PRESENTATION OF MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 27 – Environment Bilateral screening: Chapter 27 PRESENTATION OF MONTENEGRO Brussels, 18-22 March 2013

Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment Igor Jovanovic Senior Adviser Ministry of Sustainable Development and Tourism igor.jovanovic@mrt.gov.me M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

Chapter 27: ENVIRONMENT AND CLIMATE CHANGE CONTENT: Transposition of the Directive Plan for Competencies Analysis of implementation costs  Administrative capacities and penalty provisions Challenge   M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Chapter 27: ENVIRONMENT

Transposition of the Directive Chapter 27: Environment and Climate Change Chapter 27: Environment Transposition of the Directive Provisions of 2011/65/EU will be transferred into national legislation by amendments to the Law on Waste Management and Decree on limit values ​​of hazardous substances in electrical and electronic equipment On the basis of the table of compliance about 5% of the provisions of this Directive have been transposed for now (only draft Decree). Adoption of the Law and Decree is planned in 2014. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Chapter 27: ENVIRONMENT

Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Plan for Competences Ministry of Sustainable Development and Tourism conducts activities to prepare: The Decree on limit values ​​of hazardous substances in electrical and electronic equipment and harmonization of this piece of legislation with the Directive 2011/65/EU on the restriction of use of certain hazardous substances in electrical and electronic equipment. In cooperation with the Secretariat for Legislation of the Government of Montenegro for now the legal basis has been established for drafting the Decree in Article 23, paragraph 4 of the Law on the Environment ("Official Gazette of Montenegro", No. 40/11).   M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Chapter 27: ENVIRONMENT

Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Plan for Competences Starting from the result of analysis of implementation of the Law on Waste Management (“Official Gazette of Montenegro”, 64/11), and the fact that the National Waste Management Plan for the period 2013-2018 is in the drafting process, for which it is necessary to establish strategic directions as the basis of the, the necessity was recognized to slightly amend the Law on Waste Management. It is important to point out that, when the conditions are created for preparing a proposal for the Law amending the Law on Waste Management, this regulation will constitute the basis for drafting a by-law which will transpose the provisions of this Directive to the legal framework of Montenegro.   M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Chapter 27: ENVIRONMENT

Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Plan for Competences For the implementation of the provisions of this Directive, which will partly be transposed into the law, with the other part being transposed through the said by-law, its is estimated that it would be most expedient to have market inspectors supervise its implementation.   M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Chapter 27: ENVIRONMENT

Analysis of Implementation Costs Chapter 27: Environment and Climate Change Chapter 27: Environment Analysis of Implementation Costs    A cost analysis will be done on the basis of a model which is characterized by two components: Increasing restrictions on the issue of the introduction of certain substances and matter. Manufacturers (Distributors) are encouraged to alter products and accept the restriction measures Advantage: higher selection of waste; Risk: higher price of products Source: Handbook on the Implementation of EC Environmental Legislation   M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Chapter 27: ENVIRONMENT

Administrative Capacities and Penalty Provisions Chapter 27: Environment and Climate Change Chapter 27: Environment Administrative Capacities and Penalty Provisions      Employees of the: Ministry of Sustainable Development and Tourism Ministry of Economy Market Inspection Penalty measures will be specified by the Law amending the Law on Waste Management.   M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Chapter 27: ENVIRONMENT

Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Challenges       In relation to the implementation of this Directive, the challenge is to ensure an effective inspection.   M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Chapter 27: ENVIRONMENT

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