MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 1 – Free movement of goods Bilateral screening: Chapter 1 PRESENTATION OF MONTENEGRO Brussels, 5 March 2013

Working Group for Chapter 1 – Free movement of goods Bilateral screening: Chapter 1 Presentation of Montenegro Brussels, 5 Match 2013 MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Nusret Canović advisor Ministry of Traffic and Maritime Affairs AUTOMOTIVE TECHNICAL REQUIREMENTS Directive 97 / 68 Directive 2002/24 Directive 2003/37 Directive 2007/46 Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union CURRENT STATUS  There is no vehicles production nor spare parts for cars and related components in Montenegro.  All vehicles on the market, in use, encourage imports from abroad, whether it is used or new vehicles.  Motor vehicles and trailers that are imported or put on the market in Montenegro for the first time, as well as their parts, tools and equipment, according to their structural and security features must be in compliance with the technical requirements and conditions (Law on Road Traffic Safety ar. 244). Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union LEGAL FRAMEWORK  UNECE 1958 agreement (49 EC Regulations ).  Decisions about conditions that must be fulfilled for the used cars imported into Montenegro in (Law on Foreign Trade).  By-law on the manner of verification of the fulfillment of conditions, the form and content of certificates and fees for used vehicles imported in (Law on Public Administration).  Decision relating to the vehicle M and N categories (according to the Classification of United Nations Economic Commission for Europe UN/ ECE). Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union LEGAL FRAMEWORK  Vehicles imported into Montenegro must fullfil safety and technical requirements, and requirements for environmental protection and human health.  Checking and approval of the vehicle includes audit documentation and vehicle inspections in terms of safety and technical conditions and requirements of environmental protection and human health.  Safety and technical requirements, in Article 3 hereof, shall be fulfilled if the elements of active, passive and general safety of vehicles meet the requirements of the Rules of the United Nations Economic Commission for Europe (hereinafter: UN/ESE rules) in the basic form (series 00 with changes and amendments), and the corresponding directives of the European Union (hereinafter: referred to as the EEC/EC Directive). Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union LEGAL FRAMEWORK  Requirements for environmental protection and human health, in Article 3 of this Decision shall be fulfilled if the motor vehicle is equipped with a minimum of EURO 3, factory production, or if: Vehicle exhaust emissions categories M and N satisfy the limits defined in Regulation UN / SE No. 83, series of amendments 05, Level A, Directive 70/220/EES 9 and amendments 98/69/ES, level A, and Regulation No. 49 Series amendment 03, level A, Directive 88/77/EES and amendments 1999/96/ES, level A, Noise vehicle categories M and N satisfy the limits defined in Regulation UN/ESE No. 51 series of amendments 02 and Directive 70/157/EES ​​with amendments 96/20/EES. Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union LEGAL FRAMEWORK  Checking and approval of the vehicle includes audit documentation and vehicle inspections in terms of safety and technical conditions and requirements of environmental protection and human health, performed by a company, or an institution that fulfill the requirements set by the Ministry.  For vehicles that fulfill the requirements of the decision shall be issued a certificate of homologation and environmental safety for used vehicles.  Exemptions from the checking and approval process. Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union CURRENT ACTIVITIES  Establish a national system of vehicle homologation: new vehicles used vehicles Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union LEGAL FRAMEWORK  Law on road traffic safety in  Law on technical requirements for products and conformity assessment in  Law on Road Traffic Safety, Article 244, 245 and 246 ⤇ “By- law on technical requirements and conditions for vehicles and their parts and accessories, that are imported or put on the market in Montenegro for the first time and the conditions that must be met for a company or an institution for checking and approval process.  By-law is in the preparation procedure and in the Ministry’s agenda planned for the third quarter of this year. Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union HOMOLOGATION  Homologation is the identification and verification of compliance of constructive-vehicle safety features of its parts and equipment, in order to fulfill the requirements of compliance with the technical requirements and regulations (Law on Road Traffic Safety ar. 244).  Vehicle homologation shall be conducted as: Homologation of a vehicle type-type approval, Homologation of individually vehicle-individual approval. Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union HOMOLOGATION OF A VEHICLE TYPE-TYPE APPROVAL  Homologation of a vehicle type is implementing for new vehicles which are serially produced and imported for the sale on the territory of Montenegro.  Homologation of a vehicle type shall also apply to mass- produced vehicle in Montenegro, if the subject is a series of more than (10) vehicles.  Type approval certificate. Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union HOMOLOGATION OF INDIVIDUALLY VEHICLE- INDIVIDUAL APPROVAL  Homologation of individually vehicle applies for new vehicles, which supplier individually imported for sale or for their own purposes.  Homologation of individually vehicle shall also apply to imports of used vehicles.  Individual approval certificate.  Homologation of individually vehicle shall also apply to vehicles that are using the customs or other regulations were suspended or abandoned in favor of the state, in the event of their being placed on the market or their registration after free allocation by state authorities. Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union HOMOLOGATION PROCEDURE-TYPE APPROVAL PROCEDURE  Homologation procedure is performing checks of vehicles, their parts and equipment that includes a audit(review) of documents, inspection of vehicles, their parts and accessories: Audit of the documentation includes verification of compliance of technical data and verifications the vehicle manufacturer evidence on the conformity of parts and equipment of the vehicle with the terms of this by-low. Vehicle inspection is a review of homologation-approval marks on parts of vehicles and equipment as well as verification of measurable parameters of the vehicle as needed and mark important to vehicle identification (VIN marks, engines marks, etc.). Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union HOMOLOGATION PROCEDURE-TYPE APPROVAL PROCEDURE  Administrative and technical affairs in the area of homologation: organizations selected to perform administrative tasks, technical services, specialized laboratories for testing in the area of the homologation. Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union EXCEPTIONS  Homologation does not apply to: 1)Vehicles imported for diplomatic and consular missions and missions of other countries, as well as representative offices of international organizations in Montenegro, which will carry a license plate for the vehicle in accordance with this Law; 2)Car of museum value and old vehicles (old-timer); 3)Vehicles that were produced for the European market or previously registered in the countries of the European Union, which are imported for the relocation of individuals who are continuously resided abroad for at least three years, under the condition that they or members of their households possessed or used at least one year before moving or return to Montenegro and import it within 12 months from the date of occupancy or return; 4)Vehicles that have not been produced for the European market, which in order for the relocation, imported individuals, in addition to the conditions referred to in Section 3 hereof, a meet the requirement that the devices for illuminating the road, marking the vehicle and giving light vehicles, comply with regulations governing the conditions to be met by vehicle traffic on the roads; 5)Vehicles by persons with permanent or temporary residence in Montenegro, acquired on the basis of final court decision on inheritance; 6)Fire vehicles; 7)Vehicles intended for military needs of the Army of Montenegro, except for commercial vehicles and passenger transport; 8)Working machinery. Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union EXCEPTIONS  The state administration body in charge of transport, may decide that the approval is not being implemented for special purposes vehicles.  Special purpose vehicles are considered vehicles: 1)that are specifically designed and intended for use on construction sites, quarries, harbors or airports, or not intended for movement on public roads; 2)donated to local authorities, state institutions or organizations involved in humanitarian or community service; 3)designed and intended for use at sporting events; 4)which, by its design parameters specifically customized for the transportation of persons with disabilities, with the prior consent of the state government in charge of health Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union NEXT STEPS IN ESTABLISHING A NATIONAL SYSTEM OF HOMOLOGATION-APPROVAL : 1.Motor vehicles on two or three wheels, 2.Tractors, 3.Non-road mobile machinery, 4.UN / ECE regulations, 5.WP. 29-working group within the UN/ECE responsible for the acceptance of a uniform technical requirements for vehicles, equipment and parts as well as the determination of the conditions for mutual recognition of homologation approval. Chapter 1: Free movement of goods

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