RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/SPEC/CGR/2/Rev.2 
19 June 2007 
 
 (07-2578) 
Working Party on the 
Accession of Montenegro Original:   English 
 
 
 
ACCESSION OF MONTENEGRO 
 
Offer on Specific Commitments in Services  
 
Revision  
  
 The following submission, dated 8 June 2007, is being circulated at the request of the Delegation of the Republic of Montenegro. 
 
 
_______________  
  WT/ACC/SPEC/CGR/2/Rev.2 
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
1.   
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 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.  
                                                      
1 Explanatory Note:  Public utilities exist in sectors such as re lated scientific and technical consulting services, R&D service s on social sciences and humanities, 
technical testing and analysis services, environmental services, health services, transport services and services auxiliary to all modes of transport.  Exclusive rights on such 
services are often granted to private operators, for instance ope rators with concessions from public authorities, subject to sp ecific service obligations.  Given that public utilities 
often also exist at the sub-central level, detailed and exhaustive sector-specific scheduling is not practical.  
   WT/ACC/SPEC/CGR/2/Rev.2
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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) Foreign persons may own real 
estate other than arable land in 
Montenegro provided that 
reciprocity requirement is met and that the real estate serves a business 
purpose.  Some areas of the country 
may be restricted for the ownership of foreign persons.   
  WT/ACC/SPEC/CGR/2/Rev.2 
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; and 
 - 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.2
 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.2 
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
2; 
- 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
3, 
(b) professional qualifications where 
this is required to exercise an activity in the sector concerned pursuant to 
the laws, regulations or requirements   
                                                      
2 The competent authorities in Montenegro must be able to estab lish that the contract has been awarded to that juridical person in accordance with the requirements set 
out in the procedure in question. 
3 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.2
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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 
title 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.2 
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 
1. BUSINESS SERVICES  
A. Professional Services 
(a) Legal services 
 - Consultancy on foreign and 
international law (part of CPC 861) (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) 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  
                                                      
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.2
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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 . 
B. Computer and Related Services  
- Computer and related services 
 (CPC 84) 
  Montenegro subscribes to the 
"Understanding on the 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  
C. 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  
D. 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  
E. Rental/Leasing Services 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.2 
Page 10 Modes of supply:  (1) Cross border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
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(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 - 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  
F. 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.2
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(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  
(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  
                                                      
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.2 
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Sector or sub-Sector Limitations on market access Li mitations on national treatment Additional commitments 
(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.2
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Sector or sub-Sector Limitations on market access Li mitations on national treatment Additional commitments 
2. COMMUNICATION SERVICES  
A. Postal services6  
B. 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 
packages10 
(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 ongoing, 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 transportati on 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.2 
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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.    
C. 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.2
 Page 15Modes of supply:  (1) Cross border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons 
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3. CONSTRUCTION AND RELATED ENGINEERING SERVICES  
A. General construction work for 
buildings 
 (CPC 512) B. General construction work for civil 
engineering 
 (CPC 513) C. Installation and assembly work 
 (CPC 514, 516) 
D. Building completion and finishing 
work 
 (CPC 517) E. 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  
4. DISTRIBUTION SERVICES 
A. Commission Agents' Services 
 (CPC 621, 61111, 6113, 6121) 
B. Wholesale Trade 
 (CPC 622, CPC 61111, 6113, 6121) 
C. Retailing Services  (CPC 631, 632, 61112, 6113, 6121, 
613) 
D. 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  
5. EDUCATIONAL SERVICES 
A. 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  
B. 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.2 
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C. 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  
D. 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  
6. ENVIRONMENTAL SERVICES  
A. Water for Human Use and Waste 
Water Management 
 (Waste Water services corresponds to 
Sewage Services) 
(CPC 9401) 
B. Solid/Hazardous Waste Management  - Refuse Disposal Services 
  (CPC 9402) 
 - Sanitation and Similar Services   (CPC 9403) 
C. Protection of Ambient Air and 
Climate 
 - Cleaning services of exhaust 
gases 
(CPC 9404) 
D. Remediation and Clean up of Soil and 
Waters 
 - Treatment, remediation of 
contaminated/polluted soil and 
water (part of CPC 9406) 
 Corresponds to parts of Nature and 
Landscape Protection Services 
E. Noise and Vibration Abatement 
 (CPC 9405) 
F. Protection of Biodiversity and 
Landscape 
 - Nature and landscape protection 
services (parts of CPC 9406 not covered under D) (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.2
 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 
7. FINANCIAL SERVICES 
- As a general rule and in a non-discriminatory manner, financia l institutions incorporated in Montenegro must adopt a specific  legal form. 
- The admission to the market of new financial products may be su bject to existence of, and consistency with, a regulatory fram ework aimed at achie ving the objectives 
indicated in Article 2(a) of the Annex on Financial Services. 
A. All Insurance and insurance - related services 
- Insurance company may not offer services of life and non-life insurance simultaneously.  Exceptionally insurance company prov iding life insurance services may provide 
non-life insurance such as insurance against accidents as well as voluntary health insurance to its  customers up to the level o f treatment costs. 
- Compulsory insurance can be provided only by insurance companies licensed in Montenegro and state funds. Compulsory insurance  implies obligatory insurance in traffic, 
collective insurance of employees against industrial accidents and obligatory pension and health insurance.  
i. Direct insurance (including co-insurance)  
(a) Life insurance (1) Unbound, except for provision of 
life insurance to foreign nationals 
where none 
(2) Unbound (3) None 
(4) Unbound, except as indicated in the 
horizontal section (1) None 
 
 
(2) Unbound (3) None 
(4) Unbound, except as indicated in the 
horizontal section  
(b) Non-life insurance (1) Unbound, except for insuring 
property of foreign nationals as well 
as insurance of risks relating to 
marine shipping and commercial aviation, above compulsory 
insurance, where none 
(2) Unbound (3) None 
(4) Unbound, except as indicated in the 
horizontal section (1) None 
 
 
  
 
(2) Unbound (3) None 
(4) Unbound, except as indicated in the 
horizontal section  
ii. Reinsurance and retrocession (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  
iii. Insurance intermediation, such as 
brokerage and agency (1) Unbound except for insurance 
services for which full commitments are taken under sub-sectors 
(i) and (ii) 
(2) Unbound (3) None 
(4) Unbound, except as indicated in the 
horizontal section (1) None 
  
 
(2) Unbound (3) None 
(4) Unbound, except as indicated in the 
horizontal section   
  WT/ACC/SPEC/CGR/2/Rev.2 
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 
iv. Services auxiliary to insurance (1) Unbound except for insurance 
services for which full commitments 
are taken under sub-sectors (i) and (ii). 
(2) Unbound 
(3) None (4) Unbound, except as indicated in the 
horizontal section (1) None 
 
  
(2) Unbound 
(3) None (4) Unbound, except as indicated in the 
horizontal section  
B. Banking and Other Financial Services  
One out of five members of the bank’s management board and at least two executive directors must speak official language in Mon tenegro and be resident in the Republic for the 
duration of the engagement. 
(v) Acceptance of deposits and other 
repayable funds from the public  (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) Lending of all types, consumer credit, 
mortgage credit, factoring and 
financing of commercial transaction  
(vii) Financial leasing  
(viii) All payment and money transmission 
services  
(ix) 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  
(x) Trading for own account or for 
account of customers on an exchange 
market the following: 
 
(a) money market instruments 
(cheques, bills, certificate of 
deposits, etc.); 
(b) foreign exchange; (c) derivative products (including, 
but not limited to,  futures and 
options); 
(d) exchange rate and interest rate 
instruments, such as swaps and 
forward rate agreements; 
(e) transferable securities; 
(f) other negotiable instruments 
and financial assets, such as (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.2
 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 
bullion. 
(xi) 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  
(xii) 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  
(xiii) Asset management, such as cash or 
portfolio management, all forms of 
collective investment management, custodial depositary and trust services (1)  The establishment of a specialised 
management company is required to 
perform the activities of management of unit trusts and 
investment companies. Only firms 
having their registered office in Montenegro can act as depositories 
of the assets of investment funds 
(2)  None (3)  The establishment of a specialised 
management company is required to 
perform the activities of management of unit trusts and 
investment companies. Only firms 
having their registered office in Montenegro can act as depositories 
of the assets of investment funds  
(4) Unbound, except as indicated in the 
horizontal section (1)  None  
 
  
 
  
 
(2)  None (3)  None  
 
  
 
  
 
(4)  Unbound, except as indicated in the 
horizontal section  
(xiv) Settlement and clearing 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  
(xv) 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.2 
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 
(xvi) 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  
8. HEALTH RELATED AND SOCIAL SERVICES   
A. Hospital services  
 (CPC 9311) 
B. 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  
9. TOURISM AND TRAVEL RELATED SERVICES  
A. 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  
B. 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  
C. 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  
10. RECREATIONAL, CULTURAL AND SPORTING SERVICES (other than audiovisual services) 
B. News agency services 
 (CPC 962) (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. 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.2
 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 
11. TRANSPORT SERVICES 
A. 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)  (a) Unbound          (b) Unbound, except as indicated in 
the horizontal section 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 Montenegro provided that this traffic remains within Montenegro's terri torial waters, and transportation 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 presence for the supply of intern ational maritime transport 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 invoici ng, 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 be half or their customers (and the 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 origin an d character of the goods 
transported; 
(d) the provision of business information by any means, including computerised information systems and electronic data interchange (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 personne l 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.2 
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 
(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 services17 (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
18 
(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 services19 
- Container station and depot 
services20 (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 "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. 
18  Public utility concession or licensing procedures may apply in case of occupation of the public domain. 
19 "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. 
20 "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.2
 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 
- Maritime agency services21 
- Maritime freight forwarding 
services22 (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. 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  
E. 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  
                                                      
21 "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. 
22 "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.2 
Page 24 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 
F. 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  
H. 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.2 
 Page 25 
 
 
  ANNEX I 
Understanding on the Scope of Coverage of  CPC 84 - Computer and Related Services  
 CPC 84 covers the basic functions used to provide all computer and related services: 
computer programs defined as the sets of instructions required to make computers work and 
communicate (including their development and impl ementation), data processing and storage, and 
related services, such as consu ltancy 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 com puting 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, t esting, debugging, updating, support, technical assistance, or 
management of or for computers or computer systems; 
− computer programs defined as the sets of instructions required to make computers work and 
communicate (in and of themselves), plus consulting, strategy, analysis, planning, 
specification, design, development, installati on, implementation, integration, testing, 
debugging, updating, adaptation, maintenance, support, 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 provi sion 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 core service that is being delivered 
electronically (e.g., banking). In such cases, the cont ent or core service is not covered by CPC 84.  WT/ACC/SPEC/CGR/2/Rev.2 
Page 26 
 
 
  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 c ourier 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-competitiv e 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.  WT/ACC/SPEC/CGR/2/Rev.2 
 Page 27 
 
 
  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 
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 for 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 licence will be made known to the applicant upon 
request and an appeal procedure through an indepe ndent body will be estab lished 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 pr ocedures used by the regulatory body will be 
impartial with respect to all market participants. 
III. EXPLANATORY NOTES  
A. What is a reference paper?   
 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).  
 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
23.  
B. Why a reference paper in postal and courier?  
 The postal and courier sector has some specific features :  
(a) importance of regulation;  (b) predominance of State-owned operators;  
                                                     
 
23 75 Members have undertaken the reference paper in its entirety, 5 others have only done so partly.  WT/ACC/SPEC/CGR/2/Rev.2 
Page 28 
 
 
  (c) tendency of the postal operators to  diversify their activities (finance, 
telecommunications, internet, express). 
 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. The possible contents of the reference paper
 
 This part describes each paragraph of the proposed reference paper.   
Scope 
 It is proposed to draft a reference pape r for the whole sector (postal and courier), 
including express delivery services.   
Definitions 
 The terms of "users" and "essential fac ilities", 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.  
 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 the paragraphs dedicated to universal service and licensing procedures.  The de finition of universal service is consistent 
with (and inspired by) the definition given at UPU level.  
Prevention of anti-competitive practices 
 This paragraph aims at preventing domi nant players from abusing their market 
power. It is substantially inspired by the para graph of the RPT.  However, the subsequent 
paragraph of the RPT, which describes exampl es of such anti-competitive practices, has not 
been included as a further analysis of the an ti-competitive practices specific to the postal and 
courier sector appears necessary.  
Universal service  
 Universal service is a key component of the postal sector for most Members.   The EC 
believes that this principle should be expressly mentioned in additional commitments rules.  
In particular, this paragraph confirms the po ssibility 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.   WT/ACC/SPEC/CGR/2/Rev.2 
 Page 29 
 
 
  Licensing criteria 
 This paragraph aims at giving operato rs minimal guarantees in the licensing 
procedures.  The wording of the RPT has been included, but mention of an appeal procedure 
has been added.  
 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 concerns that some countries might actually feel enticed by the reference paper 
to add new licensing procedures in activities where such procedures did not exist yet (in express delivery services notably).  
Independent regulators  
 This paragraph imposes the principle of an  independent regulator . The provisions of 
the RPT have broadly been included.  
D. Relations with UPU
 
 The question of the relation between rules la id 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.  
 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.2 
Page 30 
 
 
  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 telecommunications 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 materially affect the terms of 
participation (having regard to price a nd 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 suppliers 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.  WT/ACC/SPEC/CGR/2/Rev.2 
 Page 31 
 
 
  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. 
 (a) under not-discriminatory terms, conditi ons (including technical standards and 
specifications) and rates and of a quality no l ess 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, c onditions (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. WT/ACC/SPEC/CGR/2/Rev.2 
Page 32 
 
 
  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. 
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 s carce 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 speci fic government uses is 
not required.  
   WT/ACC/SPEC/CGR/2/Rev.2
 Page 33List 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 Apart from consultancy services, other legal 
services provided by "advokats" (lawyers inscribed 
in the Montenegrin Bar Registry)  may be provided 
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 prevent, correct or 
counterbalance adverse, unfair or unreasonable 
conditions or actions affecting Montenegro audiovisual services, products or service providers, 
in response to correspond ing 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 agreements, 
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 negotiated, with the 
following countries:  Algeria, 
Angola, Argentina, Australia, Brazil, Burkina Faso, Canada, 
Cape Verde, Chile, Côte d'Ivoire, 
Colombia, Cuba, Egypt, Guinea Indefinite. The aim of these agreements 
is to promote cultural links 
between the countries concerned. 
  
  WT/ACC/SPEC/CGR/2/Rev.2 
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 
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 works, and suppliers of such works, meeting certain European 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 transp ort licenses are issued subject to 
reciprocity. All countries. Indefinite. International practice. 
- Passenger and Freight  Measures app lied under existing or future agreement 
on international road transport and which reserve or limit the provision of transport services and the 
establishment of transport operators, and specify 
operating conditions, including transit permits, licenses and/or preferential 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/r ail) 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 
vehicles 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.   
   WT/ACC/SPEC/CGR/2/Rev.2
 Page 35Sector 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 
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. 
 
 
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