RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/CGR/19/Rev.1 
21 October 2008 
 
 (08-5102) 
Working Party on the 
Accession of Montenegro Original:   English 
 
 
 
ACCESSION OF MONTENEGRO 
 
Check-list of Illustrative Sanitary  and Phytosanitary (SPS) Issues  
 
Revision  
  
 The following submission, dated 16 October 2008, is being circulated at the request of the 
Delegation of the Republic of Montenegro. 
 
 
_______________  
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Page 2 Commitments WTO Reference Provisions Related to the SPS Requirements 
1. Standstill:  the introduction of 
new standards, animal health 
regulations and food safety regulations shall conform to 
SPS Agreement principles. 1. Generally agreed 
principle in the WTO 
accession negotiations. In the process of adoption and application of the Veterinary Law (RM OG No. 11 /04 and 27/07), 
compliance with the provisions of the SPS Agreement has b een taken into account.   
 In the Law on Plant Health Protection (RM OG No. 28/06) (Article 5, paragraph 2, item 2) the 
commitment of implementation of international conv entions, contracts and treaties related to plant 
health care, including commitment of complying with the Agreement on Application of Sanitary and Phytosanitary Measures (SPS Agr eement) has been undertaken.   
 
In the Law on Food Safety (RM OG No. 14/07), the commitment of complying with the rules, measures and practices established with in the WTO has been undertaken.   
2. Establishment and operation 
of a single Contact Point for 
Information ("enquiry point"). 2. Article 7 and Annex B.3.  
SPS Agreement. Based on Article 12, paragraph 1 of the Regulation on the Government of the Republic of Montenegro 
(RM OG No. 15/94 and 4/97), and related to Article 12, paragraph 6 of the Law on Plant Health 
Protection (RM OG No. 28/06), Articles 34c, 34d and 34e of the Veterinary Law (RM OG No 11/04 and 27/07) and Articles 56, 57 and 58 of the Law on Food Safety (RM OG No. 14/07), the Government 
of Montenegro on its session held on 17 January 2008 has adopted the Regulation on the Procedure for 
Notification of Sanitary and Phytosanitary Measures .  The Regulation was published in the Official 
Gazette of Monten egro No. 13/08. 
 
Article 3 of the Regulation on the Procedure for No tification of Sanitary and Phytosanitary Measures 
(RM OG No. 13/08) prescribes that the enquiry point responsible for providing information and 
notification with respect to sanitary and phytosanitary  measures is the Ministry of Agriculture, Forestry 
and Water Management. 
 
Single enquiry point responsible for provision Article 7 and Annex B.3.  SPS Agreement regarding answers to questions from interested WTO Members with respect to the SPS area is the Ministry of 
Agriculture, Forestry and Water Management.   
3. Transparency: notification 
and access to documentation: 3. Articles 7 and Annex B, 
Also G/SPS/7. 
 SPS Agreement. The Government of Montenegro on its session held on 17 January 2008 has adopted the Regulation on 
the Procedure for Notification of Sanitary and Phytosanitary Measures.  The Regulation was published in the Official Gazette of th e Montenegro No. 13/08.   
 (a) identification of 
authority responsible for 
making notifications to the WTO and ensuring 
transparency obligations 
are met on an ongoing basis;  (a) Annex B.5 (b) and 
Annex B.10.  Article 3 of the Regulation on the Procedure for No tification of Sanitary and Phytosanitary Measures 
prescribes that the enquiry point responsible for providing information and notification with respect to 
sanitary and phytosanitary measures is the Ministry of Agriculture, Forestry and Water Management.  
In accordance with Article 6, paragraph 1 of th e Regulation on the Proced ure for Notification of 
Sanitary and Phytosanitary Measures the Ministry  of Agriculture, Forestry and Water Management 
notifies sanitary or phytosanitary regulations to relevant international organizations, including the 
World Trade Organization, unless otherwise provided  for by the applicable rules of the relevant 
international organization or by the legislation of Montenegro.  
In accordance with Article 7, paragraph 1, items 2,  3, 4 and 5 of the Regulation on the Procedure for 
Notification of Sanitary and Phytosanitary Measures  in the notification procedure the Ministry of 
Agriculture, Forestry and Water Management:  
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- notifies members of relevant international organi zations, in accordance with the applicable rules, 
of the products to be covered by the regulation together with a brief indication of the objective 
and rationale of the proposed regulation; 
- performs notifications at an early stage to enable  interested parties to review the regulations in 
order to submit amendments and comments and eventually have them included in the proposed 
regulation; 
- provides upon request to interested parties c opies of the proposed regulation and, whenever 
possible, identify the parts which in substance deviate from international standards, guidelines or 
recommendations; and 
- without discrimination, allows reasonable time fo r interested parties to make comments in writing, 
discuss these comments upon request, and take the comments and the results of the discussions 
into account. 
 (b) establish guidance or 
law requiring 
publication of proposed 
measures at an early stage for comment;  (b) Annex B.5 (a). Article 7, paragraph 1, item 1 of the Regulation on the Procedure for Notification of Sanitary and 
Phytosanitary Measures prescribes that in the no tification procedure the Ministry  of Agriculture, 
Forestry and Water Management must publish a notice at an early stage of preparation of the sanitary or 
phytosanitary regulation in such a manner as to enable interested parties to become acquainted with the proposal to introduce a particular regulation. 
 
In addition, Article 7 paragraph 2 prescribes that the sanitary or phytosanitary regulation must be adopted 
after the expiration of 75 days after the day of notification.   
 (c) provision in law or 
administrative procedure to provide copies of 
proposed measures to 
WTO Members; and  (c) Annex B.5 (c). In accordance with Ar ticle 7, paragraph 1, item 4 of the Regul ation on the Procedur e for Notification of 
Sanitary and Phytosanitary Measures, the Ministry  of Agriculture, Forestry and Water Management 
must provide upon request to interested parties copies of the proposed regulation and, whenever possible, 
identify the parts which in substance deviate from in ternational standards, guide lines or recommendations. 
 In accordance with Article 11, paragraph 1 of th e Regulation on the Proced ure for Notification of 
Sanitary and Phytosanitary Measures, the Ministry  of Agriculture, Forestry and Water Management 
provides, upon the request of the members of an intern ational organization, a copy of the draft sanitary 
or phytosanitary regulation and its translation into English. In case of voluminous documents, the 
Ministry provides translation of the summary.  
 (d) require in law or 
administrative procedure, a reasonable 
period of time for 
comment from Members and the public, and 
establishment of a 
process to take comments into account 
without discrimination.  (d) Annex B.5 (d). In accordance with Article 7, paragraph 1, item 5 of  the Regulation on the Proc edure for Notification of 
Sanitary and Phytosanitary Measures in the notifica tion procedure the Ministry of Agriculture, Forestry 
and Water Management must, without discrimination, allow reasonable time for interested parties to 
make comments in writing, discuss these comments upon request, and take the comments and the results 
of the discussions into account.  
Article 7, paragraph 2 of the Regulation on the Procedure for Notification of Sanitary and 
Phytosanitary Measures prescribes that the sanitary or phytosanitary regulation must be adopted after the expiration of 75 days after the day of notification.    
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Page 4 Commitments WTO Reference Provisions Related to the SPS Requirements 
4. Necessity:  measures are 
applied only to the extent 
necessary to protect human, animal or plant health. 4. Article 2.2. 
 SPS Agreement. Article 2 of the Regulation on the Procedure for No tification of Sanitary and Phytosanitary Measures 
defines sanitary or phytosanitary measure as any measure applied in order to: 
 - protect animal or plant life or health within the territory of Montenegro from risks arising from the 
entry, establishment or spread of pests, diseas es, disease-carrying organisms or disease-causing 
organisms; 
- protect human or animal life or health within the territory of Montenegro from risks arising from 
additives, contaminants, toxins or disease-caus ing organisms in foods, beverages or feedstuffs; 
- protect human life or health within the territory of Montenegro from risks arising from diseases 
carried by animals, plants or products thereof, or fro m the entry, establishment or spread of pests; or 
- prevent or limit other damage within the territory of Montenegro caused by the entry, establishment 
or spread of pests. 
 
In Article 2, item 51f of the Veterinary Law, the appropriate level of protection is defined as the level 
of protection deemed appropriate to pr otect human and animal life or health. 
 
Article 34a, paragraph 1, item 1 of the Veterinary La w prescribes that veterinary-sanitary measures in 
international trade are applied only to the extent necessary for protection of animal and human life and 
health and must be based on scientific principles  and scientific evidence available, international 
standards, guidelines and recommendations. 
 
Article 10, paragraph 2 of the Law on Plant Health Protection prescribes that phytosanitary measures 
are implemented in the scope necessary to protect the health status of plants and ensure normal 
continuation of trade.  
 
Article 3 of the Law on Food Safety prescribes th at provisions of this Law must be implemented in 
accordance with the principl es of free trade, providing the high level of protection of human life and 
health.  
 Article 18 of the Law on Food Safety prescribes that  food and feed safety measures will correspond to 
the risk and will not restrict trade in  food or feed more than necessary  to achieve the efficient protection 
of human life and health.   
Article 54, paragraph 1, items 2, 3 and 4 of the Law on  Food Safety prescribes th at food or feed safety 
measures in international trade may be introduced:  
- in such a manner as to avoid arbitrary or unjustified discrimination between countries where 
identical or similar conditions prevail, incl uding discrimination between the territory of 
Montenegro and other countries;  
- based on the assessment of risk to human life and health conducted in accordance with the risk 
assessment techniques of international organizations; and 
- in a manner that would not constitute a disguised restriction on international trade.   
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5. Regulations Based on 
Science:  regulations 
governing animal and plant health and food safety shall 
be based on scientific 
evidence. 5. Articles 2.2, 3.3 and 5.2.  
SPS Agreement. Article 34a, paragraph 1, item 1 of the  Veterinary Law prescribes that veterinary-sanitary measures in 
international trade must be based on scientific princi ples and scientific evidence available, international 
standards, guidelines and recommendations.  
Article 34b, paragraph 4 of the Veterinary Law pres cribes that veterinary-sanitary measures may be 
undertaken for the purpose of ensuring the level of protection of animal and human life and health higher than that achieved by measures based on international standards, guidelines and 
recommendations, provided that there is scientific ju stification for that, or in case it is estimated that 
such protection level is appropriate.    
In addition, according to Article 34b, paragraph 5 of  the Veterinary Law, the Veterinary Administration 
must review the veterinary-sanitary measures, including the temporary veterinary-sanitary measures and measures undertaken in case of emergency af ter new scientific data become available.   
 
Also, according to Article 34b, paragraph 1, item 1 of the Veterinary Law scientific evidence, 
production processes and methods,  methods of inspection and surveillance, sampling and sample 
analysis methods, prevalence of certain diseases, existence of disease-free zones or low-prevalence 
zones, appropriate environmental conditions, quaran tine measures and other measures will be taken 
into account in the appraisal of risk against animal and human health and life for the purpose of 
identification of veterinary-sanitary measures in international trade. 
 
Article 10, paragraph 3 of the Law on Plant Health Protection prescribes that phytosanitary measures 
must be prepared, enacted and amended in accordance with international standards, guidelines and recommendations, scientific principles and facts related to plant health protection and economic 
justification.  
 In case that there are no international phytosanitary guidelines, recommendations and standards, or they 
cannot reach needed level of plant health protection, phytosanitary m easures shall be scientifically 
justified and based on the principles of the risk assessment and management.  
The same Article of the Law, in paragraph 4 prescr ibes that in the risk assessment procedure, the 
following shall be taken into account:  
- available scientific data; 
- production processes and methods; - inspection supervision, sample taking and testing methods; 
- population of specific harmful organisms; 
- existence of a zone without harmful organisms; - requirements in respect of the environment, and 
- quarantine or other procedure.  
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  Article 54, paragraph 1, item 1 of the Law on Food Safety prescribes that food or feed safety measures 
in international trade may be introduced only to the extent necessary to protect human life and health, 
and provided they are based on scientific principles  and available scientific evidence, international 
standards, guidelines, and recommendation. 
 
In according to Article 55, paragraph 1, 2 and 3 of  the Law on Food Safety, assessment of risks to 
human life and health in the food or  feed safety area must be based on scientific evidence and must 
take into account processes and production methods, inspection, sampling and testing methods and 
relevant ecological conditions.  In cases where relevant scientific evidence is insufficient for objective assessment of risk or in urgent circumstances, resp onsible state administrative authority may introduce 
provisional measure on the basis of available information, including that from the international 
organizations, as well as on the basis of food or feed safety measures applied by other countries.  Food or feed safety measures that result in a higher level of protection of human life and health than would 
be achieved by measures based on the international standards, guidelines or recommendations may be 
introduced if there is a scientific justification or if it is determined that such level of protection is 
appropriate. 
6. Harmonization:  to the extent 
possible, members shall 
follow international 
standards, guidelines, and 
recommendations in establishing SPS measures. 6. Articles 3.1, 3.3 and 3.4.  
SPS Agreement. Article 34a, paragraph 1, item 1 of the Veterinary La w prescribes that veterinary-sanitary measures in 
international trade may be undertaken only to the ex tent necessary for protection of animal and human 
life and health and must be based on scientific princi ples and scientific evidence available, international 
standards, guidelines and recommendations. 
  Article 34b, paragraph 4 of the Veterinary Law pres cribes that veterinary-sanitary measures may be 
undertaken for the purpose of ensuring the level of protecton of animal and human life and health 
higher than that achieved by measures based on international standards, guidelines and recommendations, provided that there is scientific ju stification for that, or in case it is estimated that 
such protection level is appropriate.   
 Article 6 of the Veterinary Law prescribes that international obligations as regards prevention of 
outbreak, detection, control and eradication of inf ectious animal diseases in international trade in 
animals, products, raw materials, foodstuffs, animal feed and waste of animal origin and items that may 
transmit infectious diseases are met in compliance with the international conventions and other 
international agreements. 
 The Veterinary Administration takes part in activities and cooperates with international organizations. 
 
Article 2, item 51n of the Veterinary Law, lists the following international organizations: World Organization for Animal Health, formerly Office Internacional des Epizooties (OIE), Food and 
Agriculture Organization of the United Nations (FAO), World Health Organization (WHO), World 
Trade Organization (WTO) and other international organizations dealing with animal and human health 
protection areas of which Montenegro is a member. 
 Also, according to Article 34b, paragraph 2 of the Veterinary Law, the Veterinary Administration may,  
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in case of absence of appropriate scientific eviden ce for an objective risk appraisal or in case of 
emergency, undertake temporary veterinary-sanitary measures on the basis of data available, including 
the data of international organizations or data on  veterinary-sanitary measures of other countries. 
 
Article 5, paragraph 2, items 2, 3 and 5 of the Law on Plant Health Protection prescribes that 
administrative authority perform the administrative activities and related professional activities concerning the following: 
 
- implementation of international conventions, contr acts and treaties related to plant health care and 
exchange of information with government authorities, organizing bodies, institutions and other 
persons involved in the plant protection activities; 
- participation in international authorities and orga nizations related to plant health protection; and 
- preparation of reports, analyses, information and other material related to the occurrence and 
spread of harmful organisms, in  accordance with the regulation and international contracts and 
treaties related to plant health protection. 
 
Article 10, paragraph 3 of the Law on Plant Health Protection prescribes that phytosanitary measures 
must be prepared, enacted and amended in accordance with international standards, guidelines and recommendations, scientific principles and facts related to plant health protection and economic 
justification.  
 
In case that there are no international phytosanitary guidelines, recommendations and standards, or they 
cannot reach needed level of plant health protection, phytosanitary m easures shall be scientifically 
justified and based on the principles of the risk assessment and management. 
 
Article 54, paragraph 1, item 1 of the Law on Food Safety prescribes that food or feed safety measures in international trade may be introduced only to the extent necessary to protect human life and health, 
and provided they are based on scientific principles  and available scientific evidence, international 
standards, guidelines, and recommendation.  
According to Article 55, paragraph 2 of the Law on Food Safety, in cases where relevant scientific 
evidence is insufficient for objectiv e assessment of risk or in urgent  circumstances, responsible state 
administrative authority may introduce provisional measure on the basis of available information, 
including that from the international organizations, as well as on the basis of food or feed safety 
measures applied by other countries.    
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7. Equivalence:  members shall 
recognize different measures 
that achieve the same level of protection. 7. Article 4. 
 SPS Agreement. Article 34f, paragraph 1 of the Veterinary Law prescribes that veterinary-sanitary measures in another 
country will be considered equivalent to the measures in Montenegro provided that the Veterinary 
Administration establishes that the measures of the country concerned are achieving the level of animal health protection that is the same as or higher than the level required in Montenegro. 
 
Article 10, paragraph 6 of the Law on Plant Health Pr otection prescribes that ph ytosanitary measures in 
other country will be considered as equivalent to the measures in Montenegro if such other country 
demonstrates in an objective manner that it achieves the same or higher level of the plant health 
protection, compared with the level required in Montenegro.  
Article 59, paragraph 1 of the Law on Food Safety prescribes that food or feed safety measures applied 
in another country will be accepted as equivalent to  the measures in Montenegro, if the responsible 
authority of such country demonstrates in an obj ective manner that its measures achieve the same or 
higher level of human health protection than the level required in Montenegro. 
8. Risk Assessment: developing 
scientific evidence and conducting risk assessments 
to ensure that measures are 
based on science and applied 
only to the extent necessary to 
protect health. 8. Article 5.1, 5.2 and 5.3.  
SPS Agreement. In Article 2, items 51b, 51c, 51d, 51e and 51f of the Veterinary Law, risk, risk analysis, risk 
assessment, risk management and appropriate protection level are defined as follows:  
- risk is a certain level of probability of occurren ce of infectious diseases or presence of harmful 
substances that may, directly or indirectly, jeopardize the animal and human health and life to a 
certain extent; 
- risk analysis includes scientific estimate of risks, risk management and notification with a view to 
providing an appropriate level of protection of animal and human life and health; 
- risk assessment is the appraisal of the probab ility of introduction, occurrence and spreading of 
infectious diseases on the territory of the Repu blic and appraisal of potential negative effects on 
human and animal health caused by disease agents or presence of harmful su bstances in products, 
foodstuffs and raw material of animal origin or  animal feed; 
- risk management is identification and implementation of measures aimed at reduction of risk; and - appropriate protection level is the level considered appropriate for protection of animal and 
human health and life.  
 Article 34a, paragraph 1, item 3 of the Veterinary La w prescribes that veterinary-sanitary measures in 
international trade may be undertaken in line with the appraisal of risk against animal and human health 
and life, made in line with the method ology of international organizations. 
 
Also, according to Article 34b, paragraph 1 of the Ve terinary Law, in the appraisal of risk against 
animal and human health a nd life for the purpose of identification of veterinary-sanitary measures in 
international trade, the following w ill be considered in particular: 
 
- scientific evidence, production processes and methods, meth ods of inspection and surveillance, 
sampling and sample analysis methods, prevalence of certain diseases, ex istence of disease-free 
zones or low-prevalence zones, appropriate e nvironmental conditions, quarantine measures and 
other measures;  
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- economic indicators including es timate of losses in productio n and trade in case of disease 
outbreak or spreading;  
- disease control and er adication costs; and 
- efficiency as regards costs of other ap proaches aimed at risk reduction.   
 
Article 34b, paragraph 4 of the Veterinary Law pres cribes that veterinary-sanitary measures may be 
undertaken for the purpose of ensuring the level of protecton of animal and human life and health 
higher than that achieved by measures based on international standards, guidelines and 
recommendations, provided that there is scientific ju stification for that, or in case it is estimated that 
such protection level is appropriate.  
 
Also, according to Article 34b, paragraph 2 of the Veterinary Law, the Veterinary Administration may, in case of absence of appropriate scientific eviden ce for an objective risk appraisal or in case of 
emergency, undertake temporary veterinary-sanitary measures on the basis of data available, including 
the data of international organizations or data on  veterinary-sanitary measures of other countries. 
 
In addition, according to Article 34b, paragraph 5 of  the Veterinary Law, the Veterinary Administration 
must review the veterinary-sanitary measures, including the temporary veterinary-sanitary measures and measures undertaken in case of emergency after new scientific data become available. 
 
Article 10, paragraphs 3 and 4 of the Law on Plant Health Protection prescribes that phytosanitary 
measures will be prepared, enacted and amended in accordance with international standards, guidelines 
and recommendations, scientific principles and fact s related to plant health protection and economic 
justification.  In case that there are no interna tional phytosanitary guidelines, recommendations and 
standards, or they cannot reach needed level of plan t health protection, phytosanitary measures will be 
scientifically justified and based on the princi ples of the risk assessment and management. 
 
Paragraph 3 of the same Article prescribes that in  a risk assessment the following will be taken into 
account:  
- available scientific data; 
- production processes and methods; - inspection supervision, sample taking and testing methods; 
- population of specific harmful organisms; 
- existence of a zone without harmful organisms; - requirements in respect of the environment, and  
- quarantine or other procedure. 
 Risk management will include the study of economic ju stifiability in terms of the loss in production or 
sale in the event of the introduction and spread of harmful organisms, the costs of their suppression or 
eradication, as well as the economic justifiability of alternative approaches to risk reduction.   
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  In Article 6, paragraph 1, items 6, 7, 8, 9 and 10 of the Law on Food Safety, risk, risk analysis, risk 
assessment, risk management and risk communication are defined as follows: 
 - risk means the probability and severity of an adverse effect on health and life of humans and 
animals;   
- risk analysis means a process consisting of three interconnected components : risk assessment, risk 
management and risk communication; 
- risk assessment means a scientifically based pr ocess comprising hazard identification, hazard 
characterization, exposure asse ssment and risk characterization, which includes assessment of 
adverse effects on health arising from the presence of additives, contaminants, toxins or disease-
causing organisms in food; 
- risk management means a process, independent from risk assessment, of considering possible 
risk-related activities, in consultation with inte rested parties, by taking into account risk 
assessment and other relevant factors, as well as , selection of appropriate  prevention and control 
measures; and 
- risk communication means the interactive exchange  of information and opinions through the risk 
analysis process as regards hazards and risks, risk-related factors and risk identification, among 
risk assessment authorities, responsible authorities, risk management authorities, consumers, food and feed business operators and other interested parties, including the professional interpretation 
of risk assessment results and the basi s of  risk management decisions. 
 
According to Article 15 of the Law on Food Safety, in order to achieve the general goal of providing a 
high level of protection of human life and health, th e food and feed safety measures will be based on 
the risk assessment, unless this is not possible due to the circumstances or the nature of measure as 
such. 
 Risk assessment must be based on available and accessi ble scientific evidence and insights and must be 
carried out in an independent, objective and transp arent manner.  Risk assessments are carried out by 
the Food Council.  
Article 16 of the Law on Food Safety prescribes that risk management must be performed in such a 
manner as to ensure that preventive measures, surve illance and controls undertaken to reduce, eliminate 
or prevent the risk to human health in consumption of food are based on the results of risk assessment 
and other factors of relevance for e limination of risk, and to be effi cient, impartial and appropriate. 
 Risk management is carried out by responsible authorities through surveillance, control and 
implementation of preventive measures.  
 Article 17 of the Law on Food Safety prescribes that risk communication shall comprise an interactive 
exchange of information and opinions through the risk assessment process between the Food Council 
and the authorities responsible for the risk management, other organizations and interested parties, 
consumers and food and feed business operators.  
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9. Regional conditions:  
measures take into account 
the regional characteristics both of the areas from which 
products originate and the 
areas for which they are destined. 9. Article 6 and 
Annexes A.6 and A.7.  
SPS Agreement. In Article 2, items 51g and 51h of the Veterinary Law, low prevalence area and disease free area are 
defined as follows:  
 - low prevalence area is the area of the state or a number of states or parts thereof for which low 
prevalence level has been established, in line w ith the OIE recommendations, for the disease that 
is the object of efficient measures of dis ease monitoring, control or eradication; and 
- disease free area is the area of a state or several states or parts thereof for which absence of an 
animal disease has been confirmed, in line with the OIE recommendations. 
 Article 34b, paragraph 3 of the Veterinary Law prescr ibes that veterinary-sanitary measures must be 
appropriate for veterinary-sanitary conditions in the region that animals, products, foodstuffs and raw 
material of animal origin and feed originate from, or  are dispatched to, as ap propriate.  In making an 
assessment of veterinary-sanitary conditions in the region, the Veterinary Administration must also 
take into account the health condition of animals in Montenegro and the exporting country, presence of 
diseases and existence of disease control and eradi cation program, identification of disease-free zones 
or low-prevalence zones, as well as criteria and gu idelines of relevant international organizations. 
 
The Law on Plant Health Protection prescribes in Ar ticle 10, paragraph 4, item 5 that in the risk 
assessment one of elements to be ta ken into account is existence of a zone without harmful organisms. 
 
Article 14, paragraph 1 of the Law prescribes that specific surveillance is a procedure of systematic 
collection and keeping of data about the infection with harmful organisms, which includes the 
inspection examinations, monitoring of health status of plants and systematic survey in the areas in which harmful organisms are present or there is a risk of their presence, or are not present. 
 
When a harmful organism is detected, the admini strative authority, namely the competent inspector 
ascertains its presence and, in relation to the species of harmful organism, orders the suitable 
phytosanitary measures, and notifies titleholders of th e property where the infection has been detected. 
 The implementation of the phytosanitary measures shall continue for as long as there is a risk of 
harmful organisms. 
 The boundaries of the area, measures for detection, prevention of spread and suppression of harmful 
organisms, conditions for termination of the ordered measures and manner of notifying the holders of 
plants are prescribed by the Ministry of Agriculture, Forestry and Water Management.   
Article 15, paragraph 1 prescribes that a zone in which one or more than one harmful organism which 
is established in one or more areas of the Montenegro have never occurred or established itself despite the favorable conditions for it to establish itself ther e, and in which, under the favorable conditions, for 
individual cultures, there is a danger that certain harmful organisms establish themselves despite the 
fact that such organisms have never occurred or established themselves in Montenegro, may be defined 
as a protected zone.  
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  It is considered that a harmful organism is estab lished in a protected zone if it is known to occur there 
and there have been no phytosanitary  measures for its eradication, or  if such measures have proved 
ineffective over a period of at least two consecutive years.   
In a protected zone, the administ rative authority ensures the carryin g out of regular and systematic 
surveys on the presence of organisms in relation to which the protected zone was recognized.   
Protected zones, more detailed conditions for carrying out systematic surveys within the boundaries of 
the protected zone, and lists of protected zones are pr escribed by the Ministry of Agriculture, Forestry 
and Water Management.  
 
Article 55, paragraph 1 of the Law on Food Safety prescribes that assessment of risks to human life and health in the food or feed safety area shall be ba sed on scientific evidence and shall take into account 
processes and production methods, inspection, sampling and testing methods and relevant ecological 
conditions. 
10. Non-discrimination:  
measures do not arbitrarily or 
unjustifiably discriminate 
between different members or 
between domestic and foreign 
suppliers. 10. Article 2.3, and 
Annex C.1 (a) and (d).  
SPS Agreement. Article 34a, paragraph 1, items 2 and 4 of the Veterinary Law prescribes that veterinary-sanitary 
measures in international trade are applied: 
 
- in a manner that will avoid arbitrary or unjustif ied discrimination among countries where the same 
or similar conditions prevail, including the discrimination of its own territory against other 
countries; and 
- in a manner that is not a hidden foreign trade barrier. 
 
Article 34g, paragraph 1, item 1 of the Veterinary  Law prescribes that procedure of checking the 
compliance with the veterinary-sanitary measures prescribed are applied urgently, without undue delay 
and discrimination against imported products when compared to similar domestic products.  
 The Article 5 of the Law on Plant Health Protecti on prescribes that  the administrative authority 
conducts international obligation in accordance with  international conventions, contracts and treaties 
related to plant health care and exchange of information with government authorities, organizing bodies, institutions and other persons involved in the plant protection activities (including SPS 
Agreement, which prescribes non-discrimination obligation between foreign and domestic producers).  
 The Law on Plant Health Protection does not contain provisions that discriminate between imported 
and domestic products. 
 In Article 54, paragraph 1, items 2 and 4 of the Law on  Food Safety prescribes th at food or feed safety 
measures in international trade may be introduced: 
 
- in such a manner as to avoid arbitrary or unjustified discrimination between countries where 
identical or similar conditions prevail, incl uding discrimination between the territory of 
Montenegro and other countries; and  
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- in a manner that would not constitute a disguised restriction on international trade. 
 
According to Article 60, paragraph 1, item 2 of the Law on Food Safety procedure for verification of fulfilment of requirements prescribed in food or fe ed safety measures shall be carried out promptly, 
without any undue delay and discrimination of imported products in respect of similar domestic 
products. 
11. Control, inspection and 
approval procedures: ensure 
that procedures, including 
systems for approval of the use of additives or for 
establishing tolerances for 
contaminants in foods, beverages or feedstuffs 
comply with the Agreement. 11. Article 8 and Annex C.  
SPS Agreement. Article 34g of the Veterinary Law, prescribes th at the procedure of chec king the compliance with 
prescribed veterinary-sanitary measures is applied: 
 
- urgently, without undue delay and discrimination against imported products when compared to 
similar domestic products;  
- solely on the basis of facts and information necessary for conducting the procedure before the 
body;  
- by informing the applicant of the request on the period of time necessary for completion of the 
procedure, potential deficiencies in the applica tion, phase in the proced ure and procedure results; 
- in the manner that ensures protection of confidential information; - by taking samples only in the quantity required for the control and approval procedures; and 
- in cases where product specification has been changed following the control, the procedure for the 
product changed shall be applied only to the extent necessary for establishing that the product, 
though changed, complies with the relevant regulations. 
 Article 60, paragraph 3 of the Veterinary Law prescribes that the amounts of fees imposed for 
veterinary sanitary inspection may not be higher than actual costs of the procedure and may not be an 
indirect protection of domestic product or indirect taxation of imports or exports, as appropriate.  
Law on Plant Health Protection in Article 36, paragr aph 4, prescribes that phytosanitary inspector is 
obligated to immediately notify the administrative authority of any events of detaining the consignment 
of plants due to incompliance with phytosanitary requirements, indicating the reasons for detention, 
with the purpose of notifying the comp etent authority in other country. 
 Article 55 of the Law on Plant Health Protection prescribes that legal and natural persons pay the 
compensation for: 
 - phytosanitary inspection of plants, plant products and regulated articles related to the movement 
within the Republic; 
- phytosanitary inspection of plants, plant products and regulated articles which are being imported; 
and 
- phytosanitary inspection of plants, plant products  and regulated articles which are being exported. 
 
The Ministry of Agriculture, Forestry and Water Ma nagement determines the level of compensations, 
taking care they do not accede the real costs of services rendered.  
  WT/ACC/CGR/19/Rev.1 
Page 14 Commitments WTO Reference Provisions Related to the SPS Requirements 
  Article 60 of the Law on Food Safety prescribes that procedure for verification of fulfilment of 
requirements prescribed in  food or feed safety measures are carried out: 
 - promptly, without any undue delay and discrimination of imported products in respect of similar 
domestic products; 
- based solely on the facts and information necessary to conduct the proceedings in front of the 
competent authority, including approvals for use of additives, or for determination of the tolerance 
level for contaminants in food and feed;  
- in such a manner as to ensure protection of confidentiality of information; 
- taking samples solely in the quantity that is necessary for the control and approval procedures; 
and 
- if specification of food and feed changes after th e control is performed, the procedure for changes 
shall be conducted insofar as it is necessary to determine that the food and feed, regardless of the change, comply with the relevant regulations. 
 
 
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