ALBANIA. Overview of Regulatory and Procedural reforms to alleviate barriers to trade

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ALBANIA Overview of Regulatory and Procedural reforms to alleviate barriers to trade 1. Introduction Since the accession of Albania in WTO the trade policy has been inspired by the WTO guiding principles and approach. The whole strategy of the trade policy since membership in the World Trade Organization is based on (i) a strategic document, which is Albania's Membership Report in this Organization, and (ii) the Results of the Uruguay Round of Multilateral Trade Negotiations, ratified by Albanian Parliament, being as such part of the internal legislation. This approach is complemented with the Stabilisation and Association Agreement with the European Communities and their Member States, the Free Trade Agreement with the Central European Countries (CEFTA) 2006, the Free Trade Agreement with Turkey and the Free Trade Agreement with EFTA states. The implementation of the strategic commitments, form part of the trade policy platform of Albania and are integral parts of government programs and implementing documents for all institutions involved in trade policy making and implementation. The Albanian's trade policy has been inspired by the WTO guiding principles and approaches. The whole strategy of trade policy, since membership in the WTO is based on the Albania's membership report in this organization, Results of the Uruguay round for multilateral trade negotiations. Albania, being a WTO member since September 2000 and pursuant to its commitments does not apply any quantitative restrictions in trade. 2. Importance of regional trade for Albania Trade has a very important role in the economic development of the country. The trade in goods contributed with 54.48% in GDP for 2012 versus 38% in 2000 and 42% in 2006. Exports increased from year to year by 2 percentage points more than imports. Products which have the largest weight of exports during this decade and which have been became traditional export products are textiles, clothing and foot wear. These two categories contribute approximately 30% to the total exports of Albania. Metals, minerals and a range of food products have also had a considerable weight in the country's exports.

A considerable part of trade deficit (approximately half of it) is traditionally covered by remittances of Albanians living abroad, mainly in two neighbouring countries Italy and Greece. From 2000 until 2008, remittances have increased on an average of 16% per year. The last years remittances have decreased considerably, from 952 Mln Euro in 2007 to 675 Mln Euro in 2012, creating as such difficulties for the balance of payment. Main patterns of trade are as following: Albanian trade volume signalled a continuous increase through years. Export increase from 2006 is at an average of 2.75 times (e.g. after entry into force of CEFTA 2006). Export increased 11.5% in 2013 compared with 2012, though trade volume did not increase that much. Trade openness is at 60%. Moreover, this index increased much more for export than import providing hopes for economic revitalization. In 2008 for the first time the ratio export/import is 1 Euro exported for 3 Euro imported, ratio that since early 90 s was 1 to 4. In 2013 this ratio reached 1 export to 2 imports. Trade balance, decreased through years though, is still negative. Measured as percentage to GDP this index improved from -24% in 2006 to -20% in 2012. Trade liberalization in general produced positive effects for Albania in terms of increase of regional trade. Thus, trade with CEFTA countries prior to trade liberalization was at 3-4% of the total trade of Albania. In 2012 it reached 15%, showing the direct impact of market openness and liberal tariff regime among CEFTA countries. Free trade agreements contributed to the reorientation of Albanian exports. Greece has been the second exporting country for Albania after the 90 s, due to high Albanians emigration in Greece as well as market proximity. From 2010, exporting partners have changed. Kosovo and Turkey are important destination for Albanian exports. European Union remains the main trading partner for Albania though its share to the total trade is decreasing every year. Albanian export to EU prior CEFTA 2006 was at 90% of total exports while after 2010 this figure is at an average of 70%. 3. Private sector development The private sector is the main driver of the economic growth, with a contribution of about 80% of GDP, and over 82.9 % of employment. In the framework of business climate and creating a friendly environment investments, the Albanian Government has undertaken a

comprehensive regulatory reform, where the core of the measures consist on the reduction of administrative burdens and costs of doing business. Economic growth of Albania is sustained by clear policies in support to private sector development and protection of foreign investment. Albania has undertaken through years very ambitious reforms to improve business environment such as: transformation of the system of registration and licensing into one-stop-shop, e-procurement, tax reform and e-tax etc., which have improved considerably the easing of doing business in Albania. However, complementary policies to increase competitiveness, boost trade and alleviate burden for businesses are crucial. 4. Integration to European Union From April 1, 2009, Stabilization and Association Agreement with European Union and its members entered into force. This requires an intensive process of legislation harmonization and institutional strengthening. As a result, a national plan on SAA implementation is prepared and it is monitored on regular basis. Based on the analysis, this plan is updated and upgraded to reflect the economic development in the country and European integration requirements. For each chapter of EU acquis inter-institutional groups are established and detailed plans for transposition of the acquis are prepared. This process is seen as complementary with the regional integration and a clear balance is established. Compliant with SAA provisions, free trade area is established between Albania and EU members. Moreover, no quantitative restrictions and measures having equivalent effect are abolished. Albania is following the EU Common Commercial Policy and aligning its national policy to the former one. 5. Trade policy and removal of barriers to trade The objective of Albanian Government in trade policy area aims to: (i) liberalization of trade, for ensuring economic development, increase of exports, encourage of investment in general and particularly foreign direct investments, (ii)harmonize the Albanian legislation with international trade rules,, (iii) harmonization with the European Common Commercial Policy, etc. Since the membership of the Republic of Albania to the WTO (September 2000), our country has realized the full liberalization of import export regime of goods. Further orientation of trade policy in Albania is the liberalization and harmonization with the elimination of all non-tariff barriers to trade misleading effects. The tariffs applied by Albania on imports are very low. Albanian overall bound tariff is 6.6% while the average tariff applied for 2013 is 1,43%. The

main challenge of Albanian trade policy is to balance the deepening of liberalization in general, and the deepening of the rate (tariff) in particular, with the measures for eliminating the artificial administrative barriers and technical barriers to trade. In order to realize the above mentioned goals, Albania has constantly liberalized its trade participating very actively in the regional liberalization process and further on. Albania, being one of the parties of the Memorandum of Understanding on Trade Liberalization and Facilitation in Southeast Europe since June 2001, has undertaken a whole process to liberalize trade concluding as such free trade agreements with Macedonia, Kosovo, Serbia and Montenegro, Bulgaria, Romania, Bosnia and Herzegovina, Croatia, Moldova. This process was followed by the liberalization process towards the unique agreement on free trade, CEFTA 2006. This agreement is not a formal transformation of the network of many free trade agreements into one agreement, but it reflects a higher level of trade integration and a new concept of regional cooperation. This cooperation is focused not only in trade in goods but also in the trade in services, investment promotion, public procurement, etc. The Stabilization and Association Agreement with European Union, in force for trade aspects from 1 st of December 2006 deepened further the level of liberalization. Considering the fact that European Union is the main trading partner for Albania, tariff liberalization with EU affected a lot the lowering of trade barriers in trade. Moreover, this agreement is a great promoter of our opportunities toward the development of the country, because, despite the increased market access to European market Albanian exports do face other barriers that are in particular related to technical requirements and standards. For this an extensive harmonization of legislation is in process from 2009. This process provides a safe and necessary tool of our country toward the membership in the European Union. Regional integration and elimination of NTBs are at the core of Albanian trade policy. CEFTA is not only a free trade agreement but a waiting room for EU accession, providing for opportunities to grow, prosper and develop as a region. 6. Main achievements to date in regional integration CEFTA 2006 brought the regional cooperation at a higher standard. CEFTA 2006, although a complex free trade agreement provided for ambitious objectives and vision, and a new approach for regional partners, competitiveness and unified trade policies. The first main and direct effect of CEFTA 2006 was the uniformity on rules and procedures stipulated by the agreement among the parties, providing as such same treatment in the areas agreed. CEFTA 2006 main achievements are:

Application of WTO rules and procedures by all the parties even if not members. This made the membership to WTO not a prerequisite for having this agreement. Very rapid full liberalization of industrial goods, 31 December 2008. This is two years from the signing of the agreement but in practice it took one year and a half 1. Ambitious objective to consider granting further agriculture concessions not later than 1 may 2009. Agriculture trade is negotiated bilaterally and therefore the process to reconsider further concessions was complex and difficult to manage. Currently almost full liberalization in agriculture trade is achieved. Only few tariff lines are not liberalized in trade between Albania and BiH, in which in the final stage of liberalization, and between Macedonia and Moldova. Competition rules based on EU principles, namely the articles 81, 82 and 86 of the Treaty establishing the European Community. Clear objective to broaden the cooperation in the area of trade in services with the aim to achieving a progressive liberalization and mutual opening of services market. Currently, CEFTA parties have agreed to launch the negotiations during the first quarter of 1014. The scope of liberalization will be in compliance with the GATS Article V and have GATS+ schedule of commitments. Opening of government procurement markets by 1 May 2010. Clauses of equal treatment to investors and commitment to ensure the same level of protection of intellectual property by 1 May 2014. While the tariffs are abolished yet CEFTA 2006 and regional trade is under potentials. Considerable efforts are dedicate to the removal of NTBs and unnecessary trade restrictions. Main focus in 2013 for the removal of NTBS has been as following: a) Facilitating the regional trade through simplifying trade related procedures and regulations, and eliminating unnecessary barriers to trade, through enhancement of cooperation in SPS area, reducing technical barriers to trade, engaging on recognition of test report of CABs as well as on concluding the agreements on conformity issues, developing regional non-risk profiles in customs and introduction of AEO concept in the regional trade. Moreover, consolidation of the existing electronic data exchange 1 The CEFTA 2006 entered into force for Albania, Macedonia, Moldova, Montenegro and Kosovo on 26.07.2007, followed by Croatia on 22.08.2007, Serbia on 24.10.2007, BiH on 22.11.2007

capabilities, simplification of customs procedures and reduction of documentary requirements, with the aim of facilitating trade among CEFTA countries has been at core of the activities during 2013. b) Increasing the transparency in the areas with direct or indirect impact on trade, through: The creation of CEFTA SPS Database which provides information on the key laws, bylaws and measures in three relevant fields (sanitary, phytosanitary and veterinary) in any CEFTA country, region. The online notification of the SPS measures will be added in the later stage. The easily accessible database will significantly contribute to the reduction of SPS related non-tariff barriers to regional trade. Increasing transparency in TBT, by notifying all TBT from 1 January 2013. In addition, the TBT platform, which will comprise online notification on TBT as well as other relevant information on quality infrastructure, is developed although further actions are needed. Keeping CEFTA Trade Portal fully functional, updating and upgrading the information for trade regulations and procedures. c) Strengthening the involvement of private sector in CEFTA through CEFTA Forum in the activities of CEFTA Subcommittees 7. Future prospects to regional integration and removal of trade barriers Most of the barriers are created beyond the borders, though the border barriers are the most visible and reported. Countries engage in removal of border barriers as a tool to facilitate trade. However many barriers are created beyond the borders and due to national policies and legislation. To alleviate burden to business, Albanian Government is committed in national and regional programs to improve business climate in general and eliminate unnecessary trade barriers. National actions: a) Systemic removal of barriers to business, with a particular focus on Doing Business Report. Trading across borders is among the core indicators to be further improved. For that an Inter-ministerial working group is established and a national plan, with concrete measures for each indicator, is in the preparatory phase.

b) Establishment of the required institutional arrangement for trade facilitation. The establishment of a National Committee for Trade facilitation is under discussion. An action plan to facilitate trade between Albania and Kosovo is under preparation. This approach is to be replicated then with other neighbouring countries c) Harmonization of technical regulations with main trading partners in priority areas is at process. d) Increase of transparency for the legislation and measures affecting trade. All national websites of public institutions are re-designed with a friendly user format, providing detailed information for business and trade legislation. Regional actions: a) The Strategy SEE 2020 is the main document approved by Ministers of Economy of the region to boost trade, increase competitiveness and strengthen economies of the region. Trade and investment as one of the pillars of the strategy will focus considerably in eliminating trade barriers, with the primary focus in SPS measure, TBT and administrative barriers (i.e. customs procedures mainly). Along with its constructive and active role within the CEFTA structures, Albania is considering all aspects of the SEE 2020 as integral part of all national sectorial strategies as well as the National Strategy for Development and Integration. In addition, the implementation of the SEE 2020 is coordinated by a high level inter-institutional working group. A national plan, incorporating all measure and reforms proposed under SEE 2020 will be finalized soon, and it s expected to be approved within March 2014. Through all the national taken measures and regional actions mentioned above the Albanian government is committed to helping remove all the unnecessary barriers with the aim of continuously improving the economic cooperation with the other countries and improving the business climate within the country.