More on Non-Market Economies

The last two posts deal with the issue of China's non-market economy status under WTO rules.  I've been reluctant to weigh in on this, as there is a lot I don't know about the issue.  So, instead of taking a position, let me ask a question.  My understanding is that the EU currently treats a number of countries as non-market economies.  Albania is one of these.  Looking at Albania's accession documents, though, I didn't see anything equivalent to the Chinese Accession Protocol language discussed in the last two posts.  Here's my question:  What's the legal justification under WTO rules for treating Albania as a non-market economy?  There may be a simple answer that I've missed (I didn't look into this too thoroughly). If so, let me know.