Free Trade Agreement between the Republic of Albania and the United Nations Interim Administration

A AN ND D

str. 3T TH HE E C CO OU UN NC CI IL L O OF F M MI IN NI IS ST TE ER RS S O OF F T TH HE E R RE EP PU UB BL LI IC C O OF F A AL LB BA AN NI IA A

PREAMBLE

str. 3DESIROUS to develop and strengthen friendly relations, especially in the fields of trade and economic cooperation, with the aim to contribute to the development of economic cooperation between the Republic of Albania and Kosovo, and to increase the scope of mutual trade exchange,

THE UNITED NATIONS INTERIM ADMINISTRATION MISSION IN KOSOVO (UNMIK) ON BEHALF OF THE PROVISIONAL INSTITUTIONS OF SELFGOVERNMENT IN KOSOVO AND THE COUNCIL OF MINISTERS OF THE REPUBLIC OF ALBANIA (hereinafter called 'the Contracting Parties'),

REAFFIRMING their commitment to the principles of market economy, which constitutes the basis for their relations,

CONSIDERING their common desire to participate actively in the process of international economic integration,

EXPRESSING their readiness to co-operate in finding the means and ways for strengthening of this process,

CONSIDERING the rights and obligations, arising out of the Stabilisation and Association process between the European Community and the Contracting Parties,

TAKING INTO ACCOUNT United Nations Security Council resolution 1244 (1999) of 10 June 1999, authorizing the Secretary-General to establish an international civil presence in Kosovo, known as the United Nations Interim Administration Mission in Kosovo (UNMIK), and the authority of the Special Representative of the Secretary General (SRSG) derived from this Resolution,

RESOLVED to this and to eliminate progressively the obstacles to substantially all their mutual trade in accordance with the provisions of the General Agreement on Tariffs and Trade (GATT 1994) and the Marrakesh Agreement, establishing the World Trade Organization (WTO),

DECLARING their readiness to undertake activities with a view of promoting harmonious development of their trade, as well as of expanding and diversifying their mutual cooperation in the fields of joint interest, including fields, not covered by this Agreement, thus creating a framework and supportive environment, based on equality, non-discrimination, and balance of rights and obligations,

FIRMLY decided that this Agreement will promote the intensification of mutually beneficial trade between them and will bring to the process of integration in Europe,

CONSIDERING that no provision of this Agreement may be interpreted as exempting the Parties from their obligations under other international agreements, especially the General Agreement on Tariffs and Trade 1994 and the Marrakesh Agreement, establishing the World Trade Organization,

HAVE DECIDED, in pursuance of these objectives, to conclude the following Agreement (hereinafter referred to as 'this Agreement'):

Objectives

str. 31. The Contracting Parties shall gradually establish a free trade area in a transitional period, ending on 1 January 2009 in accordance with the provisions of this Agreement and in conformity with the definition, set out in Article XXIV of the GATT 1994, and the Marrakesh Agreement, establishing the WTO. 2. The objectives of this Agreement are:
- a) To increase the economic co-operation of the Contracting Parties and to raise the standard of living of their population,
- b) To gradually eliminate restrictions on trade in goods,
- c) To provide fair conditions of competition for trade between the Contracting Parties,
- d) To contribute in this way, by removal of barriers to trade, to the harmonious development and expansion of world trade,
- e) To enhance co-operation between the Contracting Parties,
- f) To create conditions for further promotion of investments, particularly for the development of joint investment in both territories,
- g) To promote trade and co-operation of the Contracting Parties in other markets.

CHAPTER I INDUSTRIAL PRODUCTS

ARTICLE 2 Scope

ARTICLE 3

Basic Duties

str. 31. For the commercial exchange, covered by this Agreement, the Customs Tariffs of the Republic of Albania shall be applied to the classification of goods, imported in the Republic of Albania. The Customs Tariffs of Kosovo shall be applied to the classification of goods, imported in Kosovo. 2. For each product the basic duty, to which successive reductions, set out in this Agreement, are to be applied, shall be the most-favored-nation duty, applicable by the Contracting Parties on the day preceding the date of entering into force of this Agreement. 3

str. 4. If after this date, any tariff reduction is applied erga omnes , in particular, reductions, resulting from the tariff agreements under the Uruguay Round of the GATT 1994 and the Marrakesh Agreement Establishing the WTO, the reduced duties shall replace the basic duties under Paragraph 2 from the date of application of the reduction. 4. The reduced duties, calculated in accordance with Paragraph 2, in accordance with arithmetical rules shall be rounded on first decimal number for the goods imported in Kosovo and without decimal numbers for the goods imported in Albania. 5. The Contracting Parties shall mutually exchange information on their basic duties.

ARTICLE 4

Customs Duties on Imports and Charges Having Equivalent Effect

str. 41. No new customs duties on imports or charges having equivalent effect shall be introduced, nor shall those already applied be increased in trade between the Contracting Parties from the date of entry into force of this Agreement. 2. Customs duties on imports, applied in the Republic of Albania on products, originating in Kosovo, specified in Annex II, shall be progressively reduced and abolished in accordance with the timetable, provided in this Annex. 3. Customs duties on imports, applied in Kosovo on products, originating in the Republic of Albania, specified in Annex III, shall be progressively reduced and abolished in accordance with the timetable, provided in this Annex. 4. Customs duties on imports, applicable in the Republic of Albania to products originating in Kosovo, which are not listed in Annex II, shall be abolished on the date of entry into force of this Agreement. 5. Customs duties on imports, applicable in Kosovo to products originating in the Republic of Albania, which are not listed in Annex III, shall be abolished on the date of entry into force of this Agreement

ARTICLE 5 Fiscal Duties

str. 4The provisions of Article 4 shall also apply to customs duties of a fiscal nature.

ARTICLE 6

Customs Duties on Exports and Charges Having

str. 5Equivalent Effect

1. No new customs duties on exports or charges, having equivalent effect, shall be introduced in trade between the Contracting Parties as from the date of the entry into force of this Agreement. 2. All customs duties on export and charges having equivalent effect shall be abolished on the date of the entry into force of this Agreement.

ARTICLE 7 Quantitative Restrictions on Exports and Imports and Measures Having Equivalent Effect

str. 51. No new quantitative restrictions on exports and imports or measures having equivalent effect, shall be introduced in the trade between the Contracting Parties from the date of entry into force of this Agreement. 2. All quantitative restrictions on exports and imports in the Contracting Parties and measures, having equivalent effect, shall be abolished on the date of entry into force of this Agreement.

ARTICLE 8 Technical Barriers to Trade

str. 51. The rights and obligations of the Contracting Parties, relating to standards or technical regulations and the respective measures, shall be governed by the WTO Agreement on Technical Barriers to Trade. 2. The Contracting Parties shall cooperate and exchange information in the field of standardization, metrology, conformity assessment and accreditation, with the aim of eliminating technical barriers to trade. 3. Each Contacting party, upon a request from the other Contracting Party, shall submit information on particular individual cases of standards, technical rules or similar measures.

CHAPTER II AGRICULTURAL PRODUCTS

ARTICLE 9 Scope

str. 5The provisions of this Chapter shall apply to agricultural products, falling within Chapters 1 to 24 of the Harmonized Commodity Description and Coding System, including the products, listed in Annex I to this Agreement, originating in one of the Contracting Parties.

ARTICLE 10

Exchange of Concessions

str. 51. The Contracting Parties declare their readiness to foster, as far as their agricultural policies allow, the harmonious development of trade in agricultural products, and to discuss this issue periodically within the Joint Committee. 2. In pursuance of this objective, the Contracting Parties grant each other the concessions specified in Protocol A, providing for measures to facilitate trade in agricultural products, in accordance with the provisions of this Chapter and those, laid down in this Protocol. 3. Taking into account:
4. -The role of agriculture in their economies,
5. -The development of trade in agricultural products between the Contracting Parties,
6. -The particular sensitivity of the agricultural products,
7. -The rules of their agricultural policies,
8. -The consequences of the multilateral trade negotiations under the GATT and the WTO,

The Contracting Parties shall examine the possibilities of granting each other further concessions in trade in agricultural products.

ARTICLE 11 Concessions and Agricultural Policies

str. 61. Without prejudice to the concessions, granted under Article 10, the provisions of this Chapter shall not restrict in any way the pursuance of the respective agricultural policies of the Contracting Parties or the application of any measures under such policies, including the implementation of the provision of the respective agreements negotiated under the auspices of the Agreement establishing WTO. 2. The Contracting Parties shall notify to the Joint Committee changes in their respective agricultural policies pursued or measures applied, which may affect the conditions of agricultural trade among them, as provided for in this Agreement. Upon request of a Contracting Party, prompt consultations within the Joint Committee shall be held to examine the situation.

ARTICLE 12

Specific Safeguards

str. 7Notwithstanding other provisions of this Agreement and, in particular, Article 17 to this Agreement, and given the particular sensitivity of the agricultural products, if imports of products, originating in a Contracting Party, which are subject to concessions, granted under this Agreement, cause serious disturbances to the markets of the other Contracting Party, the Party concerned shall immediately enter into consultations to find an appropriate solution. Pending such solution, the Contracting Party concerned may take measures it seems necessary.

ARTICLE 13 Sanitary and Phytosanitary Measures

str. 71. The Contracting Parties shall apply their domestic regulations in the fields of veterinary, sanitary and phytosanitary control in a way, corresponding to the WTO Agreement on Sanitary and Phytosanitary Measures. 2. Measures, concerning veterinary and phytosanitary control among the Contracting Parties, shall be harmonized on the basis of the EU legislation. 3. The Contracting Parties commit themselves not to introduce discriminatory measures or other measures, which lead to unduly restricting the flow of information about the level of sanitary and phytosanitary protection, animals, plants and products.

CHAPTER III GENERAL PROVISIONS

ARTICLE 14 Internal Taxation

str. 71. The Contracting Parties shall refrain from any measures or practices of internal fiscal nature establishing, whether directly or indirectly, discrimination between the products, originating in the Contracting Parties. 2. Products exported to one of the Contracting Parties, may not benefit from repayment of internal indirect taxation in excess of the amount of indirect taxation imposed on them.

ARTICLE 15 Structural Adjustment

str. 71. Exceptional measures of limited duration, derogating from the provisions of Article 4 to this Agreement, may be taken by any of the Contracting Parties in the form of increased customs duties. 2. These measures may only concern infant industries, or certain sectors undergoing restructuring or facing serious difficulties, particularly where these difficulties produce important social problems. 3. Customs duties on imports, applicable in the Contracting Party concerned to products, originating in the other Party, introduced by these measures may not exceed 25% ad valorem and shall maintain an element of preference for products, originating in the other Party.

str. 8The total value of imports of the product, subject to these measures, maynot exceed 15% of total imports of industrial products from the other Contracting Party, as defined in Article 2, during the last year for which statistical data is available. 4. The Contracting Party concerned shall inform the Joint Committee of any exceptional measures it intends to take and, upon request of the other Party, consultations shall be held within the Joint Committee on such measures and the sectors to which they apply, before they are applied. When taking such measures, the Party concerned shall provide the Joint Committee with a schedule for the elimination of the customs duties, introduced under this Article. This schedule shall provide for a phasing out of these duties, starting at the latest two years after their introduction, at equal annual rates. The Joint Committee may decide upon a different schedule.

ARTICLE 16

Anti-dumping and Countervailing Measures

str. 8Nothing in this Agreement shall prejudice or affect in any way the taking, by either Party of anti-dumping and countervailing in accordance with Article VI of the GATT 1994, the Agreement on Implementation of Article VI of the GATT 1944 and the Agreement on Subsides and Countervailing Measures under the conditions and in accordance with the procedure laid down in Article 20 to this Agreement.

ARTICLE 17

General Safeguards

str. 8Where a product is being imported into any of the Contracting Parties in such increased quantities and under such conditions as to cause or threaten to cause:

- a) Serious injuries to domestic producers of like or directly competitive products in the territory of the importing Party, or
- b) Serious disturbances to any related sector of the economy or difficulties which could bring about serious deterioration in the economic situation of a region,

the Contracting Party concerned, may take appropriate measures under the conditions and in accordance with the procedure, laid down in Article 20 to this Agreement.

ARTICLE 18 Re-export and Serious Shortage

str. 81. Where compliance with the provisions of Articles 6 and 7 leads to:

str. 9- a) Re-export towards a country or territory against which the exporting Contracting Party maintains for the product concerned quantitative export restrictions, export duties or measures or charges having equivalent effect; or
- b) A serious shortage, or threat thereof, of a product essential to the exporting Contracting Party;

and where the situations referred to above give rise or are likely to give rise, to major difficulties for the exporting Party, that Contracting Party may take appropriate measures under the conditions and in accordance with the procedures, laid down in Article 20 to this Agreement. 2. Measures, taken as a result of the situation referred to in paragraph 1, shall be applied in a non-discriminatory manner and be eliminated when conditions no longer justify their maintenance.

ARTICLE 19

Public Monopolies

str. 91. The Contracting Parties shall adjust progressively any public monopoly of a commercial character so as to ensure that no discrimination regarding the conditions under which goods are procured and marketed exists between subjects of the Contracting Parties. 2. The Joint Committee shall be informed about the measures adopted to implement this objective.

ARTICLE 20

Procedure for the Application of Safeguard Measures

str. 91. Before initiating the procedure for the application of safeguard measures, set out in the following paragraphs of the present Article, the Contracting Parties shall endeavor to solve any differences between them through direct consultations. 2. If a Contracting Party subjects imports of products, liable to give rise to the situation, referred to in Article 17 to this Agreement, to an administrative procedure, the purpose of which is the rapid provision of information on the trend of trade flows, it shall inform the other Party. 3. Without prejudice to paragraph 7 of the present Article, a Contracting Party, which considers resorting to safeguard measures, shall promptly notify the other Party thereof and supply all relevant information. Consultations between the Contracting Parties shall take place without delay in the Joint Committee with a view to finding a mutually acceptable solution. 4. - a) As regards Articles 16, 17 and 18 to this Agreement, the Joint Committee shall examine the case of the situation and may take any decision needed to put an end to the difficulties notified by the Party concerned. In the case of the absence of such
2.

str. 103. decision within thirty days of the matter being referred to the Joint Committee, the Contracting Party concerned may adopt the measures necessary in order to remedy the situation,
- b) As regards Article 30 to this Agreement, the Contracting Party concerned may take appropriate measures after the consultations have been concluded or after a period of three months has elapsed from the date of the first notification to the other Party,
- c) As regards Article 25 to this Agreement, the Contracting Party concerned shall give the Joint Committee all the assistance required in order to examine the case and, where appropriate, eliminate the practice objected to. If the other Contracting Party fails to put an end to the practice objected to within the period fixed by the Joint Committee, or if the Joint Committee fails to reach an agreement within thirty working days on the matter, being referred to it, the Party concerned may adopt appropriate measures to deal with the difficulties, resulting from the practice in question. 5. The safeguard measures taken shall be notified immediately to the Joint Committee. They shall be limited, with regard to their extent and to their duration, to what is strictly necessary to remedy the situation, giving rise to their application and shall not be in excess of the injury, caused by the practice or the difficulty in question. Priority shall be given to measures that will least disturb the functioning of this Agreement. 6. The safeguard measures taken shall be an object of periodic consultations within the Joint Committee with a view to their relaxation or abolition when conditions no longer justify their maintenance. 7. Where exceptional circumstances, requiring immediate action, make prior examination impossible, the Contracting Party concerned may, in the cases of Articles 16, 17 and 18 to this Agreement, apply forthwith the provisional measures, strictly necessary to remedy the situation. The measures shall be notified without delay and consultations between the Contracting Parties shall take place as soon as possible in the Joint Committee.

ARTICLE 21

General Exceptions

str. 11This Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in transit, justified on grounds of public morality, public policy or public security, the protection of health and life of humans, animals or plants and environment; the protection of domestic treasures possessing artistic, historic or archeological value; the protection of intellectual property or rules, relating to gold or silver or the conservation of exhaustible natural resources, if such measures are made effective in conjunction with restrictions on domestic production or consumption. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Contracting Parties.

ARTICLE 22

Security Exceptions

str. 11Nothing in this Agreement shall prevent a Contracting Party from taking any measures, which it considers necessary:

- a) To prevent the disclosure of information contrary to its essential security interests;
- b) For the protection of its essential security interests or for the implementation of international obligations or domestic policies:
- i) Relating to the traffic in arms, ammunition and implements of war, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes, and to such traffic in other goods, materials and services as is carried on directly or indirectly for the purpose of supplying a military establishment; or
4. ii) Relating to the non-proliferation of biological and chemical weapons, nuclear weapons or other nuclear explosive devices; or
5. iii) Taken in time of war or other serious international tension, constituting threat of war.

ARTICLE 23

Rules of Origin and Co-operation between Customs Administrations

str. 111. Protocol B of this Agreement lays down the rules of origin and related methods of administrative co-operation. 2. The Contracting Parties shall take appropriate measures, including regular reviews in the Joint Committee and arrangements for administrative co-operation, to ensure that the provisions of Protocol B and Articles 3 to 7, 11, 14 and 15 to this Agreement are effectively and harmoniously applied, and to reduce, as far as possible, the formalities, imposed on trade, and to achieve mutually satisfactory solutions to any difficulties, arising from the operation of those provisions.

ARTICLE 24 Payments

str. 111. Payments in freely convertible currencies relating to trade in goods between the Contracting Parties and the transfer of such payments to the territory of the Contracting Party, where the creditor resides, shall be free from any restrictions. 2. The Contracting Parties shall refrain from exchange or administrative restrictions on the grant, repayment and acceptance of short and medium term credits related to trade in goods in which a resident of a Contracting Party participates. 3.

str. 12Notwithstanding the provisions of paragraph 2, any measures concerning current payments connected with the movement of goods shall be in conformity with the conditions laid down under Article VIII to the Agreement of the International Monetary Fund.

ARTICLE 25

Rules of Competition Concerning Undertakings

str. 121. The following are incompatible with the proper functioning of this Agreement in so far as they may affect trade between the Contracting Parties:
2. (a) All agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition;
3. (b) Abuse by one or more undertakings of a dominant position in the territories of the Contracting Parties as a whole or in a substantial part thereof. 2. The provisions of paragraph 1 (a) and (b) shall apply to the activities of all undertakings including public undertakings and undertakings to which the Contracting Parties grant special or exclusive rights. Undertakings entrusted with the operation of services of general economic interest or having the character of a revenue-producing monopoly, shall be subject to provisions of paragraph 1 (a) and (b) insofar as the application of these provisions does not obstruct the performance, in law or in fact, of the particular public tasks assigned to them. 3. With regard to products referred to in Chapter II the provisions stipulated in paragraph 1 (a) shall not apply to such agreements, decisions and practices which form an integral part of a domestic market organization. 4. If a Contracting Party considers that a given practice is incompatible with paragraphs 1 (a) and (b) and paragraph 2 of this Article and if such practice causes or threatens to cause serious prejudice to the interest of that Contracting Party or material injury to its domestic industry, the Contracting Party concerned may take appropriate measures under the conditions and in accordance with the procedure laid down in Article 30 of this Agreement.

ARTICLE 26 Public Aid

str. 121. Any aid granted by a Contracting Party or through public resources in any form whatsoever which distorts or threatens to distort competition by favoring certain undertakings or the production of certain goods shall, in so far as it may affect trade between the Contracting Parties, be incompatible with the proper functioning of this Agreement. 2. The provisions of paragraph 1 shall not apply to products covered by Chapter II of this Agreement. 3.

str. 13The Contracting Parties shall ensure transparency in the area of public aid, inter alia , by reporting annually to the Joint Committee on the total amount and the distribution of the aid

given and by providing to the other Contracting Party, upon request, information on aid schemes and on particular individual cases of public aid. 4. The Joint Committee shall, within three years from the entry into force of this Agreement, adopt the criteria on the basis of which the practices derogating from paragraph 1 shall be assessed, as well as the rules for their implementation. 5. If a Contracting Party considers that a particular practice , including that in agriculture:
- Is incompatible with the terms of paragraph 1, and
- Causes or threatens to cause serious prejudice to the interest of that Contracting Party or material injury to its domestic industry or agriculture,

it may take appropriate measures under the conditions of and in accordance with the provisions laid down in Article 30 of this Agreement. Such appropriate measures may only be taken in conformity with the procedures and under the conditions laid down by the Agreement on Subsidies and Countervailing Measures, the GATT 1994 and WTO and any other relevant instrument negotiated under their auspices, which are applicable between the Contracting Parties.

ARTICLE 27

Balance of Payments Difficulties

str. 131. The Contracting Parties shall endeavor to avoid the imposition of restrictive measures including measures relating to imports for balance of payments purposes. 2. Where one of the Contracting Parties is in serious balance of payments difficulties, or under imminent threat thereof, the Party concerned may, in accordance with the conditions, established under the GATT 1994 and Article VIII of the Articles of Agreement of the International Monetary Fund, adopt restrictive measures, including measures related to imports, which shall be of limited duration and may not go beyond what is necessary to remedy the balance of payments situation. The measures shall be progressively relaxed as balance of payments conditions improve and they shall be eliminated when conditions no longer justify their maintenance. The Contracting Party concerned shall inform the other Party forthwith of their introduction and, whenever practicable, of a time schedule for their removal.

ARTICLE 28

Intellectual Property Rights

str. 131. The Contracting Parties shall grant and ensure adequate and effective protection of intellectual property rights on a non-discriminatory basis, including effective measures for enforcing such rights against infringements and particularly against counterfeiting and piracy. The Contacting Parties agree to comply with the substantive standards of the multilateral agreements listed in Annex IV. 2.

str. 14For the purpose of this Agreement the term 'intellectual property' includes in particular copyright including the copyright on computer programs and neighboring rights, patents, trademarks, industrial designs, geographical indications, topographies of integrated circuits, undisclosed information including know how. 3. In fulfillment of their commitments under international agreements and legislation in the field of intellectual property rights, the Contracting Parties to this Agreement shall not grant to subjects of the other Party treatment less favorable than that accorded to other subjects under similar international agreements. 4. The Contracting Parties shall co-operate in matters of intellectual property. Upon request of a Contracting Party, they shall hold expert consultations on these matters, in particular on activities relating to the existing or to future international conventions concerning the harmonization, administration and enforcement of intellectual property and on activities in international organizations, such as the WTO, World Intellectual Property Organization, as well as on the relations of the Contracting Parties with any other country or territory on intellectual property matters. 5. The implementation of this Article shall be regularly assessed by the Contracting Parties. Upon difficulties in trade in relation with the rights of intellectual property, any of the Contracting Parties may request urgent consultations for finding mutually satisfactory solution.

ARTICLE 29 Public Procurement

str. 141. The Contracting Parties consider the liberalization of their respective public procurement markets as an objective of this Agreement. The Parties aim at opening up of the award of public contracts on the basis of non-discrimination and reciprocity. 2. The Contracting Parties will progressively develop their respective rules, conditions and practices on public procurement with a view to granting suppliers of the other Contracting Party access to contract award procedures on their respective public procurement markets not less favorable than that accorded to companies of any other country or territory. 3. The Joint Committee shall examine developments related to the achievement of the objectives of this Article and may recommend practical modalities of implementing the provisions of paragraph 2 so as to ensure free access, transparency and mutual opening of their respective public procurement markets. 4.

str. 15During the examination referred to in this paragraph 3, the Joint Committee may consider, especially in the light of international developments and regulations in this area, the possibility of extending the coverage and/or the degree of the market opening provided for in paragraph 1. 5. The Contracting Parties shall endeavor to accede to the relevant Agreements negotiated under the auspices of the GATT 1994 and the Marrakesh Agreement, establishing the WTO.

CHAPTER IV INSTITUTIONAL AND FINAL PROVISIONS

ARTICLE 30 The Joint Committee

str. 151. A Joint Committee is hereby established in which each Contracting Party shall be represented. The Committee will be headed by two Co-Chairmen. The Co-Chairman from each side will be the Minister responsible for trade. The Joint Committee will consist of five members for each Contracting Party. 2. The Joint Committee shall be responsible for the administration of this Agreement and shall ensure its proper implementation. 3. For the purpose of the proper implementation of this Agreement, the Contracting Parties shall exchange information and, upon request of any Party, shall hold consultations within the Joint Committee. The Committee shall keep under review the possibility of further removal of the obstacles to trade between the Contracting Parties. 4. The Joint Committee may, in accordance with the provisions of paragraph 3 of Article 30, take decisions in the cases provided for in this Agreement. On other matters the Committee may make recommendations.

ARTICLE 31 Procedures of the Joint Committee

str. 151. For the proper implementation of this Agreement, the Joint Committee shall meet whenever necessary, but at least once a year. Either Party may request a meeting to be held. 2. The Joint Committee shall act by common agreement. 3. If a representative of a Contracting Party in the Joint Committee has accepted under reservation, a decision subject to the fulfillment of internal legal requirements, the decision shall enter into force, if no later date is contained therein, on the date of the receipt of the written notification about the fulfillment of such requirements. 4. The Joint Committee shall adopt its rules of procedure, which shall, inter alia , contain provisions for convening meetings and for the designation of the Chairperson and his/her term of office. 5. The Joint Committee may decide to set up such sub-committees and working parties, as it deems necessary to assist it in accomplishing its tasks.

ARTICLE 32 Customs Unions, Free Trade Areas and Frontier Trade

str. 151. This Agreement shall not prevent the maintenance or establishment of customs unions, free trade areas or frontier trade arrangements to the extent that these do not negatively affect the trade regime of the Contracting Parties and in particular the provisions, concerning rules of origin, provided for in this Agreement.

str. 162. Upon request the Contracting Parties shall inform each other of any agreement, establishing customs union or free trade areas.

ARTICLE 33 Services and Investment

str. 161. The Contracting Parties recognize the growing importance of certain areas, such as services and investments. In their efforts to gradually develop and broaden their co-operation, in particular in the context of the European integration, they will co-operate with the aim of achieving a progressive liberalization and mutual opening of their markets for investments and trade in services, taking into account relevant provisions of the General Agreement on Trade in Services. 2. The Contracting Parties will discuss in the Joint Committee this co-operation with the aim of developing and deepening of their relations governed in this Article.

ARTICLE 34 Fulfillment of Obligations

str. 161. The Contracting Parties shall take all necessary measures to ensure the achievement of the objectives and the fulfillment of the obligations under this Agreement. 2. If any Contracting Party considers that the other Party has failed to fulfill an obligation under this Agreement, the Party concerned may take the appropriate measures under the conditions and in accordance with the procedures laid down in Article 20 to this Agreement.

ARTICLE 35 Evolutionary Clause

str. 17Where a Contracting Party considers that it would be useful in the interest of the economies of the Contracting Parties to develop and deepen the relations established by this Agreement by extending them to fields not covered thereby, it shall submit a reasoned request to the other Party. The Contracting Parties may instruct the Joint Committee to examine this request and, where appropriate, to make recommendations to them, particularly with a view to opening negotiations.

ARTICLE 36 Amendments

str. 17Amendments to this Agreement other than those decided upon in accordance with paragraph 3 of Article 30 to this Agreement, and which are approved by the Joint Committee, shall enter into force on the date of a receipt of a formal note, confirming that all procedures required by the domestic legislation of each Contracting Party for entry into force of the amendments have been completed.

ARTICLE 37 Protocols and Annexes

str. 17Records of Understanding, Annexes and Protocols to this Agreement are an integral part of it. The Joint Committee may decide to amend the Records of Understanding, Annexes and Protocols subject to the internal legal procedures of the Contracting Parties .

ARTICLE 38 Validity and Withdrawal

str. 171. The Agreement is concluded for an unlimited period. 2. Each Contracting Party to this Agreement may withdraw therefrom, by means of a written notification to the other Party. The termination shall take effect on the first day of the seventh month following the date on which the notification was received by the other Party. 3. The Contracting Parties agree, that in case of accession of one of the Parties to this Agreement to the European Union, the Agreement will be terminated on the day before the date of the accession to the EU, without successive compensations for the other Contracting Party.

Article 39 Entry into Force

str. 18This Agreement is subject to ratification. It enters into force on the first date of the second month following the date of receiving of the second of the notes, with which the Contracting Parties notify each other through appropriate channels that they have ratified the Agreement. IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorized thereto, have signed the present Agreement. DONE in duplicate at PRISTINA this 4 th day of 2003 in Albanian, English and Serbian language, each of these being equally authentic. In case of divergence the English text shall prevail. For the Provisional Institutions of Self-Government in Kosovo

……………………………. (Initials)

Ali Jakupi Minister of Trade and Industry

For UNMIK

For the Council of Ministers of the Republic of Albania

……………………………………………

Michael Steiner Special Representative of the Secretary-General

……………………………………………

Arben Malaj Minister of Economy

ANNEX I

(referred to in Articles 2 and 11 of the Agreement)

ANNEX II

ANNEX III

PROTECTION OF INTELLECTUAL PROPERTY

str. 30(referred to in paragraph 1 of Article 28)

The Contracting Parties agree to comply with the substantive standards of the multilateral agreements. The multilateral Agreements mentioned in paragraph 1 of Article 28 are the following:

1. Paris Convention of 20 March 1883 for the Protection of Industrial Property (Stockholm Act, 1967 as amended in 1979);
2. Bern Convention of 9 September 1886 for the Protection of Literary and Artistic Works (Paris Act, 1971);
3. International Convention of 26 October 1961 for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention);
4. Madrid Agreement concerning the International Registration of Marks (Stockholm Act, 1967 as amended 1979);
5. Budapest Treaty of the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure (1977, as amended in 1980);
6. Patent Co-operation Treaty (Washington 1970, amended in 1979 and modified in 1984);
7. Convention establishing the World Intellectual Property Organisation (Stockholm Act, 1967 as amended 1979);
8. Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (Geneva 1971).

THE CONTRACTING PARTIES

Article 1

str. 31This Protocol shall apply to the products specified in Chapter II of the Agreement.

Article 2

str. 31The Contracting Parties will exchange agricultural products, originating from the Contracting Parties, reciprocally without custom duties, for the products listed in Annex 1 of this Protocol, and in compliance with the provisions of Protocol B on Rules of Origin with the entry into force of this Agreement.

Article 3

str. 31The Contracting Parties will exchange agricultural products originating from the Contracting Parties, unilaterally without custom duties, for the products originating from the Republic of Albania listed in Annex 2 of this Protocol, and for products originating from Kosovo listed in Annex 3 of this Protocol, in compliance with the provisions of Protocol B on Rules of Origin with the entry into force of this Agreement. The Contracting Parties will grant concessions for the agricultural products originating from the Contracting Parties, listed in Annex 4 within the levels determined in this Annex. Customs duties on imports, applicable in the Contracting Parties, listed in Annex 4 to this Protocol shall be abolished within the limits of tariff quotas, specified in this Annex, to the level set out in this Annex from the entry into force of this Agreement. All products not included in Annexes 1, 2, 3 and 4 will be imported in the Contracting Parties by applying the Most Favoured Nation duty.

Article 4

str. 311. Basic duties, agreed under this Protocol and the Annexes to it are the Most Favored Nation duty rates applied at the time of actual importation. Customs duties referred to in this Protocol include ad valorem and specific customs duties. 2. If, after entry into force of this Agreement, any tariff reductions are applied on an erga omnes basis, such reduced duties shall replace the basic duties referred to in paragraph 1 as from the date when such reductions are applied.

Article 5

str. 31For products specified in the Annexes to this Protocol the Contracting Parties shall inform each other about any intention to increase the Most Favoured Nation duty rates in due time.

Protocol A Annex 1

List of agricultural products that are originating in Albania and imported to Kosovo, on which customs duties and quantitative restrictions are abolished

Protocol A Annex 3

Protocol A Annex 4

TABLE OF CONTENTS

str. 45GENERAL PROVISIONS

- Article 1 Definitions

str. 45- -Article 2 General requirements
- -Article 3 Bilateral cumulation of origin
- -Article 4 Wholly obtained products
- -Article 5 Sufficiently worked or processed products
- -Article 6 Insufficient working or processing
- -Article 7 Unit of qualification
- -Article 8 Accessories, 'sp'are parts and tools
- -Article 9 Sets
- -Article 10 Neutral elements

str. 45- -Article 11 Principle of territoriality
- -Article 12 Direct transport
- -Article 13 Exhibitions

str. 45- -Article 14 Prohibition of drawback of, or exemption from, customs duties

str. 45- -Article 15 General requirements
- -Article 16 Procedure for the issue of a movement certificate EUR.1
- -Article 17 Movement certificates EUR.1 issued retrospectively
- -Article 18 Issue of a duplicate movement certificate EUR.1
- -Article 19 Issue of movement certificates EUR.1 on the basis of a proof of origin issued or made out previously
- -Article 20 Accounting segregation
- -Article 21 Conditions for making out an invoice declaration
- -Article 22 Approved exporter
- -Article 23 Validity of proof of origin

str. 46- -Article 24 Submission of proof of origin
- -Article 25 Importation by instalments
- -Article 26 Exemptions from proof of origin
- -Article 27 Supporting documents
- -Article 28 Preservation of proof of origin and supporting documents
- -Article 29 Discrepancies and formal errors
- -Article 30 Amounts expressed in euro

str. 46- -Article 31 Mutual assistance
- -Article 32 Verification of proofs of origin
- -Article 33 Dispute settlement
- -Article 34 Penalties
- -Article 35 Free zones

str. 46- -Article 36 Sub-Committee on customs and origin matters
- -Article 37 Amendments to the Protocol
- -Article 38 Goods in transit or storage

LIST OF ANNEXES

str. 46| Annex I: | Introductory notes to the list in Annex II

GENERAL PROVISIONS

Article 1 Definitions

DEFINITION OF THE CONCEPT OF 'ORIGINATING PRODUCTS'

Article 2

General requirements

str. 49For the purpose of implementing this Agreement, the following products shall be considered as originating in a Contracting Party:

- a) Products wholly obtained in that Contracting Party within the meaning of Article 4;
- b) Products obtained in that Contracting Party incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in that Contracting Party within the meaning of Article 5.

Article 3 Bilateral cumulation of origin

str. 49Materials originating in a Contracting Party shall be considered as materials originating in the other Contracting Party when incorporated into a product obtained there. It shall not be necessary that such materials have undergone sufficient working or processing, provided they have undergone working or processing going beyond that referred to in Article 6(1) of this Protocol.

Article 4 Wholly obtained products

str. 50The following shall be considered as wholly obtained in a Contracting Party:
- a) Mineral products extracted from its soil or from its seabed;
- b) Vegetable products harvested there;
- c) Live animals born and raised there;
- d) Products from live animals raised there;
- e) Products obtained by hunting or fishing conducted there; - f) Products of sea fishing and other products taken from the sea outside the territorial waters of a Contracting Party by its vessels;
- g) Products made aboard its factory ships exclusively from products referred to in (f);
- h) Used articles collected there fit only for the recovery of raw materials, including used tyres fit only for retreading or for use as waste;
- i) Waste and scrap resulting from manufacturing operations conducted there;
- j) Products extracted from marine soil or subsoil outside its territorial waters provided that it has sole rights to work that soil or subsoil;
- k) Goods produced there exclusively from the products specified in (a) to (j). 2. The terms 'its vessels' and 'its factory ships' in paragraph 1(f) and (g) shall apply only to vessels and factory ships:

- a) Which are registered or recorded in a Contracting Party;
- b) Which sail under the flag of that Contracting Party;
- c) Which are owned to an extent of at least 50 per cent by nationals of that Contracting Party, or by a company with its head office in one of the Contracting Parties, of which the manager or managers, Chairman of the Board of Directors or the Supervisory Board, and the majority of the members of such boards are nationals of that Contracting Party and of which, in addition, in the case of partnerships or limited companies, at least half the capital belongs to that Contracting Party or to public bodies or nationals of that Contracting Party;
- d) Of which the master and officers are nationals of that Contracting Party; and
- e) Of which at least 75 per cent of the crew are nationals of that Contracting Party.

Article 5

Sufficiently worked or processed products

str. 501. For the purposes of Article 2, products which are not wholly obtained are considered to be sufficiently worked or processed when the conditions set out in the list in Annex II are fulfilled. The conditions referred to above indicate, for all products covered by the Agreement, the working or processing which must be carried out on non-originating materials used in manufacturing and apply only in relation to such materials. It follows that if a product, which has acquired originating status by fulfilling the conditions set out in the list is used in the manufacture of another product, the conditions applicable to the product in which it is incorporated do not apply to it, and no account shall be taken of the nonoriginating materials which may have been used in its manufacture.

str. 512. Notwithstanding paragraph 1, non-originating materials which, according to the conditions set out in the list, should not be used in the manufacture of a product may nevertheless be used, provided that:

- a) Their total value does not exceed 10 per cent of the ex-works price of the product;
- b) Any of the percentages given in the list for the maximum value of non-originating materials are not exceeded through the application of this paragraph. This paragraph shall not apply to products falling within Chapters 50 to 63 of the Harmonized System. 3. Paragraphs 1 and 2 shall apply subject to the provisions of Article 6.

Article 6

Insufficient working or processing

str. 52Without prejudice to paragraph 2, the following operations shall be considered as insufficient working or processing to confer the status of originating products, whether or not the requirements of Article 5 are satisfied:

- a) Preserving operations to ensure that the products remain in good condition during transport and storage;
- b) Breaking-up and assembly of packages;
- c) Washing, cleaning; removal of dust, oxide, oil, paint or other coverings;
- d) Ironing or pressing of textiles;
- e) Simple painting and polishing operations;
- f) Husking, partial or total bleaching, polishing, and glazing of cereals and rice;
- g) Operations to colour sugar or form sugar lumps;
- h) Peeling, stoning and shelling, of fruits, nuts and vegetables;
- i) Sharpening, simple grinding or simple cutting;
- j) Sifting, screening, sorting, classifying, grading, matching; (including the making-up of sets of articles);
- k) Simple placing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards and all other simple packaging operations;
- l) Affixing or printing marks, labels, logos and other like distinguishing signs on products or their packaging;
- m) Simple mixing of products, whether or not of different kinds; - n) Simple assembly of parts of articles to constitute a complete article or disassembly of products into parts;
- o) A combination of two or more operations specified in (a) to (n);
- p) Slaughter of animals. 2. All operations carried out in the Contracting Parties on a given product shall be considered together when determining whether the working or processing undergone by that product is to be regarded as insufficient within the meaning of paragraph 1.

Article 7 Unit of qualification

str. 521. The unit of qualification for the application of the provisions of this Protocol shall be the particular product which is considered as the basic unit when determining classification using the nomenclature of the Harmonized System. It follows that:

- a) When a product composed of a group or assembly of articles is classified under the terms of the Harmonized System in a single heading, the whole constitutes the unit of qualification;
- b) When a consignment consists of a number of identical products classified under the same heading of the Harmonized System, each product must be taken individually when applying the provisions of this Protocol. 2. Where, under General Rule 5 of the Harmonized System, packaging is included with the product for classification purposes, it shall be included for the purposes of determining origin.

Article 8

Accessories, spare parts and tools

str. 52Accessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle, which are part of the normal equipment and included in the price thereof or which are not separately invoiced, shall be regarded as one with the piece of equipment, machine, apparatus or vehicle in question.

Article 9 Sets

str. 52Sets, as defined in General Rule 3 of the Harmonized System, shall be regarded as originating when all component products are originating.

str. 53Nevertheless, when a set is composed of originating and non-originating products, the set as a whole shall be regarded as originating, provided that the value of the non-originating products does not exceed 15 per cent of the exworks price of the set.

Article 10 Neutral elements

str. 53In order to determine whether a product originates, it shall not be necessary to determine the origin of the following which might be used in its manufacture:

- a) Energy and fuel;
- b) Plant and equipment;
- c) Machines and tools;
- d) Goods which do not enter and which are not intended to enter into the final composition of the product.

TERRITORIAL REQUIREMENTS

Article 11 Principle of territoriality

str. 531. Except as provided for in Article 3 and paragraph 3 of this Article, the conditions for acquiring originating status set out in Title II must be fulfilled without interruption in the Contracting Parties. 2. Except as provided for in Article 3, where originating goods exported from one of the Contracting Parties to another country return, they must be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:
- a) The returning goods are the same as those exported; and
- b) They have not undergone any operation beyond that necessary to preserve them in good condition while in that country or while being exported. 3.

str. 54The acquisition of originating status in accordance with the conditions set out in Title II shall not be affected by working or processing done outside the Contracting Parties on materials exported from one of the Contracting Parties and subsequently reimported there, provided:
- a) The said materials are wholly obtained in one of the Contracting Parties or have undergone working or processing beyond the operations referred to in Article 6 prior to being exported; and
- b) It can be demonstrated to the satisfaction of the customs authorities that:
- i) The reimported goods have been obtained by working or processing the exported materials; and - ii) The total added value acquired outside the Contracting Parties by applying the provisions of this Article does not exceed 10 per cent of the ex-works price of the end product for which originating status is claimed. 4. For the purposes of paragraph 3, the conditions for acquiring originating status set out in Title II shall not apply to working or processing done outside the Contracting Parties. But where, in the list in Annex II, a rule setting a maximum value for all the non-originating materials incorporated is applied in determining the originating status of the end product, the total value of the non-originating materials incorporated in the territory of the Contracting Party concerned, taken together with the total added value acquired outside the Contracting Parties by applying the provisions of this Article, shall not exceed the stated percentage. 5. For the purposes of applying the provisions of paragraphs 3 and 4, 'total added value' shall be taken to mean all costs arising outside the Contracting Parties, including the value of the materials incorporated there. 6. The provisions of paragraphs 3 and 4 shall not apply to products which do not fulfill the conditions set out in the list in Annex II or which can be considered sufficiently worked or processed only if the general tolerance fixed in Article 5(2) is applied. 7. The provisions of paragraphs 3 and 4 shall not apply to products of Chapters 50 to 63 of the Harmonized System. 8. Any working or processing of the kind covered by the provisions of this Article and done outside the Contracting Parties shall be done under the outward processing arrangements, or similar arrangements.

Article 12 Direct transport

str. 541. The preferential treatment provided for under the Agreement applies only to products, satisfying the requirements of this Protocol, which are transported directly between the Contracting Parties. However, products constituting one single consignment may be transported through other territories with, should the occasion arise, trans-shipment or temporary warehousing in such territories, provided that they remain under the surveillance of the customs authorities in the country of transit or warehousing and do not undergo operations other than unloading, reloading or any operation designed to preserve them in good condition. Originating products may be transported by pipeline across territory other than that of the Contracting Parties. 2. Evidence that the conditions set out in paragraph 1 have been fulfilled shall be supplied to the customs authorities of the importing country by the production of:
- a) A single transport document covering the passage from the exporting country through the country of transit; or
- b) A certificate issued by the customs authorities of the country of transit:
5.

str. 55(i) Giving an exact description of the products; - (ii) Stating the dates of unloading and reloading of the products and, where applicable, the names of the ships, or the other means of transport used; and
- (iii) Certifying the conditions under which the products remained in the transit country; or
- c) Failing these, any substantiating documents.

Article 13 Exhibitions

str. 551. Originating products, sent for exhibition in a country other than a Contracting Party and sold after the exhibition for importation in a Contracting Party shall benefit on importation from the provisions of the Agreement provided it is shown to the satisfaction of the customs authorities that:

- a) An exporter has consigned these products from a Contracting Party to the country in which the exhibition is held and has exhibited them there;
- b) The products have been sold or otherwise disposed of by that exporter to a person in a Contracting Party;
- c) The products have been consigned during the exhibition or immediately thereafter in the state in which they were sent for exhibition; and
- d) The products have not, since they were consigned for exhibition, been used for any purpose other than demonstration at the exhibition. 2. A proof of origin must be issued or made out in accordance with the provisions of Title V and submitted to the customs authorities of the importing country in the normal manner. The name and address of the exhibition must be indicated thereon. Where necessary, additional documentary evidence of the conditions under which they have been exhibited may be required. 3. Paragraph 1 shall apply to any trade, industrial, agricultural or crafts exhibition, fair or similar public show or display which is not organized for private purposes in shops or business premises with a view to the sale of foreign products, and during which the products remain under customs control.

DRAWBACK OR EXEMPTION

Article 14

Prohibition of drawback of, or exemption from, customs duties

str. 551. Non-originating materials used in the manufacture of products originating in a Contracting Party for which a proof of origin is issued or made out in accordance with the provisions of Title V shall not be subject in that Contracting Party to drawback of, or exemption from, customs duties of whatever kind. 2.

str. 56The prohibition in paragraph 1 shall apply to any arrangement for refund, remission or non-payment, partial or complete, of customs duties or charges having an equivalent effect, applicable in a Contracting Party to materials used in the manufacture, where such refund, remission or non-payment applies, expressly or in effect, when products obtained from the said materials are exported and not when they are retained for home use there. 3. The exporter of products covered by a proof of origin shall be prepared to submit at any time, upon request from the customs authorities, all appropriate documents proving that no drawback has been obtained in respect of the non-originating materials used in the manufacture of the products concerned and that all customs duties or charges having equivalent effect applicable to such materials have actually been paid. 4. The provisions of paragraphs 1 to 3 shall also apply in respect of packaging within the meaning of Article 7 (2), accessories, spare parts and tools within the meaning of Article 8 and products in a set within the meaning of Article 9 when such items are non-originating. 5. The provisions of paragraphs 1 to 4 shall apply only in respect of materials which are of the kind to which the Agreement applies. Furthermore, they shall not preclude the application of an export refund system for agricultural products, applicable upon export in accordance with the provisions of the Agreement. 6. Notwithstanding paragraph 1, the Contracting Parties may apply arrangements for drawback of, or exemption from, customs duties or charges having an equivalent effect, applicable to materials used in the manufacture of originating products, subject to the following provisions:
- a) A 5 per cent rate of custom charge shall be retained in respect of products falling within Chapters 25 to 49 and 64 to 97 of the Harmonized System, or such lower rate as in force in Kosovo or Albania;
- b) A 10 per cent rate of custom charge shall be retained in respect of products falling within Chapters 50 to 63 of the Harmonized System, or such lower rate as in force in Kosovo or Albania. 7. The provisions of this Article shall apply from 1 January 2003 and may be reviewed by common accord.

PROOF OF ORIGIN

Article 15 General requirements

str. 57Products originating in a Contracting Party shall, on importation into the other Contracting Party benefit from the Agreement upon submission of either:
- a) A movement certificate EUR.1, a specimen of which appears in Annex III; or - b) In the cases specified in Article 21(1), a declaration, subsequently referred to as the 'invoice declaration', given by the exporter on an invoice, a delivery note or any other commercial document which describes the products concerned in sufficient detail to enable them to be identified; the text of the invoice declaration appears in Annex IV. 2. Notwithstanding paragraph 1, originating products within the meaning of this Protocol shall, in the cases specified in Article 26, benefit from the Agreement without it being necessary to submit any of the documents referred to above.

Article 16

Procedure for the issue of a movement certificate EUR.1

str. 571. A movement certificate EUR.1 shall be issued by the customs authorities of the exporting country on application having been made in writing by the exporter or, under the exporter's responsibility, by his authorized representative. 2. For this purpose, the exporter or his authorized representative shall fill out both the movement certificate EUR.1 and the application form, specimens of which appear in Annex III. These forms shall be completed in Albanian, Bulgarian or English languages and in accordance with the provisions of the domestic law of the exporting country. If they are handwritten, they shall be completed in ink in printed characters. The description of the products must be given in the box reserved for this purpose without leaving any blank lines. Where the box is not completely filled, a horizontal line must be drawn below the last line of the description, the empty space being crossed through. 3. The exporter applying for the issue of a movement certificate EUR.1 shall be prepared to submit at any time, at the request of the customs authorities of the exporting country where the movement certificate EUR.1 is issued, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Protocol. 4. A movement certificate EUR.1 shall be issued by the customs authorities of a Contracting Party if the products concerned can be considered as products originating in a Contracting Party and fulfill the other requirements of this Protocol. 5. The customs authorities issuing movement certificate EUR.1 shall take any steps necessary to verify the originating status of the products and the fulfilment of the other requirements of this Protocol.

str. 58For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate. They shall also ensure that the forms referred to in paragraph 2 are duly completed. In particular, they shall check whether the space reserved for the description of the products has been completed in such a manner as to exclude all possibility of fraudulent additions. 6. The date of issue of the movement certificate EUR.1 shall be indicated in Box 11 of the certificate. 7. A movement certificate EUR.1 shall be issued by the customs authorities and made available to the exporter as soon as actual exportation has been effected or ensured.

Article 17

Movement certificates EUR.1 issued retrospectively

str. 581. Notwithstanding Article 16(7), a movement certificate EUR.1 may exceptionally be issued after exportation of the products to which it relates if:
- a) It was not issued at the time of exportation because of errors or involuntary omissions or special circumstances; or
- b) It is demonstrated to the satisfaction of the customs authorities that a movement certificate EUR.1 was issued but was not accepted at importation for technical reasons. 2. For the implementation of paragraph 1, the exporter must indicate in his application the place and date of exportation of the products to which the movement certificate EUR.1 relates, and state the reasons for his request. 3. The customs authorities may issue a movement certificate EUR.1 retrospectively only after verifying that the information supplied in the exporter's application agrees with that in the corresponding file. 4. Movement certificates EUR.1 issued retrospectively must be endorsed with one of the following phrases:
5. The endorsement referred to in paragraph 4 shall be inserted in the "Remarks" box of the movement certificate EUR.1. EN

'ISSUED RETROSPECTIVELY'

SR

'NAKNADNO IZDATO' or 'HAKHA Д HO ИЗД ATO'

AL

'LËSHUAR APOSTERIORI'

Article 18

Issue of a duplicate movement certificate EUR.1

str. 581. In the event of theft, loss or destruction of a movement certificate EUR.1, the exporter may apply to the customs authorities which issued it for a duplicate made out on the basis of the export documents in their possession. 2. The duplicate issued in this way must be endorsed with one of the following words:
3. The endorsement referred to in paragraph 2 shall be inserted in the "Remarks" box of the duplicate movement certificate EUR.1. 4. The duplicate, which must bear the date of issue of the original movement certificate EUR.1, shall take effect as from that date. EN

'DUPLICATE'

SR

'DUPLIKAT' or ' Д U ПЛИ KAT'

AL

'DUBLIKATË'

Article 19 Issue of movement certificates EUR.1 on the basis of a proof of origin issued or made out previously

str. 59When originating products are placed under the control of a customs office in a Contracting Party, it shall be possible to replace the original proof of origin by one or more movement certificates EUR.1 for the purpose of sending all or some of these products elsewhere within one of the Contracting Parties. The replacement movement certificate(s) EUR.1 shall be issued by the customs office under whose control the products are placed.

Article 20

Accounting segregation

str. 591. Where considerable cost or material difficulties arise in keeping separate stocks of originating and non-originating materials which are identical and interchangeable, the customs authorities may, at the written request of those concerned, authorise the so-called 'accounting segregation' method to be used for managing such stocks. 2. This method must be able to ensure that, for a specific reference-period, the number of products obtained which could be considered as 'originating' is the same as that which would have been obtained if there had been physical segregation of the stocks. 3. The customs authorities may grant such authorisation, subject to any conditions deemed appropriate. 4. This method is recorded and applied on the basis of the general accounting principles applicable in the country where the product was manufactured. 5. The beneficiary of this facilitation may issue or apply for proofs of origin, as the case may be, for the quantity of products which may be considered as originating. At the request of the customs authorities, the beneficiary shall provide a statement of how the quantities have been managed. 6. The customs authorities shall monitor the use made of the authorisation and may withdraw it at any time whenever the beneficiary makes improper use of the authorisation in any manner whatsoever or fails to fulfil any of the other conditions laid down in this Protocol.

Article 21

Conditions for making out an invoice declaration

str. 591. An invoice declaration as referred to in Article 15(1)(b) may be made out:
- a) By an approved exporter within the meaning of Article 22, or
- b) By any exporter for any consignment consisting of one or more packages containing originating products whose total value does not exceed EUR 6 000.

str. 602. An invoice declaration may be made out if the products concerned can be considered as products originating in a Contracting Party and fulfill the other requirements of this Protocol. 3. The exporter making out an invoice declaration shall be prepared to submit at any time, at the request of the customs authorities of the exporting country, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Protocol. 4. An invoice declaration shall be made out by the exporter by typing, stamping or printing on the invoice, the delivery note or another commercial document, the declaration, the text of which appears in Annex IV, using one of the linguistic versions set out in that Annex and in accordance with the provisions of the domestic law of the exporting country. If the declaration is handwritten, it shall be written in ink in printed characters. 5. Invoice declarations shall bear the original signature of the exporter in manuscript. However, an approved exporter within the meaning of Article 22 shall not be required to sign such declarations provided that he gives the customs authorities of the exporting country a written undertaking that he accepts full responsibility for any invoice declaration which identifies him as if it had been signed in manuscript by him. 6. An invoice declaration may be made out by the exporter when the products to which it relates are exported, or after exportation on condition that it is presented in the importing country no longer than two years after the importation of the products to which it relates.

Article 22

Approved exporter

str. 601. The customs authorities of the exporting country may authorize any exporter, hereinafter referred to as 'approved exporter', who makes frequent shipments of products under this Agreement to make out invoice declarations irrespective of the value of the products concerned. An exporter seeking such authorisation must offer to the satisfaction of the customs authorities all guarantees necessary to verify the originating status of the products as well as the fulfilment of the other requirements of this Protocol. 2. The customs authorities may grant the status of approved exporter subject to any conditions which they consider appropriate. 3. The customs authorities shall grant to the approved exporter a customs authorization number which shall appear on the invoice declaration. 4. The customs authorities shall monitor the use of the authorization by the approved exporter. 5. The customs authorities may withdraw the authorization at any time. They shall do so where the approved exporter no longer offers the guarantees referred to in paragraph 1, no longer fulfills the conditions referred to in paragraph 2 or otherwise makes an incorrect use of the authorization.

Article 23 Validity of proof of origin

str. 611. A proof of origin shall be valid for four months from the date of issue in the exporting country, and must be submitted within the said period to the customs authorities of the importing country. 2. Proofs of origin which are submitted to the customs authorities of the importing country after the final date for presentation specified in paragraph 1 may be accepted for the purpose of applying preferential treatment, where the failure to submit these documents by the final date set is due to exceptional circumstances. 3. In other cases of belated presentation, the customs authorities of the importing country may accept the proofs of origin where the products have been submitted before the said final date.

Article 24

Submission of proof of origin

str. 61Proofs of origin shall be submitted to the customs authorities of the importing country in accordance with the procedures applicable in that country. The said authorities may require a translation of a proof of origin and may also require the import declaration to be accompanied by a statement from the importer to the effect that the products meet the conditions required for the implementation of the Agreement.

Article 25 Importation by instalments

str. 61Where, at the request of the importer and on the conditions laid down by the customs authorities of the importing country, dismantled or non-assembled products within the meaning of General Rule 2(a) of the Harmonized System falling within Sections XVI and XVII or headings 7308 and 9406 of the Harmonized System are imported by instalments, a single proof of origin for such products shall be submitted to the customs authorities upon importation of the first instalment.

Article 26

Exemptions from proof of origin

str. 62Products sent as small packages from private persons to private persons or forming part of travellers' personal luggage shall be admitted as originating products without requiring the submission of a proof of origin, provided that such products are not imported by way of trade and have been declared as meeting the requirements of this Protocol and where there is no doubt as to the veracity of such a declaration. In the case of products sent by post, this declaration can be made on the customs declaration CN22/CN23 or on a sheet of paper annexed to that document. 2. Imports which are occasional and consist solely of products for the personal use of the recipients or travellers or their families shall not be considered as imports by way of trade if it is evident from the nature and quantity of the products that no commercial purpose is in view. 3. Furthermore, the total value of these products shall not exceed EUR 500 in the case of small packages or EUR 1 200 in the case of products forming part of travellers' personal luggage.

Article 27

Supporting documents

str. 62The documents referred to in Articles 16(3) and 21(3) used for the purpose of proving that products covered by a movement certificate EUR.1 or an invoice declaration can be considered as products originating in a Contracting Party and fulfill the other requirements of this Protocol may consist inter alia of the following:

- a) Direct evidence of the processes carried out by the exporter or supplier to obtain the goods concerned, contained for example in his accounts or internal book-keeping;
- b) Documents proving the originating status of materials used, issued or made out in a Contracting Party where these documents are used in accordance with domestic law;
- c) Documents proving the working or processing of materials in a Contracting Party, issued or made out in a Contracting Party, where these documents are used in accordance with domestic law;
- d) Movement certificates EUR.1 or invoice declarations proving the originating status of materials used, issued or made out in a Contracting Party in accordance with this Protocol.

Article 28 Preservation of proof of origin and supporting documents

str. 621. The exporter applying for the issue of a movement certificate EUR.1 shall keep for at least three years the documents referred to in Article 16(3). 2. The exporter making out an invoice declaration shall keep for at least three years a copy of this invoice declaration as well as the documents referred to in Article 21(3). 3. The customs authorities of the exporting country issuing a movement certificate EUR.1 shall keep for at least three years the application form referred to in Article 16(2). 4. The customs authorities of the importing country shall keep for at least three years the movement certificates EUR.1 and the invoice declarations submitted to them.

Article 29

Discrepancies and

str. 63formal errors

1. The discovery of slight discrepancies between the statements made in the proof of origin and those made in the documents submitted to the customs office for the purpose of carrying out the formalities for importing the products shall not ipso facto render the proof of origin null and void if it is duly established that this document does correspond to the products submitted. 2. Obvious formal errors such as typing errors on a proof of origin should not cause this document to be rejected if these errors are not such as to create doubts concerning the correctness of the statements made in this document.

Article 30

Amounts expressed in euro

str. 631. For the application of the provisions of Article 21(1)(b) and Article 26(3) in cases where products are invoiced in a currency other than euro, amounts in the national currencies of the Contracting Parties equivalent to the amounts expressed in euro shall be fixed annually by each of the countries concerned. 2. A consignment shall benefit from the provisions of Article 21(1)(b) or Article 26(3) by reference to the currency in which the invoice is drawn up, according to the amount fixed by the country concerned. 3. The amounts to be used in any given national currency shall be the equivalent in that currency of the amounts expressed in euro as at the first working day of October and shall apply from 1 January the following year. The Contracting Parties shall notify each other by 15 October of the relevant amounts. 4. A country may round up or down the amount resulting from the conversion into its national currency of an amount expressed in euro. The rounded-off amount may not differ from the amount resulting from the conversion by more than 5 per cent. A country may retain unchanged its national currency equivalent of an amount expressed in euro if, at the time of the annual adjustment provided for in paragraph 3, the conversion of that amount, prior to any rounding-off, results in an increase of less than 15 per cent in the national currency equivalent. The national currency equivalent may be retained unchanged if the conversion would result in a decrease in that equivalent value. 5. The amounts expressed in euro shall be reviewed by the Joint Committee at the request of any of the Contracting Parties. When carrying out this review, the Joint Committee shall consider the desirability of preserving the effects of the limits concerned in real terms. For this purpose, it may decide to modify the amounts expressed in euro.

ARRANGEMENTS FOR ADMINISTRATIVE CO-OPERATION

Article 31 Mutual assistance

str. 641. The customs authorities of the Contracting Parties shall provide each other with specimen impressions of stamps used in their customs offices for the issue of movement certificates EUR.1 and with the addresses of the customs authorities responsible for verifying those certificates and invoice declarations. 2. In order to ensure the proper application of this Protocol, the Contracting Parties shall assist each other, through the competent customs administrations, in checking the authenticity of the movement certificates EUR.1 or the invoice declarations and the correctness of the information given in these documents.

Article 32

Verification of proofs of origin

str. 641. Subsequent verifications of proofs of origin shall be carried out at random or whenever the customs authorities of the importing country have reasonable doubts as to the authenticity of such documents, the originating status of the products concerned or the fulfilment of the other requirements of this Protocol. 2. For the purposes of implementing the provisions of paragraph 1, the customs authorities of the importing country shall return the movement certificate EUR.1 and the invoice, if it has been submitted, the invoice declaration, or a copy of these documents, to the customs authorities of the exporting country giving, where appropriate, the reasons for the enquiry. Any documents and information obtained suggesting that the information given on the proof of origin is incorrect shall be forwarded in support of the request for verification. 3. The verification shall be carried out by the customs authorities of the exporting country. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate. 4.

str. 65If the customs authorities of the importing country decide to suspend the granting of preferential treatment to the products concerned while awaiting the results of the verification, release of the products shall be offered to the importer subject to any precautionary measures judged necessary. 5. The customs authorities requesting the verification shall be informed of the results of this verification as soon as possible. These results must indicate clearly whether the documents are authentic and whether the products concerned can be considered as products originating in a Contracting Party and fulfill the other requirements of this Protocol. 6. If in cases of reasonable doubt there is no reply within ten months of the date of the verification request or if the reply does not contain sufficient information to determine the authenticity of the document in question or the real origin of the products, the requesting customs authorities shall, except in exceptional circumstances, refuse entitlement to the preferences.

Article 33 Dispute settlement

str. 651. Where disputes arise in relation to the verification procedures of Article 32 which cannot be settled between the customs authorities requesting a verification and the customs authorities responsible for carrying out this verification or where they raise a question as to the interpretation of this Protocol, they shall be submitted to the Joint Committee. 2. In all cases the settlement of disputes between the importer and the customs authorities of the importing country shall be under the legislation of the said country.

Article 34 Penalties

str. 65Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.

Article 35 Free zones

str. 66The Contracting Parties shall take all necessary steps to ensure that products traded under cover of a proof of origin which in the course of transport use a free zone situated in their territory, are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration. 2. By means of an exemption to the provisions contained in paragraph 1, when products originating in a Contracting Party are imported into a free zone under cover of a proof of origin and undergo treatment or processing, the authorities concerned shall issue a new movement certificate EUR.1 at the exporter's request, if the treatment or processing undergone is in conformity with the provisions of this Protocol.

FINAL PROVISIONS

Article 36

Sub-Committee on customs and origin matters

str. 661. A Sub-Committee on customs and origin matters shall be set up under the Joint Committee to assist it in carrying out its duties and to ensure a continuous information and consultation processed between experts. 2. It shall be composed of experts from both Contracting Parties responsible for questions related to customs and origin matters.

Article 37 Amendments to the Protocol

str. 66The Joint Committee may propose decisions to amend the provisions of this Protocol.

Article 38 Goods in transit or storage

str. 66The provisions of this Agreement may be applied to goods which comply with the provisions of this Protocol and which on the date of entry into force or on the date of application of this Agreement are either in the transit or are in a Contracting Party in temporary storage in bonded warehouses or in free zones, subject to the submission to the customs authorities of the importing Contracting Party, within four months of that date, of the certificate EUR.1 issued retrospectively by the competent authorities of the exporting Contracting Party together with the documents showing that the goods have been transported directly.

Note 1:

str. 66The list sets out the conditions required for all products to be considered as sufficiently worked or processed within the meaning of Article 5 of the Protocol.

Note 2:

str. 66- 2.1 The first two columns in the list describe the product obtained. The first column gives the heading number or chapter number used in the Harmonized System and the second column gives the description of goods used in that system for that heading or chapter. For each entry in the first two columns a rule is specified in columns 3 or 4. Where, in some cases, the entry in the first column is preceded by an 'ex', this signifies that the rules in columns 3 or 4 apply only to the part of that heading as described in column 2. - 2.2 Where several heading numbers are grouped together in column 1 or a chapter number is given and the description of products in column 2 is therefore given in general terms, the adjacent rules in columns 3 or 4 apply to all products which, under the Harmonized System, are classified in headings of the chapter or in any of the headings grouped together in column 1. - 2.3 Where there are different rules in the list applying to different products within a heading, each indent contains the description of that part of the heading covered by the adjacent rules in columns 3 or 4. - 2.4 Where, for an entry in the first two columns, a rule is specified in both columns 3 and 4, the exporter may opt, as an alternative, to apply either the rule set out in column 3 or that set out in column 4. If no origin rule is given in column 4, the rule set out in column 3 is to be applied.

Note 3:

str. 67- 3.1 The provisions of Article 5 of the Protocol, concerning products having acquired originating status which are used in the manufacture of other products , shall apply, regardless of whether this status has been acquired inside the factory where these products are used or in another factory in the Contracting Parties.

Example:

str. 67An engine of heading 8407, for which the rule states that the value of the non-originating materials which may be incorporated may not exceed 40 per cent of the ex-works price, is made from 'other alloy steel roughly shaped by forging' of heading ex 7224.

ANNEX I TO PROTOCOL B Introductory notes to the list in Annex II to Protocol B

Example:

str. 68The rule for fabrics of headings 5208 to 5212 provides that natural fibres may be used and that chemical materials, among other materials, may also be used. This does not mean that both have to be used; it is possible to use one or the other, or both. 3.5 Where a rule in the list specifies that a product must be manufactured from a particular material, the condition obviously does not prevent the use of other materials which, because of their inherent nature, cannot satisfy the rule. (See also Note 6.2 below in relation to textiles).

str. 68The rule for prepared foods of heading 1904 which specifically excludes the use of cereals and their derivatives does not prevent the use of mineral salts, chemicals and other additives which are not products from cereals. However, this does not apply to products which, although they cannot be manufactured from the particular material specified in the list, can be produced from a material of the same nature at an earlier stage of manufacture. In the case of an article of apparel of ex Chapter 62 made from non-woven materials, if the use of only non-originating yarn is allowed for this class of article, it is not possible to start from non-woven cloth - even if non-woven cloths cannot normally be made from yarn. In such cases, the starting material would normally be at the stage before yarn - that is, the fibre stage. - 3.6 Where, in a rule in the list, two percentages are given for the maximum value of nonoriginating materials that can be used, then these percentages may not be added together. In other words, the maximum value of all the non-originating materials used may never exceed the higher of the percentages given. Furthermore, the individual percentages must not be exceeded, in relation to the particular materials to which they apply.

Note 4:

str. 69- 4.1 The term 'natural fibres' is used in the list to refer to fibres other than artificial or synthetic fibres. It is restricted to the stages before spinning takes place, including waste, and, unless otherwise specified, includes fibres that have been carded, combed or otherwise processed, but not spun. - 4.2 The term 'natural fibres' includes horsehair of heading 0503, silk of headings 5002 and 5003, as well as wool-fibres and fine or coarse animal hair of headings 5101 to 5105, cotton fibres of headings 5201 to 5203 and other vegetable fibres of headings 5301 to 5305. - 4.3 The terms 'textile pulp', 'chemical materials' and 'paper-making materials' are used in the list to describe the materials not classified in Chapters 50 to 63, which can be used to manufacture artificial, synthetic or paper fibres or yarns. - 4.4 The term 'man-made staple fibres' is used in the list to refer to synthetic or artificial filament tow, staple fibres or waste, of headings 5501 to 5507.

Note 5:

str. 71- -Yarn made of polyurethane segmented with flexible segments of polyester, whether or not gimped,
- -Products of heading 5605 (metallized yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film,
- -Other products of heading 5605.

Example:

str. 71A yarn of heading 5205, made from cotton fibres of heading 5203 and synthetic staple fibres of heading 5506, is a mixed yarn. Therefore, non-originating synthetic staple fibres that do not satisfy the origin rules (which require manufacture from chemical materials or textile pulp) may be used, provided that their total weight does not exceed 10 per cent of the weight of the yarn.

str. 71A woollen fabric of heading 5112, made from woollen yarn of heading 5107 and synthetic yarn of staple fibres of heading 5509, is a mixed fabric. Therefore, synthetic yarn which does not satisfy the origin rules (which require manufacture from chemical materials or textile pulp), or woollen yarn that does not satisfy the origin rules (which require manufacture from natural fibres, not carded or combed or otherwise prepared for spinning) or a combination of the two, may be used, provided that their total weight does not exceed 10 per cent of the weight of the fabric.

str. 71Tufted textile fabric of heading 5802 made from cotton yarn of heading 5205 and cotton fabric of heading 5210 is only a mixed product if the cotton fabric is itself a mixed fabric being made from yarns classified in two separate headings or if the cotton yarns used are themselves mixtures.

str. 71If the tufted textile fabric concerned had been made from cotton yarn of heading 5205 and synthetic fabric of heading 5407, then, obviously, the yarns used are two separate basic textile materials and the tufted textile fabric is accordingly a mixed product. - 5.3 In the case of products incorporating 'yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped', this tolerance is 20 per cent in respect of this yarn.

str. 72- 5.4 In the case of products incorporating 'strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film', this tolerance is 30 per cent in respect of this strip. 6.1 Where, in the list, reference is made to this Note, textile materials (with the exception of linings and interlinings), which do not satisfy the rule set out in the list in column 3 for the made-up product concerned, may be used, provided that they are classified in a heading other than that of the product and that their value does not exceed 8 per cent of the ex-works price of the product. 6.2 Without prejudice to Note 6.3, materials which are not classified within Chapters 50 to 63 may be used freely in the manufacture of textile products, whether or not they contain textiles.

str. 72If a rule in the list provides that for a particular textile item (such as trousers), yarn must be used, this does not prevent the use of metal items, such as buttons, because buttons are not classified within Chapters 50 to 63. For the same reason, it does not prevent the use of slide-fasteners even though slide-fasteners normally contain textiles. 6.3 Where a percentage rule applies, the value of materials which are not classified within Chapters 50 to 63 must be taken into account when calculating the value of the nonoriginating materials incorporated.

Note 7

str. 727.1 For the purposes of headings ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, the 'specific processes' are the following:

- a) Vacuum distillation;
- b) Reinstallation by a very thorough fractionation process;
- c) Cracking;
- d) Reforming;
- e) Extraction by means of selective solvents;
- f) The process comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralization with alkaline agents; decolorization and purification with naturally active earth, activated earth, activated charcoal or bauxite;
- g) Polymerization;
- h) Alkylation;
- i) Iisomerization. 10. 7.2 For the purposes of headings 2710, 2711 and 2712, the "specific processes" are the following:

str. 73- a) Vacuum distillation;
- b) Redistillation by a very thorough fractionation process;
- c) Cracking;
- d) Reforming;
- e) Extraction by means of selective solvents;
- f) The process comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralization with alkaline agents; decolorization and purification with naturally active earth, activated earth, activated charcoal or bauxite;
- g) Polymerization;
- h) Alkylation;
- i) Isomerization;
- j) In respect of heavy oils of heading ex 2710 only, desulphurization with hydrogen resulting in a reduction of at least 85 per cent of the sulphur content of the products processed (ASTM D 1266-59 T method);
- k) In respect of products of heading 2710 only, deparaffining by a process other than filtering;
- l) In respect of heavy oils of heading ex 2710 only, treatment with hydrogen at a pressure of more than 20 bar and a temperature of more than 250°C with the use of a catalyst, other than to effect desulphurization, when the hydrogen constitutes an active element in a chemical reaction. The further treatment with hydrogen of lubricating oils of heading ex 2710 (e.g. hydrofinishing or decolorization) in order, more especially, to improve colour or stability shall not, however, be deemed to be a specific process;
- m) In respect of fuel oils of heading ex 2710 only, atmospheric distillation, on condition that less than 30 per cent of these products distils, by volume, including losses, at 300°C by the ASTM D 86 method;
- n) In respect of heavy oils other than gas oils and fuel oils of heading ex 2710 only, treatment by means of a high-frequency electrical brush-discharge;
- o) In respect of crude products (other than petroleum jelly, ozokerite, lignite wax or peat wax, paraffin wax containing by weight less than 0.75 per cent of oil) of heading ex 2712 only, de-oiling by fractional crystallization. 7.3 For the purposes of headings ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, simple operations such as cleaning, decanting, desalting, water separation, filtering, colouring, marking, obtaining a sulphur content as a result of mixing products with different sulphur contents, or any combination of these operations or like operations, do not confer origin.

ANNEX II 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

List of footnotes

str. 147

- (1) For the special conditions relating to 'specific processes', see Introductory Notes 7.1 and 7.3. - (2) For the special conditions relating to 'specific processes', see Introductory Note 7.2. - (3) Note 3 to Chapter 32 says that these preparations are those of a kind used for colouring any material or used as ingredients in the manufacture of colouring preparations, provided that they are not classified in another heading in Chapter 32. - (4) A 'group' is regarded as any part of the heading separated from the rest by a semicolon. - (5) In the case of the products composed of materials classified within both headings 3901 to 3906, on the one hand, and within headings 3907 to 3911, on the other hand, this restriction only applies to that group of materials which predominates by weight in the product. - (6) The following foils shall be considered as highly transparent: foils, the optical dimming of which, measured according to ASTM-D 1003-16 by Gardner Hazemeter (i.e. Hazefactor), is less than 2 %. - (7) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5. - (8) The use of this material is restricted to the manufacture of woven fabrics of a kind used in paper-making machinery. - (9) See Introductory Note 6. - (10) For knitted or crocheted articles, not elastic or rubberised, obtained by sewing or assembling pieces of knitted or crocheted fabrics (cut out or knitted directly to shape), see Introductory Note 6
- (11) SEMII - Semiconductor Equipment and Materials Institute Incorporated. - (12) This rule shall apply until 31.12.2005.

Printing Instructions

str. 1481. Each form shall measure 210 x 297 mm; a tolerance of up to minus 5 mm or plus 8 mm in the length may be allowed. The paper used must be white, sized for writing, not containing mechanical pulp and weighing not less than 25 g/m2. It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye. 2. The competent authorities of the Contracting Parties may reserve the right to print the certificates themselves or may have them printed by approved printers. In the latter case each form must include a reference to such approval. Each form must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, either printed or not, by which it can be identified.

DECLARATION BY THE EXPORTER

str. 148I, the undersigned, exporter of the goods described overleaf,

DECLARE that the goods meet the conditions required for the issue of the attached certificate;

SPECIFY as follows the circumstances which have enabled these goods to meet the above conditions:

...................................................................................................................

.....................................

str. 149..............................................................................

................................................................................................................... SUBMIT the following supporting documents 1 :

...................................................................................................................

...................................................................................................................

................................................................................................................... UNDERTAKE to submit, at the request of the appropriate authorities, any supporting evidence which these authorities may require for the purpose of issuing the attached certificate, and undertake, if required, to agree to any inspections of my accounts and to any check on the processes of manufacture of the above goods, carried out by the said authorities;

REQUEST the issue of the attached certificate for these goods. ..................................................................

(Place and date)

................................................................

(Signature)

(1) For example, import documents, movement certificates, manufacturer's declarations, etc. referring to the products used in manufacture or to the goods re-exported in the same state.

ANNEX IV TO PROTOCOL B Invoice declaration

Albanian version:

str. 150Eksportuesi i produkteve të përfshira në këtë dokument (autorizimi doganor Nr………... (1) )) deklaron që përveç rasteve kur tregohet qartësisht ndryshe, këto produkte janë me origjinë preferenciale ………. (2).

English version:

str. 150The exporter of the products covered by this document (customs authorization No ……. (1) ) declares that, except where otherwise clearly indicated, these products are of ..... preferential origin (2) .

Serbian Version:

str. 150Извозник производ a o бу x вађених овом исправ o м ( царинско овлашђ e ње б p............. (1)) изјављује да су , осим ако је то другачије изричито наведено , ови производи ...... (2) преферецијалног порекла . or

Izvoznik proizvoda obuhva ć enih ovom ispravom (carinsko ovla ść enje br………………(1)) izjavljuje da su, osim ako je druga ć ije izri ć ito navedeno, ovi proizvodi ............................... (2) preferencijalnog porekla. .........................................................

(3)

(Place and date)

..........................................................

(4)

(Signature of the exporter; in addition the name of the person signing the declaration has to be indicated in clear script)


(1) When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of this Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank. (2) Origin of products to be indicated. (3) These indications may be omitted if the information is contained on the document itself. (4) See Article 21(5) of the Protocol. In cases where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory.

MOVEMENT CERTIFICATE

str. 151- 1.Exporter (name, full address, country)

EUR. 1 No. A 000 000

See notes overside before completing this form

- 3.Consignee (name, full address, country) (Optional)

2. Certificate used in preferential trade between

......................................................................................

and

......................................................................................

(Insert appropriate countries, group of countries or territories). 4. Country, group of countries or territory in which the products are considered as originated

5. Country, group of countries or territory of destination

( 1 ) If goods are not packed indicate number of articles or state "in bulk" as appropriate

6. Transport details (Optional)

7. Remarks

8. Item number; marks and numbers; number and kind of packages ( 1 ); descriptions of goods

- 9.Gross mass

(kg) or other measure (litres, m 3 , etc.) - 10.Invoices (Optional)

( 2 ) Complete only where the regulations of the exporting country or territory require

11. CUSTOMS ENDORSEMENT

Declaration certified Stamp

Export document (

- [ ] 2 )

Form .......... No. ...........

Customs Office .................................................... Issuing country or territory ...................................

Place and date ................................

.....................................

( Signature)

12. DECLARATION BY THE EXPORTER I, the undersigned, declare that the goods described above meet the conditions required for the issue of this certificate

Place and date ..............................

.......................................................

(Signature)

13.

NOTES

str. 1521. Certificates must not contain erasures or words written over one another. Any alterations must be made by deleting the incorrect particulars and adding any necessary corrections. Any such alternation must be initialled by the person who completed the certificate and endorsed by the Customs authorities of the issuing country or territory. 2. No spaces must be left between the items entered on the certificate and each item must be preceded by an item number. A horizontal line must be drawn immediately below the last item. Any unused space must be struck through in such a manner as to make any later additions impossible. 3. Goods must be described in accordance with commercial practice and with sufficient detail to enable them to be identified. ( 1 ) If goods are not packed indicate number of articles or state "in bulk" as appropriate