WORLD TRADE  
ORGANIZATION  WT/REG193/1 
18 February 2005 
 
 (05-0690) 
Committee on Regional Trade Agreements Original:   English 
  
 
FREE TRADE AGREEMENT BETWEEN ROMANIA AND  
THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA 
 
  
 The following communication, dated 4 February 20 05, is being circulated at the request of the 
Delegations of Romania and the Form er Yugoslav Republic of Macedonia. 
 
_______________ 
 
 
FREE TRADE AGREEMENT BETWEEN ROMANIA AND THE REPUBLIC OF MACEDONIA
* 
 
PREAMBLE  
  Romania and The Republic Of Macedonia  (hereinafter called “the Parties”), 
 
 Reaffirming their commitment to the principles of  market economy, which constitutes the 
basis for their relations,   Reaffirming their commitment to pluralistic democracy based on the rule of law, human rights 
and fundamental freedom, 
 
 Expressing their intention to participate actively in  the process of economic integration in 
Europe as an important dimension of the stability on the European continent and reaffirming their 
readiness to co-operate in finding the means and ways for strengthening of this process, 
  Recalling their firm commitment to the Final Ac t of the Conference on Security and 
Cooperation in Europe, the Paris Charter, and in particular the principles contained in the final 
document on the Bonn Conference on Economic Co-operation in Europe,   Resolved to this end to eliminate progressively the obstacles to substantially all their mutual 
trade in accordance with the provisions of the Gene ral Agreement on Tariffs and Trade (GATT, 1994) 
and the Agreement, establishing the World Trade Organization (WTO), 
  Firmly convinced that this Agreement will foster the development of mutually beneficial trade 
relations between them and will contribute to the process of integration in Europe, 
 
 Considering that no provision of this Agreement may be interpreted as exempting the Parties 
from their obligations under international agreem ents, especially the General Agreement on Tariffs 
and Trade of 1994 and the Agreement, establishing the World Trade Organization,   
                                                     
 
* The associated Annexes have been submitted to  the Secretariat for consultation by interested 
Members (office 1174). WT/REG193/1 
Page 2  
 
  Have agreed  as follows: 
 
Article 1 
 
Objectives
 
 
1. The Parties shall gradually establish a free trade ar ea on a substantially all their bilateral trade 
in a transitional period ending on December 31, 2006, in accordance with the provisions of this 
Agreement and in conformity with those of the GATT 1994, in particular Article XXIV, the 
Agreement establishing the WTO a nd the Understanding on the Interpre tation of Article XXIV of the 
GATT 1994. 
2. The objectives of this Agreement are: 
(a) to promote through the expansion of trade, the harmonious development of economic 
relations between the Parties and thus to fo ster the advance of their economic activity, 
(b) to provide fair conditions of competition in trade between the  Parties, 
(c) to contribute in this way, by the removal of barriers to trade, to the harmonious 
development and expansion of world trade, 
(d) to enhance co-operation between the Parties. 
 
CHAPTER I: INDUSTRIAL PRODUCTS 
 
Article 2 
 
Scope  
 1. The provisions of this Chapter shall apply to indus trial products, originating in the   Parties.  
2. For the purpose of this Agreement, the term  “industrial products” means products, falling 
within Chapters 25 to 97 of Harmonized Commo dity Description and Coding System, with the 
exception of the products, listed in the Annex I to this Agreement. 
Article 3 
 
Basic Duties
 
 
1. For each product the basic duty, to which the succe ssive reductions, set out in this Agreement, 
are to be applied, shall be the most-favoured -nation duty, in force on 1st of January, 2003. 
2. If after this date, any tari ff reduction is applied on an erga omnes  basis, in particular, 
reductions, resulting from the GATT 1994 and the Agreement establishing the WTO, such reduced 
duties shall replace the basic duties under the Paragra ph 1, as from the date when such reductions are 
applied. 
 If a reduction of duties is effected by way of a suspension of duties made for a particular 
period of time, such reduced duties shall replac e the basic duties only for the period of such 
suspension.    WT/REG193/1 
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 3. The reduced duties, calculated in  accordance with the Paragraph 2, shall be applied rounded 
to the first decimal place. 
4. The Parties shall exchange informati on on their respective customs duties. 
Article 4 
 
Customs Duties On Imports  
 1. No new customs duties on imports shall be intr oduced, in trade between the Parties, as from 
the date of entry into force of this Agreement. 
2. All customs duties on imports of products orig inating in the Parties shall be abolished in 
accordance with the provisions laid down in  the Protocol 1 of this Agreement. 
Article 5 
 
Charges Equivalent To Import Duties
 
 
1. No new charges, having an effect equivalent to customs duties on imports, shall be introduced 
in trade between the Parties as from the date of entry into force of this Agreement. 
2. All charges having an effect equivalent to cu stoms duties on imports of products originating 
in the Parties shall be abolished on the date of entry into force of this  Agreement, except for: 
(i) the customs charge of 0.5% ad valorem  for customs  formalities applied by  Romania 
which will be abolished in accordan ce with the following timetable: 
− to 0.25% on the date of 31.12.2004 
 
− to 0% on the date of 31.12.2006 
 
(ii) the charge of 0,1% ad valorem  for the trade promotion fees applied by Republic of 
Macedonia ending to 31.12.2005. 
Article 6 
 
Fiscal Duties  
  The provisions of Article 4 of this Agreement shall also apply 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 Parties, as from the date of entry into force of this Agreement. 
2. On the date of entry into force of this Agreem ent the Parties shall abolish, between them, all 
customs duties on exports and charges having equivalent effect. WT/REG193/1 
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 Article 8 
 
Quantitative Restrictions On Exports And Measures Having Equivalent Effects
 
 1. No new quantitative restrictions on exports or measures having equivalent effect shall be 
introduced in trade between the Pa rties as from the date of entry into force of this Agreement. 
2. All quantitative restrictions on exports and me asures having equivalent effect shall be 
abolished on the date of entry into force of this Agreement. 
Article 9 
 
Quantitative Restrictions On Imports And Measures Having Equivalent Effects
 
 1. No new quantitative restrictions on imports or measures having equivalent effect shall be 
introduced in trade between the Pa rties as from the date of entry into force of this Agreement. 
2. All quantitative restrictions and measures havi ng equivalent effect on imports of products 
originating in the Parties shall be  abolished on the date of entry into force of this Agreement. 
Article 10 
 
Technical Barriers To Trade
 
 1. The rights and obligations of the Parties, relating to technical barriers, shall be governed 
taking into account the WTO Agreement on Technical Barriers to Trade. 
2. The Parties shall cooperate a nd exchange information in the field of standardization, 
metrology, conformity assessment and accreditation, with the aim of reducing technical barriers to trade. 
 
CHAPTER II: AGRICULTURAL PRODUCTS 
 
Article 11 
 
Scope
 
 
 The provisions of this Chapter shall apply to agricultural products (hereinafter called 
“agricultural products”), falling within Chapters 1 to 24 of the Harmonized Commodity Description 
and Coding System, and to the products listed in th e Annex I to this Agreement originating in the 
Parties.  
Article 12 
 
Exchange Of Concessions
 
 1. The Parties shall grant each other the concessions specified in the Protocol 2, in accordance 
with the provisions of this Chapter and those laid down in that Protocol. 
2. Taking into account: 
− the role of agriculture in their economies,  WT/REG193/1 
 Page 5 
 
 
 − the development of trade in agricultu ral products between the  Parties,  
 
− the particular sensitivity of the agricultural products, 
 
− the rules of their agricultural policies, 
 
− the results of the multilateral trade negotiations under WTO, 
 
the Parties shall examine the possibilities of granting each other further concessions. 
 
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 the respective agricultural policies of the Parties or the 
application of any measures under such policies, including the implementation of the provision of the WTO Agreement on Agriculture. 
2. The Parties shall notify each other the changes in their respective agricultural policies pursued 
or measures applied which may affect the conditions  of agricultural trade among them, as provided 
for in this Agreement. Upon request of a Party prom pt consultations within the Joint Committee shall 
be held to examine the situation. 
Article 14 
 
Specific Safeguards
 
  Notwithstanding other provisions of this Agr eement and, in particul ar, Article 27 and given 
the particular sensitivity of the Agricultural products , if imports of products, originating in a Party, 
which are subject to concessions granted under this  Agreement, cause serious disturbance to the 
markets of the other Party, the Parties shall immediat ely enter into consultations to find an appropriate 
solution. Pending such solution, the Party con cerned may take the measures it deems necessary. 
 
Article 15 
 
Sanitary And Phytosanitary Measures
 
 
 The Parties shall apply their regulations in the fields of veterinary, sanitary and phytosanitary 
control in a way, corresponding to the WTO Agre ement on Sanitary and Phytosanitary Measures. 
  
CHAPTER III: GENERAL PROVISIONS 
 
Article 16 
 
Rules Of Origin And Co-Operation In Customs Administration
 
 
1. Protocol 3 of this Agreement lays down th e rules of origin and related methods of 
administrative co-operation. WT/REG193/1 
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 2. The Parties shall take appropriate measures, in cluding regular reviews in the Joint Committee 
and arrangements for administrative co-operation, to ensure that the provisions of the Protocol 3 and 
the Articles 3 to 9, 12, 17 and 28 of this Agreement are effectively and harmoniously applied, and to 
reduce, as far as possible, the formalities imposed  on trade, as well as, to achieve mutually 
satisfactory solutions to any difficulties arising from the operation of those provisions. 
Article 17 
 
Internal Taxation
 
 1.  The Parties shall refrain from any measur es or practices of internal fiscal nature 
establishing, whether directly or indirectly, discrimin ation against products originating in the Parties. 
2.  Exporters from the Parties may not benef it from repayment of internal taxation in 
excess of the amount of indirect taxation imposed on products exported to the territory of one of the 
Parties. 
 
Article 18 
 
General Exceptions
 
  This Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in 
transit, justified on grounds of:  public morality, public policy or public security; the protection of 
health and life of humans, animals or plants a nd environment; the protection of national treasures 
possessing artistic, historic or archeological value; the protection of intellectual property or rules, 
relating to gold or silver or the conservation of exhaustible natural resources, if such measures are 
made effective in conjunction with restricti ons on domestic production or consumption. Such 
prohibitions or restrictions shall not, however, c onstitute a means of arbitrary discrimination or a 
disguised restriction on trade between the Parties. 
 
Article 19 
 
Security Exceptions
 
 
 Nothing in this Agreement shall prevent a Pa rty from taking any measures, which it considers 
necessary:  
(a) to prevent the disclosure of information c ontrary to its essential security interests; 
(b) for the protection of its 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 c onditions of competition in respect of 
products not intended for specifically military 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 biological and chemical weapons, nuclear 
weapons or other nuclear explosive devices; or 
(iii) taken in time of war or other serious international tension.  WT/REG193/1 
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 Article 20 
 
State Monopolies  
 1. The Parties shall adjust progressively any state monopoly of a commercial character so as to 
ensure that by the end of the transitional period laid down in the Article 1 of this Agreement, no 
discrimination regarding the conditions under which goods are procured and marketed exists between 
nationals of the Parties. The Parties shall inform  each other about the measures adopted to implement 
this objective. 
2. The provisions of this Article shall apply to any body through which competent authorities of 
the Parties, in law or in fact, either directly or i ndirectly supervise, determin e or appreciable influence 
imports or exports between the Parties. These provi sions shall likewise apply to monopolies delegated 
by the State to other bodies. 
Article 21 
 
Payments
 
 1. Payments in freely convertible currencies relati ng to trade in goods between the Parties and 
the transfer of such payments to the territory of the Party, where the creditor resides, shall be free 
from any restrictions. 
2. The Parties shall refrain from any exchange or administrative restrictions on the grant, 
repayment or acceptance of short-term internationa l trade credits or financial credits in which a 
resident of a Party participates. 
3. Notwithstanding the provisions of the Paragrap h 2, any measures concerning current     
payments connected with the movement of goods sha ll be in conformity with the conditions laid down 
under Article VIII of the Articles of the Agre ement of the International Monetary Fund. 
Article 22 
 
Rules Of Competition Concerning Undertakings
 
 1. The following are incompatible with the proper functioning of this Agreement in so far as 
they may affect trade between the Parties: 
(a) all agreements between undertakings, decisi ons 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 a dominant position in the territories of the 
Parties as a whole or in a substantial part thereof. 
2. The provisions of the Paragraph 1 (a) and (b) sh all apply to the activities of all undertakings 
including public undertakings and undertakings to whic h the Parties grant special or exclusive rights. 
Undertakings entrusted with the operation of ser vices of general economic interest or having the 
character of a revenue-producing monopoly, shall be subject to provisions of the Paragraph 1 (a) and 
(b) in so far as the application of these provisions  does not obstruct the performances, in law or in 
fact, of the particular public tasks assigned to them. WT/REG193/1 
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 3. With regards to products referred to in the Chapter II the provisions stipulated in the 
Paragraph 1 (a) shall not apply to  such agreements, decisions and practices which form an integral 
part of a national market organization. 
4. If a Party considers that a given practice is inco mpatible with the Paragraphs 1 (a) and (b) and 
the Paragraph 2 of this Article and if such practice causes or threatens to cause serious prejudice to the 
interest of that Party or material injury to its  domestic industry, the Party concerned may take 
appropriate measures under the conditions and in acco rdance with the procedure, laid down in the 
Article 31 of this Agreement. 
Article 23 
 
State Aid
 
 1. Any aid granted by a Party or through state res ources in any form whatsoever which distorts 
or threatens to distort competition by favouring certain undertakings or the production of certain 
goods shall, in so far as it may affect trade betwee n the Parties, be incompatible with the proper 
functioning of this Agreement. 
2. The provisions of the Paragraph 1 shall not appl y to products covered by Chapter II of this 
Agreement. 
3. The Parties shall ensure transparen cy in the area of state aid, inter alia , by reporting annually 
to the Joint Committee on the total amount and the di stribution of the aid given and by providing to 
the other Party, upon request, information on aid schemes and particular individual cases of state aid. 
4. The Joint Committee, shall, with in three years from the entry in to force of this Agreement, 
adopt the criteria on the basis of which the pr actices derogating from the Paragraph 1 shall be 
assessed, as well as the rules for their implementation. 
5. If a Party considers that a particular pr actice, including that in agriculture: 
− is incompatible with the terms of the Paragraph 1, and 
 
− causes or threatens to cause serious prejudice to  the interest of that Party or material 
injury to its domestic industry or agriculture, 
 it may take appropriate measures under the conditions  of and in accordance with the provisions laid 
down in the Article 31 of this Agreement.  
 Such appropriate measures may only be taken in conformity with the procedures and under 
the conditions laid down by the Agreement on Subsidies and Countervailing Measures, the GATT 
1994 and WTO and any other relevant instrume nt negotiated under their auspices, which are 
applicable between the Parties.  
Article 24 
 
Public Procurement
 
 1. The Parties consider the liberalization of th eir respective public procurement markets as an 
objective of this Agreement.  WT/REG193/1 
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 2. The Parties shall progressively adjust their resp ective rules, conditions and practices in the 
field of public procurement with a view to grant suppliers of the other Party upon request access to 
contract award procedures on their respective public procurement markets. 
3. The Joint Committee shall examine developmen ts related to the achievements of the 
objectives of this Article and may recommend practi cal modalities of implementing the provisions of 
the Paragraph 2 so as to ensure free access, tran sparency, full balance of rights and obligations and 
mutual opening of their respective public procurement markets. 
Article 25 
 
Protection Of Intellectual Property  
 
1. The Parties shall grant and ensure the prot ection of intellectual property rights on a non-
discriminatory basis, including measures for granti ng and enforcing such rights. The protection shall 
be improved to a level corresponding to the substa ntive standards of the multilateral agreements, 
which are specified in the Annex II to this Agreement. 
2. For the purpose of this Agreement the term “i ntellectual property protection” includes, in 
particular, protection of copyright and related ri ghts including computer programs and data bases, 
trade marks for goods and services, geographical indi cations, patents, industria l designs, new varieties 
of plants, topographies of integrated circuits , as well as undisclosed information on know-how. 
3. The Parties shall co-operate in matters of inte llectual property. They shall hold, upon request 
of any Party, expert consultations on these matters , in particular, on activities relating to the existing 
or future international conventi ons on harmonization, administration and enforcement of intellectual 
property and on activities in international organizatio ns, such as the World Trade Organisation and the 
World Intellectual Property Organisation, as well as re lations of the Parties with any third country on 
matters concerning intellectual property. 
Article 26 
 
Dumping  
  If a Party finds that dumping within the meaning of Article VI of the GATT 1994 is taking place in trade relations governed by this Agreemen t, it may take appropriate measures against that 
practice in accordance with Article VI of  the GATT 1994 and with the WTO Agreement on 
Implementation of Article VI of the GATT 1994 unde r the conditions and in accordance with the 
procedure laid down in the Artic le 31 of this Agreement.  
 
Article 27 
 
General Safeguards
 
  Where any product is being imported into any of the Parties in such increased quantities and under such conditions as to cau se or threaten to cause: 
 
(a) serious injuries to domestic producers of a lik e or directly competitive products in the 
territory of the importing Party, or 
(b) serious disturbances in any sector of the economy or difficulties which could bring 
about serious deterioration in th e economic situation of a region, WT/REG193/1 
Page 10  
 
 the Party concerned may take appropriate measur es under the conditions and in accordance with the 
procedure, laid down in the Ar ticle 31 of this Agreement. 
 
Article 28 
 
Structural Adjustment
 
 1. Exceptional measures of limited duration, deroga ting from the provisions of the Article 4 of 
this Agreement, may be taken by any of the Pa rties in the form of increased customs duties. 
2. These measures may only concern infant i ndustries, or certain sectors undergoing 
restructuring or facing serious difficulties, particularly where these difficulties produce important 
social problems. 
3. Customs duties on imports, applicable in the Pa rty 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 th e other Party. The total value of imports of the 
product, which are subject to these measures, may not exceed 15% of total imports of industrial 
products from the other Party, as defined in the Chap ter I, during the last year for which statistical 
data is available. 
4. These measures shall be applied for a period not exceeding five years, unless a longer 
duration is authorized by the Joint Committee. Th ey shall cease to apply at the expiration of the 
transitional period. 
5. No such measures can be introduced in respect to a product, if more than three years have 
elapsed since the elimination of all duties and quan titative restrictions, charges or measures, having 
equivalent effect concerning that product. 
6. The Party concerned shall inform the other Pa rty of any exceptional measures it intends to 
take and, at the request of the other Party, cons ultations shall be held within the Joint Committee on 
such measures and the sectors to which they appl y, before they are applied. When taking such 
measures, the Party concerned shall provide the Jo int Committee with a sche dule 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 introduction, at equal annual rates. The Joint 
Committee may decide upon a different schedule. 
Article 29 
 
Re-Export And Serious Shortage
 
  Where compliance with the provisions of the Articles 7 and 8 leads to:  
(a) re-export towards a third country against wh ich the exporting Party maintain for the 
product concerned quantitative export restri ctions, export duties or measures or 
charges having equivalent effect; or 
(b) a serious shortage, or threat thereof, of a product essential to the exporting Party; 
and where the situations referred to above give rise or are likely to give rise, to major difficulties for 
the exporting Party, that Party may take appropr iate measures under the c onditions and in accordance 
with the procedures, laid down in the Article 31 of this Agreement. 
  WT/REG193/1 
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 Article 30 
 
Fulfillment Of Obligations  
 1. The 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 Party considers that the other Party has failed to fulfil 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  the Article 31 of this Agreement. 
Article 31 
 
Procedure For The Application Of Trade Defence Measures
 
 1. Before initiating the procedure for the applicati on of trade defence measures, set out in the 
following the paragraphs of the present Article, the Parties shall endeavor to solve any differences 
between them through direct consultations. 
2. If a Party is subject to imports of products, liable to give rise to the situation, referred to in the 
Article 27, of an administrative procedure having as its purpose 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 Party which considers resorting to 
trade defence measures shall promptly notify th e other Party thereof and supply all relevant 
information. Consultations between the Parties sh all take place without delay in the Joint Committee 
with a view to finding a mutually acceptable solution. 
4. (a) As regard Articles 26, 27 and 29 of this Agreement, the Joint Committee shall 
examine the case or the situation and may take any decision needed to put an end to the difficulties notified by the Party concerne d. In the absence of such decision within 
thirty days of the matter being referred to the Joint Committee, the Party concerned 
may adopt the measures in order to remedy the situation, 
(b) As regard Article 30 of this Agreement, the Party concerned may take appropriate 
measures after the consultations have been concluded or a period of three months has 
elapsed from the date of the first notification to the other Party, 
(c) As regards Article 22 and 23 of this Agreem ent, the Party 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 Party fails to put an end to 
the practice objected to within the period fi xed by the Joint Committee, or if the Joint 
Committee fails to reach an agreement with in thirty working days on the matter, 
being referred to it, the Party concerned ma y adopt appropriate measures to deal with 
the difficulties, resulting from the practice in question. 
5. The measures taken shall be notified immediately to the other Party. They shall be restricted 
with regards 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 question. Priority sha ll be given to measures that will least disturb the functioning of this 
Agreement.  WT/REG193/1 
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 6. The measures taken shall be subject to periodi cal consultations within the Joint Committee 
with a view to their relaxation or abolition when conditions no longer justify their maintenance. 
7. Where exceptional circumstances, requiring immediate action, make prior examination 
impossible, the Party concerned may, in the cases of the Articles 26, 27 and 29 of this Agreement, 
apply forthwith the provisi onal measures, strictly necessary to re medy the situation. The measures 
shall be notified without delay a nd consultations between the Parti es shall take place as soon as 
possible in the Joint Committee. 
Article 32 
 
Balance Of Payments Difficulties
 
 
1. The Parties shall endeavour to avoid the im position of restrictive measures including 
measures relating to imports for balance of payments purposes. 
2. Where one of the Parties is in serious bala nce of payments difficulties or under imminent 
threat thereof, the Party concerned may, in accordance with the conditions, established under the 
GATT 1994 and WTO, adopt restrictive measures, in cluding 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 rela xed as balance of payments conditions improve and 
they shall be eliminated when conditions no longe r justify their maintenance. The Party concerned 
shall inform the other Party forthwith of their in troduction and, whenever practicable, of a time 
schedule for their removal. 
Article 33 
 
Services And Investment
 
  1. The Parties recognize the growing importance of certain areas su ch as services and 
investments. In their efforts to gradually develop an d broaden their co-operation, in particular in the 
context of the European integration, they will  examine the possibility of  achieving a progressive 
liberalization and mutual opening of their markets for investments and trade in services, taking into 
account relevant provisions of the General Agreement on Trade in Services. 
2. The Parties will discuss in the Joint Committee the possibilities to  extend their trade relations 
to the fields of foreign direct investment and trade in services.  
Article 34 
 
Evolutionary Clause
 
  Where a Party considers that it would be useful in the interest of the economies of the Parties 
to develop and deepen the relations  established by this Agreement by extending them to fields not 
covered thereby, it shall submit a reasoned request to  the other Party. The Parties may instruct the 
Joint Committee to examine this  request and, where appropriate, to make recommendations, 
particularly with a view to opening negotiations.    WT/REG193/1 
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 CHAPTER IV: INSTITUTIONAL AND FINAL PROVISIONS 
 
Article 35 
 
The Joint Committee  
 
1. A Joint Committee is hereby established in  which each Party shall be represented. 
2. The implementation of this Agreement shall be  supervised and administrated by the Joint 
Committee. 
3. For the purpose of the proper implementation of this Agreement, the Parties shall exchange 
information and, upon request of any Party, 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 Parties. 
4. The Joint Committee may take decisions in th e cases provided for in this Agreement. On 
other matters the Committee may take recommendations. 
Article 36 
 
Procedures Of The Joint Committee  
 1. For the proper implementation of this Agreemen t, the Joint Committee shall meet whenever 
necessary. Each Party may request a meeting to be held. 
2. The Joint Committee shal l act by consensus. 
3. If a representative in the Joint Committee of a Party to this Agreement has accepted a 
decision, subject to the fulfilment of internal legal requirements, the decision shall enter into force, if 
no later date is contained therein, on the day of  the receipt of the written notification about the 
fulfilment of such requirements. 
4. The Joint Committee may decide to set up such sub-committees and working groups to assist 
it in accomplishing its tasks. 
Article 37 
 
Customs Union, Free Trade Areas And Frontier Trade
 
 
1. This Agreement shall not prevent the mainte nance or establishment of customs unions, free 
trade areas or frontier trade arrangements to the ex tent that these do not negatively affect the trade 
regime of the Parties and in particular the provisi ons concerning rules of origin provided for in this 
Agreement. 
2. Upon request the Parties shall inform each ot her of any agreement, establishing customs 
union or free trade areas concluded with other countries. 
Article 38 
 
Territorial Application  
  This Agreement shall apply to the customs territories of the Parties. WT/REG193/1 
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 Article 39 
 
Annexes And Protocols
 
 1. Annexes and Protocols to this Agreem ent are an integral part of it.  
2. The Joint Committee may decide to amend the Annexes and Protocols of this Agreement. 
Article 40 
 
Amendments
 
 
 Amendments to this Agreement shall enter into force in accordan ce with the procedure 
stipulated in the Article 41 of this Agreement.  
Article 41 
 
Entry Into Force
 
  This Agreement shall enter into force on the first day of the second month following the date 
of the receipt of the last written notification by  which the Parties inform each other through 
diplomatic channels that the internal legal procedur es for the entry into force of this Agreement have 
been fulfilled. 
 
Article 42 
 
Validity And Termination
 
 
1. The Agreement is concluded for an unlimited period. 
2. Each Party may denounce it through diplomatic ch annels by a written notification to the other 
Party. In such case this Agreement shall cease to appl y on the first day of the seventh month after the 
date on which the other Party received the notification. 
3. The Parties agree, that in case of accession of one of the Parties to this Agreement to the 
European Union, the Agreement will be terminated on  the day before the date of the accession to the 
European Union, without successive compensation for the other Party. 
 
 IN WITNESS WHEREOF the undersigned plenipot entiaries, being duly authorized thereto, 
have, signed the present Agreement.  
 DONE in Skopje at this 7 day of February of 2003 in two original copies, which of them in 
the Romanian, Macedonian and English language, all texts being equally authentic. In case of 
differences of interpretation, the English text shall prevail.   FOR ROMANIA FOR THE REPUBLIC OF MACEDONIA 
 
  WT/REG193/1 
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 STATEMENT 
 
(Referred to Article 9 of the Agreement) 
 
 The Republic of Macedonia will continue to apply the import licenses on a non-
discriminatory basis till December 31, 2003 for indust rial products originating in Romania with the 
tariff headings: 2710 11 and 2710 19, according to the result of the WTO accession negotiations.  
  
__________