2010/224/,Euratom: Council and Commission Decision of 29 March 2010 on the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part
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The Stabilisation and Association Agreement between the European Communities and their Member States, 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 European Union and the European Atomic Energy Community. The text of the Agreement is attached to this Decision.
1. An Association is hereby established between the Community and its Member States, of the one part, and the Republic of Montenegro, of the other part. 2. The aims of this Association are: (a) to support the efforts of Montenegro to strengthen democracy and the rule of law; (b) to contribute to political, economic and institutional stability in Montenegro, as well as to the stabilisation of the region; (c) to provide an appropriate framework for political dialogue, allowing the development of close political relations between the Parties; (d) to support the efforts of Montenegro to develop its economic and international cooperation, including through the approximation of its legislation to that of the Community; (e) to support the efforts of Montenegro to complete the transition into a functioning market economy; (f) to promote harmonious economic relations and gradually develop a free trade area between the Community and Montenegro; (g) to foster regional cooperation in all the fields covered by this Agreement.
The President of the Council shall, on behalf of the Union, make the following notification: ‘As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to “the European Community” in the text of the Agreement are, where appropriate, to be read as “the European Union.” ’
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.
1. The position to be taken by the Union or by the European Atomic Energy Community within the Stabilisation and Association Council and within the Stabilisation and Association Committee when the latter is empowered to act by the Stabilisation and Association Council shall be determined by the Council, on a proposal from the Commission, or, where appropriate, by the Commission, each in accordance with the corresponding provisions of the Treaties. 2. The President of the Council shall, in accordance with Article 120 of the Agreement, preside over the Stabilisation and Association Council. A representative of the Commission shall preside over the Stabilisation and Association Committee, in accordance with the Rules of Procedure thereof. 3. The decision to publish the decisions of the Stabilisation and Association Council and the Stabilisation and Association Committee in the Official Journal of the European Union shall be taken on a case-by-case basis by the Council or the Commission, each in accordance with the corresponding provisions of the Treaties.
The fight against the proliferation of weapons of mass destruction and their means of delivery constitutes an essential element of this Agreement.
The President of the Council is hereby authorised to designate the person(s) empowered, on behalf of the European Union, to deposit the act of approval provided for in Article 138 of the Agreement. The President of the Commission shall deposit the said act of approval on behalf of the European Atomic Energy Community.
The contracting parties reaffirm the importance they attach to the implementation of international obligations, notably the full cooperation with ICTY.
This Decision shall enter into force on the date of its adoption.
International and regional peace and stability, the development of good neighbourly relations, human rights and the respect and protection of minorities are central to the Stabilisation and Association process referred to in the conclusions of the Council of the European Union on 21 June 1999. The conclusion and the implementation of this Agreement come within the framework of the conclusions of the Council of the European Union of 29 April 1997 and are based on the individual merits of Montenegro.
Montenegro commits itself to continue to foster cooperation and good neighbourly relations with the other countries of the region including an appropriate level of mutual concessions concerning the movement of persons, goods, capital and services as well as the development of projects of common interest, notably those related to border management and combating organised crime, corruption, money laundering, illegal migration and trafficking, including in particular in human beings, small arms and light weapons, as well as illicit drugs. This commitment constitutes a key factor in the development of the relations and cooperation between the Parties and thus contributes to regional stability.
The Parties reaffirm the importance that they attach to the fight against terrorism and the implementation of international obligations in this area.
The association shall be progressively and fully realised over a transitional period of a maximum of five years. The Stabilisation and Association Council (hereinafter referred to as ‘SAC’) established under Article 119 shall regularly review, as a rule on an annual basis, the implementation of this Agreement and the adoption and implementation by Montenegro of legal, administrative, institutional and economic reforms. This review shall be carried out in the light of the preamble and in accordance with the general principles of this Agreement. It shall take duly into account priorities set in the European Partnership relevant to this Agreement and be in coherence with the mechanisms established under the Stabilisation and Association process, notably the progress report on the Stabilisation and Association process. On the basis of this review, the SAC will issue recommendations and may take decisions. Where the review identifies particular difficulties, they may be referred to the mechanisms of dispute settlement established under this Agreement. The full association shall be progressively realised. No later than the third year after the entry into force of this Agreement, the SAC shall make a thorough review of the application of this Agreement. On the basis of this review the SAC shall evaluate progress made by Montenegro and may take decisions governing the following stages of association. The aforementioned review will not apply to the free movement of goods, for which a specific schedule is foreseen in Title IV.
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. Political dialogue between the Parties shall be further developed within the context of this Agreement. It shall accompany and consolidate the rapprochement between the European Union and Montenegro and contribute to the establishment of close links of solidarity and new forms of cooperation between the Parties. 2. The political dialogue is intended to promote in particular: (a) full integration of Montenegro into the community of democratic nations and gradual rapprochement with the European Union; (b) an increasing convergence of positions of the Parties on international issues, including CFSP issues, also through the exchange of information as appropriate, and, in particular, on those issues likely to have substantial effects on the Parties; (c) regional cooperation and the development of good neighbourly relations; (d) common views on security and stability in Europe, including cooperation in the areas covered by the CFSP of the European Union. 3. The Parties consider that the proliferation of weapons of mass destruction (WMD) and their means of delivery, both to state and non-state actors, represents one of the most serious threats to international stability and security. The Parties therefore agree to cooperate and to contribute to countering the proliferation of weapons of mass destruction and their means of delivery through full compliance with and national implementation of their existing obligations under international disarmament and non-proliferation Treaties and Agreements and other relevant international obligations. The Parties agree that this provision constitutes an essential element of this Agreement and will be part of the political dialogue that will accompany and consolidate these elements. The Parties furthermore agree to cooperate and to contribute to countering the proliferation of weapons of mass destruction and their means of delivery by: (a) taking steps to sign, ratify, or accede to, as appropriate, and fully implement all other relevant international instruments; (b) establishing an effective system of national export controls, controlling the export as well as the transit of WMD-related goods, including a WMD end-use control on dual use technologies and containing effective sanctions for breaches of export controls; (c) Political dialogue on this matter may take place on a regional basis.
1. Political dialogue shall take place within the Stabilisation and Association Council, which shall have the general responsibility for any matter which the Parties might wish to put to it. 2. At the request of the Parties, political dialogue may also take place in the following formats: (a) meetings, where necessary, of senior officials representing Montenegro, on the one hand, and the Presidency of the Council of the European Union, the Secretary General/High Representative for the Common Foreign and Security Policy and the Commission of the European Communities (hereinafter referred to as ‘European Commission’), on the other; (b) taking full advantage of all diplomatic channels between the Parties, including appropriate contacts in third countries and within the United Nations, the OSCE, the Council of Europe and other international fora; (c) any other means which would make a useful contribution to consolidating, developing and stepping up this dialogue, including those identified in the Thessaloniki agenda, adopted in the Conclusions of the European Council in Thessaloniki on 19 and 20 June 2003.
A political dialogue at parliamentary level shall take place within the framework of the Stabilisation and Association Parliamentary Committee established under Article 125.
Political dialogue may take place within a multilateral framework, and as a regional dialogue including other countries of the region, including in the framework of the EU-Western Balkan forum.
In conformity with its commitment to international and regional peace and stability, and to the development of good neighbourly relations, Montenegro shall actively promote regional cooperation. The Community assistance programmes may support projects having a regional or cross-border dimension through its technical assistance programmes. Whenever Montenegro foresees to reinforce its cooperation with one of the countries mentioned in Articles 15, 16 and 17, it shall inform and consult the Community and its Member States according to the provisions laid down in Title X. Montenegro shall implement fully the existing bilateral Agreements negotiated pursuant to the Memorandum of Understanding on Trade Facilitation and Liberalisation signed in Brussels on 27 June 2001 by Serbia and Montenegro and the Central European Free Trade Agreement signed in Bucharest on 19 December 2006.
Cooperation with other countries having signed a Stabilisation and Association Agreement
After the signature of this Agreement, Montenegro shall start negotiations with the countries which have already signed a Stabilisation and Association Agreement with a view to concluding bilateral conventions on regional cooperation, the aim of which shall be to enhance the scope of cooperation between the countries concerned. The main elements of these conventions shall be: (a) political dialogue; (b) the establishment of free trade areas, consistent with relevant WTO provisions; (c) mutual concessions concerning the movement of workers, establishment, supply of services, current payments and movement of capital as well as other policies related to movement of persons at an equivalent level to that of this Agreement; (d) provisions on cooperation in other fields whether or not covered by this Agreement, and notably the field of Justice, Freedom and Security. These conventions shall contain provisions for the creation of the necessary institutional mechanisms, as appropriate. These conventions shall be concluded within two years after the entry into force of this Agreement. Readiness by Montenegro to conclude such conventions will be a condition for the further development of the relations between Montenegro and the European Union. Montenegro shall initiate similar negotiations with the remaining countries of the region once these countries will have signed a Stabilisation and Association Agreement.
Cooperation with other countries concerned by the Stabilisation and Association process
Montenegro shall pursue regional cooperation with the other States concerned by the Stabilisation and Association process in some or all the fields of cooperation covered by this Agreement, and notably those of common interest. Such cooperation should always be compatible with the principles and objectives of this Agreement.
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 EU accession in any of the fields of cooperation covered by this Agreement. Such conventions should aim to gradually align bilateral relations between Montenegro and this country to the relevant part of the relations between the Community and its Member States and this 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 in accordance with Article XXIV of the GATT 1994 as well as liberalising the establishment and supply of services between them at an equivalent level of this Agreement in accordance with Article V of the GATS. These negotiations should be opened as soon as possible, with a view to concluding the abovementioned Agreement before the end of the transitional period referred to in Article 18(1).
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 21 if its general economic situation and the situation of the economic sector concerned so permit. The Stabilisation and Association Council 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 products’ 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 valorem customs duties and a specific customs duty, the elimination applies only to the ad valorem 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 valorem 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 and measures having equivalent effect 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 all customs duties and measures having equivalent effect 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 Stabilisation and Association Council, no later than three 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 41, 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 25, 26, 27, 28, 29 and 30, 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 26, 27, 28, 29 and 30, 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 period specified in Article 18, 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 Stabilisation and Association Council 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 41. 2. If one of the Parties finds that dumping and/or countervailable subsidisation 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 18 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, four 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 Stabilisation and Association Council 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 Stabilisation and Association Council, which may take any decisions needed to put an end to such problems. If the Stabilisation and Association Council 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 Stabilisation and Association Council, 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 Stabilisation and Association Council 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 Stabilisation and Association Council with all relevant information, with a view to seeking a solution acceptable to the Parties. The Parties within the Stabilisation and Association Council 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 Stabilisation and Association Council, 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 Stabilisation and Association Council 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 the 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 Stabilisation and Association Committee of its finding together with the objective information and enter into consultations within the Stabilisation and Association 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 Stabilisation and Association Committee as above and have failed to agree on an acceptable solution within three 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 Stabilisation and Association 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 Stabilisation and Association Committee. They shall be subject to periodic consultations within the Stabilisation and Association 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 Stabilisation and Association 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 the Stabilisation and Association Council 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.
1. Subject to the conditions and modalities applicable in each Member State: (a) treatment accorded to workers who are nationals of Montenegro and who are legally employed in the territory of a Member State shall be free of any discrimination based on nationality, as regards working conditions, remuneration or dismissal, compared to nationals of that Member State; (b) the legally resident spouse and children of a worker legally employed in the territory of a Member State, with the exception of seasonal workers and of workers coming under bilateral Agreements within the meaning of Article 50, unless otherwise provided by such Agreements, shall have access to the labour market of that Member State, during the period of that worker's authorised stay of employment. 2. Montenegro shall, subject to the conditions and modalities applicable in that Republic, accord the treatment referred to in paragraph 1 to workers who are nationals of a Member State and are legally employed in its territory as well as to their spouse and children who are legally resident in Montenegro.
1. Taking into account the situation in the labour market in the Member States, and subject to their legislation and to compliance with the rules in force in the Member States in the area of mobility of workers: (a) the existing facilities of access to employment for workers of Montenegro accorded by Member States under bilateral Agreements should be preserved and if possible improved; (b) the other Member States shall examine the possibility of concluding similar Agreements. 2. After three years, the Stabilisation and Association Council shall examine the granting of other improvements, including facilities for access to professional training, in accordance with the rules and procedures in force in the Member States, and taking into account the situation in the labour market in the Member States and in the Community.
1. Rules shall be laid down for the coordination of social security systems for workers with nationality of Montenegro, legally employed in the territory of a Member State, and for the members of their families legally resident there. To that effect, a decision of the Stabilisation and Association Council, which should not affect any rights or obligations arising from bilateral Agreements where the latter provide for more favourable treatment, shall put the following provisions in place: (a) all periods of insurance, employment or residence completed by such workers in the various Member States shall be added together for the purpose of pensions and annuities in respect of old age, invalidity and death and for the purpose of medical care for such workers and such family members; (b) any pensions or annuities in respect of old age, death, industrial accident or occupational disease, or of invalidity resulting therefrom, with the exception of non-contributory benefits, shall be freely transferable at the rate applied by virtue of the law of the debtor Member State or States; (c) the workers in question shall receive family allowances for the members of their families as defined above. 2. Montenegro shall accord to workers who are nationals of a Member State and legally employed in their territory, and to members of their families legally resident there, treatment similar to that specified in points (b) and (c) of paragraph 1.
Definition
For the purposes of this Agreement: (a) ‘Community company’ or ‘Montenegrin company’ shall mean, respectively, a company set up in accordance with the laws of a Member State, or of Montenegro and having its registered office or central administration or principal place of business in the territory of the Community or of Montenegro. However, should the company, set up in accordance with the laws of a Member State or of Montenegro, have only its registered office in the territory of the Community or of Montenegro respectively, the company shall be considered a Community or a Montenegrin company if its operations possess a real and continuous link with the economy of one of the Member States or of Montenegro; (b) ‘Subsidiary’ of a company shall mean a company which is effectively controlled by another company; (c) ‘Branch’ of a company shall mean a place of business not having legal personality which has the appearance of permanency, such as the extension of a parent body, has a management and is materially equipped to negotiate business with third Parties so that the latter, although knowing that there will if necessary be a legal link with the parent body, the head office of which is abroad, do not have to deal directly with such parent body but may transact business at the place of business constituting the extension; (d) ‘Establishment’ shall mean: (i) as regards nationals, the right to take up economic activities as self-employed persons, and to set up undertakings, in particular companies, which they effectively control. Self-employment and business undertakings by nationals shall not extend to seeking or taking employment in the labour market or confer a right of access to the labour market of another Party. The provisions of this Chapter do not apply to persons who are not exclusively self-employed; (ii) as regards Community or Montenegrin companies, the right to take up economic activities by means of the setting up of subsidiaries and branches in Montenegro, or in the Community respectively; (e) ‘Operations’ shall mean the pursuit of economic activities; (f) ‘Economic activities’ shall in principle include activities of an industrial, commercial and professional character and activities of craftsmen; (g) ‘Community national’ and ‘national of Montenegro’ shall mean respectively a natural person who is a national of a Member State or Montenegro respectively; With regard to international maritime transport, including inter-modal operations involving a sea leg, Community nationals or nationals of Montenegro established outside the Community and Montenegro, and shipping companies established outside the Community or Montenegro and controlled by Community nationals or nationals of Montenegro, shall also be beneficiaries of the provisions of this Chapter and Chapter III, if their vessels are registered in that Member State or in Montenegro, in accordance with their respective legislation; (h) ‘Financial services’ shall mean those activities described in Annex VI. The Stabilisation and Association Council may extend or modify the scope of that Annex.
1. Montenegro shall facilitate the setting-up of operations on its territory by Community companies and nationals. To that end, Montenegro shall grant, upon entry into force of this Agreement: (a) as regards the establishment of Community companies on the territory of Montenegro, treatment no less favourable than that accorded to its own companies or to any third country company, whichever is the better; (b) as regards the operation of subsidiaries and branches of Community companies on the territory of Montenegro once established, treatment no less favourable than that accorded to its own companies and branches or to any subsidiary and branch of any third country company, whichever is the better. 2. The Community and its Member States shall grant, from the entry into force of this Agreement: (a) as regards the establishment of Montenegrin companies treatment no less favourable than that accorded by Member States to their own companies or to any company of any third country, whichever is the better; (b) as regards the operation of subsidiaries and branches of Montenegrin companies, established in its territory, treatment no less favourable than that accorded by Member States to their own companies and branches, or to any subsidiary and branch of any third country company, established in their territory, whichever is the better. 3. The Parties shall not adopt any new regulations or measures which introduce discrimination as regards the establishment of any other Party's companies on their territory or in respect of their operation, once established, by comparison with their own companies. 4. Four years after the entry into force of this Agreement, the Stabilisation and Association Council shall establish the modalities to extend the above provisions to the establishment of Community nationals and nationals of Montenegro to take up economic activities as self-employed persons. 5. Notwithstanding the provisions of this Article: (a) Subsidiaries and branches of Community companies shall have, from the entry into force of this Agreement, the right to use and rent real property in Montenegro; (b) Subsidiaries and branches of Community companies shall from the entry into force of this Agreement have the right to acquire and enjoy ownership rights over real property as Montenegrin companies and as regards public goods/goods of common interest, the same rights as enjoyed by Montenegrin companies respectively where these rights are necessary for the conduct of the economic activities for which they are established.
1. Subject to the provisions of Article 56, with the exception of financial services described in Annex VI, the Parties may regulate the establishment and operation of companies and nationals on their territory, insofar as these regulations do not discriminate against companies and nationals of the other Parties in comparison with its own companies and nationals. 2. In respect of financial services, notwithstanding any other provisions of this Agreement, a Party shall not be prevented from taking measures for prudential reasons, including for the protection of investors, depositors, policy holders or persons to whom a fiduciary duty is owed by a financial service supplier, or to ensure the integrity and stability of the financial system. Such measures shall not be used as a means of avoiding the Party's obligations under this Agreement. 3. Nothing in this Agreement shall be construed to require a Party to disclose information relating to the affairs and accounts of individual customers or any confidential or proprietary information in the possession of public entities.
1. Without prejudice to any provision to the contrary contained in the Multilateral Agreement on the Establishment of a European Common Aviation Area ( 4 ) (hereinafter referred to as ‘ECAA’), the provisions of this Chapter shall not apply to air transport services, inland waterways transport services and maritime cabotage services. 2. The Stabilisation and Association Council may make recommendations for improving establishment and operations in the areas covered by paragraph 1.
1. The provisions of Articles 53 and 54 do not preclude the application by a Party of particular rules concerning the establishment and operation in its territory of branches of companies of another Party not incorporated in the territory of the first Party, which are justified by legal or technical differences between such branches as compared to branches of companies incorporated in its territory or, as regards financial services, for prudential reasons. 2. The difference in treatment shall not go beyond what is strictly necessary as a result of such legal or technical differences or, as regards financial services, for prudential reasons.
In order to make it easier for Community nationals and nationals from Montenegro to take up and pursue regulated professional activities in Montenegro and in the Community respectively, the Stabilisation and Association Council shall examine which steps are necessary for the mutual recognition of qualifications. It may take all necessary measures to that end.
1. A Community company established in the territory of Montenegro or a Montenegrin company established in the Community shall be entitled to employ, or have employed by one of its subsidiaries or branches, in accordance with the legislation in force in the host territory of establishment, in the territory of the Republic of Montenegro and the Community respectively, employees who are nationals of the Member States or nationals from Montenegro respectively, provided that such employees are key personnel as defined in paragraph 2 and that they are employed exclusively by companies, subsidiaries or branches. The residence and work permits of such employees shall only cover the period of such employment. 2. Key personnel of the abovementioned companies herein referred to as ‘organisations’ are ‘intra-corporate transferees’ as defined in (c) of this paragraph in the following categories, provided that the organisation is a legal person and that the persons concerned have been employed by it or have been partners in it (other than as majority shareholders), for at least the year immediately preceding such movement: (a) Persons working in a senior position with an organisation, who primarily direct the management of the establishment, receiving general supervision or direction principally from the board of directors or stockholders of the business or their equivalent including: (i) directing the establishment of a department or sub-division of the establishment; (ii) supervising and controlling the work of other supervisory, professional or managerial employees; (iii) having the authority personally to recruit and dismiss or recommend recruiting, dismissing or other personnel actions; (b) Persons working within an organisation who possess uncommon knowledge essential to the establishment’s service, research equipment, techniques or management. The assessment of such knowledge may reflect, apart from knowledge specific to the establishment, a high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of an accredited profession; (c) An ‘intra-corporate transferee’ is defined as a natural person working within an organisation in the territory of a Party, and being temporarily transferred in the context of pursuit of economic activities in the territory of the other Party; the organisation concerned must have its principal place of business in the territory of a Party and the transfer be to an establishment (branch, subsidiary) of that organisation, effectively pursuing like economic activities in the territory of the other Party. 3. The entry into and the temporary presence within the territory of the Community or in Montenegro of Montenegrin nationals and Community nationals respectively shall be permitted, when these representatives of companies are persons working in a senior position, as defined in paragraph 2(a) above, within a company, and are responsible for the setting up of a Community subsidiary or branch of a Montenegrin company or of a Montenegrin subsidiary or branch of a Community company in a Member State or in the Republic of Montenegro respectively, when: (a) those representatives are not engaged in making direct sales or supplying services, and do not receive remuneration from a source located within the host territory of establishment, and; (b) the company has its principal place of business outside the Community or Montenegro, respectively, and has no other representative, office, branch or subsidiary in that Member State or in Montenegro respectively.
1. The Community and Montenegro undertake, in accordance with the following provisions, to take the necessary steps to allow progressively the supply of services by Community companies, Montenegrin companies or by Community nationals or nationals of Montenegro which are established in the territory of a Party other than that of the person for whom the services are intended. 2. In step with the liberalisation process mentioned in paragraph 1, the Parties shall permit the temporary movement of natural persons providing the service or who are employed by the service provider as key personnel as defined in Article 58, including natural persons who are representatives of a Community or Montenegrin company or national and are seeking temporary entry for the purpose of negotiating for the sale of services or entering into agreements to sell services for that service provider, where those representatives will not be engaged in making direct sales to the general public or in supplying services themselves. 3. After four years, the Stabilisation and Association Council shall take the measures necessary to progressively implement the provisions of paragraph 1. Account shall be taken of the progress achieved by the Parties in the approximation of their laws.
1. The Parties shall not take any measures or actions which render the conditions for the supply of services by Community and Montenegro nationals or companies which are established in a Party other than that of the person for whom the services are intended significantly more restrictive as compared to the situation existing on the day preceding the day of entry into force of this Agreement. 2. If one Party is of the view that measures introduced by the other Party since the entry into force of this Agreement result in a situation which is significantly more restrictive in respect of supply of services as compared with the situation existing at the date of entry into force of this Agreement, such first Party may request the other Party to enter into consultations.
With regard to supply of transport services between the Community and Montenegro, the following provisions shall apply: 1) With regard to land transport, Protocol 4 lays down the rules applicable to the relationship between the Parties in order to ensure, particularly, unrestricted road transit traffic across Montenegro and the Community as a whole, the effective application of the principle of non-discrimination and progressive harmonisation of the transport legislation of Montenegro with that of the Community. 2) With regard to international maritime transport, the Parties undertake to apply effectively the principle of unrestricted access to the international maritime markets and trades on a commercial basis, and to respect international and European obligations in the field of safety, security and environmental standards. The Parties affirm their commitment to a freely competitive environment as an essential feature of international maritime transport. 3) In applying the principles of paragraph 2, the Parties shall: (a) not introduce cargo-sharing clauses in future bilateral Agreements with third countries; (b) abolish, upon the entry into force of this Agreement, all unilateral measures and administrative, technical and other obstacles that could have restrictive or discriminatory effects on the free supply of services in international maritime transport; (c) Each Party shall grant, inter alia , no less favourable treatment for the ships operated by nationals or companies of the other Party than that accorded to a Party's own ships with regard to access to ports open to international trade, the use of infrastructure and auxiliary maritime services of the ports, as well as related fees and charges, customs facilities and the assignment of berths and facilities for loading and unloading. 4) With a view to ensuring a coordinated development and progressive liberalisation of transport between the Parties adapted to their reciprocal commercial needs, the conditions of mutual market access in air transport shall be dealt with by the ECAA. 5) Prior to the conclusion of the ECAA, the Parties shall not take any measures or actions which are more restrictive or discriminatory as compared with the situation existing prior to the entry into force of this Agreement. 6) Montenegro shall adapt its legislation, including administrative, technical and other rules, to that of the Community existing at any time in the field of air, maritime, inland waterway and land transport insofar as it serves liberalisation purposes and mutual access to markets of the Parties and facilitates the movement of passengers and of goods. 7) In step with the common progress in the achievement of the objectives of this Chapter, the Stabilisation and Association Council shall examine ways of creating the conditions necessary for improving freedom to provide air, land and inland waterway transport services.
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. With regard to transactions on the capital and financial account of balance of payments, from the entry into force of this Agreement, the Parties shall ensure the free movement of capital relating to direct investments made in companies formed in accordance with the laws of the host country and investments made in accordance with the provisions of Chapter II of Title V, and the liquidation or repatriation of these investments and of any profit stemming there from. 2. With regard to transactions on the capital and financial account of balance of payments, from the entry into force of this Agreement, the Parties shall ensure the free movement of capital relating to credits related to commercial transactions or to the provision of services in which a resident of one of the Parties is participating, and to financial loans and credits, with maturity longer than a year. 3. Montenegro shall, from the entry into force of this Agreement, grant national treatment to EU nationals acquiring real estate on its territory. 4. The Community and Montenegro shall also ensure, from the entry into force of this Agreement, free movement of capital relating to portfolio investment and financial loans and credits with maturity shorter than a year. 5. Without prejudice to paragraph 1, the Parties shall not introduce any new restrictions on the movement of capital and current payments between residents of the Community and Montenegro and shall not make the existing arrangements more restrictive. 6. Without prejudice to the provisions of Article 62 and of this Article, where, in exceptional circumstances, movements of capital between the Community and Montenegro cause, or threaten to cause, serious difficulties for the operation of exchange rate policy or monetary policy in the Community or Montenegro, the Community and Montenegro, respectively, may take safeguard measures with regard to movements of capital between the Community and Montenegro for a period not exceeding six months if such measures are strictly necessary. 7. Nothing in the above provisions shall be taken to limit the rights of economic operators of the Parties from benefiting from any more favourable treatment that may be provided for in any existing bilateral or multilateral Agreement involving Parties to this Agreement. 8. The Parties shall consult each other with a view to facilitating the movement of capital between the Community and Montenegro in order to promote the objectives of this Agreement.
1. During the first year following the date of entry into force of this Agreement, the Community and Montenegro shall take measures permitting the creation of the necessary conditions for the further gradual application of Community rules on the free movement of capital. 2. By the end of the second year following the date of entry into force of this Agreement, the Stabilisation and Association Council shall determine the modalities for full application of Community rules on the movement of capital in Montenegro.
1. The provisions of this Title shall be applied subject to limitations justified on grounds of public policy, public security or public health. 2. They shall not apply to activities that in the territory of any of the Parties are connected, even occasionally, with the exercise of official authority.
For the purpose of this Title, nothing in this Agreement shall prevent the Parties from applying their laws and regulations regarding entry and stay, employment, working conditions, establishment of natural persons and supply of services, notably insofar as the granting, renewal or refusal of a residence permit is concerned, provided that, in so doing, they do not apply them in such a manner as to nullify or impair the benefits accruing to any Party under the terms of a specific provision of this Agreement. This provision shall be without prejudice to the application of Article 65.
Companies which are controlled and exclusively owned jointly by Montenegrin companies or nationals of Montenegro and Community companies or nationals shall also be covered by the provisions of this Title.
1. The Most-Favoured-Nation treatment granted in accordance with the provisions of this Title shall not apply to the tax advantages that the Parties are providing or will provide in the future on the basis of Agreements designed to avoid double taxation or other tax arrangements. 2. None of the provisions of this Title shall be construed to prevent the adoption or enforcement by the Parties of any measure aimed at preventing the avoidance or evasion of taxes pursuant to the tax provisions of Agreements to avoid double taxation and other tax arrangements or domestic fiscal legislation. 3. None of the provisions of this Title shall be construed to prevent Member States or Montenegro from applying the relevant provisions of their fiscal legislation, from distinguishing between taxpayers who are not in identical situations, in particular as regards their place of residence.
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 and Montenegro 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 and Montenegro 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 Title shall be progressively adjusted, notably in the light of requirements arising from Article V of the GATS.
The provisions of this Agreement shall not prejudice the application by any 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.
1. The Parties recognise the importance of the approximation of the existing legislation in Montenegro to that of the Community and of its effective implementation. Montenegro shall endeavour to ensure that its existing laws and future legislation will be gradually made compatible with the Community acquis . Montenegro shall ensure that existing and future legislation will be properly implemented and enforced. 2. This approximation shall start on the date of signing of this Agreement, and shall gradually extend to all the elements of the Community acquis referred to in this Agreement by the end of the transitional period defined in Article 8 of this Agreement. 3. Approximation will, at an early stage, focus on fundamental elements of the Internal Market acquis , including financial sector legislation, Justice, Freedom and Security as well as on trade-related areas. At a further stage, Montenegro shall focus of the remaining parts of the acquis . Approximation shall be carried out on the basis of a programme to be agreed between the European Commission and Montenegro. 4. Montenegro shall also define, in agreement with the European Commission, the modalities for the monitoring of the implementation of approximation of legislation and law enforcement actions to be taken.
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 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 5 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 IV: (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 Stabilisation and Association Council 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 VII, 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 the 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 to above, to the multilateral conventions on intellectual, industrial and commercial property rights referred to in Annex VII. The Stabilisation and Association Council 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 Stabilisation and Association Council, 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 under the provisions of Chapter II of Title V shall, from the 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 Stabilisation and Association Council 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 Stabilisation and Association Council 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. 6. As regards establishment, operations, supply of services between the Community and Montenegro, and also employment and movement of labour linked to the fulfilment of public contracts, the provisions of Articles 49 to 64 are applicable.
Standardisation, metrology, accreditation and conformity assessment
1. Montenegro shall take the necessary measures in order to gradually achieve conformity with Community technical regulations and European standardisation, metrology, accreditation and conformity assessment procedures. 2. To this end, the Parties shall seek to: (a) promote the use of Community technical regulations, European standards and conformity assessment procedures; (b) provide assistance to fostering the development of quality infrastructure: standardisation, metrology, accreditation and conformity assessment; (c) promote the participation of Montenegro in the work of organisations related to standards, conformity assessment, metrology and similar functions (e.g. CEN, CENELEC, ETSI, EA, WELMEC, EUROMET) ( 5 ) . (d) Where appropriate, conclude an Agreement on Conformity Assessment and Acceptance of Industrial Products once the legislative framework and the procedures of Montenegro is sufficiently aligned on that of the Community and appropriate expertise is available.
Consumer protection
The Parties shall cooperate in order to align the standards of consumer protection in Montenegro to those of the Community. Effective consumer protection is necessary in order to ensure the proper functioning of the market economy, and this protection will depend on the development of an administrative infrastructure in order to ensure market surveillance and law enforcement in this field. To that end, and in view of their common interests, the Parties shall ensure: (a) a policy of active consumer protection, in accordance with Community law, including the increase of information and development of independent organisations; (b) the harmonisation of legislation of consumer protection in Montenegro on that in force in the Community; (c) effective legal protection for consumers in order to improve the quality of consumer goods and maintain appropriate safety standards; (d) monitoring of rules by competent authorities and providing access to justice in case of disputes; (e) exchange information on dangerous products.
Working conditions and equal opportunities
Montenegro shall progressively harmonise its legislation to that of the Community in the fields of working conditions, notably on health and safety at work, and equal opportunities.
Reinforcement of institutions and rule of law
In their cooperation on justice, freedom and security, the Parties shall attach particular importance to the consolidation of the rule of law, and the reinforcement of institutions at all levels in the areas of administration in general and law enforcement and the administration of justice in particular. Cooperation shall notably aim at strengthening the independence of the judiciary and improving its efficiency, improving the functioning of the police and other law enforcement bodies, providing adequate training and fighting corruption and organised crime.
Protection of personal data
Montenegro shall harmonise its legislation concerning personal data protection with Community law and other European and international legislation on privacy upon the entry into force of this Agreement. Montenegro shall establish one or more independent supervisory bodies with sufficient financial and human resources in order to efficiently monitor and guarantee the enforcement of national personal data protection legislation. The Parties shall cooperate to achieve this goal.
Visa, border management, asylum and migration
The Parties shall cooperate in the areas of visa, border control, asylum and migration and shall set up a framework for the cooperation, including at a regional level, in these fields, taking into account and making full use of other existing initiatives in this area as appropriate. Cooperation in the matters above shall be based on mutual consultations and close coordination between the Parties and should include technical and administrative assistance for: (a) the exchange of information on legislation and practices; (b) the drafting of legislation; (c) enhancing the efficiency of the institutions; (d) the training of staff; (e) the security of travel documents and detection of false documents; (f) border management. Cooperation shall focus in particular: (a) on the area of asylum on the implementation of national legislation to meet the standards of the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol relating to the Status of Refugees done at New York on 31 January 1967 thereby to ensure that the principle of ‘non-refoulement’ is respected as well as other rights of asylum seekers and refugees; (b) on the field of legal migration, on admission rules and rights and status of the person admitted. In relation to migration, the Parties agree to the fair treatment of nationals of other countries who reside legally on their territories and to promote an integration policy aiming at making their rights and obligations comparable to those of their citizens.
Prevention and control of illegal immigration; readmission
1. The Parties shall cooperate in order to prevent and control illegal immigration. To this end, Montenegro and the Member States shall readmit any of their nationals illegally present on their territories and the Parties also agree to conclude and fully implement an Agreement for readmission, including an obligation for the readmission of nationals of other countries and stateless persons. The Member States and Montenegro shall provide their nationals with appropriate identity documents and shall extend to them the administrative facilities necessary for such purposes. Specific procedures for the purpose of readmission of nationals, third country nationals and stateless persons shall be laid down in the Agreement between the Community and Montenegro on the readmission of persons residing without authorisation. 2. Montenegro agrees to conclude readmission Agreements with the Stabilisation and Association process countries. 3. Montenegro undertakes to take any necessary measures to ensure the flexible and rapid implementation of all readmission Agreements referred to in this Article. 4. The Stabilisation and Association Council shall establish other joint efforts that can be made to prevent and control illegal immigration, including trafficking and illegal migration networks.
Money laundering and financing of terrorism
1. The Parties shall cooperate in order to prevent the use of their financial systems for laundering of proceeds from criminal activities in general and drug offences in particular, as well as for the purpose of financing terrorism. 2. Cooperation in this area may include administrative and technical assistance with the purpose of developing the implementation of regulations and efficient functioning of the suitable standards and mechanisms to combat money laundering and financing of terrorism equivalent to those adopted by the Community and international fora in this field, in particular the Financial Action Task Force (FATF).
Cooperation on illicit drugs
1. Within their respective powers and competencies, the Parties shall cooperate to ensure a balanced and integrated approach towards drug issues. Drug policies and actions shall be aimed at reinforcing structures for combating illicit drugs, reducing the supply of, trafficking in and the demand for illicit drugs, coping with the health and social consequences of drug abuse as well as at a more effective control of precursors. 2. The Parties shall agree on the necessary methods of cooperation to attain these objectives. Actions shall be based on commonly agreed principles along the lines of the EU Drug Control Strategy.
Preventing and combating organised crime and other illegal activities
The Parties shall cooperate on combating and preventing criminal and illegal activities, organised or otherwise, such as: (a) smuggling and trafficking in human beings; (b) illegal economic activities, and in particular counterfeiting of cash and non-cash means of payments, illegal transactions on products such as industrial waste, radioactive material and transactions involving illegal, counterfeit or pirated products; (c) corruption, both in the private and public sector, in particular linked to non-transparent administrative practices; (d) fiscal fraud; (e) identity theft; (f) illicit trafficking in drugs and psychotropic substances; (g) illicit arms trafficking; (h) forging documents; (i) smuggling and illicit trafficking of goods including cars; (j) cyber crime. As regards currency counterfeiting, Montenegro shall cooperate closely with the Community to combat counterfeiting of banknotes and coins and to suppress and punish any counterfeiting of banknotes and coins, which may occur in the territory. At the level of prevention, Montenegro shall aim at implementing measures which are equivalent to those laid down in the relevant Community legislation, and to adhere to any international convention related to this field of law. Montenegro could benefit from Community support, for exchange, assistance and training in the protection against currency counterfeiting. Regional cooperation and compliance with recognised international standards in combating organised crime shall be promoted.
Combating terrorism
In compliance with the international conventions to which they are Party and their respective laws and regulations, the Parties agree to cooperate in order to prevent and suppress acts of terrorism and their financing: (a) in the framework of full implementation of United Nations Security Council Resolution 1373 (2001) and other relevant UN resolutions, international conventions and instruments; (b) by exchanging information on terrorist groups and their support networks in accordance with international and national law; (c) by exchanging experiences with regard to means and methods of combating terrorism and in technical areas and training, and by exchanging experience in respect of the prevention of terrorism.
1. The Community and Montenegro shall establish a close cooperation aimed at contributing to the development and growth potential of Montenegro. Such cooperation shall strengthen existing economic links on the widest possible foundation, to the benefit of both Parties. 2. Policies and other measures shall be designed to bring about sustainable economic and social development of Montenegro. These policies should ensure that environmental considerations are also fully incorporated from the outset and that they are linked to the requirements of harmonious social development. 3. Cooperation policies shall be integrated into a regional framework of cooperation. Special attention will have to be devoted to measures that can foster cooperation between Montenegro and its neighbouring countries including Member States, thus contributing to regional stability. The Stabilisation and Association Council shall define priorities between and within the cooperation policies described hereinafter in line with the European Partnership.
Economic and trade policy
The Community and Montenegro shall facilitate the process of economic reform by cooperating to improve understanding of the fundamentals of their respective economies and the formulation and implementation of economic policy in market economies. To these ends, the Community and Montenegro shall cooperate to: (a) exchange information on macroeconomic performance and prospects and on strategies for development; (b) analyse jointly economic issues of mutual interest, including the framing of economic policy and the instruments for implementing it; and (c) promote wider cooperation with the aim to speed up the inflow of know-how and access to new technologies. Montenegro shall strive to establish a functioning market economy and to gradually approximate its policies to the stability-oriented policies of the European Economic and Monetary Union. At the request of the authorities of Montenegro, the Community may provide assistance designed to support the efforts of Montenegro in this respect. Cooperation shall also aim at strengthening the rule of law in the business area through a stable and non-discriminatory trade-related legal framework. Cooperation in this area shall include exchange of information concerning the principles and functioning of the European Economic and Monetary Union.
Statistical cooperation
Cooperation between the Parties shall primarily focus on priority areas related to the Community acquis in the field of statistics, including in the economic, trade, monetary and financial areas. It shall notably be aimed at developing efficient and sustainable statistical systems capable of providing, reliable, objective and accurate data needed to plan and monitor the process of transition and reform in Montenegro. It should also enable the Statistical Office in Montenegro to better meet the needs of its customers in the country (both public administration and private sector). The statistical system should respect the fundamental principles of statistics issued by the UN, the European Statistical Code of Practice and the stipulations of the European Statistical law and develop towards the Community acquis . The Parties shall cooperate in particular to ensure the confidentiality of individual data, to progressively increase data collection and transmission to the European Statistical System and, to exchange of information on methods, transfer of know-how and training.
Banking, insurance and other financial services
Cooperation between Montenegro and the Community shall focus on priority areas related to the Community acquis in the fields of banking, insurance and financial services. The Parties shall cooperate with the aim of establishing and developing a suitable framework for the encouragement of the banking, insurance and financial services sectors in Montenegro based on fair competition practices and ensuring the necessary level playing field.
Internal control and external audit cooperation
Cooperation between the Parties shall focus on priority areas related to the Community acquis in the fields of public internal financial control (PIFC) and external audit. The Parties shall, in particular, cooperate - through elaborating and adopting relevant regulation - with the aim of developing transparent, efficient and economic PIFC (including financial management and control and functionally independent internal audit) and independent external audit systems in Montenegro, in accordance with internationally accepted standards and methodologies and EU best practices. Cooperation shall also focus on capacity building of the Supreme Audit institution in Montenegro. In order to be able to fulfil the coordination and harmonisation responsibilities stemming from the requirements above, cooperation should also focus on the establishment and strengthening of central harmonisation units for financial management and control and for Internal Audit.
Investment Promotion and Protection
Cooperation between the Parties, within the scope of their respective competencies, in the field of investment promotion and protection shall aim to bring about a favourable climate for private investment, both domestic and foreign, which is essential to economic and industrial revitalisation in Montenegro. The particular aims of cooperation shall be for Montenegro to improve the legal frameworks which favours and protects investment.
Industrial Cooperation
Cooperation shall aim to promote the modernisation and restructuring of industry and individual sectors in Montenegro. It shall also cover industrial cooperation between economic operators, with the objective of strengthening the private sector under conditions which ensure that the environment is protected. Industrial cooperation initiatives shall reflect the priorities determined by both Parties. They shall take into account the regional aspects of industrial development, promoting trans-national partnerships when relevant. The initiatives should seek in particular to establish a suitable framework for undertakings, to improve management, know-how and to promote markets, market transparency and the business environment. Special attention shall be devoted to the establishment of efficient export promotion activities in Montenegro. Cooperation shall take due account of the Community acquis in the field of industrial policy.
Small and medium-sized enterprises
Cooperation between the Parties shall be aimed at developing and strengthening private sector small and medium-sized enterprises (SMEs), the establishment of new undertakings in areas offering potential for growth and cooperation between SMEs in the Community and in Montenegro. Cooperation shall take due account of priority areas related to the Community acquis in the field of SMEs, as well as the ten guidelines enshrined in the European Charter for Small Enterprises.
Tourism
Cooperation between the Parties in the field of tourism shall be mainly aimed at strengthening the flow of information on tourism (through international networks, databanks, etc.); encouraging the development of infrastructure conducive to investment in the tourism sector, participation of Montenegro in important European tourism organisations. It shall also aim at studying the opportunities for joint operations and strengthening cooperation between tourism enterprises, experts and governments and their competent agencies in the field of tourism, as well as transferring know-how (through training, exchanges, seminars). Cooperation shall take due account of Community acquis related to this sector. Cooperation may be integrated into a regional framework of cooperation.
Agriculture, and the agro-industrial sector
Cooperation between the Parties shall be developed in all priority areas related to the Community acquis in the field of agriculture, as well as veterinary and phytosanitary domains. Cooperation shall notably aim at modernising and restructuring the agriculture and agro-industrial sector, in particular to reach community sanitary requirements, to improve water management and rural development as well as to develop the forestry sector in Montenegro and at supporting the gradual approximation of Montenegrin legislation and practices to the Community rules and standards.
Fisheries
The Parties shall explore the possibility of identifying mutually beneficial areas of common interest in the fisheries sector. Cooperation shall take due account of priority areas related to the Community acquis in the field of fisheries, including the respect of international obligations concerning International and Regional Fisheries Organisation rules of management and conservation of fishery resources.
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 6.
Taxation
The Parties shall establish cooperation in the field of taxation including measures aiming at the further reform of Montenegro's fiscal system and the restructuring of tax administration with a view to ensuring effectiveness of tax collection and the fight against fiscal fraud. Cooperation shall take due account of priority areas related to the Community acquis in the field of taxation and in the fight against harmful tax competition. Elimination of harmful tax competition should be carried out on the basis of the principles of the Code of Conduct for business taxation agreed by the Council on 1 December 1997. Cooperation shall also be geared to enhancing transparency and fighting corruption, and to include exchange of information with the Member States in an effort to facilitate the enforcement of measures preventing tax fraud, evasion and avoidance. Montenegro shall also complete the network of bilateral Agreements with Member States, along the lines of the latest update of the OECD Model Tax Convention on Income and on Capital as well as on the basis of the OECD Model Agreement on Exchange of Information in Tax Matters, to the extent that the requesting Member State subscribes to these.
ANNEX I.A
ANNEX I ANNEX I.A MONTENEGRIN TARIFF CONCESSIONS FOR COMMUNITY INDUSTRIAL PRODUCTS (referred to in 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, super sulphate 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 propellent 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, wafer board) 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 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 85 % 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 70 % 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 55 % of the basic duty; (d) 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; (e) 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; (f) 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 non-wovens, 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 heading 6103 : 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 Bed linen, table linen, toilet linen and kitchen linen: – Other bed linen, printed: 6302 21 00 – – Of cotton – Other bed linen: 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 size 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 3mm 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 26 paragraph 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 21 31 91 – Not yet having any permanent teeth, of a weight of 320 kg or more but not exceeding 470 kg ( 1 ) – – – – 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 91 – Bulls and steers not yet having permanent teeth, of a weight of 350 kg or more but not exceeding 500 kg ( 1 ) 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 PRODUCTS REFERRED TO IN ARTICLE 29(2) OF THIS AGREEMENT
ANNEX IV COMMUNITY CONCESSIONS FOR MONTENEGRIN FISHERY PRODUCTS PRODUCTS REFERRED TO IN ARTICLE 29(2) OF THIS AGREEMENT Imports into the Community of the following products originating in Montenegro shall be subject to the concessions set out below: CN code TARIC Sub-division 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 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 0303 79 11 ex 0304 19 19 20 ex 0304 19 91 20 ex 0304 29 19 20 ex 0304 99 21 16 ex 0305 10 00 20 ex 0305 30 90 60 ex 0305 49 80 30 ex 0305 59 80 63 ex 0305 69 80 63 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 0304 19 39 80 ex 0304 19 99 77 ex 0304 29 99 50 ex 0304 99 99 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 0304 19 39 85 ex 0304 19 99 79 ex 0304 29 99 60 ex 0304 99 99 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 1604 13 19 ex 1604 20 50 10, 19 Prepared or preserved sardines TQ: 200 t at 6 % Over the TQ: full MFN duty ( 1 ) 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 PRODUCTS REFERRED TO IN ARTICLE 30(2) OF THIS AGREEMENT
ANNEX V MONTENEGRIN CONCESSIONS FOR COMMUNITY FISHERY PRODUCTS PRODUCTS REFERRED TO IN ARTICLE 30(2) OF THIS AGREEMENT 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 0304 19 39 ex 0304 19 99 ex 0304 29 99 ex 0304 99 99 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 0304 19 39 ex 0304 19 99 ex 0304 29 99 ex 0304 99 99 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
ESTABLISHMENT: FINANCIAL SERVICES
ANNEX VI ESTABLISHMENT: FINANCIAL SERVICES (Referred to in Title V, Chapter II of this Agreement) FINANCIAL SERVICES: DEFINITIONS A financial service is any service of a financial nature offered by a financial service provider of a Party. Financial services include the following activities: A. All Insurance and insurance-related services: 1. direct insurance (including co-insurance): (a) life; (b) non-life; 2. reinsurance and retrocession; 3. insurance intermediation, such as brokerage and agency; 4. services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services. B. Banking and other financial services (excluding insurance): 1. acceptance of deposits and other repayable funds from the public; 2. lending of all types, including, inter alia , consumer-credit, mortgage credit, factoring and financing of commercial transaction; 3. financial leasing; 4. all payment and money transmission services, including credit, charge and debit cards, travellers cheques and bankers draft; 5. guarantees and commitments; 6. trading for own account or for account of customers, whether on an exchange, in an over the counter market or otherwise, the following: (a) money market instruments (cheques, bills, certificates of deposits, etc.); (b) foreign exchange; (c) derivative products including, but not limited to, futures and options; (d) exchange rates and interest rate instruments, including products such as swaps, forward rate agreements, etc.; (e) transferable securities; (f) other negotiable instruments and financial assets, including bullion. 7. participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues; 8. money broking; 9. asset management, such as cash or portfolio management, all forms of collective investment management, pension-fund management, custodial, depository and trust services; 10. settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments; 11. provision and transfer of financial information, and processing of financial data and related software by providers of other financial services; 12. advisory, intermediation and other auxiliary financial services on all the activities listed in points 1 to 11 above, including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy. The following activities are excluded from the definition of financial services: (a) activities carried out by central banks or by any other public institution in pursuit of monetary and exchange rate policies; (b) activities conducted by central banks, government agencies or departments, or public institutions, for the account or with the guarantee of the government, except when those activities may be carried out by financial service providers in competition with such public entities; (c) activities forming part of a statutory system of social security or public retirement plans, except when those activities may be carried by financial service providers in competition with public entities or private institutions.
INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY RIGHTS
ANNEX VII INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY RIGHTS (referred to in Article 75 of this Agreement) Article 75(4) of this Agreement 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 Organization (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 Organizations (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.
Social cooperation
With regard to employment, cooperation between the Parties shall focus notably on upgrading job-finding and careers advice services, providing back-up measures and promoting local development to assist industrial and labour market restructuring. It shall also include measures such as studies, the secondment of experts and information and training operations. The Parties shall cooperate to facilitate the reform of the employment policy in Montenegro, in the context of strengthened economic reform and integration. Cooperation shall also seek to support the adaptation of the Montenegrin social security system to the new economic and social requirements, and shall involve the adjustment of the legislation in Montenegro concerning working conditions and equal opportunities for women and men, for people with disabilities and for people belonging to minority groups as well as the improvement of the level of protection of the health and safety of workers, taking as a reference the level of protection existing in the Community. Montenegro shall ensure adherence and effective implementation of ILO fundamental conventions. Cooperation shall take due account of priority areas related to the Community acquis in this field.
Education and training
The Parties shall cooperate with the aim of raising the level of general education and vocational education and training in Montenegro as well as youth policy and youth work, including non-formal education. A priority for higher education systems shall be the achievement of the objectives of the Bologna Declaration in the intergovernmental Bologna process. The Parties shall also cooperate with the aim of ensuring that access to all levels of education and training in Montenegro is free of discrimination on the grounds of gender, colour, ethnic origin or religion. The relevant Community programmes and instruments shall contribute to the upgrading of educational and training structures and activities in Montenegro. Cooperation shall take due account of priority areas related to the Community acquis in this field.
Cultural cooperation
The Parties undertake to promote cultural cooperation. This cooperation serves inter alia to raise mutual understanding and esteem between individuals, communities and peoples. The Parties also undertake to cooperate to promote cultural diversity, notably within the framework of the UNESCO Convention on the protection and the promotion of the diversity of cultural expressions.
Cooperation in the audio-visual field
The Parties shall cooperate to promote the audio-visual industry in Europe and encourage co-production in the fields of cinema and television. Cooperation could include inter alia programmes and facilities for the training of journalists and other media professionals, as well as technical assistance to the media, the public and private, so as to reinforce their independence, professionalism and links with European media. Montenegro shall align its policies on the regulation of content aspects of cross-border broadcasting with those of the EC and shall harmonise its legislation with the EU acquis . Montenegro shall pay particular attention to matters relating to the acquisition of intellectual property rights for programmes and broadcast by satellite, cable and terrestrial frequencies.
Information society
Cooperation shall be developed in all areas related to the Community acquis regarding the information society. It shall mainly support Montenegro's gradual alignment of policies and legislation in this sector with those of the Community. The Parties shall also cooperate with a view to further developing the Information Society in Montenegro. Global objectives will be preparing society as a whole for the digital age, attracting investments and ensuring the interoperability of networks and services.
Electronic communications networks and services
Cooperation shall primarily focus on priority areas related to the Community acquis in this field. The Parties shall, in particular, strengthen cooperation in the area of electronic communications networks and electronic communications services, with the ultimate objective of the adoption by Montenegro of the Community acquis in the sector three years after the entry into force of this Agreement.
Information and communication
The Community and Montenegro shall take the measures necessary to stimulate the mutual exchange of information. Priority shall be given to programmes aimed at providing the general public with basic information about the Community and professional circles in Montenegro with more specialised information.
Transport
Cooperation between the Parties shall focus on priority areas related to the Community acquis in the field of transport. Cooperation may notably aim at restructuring and modernising the Montenegrin transport modes, improving the free movement of passengers and goods, enhancing the access to the transport market and facilities, including ports and airports. Furthermore cooperation may support the development of multi-modal infrastructures in connection with the main Trans-European networks, notably to reinforce regional links in South East Europe in line with the MoU on the development of the Core Regional Transport Network. The objective of the cooperation should be to achieve operating standards comparable to those in the Community as well as to develop a transport system in Montenegro compatible and aligned with the Community system and improving protection of the environment in transport.
Energy
Cooperation shall focus on priority areas related to the Community acquis in the field of energy. It shall be based on the Energy Community Treaty, and it shall be developed with a view to the gradual integration of Montenegro into Europe's energy markets. Cooperation may include in particular: (a) the formulation and planning of energy policy, including modernisation of infrastructure, improvement and diversification of supply and improvement of access to the energy market, including facilitation of transit, transmission and distribution and restoration of electricity interconnections of regional importance with neighbouring countries; (b) the promotion of energy saving, energy efficiency, renewable energy and studying the environmental impact of energy production and consumption; (c) the formulation of framework conditions for restructuring of energy companies and cooperation between undertakings in this sector.
Nuclear Safety
The Parties shall cooperate in the field of nuclear safety and safeguards. Cooperation could cover the following topics: (a) upgrading the laws and regulations of the Parties on radiation protection, nuclear safety and nuclear materials accountancy and control as well as strengthening the supervisory authorities and their resources; (b) encouraging the promotion of Agreements between Member States, or European Atomic Energy Community and Montenegro on early notification and exchange of information in cases of nuclear accidents and on emergency preparedness and on nuclear safety issues in general, if appropriate; (c) nuclear third party liability.
Environment
The Parties shall develop and strengthen their cooperation in the environmental field with the vital task of halting further degradation and start improving the environmental situation with the aim of sustainable development. The parties shall, in particular, establish cooperation with the aim of strengthening administrative structures and procedures to ensure strategic planning of environment issues and coordination between relevant actors and shall focus on the alignment of Montenegro's legislation to the Community acquis. Cooperation could also centre on the development of strategies to significantly reduce local, regional and trans-boundary air and water pollution, to establish a framework for efficient, clean, sustainable and renewable production and consumption of energy, and to execute environmental impact assessment and strategic environmental assessment. Special attention shall be paid to the ratification and the implementation of the Kyoto Protocol.
Cooperation in research and technological development
The Parties shall encourage cooperation in civil scientific research and technological development (RTD) on the basis of mutual benefit and, taking into account the availability of resources, adequate access to their respective programmes, subject to appropriate levels of effective protection of intellectual, industrial and commercial property rights (IPR). Cooperation shall take due account of the priority areas related to the Community acquis in the field of research and technical development.
Regional and local development
The Parties shall seek to strengthen regional and local development cooperation, with the objective of contributing to economic development and reducing regional imbalances. Specific attention shall be given to cross-border, trans-national and interregional cooperation. Cooperation shall take due account of the priority areas related to the Community acquis in the field of regional development.
Public administration
Cooperation shall aim at ensuring the development of an efficient and accountable public administration in Montenegro, notably to support rule of law implementation, the proper functioning of the state institutions for the benefit of the entire population of Montenegro as a whole and the smooth development of the relations between the EU and Montenegro. Cooperation in this area shall mainly focus on institution building, including the development and implementation of transparent and impartial recruitment procedures, human resources management, and career development for the public service, continued training and the promotion of ethics within the public administration. Cooperation shall cover all levels of public administration, including local administration.
In order to achieve the objectives of this Agreement and in accordance with Articles 5, 116 and 118, Montenegro may receive financial assistance from the Community in the forms of grants and loans, including loans from the European Investment Bank. Community aid is conditional on further progress in satisfying the Copenhagen political criteria and in particular progress in meeting the specific priorities of the European Partnership. Account shall also be taken of the results of the annual reviews of the countries of the Stabilisation and Association process, in particular as regards the recipients’ undertaking to carry out democratic, economic and institutional reforms and of other Council conclusions, pertaining in particular to the respect of adjustment programmes. Aid granted to Montenegro shall be geared to observed needs, agreed priorities, the capacity to absorb and repay, and the measures taken to reform and restructure the economy.
Financial assistance, in the form of grants, shall be covered by the operation measures provided for in the relevant Council Regulation within a multiannual indicative framework and based on annual action programmes, established by the Community following consultations with Montenegro. Financial assistance may cover all sectors of cooperation, paying particular attention to Justice, Freedom and Security, approximation of legislation, economic development and environmental protection.
At the request of Montenegro and in case of special need, the Community could examine in coordination with international financial institutions, the possibility of granting on an exceptional basis macro-financial assistance subject to certain conditions and taking into account the availability of all financial resources. This assistance would be released subject to the fulfilment of conditions to be established in the context of a programme agreed between Montenegro and the International Monetary Fund.
In order to permit optimum use of the resources available, the Parties shall ensure that Community contributions are made in close coordination with those from other sources such as the Member States, other countries and international financial institutions. To this effect, information on all sources of assistance shall be exchanged regularly between the Parties.
A Stabilisation and Association Council 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 Stabilisation and Association Council 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 Stabilisation and Association Council shall establish its rules of procedure. 3. The members of the Stabilisation and Association Council may arrange to be represented, in accordance with the conditions to be laid down in its rules of procedure. 4. The Stabilisation and Association Council shall be chaired in turn by a representative of the Community and a representative of 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 Stabilisation and Association Council.
The Stabilisation and Association Council shall, for the purpose of attaining the objectives of this Agreement, have the power to take decisions within the scope of this Agreement in the cases provided for therein. The decisions taken shall be binding on the Parties, which shall take the measures necessary to implement the decisions taken. The Stabilisation and Association Council may also make appropriate recommendations. It shall draw up its decisions and recommendations by agreement between the Parties.
1. The Stabilisation and Association Council shall be assisted in the performance of its duties by a Stabilisation and Association Committee, composed of representatives of the Council of the European Union and of representatives of the European Commission, on the one hand, and of representatives of the Government of Montenegro on the other. 2. In its rules of procedure the Stabilisation and Association Council shall determine the duties of the Stabilisation and Association Committee, which shall include the preparation of meetings of the Stabilisation and Association Council, and shall determine how the Committee shall function. 3. The Stabilisation and Association Council may delegate to the Stabilisation and Association Committee any of its powers. In this event the Stabilisation and Association Committee shall take its decisions in accordance with the conditions laid down in Article 121.
The Stabilisation and Association Committee may create subcommittees. Before the end of the first year after the date of entry into force of this Agreement, the Stabilisation and Association Committee shall set up the necessary sub-committees for the adequate implementation of this Agreement. A sub-committee that will address migration issues shall be created.
The Stabilisation and Association Council may decide to set up other special committees or bodies that can assist it in carrying out its duties. In its rules of procedure, the Stabilisation and Association Council shall determine the composition and duties of such committees or bodies and how they shall function.
A Stabilisation and Association Parliamentary Committee is hereby established. It shall be a forum for Members of the Parliament of Montenegro and of the European Parliament to meet and exchange views. It shall meet at intervals that it shall itself determine. The Stabilisation and Association Parliamentary Committee shall consist of members of the European Parliament and of members of the Parliament of Montenegro. The Stabilisation and Association Parliamentary Committee shall establish its rules of procedure. The Stabilisation and Association Parliamentary Committee shall be chaired in turn by a member of the European Parliament and by a member of the Parliament of Montenegro, in accordance with the provisions to be laid down in its rules of procedure.
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 Stabilisation and Association Council any dispute relating to the application or interpretation of this Agreement. In that case, Article 130 and, as the case may be, Protocol 7 shall apply. The Stabilisation and Association Council 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 Stabilisation and Association Council 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 Stabilisation and Association Council and shall be the subject of consultations if the other Party so requests within the Stabilisation and Association Council, the Stabilisation and Association Committee or any other body set up on the basis of Articles 123 or 124. 5. The provisions of paragraphs 2, 3 and 4 shall in no way affect and are without prejudice to Articles 32, 40, 41, 42, 46 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 Stabilisation and Association Council 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 129, paragraph 4. 2. The Parties shall endeavour to resolve the dispute by entering into good faith consultations within the Stabilisation and Association Council 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 Stabilisation and Association Council 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 Stabilisation and Association Council, unless the arbitration procedure as provided for in Protocol 7 has been initiated. A dispute shall be deemed to be resolved when the Stabilisation and Association Council has taken a binding decision to settle the matter as provided for in Article 129, 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 Stabilisation and Association Committee or any other relevant committee or body set up on the basis of Articles 123 or 124, 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 7, 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.
The general principles for the participation of Montenegro in Community programmes are laid down in Protocol 8. Annexes I to VII and Protocols 1, 2, 3, 4, 5, 6, 7 and 8 shall form an integral part of this Agreement.
This Agreement is concluded for an unlimited period. 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, or its Member States, or the Community and its Member States, in accordance with their respective powers, 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 Treaties establishing the European Community and the European Atomic Energy Community are applied and under the conditions laid down in those Treaties, 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 the first paragraph have been completed.
Interim Agreement
In the event that, pending the completion of the procedures necessary for the entry into force of this Agreement, the provisions of certain parts of this Agreement, in particular those relating to the free movement of goods as well as the relevant provisions on Transport, are put into effect by means of Interim Agreements between the Community and Montenegro, the Parties agree that, in such circumstances for the purpose of the provisions of Title IV, Articles 73, 74 and 75 of this Agreement, Protocols 1, 2, 3, 5, 6 and 7, and relevant provisions of Protocol 4, hereto, the terms ‘date of entry into force of this Agreement’ mean the date of entry into force of the relevant Interim Agreement in relation to obligations contained in the abovementioned provisions.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.