Key Benefits:
Translation 1
(State on 4 October 2011)
Preamble
Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Confederate I Swiss
(hereinafter referred to as "the EFTA States"),
On one hand,
And the Republic of Albania
(hereinafter 'Albania'),
On the other hand,
Hereinafter referred to as "Parties" or collectively "Parties",
Recognising their common wish to strengthen the links between Albania, on the one hand, and the EFTA States, on the other, by establishing close and lasting relations,
Recalling their intention to participate actively in the Euro-Mediterranean economic integration process and expressing their willingness to cooperate in seeking ways and means to strengthen this process,
Reaffirming their commitment to democracy, human rights, fundamental freedoms and political and economic freedoms, in accordance with their obligations under international law, including the Charter of the United Nations 3 The Universal Declaration of Human Rights,
Reaffirming their commitment to economic and social development, the protection of health and safety and respect for the fundamental rights of workers, including the principles enshrined in the relevant conventions of the Organization International Labour Organization (ILO) 4 ,
Wanting to create new jobs and improve health and living standards in their respective territories,
To create favourable conditions for the development and diversification of trade between them and to promote their trade and economic cooperation in areas of common interest, on the basis of equality, Mutual benefit, non-discrimination and international law,
Determined to promote and further strengthen the multilateral trading system, based on their respective rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization 5 (hereinafter referred to as "WTO Agreement") And other agreements negotiated in this framework, thus contributing to the harmonious development and expansion of world trade,
Whereas no provision of this Agreement may be interpreted in such a way as to exempt Parties from their obligations under other international agreements, including the Marrakesh Agreement Establishing the WTO and other negotiated agreements Within this framework,
Committed to the implementation of this Agreement with the intention of preserving and protecting the environment and ensuring the use of natural resources in accordance with the principle of sustainable development,
Affirming their commitment to the rule of law to prevent and combat corruption in international trade and investment and to promote the principles of transparency and good governance,
Acknowledging the importance of responsible business management and its contribution to sustainable economic development and affirming their support for efforts to promote the relevant international standards,
Declaring their willingness to examine the possibility of developing and deepening their economic relations with a view to extending them to fields not covered by this Agreement,
Convinced that this Agreement will enhance the competitiveness of their enterprises in global markets and that it will create favourable conditions for relations in the fields of the economy, trade and investment,
Decided, with the intention of pursuing the above objectives, to conclude the following Agreement (hereinafter referred to as "this Agreement"):
1. Albania and the EFTA States shall establish by this Agreement and the supplementary agreements on trade in agricultural products, concluded simultaneously between Albania and each EFTA State, a free trade area with a view to stimulating the Prosperity and economic development in their territories.
2. The objectives of this Agreement, which is based on trade relations between market economies and on respect for democratic principles and human rights, are as follows:
This Agreement shall apply to trade relations between Albania, on the one hand, and each of the EFTA States, on the other hand, but does not apply to trade relations between the different EFTA States, unless otherwise provided for by this Agreement. Agreement.
Without prejudice to the provisions of Protocol B, this Agreement shall apply to:
(2) This Agreement shall not apply to the Norwegian territory of Svalbard, with the exception of trade in goods.
Each Party shall ensure in its territory that all obligations and commitments under this Agreement are fulfilled by its Governments and central, regional and local authorities, as well as by its non-governmental organizations In the exercise of governmental powers delegated to them by central, regional and local governments or authorities.
The Parties shall publish or otherwise make public their laws, regulations, judicial decisions, administrative rules of general application and their respective international agreements which may affect the operation of this Agreement.
2. Each Party undertakes to make every effort to publish in advance, in particular on the Internet, the laws it intends to adopt in respect of the international trade in goods and services related to them; each Party shall Opportunity for interested persons to submit comments prior to the enactment of such legislation.
3. The Parties shall respond promptly to specific questions and shall, upon request, provide each other with information concerning the cases referred to in para. 1. They are not required to disclose confidential information.
4. The Parties shall administer in a uniform and impartial manner all laws, regulations and administrative decisions relating to the international trade in goods and services related to them.
This Chapter applies to the following products originating in an EFTA or Albania state:
2. Albania and each EFTA State have concluded agreements bilaterally on trade in agricultural products. These agreements form part of the instruments establishing a free trade area between Albania and the EFTA states.
The provisions on rules of origin and methods of administrative cooperation are set out in Protocol B.
2. The Parties shall consider favourably the requests for negotiations to conclude bilateral agreements on mutual administrative assistance in customs matters.
On the entry into force of this Agreement, the Parties shall abolish all customs duties on imports and exports of products originating in Albania or an EFTA State covered by Art. 6, para. 1, except as otherwise provided in the relevant annexes and protocols. No new customs duties shall be introduced or no customs duties already applied in the trade between the Parties shall be increased unless otherwise provided for in Art. 1 of Protocol A.
2. Customs duties include any duty or tax, regardless of its nature, including any form of surtax or surcharges imposed in connection with the importation or exportation of a good, other than any tax imposed in accordance with ss. III and VIII of GATT 1994 1 .
The rights and obligations of the Parties concerning export and import restrictions are governed by s. GATT 1994 1 , which is incorporated into and is an integral part of this Agreement.
(1) The Parties undertake to apply any internal tax or other measure or regulation in accordance with Art. GATT 1994 1 And with other relevant WTO agreements.
2. Exporters may not, in respect of products exported to the territory of a Party, benefit from a remission of internal taxation in excess of the amount of taxation that has indirectly affected those goods.
1. The rights and obligations of the Parties regarding sanitary and phytosanitary measures are governed by the WTO Agreement on Sanitary and Phytosanitary Measures 1 .
2. The Parties shall exchange names and addresses of points of contact with expertise in sanitary and phytosanitary matters, in order to facilitate communication and exchange of information.
1. The rights and obligations of the Parties with respect to technical regulations, standards and conformity assessment are governed by the provisions of the WTO Agreement on Technical Barriers to Trade 1 .
2. The Parties shall strengthen their cooperation in technical regulations, standards and conformity assessment in order to increase mutual understanding of their respective systems and to facilitate access to their respective markets.
In accordance with the provisions laid down in Annex III to facilitate trade between Albania and the EFTA States Parties shall:
1. A subcommittee of the Joint Committee on Rules of Origin, Customs Procedures and Trade Facilitation (hereinafter referred to as "subcommittee") Is established in reference to art. 7, 8 and 13.
2. Schedule IV specifies the mandate of the sub-committee.
The rights and obligations of the Parties in respect of State commercial enterprises shall be governed by Art. GATT 1994 1 And the Understanding on the Interpretation of Art. GATT 1994 2 , which are incorporated in this Agreement and form an integral part thereof.
1. The rights and obligations of the Parties concerning subsidies and countervailing measures shall be governed by Art. GATT 1994, VI and XVI 1 And the WTO Agreement on Subsidies and Countervailing Measures 2 Subject to the provisions set out in para. 2.
2. Before Albania or an EFTA State, as the case may be, initiate an investigation to determine the existence, degree and impact of any alleged subsidy in Albania or an EFTA State, in accordance with Art. 11 of the WTO Agreement on Subsidies and Countervailing Measures, the Party considering such an investigation shall notify it in writing to the Party whose goods are subject to the investigation and shall have a period of 45 days to find a Mutually acceptable solution. Consultations shall take place within the Joint Committee within 20 days of receipt of the notification, if requested by one of the Parties.
1. No Party shall apply anti-dumping measures, as provided for in Art. GATT 1994 1 And in the Agreement on the Implementation of Art. VI of the GATT 1994 2 , in relation to products originating in another Party.
2. The Parties recognize that the effective implementation of the competition rules may address the economic causes leading to dumping.
1. Incompatible with the proper functioning of this Agreement, to the extent that they are likely to affect trade between Albania and an EFTA State:
2. The provisions of para. 1 shall also apply to the activities of public undertakings and to undertakings to which the Parties grant special or exclusive rights within the limits where the application of these provisions does not prevent The performance, in law or in fact, of the public tasks assigned to them.
3. The provisions of paras. 1 and 2 cannot be interpreted in such a way as to create any direct obligations for undertakings.
4. If one of the Parties considers that a particular practice is incompatible with the provisions of paras. 1 and 2, the Parties concerned are required to provide the Joint Committee with the assistance required to examine the case and, where appropriate, to eliminate the practice in question. If the Party concerned does not end the impugned practice within the time limits fixed by the Joint Committee, or if the Joint Committee fails to reach an agreement after consultations or at the end of a period of thirty days after the filing of the request for Consultations, the other Party may adopt appropriate measures to remedy the difficulties arising from the practice in question.
The rights and obligations of the Parties in respect of general safeguard measures shall be governed by Art. XIX of GATT 1994 1 And the WTO Agreement on Safeguard Measures 2 . When taking general safeguard measures, a Party shall exclude imports of a product originating in one or more Parties if such imports, in themselves and on their own, do not cause or threaten to cause Serious injury. The Party taking the measure demonstrates that such an exclusion is in conformity with WTO rules and practices.
1. If the reduction or elimination of the customs duties provided for in this Agreement causes such an important increase in imports of any product originating in a Party in the territory of another Party, in absolute volumes or In respect of domestic production, under such conditions as to constitute a substantial cause or threat of serious injury to the domestic industry which produces the same goods or directly competing products on The territory of the importing Party may take safeguard measures To the minimum proportions required to remedy the injury or to prevent it, while respecting the conditions set out in paras. 2 to 10.
2. Bilateral safeguard measures are taken only if the evidence is clearly provided on the basis of a survey conducted in accordance with the procedures of the WTO Agreement on Safeguards 1 That the increase in imports has caused or is threatening to cause serious injury.
3. The Party which intends to take a bilateral safeguard action under this Article shall immediately notify the other Parties and the Joint Committee thereof, in all cases before taking the action. The notification shall contain all relevant information, including proof of serious injury or threat of such damage due to the increase in imports, a precise description of the product concerned, the proposed measure and The proposed date of its introduction, the probable duration of the measure and the timetable for its gradual withdrawal. The Party liable to be affected by the safeguard measure shall be offered compensation in the form of trade liberalization substantially equivalent to imports from any Party.
4. If the conditions set out in para. 1 is fulfilled, the importing Party may take measures to raise the rate of customs duties of the product concerned at a level not exceeding the lowest value between:
5. Bilateral safeguard measures shall be taken for a period not exceeding one year. In very exceptional circumstances, after the Joint Committee has considered the case, measures may be taken for a total period of up to three years. No measure may be applied to the importation of a product that has previously been the subject of such a measure.
6. Within 30 days from the date of notification referred to in para. 3, the Joint Committee reviews the information provided, in order to facilitate a mutually acceptable resolution of the case. In the absence of such a resolution, the importing Party may adopt a measure under para. 4 to remedy the problem and, in the absence of mutually agreed compensatory measures, the Party whose product is the subject of the measure may take compensatory measures. The bilateral safeguard measure and the compensatory measure shall be notified immediately to the other Parties and to the Joint Committee. The choice of the bilateral safeguard measure and the compensatory measure shall, as a matter of priority, relate to the measure disturbing the operation of this Agreement at least. The compensatory measure normally consists of the suspension of equivalent trade concessions in substance or equivalent concessions in substance to the value of the additional duties expected from the bilateral safeguard measure. The Party taking a countervail action shall apply it only for the minimum period necessary to obtain the equivalent trade effects in substance and, whatever the circumstances, as long as the measure referred to in Al. 4 is applied.
7. At the expiration of the measure, the rate of duty is the rate that would have been applied in the absence of the measure.
8. If the circumstances are critical and a delay would result in difficult damage to be repaired, a Party may take a provisional emergency action, following clear preliminary evidence that the increase in imports is A substantial cause of serious injury or threat of such harm to its domestic industry. The Party intending to take such action shall immediately notify the other Parties and the Joint Committee thereof. The procedures provided for in paras. 2 to 6, including those relating to compensatory measures, shall be instituted within 30 days from the date of such notification. Any compensation shall be based on the total period of application of the provisional emergency measure and the emergency measure.
9. Any interim measure shall expire at the latest after a period of 200 days. The period of application of any such interim measure shall be taken into account in the duration of the action referred to in para. 5 and in its extension. Any tariff increase shall be promptly refunded if the investigation described in para. 2 does not disclose that the conditions set out in para. 1 are completed.
10. Five years after the date of entry into force of this Agreement, the Parties shall review within the Joint Committee whether it is necessary to maintain the possibility of bilateral safeguard measures between them. If the Parties decide to maintain such a possibility after the first re-evaluation, they will then revisit the issue at a biennial pace within the Joint Committee.
The rights and obligations of the Parties with respect to general exceptions are governed by s. GATT XX, 1994 1 , which is incorporated into and is an integral part of this Agreement.
(1) The Parties shall grant and ensure adequate, effective and non-discriminatory protection of intellectual property rights. They shall take measures to ensure that these rights are respected in the event of infringements, counterfeiting and piracy, in accordance with the provisions of this Article, Annex V and the international agreements mentioned therein.
(2) The Parties shall accord to nationals of other Parties treatment no less favourable than that accorded to their own nationals. Exceptions to this obligation must be in accordance with the substantive provisions of s. 3 and 5 of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights 1 (hereinafter "the TRIPS Agreement").
3. The Parties shall accord to nationals of other Parties treatment no less favourable than that granted to nationals of any third State. Exceptions to this obligation must comply with the substantive provisions of the TRIPS Agreement, in particular its art. 4 and 5.
4. The Parties agree, at the request of a Party to the Joint Committee, to reconsider the provisions on the protection of intellectual property rights contained in this Article and in Annex V, with a view to further improving the level of Protection that they provide and to avoid trade distortions caused by or to remedy the current levels of protection of intellectual property rights.
The Parties shall endeavour to provide stable, fair and transparent investment conditions in their territories to investors of other Parties who are engaged in or seeking to make investments in their territories.
2. The Parties shall admit the investments of investors of other Parties in accordance with their laws and regulations. They agree that it is inappropriate to encourage investment by lowering health, safety or environmental standards.
3. The Parties recognize the importance of promoting the flow of investment and technology as a means of achieving economic growth and development. Cooperation in this area may include:
4. The Parties undertake to review the investment issues within the Joint Committee no later than five years after the entry into force of this Agreement, including the right of establishment of investors of a Party in the Territory Of another Party.
5. Albania, on the one hand, Iceland, the Principality of Liechtenstein and the Swiss Confederation, of the other part, shall refrain from any arbitrary or discriminatory measures in respect of investment by investors of another Party referred to in the Paragraph and shall comply with any obligation incurred by them in respect of a specific investment by an investor of another Party referred to in this paragraph.
1. The Parties undertake to achieve gradual liberalisation and the opening up of their markets in trade in services, in accordance with the provisions of the General Agreement on Trade in Services 1 (hereinafter referred to as " the GATS), taking into account the work under way under the auspices of the WTO.
2. Where, after the entry into force of this Agreement, a Party grants additional access to its services contracts to a non-Party, it shall provide adequate negotiating opportunities with a view to extending these benefits to the Another Party on a reciprocal basis.
3. The Parties undertake to maintain paras. 1 and 2 to the examination with a view to establishing an agreement to liberalise trade in services, in accordance with Art. V of the GATS.
1. The Parties shall strengthen their mutual understanding of their public procurement laws and regulations with a view to progressively liberalising their respective public procurement markets on a non-discrimination and reciprocal basis.
2. In order to improve transparency, the Parties shall publish their laws or otherwise make public their laws, regulations and administrative rules of general application, as well as their respective international agreements which may affect their Public procurement. The Parties shall respond promptly to the specific questions and shall, upon request, transmit the information referred to in this paragraph to the other.
3. Where, after the entry into force of this Agreement, a Party grants additional benefits in respect of access to its public contracts to a non-Party, it agrees to enter into negotiations with a view to extending these benefits to another Party on A reciprocal basis.
Subject to the provisions of Art. 29, the Parties undertake to authorize, in a freely convertible currency, any payment for current transactions.
(1) The Parties shall ensure that capital for investments in enterprises established in accordance with their laws, income arising therefrom and the amounts resulting from the liquidation of investments are freely Transferable.
2. The Parties shall consult each other with a view to facilitating the movement of capital between Albania and the EFTA States and to achieve full liberalisation as soon as the conditions are met.
If Albania or an EFTA State is in serious balance of payments difficulties or is threatened, Albania or the EFTA State concerned may, in accordance with the conditions laid down in the GATT and in Art. VIII and XIV of the Statute of the International Monetary Fund 1 , adopt restrictive measures on current transactions, on condition that they are strictly necessary. Albania or the EFTA State concerned, as the case may be, shall immediately inform the other Parties and shall promptly provide them with a timetable for the lifting of such measures.
It is understood that the obligations set out in this Chapter are without prejudice to the fair, non-discriminatory and good faith application of measures arising from judicial decisions, judgments and administrative procedures. It is also understood that the right of an investor to freely transfer amounts related to his investment is without a preliminary ruling from any tax liability that may be borne by him.
1. By this Agreement, the Parties shall establish the Joint EEA-EFTA Committee. It is composed of representatives of the Parties and is headed by ministers or by senior officials delegated for this purpose.
2. The Joint Committee:
The Joint Committee may decide to set up the sub-committees and working groups it deems necessary to assist it in the performance of its tasks. Unless otherwise specified in this Agreement, subcommittees and working groups shall act on the terms of reference of the Joint Committee.
The Joint Committee shall take its decisions in accordance with the provisions of this Agreement and shall make its recommendations by consensus.
The Joint Committee shall meet within one year of the entry into force of this Agreement. Thereafter, it meets whenever necessary, by mutual consent, but normally every two years. The Joint Committee meetings shall be chaired jointly by Albania and one of the EFTA States. The Joint Committee shall establish its rules of procedure.
6. Each Party may request at any time, through a written message to the other Parties, the holding of a special meeting of the Joint Committee. Such a meeting shall take place within 30 days of receipt of the request, unless the Parties otherwise agree.
The Committee may decide to amend the Annexes and the Protocols to this Agreement. Subject to the provisions of para. 8, the Joint Committee may fix a date for the entry into force of such decisions.
8. If a representative of a Party to the Joint Committee has accepted a decision subject to constitutional requirements, the decision shall enter into force on the day on which the last Party notifies that its internal requirements have been fulfilled, unless The decision itself does not specify a later date. The Joint Committee may decide that the decision shall enter into force for those Parties that have fulfilled their internal requirements, provided that Albania is one of those Parties. A Party may apply a decision of the Joint Committee provisionally until its entry into force for that Party, subject to its constitutional requirements.
1. In the event of a discrepancy in the interpretation, implementation and application of this Agreement, the Parties shall endeavour through cooperation and consultations to find a mutually satisfactory solution.
(2) Any Party may request, in writing, consultations with any other Party concerning any current or proposed action or any other matter that it considers likely to affect the operation of this Agreement. The Party requesting consultations shall simultaneously notify the other Parties in writing and shall provide all relevant information.
3. Consultations shall be held within the Joint Committee, if requested by either Party within 20 days of receipt of the notification referred to in para. 2, with a view to finding a mutually acceptable solution. If the requested Party in accordance with para. 2 or this paragraph does not respond within ten days or if it does not enter into consultations within 20 days from the date of receipt of the application, the requesting Party is entitled to request the establishment of a panel of referees within the meaning of s. 33.
Disputes between the Parties concerning the interpretation of the rights and obligations provided for in this Agreement, which have not been resolved by direct consultation or within the Joint Committee within 60 days from the date of receipt of the The request for consultations may be subject to arbitration by the complaining Party, giving written notification to the Party complained against. A copy of that notification shall be communicated to all other Parties so that each Party may determine whether it intends to participate in the dispute.
2. Where more than one Party requests the establishment of a panel of referees concerning the same matter, and insofar as this is possible, a single arbitral panel will be appointed to examine those disputes 1 .
(3) A Party that is not involved in the dispute shall be entitled, subject to written request to the parties to the dispute, to submit written submissions to the panel of referees, to receive written communications, including Parties to the dispute, to attend hearings and to express themselves orally.
4. The Board of Referees consists of three members. In its written notification referred to in para. 1 of this Article, the Party bringing the dispute before a panel shall designate a member who may be one of its nationals or residents. Within 30 days of receipt of the notification referred to in para. 1 of this Article, the Party which is the recipient shall, in turn, designate a member who may be one of its nationals or residents.
5. Within 60 days of receipt of the notification provided for in para. 1 of this Article, the two members already appointed shall agree on the appointment of a third member, who shall not be a national of any of the parties to the dispute or permanently reside in the territory of the parties to the dispute. The third member so appointed shall chair the arbitration panel.
6. If not all three members have been appointed or appointed within 60 days of receipt of the notification referred to in para. 1, either party to the dispute may request the Secretary-General of the Permanent Court of Arbitration in The Hague to designate an appointing authority.
7. The arbitration panel shall examine the matter referred to it in the request for the establishment of a panel of referees in the light of the provisions of this Agreement, applied and interpreted in accordance with the rules of interpretation of public law International. The award of the arbitration panel shall be final and binding on the parties to the dispute.
8. Unless otherwise specified in this Agreement or otherwise agreed to by the parties to the dispute, the Optional Rules of the Permanent Court of Arbitration for the Arbitration of Disputes between Two States 2 (CPA), which came into force on October 20, 1992, applies.
The Party concerned shall comply promptly with the award of the arbitration panel. If it is not possible to meet immediately, the parties to the dispute shall endeavour to agree on a reasonable period of time to do so. In the absence of such an agreement within 30 days from the date of the award by the arbitral panel, either party to the dispute may, within 10 days after the expiration of that period, apply to the original panel of referees Determine the duration of a reasonable period.
2. The Party concerned shall notify the other party to the dispute of the measure adopted to implement the award of the arbitration panel.
3. If the Party concerned fails to comply within a reasonable time with the award and the parties to the dispute have not agreed to any compensation, the other party to the dispute may, until the award has been properly made Or that the dispute has otherwise been resolved, and subject to a notification addressed 30 days in advance, to suspend the application of the benefits conferred by this Agreement, but only in a proportion equivalent to those of Affected by the measure that the Board of Referees found to be in violation of this Agreement.
4. Any dispute concerning the implementation of the arbitral award or the notification of suspension shall be subject to the decision of the arbitration panel, at the request of either party to the dispute, before compensation can be claimed Or that the suspension of benefits cannot be applied. The arbitration panel may also decide, for any implementing measure adopted after the suspension of the benefits, whether it is in conformity with its award and whether the suspension of the benefits must be lifted or amended. The decision of the arbitration panel referred to in this paragraph shall normally be made within 45 days of receipt of the request.
The Parties shall take all the general or specific measures required to fulfil their obligations under this Agreement.
The Annexes and Protocols to this Agreement, including their Appendices, shall form an integral part of this Agreement.
1. The Parties undertake to review this Agreement in the light of future developments in international economic relations, including in the context of the WTO, and to examine in this context and in the light of any relevant factors, The possibility of developing and deepening their cooperative relations established by this Agreement and extending it to areas not yet covered. The Joint Committee may examine this possibility and, if necessary, make recommendations to the Parties, in particular with a view to opening negotiations.
2. The agreements resulting from the procedure referred to in para. 1 shall be subject to ratification, acceptance or approval by the Parties, in accordance with their own procedures.
The Parties may agree to any amendment to this Agreement. Unless the Parties otherwise agree, the amendments shall enter into force on the first day of the third month following the deposit of the last instrument of ratification, acceptance or approval.
2. The text of the amendments, as well as the instruments of ratification, acceptance or approval shall be deposited with the Depositary.
The provisions of this Agreement shall be without prejudice to the rights and obligations of the Parties provided for in the WTO Agreement and other agreements negotiated under its auspices, as well as any other international agreement To which they are parties.
(2) This Agreement shall not preclude the maintenance or establishment of customs unions, free trade zones, border trade arrangements and other preferential agreements, provided that they do not affect the The trade relations regime established by this Agreement.
3. If a Party accedes to a customs union or a free trade agreement with a third party, it shall, at the request of any other Party, be prepared to enter into consultations with the requesting Party.
(1) Any State which becomes a member of the European Free Trade Association may accede to this Agreement, provided that the Joint Committee approves the accession, the terms and conditions to be agreed by the Parties. The instrument of accession shall be deposited with the Depositary.
(2) In respect of a State which decides to accede to it, this Agreement shall enter into force on the first day of the third month following the deposit of its instrument of accession or the approval of the terms of its accession by the existing Parties, if it Intervenes later.
1. Each Party may denounce this Agreement by written notification to the Depositary. The denunciation shall enter into force six months after the date of receipt of the notification by the Depositary.
(2) In the event of a denunciation by Albania, this Agreement shall expire at the time when its denunciation takes effect.
3. Any EFTA State which denounces the Convention establishing the European Free Trade Association ceases Ipso facto To be a Party to this Agreement on the same day that the denunciation takes effect.
(1) This Agreement shall be subject to ratification, acceptance or approval in accordance with the respective constitutional requirements of the Parties. Instruments of ratification, acceptance or approval shall be deposited with the Depositary.
2. This Agreement shall enter into force on 1 Er April 2010, for those Parties that have deposited their instruments of ratification, acceptance or approval with the Depositary, or for those who have notified the Depositary of the provisional application, at least two months before that date, provided that Albania is the number of such Parties.
In the event that this Agreement does not enter into force on 1 Er April 2010, it shall enter into force on the first day of the third month following the deposit by Albania and at least one EFTA State of their instruments of ratification, acceptance or approval, or notification of the provisional application to the The Depositary.
4. As regards an EFTA State which deposits its instrument of ratification, acceptance or approval after this Agreement has entered into force, the entry into force of this Agreement shall take place on the first day of the third month following the date of filing Its instrument of ratification, acceptance or approval.
5. If its constitutional requirements permit, Albania or any EFTA State may apply this Agreement provisionally pending its ratification, acceptance or approval by that Party. The provisional application of this Agreement shall be notified to the Depositary.
This Agreement shall not enter into force or be applied provisionally between Albania and an EFTA State if the supplementary agreement on trade in agricultural products between Albania and that EFTA State does not enter into force Simultaneously or not simultaneously applied on a provisional basis. This Agreement shall remain in force between Albania and the EFTA State as long as the supplementary agreement remains in force between them.
The Government of Norway is acting as Depositary.
In witness whereof, The undersigned, duly authorized to that effect, have signed this Agreement.
Done at Geneva on 17 December 2009, in a record copy. The Depositary shall transmit certified copies to all Parties.
(Suivent signatures)
Preamble |
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Chapter 1: General provisions |
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Art. 1 |
Objectives |
Art. 2 |
Trade relations governed by this Agreement |
Art. 3 |
Territorial Application |
Art. 4 |
Central, regional and local governments |
Art. 5 |
Transparency |
Chapter 2: Trade in goods |
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Art. 6 |
Scope of application |
Art. 7 |
Rules of origin and methods of administrative cooperation |
Art. 8 |
Customs duties |
Art. |
Import and Export Restrictions |
Art. 10 |
Internal Impositions and Regulations |
Art. 11 |
Sanitary and phytosanitary measures |
Art. 12 |
Technical Regulations |
Art. 13 |
Trade Facilitation |
Art. 14 |
Sub-Committee on Rules of Origin, Customs Procedures and Trade Facilitation |
Art. 15 |
State Trading Enterprises |
Art. 16 |
Subsidies and Countervailing Measures |
Art. 17 |
Antidumping Measures |
Art. 18 |
Competition rules for businesses |
Art. 19 |
General Backup Measures |
Art. |
Bilateral Safeguard Measures |
Art. |
General Exceptions |
Art. |
Security Exceptions |
Chapter 3: Protection of intellectual property |
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Art. |
Protection of intellectual property |
Chapter 4: Investments, services and public procurement |
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Art. 24 |
Investments |
Art. 25 |
Trade in Services |
Art. 26 |
Government Procurement |
Chapter 5: Payments and capital movements |
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Art. 27 |
Payments for Current Transactions |
Art. 28 |
Capital movements |
Art. |
Balance of payments difficulties |
Art. |
Clarifications |
Chapter 6: Institutional provisions |
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Art. |
The Joint Committee |
Chapter 7: Settlement of disputes |
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Art. 32 |
Consultations |
Art. 33 |
Adjudication |
Art. 34 |
Implementation of the arbitral award |
Chapter 8: Final provisions |
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Art. 35 |
Enforcement of obligations |
Art. 36 |
Appendices and Protocols |
Art. |
Scalable Clause |
Art. 38 |
Amendments |
Art. 39 |
Relationship to other international agreements |
Art. 40 |
Accession |
Art. |
Denunciation and expiration |
Art. |
Entry into force |
Art. 43 |
Depositary |
Annex I |
Referred to in ¶ 1 (a) of Article 6-Excluded products |
Annex II |
Referred to in ¶ 1 (c) of Article 6-Fish and other marine products |
Annex III |
Referred to in Paragraph 1 of Article 13-Trade facilitation |
Annex IV |
Referred to in Paragraph 2 of Article 14-Mandate of the Sub-Committee on rules of origin, customs procedures and trade facilitation |
Annex V |
Referred to in Article 23-Protection of intellectual property |
Protocol A |
Referred to in ¶ 1 (b) of Article 6-Processed agricultural products |
Table 1 of Protocol A-Tariff concessions by Albania |
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Table 2 of Protocol A-Tariff concessions by EFTA |
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Protocol B |
Referred to in Article 7-Concept of "originating products" and methods of administrative co-operation |
Appendix 1 to Protocol B-Introductory notes to the list in Appendix 2 |
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Appendix 2 to Protocol B-List of working or processing required to be carried out on non-originating materials in order that the product manufactured can obtain originating status |
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Appendix 3A to Protocol B-Specimens of movement Certificate EUR.1 and Application for a Movement Certificate EUR.1 |
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Appendix 3B to Protocol B-Specimens of Movement certificate EUR-MED and application for a movement certificate EUR-MED |
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Appendix 4A to Protocol B-Text of the invoice declaration |
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Appendix 4B to Protocol B-Text of the invoice declaration EUR-MED |
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Appendix 5 to Protocol B-List of countries or territories participating in the Euro-Mediterranean Partnership based on the Barcelona Declaration |
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States Parties |
Ratification |
Entry into force |
||
Albania |
August 25 |
2010 |
1 Er November |
2010 |
Iceland |
July 20 |
2011 |
1 Er October |
2011 |
Liechtenstein |
May 31 |
2010 |
1 Er November |
2010 |
Norway |
26 May |
2011 |
1 Er August |
2011 |
Switzerland |
15 April |
2010 |
1 Er November |
2010 |
1 Translation of original English text.
2 Article 1, para. 1, let. A, of the AF of 15 March 2010 ( RO 2010 4803 )
3 RS 0.120
4 RS 0.820.1
5 RS 0.632.20
6 These documents are not published in the OR or the NCR. They are available in English only and are available on the EFTA website www.efta.int/free-trade/free-trade-agreements/albania/ the following address: www.efta.int/free-trade/free-trade-agreements/albania/
7 RO 2010 4826 And 2011 4561. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).