L 239 Official Journal
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ISSN 1725-2555 Official Journal L 239 of the European Union Volume 49 English edition Legislation 1 September 2006 Contents I Acts whose publication is obligatory ...... II Acts whose publication is not obligatory Council 2006/580/EC: ★ Council Decision of 12 June 2006 concerning the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Albania, of the other part .................................................... 1 Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Albania, of the other part ................................................................. 2 Protocol 1 on iron and steel products (SAA protocol 1) ...................................................... 74 Protocol 2 on trade between Albania and the Community in the sector of processed agricultural products (SAA protocol 2) ................................................................................................ 76 Protocol 3 on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine, spirit drinks and aromatised wine names (SAA protocol 3) ................................. 106 Protocol 4 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (SAA protocol 4) .................................................................................. 160 Protocol 5 on mutual administrative assistance in customs matters (SAA protocol 6) . 238 Final act ........................................................................................................ 242 Corrigenda ★ Corrigendum to Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 (OJ L 210, 31.7.2006) .......................................................... 248 Price: 38 EUR Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. EN The titles of all other acts are printed in bold type and preceded by an asterisk. 1.9.2006 EN Official Journal of the European Union L 239/1 II (Acts whose publication is not obligatory) COUNCIL COUNCIL DECISION of 12 June 2006 concerning the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Albania, of the other part (2006/580/EC) THE COUNCIL OF THE EUROPEAN UNION, HAS DECIDED AS FOLLOWS: Having regard to the Treaty establishing the European Commu- Article 1 nity, and in particular Article 133 in conjunction with Article 300 (2), first subparagraph, and Article 300(3), first sentence thereof, 1. The Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Having regard to the proposal from the Commission, Republic of Albania, of the other part (hereinafter referred to as the Agreement), the Annexes and Protocols annexed thereto, as Whereas: well as the Declarations attached to the Final Act are hereby approved on behalf of the Community. (1) Pending the entry into force of the Stabilisation and Association Agreement between the European Commu- 2. The texts referred to in paragraph 1 are attached to this nities and their Member States, of the one part, and the Decision. Republic of Albania, of the other part, signed in Luxembourg on 12 June 2006, it is necessary to approve Article 2 the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the The President of the Council is hereby authorised to designate Republic of Albania, of the other part. the person(s) empowered, on behalf of the Community, to sign the Agreement and deposit the instrument of approval provided (2) The commercial provisions contained in the Agreement are for in Article 56 of the Agreement. of an exceptional nature, connected with the policy implemented within the framework of the Stabilisation and Association Process and will not constitute, for the Done at Luxembourg, 12 June 2006. European Union, any precedent in the commercial policy of the Community with regard to third countries other than For the Council those of the Western Balkans. The President (3) The Agreement should be signed and approved, U. PLASSNIK L 239/2 EN Official Journal of the European Union 1.9.2006 INTERIM AGREEMENT on trade and trade-related matters between the European Community, of the one part, and the Republic of Albania, of the other part THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’, of the one part, and THE REPUBLIC OF ALBANIA, hereinafter referred to as ‘Albania’, of the other part, Whereas: (1) The Stabilisation and Association Agreement between the European Communities and its Member States, of the one part, and Albania, of the other part (hereinafter referred to as the Stabilisation and Association Agreement), was signed in Luxembourg on 12 June 2006. (2) The Stabilisation and Association Agreement is intended to establish a close and lasting relationship based on reciprocity and mutual interest, which should allow Albania to further strengthen and extend the already established relationship with the European Union. (3) It is necessary to ensure the development of trade links by strengthening and widening the relations established previously, notably by the Agreement between the European Economic Community and the Republic of Albania, on Trade and Commercial and Economic Cooperation (hereinafter referred to as Agreement on Trade and Commercial and Economic Cooperation), signed on 11 May 1992, which entered into force on 4 December 1992. (4) To this end it is necessary to implement as speedily as possible, by means of an Interim Agreement, provisions of the Stabilisation and Association Agreement on trade and trade‑related matters. (5) Some of the provisions included in Protocol 5 to the Stabilisation and Association Agreement on land transport, which are related to road transit traffic, are directly linked to free movement of goods and should consequently be included in this Interim Agreement. (6) It is necessary to ensure that pending the entry into force of the Stabilisation and Association Agreement and the establishment of the Stabilisation and Association Council, the Joint Committee set up by the Agreement on Trade and Commercial and Economic Cooperation can exercise the powers assigned by the Stabilisation and Association Agreement to the Stabilisation and Association Council and the Stabilisation and Association Committee, which are necessary in order to implement the Interim Agreement, HAVE DECIDED to conclude this Agreement and to this end have designated as their plenipotentiaries: THE EUROPEAN COMMUNITY — Ursula PLASSNIK, Federal Minister for Foreign Affairs of the Republic of Austria, President-in-Office of the Council of the European Union — Olli REHN, Member of the European Commission with responsibility for Enlargement 1.9.2006 EN Official Journal of the European Union L 239/3 ALBANIA — Sali BERISHA, Prime Minister WHO, having exchanged their full powers, found in good and due form, HAVE AGREED AS FOLLOWS: TITLE I 4. The reduced duties to be applied by Albania calculated as set out in this Agreement shall be rounded to whole numbers using common arithmetical principles. Therefore, all figures which GENERAL PRINCIPLES have less than 50 (included) after the decimal point shall be rounded down to the nearest whole number and all figures which have more than 50 after the decimal point shall be rounded up to the nearest whole number. Article 1 (SAA Article 2) 5. If, after the signature of this Agreement, any tariff reduction Respect for the democratic principles and human rights as is applied on an erga omnes basis, in particular reductions proclaimed in the Universal Declaration of Human Rights and as resulting from the tariff negotiations in the WTO, such reduced defined in the European Convention on Human Rights, in the duties shall replace the basic duty referred to in paragraph 3 as Helsinki Final Act and the Charter of Paris for a New Europe, from the date when such reductions are applied. respect for international law principles and the rule of law as well as the principles of market economy as reflected in the 6. The Community and Albania shall communicate to each Document of the CSCE Bonn Conference on Economic other their respective basic duties. Cooperation, shall form the basis of the domestic and external policies of the Parties and constitute essential elements of this Agreement. CHAPTER I Industrial products Article 2 (SAA Article 7) Article 4 (SAA Article 17) This Agreement shall be fully compatible with and implemented in a manner consistent with the relevant WTO provisions, in particular Article XXIV of the GATT 1994. 1. The provisions of this Chapter shall apply to products originating in the Community or in Albania listed in Chapters 25 to 97 of the Combined Nomenclature, with the exception of the products listed in Annex I, § I, (ii) of the Agreement on TITLE II agriculture (GATT 1994). FREE MOVEMENT OF GOODS 2. Trade between the Parties in products covered by the Treaty establishing the European Atomic Energy Community shall be conducted in accordance with the provisions of that Treaty. Article 3 (SAA Article 16) Article