Articolul Article 1
Alineatul 1
An Association is hereby established between the Community and its Member States, of the one part; and Albania, of the other part.
Alineatul 2
The aims of this Association are:
Articolul Article 2
Articolul Article 3
Articolul Article 4
Articolul Article 5
Articolul Article 6
Articolul Article 7
Articolul Article 8
Alineatul 1
Political dialogue between the Parties shall be further developed within the context of this Agreement. It shall accompany and consolidate the rapprochement between the European Union and Albania and contribute to the establishment of close links of solidarity and new forms of cooperation between the Parties.
Alineatul 2
The political dialogue is intended to promote in particular:
Alineatul 3
The Parties consider that the proliferation of weapons of mass destruction and their means of delivery, both to State and non-State actors, represents one of the most serious threats to international stability and security. The Parties therefore agree to cooperate and to contribute to countering the proliferation of weapons of mass destruction and their means of delivery through full compliance with and national implementation of their existing obligations under international disarmament and non-proliferation treaties and agreements and other relevant international obligations. The Parties agree that this provision constitutes an essential element of this Agreement and shall be part of the political dialogue that shall accompany and consolidate these elements.
Articolul Article 9
Alineatul 1
Political dialogue shall take place within the Stabilisation and Association Council, which shall have the general responsibility for any matter which the Parties might wish to put to it.
Alineatul 2
At the request of the Parties, political dialogue may also take place in the following formats:
Articolul Article 10
Articolul Article 11
Articolul Article 12
Articolul Article 13
Cooperation with other countries having signed a Stabilisation and Association Agreement
Articolul Article 14
Cooperation with other countries concerned by the Stabilisation and Association process
Articolul Article 15
Cooperation with countries candidate for accession to the European Union
Alineatul 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.
Alineatul 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 as well as liberalising the establishment and supply of services between them at a level equivalent to this Agreement in accordance with Article V of the GATS.
Articolul Article 16
Alineatul 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.
Alineatul 2
The Combined Nomenclature of goods shall be applied to the classification of goods in trade between the two Parties.
Alineatul 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.
Alineatul 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.
Alineatul 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.
Alineatul 6
The Community and Albania shall communicate to each other their respective basic duties.
Articolul Article 17
Alineatul 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).
Alineatul 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.
Articolul Article 18
Alineatul 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.
Alineatul 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.
Articolul Article 19
Alineatul 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.
Alineatul 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:
Alineatul 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.
Articolul Article 20
Articolul Article 21
Alineatul 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.
Alineatul 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.
Articolul Article 22
Articolul Article 23
Articolul Article 24
Definition
Alineatul 1
The provisions of this Chapter shall apply to trade in agricultural and fishery products originating in the Community or in Albania.
Alineatul 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)
Alineatul 3
This definition includes fish and fisheries products covered by Chapter 3, Headings 1604 and 1605, and subheadings 051191, 23012000 and 19022010
Articolul Article 25
Articolul Article 26
Alineatul 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.
Alineatul 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.
Articolul Article 27
Agricultural products
Alineatul 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 Headings 0102, 0201, 0202, 1701, 1702 and 2204 of the Combined Nomenclature.
Alineatul 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 1000 tonnes.
Alineatul 3
On the date of entry into force of this Agreement, Albania shall:
Alineatul 4
Protocol 3 lays down the arrangements applicable to the wine and spirit products referred to therein.
Articolul Article 28
Fish and fisheries products
Alineatul 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.
Alineatul 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.
Articolul Article 29
Articolul Article 30
Articolul Article 31
Articolul Article 32
Articolul Article 33
Standstill
Alineatul 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.
Alineatul 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.
Alineatul 3
Without prejudice to the concessions granted under Article 26, 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.
Articolul Article 34
Prohibition of fiscal discrimination
Alineatul 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.
Alineatul 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.
Articolul Article 35
Articolul Article 36
Customs unions, free trade areas, cross-border arrangements
Alineatul 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.
Alineatul 2
During the transitional periods specified in Article 19, 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 specified in Title III concluded by Albania in order to promote regional trade.
Alineatul 3
Consultations between the Parties shall take place within the Stabilisation and Association Council concerning the Agreements described in paragraphs 1 and 2 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.
Articolul Article 37
Dumping and subsidy
Alineatul 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 38.
Alineatul 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.
Articolul Article 38
General safeguard clause
Alineatul 1
The provisions of Article XIX GATT 1994 and the WTO Agreement on Safeguard are applicable between the Parties.
Alineatul 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.
Alineatul 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.
Alineatul 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.
Alineatul 5
For the implementation of the above paragraphs the following provisions shall apply:
Alineatul 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.
Articolul Article 39
Shortage clause
Alineatul 1
Where compliance with the provisions of this Title leads to:that Party may take appropriate measures under the conditions and in accordance with the procedures laid down in this Article.
Alineatul 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.
Alineatul 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.
Alineatul 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.
Alineatul 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.
Articolul Article 40
State monopolies
Articolul Article 41
Articolul Article 42
Restrictions authorised
Articolul Article 43
Alineatul 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.
Alineatul 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.
Alineatul 3
For the purpose of this Article a failure to provide administrative cooperation shall mean, inter alia:
Alineatul 4
The application of a temporary suspension shall be subject to the following conditions:
Alineatul 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.
Articolul Article 44
Articolul Article 45
Articolul Article 46
Alineatul 1
Subject to the conditions and modalities applicable in each Member State:
Alineatul 2
Albania shall, subject to the conditions and modalities in that country, accord the treatment referred to in paragraph 1 to workers who are nationals of a Member State and are legally employed in its territory as well as to their spouse and children who are legally resident in the said country.
Articolul Article 47
Alineatul 1
Taking into account the labour market situation in the Member States, subject to their legislation and to compliance with the rules in force in the Member States in the area of mobility of workers:
Alineatul 2
The Stabilisation and Association Council shall examine the granting of other improvements, including facilities for access to professional training, in accordance with the rules and procedures in force in the Member States, and taking into account the labour market situation in the Member States and in the Community.
Articolul Article 48
Alineatul 1
Rules shall be laid down for the coordination of social security systems for workers with Albanian nationality, legally employed in the territory of a Member State, and for the members of their families legally resident there. To that effect, a Decision of the Stabilisation and Association Council, which should not affect any rights or obligations arising from bilateral Agreements where the latter provide for more favourable treatment, shall put the following provisions in place:
Alineatul 2
Albania shall accord to workers who are nationals of a Member State and legally employed in its territory, and to members of their families legally resident there, treatment similar to that specified in the second and third indents of paragraph 1.
Articolul Article 49
Articolul Article 50
Alineatul 1
Albania shall facilitate the setting-up of operations on its territory by Community companies and nationals. To that end, it shall grant, upon the date of entry into force of this Agreement:
Alineatul 2
The Parties shall not adopt any new regulations or measures which would introduce discrimination as regards the establishment of Community or Albanian companies on their territory or in respect of their operation, once established, by comparison with their own companies.
Alineatul 3
The Community and its Member States shall grant, from the date of entry into force of this Agreement:
Alineatul 4
Five years after the date of entry into force of this Agreement, the Stabilisation and Association Council shall establish the modalities to extend the above provisions to the establishment of nationals of both Parties to take up economic activities as self-employed persons.
Alineatul 5
Notwithstanding the provisions of this Article:
Articolul Article 51
Alineatul 1
Subject to the provisions of Article 50, with the exception of financial services as defined in Annex IV, each Party may regulate the establishment and operation of companies and nationals on its territory, in so far as these regulations do not discriminate against companies and nationals of the other Party in comparison with its own companies and nationals.
Alineatul 2
In respect of financial services, notwithstanding any other provisions of this Agreement, a Party shall not be prevented from taking measures for prudential reasons, including for the protection of investors, depositors, policy holders or persons to whom a fiduciary duty is owed by a financial service supplier, or to ensure the integrity and stability of the financial system. Such measures shall not be used as a means of avoiding the Party’s obligations under this Agreement.
Alineatul 3
Nothing in this Agreement shall be construed to require a Party to disclose information relating to the affairs and accounts of individual customers or any confidential or proprietary information in the possession of public entities.
Articolul Article 52
Alineatul 1
Without prejudice to the Multilateral Agreement on the Establishment of a European Common Aviation Area (ECAA), the provisions of this Chapter shall not apply to air transport services, inland waterways transport services and maritime cabotage services.
Alineatul 2
The Stabilisation and Association Council may make recommendations for improving establishment and operations in the areas covered by paragraph 1.
Articolul Article 53
Alineatul 1
The provisions of Articles 50 and 51 do not preclude the application by a Party of particular rules concerning the establishment and operation in its territory of branches of companies of another Party not incorporated in the territory of the first Party, which are justified by legal or technical differences between such branches as compared to branches of companies incorporated in its territory or, as regards financial services, for prudential reasons.
Alineatul 2
The difference in treatment shall not go beyond what is strictly necessary as a result of such legal or technical differences or, as regards financial services, for prudential reasons.
Articolul Article 54
Articolul Article 55
Alineatul 1
A Community company or an Albanian company established in the territory of Albania or the Community respectively shall be entitled to employ, or have employed by one of its subsidiaries or branches, in accordance with the legislation in force in the host country of establishment, in the territory of Albania and the Community respectively, employees who are nationals of the Member States and of Albania respectively, provided that such employees are key personnel as defined in paragraph 2 and that they are employed exclusively by companies, subsidiaries or branches. The residence and work permits of such employees shall only cover the period of such employment.
Alineatul 2
Key personnel of the abovementioned companies, herein referred to as organisations, are intra-corporate transferees as defined in point (c) in the following categories, provided that the organisation is a legal person and that the persons concerned have been employed by it or have been partners in it (other than as majority shareholders), for at least the year immediately preceding such movement:
Alineatul 3
The entry into and the temporary presence within the territory of the Community or Albania of Albanian and Community nationals respectively shall be permitted, when these representatives of companies are persons working in a senior position, as defined in paragraph 2(a), within a company, and are responsible for the setting-up of a Community subsidiary or branch of an Albanian company or of an Albanian subsidiary or branch of a Community company in a Member State or in Albania respectively, when:
Articolul Article 56
Articolul Article 57
Alineatul 1
The Parties undertake in accordance with the following provisions to take the necessary steps to allow progressively the supply of services by Community or Albanian companies or nationals which are established in a Party other than that of the person for whom the services are intended.
Alineatul 2
In step with the liberalisation process mentioned in paragraph 1, the Parties shall permit the temporary movement of natural persons providing the service or who are employed by the service provider as key personnel as defined in Article 55(2), including natural persons who are representatives of a Community or Albanian company or national and are seeking temporary entry for the purpose of negotiating for the sale of services or entering into agreements to sell services for that service provider, where those representatives will not be engaged in making direct sales to the general public or in supplying services themselves.
Alineatul 3
Five years after the date of entry into force of this Agreement, the Stabilisation and Association Council shall take the measures necessary to implement progressively the provisions of paragraph 1. Account shall be taken of the progress achieved by the Parties in the approximation of their laws.
Articolul Article 58
Alineatul 1
The Parties shall not take any measures or actions which render the conditions for the supply of services by Community and Albanian nationals or companies which are established in a Party other than that of the person for whom the services are intended significantly more restrictive as compared to the situation existing on the day preceding the date of entry into force of this Agreement.
Alineatul 2
If one Party is of the view that measures introduced by the other Party since the date of entry into force of this Agreement result in a situation which is significantly more restrictive in respect of supply of services as compared with the situation existing at the date of entry into force of this Agreement, such first Party may request the other Party to enter into consultations.
Articolul Article 59
Articolul Article 60
Articolul Article 61
Alineatul 1
With regard to transactions on the capital and financial account of balance of payments, from the date of entry into force of this Agreement, the Parties shall ensure the free movement of capital relating to direct investments made in companies formed in accordance with the laws of the host country and investments made in accordance with the provisions of Chapter II of Title V, and the liquidation or repatriation of these investments and of any profit stemming therefrom.
Alineatul 2
With regard to transactions on the capital and financial account of balance of payments, from the date of entry into force of this Agreement, the Parties shall ensure the free movement of capital relating to credits related to commercial transactions or to the provision of services in which a resident of one of the Parties is participating, and to financial loans and credits, with maturity longer than a year.
Alineatul 3
Without prejudice to paragraph 1, the Parties shall not introduce any new restrictions on the movement of capital and current payments between residents of the Community and Albania and shall not make the existing arrangements more restrictive.
Alineatul 4
Without prejudice to the provisions of Article 60 and of this Article, where, in exceptional circumstances, movements of capital between the Community and Albania cause, or threaten to cause, serious difficulties for the operation of exchange rate policy or monetary policy in the Community or Albania, the Community and Albania, respectively, may take safeguard measures with regard to movements of capital between the Community and Albania for a period not exceeding one year if such measures are strictly necessary.
Alineatul 5
Nothing in the above provisions shall be taken to limit the rights of economic operators of the Parties from benefiting from any more favourable treatment that may be provided for in any existing bilateral or multilateral Agreement involving Parties to this Agreement.
Alineatul 6
The Parties shall consult each other with a view to facilitating the movement of capital between the Community and Albania in order to promote the objectives of this Agreement.
Articolul Article 62
Alineatul 1
During the first three years following the date of entry into force of this Agreement, the Parties shall take measures permitting the creation of the necessary conditions for the further gradual application of Community rules on the free movement of capital.
Alineatul 2
By the end of the third year following the date of entry into force of this Agreement, the Stabilisation and Association Council shall determine the modalities for full application of Community rules on the movement of capital.
Articolul Article 63
Alineatul 1
The provisions of this Title shall be applied subject to limitations justified on grounds of public policy, public security or public health.
Alineatul 2
They shall not apply to activities that in the territory of either Party are connected, even occasionally, with the exercise of official authority.
Articolul Article 64
Articolul Article 65
Articolul Article 66
Alineatul 1
The MFN treatment granted in accordance with the provisions of this Title shall not apply to the tax advantages that the Parties are providing or will provide in the future on the basis of Agreements designed to avoid double taxation or other tax arrangements.
Alineatul 2
None of the provisions of this Title shall be construed to prevent the adoption or enforcement by the Parties of any measure aimed at preventing the avoidance or evasion of taxes pursuant to the tax provisions of Agreements designed to avoid double taxation and other tax arrangements or domestic fiscal legislation.
Alineatul 3
None of the provisions of this Title shall be construed to prevent Member States or Albania, in applying the relevant provisions of their fiscal legislation, from distinguishing between taxpayers who are not in identical situations, in particular as regards their place of residence.
Articolul Article 67
Alineatul 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.
Alineatul 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.
Alineatul 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.
Articolul Article 68
Articolul Article 69
Articolul Article 70
Alineatul 1
The Parties recognise the importance of the approximation of Albania’s existing legislation to that of the Community and of its effective implementation. Albania shall endeavour to ensure that its existing laws and future legislation shall be gradually made compatible with the Community acquis. Albania shall ensure that existing and future legislation shall be properly implemented and enforced.
Alineatul 2
This approximation shall start on the date of signing of this Agreement, and shall gradually extend to all the elements of the Community acquis referred to in this Agreement by the end of the transitional period as defined in Article 6.
Alineatul 3
During the first stage as defined in Article 6, approximation shall focus on fundamental elements of the internal market acquis as well as on other important areas such as competition, intellectual, industrial and commercial property rights, public procurement, standards and certification, financial services, land and maritime transport — with special emphasis on safety and environmental standards as well as social aspects — company law, accounting, consumer protection, data protection, health and safety at work and equal opportunities. During the second stage, Albania shall focus on the remaining parts of the acquis.
Alineatul 4
Albania shall also define, in agreement with the Commission of the European Communities, the modalities for the monitoring of the implementation of approximation of legislation and law enforcement actions to be taken.
Articolul Article 71
Competition and other economic provisions
Alineatul 1
The following shall be incompatible with the proper functioning of this Agreement, in so far as they may affect trade between the Community and Albania:
Alineatul 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.
Alineatul 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.
Alineatul 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.
Alineatul 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.
Alineatul 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.
Alineatul 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.
Alineatul 8
With regard to products referred to in Chapter II of Title IV:
Alineatul 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.
Articolul Article 72
Public undertakings
Articolul Article 73
Intellectual, industrial and commercial property
Alineatul 1
Pursuant to the provisions of this Article and Annex V, the Parties confirm the importance that they attach to ensuring adequate and effective protection and enforcement of intellectual, industrial and commercial property rights.
Alineatul 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.
Alineatul 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 V. The Stabilisation and Association Council may decide to oblige Albania to accede to specific multilateral Conventions in this area.
Alineatul 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.
Articolul Article 74
Public contracts
Alineatul 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.
Alineatul 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.
Alineatul 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.
Alineatul 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.
Alineatul 5
As regards establishment, operations, supply of services between the Community and Albania, and also employment and movement of labour linked to the fulfilment of public contracts, the provisions of Articles 46 to 69 are applicable.
Articolul Article 75
Standardisation, metrology, accreditation and conformity assessment
Alineatul 1
Albania shall take the necessary measures in order to gradually achieve conformity with Community technical regulations and European standardisation, metrology, accreditation and conformity assessment procedures.
Alineatul 2
To this end, the Parties shall start at an early stage:
Articolul Article 76
Consumer protection
Articolul Article 77
Working conditions and equal opportunities
Articolul Article 78
Reinforcement of institutions and rule of law
Articolul Article 79
Protection of personal data
Articolul Article 80
Visa, border management, asylum and migration
Articolul Article 81
Prevention and control of illegal immigration, and readmission
Alineatul 1
The Parties shall cooperate in order to prevent and control illegal immigration. To this end, the Parties agree that, upon request and without further formalities, Albania and the Member States:
Alineatul 2
The Member States of the European Union and Albania shall provide their nationals with appropriate identity documents and shall extend to them the administrative facilities necessary for such purposes.
Alineatul 3
Specific procedures for the purpose of readmission of nationals and third country nationals and stateless persons are laid down in the Agreement between the European Community and Albania on the readmission of persons residing without authorisation, signed on 14 April 2005.
Alineatul 4
Albania agrees to conclude Readmission Agreements with the Stabilisation and Association process countries and undertakes to take any necessary measures to ensure the flexible and rapid implementation of all Readmission Agreements referred to in this article.
Alineatul 5
The Stabilisation and Association Council shall establish other joint efforts that can be made to prevent and control illegal immigration, including trafficking and illegal migration networks.
Articolul Article 82
Money laundering and terrorism financing
Alineatul 1
The Parties shall cooperate closely in order to prevent the use of their financial systems for laundering of proceeds from criminal activities in general and drug offences in particular, as well as for the purpose of terrorist financing.
Alineatul 2
Cooperation in this area may include administrative and technical assistance designed to develop the implementation of regulations and efficient functioning of the suitable standards and mechanisms to combat money laundering and terrorism financing equivalent to those adopted by the Community and international forums in this field, in particular the Financial Action Task Force (FATF).
Articolul Article 83
Cooperation on illicit drugs
Alineatul 1
Within their respective powers and competences, the Parties shall cooperate to ensure a balanced and integrated approach towards drug issues. Drug policies and actions shall be aimed at reducing the supply of, trafficking in and the demand for illicit drugs as well as at a more effective control of precursors.
Alineatul 2
The Parties shall agree on the necessary methods of cooperation to attain these objectives. Actions shall be based on commonly agreed principles along the lines of the EU Drug Control Strategy.
Articolul Article 84
Counter-terrorism
Articolul Article 85
Preventing and combating organised crime and other illegal activities
Articolul Article 86
General provisions on cooperation policies
Alineatul 1
The Community and Albania shall establish a close cooperation aimed at contributing to the development and growth potential of Albania. Such cooperation shall strengthen existing economic links on the widest possible foundation, to the benefit of both Parties.
Alineatul 2
Policies and other measures shall be designed to bring about sustainable economic and social development of Albania. These policies should ensure that environmental considerations are also fully incorporated from the outset and that they are linked to the requirements of harmonious social development.
Alineatul 3
Cooperation policies shall be integrated into a regional framework of cooperation. Special attention shall be devoted to measures that can foster cooperation between Albania and its neighbouring countries including Member States, thus contributing to regional stability. The Stabilisation and Association Council may define priorities between and within the cooperation policies described hereinafter.
Articolul Article 87
Economic and trade policy
Alineatul 1
The Community and Albania shall facilitate the process of economic reform by cooperating to improve understanding of the fundamentals of their respective economies and the formulation and implementation of economic policy in market economies.
Alineatul 2
At the request of the Albanian authorities, the Community may provide assistance designed to support Albania’s efforts to establish a functioning market economy and gradually to approximate its policies to the stability-oriented policies of the Economic and Monetary Union.
Alineatul 3
Cooperation shall also aim at strengthening the rule of law in the business area through a stable and non-discriminatory trade-related legal framework.
Alineatul 4
Cooperation in this area shall include informal exchange of information concerning the principles and functioning of the European Economic and Monetary Union.
Articolul Article 88
Statistical cooperation
Articolul Article 89
Banking, insurance and other financial services
Articolul Article 90
Audit and financial control cooperation
Articolul Article 91
Investment promotion and protection
Articolul Article 92
Industrial cooperation
Alineatul 1
Cooperation shall aim to promote the modernisation and restructuring of the Albanian industry and individual sectors, as well as industrial cooperation between economic operators, with the objective of strengthening the private sector under conditions which ensure that the environment is protected.
Alineatul 2
Industrial cooperation initiatives shall reflect the priorities determined by both Parties. They shall take into account the regional aspects of industrial development, promoting transnational partnerships when relevant. The initiatives shall seek in particular to establish a suitable framework for undertakings, to improve management and know-how and to promote markets, market transparency and the business environment.
Alineatul 3
Cooperation will take due account of the Community acquis in the field of industrial policy.
Articolul Article 93
Small and medium-sized enterprises
Articolul Article 94
Tourism
Alineatul 1
Cooperation between the Parties in the field of tourism shall be mainly aimed at strengthening the flow of information on tourism (through international networks, databanks, etc.) and transferring know-how (through training, exchanges, seminars). Cooperation shall take due account of Community acquis related to this sector.
Alineatul 2
Cooperation may be integrated into a regional framework of cooperation.
Articolul Article 95
Agriculture and the agro-industrial sector
Articolul Article 96
Fisheries
Articolul Article 97
Customs
Alineatul 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 this Agreement and for the gradual approximation of the Albanian customs legislation to the acquis.
Alineatul 2
Cooperation shall take due account of priority areas related to the Community acquis in the field of customs.
Alineatul 3
Protocol 6 establishes the rules on mutual administrative assistance between the Parties in the customs field.
Articolul Article 98
Taxation
Alineatul 1
The Parties shall establish cooperation in the field of taxation, including measures aiming at the further reform of the fiscal system and the restructuring of tax administration with a view to ensuring effectiveness of tax collection and the fight against fiscal fraud.
Alineatul 2
Cooperation shall take due account of priority areas related to the Community acquis in the field of taxation and in the fight against harmful tax competition. In this respect, the Parties recognise the importance of improving transparency and the exchange of information between the Member States of the European Union and Albania in order to facilitate the enforcement of measures preventing the avoidance or evasion of taxes. Furthermore, the Parties shall consult each other, as from the date of entry into force of this Agreement, with a view to eliminating harmful tax competition between the Member States of the European Union and Albania in order to ensure a level playing field in the area of business taxation.
Articolul Article 99
Social cooperation
Alineatul 1
The Parties shall cooperate to facilitate the reform of Albanian employment policy, in the context of strengthened economic reform and integration. Cooperation shall also seek to support the adaptation of the Albanian social security system to the new economic and social requirements, and shall involve the adjustment of the Albanian legislation concerning working conditions and equal opportunities for women, as well as the improvement of the level of protection of the health and safety of workers, taking as a reference the level of protection existing in the Community.
Alineatul 2
Cooperation will take due account of priority areas related to the Community acquis in this field.
Articolul Article 100
Education and training
Alineatul 1
The Parties shall cooperate with the aim of raising the level of general education and vocational education and training in Albania, as well as youth policy and youth work. A priority for higher education systems shall be the achievement of the objectives of the Bologna Declaration.
Alineatul 2
The Parties shall also cooperate with the aim of ensuring that access to all levels of education and training in Albania is free of discrimination on the grounds of gender, colour, ethnic origin or religion.
Alineatul 3
The relevant Community programmes and instruments shall contribute to the upgrading of educational and training structures and activities in Albania.
Alineatul 4
Cooperation shall take due account of priority areas related to the Community acquis in this field.
Articolul Article 101
Cultural cooperation
Articolul Article 102
Cooperation in the audiovisual field
Alineatul 1
The Parties shall cooperate to promote the audiovisual industry in Europe and encourage coproduction in the fields of cinema and television.
Alineatul 2
Cooperation could include, inter alia, programmes and facilities for the training of journalists and other media professionals, as well as technical assistance to the media, both public and private, so as to reinforce their independence, professionalism and links with the European media.
Alineatul 3
Albania shall align its policies on the regulation of content aspects of cross-border broadcasting with those of the Community and shall harmonise its legislation with the Community acquis. Albania shall pay particular attention to matters relating to the acquisition of intellectual property rights for programmes and broadcasts by satellite, terrestrial frequencies and cable.
Articolul Article 103
Information society
Alineatul 1
Cooperation shall primarily focus on priority areas related to the Community acquis regarding the information society. It shall mainly support Albania’s gradual alignment of its policies and legislation in this sector with those of the Community.
Alineatul 2
The Parties shall also cooperate with a view to further developing the information society in Albania. Global objectives shall be preparing society as a whole for the digital age, attracting investments and ensuring the interoperability of networks and services.
Articolul Article 104
Electronic communications networks and services
Alineatul 1
Cooperation shall primarily focus on priority areas related to the Community acquis in this field.
Alineatul 2
The Parties shall, in particular, strengthen cooperation in the area of electronic communications networks and associated services, with the ultimate objective of the adoption by Albania of the Community acquis in these sectors one year after the date of entry into force of this Agreement.
Articolul Article 105
Information and communication
Articolul Article 106
Transport
Alineatul 1
Cooperation between the Parties shall focus on priority areas related to the Community acquis in the field of transport.
Alineatul 2
Cooperation may notably aim at restructuring and modernising the Albanian transport modes, improving the free movement of passengers and goods, enhancing the access to the transport market and facilities, including ports and airports, supporting the development of multimodal infrastructures in connection with the main trans-European networks, notably to reinforce regional links, achieving operating standards comparable to those in the Community, developing a transport system in Albania compatible and aligned with the Community system and improving the protection of environment in transport.
Articolul Article 107
Energy
Articolul Article 108
Environment
Alineatul 1
The Parties shall develop and strengthen their cooperation in the vital task of combating environmental degradation, with the aim of promoting environmental sustainability.
Alineatul 2
Cooperation shall mainly focus on priority areas related to the Community acquis in the field of environment.
Articolul Article 109
Cooperation in research and technological development
Alineatul 1
The Parties shall encourage cooperation in civil scientific research and technological development on the basis of mutual benefit and, taking into account the availability of resources, adequate access to their respective programmes, subject to appropriate levels of effective protection of intellectual, industrial and commercial property rights.
Alineatul 2
Cooperation shall take due account of the priority areas related to the Community acquis in the field of research and technical development.
Alineatul 3
Cooperation shall be implemented according to specific arrangements to be negotiated and concluded according to the procedures adopted by each Party.
Articolul Article 110
Regional and local development
Alineatul 1
The Parties shall seek to strengthen regional and local development cooperation, with the objective of contributing to economic development and reducing regional imbalances. Specific attention shall be given to cross-border, transnational and interregional cooperations.
Alineatul 2
Cooperation shall take due account of the priority areas related to the Community acquis in the field of regional development.
Articolul Article 111
Public administration
Alineatul 1
Cooperation shall aim at ensuring the development of an efficient and accountable public administration in Albania, notably to support rule of law implementation, the proper functioning of the State institutions for the benefit of the Albanian population as a whole and the smooth development of the relations between the European Union and Albania.
Alineatul 2
Cooperation in this area shall mainly focus on institution building, including the development and implementation of transparent and impartial recruitment procedures, human resources management, career development for the public service, continued training and the promotion of ethics within the public administration, and e-government. Cooperation shall cover both the central and the local administrations.
Articolul Article 112
Articolul Article 113
Articolul Article 114
Articolul Article 115
Articolul Article 116
Articolul Article 117
Alineatul 1
The Stabilisation and Association Council shall consist of the members of the Council of the European Union and members of the Commission of the European Communities, on the one hand, and of members of the Government of Albania, on the other.
Alineatul 2
The Stabilisation and Association Council shall establish its Rules of Procedure.
Alineatul 3
The members of the Stabilisation and Association Council may arrange to be represented, in accordance with the conditions to be laid down in its Rules of Procedure.
Alineatul 4
The Stabilisation and Association Council shall be chaired in turn by a representative of the Community and a representative of Albania, in accordance with the provisions to be laid down in its Rules of Procedure.
Alineatul 5
In matters that concern it, the European Investment Bank shall take part, as an observer, in the work of the Stabilisation and Association Council.
Articolul Article 118
Articolul Article 119
Articolul Article 120
Alineatul 1
The Stabilisation and Association Council shall be assisted in the performance of its duties by a Stabilisation and Association Committee, composed of representatives of the Council of the European Union and of representatives of the Commission of the European Communities, on the one hand, and of representatives of Albania, on the other.
Alineatul 2
In its Rules of Procedure the Stabilisation and Association Council shall determine the duties of the Stabilisation and Association Committee, which shall include the preparation of meetings of the Stabilisation and Association Council, and shall determine how the Committee shall function.
Alineatul 3
The Stabilisation and Association Council may delegate to the Stabilisation and Association Committee any of its powers. In this event the Stabilisation and Association Committee shall take its decisions in accordance with the conditions laid down in Article 118.
Alineatul 4
The Stabilisation and Association Council may decide to set up other special committees or bodies that can assist it in carrying out its duties. In its Rules of Procedure, the Stabilisation and Association Council shall determine the composition and duties of such committees or bodies and how they shall function.
Articolul Article 121
Articolul Article 122
Articolul Article 123
Articolul Article 124
Articolul Article 125
Alineatul 1
In the fields covered by this Agreement and without prejudice to any special provisions contained therein:
Alineatul 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.
Articolul Article 126
Alineatul 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.
Alineatul 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.
Alineatul 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.
Articolul Article 127
Articolul Article 128
Articolul Article 129
Articolul Article 130
Articolul Article 131
Articolul Article 132
Articolul Article 133
Articolul Article 134
Articolul Article 135
Articolul Article 136
Interim Agreement
Articolul Article 137
Litera b
Punctul 2