2009/332/EC,Euratom: Council and Commission Decision of 26 February 2009 concerning the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part

• Articles: 160

Article 1

1.   The Stabilisation and Association Agreement between the European Communities and their Member States, 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 European Community and the European Atomic Energy Community.

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

Article 1

1.   An Association is hereby established between the Community and its Member States, of the one part; and Albania, of the other part.

2.   The aims of this Association are:

—

to support the efforts of Albania to strengthen democracy and the rule of law,

—

to contribute to political, economic and institutional stability in Albania, as well as to the stabilisation of the region,

—

to provide an appropriate framework for political dialogue, allowing the development of close political relations between the Parties,

—

to support the efforts of Albania to develop its economic and international cooperation, also through the approximation of its legislation to that of the Community,

—

to support the efforts of Albania to complete the transition into a functioning market economy, to promote harmonious economic relations and develop gradually a free trade area between the Community and Albania,

—

to foster regional cooperation in all the fields covered by this Agreement.

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

1.   The position to be taken by the Community within the Stabilisation and Association Council and within the Stabilisation and Association Committee when the latter is empowered to act by the Stabilisation and Association Council shall be determined by the Council, on a proposal by the Commission, or, where appropriate, by the Commission, each in accordance with the corresponding provisions of the Treaties.

2.   The President of the Council shall, in accordance with Article 117(4) of the Agreement, chair the Stabilisation and Association Council. A representative of the Commission shall chair the Stabilisation and Association Committee, in accordance with the Rules of Procedure thereof.

3.   The decision to publish the decisions of the Stabilisation and Association Council and the Stabilisation and Association Committee in the Official Journal of the European Union shall be taken on a case-by-case basis by the Council and the Commission respectively.

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 Definitions

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

(a)

‘originating’, when used in relation to the name of a Contracting Party, shall require that:

(i)

a wine is produced entirely within the Contracting Party concerned solely from grapes which have been wholly harvested in that Party;

(ii)

a spirit drink or aromatised wine is produced within that Contracting Party;

(b)

‘geographical indication’ as listed in Appendix 1 means the indication, as defined in Article 22(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as ‘the TRIPS Agreement’);

(c)

‘traditional expression’ means a traditionally used name, as specified in Appendix 2, referring in particular to the method of production or to the quality, colour, type or place, or a particular event linked to the history of the wine concerned and recognised by the laws and regulations of a Contracting Party for the purpose of describing and presenting such a wine originating in the territory of that Contracting Party;

(d)

‘thomonymous’ means the same geographical indication or same traditional expression, or such a term so similar as to be likely to cause confusion, to denote different places, procedures or things;

(e)

‘description’ means the words used to describe a wine, spirit drink or aromatised wine on a label or documents accompanying the transport of wine, spirit drinks or aromatised wine, on commercial documents, particularly invoices and delivery notes, and advertising material;

(f)

‘labelling’ means all descriptions and other references, signs, designs, geographical indications or trademarks which distinguish wines, spirit drinks or aromatised wines and which appear on the same container, including its sealing device or the tag attached to the container and the sheathing covering the neck of bottles;

(g)

‘presentation’ means the entirety of terms, allusions and the like referring to a wine, spirit drink or aromatised wine used on the labelling, on the packaging; on the containers, the closure, in advertising and/or sales promotion of any kind;

(h)

‘packaging’ means the protective wrappings, such as papers, straw envelopes of any kind, cartons and cases, used in transport of one or more containers or for sale to the ultimate consumer;

(i)

‘produced’ means the entire process of wine-making, spirit drink-making and aromatised wine-making;

(j)

‘wine’ means solely the beverage resulting from full or partial alcoholic fermentation of fresh grapes of the vine varieties referred to in this Agreement, whether or not pressed, or of their must;

(k)

‘vine varieties’ means varieties of plants of Vitis vinifera without prejudice to any legislation which a Party may have in respect of the use of different vine varieties in wine produced in that Party;

(l)

‘WTO Agreement’ means the Marrakesh Agreement establishing the World Trade Organisation done on 15 April 1994.

Article 3

The President of the Council is hereby authorised to designate the person(s) empowered, on behalf of the European Community, to deposit the instrument of approval provided for in Article 135 of the Agreement. The President of the Commission shall deposit the said instrument of approval on behalf of the European Atomic Energy Community.

Article 3

International and regional peace and stability and the development of good neighbourly relations are central to the Stabilisation and Association process referred to in the conclusions of the Council of the European Union of 21 June 1999. The conclusion and the implementation of this Agreement come within the framework of the conclusions of the Council of the European Union of 29 April 1997, and are based on the individual merits of Albania.

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.

Article 4

Albania commits itself to continue and foster cooperation and good neighbourly relations with the other countries of the region including an appropriate level of mutual concessions concerning the movement of persons, goods, capital and services as well as the development of projects of common interest, notably those related to combating organised crime, corruption, money laundering, illegal migration and trafficking, including in particular in human beings and illicit drugs. This commitment constitutes a key factor in the development of the relations and cooperation between the Parties and thus contributes to regional stability.

Article 4 Protected names

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

(a)

as regards wines, spirit drinks or aromatised wines originating in the Community:

—

references to the name of the Member State in which the wine, spirit drink and aromatised wine originates or other names to indicate the Member State,

—

the geographical indications, listed in Appendix 1, Part A, point (a) for wines, point (b) for spirit drinks and point (c) for aromatised wines,

—

traditional expressions listed in Appendix 2;

(b)

as regards wines, spirit drinks or aromatised wines originating in Albania:

—

references to the name ‘Albania’ or any other name designating that country,

—

the geographical indications, listed in Appendix 1, Part B, point (a) for wines, point (b) for spirit drinks and point (c) for aromatised wines.

Article 5

The Parties reaffirm the importance that they attach to the fight against terrorism and the implementation of international obligations in this area.

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:

(a)

are reserved for wines, spirit drinks and aromatised wines originating in the Member State concerned; and

(b)

may not be used by the Community otherwise than under the conditions provided for by the laws and regulations of the Community.

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:

(a)

are reserved for wines, spirit drinks and aromatised wines originating in Albania; and

(b)

may not be used by Albania otherwise than under the conditions provided for by the laws and regulations of Albania.

Article 6

The Association shall be implemented progressively and shall be fully realised over a transitional period of a maximum of 10 years, divided into two successive stages.

The two stages shall not apply to Title IV, for which a specific schedule is laid down under that Title.

The purpose of this division into successive stages is to make a thorough mid-term review of the implementation of this Agreement. In the field of legal approximation and law enforcement, the aim shall be for Albania to concentrate in the first stage on the fundamental elements, with specific benchmarks, of the acquis as described under Title VI.

The Stabilisation and Association Council established under Article 116 shall regularly review the application of this Agreement and the accomplishment by Albania of legal, administrative, institutional and economic reforms in the light of the preamble and in accordance with the general principles laid down in this Agreement.

The first stage shall start upon the date of entry into force of this Agreement. During the fifth year after the date of entry into force of this Agreement, the Stabilisation and Association Council shall evaluate the progress made by Albania, and shall decide whether this progress has been sufficient for the passage into the second stage in order to achieve full Association. It shall also decide on any specific provisions deemed necessary to govern the second stage.

Article 6 Protection of geographical indications

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

(a)

are protected for wines, spirit drinks and aromatised wines originating in the Community; and

(b)

may not be used by the Community otherwise than under the conditions provided for by the laws and regulations of the Community.

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

(a)

are protected for wines, spirit drinks and aromatised wines originating in Albania; and

(b)

may not be used by Albania otherwise than under the conditions provided for by the laws and regulations of Albania.

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:

—

the true origin of the wine, spirit drink or aromatised wine is indicated,

—

the geographical indication in question is used in translation,

—

the name is accompanied by terms such as ‘kind’, ‘type’, ‘style’, ‘imitation’, ‘method’ or other expressions of the sort.

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

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 and Article V of the GATS.

Article 7 Protection of traditional expressions

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

(a)

shall not be used for the description or presentation of wine originating in Albania; and

(b)

may not be used for the description or presentation of wine originating in the Community otherwise than in relation to the wines of the origin and the category and in the language as listed in Appendix 2 and under the conditions provided for by the laws and regulations of the Community.

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:

(a)

to the language or languages in which it appears in Appendix 2 and not in translation; and

(b)

for a category of product in relation to which it is protected for the Community as set out in Appendix 2.

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

Article 8

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.

2.   The political dialogue is intended to promote in particular:

—

Albania’s full integration into the community of democratic nations and gradual rapprochement with the European Union,

—

an increasing convergence of positions of the Parties on international issues, also through the exchange of information as appropriate, and, in particular, on those issues likely to have substantial effects on the Parties,

—

regional cooperation and the development of good neighbourly relations,

—

common views on security and stability in Europe, including cooperation in the areas covered by the Common Foreign and Security Policy of the European Union.

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.

The Parties furthermore agree to cooperate and to contribute to countering the proliferation of weapons of mass destruction and their means of delivery by:

—

taking steps to sign, ratify, or accede to, as appropriate, and fully implement all other relevant international instruments,

—

the establishment of an effective system of national export controls, controlling the export as well as the transit of WMD-related goods, including a WMD end-use control on dual-use technologies and containing effective sanctions for breaches of export controls.

Political dialogue on this matter may take place on a regional basis.

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

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.

2.   At the request of the Parties, political dialogue may also take place in the following formats:

—

meetings, where necessary, of senior officials representing Albania, on the one hand, and the Presidency of the Council of the European Union and the Commission, on the other,

—

taking full advantage of all diplomatic channels between the Parties, including appropriate contacts in third countries and within the United Nations, the OSCE, the Council of Europe and other international forums,

—

any other means which would make a useful contribution to consolidating, developing and stepping up this dialogue.

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.

Article 10

Political dialogue at parliamentary level shall take place within the framework of the Stabilisation and Association Parliamentary Committee established under Article 122.

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

Political dialogue may take place within a multilateral framework, and as a regional dialogue including other countries of the region.

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:

(a)

mutually amend the lists referred to in Article 4 to this Agreement by decision of the Stabilisation and Association Committee to take account of any amendments to the laws and regulations of the Contracting Parties;

(b)

mutually decide, by decision of the Stabilisation and Association Committee, that the Appendices to this Agreement should be modified. The Appendices shall be deemed to be modified from the date recorded in an Exchange of Letters between the Contracting Parties, or the date of the Working Group decision, as the case requires;

(c)

mutually decide the practical conditions referred to in Article 6(6);

(d)

inform each other of the intention to adopt new regulations or amendments of existing regulations of public policy concern, such as health or consumer protection, with implications for the wine, spirit and aromatised wine sector;

(e)

notify each other of any legislative, administrative and judicial decisions concerning the implementation of this Agreement and inform each other of measures adopted on the basis of such decisions.

Article 12

In conformity with its commitment to international and regional peace and stability, and to the development of good neighbourly relations, Albania shall actively promote regional cooperation. The Community assistance programmes may support projects having a regional or cross-border dimension through its technical assistance programmes.

Whenever Albania foresees to reinforce its cooperation with one of the countries mentioned in Articles 13, 14 and 15, it shall inform and consult the Community and its Member States according to the provisions laid down in Title X.

Albania shall review existing bilateral agreements with all relevant countries, or will conclude new ones, in order to ensure that they are compatible with the principles set out in the Memorandum of Understanding on Trade Facilitation and Liberalisation signed in Brussels on 27 June 2001.

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 Cooperation with other countries having signed a Stabilisation and Association Agreement

After the signature of this Agreement, Albania shall start negotiations with the countries which have already signed a Stabilisation and Association Agreement with a view to concluding bilateral Conventions on regional cooperation, the aim of which shall be to enhance the scope of cooperation between the countries concerned.

The main elements of these conventions shall be:

—

political dialogue,

—

the establishment of a free trade area between the Parties, consistent with the relevant WTO provisions,

—

mutual concessions concerning the movement of workers, establishment, supply of services, current payments and movement of capital as well as other policies related to movement of persons at an equivalent level to that of this Agreement,

—

provisions on cooperation in other fields whether or not covered by this Agreement, and notably the field of justice and home affairs.

These Conventions shall contain provisions for the creation of the necessary institutional mechanisms, as appropriate.

These Conventions shall be concluded within two years after the date of entry into force of this Agreement. Readiness by Albania to conclude such Conventions will be a condition for the further development of the relations between Albania and the European Union.

Albania shall initiate similar negotiations with the remaining countries of the region once these countries have signed a Stabilisation and Association 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:

(a)

where descriptions or translations of descriptions, names, inscriptions or illustrations relating to wine, spirit or aromatised wine drinks whose names are protected under this Agreement are used, directly or indirectly, which give false or misleading information as to the origin, nature or quality of the wine, spirit drink or aromatised wine;

(b)

where, for packaging, containers are used which are misleading as to the origin of the wine.

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

(a)

a wine, spirit drink or aromatised wine as defined in Article 2, being or having been traded in Albania and the Community, does not comply with rules governing the wine, spirit drink or aromatised wine sector in the Community or in Albania or with this Agreement; and

(b)

this non-compliance is of particular interest to the other Contracting Party and could result in administrative measures and/or legal proceedings being taken, 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 Cooperation with other countries concerned by the Stabilisation and Association process

Albania shall pursue regional cooperation with the other countries concerned by the Stabilisation and Association process in some or all the fields of cooperation covered by this Agreement, and notably those of common interest. Such cooperation shall be compatible with the principles and objectives of this Agreement.

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.

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 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.

These negotiations shall be opened as soon as possible, with a view to concluding such an Agreement before the end of the transitional period referred to in Article 16(1).

Article 15 Transit of small quantities

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

(a)

pass in transit through the territory of one of the Contracting Parties; or

(b)

originate in the territory of one of the Contracting Parties and which are consigned in small quantities between those Contracting Parties under the conditions and according to the procedures provided for in paragraph 2.

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

(a)

quantities in labelled containers of not more than 5 litres fitted with a non-reusable closing device where the total quantity transported, whether or not made up of separate consignments, does not exceed 50 litres;

(b)

(i)

quantities which are contained in the personal luggage of travellers in quantities not exceeding 30 litres;

(ii)

quantities which are sent in consignments from one private individual to another in quantities not exceeding 30 litres;

(iii)

quantities forming part of the belongings of private individuals who are moving house;

(iv)

quantities which are imported for the purpose of scientific or technical experiments, subject to a maximum of 1 hectolitre;

(v)

quantities which are imported for diplomatic, consular or similar establishments as part of their duty-free allowance;

(vi)

quantities which are held on board international means of transport as victualling supplies.

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

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.

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.

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 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 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:

—

on the date of entry into force of this Agreement, the import duty shall be reduced to 80 % of the basic duty,

—

on 1 January of the first year following the date of entry into force of this Agreement, the import duty shall be reduced to 60 % of the basic duty,

—

on 1 January of the second year following the date of entry into force of this Agreement, the import duty shall be reduced to 40 % of the basic duty,

—

on 1 January of the third year following the date of entry into force of this Agreement, the import duty shall be reduced to 20 % of the basic duty,

—

on 1 January of the fourth year following the date of entry into force of this Agreement, the import duty shall be reduced to 10 % of the basic duty,

—

on 1 January of the fifth year following the date of entry into force of this Agreement, the remaining import duties shall be abolished.

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 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 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 22

Albania declares its readiness to reduce its customs duties in trade with the Community more rapidly than is provided for in Article 19, 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 23

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

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 subheadings 0511 91 , 2301 20 00 and 1902 20 10

Article 25

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

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 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 Headings 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:

(a)

abolish the customs duties applicable on imports of certain agricultural products originating in the Community, listed in Annex II(a);

(b)

reduce progressively the customs duties applicable on imports of certain agricultural products originating in the Community, listed in Annex II(b) in accordance with the timetable indicated for each product in that Annex;

(c)

abolish the customs duties applicable on imports of certain agricultural products originating in the Community, listed in Annex II(c) within the limit of the tariff quota indicated for the products concerned.

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

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.

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 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 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 31

Notwithstanding other provisions of this Agreement, and in particular Articles 38 and 43, 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 25, 27 and 28, 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.