1. M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Working Group for Chapter 1 – Free movements of goods Bilateral screening: Chapter 1 PRESENTATION OF THE MONTENEGRO Brussels, 04 March, 2013

2. M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Working group for chapter 1 Free movements of goods Bilateral screening: Chapter 1 PRESENTATION OF THE MONTENEGRO Brussels, 04 March, 2013

3. M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Chapter 1: Free movements of goods MARKET SURVEILLANCE FREE MOVEMENTS OF GOODS AND PRODUCTS SAFETY Rada Marković Deputy Director of Administration for Inspection Affairs rada.markovic@uip.gov.me

4. Chapter 1: Free movements of goods M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Free movements of goods and products safety Legal framework for safety and compliance of products: The Law on General Product Safety (2008) Directive 2001/95/EC, Directive 87/357/EEC, Regulation 339/93/EEC The Law on Technical Requirements for Products and Conformity Assessment (2011) Regulation 768/2008/EC- elements essential when revising New Approach Directives for certain product groups

5. Chapter 1: Free movements of goods M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Sectoral laws The most important laws with market surveillance provisions: The Law on Chemicals (2007-2011) The Law on Explosive Materials (2008) The Law on Medicines (2011) The Law on Medical Devices(2004-2011) The Law on Road Traffic Safety (2003-2006) The Law on Plant Protection Products (2008) The Law on Consumer Protection (“product labeling”) (2007)

6. M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Chapter 1: Free movements of goods The Laws on Quality Infrastructure The Laws that directly affect the performance of market surveillance: The Law on Standardization (2008) The Law on Accreditation (2009) The Law on Metrology (2008)

7. M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Chapter 1: Free movements of goods Procedural and organizational regulations The rules for conducting in market surveillance: The Law on Public Administration(2003-2011) Regulation on organization and functioning of public administration(2012) The Law on Inspection surveillance(2003-2011) The Law on Market Inspection(2011) The Law on General Administrative Procedure(2003- 2011) The Law on Offences(2011)

8. M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Chapter 1: Free movements of goods Legal framework for general safety The Law on General Product Safety (2008) Regulation on the way of exchanging information on the products posing a risk (2010) Instructions for the forms of notification on products posing a risk (2010) The rulebook on establishing the List of Montenegrin standards in the area of general product safety (2010) The rulebook on the contents of notifications of dangerous product (2010)

9. M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Chapter 1: Free movements of goods Development of legal framework in Montenegro 1 Further adaptation to EU law: The Law on General Product Safety (2013-2014) Directive 2001/95/EC (except for the provisions on market surveillance), Directive 87/357/EEC The Law on Market Surveillance (2013-2014) Regulation 765/2008/EC (ArtIcle15 to 29), Regulation 764/2008/EC (Article 9 and 10- “product contact point”), Directive 2001/95/EC (provisions on market surveillance)

10. M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Chapter 1: Free movements of goods Development of legal framework in Montenegro 2 Bylaws For The Law on General Product Safety - Regulation on the way of exchanging information on products posing a risk /Guidelines for the management of Rapid Exchange of Information System (2010/15/EC)/ - Instructions, Rulebooks For The Law on Market Surveillance

11. M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union. Chapter 1: Free movements of goods Strategy The Strategy of Market Surveillance The Government of Montenegro- 2009

12. M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Chapter 1: Free movements of goods Institutional framework 1 - The Administration for Inspection Affairs 28 / 12 inspections - The Ministry of Transport and Maritime Affairs / authorized inspections -The Ministry of the Interior/ authorized inspections -Customs Administration/department for Customs and legal affairs

13. Chapter 1: Free movements of goods M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Institutional framework 2 -The Ministry of Economy ( Internal Market Division -Department for Quality Infrastructure) - The Institute for Standardization, - The Bureau of Metrology, - Accreditation Body, - Conformity Assessment Bodies.

14. Chapter 1: Free movements of goods M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Administrative capacities 1 Market surveillance at the central level Legal Responsibilities The list of responsibilities sorted by product groups, approved by the Government in April 2012 Conclusion of the Government of Montenegro

15. Chapter 1: Free movements of goods M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Administrative capacities 2 Market surveillance: The Administration for inspection - 12 inspectorates: Market Inspection, Healthcare and Sanitary Inspection, Phytosanitary Inspection, Environmental Inspection, Termoenergetic Inspection, Electroenergetic Inspection, the Inspection of Electronic Communication and Postal Services, Metrological Inspection, Labor Inspection, Construction Inspection, Mining Inspection and Home Inspection.

16. Chapter 1: Free movements of goods M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Administrative capacities 3 Market Inspection / 52 inspectors* are responsible for: /General safety of products, Low Voltage Directive (LVD), machines, pressure equipment, building products, personal protective equipment, gas appliances, EMC, textile, shoes, glass, energy efficiency, electric and electronic waste, noise emission by equipment used outdoors/

17. Chapter 1: Free movements of goods M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Administrative capacities 4 Healthcare and Sanitary Inspection / 41 inspectors /medicines, medical devices, substances used in the manufacture of narcotic drugs, general product safety, toys, cosmetics, detergents chemicals, biocides/ Environmental Inspection / 7 inspectors /chemicals, biocides, detergents/ fuel, electrical and electronic waste, sources of ionizing and radioactive materials/

18. Chapter 1: Free movements of goods M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Administrative capacities 5 Electroenergetic Inspecton / 2 inspectors /electric equipment for use in potentially explosive atmospheres/ Termoenergetic Inspection / 1 inspector /pressure equipment gas appliances- in use/ Labour Inspection (Inspectors for Safety at Work) / 9 inspectors /personal protective equipment in profesional use, elevators in office buildings/

19. Chapter 1: Free movements of goods M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Administrative capacities 6 Inspection for Electronic Communication and Postal Services / 1 inspector /radio equipment, telecommunication terminal equipment, EMC/ Metrological Inspection / 1 inspector /measuring instruments, pre-packed products/

20. Chapter 1: Free movements of goods M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Administrative capacities 7 Construction Inspection / 3 inspectors /construction products-in use/ Home Inspection / 2 inspectors /elevators in residential buildings/ Phytosanitary Inspection / 17 inspectors /plant protection products, plant nutrition products/

21. Chapter 1: Free movements of goods M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Administrative capacities 8 The Ministry of Transport and Maritime Affairs / authorised inspections / 10 inspectors /motor vehicles, recreational craft, cable-ways/ The Ministry of the Interior- Inspection for explosive materials, flammable materials, liquids and gases/ 8 inspectors / explosives for civilian use, pyrotechnic devices/

22. Chapter 1: Free movements of goods M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Administrative capacities 9 Inspectors – University degree, different areas Powers, administrative measures, sanctions Education and specialisation / for the implementation of national and European legislation that shall be applied directly, when Montenegro becomes a Member State/

23. Chapter 1: Free movements of goods M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Other resources IT System- in initial phase Simple survey tools Official vehicles Budget

24. Chapter 1: Free movements of goods M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Coordination and cooperation 1 Coordination Body for Market Surveillance The Government of Montenegro- October 2010 Decision on Education of Coordination Body for Market Surveillance (“Official Gazette of Montenegro” No.66/10) Composition Tasks

25. Chapter 1: Free movements of goods M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Coordination and cooperation 2 Annual report on the work of Coordination Body / the Government of Montenegro -First annual report -Second annual report is being prepared

26. Chapter 1: Free movements of goods M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Coordination and cooperation 3 Cooperation with the institutions of quality infrastructure Cooperation with Customs Administration, Memorandum of Cooperation between Market Inspection and Customs Administration /improvement of cooperation of these two bodies in order to achieve common goal- to place only safe products on market/ Working group- realisation of joint activities, pilot exercises, preparation of the catalogue of measures

27. Chapter 1: Free movements of goods M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Exchange of information 1 Legal basis: Regulation on the Way of Exchanging Information on Products that Pose a Risk -National System for Rapid Exchange of Information- contact point: Market Inspection -Participants -Instructions for functioning of the system and contact point

28. Chapter 1: Free movements of goods M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Exchange of Information 2 Functioning of the system Annual report on functioning of the system

29. Chapter 1: Free movements of goods M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Proactive surveillance Annual report on market surveillance -Sectoral and general (at the national level) -Participants -Basis for planning -Contents -Instructions and checklists

30. Chapter 1: Free movements of goods M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Reactive surveillance Sources of information: -RAPEX reports and other databases, -Notifications from producers and distributors, -Notifications from Customs Authority, -Consumer complaints -Information from the media etc.

31. Chapter 1: Free movements of goods M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Cooperation with interested parties Business entities Consumers NGOs for consumer protection Media

32. Chapter 1: Free movements of goods M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Reporting Monitoring realization of Market Surveillance Programme- periodically at the level of supervisory bodies and through Coordination Body Annual report on market surveillance (proactive and reactive surveillance) Annual reports on the work of the system for rapid exchange of information on dangerous products Annual report on the work of Coordination Body

33. Chapter 1: Free movements of goods M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Informing the public 1 Contents: - The monitoring program - Monitoring the activities - Activities of coordination body - On dangerous products - Product recall with a serious risk - About new regulations

34. Chapter 1: Free movements of goods M O N T E N E G R O Negotiating Team for the Accession of the Montenegro to the European Union Informing the public 2 Market Inspection website: www.ti.gov.mewww.ti.gov.me Website of The Administration for Inspection Affairs: www.uip.gov.me www.uip.gov.me TV and radio programmes Print media Recall of product that poses serious risk (consumers to be informed through a daily newspaper)

35. Thank you for your attention! QUESTIONS