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Law No. 94 Of 10 April 2006

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

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LEGE no. 94 94 of 10 April 2006 for the ratification of the Additional Protocol agreed by the verbal notes exchanged between the Romanian Ministry of Foreign Affairs 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, transmitted in Bucharest on 26 May 2005 and in Tirana on 15 July 2005 respectively, for amendments to the Agreement between the Government of Romania and the Government of the Republic of Albania on the promotion and mutual protection of investments, signed in Bucharest on 11 May 1994
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 356 356 of 20 April 2006



The Romanian Parliament adopts this law + Article UNIC The Additional Protocol agreed by the verbal notes exchanged between the Romanian Ministry of Foreign Affairs 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 Albania, transmitted in Bucharest on 26 May 2005 and in Tirana on 15 July 2005 respectively, for amendments to the Agreement between the Government of Romania and the Government of the Republic of Albania on the promotion and mutual protection of investments signed at Bucharest on 11 May 1994, ratified by Law no. 107/1994 . This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, April 10, 2006. No. 94. + NOTE No 193 The Ministry of Foreign Affairs of Romania presents the greeting or Ministry of Foreign Affairs of the Republic of Albania and, referring to the verbal Note no. 351 dated January 12, 2005, has the honor to propose on behalf of the Romanian Government the conclusion of a protocol between the Romanian Government and the Council of Ministers of the Republic of Albania, by exchange of verbal notes, which will fine the Agreement between the Government Romania and the Government of Albania on the promotion and mutual protection of investments, signed in Bucharest on 11 May 1994, with the following content: " Government of Romania and Council of Ministers of the Republic of Albania, taking note of Romania's intentions to fine the Agreement between the Government of Romania and the Government of the Republic of Albania on the promotion and mutual protection of investments, signed in Bucharest on 11 May 1994, hereinafter referred to as the Agreement compliance with its obligations as a future Member State of the European Union, recognizing that Romania, according to art. 307 of the Treaty establishing the European Community and the deadlines set out in the negotiations on the future Act of Accession to the European Union, must take all necessary steps to eliminate incompatibilities between the Community law and all international agreements concluded, including the Agreement, Acting, therefore, that 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: + Article I In Article 1, paragraph 4 will be read as follows: "" Four. The territory of a Contracting Party shall mean: -as regards Romania, the territory of Romania, including its territorial sea and the airspace above the territory and the territorial sea, on which Romania exercises its sovereignty, as well as the contiguous area, the continental shelf and the area the exclusive economic situation on which Romania exercises its jurisdiction, namely sovereign rights, in accordance with its own legislation and international law; -as regards the Republic of Albania, the territory under the sovereignty of the Republic of Albania, including territorial waters, and the exclusive economic zone and the continental shelf on which the Republic of Albania exercises, in accordance with its laws and national regulations and international law, legal and sovereign rights. " + Article II In Article 3, paragraph 1 will be amended by adding a new wording so that it will be read as follows: "" 1. Without prejudice to the measures adopted by the European Union, none of the Contracting Parties shall submit the investment to the other Contracting Party to treatment less favourable than that accorded to the investments of its own investors or investments of investors of any third country. In Article 3, paragraph 2 will be amended by adding a new wording so that it will be read as follows: "" Two. Without prejudice to the measures adopted by the European Union, none of the Contracting Parties shall submit to the investors of the other Contracting Party, as regards their activity in relation to investments in its territory, to a treatment less favourable than that accorded to investors or investors of any third State. ' + Article III In Article 3, paragraph 3 will be amended by replacing in full the wording previously existing in the Agreement with the following wording: "" 3. The provisions of this Agreement relating to non-discriminatory treatment, national treatment and treatment of the most favoured nation shall not apply to the present or future advantages granted by any Contracting Party, by virtue of belonging to or association with a customs, economic or monetary union, a common market or a free trade area, to its own investors, to the Member States of such a union, common markets or free trade zones or to any third country. ' + Article IV Article 6 (1) will be amended by adding a new wording so that it will be read as follows: "" 1. Without prejudice to the measures adopted by the European Union, each Contracting Party shall, with regard to the investments of the investors of the other Contracting Party, guarantee the free transfer of the invested capital and their income. " + Article V Article 13 will be amended by adding a new paragraph, paragraph 4, with the following contents: "" Four. By way of derogation from paragraph 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 the conformity of its provisions with the obligations of Romania resulting from the quality of European. If such an agreement cannot be obtained, Romania will have the right to unilaterally terminate this Agreement. It will cease to apply on the date on which Romania will become a full member of the European Union or, if the denunciation occurs after the date of accession, 3 months after the receipt of the notification of denunciation. " + Article VI This Additional Protocol will be an integral part of the Agreement, will remain in force for the same duration as the amended Agreement and will be subject to the constitutional procedures required by the national laws of the Contracting Parties. " The Ministry of Foreign Affairs of Romania has the honor to propose, if the text of the protocol is agreed by the Ministry of Foreign Affairs of the Republic of Albania, that this verbal note together with the verbal response note from the Ministry of Business Foreign Republic of Albania to constitute the Protocol between the Government of Romania and the Council of Ministers of the Republic of Albania, which will fine the Agreement between the Government of Romania and the Government of the Republic of Albania on investments, signed in Bucharest on 11 May 1994, and which will enter into force on the date the receipt of the last notification by which the Contracting Parties will communicate to each other the fulfilment of The Ministry of Foreign Affairs of Romania uses this opportunity to renew the Ministry of Foreign Affairs of the Republic of Albania the expression of its high regard. Bucharest, May 26, 2005. ALBANIA REPUBLIC MINISTRY OF FOREIGN AFFAIRS + NOTE No 8.616 The Ministry of Foreign Affairs of the Republic of Albania presents the greeting or the Ministry of Foreign Affairs of Romania and has the honor to confirm the receipt of the 193 of 26 May 2005, with the following content: " The Ministry of Foreign Affairs of Romania presents the greeting or Ministry of Foreign Affairs of the Republic of Albania and, referring to the verbal note no. 351 dated January 12, 2005, has the honor to propose on behalf of the Romanian Government the conclusion of a protocol between the Romanian Government and the Council of Ministers of the Republic of Albania, by exchange of verbal notes, which will fine the Agreement between the Government Romania and the Government of Albania on the promotion and mutual protection of investments, signed in Bucharest on 11 May 1994, with the following content: " Government of Romania and Council of Ministers of the Republic of Albania, taking note of Romania's intentions to fine the Agreement between the Government of Romania and the Government of the Republic of Albania on the promotion and mutual protection of investments, signed in Bucharest on 11 May 1994, hereinafter referred to as the Agreement compliance with its obligations as a future Member State of the European Union, recognizing that Romania, according to art. 307 of the Treaty establishing the European Community and the deadlines set out in the negotiations on the future Act of Accession to the European Union, must take all necessary steps to eliminate incompatibilities between the Community law and all international agreements concluded, including the Agreement, Acting, therefore, that 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: + Article I In Article 1, paragraph 4 will be read as follows: "" Four. The territory of a Contracting Party shall mean: -as regards Romania, the territory of Romania, including its territorial sea and the airspace above the territory and the territorial sea, on which Romania exercises its sovereignty, as well as the contiguous area, the continental shelf and the area the exclusive economic situation on which Romania exercises its jurisdiction, namely sovereign rights, in accordance with its own legislation and international law; -as regards the Republic of Albania, the territory under the sovereignty of the Republic of Albania, including territorial waters, and the exclusive economic zone and the continental shelf on which the Republic of Albania exercises, in accordance with its laws and national regulations and international law, legal and sovereign rights. " + Article II In Article 3, paragraph 1 will be amended by adding a new wording so that it will be read as follows: "" 1. Without prejudice to the measures adopted by the European Union, none of the Contracting Parties shall submit the investment to the other Contracting Party to treatment less favourable than that accorded to the investments of its own investors or investments of investors of any third country. In Article 3, paragraph 2 will be amended by adding a new wording so that it will be read as follows: "" Two. Without prejudice to the measures adopted by the European Union, none of the Contracting Parties shall submit to the investors of the other Contracting Party, as regards their activity in relation to investments in its territory, to a treatment less favourable than that accorded to investors or investors of any third State. ' + Article III In Article 3, paragraph 3 will be amended by replacing in full the wording previously existing in the Agreement with the following wording: "" 3. The provisions of this Agreement relating to non-discriminatory treatment, national treatment and treatment of the most favoured nation shall not apply to the present or future advantages granted by any Contracting Party, by virtue of belonging to or association with a customs, economic or monetary union, a common market or a free trade area, to its own investors, to the Member States of such a union, common markets or free trade zones or to any third country. ' + Article IV Article 6 (1) will be amended by adding a new wording so that it will be read as follows: "" 1. Without prejudice to the measures adopted by the European Union, each Contracting Party shall, with regard to the investments of the investors of the other Contracting Party, guarantee the free transfer of the invested capital and their income. " + Article V Article 13 will be amended by adding a new paragraph, paragraph 4, with the following contents: "" Four. By way of derogation from paragraph 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 the conformity of its provisions with the obligations of Romania resulting from the quality of European. If such an agreement cannot be obtained, Romania will have the right to unilaterally terminate this Agreement. It will cease to apply on the date on which Romania will become a full member of the European Union or, if the denunciation occurs after the date of accession, 3 months after the receipt of the notification of denunciation. " + Article VI This Additional Protocol will be an integral part of the Agreement, will remain in force for the same duration as the amended Agreement and will be subject to the constitutional procedures required by the national laws of the Contracting Parties. " The Ministry of Foreign Affairs of Romania has the honor to propose, if the text of the protocol is agreed by the Ministry of Foreign Affairs of the Republic of Albania, that this verbal note together with the verbal response note from the Ministry of Business Foreign Republic of Albania to constitute the Protocol between the Government of Romania and the Council of Ministers of the Republic of Albania, which will fine the Agreement between the Government of Romania and the Government of the Republic of Albania on investments, signed in Bucharest on 11 May 1994, and which will enter into force on the date the receipt of the last notification by which the Contracting Parties will communicate to each other the fulfilment of The Ministry of Foreign Affairs of Romania uses this opportunity to renew the Ministry of Foreign Affairs of the Republic of Albania the expression of its high regard. " The Ministry of Foreign Affairs of the Republic of Albania also has the honour to accept, on behalf of the Council of Ministers of the Republic of Albania, the proposal described in the above-mentioned verbal note and to agree that the ministry's verbal note together with this verbal response note will be the Protocol between the Government of Romania and the Council of Ministers of the Republic of Albania to amend the Agreement between the Government of Romania and the Government of the Republic of Albania on mutual protection of investments, signed in Bucharest on 11 May 1994, which will enter into force on the date of receipt of the last notification by which the Contracting Parties will communicate to each other the fulfilment The Ministry of Foreign Affairs of the Republic of Albania uses this opportunity to renew the Ministry of Foreign Affairs of Romania to ensure its high regard. Tirana, 15 July 2005. -----------