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In Accordance with Article 6 Paragraph 3 of the FT Law ("Official Gazette of RM", No

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In Accordance with Article 6 Paragraph 3 of the FT Law ( In accordance with Article 6 paragraph 3 of the FT Law ("Official Gazette of RM", No. 28/04), the Government of the Republic of Montenegro, at its meeting held on March 16, 2006, enacted this DECISION ON CONTROL LIST FOR EXPORT, IMPORT AND TRANSIT OF GOODS Article 1 The goods that are being exported, imported and goods in transit procedure, shall be classified into the forms of export, import and transit, specifically: free export, import and transit and export, import and transit based on a license. The goods referred to in paragraph 1 of this Article were identified in the Control List for Export, Import and Transit of Goods that has been printed together with this Decision and constitutes an integral part hereof (Exhibit 1). Article 2 In the Control List, the goods for which export, import and transit is based on a license, were designated by the abbreviation: “D”. The goods for which export, import and transit is based on a license designated by the abbreviation “D” and specific number, license is issued by following state authorities: - D1: the goods for which export, import and transit is based on a license issued by the state authority competent for protection of human health - D2: the goods for which export, import and transit is based on a license issued by the state authority competent for animal and plant health protection, if goods are imported, exported or in transit for veterinary or phyto-sanitary purposes - D3: the goods for which export, import and transit is based on a license issued by the state authority competent for environment protection - D4: the goods for which export, import and transit is based on a license issued by the state authority competent for culture. The goods for which export, import and transit is based on a license designated only by the abbreviation “D”, license is issued by the state authority competent for foreign trade. Technical regulations, which are condition for import of goods or for their release in circulation, are applied in accordance with provisions of the Law on Standardization (S&M OG No. 44/05), the Law on Accreditation (S&M OG No. 44/05), the Law on Metrology (S&M OG No. 44/05) and the Law on Technical Requirements for Products and Conformity Assessment of Products with such Requirements (S&M OG No. 44/05). The goods which are not listed in the Control List are on liberal regime of export, import and transit. Article 3 Narcotics and precursors for which export and import licenses are issued by the state authority competent for health protection, are included in the List of Narcotics and Psychotropic Substances and the List of Precursors that constitute integral parts of the Control List for Export, Import and Transit of Goods (Exhibit 2 and Exhibit 3). When clearing the goods included in the List of Narcotics, the customs authorities shall verify that such goods are being cleared in the customs office indicated in the license issued by the state authority competent for health protection. Article 4 The provisions of the Convention on Psychotropic Substances (SFRY OG International Agreements, No. 40/73), the Integrated Convention on Narcotics ("Official Gazette of SFRY" - Supplement, No. 2/64, amended – SFRY OG International Agreements, No. 3/78), the Law on Production and Circulation of Narcotics ("Official Gazette of FRY" Nos. 46/96 and 37/02), and the Law on Production and Circulation of Poisonous Substances (FRY OG, No.. 15/95, 28/96, and 37/02) shall apply to the issuance of export and import licenses referred to in Article 2, paragraph 2, of this Decision which are issued by the state authority competent for health protection. Article 5 List of the ozone depleting substances and products that contain the ozone depleting substances for which export and import licenses are issued by the state authority competent for environment protection is included in Exhibit 4 of the Control List for Export, Import and Transit of Goods, in accordance with the Law on Ratification of Vienna Convention for the Protection of the Ozone Layer (SFRY OG, International Agreements, No. 1/90), and the Law on Ratification of the Montreal Protocol on Substances that Deplete the Ozone Layer (SFRY OG, International Agreements, No. 16/90). In addition to the Conventions referred to in paragraph 1 of this Article, the provisions of the Law on Basic Principles of Environmental Protection (FRY OG No. 24/98) and the Law on Protection from Ionizing Radiation (FRY OG No. 46/96) shall apply to the issuance of license referred to in Article 2 paragraph 2 of this Decision, which are issued by the state authority competent for environment protection. Article 6 Licenses for import, export and transit of wastes are issued by the state authority competent for environment protection. Import of hazardous waste shall be forbidden. List of wastes the importation of which is forbidden or which export, import and transit is subject to licenses, is included in the Exhibit 5 of the Control List for Export, Import and Transit of Goods. Export, import and transit licenses for wastes are issued in accordance with provisions of the Law on Environmental Protection (RM OG No. 12/96), the Law on Basic Principles of Environmental Protection (FRY OG No. 24/98), the Law on Ratification of the Basel Convention on Transboundary Movement of the Hazardous Waste and their Disposal (FRY OG, International Agreements, No. 2/99) and Regulation on Documentation Submitted with the Request for Issuance of License for Export, Import and Transit of Wastes (FRY OG No. 69/99). Article 7 List of endangered wild plant and animal species for which export, import and transit licenses are issued in accordance with the Law on Ratification of the Convention on International Trade in Endangered Species of Wild Fauna and Flora - CITES (FRY, OG International Agreements, No. 11/01) is included in the Exhibit 6 of the Control List for Export, Import and Transit of Goods. Licenses referred to in paragraph 1 of this Article shall be issued by the state authority competent for environment protection. List of protected rare, rarefied, endemic and endangered plant and animal species for which export, import and transit licenses are issued in accordance with the Act on Protection of Rare, Endemic and Endangered Plant and Animal Species is included in the Exhibit 7 of the Control List for Export, Import and Transit of Goods. Licenses referred to in paragraph 3 of this Article shall be issued by the state authority competent for environment protection based on prior opinion issued by the state authority competent for protection of nature. Article 8 In implementation of this Decision, the classification of goods shall be made in accordance with the Law on Customs Tariff (RM OG, No. 75/05). Explanations with regard to the classification of goods in the Control List for Export, Import and Transit of Goods referred to in Article 1 paragraph 2 of this Decision, shall be provided, as required, by the state authority competent for foreign trade. Article 9 All rights granted by individual legal acts based on Decision on Control List for Export and Import of Goods (RM OG No. 44/04), which were not exercised entirely by the day this Decision enters into effect, may be exercised within the time limits set by such acts. Procedures that have been initiated before the day this Decision comes into effect shall be completed pursuant to the provisions in effect on the day this Decision came into effect. Article 10 On the day this Decision comes into effect, Decision on Control List for Export and Import of Goods (RM OG No. 44/04) shall cease to be effective. Article 11 This Decision shall come into force eight days after the day of its publishing in the "Official Gazette of the Republic of Montenegro", and shall be applied as of June 1, 2006. No: Podgorica, March 16, 2006. Government of the Republic of Montenegro Prime Miinister Milo Djukanovic CONTROL LIST FOR EXPORT, IMPORT AND TRANSIT OF GOODS EXHIBIT 1 LIST OF GOODS WITH MODES OF EXPORT AND IMPORT CHAPTER 26 ORES, SLAG AND ASH Tariff Mode WTO Tariff item Description number export import justification 1 2 3 4 5 6 26 12 Uranium or thorium ores and concentrates: 2612 10 - Uranium ores and concentrates: GATT Arts. XX (b), XXI (b); D3 D3 FT Law, Arts. - - Uranium ores and pitchblende, and concentrates thereof, with a uranium XX, 1) 2) 3), 2612 10 10 00 content of more than 5 % by weight (Euratom) and XXI, 3), 4) 2612 10 90 00 - - Other D3 D3 See above 2612 20 - Thorium ores and concentrates: - - Monazite; urano-thorianite and other thorium ores and concentrates, with D3 D3 See above 2612 20 10 00 a thorium content of more than 20 % by weight (Euratom) 2612 20 90 00 - - Other D3 D3 See above SECTION VI PRODUCTS OF THE CHEMICAL OR ALLIED INDUSTRIES CHAPTER 28 INORGANIC CHEMICALS; ORGANIC OR INORGANIC COMPOUNDS OF PRECIOUS METALS, OF RARE-EARTH METALS, OF RADIOACTIVE ELEMENTS OR OF ISOTOPES Tariff Mode WTO Tariff item Description number export import justification 1 2 3 4 5 6 GATT Art. XX (b); FT Law 5 2804 2804 80 00 00 - Arsenic D1 D1 Arts. XX 1) 3) and XXI 4) GATT Arts. XX (b), XXI (b); 28 44 Radioactive chemical elements and radioactive isotopes (including the fissile FT Law, Arts. or fertile chemical elements and isotopes) and their compounds; mixtures XX, 1) 2) 3), and residues containing these products: and XXI, 3), 4) - Natural uranium and its compounds; alloys, dispersions (including cermets), ceramic products and mixtures containing natural uranium or 2844 10 natural uranium compounds: - - Natural uranium: Tariff Mode
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