RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/CGR/20 
16 February 2007 
 
 (07-0662) 
Working Party on the 
Accession of Montenegro Original:   English 
 
 
 
ACCESSION OF MONTENEGRO 
 
Check-list of Illustrative Technical Barriers to Trade (TBT) Issues  
 
 
 The following submission, dated 11 February 2007,  is being circulated at the request of the 
Delegation of the Republic of Montenegro.   
_______________ 
 
 
Note:  
 
 Following the referendum on the independence of M ontenegro (May 2006), th e Parliament enacted the 
Declaration on Independence, by which the former Union TBT Laws and relevant regulations remain in effect 
and will be enforced as Montenegrin laws and regulations.  These are the Law on Standardization (S&M OG 
No. 44/05), the Law on Accreditation (S&M OG No. 44/05),  the Law on Metrology (S&M OG No. 44/05), the Law on Technical Requirements for Products and Conformity Assessment of Products with Such Requirements 
(S&M OG No. 44/05), and the Decr ee on Legal Measurement Units (S&M  OG No. 10/06), Decree on Manner 
of Authorizing Conformity Assessment Bodies, Register of Authorized Conformity Assessment Bodies, Records on Certificates of Conformity, Conformity Marks and Conformity Assessment Bodies, and the 
Conditions for Applying Technical Regulations of Other Countries (S&M OG No. 22/06), Decree on Manner 
and Procedures of Conformity Assessment (S&M OG No. 22/06), Decree on Manner of Preparing and Adopting Technical Regulations and Register of Such Regulations (S&M OG No. 17/06).  
 In a reorganization of the Government following independence, the Ministry for Economic 
Development has been assigned responsibility for TBT issu es and the Department for Quality Infrastructure has 
been established within the Ministry.  The Ministry for Economic Development has established the Bureau for 
Measures and Precious Metals, and has drafted a Decision on Establishment of the Institute for Standardization 
of Montenegro that is expected to be adopted by the Parliament by the end of February 2007. 
 
 
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Page 2 Commitments WTO Reference Provisions related to TBT requirements 
1. Standstill: the introduction of 
new standards, technical 
regulations and conformity assessment procedures should 
be fully compatible with the 
TBT Agreement. 1. Generally agreed 
principle in WTO 
accession negotiations In accordance with Article 7, paragraph 1 of th e Law on Technical Require ments for Products and 
Conformity Assessment of Products with Prescrib ed Requirements, ("LTRCA") technical regulations 
are adopted in accordance with the principles specified in Article 4 of the Law, commitments 
undertaken in bilateral and multilateral agreements on preventing and eliminating obstacles to 
international trade and, when it is necessary, to harmonize technical regulations of the European 
Union and international agreements binding on Montenegro.  The responsibility for adoption of technical regulations is specified by the Decr ee on Taking Over Responsibilities from the Law on 
Technical Requirements for Products and Conformi ty Assessment of Products with Prescribed 
Requirements (Decree TRCA") (RM OG No. 56/06).  Article 2  of the Decree prescribes  that 
technical regulations are adopted by  the Government of Montenegro on the basis of proposal  of 
competent ministries.  
 Article 7 LTRCA is also applicable to the confor mity assessment procedures (Article 1 of the Law 
provides that technical regulations prescribe, inter alia , conformity assessment procedures).  
 Article 3, item 6 of the Law on Standardizatio n prescribes that one of the principles of 
standardization is taking into  account rules of inte rnational and European organizations for 
standardization and relevant international agreements. 
2. Submission of Statement on 
Implementation. 2. TBT Article 15.2 and 
TBT Committee Decision 
(G/TBT/1) Montenegro will ensure compliance with Article 15.2 of the TBT Agreement upon accession to the 
WTO. 
3. Establishment and operation of 
a single Contact Point for 
Information ("inquiry point"). 3. TBT Article 10 The Decree TRCA prescribes that the Ministry for Economic Development, i.e. the Department for 
Quality Infrastructure, is responsible for keeping th e Register of Authorized Bodies for Conformity 
Assessment and the Register of Technical Regulations.  
 In accordance with Article 6 LTRCA, the provision  of information on technical regulations is 
conducted in accordance with ob ligations arising from relevant international agreements.  
 
Pursuant to Article 6, item 10 of the Law on Standa rdization, the Institute for Standardization acts as 
an information centre for standards and related doc uments, in accordance with  requirements defined 
by relevant international agreements and obligations arising from membership in European and 
international organizations for standardization.  
 In accordance with Article 4, item 11 and Article  29 of the Law on Metrology, the Bureau for 
Measures and Precious Metals provides information on metrology to interested parties. 
The Ministry for Economic Development, i.e. the Department for Quality Infrastructure, is responsible for providing information on technical regulations in area of metrology.   
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4. Identification of authority 
responsible for notifications, 
publications and other internal procedures to ensure 
transparency ob ligations are 
met on an ongoing basis: 4. TBT Articles 2, 3, 5, 7, 
10, 15.2, Annex 3 and 
G/TBT/1 The Decree TRCA prescribes that the Ministry for Economic Development, Department for Quality 
Infrastructure, is responsible for notifications rela ted to the technical requirements for products and 
conformity assessments, incl uding technical regulations in area of metrology.  
 
Pursuant to Article 6, item 6 of the Law on Standard ization, the Institute for Standardization performs 
activities in accordance with  obligations related to standardi zation arising from international 
agreements that are binding on Montenegro.  This includes notif ication obligation in the area of 
standards.  
 (a) identification of 
publication where notices of proposed technical 
regulations and 
conformity assessment procedures will appear;  (a) TBT Articles 2.9.1, 
3.1, 5.6.1, 7.1, 10.1.5 Article 8 of the Decree on the Manner of Preparing and Adoption of Technical Regulations and 
Register of Such Regulations prescribes that the competent ministry submits draft of the technical 
regulation to obtain opinion of the interested au thorities, organizations and other legal and natural 
persons, and publishes the title of draft technical regulations, a short description, the deadline for 
submitting comments and suggestions, and information on how the draft technical regulation may be obtained, on its website and the website of the Chamber of Commerce.  The Ministry for Economic 
Development, Department for Quality Infrastructure, is responsible for the above activities.  
 The same requirements apply to conformity asse ssment procedures, since such procedures are 
prescribed by technical regulations (Article 1 LTRCA). 
 
Comment: Technical regulations may not be adopted by local government bodies or non-
governmental bodies.  
 (b) identification of authority 
responsible for making 
notifications to the WTO;  (b) TBT Articles 2.9.2, 
2.10.1, 3.2, 3.3, 
5.6.2, 5.7.1, 7.2, 7.3, 
10.7, 10.10 The Decree TRCA prescribes that the Ministry for Economic Development, Department for Quality 
Infrastructure, is responsible for notifications rela ted to the technical requirements for products and 
conformity assessment including technical regulations in area of metrology.  
 In accordance with Article 6 LTRCA , notification of technical regula tions is conducted in accordance 
with obligations arising from relevant international agreements.  
 
Pursuant to Article 6, item 6 of the Law on Standard ization, the Institute for Standardization performs 
activities in accordance with  obligations related to standardi zation arising from international 
agreements that are binding on Mo ntenegro.  This includes notifi cation obligations in the area of 
standards.   
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Page 4 Commitments WTO Reference Provisions related to TBT requirements 
 (c) guidance/law to ensure 
regulatory authorities 
afford non-discriminatory consideration of 
comments in the 
preparation of a final regulation;  (c) TBT Articles 2.9.4, 
2.10.3, 3.15 3.3, 
5.6.4, 5.7.3, 7.1, 7.3 Article 8 of the Decree on the Manner of Preparing and Adoption of Technical Regulations and 
Register of Such Regulations prescribes a period of at least 60 days for submitting comments and 
suggestions on the draft technical regulation, unless otherwise required for the protection of life, health and security, or other public interests.  
 
Article 9 requires consideration of comments an d suggestions submitted and, where applicable, 
providing reasons for non-acceptance, upon request.  This applies to conformity assessment 
procedures as well, since such procedures are prescribed by technical regulations (Article 1 LTRCA). 
 (d) guidance/law to ensure 
regulatory authorities allow a reasonable period 
of time between the final 
publication of a technical regulation and conformity 
assessment procedure and 
its entry into force so that suppliers can adapt;  (d) TBT Articles 2.11, 
2.12, 3.1, 5.8, 5.9, 7.1 In accordance with Article 10 of the Decree on th e Manner of Preparing and Adoption of Technical 
Regulations and Register of Such Regulations, t echnical regulations are published in the "Official 
Gazette of the Republic of Montenegro".  Technical  regulation contains the provision on the effective 
date of such technical regulation.  
 The same applies to conformity assessment procedures, since such procedures are prescribed by 
technical regulations (Article 1 LTRCA). 
 (e) publication and 
notification of work 
programme for standards 
and non-governmental 
conformity assessment procedures, including 
publication of notices of 
draft standards and an opportunity for public 
comment.  (e) TBT Article 4, 
Annex 3 (J, K, L, N, 
0);  Article 8.1 According to Article 6, item 9 of the Law on St andardization, the Institute for Standardization 
prepares programs and annual plans for adoption of Montenegrin standards. Such plans are published 
in separate editions of the Institute. 
 
The mark and title of the draft standard, its subject matter and the scope of application, as well as the information as to where it may be obtained, are pub lished in the separate edition of the Institute for 
Standardization and, if necessary , other journals, along with th e period for the submission of 
comments and suggestions to the Institute.  This period must be at least 60 days.   
In accordance with Article 10, paragraph 4 and Ar ticle 13 of the Law on Standardization, acts 
adopting or withdrawing Montenegrin standards are published in the "Official Gazette of the 
Republic of Montenegro", and Montenegrin standards and related documents are published in 
separate editions of the Institute for Standardization (symbol and the title, not the integral text of 
standard).  
Non-governmental bodies do not adopt conformity assessment procedures and they just apply such 
procedures. When applying conformity assessment procedures, all conformity assessment bodies, including non-governmental bodies, must comply w ith the prescribed conditions related to  the 
conformity assessment contained in the Decr ee on Manner and Procedures of Conformity 
Assessment (Articles 3, 4, 5, 6, 7, 11, 12 and 14), and in the technical regulation. Articles 14 – 16 LTRCA and Articles 2 – 16 of the Decree on the Manner of Authorizing Conformity Assessment  
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Bodies, the Register of Author ized Conformity Assessment B odies, Records on Conformity 
Documents, Conformity Marks and Conformity Assessment Bodies, and the Conditions for 
Application of Other Countries’ Technical Regulations govern procedure of authorizing and control of conformity assessment bodies.  
5. Development and Application 
of Technical Regulations and 
Conformity Assessment Procedures: Existence of legal 
and/or administrative 
underpinnings (or reasonable measures" as appropriate) to 
ensure ongoing compliance 
with provisions of the agreement concerning, in 
particular: 5. TBT Articles 2, 3, 5, 6, 7  
 (a) non-discrimination with 
respect to the treatment of products;  (a) TBT Articles 2.1, 
3.1, 5.1, 5.2, 7.1 Article 4, item 2 LTRCA  prescribes that, with re spect to preparation, a doption and application of 
technical regulations and conformity assessment pro cedures, products originating in a country that is 
a signatory to a relevant international agreement shall not be treated less favourably than like 
products of domestic origin or like pro ducts originating in any other country. 
 
Article 14 of the Decree on Manner and Procedures of Conformity Assessment prescribes that fees 
for conformity assessment of certain product are equal regardless of the origin of the product subject to conformity assessment. 
 
Article 10, paragraph 2, item 3 of the Law on Metrology prescribes that the same procedures are applied to measuring instruments from the country with which relevant international agreement was 
signed as those applied to the measuring instruments of domestic origin or measuring instruments 
originating in any other country. 
 (b) the prohibition of 
unnecessary obstacles to 
international trade and the 
consideration of less trade-restrictive 
alternatives to fulfilling 
legitimate objectives;  (b) TBT Articles 2.2, 
3.1, 5.1, 5.2, 7.1 Article 4, item 1 LTRCA prescribes that technical regulations and conformity assessment procedures 
shall not be prepared, adopted or applied as to cr eate unnecessary obstacles to trade, nor may they 
have such effect.  
 Article 5 LTRCA prescribes that technical regulatio ns may be adopted only to protect human, animal 
and plant life, health and safety, the environment, consumers and other users, property and other 
public interests.   
Article 10, paragraph 2, item 2 of the Law on Metr ology prescribes that me trological requirements 
and procedures shall not create u nnecessary obstacles to trade.  
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 (c) the ongoing review of 
technical regulations to 
ensure they are appropriate to achieve the 
desired legitimate 
objective;  (c) TBT Article 2.3, 3.1, 
7.1 Article 4, item 3 LTRCA prescribes that tech nical regulations shall cease to apply if the 
circumstances or objectives giving rise to their adoption no longer exist or have changed, or if the 
objectives of a technical regulation can be ad dressed in a less trade-restrictive manner.  
 (d) the consideration of 
appropriate international 
standards, guides and 
recommendations as a basis for technical 
regulations and 
conformity assessment procedures;  (d) TBT Article 2.4, 3.1, 
5.4, 7.1 In accordance with Article 7 LTRCA and Article 3 of the Decree on the Manner of Preparing and 
Adoption of Technical Regulations and Register of Such Regulations, technical regulations shall be 
adopted in accordance with commitments undertaken in multilateral agreements on preventing and 
eliminating obstacles to international trade.   
Article 9 LTRCA and Article 6 of th e Decree prescribe that, in the course of preparing a technical 
regulation, on request of the ministry, the Institute of Standardization must provide information as to 
whether an appropriate Montenegrin standard exists or is pending adoption in the area to be governed 
by the technical regulation, or whether an appropri ate European or international standard exists.  
 
Pursuant to Article 10, paragraph 2, item 1 of the Law on Metrology, when prescribing metrological 
requirements and procedures, metrological requirements of relevant international and European 
organizations and institutions shall apply. 
 (e) the consideration of 
equivalent technical 
regulations of other 
Members;  (e) TBT Article 2.7, 3.1, 
7.1 Article 21 LTRCA prescribes that technical regula tions of other countries that are signatories to 
relevant international agreements may be applied as  equivalent, even if th ese technical regulations 
differ from technical regulations of Montenegro.  
 Article 19 of the Decree on the Manner of Author izing Conformity Assessment Bodies, the Register 
of Authorized Conformity Assessment Bodies, Records on Conformity Documents, Conformity 
Marks and Conformity Assessment Bodies, and the Conditions for Application of Other Countries’ 
Technical Regulations prescribes the following: 
 "Technical regulations of other countries which are signatories of relevant international agreements 
(hereinafter referred to as: foreign technical regulations) may be applied as equivalent even if such 
technical regulations differ from technical regulations of Montenegro, provided they enable fulfilment of objectives of the technical regulations of Monten egro in the adequate manner. 
 
The equivalence of a foreign technical regulation referred to in paragraph 1 of this Article, with the purpose of fulfilling objectives of the technical re gulation of Montenegro, shall be assessed, at the 
request of the interested party, by the working grou p referred to in Article 4 of this Decree, which 
shall give the proposal to accept or reject foreign technical regulation as equivalent.  
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  The Minister shall, at the proposal of the working group, decide on acceptance of the foreign 
technical regulation as equivalent. 
 The decision referred to in paragraph 3 of this Ar ticle shall be published in  the "Official Gazette of 
Montenegro"." 
 (f) the acceptance of the 
results of conformity assessment procedures 
conducted by bodies in an 
exporting Member country;  (f) TBT Article 6, 7.1 Article 20 LTRCA prescribes that certificates of conformity  and conformity marks that are issued 
abroad shall be valid in Montenegro if they are issued in accordance with international agreements 
binding on Montenegro. 
 
Article 16 of the Decree on Manner and Procedur es of Conformity Assessment prescribes that 
certificates of conformity and conf ormity marks that are issued abroad shall be valid in Montenegro 
even if conformity assessment procedures differ from  those in effect in Montenegro, provided they 
ensure conformity equivalent to domestic procedures.  Such conformity assessment procedures are considered equivalent: 
 
- if conformity assessment is performed pursuant to an agreement on mutual recognition of 
conformity assessment results; 
- if conformity assessment is conducted on the basis of an agreement on mutual recognition of 
technical competence of conformity assessment bodies; or 
- if certificate was issued within international conformity assessment system.  
 Pursuant to Article 20 of the Law on Metrology, foreign type approval certificates and verification 
certificates for measuring instruments, verification marks and other marks are valid in Montenegro, 
in accordance with inte rnational agreements binding on Montenegro. 
 (g) non-discriminatory and 
cost-based fee structure.  (g) TBT Article 5.2, 7.1, 
10.4 Article 14 of the Decree on Manner and Procedures of Conformity Assessment prescribes that fees 
for conformity assessment of a certain product are equal regardless of the origin of the product 
subject to conformity assessment.  
 Article 6 LTRCA prescribes that th e provision of information related to technical requirements for 
products and conformity assessment is conducted  in accordance with obligations arising from 
relevant international agreements.  Such agreemen ts includes GATT Article XVIII which means that 
fees charged are the same for all foreign and domestic  parties and must be based on the real cost of 
providing the information.  
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6. Development and Application 
of Standards and Conformity 
Assessment Procedures: Existence of legal and/or 
administrative underpinnings 
(or "reasonable measures" as appropriate) to ensure ongoing 
compliance with provisions of 
the agreement concerning, in particular: 6. TBT Article 4 and Annex 
3, Article 8 Article 10 of the Law on Standardization pres cribes that Montenegrin standards and related 
documents shall be adopted and issued in accordance with that Law and the rules of the Institute for 
Standardization, which shall be in compliance with the rules of European and international organizations for standardization, as well as the Code of Good Practice for the Preparation, Adoption 
and Application of Standards of the WTO Ag reement on Technical Barriers to Trade. 
 (a) non-discrimination with 
respect to the treatment of 
products;  (a) TBT Annex 3 (D), 
Article 8.1 Article 3, item 7 of the Law on Standardization prescr ibes that product or service from a country that 
is a signatory to the relevant international agreem ent is accorded the same tr eatment as that accorded 
to the like domestic product or service and to the like product or service from any other country.  
In accordance with Article 15 of th e Law on Standardization, confor mity of products, processes and 
services with Montenegrin sta ndards or related documents is  conducted in accordance with 
provisions of the LTRCA.  Article 4, item 2 of that Law prescribes that, with respect to preparation, 
adoption and application of conformity assessment procedures, products originating in a country that 
is a signatory to a relevant international agreement shall not be treated less favourably than like 
products of domestic origin or like pro ducts originating in any other country. 
 (b) the prohibition of 
unnecessary obstacles to international trade;  (b) TBT Annex 3 (E), 
Article 8.1 Article 4, item 5 of the Law on Standardization pres cribes that the objective of standardization is 
promotion of international trade through preventing or eliminating unnecessary technical barriers.  
In accordance with Article 15 of th e Law on Standardization, confor mity of products, processes and 
services with Montenegrin sta ndards or related documents is  conducted in accordance with 
provisions of the LTRCA.  Article 4, item 1 of that Law prescribes that conformity assessment 
procedures shall not be prepared, adopted or applied so as to create unnecessary obstacles to trade, 
nor may they have such effect.  
 (c) the consideration of 
appropriate international 
standards, guides and 
recommendations as a basis for standards;  (c) TBT Annex 3 (F), 
Article 8.1 Article 10, paragraph 2 of the Law on Standardization prescribes that Montenegrin standards and 
related documents may be adopted based on European or international standards and related 
documents, or national standards and related documents of other countries.   
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 (d) non-discriminatory and 
cost-based fee structure.  (d) Annex 3 (M), Annex 
3 (P), Articles 8.1, 
10.4 Article 10 of the Law on Standardization pres cribes that Montenegrin standards and related 
documents shall be adopted and issued in accordance with that Law and the rules of the Institute for 
Standardization, which shall be in compliance with the rules of European and international organizations for standardization, as well as the Code of Good Practice for the Preparation, Adoption 
and Application of Standards of the WTO Ag reement on Technical Barriers to Trade.  
 The fees prescribed in relation to the documents provided by the Institute for Standardization are the 
same for all foreign and domestic parties.  
 Article 14 of the Decree on Manner and Procedures of Conformity Assessment prescribes that fees 
for conformity assessment of a certain product are equal regardless of the origin of the product 
subject to conformity assessment.  
 
 
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