RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/SPEC/CGR/2/Rev.1 
9 June 2006 
 
 (06-2761) 
Working Party on the 
Accession of Montenegro Original:   English 
 
 
 
ACCESSION OF MONTENEGRO 
 
Initial Offer on Specific Commitments in Services  
 
Revision  
  
 The following submission, dated 30 May 2006, is  being circulated at the request of the 
Delegation of the Republic of Montenegro. 
 
 
_______________ 
 
   
  WT/ACC/SPEC/CGR/2/Rev.1 
Page 2 Modes of supply:  (1) Cross border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or sub-Sector Limitations on market access Li mitations on national treatment Additional commitments 
I. HORIZONTAL COMMITMENTS 
Public utilities (3) Services considered as public utilities 
at a national or local level may be subject to public monopolies or to 
exclusive rights granted to private 
operators.    
Legal entities 
 Limitations on branches, agencies and 
representative offices 
  (3) Treatment accorded to subsidiaries 
having their registered office, central 
administration or principal place of 
business within Montenegro may not 
be extended to branches or agencies established in Montenegro.  
Treatment less favourable may also 
be accorded to subsidiaries with a registered office in Montenegro that 
cannot show an effective and 
continuous link with Montenegro's economy.  
Subsidies 
 
  (3) Eligibility for subsidies may be 
limited to juridical persons 
established within the territory of Montenegro or a particular 
geographical sub-division thereof. 
Unbound for subsidies for research and development.  The supply of a 
service, or its subsidisation, within 
the public sector is not in breach of this commitment. 
(4)  To the extent that any subsidies are 
made available to natural persons, 
their availability may be limited to citizens of Montenegro.   
   WT/ACC/SPEC/CGR/2/Rev.1
 Page 3Modes of supply:  (1) Cross border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or sub-Sector Limitations on market access Li mitations on national treatment Additional commitments 
Investment 
 (3) A foreign person may not have 
majority ownership in enterprises dealing with weapons and 
ammunition, or in enterprises 
established in restricted areas and must have the approval of the 
competent ministry for investments 
in such cases. However, a foreign 
person may establish or invest in 
such a company with a domestic person.   
 Real Estate  
 
  (3)(4) According to the Law on Basic 
Property Relations a foreign legal or 
natural person may own real estate other than land in Montenegro 
provided that the acquisition of real 
estate serves a business purpose or is for personal residential use.  Some 
areas of the country specified by the 
Law on Basic Property Relations may be restricted for the ownership 
of foreign persons.   
  WT/ACC/SPEC/CGR/2/Rev.1 
Page 4 Modes of supply:  (1) Cross border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or sub-Sector Limitations on market access Li mitations on national treatment Additional commitments 
Temporary Entry and Stay of Natural 
Persons (4) Unbound except for measures 
concerning the entry into and temporary stay in Montenegro of the 
following categories of natural 
persons providing services: 
 
(i) Intra-corporate transfers (ICT)
 
 
Entry and stay for a maximum of 3 years 
will be granted to persons transferred 
within a corporation and its subsidiaries 
and branches who: 
 
 - have been employed by a juridical 
person established in another 
WTO Member for at least one 
year  immediately preceding the date of admission; 
 - are temporarily transferred in the 
context of the provision of a service in Montenegro to a 
subsidiary or branch that is 
providing services in Montenegro 
 - are either Managers or Specialists (4) Unbound except for measures 
concerning the categories of natural persons referred to in the Market 
Access column.  
  
Managers are persons working in a senior 
position who primarily direct the management of the establishment, 
receiving general supervision or direction 
principally from the board of directors or 
stockholders of the business or their 
equivalent, including (a) directing the establishment or a department or 
sub-division of the establishment; 
(b) supervising and controlling the work of other supervisory, professional or 
managerial employees; and (c) having the 
authority personally to hire and fire or recommend hiring, firing or other 
personnel actions.    
   WT/ACC/SPEC/CGR/2/Rev.1
 Page 5Modes of supply:  (1) Cross border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or sub-Sector Limitations on market access Li mitations on national treatment Additional commitments 
 Specialists are persons who possess 
uncommon knowledge essential to an establishment's service, research 
equipment, techniques or management.  In 
assessing such knowledge, account will be taken not only of knowledge specific to 
the establishment, but also of whether the 
person has a high level of qualification 
referring to a type of work or trade 
requiring specific technical knowledge, including membership of an accredited 
profession.  An economic needs test will 
not be required.   
  
(ii) Business Visitors (BV)  
 
Entry and temporary stay of the following categories is permitted without application 
of an economic needs test for a period of 
up to 90 days in any twelve months:  
(a) Service sellers- persons not residing 
in Montenegro who are representatives of a service supplier 
and are seeking temporary entry for 
the purpose of negotiating and contracting for the sale of services but 
are not engaged in making direct 
sales to the general public or in 
supplying services themselves.
  
(b) Persons responsible for setting up a 
commercial presence- managers who 
are responsible for setting up in 
Montenegro a commercial presence of a service provider of another 
WTO Member and who is not 
engaged in making direct sales or in supplying services;  when the service 
provider has no other commercial 
presence in Montenegro.
    
  WT/ACC/SPEC/CGR/2/Rev.1 
Page 6 Modes of supply:  (1) Cross border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or sub-Sector Limitations on market access Li mitations on national treatment Additional commitments 
 
  
 (iii)  Contractual service suppliers (CSS) 
 
 Access will be granted to natural persons 
engaged in the supply of a service on a 
temporary basis as employees of a legal person with no commercial presence in 
Montenegro, subject to the following 
conditions: 
 
- The legal person has obtained a 
service contract, for a period not 
exceeding 12 months from a final 
consumer in Montenegro, through a procedure which guarantees the bona 
fide character of the contract
1. 
- The service contract complies with 
the laws of Montenegro. 
- The natural person seeking access 
should be offering such services as an employee of the legal person 
supplying the service for at least a 
year immediately preceding such movement. 
- The temporary entry and stay shall be 
for a cumulative period of not more than three months in any 12 month 
period or for the duration of the 
contract, whatever is less. 
- The natural person must possess 
(a) a university degree or a technical qualification demonstrating 
knowledge of an equivalent level
2, 
(b) professional qualifications where this is required to exercise an activity 
in the sector concerned pursuant to 
the laws, regulations or requirements   
                                                      
1 The competent authorities in Montenegro must be able to establis h that the contract has been awarded to that juridical person in accordance with th e requirements set 
out in the procedure in question. 
2 Where the degree or qualification has not been obtained in Montenegro, the latter may evaluate whether this is equivalent to a  university degree acquired in 
Montenegro.   
   WT/ACC/SPEC/CGR/2/Rev.1
 Page 7Modes of supply:  (1) Cross border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or sub-Sector Limitations on market access Li mitations on national treatment Additional commitments 
of Montenegro; and (c) at least three 
years professional experience in the sector. 
- The commitment relates only to the 
service activity which is the subject of the contract; it does not confer 
entitlement to exercise a professional 
in  Montenegro. 
- The number of the persons covered 
by the service contract shall not be larger than necessary to fulfil the 
contract. 
- The service contract has to be 
obtained in one of the activities 
mentioned below:  
 
 -  Legal services 
 - Accounting and bookkeeping 
services 
 - Architectural services, urban 
planning and landscape architectural services 
 - Engineering services, integrated 
engineering services 
 - Computer and related services 
 -  Advertising 
 - Management consulting  services  - Services related to management 
consulting 
 - Technical testing and analysis 
services 
 - Related scientific and technical 
consulting services 
 - Translation services 
 -   Environmental Services  
  WT/ACC/SPEC/CGR/2/Rev.1 
Page 8 Modes of supply:  (1) Cross border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or sub-Sector Limitations on market access Li mitations on national treatment Additional commitments 
II. SECTOR SPECIFIC COMMITMENTS 
I. BUSINESS SERVICES  
1. Professional Services 
(a)  Legal Services3 
 (CPC 861), excluding legal advisory 
and legal documentation and 
certification services provided by 
services suppliers entrusted with 
public functions such as notaries (1) (2) (3) (4)Citizenship of Montenegro 
is required for practice of Montenegrin law 
(1)  None  
(2)  None 
(3)  None 
(4)  Unbound, except as indicated above 
and in the horizontal section.   
  
(1)  None  
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
(b) Accounting, auditing and 
bookkeeping services  
 (CPC 862)  
 (1)  None  
(2)  None 
(3) None (4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None 
(3)  None  (4)  Unbound, except as indicated in the 
horizontal section.  
(c) Taxation Services4 
 (CPC 863)  (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
(d) Architectural services  
 (CPC 8671) 
(e) Engineering services  
 (CPC 8672) (f) Integrated engineering services 
 (CPC 8673)  (1)  None  
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
(g) Urban planning and landscape 
 architectural services  
 (CPC 8674) (1)  None  
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
(h) Medical and dental services  
 (CPC 9312) (1)  Unbound 
(2)  None 
(3)  None  (4) Unbound, except as indicated in the 
horizontal section. (1)  Unbound 
(2)  None 
(3)  None  (4)  Unbound, except as indicated in the 
horizontal section.  
                                                      
3 Membership of the BAR is requi red to practice as an attorney. 
4 Legal advice and legal representation in taxation matters are not included, since committed under legal services (part of CPC 861).  
   WT/ACC/SPEC/CGR/2/Rev.1
 Page 9Modes of supply:  (1) Cross border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or sub-Sector Limitations on market access Li mitations on national treatment Additional commitments 
(i) Veterinary services  
 (CPC 932) (1)  Unbound 
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  Unbound 
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
(j) Services provided by midwives, 
nurses, physiotherapists and 
para-medical personnel  
 (CPC 93191) (1)  Unbound 
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  Unbound 
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. . 
2. Computer and Related Services  
- Computer and related services  
 (CPC 84)  
Montenegro subscribes to the 
"Understanding on th e scope of coverage 
of Computer Services – (CPC 84)" 
attached in Annex I. (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
 
3. Research and Development Services 
(a)  R&D services on natural sciences 
 (CPC 851) (b)  R&D services on social sciences and 
humanities 
 (CPC 852) (c)  Interdisciplinary R&D services  
 (CPC 853) (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
4. Real Estate Services 
(a)  Involving own or leased property 
 (CPC 821) 
(b) On a fee or contract basis 
 (CPC 822) (1)  None  
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
5. Rental/Leasing Servi ces Without Operators  
(a) Relating to ships  
 (CPC 83103) (1)  None  
(2)  None 
(3)  None  (4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None 
(3)  None  (4)  Unbound, except as indicated in the 
horizontal section.   
  WT/ACC/SPEC/CGR/2/Rev.1 
Page 10 Modes of supply:  (1) Cross border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or sub-Sector Limitations on market access Li mitations on national treatment Additional commitments 
(b) Relating to aircraft   
 (CPC 83104)  (1)  None  
(2)  None  (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
(c) Relating to other transport equipment
   
 (CPC 83101, 83102, 83105) (1)  None  
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
(d) Relating to other machinery and  
equipment   
 (CPC 83106, 83107, 83108, 83109) (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
(e)  Other 
- Rental services relating to pre-
recorded video cassettes and optical 
discs for use in home entertainment equipment  
 (CPC 83202) (1)  None  
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
6. Other Business Services  
(a) Advertising services  
 (CPC 871)  (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
(b) Market research and public opinion 
polling services 
 (CPC 864) (1)  None  
(2)  None 
(3)  None  (4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None 
(3)  None  (4)  Unbound, except as indicated in the 
horizontal section.  
(c) Management consulting services  
 (CPC 865) (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.   
   WT/ACC/SPEC/CGR/2/Rev.1
 Page 11Modes of supply:  (1) Cross border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or sub-Sector Limitations on market access Li mitations on national treatment Additional commitments 
(d) Services related to management 
consulting; 
 (CPC 866)  
 (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
(e) Technical testing and analysis 
services  
 (CPC 8676)  (1)  Institutions have to be registered in 
the internati onal accreditation 
system 
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None5 
 
 
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
(f) Advisory and Consulting Services 
incidental to agriculture, hunting, 
forestry and fishing 
 (CPC 881, 882) 
 
 (1)  None 
(2)  None 
(3)  None (4)  Unbound, except as indicated in the 
horizontal section. (1)  None 
(2)  None 
(3)  None (4)  Unbound, except as indicated in the 
horizontal section.  
(k)  Supply services of personnel 
 (CPC 87203) (1)  None  
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
(l) Investigation and security 
 (CPC 873) (1)  None  
(2)  None 
(3)  None  (4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None 
(3)  None  (4)  Unbound, except as indicated in the 
horizontal section.  
(m) Related scientific and technical 
consulting services  
 (CPC 8675) 
 
 (1)  None  (2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
                                                      
5 Foreign certificates or reports on examination and other documents on conformity may be recognized in Montenegro only if the d ocuments have been issued in 
accordance with the inte rnational system and accreditation sc hemes recognized by Montenegro.  
  WT/ACC/SPEC/CGR/2/Rev.1 
Page 12 Modes of supply:  (1) Cross border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or sub-Sector Limitations on market access Li mitations on national treatment Additional commitments 
(n) Maintenance and repair of equipment 
(not including maritime vessels, aircraft or other transport equipment) 
 (CPC 633, 8861-8866)  (1)  Unbound 
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  Unbound
 
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
(o) Building-cleaning services   
 (CPC 874) (1)  Unbound 
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  Unbound 
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
(p) Photographic services 
 (CPC 875)    
 (1)  Unbound 
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  Unbound 
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
(q) Packaging services 
 (CPC 876) (1)  Unbound 
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  Unbound 
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
(r) Printing, publishing  
 (CPC 88442) (1)  None  
(2)  None 
(3)  None  (4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None 
(3)  None  (4)  Unbound, except as indicated in the 
horizontal section.  
(s)  Convention services 
 (CPC 87909, planning, managing and 
marketing services for conventions 
and similar events) (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
(t)  Other 
- Translation and interpretation 
services 
 (CPC 87905)  (1)  None  
(2)  None 
(3)  None  (4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None 
(3)  None  (4)  Unbound, except as indicated in the 
horizontal section.   
   WT/ACC/SPEC/CGR/2/Rev.1
 Page 13Modes of supply:  (1) Cross border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or sub-Sector Limitations on market access Li mitations on national treatment Additional commitments 
II. COMMUNICATION SERVICES  
1. Postal services6  
2. Courier services 
 (CPC 7511-7512) 
 
Services relating to the handling7 of postal 
items8 according to the following list of 
sub-sectors, whether for domestic or 
foreign destinations.     
(a)  Handling of addressed written 
communications on any kind of 
physical medium9, including: 
-  Hybrid mail service 
-  Direct mail  
(b)  Handling of addressed parcels and 
packages
10 
(c)  Handling of addressed press 
products11 
(d)  Handling of items referred to in (a) 
to (c) above as registered or insured 
mail 
(e)  Express delivery services12 for items 
referred to in (a) to (c) above 
(f)  Handling of non-addressed items 
(g)  Document exchange13 (1) (2) (3) Licensing systems may be 
established for sub-sectors (a) to (d) 
for which a general Universal 
Service Obligation exists. These licenses may be subject to particular 
universal service obligations and/or 
financial contribution to a compensation fund.  
 
(
4)  Unbound except as indicated in the 
horizontal section. (1) (2) (3) None 
 
 
 
 
  
 
 (4)  Unbound except as indicated in the 
horizontal section.  
                                                      
6 While discussions on classification in this sector are still on going, the commitment is listed  according to the proposed class ification that has been notified to WTO by 
the EC and its Member States on 23 March 2001 (WTO document S/CSS/W/61) and of the scheduling guidelines on postal/courier co-s ponsored by the EC on 17 February 2005 
(WTO document TN/S/W/30) , without prejudice to the outcome of the discussion on the classifica tion of postal and courier servi ces. 
7 The term "handling" should be taken to incl ude clearance, sorting, transport and delivery. 
8 "Postal item" refers to items handled by any type of commercial operator, whether public or private. 
9 E.g. letter, postcards. 
10 Books, catalogues are included hereunder. 
11 Journals, newspapers, periodicals. 
12 Express delivery services may include, in addition to greater speed and reliability, value added elements such as collection f rom point of origin, personal delivery to 
addressee, tracing and tracking, possibility  of changing the destination and addres see in transit, confirmation of receipt. 
13 Provision of means, including the supply of ad hoc premises as well as transportation by a third party, allowing self-delivery by mutual exchange of postal items 
between users subscribing to this service.  Postal item refers to items handled by any type of commercial operator, whether pub lic or private.  
  WT/ACC/SPEC/CGR/2/Rev.1 
Page 14 Modes of supply:  (1) Cross border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or sub-Sector Limitations on market access Li mitations on national treatment Additional commitments 
Sub-sectors (a), (d) and (e) are excluded 
when they fall into the scope of the 
services which may be reserved, which is: 
for items of correspondence the price of which is less than five times the public 
basic tariff, provided that they weigh less 
than 350 grams
14, plus the registered mail 
service used in the course of judicial or 
administrative procedures.    
3.  Telecommunication Services  
- Telecommunications 
 
All services consisting of the transmission 
and reception of signals by any electromagnetic means, excluding 
broadcasting. Broadcasting is defined as 
the uninterrupted chain of transmission required for the distribution of TV and 
radio programme signals to the general 
public, but does not cover contribution links between operators. 
 
Telecommunications services do not cover the economic activity consisting of 
the provision of content services which 
require telecommunications services for their transport. 
 
These services may be provided on a 
facilities basis or non-facilities basis, and 
encompass local, long-distance, or international services, for public or non-
public use, and may be provided through 
any means of technology.  
(exclusion for radio and television 
broadcasting)  
 
(1)  None, except for Call-back services, 
where: unbound.  
(2)  None 
(3)  None 
(4)  Unbound, except as indicated in 
horizontal commitments.  
 
(1) None 
 (2)  None 
(3)  None 
(4)  Unbound, except as indicated in 
horizontal commitments. Montenegro undertakes the obligations 
contained in the reference paper attached 
hereto for the following basic 
telecommunications services:   
a) Voice telephone services 
b) Packet-switched data transmission 
services 
c) Circuit-switched data transmission 
services 
d) Telex services 
e) Telegraph services 
f) Facsimile services 
g) Private leased circuit services 
o) Other 
                                                      
14 "Items of correspondence":  a communication in written form on any kind of physical medium to be conveyed and delivered at the  address indicated by the sender on 
the item itself or on its wrapping. Books, catalogues, newspapers and periodicals are not regarded as items of correspondence.  
   WT/ACC/SPEC/CGR/2/Rev.1
 Page 15Modes of supply:  (1) Cross border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or sub-Sector Limitations on market access Li mitations on national treatment Additional commitments 
III. CONSTRUCTION AND RELATED  ENGINEERING SERVICES  
1. General construction 
work for buildings 
 (CPC 512) 
2. General construction 
work for civil engineering 
 (CPC 513) 
3. Installation and assembly work 
 (CPC 514, 516)  
4.  Building completion and finishing 
work 
 (CPC 517) 
5. Other 
 (CPC 511+515+518) (1)  Unbound  
(2)  None (3)  None  
(4) Unbound, except as indicated in the 
horizontal section. (1)  Unbound 
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
IV. DISTRIBUTION SERVICES 
1. Commission Agents' Services  
 (CPC 621, 61111, 6113, 6121) 
2. Wholesale Trade 
 (CPC 622, CPC 61111,  6113, 6121) 3. Retailing Services  
 (CPC 631, 632, 61112, 6113, 6121, 
613) 
4. Franchising  
 (CPC 8929)  (1)  None   
(2)  None 
(3) None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
V. EDUCATIONAL SERVICES 
1. Primary education services  
 (CPC 921) (1)  None  
(2)  None (3)  None  
 
 
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None (3)  A private elementary school may be 
established only by a domestic 
natural or legal person.  
(4)  Unbound, except as indicated in the 
horizontal section.  
2. Secondary Education Services   
 (CPC 922)   (1)  None  
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.   
  WT/ACC/SPEC/CGR/2/Rev.1 
Page 16 Modes of supply:  (1) Cross border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or sub-Sector Limitations on market access Li mitations on national treatment Additional commitments 
3. Higher Education Services  
 (CPC 923) (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
4. Adult Education    
 (CPC 924) (1)  None  
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
VI. ENVIRONMENTAL SERVICES  
1. Sewage services (Waste Water 
services corresponds to Sewage Disposal Services) 
(CPC 9401) 
- Water for Human Use and 
Wastewater  Management 
2. Refuse Disposal Services  
 (CPC 9402) - Solid/Hazardous Waste Management 
3. Sanitation and Similar Services 
 (CPC 9403) (1) Unbound  
(2) None (3) None 
(4)  Unbound, except as indicated in the 
horizontal section. 
 (1) Unbound  
(2) None  (3) None. 
(4) Unbound, except as indicated in the 
horizontal section.  
4. Other 
- Protection of ambien t air and climate.  
- Cleaning services of exhaust gases  
 (CPC 94040) - Remediation and clean up of soil and 
water  
- Treatment, remediation of 
contaminated/polluted soil and water 
 (part of CPC 9406). Corresponds to 
parts of Nature and Landscape 
Protection Services 
- Noise and vibration abatement  CPC 9405 
- Protection of biodiversity and 
landscape 
- Nature and landscape protection 
services  
 (parts of CPC 9406 not covered 
under D)     
   WT/ACC/SPEC/CGR/2/Rev.1
 Page 17Modes of supply:  (1) Cross border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or sub-Sector Limitations on market access Li mitations on national treatment Additional commitments 
VII. FINANCIAL SERVICES    
 
- As a general rule and in a non-discriminatory manner, financia l  institutions incorporated in Montenegro must adopt a specifi c legal form. 
- The admission to the market of new financial services or produc ts may be subject to the existence of, and consistency with, a  regulatory framework ai med at achieving the 
objectives indicated in Article 2.(a) of the Annex on Financial Services. 
1. Insurance and insurance-related services  
- Direct insurance (including co-
insurance): 
(a) life 
(b) non-life 
(c) Reinsurance and retrocession 
(d) Insurance intermediation, such as 
brokerage and agency 
(e) Services auxiliary to insurance, such 
as consultancy, actuarial, risk 
assessment and claim settlement 
services (1)(2)(3)(4) Unbound (1)(2)(3)(4) Unbound New Law in preparation 
2. Banking and Other Financial Services  
 
(1) (3) The establishment of a specialised management company is required to perform the activities of management of unit trust s and investment companies. Only firms having their 
registered office in Montenegro can act as depositories of the assets of investment funds  
(a) Acceptance of deposits and other 
repayable funds from the public  (1) Unbound  
(2)  None  (3)  Banks must be formed as joint stock 
companies 
(4)  Unbound, except as indicated in the 
horizontal section. (1) Unbound 
(2)  None (3)  None  
 
(4)  Unbound, except as indicated in the 
horizontal section.  
(b) Lending of all types, consumer credit, 
mortgage credit, factoring and 
financing of commercial transaction  
(c) Financial leasing  
(d) All payment and money transmission 
services  
(e) Guarantees and commitments   (1)  None 
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None 
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
(f) Trading for own account or for 
account of customers, whether on an exchange, in an over-the-counter 
market or otherwise, the following: 
 - money market instruments (cheques, 
bills, certificate of deposits, etc.)  (1)  None 
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.   
  WT/ACC/SPEC/CGR/2/Rev.1 
Page 18 Modes of supply:  (1) Cross border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or sub-Sector Limitations on market access Li mitations on national treatment Additional commitments 
- foreign exchange 
-  derivative products (including, but 
not limited to,  futures and options) 
-  exchange rate and interest rate 
instruments, such as swaps and forward rate agreements 
-  transferable securities  
-  other negotiable instruments and 
financial assets, such as bullion  
(g) Participation in issues of all kinds of 
securities, under-writing and placement as agent (whether publicly 
or privately) and provision of service 
related to such issues  
(h) Money broking  (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
(i) Asset management, such as cash or 
portfolio management, all forms of 
collective investment management, custodial depositary and trust services (1)  None 
(2)  None 
(3)  None   (4) Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None 
(3)  None  (4)  Unbound, except as indicated in the 
horizontal section.  
(j) Settlement and cl earing services for 
financial assets: securities, derivative products, and other negotiable 
instruments  
  (1)  Unbound 
(2)  None (3)  This type of services may be 
provided by Central Depository of 
Securities only 
(4) Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None (3)  None  
 
 (4)  Unbound, except as indicated in the 
horizontal section.  
(k) Advisory, intermediation and other 
auxiliary financial services: credit 
reference and analysis, investment 
and portfolio research and advice, advice on acquisitions and on 
corporate restructuring and strategy (1)  None  
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
(l) Provision and transfer of financial 
information, and financial data processing and related software  by 
providers of other financial services  
 (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.   
   WT/ACC/SPEC/CGR/2/Rev.1
 Page 19Modes of supply:  (1) Cross border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or sub-Sector Limitations on market access Li mitations on national treatment Additional commitments 
VIII. HEALTH RELATED AND SOCIAL SERVICES   
1. Hospital services  
 (CPC 9311) 2. Other Human Health Services  
 (CPC 9319) (1)  Unbound 
(2)  None (3)  None 
(4)  Unbound, except as indicated in the 
horizontal section. (1)  Unbound 
(2) None (3)  None 
(4)  Unbound, except as indicated in the 
horizontal section.  
IX. TOURISM AND TRAVEL RELATED SERVICES  
1. Hotels and Restaurants (incl. 
catering)  
 (CPC 641- 643) (1)  Unbound 
(2) None 
(3)  None (4)  Unbound, except as indicated in the 
horizontal section. (1)  Unbound 
(2) None 
(3)  None (4)  Unbound, except as indicated in the 
horizontal section.  
2. Travel Agencies and Tour Operators' 
Services  
 (CPC 7471)  (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
3. Tourist Guides Services   
 (CPC 7472)  (1)  None  
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None 
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
X. RECREATIONAL, CULTURAL AND SPORTING SERVICES (other than audiovisual services) 
B. News agency services 
 (CPC 962) (1)  None 
(2)  None 
(3) None, except unbound for foreign 
states, international organizations and 
foundations. 
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None 
(2)  None 
(3)  None, except unbound  for foreign 
states, international organizations and 
foundations. 
(4)  Unbound, except as indicated in the 
horizontal section.  
D. Sporting and Other Recreational 
Activities, excluding gambling and betting services 
 (CPC 9641, 96491) (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.   
  WT/ACC/SPEC/CGR/2/Rev.1 
Page 20 Modes of supply:  (1) Cross border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or sub-Sector Limitations on market access Li mitations on national treatment Additional commitments 
XI. TRANSPORT SERVICES 
1. Maritime Transport Services 
(a)   Passenger transportation 
 (CPC 7211) (b)   Freight transportation 
 (CPC 7212) except cabotage
15 (1)  None  
(2)  None (3)  (a) Establishment of a registered 
company for the purpose of 
operating a fleet under the Montenegrin flag: Unbound: 
 (b) Other forms of commercial 
presence for the supply of 
international maritime transport 
services: None.
16  
(4)  (a) Ship's crews: Unbound  
 (b) Unbound, except as indicated in 
the horizontal section. (1)  None 
(2)  None (3)  (a) Unbound 
 (b) None 
  
 
 
 
 (4)  Unbound, except as indicated in the 
horizontal section.
17 The following services at the port are 
made available to international maritime transport suppliers on  reasonable and no 
discriminatory terms and conditions. 
1. Pilotage 2. Towing and tug assistance 
3. Provisioning, fuelling and watering 
4. Garbage collecting and ballast waste 
disposal  
5. Port Captain's services 6. Navigation aids 
7. Shore-based operational services 
essential to ship operations, including communications, water 
and electrical supplies 
8. Emergency repair facilities 9. Anchorage, berth and berthing 
services 
                                                      
15 Without prejudice to the scope of activities which may be considered as "cabotage" under the relevant national legislation, th is schedule does not include "maritime 
cabotage services", which are assumed to cover transportation of passengers or goods between a port located in Montenegro and a nother port located in Montenegro, traffic 
originating and terminating in the same port located in Monteneg ro provided that this traffic remains within Montenegro's terri torial waters, and transp ortation of passengers and 
goods between a port located in Montenegro and installations or structures situated on the continental sh elf of  Montenegro. 
16 "Other forms of commercial pres ence for the supply of international maritime tr ansport services" means the ability for interna tional maritime transport service 
suppliers of other Members to undertake locally all activities wh ich are necessary for the supply to their customers of a parti ally or fully integrated transport service, within which 
the maritime transport constitutes a substantial element.  (This commitment shall however not be  construed as limiting in any m anner the commitments undertaken under the 
cross-border mode of delivery). 
These activities include, but are not limited to: (a) marketing and sales of maritime transport and related services through direct contact with customers, from quotation to inv oicing, these services being those 
operated or offered by the service supplier itself or by servi ce suppliers with which the service seller has established standi ng business arrangements; 
(b) the acquisition, on their own account or on behalf or their customers (and th e resale to their customers) of any transport and related services, including inward 
transport services by any mode, particularly  inland waterways, road and rail, necessa ry for the supply of the integrated servic es; 
(c)  the preparation of documentation concerning transport documents, customs documents, or other documents related to the orig in and character of the goods 
transported; 
(d) the provision of business information by any means, includin g computerised information syst ems and electronic data intercha nge (subject to the provisions of 
the annex on telecommunications); 
(e) the setting up of any business arrangements (including participation in the stock of a company) and the appointment of pers onnel recruited locally (or, in the 
case of foreign personnel, subject to the horizontal commitment on movement of personnel) with any locally established shipping  agency; 
(f) acting on behalf of the companies, organising the call of the ship or taking over cargoes when required.  
   WT/ACC/SPEC/CGR/2/Rev.1
 Page 21Modes of supply:  (1) Cross border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or sub-Sector Limitations on market access Li mitations on national treatment Additional commitments 
(c)  Rental of vessels with crew 
 (CPC 7213)  (1)  None  
(2)  None  (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
(d)   Maintenance and repair of vessels 
 (CPC 8868**)  
 (1)  Unbound 
(2)  None 
(3)  None 
(4)  Unbound, except as indicated in the 
horizontal section. (1)  Unbound 
(2)  None 
(3)  None 
(4)  Unbound, except as indicated in the 
horizontal section.  
(e)   Pushing and towing services 
 (CPC 7214), except cabotage  (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None 
(2)  None (3)  None 
(4)  Unbound, except as indicated in the 
horizontal section.  
-   Maritime cargo handling services18 (1)  Unbound except no limitation on 
transhipment (board to board or via 
the quay) or on the use of on-board 
cargo handling equipment. 
(2)  None 
(3)  None19 
(4)  Unbound, except as indicated in the 
horizontal section. (1) Unbound except no limitation on 
transhipment (board to board or via 
the quay) or on the use of on-board 
cargo handling equipment. 
(2)  None 
(3)  None 
(4)  Unbound, except as indicated in the 
horizontal section.  
- Storage and warehousing services  
 (CPC 742) 
- Customs clearance services20 
- Container station and depot 
services21 (1)  Unbound 
(2)  None 
(3)  None (4)  Unbound, except as indicated in the 
horizontal section. (1)  Unbound 
(2)  None 
(3)  None (4)  Unbound, except as indicated in the 
horizontal section.  
                                                                                                                                                                                                                                                                    
17 The Officer in command of a domestic vessel must be a citizen of Montenegro. 
18 "Maritime cargo handling services" means activities exercised by stevedore companies, including terminal operators, but not in cluding the direct activities of dockers 
when this workforce is organised independently of the stevedoring or terminal operator companies. The activities covered includ e the organisation and supervision of (a) the 
loading/discharging of cargo to/from a ship; (b) the lashing/unlashing of cargo; and (c) the reception/delivery and safekeeping  of cargoes before shipment or after discharge. 
19  Public utility concession or licensing procedures may apply in case of occupation of the public domain. 
20 "Customs clearance services" means activities consisting in carry ing out, on behalf of another party, customs formalities conc erning import, export or through 
transport of cargoes, whether this service is the main activity of the service provider or a usual complement of its main activ ity. 
21 "Container station and depot services" means activities consisting in storing containers, whether in port areas or inland, wit h a view to their stuffing/stripping, 
repairing and making them available for shipments.  
  WT/ACC/SPEC/CGR/2/Rev.1 
Page 22 Modes of supply:  (1) Cross border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or sub-Sector Limitations on market access Li mitations on national treatment Additional commitments 
- Maritime agency services22 
- Maritime freight forwarding 
services23 (1)  None  
(2)  None (3)  None  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None 
(2)  None (3)  None 
(4)  Unbound, except as indicated in the 
horizontal section.  
3. Air Transport Services  
(d)  Maintenance and repair of aircrafts 
 (CPC 8868**) (1)  Unbound 
(2)  None 
(3)  None   
(4)  Unbound, except as indicated in the 
horizontal section. (1)  Unbound 
(2)  None 
(3)  None 
(4)  Unbound, except as indicated in the 
horizontal section.  
(e)  Supporting services for air transport 
 - Selling and marketing of air transport 
services 
- Computer Reservation  System (CRS) (1)  None  
(2)  None (3)  None  
 
  
 
  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  None except for distribution through 
CRS of air transport services provided by CRS parent carrier:  
Unbound. 
(2)  None (3)  None except for distribution through 
CRS of air transport services 
provided by CRS parent carrier:  Unbound. 
(4)  Unbound, except as indicated in the 
horizontal section.  
5. Rail Transport Services  
(d)  Maintenance and repair of rail 
transport equipment  
 (CPC 8868**) (1)  Unbound  
(2)  None 
(3)  None 
(4)  Unbound, except as indicated in the 
horizontal section. (1)  Unbound  
(2)  None 
(3)  None 
(4)  Unbound, except as indicated in the 
horizontal section.  
(e) Supporting services for railway 
transport 
 (CPC 7430) (1)  Unbound  
(2)  None (3)  None 
(4)  Unbound, except as indicated in the 
horizontal section. (1)  Unbound
  
(2)  None 
(3)  None 
(4)  Unbound, except as indicated in the 
horizontal section.  
                                                      
22 "Maritime agency services" means activities consisting in repres enting, within a given geographic area, as an agent the busine ss interests of one or more shipping lines 
or shipping companies, for the following purposes: (a) marketing and sales of maritime transport and related services, from quo tation to invoicing, and issu ance of bills of lading 
on behalf of the companies, acquisition and resale of the necessary related services, preparation of documentation, and provisi on of business information; and (b) acting on behalf 
of the companies organising the call of the ship or taking over cargoes when required. 
23 "Freight forwarding services" means (the activity consisting of organising and monitoring shipment operations on behalf of shi ppers, through the acquisition of 
transport and related services, pr eparation of documentation and provision of business information).  
   WT/ACC/SPEC/CGR/2/Rev.1
 Page 23Modes of supply:  (1) Cross border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
Sector or sub-Sector Limitations on market access Li mitations on national treatment Additional commitments 
6. Road Transport Services  
(a)  Passenger transportation  
 (CPC 7121+7122) (b)   Freight transportation 
 (CPC 7123) 
(c)  Rental of commercial vehicles with 
operator 
 (CPC 7124) 
(d)  Maintenance and repair of road 
transport equipment 
 (CPC 6112+8867) (e)  Supporting services for road transport 
services 
 (CPC 744) (1)  Unbound 
(2)  None (3)  None, except for passenger 
transportation (CPC 7121+7122) and 
freight transportation (CPC 7123) where unbound.  
(4)  Unbound, except as indicated in the 
horizontal section. (1)  Unbound 
(2)  None (3)  None, except for passenger 
transportation (CPC 7121+7122) and 
freight transportation (CPC 7123) where unbound. 
(4)  Unbound, except as indicated in the 
horizontal section.  
8. Services auxiliary to all modes of transport   
(a)  Cargo handling services, except in 
airports  
 (CPC 741)  
(b)  Storage and warehousing services  (CPC 742)  
(c)  Freight transport agency services 
 (CPC 748)  (d)  Other supporting and auxiliary 
transport services  
 (CPC 749) (1)  Unbound   
(2)  None 
(3)  None 
(4)  Unbound, except as indicated in the 
horizontal section. (1)  Unbound  
(2)  None 
(3)  None  
(4)  Unbound, except as indicated in the 
horizontal section.  
 WT/ACC/SPEC/CGR/2/Rev.1 
Page 24 
  
  ANNEX I 
Understanding on the scope of coverage of  CPC 84 - Computer and Related Services
 
CPC 84 covers the basic functions used to provi de all computer and related services: computer 
programs defined as the sets of instructions re quired to make computers work and communicate 
(including their development and implementation), data processing and storage, and related services, 
such as consultancy and training services for staff of clients.  Technological developments have led to 
the increased offering of these services as a bundle or  package of related services that can include 
some or all of these basic functions.  For example, services such as web or domain hosting, data 
mining services and grid computing each consist of a combination of basic computer services 
functions. 
Computer and related services, regardless of whether they are delivered via a network, including the 
Internet, include all services that provide:  
− consulting, strategy, analysis, planning, speci fication, design, development, installation, 
implementation, integration, testing, debugging,  updating, support, technical assistance, or 
management of or for computers or computer systems; 
− computer programs defined as the sets of instru ctions required to make computers work and 
communicate (in and of themselves), plus consulting, strategy, analysis, planning, 
specification, design, development, installati on, implementation, in tegration, testing, 
debugging, updating, adaptation, maintenance, s upport, technical assistance, management or 
use of or for computer programs; 
− data processing, data storage, data hosting or database services; 
− maintenance and repair services for office machinery and equipment, including computers; or 
− training services for staff of clients, related to computer programs, computers or computer 
systems, and not elsewhere classified.   
Computer and related services enable the provision of other services (e.g., banking) by both electronic 
and other means.  However, there is an important  distinction between the enabling service (e.g., web-
hosting or application hosting) and the content or co re service that is being delivered electronically 
(e.g., banking). In such cases, the content or  core service is not covered by CPC 84.   WT/ACC/SPEC/CGR/2/Rev.1 
 Page 25 
  
  ANNEX II 
Postal and Courier Services
 
Text of Communication (WTO Document TN/S/W/26) of the European Communities on a  
Reference Paper on Postal and Courier Services  
I. INTRODUCTION 
1. This communication is a complement to the sectoral proposal S/CSS/W/61 of the European 
Communities and their Member States on the postal and courier sector, which notably contemplated 
the possibility of a reference paper for postal and cour ier services.  The EC suggests that the following 
reference paper proposal on postal and courier servic es could be a model to be further discussed with 
Members with a view to insert a final version of the paper in the additional commitments of Members willing to take specific commitments in the postal and courier services sector.  
2. The present proposal does not deal with two important issues, which should be discussed 
further, namely:  
(a) relations between WTO and UPU rules, which the EC considers should not be 
covered by the reference paper but shou ld be further discussed among Members;  
(b) a list of examples of the anti-competitive practices mentioned in section 1 of the 
following proposal, as well as a list of practices which should not be considered as anti-competitive per se , which the EC considers should in principle be added to the 
reference paper at some stage.  
II. PROPOSAL FOR A REFERENCE PAPER ON THE POSTAL AND COURIER 
SECTOR 
Scope
 
 
The following are definitions and principles on the regulatory framework for all postal and 
courier services.  
Definitions  
 
An "individual licence"  is an authorisation, granted to an individual supplier by a regulatory 
authority, which is required before supplying a given service. 
Universal service  is the permanent provision of a postal service of specified quality at all 
points in the territory of a Member at affordable prices for all users.  
1. Prevention of anti-competitive practices in the postal and courier sector 
Appropriate measures will be maintained or  introduced for the purpose of preventing 
suppliers who, alone or together, ha ve the ability to affect materially the terms of participation (having 
regard to price and supply) in the relevant market  for postal and courier services as a result of use of 
their position in the market, from engaging in  or continuing anti-competitive practices. 
2. Universal service 
Any Member has the right to define the ki nd of universal service obligation it wishes to 
maintain. Such obligations will not be regarded  as anti-competitive per se, provided they are WT/ACC/SPEC/CGR/2/Rev.1 
Page 26 
  
  administered in a transparent, non-discriminator y and competitively neutral manner and are not more 
burdensome than necessary for the kind of universal service defined by the Member. 
3. Individual licenses 
An individual licence may only be required fo r services which are within the scope of the 
universal service.  
Where an individual licence is required, the following will be made publicly available: 
(a) all the licensing criteria and the period of time normally required to reach a decision 
concerning an application for a licence; and 
(b) the terms and conditions of  individual licenses. 
The reasons for the denial of an individual li cence will be made known to the applicant upon 
request and an appeal procedure through an inde pendent body will be established at the Member's 
level.  Such a procedure will be transparent, non-discriminatory, and based on objective criteria.  
4. Independence of the regulatory body 
The regulatory body is legally separate from, and not accountable to, any supplier of postal 
and courier services. The decisions of and the procedures used by the regulatory body will be 
impartial with respect to all market participants. 
III. EXPLANATORY NOTES  
A. W
HAT IS A REFERENCE PAPER ?  
3. In addition to the general commitments impo sed by GATS on all the services sectors it 
covers, Members can take "specific" commitment s in the sectors of their choice. The specific 
commitments are described in the "schedule of commitments" of each Member and divided into market access (Article XVI of GATS), nationa l treatment (Article XVII), and "additional 
commitments" (Article XVIII).  
4. A reference paper is a list of these "additional commitments" for a given sector,  which 
Members are invited to inscribe in their schedules of  commitments if they wish to do so. Thus, the 
reference paper only has a legal value inasmuch as it is inscribed in a Member's schedule of commitments.  But it can be a useful "reference" for negotiations on the liberalisation of trade in a 
given sector.  There is to this day one refere nce paper, on telecommunications, which has been 
undertaken by a significant number of WTO Members
24.  
B. WHY A REFERENCE PAPER IN  POSTAL AND COURIER ? 
5. The postal and courier sector has some specific features :  
(a) importance of regulation ;  
(b) predominance of State-owned operators ;  
(c) tendency of the postal operators to diversify their activities (finance, 
telecommunications, internet, express). 
                                                      
24 75 Members have undertaken the reference paper in its entirety, 5 others have only done so partly.   WT/ACC/SPEC/CGR/2/Rev.1 
 Page 27 
  
  6. These features mainly characterise the "trad itional" activities where a universal service 
obligation exists, but they can "spill over" in other sub-sectors, such as express delivery (cross-
subsidisation, for instance).  They might justif y specific rules for the postal and courier sector, in 
order:  
(a) to avoid that commitments in market access and national treatment are rendered 
ineffective by other practices specific to the sector;  
(b) to have a common view on the scope of terms commonly used in schedules of 
commitments (such as universal service) in  order to clarify commitments or possible 
restrictions to market access and national treatment which Members might wish to 
keep in their schedules of commitments.    
C. T
HE POSSIBLE CONTENTS OF THE REFERENCE PAPER  
This part describes each paragraph of  the proposed reference paper.   
1. Scope 
7. It is proposed to draft a reference paper for the whole sector (postal and courier), including 
express delivery services.   
2. Definitions 
8. The terms of "users" and "essential faciliti es", defined in the reference paper on 
telecommunications (hereafter RPT), are not used in  the proposal because they do not play the same 
role in the postal/courier sector.  
9. It is proposed to include a definition of individual licenses and universal service, which did 
not exist in the RPT, but which seem necessary for th e paragraphs dedicated to universal service and 
licensing procedures.  The definition of universal service is consistent with (and inspired by) the definition given at UPU level.  
3. Prevention of anti-competitive practices 
10. This paragraph aims at preventing dominant players from abusing their market power. It is 
substantially inspired by the paragraph of the RPT.   However, the subsequent  paragraph of the RPT, 
which describes examples of such anti-competitiv e practices, has not been included as a further 
analysis of the anti-competitive practices specific to  the postal and courier sector appears necessary.  
4. Universal service  
11. Universal service is a key component of  the postal sector for most Members.   The EC 
believes that this principle should be expressly me ntioned in additional commitments rules.  In 
particular, this paragraph confirms the possibilit y to impose universal services obligations provided 
they respect certain basic rules, such as transparency, non-discrimination and a neutral administration.  
It is entirely inspired by the RPT.  
5. Licensing criteria 
12. This paragraph aims at giving operators mini mal guarantees in the licensing procedures.  The 
wording of the RPT has been included, but menti on of an appeal procedure has been added.  
13. In addition, the possibility of imposing an individual licensing procedure on an operator 
would be restricted to services where a universal service obligation exists.  This would answer WT/ACC/SPEC/CGR/2/Rev.1 
Page 28 
  
  concerns that some countries might actually feel en ticed by the reference paper to add new licensing 
procedures in activities where such procedures did no t exist yet (in express delivery services notably).  
6. Independent regulators  
14. This paragraph imposes the principle of an in dependent regulator. The provisions of the RPT 
have broadly been included.  
D. R
ELATIONS WITH UPU 
15. The question of the relation between rules laid  down by the UPU and the rules of the WTO 
will have to be dealt with by Members.  One of these possible overlaps is the "terminal dues" system. 
Terminal dues are the tariffs received by universal se rvices operators for the delivery of international 
mail.  These tariffs are managed as per rules deci ded in the UPU but the question is whether the 
system, which draws a distinction between develo ped and developing countr ies and is not always 
related to costs, is consistent with  GATS and notably its MFN obligation.  
16. Because of its flexibility, a reference paper does not  appear to be the right instrument to deal 
with this more systemic problem.  However, the question of the relations between UPU rules and 
GATS should be addressed in the negotiations at so me point, in order to support ongoing efforts 
within the UPU to establish a more co st-oriented terminal dues system.   
  WT/ACC/SPEC/CGR/2/Rev.1 
 Page 29 
  
  REFERENCE PAPER 
Scope
 
The following are definitions and principles on the regulatory framework for the basic 
telecommunications services. 
Definitions  
Users  mean service consumers and service suppliers. 
Essential facilities  mean facilities of a public telecommunica tions transport network or service that: 
 (a) are exclusively or predominantly provided  by a single or limited number of suppliers; 
and 
 (b) cannot feasibly be economically or tec hnically substituted in order to provide a 
service. 
A major supplier  is a supplier which has the ability to mate rially affect the terms of participation 
(having regard to price and supply) in relevant  market for basic telecommunications services as a 
result of: 
 (a) control over essential facilities; or 
 (b) use of its position in the market. 
1. Competitive safeguards  
1.1.  Prevention of anti-competitive practices in telecommunications  
 Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone 
or together, are a major supplier from engaging  in or continuing anti-competitive practices. 
1.2.   Safeguards  
 The anti-competitive practices referred to above shall include in particular:  (a) engaging in anti-competitive cross-subsidization; 
 (b) using information obtained from comp etitors with anti-competitive results; and 
 (c) not making available to other services supp liers on timely basis technical information 
about essential facilities and commercially re levant information which are necessary 
for them to provide services. 
2.   Interconnection
 
2.1.   This section applies to linking with supp liers, providing public telecommunications transport 
networks or services in order to allow the user s of one supplier to communicate with users of 
another supplier and to access services provi ded by another supplier, where specific 
commitments are undertaken. 
2.2 Interconnection to be ensured  
 Interconnection with a major supplier will be en sured at any technically feasible point in the 
network.  Such interconnection is provided. WT/ACC/SPEC/CGR/2/Rev.1 
Page 30 
  
   (a) under not-discriminatory terms, conditi ons (including technical standards and 
specifications) and rates and of a quality no less favourable than that provided for its 
own like services or for like services of non-affiliated service suppliers or for its 
subsidiaries or other affiliates; 
 (b) in a timely fashion, on terms, conditions (including technical standards and 
specifications) and cost-oriented rates that ar e transparent, reasonable, having regard 
to economic feasibility, and sufficiently unbounded so that the supplier need not pay for network components or facilities that it does not require for the service to be 
provided; and 
 (c) upon request, at points in addition to th e network termination points offered to the 
majority of users, subject to charges that reflect the cost of construction of necessary additional facilities. 
2.3 Public availability of the pro cedures for interconnection negotiations
 
 The procedures applicable for interconnecti on to a major supplier will be made publicly 
available. 
2.4 Transparency of interconnection arrangements  
 It is ensured that a major supplier will make  publicly available either its interconnection 
agreements or a reference interconnection offer. 
2.5 Interconnection: dispute settlement  
 A service supplier requesting interconnection with  a major supplier will have recourse, either: 
 (a) at any time; or 
 (b) after a reasonable period of time which has been made publicly known to an 
independent domestic body, which may be  a regulatory body as referred to in 
paragraph 5 below, to resolve disputes re garding appropriate terms, conditions and 
rates for interconnection within a reasonable period of time, to the extent that these 
have not been established previously. 
3. Universal services  
 Any Member has the right to define the ki nd of universal service obligation it wishes to 
maintain.  Such obligations will not be regard ed as anti-competitive per se, provided they are 
administered in a transparent, non-discrimin atory and competitively neutral manner and are 
not more burdensome than necessary for the kind  of universal service defined by the Member. 
4. Public availability of licensing criteria  
 Where a licence is required, the following will be made publicly available:  (a) all the licensing criteria and the period of  time normally required to reach a decision 
concerning an application for a licence; and 
 (b) the terms and conditio ns of individual licenses. 
 The reasons for the denial of a licence will be  made known to the applicant upon request.  WT/ACC/SPEC/CGR/2/Rev.1 
 Page 31 
  
  5. Independent regulators
 
 The regulatory body is separate from, and not accountable to, any supplier of basic 
telecommunications services.  The decisions of and the procedures used by regulators shall be 
impartial with respect to all market participants. 
6. Allocation and use of scarce resources  
 Any procedures for the allocation and use of scarce resources, including frequencies, numbers 
and rights of way, will be carried out in an objective, timely, transparent and non-discriminatory manner.  The current state of allocated frequency bands will be made publicly 
available, but detailed identification of freque ncies allocated for specific government uses is 
not required. 
  
  WT/ACC/SPEC/CGR/2/Rev.1 
Page 32 List of Article II MFN Exemptions of the Republic of Montenegro  
 
Sector or sub-sector Description of measure indicating its inconsistency with Article 
II Countries to which 
the measure applies Intended duration Conditions creating the need 
for the exemption 
Real estate  
All sectors A foreign legal or natural person may acquire ownership of real 
property in Montenegro for a personal residence or business purpose, provided the reciprocity requirement is met. All countries Indefinite Legal system reasons. 
Legal services Legal services (advocacy) may be provided by person who is 
inscribed in the register of la wyers. One of conditions for the 
inscription in the register is to be a citizen of Serbia and Montenegro. Exceptionally, foreign person who fulfil conditions 
for inscription in the register of lawyers in his/her country, may 
be inscribed in the register of lawyers in Montenegro subject to 
reciprocity.   
Lawyer-foreign person, who is not inscribed in the register of 
lawyers in Montenegro, can prov ide advocacy services at the 
territory of Montenegro subject to reciprocity.  All countries Indefinite Reciprocal coordination of 
the legal profession within 
the overall regional development of judicial and 
administrative institutions.  
 
Audiovisual services 
 
- Distribution of 
audiovisual works Redressive duties which may be imposed in order to respond to 
unfair pricing practices, by certain foreign distributors of 
audiovisual works.  All Members Indefinite Unfair pricing practices may 
cause serious disruption to 
the distribution of 
Montenegrin works. 
Audiovisual services Measures taken to pr event, correct or counterbalance adverse, 
unfair or unreasonable conditions or actions affecting Montenegro audiovisual services, products or service providers, 
in response to corresponding or comparable actions taken by 
other Members.   
 All Members Indefinite 
The need for exemption will lapse 
together with 
corresponding exemption from 
other Members. Need to protect the 
Montenegro from adverse, unfair or unreasonable 
unilateral actions from other 
Members
. 
 
- Production and 
distribution of audiovisual works 
through broadcasting or 
other forms of transmission to the 
public. Measures which define works of European origin, in such a way 
as to extend national treatment to audiovisual works which meet certain linguistic and origin criteria regarding access to 
broadcasting or similar forms of transmission. 
 Parties to the Council 
of Europe Convention on 
Transfrontier 
Television or other European countries 
with whom an 
agreement may be concluded. Indefinite. 
Exemption needed, for certain countries, 
only until an 
economic integration agreement is 
concluded or 
completed. The measures aim, within the 
sector, to promote cultural values in Europe, as well as 
achieving linguistic policy 
objectives.  
 
- Production and 
distribution of 
cinematographic works 
and television 
programmes Measures based upon government-to-government framework 
agreements, and plurilateral ag reements, on co-production of 
audiovisual works, which confer National Treatment to 
audiovisual works covered by these agreements, in particular in 
relation to distribution and access to funding.  All countries with 
whom cultural 
cooperation may be 
desirable 
(agreements already exist, or are being Indefinite The aim of these agreements 
is to promote cultural links 
between the countries 
concerned.  
   WT/ACC/SPEC/CGR/2/Rev.1
 Page 33Sector or sub-sector Description of measure indicating its inconsistency with Article 
II Countries to which 
the measure applies Intended duration Conditions creating the need 
for the exemption 
negotiated, with the following countries:  
Algeria, Angola, 
Argentina, Australia, Brazil, Burkina Faso, 
Canada, Cape Verde, 
Chile, Côte d'Ivoire, Colombia, Cuba, 
Egypt, Guinea 
Bissau, India, Israel, Mali, Mexico, 
Morocco, 
Mozambique, New Zealand, São Tomé e 
Principe, Senegal, 
States in Central, Eastern and South-
Eastern Europe, 
Switzerland, Tunisia, 
Turkey, Venezuela). 
- Production and 
distribution of television programmes and 
cinematographic works Measures granting the benefit of any support programmes (such 
as Action Plan for Advanced Television Services, MEDIA or EURIMAGES) to audiovisual wo rks, and suppliers of such 
works, meeting certain Eu ropean origin criteria. European countries. Indefinite. 
Exemption needed, for certain countries, 
only until an 
economic integration agreement is 
concluded or 
completed. These programmes aim at 
preserving and promoting the regional identity of countries 
within Europe which have 
long-standing cultural links. 
Road transport services Road tr ansport licenses are issued subject to reciproc ity. All countries. Indefinite International prac tice.  
  WT/ACC/SPEC/CGR/2/Rev.1 
Page 34 Sector or sub-sector Description of measure indicating its inconsistency with Article 
II Countries to which 
the measure applies Intended duration Conditions creating the need 
for the exemption 
- Passenger and Freight  Measures applie d under existing or future agreement on 
international road transport and which reserve or limit the 
provision of transport services an d the establishment of transport 
operators, and specify operating conditions, including transit permits, licenses and/or preferen tial road taxes of transport 
services into, in, across and out of Montenegro to the parties 
concerned.  
Provisions in existing or future agreements on international road 
haulage (including combined transport - road/rail) and passenger transport, concluded by Montenegro, which: 
 
- reserve or limit the provision of a transport service between 
the contracting parties or across the territory of the 
contracting parties to vehi cles registered in each 
contracting party; 
- provide for tax exemption for such vehicles. All countries with 
which agreements 
are or will be in 
force. Indefinite The need for exemption is 
linked to the region 
characteristics of the road 
transport services and to the necessity to regulate traffic 
rights in the across the 
territory of Montenegro and between Montenegro and the 
countries concerned.  
Selling marketing and computer Reservations 
systems of air transport 
services The obligations of Montenegrin CRS system vendors or of 
Montenegrin parent and participating air carriers shall not apply, 
respectively, in respect of foreign parent carriers or of CRS 
controlled by foreign air carriers to the extent that their CRS 
outside Montenegro does not offer national treatment to Montenegrin air carriers or to Montenegrin parent and 
participating air carriers .  All countries where a 
CRS system vendor 
or a parent air carrier 
is located. Indefinite The need for the exemption 
results from the insufficient 
development of multilaterally 
agreed rules for the operation 
of CRS. 
All sectors Measures based on bilateral agreements concluded by 
Montenegro with the objective of providing for the movement of all categories of natural persons supplying services. 
 Regional countries. Indefin ite The agreements reflect a 
process of progressive trade liberalisation between 
Montenegro and its regional 
trading partners. 
 
 
__________