1. 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, 15-16 April 2013

2. Chapter 28: Consumer and Health Protection POSITION AND ROLE UNITS OF LOCAL-SELF GOVERNMENT IN CONSUMER PROTECTION SYSTEM OF MONTENEGRO - Action Plan on raising of level of the consumer protection in units of local-self governments Sanja Maslenjak Advisor The Ministry of Interior sanja.maslenjak@mup.gov.me 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

3. 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 Position and role of the Ministry of interior in the consumer protection system 1.By Regulation on the organization and operation of public administration Ministry of Interior - Department of Local self government is responsible for tasks related to the functioning of the system of local self-organization and scope of local government, the territorial organization of local self-monitoring and enforcement of the local government, international cooperation and with other international bodies. 1.2. Legal aspect of local-self government in Montenegro Constitution of Montenegro ("Official Gazette of Montenegro", No. 1/07), proscribes that guaranteed the right to local self-government (Article 22), the municipality has a legal personality (Article 115), the municipality in the exercise of their independent jurisdiction ( Article 117). Law on Local Self-Government ("Official Gazette of Montenegro", br.42/03, 28/04.75/05, 13/06. "Official Gazette of Montenegro", br.88/09) as a system of law in this area, provision of Article 32 Item 24 proscribes that the local governments provide conditions for the protection of consumers. The establish system of local-selg government functioning in line with Law on financing of local-self government, Law on Capital city, Law on Capital, Law on ratifyng European Charter of local-self government. The established system of local self-government in Montenegro is compliant with the European Charter of Local Self-Government and with adopted standards of European Union.

4. 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 Ministry of Internal affairs- Department of Local Government implements improving consumer protection in accordance with the Law on Local Self-Government and the implementation NPCP through the work of the National Commission for the monitoring and enforcement NPCP. 1.3. Characteristics system of local-self government in Montenegro In Montenegro, the local government on a new concept defined as the right and the ability of citizens and local communities within the limits established by law to regulate and manage certain public affairs under their own responsibility and in the interests of the local population, which are carried on the principles of democracy, decentralization, autonomy local government, cooperation of the state and local communities, legality and professionalism of local government. Montenegro has retained the principle of first degree for local communities, given that Montenegro by population is very small, so there is no real need for a second degree form of local government.

5. 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 In Montenegro, in principle exists monotypic concept of community with the municipality as the basic unit of local government, although some deviations made by the constitution of Capital city and Capital. In Montenegro with 19 municipalities, the capital city and historic capital, which are separate constitutional category of local communities. Organization units of local-self government ruled by Constition of Montenegro, Law on territorial organization in Montenegro,,Official Gazette of Montenegro,, no 54/11. From a purely technical point of view in Montenegro was provided an internal more decree level provided by the local government in relation to its own operations as well as two levels of external compared to transferred and assigned to work with second appellate supervision exercised by state administration. Montenegro kept a model of local units of general jurisdiction called "omnibus" system under which local governments perform tasks in different areas of social life, but all local governments perform the same duties in their respective areas in accordance with their needs.

6. 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 2. Plan activities on raising level of consumer protection in units of local-self government In accordance with the NPCP 2010- 2012. Ministry of Interior, in cooperation with the Ministry of Economy, the Ministry of Sustainable Development and Tourism, Union of Municipalities and local government, has prepared a Plan of activities to raise the level of consumer protection in the units local self-government. Coordination Committee for Local Government Reform, the largest body that monitors the process of local government reform was adopted 15, september 2011. Action Plan for raising the level of protection of consumers in local government and has recommended to the Government of Montenegro for the adoption of this act, which was adopted by the same. Plan implementation runs with set deadlines in accordance with NPCP 2010-2012, and the new NPCP 2012-2015.

7. 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 2.1. The plan is consists of three areas: Part one Promoting cooperation between the institutions for the protection of consumers, including consumer organizations at the local level The plan is to further strengthen the effective functioning of consumer organizations, as well as achieving their prescribed roles in this area. Ministry of Interior will establish a working group to improve the protection of consumers in local government in order to achieve more intensive cooperation and coordination between the holder of consumer protection, police, Ministry for sustainable development and tourism, Agency for protection environment, Union of municipality local governments and consumer organizations registered in Ministry of Economy. The role of the working group is to achieve the conditions for the participation of all stakeholders in the implementation of the policy of consumer protection, better training, informing and advising consumers on a local level with the active role of consumer organizations.

8. 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 1.Analyze infrastructure and financial capacity of local government to provide the basic prerequisites for the functioning of counseling to consumers in Montenegro (Capital city and at least in one-two municipalities in the north and one in the south). 2.Promoting units of local governments to make their own action plans to raise the level of consumer protection. 3.Review of opportunities in local government for the establishment of a body to monitor the implementation of consumer policy, formed by all stakeholders (representatives of local government, public utilities, representatives of consumer organizations, etc.). 2.2. Part II In the second part of the plan relates to: Improving consumer protection in the field of environmental protection; Improving consumer protection in the area of ​​utility services; Improving consumer protection in the area of ​​housing; Improving consumer protection in the area of ​​transportation 2.3. Part III. Implementation of the Plan follows the Ministry of Interior, through local governments, which reports on the implementation of activities under this Plan submitted to the Ministry of Interior, semi-annual and consolidated reports, annually. Ministry of interior will provide the Commission with monitoring NPCP, which is conducted through the implementation NPCP 2010-2012, and preparatory activities for the one-year action plan NPCP 2012-2015. 6

9. 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 It is running of Project,, European consumer bridge,, financed by EU. The aim of project is raising awareness level on specific fields of consumer protection and overall consumer confidence toward Montenegro. The main activities of projects are-seminars awarded to different target groups, consumer centers and informative brochures.

10. 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 It is running of Project,, European consumer bridge,, financed by EU. The aim of project is raising awareness level on specific fields of consumer protection and overall consumer confidence toward Montenegro. The main activities of projects are-seminars awarded to different target groups, consumer centers and informative brochures.

11. 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 2.2. Challenges Consumers doesnt have adequately ability or awareness on which way to realize own rights, so it is need to raise awareness in part of rights of citizen consumer, through more active role implementers, a work of NGO, med. 2.2.Conclusion Ministry of interior shall continue activities in order to achieve rights of consumer protection in units of local self government in accordance with Law on local-self government, Law on consumer protection, National Programme of consumer protection for 2012-2015 and Plan of activities on raising level of consumer protection in units of local-self government. Full coordination of charge activities Ministry of interior, Ministry of sustainable development and tourism, Agency for environment protection and units of local self government for the purpose of improvement consumer protection policy in units of local-self government in Montenegro.

12. Thank you for your attention. QUESTIONS