implementation, because of (i) its 
inconsistency with WTO article VI GATT 1994 "O n Antidumping" (membership of Albania in WTO 
is made in 2000) (ii) and EU regulation Nr. 384/96  and (iii) due to some existing gaps between 
provisions of the law and organisation of the struct ures responsible for its implementation and the lack 
of information from complainant parties to initiate an investigation procedures.   
 
 
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