Law No. 94 Of 10 April 2006

Original Language Title:  LEGE nr. 94 din 10 aprilie 2006

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Law No. 94 of 10 April 2006 on the ratification of the additional protocol agreed by verbal notes exchanged between the Ministry of Foreign Affairs of Romania and the Ministry of Foreign Affairs of the Republic of Albania, on behalf of the Romanian Government and the Council of Ministers of the Republic of Albania, in Bucharest on 26 May 2005, respectively, in Tirana on 15 July 2005, for amendments to the agreement between the Government of Romania and the Government of the Republic of Albania on mutual promotion and protection of investments , signed at Bucharest on 11 May 1994 PARLIAMENT ISSUING published in MONITORUL OFICIAL nr. 356 of 20 April 2006 Parliament adopts this law.


The sole article shall be ratified Additional Protocol agreed by verbal notes exchanged between the Ministry of Foreign Affairs of Romania and the Ministry of Foreign Affairs of the Republic of Albania, on behalf of the Romanian Government and the Council of Ministers of the Republic of Albania, in Bucharest on 26 May 2005, respectively, in Tirana on 15 July 2005, for amendments to the agreement between the Government of Romania and the Government of the Republic of Albania on mutual promotion and protection of investments , signed at Bucharest on 11 May 1994, ratified by law No. 107/1994.
This law was adopted in the Romanian Parliament, in compliance with the provisions of art. 75 and of art. 76 para. (2) of the Constitution of Romania, republished.
PRESIDENT of the CHAMBER of DEPUTIES BOGDAN OLTEANU PRESIDENT of SENATE NICOLAE VĂCĂROIU Bucharest, April 10, 2006.
No. 94.


NOTE No. 193 of the Romanian Ministry of Foreign Affairs presents its greetings to the Ministry of Foreign Affairs of the Republic of Albania and, with reference to Note verbale No. 351 dated 12 January 2005, has the honour to propose, on behalf of the Romanian Government's conclusion of a protocol between the Government and the Council of Ministers of the Republic of Albania, through an exchange of verbal notes, which will amend the agreement between the Government of Romania and the Government of the Republic of Albania on mutual promotion and protection of investments, signed at Bucharest on 11 May 1994, having read : "the Government and the Council of Ministers of the Republic of Albania, noting Romania's intentions to amend the agreement between the Government of Romania and the Government of the Republic of Albania on mutual promotion and protection of investments, signed at Bucharest on 11 May 1994, hereinafter referred to as the agreement, in order to comply with the obligations incumbent on it as a future Member State of the European Union, recognizing the fact that Romania in accordance with article 307 of the Treaty establishing the European Community and the deadlines laid down in the negotiations concerning the future of the Act of accession to the European Union, must take all necessary steps to eliminate the incompatibilities between Community law and all international agreements concluded, including the agreement, acting, therefore, that there is a need for certain amendments to be made to the agreement in order to avoid such incompatibilities , have agreed to conclude the following additional protocol to the agreement:% quot% article I article 1, paragraph 4 shall read as follows: "4. the term of the territory of a contracting party means:-in respect of Romania, the Romanian territory, including its territorial sea and airspace above territory and territorial sea, over which Romania exercises sovereignty, as well as the contiguous zone, the continental shelf and exclusive economic zone over which Romania exercises jurisdiction sovereign rights, respectively, in accordance with its own law, and international law;
-in respect of the Republic of Albania, the territory under the sovereignty of the Republic of Albania, including the territorial sea, and exclusive economic zone and the continental shelf over which the Republic of Albania shall exercise, in compliance with national laws and regulations and international law, legal rights and sovereignty. "


Article II article 3, paragraph 1 shall be amended by adding a new wording so that it will read as follows: "1. Without prejudice to the measures adopted by the European Union, none of the parties will not be subject to the investment the other Contracting Party a treatment less favourable than that accorded to investments of its own investors or investments of investors of any third State."
In article 3, paragraph 2 shall be amended by adding a new wording so that it will read as follows: "2. Without prejudice to the measures adopted by the European Union, none of the parties will not be subject to the investors of the other Contracting Parties, in respect of their work in connection with the investments in its territory, a treatment less favourable than that accorded to its own investors or to investors of any third State."


Article III to article 3, paragraph 3 shall be amended by replacing the full wording of previously existing in accordance with the following formula: "3. the provisions of this Agreement relating to non-discriminatory treatment, national treatment and most favoured nation treatment shall not apply to advantages granted by present or future either Contracting Party by virtue of membership in or association with a Customs Union economic times, a common market or free trade area, their own investors, the Member States of such unions, common markets times free trade zone or of any third State. "


Article IV article 6 1 shall be amended by adding a new wording so that it will read as follows: "1. Without prejudice to the measures adopted by the European Union, each Contracting Party shall ensure, with regard to investments of investors of the other Contracting Party the free transfer of capital invested and their income.


Article V Article 13 will be amended by adding a new paragraph, paragraph 4, with the following content: «4. By way of derogation from paragraph 1. 1 in the case of Romania's accession to the European Union, this agreement will be amended, if necessary, by agreement of the parties, in order to ensure compliance with the provisions of its obligations arising from the quality of the Romanian member of the European Union. If such agreement cannot be achieved, Romania will have the right to unilaterally terminate this agreement. It shall cease to apply from the date on which Romania will become a full-fledged member of the European Union or, if the denunciation is occurring after the date of accession, three months after receipt of the notification of denunciation.»


Article VI This protocol will forms an integral part of the agreement, shall remain in force for the same duration as the Agreement amended and will be subject to the constitutional procedures required by the national laws of the Contracting Parties. "
Ministry of Foreign Affairs of Romania has the honor to propose that, if the text of the Protocol is approved by the Ministry of Foreign Affairs of the Republic of Albania, as this note verbale together with verbal note of the response from the Ministry of Foreign Affairs of the Republic of Albania to establish the Protocol between the Government and the Council of Ministers of the Republic of Albania, which will amend the agreement between the Government of Romania and the Government of the Republic of Albania on mutual promotion and protection of investments , signed at Bucharest on 11 May 1994, and which will enter into force on the date of receipt of the last notification by the Contracting Parties shall communicate to each other the performance of internal legal procedures.
Ministry of Foreign Affairs of Romania uses this opportunity to renew to the Ministry of Foreign Affairs of the Republic of Albania the assurance of its highest consideration.
Bucharest, May 26, 2005.
The REPUBLIC of ALBANIA, MINISTRY of FOREIGN AFFAIRS No. 8,616 NOTE Ministry of Foreign Affairs of the Republic of Albania presents his salute Romanian Ministry of Foreign Affairs and has the honor to acknowledge receipt of the note verbale No. 193 of 26 May 2005, having regard to the following content: "the Ministry of Foreign Affairs of Romania presents his greeting Ministry of Foreign Affairs of the Republic of Albania and, with reference to note verbale No. 351 dated 12 January 2005, has the honour to propose, on behalf of the Romanian Government's conclusion of a protocol between the Government and the Council of Ministers of the Republic of Albania, through an exchange of verbal notes, which will amend the agreement between the Government of Romania and the Government of the Republic of Albania on mutual promotion and protection of investments, signed at Bucharest on 11 May 1994, having read "the Government and the Council of Ministers of the Republic of Albania, noting Romania's intentions to amend the agreement between the Government of Romania and the Government of the Republic of Albania on mutual promotion and protection of investments, signed at Bucharest on 11 May 1994, hereinafter referred to as the agreement, in order to comply with the obligations incumbent on it as a future Member State of the European Union, recognizing the fact that Romania in accordance with article 307 of the Treaty establishing the European Community and the deadlines laid down in the negotiations concerning the future of the Act of accession to the European Union, must take all necessary steps to eliminate the incompatibilities between Community law and all international agreements, including the agreement concluded

acting, therefore, it is necessary for certain amendments to be made to the agreement in order to avoid such incompatibilities, have agreed to conclude the following additional protocol to the agreement:% quot% article I article 1, paragraph 4 shall read as follows: "4. the term of the territory of a contracting party means:-in respect of Romania, the Romanian territory, including its territorial sea and airspace above territory and territorial sea over which Romania exercises sovereignty, as well as the contiguous zone, the continental shelf and exclusive economic zone over which Romania exercises sovereign rights or jurisdiction, respectively, in accordance with its own law, and international law;
-in respect of the Republic of Albania, the territory under the sovereignty of the Republic of Albania, including the territorial sea, and exclusive economic zone and the continental shelf over which the Republic of Albania shall exercise, in compliance with national laws and regulations and international law, legal rights and sovereignty. "


Article II article 3, paragraph 1 shall be amended by adding a new wording so that it will read as follows: "1. Without prejudice to the measures adopted by the European Union, none of the parties will not be subject to the investment the other Contracting Party a treatment less favourable than that accorded to investments of its own investors or investments of investors of any third State."
In article 3, paragraph 2 shall be amended by adding a new wording so that it will read as follows: "2. Without prejudice to the measures adopted by the European Union, none of the parties will not be subject to the investors of the other Contracting Parties, in respect of their work in connection with the investments in its territory, a treatment less favourable than that accorded to its own investors or to investors of any third State."


Article III to article 3, paragraph 3 shall be amended by replacing the full wording of previously existing in accordance with the following formula: "3. the provisions of this Agreement relating to non-discriminatory treatment, national treatment and most favoured nation treatment shall not apply to advantages granted by present or future either Contracting Party by virtue of membership in or association with a Customs Union economic times, a common market or free trade area, their own investors, the Member States of such unions, common markets times free trade zone or of any third State. "


Article IV article 6 1 shall be amended by adding a new wording so that it will read as follows: "1. Without prejudice to the measures adopted by the European Union, each Contracting Party shall ensure, with regard to investments of investors of the other Contracting Party the free transfer of capital invested and their income."


Article V Article 13 will be amended by adding a new paragraph, paragraph 4 with the following: "4. By way of derogation from paragraph 1. 1 in the case of Romania's accession to the European Union, this agreement will be amended, if necessary, by agreement of the parties, in order to ensure compliance with the provisions of its obligations arising from the quality of the Romanian member of the European Union. If such agreement cannot be achieved, Romania will have the right to unilaterally terminate this agreement. It shall cease to apply from the date on which Romania will become a full-fledged member of the European Union or, if the denunciation is occurring after the date of accession, three months after receipt of the notification of denunciation. "


Article VI This protocol will forms an integral part of the agreement, shall remain in force for the same duration as the Agreement amended and will be subject to the constitutional procedures required by the national laws of the Contracting Parties.
Ministry of Foreign Affairs of Romania has the honor to propose that, if the text of the Protocol is approved by the Ministry of Foreign Affairs of the Republic of Albania, as this note verbale together with verbal note of the response from the Ministry of Foreign Affairs of the Republic of Albania to establish the Protocol between the Government and the Council of Ministers of the Republic of Albania, which will amend the agreement between the Government of Romania and the Government of the Republic of Albania on mutual promotion and protection of investments , signed at Bucharest on 11 May 1994, and which will enter into force on the date of receipt of the last notification by the Contracting Parties shall communicate to each other the performance of internal legal procedures.
Ministry of Foreign Affairs of Romania uses this opportunity to renew to the Ministry of Foreign Affairs of the Republic of Albania the assurance of its highest consideration. "
Ministry of Foreign Affairs of the Republic of Albania has also the honour to accept, on behalf of the Council of Ministers of the Republic of Albania, the proposal outlined in the note verbale mentioned above and warms up to that note verbale to the Ministry together with this note verbale will constitute the response Protocol between the Government and the Council of Ministers of the Republic of Albania for the amendment of the agreement between the Government of Romania and the Government of the Republic of Albania on mutual promotion and protection of investments , signed at Bucharest on 11 May 1994, which will enter into force on the date of receipt of the last notification by the Contracting Parties shall communicate to each other the performance of internal legal procedures.
Ministry of Foreign Affairs of the Republic of Albania uses this opportunity to renew to the Ministry of Foreign Affairs of Romania, securing its highest considerations.
Tirana, July 15, 2005.
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