RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/CGR/24 
6 June 2007 
 (07-2352) 
Working Party on the 
Accession of Montenegro Original:   English 
 
 
 
ACCESSION OF MONTENEGRO 
 
Additional Questions and Replies  
 
 
 The following submission, dated 31 May 2007, is  being circulated at the request of the 
Delegation of the Republic of Montenegro.   
_______________ 
  WT/ACC/CGR/24 
 Page iii 
 
 
  TABLE OF CONTENTS 
 
 
II.  ECONOMY, ECONOMIC POLICIES AND FOREIGN TRADE ......................................1  
1. Economy ........................................................................................................................ ............1  
(b) Current economic situation..................................................................................................... .1 
IV.  POLICIES AFFECTING TRADE IN GOODS .....................................................................1  
1.  Import Regulation.............................................................................................................. .......1  
(f)  Import licensing procedures .................................................................................................... 1 
(h)  Customs valuation.............................................................................................................. .......2  
3.  Internal policies affecting foreign trade in goods...................................................................2  
(b)  Technical regulations and standards ......................................................................................2  
(c)       Sanitary and phytosanitary measures.....................................................................................4  
V.  TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.........................................7   WT/ACC/CGR/24 
 Page 1 
 
 
 II.  ECONOMY, ECONOMIC POLICIES AND FOREIGN TRADE 
1. Economy (b) Current economic situation Question 1 What provisions will be in place to regulate  private monopolies once state-owned monopolies 
have been privatised? 
Answer: 
 
The Law "On Protection of Competition" (RM OG No. 69/05) regulates monopolies, whether state 
owned or private.  The Law governs forbidden agreements, abuse of the dominant position and 
mergers (this law can be obtained through document WT/ACC/CGR/24/Add.1). 
Question 2 Please provide an updated list of companies with each company's area of commercial or public 
operation, and the extent to which they have production, trade, or internal distribution monopolies.  
Answer: 
 
Montenegro does not have any companies with production, trade, or internal monopolies.  
Question 3 
Please provide a more precise time frame for the implementation of the Law on Foreign 
Investment.  
Answer:  
The draft Law "On Amendments and Modifications of the Law 'On Foreign Investment'" was passed 
by the Parliament on 29 May 2007.  
IV.  POLICIES AFFECTING TRADE IN GOODS 
1.  Import Regulation (f)  Import licensing procedures Question 4 
Could Montenegro provide an updated list of good s that are subject to licensing procedures? 
Answer: 
 
Montenegro is currently working on amendments  of the Decision on Control List of Goods for 
Export, Import and Transit which contains all goods that are on the licensing regime.  We will submit 
the revised Decision prior to th e next Working Party meeting. WT/ACC/CGR/24 
Page 2  
 
 (h)  Customs valuation 
Question 5 According to the replies of the Montenegro authorities, they have not yet included all 
Interpretative Notes to the WTO Customs Valuatio n Agreement in their legislation.  When will 
a copy of the legislation incorporating all Interpretative Notes be available?  
Answer: 
 
The question refers to a document submitted by Serbia, not Montenegro.  Montenegrin customs 
legislation includes all the Interpretive Notes. 
3.  Internal policies affecting foreign trade in goods 
(b)  Technical regulations and standards 
Question 6 
Articles 2.8 to 2.12 of the TBT Agreement are no t currently covered by the legislation.  Please 
provide a detailed plan of action for integrat ing these Articles into domestic legislation. 
Answer:  
A re-drafted Law "On Technical Regulations", in cluding all these items, is under review by the 
Government.  An advanced draft will be provide d prior to the next Working Party Meeting. 
Question 7 
The reference to international standards being the base for technical regulations, standards and 
conformity assessment procedures are not suffi ciently clear.  Could Montenegro provide a 
stronger commitment (see references cited in document WT/ACC/CGR/20 page 6)? 
Answer:  
This has been done in the re-drafted Law "O n Technical Regulations" mentioned above.   
Question 8 
In Article 15, last paragraph, of the Law on Technical Requirements for Products and 
Conformity Assessment of Products with Pres cribed Requirements, is an appeal possible? 
Answer:  
This has been provided in the re-drafted La w "On Technical Regulations" mentioned above.  
Question 9 
In Articles 11 and 18 of the Law on Technical Requirements for Products, the different 
conformity assessment procedures are not clearly separated (Self Declaration and Third Party 
Certification).  These articles give the impression that certificates of conformity are always given by a third party (at least if declaration of  conformity is included in the definition of 
certificate of conformity).  Could Montenegro clarify?  WT/ACC/CGR/24 
 Page 3 
 
 
 Answer:  
This has been done in the re-drafted Law "O n Technical Regulations" mentioned above.   
Question 10 
Please clarify what Article 8 paragraph 2 of th e Law on Technical Requirements for Products 
means.  Is there always a possibility to prove the conformity of a product with relevant technical 
regulations by other means than using standards?    
Answer:  
The re-drafted Law "On Technical Regulations" mentioned above clarifies this point. 
Question 11 
In the Decree on Manner of Authorizing Conformity Assessment Bodies, please clarify what 
Article 3.6 means.  
Answer:  
A revision of the subject Article will make this clear. 
Question 12 
Article 7 of the Decree on Manner of Authorizing Conformity Assessment Bodies, together with 
the related Article 3.6, implies that the techni cal competence of a conformity assessment body 
can be proven by three different means: by an accreditation certificate, by a report on competence from another equally significant pr ocedure or by evidence which is in accordance 
with the regulations issued by the Accreditation Bo dy.  What is meant by the two last mentioned 
means of proving competence?  How do they diff er?  Could Montenegro provide any examples?  
Does Article 4 item 3 of the Law on Technical Requirements for Products mean that technical 
regulations in question cease to apply even  if they are not formally repealed?  
Answer: 
 
No.  A technical regulation that is no longer appr opriate must be repealed .  The re-drafted Law 
"On Technical Regulations" menti oned above clarifies this point. 
Question 13 
On page 7 under commitment (g) of document WT/ACC/CGR/20, the second part of the answer 
relating to Article 6 of the Law on Technica l Requirements for Products:  how is a non-
discriminatory and cost-based f ee structure ensured by applying Article 6 of the Law?  
Answer:  
Articles 13 and 21 of the re-drafted Law "On Tec hnical Regulations" menti oned above make it clear 
that fees shall be non-discriminatory and cost-based. WT/ACC/CGR/24 
Page 4  
 
 (c)    Sanitary and phytosanitary measures 
Question 14 Please provide an update and timeframe for enacting the Draft Law on Food Safety. 
Answer: 
 
The draft Food Safety Law is in inter-ministerial revi ew procedure; it is expected that this Law will be 
passed by the end of June.  
Question 15 
The establishment of a single contact point fo r information is important for the effective 
operation of notifications.  Please clarify which authority will become the single Enquiry Point and the timeframe for adopting a regulation to  govern its establishment, responsibilities and 
manner of functioning. 
Answer: 
 
The SPS Enquiry Point will be in the Ministry for Agriculture, Forestry and Water Supply.  Its 
establishment is expected by the end of June.  
Question 16 
The importance of transparency is mentioned in the Veterinary Law, but not in the case of the 
Law of Plant Protection and the Draft Law on Food Safety in which the language on transparency is vague.  How will Montenegro  ensure that the provisions foreseen in these two 
laws will comply with tr ansparency requirements? 
Answer: 
 
We will include appropriate language on transparen cy in the draft Food Safety Law, which is 
currently under review.  The Law "On Plant Hea lth Protection" prescribes in Article 5 that the 
administrative authority in charge for plant protec tion is in charge, among other, for implementation 
of international conventions, contracts and treatie s related to plant health care.  That includes 
respecting provisions of the SPS Agreement as well.   Montenegro is currently in process of 
establishing its SPS Enquiry Point which will be in charge for notifying new proposed phytosanitary 
measures and all other activities as set in the SPS Agreement.  
Question 17 
Montenegro states that "when scientific evidence need ed for risk assessment is insufficient, or in 
urgent circumstances…, sanitary measures are prepared based on available relevant information…".  Please provide concrete examples  of sanitary standards or guidelines already 
taken in Montenegro required by urgent circu mstances.  Currently, what are the main 
standards already in place to fulfil animal, pl ant health, safety provisions?  What are the 
current standards in general – are they close to  EU or international norms and limits?  Who 
carries out the scientific evaluation needed  to set up specific standards or norms?  WT/ACC/CGR/24 
 Page 5 
 
 
 Answer:  
Please note that you are referring to the draft Food Safety Law which is still under review.  The draft 
Food Safety Law will introduce the risk assessment procedure, which does not exist under current 
legislation, therefore there are no examples of that sort at the moment.  
Question 18 
Does Montenegro send representati ves to meetings or congress organized by OIE, CODEX or 
IPPC? Does Montenegro participate regularly in  Working Groups at international level? 
Answer:  
Montenegro sends representatives to meetings or  congresses organized by OIE, Codex and IPPC.  
Furthermore, Montenegro sent an official request fo r membership to the OIE in November 2006.  It is 
expected that the OIE will decide about that requ est on its regular meeting to be held in late 
May 2007.  The Director of the Veterinary Administration of Montenegro participates in OIE meetings, but without voting right.  Montenegro is waiting for its membership in FAO, which is the 
precondition for the membership in Codex Alimentarius.  Montenegro has its focal point for IPPC, 
and participates in its meetings , but still without voting right.  
Question 19 "The draft Law on Food Safety prescribes that  sanitary measures in another country are 
considered equivalent and are consequently accepted,  if the other country shows in an objective 
manner that its measures achieve the required level of health protection".  Please provide 
concrete examples of equivalent measures al ready exchanged with other countries. 
Answer: 
 
Please note that you are referring to the draft Food Safety Law which is still under review.  The draft 
Food Safety Law will introduce the principle of equi valence in accordance wi th the SPS Agreement.  
However, as this principle does not exist under current legislation, there are no examples of that sort 
at the moment.  
Question 20 
Please provide a concrete example of risk assessme nt recently performed in each of the three 
sectors:  animal health, plant health and food sa fety.  In particular, how is the risk assessment, 
risk management and risk communication coordinated in practice?  
Answer:  
Please note that you are referring to the draft Food Safety Law which is still under review.  The draft 
Food Safety Law will introduce the risk assessment procedure (including risk management and risk 
communication), which does not exist under current le gislation.  Therefore there are no examples of 
that sort at the moment.  
Question 21 
"…special attention shall be ensured to provide  that sanitary measures are adapted to the 
sanitary or characteristics of the areas…". Ar e regional conditions in line with the concept WT/ACC/CGR/24 
Page 6  
 
 defined by the three international bodies (OIE , CODEX and IPPC)?  Please provide examples 
of what is meant by regional conditions. 
Answer: 
 
Please note that you are referring to the draft Food Safety Law which is still under review.  The draft 
Food Safety Law will introduce the concept of  regional conditions in accordance with the 
SPS Agreement.  The concept will be applied consiste ntly with the way it is defined by the three 
international organizations me ntioned in your question. 
Question 22 
Article 5 of the Law on Plant Health Protection prescribes "non-discrimination obligation 
between foreign and domestic producers".  Plea se provide details, with examples, on how the 
Border Inspection Posts and domestic market in spections operate in order to respect the 
provisions of non-discrimination.  Do insp ections follow international standards? 
Answer:  
The Law "On Plant Health Protection" prescribes in Article 5 that the administrative authority in 
charge for plant protection is in charge of implem entation of international conventions, contracts and 
treaties related to plant health care.  Since all international conventions in this area include the 
principle of non-discrimination, phytosanitary insp ectors do not apply any discriminatory measures. 
Border inspection posts and domestic market inspec tions respect the principle of non-discrimination 
by applying laws equally to all ope rators, regardless of their nationalit y.  Please have in mind that we 
sent all laws governing foreign trade for WTO revi ew and we don’t have any provision that is 
discriminatory for foreign persons.   
Question 23 Do phytosanitary and animal product inspec tors at Border Inspection Posts work with 
customs?  Can Montenegro please provide deta ils of the inspection equipment used, who is 
responsible for testing the products and costs of  inspection?  Does a ma nual of procedures exist 
that describes all the steps available to inspectors? 
Answer: 
 
Yes, they do.  Inspection equipment used at the border is genera lly speaking very simple equipment, including 
lenses and simple equipment for sampling.  More invol ved testing is not done at  the border, but rather 
on samples taken at the border and sent to central testing laboratories.   
The cost of inspection is prescribed in different d ecrees.  We have provided  the Decision on the Level 
of Compensation for Veterinary-Sanitary Control in  the Trade Across the Border of the Republic of 
Montenegro (RM OG No. 50/05), which contains in deta ils fees paid for various veterinary controls at 
the border, for review by the Working Party.  
Every inspection service has a rulebook that is based  on the particular law it administers (Plant 
Protection Law, Veterinary Law, or Law "On Sani tary Inspection"), which describes in detail the 
inspection procedures, including controls and sampling methods, that are to be used.   WT/ACC/CGR/24 
 Page 7 
 
 
 V.  TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
Question 24 Please provide more details on implementation  and enforcement procedures in the area of 
intellectual property. 
Answer: 
 
After the declaration of independence of the Re public of Montenegro and the dissolution of the 
former State Union of Serbia and Montenegro, Mo ntenegro has continued,  in accordance with the 
Declaration of Independence, to use and enforce a number of formerly common laws as their own, 
including substantive intellectual pr operty laws.  These are the following: 
- The Law on Copyright and Related Rights; 
- The Patent Law; 
- The Trademark Law; 
- The Law on Legal Protection of Designs; 
- The Law on Indications of Geographical Origin; and 
- The Law on Protection of Topographies of Integrated Circuits. 
These laws also provide for civil protection of intellectual property rights, including provisional 
measures ordered inaudita altera parte  and pre-established damages. 
Penal protection of IP rights is provided by th e Penal Code (amendments to include IPR related 
criminal offences published in the RM Official Gazette No. 47/06). 
Enforcement of substantive IP laws is regulated by the Law on Enforcement of the Legislation that 
Regulates Protection of Intellectual Property Rights (RM Official Gazette  No. 45/05). 
The Law "On Optical Discs" (RM Official Gazette No. 02/07) regulates the production of optical 
disks, registration of the business activity of reproducing optical disks for commercial purposes, provides for control of optical disk imports and exports and imports and exports of polycarbonates 
(the material used in production of optical di sks) and production equipment for the production of 
optical disks 
Regulation "On Actions Of The Customs Authority Applicable to Goods Suspected of Infringement 
of Intellectual Property Rights (Regulation on IP Bord er Measures)" published in RM Official Gazette 
No. 25/05 provides for the powers of customs authority  to act both ex officio and upon the request of 
the right holder in case of infringing goods placed in any of the customs procedures. 
The draft Law "On Protection of Plant Varieties" , compliant with UPOV Law convention has been 
prepared and placed in the approval procedure. 
__________