29.4.2010 |
EN |
Official Journal of the European Union |
L 108/1 |
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
(2010/224/EU, Euratom)
THE COUNCIL OF THE EUROPEAN UNION AND THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218(6)(a) and (8) thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament,
Having regard to the approval of the Council granted pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,
Whereas:
(1) |
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, (hereinafter referred to as ‘the Agreement’), was signed on 15 October 2007, subject to its conclusion at a later date. |
(2) |
The commercial provisions contained in the Agreement are of an exceptional nature, connected with the policy implemented within the framework of the stabilisation and association process and will not constitute, for the European Union, a precedent in the commercial policy of the Union with regard to third countries other than those of the Western Balkans. |
(3) |
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. |
(4) |
The Agreement should be approved, |
HAVE ADOPTED THIS DECISION:
Article 1
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.
Article 2
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.” ’
Article 3
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.
Article 4
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.
Article 5
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 29 March 2010.
For the Council
The President
E. ESPINOSA
For the Commission
The President
O. REHN
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 KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
IRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
THE REPUBLIC OF HUNGARY,
MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
Contracting Parties to the Treaty establishing the European Community and the Treaty establishing the European Atomic Energy Community, and the Treaty on European Union, hereinafter referred to as ‘Member States’, and
THE EUROPEAN COMMUNITY and THE EUROPEAN ATOMIC ENERGY COMMUNITY,
hereinafter referred to as the ‘Community’,
of the one part, and
THE REPUBLIC OF MONTENEGRO, hereinafter referred to as ‘Montenegro’,
of the other part,
together referred to as ‘the Parties’,
CONSIDERING the strong links between the Parties and the values that they share, their desire to strengthen those links and establish a close and lasting relationship based on reciprocity and mutual interest, which should allow Montenegro to further strengthen and extend the relations with the Community and its Member States;
CONSIDERING the importance of this Agreement, in the framework of the Stabilisation and Association process (SAp) with the countries of south-eastern Europe, in the establishment and consolidation of a stable European order based on cooperation, of which the European Union is a mainstay, as well as in the framework of the Stability Pact;
CONSIDERING the European Union's readiness to integrate Montenegro to the fullest possible extent into the political and economic mainstream of Europe and its status as a potential candidate for EU membership on the basis of the Treaty on European Union (hereinafter referred to as ‘the EU Treaty’) and fulfilment of the criteria defined by the European Council in June 1993 as well as the SAp conditionalities, subject to the successful implementation of this Agreement, notably regarding regional cooperation;
CONSIDERING the European Partnership, which identifies priorities for action in order to support the country's efforts to move closer to the European Union;
CONSIDERING the commitment of the Parties to contribute by all means to the political, economic and institutional stabilisation in Montenegro as well as in the region, through the development of civil society and democratisation, institution building and public administration reform, regional trade integration and enhanced economic cooperation, as well as through cooperation in a wide range of areas, particularly in justice, freedom and security, and the strengthening of national and regional security;
CONSIDERING the commitment of the Parties to increasing political and economic freedoms as the very basis of this Agreement, as well as their commitment to respect human rights and the rule of law, including the rights of persons belonging to national minorities, and democratic principles through a multi-party system with free and fair elections;
CONSIDERING the commitment of the Parties to the full implementation of all principles and provisions of the UN Charter, of the OSCE, notably those of the Final Act of the Conference on Security and Cooperation in Europe (hereinafter referred to as ‘the Helsinki Final Act’), the concluding documents of the Madrid and Vienna Conferences, the Charter of Paris for a New Europe, and of the Stability Pact for south-eastern Europe, so as to contribute to regional stability and cooperation among the countries of the region;
REAFFIRMING the right of return for all refugees and internally displaced persons and to the protection of their property and other related human rights;
CONSIDERING the commitment of the Parties to the principles of free market economy and to sustainable development as well as the readiness of the Community to contribute to the economic reforms in Montenegro;
CONSIDERING the commitment of the Parties to free trade, in compliance with the rights and obligations arising out of the membership of the WTO;
CONSIDERING the wish of the Parties to further develop regular political dialogue on bilateral and international issues of mutual interest, including regional aspects, taking into account the Common Foreign and Security Policy (CFSP) of the European Union;
CONSIDERING the commitment of the Parties to combat organised crime and to strengthen cooperation in the fight against terrorism on the basis of the declaration issued by the European Conference on 20 October 2001;
CONVINCED that the Stabilisation and Association Agreement (hereinafter referred as ‘this Agreement’) will create a new climate for economic relations between them and, above all, for the development of trade and investment, factors crucial to economic restructuring and modernisation;
BEARING in mind the commitment by Montenegro to approximate its legislation in the relevant sectors to that of the Community, and to effectively implement it;
TAKING ACCOUNT of the Community's willingness to provide decisive support for the implementation of reform and to use all available instruments of cooperation and technical, financial and economic assistance on a comprehensive indicative multiannual basis to this endeavour;
CONFIRMING that the provisions of this Agreement that fall within the scope of Part III, Title IV of the Treaty establishing the European Community (hereinafter referred to as ‘the EC Treaty’) bind the United Kingdom and Ireland as separate Contracting Parties, and not as a part of the Community, until the United Kingdom or Ireland (as the case may be) notifies Montenegro that it has become bound as part of the Community in accordance with the Protocol on the position of the United Kingdom and Ireland annexed to the EU Treaty and the EC Treaty. The same applies to Denmark, in accordance with the Protocol annexed to those Treaties on the position of Denmark;
RECALLING the Zagreb Summit, which called for further consolidation of relations between the countries of the Stabilisation and Association process and the European Union as well as enhanced regional cooperation;
RECALLING that the Thessaloniki Summit reinforced the Stabilisation and Association process as the policy framework for the European Union's relations with the Western Balkan countries and underlined the prospect of their integration with the European Union on the basis of their individual reform progress and merit;
RECALLING the signature of the Central European Free Trade Agreement in Bucharest on 19 December 2006 as a means of enhancing the region's ability to attract investments and the prospects of its integration into the global economy;
DESIROUS of establishing closer cultural cooperation and developing exchanges of information,
HAVE AGREED AS FOLLOWS:
Article 1
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. |
TITLE I
GENERAL PRINCIPLES
Article 2
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.
Article 3
The fight against the proliferation of weapons of mass destruction and their means of delivery constitutes an essential element of this Agreement.
Article 4
The contracting parties reaffirm the importance they attach to the implementation of international obligations, notably the full cooperation with ICTY.
Article 5
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.
Article 6
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.
Article 7
The Parties reaffirm the importance that they attach to the fight against terrorism and the implementation of international obligations in this area.
Article 8
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.
Article 9
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).
TITLE II
POLITICAL DIALOGUE
Article 10
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. |
Article 11
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. |
Article 12
A political dialogue at parliamentary level shall take place within the framework of the Stabilisation and Association Parliamentary Committee established under Article 125.
Article 13
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.
TITLE III
REGIONAL COOPERATION
Article 14
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.
Article 15
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.
Article 16
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.
Article 17
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).
TITLE IV
FREE MOVEMENT OF GOODS
Article 18
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.
CHAPTER I
Industrial products
Article 19
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.
Article 20
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.
Article 21
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.
Article 22
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.
Article 23
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.
CHAPTER II
Agriculture and fisheries
Article 24
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’).
Article 25
Processed agricultural products
Protocol 1 lays down the trade arrangements for processed agricultural products which are listed therein.
Article 26
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.
Article 27
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. |
Article 28
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.
Article 29
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.
Article 30
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.
Article 31
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.
Article 32
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.
Article 33
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.
CHAPTER III
Common provisions
Article 34
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.
Article 35
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.
Article 36
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.
Article 37
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.
Article 38
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.
Article 39
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.
Article 40
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.
Article 41
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.
Article 42
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.
Article 43
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.
Article 44
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.
Article 45
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.
Article 46
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.
Article 47
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.
Article 48
The application of this Agreement shall be without prejudice to the application of the provisions of Community law to the Canary Islands.
TITLE V
MOVEMENT OF WORKERS, ESTABLISHMENT, SUPPLY OF SERVICES, CAPITAL
CHAPTER I
Movement of workers
Article 49
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.
Article 50
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.
Article 51
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.
CHAPTER II
Establishment
Article 52
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:
|
(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. |
Article 53
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. |
Article 54
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.
Article 55
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.
Article 56
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.
Article 57
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.
Article 58
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:
|
(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. |
CHAPTER III
Supply of services
Article 59
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.
Article 60
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.
Article 61
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:
|
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. |
CHAPTER IV
Current payments and movement of capital
Article 62
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.
Article 63
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.
Article 64
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.
CHAPTER V
General provisions
Article 65
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.
Article 66
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.
Article 67
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.
Article 68
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.
Article 69
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.
Article 70
The provisions of this Title shall be progressively adjusted, notably in the light of requirements arising from Article V of the GATS.
Article 71
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.
TITLE VI
APPROXIMATION OF LAWS, LAW ENFORCEMENT AND COMPETITION RULES
Article 72
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.
Article 73
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. |
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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.
Article 74
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.
Article 75
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.
Article 76
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.
Article 77
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. |
Article 78
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. |
Article 79
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.
TITLE VII
JUSTICE, FREEDOM AND SECURITY
Article 80
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.
Article 81
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.
Article 82
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. |
Article 83
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.
Article 84
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).
Article 85
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.
Article 86
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.
Article 87
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. |
TITLE VIII
COOPERATION POLICIES
Article 88
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.
Article 89
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.
Article 90
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.
Article 91
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.
Article 92
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.
Article 93
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.
Article 94
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.
Article 95
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.
Article 96
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.
Article 97
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.
Article 98
Fisheries
The Parties shall explore the possibility of identifying mutually beneficial areas of common interest in the fisheries sector. Cooperation shall take due account of priority areas related to the Community acquis in the field of fisheries, including the respect of international obligations concerning International and Regional Fisheries Organisation rules of management and conservation of fishery resources.
Article 99
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.
Article 100
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.
Article 101
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.
Article 102
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.
Article 103
Cultural cooperation
The Parties undertake to promote cultural cooperation. This cooperation serves inter alia to raise mutual understanding and esteem between individuals, communities and peoples. The Parties also undertake to cooperate to promote cultural diversity, notably within the framework of the UNESCO Convention on the protection and the promotion of the diversity of cultural expressions.
Article 104
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.
Article 105
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.
Article 106
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.
Article 107
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.
Article 108
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.
Article 109
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. |
Article 110
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. |
Article 111
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.
Article 112
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.
Article 113
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.
Article 114
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.
TITLE IX
FINANCIAL COOPERATION
Article 115
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.
Article 116
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.
Article 117
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.
Article 118
In order to permit optimum use of the resources available, the Parties shall ensure that Community contributions are made in close coordination with those from other sources such as the Member States, other countries and international financial institutions.
To this effect, information on all sources of assistance shall be exchanged regularly between the Parties.
TITLE X
INSTITUTIONAL, GENERAL AND FINAL PROVISIONS
Article 119
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.
Article 120
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.
Article 121
The Stabilisation and Association Council shall, for the purpose of attaining the objectives of this Agreement, have the power to take decisions within the scope of this Agreement in the cases provided for therein. The decisions taken shall be binding on the Parties, which shall take the measures necessary to implement the decisions taken. The Stabilisation and Association Council may also make appropriate recommendations. It shall draw up its decisions and recommendations by agreement between the Parties.
Article 122
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.
Article 123
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.
Article 124
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.
Article 125
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.
Article 126
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.
Article 127
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. |
Article 128
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.
Article 129
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).
Article 130
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.
Article 131
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.
Article 132
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.
Article 133
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.
Article 134
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.
Article 135
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.
Article 136
The Secretary General of the Council of the European Union shall be the depository of this Agreement.
Article 137
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.
Article 138
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.
Article 139
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.
Съставено в Люксембург, на петнайсти октомври две хиляди и седма година.
Hecho en Luxemburgo, el quince de octubre de dos mil siete.
V Lucemburku dne patnáctého října dva tisíce sedm.
Udfærdiget i Luxembourg den femtende oktober to tusind og syv.
Geschehen zu Luxemburg am fünfzehnten Oktober zweitausendsieben.
Kahe tuhande seitsmenda aasta oktoobrikuu viieteistkümnendal päeval Luxembourgis.
Έγινε στo Λουξεμβούργο, στις δέκα πέντε Οκτωβρίου δύο χιλιάδες επτά.
Done at Luxembourg on the fifteenth day of October in the year two thousand and seven.
Fait à Luxembourg, le quinze octobre deux mille sept.
Fatto a Lussemburgo, addì quindici ottobre duemilasette.
Luksemburgā, divtūkstoš septītā gada piecpadsmitajā oktobrī.
Priimta du tūkstančiai septintųjų metų spalio penkioliktą dieną Liuksemburge.
Kelt Luxembourgban, a kétezer-hetedik év október tizenötödik napján.
Magħmul fil-Lussemburgu, fil-ħmistax-il jum ta’ Ottubru tas-sena elfejn u sebgħa.
Gedaan te Luxemburg, de vijftiende oktober tweeduizend zeven.
Sporządzono w Luksemburgu dnia piętnastego października roku dwa tysiące siódmego.
Feito em Luxemburgo, em quinze de Outubro de dois mil e sete.
Întocmit la Luxembourg, la cincisprezece octombrie două mii şapte.
V Luxemburgu dňa pätnásteho októbra dvetisícsedem.
V Luxembourgu, dne petnajstega oktobra leta dva tisoč sedem.
Tehty Luxemburgissa viidentenätoista päivänä lokakuuta vuonna kaksituhattaseitsemän.
Som skedde i Luxemburg den femtonde oktober tjugohundrasju.
Sačinjeno u Luksemburgu petnaestog oktobra dvije hiljade i sedme godine.
Pour le Royaume de Belgique
Voor het Koninkrijk België
Für das Königreich Belgien
Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.
Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.
Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.
За Република България
Za Českou republiku
På Kongeriget Danmarks vegne
Für die Bundesrepublik Deutschland
Eesti Vabariigi nimel
Thar cheann Na hÉireann
For Ireland
Για την Ελληνική Δημοκρατία
Por el Reino de España
Pour la République française
Per la Repubblica italiana
Για την Κυπριακή Δημοκρατία
Latvijas Republikas vārdā
Lietuvos Respublikos vardu
Pour le Grand-Duché de Luxembourg
A Magyar Köztársaság részéről
Għal Malta
Voor het Koninkrijk der Nederlanden
Für die Republik Österreich
W imieniu Rzeczypospolitej Polskiej
Pela República Portuguesa
Pentru România
Za Republiko Slovenijo
Za Slovenskú republiku
Suomen tasavallan puolesta
För Republiken Finland
För Konungariket Sverige
For the United Kingdom of Great Britain and Northern Ireland
За Европейската общност
Por las Comunidades Europeas
Za Evropská společenství
For De Europæiske Fællesskaber
Für die Europäischen Gemeinschaften
Euroopa ühenduste nimel
Για τις Ευρωπαϊκές Κοινότητες
For the European Communities
Pour les Communautés européennes
Per le Comunità europee
Eiropas Kopienu vārdā
Europos Bendrijų vardu
Az Európai Közösségek részéről
Għall-Komunitajiet Ewropej
Voor de Europese Gemeenschappen
W imieniu Wspólnot Europejskich
Pelas Comunidades Europeias
Pentru Comunitatea Europeană
Za Európske spoločenstvá
Za Evropske skupnosti
Euroopan yhteisöjen puolesta
På europeiska gemenskapernas vägnar
U ime Republike Crne Gore
(1) Council Regulation (EEC) No 2658/87 (OJ L 256, 7.9.1987, p. 1).
(2) Official Gazette of Montenegro No 17/07.
(3) OJ L 93, 31.3.2006, p. 12. Regulation as amended by Commission Regulation (EC) No 952/2007 (OJ L 210, 10.8.2007, p. 26).
(4) Multilateral Agreement between the European Community and its Member States, the Republic of Albania, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the former Yugoslav Republic of Macedonia, the Republic of Iceland, the Republic of Montenegro, the Kingdom of Norway, Romania, the Republic of Serbia and the United Nations Interim Administration Mission in Kosovo on the establishment of a European Common Aviation Area (OJ L 285, 16.10.2006, p. 3).
(5) European Committee for Standardisation, European Committee for Electrotechnical Standardisation, European Telecommunications Standards Institute, European cooperation for Accreditation, European Cooperation in Legal Metrology, European Organisation of Metrology.
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: |
||
|
|
||
2515 11 00 |
|
||
2515 12 |
|
||
2515 12 20 |
|
||
2515 12 50 |
|
||
2515 12 90 |
|
||
2522 |
Quicklime, slaked lime and hydraulic lime, other than calcium oxide and hydroxide of heading 2825 : |
||
2522 20 00 |
|
||
2523 |
Portland cement, aluminous cement, slag cement, super sulphate cement and similar hydraulic cements, whether or not coloured or in the form of clinkers: |
||
|
|
||
2523 29 00 |
|
||
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 |
|
||
3603 00 90 |
|
||
3820 00 00 |
Anti-freezing preparations and prepared de-icing fluids |
||
4406 |
Railway or tramway sleepers (cross-ties) of wood: |
||
4406 90 00 |
|
||
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: |
||
|
|
||
4410 12 |
|
||
4410 12 10 |
|
||
4410 19 00 |
|
||
4412 |
Plywood, veneered panels and similar laminated wood: |
||
4412 10 00 |
|
||
|
|
||
4412 94 |
|
||
4412 94 10 |
|
||
4412 94 90 |
|
||
4412 99 |
|
||
4412 99 70 |
|
||
6403 |
Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather: |
||
|
|
||
6403 51 |
|
||
|
|
||
|
|
||
|
|
||
6403 51 15 |
|
||
6403 51 19 |
|
||
|
|
||
|
|
||
6403 51 95 |
|
||
6403 51 99 |
|
||
6405 |
Other footwear: |
||
6405 10 00 |
|
||
7604 |
Aluminium bars, rods and profiles: |
||
7604 10 |
|
||
7604 10 90 |
|
||
|
|
||
7604 29 |
|
||
7604 29 90 |
|
||
7616 |
Other articles of aluminium: |
||
|
|
||
7616 99 |
|
||
7616 99 90 |
|
||
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: |
||
|
|
||
8415 81 00 |
|
||
8507 |
Electric accumulators, including separators therefor, whether or not rectangular (including square): |
||
8507 20 |
|
||
|
|
||
8507 20 98 |
|
||
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 : |
||
|
|
||
8517 12 00 |
|
||
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: |
||
|
|
||
8703 22 |
|
||
8703 22 10 |
|
||
ex 8703 22 10 |
|
||
8703 22 90 |
|
||
8703 23 |
|
||
|
|
||
8703 23 19 |
|
||
ex 8703 23 19 |
|
||
8703 23 90 |
|
||
|
|
||
8703 32 |
|
||
|
|
||
8703 32 19 |
|
||
ex 8703 32 19 |
|
||
8703 32 90 |
|
||
8703 33 |
|
||
|
|
||
8703 33 11 |
|
||
8703 33 90 |
|
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: |
||
|
|
||
|
|
||
|
|
||
2501 00 91 |
|
||
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: |
||
|
|
||
3304 99 00 |
|
||
3305 |
Preparations for use on the hair: |
||
3305 10 00 |
|
||
3305 90 |
|
||
3305 90 90 |
|
||
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 |
|
||
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: |
||
|
|
||
3401 11 00 |
|
||
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 |
|
||
3402 20 20 |
|
||
3402 20 90 |
|
||
3402 90 |
|
||
3402 90 90 |
|
||
3923 |
Articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics: |
||
|
|
||
3923 21 00 |
|
||
3923 29 |
|
||
3923 29 10 |
|
||
3923 90 |
|
||
3923 90 10 |
|
||
3923 90 90 |
|
||
3926 |
Other articles of plastics and articles of other materials of headings 3901 to 3914 : |
||
3926 90 |
|
||
|
|
||
3926 90 97 |
|
||
4011 |
New pneumatic tyres, of rubber: |
||
4011 10 00 |
|
||
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: |
||
|
|
||
4202 11 |
|
||
4202 11 10 |
|
||
4202 11 90 |
|
||
4203 |
Articles of apparel and clothing accessories, of leather or of composition leather: |
||
4203 10 00 |
|
||
|
|
||
4203 29 |
|
||
4203 29 10 |
|
||
4418 |
Builders' joinery and carpentry of wood, including cellular wood panels, assembled flooring panels, shingles and shakes: |
||
4418 10 |
|
||
4418 10 50 |
|
||
4418 10 90 |
|
||
4418 20 |
|
||
4418 20 50 |
|
||
4418 20 80 |
|
||
4418 40 00 |
|
||
4418 90 |
|
||
4418 90 10 |
|
||
4418 90 80 |
|
||
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: |
||
|
|
||
4802 55 |
|
||
4802 55 15 |
|
||
ex 4802 55 15 |
|
||
4802 55 25 |
|
||
ex 4802 55 25 |
|
||
4802 55 30 |
|
||
ex 4802 55 30 |
|
||
4802 55 90 |
|
||
ex 4802 55 90 |
|
||
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 |
|
||
4819 20 00 |
|
||
4819 30 00 |
|
||
4819 40 00 |
|
||
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 |
|
||
4820 10 10 |
|
||
4820 20 00 |
|
||
4820 90 00 |
|
||
4821 |
Paper or paperboard labels of all kinds, whether or not printed: |
||
4821 10 |
|
||
4821 10 10 |
|
||
4821 90 |
|
||
4821 90 10 |
|
||
4910 00 00 |
Calendars of any kind, printed, including calendar blocks |
||
4911 |
Other printed matter, including printed pictures and photographs: |
||
4911 10 |
|
||
4911 10 10 |
|
||
4911 10 90 |
|
||
|
|
||
4911 99 00 |
|
||
5111 |
Woven fabrics of carded wool or of carded fine animal hair: |
||
|
|
||
5111 19 |
|
||
5111 19 10 |
|
||
5111 19 90 |
|
||
5112 |
Woven fabrics of combed wool or of combed fine animal hair: |
||
|
|
||
5112 11 00 |
|
||
5112 19 |
|
||
5112 19 10 |
|
||
5112 19 90 |
|
||
5209 |
Woven fabrics of cotton, containing 85 % or more by weight of cotton, weighing more than 200 g/m2: |
||
|
|
||
5209 21 00 |
|
||
5209 22 00 |
|
||
5209 29 00 |
|
||
|
|
||
5209 31 00 |
|
||
5209 32 00 |
|
||
5209 39 00 |
|
||
|
|
||
5209 41 00 |
|
||
5209 43 00 |
|
||
5209 49 00 |
|
||
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 |
|
||
6101 90 20 |
|
||
ex 6101 90 20 |
|
||
6101 90 80 |
|
||
ex 6101 90 80 |
|
||
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: |
||
|
|
||
6115 95 00 |
|
||
6115 96 |
|
||
6115 96 10 |
|
||
|
|
||
6115 96 99 |
|
||
6205 |
Men's or boys' shirts: |
||
6205 20 00 |
|
||
6205 30 00 |
|
||
6205 90 |
|
||
6205 90 10 |
|
||
6205 90 80 |
|
||
6206 |
Women's or girls' blouses, shirts and shirt-blouses: |
||
6206 10 00 |
|
||
6206 20 00 |
|
||
6206 30 00 |
|
||
6206 40 00 |
|
||
6206 90 |
|
||
6206 90 10 |
|
||
6206 90 90 |
|
||
6207 |
Men's or boys' singlet and other vests, underpants, briefs, nightshirts, pyjamas, bathrobes, dressing gowns and similar articles: |
||
|
|
||
6207 11 00 |
|
||
6207 19 00 |
|
||
|
|
||
6207 21 00 |
|
||
6207 22 00 |
|
||
6207 29 00 |
|
||
|
|
||
6207 91 00 |
|
||
6207 99 |
|
||
6207 99 10 |
|
||
6207 99 90 |
|
||
6208 |
Women's or girls' singlet and other vests, slips, petticoats, briefs, panties, nightdresses, pyjamas, negligees, bathrobes, dressing gowns and similar articles: |
||
|
|
||
6208 11 00 |
|
||
6208 19 00 |
|
||
|
|
||
6208 21 00 |
|
||
6208 22 00 |
|
||
6208 29 00 |
|
||
|
|
||
6208 91 00 |
|
||
6208 92 00 |
|
||
6208 99 00 |
|
||
6211 |
Tracksuits, ski suits and swimwear; other garments: |
||
|
|
||
6211 32 |
|
||
6211 32 10 |
|
||
|
|
||
6211 32 31 |
|
||
|
|
||
6211 32 41 |
|
||
6211 32 42 |
|
||
|
|
||
6211 42 |
|
||
6211 42 10 |
|
||
|
|
||
6211 42 31 |
|
||
|
|
||
6211 42 41 |
|
||
6211 42 42 |
|
||
6211 42 90 |
|
||
6211 43 |
|
||
6211 43 10 |
|
||
|
|
||
6211 43 31 |
|
||
|
|
||
6211 43 41 |
|
||
6211 43 42 |
|
||
6211 43 90 |
|
||
6301 |
Blankets and travelling rugs: |
||
6301 20 |
|
||
6301 20 10 |
|
||
6301 20 90 |
|
||
6301 90 |
|
||
6301 90 10 |
|
||
6301 90 90 |
|
||
6302 |
Bed linen, table linen, toilet linen and kitchen linen: |
||
|
|
||
6302 21 00 |
|
||
|
|
||
6302 31 00 |
|
||
|
|
||
6302 51 00 |
|
||
6302 53 |
|
||
6302 53 90 |
|
||
6403 |
Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather: |
||
|
|
||
6403 59 |
|
||
|
|
||
|
|
||
|
|
||
|
|
||
6403 59 35 |
|
||
6403 59 39 |
|
||
|
|
||
|
|
||
6403 59 95 |
|
||
6403 59 99 |
|
||
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): |
||
|
|
||
6802 21 00 |
|
||
6802 23 00 |
|
||
6802 29 00 |
|
||
ex 6802 29 00 |
|
||
|
|
||
6802 91 |
|
||
6802 91 10 |
|
||
6802 91 90 |
|
||
6802 93 |
|
||
6802 93 10 |
|
||
6802 93 90 |
|
||
6810 |
Articles of cement, of concrete or of artificial stone, whether or not reinforced: |
||
|
|
||
6810 11 |
|
||
6810 11 10 |
|
||
6810 11 90 |
|
||
|
|
||
6810 91 |
|
||
6810 91 90 |
|
||
6810 99 00 |
|
||
6904 |
Ceramic building bricks, flooring blocks, support or filler tiles and the like: |
||
6904 10 00 |
|
||
6904 90 00 |
|
||
6905 |
Roofing tiles, chimney-pots, cowls, chimney liners, architectural ornaments and other ceramic constructional goods: |
||
6905 10 00 |
|
||
7207 |
Semi-finished products of iron or non-alloy steel: |
||
|
|
||
7207 11 |
|
||
7207 11 90 |
|
||
7207 12 |
|
||
7207 12 90 |
|
||
7207 19 |
|
||
|
|
||
7207 19 12 |
|
||
7207 19 19 |
|
||
7207 19 80 |
|
||
7207 20 |
|
||
|
|
||
|
|
||
|
|
||
7207 20 15 |
|
||
7207 20 17 |
|
||
7207 20 19 |
|
||
|
|
||
7207 20 32 |
|
||
7207 20 39 |
|
||
|
|
||
7207 20 52 |
|
||
7207 20 59 |
|
||
7207 20 80 |
|
||
7213 |
Bars and rods, hot-rolled, in irregularly wound coils, of iron or non-alloy steel: |
||
7213 10 00 |
|
||
|
|
||
7213 91 |
|
||
7213 91 10 |
|
||
|
|
||
7213 91 49 |
|
||
ex 7213 91 49 |
|
||
7213 99 |
|
||
7213 99 10 |
|
||
7213 99 90 |
|
||
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 |
|
||
7214 20 00 |
|
||
|
|
||
7214 99 |
|
||
|
|
||
7214 99 10 |
|
||
|
|
||
7214 99 31 |
|
||
7214 99 39 |
|
||
7214 99 50 |
|
||
|
|
||
|
|
||
7214 99 71 |
|
||
7214 99 79 |
|
||
7214 99 95 |
|
||
7215 |
Other bars and rods of iron or non-alloy steel: |
||
7215 10 00 |
|
||
7215 50 |
|
||
|
|
||
7215 50 11 |
|
||
7215 50 19 |
|
||
7215 50 80 |
|
||
7215 90 00 |
|
||
7224 |
Other alloy steel in ingots or other primary forms; semi-finished products of other alloy steel: |
||
7224 10 |
|
||
7224 10 10 |
|
||
7224 10 90 |
|
||
7224 90 |
|
||
|
|
||
|
|
||
|
|
||
|
|
||
7224 90 05 |
|
||
7224 90 07 |
|
||
7224 90 14 |
|
||
7224 90 18 |
|
||
|
|
||
|
|
||
7224 90 31 |
|
||
7224 90 38 |
|
||
7224 90 90 |
|
||
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 |
|
||
7228 20 10 |
|
||
|
|
||
7228 20 99 |
|
||
7228 30 |
|
||
7228 30 20 |
|
||
|
|
||
7228 30 41 |
|
||
7228 30 49 |
|
||
|
|
||
|
|
||
7228 30 61 |
|
||
7228 30 69 |
|
||
7228 30 70 |
|
||
7228 30 89 |
|
||
7228 40 |
|
||
7228 40 10 |
|
||
7228 40 90 |
|
||
7228 60 |
|
||
7228 60 20 |
|
||
7228 60 80 |
|
||
7314 |
Cloth (including endless bands), grill, netting and fencing, of iron or steel wire; expanded metal of iron or steel: |
||
7314 20 |
|
||
7314 20 90 |
|
||
|
|
||
7314 39 00 |
|
||
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: |
||
|
|
||
|
|
||
7317 00 40 |
|
||
|
|
||
7317 00 69 |
|
||
7317 00 90 |
|
||
7605 |
Aluminium wire: |
||
|
|
||
7605 11 00 |
|
||
7605 19 00 |
|
||
7606 |
Aluminium plates, sheets and strip, of a thickness exceeding 0,2 mm: |
||
|
|
||
7606 11 |
|
||
|
|
||
7606 11 91 |
|
||
7606 11 93 |
|
||
7606 11 99 |
|
||
7606 12 |
|
||
|
|
||
|
|
||
7606 12 91 |
|
||
7606 12 93 |
|
||
7606 12 99 |
|
||
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: |
||
|
|
||
7607 11 |
|
||
7607 11 10 |
|
||
7607 11 90 |
|
||
7607 19 |
|
||
7607 19 10 |
|
||
|
|
||
7607 19 99 |
|
||
7607 20 |
|
||
7607 20 10 |
|
||
|
|
||
7607 20 99 |
|
||
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 |
|
||
7610 90 |
|
||
7610 90 90 |
|
||
7614 |
Stranded wire, cables, plaited bands and the like, of aluminium, not electrically insulated: |
||
7614 10 00 |
|
||
7614 90 00 |
|
||
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 |
|
||
8311 10 10 |
|
||
8311 10 90 |
|
||
8311 20 00 |
|
||
8418 |
Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps other than air-conditioning machines of heading 8415 : |
||
8418 10 |
|
||
8418 10 20 |
|
||
ex 8418 10 20 |
|
||
8418 10 80 |
|
||
ex 8418 10 80 |
|
||
|
|
||
8418 21 |
|
||
|
|
||
|
|
||
8418 21 91 |
|
||
8418 21 99 |
|
||
8418 30 |
|
||
8418 30 20 |
|
||
ex 8418 30 20 |
|
||
8418 30 80 |
|
||
ex 8418 30 80 |
|
||
8418 40 |
|
||
8418 40 20 |
|
||
ex 8418 40 20 |
|
||
8418 40 80 |
|
||
ex 8418 40 80 |
|
||
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: |
||
|
|
||
8422 11 00 |
|
||
8426 |
Ships' derricks; cranes, including cable cranes; mobile lifting frames, straddle carriers and works trucks fitted with a crane: |
||
|
|
||
8426 91 |
|
||
8426 91 10 |
|
||
8426 91 90 |
|
||
8450 |
Household or laundry-type washing machines, including machines which both wash and dry: |
||
|
|
||
8450 11 |
|
||
|
|
||
8450 11 11 |
|
||
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 |
|
||
8483 30 80 |
|
||
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: |
||
|
|
||
8703 24 |
|
||
8703 24 10 |
|
||
ex 8703 24 10 |
|
||
8703 24 90 |
|
||
|
|
||
8703 33 |
|
||
|
|
||
8703 33 19 |
|
||
ex 8703 33 19 |
|
||
9401 |
Seats (other than those of heading 9402 ), whether or not convertible into beds, and parts thereof: |
||
9401 40 00 |
|
||
|
|
||
9401 61 00 |
|
||
9401 69 00 |
|
||
|
|
||
9401 71 00 |
|
||
9401 79 00 |
|
||
9401 80 00 |
|
||
9403 |
Other furniture and parts thereof: |
||
9403 40 |
|
||
9403 40 90 |
|
||
9403 50 00 |
|
||
9403 60 |
|
||
9403 60 10 |
|
||
9403 60 90 |
|
||
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: |
||
|
|
||
9404 29 |
|
||
9404 29 10 |
|
||
9404 90 |
|
||
9404 90 90 |
|
||
9406 00 |
Prefabricated buildings: |
||
|
|
||
9406 00 20 |
|
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 |
|
|
||
|
|
|
||
|
|
|
||
|
|
|
||
ex 0102 90 51 |
|
|
||
|
10 |
|
||
ex 0102 90 59 |
|
|
||
|
11 21 31 91 |
|
||
|
|
|
||
ex 0102 90 71 |
|
|
||
|
10 |
|
||
ex 0102 90 79 |
|
|
||
|
21 91 |
|
||
0201 |
|
Meat of bovine animals, fresh or chilled: |
||
ex 0201 10 00 |
|
|
||
|
91 |
|
||
0201 20 |
|
|
||
ex 0201 20 20 |
|
|
||
|
91 |
|
||
ex 0201 20 30 |
|
|
||
|
91 |
|
||
ex 0201 20 50 |
|
|
||
|
91 |
|
(1) Entry under this subheading is subject to conditions laid down in the relevant Community provisions.
ANNEX III(a)
MONTENEGRIN TARIFF CONCESSIONS FOR AGRICULTURAL PRIMARY PRODUCTS ORIGINATING IN THE COMMUNITY
(referred to in Article 27(2)(a))
Duty-free for unlimited quantities from the date of entry into force of this Agreement:
CN code |
Description |
||
0101 |
Live horses, asses, mules and hinnies: |
||
0101 90 |
|
||
|
|
||
0101 90 11 |
|
||
0101 90 19 |
|
||
0101 90 30 |
|
||
0101 90 90 |
|
||
0105 |
Live poultry, that is to say, fowls of the species Gallus domesticus, ducks, geese, turkeys and guinea fowls: |
||
|
|
||
0105 12 00 |
|
||
0105 19 |
|
||
0105 19 20 |
|
||
0105 19 90 |
|
||
0106 |
Other live animals: |
||
|
|
||
0106 19 |
|
||
0106 19 10 |
|
||
0106 19 90 |
|
||
0106 20 00 |
|
||
|
|
||
0106 39 |
|
||
0106 39 10 |
|
||
0205 00 |
Meat of horses, asses, mules or hinnies, fresh, chilled or frozen: |
||
0205 00 20 |
|
||
0205 00 80 |
|
||
0206 |
Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled or frozen: |
||
0206 10 |
|
||
0206 10 10 |
|
||
|
|
||
0206 10 91 |
|
||
0206 10 95 |
|
||
0206 10 99 |
|
||
|
Of bovine animals, frozen: |
||
0206 21 00 |
|
||
0206 22 00 |
|
||
0206 29 |
|
||
0206 29 10 |
|
||
|
|
||
0206 29 91 |
|
||
0206 29 99 |
|
||
0206 30 00 |
|
||
|
|
||
0206 41 00 |
|
||
0206 49 |
|
||
0206 49 20 |
|
||
0206 49 80 |
|
||
0206 80 |
|
||
0206 80 10 |
|
||
|
|
||
0206 80 91 |
|
||
0206 80 99 |
|
||
0206 90 |
|
||
0206 90 10 |
|
||
|
|
||
0206 90 91 |
|
||
0206 90 99 |
|
||
0208 |
Other meat and edible meat offal, fresh, chilled or frozen: |
||
0208 10 |
|
||
|
|
||
0208 10 11 |
|
||
0208 10 19 |
|
||
0208 10 90 |
|
||
0208 30 00 |
|
||
0208 40 |
|
||
0208 40 10 |
|
||
0208 40 90 |
|
||
0208 50 00 |
|
||
0208 90 |
|
||
0208 90 10 |
|
||
|
|
||
0208 90 20 |
|
||
0208 90 40 |
|
||
0208 90 55 |
|
||
0208 90 60 |
|
||
0208 90 70 |
|
||
0208 90 95 |
|
||
0210 |
Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal: |
||
|
|
||
0210 91 00 |
|
||
0210 92 00 |
|
||
0210 93 00 |
|
||
0210 99 |
|
||
|
|
||
0210 99 10 |
|
||
|
|
||
0210 99 21 |
|
||
0210 99 29 |
|
||
0210 99 31 |
|
||
0210 99 39 |
|
||
|
|
||
|
|
||
0210 99 41 |
|
||
0210 99 49 |
|
||
|
|
||
0210 99 51 |
|
||
0210 99 59 |
|
||
0210 99 60 |
|
||
|
|
||
|
|
||
0210 99 71 |
|
||
0210 99 79 |
|
||
0210 99 80 |
|
||
0210 99 90 |
|
||
0407 00 |
Birds' eggs, in shell, fresh, preserved or cooked: |
||
|
|
||
|
|
||
0407 00 11 |
|
||
0407 00 19 |
|
||
0408 |
Birds' eggs, not in shell, and egg yolks, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter: |
||
|
|
||
0408 11 |
|
||
0408 11 20 |
|
||
0408 19 |
|
||
0408 19 20 |
|
||
|
|
||
0408 91 |
|
||
0408 91 20 |
|
||
0408 99 |
|
||
0408 99 20 |
|
||
0410 00 00 |
Edible products of animal origin, not elsewhere specified or included |
||
0601 |
Bulbs, tubers, tuberous roots, corms, crowns and rhizomes, dormant, in growth or in flower; chicory plants and roots other than roots of heading 1212 : |
||
0601 10 |
|
||
0601 10 10 |
|
||
0601 10 20 |
|
||
0601 10 30 |
|
||
0601 10 40 |
|
||
0601 10 90 |
|
||
0601 20 |
|
||
0601 20 10 |
|
||
0601 20 30 |
|
||
0601 20 90 |
|
||
0602 |
Other live plants (including their roots), cuttings and slips; mushroom spawn: |
||
0602 90 |
|
||
0602 90 10 |
|
||
0602 90 20 |
|
||
0604 |
Foliage, branches and other parts of plants, without flowers or flower buds, and grasses, mosses and lichens, being goods of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared: |
||
|
|
||
0604 91 |
|
||
0604 91 20 |
|
||
0604 91 40 |
|
||
0604 91 90 |
|
||
0604 99 |
|
||
0604 99 10 |
|
||
0604 99 90 |
|
||
0713 |
Dried leguminous vegetables, shelled, whether or not skinned or split: |
||
0713 33 |
|
||
0713 33 90 |
|
||
0713 39 00 |
|
||
0713 40 00 |
|
||
0713 50 00 |
|
||
0713 90 00 |
|
||
0714 |
Manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes and similar roots and tubers with high starch or inulin content, fresh, chilled, frozen or dried, whether or not sliced or in the form of pellets; sago pith: |
||
0714 10 |
|
||
0714 10 10 |
|
||
|
|
||
0714 10 91 |
|
||
0714 10 99 |
|
||
0714 20 |
|
||
0714 20 10 |
|
||
0714 20 90 |
|
||
0714 90 |
|
||
|
|
||
0714 90 11 |
|
||
0714 90 19 |
|
||
0714 90 90 |
|
||
0801 |
Coconuts, Brazil nuts and cashew nuts, fresh or dried, whether or not shelled or peeled: |
||
|
|
||
0801 11 00 |
|
||
0801 19 00 |
|
||
0802 |
Other nuts, fresh or dried, whether or not shelled or peeled: |
||
|
|
||
0802 11 |
|
||
0802 11 10 |
|
||
0802 11 90 |
|
||
0802 12 |
|
||
0802 12 10 |
|
||
0802 12 90 |
|
||
|
|
||
0802 21 00 |
|
||
0802 22 00 |
|
||
ex 0802 22 00 |
|
||
ex 0802 22 00 |
|
||
|
|
||
0802 31 00 |
|
||
0802 32 00 |
|
||
0802 40 00 |
|
||
0802 50 00 |
|
||
0802 60 00 |
|
||
0802 90 |
|
||
0802 90 20 |
|
||
0802 90 50 |
|
||
0802 90 85 |
|
||
0804 |
Dates, figs, pineapples, avocados, guavas, mangoes and mangosteens, fresh or dried: |
||
0804 10 00 |
|
||
0804 30 00 |
|
||
0804 40 00 |
|
||
0804 50 00 |
|
||
0806 |
Grapes, fresh or dried: |
||
0806 20 |
|
||
0806 20 10 |
|
||
0806 20 30 |
|
||
0806 20 90 |
|
||
0810 |
Other fruit, fresh: |
||
0810 60 00 |
|
||
0810 90 |
|
||
0810 90 30 |
|
||
0810 90 40 |
|
||
|
|
||
0810 90 50 |
|
||
0810 90 60 |
|
||
0810 90 70 |
|
||
0810 90 95 |
|
||
0811 |
Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter: |
||
0811 90 |
|
||
|
|
||
|
|
||
0811 90 11 |
|
||
0811 90 19 |
|
||
|
|
||
0811 90 31 |
|
||
0811 90 39 |
|
||
|
|
||
0811 90 50 |
|
||
0811 90 70 |
|
||
0811 90 85 |
|
||
0812 |
Fruit and nuts, provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption: |
||
0812 90 |
|
||
0812 90 70 |
|
||
0813 |
Fruit, dried, other than that of headings 0801 to 0806 ; mixtures of nuts or dried fruits of this Chapter: |
||
0813 40 |
|
||
0813 40 50 |
|
||
0813 40 60 |
|
||
0813 40 70 |
|
||
0813 40 95 |
|
||
0813 50 |
|
||
|
|
||
|
|
||
0813 50 12 |
|
||
0813 50 15 |
|
||
0813 50 19 |
|
||
|
|
||
0813 50 31 |
|
||
0813 50 39 |
|
||
|
|
||
0813 50 91 |
|
||
0813 50 99 |
|
||
0814 00 00 |
Peel of citrus fruit or melons (including watermelons), fresh, frozen, dried or provisionally preserved in brine, in sulphur water or in other preservative solutions |
||
0901 |
Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion: |
||
|
|
||
0901 11 00 |
|
||
0901 12 00 |
|
||
0902 |
Tea, whether or not flavoured: |
||
0902 10 00 |
|
||
0902 20 00 |
|
||
0902 30 00 |
|
||
0902 40 00 |
|
||
0904 |
Pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum or of the genus Pimenta: |
||
|
|
||
0904 11 00 |
|
||
0904 12 00 |
|
||
0904 20 |
|
||
|
|
||
0904 20 10 |
|
||
0904 20 30 |
|
||
0904 20 90 |
|
||
0905 00 00 |
Vanilla |
||
0906 |
Cinnamon and cinnamon-tree flowers: |
||
|
|
||
0906 11 00 |
|
||
0906 19 00 |
|
||
0906 20 00 |
|
||
0907 00 00 |
Cloves (whole fruit, cloves and stems) |
||
0908 |
Nutmeg, mace and cardamoms: |
||
0908 10 00 |
|
||
0908 20 00 |
|
||
0908 30 00 |
|
||
0909 |
Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries: |
||
0909 10 00 |
|
||
0909 20 00 |
|
||
0909 30 00 |
|
||
0909 40 00 |
|
||
0909 50 00 |
|
||
0910 |
Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices: |
||
0910 10 00 |
|
||
0910 20 |
|
||
0910 20 10 |
|
||
0910 20 90 |
|
||
0910 30 00 |
|
||
|
|
||
0910 91 |
|
||
0910 91 10 |
|
||
0910 91 90 |
|
||
0910 99 |
|
||
0910 99 10 |
|
||
|
|
||
|
|
||
0910 99 31 |
|
||
0910 99 33 |
|
||
0910 99 39 |
|
||
0910 99 50 |
|
||
0910 99 60 |
|
||
|
|
||
0910 99 91 |
|
||
0910 99 99 |
|
||
1006 |
Rice: |
||
1006 10 |
|
||
1006 10 10 |
|
||
|
|
||
|
|
||
1006 10 21 |
|
||
1006 10 23 |
|
||
|
|
||
1006 10 25 |
|
||
1006 10 27 |
|
||
|
|
||
1006 10 92 |
|
||
1006 10 94 |
|
||
|
|
||
1006 10 96 |
|
||
1006 10 98 |
|
||
1006 20 |
|
||
|
|
||
1006 20 11 |
|
||
1006 20 13 |
|
||
|
|
||
1006 20 15 |
|
||
1006 20 17 |
|
||
|
|
||
1006 20 92 |
|
||
1006 20 94 |
|
||
|
|
||
1006 20 96 |
|
||
1006 20 98 |
|
||
1006 30 |
|
||
|
|
||
|
|
||
1006 30 21 |
|
||
1006 30 23 |
|
||
|
|
||
1006 30 25 |
|
||
1006 30 27 |
|
||
|
|
||
1006 30 42 |
|
||
1006 30 44 |
|
||
|
|
||
1006 30 46 |
|
||
1006 30 48 |
|
||
|
|
||
|
|
||
1006 30 61 |
|
||
1006 30 63 |
|
||
|
|
||
1006 30 65 |
|
||
1006 30 67 |
|
||
|
|
||
1006 30 92 |
|
||
1006 30 94 |
|
||
|
|
||
1006 30 96 |
|
||
1006 30 98 |
|
||
1006 40 00 |
|
||
1007 |
Grain sorghum: |
||
1007 00 10 |
|
||
1007 00 90 |
|
||
1008 |
Buckwheat, millet and canary seed; other cereals: |
||
1008 10 00 |
|
||
1008 20 00 |
|
||
1008 30 00 |
|
||
1008 90 |
|
||
1008 90 10 |
|
||
1008 90 90 |
|
||
1102 |
Cereal flours other than of wheat or meslin: |
||
1102 10 00 |
|
||
1102 20 |
|
||
1102 20 10 |
|
||
1102 20 90 |
|
||
1102 90 |
|
||
1102 90 10 |
|
||
1102 90 30 |
|
||
1102 90 50 |
|
||
1102 90 90 |
|
||
1103 |
Cereal groats, meal and pellets: |
||
|
|
||
1103 11 |
|
||
1103 11 10 |
|
||
1103 11 90 |
|
||
1103 13 |
|
||
1103 13 10 |
|
||
1103 13 90 |
|
||
1103 19 |
|
||
1103 19 10 |
|
||
1103 19 30 |
|
||
1103 19 40 |
|
||
1103 19 50 |
|
||
1103 19 90 |
|
||
1103 20 |
|
||
1103 20 10 |
|
||
1103 20 20 |
|
||
1103 20 30 |
|
||
1103 20 40 |
|
||
1103 20 50 |
|
||
1103 20 60 |
|
||
1103 20 90 |
|
||
1104 |
Cereal grains otherwise worked (for example, hulled, rolled, flaked, pearled, sliced or kibbled), except rice of heading 1006 ; germ of cereals, whole, rolled, flaked or ground: |
||
|
|
||
1104 12 |
|
||
1104 12 10 |
|
||
1104 12 90 |
|
||
1104 19 |
|
||
1104 19 10 |
|
||
1104 19 30 |
|
||
1104 19 50 |
|
||
|
|
||
1104 19 61 |
|
||
1104 19 69 |
|
||
|
|
||
1104 19 91 |
|
||
1104 19 99 |
|
||
|
|
||
1104 22 |
|
||
1104 22 20 |
|
||
1104 22 30 |
|
||
1104 22 50 |
|
||
1104 22 90 |
|
||
1104 22 98 |
|
||
1104 23 |
|
||
1104 23 10 |
|
||
1104 23 30 |
|
||
1104 23 90 |
|
||
1104 23 99 |
|
||
1104 29 |
|
||
|
|
||
1104 29 01 |
|
||
1104 29 03 |
|
||
1104 29 05 |
|
||
1104 29 07 |
|
||
1104 29 09 |
|
||
|
|
||
|
|
||
1104 29 11 |
|
||
1104 29 18 |
|
||
1104 29 30 |
|
||
|
|
||
1104 29 51 |
|
||
1104 29 55 |
|
||
1104 29 59 |
|
||
|
|
||
1104 29 81 |
|
||
1104 29 85 |
|
||
1104 29 89 |
|
||
1104 30 |
|
||
1104 30 10 |
|
||
1104 30 90 |
|
||
1105 |
Flour, meal, powder, flakes, granules and pellets of potatoes: |
||
1105 10 00 |
|
||
1105 20 00 |
|
||
1106 |
Flour, meal and powder of the dried leguminous vegetables of heading 0713 , of sago or of roots or tubers of heading 0714 or of the products of Chapter 8: |
||
1106 10 00 |
|
||
1106 20 |
|
||
1106 20 10 |
|
||
1106 20 90 |
|
||
1106 30 |
|
||
1106 30 10 |
|
||
1106 30 90 |
|
||
1107 |
Malt, whether or not roasted: |
||
1107 10 |
|
||
|
|
||
1107 10 11 |
|
||
1107 10 19 |
|
||
|
|
||
1107 10 91 |
|
||
1107 10 99 |
|
||
1107 20 00 |
|
||
1108 |
Starches; inulin: |
||
|
|
||
1108 11 00 |
|
||
1108 12 00 |
|
||
1108 13 00 |
|
||
1108 14 00 |
|
||
1108 19 |
|
||
1108 19 10 |
|
||
1108 19 90 |
|
||
1108 20 00 |
|
||
1109 00 00 |
Wheat gluten, whether or not dried |
||
1502 00 |
Fats of bovine animals, sheep or goats, other than those of heading 1503 : |
||
1502 00 10 |
|
||
1502 00 90 |
|
||
1503 00 |
Lard stearin, lard oil, oleostearin, oleo-oil and tallow oil, not emulsified or mixed or otherwise prepared: |
||
|
|
||
1503 00 11 |
|
||
1503 00 19 |
|
||
1503 00 30 |
|
||
1503 00 90 |
|
||
1504 |
Fats and oils and their fractions, of fish or marine mammals, whether or not refined, but not chemically modified: |
||
1504 10 |
|
||
1504 10 10 |
|
||
|
|
||
1504 10 91 |
|
||
1504 10 99 |
|
||
1504 20 |
|
||
1504 20 90 |
|
||
1504 30 |
|
||
1504 30 90 |
|
||
1507 |
Soya-bean oil and its fractions, whether or not refined, but not chemically modified: |
||
1507 10 |
|
||
1507 10 10 |
|
||
1507 90 |
|
||
1507 90 10 |
|
||
1508 |
Groundnut oil and its fractions, whether or not refined, but not chemically modified: |
||
1508 10 |
|
||
1508 10 10 |
|
||
1508 10 90 |
|
||
1508 90 |
|
||
1508 90 10 |
|
||
1508 90 90 |
|
||
1510 00 |
Other oils and their fractions, obtained solely from olives, whether or not refined, but not chemically modified, including blends of these oils or fractions with oils or fractions of heading 1509 : |
||
1510 00 10 |
|
||
1510 00 90 |
|
||
1512 |
Sunflower-seed, safflower or cotton-seed oil and fractions thereof, whether or not refined, but not chemically modified: |
||
|
|
||
1512 21 |
|
||
1512 21 10 |
|
||
1512 21 90 |
|
||
1512 29 |
|
||
1512 29 10 |
|
||
1512 29 90 |
|
||
1514 |
Rape, colza or mustard oil and fractions thereof, whether or not refined, but not chemically modified: |
||
|
|
||
1514 11 |
|
||
1514 11 10 |
|
||
1514 11 90 |
|
||
1514 19 |
|
||
1514 19 10 |
|
||
1514 19 90 |
|
||
|
|
||
1514 91 |
|
||
1514 91 10 |
|
||
1514 91 90 |
|
||
1514 99 |
|
||
1514 99 10 |
|
||
1514 99 90 |
|
||
1516 |
Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared: |
||
1516 20 |
|
||
|
|
||
|
|
||
|
|
||
1516 20 98 |
|
||
1518 00 |
Animal or vegetable fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas or otherwise chemically modified, excluding those of heading 1516 ; inedible mixtures or preparation of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, not elsewhere specified or included: |
||
|
|
||
1518 00 31 |
|
||
1518 00 39 |
|
||
1522 00 |
Degras; residues resulting from the treatment of fatty substances or animal or vegetable waxes: |
||
|
|
||
|
|
||
1522 00 31 |
|
||
1522 00 39 |
|
||
|
|
||
1522 00 91 |
|
||
1522 00 99 |
|
||
1702 |
Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel: |
||
|
|
||
1702 11 00 |
|
||
1702 19 00 |
|
||
1702 20 |
|
||
1702 20 10 |
|
||
1702 20 90 |
|
||
1702 30 |
|
||
1702 30 10 |
|
||
|
|
||
|
|
||
1702 30 51 |
|
||
1702 30 59 |
|
||
|
|
||
1702 30 91 |
|
||
1702 30 99 |
|
||
1702 40 |
|
||
1702 40 10 |
|
||
1702 40 90 |
|
||
1702 60 |
|
||
1702 60 10 |
|
||
1702 60 80 |
|
||
1702 60 95 |
|
||
1702 90 |
|
||
1702 90 30 |
|
||
1702 90 50 |
|
||
|
|
||
1702 90 71 |
|
||
|
|
||
1702 90 75 |
|
||
1702 90 79 |
|
||
1702 90 80 |
|
||
1702 90 99 |
|
||
1902 |
Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared: |
||
1902 20 |
|
||
1902 20 30 |
|
||
2007 |
Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut and fruit or nut pastes, being cooked preparations, whether or not containing added sugar or other sweetening matter: |
||
|
|
||
2007 99 |
|
||
|
|
||
2007 99 98 |
|
||
2008 |
Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: |
||
|
|
||
2008 19 |
|
||
|
|
||
|
|
||
2008 19 19 |
|
||
2009 |
Fruit juices (including grape must) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter: |
||
|
|
||
2009 11 |
|
||
|
|
||
2009 11 11 |
|
||
2009 11 19 |
|
||
|
|
||
2009 11 91 |
|
||
2009 11 99 |
|
||
2009 19 |
|
||
|
|
||
2009 19 11 |
|
||
2009 19 19 |
|
||
|
|
||
2009 19 91 |
|
||
2009 19 98 |
|
||
|
|
||
2009 29 |
|
||
|
|
||
2009 29 11 |
|
||
2009 29 19 |
|
||
|
|
||
2009 29 91 |
|
||
2009 29 99 |
|
||
|
|
||
2009 39 |
|
||
|
|
||
2009 39 11 |
|
||
2009 39 19 |
|
||
|
|
||
|
|
||
2009 39 31 |
|
||
2009 39 39 |
|
||
|
|
||
|
|
||
2009 39 51 |
|
||
2009 39 55 |
|
||
2009 39 59 |
|
||
|
|
||
2009 39 91 |
|
||
2009 39 95 |
|
||
2009 39 99 |
|
||
|
|
||
2009 49 |
|
||
|
|
||
2009 49 11 |
|
||
2009 49 19 |
|
||
|
|
||
2009 49 30 |
|
||
|
|
||
2009 49 91 |
|
||
2009 49 93 |
|
||
2009 49 99 |
|
||
|
|
||
2009 69 |
|
||
|
|
||
2009 69 11 |
|
||
2009 69 19 |
|
||
|
|
||
|
|
||
2009 69 51 |
|
||
2009 69 59 |
|
||
|
|
||
|
|
||
2009 69 71 |
|
||
2009 69 79 |
|
||
2009 69 90 |
|
||
|
|
||
2009 79 |
|
||
|
|
||
2009 79 11 |
|
||
2009 79 19 |
|
||
|
|
||
2009 79 30 |
|
||
|
|
||
2009 79 91 |
|
||
2009 79 93 |
|
||
2009 79 99 |
|
||
2009 80 |
|
||
|
|
||
|
|
||
2009 80 11 |
|
||
2009 80 19 |
|
||
|
|
||
|
|
||
2009 80 34 |
|
||
2009 80 35 |
|
||
|
|
||
2009 80 36 |
|
||
2009 80 38 |
|
||
2009 90 |
|
||
|
|
||
|
|
||
2009 90 11 |
|
||
2009 90 19 |
|
||
|
|
||
2009 90 21 |
|
||
2009 90 29 |
|
||
2106 |
Food preparations not elsewhere specified or included: |
||
2106 90 |
|
||
|
|
||
2106 90 30 |
|
||
|
|
||
2106 90 51 |
|
||
2106 90 55 |
|
||
2106 90 59 |
|
||
2302 |
Bran, sharps and other residues, whether or not in the form of pellets derived from the sifting, milling or other working of cereals or of leguminous plants: |
||
2302 10 |
|
||
2302 10 10 |
|
||
2302 10 90 |
|
||
2302 30 |
|
||
2302 30 10 |
|
||
2302 30 90 |
|
||
2302 40 |
|
||
|
|
||
2302 40 02 |
|
||
2302 40 08 |
|
||
|
|
||
2302 40 10 |
|
||
2302 40 90 |
|
||
2302 50 00 |
|
||
2303 |
Residues of starch manufacture and similar residues, beet-pulp, bagasse and other waste of sugar manufacture, brewing or distilling dregs and waste, whether or not in the form of pellets: |
||
2303 10 |
|
||
|
|
||
2303 10 11 |
|
||
2303 10 19 |
|
||
2303 20 |
|
||
2303 20 90 |
|
||
2303 30 00 |
|
||
2304 00 00 |
Oil-cake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soya-bean oil |
||
2305 00 00 |
Oil-cake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil |
||
2306 |
Oil-cake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of vegetable fats or oils, other than those of heading 2304 or 2305 : |
||
2306 10 00 |
|
||
2306 20 00 |
|
||
2306 30 00 |
|
||
|
|
||
2306 41 00 |
|
||
2306 49 00 |
|
||
2306 90 |
|
||
2306 90 05 |
|
||
|
|
||
|
|
||
2306 90 11 |
|
||
2306 90 19 |
|
||
2306 90 90 |
|
||
2308 00 |
Vegetable materials and vegetable waste, vegetable residues and by-products, whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included: |
||
|
|
||
2308 00 11 |
|
||
2308 00 19 |
|
||
2308 00 40 |
|
||
2308 00 90 |
|
||
2309 |
Preparations of a kind used in animal feeding: |
||
2309 90 |
|
||
2309 90 10 |
|
||
2309 90 20 |
|
||
|
|
||
|
|
||
|
|
||
|
|
||
2309 90 31 |
|
||
2309 90 33 |
|
||
2309 90 35 |
|
||
2309 90 39 |
|
||
|
|
||
2309 90 41 |
|
||
2309 90 43 |
|
||
2309 90 49 |
|
||
|
|
||
2309 90 51 |
|
||
2309 90 53 |
|
||
2309 90 59 |
|
||
2309 90 70 |
|
||
|
|
||
2309 90 91 |
|
||
|
|
||
2309 90 95 |
|
||
2309 90 99 |
|
||
3301 |
Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic by-products of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils: |
||
|
|
||
3301 12 |
|
||
3301 12 10 |
|
||
3301 12 90 |
|
||
3301 13 |
|
||
3301 13 10 |
|
||
3301 13 90 |
|
||
3301 19 |
|
||
3301 19 20 |
|
||
3301 19 80 |
|
||
|
|
||
3301 24 |
|
||
3301 24 10 |
|
||
3301 24 90 |
|
||
3301 25 |
|
||
3301 25 10 |
|
||
3301 25 90 |
|
||
3301 29 |
|
||
|
|
||
3301 29 11 |
|
||
3301 29 31 |
|
||
|
|
||
3301 29 41 |
|
||
|
|
||
3301 29 71 |
|
||
3301 29 79 |
|
||
3301 29 91 |
|
||
3301 30 00 |
|
||
3302 |
Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages: |
||
3302 10 |
|
||
|
|
||
3302 10 40 |
|
||
3302 10 90 |
|
||
3501 |
Casein, caseinates and other casein derivatives; casein glues: |
||
3501 90 |
|
||
3501 90 10 |
|
||
3502 |
Albumins (including concentrates of two or more whey proteins, containing by weight more than 80 % whey proteins, calculated on the dry matter), albuminates and other albumin derivates: |
||
|
|
||
3502 11 |
|
||
3502 11 10 |
|
||
3502 11 90 |
|
||
3502 19 |
|
||
3502 19 10 |
|
||
3502 19 90 |
|
||
3502 20 |
|
||
3502 20 10 |
|
||
|
|
||
3502 20 91 |
|
||
3502 20 99 |
|
||
3502 90 |
|
||
|
|
||
3502 90 20 |
|
||
3502 90 70 |
|
||
3502 90 90 |
|
||
3503 00 |
Gelatin (including gelatin in rectangular (including square) sheets, whether or not surface-worked or coloured) and gelatin derivatives; isinglass; other glues of animal origin, excluding casein glues of heading 3501 : |
||
3503 00 10 |
|
||
3503 00 80 |
|
||
3504 00 00 |
Peptones and their derivatives; other protein substances and their derivatives, not elsewhere specified or included; hide powder, whether or not chromed |
||
3505 |
Dextrins and other modified starches (for example, pregelatinised or esterified starches); glues based on starches, or on dextrins or other modified starches: |
||
3505 10 |
|
||
|
|
||
3505 10 50 |
|
||
4101 |
Raw hides and skins of bovine (including buffalo) or equine animals (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or further prepared), whether or not dehaired or split: |
||
4101 20 |
|
||
4101 20 10 |
|
||
4101 20 30 |
|
||
4101 20 50 |
|
||
4101 20 90 |
|
||
4101 50 |
|
||
4101 50 10 |
|
||
4101 50 30 |
|
||
4101 50 50 |
|
||
4101 50 90 |
|
||
4101 90 00 |
|
||
4102 |
Raw skins of sheep or lambs (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or further prepared), whether or not with wool on or split, other than those excluded by note 1(c) to this chapter: |
||
4102 10 |
|
||
4102 10 10 |
|
||
4102 10 90 |
|
||
|
|
||
4102 21 00 |
|
||
4102 29 00 |
|
||
4103 |
Other raw hides and skins (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or further prepared), whether or not dehaired or split, other than those excluded by note 1(b) or 1(c) to this chapter: |
||
4103 20 00 |
|
||
4103 30 00 |
|
||
4103 90 |
|
||
4103 90 10 |
|
||
4103 90 90 |
|
||
4301 |
Raw fur skins (including heads, tails, paws and other pieces or cuttings, suitable for furriers' use), other than raw hides and skins of heading 4101 , 4102 or 4103 : |
||
4301 10 00 |
|
||
4301 30 00 |
|
||
4301 60 00 |
|
||
4301 80 |
|
||
4301 80 30 |
|
||
4301 80 50 |
|
||
4301 80 80 |
|
||
4301 90 00 |
|
||
5001 00 00 |
Silkworm cocoons suitable for reeling |
||
5002 00 00 |
Raw silk (not thrown) |
||
5003 00 00 |
Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock) |
ANNEX III(b)
MONTENEGRIN TARIFF CONCESSIONS FOR AGRICULTURAL PRIMARY PRODUCTS ORIGINATING IN THE COMMUNITY
(referred to in Article 27(2)(b))
Customs duties for the products listed in this Annex will be reduced and eliminated in accordance with the timetable indicated for each product in this Annex:
— |
on the date of entry into force of this Agreement, the import duty will be reduced to 80 % of the customs duties |
— |
on 1 January of the first year following the date of entry into force of this Agreement, the import duty will be reduced to 60 % of the customs duties |
— |
on 1 January of the second year following the date of entry into force of this Agreement, the import duty will be reduced to 40 % of the customs duties |
— |
on 1 January of the third year following the date of entry into force of this Agreement, the import duty will be reduced to 20 % of the customs duties |
— |
on 1 January of the fourth year following the date of entry into force of this Agreement, the import duty will be reduced to 0 % of the customs duties |
CN code |
Description |
||
0102 |
Live bovine animals: |
||
0102 90 |
|
||
|
|
||
0102 90 05 |
|
||
|
|
||
0102 90 21 |
|
||
0102 90 29 |
|
||
|
|
||
0102 90 41 |
|
||
0102 90 49 |
|
||
|
|
||
|
|
||
0102 90 51 |
|
||
0102 90 59 |
|
||
|
|
||
0102 90 61 |
|
||
0102 90 69 |
|
||
|
|
||
0102 90 71 |
|
||
0102 90 79 |
|
||
0102 90 90 |
|
||
0103 |
Live swine: |
||
|
|
||
0103 91 |
|
||
0103 91 10 |
|
||
0103 91 90 |
|
||
0103 92 |
|
||
|
|
||
0103 92 11 |
|
||
0103 92 19 |
|
||
0103 92 90 |
|
||
0105 |
Live poultry, that is to say, fowls of the species Gallus domesticus, ducks, geese, turkeys and guinea fowls: |
||
|
|
||
0105 11 |
|
||
|
|
||
0105 11 19 |
|
||
|
|
||
0105 11 99 |
|
||
|
|
||
0105 94 00 |
|
||
0105 99 |
|
||
0105 99 10 |
|
||
0105 99 20 |
|
||
0105 99 30 |
|
||
0105 99 50 |
|
||
0203 |
Meat of swine, fresh, chilled or frozen: |
||
|
|
||
0203 11 |
|
||
0203 11 10 |
|
||
0203 11 90 |
|
||
0203 12 |
|
||
|
|
||
0203 12 11 |
|
||
0203 12 19 |
|
||
0203 12 90 |
|
||
0203 19 |
|
||
|
|
||
0203 19 11 |
|
||
0203 19 13 |
|
||
0203 19 15 |
|
||
|
|
||
0203 19 55 |
|
||
0203 19 59 |
|
||
0203 19 90 |
|
||
|
|
||
0203 21 |
|
||
0203 21 10 |
|
||
0203 21 90 |
|
||
0203 22 |
|
||
|
|
||
0203 22 11 |
|
||
0203 22 19 |
|
||
0203 22 90 |
|
||
0203 29 |
|
||
|
|
||
0203 29 11 |
|
||
0203 29 13 |
|
||
0203 29 15 |
|
||
|
|
||
0203 29 55 |
|
||
0203 29 59 |
|
||
0203 29 90 |
|
||
0207 |
Meat and edible offal, of the poultry of heading 0105 , fresh, chilled or frozen: |
||
|
|
||
0207 24 |
|
||
0207 24 10 |
|
||
0207 24 90 |
|
||
0207 25 |
|
||
0207 25 10 |
|
||
0207 25 90 |
|
||
0207 26 |
|
||
|
|
||
0207 26 10 |
|
||
|
|
||
0207 26 20 |
|
||
0207 26 30 |
|
||
0207 26 40 |
|
||
0207 26 50 |
|
||
|
|
||
0207 26 60 |
|
||
0207 26 70 |
|
||
0207 26 80 |
|
||
|
|
||
0207 26 91 |
|
||
0207 26 99 |
|
||
0207 27 |
|
||
|
|
||
0207 27 10 |
|
||
|
|
||
0207 27 20 |
|
||
0207 27 30 |
|
||
0207 27 40 |
|
||
0207 27 50 |
|
||
|
|
||
0207 27 60 |
|
||
0207 27 70 |
|
||
0207 27 80 |
|
||
|
|
||
0207 27 91 |
|
||
0207 27 99 |
|
||
|
|
||
0207 32 |
|
||
|
|
||
0207 32 11 |
|
||
0207 32 15 |
|
||
0207 32 19 |
|
||
|
|
||
0207 32 51 |
|
||
0207 32 59 |
|
||
0207 32 90 |
|
||
0207 33 |
|
||
|
|
||
0207 33 11 |
|
||
0207 33 19 |
|
||
|
|
||
0207 33 51 |
|
||
0207 33 59 |
|
||
0207 33 90 |
|
||
0207 34 |
|
||
0207 34 10 |
|
||
0207 34 90 |
|
||
0207 35 |
|
||
|
|
||
|
|
||
0207 35 11 |
|
||
0207 35 15 |
|
||
|
|
||
|
|
||
0207 35 21 |
|
||
0207 35 23 |
|
||
0207 35 25 |
|
||
0207 35 31 |
|
||
0207 35 41 |
|
||
|
|
||
0207 35 51 |
|
||
0207 35 53 |
|
||
|
|
||
0207 35 61 |
|
||
0207 35 63 |
|
||
0207 35 71 |
|
||
0207 35 79 |
|
||
|
|
||
0207 35 91 |
|
||
0207 35 99 |
|
||
0207 36 |
|
||
|
|
||
|
|
||
0207 36 11 |
|
||
0207 36 15 |
|
||
|
|
||
|
|
||
0207 36 21 |
|
||
0207 36 23 |
|
||
0207 36 25 |
|
||
0207 36 31 |
|
||
0207 36 41 |
|
||
|
|
||
0207 36 51 |
|
||
0207 36 53 |
|
||
|
|
||
0207 36 61 |
|
||
0207 36 63 |
|
||
0207 36 71 |
|
||
0207 36 79 |
|
||
|
|
||
|
|
||
0207 36 81 |
|
||
0207 36 85 |
|
||
0207 36 89 |
|
||
0207 36 90 |
|
||
0209 00 |
Pig fat, free of lean meet, and poultry fat, not rendered or otherwise extracted, fresh, chilled, frozen, salted, in brine, dried or smoked: |
||
|
|
||
0209 00 11 |
|
||
0209 00 19 |
|
||
0209 00 30 |
|
||
0209 00 90 |
|
||
0404 |
Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included: |
||
0404 10 |
|
||
|
|
||
|
|
||
|
|
||
0404 10 02 |
|
||
0404 10 04 |
|
||
0404 10 06 |
|
||
|
|
||
0404 10 12 |
|
||
0404 10 14 |
|
||
0404 10 16 |
|
||
|
|
||
|
|
||
0404 10 26 |
|
||
0404 10 28 |
|
||
0404 10 32 |
|
||
|
|
||
0404 10 34 |
|
||
0404 10 36 |
|
||
0404 10 38 |
|
||
|
|
||
|
|
||
|
|
||
0404 10 48 |
|
||
0404 10 52 |
|
||
0404 10 54 |
|
||
|
|
||
0404 10 56 |
|
||
0404 10 58 |
|
||
0404 10 62 |
|
||
|
|
||
|
|
||
0404 10 72 |
|
||
0404 10 74 |
|
||
0404 10 76 |
|
||
|
|
||
0404 10 78 |
|
||
0404 10 82 |
|
||
0404 10 84 |
|
||
0404 90 |
|
||
|
|
||
0404 90 21 |
|
||
0404 90 23 |
|
||
0404 90 29 |
|
||
|
|
||
0404 90 81 |
|
||
0404 90 83 |
|
||
0404 90 89 |
|
||
0407 00 |
Birds' eggs, in shell, fresh, preserved or cooked: |
||
|
|
||
0407 00 30 |
|
||
0407 00 90 |
|
||
0408 |
Birds' eggs, not in shell, and egg yolks, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter: |
||
|
|
||
0408 11 |
|
||
0408 11 80 |
|
||
0408 19 |
|
||
|
|
||
0408 19 81 |
|
||
0408 19 89 |
|
||
|
|
||
0408 91 |
|
||
0408 91 80 |
|
||
0408 99 |
|
||
0408 99 80 |
|
||
0602 |
Other live plants (including their roots), cuttings and slips; mushroom spawn: |
||
0602 10 |
|
||
0602 10 90 |
|
||
0602 20 |
|
||
0602 20 10 |
|
||
0602 30 00 |
|
||
0602 40 |
|
||
0602 40 10 |
|
||
0602 40 90 |
|
||
0602 90 |
|
||
0602 90 30 |
|
||
|
|
||
|
|
||
|
|
||
0602 90 41 |
|
||
|
|
||
0602 90 45 |
|
||
0602 90 49 |
|
||
|
|
||
0602 90 51 |
|
||
0602 90 59 |
|
||
|
|
||
0602 90 70 |
|
||
|
|
||
0602 90 91 |
|
||
0602 90 99 |
|
||
0603 |
Cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared: |
||
|
|
||
0603 11 00 |
|
||
0603 12 00 |
|
||
0603 13 00 |
|
||
0603 14 00 |
|
||
0603 19 |
|
||
0603 19 10 |
|
||
0603 19 90 |
|
||
0603 90 00 |
|
||
0703 |
Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled: |
||
0703 10 |
|
||
|
|
||
0703 10 11 |
|
||
0703 10 19 |
|
||
0703 10 90 |
|
||
0703 20 00 |
|
||
0703 90 00 |
|
||
0704 |
Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh and chilled: |
||
0704 90 |
|
||
0704 90 90 |
|
||
0705 |
Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled: |
||
|
|
||
0705 11 00 |
|
||
0705 19 00 |
|
||
|
|
||
0705 21 00 |
|
||
0705 29 00 |
|
||
0706 |
Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled: |
||
0706 10 00 |
|
||
0706 90 |
|
||
0706 90 10 |
|
||
0706 90 30 |
|
||
0706 90 90 |
|
||
0708 |
Leguminous vegetables, shelled or unshelled, fresh or chilled: |
||
0708 10 00 |
|
||
0708 20 00 |
|
||
0708 90 00 |
|
||
0709 |
Other vegetables, fresh or chilled: |
||
0709 20 00 |
|
||
0709 30 00 |
|
||
0709 40 00 |
|
||
|
|
||
0709 51 00 |
|
||
0709 59 |
|
||
0709 59 10 |
|
||
0709 59 30 |
|
||
0709 59 50 |
|
||
0709 59 90 |
|
||
0709 90 |
|
||
0709 90 10 |
|
||
0709 90 20 |
|
||
|
|
||
0709 90 31 |
|
||
0709 90 39 |
|
||
0709 90 40 |
|
||
0709 90 50 |
|
||
0709 90 60 |
|
||
0709 90 70 |
|
||
0709 90 80 |
|
||
0709 90 90 |
|
||
0710 |
Vegetables (uncooked or cooked by steaming or boiling in water), frozen: |
||
0710 10 00 |
|
||
|
|
||
0710 21 00 |
|
||
0710 22 00 |
|
||
0710 29 00 |
|
||
0710 30 00 |
|
||
0710 80 |
|
||
0710 80 10 |
|
||
|
|
||
0710 80 51 |
|
||
0710 80 59 |
|
||
|
|
||
0710 80 61 |
|
||
0710 80 69 |
|
||
0710 80 70 |
|
||
0710 80 80 |
|
||
0710 80 85 |
|
||
0710 80 95 |
|
||
0710 90 00 |
|
||
0711 |
Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption: |
||
0711 20 |
|
||
0711 20 10 |
|
||
0711 20 90 |
|
||
0711 40 00 |
|
||
|
|
||
0711 51 00 |
|
||
0711 59 00 |
|
||
0711 90 |
|
||
|
|
||
0711 90 10 |
|
||
0711 90 50 |
|
||
0711 90 80 |
|
||
0711 90 90 |
|
||
0712 |
Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared: |
||
0712 20 00 |
|
||
|
|
||
0712 31 00 |
|
||
0712 32 00 |
|
||
0712 33 00 |
|
||
0712 39 00 |
|
||
0712 90 |
|
||
0712 90 05 |
|
||
|
|
||
0712 90 19 |
|
||
0712 90 30 |
|
||
0712 90 50 |
|
||
0712 90 90 |
|
||
0713 |
Dried leguminous vegetables, shelled, whether or not skinned or split: |
||
0713 10 |
|
||
0713 10 90 |
|
||
0713 20 00 |
|
||
|
|
||
0713 31 00 |
|
||
0713 32 00 |
|
||
0803 00 |
Bananas, including plantains, fresh or dried: |
||
|
|
||
0803 00 11 |
|
||
0803 00 19 |
|
||
0803 00 90 |
|
||
0804 |
Dates, figs, pineapples, avocados, guavas, mangoes and mangosteens, fresh or dried: |
||
0804 20 |
|
||
0804 20 10 |
|
||
0804 20 90 |
|
||
0805 |
Citrus fruit, fresh or dried: |
||
0805 10 |
|
||
0805 10 20 |
|
||
0805 10 80 |
|
||
0805 40 00 |
|
||
0805 50 |
|
||
0805 50 10 |
|
||
0805 50 90 |
|
||
0805 90 00 |
|
||
0807 |
Melons (including watermelons) and papaws (papayas), fresh: |
||
|
|
||
0807 19 00 |
|
||
0807 20 00 |
|
||
0810 |
Other fruits, fresh: |
||
0810 40 |
|
||
0810 40 10 |
|
||
0810 40 30 |
|
||
0810 40 50 |
|
||
0810 40 90 |
|
||
0811 |
Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter: |
||
0811 10 |
|
||
|
|
||
0811 10 11 |
|
||
0811 10 19 |
|
||
0811 10 90 |
|
||
0811 20 |
|
||
|
|
||
0811 20 11 |
|
||
0811 20 19 |
|
||
|
|
||
0811 20 31 |
|
||
0811 20 39 |
|
||
0811 20 51 |
|
||
0811 20 59 |
|
||
0811 20 90 |
|
||
0811 90 |
|
||
|
|
||
|
|
||
0811 90 75 |
|
||
0811 90 80 |
|
||
0811 90 95 |
|
||
ex 0811 90 95 |
|
||
ex 0811 90 95 |
|
||
ex 0811 90 95 |
|
||
0812 |
Fruit and nuts, provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption: |
||
0812 10 00 |
|
||
0812 90 |
|
||
0812 90 10 |
|
||
0812 90 20 |
|
||
0812 90 30 |
|
||
0812 90 40 |
|
||
0812 90 98 |
|
||
ex 0812 90 98 |
|
||
ex 0812 90 98 |
|
||
ex 0812 90 98 |
|
||
0813 |
Fruit, dried, other than that of headings 0801 to 0806 ; mixtures of nuts or dried fruits of this chapter: |
||
0813 10 00 |
|
||
0813 20 00 |
|
||
0813 30 00 |
|
||
0813 40 |
|
||
0813 40 10 |
|
||
0813 40 30 |
|
||
0901 |
Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion: |
||
|
|
||
0901 21 00 |
|
||
0901 22 00 |
|
||
0901 90 |
|
||
0901 90 10 |
|
||
0901 90 90 |
|
||
1101 00 |
Wheat or meslin flour: |
||
|
|
||
1101 00 11 |
|
||
1101 00 15 |
|
||
1101 00 90 |
|
||
1501 00 |
Pig fat (including lard) and poultry fat, other than that of heading 0209 or 1503 : |
||
1501 00 90 |
|
||
1603 00 |
Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates: |
||
1603 00 10 |
|
||
1603 00 80 |
|
||
1702 |
Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel: |
||
1702 90 |
|
||
1702 90 60 |
|
||
2001 |
Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid: |
||
2001 10 00 |
|
||
2001 90 |
|
||
2001 90 10 |
|
||
2001 90 20 |
|
||
2001 90 50 |
|
||
2001 90 65 |
|
||
2001 90 70 |
|
||
2001 90 91 |
|
||
2001 90 93 |
|
||
2001 90 99 |
|
||
2002 |
Tomatoes prepared or preserved otherwise than by vinegar or acetic acid: |
||
2002 10 |
|
||
2002 10 10 |
|
||
2002 10 90 |
|
||
2002 90 |
|
||
|
|
||
2002 90 11 |
|
||
2002 90 19 |
|
||
|
|
||
2002 90 31 |
|
||
2002 90 39 |
|
||
|
|
||
2002 90 91 |
|
||
2002 90 99 |
|
||
2003 |
Mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid: |
||
2003 10 |
|
||
2003 10 20 |
|
||
2003 10 30 |
|
||
2003 20 00 |
|
||
2003 90 00 |
|
||
2004 |
Other vegetables prepared or preserved otherwise than by vinegar or vinegar or acetic acid, frozen, other than products of heading 2006 : |
||
2004 10 |
|
||
2004 10 10 |
|
||
|
|
||
2004 10 99 |
|
||
2004 90 |
|
||
2004 90 30 |
|
||
2004 90 50 |
|
||
|
|
||
2004 90 91 |
|
||
2004 90 98 |
|
||
2005 |
Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 : |
||
2005 10 00 |
|
||
2005 20 |
|
||
|
|
||
2005 20 20 |
|
||
2005 20 80 |
|
||
2005 40 00 |
|
||
|
|
||
2005 51 00 |
|
||
2005 59 00 |
|
||
2005 60 00 |
|
||
2005 70 |
|
||
2005 70 10 |
|
||
2005 70 90 |
|
||
|
|
||
2005 91 00 |
|
||
2005 99 |
|
||
2005 99 10 |
|
||
2005 99 20 |
|
||
2005 99 30 |
|
||
2005 99 40 |
|
||
2005 99 50 |
|
||
2005 99 60 |
|
||
2005 99 90 |
|
||
2006 00 |
Vegetables, fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallized): |
||
2006 00 10 |
|
||
|
|
||
|
|
||
2006 00 31 |
|
||
2006 00 35 |
|
||
2006 00 38 |
|
||
|
|
||
2006 00 91 |
|
||
2006 00 99 |
|
||
2007 |
Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, obtained by cooking, whether or not containing added sugar or other sweetening matter: |
||
2007 10 |
|
||
2007 10 10 |
|
||
|
|
||
2007 10 91 |
|
||
2007 10 99 |
|
||
|
|
||
2007 91 |
|
||
2007 91 10 |
|
||
2007 91 30 |
|
||
2007 91 90 |
|
||
2007 99 |
|
||
|
|
||
2007 99 10 |
|
||
2007 99 20 |
|
||
|
|
||
2007 99 31 |
|
||
2007 99 33 |
|
||
2007 99 35 |
|
||
2007 99 39 |
|
||
|
|
||
2007 99 55 |
|
||
2007 99 57 |
|
||
|
|
||
2007 99 91 |
|
||
2007 99 93 |
|
||
2008 |
Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: |
||
|
|
||
2008 11 |
|
||
|
|
||
|
|
||
2008 11 92 |
|
||
2008 11 94 |
|
||
|
|
||
2008 11 96 |
|
||
2008 11 98 |
|
||
2008 19 |
|
||
|
|
||
2008 19 11 |
|
||
|
|
||
2008 19 13 |
|
||
|
|
||
2008 19 91 |
|
||
|
|
||
|
|
||
2008 19 93 |
|
||
2008 19 95 |
|
||
2008 19 99 |
|
||
2008 20 |
|
||
|
|
||
|
|
||
2008 20 11 |
|
||
2008 20 19 |
|
||
|
|
||
2008 20 31 |
|
||
2008 20 39 |
|
||
|
|
||
|
|
||
2008 20 51 |
|
||
2008 20 59 |
|
||
|
|
||
2008 20 71 |
|
||
2008 20 79 |
|
||
2008 20 90 |
|
||
2008 30 |
|
||
|
|
||
|
|
||
2008 30 11 |
|
||
2008 30 19 |
|
||
|
|
||
2008 30 31 |
|
||
2008 30 39 |
|
||
|
|
||
|
|
||
2008 30 51 |
|
||
2008 30 55 |
|
||
2008 30 59 |
|
||
|
|
||
2008 30 71 |
|
||
2008 30 75 |
|
||
2008 30 79 |
|
||
2008 30 90 |
|
||
2008 40 |
|
||
|
|
||
|
|
||
|
|
||
2008 40 11 |
|
||
2008 40 19 |
|
||
|
|
||
2008 40 21 |
|
||
2008 40 29 |
|
||
|
|
||
2008 40 31 |
|
||
2008 40 39 |
|
||
|
|
||
|
|
||
2008 40 51 |
|
||
2008 40 59 |
|
||
|
|
||
2008 40 71 |
|
||
2008 40 79 |
|
||
|
|
||
2008 50 |
|
||
|
|
||
|
|
||
|
|
||
2008 50 11 |
|
||
2008 50 19 |
|
||
|
|
||
2008 50 31 |
|
||
2008 50 39 |
|
||
|
|
||
2008 50 51 |
|
||
2008 50 59 |
|
||
|
|
||
|
|
||
2008 50 61 |
|
||
2008 50 69 |
|
||
|
|
||
2008 50 71 |
|
||
2008 50 79 |
|
||
|
|
||
2008 50 92 |
|
||
2008 50 94 |
|
||
2008 50 99 |
|
||
2008 60 |
|
||
|
|
||
|
|
||
2008 60 11 |
|
||
2008 60 19 |
|
||
|
|
||
2008 60 31 |
|
||
2008 60 39 |
|
||
|
|
||
|
|
||
2008 60 50 |
|
||
2008 60 60 |
|
||
|
|
||
2008 60 70 |
|
||
2008 60 90 |
|
||
2008 70 |
|
||
|
|
||
|
|
||
|
|
||
2008 70 11 |
|
||
2008 70 19 |
|
||
|
|
||
2008 70 31 |
|
||
2008 70 39 |
|
||
|
|
||
2008 70 51 |
|
||
2008 70 59 |
|
||
|
|
||
|
|
||
2008 70 61 |
|
||
2008 70 69 |
|
||
|
|
||
2008 70 71 |
|
||
2008 70 79 |
|
||
|
|
||
2008 70 92 |
|
||
2008 70 98 |
|
||
2008 80 |
|
||
|
|
||
|
|
||
2008 80 11 |
|
||
2008 80 19 |
|
||
|
|
||
2008 80 31 |
|
||
2008 80 39 |
|
||
|
|
||
2008 80 50 |
|
||
2008 80 70 |
|
||
2008 80 90 |
|
||
|
|
||
2008 92 |
|
||
|
|
||
|
|
||
|
|
||
2008 92 12 |
|
||
2008 92 14 |
|
||
|
|
||
2008 92 16 |
|
||
2008 92 18 |
|
||
|
|
||
|
|
||
2008 92 32 |
|
||
2008 92 34 |
|
||
|
|
||
2008 92 36 |
|
||
2008 92 38 |
|
||
|
|
||
|
|
||
|
|
||
2008 92 51 |
|
||
2008 92 59 |
|
||
|
|
||
|
|
||
2008 92 72 |
|
||
2008 92 74 |
|
||
|
|
||
2008 92 76 |
|
||
2008 92 78 |
|
||
|
|
||
|
|
||
2008 92 92 |
|
||
2008 92 93 |
|
||
|
|
||
2008 92 94 |
|
||
2008 92 96 |
|
||
|
|
||
2008 92 97 |
|
||
2008 92 98 |
|
||
2008 99 |
|
||
|
|
||
|
|
||
2008 99 11 |
|
||
2008 99 19 |
|
||
|
|
||
2008 99 21 |
|
||
2008 99 23 |
|
||
|
|
||
|
|
||
|
|
||
2008 99 24 |
|
||
2008 99 28 |
|
||
|
|
||
2008 99 31 |
|
||
2008 99 34 |
|
||
|
|
||
|
|
||
2008 99 36 |
|
||
2008 99 37 |
|
||
|
|
||
2008 99 38 |
|
||
2008 99 40 |
|
||
|
|
||
|
|
||
2008 99 41 |
|
||
2008 99 43 |
|
||
2008 99 45 |
|
||
2008 99 46 |
|
||
2008 99 47 |
|
||
2008 99 49 |
|
||
|
|
||
2008 99 51 |
|
||
2008 99 61 |
|
||
2008 99 62 |
|
||
2008 99 67 |
|
||
|
|
||
|
|
||
2008 99 72 |
|
||
2008 99 78 |
|
||
2008 99 99 |
|
||
2009 |
Fruit juices (including grape must) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter: |
||
|
|
||
2009 12 00 |
|
||
|
|
||
2009 21 00 |
|
||
|
|
||
2009 31 |
|
||
|
|
||
2009 31 11 |
|
||
2009 31 19 |
|
||
|
|
||
|
|
||
2009 31 51 |
|
||
2009 31 59 |
|
||
|
|
||
2009 31 91 |
|
||
2009 31 99 |
|
||
|
|
||
2009 41 |
|
||
2009 41 10 |
|
||
|
|
||
2009 41 91 |
|
||
2009 41 99 |
|
||
2009 50 |
|
||
2009 50 10 |
|
||
2009 50 90 |
|
||
|
|
||
2009 61 |
|
||
2009 61 10 |
|
||
2009 61 90 |
|
||
|
|
||
2009 71 |
|
||
2009 71 10 |
|
||
|
|
||
2009 71 91 |
|
||
2009 71 99 |
|
||
2009 80 |
|
||
|
|
||
|
|
||
2009 80 50 |
|
||
|
|
||
2009 80 61 |
|
||
2009 80 63 |
|
||
2009 80 69 |
|
||
|
|
||
|
|
||
2009 80 71 |
|
||
2009 80 73 |
|
||
2009 80 79 |
|
||
|
|
||
|
|
||
2009 80 85 |
|
||
2009 80 86 |
|
||
|
|
||
2009 80 88 |
|
||
2009 80 89 |
|
||
|
|
||
2009 80 95 |
|
||
2009 80 96 |
|
||
2009 80 97 |
|
||
2009 80 99 |
|
||
2009 90 |
|
||
|
|
||
|
|
||
2009 90 31 |
|
||
2009 90 39 |
|
||
|
|
||
|
|
||
|
|
||
2009 90 41 |
|
||
2009 90 49 |
|
||
|
|
||
2009 90 51 |
|
||
2009 90 59 |
|
||
|
|
||
|
|
||
2009 90 71 |
|
||
2009 90 73 |
|
||
2009 90 79 |
|
||
|
|
||
|
|
||
2009 90 92 |
|
||
2009 90 94 |
|
||
|
|
||
2009 90 95 |
|
||
2009 90 96 |
|
||
|
|
||
2009 90 97 |
|
||
2009 90 98 |
|
||
2206 00 |
Other fermented beverages (for example, cider, perry, mead); mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included: |
||
2206 00 10 |
|
||
|
|
||
|
|
||
2206 00 31 |
|
||
2206 00 39 |
|
||
|
|
||
|
|
||
2206 00 51 |
|
||
2206 00 59 |
|
||
|
|
||
2206 00 81 |
|
||
2206 00 89 |
|
||
2209 00 |
Vinegar and substitutes for vinegar obtained from acetic acid: |
||
|
|
||
2209 00 11 |
|
||
2209 00 19 |
|
||
|
|
||
2209 00 91 |
|
||
2209 00 99 |
|
||
2309 |
Preparations of a kind used in animal feeding: |
||
2309 10 |
|
||
|
|
||
|
|
||
|
|
||
2309 10 11 |
|
||
2309 10 13 |
|
||
2309 10 15 |
|
||
2309 10 19 |
|
||
|
|
||
2309 10 31 |
|
||
2309 10 33 |
|
||
2309 10 39 |
|
||
|
|
||
2309 10 51 |
|
||
2309 10 53 |
|
||
2309 10 59 |
|
||
2309 10 70 |
|
||
2309 10 90 |
|
||
2401 |
Unmanufactured tobacco; tobacco refuse: |
||
2401 10 |
|
||
|
|
||
2401 10 10 |
|
||
2401 10 20 |
|
||
2401 10 30 |
|
||
|
|
||
2401 10 41 |
|
||
2401 10 49 |
|
||
|
|
||
2401 10 50 |
|
||
2401 10 60 |
|
||
2401 10 70 |
|
||
2401 10 80 |
|
||
2401 10 90 |
|
||
2401 20 |
|
||
|
|
||
2401 20 10 |
|
||
2401 20 20 |
|
||
2401 20 30 |
|
||
|
|
||
2401 20 41 |
|
||
2401 20 49 |
|
||
|
|
||
2401 20 50 |
|
||
2401 20 60 |
|
||
2401 20 70 |
|
||
2401 20 80 |
|
||
2401 20 90 |
|
||
2401 30 00 |
|
ANNEX III(c)
MONTENEGRIN TARIFF CONCESSIONS FOR AGRICULTURAL PRIMARY PRODUCTS ORIGINATING IN THE COMMUNITY
(referred to in Article 27(2)(c))
Customs duties for the products listed in this Annex will be reduced to 50 % in accordance with the timetable indicated for each product in this Annex:
— |
on the date of entry into force of this Agreement, the import duty will be reduced to 90 % of the customs duties |
— |
on 1 January of the first year following the date of entry into force of this Agreement, the import duty will be reduced to 80 % of the customs duties |
— |
on 1 January of the second year following the date of entry into force of this Agreement, the import duty will be reduced to 70 % of the customs duties |
— |
on 1 January of the third year following the date of entry into force of this Agreement, the import duty will be reduced to 60 % of the customs duties |
— |
on 1 January of the fourth year following the date of entry into force of this Agreement, the import duty will be reduced to 50 % of the customs duties |
CN code |
Description |
||
0104 |
Live sheep and goats: |
||
0104 10 |
|
||
|
|
||
0104 10 30 |
|
||
0104 10 80 |
|
||
0104 20 |
|
||
0104 20 90 |
|
||
0201 |
Meat of bovine animals, fresh or chilled: |
||
0201 10 00 |
|
||
ex 0201 10 00 |
|
||
ex 0201 10 00 |
|
||
ex 0201 10 00 |
|
||
0201 20 |
|
||
0201 20 20 |
|
||
ex 0201 20 20 |
|
||
ex 0201 20 20 |
|
||
ex 0201 20 20 |
|
||
0201 20 30 |
|
||
ex 0201 20 30 |
|
||
ex 0201 20 30 |
|
||
ex 0201 20 30 |
|
||
0201 20 50 |
|
||
ex 0201 20 50 |
|
||
ex 0201 20 50 |
|
||
ex 0201 20 50 |
|
||
0201 20 90 |
|
||
ex 0201 20 90 |
|
||
ex 0201 20 90 |
|
||
ex 0201 20 90 |
|
||
0201 30 00 |
|
||
ex 0201 30 00 |
|
||
ex 0201 30 00 |
|
||
ex 0201 30 00 |
|
||
0202 |
Meat of bovine animals, frozen: |
||
0202 10 00 |
|
||
ex 0202 10 00 |
|
||
ex 0202 10 00 |
|
||
ex 0202 10 00 |
|
||
0202 20 |
|
||
0202 20 10 |
|
||
ex 0202 20 10 |
|
||
ex 0202 20 10 |
|
||
ex 0202 20 10 |
|
||
0202 20 30 |
|
||
ex 0202 20 30 |
|
||
ex 0202 20 30 |
|
||
ex 0202 20 30 |
|
||
0202 20 50 |
|
||
ex 0202 20 50 |
|
||
ex 0202 20 50 |
|
||
ex 0202 20 50 |
|
||
0202 20 90 |
|
||
ex 0202 20 90 |
|
||
ex 0202 20 90 |
|
||
ex 0202 20 90 |
|
||
0202 30 |
|
||
0202 30 10 |
|
||
ex 0202 30 10 |
|
||
ex 0202 30 10 |
|
||
ex 0202 30 10 |
|
||
0202 30 50 |
|
||
ex 0202 30 50 |
|
||
ex 0202 30 50 |
|
||
ex 0202 30 50 |
|
||
0202 30 90 |
|
||
ex 0202 30 90 |
|
||
ex 0202 30 90 |
|
||
ex 0202 30 90 |
|
||
0204 |
Meat of sheep or goats, fresh, chilled or frozen: |
||
0204 10 00 |
|
||
|
|
||
0204 21 00 |
|
||
0204 22 |
|
||
0204 22 10 |
|
||
0204 22 30 |
|
||
0204 22 50 |
|
||
0204 22 90 |
|
||
0204 23 00 |
|
||
0204 30 00 |
|
||
|
|
||
0204 41 00 |
|
||
0204 42 |
|
||
0204 42 10 |
|
||
0204 42 30 |
|
||
0204 42 50 |
|
||
0204 42 90 |
|
||
0204 43 |
|
||
0204 43 10 |
|
||
0204 43 90 |
|
||
0204 50 |
|
||
|
|
||
0204 50 11 |
|
||
0204 50 13 |
|
||
0204 50 15 |
|
||
0204 50 19 |
|
||
|
|
||
0204 50 31 |
|
||
0204 50 39 |
|
||
|
|
||
0204 50 51 |
|
||
0204 50 53 |
|
||
0204 50 55 |
|
||
0204 50 59 |
|
||
|
|
||
0204 50 71 |
|
||
0204 50 79 |
|
||
0207 |
Meat and edible offal, of the poultry of heading 0105 , fresh, chilled or frozen: |
||
|
|
||
0207 11 |
|
||
0207 11 10 |
|
||
0207 11 30 |
|
||
0207 11 90 |
|
||
0207 12 |
|
||
0207 12 10 |
|
||
0207 12 90 |
|
||
0207 13 |
|
||
|
|
||
0207 13 10 |
|
||
|
|
||
0207 13 20 |
|
||
0207 13 30 |
|
||
0207 13 40 |
|
||
0207 13 50 |
|
||
0207 13 60 |
|
||
0207 13 70 |
|
||
|
|
||
0207 13 91 |
|
||
0207 13 99 |
|
||
0207 14 |
|
||
|
|
||
0207 14 10 |
|
||
|
|
||
0207 14 20 |
|
||
0207 14 30 |
|
||
0207 14 40 |
|
||
0207 14 50 |
|
||
0207 14 60 |
|
||
0207 14 70 |
|
||
|
|
||
0207 14 91 |
|
||
0207 14 99 |
|
||
0210 |
Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal: |
||
|
|
||
0210 11 |
|
||
|
|
||
|
|
||
0210 11 11 |
|
||
0210 11 19 |
|
||
|
|
||
0210 11 31 |
|
||
0210 11 39 |
|
||
0210 11 90 |
|
||
0210 12 |
|
||
|
|
||
0210 12 11 |
|
||
0210 12 19 |
|
||
0210 12 90 |
|
||
0210 19 |
|
||
|
|
||
|
|
||
0210 19 10 |
|
||
0210 19 20 |
|
||
0210 19 30 |
|
||
0210 19 40 |
|
||
0210 19 50 |
|
||
|
|
||
0210 19 60 |
|
||
0210 19 70 |
|
||
|
|
||
0210 19 81 |
|
||
0210 19 89 |
|
||
0210 19 90 |
|
||
0210 20 |
|
||
0210 20 10 |
|
||
0210 20 90 |
|
||
0401 |
Milk and cream, not concentrated nor containing added sugar or other sweetening matter: |
||
0401 10 |
|
||
0401 10 10 |
|
||
0401 10 90 |
|
||
0401 20 |
|
||
|
|
||
0401 20 11 |
|
||
0401 20 19 |
|
||
|
|
||
0401 20 91 |
|
||
0401 20 99 |
|
||
0401 30 |
|
||
|
|
||
0401 30 11 |
|
||
0401 30 19 |
|
||
|
|
||
0401 30 31 |
|
||
0401 30 39 |
|
||
|
|
||
0401 30 91 |
|
||
0401 30 99 |
|
||
0402 |
Milk and cream, concentrated or containing added sugar or other sweetening matter: |
||
0402 10 |
|
||
|
|
||
0402 10 11 |
|
||
0402 10 19 |
|
||
|
|
||
0402 10 91 |
|
||
0402 10 99 |
|
||
|
|
||
0402 21 |
|
||
|
|
||
0402 21 11 |
|
||
|
|
||
0402 21 17 |
|
||
0402 21 19 |
|
||
|
|
||
0402 21 91 |
|
||
0402 21 99 |
|
||
0402 29 |
|
||
|
|
||
|
|
||
0402 29 15 |
|
||
0402 29 19 |
|
||
|
|
||
0402 29 91 |
|
||
0402 29 99 |
|
||
|
|
||
0402 91 |
|
||
|
|
||
0402 91 11 |
|
||
0402 91 19 |
|
||
|
|
||
0402 91 31 |
|
||
0402 91 39 |
|
||
|
|
||
0402 91 51 |
|
||
0402 91 59 |
|
||
|
|
||
0402 91 91 |
|
||
0402 91 99 |
|
||
0402 99 |
|
||
|
|
||
0402 99 11 |
|
||
0402 99 19 |
|
||
|
|
||
0402 99 31 |
|
||
0402 99 39 |
|
||
|
|
||
0402 99 91 |
|
||
0402 99 99 |
|
||
0403 |
Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa: |
||
0403 10 |
|
||
|
|
||
|
|
||
0403 10 11 |
|
||
0403 10 13 |
|
||
0403 10 19 |
|
||
|
|
||
0403 10 31 |
|
||
0403 10 33 |
|
||
0403 10 39 |
|
||
0403 90 |
|
||
|
|
||
|
|
||
|
|
||
0403 90 11 |
|
||
0403 90 13 |
|
||
0403 90 19 |
|
||
|
|
||
0403 90 31 |
|
||
0403 90 33 |
|
||
0403 90 39 |
|
||
|
|
||
|
|
||
0403 90 51 |
|
||
0403 90 53 |
|
||
0403 90 59 |
|
||
|
|
||
0403 90 61 |
|
||
0403 90 63 |
|
||
0403 90 69 |
|
||
0405 |
Butter and other fats and oils derived from milk; dairy spreads: |
||
0405 10 |
|
||
|
|
||
|
|
||
0405 10 11 |
|
||
0405 10 19 |
|
||
0405 10 30 |
|
||
0405 10 50 |
|
||
0405 10 90 |
|
||
0405 20 |
|
||
0405 20 90 |
|
||
0405 90 |
|
||
0405 90 10 |
|
||
0405 90 90 |
|
||
0406 |
Cheese and curd: |
||
0406 10 |
|
||
0406 10 20 |
|
||
0406 10 80 |
|
||
0406 20 |
|
||
0406 20 10 |
|
||
0406 20 90 |
|
||
0406 30 |
|
||
0406 30 10 |
|
||
|
|
||
|
|
||
0406 30 31 |
|
||
0406 30 39 |
|
||
0406 30 90 |
|
||
0406 40 |
|
||
0406 40 10 |
|
||
0406 40 50 |
|
||
0406 40 90 |
|
||
0406 90 |
|
||
0406 90 01 |
|
||
|
|
||
0406 90 13 |
|
||
0406 90 15 |
|
||
0406 90 17 |
|
||
0406 90 18 |
|
||
0406 90 19 |
|
||
0406 90 21 |
|
||
0406 90 23 |
|
||
0406 90 25 |
|
||
0406 90 27 |
|
||
0406 90 29 |
|
||
0406 90 32 |
|
||
0406 90 35 |
|
||
0406 90 37 |
|
||
0406 90 39 |
|
||
|
|
||
0406 90 50 |
|
||
|
|
||
|
|
||
|
|
||
0406 90 61 |
|
||
0406 90 63 |
|
||
0406 90 69 |
|
||
|
|
||
0406 90 73 |
|
||
0406 90 75 |
|
||
0406 90 76 |
|
||
0406 90 78 |
|
||
0406 90 79 |
|
||
0406 90 81 |
|
||
0406 90 82 |
|
||
0406 90 84 |
|
||
0406 90 85 |
|
||
|
|
||
0406 90 86 |
|
||
0406 90 87 |
|
||
0406 90 88 |
|
||
0406 90 93 |
|
||
0406 90 99 |
|
||
0409 00 00 |
Natural honey |
||
0701 |
Potatoes, fresh or chilled: |
||
0701 90 |
|
||
0701 90 10 |
|
||
|
|
||
0701 90 50 |
|
||
0701 90 90 |
|
||
0702 00 00 |
Tomatoes, fresh or chilled: |
||
ex 0702 00 00 |
|
||
0704 |
Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled: |
||
0704 10 00 |
|
||
ex 0704 10 00 |
|
||
ex 0704 10 00 |
|
||
0704 20 00 |
|
||
0704 90 |
|
||
0704 90 10 |
|
||
0707 00 |
Cucumbers and gherkins, fresh or chilled: |
||
0707 00 05 |
|
||
ex 0707 00 05 |
|
||
0707 00 90 |
|
||
ex 0707 00 90 |
|
||
0709 |
Other vegetables, fresh or chilled: |
||
0709 60 |
|
||
0709 60 10 |
|
||
|
|
||
0709 60 91 |
|
||
0709 60 95 |
|
||
0709 60 99 |
|
||
0709 70 00 |
|
||
0805 |
Citrus fruit, dried or fresh: |
||
0805 20 |
|
||
0805 20 10 |
|
||
ex 0805 20 10 |
|
||
0805 20 30 |
|
||
ex 0805 20 30 |
|
||
0805 20 50 |
|
||
ex 0805 20 50 |
|
||
0805 20 70 |
|
||
ex 0805 20 70 |
|
||
0805 20 90 |
|
||
ex 0805 20 90 |
|
||
0806 |
Grapes, fresh or dried: |
||
0806 10 |
|
||
0806 10 10 |
|
||
ex 0806 10 10 |
|
||
0806 10 90 |
|
||
ex 0806 10 90 |
|
||
0807 |
Melons (including watermelons) and papaws (papayas), fresh: |
||
|
|
||
0807 11 00 |
|
||
ex 0807 11 00 |
|
||
0808 |
Apples, pears and quinces, fresh: |
||
0808 10 |
|
||
0808 10 10 |
|
||
0808 10 80 |
|
||
0808 20 |
|
||
|
|
||
0808 20 10 |
|
||
0808 20 50 |
|
||
0808 20 90 |
|
||
0809 |
Apricots, cherries, peaches (including nectarines), plums and sloes, fresh: |
||
0809 10 00 |
|
||
0809 20 |
|
||
0809 20 05 |
|
||
0809 20 95 |
|
||
0809 30 |
|
||
0809 30 10 |
|
||
0809 30 90 |
|
||
ex 0809 30 90 |
|
||
0809 40 |
|
||
0809 40 05 |
|
||
0809 40 90 |
|
||
0810 |
Other fruit, fresh: |
||
0810 10 00 |
|
||
0810 20 |
|
||
0810 20 10 |
|
||
0810 20 90 |
|
||
0810 50 00 |
|
||
ex 0810 50 00 |
|
||
1509 |
Olive oil and its fractions, whether or not refined, but not chemically modified: |
||
1509 10 |
|
||
1509 10 10 |
|
||
1509 10 90 |
|
||
1509 90 00 |
|
||
ex 1509 90 00 |
|
||
ex 1509 90 00 |
|
||
1601 00 |
Sausages and similar products, of meat, meat offal or blood; food preparations based on these products: |
||
1601 00 10 |
|
||
|
|
||
1601 00 91 |
|
||
1601 00 99 |
|
||
1602 |
Other prepared or preserved meat, meat offal or blood: |
||
1602 10 00 |
|
||
1602 20 |
|
||
|
|
||
1602 20 11 |
|
||
1602 20 19 |
|
||
1602 20 90 |
|
||
|
|
||
1602 31 |
|
||
|
|
||
1602 31 11 |
|
||
1602 31 19 |
|
||
1602 31 30 |
|
||
1602 31 90 |
|
||
1602 32 |
|
||
|
|
||
1602 32 11 |
|
||
1602 32 19 |
|
||
1602 32 30 |
|
||
1602 32 90 |
|
||
1602 39 |
|
||
|
|
||
1602 39 21 |
|
||
1602 39 29 |
|
||
1602 39 40 |
|
||
1602 39 80 |
|
||
|
|
||
1602 41 |
|
||
1602 41 10 |
|
||
1602 41 90 |
|
||
1602 42 |
|
||
1602 42 10 |
|
||
1602 42 90 |
|
||
1602 49 |
|
||
|
|
||
|
|
||
1602 49 11 |
|
||
1602 49 13 |
|
||
1602 49 15 |
|
||
1602 49 19 |
|
||
1602 49 30 |
|
||
1602 49 50 |
|
||
1602 49 90 |
|
||
1602 50 |
|
||
1602 50 10 |
|
||
|
|
||
|
|
||
1602 50 31 |
|
||
1602 50 39 |
|
||
1602 50 80 |
|
||
1602 90 |
|
||
1602 90 10 |
|
||
|
|
||
1602 90 31 |
|
||
1602 90 41 |
|
||
|
|
||
1602 90 51 |
|
||
|
|
||
|
|
||
1602 90 61 |
|
||
1602 90 69 |
|
||
|
|
||
|
|
||
|
|
||
1602 90 72 |
|
||
1602 90 74 |
|
||
|
|
||
1602 90 76 |
|
||
1602 90 78 |
|
||
1602 90 98 |
|
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.
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 |
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:
|
B. |
Banking and other financial services (excluding insurance):
|
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. |
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. |
PROTOCOL 1
on trade between the Community and Montenegro in processed agricultural products
Article 1
1. The Community and Montenegro apply to processed agricultural products the duties, listed in Annex I and Annex II respectively in accordance with the conditions mentioned therein, whether limited by quota or not.
2. The Stabilisation and Association Council shall decide on:
(a) |
extensions of the list of processed agricultural products under this Protocol, |
(b) |
amendments to the duties referred to in Annexes I and II, |
(c) |
increases in or the abolition of tariff quotas. |
3. The Stabilisation and Association Council may replace the duties established by this Protocol by a regime established on the basis of the respective market prices of the Community and Montenegro of agricultural products actually used in the manufacture of processed agricultural products subject to this Protocol.
Article 2
The duties applied pursuant to Article 1 may be reduced by decision of the Stabilisation and Association Council:
(a) |
when in trade between the Community and Montenegro the duties applied to the basic products are reduced, or |
(b) |
in response to reductions resulting from mutual concessions relating to processed agricultural products. |
The reductions provided for under point (a) shall be calculated on the part of the duty designated as the agricultural component which shall correspond to the agricultural products actually used in the manufacture of the processed agricultural products in question and deducted from the duties applied to these basic agricultural products.
Article 3
The Community and Montenegro shall inform each other of the administrative arrangements adopted for the products covered by this Protocol. These arrangements should ensure equal treatment for all interested parties and should be as simple and flexible as possible.
ANNEX I
DUTIES APPLICABLE UPON IMPORTS INTO THE COMMUNITY OF GOODS ORIGINATING IN MONTENEGRO
Duties are set to zero for imports into the Community of processed agricultural products originating in Montenegro as listed hereafter.
CN Code |
Description |
||
(1) |
(2) |
||
0403 |
Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa: |
||
0403 10 |
|
||
|
|
||
|
|
||
0403 10 51 |
|
||
0403 10 53 |
|
||
0403 10 59 |
|
||
|
|
||
0403 10 91 |
|
||
0403 10 93 |
|
||
0403 10 99 |
|
||
0403 90 |
|
||
|
|
||
|
|
||
0403 90 71 |
|
||
0403 90 73 |
|
||
0403 90 79 |
|
||
|
|
||
0403 90 91 |
|
||
0403 90 93 |
|
||
0403 90 99 |
|
||
0405 |
Butter and other fats and oils derived from milk; dairy spreads: |
||
0405 20 |
|
||
0405 20 10 |
|
||
0405 20 30 |
|
||
0501 00 00 |
Human hair, unworked, whether or not washed or scoured; waste of human hair |
||
0502 |
Pigs', hogs' or boars' bristles and hair; badger hair and other brush making hair; waste of such bristles or hair |
||
0505 |
Skins and other parts of birds, with their feathers or down, feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation; powder and waste of feathers or parts of feathers |
||
0506 |
Bones and horn-cores, unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinised; powder and waste of these products |
||
0507 |
Ivory, tortoiseshell, whalebone and whalebone hair, horns, antlers, hooves, nails, claws and beaks, unworked or simply prepared but not cut to shape; powder and waste of these products |
||
0508 00 00 |
Coral and similar materials, unworked or simply prepared but not otherwise worked; shells of molluscs, crustaceans or echinoderms and cuttle-bone, unworked or simply prepared but not cut to shape, powder and waste thereof |
||
0510 00 00 |
Ambergris, castoreum, civet and musk; cantharides; bile, whether or not dried; glands and other animal products used in the preparation of pharmaceutical products, fresh chilled, frozen or otherwise provisionally preserved |
||
0511 |
Animal products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit for human consumption: |
||
|
|
||
0511 99 |
|
||
|
|
||
0511 99 31 |
|
||
0511 99 39 |
|
||
0511 99 85 |
|
||
ex 0511 99 85 |
|
||
0710 |
Vegetables (uncooked or cooked by steaming or boiling in water), frozen: |
||
0710 40 00 |
|
||
0711 |
Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption: |
||
0711 90 |
|
||
|
|
||
0711 90 30 |
|
||
0903 00 00 |
Maté |
||
1212 |
Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh, chilled, frozen or dried, whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of the variety Cichorium intybus sativum) of a kind used primarily for human consumption, not elsewhere specified or included: |
||
1212 20 00 |
|
||
1302 |
Vegetable saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products: |
||
|
|
||
1302 12 00 |
|
||
1302 13 00 |
|
||
1302 19 |
|
||
1302 19 80 |
|
||
1302 20 |
|
||
1302 20 10 |
|
||
1302 20 90 |
|
||
|
|
||
1302 31 00 |
|
||
1302 32 |
|
||
1302 32 10 |
|
||
1401 |
Vegetable materials of a kind used primarily for plaiting (for example, bamboos, rattans, reeds, rushes, osier, raffia, cleaned, bleached or dyed cereal straw, and lime bark): |
||
1404 |
Vegetable products not elsewhere specified or included: |
||
1505 |
Wool grease and fatty substances derived there from (including lanolin): |
||
1506 00 00 |
Other animal fats and oils and their fractions, whether or not refined, but not chemically modified |
||
1515 |
Other fixed vegetable fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified: |
||
1515 90 |
|
||
1515 90 11 |
|
||
ex 1515 90 11 |
|
||
1516 |
Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared: |
||
1516 20 |
|
||
1516 20 10 |
|
||
1517 |
Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516 : |
||
1517 10 |
|
||
1517 10 10 |
|
||
1517 90 |
|
||
1517 90 10 |
|
||
|
|
||
1517 90 93 |
|
||
1518 00 |
Animal or vegetable fats and oils and their fractions, boiled, oxidized, dehydrated, sulphurised, blown, polymerized by heat in vacuum or in inert gas or otherwise chemically modified, excluding those of heading 1516 ; inedible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, not elsewhere specified or included: |
||
1518 00 10 |
|
||
|
|
||
1518 00 91 |
|
||
|
|
||
1518 00 95 |
|
||
1518 00 99 |
|
||
1520 00 00 |
Glycerol, crude; glycerol waters and glycerol lyes |
||
1521 |
Vegetable waxes (other than triglycerides), beeswax, other insect waxes and spermaceti, whether or not refined or coloured: |
||
1522 00 |
Degras; residues resulting from the treatment of fatty substances or animal or vegetable waxes: |
||
1522 00 10 |
|
||
1702 |
Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel: |
||
1702 50 00 |
|
||
1702 90 |
|
||
1702 90 10 |
|
||
1704 |
Sugar confectionery (including white chocolate), not containing cocoa: |
||
1803 |
Cocoa paste, whether or not defatted: |
||
1804 00 00 |
Cocoa butter, fat and oil |
||
1805 00 00 |
Cocoa powder, not containing added sugar or other sweetening matter |
||
1806 |
Chocolate and other food preparations containing cocoa: |
||
1901 |
Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404 , not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included: |
||
1902 |
Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared: |
||
|
|
||
1902 11 00 |
|
||
1902 19 |
|
||
1902 19 10 |
|
||
1902 19 90 |
|
||
1902 20 |
|
||
|
|
||
1902 20 91 |
|
||
1902 20 99 |
|
||
1902 30 |
|
||
1902 30 10 |
|
||
1902 30 90 |
|
||
1902 40 |
|
||
1902 40 10 |
|
||
1902 40 90 |
|
||
1903 00 00 |
Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or similar forms |
||
1904 |
Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, cornflakes); cereals (other than maize (corn)), in grain form, or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked, or otherwise prepared, not elsewhere specified or included: |
||
1905 |
Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products: |
||
2001 |
Vegetables, fruits, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid: |
||
2001 90 |
|
||
2001 90 30 |
|
||
2001 90 40 |
|
||
2001 90 60 |
|
||
2004 |
Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006 |
||
2004 10 |
|
||
|
|
||
2004 10 91 |
|
||
2004 90 |
|
||
2004 90 10 |
|
||
2005 |
Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 |
||
2005 20 |
|
||
2005 20 10 |
|
||
2005 80 00 |
|
||
2008 |
Fruits, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: |
||
|
|
||
2008 11 |
|
||
2008 11 10 |
|
||
|
|
||
2008 91 00 |
|
||
2008 99 |
|
||
|
|
||
|
|
||
2008 99 85 |
|
||
2008 99 91 |
|
||
2101 |
Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: |
||
2102 |
Yeasts (active or inactive); other single-cell micro-organisms, dead (but not including vaccines of heading 3002 ); prepared baking powders: |
||
2103 |
Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard: |
||
2104 |
Soups and broths and preparations therefor; homogenised composite food preparations: |
||
2105 00 |
Ice cream and other edible ice, whether or not containing cocoa: |
||
2106 |
Food preparations not elsewhere specified or included: |
||
2106 10 |
|
||
2106 10 20 |
|
||
2106 10 80 |
|
||
2106 90 |
|
||
2106 90 20 |
|
||
|
|
||
2106 90 92 |
|
||
2106 90 98 |
|
||
2201 |
Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter nor flavoured; ice and snow: |
||
2202 |
Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009 : |
||
2203 00 |
Beer made from malt: |
||
2205 |
Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances: |
||
2207 |
Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol. or higher; ethyl alcohol and other spirits, denatured, of any strength: |
||
2208 |
Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirituous beverages: |
||
2402 |
Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes: |
||
2403 |
Other manufactured tobacco and manufactured tobacco substitutes; ‘homogenised’ or ‘reconstituted’ tobacco; tobacco extracts and essences: |
||
2905 |
Acyclic alcohols and their halogenated, sulphonated, nitrated or nitrosated derivatives: |
||
|
|
||
2905 43 00 |
|
||
2905 44 |
|
||
|
|
||
2905 44 11 |
|
||
2905 44 19 |
|
||
|
|
||
2905 44 91 |
|
||
2905 44 99 |
|
||
2905 45 00 |
|
||
3301 |
Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic by-products of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils: |
||
3301 90 |
|
||
3301 90 10 |
|
||
|
|
||
3301 90 21 |
|
||
3301 90 30 |
|
||
3301 90 90 |
|
||
3302 |
Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages: |
||
3302 10 |
|
||
|
|
||
|
|
||
3302 10 10 |
|
||
|
|
||
3302 10 21 |
|
||
3302 10 29 |
|
||
3501 |
Casein, caseinates and other casein derivates; casein glues: |
||
3501 10 |
|
||
3501 10 10 |
|
||
3501 10 50 |
|
||
3501 10 90 |
|
||
3501 90 |
|
||
3501 90 90 |
|
||
3505 |
Dextrins and other modified starches (for example, pregelatinised or esterified starches); glues based on starches, or on dextrins or other modified starches: |
||
3505 10 |
|
||
3505 10 10 |
|
||
|
|
||
3505 10 90 |
|
||
3505 20 |
|
||
3505 20 10 |
|
||
3505 20 30 |
|
||
3505 20 50 |
|
||
3505 20 90 |
|
||
3809 |
Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included: |
||
3809 10 |
|
||
3809 10 10 |
|
||
3809 10 30 |
|
||
3809 10 50 |
|
||
3809 10 90 |
|
||
3823 |
Industrial monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols: |
||
3824 |
Prepared binders for foundry moulds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: |
||
3824 60 |
|
||
|
|
||
3824 60 11 |
|
||
3824 60 19 |
|
||
|
|
||
3824 60 91 |
|
||
3824 60 99 |
|
ANNEX II
DUTIES APPLICABLE TO GOODS ORIGINATING IN THE COMMUNITY ON IMPORT INTO MONTENEGRO
(immediately or gradually)
CN Code |
Description |
Rate of duty (% of MFN) |
||||||
2008 |
2009 |
2010 |
2011 |
2012 and after |
||||
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
||
0403 |
Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa: |
|
|
|
|
|
||
0403 10 |
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
0403 10 51 |
|
80 |
60 |
40 |
20 |
0 |
||
0403 10 53 |
|
80 |
60 |
40 |
20 |
0 |
||
0403 10 59 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
0403 10 91 |
|
80 |
60 |
40 |
20 |
0 |
||
0403 10 93 |
|
80 |
60 |
40 |
20 |
0 |
||
0403 10 99 |
|
80 |
60 |
40 |
20 |
0 |
||
0403 90 |
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
0403 90 71 |
|
80 |
60 |
40 |
20 |
0 |
||
0403 90 73 |
|
80 |
60 |
40 |
20 |
0 |
||
0403 90 79 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
0403 90 91 |
|
80 |
60 |
40 |
20 |
0 |
||
0403 90 93 |
|
80 |
60 |
40 |
20 |
0 |
||
0403 90 99 |
|
80 |
60 |
40 |
20 |
0 |
||
0405 |
Butter and other fats and oils derived from milk; dairy spreads: |
|
|
|
|
|
||
0405 20 |
|
|
|
|
|
|
||
0405 20 10 |
|
90 |
80 |
70 |
60 |
50 |
||
0405 20 30 |
|
90 |
80 |
70 |
60 |
50 |
||
0501 00 00 |
Human hair, unworked, whether or not washed or scoured; waste of human hair |
0 |
0 |
0 |
0 |
0 |
||
0502 |
Pigs', hogs' or boars' bristles and hair; badger hair and other brush making hair; waste of such bristles or hair: |
|
|
|
|
|
||
0502 10 00 |
|
0 |
0 |
0 |
0 |
0 |
||
0502 90 00 |
|
0 |
0 |
0 |
0 |
0 |
||
0505 |
Skins and other parts of birds, with their feathers or down, feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation; powder and waste of feathers or parts of feathers: |
|
|
|
|
|
||
0505 10 |
|
|
|
|
|
|
||
0505 10 10 |
|
0 |
0 |
0 |
0 |
0 |
||
0505 10 90 |
|
0 |
0 |
0 |
0 |
0 |
||
0505 90 00 |
|
0 |
0 |
0 |
0 |
0 |
||
0506 |
Bones and horn-cores, unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinised; powder and waste of these products: |
|
|
|
|
|
||
0506 10 00 |
|
0 |
0 |
0 |
0 |
0 |
||
0506 90 00 |
|
0 |
0 |
0 |
0 |
0 |
||
0507 |
Ivory, tortoiseshell, whalebone and whalebone hair, horns, antlers, hooves, nails, claws and beaks, unworked or simply prepared but not cut to shape; powder and waste of these products: |
|
|
|
|
|
||
0507 10 00 |
|
0 |
0 |
0 |
0 |
0 |
||
0507 90 00 |
|
0 |
0 |
0 |
0 |
0 |
||
0508 00 00 |
Coral and similar materials, unworked or simply prepared but not otherwise worked; shells of molluscs, crustaceans or echinoderms and cuttle-bone, unworked or simply prepared but not cut to shape, powder and waste thereof |
0 |
0 |
0 |
0 |
0 |
||
0510 00 00 |
Ambergris, castoreum, civet and musk; cantharides; bile, whether or not dried; glands and other animal products used in the preparation of pharmaceutical products, fresh chilled, frozen or otherwise provisionally preserved |
0 |
0 |
0 |
0 |
0 |
||
0511 |
Animal products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit for human consumption: |
|
|
|
|
|
||
|
|
|
|
|
|
|
||
0511 99 |
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
0511 99 31 |
|
0 |
0 |
0 |
0 |
0 |
||
0511 99 39 |
|
0 |
0 |
0 |
0 |
0 |
||
0511 99 85 |
|
|
|
|
|
|
||
ex 0511 99 85 |
|
0 |
0 |
0 |
0 |
0 |
||
0710 |
Vegetables (uncooked or cooked by steaming or boiling in water), frozen: |
|
|
|
|
|
||
0710 40 00 |
|
0 |
0 |
0 |
0 |
0 |
||
0711 |
Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption: |
|
|
|
|
|
||
0711 90 |
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
0711 90 30 |
|
0 |
0 |
0 |
0 |
0 |
||
0903 00 00 |
Maté |
0 |
0 |
0 |
0 |
0 |
||
1212 |
Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh, chilled, frozen or dried, whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of the variety Cichorium intybus sativum) of a kind used primarily for human consumption, not elsewhere specified or included: |
|
|
|
|
|
||
1212 20 00 |
|
0 |
0 |
0 |
0 |
0 |
||
1302 |
Vegetable saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products: |
|
|
|
|
|
||
|
|
|
|
|
|
|
||
1302 12 00 |
|
0 |
0 |
0 |
0 |
0 |
||
1302 13 00 |
|
0 |
0 |
0 |
0 |
0 |
||
1302 19 |
|
|
|
|
|
|
||
1302 19 80 |
|
0 |
0 |
0 |
0 |
0 |
||
1302 20 |
|
|
|
|
|
|
||
1302 20 10 |
|
0 |
0 |
0 |
0 |
0 |
||
1302 20 90 |
|
0 |
0 |
0 |
0 |
0 |
||
|
|
|
|
|
|
|
||
1302 31 00 |
|
0 |
0 |
0 |
0 |
0 |
||
1302 32 |
|
|
|
|
|
|
||
1302 32 10 |
|
0 |
0 |
0 |
0 |
0 |
||
1401 |
Vegetable materials of a kind used primarily for plaiting (for example, bamboos, rattans, reeds, rushes, osier, raffia, cleaned, bleached or dyed cereal straw, and lime bark): |
|
|
|
|
|
||
1401 10 00 |
|
0 |
0 |
0 |
0 |
0 |
||
1401 20 00 |
|
0 |
0 |
0 |
0 |
0 |
||
1401 90 00 |
|
0 |
0 |
0 |
0 |
0 |
||
1404 |
Vegetable products not elsewhere specified or included: |
|
|
|
|
|
||
1404 20 00 |
|
0 |
0 |
0 |
0 |
0 |
||
1404 90 00 |
|
0 |
0 |
0 |
0 |
0 |
||
1505 |
Wool grease and fatty substances derived there from (including lanolin): |
|
|
|
|
|
||
1505 00 10 |
|
0 |
0 |
0 |
0 |
0 |
||
1505 00 90 |
|
0 |
0 |
0 |
0 |
0 |
||
1506 00 00 |
Other animal fats and oils and their fractions, whether or not refined, but not chemically modified |
0 |
0 |
0 |
0 |
0 |
||
1515 |
Other fixed vegetable fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified: |
|
|
|
|
|
||
1515 90 |
|
|
|
|
|
|
||
1515 90 11 |
|
|
|
|
|
|
||
ex 1515 90 11 |
|
0 |
0 |
0 |
0 |
0 |
||
1516 |
Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared: |
|
|
|
|
|
||
1516 20 |
|
|
|
|
|
|
||
1516 20 10 |
|
0 |
0 |
0 |
0 |
0 |
||
1517 |
Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516 : |
|
|
|
|
|
||
1517 10 |
|
|
|
|
|
|
||
1517 10 10 |
|
0 |
0 |
0 |
0 |
0 |
||
1517 90 |
|
|
|
|
|
|
||
1517 90 10 |
|
0 |
0 |
0 |
0 |
0 |
||
|
|
|
|
|
|
|
||
1517 90 93 |
|
0 |
0 |
0 |
0 |
0 |
||
1518 00 |
Animal or vegetable fats and oils and their fractions, boiled, oxidized, dehydrated, sulphurised, blown, polymerized by heat in vacuum or in inert gas or otherwise chemically modified, excluding those of heading 1516 ; inedible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, not elsewhere specified or included: |
|
|
|
|
|
||
1518 00 10 |
|
0 |
0 |
0 |
0 |
0 |
||
|
|
|
|
|
|
|
||
1518 00 91 |
|
0 |
0 |
0 |
0 |
0 |
||
|
|
|
|
|
|
|
||
1518 00 95 |
|
0 |
0 |
0 |
0 |
0 |
||
1518 00 99 |
|
0 |
0 |
0 |
0 |
0 |
||
1520 00 00 |
Glycerol, crude; glycerol waters and glycerol lyes |
0 |
0 |
0 |
0 |
0 |
||
1521 |
Vegetable waxes (other than triglycerides), beeswax, other insect waxes and spermaceti, whether or not refined or coloured: |
|
|
|
|
|
||
1521 10 00 |
|
0 |
0 |
0 |
0 |
0 |
||
1521 90 |
|
|
|
|
|
|
||
1521 90 10 |
|
0 |
0 |
0 |
0 |
0 |
||
|
|
|
|
|
|
|
||
1521 90 91 |
|
0 |
0 |
0 |
0 |
0 |
||
1521 90 99 |
|
0 |
0 |
0 |
0 |
0 |
||
1522 00 |
Degras; residues resulting from the treatment of fatty substances or animal or vegetable waxes: |
|
|
|
|
|
||
1522 00 10 |
|
0 |
0 |
0 |
0 |
0 |
||
1702 |
Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel: |
|
|
|
|
|
||
1702 50 00 |
|
0 |
0 |
0 |
0 |
0 |
||
1702 90 |
|
|
|
|
|
|
||
1702 90 10 |
|
0 |
0 |
0 |
0 |
0 |
||
1704 |
Sugar confectionery (including white chocolate), not containing cocoa: |
|
|
|
|
|
||
1704 10 |
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
1704 10 11 |
|
80 |
60 |
40 |
20 |
0 |
||
1704 10 19 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
1704 10 91 |
|
80 |
60 |
40 |
20 |
0 |
||
1704 10 99 |
|
80 |
60 |
40 |
20 |
0 |
||
1704 90 |
|
|
|
|
|
|
||
1704 90 10 |
|
80 |
60 |
40 |
20 |
0 |
||
1704 90 30 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
1704 90 51 |
|
80 |
60 |
40 |
20 |
0 |
||
1704 90 55 |
|
80 |
60 |
40 |
20 |
0 |
||
1704 90 61 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
1704 90 65 |
|
80 |
60 |
40 |
20 |
0 |
||
1704 90 71 |
|
80 |
60 |
40 |
20 |
0 |
||
1704 90 75 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
1704 90 81 |
|
80 |
60 |
40 |
20 |
0 |
||
1704 90 99 |
|
80 |
60 |
40 |
20 |
0 |
||
1803 |
Cocoa paste, whether or not defatted: |
|
|
|
|
|
||
1803 10 00 |
|
0 |
0 |
0 |
0 |
0 |
||
1803 20 00 |
|
0 |
0 |
0 |
0 |
0 |
||
1804 00 00 |
Cocoa butter, fat and oil |
0 |
0 |
0 |
0 |
0 |
||
1805 00 00 |
Cocoa powder, not containing added sugar or other sweetening matter |
0 |
0 |
0 |
0 |
0 |
||
1806 |
Chocolate and other food preparations containing cocoa: |
|
|
|
|
|
||
1806 10 |
|
|
|
|
|
|
||
1806 10 15 |
|
0 |
0 |
0 |
0 |
0 |
||
1806 10 20 |
|
0 |
0 |
0 |
0 |
0 |
||
1806 10 30 |
|
0 |
0 |
0 |
0 |
0 |
||
1806 10 90 |
|
0 |
0 |
0 |
0 |
0 |
||
1806 20 |
|
|
|
|
|
|
||
1806 20 10 |
|
0 |
0 |
0 |
0 |
0 |
||
1806 20 30 |
|
0 |
0 |
0 |
0 |
0 |
||
|
|
|
|
|
|
|
||
1806 20 50 |
|
0 |
0 |
0 |
0 |
0 |
||
1806 20 70 |
|
0 |
0 |
0 |
0 |
0 |
||
1806 20 80 |
|
0 |
0 |
0 |
0 |
0 |
||
1806 20 95 |
|
0 |
0 |
0 |
0 |
0 |
||
|
|
|
|
|
|
|
||
1806 31 00 |
|
80 |
60 |
40 |
20 |
0 |
||
1806 32 |
|
|
|
|
|
|
||
1806 32 10 |
|
80 |
60 |
40 |
20 |
0 |
||
1806 32 90 |
|
80 |
60 |
40 |
20 |
0 |
||
1806 90 |
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
1806 90 11 |
|
80 |
60 |
40 |
20 |
0 |
||
1806 90 19 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
1806 90 31 |
|
80 |
60 |
40 |
20 |
0 |
||
1806 90 39 |
|
80 |
60 |
40 |
20 |
0 |
||
1806 90 50 |
|
80 |
60 |
40 |
20 |
0 |
||
1806 90 60 |
|
80 |
60 |
40 |
20 |
0 |
||
1806 90 70 |
|
80 |
60 |
40 |
20 |
0 |
||
1806 90 90 |
|
80 |
60 |
40 |
20 |
0 |
||
1901 |
Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404 , not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included: |
|
|
|
|
|
||
1901 10 00 |
|
0 |
0 |
0 |
0 |
0 |
||
1901 20 00 |
|
0 |
0 |
0 |
0 |
0 |
||
1901 90 |
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
1901 90 11 |
|
0 |
0 |
0 |
0 |
0 |
||
1901 90 19 |
|
0 |
0 |
0 |
0 |
0 |
||
|
|
|
|
|
|
|
||
1901 90 91 |
|
0 |
0 |
0 |
0 |
0 |
||
1901 90 99 |
|
0 |
0 |
0 |
0 |
0 |
||
1902 |
Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared: |
|
|
|
|
|
||
|
|
|
|
|
|
|
||
1902 11 00 |
|
0 |
0 |
0 |
0 |
0 |
||
1902 19 |
|
|
|
|
|
|
||
1902 19 10 |
|
0 |
0 |
0 |
0 |
0 |
||
1902 19 90 |
|
0 |
0 |
0 |
0 |
0 |
||
1902 20 |
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
1902 20 91 |
|
0 |
0 |
0 |
0 |
0 |
||
1902 20 99 |
|
0 |
0 |
0 |
0 |
0 |
||
1902 30 |
|
|
|
|
|
|
||
1902 30 10 |
|
0 |
0 |
0 |
0 |
0 |
||
1902 30 90 |
|
0 |
0 |
0 |
0 |
0 |
||
1902 40 |
|
|
|
|
|
|
||
1902 40 10 |
|
0 |
0 |
0 |
0 |
0 |
||
1902 40 90 |
|
0 |
0 |
0 |
0 |
0 |
||
1903 00 00 |
Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or similar forms |
0 |
0 |
0 |
0 |
0 |
||
1904 |
Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, cornflakes); cereals (other than maize (corn)), in grain form, or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked, or otherwise prepared, not elsewhere specified or included: |
|
|
|
|
|
||
1904 10 |
|
|
|
|
|
|
||
1904 10 10 |
|
0 |
0 |
0 |
0 |
0 |
||
1904 10 30 |
|
0 |
0 |
0 |
0 |
0 |
||
1904 10 90 |
|
0 |
0 |
0 |
0 |
0 |
||
1904 20 |
|
|
|
|
|
|
||
1904 20 10 |
|
0 |
0 |
0 |
0 |
0 |
||
|
|
|
|
|
|
|
||
1904 20 91 |
|
0 |
0 |
0 |
0 |
0 |
||
1904 20 95 |
|
0 |
0 |
0 |
0 |
0 |
||
1904 20 99 |
|
0 |
0 |
0 |
0 |
0 |
||
1904 30 00 |
Bulgur wheat |
0 |
0 |
0 |
0 |
0 |
||
1904 90 |
|
|
|
|
|
|
||
1904 90 10 |
|
0 |
0 |
0 |
0 |
0 |
||
1904 90 80 |
|
0 |
0 |
0 |
0 |
0 |
||
1905 |
Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products: |
|
|
|
|
|
||
1905 10 00 |
|
0 |
0 |
0 |
0 |
0 |
||
1905 20 |
|
|
|
|
|
|
||
1905 20 10 |
|
0 |
0 |
0 |
0 |
0 |
||
1905 20 30 |
|
0 |
0 |
0 |
0 |
0 |
||
1905 20 90 |
|
0 |
0 |
0 |
0 |
0 |
||
|
|
|
|
|
|
|
||
1905 31 |
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
1905 31 11 |
|
0 |
0 |
0 |
0 |
0 |
||
1905 31 19 |
|
0 |
0 |
0 |
0 |
0 |
||
|
|
|
|
|
|
|
||
1905 31 30 |
|
0 |
0 |
0 |
0 |
0 |
||
|
|
|
|
|
|
|
||
1905 31 91 |
|
0 |
0 |
0 |
0 |
0 |
||
1905 31 99 |
|
0 |
0 |
0 |
0 |
0 |
||
1905 32 |
|
|
|
|
|
|
||
1905 32 05 |
|
0 |
0 |
0 |
0 |
0 |
||
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
1905 32 11 |
|
0 |
0 |
0 |
0 |
0 |
||
1905 32 19 |
|
0 |
0 |
0 |
0 |
0 |
||
|
|
|
|
|
|
|
||
1905 32 91 |
|
0 |
0 |
0 |
0 |
0 |
||
1905 32 99 |
|
0 |
0 |
0 |
0 |
0 |
||
1905 40 |
|
|
|
|
|
|
||
1905 40 10 |
|
0 |
0 |
0 |
0 |
0 |
||
1905 40 90 |
|
0 |
0 |
0 |
0 |
0 |
||
1905 90 |
|
|
|
|
|
|
||
1905 90 10 |
|
0 |
0 |
0 |
0 |
0 |
||
1905 90 20 |
|
0 |
0 |
0 |
0 |
0 |
||
|
|
|
|
|
|
|
||
1905 90 30 |
|
0 |
0 |
0 |
0 |
0 |
||
1905 90 45 |
|
0 |
0 |
0 |
0 |
0 |
||
1905 90 55 |
|
0 |
0 |
0 |
0 |
0 |
||
|
|
|
|
|
|
|
||
1905 90 60 |
|
0 |
0 |
0 |
0 |
0 |
||
1905 90 90 |
|
0 |
0 |
0 |
0 |
0 |
||
2001 |
Vegetables, fruits, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid: |
|
|
|
|
|
||
2001 90 |
|
|
|
|
|
|
||
2001 90 30 |
|
80 |
60 |
40 |
20 |
0 |
||
2001 90 40 |
|
80 |
60 |
40 |
20 |
0 |
||
2001 90 60 |
|
80 |
60 |
40 |
20 |
0 |
||
2004 |
Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006 |
|
|
|
|
|
||
2004 10 |
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
2004 10 91 |
|
80 |
60 |
40 |
20 |
0 |
||
2004 90 |
|
|
|
|
|
|
||
2004 90 10 |
|
80 |
60 |
40 |
20 |
0 |
||
2005 |
Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 |
|
|
|
|
|
||
2005 20 |
|
|
|
|
|
|
||
2005 20 10 |
|
80 |
60 |
40 |
20 |
0 |
||
2005 80 00 |
|
80 |
60 |
40 |
20 |
0 |
||
2008 |
Fruits, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: |
|
|
|
|
|
||
|
|
|
|
|
|
|
||
2008 11 |
|
|
|
|
|
|
||
2008 11 10 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
2008 91 00 |
|
80 |
60 |
40 |
20 |
0 |
||
2008 99 |
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
2008 99 85 |
|
0 |
0 |
0 |
0 |
0 |
||
2008 99 91 |
|
0 |
0 |
0 |
0 |
0 |
||
2101 |
Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: |
|
|
|
|
|
||
|
|
|
|
|
|
|
||
2101 11 |
|
|
|
|
|
|
||
2101 11 11 |
|
0 |
0 |
0 |
0 |
0 |
||
2101 11 19 |
|
0 |
0 |
0 |
0 |
0 |
||
2101 12 |
|
|
|
|
|
|
||
2101 12 92 |
|
0 |
0 |
0 |
0 |
0 |
||
2101 12 98 |
|
0 |
0 |
0 |
0 |
0 |
||
2101 20 |
|
|
|
|
|
|
||
2101 20 20 |
|
0 |
0 |
0 |
0 |
0 |
||
|
|
|
|
|
|
|
||
2101 20 92 |
|
0 |
0 |
0 |
0 |
0 |
||
2101 20 98 |
|
0 |
0 |
0 |
0 |
0 |
||
2101 30 |
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
2101 30 11 |
|
0 |
0 |
0 |
0 |
0 |
||
2101 30 19 |
|
0 |
0 |
0 |
0 |
0 |
||
|
|
|
|
|
|
|
||
2101 30 91 |
|
0 |
0 |
0 |
0 |
0 |
||
2101 30 99 |
|
0 |
0 |
0 |
0 |
0 |
||
2102 |
Yeasts (active or inactive); other single-cell micro-organisms, dead (but not including vaccines of heading 3002 ); prepared baking powders: |
|
|
|
|
|
||
2102 10 |
|
|
|
|
|
|
||
2102 10 10 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
2102 10 31 |
|
80 |
60 |
40 |
20 |
0 |
||
2102 10 39 |
|
80 |
60 |
40 |
20 |
0 |
||
2102 10 90 |
|
80 |
60 |
40 |
20 |
0 |
||
2102 20 |
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
2102 20 11 |
|
0 |
0 |
0 |
0 |
0 |
||
2102 20 19 |
|
0 |
0 |
0 |
0 |
0 |
||
2102 20 90 |
|
0 |
0 |
0 |
0 |
0 |
||
2102 30 00 |
|
0 |
0 |
0 |
0 |
0 |
||
2103 |
Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard: |
|
|
|
|
|
||
2103 10 00 |
|
0 |
0 |
0 |
0 |
0 |
||
2103 20 00 |
|
0 |
0 |
0 |
0 |
0 |
||
2103 30 |
|
|
|
|
|
|
||
2103 30 10 |
|
0 |
0 |
0 |
0 |
0 |
||
2103 30 90 |
|
0 |
0 |
0 |
0 |
0 |
||
2103 90 |
|
|
|
|
|
|
||
2103 90 10 |
|
0 |
0 |
0 |
0 |
0 |
||
2103 90 30 |
|
0 |
0 |
0 |
0 |
0 |
||
2103 90 90 |
|
0 |
0 |
0 |
0 |
0 |
||
2104 |
Soups and broths and preparations therefor; homogenised composite food preparations: |
|
|
|
|
|
||
2104 10 |
|
|
|
|
|
|
||
2104 10 10 |
|
80 |
60 |
40 |
20 |
0 |
||
2104 10 90 |
|
80 |
60 |
40 |
20 |
0 |
||
2104 20 00 |
|
80 |
60 |
40 |
20 |
0 |
||
2105 00 |
Ice cream and other edible ice, whether or not containing cocoa: |
|
|
|
|
|
||
2105 00 10 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
2105 00 91 |
|
80 |
60 |
40 |
20 |
0 |
||
2105 00 99 |
|
80 |
60 |
40 |
20 |
0 |
||
2106 |
Food preparations not elsewhere specified or included: |
|
|
|
|
|
||
2106 10 |
|
|
|
|
|
|
||
2106 10 20 |
|
80 |
60 |
40 |
20 |
0 |
||
2106 10 80 |
|
80 |
60 |
40 |
20 |
0 |
||
2106 90 |
|
|
|
|
|
|
||
2106 90 20 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
2106 90 92 |
|
80 |
60 |
40 |
20 |
0 |
||
2106 90 98 |
|
80 |
60 |
40 |
20 |
0 |
||
2201 |
Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter nor flavoured; ice and snow: |
|
|
|
|
|
||
2201 10 |
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
2201 10 11 |
|
90 |
80 |
70 |
60 |
50 |
||
2201 10 19 |
|
90 |
80 |
70 |
60 |
50 |
||
2201 10 90 |
|
90 |
80 |
70 |
60 |
50 |
||
2201 90 00 |
|
90 |
80 |
70 |
60 |
50 |
||
2202 |
Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009 : |
|
|
|
|
|
||
2202 10 00 |
|
90 |
80 |
70 |
60 |
50 |
||
2202 90 |
|
|
|
|
|
|
||
2202 90 10 |
|
90 |
80 |
70 |
60 |
50 |
||
|
|
|
|
|
|
|
||
2202 90 91 |
|
90 |
80 |
70 |
60 |
50 |
||
2202 90 95 |
|
90 |
80 |
70 |
60 |
50 |
||
2202 90 99 |
|
90 |
80 |
70 |
60 |
50 |
||
2203 00 |
Beer made from malt: |
|
|
|
|
|
||
|
|
|
|
|
|
|
||
2203 00 01 |
|
80 |
60 |
40 |
20 |
0 |
||
2203 00 09 |
|
80 |
60 |
40 |
20 |
0 |
||
2203 00 10 |
|
80 |
60 |
40 |
20 |
0 |
||
2205 |
Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances: |
|
|
|
|
|
||
2205 10 |
|
|
|
|
|
|
||
2205 10 10 |
|
80 |
60 |
40 |
20 |
0 |
||
2205 10 90 |
|
80 |
60 |
40 |
20 |
0 |
||
2205 90 |
|
|
|
|
|
|
||
2205 90 10 |
|
80 |
60 |
40 |
20 |
0 |
||
2205 90 90 |
|
80 |
60 |
40 |
20 |
0 |
||
2207 |
Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol. or higher; ethyl alcohol and other spirits, denatured, of any strength: |
|
|
|
|
|
||
2207 10 00 |
|
80 |
60 |
40 |
20 |
0 |
||
2207 20 00 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 |
Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirituous beverages: |
|
|
|
|
|
||
2208 20 |
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
2208 20 12 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 20 14 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 20 26 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 20 27 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 20 29 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
2208 20 40 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
2208 20 62 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 20 64 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 20 86 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 20 87 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 20 89 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 30 |
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
2208 30 11 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 30 19 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
2208 30 32 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 30 38 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
2208 30 52 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 30 58 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
2208 30 72 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 30 78 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
2208 30 82 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 30 88 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 40 |
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
2208 40 11 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
2208 40 31 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 40 39 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
2208 40 51 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
2208 40 91 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 40 99 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 50 |
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
2208 50 11 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 50 19 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
2208 50 91 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 50 99 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 60 |
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
2208 60 11 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 60 19 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
2208 60 91 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 60 99 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 70 |
|
|
|
|
|
|
||
2208 70 10 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 70 90 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 90 |
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
2208 90 11 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 90 19 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
2208 90 33 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 90 38 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
2208 90 41 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
2208 90 45 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 90 48 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
2208 90 52 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 90 54 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 90 56 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 90 69 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
2208 90 71 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 90 75 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 90 77 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 90 78 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
2208 90 91 |
|
80 |
60 |
40 |
20 |
0 |
||
2208 90 99 |
|
80 |
60 |
40 |
20 |
0 |
||
2402 |
Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes: |
|
|
|
|
|
||
2402 10 00 |
|
80 |
60 |
40 |
20 |
0 |
||
2402 20 |
|
|
|
|
|
|
||
2402 20 10 |
|
80 |
60 |
40 |
20 |
0 |
||
2402 20 90 |
|
80 |
60 |
40 |
20 |
0 |
||
2402 90 00 |
|
80 |
60 |
40 |
20 |
0 |
||
2403 |
Other manufactured tobacco and manufactured tobacco substitutes; ‘homogenised’ or ‘reconstituted’ tobacco; tobacco extracts and essences: |
|
|
|
|
|
||
2403 10 |
|
|
|
|
|
|
||
2403 10 10 |
|
80 |
60 |
40 |
20 |
0 |
||
2403 10 90 |
|
80 |
60 |
40 |
20 |
0 |
||
|
|
|
|
|
|
|
||
2403 91 00 |
|
80 |
60 |
40 |
20 |
0 |
||
2403 99 |
|
|
|
|
|
|
||
2403 99 10 |
|
80 |
60 |
40 |
20 |
0 |
||
2403 99 90 |
|
80 |
60 |
40 |
20 |
0 |
||
2905 |
Acyclic alcohols and their halogenated, sulphonated, nitrated or nitrosated derivatives: |
|
|
|
|
|
||
|
|
|
|
|
|
|
||
2905 43 00 |
|
0 |
0 |
0 |
0 |
0 |
||
2905 44 |
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
2905 44 11 |
|
0 |
0 |
0 |
0 |
0 |
||
2905 44 19 |
|
0 |
0 |
0 |
0 |
0 |
||
|
|
|
|
|
|
|
||
2905 44 91 |
|
0 |
0 |
0 |
0 |
0 |
||
2905 44 99 |
|
0 |
0 |
0 |
0 |
0 |
||
2905 45 00 |
|
0 |
0 |
0 |
0 |
0 |
||
3301 |
Essential oils (terpeneless or not), including concretes and absolutes; resinoids; extracted oleoresins; concentrates of essential oils in fats, in fixed oils, in waxes or the like, obtained by enfleurage or maceration; terpenic by-products of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils: |
|
|
|
|
|
||
3301 90 |
|
|
|
|
|
|
||
3301 90 10 |
|
0 |
0 |
0 |
0 |
0 |
||
|
|
|
|
|
|
|
||
3301 90 21 |
|
0 |
0 |
0 |
0 |
0 |
||
3301 90 30 |
|
0 |
0 |
0 |
0 |
0 |
||
3301 90 90 |
|
0 |
0 |
0 |
0 |
0 |
||
3302 |
Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages: |
|
|
|
|
|
||
3302 10 |
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
3302 10 10 |
|
0 |
0 |
0 |
0 |
0 |
||
|
|
|
|
|
|
|
||
3302 10 21 |
|
0 |
0 |
0 |
0 |
0 |
||
3302 10 29 |
|
0 |
0 |
0 |
0 |
0 |
||
3501 |
Casein, caseinates and other casein derivates; casein glues: |
|
|
|
|
|
||
3501 10 |
|
|
|
|
|
|
||
3501 10 10 |
|
0 |
0 |
0 |
0 |
0 |
||
3501 10 50 |
|
0 |
0 |
0 |
0 |
0 |
||
3501 10 90 |
|
0 |
0 |
0 |
0 |
0 |
||
3501 90 |
|
|
|
|
|
|
||
3501 90 90 |
|
0 |
0 |
0 |
0 |
0 |
||
3505 |
Dextrins and other modified starches (for example, pregelatinised or esterified starches); glues based on starches, or on dextrins or other modified starches: |
|
|
|
|
|
||
3505 10 |
|
|
|
|
|
|
||
3505 10 10 |
|
0 |
0 |
0 |
0 |
0 |
||
|
|
|
|
|
|
|
||
3505 10 90 |
|
0 |
0 |
0 |
0 |
0 |
||
3505 20 |
|
|
|
|
|
|
||
3505 20 10 |
|
0 |
0 |
0 |
0 |
0 |
||
3505 20 30 |
|
0 |
0 |
0 |
0 |
0 |
||
3505 20 50 |
|
0 |
0 |
0 |
0 |
0 |
||
3505 20 90 |
|
0 |
0 |
0 |
0 |
0 |
||
3809 |
Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included: |
|
|
|
|
|
||
3809 10 |
|
|
|
|
|
|
||
3809 10 10 |
|
0 |
0 |
0 |
0 |
0 |
||
3809 10 30 |
|
0 |
0 |
0 |
0 |
0 |
||
3809 10 50 |
|
0 |
0 |
0 |
0 |
0 |
||
3809 10 90 |
|
0 |
0 |
0 |
0 |
0 |
||
3823 |
Industrial monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols: |
|
|
|
|
|
||
|
|
|
|
|
|
|
||
3823 11 00 |
|
0 |
0 |
0 |
0 |
0 |
||
3823 12 00 |
|
0 |
0 |
0 |
0 |
0 |
||
3823 13 00 |
|
0 |
0 |
0 |
0 |
0 |
||
3823 19 |
|
|
|
|
|
|
||
3823 19 10 |
|
0 |
0 |
0 |
0 |
0 |
||
3823 19 30 |
|
0 |
0 |
0 |
0 |
0 |
||
3823 19 90 |
|
0 |
0 |
0 |
0 |
0 |
||
3823 70 00 |
|
0 |
0 |
0 |
0 |
0 |
||
3824 |
Prepared binders for foundry moulds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: |
|
|
|
|
|
||
3824 60 |
|
|
|
|
|
|
||
|
|
|
|
|
|
|
||
3824 60 11 |
|
0 |
0 |
0 |
0 |
0 |
||
3824 60 19 |
|
0 |
0 |
0 |
0 |
0 |
||
|
|
|
|
|
|
|
||
3824 60 91 |
|
0 |
0 |
0 |
0 |
0 |
||
3824 60 99 |
|
0 |
0 |
0 |
0 |
0 |
PROTOCOL 2
on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine, spirit drinks and aromatised wine names
Article 1
This Protocol includes:
1) |
an Agreement on reciprocal preferential trade concessions for certain wines (Annex I to this Protocol), |
2) |
an Agreement on reciprocal recognition, protection and control of wine, spirits drinks and aromatised wine names (Annex II to this Protocol). |
Article 2
The Agreements referred to in Article 1 apply to:
1) |
wines falling under heading 2204 of the Harmonised System of the International Convention on the Harmonised Commodity Description and Coding System, done at Brussels on 14 June 1983 which have been produced from fresh grapes,
|
2) |
spirit drinks falling under heading 2208 of the Convention referred to in paragraph 1 which:
|
3) |
aromatised wines falling under heading 2205 of the Convention referred to in paragraph 1, which:
|
(1) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Council Regulation (EC) No 1791/2006 of 20 November 2006 adapting certain Regulations and Decisions in the fields of free movement of goods, freedom of movement of persons, company law, competition policy, agriculture (including veterinary and phytosanitary legislation), transport policy, taxation, statistics, energy, environment, cooperation in the fields of justice and home affairs, customs union, external relations, common foreign and security policy and institutions, by reason of the accession of Bulgaria and Romania (OJ L 363, 20.12.2006, p. 1).
(2) OJ L 194, 31.7.2000, p. 1, Regulation as last amended by Commission Regulation (EC) No 556/2007 (OJ L 132, 24.5.2007, p. 3).
(3) OJ L 160, 12.6.1989, p. 1. Regulation as last amended by the 2005 Act of Accession.
(4) OJ L 105, 25.4.1990, p. 9, Regulation as last amended by Commission Regulation (EC) No 2140/98 (OJ L 270, 7.10.1998, p. 9).
(5) OJ L 149, 14.6.1991, p. 1. Regulation as last amended by the 2005 Act of Accession.
ANNEX I
AGREEMENT
between the Community and Montenegro on reciprocal preferential trade concessions for certain wines
1. Imports into the Community of the following wines referred to in Article 2 of this Protocol shall be subject to the concessions set out below:
CN code |
Description (in accordance with Article 2(1)(b) of Protocol 2) |
applicable duty |
quantities (hl) |
ex 2204 10 |
Quality sparkling wine |
exemption |
16 000 |
ex 2204 21 |
Wine of fresh grapes |
2. The Community shall grant a preferential zero-duty within the tariff quotas determined in point 1, subject to the condition that no export subsidies shall be paid for exports of these quantities by Montenegro.
3. Imports into Montenegro of the following wines referred to in Article 2 of this Protocol shall be subject to the concessions set out below:
Montenegrin customs tariff code |
Description (in accordance with Article 2(1)(a) of Protocol 2 |
applicable duty |
entry into force quantity (hl) |
yearly increase (hl) |
specific provisions |
ex 2204 10 |
Quality sparkling wine |
exemption |
1 500 |
1 000 |
|
ex 2204 21 |
Wine of fresh grapes |
4. Montenegro shall grant a preferential zero-duty within tariff quotas determined in point 3, subject to the condition that no export subsidies shall be paid for exports of these quantities by the Community.
5. The rules of origin applicable under this Agreement shall be as set out in Protocol 3.
6. Imports of wine under the concessions provided in this Agreement shall be subject to the presentation of a certificate and an accompanying document in accordance with Commission Regulation (EC) No 883/2001 of 24 April 2001 laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 as regards trade with third countries in products in the wine sector (2) to the effect that the wine in question complies with Article 2(1) of Protocol 2. The certificate and an accompanying document shall be issued by a mutually recognised official body appearing on the lists drawn up jointly.
7. The Parties shall examine the opportunities for granting each other further concessions taking into account the development of wine trade between the Parties no later than three years after the entry into force of this Agreement.
8. The Parties shall ensure that the benefits granted reciprocally are not called into question by other measures.
9. Consultations shall take place at the request of either Party on any problem relating to the way this Agreement operates.
(1) The yearly increase is applied until the quota reaches a maximum of 3 500 hl.
(2) OJ L 128, 10.5.2001, p. 1. Regulation as last amended by Council Regulation (EC) No 1791/2006 of 20 November 2006 adapting certain Regulations and Decisions in the fields of free movement of goods, freedom of movement of persons, company law, competition policy, agriculture (including veterinary and phytosanitary legislation), transport policy, taxation, statistics, energy, environment, cooperation in the fields of justice and home affairs, customs union, external relations, common foreign and security policy and institutions, by reason of the accession of Bulgaria and Romania (OJ L 363, 20.12.2006, p. 1).
ANNEX II
AGREEMENT
between the Community and Montenegro on the reciprocal recognition, protection and control of wine, spirit drinks and aromatised wine names
Article 1
Objectives
1. The Parties shall, on the basis of non-discrimination and reciprocity, recognise, protect and control names of the products referred to in Article 2 of this Protocol in accordance with the conditions provided for in this Annex.
2. The Parties shall take all general and specific measures necessary to ensure that the obligations laid down by this Annex are fulfilled and that the objectives set out in this Annex are attained.
Article 2
Definitions
For the purposes of this Agreement and except where otherwise expressly provided herein:
(a) |
‘originating’, when used in relation to the name of a Party, shall mean that:
|
(b) |
‘geographical indication’ as listed in Appendix 1 means an indication as defined in Article 22(1) of the Agreement on Trade Related Aspects of Intellectual Property Rights (hereinafter referred to as ‘the TRIPS Agreement’); |
(c) |
‘traditional expression’ means a traditionally used name, as specified in Appendix 2, referring in particular to the method of production or to the quality, colour, type or place, or a particular event linked to the history of the wine concerned and recognised by the laws and regulations of a Party for the purpose of describing and presenting of such a wine originating in the territory of that Party; |
(d) |
‘homonymous’ means the same geographical indication or same traditional expression, or such a term so similar as to be likely to cause confusion, to denote different places, procedures or things; |
(e) |
‘description’ means the words used to describe a wine, spirit drink or aromatised wine on a label or documents accompanying the transport of wine, spirit drink or aromatised wine, on commercial documents particularly invoices and delivery notes, and advertising material; |
(f) |
‘labelling’ means all descriptions and other references, signs, designs, geographical indications or trademarks which distinguish wines, spirit drinks or aromatised wines and which appear on the same container, including its sealing device or the tag attached to the container and the sheathing covering the neck of bottles; |
(g) |
‘presentation’ means the entirety of terms, allusions and the like referring to a wine, spirit drink or aromatised wine used on the labelling, on the packaging; on the containers, the closure, in advertising and/or sales promotion of any kind; |
(h) |
‘packaging’ means the protective wrappings, such as papers, straw envelopes of any kind, cartons and cases, used in transport of one or more containers or for sale to the ultimate consumer; |
(i) |
‘produced’ means the entire process of wine-making, spirit drink-making and aromatised wine-making; |
(j) |
‘wine’ means solely the beverage resulting from full or partial alcoholic fermentation of fresh grapes of the vine varieties, referred to in this Agreement whether or not pressed, or of its must; |
(k) |
‘vine varieties’ means varieties of plants of Vitis Vinifera without prejudice to any legislation which a Party may have in respect of the use of different vine varieties in wine produced in that Party; |
(l) |
‘WTO Agreement’ means the Marrakesh Agreement establishing the World Trade Organisation done on 15 April 1994. |
Article 3
General importation and marketing rules
Unless otherwise provided for in this Agreement, importation and marketing of the products referred to in Article 2 shall be conducted in compliance with the laws and regulations applying in the territory of the Party.
TITLE I
RECIPROCAL PROTECTION OF WINE, SPIRIT DRINKS AND AROMATISED WINE NAMES
Article 4
Protected names
Without prejudice to Articles 5, 6 and 7, the following shall be protected:
(a) |
as regards the products referred to in Article 2:
|
(b) |
as regards wines, spirit drinks or aromatised wines originating in Montenegro:
|
Article 5
Protection of names referring to Member States of the Community and of Montenegro
1. In Montenegro, references to the Member States of the Community, and other names used to indicate a Member State, for the purpose of identifying origin of the wine, spirit drink and aromatised wine:
(a) |
shall be reserved for wines, spirit drinks and aromatised wines originating in the Member State concerned, and |
(b) |
shall not be used by the Community otherwise than under the conditions provided for by the laws and regulations of the Community. |
2. In the Community, references to Montenegro, and other names used to indicate Montenegro (whether or not followed by the name of a vine variety), for the purpose of identifying origin of the wine, spirit drink and aromatised wine:
(a) |
shall be reserved for wines, spirit drinks and aromatised wines originating in Montenegro, and |
(b) |
shall not be used by Montenegro otherwise than under the conditions provided for by the laws and regulations of Montenegro. |
Article 6
Protection of geographical indications
1. In Montenegro, the geographical indications for the Community which are listed in Appendix 1, Part A:
(a) |
shall be protected for wines, spirit drinks and aromatised wines originating in the Community, and |
(b) |
shall not be used otherwise than under the conditions provided for by the laws and regulations of the Community; |
2. In the Community, the geographical indications for Montenegro which are listed in Appendix 1, Part B:
(a) |
shall be protected for wines, spirit drinks and aromatised wines originating in Montenegro, and |
(b) |
shall not be used otherwise than under the conditions provided for by the laws and regulations of Montenegro. |
3. The Parties shall take all measures necessary, in accordance with this Agreement, for the reciprocal protection of the names referred to in Article 4(a) and (b) second indents, which are used for the description and presentation of wines, spirit drinks and aromatised wines originating in the territory of the Parties. To that end, each Party shall make use of the appropriate legal means referred to in Article 23 of the TRIPS Agreement to ensure an effective protection and prevent geographical indications from being used to identify wines, spirit drinks and aromatised wines not covered by the indications or the descriptions concerned.
4. The geographical indications referred to in Article 4 shall be reserved exclusively for the products originating in the territory of the Party to which they apply and may be used only under the conditions laid down in the laws and regulations of that Party.
5. The protection provided for in this Agreement shall prohibit in particular any use of protected names for wines, spirit drinks and aromatised wines which do not originate in the geographical area indicated, and shall apply even when:
(a) |
the true origin of the wine, spirit drink or aromatised wine is indicated; |
(b) |
the geographical indication in question is used in translation; |
(c) |
the name is accompanied by terms such as ‘kind’, ‘type’, ‘style’, ‘imitation’, ‘method’ or other expressions of the sort. |
(d) |
the protected name is used in any way for products falling under heading 2009 of the Harmonized System of the International Convention on the Harmonized Commodity Description and Coding System, done at Brussels on 14 June 1983. |
6. If geographical indications listed in Appendix 1 are homonymous, protection shall be granted to each indication provided that it has been used in good faith. The Parties shall mutually decide the practical conditions of use under which the homonymous geographical indications will be differentiated from each other, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled.
7. If a geographical indication listed in Appendix 1 is homonymous with a geographical indication for a third country, Article 23(3) of the TRIPS Agreement applies.
8. The provisions of this Agreement shall in no way prejudice the right of any person to use, in the course of trade, that person's name or the name of that person's predecessor in business, except where such name is used in such a manner as to mislead consumers.
9. Nothing in this Agreement shall oblige a Party to protect a geographical indication of the other Party listed in Appendix 1 which is not or ceases to be protected in its country of origin or which has fallen into disuse in that country.
10. On the entry into force of this Agreement, the Parties shall no longer deem that the protected geographical names listed in Appendix 1 are customary in the common language of the Parties as a common name for wines, spirit drinks and aromatised wines as foreseen in Article 24(6) of the TRIPS Agreement.
Article 7
Protection of traditional expressions
1. In Montenegro, the traditional expressions for the Community listed in Appendix 2:
(a) |
shall not be used for the description or presentation of wine originating in Montenegro; and |
(b) |
may not be used for the description or presentation of wine originating in the Community otherwise than in relation to the wines of the origin and the category and in the language as listed in Appendix 2 and under the conditions provided for by the laws and regulations of the Community. |
2. Montenegro shall take the measures necessary, in accordance with this Agreement, for the protection of the traditional expressions referred to in Article 4 and used for the description and presentation of wines originating in the territory of the Community. To that end, Montenegro shall provide appropriate legal means to ensure an effective protection and prevent traditional expressions from being used to describe wine not entitled to those traditional expressions, even where the traditional expressions used are accompanied by expressions such as ‘kind’, ‘type’, ‘style’, ‘imitation’, ‘method’ or the like.
3. The protection of a traditional expression shall apply only:
(a) |
to the language or languages in which it appear(s) in Appendix 2 and not in translation; and |
(b) |
for a category of product in relation to which it is protected for the Community as set out in Appendix 2. |
4. The protection provided for in paragraph 3 is without prejudice to Article 4.
Article 8
Trademarks
1. The responsible offices of the Parties shall refuse the registration of a trademark for a wine, spirit drink or aromatised wine which is identical with, or similar to, or contains or consists of a reference to a geographical indication protected under Article 4 of Title I of this Agreement with respect to such wine, spirit drink or aromatised wine not having this origin and not complying with the relevant rules governing its use.
2. The responsible offices of the Parties shall refuse the registration of a trademark for a wine which contains or consists of a traditional expression protected under this Agreement if the wine in question is not one to which the traditional expression is reserved as indicated in Appendix 2.
3. Montenegro shall adopt the necessary measures to amend all trademarks so as to fully remove all reference to Community geographical indications protected under Article 4 of Title I of this Agreement. All said references shall be removed at the latest by 31 December 2008.
Article 9
Exports
The Parties shall take all steps necessary to ensure that, where wines, spirit drinks and aromatised wines originating in a Party are exported and marketed outside that Party, the protected geographical indications referred to in Article 4(a) and (b) second indents and in the case of wines, the traditional expressions of that Party referred to in Article 4(a)(iii) are not used to describe and present such products which originate in the other Party.
TITLE II
ENFORCEMENT AND MUTUAL ASSISTANCE BETWEEN COMPETENT AUTHORITIES AND MANAGEMENT OF THIS AGREEMENT
Article 10
Working Group
1. A Working Group functioning under the auspices of the Sub-Committee on Agriculture to be created in accordance with Article 123 of this Agreement between Montenegro and the Community shall be established.
2. The Working Group shall see to the proper functioning of this Agreement and shall examine all questions which may arise in implementing it.
3. The Working Group may make recommendations, discuss and put forward suggestions on any matter of mutual interest in the wine, spirit drink and aromatised wine sector which would contribute to the attainment of the objectives of this Agreement. It shall meet at the request of either of the Parties, alternatively in the Community and in Montenegro, at time and a place and in a manner mutually determined by the Parties.
Article 11
Tasks of the Parties
1. The Parties shall either directly or through the Working Group referred to in Article 10 maintain contact on all matters relating to the implementation and functioning of this Agreement.
2. Montenegro designates the Ministry of Agriculture, Forestry and Water Management as its representative body. The Community designates the Directorate-General Agriculture and Rural Development of the European Commission, as its representative body. A Party shall notify the other Party if it changes its representative body.
3. The representative body shall ensure the coordination of the activities of all the bodies responsible for ensuring the enforcement of this Agreement.
4. The Parties shall:
(a) |
mutually amend the lists referred to in Article 4 to this Agreement by decision of the Stabilisation and Association Committee to take account of any amendments to the laws and regulations of the Parties; |
(b) |
mutually decide, by decision of the Stabilisation and Association Committee, that the Appendices to this Agreement should be modified. The Appendices shall be deemed to be modified from the date recorded in an exchange of letters between the Parties, or the date of the Working Group decision, as the case requires; |
(c) |
mutually decide the practical conditions referred to in Article 6(6). |
(d) |
inform each other of the intention to decide new regulations or amendments of existing regulations of public policy concern, such as health or consumer protection, with implications for the wine, spirit and aromatised wine sector; |
(e) |
notify each other of any legislative, administrative and judicial decisions concerning the implementation of this Agreement and inform each other of measures adopted on the basis of such decisions. |
Article 12
Application and operation of this Agreement
The Parties designate the contact points set out in Appendix 3 to be responsible for the application and operation of this Agreement.
Article 13
Enforcement and mutual assistance between the Parties
1. If the description or presentation of a wine, spirit drink or aromatised wine in particular on the labelling, in official or commercial documents or in advertising, is in breach of this Agreement, the Parties shall apply the necessary administrative measures and/or shall initiate legal proceedings with a view to combating unfair competition or preventing the wrongful use of the protected name in any other way.
2. The measures and proceedings referred to in paragraph 1 shall be taken in particular:
(a) |
where descriptions or translation of description, names, inscriptions or illustrations relating to wine, spirit or aromatised wine drinks whose names are protected under this Agreement are used, directly or indirectly, which give false or misleading information as to the origin, nature or quality of the wine, spirit drink or aromatised wine; |
(b) |
where, for packaging, containers are used which are misleading as to the origin of the wine. |
3. If one of the Parties has reason to suspect that:
(a) |
a wine, spirit drink or aromatised wine as defined in Article 2, being or having been traded in Montenegro and the Community, does not comply with rules governing the wine, spirit drink or aromatised wine sector in the Community or in Montenegro or with this Agreement; and |
(b) |
this non-compliance is of particular interest to the other Party and could result in administrative measures and/or legal proceedings being taken, |
it shall immediately inform the representative body of the other Party.
4. The information to be provided in accordance with paragraph 3 shall include details of the non-compliance with the rules governing the wine, spirit drink and aromatised wine sector of the Party and/or this Agreement and shall be accompanied by official, commercial or other appropriate documents, with details of any administrative measures or legal proceedings that may, if necessary, be taken.
Article 14
Consultations
1. The Parties shall enter into consultations if one of them considers that the other has failed to fulfil an obligation under this Agreement.
2. The Party which requests the consultations shall provide the other Party with all the information necessary for a detailed examination of the case in question.
3. In cases where any delay could endanger human health or impair the effectiveness of measures to control fraud, appropriate interim protective measures may be taken, without prior consultation, provided that consultations are held immediately after the taking of these measures.
4. If, following the consultations provided for in paragraphs 1 and 3, the Parties have not reached agreement, the Party which requested the consultations or which took the measures referred to in paragraph 3 may take appropriate measures in accordance with Article 129 of this Agreement so as to permit the proper application of this Agreement.
TITLE III
GENERAL PROVISIONS
Article 15
Transit of small quantities
1. This Agreement shall not apply to wines, spirit drinks and aromatised wines, which:
(a) |
pass in transit through the territory of one of the Parties, or |
(b) |
originate in the territory of one of the Parties and which are consigned in small quantities between those Parties under the conditions and according to the procedures provided for in paragraph II. |
2. The following products referred to wines, spirit drinks and aromatised wines shall be considered to be small quantities:
1) |
quantities in labelled containers of not more than 5 litres fitted with a non-reusable closing device where the total quantity transported, whether or not made up of separate consignments, does not exceed 50 litres; |
2) |
|
The case of exemption referred to in point 1 may not be combined with one or more of the cases of exemption referred to in point 2.
Article 16
Marketing of pre-existing stocks
1. Wines, spirit drinks or aromatised wines which, at the time of the entry into force of this Agreement, have been produced, prepared, described and presented in compliance with the internal laws and regulations of the Parties but are prohibited by this Agreement may be sold until stocks run out.
2. Except where provisions to the contrary are adopted by the Parties, wines, spirit drinks or aromatised wines which have been produced, prepared, described and presented in compliance with this Agreement but whose production, preparation, description and presentation cease to comply therewith as a result of an amendment thereto may continue to be marketed until stocks run out.
APPENDIX 1
LIST OF PROTECTED NAMES