----

----

II Acts whose publication is not obligatory

Council

----

            COUNCIL DECISION         

of 12 June 2006         

concerning the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Albania, of the other part

(2006/580/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300(2), first subparagraph, and Article 300(3), first sentence thereof,

Having regard to the proposal from the Commission,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

1.   The Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Albania, of the other part (hereinafter referred to as the Agreement), the Annexes and Protocols annexed thereto, as well as the Declarations attached to the Final Act are hereby approved on behalf of the Community.

2.   The texts referred to in paragraph 1 are attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered, on behalf of the Community, to sign the Agreement and deposit the instrument of approval provided for in Article 56 of the Agreement.

Done at Luxembourg, 12 June 2006.

For the Council

The President

U. PLASSNIK            

----

            INTERIM AGREEMENT         

on trade and trade-related matters between the European Community, of the one part, and the Republic of Albania, of the other part

THE EUROPEAN COMMUNITY,

hereinafter referred to as ‘the Community’,

of the one part, and

THE REPUBLIC OF ALBANIA,

hereinafter referred to as ‘Albania’,

of the other part,

Whereas:

THE EUROPEAN COMMUNITY

ALBANIA

HAVE AGREED AS FOLLOWS:

TITLE I

GENERAL PRINCIPLES

Article 1 (SAA Article 2)

Respect for the democratic principles and human rights as proclaimed in the Universal Declaration of Human Rights and as defined in the European Convention on Human Rights, in the Helsinki Final Act and the Charter of Paris for a New Europe, respect for international law principles and the rule of law as well as the principles of market economy as reflected in the Document of the CSCE Bonn Conference on Economic Cooperation, shall form the basis of the domestic and external policies of the Parties and constitute essential elements of this Agreement.

Article 2 (SAA Article 7)

This Agreement shall be fully compatible with and implemented in a manner consistent with the relevant WTO provisions, in particular Article XXIV of the GATT 1994.

TITLE II

FREE MOVEMENT OF GOODS

Article 3 (SAA Article 16)

1.   The Community and Albania shall gradually establish a free trade area over a period lasting a maximum of 10 years starting from the date of entry into force of this Agreement in accordance with the provisions of this Agreement and in conformity with those of the GATT 1994 and the WTO. In so doing they shall take into account the specific requirements laid down hereinafter.

2.   The Combined Nomenclature of goods shall be applied to the classification of goods in trade between the two Parties.

3.   For each product the basic duty to which the successive reductions set out in this Agreement are to be applied shall be the duty actually applied erga omnes on the day preceding the signature of this Agreement.

4.   The reduced duties to be applied by Albania calculated as set out in this Agreement shall be rounded to whole numbers using common arithmetical principles. Therefore, all figures which have less than 50 (included) after the decimal point shall be rounded down to the nearest whole number and all figures which have more than 50 after the decimal point shall be rounded up to the nearest whole number.

5.   If, after the signature of this Agreement, any tariff reduction is applied on an erga omnes basis, in particular reductions resulting from the tariff negotiations in the WTO, such reduced duties shall replace the basic duty referred to in paragraph 3 as from the date when such reductions are applied.

6.   The Community and Albania shall communicate to each other their respective basic duties.

CHAPTER I

Industrial products

Article 4 (SAA Article 17)

1.   The provisions of this Chapter shall apply to products originating in the Community or in Albania listed in Chapters 25 to 97 of the Combined Nomenclature, with the exception of the products listed in Annex I, § I, (ii) of the Agreement on agriculture (GATT 1994).

2.   Trade between the Parties in products covered by the Treaty establishing the European Atomic Energy Community shall be conducted in accordance with the provisions of that Treaty.

Article 5 (SAA Article 18)

1.   Customs duties on imports into the Community of products originating in Albania shall be abolished upon the date of entry into force of this Agreement.

2.   Quantitative restrictions on imports into the Community and measures having equivalent effect shall be abolished on the date of entry into force of this Agreement with regard to products originating in Albania.

Article 6 (SAA Article 19)

1.   Customs duties on imports into Albania of goods originating in the Community other than those listed in Annex I shall be abolished upon the date of entry into force of this Agreement.

2.   Customs duties on imports into Albania of goods originating in the Community which are listed in Annex I shall be progressively reduced in accordance with the following timetable:

3.   Quantitative restrictions on imports into Albania of goods originating in the Community and measures having equivalent effect shall be abolished upon the date of entry into force of this Agreement.

Article 7 (SAA Article 20)

The Community and Albania shall abolish upon the date of entry into force of this Agreement in trade between themselves any charges having an effect equivalent to customs duties on imports.

Article 8 (SAA Article 21)

1.   The Community and Albania shall abolish any customs duties on exports and charges having equivalent effect upon the date of entry into force of this Agreement.

2.   The Community and Albania shall abolish between themselves any quantitative restrictions on exports and measures having equivalent effect upon the date of entry into force of this Agreement.

Article 9 (SAA Article 22)

Albania declares its readiness to reduce its customs duties in trade with the Community more rapidly than is provided for in Article 6, if its general economic situation and the situation of the economic sector concerned so permit.

The Stabilisation and Association Council shall analyse the situation in this respect and make the relevant recommendations.

Article 10 (SAA Article 23)

Protocol 1 lays down the arrangements applicable to iron and steel products of Chapters 72 and 73 of the Combined Nomenclature.

CHAPTER II

Agriculture and fisheries

Article 11 (SAA Article 24)

Definition

1.   The provisions of this Chapter shall apply to trade in agricultural and fishery products originating in the Community or in Albania.

2.   The term ‘agricultural and fishery products’ refers to the products listed in Chapters 1 to 24 of the Combined Nomenclature and the products listed in Annex I, § I, (ii) of the Agreement on agriculture (GATT, 1994).

3.   This definition includes fish and fisheries products covered by Chapter 3, Headings 1604 and 1605, and Sub-headings 0511 91, 2301 20 00 and 1902 20 10.

Article 12 (SAA Article 25)

Protocol 2 lays down the trade arrangements for processed agricultural products which are listed therein.

Article 13 (SAA Article 26)

1.   On the date of entry into force of this Agreement, the Community shall abolish all quantitative restrictions and measures having equivalent effect on imports of agricultural and fishery products originating in Albania.

2.   On the date of entry into force of this Agreement, Albania shall abolish all quantitative restrictions and measures having equivalent effect on imports of agricultural and fishery products originating in the Community.

Article 14 (SAA Article 27)

Agricultural products

1.   From the date of entry into force of this Agreement, the Community shall abolish the customs duties and charges having equivalent effect on imports of agricultural products originating in Albania, other than those of Heading Nos 0102, 0201, 0202, 1701, 1702 and 2204 of the Combined Nomenclature.

For the products covered by Chapters 7 and 8 of the Combined Nomenclature, for which the Common Customs Tariff provides for the application of ad valorem customs duties and a specific customs duty, the elimination shall apply only to the ad valorem part of the duty.

2.   From the date of entry into force of this Agreement, the Community shall apply duty-free access on imports into the Community for products originating in Albania of Headings 1701 and 1702 of the Combined Nomenclature, within the limit of an annual tariff quota of 1 000 tonnes.

3.   On the date of entry into force of this Agreement, Albania shall:

4.   Protocol 3 lays down the arrangements applicable to the wine and spirit products referred to therein.

5.   Albania shall benefit from the full amount of the quotas set out in this Agreement during the remainder of the calendar year in which this Agreement enters into force.

Article 15 (SAA Article 28)

Fish and fisheries products

1.   On the date of entry into force of this Agreement the Community shall eliminate all customs duties on fish and fisheries products, other than those listed in Annex III originating in Albania. Products listed in Annex III shall be subject to the provisions laid down therein.

Albania shall benefit from the full amount of the quotas set out in this Agreement during the remainder of the calendar year in which this Agreement enters into force.

2.   From the date of entry into force of this Agreement Albania shall not apply any customs duties or charges having an equivalent effect to a customs duty on fish and fisheries products originating in the Community.

Article 16 (SAA Article 29)

Taking account of the volume of trade in agricultural and fishery products between the Parties, of their particular sensitivities, of the rules of the Community common policies and of the Albanian policies for agriculture and fisheries, of the role of agriculture and fisheries in Albania's economy and of the consequences of the multilateral trade negotiations under the WTO, the Community and Albania shall examine in the Stabilisation and Association Council, no later than six years after the date of entry into force of this Agreement, product by product and on an orderly and appropriate reciprocal basis, the opportunities for granting each other further concessions with a view to implementing greater liberalisation of the trade in agricultural and fishery products.

Article 17 (SAA Article 30)

The provisions of this Chapter shall in no way affect the application, on a unilateral basis, of more favourable measures by one or the other Party.

Article 18 (SAA Article 31)

Notwithstanding other provisions of this Agreement, and in particular Articles 25 and 30, given the particular sensitivity of the agricultural and fisheries markets, if imports of products originating in one of the two Parties, which are the subject of concessions granted pursuant to Articles 12, 14 and 15, cause serious disturbance to the markets or to their domestic regulatory mechanisms in the other Party, both Parties shall enter into consultations immediately to find an appropriate solution. Pending such solution, the Party concerned may take the appropriate measures it deems necessary.

CHAPTER III

Common provisions

Article 19 (SAA Article 32)

The provisions of this Chapter shall apply to trade in all products between the Parties except where otherwise provided herein or in Protocols 1, 2 and 3.

Article 20 (SAA Article 33)

Standstill

1.   From the date of entry into force of this Agreement no new customs duties on imports or exports or charges having equivalent effect shall be introduced, nor shall those already applied be increased, in trade between the Community and Albania.

2.   From the date of entry into force of this Agreement no new quantitative restriction on imports or exports or measure having equivalent effect shall be introduced, nor shall those existing be made more restrictive, in trade between the Community and Albania.

3.   Without prejudice to the concessions granted under Article 13, the provisions of paragraphs 1 and 2 of this Article shall not restrict in any way the pursuit of the respective agricultural policies of Albania and the Community or the taking of any measures under those policies in so far as the import regime in Annexes II and III is not affected.

Article 21 (SAA Article 34)

Prohibition of fiscal discrimination

1.   The Parties shall refrain from, and abolish where existing, any measure or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products of one Party and like products originating in the territory of the other Party.

2.   Products exported to the territory of one of the Parties may not benefit from repayment of internal indirect taxation in excess of the amount of indirect taxation imposed on them.

Article 22 (SAA Article 35)

The provisions concerning the abolition of customs duties on imports shall also apply to customs duties of a fiscal nature.

Article 23 (SAA Article 36)

Customs unions, free trade areas, cross-border arrangements

1.   This Agreement shall not preclude the maintenance or establishment of customs unions, free trade areas or arrangements for frontier trade except in so far as they alter the trade arrangements provided for in this Agreement.

2.   During the transitional periods specified in Article 6, this Agreement shall not affect the implementation of the specific preferential arrangements governing the movement of goods either laid down in frontier Agreements previously concluded between one or more Member States and Albania or resulting from the bilateral Agreements concluded by Albania in order to promote regional trade.

3.   Consultations between the Parties shall take place within the Stabilisation and Association Council concerning the Agreements described in paragraphs 1 and 2 of this Article and, where requested, on other major issues related to their respective trade policies towards third countries. In particular in the event of a third country acceding to the Community, such consultations shall take place so as to ensure that account is taken of the mutual interests of the Community and Albania stated in this Agreement.

Article 24 (SAA Article 37)

Dumping and subsidy

1.   None of the provisions in this Agreement shall prevent either Party from taking trade defence action in accordance with paragraph 2 of this Article and Article 25.

2.   If one of the Parties finds that dumping and/or countervailable subsidisation is taking place in trade with the other Party, the first Party may take appropriate measures against this practice in accordance with the WTO Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 and the WTO Agreement on Subsidies and Countervailing Measures and its own related internal legislation.

Article 25 (SAA Article 38)

General safeguard clause

1.   The provisions of Article XIX GATT 1994 and the WTO Agreement on Safeguard are applicable between the Parties.

2.   Where any product of one Party is being imported into the territory of the other Party in such increased quantities and under such conditions as to cause or threaten to cause:

the importing Party may take appropriate measures under the conditions and in accordance with the procedures laid down in this Article.

3.   Bilateral safeguard measures directed at imports from the other Party shall not exceed what is necessary to remedy the difficulties which have arisen, and should normally consist of the suspension of the further reduction of any applicable rate of duty provided for under this Agreement for the product concerned or the increase of the rate of duty for that product up to a maximum limit corresponding to the Most-Favoured-Nation (MFN) rate applicable to the same product. Such measures shall contain clear elements progressively leading to their elimination at the end of the set period, at the latest, and shall not be taken for a period exceeding one year. In very exceptional circumstances, measures may be taken up to a total maximum period of three years. No bilateral safeguard measure shall be applied to the import of a product that has previously been subject to such a measure for a period of, at least, three years since the expiry of the measure.

4.   In the cases specified in this Article, before taking the measures provided for therein or, in the cases to which paragraph 5(b) applies, as soon as possible, the Community or Albania, as the case may be, shall supply the Stabilisation and Association Council with all relevant information, with a view to seeking a solution acceptable to both Parties.

5.   For the implementation of the above paragraphs the following provisions shall apply:

The safeguard measures shall be notified immediately to the Stabilisation and Association Council and shall be the subject of periodic consultations within that body, particularly with a view to establishing a timetable for their abolition as soon as circumstances permit.

6.   In the event of the Community or Albania subjecting imports of products liable to give rise to the difficulties referred to in this Article to an administrative procedure having as its purpose the rapid provision of information on the trend of trade flows, it shall inform the other Party.

Article 26 (SAA Article 39)

Shortage clause

1.   Where compliance with the provisions of this Title leads to:

2.   In the selection of measures, priority must be given to those which least disturb the functioning of the arrangements in this Agreement. Such measures shall not be applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination where the same conditions prevail, or a disguised restriction on trade and shall be eliminated when the conditions no longer justify their maintenance.

3.   Before taking the measures provided for in paragraph 1 or, as soon as possible in cases to which paragraph 4 applies the Community or Albania, as the case may be, shall supply the Stabilisation and Association Council with all relevant information, with a view to seeking a solution acceptable to the Parties. The Parties within the Stabilisation and Association Council may agree on any means needed to put an end to the difficulties. If no agreement is reached within 30 days of the matter being referred to the Stabilisation and Association Council, the exporting Party may apply measures under this Article on the exportation of the product concerned.

4.   Where exceptional and critical circumstances requiring immediate action make prior information or examination, as the case may be, impossible, the Community or Albania, whichever is concerned, may apply forthwith the precautionary measures necessary to deal with the situation and shall inform the other Party immediately thereof.

5.   Any measures applied pursuant to this Article shall be immediately notified to the Stabilisation and Association Council and shall be the subject of periodic consultations within that body, particularly with a view to establishing a timetable for their elimination as soon as circumstances permit.

Article 27 (SAA Article 40)

State monopolies

Albania shall progressively adjust any State monopolies of a commercial character so as to ensure that, by the end of the fourth year following the date of entry into force of this Agreement, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Member States and Albania. The Stabilisation and Association Council shall be informed about the measures adopted to attain this objective.

Article 28 (SAA Article 41)

Except if otherwise stipulated in this Agreement, Protocol 4 lays down the rules of origin for the application of the provisions of this Agreement.

Article 29 (SAA Article 42)

Restrictions authorised

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; the protection of national treasures of artistic, historic or archaeological value or the protection of intellectual, industrial and commercial property, or rules relating to gold and silver. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Parties.

Article 30 (SAA Article 43)

1.   The Parties agree that administrative cooperation is essential for the implementation and the control of the preferential treatment granted under this Title and underline their commitment to combat irregularities and fraud in customs and related matters.

2.   Where a Party has made a finding, on the basis of objective information, of a failure to provide administrative cooperation and/or of irregularities or fraud under this Title, the Party concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned in accordance with this Article.

3.   For the purpose of this Article a failure to provide administrative cooperation shall mean, inter alia:

For the purpose of this Article a finding of irregularities or fraud may be made, inter alia, where there is a rapid increase, without satisfactory explanation, in imports of goods exceeding the usual level of production and export capacity of the other Party that is linked to objective information concerning irregularities or fraud.

4.   The application of a temporary suspension shall be subject to the following conditions:

5.   At the same time as the notification to the Stabilisation and Association Committee under paragraph 4(a), the Party concerned should publish a notice to importers in its Official Journal. The notice to importers should indicate for the product concerned that there is a finding, on the basis of objective information, of a failure to provide administrative cooperation and/or of irregularities or fraud.

Article 31 (SAA Article 44)

In case of error by the competent authorities in the proper management of the preferential system of export, and in particular in the application of the provisions of the Protocol 4 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, where this error leads to consequences in terms of import duties, the Party facing such consequences may request the Stabilisation and Association Council to examine the possibilities of adopting all appropriate measures with a view to resolving the situation.

Article 32 (SAA Article 45)

The application of this Agreement shall be without prejudice to the application of the provisions of Community law to the Canary Islands.

TITLE III

OTHER TRADE AND TRADE-RELATED PROVISIONS

Article 33 (SAA point 1 of Article 59)

Transit traffic

1.   For the purposes of this Article, the following definitions shall apply:

2.   The Parties agree to grant unrestricted access to Community transit traffic through Albania and to Albanian transit traffic through the Community with effect from the date of entry into force of this Agreement.

3.   If, as a result of the rights granted under paragraph 2, transit traffic by Community hauliers increases to such a degree as to cause or threaten to cause serious harm to road infrastructure and/or traffic fluidity on the axes mentioned in Article 5 of Protocol 5 on land transport to the Stabilisation and Association Agreement, and under the same circumstances problems arise on Community territory close to the Albanian borders, the matter shall be submitted to the Stabilisation and Association Council in accordance with Article 43 of this Agreement. The Parties may propose such exceptional, temporary, non-discriminatory measures as are necessary to limit or mitigate such harm.

4.   The Parties shall refrain from taking any unilateral action that might lead to discrimination between Community and Albanian carriers or vehicles. Each Party shall take all steps necessary to facilitate road transport to or through the territory of the other Party.

5.   The Parties agree to simplify the flow of goods by rail and road, whether bilateral or in transit.

6.   The Parties agree, to the extent necessary, to take joint action on, and to encourage, the adoption of further simplification measures.

7.   Cooperation between the Parties shall be carried out within the framework of the Stabilisation and Association Committee in accordance with Article 43 of this Agreement. It shall, in particular, coordinate the monitoring, forecasting and other statistical work relating to international transport and in particular transit traffic.

Article 34 (SAA Article 60)

The Parties undertake to authorise, in freely convertible currency, in accordance with the provisions of Article VIII of the Articles of the Agreement of the International Monetary Fund, any payments and transfers on the current account of balance of payments between the Community and Albania.

Article 35 (SAA Article 67)

1.   The Parties shall endeavour wherever possible to avoid the imposition of restrictive measures, including measures relating to imports, for balance of payments purposes. A Party adopting such measures shall present as soon as possible to the other Party a timetable for their removal.

2.   Where one or more Member States or Albania is in serious balance of payments difficulties, or under imminent threat thereof, the Community or Albania, as the case may be, may, in accordance with the conditions established under the WTO Agreement, adopt restrictive measures, including measures relating to imports, which shall be of limited duration and may not go beyond what is strictly necessary to remedy the balance of payments situation. The Community or Albania, as the case may be, shall inform the other Party forthwith.

3.   Any restrictive measures shall not apply to transfers related to investment and in particular to the repatriation of amounts invested or reinvested or any kind of revenues stemming therefrom.

Article 36 (SAA Article 69)

The provisions of this Agreement shall not prejudice the application by either Party of any measure necessary to prevent the circumvention of its measures concerning third-country access to its market through the provisions of this Agreement.

Article 37 (SAA Article 71)

Competition and other economic provisions

1.   The following are incompatible with the proper functioning of this Agreement, in so far as they may affect trade between the Community and Albania:

2.   Any practices contrary to this Article shall be assessed on the basis of criteria arising from the application of the competition rules applicable in the Community, in particular from Articles 81, 82, 86 and 87 of the Treaty establishing the European Community and interpretative instruments adopted by the Community institutions.

3.   The Parties shall ensure that an operationally independent public body is entrusted with the powers necessary for the full application of paragraph 1(i) and (ii), regarding private and public undertakings and undertakings to which special rights have been granted.

4.   Albania shall establish an operationally independent authority which is entrusted with the powers necessary for the full application of paragraph 1(iii) within four years from the date of entry into force of this Agreement. This authority shall have, inter alia, the powers to authorise State aid schemes and individual aid grants in conformity with paragraph 2, as well as the powers to order the recovery of State aid that has been unlawfully granted.

5.   Each Party shall ensure transparency in the area of State aid, inter alia, by providing to the other Party a regular annual report, or equivalent, following the methodology and the presentation of the Community survey on State aid. Upon request by one Party, the other Party shall provide information on particular individual cases of public aid.

6.   Albania shall establish a comprehensive inventory of aid schemes instituted before the establishment of the authority referred to in paragraph 4 and shall align such aid schemes with the criteria referred to in paragraph 2 within a period of no more than four years from the date of entry into force of this Agreement.

7.   For the purposes of applying the provisions of paragraph 1(iii), the Parties recognise that during the first 10 years after the date of entry into force of this Agreement, any public aid granted by Albania shall be assessed taking into account the fact that Albania shall be regarded as an area identical to those areas of the Community described in Article 87(3)(a) of the Treaty establishing the European Community.

Within five years from the date of entry into force of this Agreement, Albania shall submit to the Commission of the European Communities its GDP per capita figures harmonised at NUTS II level. The authority referred to in paragraph 4 and the Commission of the European Communities shall then jointly evaluate the eligibility of the regions of Albania as well as the maximum aid intensities in relation thereto in order to draw up the regional aid map on the basis of the relevant Community guidelines.

8.   With regard to products referred to in Chapter II of Title II:

9.   If one of the Parties considers that a particular practice is incompatible with the terms of paragraph 1, it may take appropriate measures after consultation within the Stabilisation and Association Council or after 30 working days following referral for such consultation.

Nothing in this Article shall prejudice or affect in any way the taking, by either Party, of antidumping or countervailing measures in accordance with the relevant Articles of GATT 1994 and the WTO Agreement on Subsidies and Countervailing Measures or related internal legislation.

Article 38 (SAA Article 72)

By the end of the third year following the date of entry into force of this Agreement, Albania shall apply to public undertakings and undertakings to which special and exclusive rights have been granted the principles set out in the Treaty establishing the European Community, with particular reference to Article 86 thereof.

Special rights of public undertakings during the transitional period shall not include the possibility of imposing quantitative restrictions or measures having an equivalent effect on imports from the Community into Albania.

Article 39 (SAA Article 73)

Intellectual, industrial and commercial property

1.   Pursuant to the provisions of this Article and Annex IV, the Parties confirm the importance that they attach to ensuring adequate and effective protection and enforcement of intellectual, industrial and commercial property rights.

2.   Albania shall take all the necessary measures in order to guarantee no later than four years after the date of entry into force of this Agreement a level of protection of intellectual, industrial and commercial property rights similar to that existing in the Community, including effective means of enforcing such rights.

3.   Albania undertakes to accede, within four years after the date of entry into force of this Agreement, to the multilateral Conventions on intellectual, industrial and commercial property rights referred to in paragraph 1 of Annex IV. The Stabilisation and Association Council may decide to oblige Albania to accede to specific multilateral Conventions in this area.

4.   If problems in the area of intellectual, industrial and commercial property affecting trading conditions occur, they shall be referred urgently to the Stabilisation and Association Council, at the request of either Party, with a view to reaching mutually satisfactory solutions.

Article 40 (SAA Article 74)

Public contracts

1.   The Parties consider the opening-up of the award of public contracts on the basis of non‐discrimination and reciprocity, in particular in the WTO context, to be a desirable objective.

2.   Albanian companies, whether established or not in the Community, shall be granted access to contract award procedures in the Community pursuant to Community procurement rules under treatment no less favourable than that accorded to Community companies as from the date of entry into force of this Agreement.

The above provisions shall also apply to contracts in the utilities sector once the government of Albania has adopted the legislation introducing the Community rules in this area. The Community shall examine periodically whether Albania has indeed introduced such legislation.

3.   Community companies not established in Albania shall be granted access to contract award procedures in Albania pursuant to the Albanian Law on Public Procurement under treatment no less favourable than that accorded to Albanian companies at the latest four years after the date of entry into force of this Agreement.

4.   The Stabilisation and Association Council shall periodically examine the possibility of Albania introducing access to contract award procedures in Albania for all Community companies.

Community companies established in Albania shall have upon the date of entry into force of this Agreement access to contract award procedures under treatment no less favourable than that accorded to Albanian companies.

Article 41 (SAA Article 97)

Customs

1.   The Parties shall establish cooperation in this area with a view to guaranteeing compliance with the provisions to be adopted in the area of trade and to achieving the approximation of the customs system of Albania to that of the Community, thereby helping to pave the way for the liberalisation measures planned under the Stabilisation and Association Agreement and for the gradual approximation of the Albanian customs legislation to the acquis.

2.   Cooperation shall take due account of priority areas related to the Community acquis in the field of customs.

3.   Protocol 5 establishes the rules on mutual administrative assistance between the Parties in the customs field.

TITLE IV

INSTITUTIONAL, GENERAL AND FINAL PROVISIONS

Article 42

The Joint Committee set up by the Agreement on Trade and Commercial and Economic Cooperation shall exercise the powers and perform the duties assigned by this Agreement to the Stabilisation and Association Council or to the Stabilisation and Association Committee.

Subject to the provisions of Article 43, the Joint Committee shall act according to the same modalities as practised so far in the context of the Agreement on Trade and Commercial and Economic Cooperation.

Article 43 (SAA Articles 117 and 118)

The Joint Committee shall, for the purpose of attaining the objectives of this Agreement, have the power to take decisions within the scope of this Agreement in the cases provided for therein. The decisions taken shall be binding on the Parties, which shall take the measures necessary to implement the decisions taken.

The Joint Committee may also make appropriate recommendations. It shall draw up its decisions and recommendations by agreement between the Parties.

The Joint Committee shall adopt its own Rules of Procedure. The Joint Committee shall meet at regular intervals, and when circumstances require. The Joint Committee shall be chaired alternately by each of the Parties. Whenever possible the agenda of the Joint Committee shall be agreed beforehand.

Article 44 (SAA Article 119)

Each Party shall refer to the Stabilisation and Association Council any dispute relating to the application or interpretation of this Agreement. The Stabilisation and Association Council may settle the dispute by means of a binding decision.

Article 45 (SAA Article 123)

Within the scope of this Agreement, each Party undertakes to ensure that natural and legal persons of the other Party have access free of discrimination in relation to its own nationals to the competent courts and administrative organs of the Parties to defend their individual rights and their property rights.

Article 46 (SAA Article 124)

Nothing in this Agreement shall prevent a Party from taking any measures:

Article 47 (SAA Article 125)

1.   In the fields covered by this Agreement and without prejudice to any special provisions contained therein:

2.   The provisions of paragraph 1 shall be without prejudice to the right of the Parties to apply the relevant provisions of their fiscal legislation to taxpayers who are not in identical situations as regards their place of residence.

Article 48 (SAA Article 15)

Cooperation with countries candidate for accession to the European Union

1.   Albania may foster its cooperation and conclude a Convention on regional cooperation with any country candidate for accession to the European Union in any of the fields of cooperation covered by this Agreement. Such Convention should aim gradually to align bilateral relations between Albania and that country to the relevant part of the relations between the Community and its Member States and that country.

2.   Albania shall start negotiations with Turkey with a view to concluding, on a mutually advantageous basis, an Agreement establishing a free trade area between the two Parties in accordance with Article XXIV of the GATT.

These negotiations shall be opened as soon as possible, with a view to concluding such Agreement before the end of the transitional period referred to in Article 3(1).

Article 49 (SAA Article 126)

1.   The Parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall see to it that the objectives set out in this Agreement are attained.

2.   If either Party considers that the other Party has failed to fulfil an obligation under this Agreement, it may take appropriate measures. Before so doing, except in cases of special urgency, it shall supply the Stabilisation and Association Council with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties.

3.   In the selection of measures, priority must be given to those which least disturb the functioning of this Agreement. These measures shall be notified immediately to the Stabilisation and Association Council and shall be the subject of consultations within the Stabilisation and Association Council if the other Party so requests.

Article 50 (SAA Article 127)

The Parties agree to consult promptly through appropriate channels at the request of either Party to discuss any matter concerning the interpretation or implementation of this Agreement and other relevant aspects of the relations between the Parties.

The provisions of this Article shall in no way affect and are without prejudice to Articles 18, 24, 25, 26 and 30.

Article 51 (SAA Article 129)

Annexes I to IV and Protocols 1 to 5 shall form an integral part of this Agreement.

The references in the Annexes and Protocols are references to the Articles of the Stabilisation and Association Agreement and should be read as referring to the corresponding Articles of this Agreement as indicated in the titles of the Articles thereof.

Article 52

This Agreement shall be applicable until the entry into force of the Stabilisation and Association Agreement signed in Luxembourg on 12 June 2006.

Either Party may denounce this Agreement by notifying the other Party. This Agreement shall terminate six months after the date of such notification.

Article 53 (SAA Article 132)

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty, and to the territory of Albania on the other.

Article 54 (SAA Article 133)

The Secretary-General of the Council of the European Union shall be the depository of this Agreement.

Article 55 (SAA Article 134)

This Agreement is drawn up in duplicate in each of the official languages of the Parties, each of these texts being equally authentic.

Article 56 (SAA Article 135)

The Parties shall ratify or approve this Agreement in accordance with their own procedures.

The instruments of ratification or approval shall be deposited with the General Secretariat of the Council of the European Union. This Agreement shall enter into force on the first day of the second month following the date of the deposit of the last instrument of ratification or approval.

Upon the entry into force of this Agreement, Articles 3 to 14 of the Agreement on Trade and Commercial and Economic Cooperation shall be suspended.

Hecho en Luxemburgo, el doce de junio del dos mil seis.

V Lucemburku dne dvanáctého června dva tisíce šest.

Udfærdiget i Luxembourg den tolvte juni to tusind og seks.

Geschehen zu Luxemburg am zwölften Juni zweitausendsechs.

Kahe tuhande kuuenda aasta juunikuu kaheteistkümnendal päeval Luxembourgis.

Έγινε στo Λουξεμβούργο, στις δώδεκα Ιουνίου δύο χιλιάδες έξι.

Done at Luxembourg on the twelfth day of June in the year two thousand and six.

Fait à Luxembourg, le douze juin deux mille six.

Fatto a Lussemburgo, addì dodici giugno duemilasei.

Luksemburgā, divtūkstoš sestā gada divpadsmitajā jūnijā.

               Priimta du tūkstančiai šeštų metų birželio dvyliktą dieną Liuksemburge.

Kelt Luxembourgban, a kettőezer hatodik év június tizenkettedik napján.

Magħmul fil-Lussemburgu, fit-tnax jum ta' Ġunju tas-sena elfejn u sitta.

Gedaan te Luxemburg, de twaalfde juni tweeduizend zes.

Sporządzono w Luksemburgu dnia dwunastego czerwca roku dwutysięcznego szóstego.

Feito em Luxemburgo, em doze de Junho de dois mil e seis.

V Luxemburgu dňa dvanásteho júna dvetisícšesť.

V Luxembourgu, dvanajstega junija leta dva tisoč šest.

Tehty Luxemburgissakahdentenatoista päivänä kesäkuuta vuonna kaksituhattakuusi.

Som skedde i Luxemburg den tolfte juni tjugohundrasex.

Bërë në Luksemburg në datë dymbëdhjetë qershor të vitit dymijë e gjashtë.

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

az Európai Közösség részéről

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Za Európske spoločenstvo

za Evropsko skupnost

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Për Komunitetin Evropian

Por la República de Albania

Za Albánskou republiku

På Republikken Albaniens vegne

Für die Republik Albanien

Albaania Vabariigi nimel

Για τη Δημοκρατία της Αλβανίας

For the Republic of Albania

Pour la République d'Albanie

Per la Repubblica di Albania

Albānijas Republikas vārdā -

Albanijos Respublikos vardu

az Albán Köztársaság részéről

Għar-Repubblika ta' l-Albanija

Voor de Republiek Albanië

W imieniu Republiki Albanii

Pela República da Albânia

Za Albánsku republiku

Za Republiko Albanijo

Albanian tasavallan puolesta

För Republiken Albanien

Për Republikën e Shqipërisë

LIST OF ANNEXES

ANNEX I (SAA Annex I)

ALBANIAN TARIFF CONCESSIONS FOR COMMUNITY INDUSTRIAL PRODUCTS

(referred to in Article 19)

Duty rates will be reduced as follows:

ANNEX II(a) (SAA Annex II(a))

ALBANIAN TARIFF CONCESSIONS FOR AGRICULTURAL PRIMARY PRODUCTS ORIGINATING IN THE COMMUNITY

(referred to in Article 27(3)(a))

----

(1)  As defined in the Customs Tariff Law No 8981 of 12 December 2003            ‘For the approval of the customs tariff level’ of the Republic of Albania (Official Gazette No 82 and No 82/1 of 2002) amended by Law No 9159 of 8 December 2003 (Official Gazette No 105 of 2003) and Law No 9330 of 6 December 2004 (Official Gazette No 103 of 2004).

ANNEX II(b) (SAA Annex II(b))

ALBANIAN TARIFF CONCESSIONS FOR AGRICULTURAL PRIMARY PRODUCTS ORIGINATING IN THE COMMUNITY

(referred to in Article 27(3)(b))

Customs duties for the products listed in this Annex will be reduced and eliminated in accordance with the following timetable:

----

(1)  As defined in the Customs Tariff Law No 8981 of 12 December 2003            ‘For the approval of the customs tariff level’ of the Republic of Albania (Official Gazette No 82 and No 82/1 of 2002) amended by Law No 9159 of 8 December 2003 (Official Gazette No 105 of 2003) and Law No 9330 of 6 December 2004 (Official Gazette No 103 of 2004).

ANNEX II(c) (SAA Annex II(c)) c))

ALBANIAN TARIFF CONCESSIONS FOR AGRICULTURAL PRIMARY PRODUCTS ORIGINATING IN THE COMMUNITY

(referred to in Article 27(3)(c))

----

(1)  As defined in the Customs Tariff Law No 8981 of 12 December 2003            ‘For the approval of the customs tariff level’ of the Republic of Albania (Official Gazette No 82 and No 82/1 of 2002) amended by Law No 9159 of 8 December 2003 (Official Gazette No 105 of 2003) and Law No 9330 of 6 December 2004 (Official Gazette No 103 of 2004).

ANNEX III (SAA Annex III)

COMMUNITY CONCESSIONS FOR ALBANIAN FISH AND FISHERY PRODUCTS

Imports into the European Community of the following products originating in Albania will be subject to the concessions set out below:

The duty rate applicable to all products of HS position 1604 except prepared or preserved sardines and anchovies will be reduced as follows:

----

(1)  Over the quota volume, the full MFN rate of duty is applicable.

(2)  From the first of January of the first year following the date of entry into force of the Agreement, the yearly volume of the quota will be increased by 200 tonnes provided that at least 80 % of the previous year's quota has been used by 31 December of that year. This mechanism will apply until such time as the yearly volume of the quota has reached 1 600 tonnes or the Parties agree to apply other arrangements.

ANNEX IV (SAA Annex V)

INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY RIGHTS

(referred to in Article 73)

1.   
Article 73(3) concerns the following multilateral Conventions to which Member States are Parties, or which are de facto applied by Member States:
The Stabilisation and Association Council may decide that Article 73(3) shall apply to other multilateral Conventions.

2.   
The Parties confirm the importance they attach to the obligations arising from the following multilateral Conventions:

3.   

From the date of entry into force of the Agreement, Albania will grant to Community companies and nationals, in respect of the recognition and protection of intellectual, industrial and commercial property, treatment no less favourable than that granted by it to any third country under bilateral Agreements.

LIST OF PROTOCOLS

            PROTOCOL 1

on iron and steel products

(SAA protocol 1)

Article 1

This Protocol shall apply to the products listed in Chapters 72 and 73 of the Combined Nomenclature. It shall also apply to other finished iron and steel products that may originate in future in Albania under the above chapters.

Article 2

Customs duties on imports applicable in the Community on iron and steel products originating in Albania shall be abolished on the date of entry into force of the Agreement.

Article 3

1.   Upon the date of entry into force of the Agreement, customs duties applicable in Albania on imports of iron and steel products originating in the Community that are referred to in Article 19 of the Agreement and listed in Annex I thereto shall be progressively reduced in accordance with the timetable contained therein.

2.   Upon the date of entry into force of the Agreement, customs duties applicable in Albania on imports of all other iron and steel products originating in the Community shall be abolished.

Article 4

1.   Quantitative restrictions on imports into the Community of iron and steel products originating in Albania as well as measures having equivalent effect shall be abolished on the date of entry into force of the Agreement.

2.   Quantitative restrictions on imports into Albania of iron and steel products originating in the Community, as well as measures having equivalent effect, shall be abolished on the date of entry into force of the Agreement.

Article 5

1.   In view of the disciplines stipulated by Article 71 of the Agreement, the Parties recognise the need and urgency for each Party to address promptly any structural weaknesses in its iron and steel sector to ensure the global competitiveness of its industry. Albania shall therefore establish within three years the necessary restructuring and conversion programme for its iron and steel industry to achieve viability of this sector under normal market conditions. Upon request, the Community shall provide Albania with the appropriate technical advice to achieve this objective.

2.   Further to the disciplines stipulated by Article 71 of the Agreement, any practices contrary to this Article shall be assessed on the basis of specific criteria arising from the application of the State aid disciplines of the Community, including secondary legislation, and including any specific rules on State aid control applicable to the iron and steel sector after the expiry of the Treaty establishing the European Coal and Steel Community.

3.   For the purposes of applying the provisions of paragraph 1(iii) of Article 71 of the Agreement with regard to iron and steel products, the Community recognises that during five years after the date of entry into force of the Agreement Albania may exceptionally grant State aid for restructuring purposes provided that:

4.   Each Party shall ensure full transparency with respect to the implementation of the necessary restructuring and conversion programme by a full and continuous exchange of information to the other Party, including details of the restructuring plan as well as the amount, intensity and purpose of any State aid granted on the basis of paragraphs 2 and 3.

5.   The Stabilisation and Association Council shall monitor the implementation of the requirements set out in paragraphs 1 to 4.

6.   If one of the Parties considers that a particular practice of the other Party is incompatible with the terms of this Article, and if that practice causes or threatens to cause prejudice to the interests of the first Party or material injury to its domestic industry, this Party may take appropriate measures after consultation within the contact group referred to in Article 7 or after 30 working days following referral for such consultation.

Article 6

The provisions of Articles 20, 21 and 22 of the Agreement shall apply to trade between the Parties in iron and steel products.

Article 7

The Parties agree that for the purpose of following and reviewing the proper implementation of this Protocol, a Contact Group shall be created in accordance with Article 120(4) of the Agreement.

            PROTOCOL 2

on trade between Albania and the Community in the sector of processed agricultural products

(SAA protocol 2)

Article 1

1.   The Community and Albania apply to processed agricultural products the duties, listed in Annex I and Annex II(a), II(b), II(c) and II(d) respectively in accordance with the conditions mentioned therein, whether limited by tariff quota or not.

2.   The Stabilisation and Association Council shall decide on:

Article 2

The duties applied pursuant to Article 1 may be reduced by decision of the Stabilisation and Association Council:

The reductions provided for under the first indent shall be calculated on the part of the duty designated as the agricultural component which shall correspond to the agricultural products actually used in the manufacture of the processed agricultural products in question and deducted from the duties applied to these basic agricultural products.

Article 3

The Community and Albania shall inform each other of the administrative arrangements adopted for the products covered by this Protocol. These arrangements shall ensure equal treatment for all interested parties and shall be as simple and flexible as possible.

ANNEX I

DUTIES APPLICABLE UPON IMPORTS INTO THE COMMUNITY OF PROCESSED AGRICULTURAL PRODUCTS ORIGINATING IN ALBANIA

Duties are set to zero for imports into the Community of processed agricultural products originating in Albania as listed hereafter.

ANNEX II(a)

DUTIES APPLICABLE UPON IMPORTS INTO ALBANIA OF PROCESSED AGRICULTURAL PRODUCTS ORIGINATING IN THE COMMUNITY

On the date of entry into force of the Agreement, import duties are set at zero for imports into Albania of the goods originating in the Community as listed hereafter.

----

(1)  As defined in the Customs Tariff Law No 8981 of 12 December 2003            ‘For the approval of the customs tariff level’ of the Republic of Albania (Official gazette No 82 and No 82/1 of 2002) amended by Law No 9159 of 8 December 2003 (Official gazette No 105 of 2003) and Law No 9330 of 6 December 2004 (Official gazette No 103 of 2004).

ANNEX II(b)

ALBANIAN TARIFF CONCESSIONS FOR PROCESSED AGRICULTURAL PRODUCTS ORIGINATING IN THE COMMUNITY

Customs duties for the products listed in this Annex will be eliminated on the date of entry into force of the Agreement.

----

(1)  As defined in the Customs Tariff Law No 8981 of 12 December 2003            ‘For the approval of the customs tariff level’ of the Republic of Albania (Official Gazette No 82 and No 82/1 of 2002) amended by Law No 9159 of 8 December 2003 (Official Gazette No 105 of 2003) and Law No 9330 of 6 December 2004 (Official Gazette No 103 of 2004).

ANNEX II(c)

ALBANIAN TARIFF CONCESSIONS FOR PROCESSED AGRICULTURAL PRODUCTS ORIGINATING IN THE COMMUNITY

Customs duties for the goods listed in this Annex will be reduced and eliminated in accordance with the following timetable:

----

(1)  As defined in the Customs Tariff Law No 8981 of 12 December 2003            ‘For the approval of the customs tariff level’ of the Republic of Albania (Official Gazette No 82 and No 82/1 of 2002) amended by Law No 9159 of 8 December 2003 (Official Gazette No 105 of 2003) and Law No 9330 of 6 December 2004 (Official Gazette No 103 of 2004).

(*1)  The duty will be 0 % on the date of entry into force of the Agreement.

ANNEX II(d)

For the processed agricultural products listed in this Annex, the MFN custom duties will continue to apply on the date of entry into force of the Agreement.

----

(1)  As defined in the Customs Tariff Law No 8981 of 12 December 2003            ‘For the approval of the customs tariff level’ of the Republic of Albania (Official Gazette No 82 and No 82/1 of 2002) amended by Law No 9159 of 8 December 2003 (Official Gazette No 105 of 2003) and Law No 9330 of 6 December 2004 (Official Gazette No 103 of 2004).

            PROTOCOL 3

On reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine, spirit drinks and aromatised wine names

(SAA protocol 3)

Article 1

This Protocol includes the following elements:

Article 2

These Agreements apply to wines falling under Heading 22.04, spirit drinks falling under Heading 22.08 and aromatised wines falling under Heading 22.05 of the Harmonised System of the International Convention on the Harmonised Commodity Description and Coding System, done at Brussels on 14 June 1983.

These Agreements shall cover the following products:

ANNEX I

AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE REPUBLIC OF ALBANIA ON RECIPROCAL PREFERENTIAL TRADE CONCESSIONS FOR CERTAIN WINES

1.   

Imports into the Community of the following wines originating in Albania shall be subject to the concessions set out below:

2.   

The Community shall grant a preferential zero-duty within tariff quotas as mentioned under point 1, subject to the condition that no export subsidies shall be paid for exports of these quantities by Albania.

3.   

Imports into Albania of the following wines originating in the Community shall be subject to the concessions set out below:

4.   

Albania shall grant a preferential zero-duty within tariff quotas as mentioned under point 3, subject to the condition that no export subsidies shall be paid for exports of these quantities by the Community.

5.   

The rules of origin applicable under this Agreement shall be as set out in Protocol 4 of the Stabilisation and Association Agreement.

6.   

Imports of wine under the concessions provided in this Agreement shall be subject to the presentation of a certificate and an accompanying document in accordance with Commission Regulation (EC) No 883/2001 of 24 April 2001 laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 as regards trade with third countries in products in the wine sector issued by a mutually recognised official body appearing on the lists drawn up jointly, to the effect that the wine in question complies with Article 2(1) of Protocol 3 to the Stabilisation and Association Agreement.

7.   

The Contracting Parties shall examine no later than in the first quarter of 2008 the opportunities for granting each other further concessions taking into account the development of wine trade between the Contracting Parties.

8.   

The Contracting Parties shall ensure that the benefits granted reciprocally are not called into question by other measures.

9.   

Consultations are to take place at the request of either Contracting Party on any problem relating to the way this Agreement operates.

----

(1)  Consultations at the request of one of the Contracting Parties may be held to adapt the quotas by transfering quantities from the quota applying to position ex 2204 29 to the quota applying to positions ex 2204 10 and ex 2204 21.

ANNEX II

AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE REPUBLIC OF ALBANIA ON THE RECIPROCAL RECOGNITION, PROTECTION AND CONTROL OF WINE, SPIRIT DRINKS AND AROMATISED WINE NAMES

Article 1

Objectives

1.   The Contracting Parties agree, on the basis of non-discrimination and reciprocity, to recognise, protect and control names of wines, spirit drinks and aromatised wines, originating in their territory on the conditions provided for in this Agreement.

2.   The Contracting Parties shall take all general and specific measures necessary to ensure that the obligations laid down by this Agreement are fulfilled and that the objectives set out in this Agreement are attained.

Article 2

Definitions

For the purposes of this Agreement and except where otherwise expressly provided herein:

Article 3

General import and marketing rules

Unless otherwise provided for in this Agreement, importation and marketing of wines, spirit drinks or aromatised wines shall be conducted in compliance with the laws and regulations applying in the territory of the Contracting Party.

TITLE I

RECIPROCAL PROTECTION OF WINE, SPIRIT DRINKS AND AROMATISED WINE NAMES

Article 4

Protected names

The following names shall be protected with regard to those referred to in Articles 5, 6 and 7:

Article 5

Protection of names referring to Member States of the Community and to Albania

1.   In Albania, references to the Member States of the Community, and other names used to indicate a Member State, for the purpose of identifying the origin of the wine, spirit drink and aromatised wine:

2.   In the Community, references to Albania, and other names used to indicate Albania, for the purpose of identifying the origin of the wine, spirit drink and aromatised wine:

Article 6

Protection of geographical indications

1.   In Albania, the geographical indications for the Community which are listed in Appendix 1, Part A:

2.   In the Community, the geographical indications for Albania which are listed in Appendix 1, Part B:

3.   The Contracting Parties shall take all measures necessary, in accordance with this Agreement, for the reciprocal protection of the names referred to in Article 4 which are used for the description and presentation of wines, spirit drinks and aromatised wines originating in the territory of the Contracting Parties. To that end, each Contracting Party shall make use of the appropriate legal means referred to in Article 23 of the WTO TRIPS Agreement to ensure an effective protection and prevent geographical indications from being used to identify wines, spirit drinks and aromatised wines not covered by the indications or the descriptions concerned.

4.   The geographical indications referred to in Article 4 shall be reserved exclusively for the products originating in the Contracting Party to which they apply and may be used only under the conditions laid down in the laws and regulations of that Contracting Party.

5.   The protection provided for in this Agreement shall prohibit in particular any use of protected names for wines, spirit drinks and aromatised wines which do not originate in the geographical area indicated or in the place where the expression is traditionally used, and shall apply even when:

6.   If geographical indications listed in Appendix 1 are homonymous, protection shall be granted to each indication provided that it has been used in good faith. The Contracting Parties shall mutually decide the practical conditions of use under which the homonymous geographical indications will be differentiated from each other, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled.

7.   If a geographical indication listed in Appendix 1 is homonymous with a geographical indication for a third country, Article 23(3) of the TRIPs Agreement applies.

8.   The provisions of this Agreement shall in no way prejudice the right of any person to use, in the course of trade, that person's name or the name of that person's predecessor in business, except where such name is used in such a manner as to mislead consumers.

9.   Nothing in this Agreement shall oblige a Contracting Party to protect a geographical indication of the other Contracting Party listed in Appendix 1 which is not or ceases to be protected in its country of origin or which has fallen into disuse in that country.

10.   On the date of entry into force of this Agreement, the Contracting Parties shall no longer deem that the protected geographical names listed in Appendix 1 are customary in the common language of the Contracting Parties as a common name for wines, spirit drinks and aromatised wines as provided for in Article 24(6) of the TRIPs Agreement.

Article 7

Protection of traditional expressions

1.   In Albania, the traditional expressions for the Community listed in Appendix 2:

2.   Albania shall take the measures necessary, in accordance with this Agreement, for the protection of the traditional expressions referred to in Article 4 and used for the description and presentation of wines originating in the territory of the Community. To that end, Albania shall provide appropriate legal means to ensure an effective protection and prevent traditional expressions from being used to describe wine not entitled to those traditional expressions, even where the traditional expressions used are accompanied by expressions such as ‘kind’, ‘type’, ‘style’, ‘imitation’, ‘method’ or the like.

3.   The protection of a traditional expression shall apply only:

4.   The protection provided for in paragraph 3 is without prejudice to Article 4.

Article 8

Trademarks

1.   The responsible national and regional offices of the Contracting Parties shall refuse the registration of a trademark for a wine, spirit drink or aromatised wine which is identical with, or similar to, or contains or consists of a reference to a geographical indication protected under Article 4 of this Agreement with respect to such wine, spirit drink or aromatised wine not having this origin and not complying with the relevant rules governing its use.

2.   The responsible national and regional offices of the Contracting Parties shall refuse the registration of a trademark for a wine which contains or consists of a traditional expression protected under this Agreement if the wine in question is not one to which the traditional expression is reserved as indicated in Appendix 2.

3.   The Government of Albania, acting within its jurisdiction and in order to achieve the objectives agreed between the Parties shall adopt the necessary measures to amend the trademarks names Amantia (Grappa) and Gjergj Kastrioti Skenderbeu Konjak so as to fully remove, by 31 December 2007, all reference to Community geographical indications protected under Article 4 of this Agreement.

Article 9

Exports

The Contracting Parties shall take all steps necessary to ensure that, where wines, spirit drinks and aromatised wines originating in a Party are exported and marketed outside that Party, the protected geographical indications referred to in Article 4(a) and (b), second indents, and in the case of wines, the traditional expressions of that Party referred to in Article 4(a), third indent, are not used to describe and present such products which originate in the other Contracting Party.

TITLE II

ENFORCEMENT AND MUTUAL ASSISTANCE BETWEEN COMPETENT AUTHORITIES AND MANAGEMENT OF THE AGREEMENT

Article 10

Working Group

1.   A Working Group functioning under the auspices of the Sub-Committee on Agriculture to be created in accordance with Article 121 of the Stabilisation and Association Agreement between Albania and the Community shall be established.

2.   The Working Group shall see to the proper functioning of this Agreement and shall examine all questions which may arise in implementing it.

3.   The Working Group may make recommendations, discuss and put forward suggestions on any matter of mutual interest in the wine, spirit drink and aromatised wine sector which would contribute to the attainment of the objectives of this Agreement. It shall meet at the request of either of the Contracting Parties, alternatively in the Community and in Albania, at a time and a place and in a manner mutually determined by the Contracting Parties.

Article 11

Tasks of the Contracting Parties

1.   The Contracting Parties shall either directly or through the Working Group referred to in Article 10 maintain contact on all matters relating to the implementation and functioning of this Agreement.

2.   Albania designates the Ministry of Agriculture and Food as its representative body. The European Community designates the Directorate-General for Agriculture and Rural Development of the European Commission as its representative body. A Contracting Party shall notify the other Contracting Party if it changes its representative body.

3.   The representative body shall ensure the coordination of the activities of all the bodies responsible for ensuring the enforcement of this Agreement.

4.   The Contracting Parties shall:

Article 12

Application and operation of the Agreement

The Contracting Parties shall designate the contact points set out in Appendix 3 to be responsible for the application and operation of this Agreement.

Article 13

Enforcement and mutual assistance between the Contracting Parties

1.   If the description or presentation of a wine, spirit drink or aromatised wine, in particular on the labelling, in official or commercial documents or in advertising, is in breach of this Agreement, the Contracting Parties shall apply the necessary administrative measures and/or shall initiate legal proceedings with a view to combating unfair competition or preventing the wrongful use of the protected name in any other way.

2.   The measures and proceedings referred to in paragraph 1 shall be taken in particular:

3.   If one of the Contracting Parties has reason to suspect that:

it shall immediately inform the representative body of the other Contracting Party.

4.   The information to be provided in accordance with paragraph 3 shall include details of the non-compliance with the rules governing the wine, spirit drink and aromatised wine sector of the Contracting Party and/or this Agreement and shall be accompanied by official, commercial or other appropriate documents, with details of any administrative measures or legal proceedings that may, if necessary, be taken.

Article 14

Consultations

1.   The Contracting Parties shall enter into consultations if one of them considers that the other has failed to fulfil an obligation under this Agreement.

2.   The Contracting Party which requests the consultations shall provide the other Party with all the information necessary for a detailed examination of the case in question.

3.   In cases where any delay could endanger human health or impair the effectiveness of measures to control fraud, appropriate interim protective measures may be taken, without prior consultation, provided that consultations are held immediately after the taking of these measures.

4.   If, following the consultations provided for in paragraphs 1 and 3, the Contracting Parties have not reached an agreement, the Party which requested the consultations or which took the measures referred to in paragraph 3 may take appropriate measures in accordance with Article 126 of the Stabilisation and Association Agreement so as to permit the proper application of this Agreement.

TITLE III

GENERAL PROVISIONS

Article 15

Transit of small quantities

1.   This Agreement shall not apply to wines, spirit drinks and aromatised wines, which:

2.   The following products referred to as wines, spirit drinks and aromatised wines shall be considered to be small quantities:

The case of exemption referred to in point (a) may not be combined with one or more of the cases of exemption referred to in point (b).

Article 16

Marketing of pre-existing stocks

1.   Wines, spirit drinks or aromatised wines which, at the time of the date of entry into force of this Agreement, have been produced, prepared, described and presented in compliance with the internal laws and regulations of the Contracting Parties but are prohibited by this Agreement may be sold until stocks run out.

2.   Except where provisions to the contrary are adopted by the Contracting Parties, wines, spirit drinks or aromatised wines which have been produced, prepared, described and presented in compliance with this Agreement but whose production, preparation, description and presentation cease to comply therewith as a result of an amendment thereto may continue to be marketed until stocks run out.

Appendix 1

LIST OF PROTECTED NAMES

(as referred to in Articles 4 and 6 of Annex II)

PART A:   IN THE COMMUNITY

(a)   WINES ORIGINATING IN THE COMMUNITY

Belgium

Czech Republic

Germany

Greece

Spain

France

Italy

Cyprus

Luxembourg

Quality wines produced in a specified region

Hungary

Quality wines produced in a specified region

Malta

Austria

Portugal

Slovenia

Slovakia

Quality wines produced in a specified region

United Kingdom

(b)   SPIRIT DRINKS ORIGINATING IN THE COMMUNITY

(c)   AROMATISED WINES ORIGINATING IN THE COMMUNITY

PART B:   IN ALBANIA

WINES ORIGINATING IN ALBANIA

Name of the specified region, as defined in the CoMD No 505, dated 21.9.2000, approved by the Albanian Government.

Appendix 2

LIST OF TRADITIONAL EXPRESSIONS AND QUALITY TERMS FOR WINE IN THE COMMUNITY

(as referred to in Articles 4 and 7 of Annex II)

----

(1)  The protection of the term ‘cava’ provided for in Council Regulation (EC) No 1493/1999 is without prejudice to the protection of the geographical indication applicable to quality sparkling wines psr ‘Cava’.

(2)  The wines concerned are quality liqueur wines psr provided for in Annex VI, point L, paragraph 8 of Council Regulation (EC) No 1493/1999.

(3)  The wines concerned are quality liqueur wines psr provided for in Annex VI, point L, paragraph 11 of Council Regulation (EC) No 1493/1999.

Appendix 3

LIST OF CONTACT POINTS

(as referred to in Article 12 of Annex II)

            PROTOCOL 4

concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

(SAA protocol 4)

TABLE OF CONTENTS

List of Annexes

TITLE I

GENERAL PROVISIONS

Article 1

Definitions

For the purposes of this Protocol:

TITLE II

DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’               

Article 2

General requirements

1.   For the purpose of implementing the Agreement, the following products shall be considered as originating in the Community:

2.   For the purpose of implementing the Agreement, the following products shall be considered as originating in Albania:

Article 3

Bilateral cumulation in the Community

Materials originating in Albania shall be considered as materials originating in the Community when incorporated into a product obtained there. It shall not be necessary for such materials to have undergone sufficient working or processing, provided they have undergone working or processing going beyond the operations referred to in Article 7.

Article 4

Bilateral cumulation in Albania

Materials originating in the Community shall be considered as materials originating in Albania when incorporated into a product obtained there. It shall not be necessary for such materials to have undergone sufficient working or processing, provided they have undergone working or processing going beyond the operations referred to in Article 7.

Article 5

Wholly obtained products

1.   The following shall be considered as wholly obtained in the Community or in Albania:

2.   The terms ‘their vessels’ and ‘their factory ships’ in paragraph 1(f) and (g) shall apply only to vessels and factory ships:

Article 6

Sufficiently worked or processed products

1.   For the purposes of Article 2, products which are not wholly obtained are considered to be sufficiently worked or processed when the conditions set out in the list in Annex II are fulfilled.

The conditions referred to above indicate, for all products covered by the Agreement, the working or processing which must be carried out on non‐originating materials used in manufacturing and apply only in relation to such materials. It follows that if a product which has acquired originating status by fulfilling the conditions set out in the list is used in the manufacture of another product, the conditions applicable to the product in which it is incorporated do not apply to it, and no account shall be taken of the non-originating materials which may have been used in its manufacture.

2.   Notwithstanding paragraph 1, non‐originating materials which, according to the conditions set out in the list, should not be used in the manufacture of a product may nevertheless be used, provided that:

This paragraph shall not apply to products falling within Chapters 50 to 63 of the Harmonised System.

3.   Paragraphs 1 and 2 shall apply subject to the provisions of Article 7.

Article 7

Insufficient working or processing

1.   Without prejudice to paragraph 2, the following operations shall be considered as insufficient working or processing to confer the status of originating products, whether or not the requirements of Article 6 are satisfied:

2.   All operations carried out either in the Community or in Albania on a given product shall be considered together when determining whether the working or processing undergone by that product is to be regarded as insufficient within the meaning of paragraph 1.

Article 8

Unit of qualification

1.   The unit of qualification for the application of the provisions of this Protocol shall be the particular product which is considered as the basic unit when determining classification using the nomenclature of the Harmonised System.

It follows that:

2.   Where, under General Rule 5 of the Harmonised System, packaging is included with the product for classification purposes, it shall be included for the purposes of determining origin.

Article 9

Accessories, spare parts and tools

Accessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle, which are part of the normal equipment and included in the price thereof or which are not separately invoiced, shall be regarded as one with the piece of equipment, machine, apparatus or vehicle in question.

Article 10

Sets

Sets, as defined in General Rule 3 of the Harmonised System, shall be regarded as originating when all component products are originating. Nevertheless, when a set is composed of originating and non-originating products, the set as a whole shall be regarded as originating, provided that the value of the non-originating products does not exceed 15 % of the ex-works price of the set.

Article 11

Neutral elements

In order to determine whether a product originates, it shall not be necessary to determine the origin of the following which might be used in its manufacture:

TITLE III

TERRITORIAL REQUIREMENTS

Article 12

Principle of territoriality

1.   The conditions for acquiring originating status set out in Title II must be fulfilled without interruption in the Community or Albania.

2.   Where originating goods exported from the Community or from Albania to another country return, they must be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:

3.   The acquisition of originating status in accordance with the conditions set out in Title II shall not be affected by working or processing done outside the Community or Albania on materials exported from the Community or from Albania and subsequently re-imported there, provided:

4.   For the purposes of paragraph 3, the conditions for acquiring originating status set out in Title II shall not apply to working or processing done outside the Community or Albania. But where, in the list in Annex II, a rule setting a maximum value for all the non-originating materials incorporated is applied in determining the originating status of the end product, the total value of the non-originating materials incorporated in the territory of the party concerned, taken together with the total added value acquired outside the Community or Albania by applying the provisions of this Article, shall not exceed the stated percentage.

5.   For the purposes of applying the provisions of paragraphs 3 and 4, ‘total added value’ shall be taken to mean all costs arising outside the Community or Albania, including the value of the materials incorporated there.

6.   The provisions of paragraphs 3 and 4 shall not apply to products which do not fulfil the conditions set out in the list in Annex II or which can be considered sufficiently worked or processed only if the general tolerance fixed in Article 6(2) is applied.

7.   The provisions of paragraphs 3 and 4 shall not apply to products of Chapters 50 to 63 of the Harmonised System.

8.   Any working or processing of the kind covered by the provisions of this Article and done outside the Community or Albania shall be done under the outward processing arrangements, or similar arrangements.

Article 13

Direct transport

1.   The preferential treatment provided for under the Agreement applies only to products, satisfying the requirements of this Protocol, which are transported directly between the Community and Albania. However, products constituting one single consignment may be transported through other territories with, should the occasion arise, trans‐shipment or temporary warehousing in such territories, provided that they remain under the surveillance of the customs authorities in the country of transit or warehousing and do not undergo operations other than unloading, reloading or any operation designed to preserve them in good condition.

Originating products may be transported by pipeline across territory other than that of the Community or Albania.

2.   Evidence that the conditions set out in paragraph 1 have been fulfilled shall be supplied to the customs authorities of the importing country by the production of:

Article 14

Exhibitions

1.   Originating products, sent for exhibition in a country other than the Community or Albania and sold after the exhibition for importation in the Community or in Albania, shall benefit on importation from the provisions of the Agreement provided it is shown to the satisfaction of the customs authorities that:

2.   A proof of origin must be issued or made out in accordance with the provisions of Title V and submitted to the customs authorities of the importing country in the normal manner. The name and address of the exhibition must be indicated thereon. Where necessary, additional documentary evidence of the conditions under which they have been exhibited may be required.

3.   Paragraph 1 shall apply to any trade, industrial, agricultural or crafts exhibition, fair or similar public show or display which is not organised for private purposes in shops or business premises with a view to the sale of foreign products, and during which the products remain under customs control.

TITLE IV

DRAWBACK OR EXEMPTION

Article 15

Prohibition of drawback of, or exemption from, customs duties

1.   Non‐originating materials used in the manufacture of products originating in the Community or in Albania for which a proof of origin is issued or made out in accordance with the provisions of Title V shall not be subject in the Community or Albania to drawback of, or exemption from, customs duties of whatever kind.

2.   The prohibition in paragraph 1 shall apply to any arrangement for refund, remission or non‐payment, partial or complete, of customs duties or charges having an equivalent effect, applicable in the Community or in Albania to materials used in the manufacture, where such refund, remission or non-payment applies, expressly or in effect, when products obtained from the said materials are exported and not when they are retained for home use there.

3.   The exporter of products covered by a proof of origin shall be prepared to submit at any time, upon request from the customs authorities, all appropriate documents proving that no drawback has been obtained in respect of the non-originating materials used in the manufacture of the products concerned and that all customs duties or charges having equivalent effect applicable to such materials have actually been paid.

4.   The provisions of paragraphs 1 to 3 shall also apply in respect of packaging within the meaning of Article 8(2), accessories, spare parts and tools within the meaning of Article 9 and products in a set within the meaning of Article 10 when such items are non-originating.

5.   The provisions of paragraphs 1 to 4 shall apply only in respect of materials which are of the kind to which the Agreement applies. Furthermore, they shall not preclude the application of an export refund system for agricultural products, applicable upon export in accordance with the provisions of the Agreement.

TITLE V

PROOF OF ORIGIN

Article 16

General requirements

1.   Products originating in the Community shall, on importation into Albania, and products originating in Albania shall, on importation into the Community, benefit from the Agreement upon submission of either:

2.   Notwithstanding paragraph 1, originating products within the meaning of this Protocol shall, in the cases specified in Article 26, benefit from the Agreement without it being necessary to submit any of the documents referred to above.

Article 17

Procedure for the issue of a movement certificate EUR.1

1.   A movement certificate EUR.1 shall be issued by the customs authorities of the exporting country on application having been made in writing by the exporter or, under the exporter's responsibility, by his authorised representative.

2.   For this purpose, the exporter or his authorised representative shall fill out both the movement certificate EUR.1 and the application form, specimens of which appear in Annex III. These forms shall be completed in one of the languages in which the Agreement is drawn up and in accordance with the provisions of the domestic law of the exporting country. If they are hand-written, they shall be completed in ink in printed characters. The description of the products must be given in the box reserved for this purpose without leaving any blank lines. Where the box is not completely filled, a horizontal line must be drawn below the last line of the description, the empty space being crossed through.

3.   The exporter applying for the issue of a movement certificate EUR.1 shall be prepared to submit at any time, at the request of the customs authorities of the exporting country where the movement certificate EUR.1 is issued, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Protocol.

4.   A movement certificate EUR.1 shall be issued by the customs authorities of a Member State of the Community or of Albania if the products concerned can be considered as products originating in the Community or in Albania and fulfil the other requirements of this Protocol.

5.   The customs authorities issuing movement certificates EUR.1 shall take any steps necessary to verify the originating status of the products and the fulfilment of the other requirements of this Protocol. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate. They shall also ensure that the forms referred to in paragraph 2 are duly completed. In particular, they shall check whether the space reserved for the description of the products has been completed in such a manner as to exclude all possibility of fraudulent additions.

6.   The date of issue of the movement certificate EUR.1 shall be indicated in Box 11 of the certificate.

7.   A movement certificate EUR.1 shall be issued by the customs authorities and made available to the exporter as soon as actual exportation has been effected or ensured.

Article 18

Movement certificates EUR.1 issued retrospectively

1.   Notwithstanding Article 17(7), a movement certificate EUR.1 may exceptionally be issued after exportation of the products to which it relates if:

2.   For the implementation of paragraph 1, the exporter must indicate in his application the place and date of exportation of the products to which the movement certificate EUR.1 relates, and state the reasons for his request.

3.   The customs authorities may issue a movement certificate EUR.1 retrospectively only after verifying that the information supplied in the exporter's application agrees with that in the corresponding file.

4.   Movement certificates EUR.1 issued retrospectively must be endorsed with one of the following phrases:

5.   The endorsement referred to in paragraph 4 shall be inserted in the ‘Remarks’ box of the movement certificate EUR.1.

Article 19

Issue of a duplicate movement certificate EUR.1

1.   In the event of theft, loss or destruction of a movement certificate EUR.1, the exporter may apply to the customs authorities which issued it for a duplicate made out on the basis of the export documents in their possession.

2.   The duplicate issued in this way must be endorsed with one of the following words:

3.   The endorsement referred to in paragraph 2 shall be inserted in the ‘Remarks’ box of the duplicate movement certificate EUR.1.

4.   The duplicate, which must bear the date of issue of the original movement certificate EUR.1, shall take effect as from that date.

Article 20

Issue of movement certificates EUR.1 on the basis of a proof of origin issued or made out previously

When originating products are placed under the control of a customs office in the Community or in Albania, it shall be possible to replace the original proof of origin by one or more movement certificates EUR.1 for the purpose of sending all or some of these products elsewhere within the Community or Albania. The replacement movement certificate(s) EUR.1 shall be issued by the customs office under whose control the products are placed.

Article 21

Conditions for making out an invoice declaration

1.   An invoice declaration as referred to in Article 16(1)(b) may be made out:

2.   An invoice declaration may be made out if the products concerned can be considered as products originating in the Community or in Albania and fulfil the other requirements of this Protocol.

3.   The exporter making out an invoice declaration shall be prepared to submit at any time, at the request of the customs authorities of the exporting country, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Protocol.

4.   An invoice declaration shall be made out by the exporter by typing, stamping or printing on the invoice, the delivery note or another commercial document, the declaration, the text of which appears in Annex IV, using one of the linguistic versions set out in that Annex and in accordance with the provisions of the domestic law of the exporting country. If the declaration is hand-written, it shall be written in ink in printed characters.

5.   Invoice declarations shall bear the original signature of the exporter in manuscript. However, an approved exporter within the meaning of Article 22 shall not be required to sign such declarations provided that he gives the customs authorities of the exporting country a written undertaking that he accepts full responsibility for any invoice declaration which identifies him as if it had been signed in manuscript by him.

6.   An invoice declaration may be made out by the exporter when the products to which it relates are exported, or after exportation on condition that it is presented in the importing country no longer than two years after the importation of the products to which it relates.

Article 22

Approved exporter

1.   The customs authorities of the exporting country may authorise any exporter, hereinafter referred to as ‘approved exporter’, who makes frequent shipments of products under the Agreement to make out invoice declarations irrespective of the value of the products concerned. An exporter seeking such authorisation must offer to the satisfaction of the customs authorities all guarantees necessary to verify the originating status of the products as well as the fulfilment of the other requirements of this Protocol.

2.   The customs authorities may grant the status of approved exporter subject to any conditions which they consider appropriate.

3.   The customs authorities shall grant to the approved exporter a customs authorisation number which shall appear on the invoice declaration.

4.   The customs authorities shall monitor the use of the authorisation by the approved exporter.

5.   The customs authorities may withdraw the authorisation at any time. They shall do so where the approved exporter no longer offers the guarantees referred to in paragraph 1, no longer fulfils the conditions referred to in paragraph 2 or otherwise makes an incorrect use of the authorisation.

Article 23

Validity of proof of origin

1.   A proof of origin shall be valid for four months from the date of issue in the exporting country, and must be submitted within the said period to the customs authorities of the importing country.

2.   Proofs of origin which are submitted to the customs authorities of the importing country after the final date for presentation specified in paragraph 1 may be accepted for the purpose of applying preferential treatment, where the failure to submit these documents by the final date set is due to exceptional circumstances.

3.   In other cases of belated presentation, the customs authorities of the importing country may accept the proofs of origin where the products have been submitted before the said final date.

Article 24

Submission of proof of origin

Proofs of origin shall be submitted to the customs authorities of the importing country in accordance with the procedures applicable in that country. The said authorities may require a translation of a proof of origin and may also require the import declaration to be accompanied by a statement from the importer to the effect that the products meet the conditions required for the implementation of the Agreement.

Article 25

Importation by instalments

Where, at the request of the importer and on the conditions laid down by the customs authorities of the importing country, dismantled or non‐assembled products within the meaning of General Rule 2(a) of the Harmonised System falling within Sections XVI and XVII or headings 7308 and 9406 of the Harmonised System are imported by instalments, a single proof of origin for such products shall be submitted to the customs authorities upon importation of the first instalment.

Article 26

Exemptions from proof of origin

1.   Products sent as small packages from private persons to private persons or forming part of travellers' personal luggage shall be admitted as originating products without requiring the submission of a proof of origin, provided that such products are not imported by way of trade and have been declared as meeting the requirements of this Protocol and where there is no doubt as to the veracity of such a declaration. In the case of products sent by post, this declaration can be made on the customs declaration CN22/CN23 or on a sheet of paper annexed to that document.

2.   Imports which are occasional and consist solely of products for the personal use of the recipients or travellers or their families shall not be considered as imports by way of trade if it is evident from the nature and quantity of the products that no commercial purpose is in view.

3.   Furthermore, the total value of these products shall not exceed EUR 500 in the case of small packages or EUR 1 200 in the case of products forming part of travellers' personal luggage.

Article 27

Supporting documents

The documents referred to in Articles 17(3) and 21(3) used for the purpose of proving that products covered by a movement certificate EUR.1 or an invoice declaration can be considered as products originating in the Community or in Albania and fulfil the other requirements of this Protocol may consist inter alia of the following:

Article 28

Preservation of proof of origin and supporting documents

1.   The exporter applying for the issue of a movement certificate EUR.1 shall keep for at least three years the documents referred to in Article 17(3).

2.   The exporter making out an invoice declaration shall keep for at least three years a copy of this invoice declaration as well as the documents referred to in Article 21(3).

3.   The customs authorities of the exporting country issuing a movement certificate EUR.1 shall keep for at least three years the application form referred to in Article 17(2).

4.   The customs authorities of the importing country shall keep for at least three years the movement certificates EUR.1 and the invoice declarations submitted to them.

Article 29

Discrepancies and formal errors

1.   The discovery of slight discrepancies between the statements made in the proof of origin and those made in the documents submitted to the customs office for the purpose of carrying out the formalities for importing the products shall not ipso facto render the proof of origin null and void if it is duly established that this document does correspond to the products submitted.

2.   Obvious formal errors such as typing errors on a proof of origin should not cause this document to be rejected if these errors are not such as to create doubts concerning the correctness of the statements made in this document.

Article 30

Amounts expressed in euro

1.   For the application of the provisions of Article 21(1)(b) and Article 26(3) in cases where products are invoiced in a currency other than the euro, amounts in the national currencies of the Member States of the Community and of Albania equivalent to the amounts expressed in euro shall be fixed annually by each of the countries concerned.

2.   A consignment shall benefit from the provisions of Article 21(1)(b) or Article 26(3) by reference to the currency in which the invoice is drawn up, according to the amount fixed by the country concerned.

3.   The amounts to be used in any given national currency shall be the equivalent in that currency of the amounts expressed in euro as at the first working day of October. The amounts shall be communicated to the Commission of the European Communities by 15 October and shall apply from 1 January the following year. The Commission of the European Communities shall notify all countries concerned of the relevant amounts.

4.   A country may round up or down the amount resulting from the conversion into its national currency of an amount expressed in euro. The rounded-off amount may not differ from the amount resulting from the conversion by more than 5 %. A country may retain unchanged its national currency equivalent of an amount expressed in euro if, at the time of the annual adjustment provided for in paragraph 3, the conversion of that amount, prior to any rounding-off, results in an increase of less than 15 % in the national currency equivalent. The national currency equivalent may be retained unchanged if the conversion would result in a decrease in that equivalent value.

5.   The amounts expressed in euro shall be reviewed by the Stabilisation and Association Committee at the request of the Community or of Albania. When carrying out this review, the Stabilisation and Association Council shall consider the desirability of preserving the effects of the limits concerned in real terms. For this purpose, it may decide to modify the amounts expressed in euro.

TITLE VI

ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION

Article 31

Mutual assistance

1.   The customs authorities of the Member States of the Community and of Albania shall provide each other, through the Commission of the European Communities, with specimen impressions of stamps used in their customs offices for the issue of movement certificates EUR.1 and with the addresses of the customs authorities responsible for verifying those certificates and invoice declarations.

2.   In order to ensure the proper application of this Protocol, the Community and Albania shall assist each other, through the competent customs administrations, in checking the authenticity of the movement certificates EUR.1 or the invoice declarations and the correctness of the information given in these documents.

Article 32

Verification of proofs of origin

1.   Subsequent verifications of proofs of origin shall be carried out at random or whenever the customs authorities of the importing country have reasonable doubts as to the authenticity of such documents, the originating status of the products concerned or the fulfilment of the other requirements of this Protocol.

2.   For the purposes of implementing the provisions of paragraph 1, the customs authorities of the importing country shall return the movement certificate EUR.1 and the invoice, if it has been submitted, the invoice declaration, or a copy of these documents, to the customs authorities of the exporting country giving, where appropriate, the reasons for the enquiry. Any documents and information obtained suggesting that the information given on the proof of origin is incorrect shall be forwarded in support of the request for verification.

3.   The verification shall be carried out by the customs authorities of the exporting country. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate.

4.   If the customs authorities of the importing country decide to suspend the granting of preferential treatment to the products concerned while awaiting the results of the verification, release of the products shall be offered to the importer subject to any precautionary measures judged necessary.

5.   The customs authorities requesting the verification shall be informed of the results of this verification as soon as possible. These results must indicate clearly whether the documents are authentic and whether the products concerned can be considered as products originating in the Community or Albania and fulfil the other requirements of this Protocol.

6.   If in cases of reasonable doubt there is no reply within ten months of the date of the verification request or if the reply does not contain sufficient information to determine the authenticity of the document in question or the real origin of the products, the requesting customs authorities shall, except in exceptional circumstances, refuse entitlement to the preferences.

Article 33

Dispute settlement

Where disputes arise in relation to the verification procedures of Article 32 which cannot be settled between the customs authorities requesting a verification and the customs authorities responsible for carrying out this verification or where they raise a question as to the interpretation of this Protocol, they shall be submitted to the Stabilisation and Association Council.

In all cases the settlement of disputes between the importer and the customs authorities of the importing country shall be under the legislation of the said country.

Article 34

Penalties

Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.

Article 35

Free zones

1.   The Community and Albania shall take all necessary steps to ensure that products traded under cover of a proof of origin which in the course of transport use a free zone situated in their territory are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.

2.   By means of an exemption to the provisions contained in paragraph 1, when products originating in the Community or in Albania are imported into a free zone under cover of a proof of origin and undergo treatment or processing, the authorities concerned shall issue a new movement certificate EUR.1 at the exporter's request if the treatment or processing undergone is in conformity with the provisions of this Protocol.

TITLE VII

CEUTA AND MELILLA

Article 36

Application of the Protocol

1.   he term ‘Community’ used in Article 2 does not cover Ceuta and Melilla.

2.   Products originating in Albania, when imported into Ceuta or Melilla, shall enjoy in all respects the same customs regime as that which is applied to products originating in the customs territory of the Community under Protocol 2 of the Act of Accession of the Kingdom of Spain and the Portuguese Republic to the European Communities. Albania shall grant to imports of products covered by the Agreement and originating in Ceuta and Melilla the same customs regime as that which is granted to products imported from and originating in the Community.

3.   For the purpose of the application of paragraph 2 concerning products originating in Ceuta and Melilla, this Protocol shall apply mutatis mutandis subject to the special conditions set out in Article 37.

Article 37

Special conditions

1.   Providing they have been transported directly in accordance with the provisions of Article 13, the following shall be considered as:

2.   Ceuta and Melilla shall be considered as a single territory.

3.   The exporter or his authorised representative shall enter ‘Albania’ and ‘Ceuta and Melilla’ in Box 2 of movement certificates EUR.1 or on invoice declarations. In addition, in the case of products originating in Ceuta and Melilla, this shall be indicated in Box 4 of movement certificates EUR.1 or on invoice declarations.

4.   The Spanish customs authorities shall be responsible for the application of this Protocol in Ceuta and Melilla.

TITLE VIII

FINAL PROVISIONS

Article 38

Amendments to the Protocol

The Stabilisation and Association Council may decide to amend the provisions of this Protocol.

ANNEX I

INTRODUCTORY NOTES TO THE LIST IN ANNEX II

Note 1:

The list sets out the conditions required for all products to be considered as sufficiently worked or processed within the meaning of Article 6 of the Protocol.

Note 2:

Note 3:

Example:

An engine of heading 8407, for which the rule states that the value of the non-originating materials which may be incorporated may not exceed 40 % of the ex-works price, is made from ‘other alloy steel roughly shaped by forging’ of heading ex ex 7224.

If this forging has been forged in the Community from a non-originating ingot, it has already acquired originating status by virtue of the rule for heading ex ex 7224 in the list. The forging can then count as originating in the value-calculation for the engine, regardless of whether it was produced in the same factory or in another factory in the Community. The value of the non-originating ingot is thus not taken into account when adding up the value of the non-originating materials used.

Example:

The rule for fabrics of headings 5208 to 5212 provides that natural fibres may be used and that chemical materials, among other materials, may also be used. This does not mean that both have to be used; it is possible to use one or the other, or both.

Example:

The rule for prepared foods of heading 1904, which specifically excludes the use of cereals and their derivatives, does not prevent the use of mineral salts, chemicals and other additives which are not products from cereals.

However, this does not apply to products which, although they cannot be manufactured from the particular materials specified in the list, can be produced from a material of the same nature at an earlier stage of manufacture.

Example:

In the case of an article of apparel of ex Chapter 62 made from non-woven materials, if the use of only non-originating yarn is allowed for this class of article, it is not possible to start from non-woven cloth — even if non-woven cloths cannot normally be made from yarn. In such cases, the starting material would normally be at the stage before yarn — that is, the fibre stage.

Note 4:

Note 5:

Example:

A yarn, of heading 5205, made from cotton fibres of heading 5203 and synthetic staple fibres of heading 5506, is a mixed yarn. Therefore, non-originating synthetic staple fibres which do not satisfy the origin-rules (which require manufacture from chemical materials or textile pulp) may be used, provided that their total weight does not exceed 10 % of the weight of the yarn.

Example:

A woollen fabric, of heading 5112, made from woollen yarn of heading 5107 and synthetic yarn of staple fibres of heading 5509, is a mixed fabric. Therefore, synthetic yarn which does not satisfy the origin-rules (which require manufacture from chemical materials or textile pulp), or woollen yarn which does not satisfy the origin-rules (which require manufacture from natural fibres, not carded or combed or otherwise prepared for spinning), or a combination of the two, may be used, provided that their total weight does not exceed 10 % of the weight of the fabric.

Example:

Tufted textile fabric, of heading 5802, made from cotton yarn of heading 5205 and cotton fabric of heading 5210, is a only mixed product if the cotton fabric is itself a mixed fabric made from yarns classified in two separate headings, or if the cotton yarns used are themselves mixtures.

Example:

If the tufted textile fabric concerned had been made from cotton yarn of heading 5205 and synthetic fabric of heading 5407, then, obviously, the yarns used are two separate basic textile materials and the tufted textile fabric is, accordingly, a mixed product.

Note 6:

Example:

If a rule in the list provides that, for a particular textile item (such as trousers), yarn must be used, this does not prevent the use of metal items, such as buttons, because buttons are not classified within Chapters 50 to 63. For the same reason, it does not prevent the use of slide-fasteners, even though slide-fasteners normally contain textiles.

Note 7:

ANNEX II

LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON NON-ORIGINATING MATERIALS IN ORDER THAT THE PRODUCT MANUFACTURED CAN OBTAIN ORIGINATING STATUS

The products mentioned in the list may not be all covered by the Agreement. It is, therefore, necessary to consult the other parts of the Agreement.

----

(1)  For the special conditions relating to ‘specific processes’, see Introductory Notes 7.1 and 7.3.

(2)  For the special conditions relating to ‘specific processes’, see Introductory Note 7.2.

(3)  Note 3 to Chapter 32 says that these preparations are those of a kind used for colouring any material or used as ingredients in the manufacture of colouring preparations, provided that they are not classified in another heading in Chapter 32.

(4)  A ‘group’ is regarded as any part of the heading separated from the rest by a semicolon.

(5)  In the case of the products composed of materials classified within both headings 3901 to 3906, on the one hand, and within headings 3907 to 3911, on the other hand, this restriction only applies to that group of materials which predominates by weight in the product.

(6)  The following foils shall be considered as highly transparent: foils, the optical dimming of which, measured according to ASTM-D 1003-16 by Gardner Hazemeter (i.e. Hazefactor), is less than 2 %.

(7)  For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

(8)  The use of this material is restricted to the manufacture of woven fabrics of a kind used in paper-making machinery.

(9)  See Introductory Note 6.

(10)  For knitted or crocheted articles, not elastic or rubberised, obtained by sewing or assembling pieces of knitted or crocheted fabrics (cut out or knitted directly to shape), see Introductory Note 6.

(11)  SEMII – Semiconductor Equipment and Materials Institute Incorporated.

(12)  This rule shall apply until 31.12.2005.

ANNEX III

SPECIMENS OF MOVEMENT CERTIFICATE EUR.1 AND APPLICATION FOR A MOVEMENT CERTIFICATE EUR.1

Printing instructions
Text of image

MOVEMENT CERTIFICATE

1. Exporter (Name, full address, country)

EUR.1 No A 000.000

See notes overleaf before completing this form.

2. Certificate used in preferential trade between

...

And

...

(Insert appropriate countries, groups of countries or territories)

3. Consignee (Name, full address, country) (Optional)

4. Country, group of countries or territory in which the products are considered as originating

5. Country, group of countries or territory of destination

6. Transport details (Optional)

7. Remarks

8. Item number; Marks and numbers; Number and kind of packages (1); Description of goods

9. Gross mass (kg) or other measure (litres, m3, etc.)

10. Invoices (Optional)

11. CUSTOMS ENDORSEMENT

Declaration certified

Export Document (2)

Form ... No ...

Of ...

Customs office ...

Issuing country or territory ...

...

...

(Place and date)

...

(Signature)

Stamp

12. DECLARATION BY THE EXPORTER

I, the undersigned, declare that the goods described above meet the conditions required for the issue of this certificate.

...

(Place and date)

...

(Signature)

(1) If goods are not packed, indicate number of articles or state ‘in bulk’ as appropriate.

(2) Complete only where the regulations of the exporting country or territory require.

Text of image

13. REQUEST FOR VERIFICATION, to

14. RESULT OF VERIFICATION

Verification carried out shows that this certificate (1)

was issued by the customs office indicated and that the information contained there in is accurate.

does not meet the requirements as to authenticity and accuracy (see remarks appended).

Verification of the authenticity and accuracy of this certificate is requested.

...

(Place and date)

...

(Signature)

Stamp

...

(Place and date)

...

(Signature)

Stamp

(1) Insert X in the appropriate box.

NOTES

1. Certificate must not contain erasures or words written over one another. Any alterations must be made by deleting the incorrect particulars and adding any necessary corrections. Any such alteration must be initialled by the person who completed the certificate and endorsed by the Customs authorities of the issuing country or territory.

2. No spaces must be left between the items entered on the certificate and each item must be preceded by an item number. A horizontal line must be drawn immediately below the last item. Any unused space must be struck through in such a manner as to make any later additions impossible.

3. Goods must be described in accordance with commercial practice and with sufficient detail to enable them to be identified.

ANNEX IV

TEXT OF THE INVOICE DECLARATION

The invoice declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.

Spanish version

El exportador de los productos incluidos en el presente documento (autorización aduanera no ... (1)) declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial ... (2).

Czech version

Vývozce výrobků uvedených v tomto dokumentu (číslo povolení... (1)) prohlašuje, že kromě zřetelně označených, mají tyto výrobky preferenční původ v ... (2).

Danish version

Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes tilladelse nr. ... (1)), erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i ... (2).

German version

Der Ausführer (Ermächtigter Ausführer; Bewilligungs-Nr. ... (1)) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nicht anderes angegeben, präferenzbegünstigte ... (2) Ursprungswaren sind.

Estonian version

Käesoleva dokumendiga hõlmatud toodete eksportija (tolliameti kinnitus nr. ... (1)) deklareerib, et need tooted on ... (2) sooduspäritoluga, välja arvatud juhul kui on selgelt näidatud teisiti.

Greek version

Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (άδεια τελωνείου υπ'αριθ. ... (1)) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής ... (2).

English version

The exporter of the products covered by this document (customs authorisation No ... (1)) declares that, except where otherwise clearly indicated, these products are of ... (2) preferential origin.

French version

L'exportateur des produits couverts par le présent document [autorisation douanière no ... (1)] déclare que, sauf indication claire du contraire, ces produits ont l'origine préférentielle ... (2).

Italian version

L'esportatore delle merci contemplate nel presente documento (autorizzazione doganale n. ... (1)) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale ... (2).

Latvian version

To produktu eksportētājs, kuri ietverti šajā dokumentā (muitas atļauja Nr. ... (1)), deklarē, ka, izņemot tur, kur ir citādi skaidri noteikts, šiem produktiem ir preferenciāla izcelsme ... (2).

Lithuanian version

Šiame dokumente išvardytų prekių eksportuotojas (muitinės liudijimo Nr ... (1)) deklaruoja, kad, jeigu kitaip nenurodyta, tai yra ... (2) preferencinės kilmės prekės.

Hungarian version

A jelen okmányban szereplő áruk exportőre (vámfelhatalmazási szám: ... (1)) kijelentem, hogy eltérő jelzés hiányában az áruk kedvezményes ... (2) származásúak.

Maltese version

L-esportatur tal-prodotti koperti b'dan id-dokument (awtorizzazzjoni tad-dwana nru. ... (1)) jiddikjara li, ħlief fejn indikat b'mod ċar li mhux hekk, dawn il-prodotti huma ta' oriġini preferenzjali ... (2).

Dutch version

De exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr. ... (1)), verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële ... oorsprong zijn (2).

Polish version

Eksporter produktów objętych tym dokumentem (upoważnienie władz celnych nr ... (1)) deklaruje, że z wyjątkiem gdzie jest to wyraźnie określone, produkty te mają ... (2) preferencyjne pochodzenie.

Portuguese version

O abaixo assinado, exportador dos produtos abrangidos pelo presente documento (autorização aduaneira no. ... (1)), declara que, salvo indicação expressa em contrário, estes produtos são de origem preferencial ... (2).

Slovenian version

Izvoznik blaga, zajetega s tem dokumentom (pooblastilo carinskih organov št ... (1)) izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialno ... (2) poreklo.

Slovak version

Vývozca výrobkov uvedených v tomto dokumente (číslo povolenia ... (1)) vyhlasuje, že okrem zreteľne označených, majú tieto výrobky preferenčný pôvod v ... (2).

Finnish version

Tässä asiakirjassa mainittujen tuotteiden viejä (tullin lupa n:o ... (1)) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja ... alkuperätuotteita (2).

Swedish version

Exportören av de varor som omfattas av detta dokument (tullmyndighetens tillstånd nr. ... (1)) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande ... ursprung (2).

Albanian version

Eksportuesi i produkteve të përfshira në këtë dokument (autorizim doganor Nr. ... (1)) deklaron që, përveç rasteve kur tregohet qartësisht ndryshe, këto produkte janë me origjinë preferenciale ... (2).

... (3)

(Place and date)

... (4)

(Signature of the exporter, in addition the name of the person signing the declaration has to be indicated in clear script)

----

(1)  When the invoice declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.

(2)  Origin of products to be indicated. When the invoice declaration relates, in whole or in part, to products originating in Ceuta and Mellila, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’.

(3)  These indications may be omitted if the information is contained on the document itself.

(4)  In cases where the exporter is not required to sign, exemption from signature also implies exemption from the obligation to indicate the name of the signatory.

            PROTOCOL 5

On mutual administrative assistance in customs matters

(SAA protocol 6)

Article 1

Definitions

For the purposes of this Protocol:

Article 2

Scope

1.   The Parties shall assist each other, in the areas within their competence, in the manner and under the conditions laid down in this Protocol, to ensure the correct application of the customs legislation, in particular by preventing, investigating and combating operations in breach of that legislation.

2.   Assistance in customs matters, as provided for in this Protocol, shall apply to any administrative authority of the Parties which is competent for the application of this Protocol. It shall not prejudice the rules governing mutual assistance in criminal matters. Nor shall it cover information obtained under powers exercised at the request of a judicial authority, except where communication of such information is authorised by that authority.

3.   Assistance to recover duties, taxes or fines is not covered by this Protocol.

Article 3

Assistance on request

1.   At the request of the applicant authority, the requested authority shall provide it with all relevant information which may enable it to ensure that customs legislation is correctly applied, including information regarding activities noted or planned which are or could be operations in breach of customs legislation.

2.   At the request of the applicant authority, the requested authority shall inform it:

3.   At the request of the applicant authority, the requested authority shall, within the framework of its legal or regulatory provisions, take the necessary steps to ensure special surveillance of:

Article 4

Spontaneous assistance

The Parties shall assist each other, at their own initiative and in accordance with their legal or regulatory provisions, if they consider that to be necessary for the correct application of customs legislation, particularly by providing information obtained pertaining to:

Article 5

Delivery, notification

At the request of the applicant authority, the requested authority shall, in accordance with legal or regulatory provisions applicable to the latter, take all necessary measures in order:

emanating from the applicant authority and falling within the scope of this Protocol, to an addressee residing or established in the territory of the requested authority.

Requests for delivery of documents or notification of decisions shall be made in writing in an official language of the requested authority or in a language acceptable to that authority.

Article 6

Form and substance of requests for assistance

1.   Requests pursuant to this Protocol shall be made in writing. They shall be accompanied by the documents necessary to enable compliance with the request. When required because of the urgency of the situation, oral requests may be accepted, but must be confirmed in writing immediately.

2.   Requests pursuant to paragraph 1 shall include the following information:

3.   Requests shall be submitted in an official language of the requested authority or in a language acceptable to that authority. This requirement shall not apply to any documents that accompany the request under paragraph 1.

4.   If a request does not meet the formal requirements set out above, its correction or completion may be requested; in the meantime precautionary measures may be ordered.

Article 7

Execution of requests

1.   In order to comply with a request for assistance, the requested authority shall proceed, within the limits of its competence and available resources, as though it were acting on its own account or at the request of other authorities of that same Party, by supplying information already possessed, by carrying out appropriate enquiries or by arranging for them to be carried out. This provision shall also apply to any other authority to which the request has been addressed by the requested authority when the latter cannot act on its own.

2.   Requests for assistance shall be executed in accordance with the legal or regulatory provisions of the requested Party.

3.   Duly authorised officials of a Party may, with the agreement of the other Party involved and subject to the conditions laid down by the latter, be present to obtain in the offices of the requested authority or any other concerned authority in accordance with paragraph 1, information relating to activities that are or may be operations in breach of customs legislation which the applicant authority needs for the purposes of this Protocol.

4.   Duly authorised officials of a Party involved may, with the agreement of the other Party involved and subject to the conditions laid down by the latter, be present at enquiries carried out in the latter's territory.

Article 8

Form in which information is to be communicated

1.   The requested authority shall communicate results of enquiries to the applicant authority in writing together with relevant documents, certified copies or other items.

2.   This information may be in computerised form.

3.   Original documents shall be transmitted only upon request in cases where certified copies would be insufficient. These originals shall be returned at the earliest opportunity.

Article 9

Exceptions to the obligation to provide assistance

1.   Assistance may be refused or may be subject to the satisfaction of certain conditions or requirements, in cases where a Party is of the opinion that assistance under this Protocol would:

2.   Assistance may be postponed by the requested authority on the ground that it will interfere with an ongoing investigation, prosecution or proceeding. In such a case, the requested authority shall consult with the applicant authority to determine if assistance can be given subject to such terms or conditions as the requested authority may require.

3.   Where the applicant authority seeks assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request.

4.   For the cases referred to in paragraphs 1 and 2, the decision of the requested authority and the reasons therefor must be communicated to the applicant authority without delay.

Article 10

Information exchange and confidentiality

1.   Any information communicated in whatsoever form pursuant to this Protocol shall be of a confidential or restricted nature, depending on the rules applicable in each of the Parties. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended to similar information under the relevant laws of the Party that received it and the corresponding provisions applying to the Community authorities.

2.   Personal data may be exchanged only where the Party which may receive them undertakes to protect such data in at least an equivalent way to the one applicable to that particular case in the Party that may supply them. To that end, parties shall communicate to each other information on their applicable rules, including, where appropriate, legal provisions in force in the Member States of the Community.

3.   The use, in judicial or administrative proceedings instituted in respect of operations in breach of customs legislation, of information obtained under this Protocol, is considered to be for the purposes of this Protocol. Therefore, the Parties may, in their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, use as evidence information obtained and documents consulted in accordance with the provisions of this Protocol. The competent authority which supplied that information or gave access to those documents shall be notified of such use.

4.   Information obtained shall be used solely for the purposes of this Protocol. Where one of the Parties wishes to use such information for other purposes, it shall obtain the prior written consent of the authority which provided the information. Such use shall then be subject to any restrictions laid down by that authority.

Article 11

Experts and witnesses

An official of a requested authority may be authorised to appear, within the limitations of the authorisation granted, as an expert or witness in judicial or administrative proceedings regarding the matters covered by this Protocol, and produce such objects, documents or certified copies thereof, as may be needed for the proceedings. The request for appearance must indicate specifically before which judicial or administrative authority the official will have to appear, on what matters and by virtue of what title or qualification the official will be questioned.

Article 12

Assistance expenses

The Parties shall waive all claims on each other for the reimbursement of expenses incurred pursuant to this Protocol, except, as appropriate, for expenses to experts and witnesses, and those to interpreters and translators who are not public service employees.

Article 13

Implementation

1.   The implementation of this Protocol shall be entrusted on the one hand to the customs authorities of Albania and on the other hand to the competent services of the Commission of the European Communities and the customs authorities of the Member States as appropriate. They shall decide on all practical measures and arrangements necessary for its application, taking into consideration the rules in force in particular in the field of data protection. They may recommend to the competent bodies amendments which they consider should be made to this Protocol.

2.   The Parties shall consult each other and subsequently keep each other informed of the detailed rules of implementation which are adopted in accordance with the provisions of this Protocol.

Article 14

Other agreements

1.   Taking into account the respective competences of the Community and the Member States, the provisions of this Protocol shall:

2.   Notwithstanding the provisions of paragraph 1, the provisions of this Protocol shall take precedence over the provisions of any bilateral Agreement on mutual assistance which has been or may be concluded between individual Member States and Albania in so far as the provisions of the latter are incompatible with those of this Protocol.

3.   In respect of questions relating to the applicability of this Protocol, the Parties shall consult each other to resolve the matter in the framework of the Stabilisation and Association Committee set up under Article 120 of the Stabilisation and Association Agreement.

----

            FINAL ACT         

The plenipotentiaries of:

the EUROPEAN COMMUNITY,

hereinafter referred to as ‘the Community’,

of the one part, and

the plenipotentiaries of the REPUBLIC OF ALBANIA,

of the other part

meeting in Luxembourg on the 12th day of June in the year 2006 for the signature of the Interim Agreement on trade and trade-related matters between the European Communities, of the one part, and Republic of Albania, of the other part, hereinafter referred to as ‘the Agreement’;

HAVE ADOPTED THE FOLLOWING TEXTS:

the Agreement,

its Annexes I to IV, namely:

and the following Protocols:

THE PLENIPOTENTIARIES OF THE COMMUNITY AND THE PLENIPOTENTIARIES OF THE REPUBLIC OF ALBANIA HAVE ADOPTED THE FOLLOWING JOINT DECLARATIONS LISTED BELOW AND ANNEXED TO THIS FINAL ACT:

Joint Declaration concerning Articles 9 and 16 of the Agreement

Joint Declaration concerning Article 28 of the Agreement

Joint Declaration concerning Article 39 of the Agreement

Joint Declaration concerning Article 49 of the Agreement

Joint Declaration concerning the Principality of Andorra concerning Protocol 4 of the Agreement

Joint Declaration concerning the Republic of San Marino concerning Protocol 4 of the Agreement

The plenipotentiaries of the Republic of Albania have taken note of the Declaration by the Community listed below and annexed to this Final Act:

Declaration by the Community concerning the exceptional trade measures granted by the Community on the basis of Regulation (EC) No 2007/2000.

Hecho en Luxemburgo, el doce de junio del dos mil seis.

V Lucemburku dne dvanáctého června dva tisíce šest.

Udfærdiget i Luxembourg tolvte juni to tusind og seks.

Geschehen zu Luxemburg am zwölften Juni zweitausendsechs.

Kahe tuhande kuuenda aasta juunikuu kaheteistkümnendal päeval Luxembourgis.

'Εγινε στo Λουξεμβούργο, στις δώδεκα Ιουνίου δύο χιλιάδες έξι.

Done at Luxembourg on the twelfth day of June in the year two thousand and six.

Fait à Luxembourg, le douze juin deux mille six.

Fatto a Lussemburgo, addì dodici giugno duemilasei.

Luksemburgā, divtūkstoš sestā gada divpadsmitajā jūnijā.

               Priimta du tūkstančiai šeštų metų birželio dvyliktą dieną Liuksemburge.

Kelt Luxembourgban, a a kettőezer hatodik év június tizenkettedik napján.

Magħmul fil-Lussemburgu, fit-tnax jum ta' Ġunju tas-sena elfejn u sitta.

Gedaan te Luxemburg, de twaalfde juni tweeduizend zes.

Sporządzono w Luksemburgu dnia dwunastego czerwca roku dwutysięcznego szóstego.

Feito em Luxemburgo, em doze de Junho de dois mil e seis.

V Luxemburgu dňa dvanásteho júna dvetisícšesť.

V Luxembourgu, dvanajstega junija leta dva tisoč šest.

Tehty Luxemburgissa kahdentenatoista päivänä kesäkuuta vuonna kaksituhattakuusi.

Som skedde i Luxemburg den tolfte juni tjugohundrasex.

Bërë në Luksemburg në datë dymbëdhjetë qershor të vitit dymijë e gjashtë.

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

az Európai Közösség részéről

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Za Európske spoločenstvo

za Evropsko skupnost

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Për Komunitetin Evropian

Por la República de Albania

Za Albánskou republiku

På Republikken Albaniens vegne

Für die Republik Albanien

Albaania Vabariigi nimel

Για τη Δημοκρατία της Αλβανίας

For the Republic of Albania

Pour la République d'Albanie

Per la Repubblica di Albania

Albānijas Republikas vārdā -

Albanijos Respublikos vardu

az Albán Közatársaság részéről

Għar-Repubblika ta' l-Albanija

Voor de Republiek Albanië

W imieniu Republiki Albanii

Pela República da Albânia

Za Albánsku republiku

Za Republiko Albanijo

Albanian tasavallan puolesta

För Republiken Albanien

Për Republikën e Shqipërisë

JOINT DECLARATIONS

Joint declaration on Articles 9 and 16 of the Agreement (SAA Articles 22 and 29)

The Parties declare that in the implementation of Articles 9 and 16 they will examine, in the Stabilisation and Association Council, the impact of any preferential Agreements negotiated by Albania with third countries (excluding the countries covered by the EU Stabilisation and Association Process and other adjacent countries which are not Member States of the European Union). This examination will allow for an adjustment of Albanian concessions to the Community if Albania were to offer significantly better concessions to these countries.

Joint Declaration concerning Article 28 of the Agreement (SAA Article 41)

1.   

The Community declares its readiness to examine, within the Stabilisation and Association Council, the issue of Albania's participation in diagonal cumulation of rules of origin once economic and commercial as well as other relevant conditions for granting diagonal cumulation have been established.

2.   

With this in mind, Albania declares its readiness to establish free trade areas with, in particular, the other countries covered by the European Union's Stabilisation and Association Process.

Joint Declaration concerning Article 39 of the Agreement (SAA Article 73)

The Parties agree that for the purpose of this Agreement intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programs, and neighbouring rights, the rights relating to databases, patents, industrial designs, trademarks and service marks, topographies of integrated circuits and geographical indications, including appellations of origin, as well as protection against unfair competition as referred to in Article 10a of the Paris Convention for the Protection of Industrial Property and protection of undisclosed information on know-how.

Joint Declaration concerning Article 49 of the Agreement (SAA Article 126)

1.   
For the purposes of the interpretation and practical application of the Agreement, the Parties agree that the cases of special urgency referred to in Article 49 of the Agreement mean cases of material breach of the Agreement by one of the two Parties. A material breach of the Agreement consists in:

2.   

The Parties agree that the ‘appropriate measures’ referred to in Article 49 are measures taken in accordance with international law. If a Party takes a measure in a case of special urgency pursuant to Article 49, the other Party may avail itself of the dispute settlement procedure.

Joint Declaration concerning the Principality of Andorra concerning Protocol 4 of the Agreement

1.   

Products originating in the Principality of Andorra falling within Chapters 25 to 97 of the Harmonised System shall be accepted by Albania as originating in the Community within the meaning of the Agreement.

2.   

Protocol 4 shall apply mutatis mutandis for the purpose of defining the originating status of the abovementioned products.

Joint Declaration concerning the Republic of San Marino concerning Protocol 4 of the Agreement

1.   

Products originating in the Republic of San Marino shall be accepted by Albania as originating in the Community within the meaning of the Agreement.

2.   

Protocol 4 shall apply mutatis mutandis for the purpose of defining the originating status of the abovementioned products.

DECLARATION BY THE COMMUNITY

Declaration by the Community concerning the exceptional trade measures granted by the Community on the basis of Regulation (EC) No 2007/2000

Considering that exceptional trade measures are granted by the Community to countries participating or linked to the EU Stabilisation and Association Process, including Albania on the basis of Council Regulation (EC) No 2007/2000 of 18 September 2000 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association Process, the Community declares:

----

Corrigenda

----

Corrigendum to Council Regulation (EC) No 1083/2006 of 11 july 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing regulation (EC) No 1260/1999

(Official Journal of the European Union L 210 of 31 July 2006)

On page 76, Annex IV shall read as follows:

‘ANNEX IV

Categories of expenditure

(referred to in Article 9(3))

----