WT/REG338/1  
14 April 2014  
(14-2312)  Page: 1/29  
Committee on Regional Trade Agreements   
 
FACTUAL PRESENTATION 
FREE TRADE AGREEMENT BETWEEN  UKRAINE AND MONTENEGRO 
(GOODS AND SERVICES) 
Report by the Secretariat 
This report, prepared for the considerat ion of the Free Trade Agreement between 
Ukraine and Montenegro has been drawn up by the WTO Secretariat on its own 
responsibility and in full consultation with the Parties. The report has been drawn up 
in accordance with the rules and procedures contained in the Decision for a Transparency Mechanism for Regional Trade Agreements (WT/L/671). 
Any technical questions arising from this report may be addressed to 
Mr. Peter Milthorp (tel: +41 22 739 5016). Any statistical questions arising from this 
report may be addressed to Ms. Rowena Cabos (tel: +41 22 739 5185). 
 
 WT/REG338/1 
 
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  TABLE OF CONTENTS 
 
Page 
1   TRADE ENVIRONMENT ................................................................................................. 4  
1.1   Merchand ise trade ..................................................................................................... 4  
1.2   Trade in servic es and inve stment ................................................................................. 6  
2   CHARACTERISTIC ELEMEN TS OF THE AG REEMENT ...................................................... 8  
2.1   Background  Information ............................................................................................. 8  
3   PROVISIONS ON TRADE IN GOODS ............................................................................. 8  
3.1   Import duties and charges, and quantitative restrictions ................................................. 8  
3.1.1   General provisions .................................................................................................. 8  
3.1.2   Liberalization of  trade and ta riff lines ......................................................................... 9  
3.1.3   Tariff rate quotas ................................................................................................... 11 
3.2   Rules of origin .......................................................................................................... 11 
3.3   Export duties and charges,  and quantitative  restrictions ................................................. 12 
3.4   Regulatory provisions on trade in goods ....................................................................... 13 
3.4.1   Standards ............................................................................................................. 13 
3.4.1.1   Sanitary and phytosanitary measures .................................................................... 13 
3.4.1.2   Technical barriers to trade .................................................................................... 13 
3.4.2   Safeguard mechanisms ........................................................................................... 13 
3.4.2.1   Global safeguards ............................................................................................... 13 
3.4.2.2   Bilateral safeguards ............................................................................................. 14 
3.4.2.3   Special safeguards .............................................................................................. 14 
3.4.3   Anti-dumping and countervailing measures ............................................................... 14 
3.4.4   Subsidie s and State-aid .......................................................................................... 14 
3.4.5   Customs-re lated procedures .................................................................................... 14 
3.4.6   Other regulations ................................................................................................... 14 
3.5   Sector-specific provis ions on trad e in goods ................................................................. 15 
4   PROVISIONS ON TRADE IN SERVICES ....................................................................... 15  
4.1   Scope and definitions ................................................................................................ 15 
4.2   Denial of benefits ..................................................................................................... 15 
4.3   General provisions on trade in services ........................................................................ 15 
4.3.1   Mark et acce ss ....................................................................................................... 15 
4.3.2   National treatment and MFN .................................................................................... 15 
4.3.2.1   Nation al treatment .............................................................................................. 15 
4.3.2.2   MFN treatment ................................................................................................... 15 
4.3.3   Commercial presence ............................................................................................. 16 
4.3.4   Movement of  natural persons .................................................................................. 16 
4.4   Liberalization commitments ........................................................................................ 17 
4.4.1   Montenegro .......................................................................................................... 17 
4.4.2   Ukraine ............................................................................................................... . 18 WT/REG338/1 
 
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  4.5   Regulatory provisions ................................................................................................ 19 
4.5.1   Domestic regulation ............................................................................................... 19 
4.5.2   Recognition ........................................................................................................... 19 
4.5.3   Subsidies .............................................................................................................. 20 
4.5.4   Safeguards ........................................................................................................... 20 
4.5.5   Other ................................................................................................................. .. 20 
4.6   Sector specific provis ions on trade in services ............................................................... 20 
5   GENERAL PROVISIONS  OF THE AGREEMENT ............................................................. 21  
5.1   Tran sparency ........................................................................................................... 21 
5.2   Current payments and capital movements .................................................................... 21 
5.3   Exceptions ............................................................................................................... 21 
5.4   Accession and Withdrawal .......................................................................................... 21 
5.5   Institutio nal framework ............................................................................................. 21 
5.6   Disput e settlement ................................................................................................... 21 
5.7   Relationship with other agr eements concluded by the Parties .......................................... 24 
5.8   Government  procurement .......................................................................................... 25 
5.9   Intellectual property rights ......................................................................................... 25 
ANNEX 1 ....................................................................................................................... . 26 
 WT/REG338/1 
 
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Key Facts 
 
Parties to the Agreement: Ukraine and Montenegro 
 
Date of Signature:  18 November 2011  
 
Date of Entry into Force:  1 January 2013  
 
Date of Notification:   25 April 2013 
 
End of Implementation: 31 December 2013  
 
 
1  TRADE ENVIRONMENT1 
1.1.  The Agreement between Montenegro an d Ukraine for a Free Trade Agreement (the 
Agreement) was notified to the WTO pursuant  to Article XXIV:7(a) of the GATT 1994 and 
Article V:7 of the GATS.2  
1.2.  The Parties to the Agreement have very different economies, in terms of size, profile and 
structure. In 2012 Montenegro's GDP was estimated at US$4.0 billion and Ukraine's 
US$176 billion. 
1.3.  Montenegro's merchandise exports and imports totalled US$472 million and 2.3 billion in 
2012 making it the world's 142nd largest exporter and 126th largest importer (excluding intra-EU 
trade). Ukraine's merchandise exports and imports totalled US$68.5 billion and US$84.6 billion in 
2012 making it the world's 36th and 25th largest exporter and importer respectively (excluding 
intra EU trade).  
1.4.  In commercial services, in 2012 Montenegro was ranked 88th and 133rd with services exports 
of US$1.3 billion and imports of US$484 million. Uk raine's exports of commercial services totalled 
US$18.6 billion and imports US$13. 5 billion, ranking Ukraine 24th and 35th globally. Montenegro's 
trade to GDP ratio over 2010-2012 was 102.9. Ukraine's trade to GDP ratio over the same period 
was 109.1. 
1.1  Merchandise trade3 
1.5.  In 2012, Montenegro's exports to Ukraine were US$2.2 million, ranking it Montenegro's 
14th largest export market. In the same year Mo ntenegro's imports from Ukraine totalled 
US$6.2 million, ranking 17th amongst Montenegro's import sources. 
1.6.  In 2012, Ukraine's exports to Montenegro were US$5.7 million, ranking it Ukraine's 
101st largest export market. In 2012 Ukraine's imports from Montenegro were US$2.9 million, 
ranking it 86th amongst Ukraine's import sources.  
1.7.  Recent developments in intra-Party and world trade are presented in Chart 1.1 below. Over 
the period 2006-2012, Montenegro ran a deficit with  Ukraine and the world. Over the same period 
Ukraine ran a continuing surplus with Montenegro and a small but growing deficit with the world.  
                                               
1 Unless otherwise indicated, the source of data in this Section is the WTO World Trade Profiles as of 
September 2013. Montenegro provided the 2012 GDP and services trade in euros. Average exchange rate used: US$ 1 = € 0.0788. 
2 WT/REG338/N/1 and S/C/N/694 of 25 April 2013. 
3 Figures in this Section are from the UNSD, Comtrade database expre ssed in US dollars. Ranking in 
world trade excludes intra-EU trade. For bilateral trade,  figures as reported by th e Parties to UNSD, Comtrade 
database are used. WT/REG338/1 
 
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  Chart 1.1 Ukraine and Montenegro: Merchandise bilateral trade and with world 
0.000.020.040.060.08
050100150200
2006 2007 2008 2009 2010 2011 2012A. Ukraine 2006-2012
(US$ billions)
Imports from Montenegro (Right Axis)
Exports to Montenegro (Right Axis)
Total Imports
Total Exports
0.000.020.040.060.08
012345
2006 2007 2008 2009 2010 2011 2012B. Montenegro 2006-2012 
(US$ billions)
Imports from Ukraine (Right Axis)
Exports to Ukraine (Right Axis)
Total Imports
Total Exports
 
 
Note: Earliest bilateral trade data available for Ukraine is since 2008 and since 2006 for Montenegro.  Source: UNSD, Comtrade database.  
1.8.  The commodity structure of trade between th e Parties as well as their imports and exports to 
the world in the period 2010-2012 is shown in Char t 1.2 below on the basis of broad Harmonised 
System (HS) sections. Montenegro's main imports from Ukraine were chemicals and minerals 
(77% of imports from Ukraine) although those products comprised 23% of Montenegro's global 
imports and only 29% of Ukraine's global exports. Ukraine's principal imports from Montenegro 
were chemicals (55%) and "other" (43%). In comparison Ukraine's principal exports to the world 
were base metals (31%), minerals (13%) machinery (10%) and vegetables (10%).  
Chart 1.2 Ukraine and Montenegro: Product composition of merchandise trade, annual 
average (2010-2012) 
55
243Ukraine imports from Montenegro (%)
35
15
1087643329Ukraine's global imports (%)
52
159553327Montenegro's global exports (%)
42
3574227Montenegro's imports from Ukraine (%)
7
18
12
1211764448326Montenegro's global imports(%)
31
13
1010775529Ukraine's global exports(%)Total: US$ 2.1 million Total: US$ 76 billion
Total: US$ 2.4 billionTotal: US$ 63 billionTotal:  US$ 511 million
Total: US$ 5.1 million
VegetablesPlasticsWood pulpBase 
metalsVehiclesAnimal products
OtherPrepared foods
Machinery Textiles MineralsChemicals
Articles of stone, plaster, cementArticles of wood Animal or vegetable fats and oilsMiscellaneous 
 
 
Source: UNSD, Comtrade database. WT/REG338/1 
 
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  1.2  Trade in services and investment 
1.9.  Chart 1.3 below shows Montenegro and Ukrain e's global services import and export trade, 
with a breakdown by sector for the period 2000-2012. During the period Ukraine ran a slight services trade deficit whilst increasing total imports and exports of services. Ukraine's largest 
service import sectors were transportation, communication, financial and other business services; 
its largest export sectors were transport, communication and other business services. 
1.10.  During the same period Montenegro's global imports of services expanded less, and also 
operated at a slight trade surplus. Montenegro's largest service import sectors were 
transportation, other business services and construction; Montenegro's largest service export sectors were travel, transportation, and other business services.  
Chart 1.3 Ukraine and Montenegro trade in services with world 
05101520
2000 2002 2004 2006 2008 2010 2012A. Ukraine imports from world
2000-2012
(US$ billion) 
05101520
2000 2002 2004 2006 2008 2010 2012B. Ukraine exports to world
2000-2012
(US$ billion) 
0100200300400500600
2008 2009 2010 2011 2012C. Montenegro imports from world
2008-2012
(US$ million) 
05001,0001,5002,000
2008 2009 2010 2011 2012D.Montenegro exports  to world
2008-2012
(US$ million) 
Transportation services
Travel
Communications services
ConstructionFinancial services
Computer and information servicesRoyalties and license fees
Other business services
Personal, cultural and recreational servicesInsurance services
 
 
Note: The average exchange rate used for converting Montenegro Euros to US Dollars: 0.683 (2008), 0.72 
(2009), 0.755 (2010), 0.719 (2011), 0.788 (2012). 
 Source: UNCTAD, Montenegro and Ukraine authorities (2010-2012).  
1.11.  Chart 1.4 below shows bilateral service trade between the two Parties during the period 
2000-2012 with Ukraine maintaining a trade surplus with Montenegro.  WT/REG338/1 
 
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  Chart 1.4 Ukraine bilateral trade in services with Montenegro, 2010-2012 
024681012
2010 2011 2012A. Ukraine exports to Montenegro
(US$ million)
Personal, cultural andrecreational services
Other business services
Royalties and licence
fees
Computer and
information services
Financial services
Insurance services
Construction
Communications services
Travel
Transportation services 01234567
2010 2011 2012B. Ukraine imports from Montenegro
(US$ million)
 
Source: Ukraine authorities. 
 
1.12.  Chart 1.5 below shows total foreign direct investment for the period 2000-2012 for Ukraine 
and 2008-2012 for Montenegro. Both were net inward recipients of FDI. Ukraine's inward FDI grew 
significantly during the period, and Montenegro's declined. Montenegro was a smaller recipient of 
global FDI than Ukraine.  
Chart 1.5 Ukraine and Montenegro: FDI stock and flow with world 
020406080
2000 2002 2004 2006 2008 2010 2012Ukraine FDI stock with world,
2000-2012
(US$ billion) 
Outward Inward
-5051015
2000 2002 2004 2006 2008 2010 2012Ukraine FDI flow with world,
2000-2012
(US$ billion) 
Outward Inward
0123456
2008 2009 2010 2011 2012Montenegro FDI stock with world, 
2008-2012
(US$ billion) 
Outward
Inward
0123456
2008 2009 2010 2011 2012Montenegro FDI flow with world, 
2008-2012
(US$ billion) 
Outward
Inward
 
 
Source: UNCTAD. WT/REG338/1 
 
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  2  CHARACTERISTIC ELEMENTS OF THE AGREEMENT 
2.1  Background Information 2.1.  The Agreement establishing the Ukraine- Montenegro Free Trade Area was signed by the 
Parties on 18 November 2011. The Agreement entered into force on 1 January 2013 for both 
Parties. The Agreement was notified to the WTO on 25 April 2013 in document WT/REG338/N/1 
and S/C/N/694 pursuant to Article XXIV:7 of the GATT 1994 and Article V:7 of the GATS.  
2.2.  The text of the Agreement is available from the following website:  
 http://www.minekon.gov.me/en/organization /multilateral/135409/Free-Trade-Agreement-
between-the-Government-of-Montenegro-and-the-Government-of-Ukraine.html  
 
2.3.  The Agreement is comprised of 6 Chapters and 60 Articles, along with 5 Annexes and 
Appendices.  
Box 2.1 Contents of the Agreement 
Chapters, and Annexes Title/description  
 
Chapter I General Provisions 
Chapter II Trade in Goods 
Chapter III Trade in Services  
Chapter IV Dispute Settlement 
Chapter V Institutional Provisions 
Chapter VI  Final Provisions 
Annexes Title 
Annex I Schedules of Tariff Commitments 
Annex II Rules of Origin and Methods of Administrative Cooperation 
Annex III Schedules of Specific Services Commitments  
Annex IV Financial Services 
Annex V Telecommunication Services 
Source: The Agreement and related annexes. 
 
3  PROVISIONS ON TRADE IN GOODS 
3.1  Import duties and charges,  and quantitative restrictions 
3.1.  Article 6 provides that the Agreement applies to products originating in the Parties classified 
under Chapters 1-97 of the HS2007. Article 7 provides that upon entry into force of the 
Agreement, the Parties shall abolish all customs duties on imports of products originating in 
Ukraine or in Montenegro covered by Article 6 exce pt as otherwise provided for in the Schedules of 
Tariff Commitments set out in Annex I of the Agreement. Article 8.2 of the Agreement provides 
that no new customs duties on imports or any taxes and other charges having equivalent effect 
shall be introduced by the Parties.  
3.2.  Under Annex I, Ukraine has entered a list of  exemptions to its tariff commitments, concerning 
HS Section I (Live animals and animal products) and IV (prepared foods); Montenegro has no list 
of exemptions under Annex I. Montenegro does however prohibit the import of certain wines 
(73 lines) due to protected geographical indications. (HS Section IV (Table 3.3)).  
3.3.  Article 11 of the Agreement provides that without prejudice to Article 7 of the Agreement 
(customs duties on imports) the rights and ob ligations of the Parties in respect of import 
restrictions shall be governed by Article XI of the GATT 1994 which is incorporated into and made part of the Agreement.  
3.1.1  General provisions 
3.4.  Article 1.2 sets out the objectives of the Ag reement. Article 2 provides that the definitions of 
terms used in the WTO Agreement are applicable for the purposes of the Agreement, unless WT/REG338/1 
 
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  provided otherwise in the Agreement.  As noted above, Article 7 of the Agreement provides that 
upon entry into force of the Agreement, the Part ies shall abolish all customs duties on imports, 
save as provided for in the Schedules of Tari ff Commitments in Annex I of the Agreement.  
3.1.2  Liberalization of trade and tariff lines 
3.5.  Tables 3.1 and 3.2 below show the tariff el imination schedule agreed by the Parties under the 
Agreement.  
3.6.  Table 3.1A below shows that prior to the en try into force of the Agreement, 37.7 of Ukraine's 
tariff was duty free on an MFN basis, corresp onding to 1.1% of its average imports from 
Montenegro during 2010-2012.4 With the entry into force of the Agreement, a further 6,635 lines, 
comprising a remaining 61.9% of the tariff, became duty free for historical imports from Montenegro, representing 98.9%% of Ukraine's im ports from Montenegro. From the entry into 
force of the Agreement 0.4% of tariff lines remain dutiable for imports from Montenegro. 
Table 3.1: Tariff elimination commitments under the Agreement and corresponding 
average trade 
A. Ukraine 
Duty phase-out 
period Number 
of lines % of total 
lines in 
Ukraine's 
tariff schedule Value of Ukraine's imports 
from Montenegro 
(2010-2012) in million US$ % of Ukraine's 
total imports 
from Montenegro 
2010-2012 
MFN duty free (2013) 4,048 37.7 0.01 1.1 
2013 6,635 61.9 0.88 98.9 
Remain dutiable 41 0.4 0.00 0.0 
Total 10,724 100.0 0.89 100.0 
Note: Based on the HS 2007 nomenclature. Import coverage only includes HS chapters 1-97. 
 Source:  WTO Secretariat estimates based on  data provided by Ukraine and WTO-IDB. 
 
3.7.  Table 3.1B below shows that 26.6% of Montenegro's MFN tariff was duty free, corresponding 
to 42.4% of its imports from Ukraine.5 With the entry into force of the Agreement, a further 
6,811 tariff lines concerning 57.6% of Montenegro's  imports from Ukraine became duty free. With 
the entry into force of the Agreement 99.2% of tariff lines applied to Montenegro's imports from Ukraine became duty free.  
Table 3.1 Tariff elimination commitments under the Agreement and corresponding 
average trade B. Montenegro 
Duty phase-out period Number 
of lines % of total 
lines in 
Montenegro's 
tariff 
schedule Value of 
Montenegro's 
imports from 
Ukraine 
(2010-2012) 
in million US$ % of 
Montenegro's 
total imports 
from  
Ukraine 
2010-2012 
MFN duty free (2013) 2,492 26.6 1.2 42.4 
2013 6,811 72.6 1.7 57.6 
Products not liberalized* 73 0.8   
Total 9,376 100.0 2.9 100.0 
* Wines protected by geographical indication s which cannot be imported from Ukraine. 
Note: Based on the HS 2012 nomenclature.  Source:  WTO Secretariat estimates based on data provided by Montenegro.  
3.8.  Tables 3.2 and 3.3 below show tariff line s remaining dutiable by broad HS Section, while 
Chart 3.1 shows the average duty rates of tariff lines remaining under the Agreement by 
HS Chapter. Once the Agreement is implemented Ukraine will maintain tariffs for imports from 
Montenegro for 34 lines in HS Section I (live animals) and 7 lines in HS Section IV (prepared 
                                               
4 In 2013 Ukraine's MFN applied tariff was composed of 10, 626 lines at the HS 8 digit level, 99.09% of 
which had ad valorem  rates of duty; 98 items had specific rates of duty (0.91% of the tariff). 
5 In 2013 Montenegro's applied tariff was composed of 9,376 lines at the HS 8 digit level, 97.23% of 
which had ad valorem  rates of duty; 260 tariff lines had mixed rates of duty (2.77% of the tariff). WT/REG338/1 
 
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  foods). These correspond to HS Chapters 2 and 17 with average tariffs at 10.8% and 50% 
respectively for Ukraine.  
Chart 3.1 Ukraine and Montenegro: Average of remaining dutiable rates, by HS Chapter 
020406080100
21 7Average rate of duty (%)  
HS Chapter
MFN Preferential
 
 
Source:  WTO Secretariat estimates based on data provided by Ukraine and Montenegro authorities. 
 
Table 3.2 Ukraine: Tariff elimination under the Agreement, by HS Section  
HS Section MFN average%  No. of lines Duty-free lines in  
MFN 2013 No. of duty-free 
lines under the 
Agreement Remain dutiable Avg. Final 
Tariff 
(Dutiable)  
2013 
I 7.0 853 286 533 34 10.8 
II 9.3 563 137 426   
III 8.8 146 28 118   
IV 10.0 901 95 799 7 50.0 
V 2.6 269 98 171   
VI 3.3 1,375 511 864   
VII 3.8 409 133 276   
VIII 5.8 156 17 139   
IX 0.9 214 178 36   
X 0.0 220 220    
XI 5.6 1,260 325 935   
XII 10.0 113  113   
XIII 7.1 292 28 264   
XIV 4.6 66 2 64   
XV 1.8 1,091 763 328   
XVI 2.8 1,746 828 918   
XVII 5.3 378 126 252   
XVIII 3.7 365 183 182   
XIX 6.2 69  69   
XX 5.8 231 83 148   
XXI 0.0 7 7    
Total 4.8 10,724 4,048 6,635 41 17.5 
Note: For the calculation of averages, specific rates are excluded and the ad valorem equivalents  (AVEs) 
provided by the Ukrainian authorities of the alternate rates are included. 
 Based on the HS 2007 nomenclature.  Source:  WTO Secretariat estimates ba sed on data provided by Ukraine. 
Table 3.3 Montenegro: Tariff elimination under the Agreement, by HS Section 
HS 
Section MFN 
average%  No. of lines Duty-free lines in 
MFN 2013 No. of duty-free lines 
under the Agreement Products not 
liberalized* 2013 
I 15.8 930 46 884  
II 8.0 552 127 425  WT/REG338/1 
 
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  HS 
Section MFN 
average%  No. of lines Duty-free lines in 
MFN 2013 No. of duty-free lines 
under the Agreement Products not 
liberalized* 2013 
III 2.7 128 79 49  
IV 19.0 830 36 721 73 
V 1.3 235 131 104  
VI 1.6 1,151 183 968  
VII 2.8 301 79 222  
VIII 5.2 130 30 100  
IX 0.9 212 156 56  
X 0.0 195 194 1  
XI 5.4 1,159 47 1,112  
XII 5.6 106 2 104  
XIII 4.4 238 10 228  
XIV 3.9 56 4 52  
XV 2.9 953 542 411  
XVI 1.9 1,373 523 850  
XVII 1.5 264 113 151  
XVIII 1.4 322 152 170  
XIX 22.5 22  22  
XX 6.5 212 38 174  
XXI 5.0 7  7  
Total 5.9 9,376 2,492 6,811 73 
* Wines protected by geog raphical indications which cannot be im ported into Montenegro from Ukraine 
(HS Subheadings 220421 and 220429). Note: For the calculation of averages, specific rates are excluded and the ad valorem  parts of alternate 
rates are included. 
 Based on the HS 2012 nomenclature.  Source:  WTO Secretariat estimates based on data provided by Montenegro.  
3.1.3  Tariff rate quotas 
3.9.  There are no provisions in the Agreement on tariff rate quotas, nor commitments on tariff 
rate quotas in the Schedules of the Parties under Annex I of the Agreement.  
3.2  Rules of origin 3.10.  Article 6 of the Agreement provides that th e Agreement applies to all products originating in 
the Parties classified under Chapters 1-97 of the HS 2007. Article 16 on Rules of Origin, provides 
that the provisions of the Agreement shall be a pplied to all products covered by the Agreement 
provided they satisfy the requirements of Annex II of the Agreement ("Rules of Origin and Methods 
of Administrative Cooperation").  
3.11.  Annex II to the Agreement contains 36 Articles and 4 Appendices. Article 1 contains the 
definitions used in the Annex. Article 2.1 provides that the following goods shall be considered as 
originating in Montenegro: (a) products wholly obtained in Montenegro consistent with Article 5 of 
Annex II, and (b) products obtained in Montenegro incorporating materials not obtained there, provided that such materials have undergone sufficient working or processing in Montenegro within the meaning of Article 6 of Annex II. Article 2.2 contains identical terms in respect of 
products originating in Ukraine.  
3.12.  Articles 3 and 4 contain provisions on cu mulation of origin for Montenegro and Ukraine 
respectively. Those Articles provide that products will be considered as originating in one Party if 
such products are obtained there, incorporating materials originating in the other Party, provided 
that the processing carried out in the first Party goes beyond the operations referred to in Article 7.  
3.13.  Article 5.1 sets out a list of products considered to be wholly obtained in Montenegro or 
Ukraine. Article 5.2 sets out particular provisions on vessels and factory ships.  
3.14.  Article 6 and Appendix II of Annex II set out the requirements for sufficient working or 
processing of goods in order to obtain origin. Article 6.1 provides that products which are not 
wholly obtained are considered to be sufficiently worked or processed when the conditions set out 
in Appendix II are met. Article 6.2 provides that non-originating materials may be used in the WT/REG338/1 
 
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  manufacture of another product, provided that (a) the total value does not exceed 10% of the 
ex-works price of the product, and any of the percentages given in the Appendix II list for 
maximum value of non-originating materials are not ex ceeded. Article 6.2 also provides that it will 
not apply to products falling within Chapters 50-6 3 of the Harmonized system. Article 6.3 provides 
that Articles 6.1 and 6.2 shall not apply to goods excluded by the effect of Article 7.  
3.15.  Article 7 concerns insufficient working or processing, and sets out in Article 7.1(a)-(p) a list 
of operations which are deemed to not confer the status of originating products, regardless of 
whether the requirements of Article 6 are satisfied.  Article 7.2 provides that all operations carried 
out on a given product in either Montenegro or Ukraine shall be considered together when determining if the working or processing is to be  regarded as insufficient within the meaning of 
Article 7.1. The treatment of accessories, spares and tools is set out in Article 9. Article 10 
concerns the treatment of sets. Article 11 provides a list of neutral elements which are not 
required to be included in a determination of origin. 
3.16.  Article 12.1 provides that except as provided for in Articles 3 and 4 (cumulation) and 
Article 12.3, the conditions for acquiring originating status must be fulfilled without interruption in 
Montenegro or in Ukraine. Article 12.2 concerns originating goods from one of the Parties that 
have been exported to another country and returned. Such goods must be considered to be 
non-originating, unless it can be demonstrated (to the satisfaction of customs authorities) that (a) 
the returning goods are the same as those exported, and (b) they have not undergone any processing beyond that necessary to preserve th em in good condition while in that country or 
whilst being exported. Article 12.3 provides that materials with originating status shall not be 
affected by working or processing done outsid e Montenegro or Ukraine (and subsequently re-
imported) provided it can be demonstrated (a) the materials were wholly obtained in the Party and have undergone processing beyond the operatio ns specified in Article 7 and (b) it can be 
demonstrated to the satisfaction of the customs authorities that (i) the re-imported goods have 
been obtained by working or processing the mate rials, and (ii) the total value added acquired 
outside the Parties by applying Article 12 does no t exceed 10% of the ex-works price of the end 
product for which originating status is claimed.  
3.17.  Article 13 concerns direct and transit tran sport of goods between the Parties, including by 
pipelines. Article 14 concerns originating products sent for exhibitions outside the territory of the 
Parties. Article 15 prohibits drawback of or ex emption from customs duties on non-originating 
materials used in the manufacture of originating products in the territory of the Parties.  
3.18.  Articles 16-31 proof of origin and certification thereof. Article 16.1 provides that products 
exported from one Party to the territory of another must provide (a) a certificate of origin EUR.1 
(a specimen of which is set out in Appendix III) or (b) as set out in Article 22(1) of Annex II, an 
invoice declaration given by the exporter which describes the products concerned in sufficient detail to enable them to be identified, in order to benefit from the Agreement. Article 17 describes 
the process for issue of a EUR.1 certificate. Article 18 permits the retrospective issue of 
EUR.1 certificates, in certain defined circumstances.  
3.3  Export duties and charges,  and quantitative restrictions 
3.19.  Article 9 of the Agreement concerns customs duties on exports. It provides that each Party 
may apply customs duties on exports of originatin g goods covered by Article 6 of the Agreement. 
Article 9.2 provides that Ukraine retains its WTO commitments regarding the application of export 
duties on oilseeds, live cattle and animal skins and the timetable for export duty cuts.  
3.20.  Ukraine's currently applied export duties including MFN and preferential rates applied are 
set out in Table 3.4 below of which only those relating to waste and scrap of case iron and steel are applied for imports from Montenegro. Montenegro applies no export duties.  
Table 3.4 Export duties levied by Ukraine, 2013 
HS 2007 Tariff heading or code 
to which products belong Product description Duty rate in 2013 Applied to 
preferential trading 
partners, 2013 
0102 90 Live cattle, heifers, breeding 25% No 
0104 10 Live sheep  25% No 
4101 Cattle hides  25% No WT/REG338/1 
 
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  HS 2007 Tariff heading or code 
to which products belong Product description Duty rate in 2013 Applied to 
preferential trading 
partners, 2013 
4102 Sheep or lamb skin  25% No 
4103 30 00 00 
4103 90 90 00 Pigskin, other hides 25% No 
120400, 120600, 1207999700 Flax, false flax, sunflower seeds  10% No 
7204 10 00 00; 7204 30 00 00; 
7204 41 10 00; 7204 41 91 00; 
7204 41 99 00; 7204 49 10 00; 7204 49 30 00; 7204 49 91 00; 7204 49 99 00; 7204 50 00 00 Waste and scrap of cast iron, 
steel, etc. 11.6 Euro per tonne  No 
7202 99 80 00; 7204 21; 7204 29 
00 00; 7204 50 00 00; 7218 10 
00 00; Waste and scrap of cast iron, 
steel, etc. 18% Yes 
 
Source: Information provided by the authorities.  
3.21.  Article 11 provides that without prejudice to Article 7 the rights and obligations of the 
Parties to apply export restrictions shall be governed by Article XI of the GATT 1994, which is 
incorporated into the Agreement by reference.  
3.4  Regulatory provisions on trade in goods 
3.4.1  Standards 
3.4.1.1  Sanitary and phytosanitary measures 3.22.  Article 15.1 provides that the rights and oblig ations of the Parties in respect of sanitary and 
phytosanitary measures shall be governed by the WTO Agreement on SPS measures. Article 15.2 
requires the Parties to exchange names and addr esses of contact points with SPS expertise in 
order to facilitate communication and exchange of information. Ukraine's State Veterinary and Phytosanitary Service of Ukraine is Ukraine's nominated contact point.  
3.4.1.2  Technical barriers to trade 
3.23.  Article 14.1 of the Agreement provides that  the rights and obligations of the Parties in 
respect of technical regulations, standards and conformity assessment shall be governed by the 
WTO Agreement on TBT. Article 14.2 provides that the Parties agree to hold consultations when a 
Party considers that another Party has taken measures that are not in conformity with the TBT Agreement, and which are likely to create or have created an obstacle to trade in order to find a 
solution in conformity with the TBT Agreement. According to the Parties, no such consultations 
have been held. 
3.4.2  Safeguard mechanisms 3.4.2.1  Global safeguards 
3.24.  Article 20 concerns global safeguards. Article 20.1 provides that if a product (regardless of 
origin) is being imported in such increased quantities (absolute or relative to domestic production) and under such conditions as to cause or threaten serious injury to the domestic industry that 
produces like or directly competitive products each Party has a right to apply safeguard measures 
to those products according to Article XIX of the GATT 1994 and WTO Agreement on Safeguards.  
3.25.  Article 23 contains a safeguard for balance of payments situations and provides in 
Article 23.2 that a Party facing serious balance of payments difficulties, or under imminent threat 
thereof, may, in accordance with the conditions established under the GATT 1994 and the WTO 
Understanding on the Balance of Payments Prov isions of the GATT 1994 adopt trade restrictive 
measures, which shall be of limited duration and non-discriminatory, and may not go beyond what 
is necessary to remedy the balance of payments situation. WT/REG338/1 
 
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  3.4.2.2  Bilateral safeguards 
3.26.  Article 19 of the Agreement concerns bila teral safeguard measures. Article 19.1 provides 
that where as a result of the reduction or elimin ation of a customs duty under the Agreement, any 
product originating in a Party is being imported into the territory of the other Party in such 
increased quantities, in absolute or relative to domestic production, and under such conditions as 
to constitute a substantial cause of serious injury or threat thereof to the domestic industry of like or directly competitive products in the territory of the importing Party, that Party may take 
bilateral safeguard measures to the minimum exte nt necessary to remedy or prevent the injury, 
subject to the provisions of Article 19.2-10. Articl e 19.2 provides that bilateral safeguard measures 
may only be taken upon clear evidence that increased imports have caused or are threatening to cause serious injury in accordance with the procedures set out in Articles 3 and 4 of the 
WTO Agreement on Safeguards. A lesser duty rule is contained in Article 19.4. 
3.27.  Article 19.5 provides that bilateral safeguard measures shall be taken for a period not 
exceeding two years. If exceptional circumstances exist, and following review by the Joint Free 
Trade Committee, measures may be applied for up to three years.  
3.28.  Article 22 sets out a mandatory consultation procedure prior to the application of measures 
pursuant to Article 19.  
3.4.2.3  Special safeguards 
3.29.  There are no provisions on special safeguards in the Agreement.  3.4.3  Anti-dumping and countervailing measures 3.30.  Article 21 concerns Antidumping and Countervailing Measures. Article 21.1 sets out the 
agreement of both Parties that such measures should be used in full compliance with Article VI of 
GATT 1994, the WTO Agreement on Implementation  of Article VI and the WTO Agreement on 
Subsidies and Countervailing Measures and based on a fair and transparent system. 
Articles 21.2-4 set out additional requirements in relation to antidumping duties only, with 
Article 21.3 imposing a lesser duty rule. Articl e 21.4 provides that the Party subject to an 
antidumping duty imposed by the other Party has the right to request consultations in order to 
discuss the impact of the anti-dumping measures on bilateral trade and review national 
antidumping legislation.  
3.31.  Article 22 sets out a mandatory consultations procedure prior to the application of measures 
pursuant to Article 21.  
3.4.4  Subsidies and State-aid 
3.32.  There are no provisions in the Agreement on Subsidies and State-aid.  3.4.5  Customs-related procedures 
3.33.  There are no specific provisions on customs procedures in the Agreement.  
3.4.6  Other regulations 3.34.  Article 8.1 provides that VAT and excise taxes levied in connection with the customs 
clearance of imported goods are not covered by taxes having an equivalent effect to customs 
duties, and according to the Parties VAT and excise duties are treated as distinct from other duties 
and charges. Article 12 of the Agreement provides that the Parties shall apply any internal taxes 
and other charges and regulations in acco rdance with Article III of the GATT 1994.  
3.35.  On Customs Valuation, Article 17 of the Ag reement provides that the Parties shall determine 
the customs value of the goods traded between them in accordance with the provisions of 
Article VII of the GATT 1994 and the WTO Agreement on Implementation of Article VII of the 
GATT 1994. WT/REG338/1 
 
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  3.36.  On transit, Article 18 provides that the Part ies shall ensure free transit of goods originating 
in the territory of the other and transported thro ugh the territory of the State of the Party in 
accordance with their national legislation.  
3.37.  Article 24 concerns State Trading Enterprises and provides that the rights of the Parties in 
respect of state trading enterprises shall be go verned by Article XVII of the GATT 1994 and the 
Understanding on the Interpretation of Article XVII of the GATT 1994 which is incorporated into 
and made part of the Agreement.  
3.5  Sector-specific provisions on trade in goods 
3.38.  There are no sector specific provisions on trade in goods. 4  PROVISIONS ON TRADE IN SERVICES 4.1  Scope and definitions 
4.1.  Articles 25-44 of the Agreement concern trade in services. Article 25.1 provides that the 
Agreement applies to measures by the Parties affecting trade in services, in respect of all services sectors. Article 25.2 provides that the Chapter do es not apply to measures affecting air transport 
services or measures affecting services directly re lated to the exercise of air traffic rights, except 
as provided for in paragraph 3 of the GATS Anne x on Air Transport Services. The definitions of 
paragraph 6 of the GATS Annex on Air Transport Se rvices are incorporated into and made part of 
the Chapter.  
4.2.  Article 25.3 provides that Articles 28, 29 and 30 do not apply to laws, regulations or 
requirements governing the procurement by gove rnmental agencies of services purchased for 
governmental purposes and not with a view to commercial resale or with a view to use in the 
supply of services for commercial resale. 
4.3.  Article 26 imports certain definitions from the GATS and Article 27 contains other definitions 
used in the Chapter.  
4.2  Denial of benefits 
4.4.  The Agreement contains no specific provisions permitting the denial of benefits.  4.3  General provisions on trade in services 
4.3.1  Market access 
4.5.  Article 29 of the Agreement provides that commitments on market access shall be governed 
by Article XVI of the GATS, which is incorporated  into the Agreement by reference. Additional 
commitments are governed by Article XVIII of th e GATS, which is incorporated by reference 
pursuant to Article 31 of the Agreement.  
4.3.2  National treatment and MFN 4.3.2.1  National treatment 
4.6.  Article 30 concerns National Treatment in services and provides that commitments on 
national treatment shall be governed by Article XVII of the GATS which is incorporated into the 
Agreement by reference. 
4.3.2.2  MFN treatment 
4.7.  Article 28 concerns Most Favoured Nation Treatment in services. Article 28.1 provides that 
without prejudice to measures taken under Article V II of the GATS, and except as provided in each 
Party's List of MFN Exemptions contained in Annex III to the Agreement, a Party shall accord 
treatment no less favourable than the treatment it accords any non-party to services and service WT/REG338/1 
 
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  suppliers to the other Party to the Agreement. Article 28.2 provides that any such treatment 
pursuant to another agreement (entered into before or after the Agreement) provided to a non-party and notified under GATS Article V or V bis shall not be subject to Article 28.1.  
4.8.  If a Party enters into or amends such an ag reement, Article 28.3 requires that Party to notify 
the other Party without delay and endeavour to accord to the other Party treatment no less 
favourable that that provided under that agreement. Article 28.4 provides that the rights and obligations of the Parties in respect of advantages accorded to adjacent countries shall be 
governed by paragraph 3 of Articl e II of the GATS, which is incorporated by reference into the 
Agreement. 
4.3.3  Commercial presence 4.9.  Footnote 1 to the defined term "service supplier" in Article 27 of the Agreement provides that 
when a service is not supplied or (sought to be supplied) by a juridical person but through other 
forms of commercial presence such as a branch or representative office, the service supplier 
(juridical person) shall, through such commercial presence, be accorded treatment provided for 
service suppliers under the Chapter. That treatmen t shall be extended to the commercial presence 
through which the service is supplied (or sought to be supplied) and need not be extended to other 
parts of the service supplier located outside the terr itory where the service is supplied or sought to 
be supplied. The definition of "commercial pres ence" used in Article XXVIII of the GATS is 
incorporated into and made part of the Chapter, per Article 27(f) of the Agreement.  
4.3.4  Movement of natural persons 4.10.  Article 34 of the Agreement concerns the movement of natural persons under the 
Agreement. Article 34.1 provides that the Article applies to measures affecting natural persons 
who are service suppliers of a Party and also to natural persons employed by a service supplier of 
a Party in respect of supplying a service. Article 34.2 provides that the Chapter does not apply to 
natural persons seeking access to the employment market nor to measures regarding nationality, 
residence or employment on a permanent basis. Article 34.3 notes that natural persons covered by a specific commitment shall be permitted to supply the service in accordance with the terms of 
that commitment. Article 34.4 states that the Chapter does not prevent a Party from applying 
measures to regulate the entry of natural persons of the other Party into its territory on a temporary basis nor measures necessary to protect the integrity of its borders, provided that such measures do not nullify or impair the benefits inscribed in the Party's Schedule of Specific 
Commitments under the Agreement.  
4.11.  The horizontal commitments of Montenegro's  Schedule sets out its commitments in relation 
to the movement of natural persons. Intra-corporate transferees are permitted to enter and 
remain for a maximum of three years, when transferred within a corporation and its subsidiaries 
and branches if they have been (i) employed by a legal person established in another WTO 
Member for at least one year immediately prior to the date of entry (ii) temporarily transferred to 
a subsidiary or branch that is providing services in Montenegro and (iii) Managers, Executives or 
Specialists.  
4.12.  Montenegro's Schedule to the Agreement also permits the entry and temporary stay of 
Business Visitors, without application of an economic needs test. Business visitors may enter and 
remain for a maximum period of 90 days in an y 12 months. Covered business visitors are (a) 
service sellers - persons who represent service supplier and are seeking temporary entry for the purpose of negotiating and contracting for the sa le of services, and (b) persons responsible for 
setting up a commercial presence of a service supplier of another WTO Member and who is not 
engaged in making direct sales or in supplying services. 
4.13.  Natural persons who are contractual service suppliers are also granted access to the 
Montenegro market for not more than 3 months in any 12 month period or the duration of the 
contract whichever is less, provided that (i) the legal person employing the natural person has a service contract of greater than 12 months with  the employer, (ii) the contract complies with 
Montenegro's legal requirements, (iii) the natural person has been employed by the legal person 
for at least 12 months, and (iv) the natural person possesses (a) a university degree or technical 
qualification and (b) any required professional qualification required under the law of Montenegro WT/REG338/1 
 
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  and (c) at least 3 years' experience in the sector. An exclusive list of sub-sectors concerned are set 
out in the horizontal commitments of Montenegro's Schedule of Commitments under the Agreement.  
4.14.  Ukraine's commitments on the movement of natural persons are set out in its GATS 
Schedule, which the Parties consider have been in corporated by reference into Annex III, Appendix 
II through footnote 1 to Annex III.
6 Accordingly under the Agreement Ukraine has not entered any 
additional specific commitments on movement of natural persons and no additional Schedule was 
included under Annex III, Appendix II as the Pa rties consider that Ukraine's GATS commitments 
are governing.  
4.15.  Under its GATS commitments (which are in the view of the Parties incorporated into the 
Agreement through footnote 1 to Annex III), Ukraine has undertaken commitments on 
1. Intra-corporate transferees (executives, managers and specialists) and 2. other essential 
persons. Intra corporate transferees and qualifie d persons providing provide services directly 
without establishing a commercial presence may hold a work permit for a period of 3 years, which 
may be extended for a 2 year period. Persons wh o are services suppliers and persons responsible 
for the establishment of a commercial presence in Ukraine may remain for a maximum of 180 days in any 12 month period. 
4.4  Liberalization commitments 
4.16.  Article 41 of the Agreement provides that each Party shall set out in a schedule to the 
Agreement its specific commitments in services. Each schedule shall describe the commitments each Party undertakes in respect of Articles 29 (Market Access), 30 (National Treatment) and 31 
(Additional Commitments). Each sectoral commit ment must specify (a) terms, limitations and 
conditions on market access, (b) conditions and qualifications on national treatment, (c) undertakings relating to additional commitments and (d) the time-frame for implementation of the 
commitments. Any measures inconsistent with Articles 29 and 30 shall be dealt with in accordance 
with Article XX.2 of the GATS. The Agreement prov ides that each Party's Schedule of specific 
commitments are set out in Annex III of the Ag reement in the form of positive lists.  
4.17.  Article 42 provides that upon written request, each Party shall hold consultations to consider 
any modification or withdrawal of a specific commitment contained in a Party's Schedule of Specific Commitments. Any modification of schedules will also be subject to Articles 55 and 58 of the 
Agreement.  
4.4.1  Montenegro 
4.18.  Overall, Montenegro's services commitments under the Agreement duplicate its 
commitments under the GATS, with a limited number of exceptions identified below.  
4.19.  In its horizontal commitments under the Agreement, Montenegro has eliminated a GATS 
limitation on national treatment in respect of Real Estate, modes 3 and 4, permitting foreigners to own real estate other than arable land and real estate within restricted areas subject to 
reciprocity.  
4.20.  In respect of financial services, (i) direct insurance, (b) non-life insurance, Montenegro has 
eliminated the "…none for insuring property of foreign nationals…" in the market access column. In respect of (iii) insurance intermediation, and (iv) services auxiliary to insurance, market access, 
Montenegro has re-described its commitments in respect of mode one and has deleted the phrase 
"goods in international transit".  
4.21.  In road transport, (a) passenger transpor tation, (CPC 7121, 7122), market access, mode 3 
is now "None", improved from "Unbound, except for international transport" under its GATS 
commitments. 
4.22.  As in its GATS Schedule, Montenegro's  schedule of commitments under the Agreement 
includes an Understanding on the Scope and Coverage of CPC 84 on computer and related services 
                                               
6 "The Parties agreed that under this Agreement in  Annex III, Ukraine retains its WTO commitments." WT/REG338/1 
 
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  and an annex thereto, a Reference Paper on the Postal and Courier Sector, and the Telecoms 
Reference Paper. Montenegro's List of Article II MFN Exemptions under the Agreement are identical to its commitments under the Agreement.  
Table 4.1: Montenegro: comparison between the GATS and the Agreement specific 
commitments in trade in services (excluding mode 4)  
Sectors GATS Agreement 
1. BUSINESS SERVICES   
A. Professional services √ Same 
B. Computer and related services  √ Same 
C. Research and development √ Same 
D. Real estate √ Same  
E. Rental/Leasing services without operators √ Same 
F. Other √ Same 
2. COMMUNICATION SERVICES   
A. Postal √ Same 
B. Courier √ Same 
C. Telecommunication  √ Same 
D. Audiovisual - - 
E. Other - - 
3. CONSTRUCTION AND RELATED ENGINEERING 
SERVICES √ Same 
4. DISTRIBUTION SERVICES √ Same 
5. EDUCATION SERVICES √ Same 
6. ENVIRONMENTAL SERVICES √ Same 
7. FINANCIAL SERVICES   
A. All insurance and insurance-related services √ Improved 
B. Banking and other financial services √ Same 
8. HEALTH RELATED AND SOCIAL SERVICES √ Same 
9. TOURISM AND TRAVEL RELATED SERVICES   
A. Hotels and restaurants √ Same 
B. Travel agencies and tour operators √ Same 
C. Tourist guides √ Same 
D. Other - - 
10. RECREATIONAL, CULTURAL AND SPORTING 
SERVICES √ Same 
11. TRANSPORT SERVICES   
A. Maritime √ Same 
B. Internal waterways - - 
C. Air  √ Same 
D. Space - Same 
E. Rail  √ Same 
F. Road √ Improved 
G. Pipeline √ Same 
H. Services auxiliary to all modes of transport √ Same 
I. Other - Same 
12. OTHER SERVICES NOT INCLUDED ELSEWHERE -  
Note: 
√:  Commitments in the GATS schedule. 
-:  No commitments either under the GATS or the Agreement. Improved: Improved commitments made under the Agreement.  Source:  The Agreement and WT/ACC/CGR/38/Add.2. 
 
4.4.2  Ukraine  
4.23.  Although the Agreement provides that Appe ndix II of Annex III contains the Schedule of 
Specific Commitments and Lists of Exemptions referred to in Articles 41 and 44, Appendix II is blank with no entry for Ukraine. Instead footnote  1 to Annex III provides, in full, "The Parties 
agreed that under this Agreement in Annex III, Ukraine retains its WTO commitments." The 
Parties have confirmed to the Secretariat that as a result of this language, Ukraine has not included a Schedule in Annex III, Appendix II, as they consider that Ukraine's GATS Schedule was 
controlling and therefore legally incorporated into the Agreement.  WT/REG338/1 
 
- 19 - 
 
  Table 4.2: Ukraine: comparison between  the GATS and the Agreement specific 
commitments in trade in services (excluding mode 4)  
Sectors GATS Agreementa 
1. BUSINESS SERVICES  Same 
A. Professional services √ Same 
B. Computer and related services  √ Same 
C. Research and development √ Same 
D. Real estate √ Same 
E. Rental/Leasing services without operators √ Same 
F. Other √ Same 
2. COMMUNICATION SERVICES  Same 
A. Postal √ Same 
B. Courier √ Same 
C. Telecommunication  √ Same 
D. Audiovisual - Same 
E. Other - Same 
3. CONSTRUCTION AND RELATED ENGINEERING 
SERVICES √ Same 
4. DISTRIBUTION SERVICES √ Same 
5. EDUCATION SERVICES √ Same 
6. ENVIRONMENTAL SERVICES √ Same 
7. FINANCIAL SERVICES   
A. All insurance and insurance-related services √ Same 
B. Banking and other financial services √ Same 
8. HEALTH RELATED AND SOCIAL SERVICES √ Same 
9. TOURISM AND TRAVEL RELATED SERVICES  Same 
A. Hotels and restaurants √ Same 
B. Travel agencies and tour operators √ Same 
C. Tourist guides √ Same 
D. Other - Same 
10. RECREATIONAL, CULTURAL AND SPORTING 
SERVICES √ Same 
11. TRANSPORT SERVICES √ Same 
A. Maritime √ Same 
B. Internal waterways √ Same 
C. Air  √ Same 
D. Space -  
E. Rail  √ Same 
F. Road √ Same 
G. Pipeline √ Same 
H. Services auxiliary to all modes of transport √ Same 
I. Other -  
12. OTHER SERVICES NOT INCLUDED ELSEWHERE √ Same 
Note: 
a Ukraine has no Schedule attached to Annex III Appe ndix II of the Agreement, and considers that its 
commitments under the Agreement are "… its WTO commitments".  
√: Commitments in the GATS schedule.  
 
Source:  The Agreement and WT/ACC/UKR/152/Add.2.  
4.5  Regulatory provisions  
4.5.1  Domestic regulation 4.24.  Article 32 concerns domestic regulation. Ar ticle 32.1 provides that each Party shall ensure 
that all measures of general application affecting trade in services shall be administered in a 
reasonable, objective and impartial manner. The Parties shall also maintain judicial, arbitral or administrative tribunals or procedures which provide for an affected service supplier of another Party to request the prompt review of administrative decisions affecting trade in services, per 
Article 32.2. Article 32.3 provides that if authorization is required to supply a service the 
competent authorities of a Party shall, within a reasonable period of time of submission of a complete application, inform the applicant of the decision concerning the application. Article 32.4 
requires that each Party provide for adequate procedures to verify the competence of professionals 
of any other Party.  
4.5.2  Recognition 
4.25.  Article 33 concerns recognition. Article 33.1 provides that in keeping with its relevant 
standards and criteria for the authorization, licensing or certification of service suppliers, each WT/REG338/1 
 
- 20 - 
 
  Party shall give due consideration to requests by the other Party to recognise the education 
qualification and experience granted in the first Party. Such recognition may be based upon an agreement or arrangement with that other Party, or may be accorded autonomously. If a Party does recognise the education, qualifications or experience in a non-party, the Party doing so shall 
afford the other Party adequate opportunity to negotiate its accession to that agreement, per 
Article 33.2. Article 33.4 provides that any such agreement or autonomous recognition must be in 
conformity with the relevant provisions of the WT O Agreement, in particular Article VII.3 of the 
GATS.  
4.5.3  Subsidies 4.26.  There are no provisions in the Agreement on Subsidies in services.  4.5.4  Safeguards 
4.27.  There are no provisions in the Agreement on Safeguards in services.  
4.5.5  Other 4.28.  Article 35 on transparency, provides that the rights and obligations of the Parties in respect 
of transparency shall be governed by Article III.1 and 2 and Article XXX bis of the GATS which is 
incorporated by reference into the Agreement.  
4.29.  Article 36 on monopolies and exclusive service suppliers states that the rights and 
obligations of the Parties in respect of monopolies and exclusive service suppliers shall be 
governed by Article VIII.1, 2 an d 5 of the GATS, which is incorporated by reference into the 
Chapter.  
4.30.  Article 37 on business practices provides th at the rights and obligations of the Parties in 
respect of business practices are governed by Arti cle IX of the GATS which is incorporated by 
reference into the Chapter.  
4.31.  Article 38 concerns payments and transfers in  services. Article 38.1 provides that except as 
permitted under Article 39 (Restrictions to Safeguard the Balance of Payments) a Party shall not 
apply restrictions on international transfers and payment for current transactions with another Party. Article 38.2 notes that nothing in the Chapter shall affect the rights of the Parties under the 
Articles of the Agreement of the IMF. Article 39 notes that any restriction taken in conformity with 
Article XII of the GATS to safeguard the balance of payments adopted or maintained by a Party 
shall apply under the Chapter. See also transfers and capital movements below.  
4.32.  Article 40 on Exceptions in services restates and incorporates by reference the rights and 
obligations of the Parties under Article XIV and XIVbis.1 of the GATS.  
4.6  Sector specific provisions on trade in services 4.33.   Article 44 provides that Annex III (the lib eralization Schedules of the Parties) Annex IV 
(Financial Services), and Annex V (Telecommunica tions Services) form an integral part of the 
Chapter. 
4.34.  Annex IV on Financial Services reproduces definitions used in the GATS Annex on Financial 
Services. Article 2 concerns national treatment an d requires that each Party grant to financial 
service suppliers of another Party established in  its territory access to payment and clearing 
systems operated by public entities. Article 3 of Annex IV concerns transparency and provides in 
Article 3.1 that each Party shall promote regulatory  transparency in financial services and consult 
in order to implement objective and transparent re gulatory processes in each Party, taking into 
account (a) the work undertaken by the Parties in the GATS and in other for a relating to trade in financial services, and (b) the importance of regulatory transparency, identifiable policy objectives 
and clear, consistently applied regulatory processe s that are made publicly available. Article 4.1 
requires that the competent authorities of each Pa rty expeditiously process applications related to 
the supply of financial services by service supplie rs of the other Party. Article 5 on domestic 
regulation (like Article 2 of the GATS Annex on Financial Services) provides in Article 5.1 that a WT/REG338/1 
 
- 21 - 
 
  Party shall not be prevented from adopting or maintaining reasonable measures for prudential 
reasons, although it notes that where such measures do not conform with the provisions of the Annex they shall not be used as a means of avoidi ng that Party's commitments or obligations. Like 
Article 3 of the GATS Annex on Financial Services, Article 6 provides that if a Party recognises the 
prudential measures of a non-party in determining how the Party's measures relating to financial 
services will be applied, that Party shall afford adequate opportunity to another Party to negotiate 
its accession to that agreement or arrangement or to negotiate a comparable agreement or 
arrangement. Article 7 of Annex IV requires th e Parties to not take measures that prevent 
transfers of financial information into or out of their territory where those transfers are necessary 
for the conduct of ordinary business of a financial service provider.  
4.35.  Annex V of the Agreement contains an Annex on Telecommunication Services, and closely 
follows the GATS Telecoms reference paper, in particular its disciplines on competitive safeguards 
(Article 2), interconnection (Article 3), universal service (Article 4), independent regulatory authority (Article 6), the public availability of licensing criteria (Article 5) and the use of scarce 
resources (Article 7).  
5  GENERAL PROVISIONS OF THE AGREEMENT 5.1  Transparency 
5.1.  Article 3.1 of the Agreement provides th at the Parties shall publish or otherwise make 
publicly available their laws, regulations, judicial decisions, administrative rulings of general application and their respective international agreements that may affect the operation of this agreement. Article 3.2 requires the Parties to prom ptly respond to specific questions and requests 
for information from the other Party on matters covered by Article 3.1 and Article 35 mentioned 
above. 
5.2  Current payments and capital movements 
5.2.  There are no provisions on balance of  payments, excepting the balance of payments 
safeguard contained in Article 23 and Article 38 (services) discussed above. 
5.3  Exceptions 
5.3.  Article 13 of the Agreement provides th at Articles XX and XXI of the GATT 1994 and its 
interpretative notes are incorporated into and made part of the Agreement, mutatis mutandis . 
5.4  Accession and Withdrawal 5.4.  Per Article 59.3, the Agreement shall become ineffective upon accession of each Party to the 
European Union. There are no provisions on accession by third parties.  
5.5  Institutional framework 5.5.  Article 55 establishes the Montenegrin-Ukrain ian Free Trade Committee. The objectives of the 
Committee are set out in Article 55.2. The Co mmittee shall meet whenever necessary upon 
request by either Party, in the capitals of bo th States, alternately. The Parties informed the 
Secretariat that the Committee has not met yet.  
5.6  Dispute settlement 
5.6.  Chapter IV, Articles 45-54 concern dispute settlement under the Agreement. Article 45.1 
provides that the Chapter applies to the settlemen t of any disputes concerning the interpretation 
or application of the Agreement.  
5.7.  Article 45.2 provides that disputes regarding the same matter arising under the Agreement 
and the WTO Agreement may be settled in either fo rum, at the sole discretion of the complaining 
Party. Article 45.3 provides that dispute settlement provisions under the WTO Agreement are 
deemed to be initiated under a Party's request fo r consultations per Article 6 of the WTO Dispute 
Settlement Understanding, and dispute settlement proceedings under the Agreement are WT/REG338/1 
 
- 22 - 
 
  commenced by a request for arbitration pursuant to Article 48.1 of the Agreement. 
Per Article 45.4, if a complaining Party decides to initiate dispute settlement under the WTO Agreement it shall notify the other Party in writing in advance.  
5.8.  Consultations on dispute settlement are conducted pursuant to Article 47, and are a 
precondition to establishment of an Arbitration Pane l. Article 48.1 provides that if consultations per 
Article 47 fail to settle a dispute within 60 days (30 days for perishable goods), the mater may be referred to an arbitration panel by means of a written request from the complaining Party. Per 
Article 48.2 the request for arbitration shall identify the specific measure or other matter at issue 
and provide a summary of the legal basis of the complaint. The arbitration panel shall comprise 3 members, nominated in accordance with the "Optional Rules for Arbitrating Disputes between Two States of the Permanent Court of Arbitration". The date of establishment of the panel shall run 
from the date of appointment of the Chairperson of the panel.  
5.9.  Article 49 describes the procedures of the Panel, which shall take place in Geneva, per 
Article 49.3. Article 49.2 provides that the panel shall examine the matter in light of the relevant 
provisions of the Agreement interpreted in accord ance with rules of interpretation of public 
international law. Arbitration panel reports shall, generally, submit an initial report containing findings and rulings to the parties to the dispute not later than 90 days from the establishment of 
the panel. The parties to the dispute may submit written comments on the initial panel report 
within 14 days of receipt of the report. The panel shall provide its final report to the parties to the dispute within 30 days of their receipt of the initial report (Article 50.1).  
5.10.  Article 51 permits the suspension or term ination of the panel proceedings upon agreement 
between the parties to do so. Article 52 concerns the implementation of the final report, and 
requires the Party concerned to promptly comply with the ruling of arbitration panel, or if 
impracticable to do so, within a reasonable period of time. Under Article 53.1 if the Party fails to 
properly comply within a reasonable period of time, it shall enter into consultations with a view to 
agreeing mutually acceptable compensation. If such consultations fail to produce agreement the complaining Party shall be entitled to suspend the application of equivalent benefits under the 
Agreement. Upon request, Article 53.3 permits the or iginal panel to rule on the equivalence of the 
suspended benefits with the measure found to be inconsistent with the Agreement, within 45 days 
of the request. Article 53.5 permits the origin al panel to rule on the conformity of the 
implementing measures with the final report of th e panel, and the panel must do so within 30 days 
of the request. Details of the process are shown in Chart 5.1 below. 
 WT/REG338/1 
 
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  Chart 5.1 Dispute settlement provisions under the Agreement 
 
  
 
  
 
   
 
  
 
  
 
   
 
  
 
  
 
   
 
  
 
  
 
   
 
  
 
  
 
   
 
  
 
  
 
   30 days (15 for urgent 
matters/perishable goods) 
Consultations 
60 days  
(30 for urgent matters) 
Request for establishment of Arbitral Tribunal 
20 days 
Tribunal Established 
Initial Report by Arbitral  
Tribunal to Parties 
Non-implementation Request for ruling No mutually satisfactory 
agreement within 20 days after 
receipt of request Suspension of  
benefits  
45 days  
90 days extendable to  
5 months 
90 days  Ruling  14 days 
Final Report by Arbitral  
Tribunal to Parties 
Non-implementation Notification non later then 
30 days before suspension  Request for Arbitral 
Tribunal within 15 days 
after notification 
Implementation 30 days 
Reasonable period of time  Request for Consultations WT/REG338/1 
 
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  5.7  Relationship with other agreements concluded by the Parties 
5.11.  Article 4.1 provides that the Agreement shall not preclude the maintenance or 
establishment of customs unions, free trade areas, arrangements for frontier trade and other preferential agreements insofar as they do not ha ve the effect of altering the trade arrangements 
provided for in this Agreement. Under Article 4.2, if a Party enters into a customs union or free 
trade agreement with a third party it shall, upon request by a Party, be prepared to enter into consultations with the requesting Party.  
5.12.  Article 5.1 provides that the Agreement shall not prejudice the obligation of the Parties 
arising from the participation in regional or sub-regional unions and entities, multilateral treaties and international organisations. Article 5.2 provid es that the rights and obligations arising from 
treaties concluded between the Parties before or after the entry into force of the Agreement shall 
not be affected by the provisions of the Agreement,  except [to the extent] that their provisions are 
compatible with those of this Agreement.  
5.13.  Table 5.1 below lists the regional trade agreements to which the Parties are party. The 
Agreement is the 17
th agreement in respect of which Ukraine has notified the WTO that it is a 
party. Montenegro has notified the WTO of membership in 4 other agreements.  
Table 5.1 Ukraine and Montenegro: Participat ion in other regional trade agreements 
(notified and non-notified, in force), as of 13 January 2014 
RTA Name Date of 
entry into 
force Coverage Year of 
notification WTO Legal Cover 
Ukraine 
Treaty on a Free Trade Area 
between members of the 
Commonwealth of Independent 
States (CIS) a 20-Sep-12 Goods 2013 GATT Art. XXIV 
EFTA - Ukraine 01-Jun-12 Goods & 
Services 2012 GATT Art. XXIV & 
GATS Art. V 
Ukraine - Belarusa 11-Nov-06 Goods 2008 GATT Art. XXIV 
Ukraine - Moldovaa 19-May-05 Goods 2008 GATT Art. XXIV 
Common Economic Zone (CEZ) 20-May-04 Goods 2008 GATT Art. XXIV 
Ukraine - Tajikistana 11-Jul-02 Goods 2008 GATT Art. XXIV 
Ukraine - Former Yugoslav Republic 
of Macedonia 05-Jul-01 Goods 2008 GATT Art. XXIV 
Ukraine - Kazakhstana 19-Oct-98 Goods 2008 GATT Art. XXIV 
Kyrgyz Republic - Ukrainea 19-Jan-98 Goods 1999 GATT Art. XXIV 
Armenia - Ukrainea 18-Dec-96 Goods 2004 GATT Art. XXIV 
Ukraine - Azerbaijan 02-Sep-96 Goods 2008 GATT Art. XXIV 
Georgia - Ukraine 04-Jun-96 Goods 2001 GATT Art. XXIV 
Ukraine - Uzbekistan 01-Jan-96 Goods 2008 GATT Art. XXIV 
Ukraine -Turkmenistan 04-Nov-95 Goods 2008 GATT Art. XXIV 
Ukraine - Russian Federationa 21-Feb-94 Goods 2008 GATT Art. XXIV 
GUAM (Georgia, Ukraine, Azerbaijan, Moldova) 10-Dec-03 Goods Not notified 
MONTENEGRO 
EFTA - Montenegro 01-Sep-12 Goods 2012 GATT Art. XXIV 
Turkey - Montenegro 01-Mar-10 Goods 2010 GATT Art. XXIV 
European Union - Montenegro 01-Jan-08 
01-May-10 Goods 
Services 2008 
2010 GATT Art. XXIV  
GATS Art. V 
Central European Free Trade 
Agreement (CEFTA) 2006 01-May-07 Goods 2007 GATT Art. XXIV 
Source: WTO Secretariat.  a The Parties have agreed that from the date of entry into force of the Treaty on a Free Trade Area between 
members of the Commonwealth of Independent States (CIS ), they will take measures for terminating bilateral 
international treaties existing between them in the mann er and within the terms stipulated by such treaties, 
unless the Parties have not agreed otherwise".  
 WT/REG338/1 
 
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  5.8  Government procurement 
5.14.  The Agreement contains no specific provisions on government procurement. 5.9  Intellectual property rights 5.15.  The Agreement contains no specific provisions on intellectual property. WT/REG338/1 
 
- 26 - 
 
  ANNEX 1 
1. A comparison between the Parties scheduled tariff elimination set out in the Agreement and 
the MFN rates applied by Montenegro and Ukrain e are shown in Table A1.1 (Ukraine) and A1.3 
(Montenegro) by all, agricultural and non-agricultural products.  
2. Ukraine's overall MFN average tariff prior to entry into force of the Agreement was 4.8% 
with 37.7% of tariffs duty free on an MFN basis. Av erage tariffs on agricultural products are higher 
than non-agricultural products, 9.6% compared to 3.7% with 14.9% of lines duty free for 
agricultural products compared to 43.5% for no n-agricultural products. As a result of the 
Agreement, in 2013 Montenegro's exporters enjoye d a relative margin of preference of 94.9% 
overall, 89.9% on agricultural products  and 100% on non-agricultural products vis-a-vis  the 
prevailing MFN applied tariff. From the date of  entry into force of the Agreement 99.6% of 
Ukraine's tariff became duty free for imports from Montenegro, 98.1% for agricultural products 
and 100% for non-agricultural products. 
Table A1.1 Ukraine: Indicators of MFN tariff rates and preferential rates for imports from 
Montenegro  
Origin of 
goods Year ALL PRODUCTS Agricultural products a Non-agricultural products  
Average applied 
tariff Share of 
duty-
free 
tariff 
lines 
(%) Average applied 
tariff Share of 
duty-free 
tariff 
lines (%)  Average applied 
tariff Share 
of 
duty-
free 
tariff 
lines 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) 
MFN 2013 4.8 7.8 37.7 9.6 11.3 14.9 3.7 6.5 43.5 
Montenegro 2013 0.1 17.5 99.6 0.3 17.5 98.1 0.0 0.0 100.0 
a WTO Definition. 
 
Note: For the calculation of averages, specific rates are excluded and the ad valorem  equivalents (AVEs) 
provided by the Ukrainian authorities of the alternate rates are included. 
 Based on the HS 2007 nomenclature.  Source:  WTO Secretariat estimates ba sed on data provided by Ukraine. 
 
3. Table A1.2 below shows the market access conditions in Ukraine for Montenegro's top 
25 exports which accounted for 78.4% of its global exports in 2010-2012. Of the 189 lines covered 
by these exports, 96 were already duty free on an  MFN basis. Under the Agreement, the remaining 
93 tariff lines subject to MFN duty were liberalized.  
Table A1.2 Ukraine: Market access opportuni ties under the Agreement for Montenegro's 
top 25 exports to the world  
Montenegro's top export products in 2010-2012 Access Conditions to 
Ukraine's import markets 
MFN (2013) 
Duty-free lines 
in 2013 HS number and description of the product Share in 
global 
exports 
(%) Averag
e MFN 
applied 
rate 
(%) No. of 
lines Duty-free 
Dutiable 
760110 - aluminium, not alloyed 38.5 0.0 1   
271600 Electrical energy. (optional heading) 9.1 2.0  1 1 
220421 -- in containers holding 2 l or less 4.6 8.3  51 51 
720449 Ferrous waste and scrap (excluding 7204.10-7204.41) 3.2 5.0  3 3 
440710 - coniferous 2.3 0.0 7   
740400 Copper waste and scrap. 2.1 0.0 3   
848330 - bearing housings, not incorporating ball or roller 
bearings; plain shaft bearings 2.0 2.5 3 3 3 
271011 -- light oils and preparations 1.7 4.3 7 12 12 WT/REG338/1 
 
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  Montenegro's top export products in 2010-2012 Access Conditions to 
Ukraine's import markets 
MFN (2013) 
Duty-free lines 
in 2013 HS number and description of the product Share in 
global 
exports 
(%) Averag
e MFN 
applied 
rate 
(%) No. of 
lines Duty-free 
Dutiable 
300490 Medicaments (excluding goods of heading 30.02 or 30.05 
or 30.06 or 3004.10-3004.50) consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses (including those in the form of transdermal administration systems) or in forms or packings for retail sale 1.4 0.0 4   
722490 Semi-finished products (excl. ingots & other primary 
forms) of alloy steel other than stainless steel, n.e.s. 1.3 0.0 9   
722410 - ingots and other primary forms 1.1 0.0 2   
722830 - other bars and rods, not further worked than hot-rolled, 
hot-drawn or extruded 1.1 0.0 7   
271019 Petroleum oils and oils obtained from bituminous minerals 
(other than crude) & preparations not elsewhere specified or included, containing by  weight 70% or more of 
petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, other than waste oils and light oils and preparations 1.0 0.5 28 5 5 
721499 Bars and rods of iron or non- alloy steel (excluding 72.13), 
not further worked than forged  or hot-rolled or hot-drawn 
or hot-extruded but incl. those twisted after rolling 
(excluding 7214.10-7214.91) 1.0 0.0 7   
410120 - whole hides and skins, of a weight per skin not 
exceeding 8 kg when simply dried, 10 kg when dry-salted, 
or 16 kg when fresh, wet-salted or otherwise preserved 0.9 0.0 4   
930690 Bombs, grenades, torpedoes, mines, missiles and similar 
munitions of war and parts thereof; other ammunition and 
projectiles and parts thereof , including shot and cartridge 
wads 0.8 5.0  2 2 
760200 Aluminium waste and scrap. 0.8 0.0 3   
220300 Beer made from malt. 0.8 6.1  3 3 
270210 - lignite, whether or not pulverised, but not agglomerated 0.7 0.0 1   
440792 -- of beech (fagus spp.) 0.7 0.0 1   
440320 Wood, in the rough, whether or not stripped of bark or 
sapwood or roughly squared (excluding 4403.10), 
coniferous 0.7 0.0 6   
260800 Zinc ores and concentrates. 0.7 2.0  1 1 
300420 - containing other antibiotics 0.7 0.0 2   
210690 Food preparations, n.e.s. 0.6 6.4 1 8 8 
070959 Mushrooms and truffles (excluding 0709.51), fresh or 
chilled 0.6 17.5  4 4 
Total of above 78.4  96 93 93 
Note: Based on the HS 2007 nomenclature. 
 Source: WTO Secretariat estimates based on data pr ovided by Ukraine and UNSD, Comtrade database.  
 
4. As shown in Table A1.3 below, Montenegro's  overall applied average MFN rate in 2013 was 
5.9% with 26.6% of tariff lines duty free. Tariffs on  agricultural products are higher than industrial 
products (14.9% versus 3.3%) while 16.5% of agricultural lines were duty free compared to 29.4% for non-agricultural products. As a result of the Agreement, Ukraine's exporters enjoyed a 
relative margin of preference of 97.9% overall,  96.9% on agricultural products and 100% on 
non-agricultural products vis-a-vis  the prevailing MFN tariff. With the entry into force of the 
Agreement, 99.2% of Montenegro's tariff became duty free for imports from Ukraine, 96.5% for 
agricultural products and 100% for non-agricultural products.  WT/REG338/1 
 
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  Table A1.3 Montenegro: Indicators of MFN ta riff rates and preferential rates for imports 
from Ukraine  
Origin of 
goods Year ALL PRODUCTS Agricultural products a Non-agricultural products  
Average applied 
tariff Share of 
duty-
free 
tariff 
lines 
(%) Average applied 
tariff Share of 
duty-free 
tariff 
lines (%)  Average applied 
tariff Share 
of 
duty-
free 
tariff 
lines 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) 
MFN 2013 5.9 8.0 26.6 14.9 17.9 16.5 3.3 4.7 29.4 
Ukraine* 2013 0.0 0.0 99.2 0.0 0.0 96.5 0.0 0.0 100.0 
*Wines covering 73 tariff lines under HS Subheading  220321 and 220329 are not included in the calculation 
because these are protected under Geographical Indications. a WTO Definition.  Note: For the calculation of averages, specific rates are excluded and the ad valorem  parts of alternate 
rates are included. 
 Based on the HS 2012 nomenclature.  Source:  WTO Secretariat estimates based on data provided by Montenegro. 
 
5. Table A1.4 below shows the market access conditions in Montenegro for Ukraine's top 25 
exports which accounted for 47.4% of its global exports during 2010-2012. These exports were 
covered by 82 tariff lines of which 43 were already duty free on an MFN basis. Under the Agreement, the remaining 39 lines were liberalized for imports from Ukraine.  
Table A1.4 Montenegro: Market access opport unities under the agreement for Ukraine's 
top 25 exports to the world
 
Ukraine's top export products in 2010-2012 Access Conditions to 
Montenegro's import 
markets 
MFN (2013) 
Duty-free 
lines in 2013 HS number and description of the product Share 
in 
global 
exports 
(%) Average 
MFN 
applied 
rate 
(%) No. of lines 
Duty-
free 
Dutiable 
151211 -- crude oil 4.6 0.0 3   
720712 -- other, of rectangular (o ther than square) cross-
section 4.1 3.2 1 1 1 
100590 - other 3.5 0.0 1   
260111 -- non-agglomerated 3.0 0.0 1   
720711 -- of rectangular (including square) cross-section, 
the width measuring less than twice the thickness 2.8 2.5 3 1 1 
271019 -- other 2.5 1.3 7 18 18 
720720 - containing by weight 0.25 % or more of carbon 2.2 6.4  9 9 
721420 - containing indentations, ribs, grooves or other 
deformations produced during the rolling process or 
twisted after rolling 2.2 9.6  1 1 
860692 -- open, with non-removable sides of a height 
exceeding 60 cm 2.1 0.0 1   
260112 -- agglomerated 2.0 0.0 1   
310210 - urea, whether or not in aqueous solution 1.7 1.0  2 2 
720851 -- of a thickness exceeding 10 mm 1.7 0.0 3   
721391 -- of circular cross-section measuring less than 14 
mm in diameter 1.6 3.2 4 2 2 
720839 -- of a thickness of less than 3 mm 1.5 0.0 1   
860610 -tank wagons and the like 1.3 0.0 1   
854430 - ignition wiring sets and other wiring sets of a kind 
used in vehicles, aircraft or ships 1.3 1.0  1 1 
100191 -- seed 1.1 0.0 3   
100199 -- other 1.1 0.0 1   
720110 - non-alloy pig iron containing by weight 0.5 % or 
less of phosphorus 1.1 0.8 1 3 3 
120510 - low erucic acid rape or colza seeds 1.1 0.0 2   WT/REG338/1 
 
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  Ukraine's top export products in 2010-2012 Access Conditions to 
Montenegro's import 
markets 
MFN (2013) 
Duty-free 
lines in 2013 HS number and description of the product Share 
in 
global 
exports 
(%) Average 
MFN 
applied 
rate 
(%) No. of lines 
Duty-
free 
Dutiable 
720230 - ferro-silico-manganese 1.0 0.0 1   
270111 -- anthracite 1.0 0.0 1   
270400 Coke and semi-coke of coal, of lignite or of peat, 
whether or not agglomerated; retort carbon. 1.0 0.0 4   
720852 -- of a thickness of 4.75 mm or more but not 
exceeding 10 mm 0.9 0.0 3   
230630 - of sunflower seeds 0.9 3.0  1 1 
Total of above 47.4  43 39 39 
Note: Based on the HS 2012 nomenclature. 
 Source: WTO Secretariat estimates based on data prov ided by Montenegro and UNSD, Comtrade database. 
 
__________