WORLD TRADE  
ORGANIZATION  WT/REG180/1 
22 December 2004 
 
 (04-5632) 
Committee on Regional Trade Agreements Original:   English 
 
  
FREE TRADE AGREEMENT BETWEEN ALBANIA AND ROMANIA 
  
 The following communication, dated 9 December 2004, is being circulated at the request of 
the Delegation of Albania.
1 
 
_______________ 
 
 
FREE TRADE AGREEMENT BETWEEN  
THE REPUBLIC OF ALBANIA AND ROMANIA 
 
PREAMBLE  
 
 The Republic  of Albania and Romania  (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 freedoms, 
 
 Expressing  their intention to participate actively in  the process of economic integration in 
Europe as an important dimension of the stability on the European continen t 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 Co-
operation in Europe, the Paris Charter, and in partic ular the principles contained in the final document 
of the Bonn Conference on Econ omic 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 Ge neral 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 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 Agreement establishing the WTO, 
 
 Have Agreed  as follows: 
                                                     
 
1 The Annexes of the Agreement have been submitted to the Secretariat for consultation by interested 
Members (office 1174). WT/REG180/1 
Page 2  
 
 Article 1 
 
Objectives
 
 
1. The Parties shall gradually establish a free trade area on a substantially all their bilateral trade 
in a transitional period ending on 1 January 2007 in accordance with the provisions of this Agreement 
and in conformity with those of the GATT 1994, in  particular Article XXIV  and of the Agreement 
establishing the WTO, especially the Understandi ng on the Interpretation 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 compe tition 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 in dustrial 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 Commodity Description and Coding System, with the exception of the products listed in Annex I to this Agreement.  
  Article 3  
 
Basic Duties
 
 
1. For each product the basic duty to which the su ccessive reductions set out in this Agreement 
are to be applied shall be the Most Favored Nation duty in force on the date of entry into force of this 
Agreement. 
2. If after this date, any tariff  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 Paragraph 1 as from the date when such reductions are 
applied. 
3. 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 replace the basic duties only for the period of such 
suspension.  WT/REG180/1 
 Page 3 
 
 
 4. The Parties declare that the reduced duties, calculated in accordance with Paragraph 1, shall 
be rounded up when the first decimal place is 5, 6, 7, 8, 9, and rounding down, when it is 0, 1, 2, 3    
or 4. 
5. The Parties shall exchange information 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 fo rce of this Agreement. 
2. All customs duties on imports of products originating in the Parties shall be abolished in 
accordance with the provisions laid down in 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 customs duties on imports of products originating 
in the Parties shall be abolished on the date  of entry into force of this Agreement. 
  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 havi ng equivalent effect sh all 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. 
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 meas ures having equivalent effect 
shall be introduced in trade between the Parties as from the date of en try into force of this Agreement. 
2. All quantitative restrictions on exports and im ports and measures having equivalent effect 
shall be abolished on the date of entry into force of this Agreement.  WT/REG180/1 
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 Article 9 
 
Technical Barriers To Trade
 
 
1. The rights and obligations of the Parties, rela ting to technical barriers shall be governed 
taking into account the WTO Agreement on Technical Barriers to Trade. 
2. The Parties shall cooperate and exchange information in the field of standardization, 
metrology, conformity assessment and accreditati on, with the aim of reducing and eliminating 
technical barriers to trade. 
 
CHAPTER II 
 
  AGRICULTURAL PRODUCTS  
 
Article 10 
 
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 Annex I to this Agreement originating in Parties.  
Article 11 
 
Exchange Of Concessions
 
 1. The Parties shall grant each other the concession s specified in the Protocol 2, in accordance 
with the provisions of this Chapter an d those laid down in this Protocol. 
2. Taking into account: 
- the role of agriculture in their economies, 
- the development of trade in agricu ltural products between the Parties, 
- the particular sensitivity of the agricultural products, 
- the rules of their agricultural policies, 
- the results of the multilateral tr ade negotiations under WTO,  
the Parties shall examine the possibilities of granting each other further concessions. 
Article 12 
 
Concessions And Agricultural Policies
 
 
1. Without prejudice to the concessions granted u nder Article 11 the provisions of this Chapter 
shall not restrict in any way the pursuance of the re spective agricultural policies of the Parties or the 
application of any measures under such policies, in cluding the implementation of the provision of the 
WTO Agreement on Agriculture.  WT/REG180/1 
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 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 pr ompt consultations within the Joint Committee shall 
be held to examine the situation. 
  Article 13  
 
Specific Safeguards  
 
 Notwithstanding other provisions of this Agreem ent and, in particular, Article 26, 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 disturbances 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 14  
 
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 15  
 
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. 
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 Protocol 3 and 
Articles 3 to 8, 11, 16 and 27 of this Agreemen t are effectively and harm oniously 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 fro m the operation of those provisions. 
Article 16 
 
Internal Taxation  
 
1. The Parties shall refrain from any measures or pr actices of internal fiscal nature establishing, 
whether directly or indirectly, discrimination against products originating in the Parties. 
2. Exporters from the Parties may not benefit 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. WT/REG180/1 
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 Article 17 
 
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 and 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 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 Parties. 
 
Article 18 
 
Security Exceptions  
 
 Nothing in this Agreement shall prevent a Part y from taking any measures which it considers 
necessary: 
 
(a) to prevent the disclosure of information cont rary to its essential security interests; 
(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 international tension. 
  Article 19  
 
State Monopolies  
 
1. The Parties shall adjust progressively any stat e monopoly of a commercial character so as to 
ensure that by the end of the transitional period  laid down in Article 1 of this Agreement, no 
discrimination regarding the conditions under which goo ds 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 appl y to any body through which the competent 
authorities of the Parties, in law or in fact, eith er directly or indirectly  supervise, determine or 
appreciably influence imports or exports between the Parties. These provisions shall likewise apply to 
monopolies delegated by the State to other bodies.  WT/REG180/1 
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 Article 20 
 
Payments  
 
1. Payments in freely convertible currencies rela ting 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 paragraph 2, any measures concerning current payments 
connected with the movement of goods shall be in  conformity with the conditions laid down under 
Article VIII of the Articles of the Agr eement of the International Monetary Fund. 
  Article 21  
 
Rules Of Competition C oncerning 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, 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 a do minant position in the territories of the 
Parties as a whole or in a substantial part thereof.  
2. The provisions of paragraph 1 (a) and (b) shall apply to the activities of all undertakings 
including public undertakings and undertakings to wh ich the Parties grant special or exclusive rights. 
Undertakings entrusted with the operation of services of general economic interest or having the 
character of a revenue producing monopoly, shall be subject to provisions of paragraph 1 (a) and (b) 
insofar as the application of these provisions does no t obstruct the performance,  in law or in fact, of 
the particular public tasks assigned to them. 
3. With regard to products referred to in Chapte r II the provisions stipulated in paragraph 1 (a) 
shall not apply to such agreements, decisions and prac tices which form an integral part of a national 
market organization.  
4. If a Party considers that a given practice is incompatible with paragraphs 1 (a) and (b) and 
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 acc ordance with the procedure laid down in Article 
30 of this Agreement.  
  Article 22  
 
State Aid  
 
1. Any aid granted by a Party or through state reso urces in any form whatsoever which distorts 
or threatens to distort competition by favoring cert ain undertakings or the pr oduction of certain goods WT/REG180/1 
Page 8  
 
 shall, in so far as it may affect trade between the Parties, be incompatible with the proper functioning 
of this Agreement. 
2. The provisions of paragraph 1 shall not apply to products covered by Chapter II of this 
Agreement. 
3. The Parties shall ensure transparency in the area of state aid, inter alia , by reporting annually 
to the Joint Committee on the total amount and the distribution of the aid given and by providing to the other Party, upon request, information on aid sc hemes and on particular individual cases of state 
aid. 
4. The Joint Committee shall, within three years from the entry into force of this Agreement, 
adopt the criteria on the basis of which the practices  derogating from paragraph 1 shall be assessed, as 
well as the rules for their implementation. 
5. If a Party considers that a particular practice , including that in agriculture: 
- is incompatible with the terms of 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 Article 30 of this Agreement.  
 
 Such appropriate measures may only be take n 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 23  
 
Public Procurement
 
 
1. The Parties consider the liberalization of their respective public procurement markets as an 
objective of this Agreement. 
2. The Parties shall progressively adjust their re spective rules, conditions and practices in the 
field of public procurement with a view to grant su ppliers of the other Party access to contract award 
procedures on their respective public procurement markets. 
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, full ba lance of rights and obligations and mutual opening 
of their respective public  procurement markets. 
Article 24 
 
Protection Of Intellectual Property  
 
1. The Parties shall grant and ensure the protec tion of intellectual property rights on a non-
discriminatory basis, including measures for granting and enforcing such rights. The protection shall  WT/REG180/1 
 Page 9 
 
 
 be improved to a level correspon ding to the substantive standards of the multilateral agreements 
which are specified in 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 pr ograms and data bases, 
trade marks for goods and services, geographical indications, patents, industrial 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 conventions on harmonizatio n, administration and enforcement of intellectual 
property and on activities in international organi zations, such as the World Trade Organization and 
the World Intellectual Property Organization, as well as relations of the Parties with any third country 
on matters concerning intellectual property. 
  Article 25  
 
Anti – Dumping  
 
 If a Party finds that dumping within the mean ing 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 under the conditions and in accordance with the 
procedure laid down in Artic le 30 of this Agreement. 
 
  Article 26  
 
General Safeguards  
  Where any product is being imported into any of the Parties 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 in any sector of the economy or difficulties which could bring 
about serious deterioration in the economic situation of a region,  
the Party concerned may take appropriate meas ures under the conditions and in accordance 
with the procedure, laid down in  Article 30 of this Agreement. 
  Article 27  
 
Structural Adjustment
 
 
1. Exceptional measures of limited duration, deroga ting from the provisions of  Article 4 of this 
Agreement, may be taken by any of the Partie s 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 diffi culties produce important 
social problems. WT/REG180/1 
Page 10  
 
 3. Customs duties on imports, applicable in the 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 which are subject to these measures ma y not exceed 15% of total imports of industrial 
products from the other Party, as defined Chapter 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 Party of any exceptional measures it intends to 
take and, at the request of the other Party, consu ltations 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 provide 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 thei r introduction, at equal annual rates. The Joint 
Committee may decide upon a different schedule.  
  Article 28  
 
Re-Export And Serious Shortage
 
 
 Where compliance with the provisions of Articles 7 and 8 leads to: 
 
(a) re-export towards a third country against which the exporting 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 Party;  
and where the situations referred to above give  rise or are likely to give rise, to major 
difficulties for the exporting Party, that Pa rty may take appropriate measures under the 
conditions and in accordance with the procedures, laid down in Article 30 of this Agreement. 
  Article 29  
 
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 fulfill an obligation under this 
Agreement, the Party co ncerned may take the appropriate m easures under the conditions and in 
accordance with the procedures laid down in Article 30 of this Agreement. 
   WT/REG180/1 
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 Article 30 
 
Procedure For The Application Of Trade Defense Measures  
 
1. Before initiating the procedure for the applicat ion of trade defense measures set out in the 
following paragraphs of the present Article, the Par ties shall endeavor to solve any disputes 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 
Article 26, 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 presen t Article, a Party which considers resorting to 
trade defense measures shall promptly notify the other Party thereof  and supply all relevant 
information. Consultations between the Parties sha ll take place without delay in the Joint Committee 
with a view to finding a mutually acceptable solution. 
4. (a) As regard Articles 25, 26 and 28 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 concerned.  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 necessary in  order to remedy the situation, 
(b) As regard Article 29 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 firs t notification to the other Party, 
(c) As regards Article 21 and 22 of this Agre ement, 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 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 measures taken shall be notified immediately to the other Party. They shall be restricted 
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 question. Priority shall be given to measures that will least disturb the functioning of this 
Agreement. 
6. The measures taken shall be subject to 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 requiring immediate action make prior examination 
impossible, the Party concerned may, in the cases of Articles 25, 26 and 28 of this Agreement, apply 
forthwith the provisional measures strictly necessary to remedy the situation. The measures shall be 
notified without delay and consultations between the Pa rties shall take place as soon as possible in the 
Joint Committee. WT/REG180/1 
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 Article 31 
 
Balance Of Payments Difficulties
 
 
1. The Parties shall endeavor to avoid the impositi on of restrictive measures including measures 
relating to imports for balance of payments purposes. 
2. Where one of the Parties is in serious balance 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, 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 rela xed as balance of payments conditions improve and 
they shall be eliminated when conditions no longer  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 32 
 
Services And Investment
 
 
1. The Parties to this Agreement recognize the grow ing 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 integratio n, they will co-operate with the aim 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 and Services. 
2. The Parties will discuss in the Joint Committee th is co-operation with the aim of developing 
and deepening of their relations  governed in this Article.  
  Article 33  
 
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 Part y. The Parties may instruct the 
Joint Committee to examine this request and, where appropriate, to make recommendations, 
particularly with a view to opening negotiations. 
 
   CHAPTER IV  
 
INSTITUTIONAL AND FINAL PROVISIONS 
 
Article 34 
   
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.  WT/REG180/1 
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 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 make recommendations. 
Article 35 
 
Procedures Of The Joint Committee  
 
1. For the proper implementation of this Agreem ent, the Joint Committee shall meet whenever 
necessary. Each Party may request a meeting to be held. 
2. The Joint Committee shall act by consensus. 
3. If a representative in the Joint Committee of  a Party to this Agreement has accepted a 
decision, subject to the fulfillment 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 
fulfillment of such requirements.  
4. The Joint Committee may decide to set up sub-co mmittees and working groups to assist it in 
accomplishing its tasks. 
  Article 36  
 
Customs Unions, Free Trade Areas And Frontier Trade  
 
1. This Agreement shall not prevent the maintenance 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 Parties and in partic ular the provisions concerning rules of origin provided for in this 
Agreement.  
2. Upon request the Parties shall inform each other of any agreement establishing customs 
unions or free trade areas concluded with other countries. 
Article 37 
 
Territorial Application  
  This Agreement shall apply to the customs territories of the Parties. 
 
Article 38 
 
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. 
   WT/REG180/1 
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 Article 39 
 
Amendments
 
 
 Amendments to this Agreement shall enter into force in accordance with the procedure 
stipulated in Article 40 of this Agreement. 
 
Article 40 
 
Entry Into Force  
  This Agreement shall enter into force on the fi rst day of the second month following the date 
of the receipt of the last written notification by which the Parties info rm each other through 
diplomatic channels that the internal legal procedur es for the entry into force of this Agreement have 
been fulfilled. 
   Article 41  
 
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 apply on the first day of the seventh month after the 
date on which the other Part y received the notification. 
3. The Parties agree that in case of accession of one of them to the European Union, the 
Agreement will be terminated on the day before the date of the accession to the European Union, without successive compensa tions for the other party. 
 
 IN WITNESS WHEREOF the undersigned plenip otentiaries, being duly authorized thereto, 
have signed the present Agreement. 
 
 DONE in ………….at this.............day of..........of….... in two original copies each of them in the Albanian, Romanian and English language, all text s being equally authentic. In case of differences 
of interpretation, the Eng lish text shall prevail.  
  
  For the Republic of Albania     For Romania  
 
 
  WT/REG180/1 
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 JOINT DECLARATION 
(referred to Article 5 of the Agreement) 
 
 Romania will continue to apply a custom charge of 0.5% ad valorem  for customs formalities 
on imports and the Republic of Albania shall apply temporally a tax of 1% on imports in its territory. 
 
 The Parties will examine the abolition on a recipr ocity basis, these char ges having equivalent 
effect to customs duties, within the framework of the Joint Committee. 
 
 
__________