Cooperation in the matters referred to in paragraph 1 shall be based on mutual consultations and close coordination between the Parties and shall include technical and administrative assistance for:
- The exchange of information on legislation and practices;
- The drafting of legislation;
- Enhancing the efficiency of the institutions;
- The training of staff;
- The security of travel documents and detection of false documents;
- Border management.
Cooperation shall focus in particular:
- In the field of asylum on the implementation of national legislation to meet the standards of the 1951 Geneva Convention and the 1967 New York Protocol, thereby to ensure that the principle of non-refoulement is respected as well as other rights of asylum seekers and refugees;
- In the field of legal migration, on admission rules and rights and status of the person admitted. In relation to migration, the Parties agree to the fair treatment of nationals of other countries who reside legally on their territories and to promote an integration policy aiming at making their rights and obligations comparable to those of their citizens.
Article 81. Prevention and Control of Illegal Immigration, and Readmission
1. The Parties shall cooperate in order to prevent and control illegal immigration. To this end, the Parties agree that, upon request and without further formalities, Albania and the Member States:
- Shall readmit any of their nationals illegally present on their territories;
- Shall readmit nationals of third countries and stateless persons illegally present on their territories and having entered the territory of Albania via or from a Member State, or having entered the territory of a Member State via or from Albania.
2. The Member States of the European Union and Albania shall provide their nationals with appropriate identity documents and shall extend to them the administrative facilities necessary for such purposes.
3. Specific procedures for the purpose of readmission of nationals and third country nationals and stateless persons are laid down in the Agreement between the European Community and Albania on the readmission of persons residing without authorisation, signed on 14 April 2005.
4. Albania agrees to conclude Readmission Agreements with the Stabilisation and Association Process countries and undertakes to take any necessary measures to ensure the flexible and rapid implementation of all Readmission Agreements referred to in this article.
5. The Stabilisation and Association Council shall establish other joint efforts that can be made to prevent and control illegal immigration, including trafficking and illegal migration networks.
Chapter III. Cooperation on Combating Money Laundering, Terrorism Financing, Illicit Drugs and Cooperation In Counter-terrorism
Article 82. Money Laundering and Terrorism Financing
1. The Parties shall cooperate closely in order to prevent the use of their financial systems for laundering of proceeds from criminal activities in general and drug offences in particular, as well as for the purpose of terrorist financing.
2. Cooperation in this area may include administrative and technical assistance designed to develop the implementation of regulations and efficient functioning of the suitable standards and mechanisms to combat money laundering and terrorism financing equivalent to those adopted by the Community and international fora in this field, in particular the Financial Action Task Force (FATF).
Article 83. Cooperation on Illicit Drugs
1. Within their respective powers and competences, the Parties shall cooperate to ensure a balanced and integrated approach towards drug issues. Drug policies and actions shall be aimed at reducing the supply of, trafficking in and the demand for illicit drugs as well as at a more effective control of precursors.
2. The Parties shall agree on the necessary methods of cooperation to attain these objectives. Actions shall be based on commonly agreed principles along the lines of the EU Drug Control Strategy.
Article 84. Counter-terrorism
In compliance with the international Conventions to which they are party and their respective laws and regulations, the Parties agree to cooperate in order to prevent and suppress acts of terrorism and their financing, especially those involving cross-border activities:
- In the framework of full implementation of United Nations Security Council Resolution 1373 (2001) on threats to international peace and security caused by terrorist acts and other relevant United Nations resolutions, international conventions and instruments;
- By exchanging information on terrorist groups and their support networks in accordance with international and national law;
- By exchanging experiences with regard to means and methods of combating terrorism and in technical areas and training, and by exchanging experience in respect of the prevention of terrorism.
Chapter IV. Cooperation In Criminal Matters
Article 85. Preventing and Combating Organised Crime and other Illegal Activities
The Parties shall cooperate on fighting and preventing criminal and illegal activities, organised or otherwise, such as:
- Smuggling and trafficking in human beings;
- Illegal economic activities, and in particular counterfeiting of currencies, illegal transactions relating to products such as industrial waste, radioactive material and transactions involving illegal or counterfeit products;
- Corruption, both in the private and public sector, in particular linked to non-transparent administrative practices;
- Fiscal fraud;
- Illicit trafficking in drugs and psychotropic substances;
- Smuggling;
- Illicit arms trafficking;
- Forging documents;
- Illicit car trafficking;
- Cybercrime.
Regional cooperation and compliance with recognised international standards in combating organised crime shall be promoted.
Title VIII. Cooperation Policies
Article 86. General Provisions on Cooperation Policies
1. The Community and Albania shall establish a close cooperation aimed at contributing to the development and growth potential of Albania. Such cooperation shall strengthen existing economic links on the widest possible foundation, to the benefit of both Parties.
2. Policies and other measures shall be designed to bring about sustainable economic and social development of Albania. These policies should ensure that environmental considerations are also fully incorporated from the outset and that they are linked to the requirements of harmonious social development.
3. Cooperation policies shall be integrated into a regional framework of cooperation. Special attention shall be devoted to measures that can foster cooperation between Albania and its neighbouring countries including Member States, thus contributing to regional stability. The Stabilisation and Association Council may define priorities between and within the cooperation policies described hereinafter.
Article 87. Economic and Trade Policy
1. The Community and Albania shall facilitate the process of economic reform by cooperating to improve understanding of the fundamentals of their respective economies and the formulation and implementation of economic policy in market economies.
2. At the request of the Albanian authorities, the Community may provide assistance designed to support Albania's efforts to establish a functioning market economy and gradually to approximate its policies to the stability-oriented policies of the Economic and Monetary Union.
3. Cooperation shall also aim at strengthening the rule of law in the business area through a stable and non-discriminatory trade-related legal framework.
4. Cooperation in this area shall include informal exchange of information concerning the principles and functioning of the European Economic and Monetary Union.
Article 88. Statistical Cooperation
Cooperation between the Parties shall primarily focus on priority areas related to the Community acquis in the field of statistics. It shall notably be aimed at developing an efficient and sustainable statistical system capable of providing comparable, reliable, objective and accurate data needed to plan and monitor the process of transition and reform in Albania. It shall also enable the Institute of Statistics of Albania to better meet the needs of its national and international customers (both public administration and private sector). The statistical system shall respect the fundamental principles of statistics issued by the United Nations, the European Statistical Code of Practice and the stipulations of the European Statistical Law, and develop towards the Community acquis.
Article 89. Banking, Insurance and other Financial Services
Cooperation between the Parties shall focus on priority areas related to the Community acquis in the fields of banking, insurance and financial services. The Parties shall cooperate with the aim of establishing and developing a suitable framework for the encouragement of the banking, insurance and financial services sectors in Albania.
Article 90. Audit and Financial Control Cooperation
Cooperation between the Parties shall focus on priority areas related to the Community acquis in the field of public internal financial control (PIFC) and external audit. The Parties shall, in particular, cooperate with the aim of developing efficient PIFC and external audit systems in Albania, in accordance with internationally accepted standards and methodologies and EU best practices.
Article 91. Investment Promotion and Protection
Cooperation between the Parties, within the scope of their respective competences, in the field of investment promotion and protection shall aim to bring about a favourable climate for private investment, both domestic and foreign, which is so essential to economic and industrial revitalisation in Albania.
Article 92. Industrial Cooperation
1. Cooperation shall aim to promote the modernisation and restructuring of the Albanian industry and individual sectors, as well as industrial cooperation between economic operators, with the objective of strengthening the private sector under conditions which ensure that the environment is protected.
2. Industrial cooperation initiatives shall reflect the priorities determined by both Parties. They shall take into account the regional aspects of industrial development, promoting trans-national partnerships when relevant. The initiatives shall seek in particular to establish a suitable framework for undertakings, to improve management and know-how and to promote markets, market transparency and the business environment.
3. Cooperation will take due account of the Community acquis in the field of industrial policy.
Article 93. Small and Medium-sized Enterprises
Cooperation between the Parties shall be aimed at developing and strengthening private sector small and medium-sized enterprises (SMEs) and shall take due account of priority areas related to the Community acquis in the field of SMEs, as well as the principles enshrined in the European Charter for Small Enterprises.
Article 94. Tourism
1. Cooperation between the Parties in the field of tourism shall be mainly aimed at strengthening the flow of information on tourism (through international networks, databanks, etc.) and transferring know-how (through training, exchanges, seminars). Cooperation shall take due account of Community acquis related to this sector.
2. Cooperation may be integrated into a regional framework of cooperation.
Article 95. Agriculture and the Agro-industrial Sector
Cooperation between the Parties shall focus on priority areas related to the Community acquis in the field of agriculture. Cooperation shall notably aim at modernising and restructuring the Albanian agriculture and agro-industrial sector, and at supporting the gradual approximation of Albanian legislation and practices to the Community rules and standards.
Article 96. Fisheries
The Parties shall explore the possibility of identifying mutually beneficial areas of common interest in the fisheries sector. Cooperation shall take due account of priority areas related to the Community acquis in the field of fisheries, including the respect of international obligations concerning International and Regional Fisheries Organisation rules of management and conservation of fishery resources.
Article 97. Customs
1. The Parties shall establish cooperation in this area with a view to guaranteeing compliance with the provisions to be adopted in the area of trade and to achieving the approximation of the customs system of Albania to that of the Community, thereby helping to pave the way for the liberalisation measures planned under this Agreement and for the gradual approximation of the Albanian customs legislation to the acquis.
2. Cooperation shall take due account of priority areas related to the Community acquis in the field of customs.
3. Protocol 6 establishes the rules on mutual administrative assistance between the Parties in the customs field.
Article 98. Taxation
1. The Parties shall establish cooperation in the field of taxation, including measures aiming at the further reform of the fiscal system and the restructuring of tax administration with a view to ensuring effectiveness of tax collection and the fight against fiscal fraud.
2. Cooperation shall take due account of priority areas related to the Community acquis in the field of taxation and in the fight against harmful tax competition. In this respect, the Parties recognise the importance of improving transparency and the exchange of information between the Member States of the European Union and Albania in order to facilitate the enforcement of measures preventing the avoidance or evasion of taxes. Furthermore, the Parties shall consult each other, as from the date of entry into force of this Agreement, with a view to eliminating harmful tax competition between the Member States of the European Union and Albania in order to ensure a level playing field in the area of business taxation.
Article 99. Social Cooperation
1. The Parties shall cooperate to facilitate the reform of Albanian employment policy, in the context of strengthened economic reform and integration. Cooperation shall also seek to support the adaptation of the Albanian social security system to the new economic and social requirements, and shall involve the adjustment of the Albanian legislation concerning working conditions and equal opportunities for women, as well as the improvement of the level of protection of the health and safety of workers, taking as a reference the level of protection existing in the Community.
2. Cooperation will take due account of priority areas related to the Community acquis in this field.
Article 100. Education and Training
1. The Parties shall cooperate with the aim of raising the level of general education and vocational education and training in Albania, as well as youth policy and youth work. A priority for higher education systems shall be the achievement of the objectives of the Bologna Declaration.
2. The Parties shall also cooperate with the aim of ensuring that access to all levels of education and training in Albania is free of discrimination on the grounds of gender, colour, ethnic origin or religion.
3. The relevant Community programmes and instruments shall contribute to the upgrading of educational and training structures and activities in Albania.
4. Cooperation shall take due account of priority areas related to the Community acquis in this field.
Article 101. Cultural Cooperation
The Parties undertake to promote cultural cooperation. This cooperation serves inter alia to raise mutual understanding and esteem between individuals, communities and peoples. The Parties also undertake to cooperate to promote cultural diversity, notably within the framework of the UNESCO Convention on the protection and the promotion of the diversity of cultural expressions.
Article 102. Cooperation In the Audio-visual Field
1. The Parties shall cooperate to promote the audio-visual industry in Europe and encourage coproduction in the fields of cinema and television.
2. Cooperation could include inter alia programmes and facilities for the training of journalists and other media professionals, as well as technical assistance to the media, both public and private, so as to reinforce their independence, professionalism and links with the European media.
3. Albania shall align its policies on the regulation of content aspects of cross-border broadcasting with those of the Community and shall harmonise its legislation with the Community acquis. Albania shall pay particular attention to matters relating to the acquisition of intellectual property rights for programmes and broadcasts by satellite, terrestrial frequencies and cable.
Article 103. Information Society
1. Cooperation shall primarily focus on priority areas related to the Community acquis regarding the information society. It shall mainly support Albania's gradual alignment of its policies and legislation in this sector with those of the Community.
2. The Parties shall also cooperate with a view to further developing the Information Society in Albania. Global objectives shall be preparing society as a whole for the digital age, attracting investments and ensuring the interoperability of networks and services.
Article 104. Electronic Communications Networks and Services
1. Cooperation shall primarily focus on priority areas related to the Community acquis in this field.
2. The Parties shall, in particular, strengthen cooperation in the area of electronic communications networks and associated services, with the ultimate objective of the adoption by Albania of the Community acquis in these sectors one year after the date of entry into force of this Agreement.
Article 105. Information and Communication
The Community and Albania shall take the measures necessary to stimulate the mutual exchange of information. Priority shall be given to programmes aimed at providing the general public with basic information about the Community and professional circles in Albania with more specialised information.
Article 106. Transport
1. Cooperation between the Parties shall focus on priority areas related to the Community acquis in the field of transport.
2. Cooperation may notably aim at restructuring and modernising the Albanian transport modes, improving the free movement of passengers and goods, enhancing the access to the transport market and facilities, including ports and airports, supporting the development of multi-modal infrastructures in connection with the main trans-European networks, notably to reinforce regional links, achieving operating standards comparable to those in the Community, developing a transport system in Albania compatible and aligned with the Community system and improving the protection of environment in transport.
Article 107. Energy
Cooperation shall focus on priority areas related to the Community acquis in the field of energy, including nuclear safety aspects as appropriate. It shall reflect the principles of the market economy and it shall be based on the signed regional Energy Community Treaty with a view to the gradual integration of Albania into Europe's energy markets.
Article 108. Environment
1. The Parties shall develop and strengthen their cooperation in the vital task of combating environmental degradation, with the aim of promoting environmental sustainability.
2. Cooperation shall mainly focus on priority areas related to the Community acquis in the field of environment.
Article 109. Cooperation In Research and Technological Development
1. The Parties shall encourage cooperation in civil scientific research and technological development on the basis of mutual benefit and, taking into account the availability of resources, adequate access to their respective programmes, subject to appropriate levels of effective protection of intellectual, industrial and commercial property rights.
2. Cooperation shall take due account of the priority areas related to the Community acquis in the field of research and technical development.
3. Cooperation shall be implemented according to specific arrangements to be negotiated and concluded according to the procedures adopted by each Party.
Article 110. Regional and Local Development
1. The Parties shall seek to strengthen regional and local development cooperation, with the objective of contributing to economic development and reducing regional imbalances. Specific attention shall be given to cross-border, trans-national and interregional cooperations.
2. Cooperation shall take due account of the priority areas related to the Community acquis in the field of regional development.
Article 111. Public Administration
1. Cooperation shall aim at ensuring the development of an efficient and accountable public administration in Albania, notably to support rule of law implementation, the proper functioning of the state institutions for the benefit of the Albanian population as a whole and the smooth development of the relations between the European Union and Albania.
2. Cooperation in this area shall mainly focus on institution building, including the development and implementation of transparent and impartial recruitment procedures, human resources management, career development for the public service, continued training and the promotion of ethics within the public administration, and e-government. Cooperation shall cover both the central and the local administrations.
Title IX. Financial Cooperation
Article 112.
In order to achieve the objectives of this Agreement and in accordance with Articles 3, 113 and 115, Albania may receive financial assistance from the Community in the form of grants and loans, including loans from the European Investment Bank. Community aid remains tied to the fulfilment of the principles and conditions set out in the conclusions of the General Affairs Council of 29 April 1997 taking into account the results of the annual reviews of the countries of the Stabilisation and Association Process, the European Partnerships, and of other Council conclusions, pertaining in particular to the respect of adjustment programmes. Aid granted to Albania shall be geared to observed needs, chosen priorities, the capacity to absorb and repay, and the measures taken to reform and restructure the economy.
Article 113.
Financial assistance, in the form of grants, shall be covered by the operation measures provided for in the relevant Council Regulation within a multi-annual indicative framework established by the Community following consultations with Albania.
Financial assistance may cover all sectors of cooperation, paying particular attention to justice, liberty and security, approximation of legislation and economic development.
Article 114.
At the request of Albania and in case of special need, the Community could examine in coordination with international financial institutions, the possibility of granting on an exceptional basis macro-financial assistance subject to certain conditions and taking into account the availability of all financial resources. This assistance would be released subject to the fulfilment of conditions to be established in the context of a programme agreed between Albania and the IMF.
Article 115.
In order to permit optimum use of the resources available, the Parties shall ensure that Community contributions are made in close coordination with those from other sources such as the Member States, other countries and international financial institutions.
To this effect, information on all sources of assistance shall be exchanged regularly between the Parties.
Title X. Institutional, General and Final Provisions
Article 116.
A Stabilisation and Association Council is hereby established. Its task shall be to supervise the application and implementation of this Agreement. It shall meet at an appropriate level at regular intervals and when circumstances require to examine any major issues arising within the framework of this Agreement and any other bilateral or international issues of mutual interest.
Article 117.
1. The Stabilisation and Association Council shall consist of the members of the Council of the European Union and members of the Commission of the European Communities, on the one hand, and of members of the Government of Albania, on the other.
2. The Stabilisation and Association Council shall establish its Rules of Procedure.
3. The members of the Stabilisation and Association Council may arrange to be represented, in accordance with the conditions to be laid down in its Rules of Procedure.
4. The Stabilisation and Association Council shall be chaired in turn by a representative of the Community and a representative of Albania, in accordance with the provisions to be laid down in its Rules of Procedure.
5. In matters that concern it, the European Investment Bank shall take part, as an observer, in the work of the Stabilisation and Association Council.
Article 118.
The Stabilisation and Association Council shall, for the purpose of attaining the objectives of this Agreement, have the power to take decisions within the scope of this Agreement in the cases provided for therein. The decisions taken shall be binding on the Parties, which shall take the measures necessary to implement the decisions taken. The Stabilisation and Association Council may also make appropriate recommendations. It shall draw up its decisions and recommendations by agreement between the Parties.
Article 119.
Each Party shall refer to the Stabilisation and Association Council any dispute relating to the application or interpretation of this Agreement. The Stabilisation and Association Council may settle the dispute by means of a binding decision.
Article 120.
1. The Stabilisation and Association Council shall be assisted in the performance of its duties by a Stabilisation and Association Committee, composed of representatives of the Council of the European Union and of representatives of the Commission of the European Communities, on the one hand, and of representatives of Albania on the other.
2. In its Rules of Procedure the Stabilisation and Association Council shall determine the duties of the Stabilisation and Association Committee, which shall include the preparation of meetings of the Stabilisation and Association Council, and shall determine how the Committee shall function.
3. The Stabilisation and Association Council may delegate to the Stabilisation and Association Committee any of its powers. In this event the Stabilisation and Association Committee shall take its decisions in accordance with the conditions laid down in Article 118.