M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 28 – Consumer and Health Protection Bilateral screening: Chapter 28 PRESENTATION OF MONTENEGRO Brussels, April 2013

Chapter 28: Consumer and Health Protection SYSTEM FOR RAPID EXCHANGE OF INFORMATION ON DANGEROUS PRODUCTS Marina Radulović Advisor Administration for Inspectoral Affairs M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 28: CONSUMER AND HEALTH PROTECTION

Chapter 28 Consumer and Health Protection M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Contents  Relevant Acquis  National legislation  System functionalities /1  System functionalities /2  Contact point and RAPEX system  Challenges and planned activities Chapter 28: CONSUMER AND HEALTH PROTECTION

Chapter 28: Consumer and Health Protection M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Relevant acquis  Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety  Commission Decision 2010/15/EU of 16 December 2010 laying down guidelines for the management of the Community Rapid Information System (RAPEX) established under Article 12 and of the notification procedure established under Article 11 of Directive 2001/95/EC (Decision 2004/418/EC is repealed) Chapter 28: CONSUMER AND HEALTH PROTECTION

Chapter 28: Consumer and health protection M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union National Legislation  Law on General Product Safety (Off. Gazette of MNE, No. 48/08);  Decree on the manner to exchange information on products posing a risk (Off. Gazette of MNE, No.13/10);  Guideline on notification forms for products posing a risk (Off. Gazette of MNE, No.60/2010);  Rulebook on contents of the Notification on dangerous product (Off. Gazette of MNE, No.30/2010). Chapter 28: CONSUMER AND HEALTH PROTECTION

Chapter 28: Consumer and health protection M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 28: CONSUMER AND HEALTH PROTECTION Directive 2001/95/EC on general product safety Low on General Product Safety (Off. Gazette of MNE, No. 48/08) Decision 2004/418/EC of 29 April 2004 laying down guidelines for the management of the Community Rapid Information System (RAPEX) and for notifications presented in accordance with Article 11 of Directive 2001/95/EC Decree on the manner to exchange information on products posing a risk (Off. Gazette of MNE, No.13/10); Operational guide for Contact point and rapid alert system for exchange of information on dangerous product

Chapter 28: Consumer and health protection M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union System functionalities/ 1 The goal: Rapid exchange information of the products that pose risks Providing the safety market and high level of Consumer protection There were several undertaken activities in order to have the System Established the legal framework Defined the Contact Point of the System (Market Inspection) Defined the members of the System Educated staff / basic technical requirements provided Chapter 28: CONSUMER AND HEALTH PROTECTION

Chapter 28: Consumer and health protection M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union System Members Chapter 28: CONSUMER AND HEALTH PROTECTION Market Inspection– Contact Point Health-Sanitary Inspection Environmental Inspection Labor Inspection Phytosanitary Inspection, Inspection for electronic communications and postal services Meteorological Inspection Electricity inspection Inspection of thermo-energy Inspection of explosives, flammable materials, liquids & gases Inspection services under the competency of the Ministry of Transport Constrution inspection Customs Administration

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 28: Consumer and health protection Contact Point take measures and activities necessary for functioning of the system for rapid exchange of information consolidate and exchange information on dangerous products via the system for rapid exchange of information keep central records with the data on dangerous products prepare annual reports on work of the system for rapid exchange of information that the competent Ministry shall submit to the Government. Chapter 28: CONSUMER AND HEALTH PROTECTION

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 28: Consumer and health protection Chapter 28: CONSUMER AND HEALTH PROTECTION consolidate and exchange information on dangerous products via the system for rapid exchange of information When the Contact Point, on the basis of insight into the available international databases or databases of other states on dangerous products that present serious risk, suspects that such a product could be placed to the Montenegrin market, it shall immediately inform the competent inspectorate and the Customs Administration thereof. n; Market surveillance is organized by  information from a database of dangerous products (RAPEX system, etc..)  notification by the manufacturer / distributor  notification of Costumes Administration  reactive surveillance  proactive surveillance

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 28 Consumer and health protection: Chapter 28: CONSUMER AND HEALTH PROTECTION K keep central records with the data on dangerous products

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union maintaining continuous cooperation with contact persons of other members of the System and providing guidelines to remove eventual omissions in the work; providing and proposing conditions for operations and further development of the System; Chapter 28: Consumer and health protection Chapter 28: CONSUMER AND HEALTH PROTECTION take measures and activities necessary for functioning of the system for rapid exchange of information;

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union The report shall contain in particular: how many dangerous products have been found in Montenegrin market what measures have been taken The Reports of the System are available on the site of Market inspection Chapter 28: Consumer and health protection Chapter 28: CONSUMER AND HEALTH PROTECTION

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 28: Consumer and health protection Chapter 28: CONSUMER AND HEALTH PROTECTION Undertake activities and measures to determine whether the subject product is present anywhere else in the Montenegrin market, gather additional information and if necessary, perform additional assessment of risk degree The competent inspectorate informed Contact Point about the taken measures (Article 5 and 6 of Decree) The Customs Administration shall perform intensified control of products that are going through the customs and in case dangerous products are present, it shall take measures in accordance with the law. The Customs Administration shall immediately submit a notification to the Contact Point about the taken measures (Article. 7 Decree and article 15 Law on general product safety) System Functionalities /2 Contact point Contact point of competent authority Customs AdministrationCompetent authority

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Contact Point and RAPEX system Chapter 28: Consumer and health protection Overwiening the weekly RAPEX report 1 Assessment of the potential present of the dangerous product on the MNE market 2 The selection of the products from RAPEX report 3 Submitting the selected products to the contact persons and Customs Administration 4 Chapter 28: CONSUMER AND HEALTH PROTECTION System members are obliged to take activities and measures in line with Decree and to submit notification to the Contact Point.

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union year Helmet for motorcyclists – 1 type 17 pieces of helmets for motorcyclists were found on the market, after which controlled entity has been ordered to suspend further sales of the product, until overtaking the corrective measures Year Chapter 28: Consumer and health protection Chapter 28: CONSUMER AND HEALTH PROTECTION Found dangerous products from RAPEX System Stepladder – 1 type 14 pieces of stepladder, were found on the market after which controlled entity has been ordered to permanently suspend further sales products.

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 28: Consumer and health protection Chapter 28: CONSUMER AND HEALTH PROTECTION

Chapter 28: Consumer and health protection M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Challenges and planned activities  Enhancing of legislation Law on General Product Safety Decree on the manner to exchange information on products posing a risk  Improve IT software for national System for rapid exchange information of products that pose risks  Improve cooperation with Customs Administration  More seminars for staff (risk assessment, etc) Chapter 28: CONSUMER AND HEALTH PROTECTION

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