Nothing In this Agreement Shall Prevent the Parties from Taking Any Measures, Which It Considers Necessary:
a) to prevent the disclosure of information contrary to its essential security interests;
b) for the protection of its essential security interests or for the implementation of international obligations or national policies:
i) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods, materials and services as is carried on directly or indirectly for the purpose of supplying a military establishment; or
ii) relating to the non-proliferation of biological and chemical weapons, nuclear weapons or other nuclear explosive devices; or
iii) in time of war or other serious international tension constituting threat of war.
Article 31. General Exceptions
This Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in transit, justified on grounds of public morality, public policy or public security, the protection of health and life of humans, animals or plants and environment; the protection of domestic treasures possessing artistic, historic or archaeological value; the protection of intellectual, industrial and commercial property, or rules relating to gold or silver or the conservation of exhaustible natural resources, if such measures are made effective in conjunction with restrictions on domestic production or consumption. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Parties.
Article 32. Fulfillment of Obligations
1. The Parties shall take all necessary measures to ensure the achievement of the objectives of this Agreement and the fulfillment of their obligations under this Agreement.
2. If either Party considers that the other Party has failed to fulfill an obligation under this Agreement, the Party concerned may take the appropriate measures under the conditions and in accordance with the procedures laid down in Article 21 of this Agreement.
Article 33. Evolutionary Clause
1. Where either Party considers that it would be useful and in the interest of the economies of the Parties to develop the relations established by this Agreement by extending them to fields not covered thereby, it shall submit a reasoned request to the other Party. The Parties may instruct the Joint Committee to examine this request and, where appropriate, to make recommendations to them, particularly with a view to opening negotiations.
2. Agreements resulting from the procedure referred to in paragraph 1 will be subject to ratification or approval by the Parties to this Agreement in accordance with their national legislation.
Article 34. Amendments
Amendments to this Agreement, as well as to its Annexes and Protocols, shall enter into force on the date of receipt of the latter written notification through diplomatic channels, by which the Parties inform each other that all necessary requirements foreseen by their national legislation for the entry into force of this Agreement, have been fulfilled.
Article 35. Protocols and Annexes
Protocols and Annexes to this Agreement shall form an integral part thereof. The Joint Committee may decide to amend the Protocols and Annexes in accordance with the national legislation of the Parties.
Article 36. Validity and Withdrawal
1. This Agreement is concluded for an unlimited period.
2. Each Party to this Agreement may withdraw from this Agreement by a written notification to the other Party. The termination shall take effect on the first day of the seventh month following the date on which the notification was received by the other Party.
3. The Parties agree that, in case of accession of one of the Parties to this Agreement to the European Union, the Agreement will be terminated on the previous day before the date of the accession to the EU.
Article 37. Entry Into Force
The Parties shall ratify this Agreement in accordance with their own procedures. This Agreement shall enter into force on the first day of the second month, following the date of the receipt of the latter written notification through diplomatic channels, by which the Parties inform each other that all necessary requirements foreseen by their national legislation for the entry into force of this Agreement, have been fulfilled.
Conclusion
IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorised thereto, have signed this Agreement.
DONE at Istanbul, on 26th of October, 2008, in two originals, each in the Turkish, Montenegrin and English languages, all texts being equally authentic. In case of differences of interpretation, the English text shall prevail.
Kürsad TÜZMEN
Minister of State
For the Republic of Turkey
Branimir GVOZDENOVIC
Minister for Economic Development
For Montenegro