Cluster 2 – Internal Market

Cluster 2 – Internal Market, consisting of 9 chapters, has the general purpose for candidate countries to align their legislation and institutions with EU standards to participate fully and competitively in its internal market. 

The chapters under the Internal Market Cluster should not be seen in isolation, as several have commonalities and so interact with each other to be mutually reinforcing. For example, market surveillance is a key component of the structure of the free movement of goods, ensuring that safe products are placed on the EU internal market, but it is also a key component of the structure of consumer and health protection, as it helps to ensures that consumers are protected from unsafe products.  

For all the chapters within this cluster, a total of 30 provisional closing benchmarks have been set by the EU with the opening of negotiations on 14 April 2025.

Chapter 1 – Free movement of goods

As one of the four fundamental freedoms of the EU, the free movement of goods requires the removal of all technical barriers to trade among Member States, creating a unified and competitive market. For Albania, this means eliminating any trade obstacles that could hinder the entry of products originating from the EU, through harmonisation of national legislation, technical regulations, and standards—especially in sectors with higher risks to consumer safety. Subareas of this chapter are: general principles; horizontal measures (standardisation, conformity assessment and the CE mark, accreditation, legal metrology, market surveillance, notification procedures; product liability); ‘new and global approach’ product legislation; ‘old approach’ product legislation and procedural measures. 

After the opening of negotiations for Cluster 2, three provisional closing benchmarks have been set for this chapter:

• Albania has an advanced level of alignment with the introduction of mutual recognition clauses, and the necessary amendments to domestic legislation and administrative practices, complying with the obligations stemming from Articles 34-36 of the TFEU.
• Albania has aligned with the EU acquis on horizontal product legislation and demonstrates an advanced level of alignment with the EU product acquis of this chapter, particularly in those sectors where alignment is so far insufficient or limited.
• Albania demonstrates that it has sufficient administrative capacity with high standards of integrity to properly implement and enforce, by the time of accession, the legislation in all horizontal areas affecting the free movement of goods (including standardisation, accreditation, metrology, conformity assessment and market surveillance) as well as the EU product acquis in this chapter.

Chapter 2 – Freedom of movement of workers

 This chapter of the EU acquis guarantees the free movement of workers within the EU, allowing citizens to work in any Member State without discrimination based on nationality. It ensures equal treatment in employment, pay, and working conditions, and extends certain rights to family members. It also covers coordination of social security systems and participation in European Employment Services (EURES), which supports cross-border employment. EU workers have the right to accept job offers, move freely within the country, and stay for employment purposes under specific conditions. The principles also ensure non-discriminatory access to the labour market and supplementary pension rights for mobile workers across Member States. Subareas of this chapter are: access to labour market; supplementary pensions; coordination of social security systems. 

After the opening of negotiations for Cluster 2, one provisional closing benchmark has been set for this chapter:

• Albania demonstrates that it has sufficient structures and enforcement capacity to fully implement the acquis on freedom of movement for workers by the time of accession.

Chapter 3 – Right of establishment and freedom to provide services

Chapter 3 of the EU acquis covers the right of establishment and the freedom to provide services within the European Union. It allows individuals and companies to establish businesses or offer services in any Member State without facing discrimination based on nationality or residence. This chapter ensures that businesses and service providers can operate across borders under the same conditions as nationals, promoting competition and the functioning of the internal market. It also includes provisions to protect the public interest and ensure the quality and safety of services. Subareas of this chapter are: mutual recognition of professional qualifications; freedom to provide services; and postal services.

After the opening of negotiations for Cluster 2, four provisional closing benchmarks have been set for this chapter:

• Albania has adopted and presented to the European Commission a list of regulated professions within the meaning of the relevant EU acquis, specifying the activities covered by each profession and the justifications on the regulations.
• Albania has aligned the study programmes, under which qualifications for regulated professions are acquired in Albania, with the minimum training requirements of Directive 2005/36/EC and its relevant amendments.
• Albania has aligned the horizontal regulation on services by incorporating the Services Directive and demonstrates further progress in the alignment of sectoral legislation and on the related administrative capacity.
• Albania has aligned with the acquis repealing any nationality requirements for access and exercise of service activities, except for nationality requirements justified and proportionate according to Article 51 TFEU. These amendments need to be applicable at the latest by the date of accession.

Chapter 4 – Free movement of capital

Chapter 4 of the EU acquis focuses on the free movement of capital, which allows for the unrestricted movement of investments, financial assets, and capital between EU Member States. This principle ensures that individuals and businesses can invest, buy, or sell assets across borders without facing discrimination or restrictions, contributing to the integration of financial markets within the EU. It also covers the abolition of barriers to capital flows, including restrictions on foreign direct investment and cross-border payments. Subareas of this chapter are: free movement of capital and payment services; anti-money laundering; and fight against corruption.

After the opening of negotiations for Cluster 2, three provisional closing benchmarks have been set for this chapter:

• Albania has aligned with the acquis with respect to capital movements and demonstrates it will be able to fully implement it by accession, ensuring that all remaining restrictions are removed.
• Albania has aligned with the EU acquis in the field of payments notably as regards payment services in the internal market (Payment Service Directive as amended), cross border payments and Single European Payments Area acquis and demonstrates it will be able to fully implement it by accession.
• Albania has aligned with the EU acquis in the area of prevention of money laundering and terrorist financing (notably Anti Money Laundering Directive, Anti Money Laundering Regulation and Transfer of Funds Regulation, as amended). Albania demonstrates sufficient administrative capacity to properly implement and enforce the relevant Anti Money Laundering / Counter Terrorism Financing legislation and obligations, and demonstrates tangible progress towards a solid track record. Albania demonstrates that it will be ready to fully implement the acquis from the day of accession.

Chapter 6 – Company law

Chapter 6 of the EU acquis focuses on company law, aiming to create a unified framework for the formation, operation, and governance of companies across Member States. It ensures that businesses can operate smoothly within the EU’s internal market by standardising rules on company formation, shareholder rights, and corporate governance. The chapter also includes provisions on the protection of creditors, transparency in financial reporting, and the facilitation of cross-border mergers and acquisitions, promoting a more competitive and integrated business environment within the EU. Subareas of this chapter are: company law and corporate governance, and corporate accounting.

After the opening of negotiations for Cluster 2, four provisional closing benchmarks have been set for this chapter:

• Albania has aligned its legislation with the general provisions of the EU acquis on company law and the establishment and functioning of limited liability companies, domestic mergers and divisions and cross-border conversions, mergers and divisions.
• Albania has aligned its legislation with Shareholder Rights Directive as amended, Takeover Bids Directive, and ensures it will be able to implement the Corporate Sustainability Due Diligence Directive from the date of accession.
• Albania has aligned its Law on Capital Markets, and relevant implementing legislation, with the acquis which includes the latest version of the Transparency Directive, and it also has aligned its financial reporting regime, including implementing legislation, with the acquis which includes the Accounting Directive as amended.
• Albania has aligned its statutory audit legislation, including implementing legislation, with the latest version of the Audit Directive. Particular attention should be paid, when organising the system of public audit oversight, to ensure that quality assurance, investigations and sanctions concerning the statutory audits, in particular those of public-interest entities, are carried out by the competent authority responsible for audit oversight.

Chapter 7 – Intellectual property law

Chapter 7 of the EU acquis focuses on intellectual property (IP) law, aiming to harmonise the protection of intellectual property rights across Member States. It ensures that creators, inventors, and businesses have their innovations, trademarks, patents, and designs protected throughout the EU. This chapter includes provisions on copyright, trademarks, patents, industrial designs, and geographical indications, promoting innovation, creativity, and fair competition. It also supports the enforcement of IP rights and cooperation among national authorities to address infringement issues within the internal market. Subareas of this chapter are: copyright and related rights, and industrial property rights.

After the opening of negotiations for Cluster 2, three provisional closing benchmarks have been set for this chapter: 

• Albania undertakes all necessary legislative amendments to ensure EU/EEA exhaustion of rights in all areas from the date of accession.
• Albania has aligned its legislation with the acquis on intellectual property rights, in particular on copyrights and related rights, industrial property rights and Intellectual Property enforcement.
• Albania ensures a sufficient administrative capacity to register intellectual property rights and provides a track record of effective enforcement by the relevant administrative authorities, and through civil and, where appropriate, criminal justice.

Chapter 8 – Competition policy

Chapter 8 of the EU acquis focuses on competition policy, aiming to ensure fair competition within the internal market. It establishes rules to prevent anti-competitive practices such as cartels, abuse of dominant market positions, and anti-competitive mergers. The chapter also covers state aid control to prevent government subsidies that could distort competition. By promoting a competitive market environment, this policy helps lower prices, improve product quality, and foster innovation for consumers across the EU. Subareas of this chapter are: legal framework for competition policy; institutional framework and implementing capacity including antitrust and mergers, and state aid.

After the opening of negotiations for Cluster 2, four provisional closing benchmarks have been set for this chapter:

• Albania has aligned with the EU acquis covered by the chapter on competition policy.
• Albania has built up sufficient administrative and judicial capacity in the area of antitrust, mergers and State aid control, including through ensuring the operational independence of the State Aid Commission.
• Albania has demonstrated a solid enforcement record in the area of antitrust and mergers, including a track record of effective and efficient administrative and judicial follow-up of infringements, including through imposition of deterrent sanctions, where appropriate.
• Albania has demonstrated a solid enforcement record in the area of State aid control, including a track record of ex-ante notification of aid, thorough assessment and effective alignment of aid measures and schemes with the acquis, as well as effective and efficient administrative and judicial follow-up, including through recovery of illegal and incompatible aid where applicable.

Chapter 9 – Financial services

Chapter 9 of the EU acquis covers financial services, aiming to create a single market for banking, insurance, and investment services across the EU. It ensures that financial institutions can operate freely and under consistent rules in all Member States, while maintaining financial stability, consumer protection, and market integrity. The chapter includes regulations on supervision, licensing, capital requirements, and anti-money laundering measures. It also promotes transparency and competition in financial markets, contributing to the overall efficiency and resilience of the EU’s financial system. Subareas of this chapter are: banks and financial conglomerates; insurance and occupational pensions, and financial market infrastructure.

After the opening of negotiations for Cluster 2, five provisional closing benchmarks have been set for this chapter:

• Albania has an advanced level of alignment with the acquis in the field of banking and financial conglomerates, notably in relation to capital requirements, supervision of financial conglomerates, deposit protection and reorganisation and winding up of credit institutions and has demonstrated the capacity to fully align with the acquis before the accession and to implement and enforce it from the day of accession.
• Albania has an advanced level of alignment with the acquis in the field of insurance (including Solvency II) and occupational pensions, notably as regards life insurance, reinsurance, insurance distribution, and motor vehicle liability insurance, and has demonstrated that it will be ready to implement the acquis from the day of accession.
• Albania has an advanced level of alignment with the acquis in the field of financial market infrastructure, including clearing and settlement, notably as regards settlement finality and financial collateral arrangements, and in the field of securities markets, investment services, and investment management, notably as regards Markets in Financial Instruments framework, prospectus, transparency, and market abuse, and regarding investment management, and has demonstrated that it will be ready to implement the acquis from the day of accession.
• Albania has an advanced level of alignment with the acquis in the field of digital finance, notably as regards operational resilience and crypto assets and has demonstrated that it will be ready to implement the acquis on digital finance and sustainable finance from the day of accession.
• Albania has demonstrated the robustness and independence of regulatory and supervisory institutions with high standards of integrity – in line with the requirements of the various sectoral legislations – with sufficient administrative capacity for the implementation and enforcement of the acquis in the field of financial services.

Chapter 28 – Consumer and health protection

Chapter 28 of the EU acquis focuses on consumer and health protection, aiming to ensure a high level of safety and rights for consumers across the EU. It includes rules on product safety, consumer rights, fair commercial practices, and access to justice in consumer disputes. In the area of health, it supports measures to protect public health, ensure food and product safety, and promote health information and education. This chapter helps build consumer trust and ensures that health standards are upheld uniformly across Member States. Subareas of this chapter are: consumer protection including product safety related issues, non-safety related issues, and public health including ehealth, medicinal products for health and veterinary use, cosmetic products, medical devices, tobacco control, blood, tissues, cells and organs, communicable diseases and health security, etc.

After the opening of negotiations for Cluster 2, three provisional closing benchmarks have been set for this chapter:

• Albania has an advanced level of alignment with the EU general product safety and consumer protection acquis (including EU acquis on private enforcement, on guarantees and on digital content), ensuring the protection of consumer interests of consumers, their safety, capacity building for their consumer organisations, effective enforcement and the right to redress. Albania demonstrates the adequate administrative structures with high standards of integrity and enforcement capacity, including necessary levels of independence, to implement them correctly by the time of accession.
• Albania has an advanced level of alignment with the EU legislation and international obligations on tobacco control as well as its full and due implementation and enforcement.
• Albania has aligned with the EU acquis on patients’ rights in cross-border healthcare, substances of human origin, medicinal products for human and veterinary use, cosmetics, and medical devices, has an advanced level of alignment with all other EU acquis on public health, and demonstrates that it has the necessary levels of administrative capacity and integrity, including a sustainable supervision system/authority, to properly implement and enforce the EU public health acquis in all these fields.

Screening Timetable for EU-Albania Cluster 2

Relevant documents:

Screening report AL Cluster 2, February 2025

EU Common Position Cluster 2 – Albania, April 2025