2007/855/EC: Council Decision of 15 October 2007 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 Montenegro, of the other part
Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
1. The Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Montenegro, of the other part, the Annexes and Protocols annexed thereto, as well as the joint declarations and the declaration by the Community attached to the Final Act are hereby approved on behalf of the Community. 2. The texts referred to in paragraph 1 are attached to this Decision.
Respect for the democratic principles and human rights as proclaimed in the Universal Declaration of Human Rights and as defined in the Convention for the Protection of Human Rights and Fundamental Freedoms, in the Helsinki Final Act and the Charter of Paris for a New Europe, respect for international law principles, including full cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY), and the rule of law as well as the principles of market economy as reflected in the Document of the CSCE Bonn Conference on Economic Cooperation, shall form the basis of the domestic and external policies of the Parties and constitute essential elements of this Agreement.
The President of the Council is hereby authorised to designate the person(s) empowered, on behalf of the Community, to sign the Agreement and deposit the instrument of approval provided for in Article 60 of the Agreement.
This Agreement shall be fully compatible with and implemented in a manner consistent with the relevant WTO provisions, in particular Article XXIV of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and Article V of the General Agreement on Trade in Services (GATS).
1. The Community and Montenegro shall gradually establish a bilateral free trade area over a period lasting a maximum of five years starting from the entry into force of this Agreement in accordance with the provisions of this Agreement and in conformity with those of the GATT 1994 and the WTO. In so doing they shall take into account the specific requirements laid down hereinafter. 2. The Combined Nomenclature shall be applied to the classification of goods in trade between the Parties. 3. For the purpose of this Agreement customs duties and charges having equivalent effect to customs duties include any duty or charge of any kind imposed in connection with the importation or exportation of a good, including any form of surtax or surcharge in connection with such importation or exportation, but do not include any: (a) charges equivalent to an internal tax imposed consistently with the provisions of paragraph 2 of Article III of the GATT 1994; (b) antidumping or countervailing measures; (c) fees or charges commensurate with the costs of services rendered. 4. For each product, the basic duty to which the successive tariff reductions set out in this Agreement are to be applied shall be: (a) the Community Common Customs Tariff, established pursuant to Council Regulation (EEC) No 2658/87 ( 1 ) actually applied erga omnes on the day of the signature of this Agreement; (b) the Montenegrin applied tariff ( 2 ) . 5. If, after the signature of this Agreement, any tariff reduction is applied on an erga omnes basis, in particular reductions resulting: (a) from the tariff negotiations in the WTO or, (b) in the event of the accession of Montenegro to the WTO or, (c) from subsequent reductions after the accession of Montenegro to the WTO, such reduced duties shall replace the basic duty referred to in paragraph 4 as from the date when such reductions are applied. 6. The Community and Montenegro shall communicate to each other their respective basic duties and any changes thereof.
Definition
1. The provisions of this Chapter shall apply to products originating in the Community or in Montenegro listed in Chapters 25 to 97 of the Combined Nomenclature, with the exception of the products listed in Annex I, paragraph I, (ii) of the WTO Agreement on Agriculture. 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.
Community concessions on industrial products
1. Customs duties on imports into the Community and charges having equivalent effect shall be abolished upon the entry into force of this Agreement on industrial products originating in Montenegro. 2. Quantitative restrictions on imports into the Community and measures having equivalent effect shall be abolished upon the entry into force of this Agreement on industrial products originating in Montenegro.
Montenegrin concessions on industrial products
1. Customs duties on imports into Montenegro of industrial products originating in the Community other than those listed in Annex I shall be abolished upon the entry into force of this Agreement. 2. Charges having equivalent effect to customs duties on imports into Montenegro shall be abolished upon the entry into force of this Agreement on industrial products originating in the Community. 3. Customs duties on imports into Montenegro of industrial products originating in the Community which are listed in Annex I shall be progressively reduced and abolished in accordance with the timetable indicated in that Annex. 4. Quantitative restrictions on imports into Montenegro of industrial products originating in the Community and measures having equivalent effect shall be abolished upon the date of entry into force of this Agreement.
Duties and restrictions on exports
1. The Community and Montenegro shall abolish any customs duties on exports and charges having equivalent effect in trade between them upon the entry into force of this Agreement. 2. The Community and Montenegro shall abolish between themselves any quantitative restrictions on exports and measures having equivalent effect upon the entry into force of this Agreement.
Faster reductions in customs duties
Montenegro declares its readiness to reduce its customs duties in trade with the Community more rapidly than is provided for in Article 6 if its general economic situation and the situation of the economic sector concerned so permit. The Interim Committee shall analyse the situation in this respect and make the relevant recommendations.
Definition
1. The provisions of this Chapter shall apply to trade in agricultural and fishery products originating in the Community or in Montenegro. 2. The term ‘agricultural and fishery product’ refers to the products listed in Chapters 1 to 24 of the Combined Nomenclature and the products listed in Annex I, paragraph I, (ii) of the WTO Agreement on Agriculture. 3. This definition includes fish and fishery products covered by chapter 3, headings 1604 and 1605 , and sub-headings 0511 91 , 2301 20 and ex 1902 20 (‘stuffed pasta containing more than 20 % by weight of fish, crustaceans, molluscs or other aquatic invertebrates’).
Processed agricultural products
Protocol 1 lays down the trade arrangements for processed agricultural products which are listed therein.
Community concessions on imports of agricultural products originating in Montenegro
1. From the date of entry into force of this Agreement, the Community shall abolish all quantitative restrictions and measures having equivalent effect, on imports of agricultural products originating in Montenegro. 2. From the date of entry into force of this Agreement, the Community shall abolish the customs duties and charges having equivalent effect, on imports of agricultural products originating in Montenegro other than those of headings 0102 , 0201 , 0202 , 1701 , 1702 and 2204 of the Combined Nomenclature. For the products covered by Chapters 7 and 8 of the Combined Nomenclature, for which the Common Customs Tariff provides for the application of ad valour customs duties and a specific customs duty, the elimination applies only to the ad valour part of the duty. 3. From the date of entry into force of this Agreement, the Community shall fix the customs duties applicable to imports into the Community of ‘baby beef’ products defined in Annex II and originating in Montenegro at 20 % of the ad valour duty and 20 % of the specific duty as laid down in the Common Customs Tariff, within the limit of an annual tariff quota of 800 tonnes expressed in carcass weight.
Montenegrin concessions on agricultural products
1. From the date of entry into force of this Agreement, Montenegro shall abolish all quantitative restrictions and measures having equivalent effect, on imports of agricultural products originating in the Community. 2. From the date of entry into force of this Agreement, Montenegro shall: (a) abolish the customs duties applicable on imports of certain agricultural products originating in the Community, listed in Annex III(a); (b) reduce progressively the customs duties applicable on imports of certain agricultural products originating in the Community, listed in Annex III(b) in accordance with the timetable indicated for each product in that Annex; (c) reduce progressively the customs duties to 50 % applicable on imports of certain agricultural products originating in the Community, listed in Annex III(c) in accordance with the timetable indicated for each product in that Annex.
Wine and Spirit drinks Protocol
The arrangements applicable to the wine and spirit drinks products referred to in Protocol 2 are laid down in that Protocol.
Community concessions on fish and fishery products
1. From the date of entry into force of this Agreement, the Community shall abolish all quantitative restrictions and measures having equivalent effect on imports of fish and fishery products originating in Montenegro. 2. From the entry into force of this Agreement the Community shall eliminate all customs duties on fish and fishery products originating in Montenegro other than those listed in Annex IV. Products listed in Annex IV shall be subject to the provisions laid down therein.
Montenegrin concessions on fish and fishery products
1. From the date of entry into force of this Agreement, Montenegro shall abolish all quantitative restrictions and measures having equivalent effect on imports of fish and fishery products originating in the Community. 2. From the entry into force of this Agreement, Montenegro shall eliminate customs duties on fish and fishery products originating in the Community other than those listed in Annex V. Products listed in Annex V shall be subject to the provisions laid down therein.
Review clause
Taking account of the volume of trade in agricultural and fishery products between the Parties, of their particular sensitivities, of the rules of the Community common policies and of the policies for agriculture and fisheries in Montenegro of the role of agriculture and fisheries in the economy of Montenegro, of the consequences of the multilateral trade negotiations in the framework of the WTO as well as of the eventual accession of Montenegro to the WTO, the Community and Montenegro shall examine in the Interim Committee, no later than 3 years after the entry into force of this Agreement, product by product and on an orderly and appropriate reciprocal basis, the opportunities for granting each other further concessions with a view to implementing greater liberalisation of the trade in agricultural and fishery products.
Safeguard clause concerning Agriculture and Fisheries
Notwithstanding other provisions of this Agreement, and in particular Article 26, given the particular sensitivity of the agricultural and fisheries markets, if imports of products originating in one Party, which are the subject of concessions granted pursuant to Articles 10, 11, 12, 13, 14, and 15, cause serious disturbance to the markets or to their domestic regulatory mechanisms, in the other Party, both Parties shall enter into consultations immediately to find an appropriate solution. Pending such solution, the Party concerned may take the appropriate measures it deems necessary.
Protection of geographical indications for agricultural and fishery products and foodstuffs other than wine and spirits
1. Montenegro shall provide protection for the geographical indications of the Community registered in the Community under Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs ( 3 ) , in accordance with the terms of this Article. Geographical indications of Montenegro shall be eligible for registration in the Community under the conditions set out in that Regulation. 2. Montenegro shall prohibit any use in its territory of the names protected in the Community for comparable products not complying with the geographical indication's specification. This shall apply even where the true geographical origin of the good is indicated, the geographical indication in question is used in translation, the name is accompanied by terms such as ‘kind’, ‘type’, ‘style’, ‘imitation’, ‘method’ or other expressions of the sort. 3. Montenegro shall refuse the registration of a trademark the use of which corresponds to the situations referred to in paragraph 2. 4. Trademarks the use of which corresponds to the situations referred to in paragraph 2, which have been registered in Montenegro or established by use, shall no longer be used after 1 January 2009. However, this shall not apply to trademarks registered in Montenegro and trademarks established by use which are owned by nationals of third countries, provided they are not of such a nature as to deceive in any way the public as to the quality, the specification and the geographical origin of the goods. 5. Any use of the geographical indications protected in accordance with paragraph 1 as terms customary in common language as the common name for such goods in Montenegro shall cease at the latest on 1 January 2009. 6. Montenegro shall ensure that goods exported from its territory after 1 January 2009 do not infringe the provisions of this Article. 7. Montenegro shall ensure the protection referred to in paragraphs 1 to 6 on its own initiative as well as at the request of an interested party.
Scope
The provisions of this Chapter shall apply to trade in all products between the Parties except where otherwise provided herein or in Protocol 1.
Improved concessions
The provisions of this Title shall in no way affect the application, on a unilateral basis, of more favourable measures by any of the Parties.
Standstill
1. From the date of entry into force of this Agreement, no new customs duties on imports or exports or charges having equivalent effect shall be introduced, nor shall those already applied be increased, in trade between the Community and Montenegro. 2. From the date of entry into force of this Agreement, no new quantitative restriction on imports or exports or measure having equivalent effect shall be introduced, nor shall those existing be made more restrictive, in trade between the Community and Montenegro. 3. Without prejudice to the concessions granted under Articles 11, 12, 13, 14 and 15, the provisions of paragraphs 1 and 2 of this Article shall not restrict in any way the pursuit of the respective agricultural and fishery policies of Montenegro and of the Community and the taking of any measures under those policies insofar as the import regime in Annexes II-V and Protocol 1 is not affected.
Prohibition of fiscal discrimination
1. The Community and Montenegro shall refrain from, and abolish where existing, any measure or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products of one Party and like products originating in the territory of the other Party. 2. Products exported to the territory of one of the Parties may not benefit from repayment of internal indirect taxation in excess of the amount of indirect taxation imposed on them.
Duties of a fiscal nature
The provisions concerning the abolition of customs duties on imports shall also apply to customs duties of a fiscal nature.
Customs unions, free trade areas, cross-border arrangements
1. This Agreement shall not preclude the maintenance or establishment of customs unions, free trade areas or arrangements for frontier trade except insofar as they alter the trade arrangements provided for in this Agreement. 2. During the transitional periods specified in Article 3, this Agreement shall not affect the implementation of the specific preferential arrangements governing the movement of goods either laid down in frontier Agreements previously concluded between one or more Member States and Serbia and Montenegro or resulting from the bilateral Agreements specified in Title III concluded by Montenegro in order to promote regional trade. 3. Consultations between the Parties shall take place within the Interim Committee concerning the Agreements described in paragraphs 1 and 2 of this Article and, where requested, on other major issues related to their respective trade policies towards third countries. In particular in the event of a third country acceding to the Union, such consultations shall take place so as to ensure that account is taken of the mutual interests of the Community and Montenegro stated in this Agreement.
Dumping and subsidy
1. None of the provisions in this Agreement shall prevent any of the Parties from taking trade defence action in accordance with paragraph 2 of this Article and Article 26. 2. If one of the Parties finds that dumping and/or countervail able subsidiation is taking place in trade with the other Party, that Party may take appropriate measures against this practice in accordance with the WTO Agreement on Implementation of Article VI of the GATT 1994 or the WTO Agreement on Subsidies and Countervailing Measures and the respective related internal legislation.
Safeguards clause
1. The provisions of Article XIX GATT 1994 and the WTO Agreement on Safeguards are applicable between the parties. 2. Notwithstanding paragraph 1 of this Article, where any product of one Party is being imported into the territory of the other Party in such increased quantities and under such conditions as to cause or threaten to cause: (a) serious injury to the domestic industry of like or directly competitive products in the territory of the importing Party or (b) serious disturbances in any sector of the economy or difficulties which could bring about serious deterioration in the economic situation of a region of the importing Party, the importing Party may take appropriate bilateral safeguard measures under the conditions and in accordance with the procedures laid down in this Article. 3. Bilateral safeguard measures directed at imports from the other Party shall not exceed what is necessary to remedy the problems, as defined in paragraph 2, which have arisen as a result of application of this Agreement. The safeguard measure adopted should consist of a suspension in the increase or in the reduction of the margins of preferences provided for under this Agreement for the product concerned up to a maximum limit corresponding to the basic duty referred to in Article 3 paragraph 4(a) and (b) and paragraph 5 for the same product. Such measures shall contain clear elements progressively leading to their elimination at the end of the set period, at the latest, and shall not be taken for a period exceeding two years. In very exceptional circumstances, measures may be extended for a further period of maximum two years. No bilateral safeguard measure shall be applied to the import of a product that has previously been subject to such a measure for a period of, at least, 4 years since the expiry of the measure. 4. In the cases specified in this Article, before taking the measures provided for therein or, in the cases to which paragraph 5(b) of this Article applies, as soon as possible, the Community on the one part or Montenegro on the other part, shall supply the Interim Committee with all relevant information required for a thorough examination of the situation, with a view to seeking a solution acceptable to the Parties concerned. 5. For the implementation of the paragraphs 1, 2, 3 and 4 the following provisions shall apply: (a) The problems arising from the situation referred to in this Article shall be immediately referred for examination to the Interim Committee, which may take any decisions needed to put an end to such problems. If the Interim Committee or the exporting Party has not taken a decision putting an end to the problems, or no other satisfactory solution has been reached within 30 days of the matter being referred to the Interim Committee, the importing Party may adopt the appropriate measures to remedy the problem in accordance with this Article. In the selection of safeguard measures, priority must be given to those which least disturb the functioning of the arrangements established in this Agreement. Safeguard measures applied in accordance with Article XIX GATT 1994 and the WTO Agreement on Safeguards shall preserve the level/margin of preference granted under this Agreement. (b) Where exceptional and critical circumstances requiring immediate action make prior information or examination, as the case may be, impossible, the Party concerned may, in the situations specified in this Article, apply forthwith provisional measures necessary to deal with the situation and shall inform the other Party immediately thereof. The safeguard measures shall be notified immediately to the Interim Committee and shall be the subject of periodic consultations within that body, particularly with a view to establishing a timetable for their abolition as soon as circumstances permit. 6. In the event of the Community on the one part or Montenegro on the other part subjecting imports of products liable to give rise to the problems referred to in this Article to an administrative procedure having as its purpose the rapid provision of information on the trend of trade flows, it shall inform the other Party.
Shortage clause
1. Where compliance with the provisions of this Title leads to: (a) a critical shortage, or threat thereof, of foodstuffs or other products essential to the exporting Party; or (b) re-export to a third country of a product against which the exporting Party maintains quantitative export restrictions, export duties or measures or charges having equivalent effect, and where the situations referred to above give rise, or are likely to give rise to major difficulties for the exporting Party that Party may take appropriate measures under the conditions and in accordance with the procedures laid down in this Article. 2. In the selection of measures, priority must be given to those which least disturb the functioning of the arrangements in this Agreement. Such measures shall not be applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination where the same conditions prevail, or a disguised restriction on trade and shall be eliminated when the conditions no longer justify their maintenance. 3. Before taking the measures provided for in paragraph 1 or, as soon as possible in cases to which paragraph 4 applies, the Community or Montenegro, shall supply the Interim Committee with all relevant information, with a view to seeking a solution acceptable to the Parties. The Parties within the Interim Committee may agree on any means needed to put an end to the difficulties. If no agreement is reached within 30 days of the matter being referred to the Interim Committee, the exporting Party may apply measures under this Article on the exportation of the product concerned. 4. Where exceptional and critical circumstances requiring immediate action make prior information or examination, as the case may be, impossible, the Community or Montenegro may apply forthwith the precautionary measures necessary to deal with the situation and shall inform the other Party immediately thereof. 5. Any measures applied pursuant to this Article shall be immediately notified to the Interim Committee and shall be the subject of periodic consultations within that body, particularly with a view to establishing a timetable for their elimination as soon as circumstances permit.
State monopolies
With regard to any state monopolies of a commercial character, Montenegro shall ensure that, by the entry into force of this Agreement, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Member States of the European Union and Montenegro.
Rules of origin
Except if otherwise stipulated in this Agreement, Protocol 3 lays down the rules of origin for the application of the provisions of this Agreement.
Restrictions authorised
This Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures of artistic, historic or archaeological value or the protection of intellectual, industrial and commercial property, or rules relating to gold and silver. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Parties.
Failure to provide administrative cooperation
1. The Parties agree that administrative cooperation is essential for the implementation and the control of the preferential treatment granted under this Title and underline their commitment to combat irregularities and fraud in customs and related matters. 2. Where a Party has made a finding, on the basis of objective information, of a failure to provide administrative cooperation and/or of irregularities or fraud under this Title, the Party concerned may temporarily suspend the relevant preferential treatment of product(s) concerned in accordance with this article. 3. For the purpose of this Article a failure to provide administrative cooperation shall mean, inter alia: (a) a repeated failure to respect the obligations to verify the originating status of the product(s) concerned; (b) a repeated refusal or undue delay in carrying out and/or communicating the results of subsequent verification of the proof of origin; (c) a repeated refusal or undue delay in obtaining authorisation to conduct administrative cooperation missions to verify the authenticity of documents or accuracy of information relevant to the granting of the preferential treatment in question. For the purpose of this Article a finding of irregularities or fraud may be made, inter alia, where there is a rapid increase, without satisfactory explanation, in imports of goods exceeding the usual level of production and export capacity of the other Party, which is linked to objective information concerning irregularities or fraud. 4. The application of a temporary suspension shall be subject to the following conditions: (a) The Party which has made a finding, on the basis of objective information, of a failure to provide administrative cooperation and/or of irregularities or fraud shall without undue delay notify the Interim Committee of its finding together with the objective information and enter into consultations within the Interim Committee, on the basis of all relevant information and objective findings, with a view to reaching a solution acceptable to both Parties. (b) Where the Parties have entered into consultations within the Interim Committee as above and have failed to agree on an acceptable solution within 3 months following the notification, the Party concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned. A temporary suspension shall be notified to the Interim Committee without undue delay. (c) Temporary suspensions under this Article shall be limited to that necessary to protect the financial interests of the Party concerned. They shall not exceed a period of six months, which may be renewed. Temporary suspensions shall be notified immediately after their adoption to the Interim Committee. They shall be subject to periodic consultations within the Interim Committee in particular with a view to their termination as soon as the conditions for their application are no longer given. 5. At the same time as the notification to the Interim Committee under paragraph 4(a) of this Article, the Party concerned should publish a notice to importers in its Official Journal. The notice to importers should indicate for the product concerned that there is a finding, on the basis of objective information, of a failure to provide administrative cooperation and/or of irregularities or fraud.
In case of error by the competent authorities in the proper management of the preferential system at export, and in particular in the application of the provisions of Protocol 3 to the present Agreement where this error leads to consequences in terms of import duties, the contracting Party facing such consequences may request Interim Committee to examine the possibilities of adopting all appropriate measures with a view to resolving the situation.
The application of this Agreement shall be without prejudice to the application of the provisions of Community law to the Canary Islands.
Transit traffic
For the purposes of this Agreement, the following definitions shall apply: (a) Community transit traffic: the carriage, by a carrier established in the Community, of goods in transit through the territory of Montenegro ‘en route’ to or from a Member State of the Community; (b) Montenegrin transit traffic: the carriage, by a carrier established in Montenegro, of goods in transit from Montenegro through Community territory and destined for a third country or of goods from a third country destined for Montenegro; 1. The Parties hereby agree to grant unrestricted access to Community transit traffic through Montenegro and to Montenegrin transit traffic through the Community with effect from the date of entry into force of this Agreement. 2. If, as a result of the rights granted under paragraph 1, transit traffic by Community hauliers increases to such a degree as to cause or threaten to cause serious harm to road infrastructure and/or traffic fluidity on the axes defined in the Memorandum of Understanding for developing a core transport infrastructure network for South East Europe which was signed by ministers from the region, and the European Commission, in June 2004, and under the same circumstances problems arise on Community territory close to the borders of Montenegro, the matter shall be submitted to the Interim Committee in accordance with Article 45 of this Agreement. The Parties may propose exceptional temporary, non-discriminatory measures as are necessary to limit or mitigate such harm. 3. The Parties shall refrain from taking any unilateral action that might lead to discrimination between Community carriers or vehicles and carriers or vehicles from Montenegro. Each Contracting Party shall take all steps necessary to facilitate road transport to or through the territory of the other Contracting Party. 1. The Parties agree to simplify the flow of goods by rail and road, whether bilateral or in transit. 2. The Parties agree, to the extent necessary, to take joint action on, and to encourage, the adoption of further simplification measures. Cooperation between the Parties shall be carried out within the framework of a special sub-committee to the Interim Committee in accordance with Article 46 of this Agreement. It shall, in particular, coordinate the monitoring, forecasting and other statistical work relating to international transport and in particular transit traffic.
The Parties undertake to authorise, in freely convertible currency, in accordance with the provisions of Article VIII of the Articles of the Agreement of the International Monetary Fund, any payments and transfers on the current account of balance of payments between the Community and Montenegro.
1. The Parties shall endeavour wherever possible to avoid the imposition of restrictive measures, including measures relating to imports, for balance of payments purposes. A Party adopting such measures shall present as soon as possible to the other Party a timetable for their removal. 2. Where one or more Member States or Montenegro is in serious balance of payments difficulties, or under imminent threat thereof, the Community or Montenegro, as the case may be, may, in accordance with the conditions established under the WTO Agreement, adopt restrictive measures, including measures relating to imports, which shall be of limited duration and may not go beyond what is strictly necessary to remedy the balance of payments situation. The Community or Montenegro, as the case may be, shall inform the other Party forthwith. 3. Any restrictive measures shall not apply to transfers related to investment and in particular to the repatriation of amounts invested or reinvested or any kind of revenues stemming therefrom.
The provisions of this Agreement shall not prejudice the application by either Party of any measure necessary to prevent the circumvention of its measures concerning third-country access to its market through the provisions of this Agreement.
Competition and other economic provisions
1. The following are incompatible with the proper functioning of this Agreement, insofar as they may affect trade between the Community and Montenegro: (i) all Agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition; (ii) abuse by one or more undertakings of a dominant position in the territories of the Community or Montenegro as a whole or in a substantial part thereof; (iii) any State aid which distorts or threatens to distort competition by favouring certain undertakings or certain products. 2. Any practices contrary to this Article shall be assessed on the basis of criteria arising from the application of the competition rules applicable in the Community, in particular from Articles 81, 82, 86 and 87 of the Treaty establishing the European Community (hereinafter referred to as ‘EC Treaty’) and interpretative instruments adopted by the Community institutions. 3. The Parties shall ensure that an operationally independent authority is entrusted with the powers necessary for the full application of paragraph 1(i) and (ii) of this Article, regarding private and public undertakings and undertakings to which special rights have been granted. 4. Montenegro shall establish an operationally independent authority which is entrusted with the powers necessary for the full application of paragraph 1(iii) within one year from the date of entry into force of this Agreement. This authority shall have, inter alia, the powers to authorise State aid schemes and individual aid grants in conformity with paragraph 2, as well as the powers to order the recovery of State aid that has been unlawfully granted. 5. The Community on one side and Montenegro on the other side shall ensure transparency in the area of State aid, inter alia, by providing to the other Parties a regular annual report, or equivalent, following the methodology and the presentation of the Community survey on State aid. Upon request by one Party, the other Party shall provide information on particular individual cases of public aid. 6. Montenegro shall establish a comprehensive inventory of aid schemes instituted before the establishment of the authority referred to in paragraph 4 and shall align such aid schemes with the criteria referred to in paragraph 2 within a period of no more than 4 years from the entry into force of this Agreement. 7. (a) For the purposes of applying the provisions of paragraph 1(iii), the Parties recognise that during the first five years after the entry into force of this Agreement, any public aid granted by Montenegro shall be assessed taking into account the fact that Montenegro shall be regarded as an area identical to those areas of the Community described in Article 87(3)(a) of the EC Treaty. (b) Within four years from the entry into force of this Agreement, Montenegro shall submit to the European Commission its GDP per capita figures harmonised at NUTS II level. The authority referred to in paragraph 4 and the European Commission shall then jointly evaluate the eligibility of the regions of Montenegro as well as the maximum aid intensities in relation thereto in order to draw up the regional aid map on the basis of the relevant Community guidelines. 8. As appropriate, Protocol 4 establishes the rules on state aid in the steel industry. This protocol establishes the rules applicable in the event restructuring aid is granted to the steel industry. It would stress the exceptional character of such aid and the fact that the aid would be limited in time and would be linked to capacity reductions within the framework of feasibility programmes. 9. With regard to products referred to in Chapter II of Title II: (a) paragraph 1(iii) shall not apply; (b) any practices contrary to paragraph 1(i) shall be assessed according to the criteria established by the Community on the basis of Articles 36 and 37 of the EC Treaty and specific Community instruments adopted on this basis. 10. If one of the Parties considers that a particular practice is incompatible with the terms of paragraph 1, it may take appropriate measures after consultation within the Interim Committee or after 30 working days following referral for such consultation. Nothing in this Article shall prejudice or affect in any way the taking, by the Community or Montenegro, of countervailing measures in accordance with the GATT 1994 and the WTO Agreement on Subsidies and Countervailing Measures and the respective related internal legislation.
Public undertakings
By the end of the third year following the entry into force of this Agreement, Montenegro shall apply to public undertakings and undertakings to which special and exclusive rights have been granted the principles set out in the EC Treaty, with particular reference to Article 86. Special rights of public undertakings during the transitional period shall not include the possibility to impose quantitative restrictions or measures having an equivalent effect on imports from the Community into Montenegro.
Intellectual, industrial and commercial property
1. Pursuant to the provisions of this Article and Annex VI, the Parties confirm the importance that they attach to ensuring adequate and effective protection and enforcement of intellectual, industrial and commercial property rights. 2. From entry into force of this Agreement, the Parties shall grant to each others companies and nationals, in respect of the recognition and protection of intellectual, industrial and commercial property, treatment no less favourable than that granted by them to any third country under bilateral Agreements. 3. Montenegro shall take the necessary measures in order to guarantee no later than five years after entry into force of this Agreement a level of protection of intellectual, industrial and commercial property rights similar to that existing in the Community, including effective means of enforcing such rights. 4. Montenegro undertakes to accede, within the period referred above, to the multilateral conventions on intellectual, industrial and commercial property rights referred to in Annex VI. The Interim Committee may decide to oblige Montenegro to accede to specific multilateral Conventions in this area. 5. If problems in the area of intellectual, industrial and commercial property affecting trading conditions occur, they shall be referred urgently to the Interim Committee, at the request of either Party, with a view to reaching mutually satisfactory solutions.
Public procurement
1. The Community and Montenegro consider the opening-up of the award of public contracts on the basis of non-discrimination and reciprocity, following in particular the WTO rules, to be a desirable objective. 2. Montenegrin companies, whether established or not in the Community, shall be granted access to contract award procedures in the Community pursuant to Community procurement rules under treatment no less favourable than that accorded to Community companies as from the entry into force of this Agreement. The above provisions shall also apply to contracts in the utilities sector once the government of Montenegro has adopted the legislation introducing the Community rules in this area. The Community shall examine periodically whether Montenegro has indeed introduced such legislation. 3. Community companies established in Montenegro shall, upon the date of entry into force of this Agreement, be granted access to contract award procedures in Montenegro under treatment no less favourable than that accorded to Montenegrin companies. 4. Community companies not established in Montenegro shall be granted access to contract award procedures in Montenegro under treatment no less favourable than that accorded to Montenegrin companies as from the entry into force of this Agreement. 5. The Interim Committee shall periodically examine the possibility for Montenegro to introduce access to contract award procedures in Montenegro for all Community companies. Montenegro shall report annually to the Interim Committee on the measures they have taken to enhance transparency and to provide for effective judicial review of decisions taken in the area of public procurement.
Customs
The Parties shall establish cooperation in this area with a view to guarantee compliance with the provisions to be adopted in the area of trade and to achieve the approximation of the customs systems of Montenegro 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 Montenegrin customs legislation to the acquis . Cooperation shall take due account of priority areas related to the Community acquis in the field of customs. The rules on mutual administrative assistance between the Parties in the customs field are laid down in Protocol 5.
An Interim Committee is hereby established which shall supervise the application and implementation of this Agreement. It shall meet at an appropriate level at regular intervals and when circumstances require. It shall examine any major issues arising within the framework of this Agreement and any other bilateral or international issues of mutual interest.
1. The Interim Committee shall consist of the members of the Council of the European Union and members of the European Commission, on the one hand, and of members of the Government of Montenegro on the other. 2. The Interim Committee shall establish its rules of procedure. 3. The members of the Interim Committee may arrange to be represented, in accordance with the conditions to be laid down in its rules of procedure. 4. The Interim Committee shall be chaired in turn by a representative of the Community and a representative of Montenegro, 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 Interim Committee.
The Interim Committee 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 Interim Committee may also make appropriate recommendations. It shall draw up its decisions and recommendations by agreement between the Parties.
The Interim Committee may create sub-committees.
Within the scope of this Agreement, each Party undertakes to ensure that natural and legal persons of the other Party have access free of discrimination in relation to its own nationals to the competent courts and administrative organs of the Parties to defend their individual rights and their property rights.
Nothing in this Agreement shall prevent a Party from taking any measures: (a) which it considers necessary to prevent the disclosure of information contrary to its essential security interests; (b) which relate to the production of, or trade in, arms, munitions or war materials or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes; (c) which it considers essential to its own security in the event of serious internal disturbances affecting the maintenance of law and order, in time of war or serious international tension constituting threat of war or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security.
1. In the fields covered by this Agreement and without prejudice to any special provisions contained therein: (a) the arrangements applied by Montenegro in respect of the Community shall not give rise to any discrimination between the Member States, their nationals, companies or firms; (b) the arrangements applied by the Community in respect of Montenegro shall not give rise to any discrimination between nationals of Montenegro as well as between Montenegrin companies or firms. 2. The provisions of paragraph 1 shall be without prejudice to the right of the Parties to apply the relevant provisions of their fiscal legislation to taxpayers who are not in identical situations as regards their place of residence.
1. The Parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall ensure that the objectives set out in this Agreement are attained. 2. The Parties agree to consult promptly through appropriate channels at the request of either Party to discuss any matter concerning the interpretation or implementation of this Agreement and other relevant aspects of the relations between the Parties. 3. Each Party shall refer to the Interim Committee any dispute relating to the application or interpretation of this Agreement. In that case, Article 51 and, as the case may be, Protocol 6 shall apply. The Interim Committee may settle the dispute by means of a binding decision. 4. If either Party considers that the other Party has failed to fulfil an obligation under this Agreement, it may take appropriate measures. Before so doing, except in cases of special urgency, it shall supply the Interim Committee with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties. In the selection of measures, priority must be given to those which least disturb the functioning of this Agreement. These measures shall be notified immediately to the Interim Committee and shall be the subject of consultations if the other Party so requests within the Interim Committee or any other body set up on the basis of Article 46. 5. The provisions of paragraphs 2, 3 and 4 shall in no way affect and are without prejudice to Articles 17, 25, 26, 27, 31 and Protocol 3 (Definition of the concept of originating products and methods of administrative cooperation).
1. When a dispute arises between the Parties concerning the interpretation or the implementation of this Agreement, any Party shall notify to the other Party and the Interim Committee a formal request that the matter in dispute be resolved. Where a Party considers that a measure adopted by the other Party, or a failure of the other Party to act, constitutes a breach of its obligations under this Agreement, the formal request that the dispute be resolved shall give the reasons for this opinion and indicate, as the case may be, that the Party may adopt measures as provided for in Article 50, paragraph 4. 2. The Parties shall endeavour to resolve the dispute by entering into good faith consultations within the Interim Committee and other bodies as provided in paragraph 3, with the aim of reaching as soon as possible a mutually acceptable solution. 3. The Parties shall provide the Interim Committee with all relevant information required for a thorough examination of the situation. As long as the dispute is not resolved, it shall be discussed at every meeting of the Interim Committee, unless the arbitration procedure as provided for in Protocol 6 has been initiated. A dispute shall be deemed to be resolved when the Interim Committee has taken a binding decision to settle the matter as provided for in Article 50, paragraph 3, or when it has declared that there is no dispute anymore. Consultations on a dispute can also be held at any meeting of the Interim Committee or any other relevant committee or body set up on the basis of Article 46, as agreed between the Parties or at the request of any of the Parties. Consultations may also be held in writing. All information disclosed during the consultations shall remain confidential. 4. For matters within the scope of application of Protocol 6, any Party may submit the matter in dispute for settlement through arbitration in accordance with that Protocol, when the Parties have failed to resolve the dispute within two months after the initiation of the dispute settlement procedure in accordance with paragraph 1.
This Agreement shall not, until equivalent rights for individuals and economic operators have been achieved under this Agreement, affect rights ensured to them through existing Agreements binding one or more Member States, on the one hand, and Montenegro, on the other.
Cooperation with other countries candidate to EU accession not concerned by the SAp
1. Montenegro should foster its cooperation and conclude a Convention on regional cooperation with any country candidate for accession to the European Union in any of the fields of cooperation covered by this Agreement. Such Convention should aim gradually to align bilateral relations between Montenegro and that country to the relevant part of the relations between the Community and its Member States and that country. 2. Montenegro shall start negotiations with Turkey which has established a customs union with the Community with a view to concluding, on a mutually advantageous basis, an Agreement establishing a free trade area between the two Parties in accordance with Article XXIV of the GATT 1994. These negotiations should be opened as soon as possible, with a view to concluding such Agreement before the end of the transitional period referred to in Article 3(1).
Protocols 1, 2, 3, 4, 5 and 6 and Annexes I to V and VI shall form an integral part of this Agreement.
This Agreement shall be applicable until the entry into force of the Stabilisation and Association Agreement signed in Luxembourg on the fifteenth day of October in the year 2007. Either Party may denounce this Agreement by notifying the other Party. This Agreement shall terminate six months after the date of such notification. Either Party may suspend this Agreement, with immediate effect, in the event of the non-compliance by the other Party of one of the essential elements of this Agreement.
For the purposes of this Agreement, the term ‘Parties’ shall mean the Community, of the one part, and the Republic of Montenegro, of the other part.
This Agreement shall apply, on the one hand, to the territories in which the EC Treaty is applied and under the conditions laid down in that Treaty, and to the territory of Montenegro on the other.
The Secretary General of the Council of the European Union shall be the depository of this Agreement.
This Agreement shall be drawn up in duplicate in the Bulgarian, Spanish, Czech, Danish, German, Estonian, Greek, English, French, Italian, Latvian, Lithuanian, Hungarian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovene, Finnish and Swedish languages and in the official language used in Montenegro, each text being equally authentic.
The Parties shall approve this Agreement in accordance with their own procedures. This Agreement shall enter into force on the first day of the second month following the date on which the Parties notify each other that the procedures referred to in paragraph 1 have been completed. In the event of the procedures referred to in paragraph 1 not being completed in time to allow for its entry into force on 1 January 2008, this Agreement shall provisionally apply as from that date.
ANNEX IA
ANNEX I ANNEX IA MONTENEGRIN TARIFF CONCESSIONS FOR COMMUNITY INDUSTRIAL PRODUCTS referred to in Article 6 (SAA Article 21) — Duty rates will be reduced as follows: (a) on the date of entry into force of this Agreement, the import duty will be reduced to 80 % of the basic duty; (b) on 1 January of the first year following the date of entry into force of this Agreement, the import duty will be reduced to 50 % of the basic duty; (c) on 1 January of the second year following the date of entry into force of this Agreement, the import duty will be reduced to 25 % of the basic duty; (d) on 1 January of the third year following the date of entry into force of this Agreement, the remaining import duties will be abolished. CN code Description 2515 Marble, travertine, ecaussine and other calcareous monumental or building stone of an apparent specific gravity of 2,5 or more, and alabaster, whether or not roughly trimmed or merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape: – Marble and travertine: 2515 11 00 – – Crude or roughly trimmed 2515 12 – – Merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape: 2515 12 20 – – – Of a thickness not exceeding 4 cm 2515 12 50 – – – Of a thickness exceeding 4 cm but not exceeding 25 cm 2515 12 90 – – – Other 2522 Quicklime, slaked lime and hydraulic lime, other than calcium oxide and hydroxide of heading 2825 : 2522 20 00 – Slaked lime 2523 Portland cement, aluminous cement, slag cement, supersulphate cement and similar hydraulic cements, whether or not coloured or in the form of clinkers: – Portland cement: 2523 29 00 – – Other 3602 00 00 Prepared explosives, other than propellant powders 3603 00 Safety fuses; detonating fuses; percussion or detonating caps; igniters; electric detonators: 3603 00 10 – Safety fuses; detonating fuses 3603 00 90 – Other 3820 00 00 Anti-freezing preparations and prepared de-icing fluids 4406 Railway or tramway sleepers (cross-ties) of wood: 4406 90 00 – Other 4410 Particle board, oriented strand board (OSB) and similar board (for example, waferboard) of wood or other ligneous materials, whether or not agglomerated with resins or other organic binding substances: – Of wood: 4410 12 – – Oriented strand board (OSB): 4410 12 10 – – – Unworked or not further worked than sanded 4410 19 00 – – Other 4412 Plywood, veneered panels and similar laminated wood: 4412 10 00 – Of bamboo – Other: 4412 94 – – Blockboard, laminboard and battenboard: 4412 94 10 – – – With at least one outer ply of non-coniferous wood 4412 94 90 – – – Other 4412 99 – – Other: 4412 99 70 – – – Other 6403 Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather: – Other footwear with outer soles of leather: 6403 51 – – Covering the ankle: – – – Other: – – – – Covering the ankle but no part of the calf, with in-soles of a length: – – – – – Of 24 cm or more: 6403 51 15 – – – – – – For men 6403 51 19 – – – – – – For women – – – – Other, with insoles of a length: – – – – – Of 24 cm or more: 6403 51 95 – – – – – – For men 6403 51 99 – – – – – – For women 6405 Other footwear: 6405 10 00 – With uppers of leather or composition leather 7604 Aluminium bars, rods and profiles: 7604 10 – Of aluminium, not alloyed: 7604 10 90 – – Profiles – Of aluminium alloys: 7604 29 – – Other: 7604 29 90 – – – Profiles 7616 Other articles of aluminium: – Other: 7616 99 – – Other: 7616 99 90 – – – Other 8415 Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated: – Other: 8415 81 00 – – Incorporating a refrigerating unit and a valve for reversal of the cooling/heat cycle (reversible heat pumps): 8507 Electric accumulators, including separators therefor, whether or not rectangular (including square): 8507 20 – Other lead-acid accumulators: – – Other: 8507 20 98 – – – Other 8517 Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network), other than transmission or reception apparatus of heading 8443 , 8525 , 8527 or 8528 : – Telephone sets, including telephones for cellular networks or for other wireless networks: 8517 12 00 – – Telephones for cellular networks or for other wireless networks 8703 Motor cars and other motor vehicles principally designed for the transport of persons (other than those of heading 8702 ), including station wagons and racing cars: – Other vehicles, with spark-ignition internal combustion reciprocating piston engine: 8703 22 – – Of a cylinder capacity exceeding 1 000 cm 3 but not exceeding 1 500 cm 3 : 8703 22 10 – – – New: ex 8703 22 10 – – – – Passenger motor cars 8703 22 90 – – – Used 8703 23 – – Of a cylinder capacity exceeding 1 500 cm 3 but not exceeding 3 000 cm 3 : – – – New: 8703 23 19 – – – – Other: ex 8703 23 19 – – – – – Passenger motor cars 8703 23 90 – – – Used – Other vehicles, with compression-ignition internal combustion piston engine (diesel or semi-diesel): 8703 32 – – Of a cylinder capacity exceeding 1 500 cm 3 but not exceeding 2 500 cm 3 : – – – New: 8703 32 19 – – – – Other: ex 8703 32 19 – – – – – Passenger motor cars 8703 32 90 – – – Used 8703 33 – – Of a cylinder capacity exceeding 2 500 cm 3 : – – – New: 8703 33 11 – – – – Motor caravans 8703 33 90 – – – Used ANNEX I.B MONTENEGRIN TARIFF CONCESSIONS FOR COMMUNITY INDUSTRIAL PRODUCTS — referred to in Article 6 (SAA Article 21) — Duty rates will be reduced as follows: on the date of entry into force of this Agreement, the import duty will be reduced to 85 % of the basic duty; (a) on 1 January of the first year following the date of entry into force of this Agreement, the import duty will be reduced to 70 % of the basic duty; (b) on 1 January of the second year following the date of entry into force of this Agreement, the import duty will be reduced to 55 % of the basic duty; (c) on 1 January of the third year following the date of entry into force of this Agreement, the import duty will be reduced to 40 % of the basic duty; (d) on 1 January of the fourth year following the date of entry into force of this Agreement, the import duty will be reduced to 20 % of the basic duty; (e) on 1 January of the fifth year following the date of entry into force of this Agreement, the remaining import duties will be abolished. CN code Description 2501 Salt (including table salt and denatured salt) and pure sodium chloride, whether or not in aqueous solution or containing added anti-caking or free-flowing agents; sea water: – Salt (including table salt and denatured salt) and pure sodium chloride, whether or not in aqueous solution or containing added anti-caking or free-flowing agents: – – Other: – – – Other: 2501 00 91 – – – – Salt suitable for human consumption 3304 Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or suntan preparations; manicure or pedicure preparations: – Other: 3304 99 00 – – Other 3305 Preparations for use on the hair: 3305 10 00 – Shampoos 3305 90 – Other: 3305 90 90 – – Other 3306 Preparations for oral or dental hygiene, including denture fixative pastes and powders; yarn used to clean between the teeth (dental floss), in individual retail packages: 3306 10 00 – Dentifrices 3401 Soap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, moulded pieces or shapes, whether or not containing soap; organic surface-active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap; paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent: – Soap and organic surface-active products and preparations, in the form of bars, cakes, moulded pieces or shapes, and paper, wadding, felt and non woven, impregnated, coated or covered with soap or detergent: 3401 11 00 – – For toilet use (including medicated products) 3402 Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401 : 3402 20 – Preparations put up for retail sale: 3402 20 20 – – Surface-active preparations 3402 20 90 – – Washing preparations and cleaning preparations 3402 90 – Other: 3402 90 90 – – Washing preparations and cleaning preparations 3923 Articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics: – Sacks and bags (including cones): 3923 21 00 – – Of polymers of ethylene 3923 29 – – Of other plastics: 3923 29 10 – – – Of poly(vinyl chloride) 3923 90 – Other: 3923 90 10 – – Netting extruded in tubular form 3923 90 90 – – Other 3926 Other articles of plastics and articles of other materials of headings 3901 to 3914 : 3926 90 – Other: – – Other: 3926 90 97 – – – Other 4011 New pneumatic tyres, of rubber: 4011 10 00 – Of a kind used on motor cars (including station wagons and racing cars) 4202 Trunks, suitcases, vanity cases, executive-cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; travelling-bags, insulated food or beverages bags, toilet bags, rucksacks, handbags, shopping-bags, wallets, purses, map-cases, cigarette cases, tobacco-pouches, tool bags, sports bags, bottle-cases, jewellery boxes, powder boxes, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanised fibre or of paperboard, or wholly or mainly covered with such materials or with paper: – Trunks, suitcases, vanity cases, executive-cases, briefcases, school satchels and similar containers: 4202 11 – – With outer surface of leather, of composition leather or of patent leather: 4202 11 10 – – – Executive-cases, briefcases, school satchels and similar containers 4202 11 90 – – – Other 4203 Articles of apparel and clothing accessories, of leather or of composition leather: 4203 10 00 – Articles of apparel – Gloves, mittens and mitts: 4203 29 – – Other: 4203 29 10 – – – Protective for all trades 4418 Builders' joinery and carpentry of wood, including cellular wood panels, assembled flooring panels, shingles and shakes: 4418 10 – Windows, French windows and their frames: 4418 10 50 – – Coniferous 4418 10 90 – – Other 4418 20 – Doors and their frames and thresholds: 4418 20 50 – – Coniferous 4418 20 80 – – Of other wood 4418 40 00 – Shuttering for concrete constructional work 4418 90 – Other: 4418 90 10 – – Glue-laminated timber 4418 90 80 – – Other 4802 Uncoated paper and paperboard, of a kind used for writing, printing or other graphic purposes, and non-perforated punchcards and punch-tape paper, in rolls or rectangular (including square) sheets, of any size, other than paper of heading 4801 or 4803 ; handmade paper and paperboard: – Other paper and paperboard, not containing fibres obtained by a mechanical process or chemi-mechanical process or of which not more than 10 % by weight of the total fibre content consists of such fibres: 4802 55 – – Weighing 40 g/m 2 or more but not more than 150 g/m 2 , in rolls: 4802 55 15 – – – Weighing 40 g/m 2 or more but less than 60 g/m 2 : ex 4802 55 15 – – – – Other than crude decorating paper 4802 55 25 – – – Weighing 60 g/m 2 or more but less than 75 g/m 2 : ex 4802 55 25 – – – – Other than crude decorating paper 4802 55 30 – – – Weighing 75 g/m 2 or more but less than 80 g/m 2 : ex 4802 55 30 – – – – Other than crude decorating paper 4802 55 90 – – – Weighing 80 g/m 2 or more: ex 4802 55 90 – – – – Other than crude decorating paper 4819 Cartons, boxes, cases, bags and other packing containers, of paper, paperboard, cellulose wadding or webs of cellulose fibres; box files, letter trays, and similar articles, of paper or paperboard, of a kind used in offices, shops or the like: 4819 10 00 – Cartons, boxes and cases, of corrugated paper or paperboard 4819 20 00 – Folding cartons, boxes and cases, of non-corrugated paper or paperboard 4819 30 00 – Sacks and bags, having a base of a width of 40 cm or more 4819 40 00 – Other sacks and bags, including cones 4820 Registers, account books, notebooks, order books, receipt books, letter pads, memorandum pads, diaries and similar articles, exercise books, blotting pads, binders (loose-leaf or other), folders, file covers, manifold business forms, interleaved carbon sets and other articles of stationery, of paper or paperboard; albums for samples or for collections and book covers, of paper or paperboard: 4820 10 – Registers, account books, notebooks, order books, receipt books, letter pads, memorandum pads, diaries and similar articles: 4820 10 10 – – Registers, account books, order books and receipt books 4820 20 00 – Exercise books 4820 90 00 – Other 4821 Paper or paperboard labels of all kinds, whether or not printed: 4821 10 – Printed: 4821 10 10 – – Self-adhesive 4821 90 – Other: 4821 90 10 – – Self-adhesive 4910 00 00 Calendars of any kind, printed, including calendar blocks 4911 Other printed matter, including printed pictures and photographs: 4911 10 – Trade advertising material, commercial catalogues and the like: 4911 10 10 – – Commercial catalogues 4911 10 90 – – Other – Other: 4911 99 00 – – Other 5111 Woven fabrics of carded wool or of carded fine animal hair: – Containing 85 % or more by weight of wool or of fine animal hair: 5111 19 – – Other: 5111 19 10 – – – Of a weight exceeding 300 g/m 2 but not exceeding 450 g/m 2 5111 19 90 – – – Of a weight exceeding 450 g/m 2 5112 Woven fabrics of combed wool or of combed fine animal hair: – Containing 85 % or more by weight of wool of fine animal hair: 5112 11 00 – – Of weight not exceeding 200 g/m 2 5112 19 – – Other: 5112 19 10 – – – Of a weight exceeding 200 g/m 2 but not exceeding 375 g/m 2 5112 19 90 – – – Of a weight exceeding 375 g/m 2 5209 Woven fabrics of cotton, containing 85 % or more by weight of cotton, weighing more than 200 g/m 2 : – Bleached: 5209 21 00 – – Plain weave 5209 22 00 – – 3-thread or 4-thread twill, including cross twill 5209 29 00 – – Other fabrics – Dyed: 5209 31 00 – – Plain weave 5209 32 00 – – 3-thread or 4-thread twill, including cross twill 5209 39 00 – – Other fabrics – Of yarns of different colours: 5209 41 00 – – Plain weave 5209 43 00 – – Other fabrics of 3-thread or 4-thread twill, including cross twill 5209 49 00 – – Other fabrics 6101 Men's or boys' overcoats, car coats, capes, cloaks, anoraks (including ski jackets), windcheaters, wind-jackets and similar articles, knitted or crocheted, other than those of heading6103 : 6101 90 – Of other textile materials: 6101 90 20 – – Overcoats, car coats, capes, cloaks and similar articles: ex 6101 90 20 – – – Of wool or fine animal hair 6101 90 80 – – Anoraks (including ski jackets), windcheaters, wind-jackets and similar articles: ex 6101 90 80 – – – Of wool or fine animal hair 6115 Pantyhose, tights, stockings, socks and other hosiery, including graduated compression hosiery (for example, stockings for varicose veins) and footwear without applied soles, knitted or crocheted: – Other: 6115 95 00 – – Of cotton 6115 96 – – Of synthetic fibres: 6115 96 10 – – – Knee-length stockings – – – Other: 6115 96 99 – – – – Other 6205 Men's or boys' shirts: 6205 20 00 – Of cotton 6205 30 00 – Of man-made fibres 6205 90 – Of other textile materials: 6205 90 10 – – Of flax or ramie 6205 90 80 – – Other 6206 Women's or girls' blouses, shirts and shirt-blouses: 6206 10 00 – Of silk or silk waste 6206 20 00 – Of wool or fine animal hair 6206 30 00 – Of cotton 6206 40 00 – Of man-made fibres 6206 90 – Of other textile materials: 6206 90 10 – – Of flax or ramie 6206 90 90 – – Other 6207 Men's or boys' singlet and other vests, underpants, briefs, nightshirts, pyjamas, bathrobes, dressing gowns and similar articles: – Underpants and briefs: 6207 11 00 – – Of cotton 6207 19 00 – – Of other textile materials – Nightshirts and pyjamas: 6207 21 00 – – Of cotton 6207 22 00 – – Of man-made fibres 6207 29 00 – – Of other textile materials – Other: 6207 91 00 – – Of cotton 6207 99 – – Of other textile materials 6207 99 10 – – – Of man-made fibres 6207 99 90 – – – Other 6208 Women's or girls' singlet and other vests, slips, petticoats, briefs, panties, nightdresses, pyjamas, negligees, bathrobes, dressing gowns and similar articles: – Slips and petticoats: 6208 11 00 – – Of man-made fibres 6208 19 00 – – Of other textile materials – Nightdresses and pyjamas: 6208 21 00 – – Of cotton 6208 22 00 – – Of man-made fibres 6208 29 00 – – Of other textile materials – Other: 6208 91 00 – – Of cotton 6208 92 00 – – Of man-made fibres 6208 99 00 – – Of other textile materials 6211 Tracksuits, ski suits and swimwear; other garments: – Other garments, men's or boys': 6211 32 – – Of cotton: 6211 32 10 – – – Industrial and occupational clothing – – – Tracksuits with lining: 6211 32 31 – – – – With an outer shell of a single identical fabric – – – – Other: 6211 32 41 – – – – – Upper parts 6211 32 42 – – – – – Lower parts – Other garments, women's or girls': 6211 42 – – Of cotton: 6211 42 10 – – – Aprons, overalls, smock-overalls and other industrial and occupational clothing (whether or not also suitable for domestic use) – – – Track suits with lining: 6211 42 31 – – – – With an outer shell of a single identical fabric – – – – Other: 6211 42 41 – – – – – Upper parts 6211 42 42 – – – – – Lower parts 6211 42 90 – – – Other 6211 43 – – Of man-made fibres: 6211 43 10 – – – Aprons, overalls, smock-overalls and other industrial and occupational clothing (whether or not also suitable for domestic use) – – – Track suits with lining: 6211 43 31 – – – – With an outer shell of a single identical fabric – – – – Other: 6211 43 41 – – – – – Upper parts 6211 43 42 – – – – – Lower parts 6211 43 90 – – – Other 6301 Blankets and travelling rugs: 6301 20 – Blankets (other than electric blankets) and travelling rugs, of wool or of fine animal hair: 6301 20 10 – – Knitted or crocheted 6301 20 90 – – Other 6301 90 – Other blankets and travelling rugs: 6301 90 10 – – Knitted or crocheted 6301 90 90 – – Other 6302 Bedlinen, table linen, toilet linen and kitchen linen: – Other bedlinen, printed: 6302 21 00 – – Of cotton – Other bedlinen: 6302 31 00 – – Of cotton – Other table linen: 6302 51 00 – – Of cotton 6302 53 – – Of man-made fibres: 6302 53 90 – – – Other 6403 Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather: – Other footwear with outer soles of leather: 6403 59 – – Other: – – – Other: – – – – Footwear with a vamp made of straps or which has one or several pieces cut out: – – – – – Other, with in-soles of a length: – – – – – – Of 24 cm or more: 6403 59 35 – – – – – – – For men 6403 59 39 – – – – – – – For women – – – – Other, with in-soles of a length: – – – – – Of 24 cm or more: 6403 59 95 – – – – – – For men 6403 59 99 – – – – – – For women 6802 Worked monumental or building stone (except slate) and articles thereof, other than goods of heading 6801 ; mosaic cubes and the like, of natural stone (including slate), whether or not on a backing; artificially coloured granules, chippings and powder, of natural stone (including slate): – Other monumental or building stone and articles thereof, simply cut or sawn, with a flat or even surface: 6802 21 00 – – Marble, travertine and alabaster 6802 23 00 – – Granite 6802 29 00 – – Other stone: ex 6802 29 00 – – – Other calcareous stone – Other: 6802 91 – – Marble, travertine and alabaster: 6802 91 10 – – – Polished alabaster, decorated or otherwise worked, but not carved 6802 91 90 – – – Other 6802 93 – – Granite: 6802 93 10 – – – Polished, decorated or otherwise worked, but not carved, of a net weight of 10 kg or more 6802 93 90 – – – Other 6810 Articles of cement, of concrete or of artificial stone, whether or not reinforced: – Tiles, flagstones, bricks and similar articles: 6810 11 – – Building blocks and bricks: 6810 11 10 – – – Of light concrete (with a basis of crushed pumice, granulated slag, etc.) 6810 11 90 – – – Other – Other articles: 6810 91 – – Prefabricated structural components for building or civil engineering: 6810 91 90 – – – Other 6810 99 00 – – Other 6904 Ceramic building bricks, flooring blocks, support or filler tiles and the like: 6904 10 00 – Building bricks 6904 90 00 – Other 6905 Roofing tiles, chimney-pots, cowls, chimney liners, architectural ornaments and other ceramic constructional goods: 6905 10 00 – Roofing tiles 7207 Semi-finished products of iron or non-alloy steel: – Containing by weight less than 0,25 % of carbon: 7207 11 – – Of rectangular (including square) cross-section, the width measuring less than twice the thickness: 7207 11 90 – – – Forged 7207 12 – – Other, of rectangular (other than square) cross-section: 7207 12 90 – – – Forged 7207 19 – – Other – – – Of circular or polygonal cross-section: 7207 19 12 – – – – Rolled or obtained by continuous casting 7207 19 19 – – – – Forged 7207 19 80 – – – Other 7207 20 – Containing by weight 0,25 % or more of carbon: – – Of rectangular (including square) cross-section, the width measuring less than twice the thickness: – – – Rolled or obtained by continuous casting: – – – – Other, containing by weight: 7207 20 15 – – – – – 0,25 % or more but less than 0,6 % of carbon 7207 20 17 – – – – – 0,6 % or more of carbon 7207 20 19 – – – Forged – – Other, of rectangular (other than square) cross-section: 7207 20 32 – – – Rolled or obtained by continuous casting 7207 20 39 – – – Forged – – Of circular or polygonal cross-section: 7207 20 52 – – – Rolled or obtained by continuous casting 7207 20 59 – – – Forged 7207 20 80 – – Other 7213 Bars and rods, hot-rolled, in irregularly wound coils, of iron or non-alloy steel: 7213 10 00 – Containing indentations, ribs, grooves or other deformations produced during the rolling process – Other: 7213 91 – – Of circular cross-section measuring less than 14 mm in diameter: 7213 91 10 – – – Of a type used for concrete reinforcement – – – Other: 7213 91 49 – – – – Containing by weight more than 0,06 % but less than 0,25 % of carbon: ex 7213 91 49 – – – – – Other than of a diameter of 8 mm or less 7213 99 – – Other: 7213 99 10 – – – Containing by weight less than 0,25 % of than of carbon 7213 99 90 – – – Containing by weight 0,25 % or more of carbon 7214 Other bars and rods of iron or non-alloy steel, not further worked than forged, hot-rolled, hot-drawn or hot-extruded, but including those twisted after rolling: 7214 10 00 – Forged 7214 20 00 – Containing indentations, ribs, grooves or other deformations produced during the rolling process or twisted after rolling – Other: 7214 99 – – Other: – – – Containing by weight less than 0,25 % of carbon: 7214 99 10 – – – – Of a type used for concrete reinforcement – – – – Other, of circular cross-section measuring in diameter: 7214 99 31 – – – – – 80 mm or more 7214 99 39 – – – – – Less than 80 mm 7214 99 50 – – – – Other – – – Containing by weight 0,25 % or more of carbon: – – – – Of a circular cross-section measuring in diameter: 7214 99 71 – – – – – 80 mm or more 7214 99 79 – – – – – Less than 80 mm 7214 99 95 – – – – Other 7215 Other bars and rods of iron or non-alloy steel: 7215 10 00 – Of free-cutting steel, not further worked than cold-formed or cold-finished 7215 50 – Other, not further worked than cold-formed or cold-finished: – – Containing by weight less than 0,25 % of carbon: 7215 50 11 – – – Of rectangular (other than square) cross-section 7215 50 19 – – – Other 7215 50 80 – – Containing by weight 0,25 % or more carbon 7215 90 00 – Other 7224 Other alloy steel in ingots or other primary forms; semi-finished products of other alloy steel: 7224 10 – Ingots and other primary forms: 7224 10 10 – – Of tool steel 7224 10 90 – – Other 7224 90 – Other: – – Other: – – – Of rectangular (including square) cross-section: – – – – Hot-rolled or obtained by continuous casting: – – – – – The width measuring less than twice the thickness: 7224 90 05 – – – – – – Containing by weight not more than 0,7 % of carbon, 0,5 % or more but not more than 1,2 % of manganese and 0,6 % or more but not more than 2,3 % of silicon; containing by weight 0,0008 % or more of boron with any other elements less than the minimum content referred to in note 1(f) to this chapter 7224 90 07 – – – – – – Other 7224 90 14 – – – – – Other 7224 90 18 – – – – Forged – – – Other: – – – – Hot-rolled or obtained by continuous casting: 7224 90 31 – – – – – Containing by weight not less than 0,9 % but not more than 1,15 % of carbon, not less than 0,5 % but not more than 2 % of chromium and, if present, not more than 0,5 % of molybdenum 7224 90 38 – – – – – Other 7224 90 90 – – – – Forged 7228 Other bars and rods of other alloy steel; angles, shapes and sections, of other alloy steel; hollow drill bars and rods, of alloy or non-alloy steel: 7228 20 – Bars and rods, of silico-manganese steel: 7228 20 10 – – Of rectangular (other than square) cross-section, hot rolled on four faces – – Other: 7228 20 99 – – – Other 7228 30 – Other bars and rods, not further worked than hot-rolled, hot-drawn or extruded: 7228 30 20 – – Of tool steel – – Containing by weight 0,9 % or more but not more than 1,15 % of carbon, 0,5 % or more but not more than 2 % of chromium and, if present, not more than 0,5 % of molybdenum: 7228 30 41 – – – Of circular cross-section of a diameter of 80 mm or more 7228 30 49 – – – Other – – Other: – – – Of circular cross-section, of a diameter of: 7228 30 61 – – – – 80 mm or more 7228 30 69 – – – – Less than 80 mm 7228 30 70 – – – Of rectangular (other than square) cross-section, rolled on four faces 7228 30 89 – – – Other 7228 40 – Other bars and rods, not further worked than forged: 7228 40 10 – – Of tool steel 7228 40 90 – – Other 7228 60 – Other bars and rods: 7228 60 20 – – Of tool steel 7228 60 80 – – Other 7314 Cloth (including endless bands), grill, netting and fencing, of iron or steel wire; expanded metal of iron or steel: 7314 20 – Grill, netting and fencing, welded at the intersection, of wire with a maximum cross-sectional dimension of 3 mm or more an having a mesh sise of 100 cm 2 or more: 7314 20 90 – – Other – Other grill, netting and fencing, welded at the intersection: 7314 39 00 – – Other 7317 00 Nails, tacks, drawing pins, corrugated nails, staples (other than those of heading 8305 ) and similar articles, of iron or steel, whether or not with heads of other material, but excluding such articles with heads of copper: – Other: – – Cold-pressed from wire: 7317 00 40 – – – Nails of steel containing by weight 0,5 % or more of carbon, hardened – – – Other: 7317 00 69 – – – – Other 7317 00 90 – – Other 7605 Aluminium wire: – Of aluminium, not alloyed: 7605 11 00 – – Of which the maximum cross-sectional dimension exceeds 7 mm 7605 19 00 – – Other 7606 Aluminium plates, sheets and strip, of a thickness exceeding 0,2 mm: – Rectangular (including square): 7606 11 – – Of aluminium, not alloyed: – – – Other, of a thickness of: 7606 11 91 – – – – Less than 3 mm 7606 11 93 – – – – Not less than 3 mm but less than 6 mm 7606 11 99 – – – – Not less than 6 mm 7606 12 – – Of aluminium alloys: – – – Other: – – – – Other, of a thickness of: 7606 12 91 – – – – – Less than 3 mm 7606 12 93 – – – – – Not less than 3 mm but less than 6 mm 7606 12 99 – – – – – Not less than 6 mm 7607 Aluminium foil (whether or not printed or backed with paper, paperboard, plastics or similar backing materials) of a thickness (excluding any backing) not exceeding 0,2 mm: – Not backed: 7607 11 – – Rolled but not further worked: 7607 11 10 – – – Of a thickness of less than 0,021 mm 7607 11 90 – – – Of a thickness of not less than 0,021 mm but not more than 0,2 mm 7607 19 – – Other: 7607 19 10 – – – Of a thickness of less than 0,021 mm – – – Of a thickness of not less than 0,021 mm but not more than 0,2 mm: 7607 19 99 – – – – Other 7607 20 – Backed: 7607 20 10 – – Of a thickness (excluding any backing) of less than 0,021 mm – – – Of a thickness (excluding any backing) of not less than 0,021 mm but not more than 0,2 mm: 7607 20 99 – – – Other 7610 Aluminium structures (excluding prefabricated buildings of heading 9406 ) and parts of structures (for example, bridges and bridge-sections, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, balustrades, pillars and columns); aluminium plates, rods, profiles, tubes and the like, prepared for use in structures: 7610 10 00 – Doors, windows and their frames and thresholds for doors 7610 90 – Other: 7610 90 90 – – Other 7614 Stranded wire, cables, plaited bands and the like, of aluminium, not electrically insulated: 7614 10 00 – With steel core 7614 90 00 – Other 8311 Wire, rods, tubes, plates, electrodes and similar products, of base metal or of metal carbides, coated or cored with flux material, of a kind used for soldering, brazing, welding or deposition of metal or of metal carbides; wire and rods, of agglomerated base metal powder, used for metal spraying: 8311 10 – Coated electrodes of base metal, for electric arc-welding: 8311 10 10 – – Welding electrodes cored with iron or steel and coated with refractory material 8311 10 90 – – Other 8311 20 00 – Cored wire of base metal, for electric arc-welding 8418 Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps other than air-conditioning machines of heading 8415 : 8418 10 – Combined refrigerator-freezers, fitted with separate external doors: 8418 10 20 – – Of a capacity exceeding 340 litres: ex 8418 10 20 – – – Other than for use in civil aircraft 8418 10 80 – – Other: ex 8418 10 80 – – – Other than for use in civil aircraft – Refrigerators, household type: 8418 21 – – Compression-type: – – – Other: – – – – Other, of a capacity: 8418 21 91 – – – – – Not exceeding 250 litres 8418 21 99 – – – – – Exceeding 250 litres but not exceeding 340 litres 8418 30 – Freezers of the chest type, not exceeding 800 litres capacity: 8418 30 20 – – Of a capacity not exceeding 400 litres: ex 8418 30 20 – – – Other than for use in civil aircraft 8418 30 80 – – Of a capacity exceeding 400 litres but not exceeding 800 litres: ex 8418 30 80 – – – Other than for use in civil aircraft 8418 40 – Freezers of the upright type, not exceeding 900 litres capacity: 8418 40 20 – – Of a capacity not exceeding 250 litres: ex 8418 40 20 – – – Other than for use in civil aircraft 8418 40 80 – – Of a capacity exceeding 250 litres but not exceeding 900 litres: ex 8418 40 80 – – – Other than for use in civil aircraft 8422 Dishwashing machines; machinery for cleaning or drying bottles or other containers; machinery for filling, closing, sealing or labelling bottles, cans, boxes, bags or other containers; machinery for capsuling bottles, jars, tubes and similar containers; other packing or wrapping machinery (including heat-shrink wrapping machinery); machinery for aerating beverages: – Dishwashing machines: 8422 11 00 – – Of the household type 8426 Ships' derricks; cranes, including cable cranes; mobile lifting frames, straddle carriers and works trucks fitted with a crane: – Other machinery: 8426 91 – – Designed for mounting on road vehicles: 8426 91 10 – – – Hydraulic cranes designed for the loading and unloading of the vehicle 8426 91 90 – – – Other 8450 Household or laundry-type washing machines, including machines which both wash and dry: – Machines, each of a dry linen capacity not exceeding 10 kg: 8450 11 – – Fully-automatic machines: – – – Each of a dry linen capacity not exceeding 6 kg: 8450 11 11 – – – – Front-loading machines 8483 Transmission shafts (including cam shafts and crank shafts) and cranks; bearing housings and plain shaft bearings; gears and gearing; ball or roller screws; gear boxes and other speed changers, including torque converters; flywheels and pulleys, including pulley blocks; clutches and shaft couplings (including universal joints): 8483 30 – Bearing housings, not incorporating ball or roller bearings; plain shaft bearings: 8483 30 80 – – Plain shaft bearings 8703 Motor cars and other motor vehicles principally designed for the transport of persons (other than those of heading 8702 ), including station wagons and racing cars: – Other vehicles, with spark-ignition internal combustion reciprocating piston engine: 8703 24 – – Of a cylinder capacity exceeding 3 000 cm 3 : 8703 24 10 – – – New: ex 8703 24 10 – – – – Passenger motor cars 8703 24 90 – – – Used – Other vehicles, with compression-ignition internal combustion piston engine (diesel or semi-diesel): 8703 33 – – Of a cylinder capacity exceeding 2 500 cm 3 : – – – New: 8703 33 19 – – – – Other: ex 8703 33 19 – – – – – Passenger motor cars 9401 Seats (other than those of heading 9402 ), whether or not convertible into beds, and parts thereof: 9401 40 00 – Seats other than garden seats or camping equipment, convertible into beds – Other seats, with wooden frames: 9401 61 00 – – Upholstered 9401 69 00 – – Other – Other seats, with metal frames: 9401 71 00 – – Upholstered 9401 79 00 – – Other 9401 80 00 – Other seats 9403 Other furniture and parts thereof: 9403 40 – Wooden furniture of a kind used in the kitchen: 9403 40 90 – – Other 9403 50 00 – Wooden furniture of a kind used in the bedroom 9403 60 – Other wooden furniture: 9403 60 10 – – Wooden furniture of a kind used in the dining room and the living room 9403 60 90 – – Other wooden furniture 9404 Mattress supports; articles of bedding and similar furnishing (for example, mattresses, quilts, eiderdowns, cushions, pouffes and pillows) fitted with springs or stuffed or internally fitted with any material or of cellular rubber or plastics, whether or not covered: – Mattresses: 9404 29 – – Of other materials: 9404 29 10 – – – Spring interior 9404 90 – Other: 9404 90 90 – – Other 9406 00 Prefabricated buildings: – Other: 9406 00 20 – – Of wood
DEFINITION OF ‘BABY BEEF’ PRODUCTS
ANNEX II DEFINITION OF ‘BABY BEEF’ PRODUCTS — referred to in Article 11 paragraph (3) of this Agreement — [SAA Article 26(3)] Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together. CN code TARIC subdivision Description 0102 Live bovine animals: 0102 90 – Other: – – Domestic species: – – – Of a weight exceeding 300 kg: – – – – Heifers (female bovines that have never calved): ex 0102 90 51 – – – – – For slaughter: 10 – Not yet having any permanent teeth, of a weight of 320 kg or more but not exceeding 470 kg ( 1 ) ex 0102 90 59 – – – – – Other: 11 – Not yet having any permanent teeth, of a weight of 320 kg or more but not exceeding 470 kg ( 1 ) 21 31 91 – – – – Other: ex 0102 90 71 – – – – – For slaughter: 10 – Bulls and steers not yet having permanent teeth, of a weight of 350 kg or more but not exceeding 500 kg ( 1 ) ex 0102 90 79 – – – – – Other: 21 – Bulls and steers not yet having permanent teeth, of a weight of 350 kg or more but not exceeding 500 kg ( 1 ) 91 0201 Meat of bovine animals, fresh or chilled: ex 0201 10 00 – Carcases and half-carcases 91 – Carcases of a weight of 180 kg or more but not exceeding 300 kg, and half carcases of a weight of 90 kg or more but not exceeding 150 kg, with a low degree of ossification of the cartilages (in particular those of the symphysis pubis and the vertebral apophyses), the meat of which is a light pink colour and the fat of which, of extremely fine texture, is white to light yellow in colour ( 1 ) 0201 20 – Other cuts with bone in: ex 0201 20 20 – – ‘Compensated’ quarters: 91 – ‘Compensated’ quarters of a weight of 90 kg or more but not exceeding 150 kg, with a low degree of ossification of the cartilages (in particular those of the symphysis pubis and the vertebral apophyses), the meat of which is a light pink colour and the fat of which, of extremely fine texture, is white to light yellow in colour ( 1 ) ex 0201 20 30 – – Unseparated or separated forequarters: 91 – Separated forequarters, of a weight of 45 kg or more but not exceeding 75 kg, with a low degree of ossification of the cartilages (in particular those of the vertebral apophyses), the meat of which is a light pink colour and the fat of which, of extremely fine texture, is white to light yellow in colour ( 1 ) ex 0201 20 50 – – Unseparated or separated hindquarters: 91 – Separated hindquarters of a weight of 45 kg or more but not exceeding 75 kg (but 38 kg or more and not exceeding 68 kg in the case of ‘Pistola’ cuts), with a low degree of ossification of the cartilages (in particular those of the vertebral apophyses), the meat of which is a light pink colour and the fat of which, of extremely fine texture, is white to light yellow in colour ( 1 ) ( 1 ) Entry under this subheading is subject to conditions laid down in the relevant Community provisions.
COMMUNITY CONCESSIONS FOR MONTENEGRIN FISHERY PRODUCTS
ANNEX IV COMMUNITY CONCESSIONS FOR MONTENEGRIN FISHERY PRODUCTS Products referred to in Article 14 of this Agreement (SAA Article 29(2)) Imports into the Community of the following products originating in Montenegro shall be subject to the concessions set out below: CN code TARIC Subdivision Description From entry into force of this Agreement until 31 December of same year (n) From 1 January to 31 December (n + 1) For every year thereafter, from 1 January to 31 December 0301 91 10 Trout ( Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster ): live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption TQ: 20 t at 0 % Over the TQ: 90 % of MFN duty TQ: 20 t at 0 % Over the TQ: 80 % of MFN duty TQ: 20 t at 0 % Over the TQ: 70 % of MFN duty 0301 91 90 0302 11 10 0302 11 20 0302 11 80 0303 21 10 0303 21 20 0303 21 80 0304 19 15 0304 19 17 ex 0304 19 19 30 ex 0304 19 91 10 0304 29 15 0304 29 17 ex 0304 29 19 30 ex 0304 99 21 11, 12, 20 ex 0305 10 00 10 ex 0305 30 90 50 0305 49 45 61 ex 0305 59 80 61 ex 0305 69 80 0301 93 00 20 Carp: live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption TQ: 10 t at 0 % Over the TQ: 90 % of MFN duty TQ: 10 t at 0 % Over the TQ: 80 % of MFN duty TQ: 10 t at 0 % Over the TQ: 70 % of MFN duty 0302 69 11 20 0303 79 11 20 ex 0304 19 19 16 ex 0304 19 91 20 ex 0304 29 19 60 ex 0304 99 21 30 ex 0305 10 00 63 ex 0305 30 90 63 ex 0305 49 80 ex 0305 59 80 ex 0305 69 80 ex 0301 99 80 80 Sea bream ( Dentex dentex and Pagellus spp .): live; fresh or chilled frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption TQ: 20 t at 0 % Over the TQ: 80 % of MFN duty TQ: 20 t at 0 % Over the TQ: 55 % of MFN duty TQ: 20 t at 0 % Over the TQ: 30 % of MFN duty 0302 69 61 0303 79 71 ex 3041939 80 ex 3041999 77 ex 3042999 50 ex 3049999 20 ex 0305 10 00 30 ex 0305 30 90 70 ex 0305 49 80 40 ex 0305 59 80 65 ex 0305 69 80 65 ex 0301 99 80 22 Sea bass ( Dicentrarchus labrax ): live; fresh or chilled; frozen; dried salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption TQ: 20 t at 0 % Over the TQ: 80 % of MFN duty TQ: 20 t at 0 % Over the TQ: 55 % of MFN duty TQ: 20 t at 0 % Over the TQ: 30 % of MFN duty 0302 69 94 ex 0303 77 00 10 ex 3041939 85 ex 3041999 79 ex 3042999 60 ex 3049999 70 ex 0305 10 00 40 ex 0305 30 90 80 ex 0305 49 80 50 ex 0305 59 80 67 ex 0305 69 80 67 CN code TARIC Subdivision Description Annual tariff quota volume (net weight) 1604 13 11 Prepared or preserved sardines TQ: 200 t at 6 % Over the TQ: full MFN duty ( 1 ) 1604 13 19 ex 1604 20 50 10, 19 1604 16 00 1604 20 40 Prepared or preserved anchovies TQ: 200 t at 12,5 % Over the TQ: full MFN duty ( 1 ) The duty rate applicable to all products of HS heading 1604 except prepared or preserved sardines and anchovies will be reduced according to the following timetable: Year Year 1 (duty %) Year 3 (duty %) Year 5 and subsequent years (duty %) Duty 90 % of MFN 80 % of MFN 70 % of MFN ( 1 ) The initial quota volume shall be 200 tonnes. From 1 January of the fourth year following the entry into force of this Agreement, the quota volume shall be increased to 250 tonnes provided that at least 80 % of the total amount of the previous quota has been used by 31 December of that year. The increased quota volume, if implemented, will continue to apply until such time as the parties to this Agreement agree other arrangements.
MONTENEGRIN CONCESSIONS FOR COMMUNITY FISHERY PRODUCTS
ANNEX V MONTENEGRIN CONCESSIONS FOR COMMUNITY FISHERY PRODUCTS Products referred to in Article 15 of this Agreement [SAA Article 30(2)] Imports into Montenegro of the following products originating in the Community shall be subject to the concessions set out below: CN code Description From entry into force of this Agreement until 31 December of same year (n) From 1 January to 31 December (n + 1) For every year thereafter, from 1 January to 31 December 0301 91 10 0301 91 90 0302 11 10 0302 11 20 0302 11 80 0303 21 10 0303 21 20 0303 21 80 0304 19 15 0304 19 17 ex 0304 19 19 ex 0304 19 91 0304 29 15 0304 29 17 ex 0304 29 19 ex 0304 99 21 ex 0305 10 00 ex 0305 30 90 0305 49 45 ex 0305 59 80 ex 0305 69 80 Trout ( Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster ): live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption TQ: 20 t at 0 % Over the TQ: 90 % of MFN duty TQ: 20 t at 0 % Over the TQ: 80 % of MFN duty TQ: 20 t at 0 % Over the TQ: 70 % of MFN duty ex 0301 99 80 0302 69 61 0303 79 71 ex 3041939 ex 3041999 ex 3042999 ex 3049999 ex 0305 10 00 ex 0305 30 90 ex 0305 49 80 ex 0305 59 80 ex 0305 69 80 Sea bream ( Dentex dentex and Pagellus spp. ): live; fresh or chilled frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption TQ: 20 t at 0 % Over the TQ: 80 % of MFN duty TQ: 20 t at 0 % Over the TQ: 60 % of MFN duty TQ: 20 t at 0 % Over the TQ: 40 % of MFN duty ex 0301 99 80 0302 69 94 ex 0303 77 00 ex 3041939 ex 3041999 ex 3042999 ex 3049999 ex 0305 10 00 ex 0305 30 90 ex 0305 49 80 ex 0305 59 80 ex 0305 69 80 Sea bass ( Dicentrarchus labrax ): live; fresh or chilled; frozen; dried salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption TQ: 20 t at 0 % Over the TQ: 80 % of MFN duty TQ: 20 t at 0 % Over the TQ: 60 % of MFN duty TQ: 20 t at 0 % Over the TQ: 40 % of MFN duty CN code Description Annual tariff quota volume (net weight) 1604 13 11 1604 13 19 ex 1604 20 50 Prepared or preserved sardines TQ: 20 t at 50 % of MFN Over the TQ: full MFN duty 1604 16 00 1604 20 40 Prepared or preserved anchovies TQ: 10 t at 50 % Over the TQ: full MFN duty The duty rate applicable to all products of HS heading 1604 except prepared or preserved sardines and anchovies will be reduced according to the following timetable: Year Year 1 (duty %) Year 2 (duty %) Year 3 (duty %) Year 4 and subsequent years (duty %) Duty 80 % of MFN 70 % of MFN 60 % of MFN 50 % of MFN
INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY RIGHTS
ANNEX VI INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY RIGHTS referred to in Article 40 of this Agreement (SAA Article 75) — Article 40(4) of this Agreement [SAA Article 75(4)] concerns the following Multilateral Conventions to which Member States are Parties, or which are de facto applied by Member States: — Convention establishing the World Intellectual Property Organisation (WIPO Convention, Stockholm, 1967, as amended in 1979), — Berne Convention for the Protection of Literary and Artistic Works (Paris Act, 1971), — Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (Brussels, 1974), — Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (Budapest, 1977, as amended in 1980), — Hague Agreement Concerning the International Deposit of Industrial Designs (London Act, 1934 and The Hague Act, 1960), — Locarno Agreement Establishing an International Classification for Industrial Designs (Locarno, 1968, as amended in 1979), — Madrid Agreement concerning the International Registration of Marks (Stockholm Act, 1967 and amended in 1979), — Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol, 1989), — Nice Agreement concerning the International Classification of Goods and Services for the purposes of the Registration of Marks (Geneva, 1977 and amended in 1979), — Paris Convention for the Protection of Industrial Property (Stockholm Act, 1967 and amended in 1979), — Patent Cooperation Treaty (Washington, 1970, as amended in 1979 and modified in 1984), — Patent Law Treaty (Geneva, 2000), — International Convention for the Protection of New Varieties of Plants (UPOV Convention, Paris, 1961, as revised in 1972, 1978 and 1991), — Convention for the Protection of Producers of Phonograms against Unauthorised Duplications of their Phonograms (Phonograms Convention, Geneva, 1971), — International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Rome Convention, 1961), — Strasbourg Agreement Concerning the International Patent Classification (Strasbourg, 1971, as amended in 1979), — Trademark Law Treaty (Geneva, 1994), — Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks (Vienna, 1973, as amended in 1985), — WIPO Copyright Treaty (Geneva, 1996), — WIPO Performances and Phonograms Treaty (Geneva, 1996), — The European Patent Convention, — WTO Agreement of Trade-Related Aspects of Intellectual Property Rights.,
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