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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 1 – Free Movement of Goods Bilateral.

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Presentation on theme: "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 1 – Free Movement of Goods Bilateral."— Presentation transcript:

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 1 – Free Movement of Goods Bilateral Screening: Chapter 1 PRESENTATION OF MONTENEGRO Brussels, 4 March 2013

2 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 1 – FREE MOVEMENT OF GOODS Poglavlje 25 Nauka i istraživanje Bilateral Screening: Chapter 1 Presentation of Montenegro Brussels, 4 March 2013 Chapter 1 : Free Movement of Goods

3 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 1: Free Movement of Goods Chapter 1 : Free Movement of Goods Conformity Assessment CE Marking Dragan Vukčević Senior Advisor, Ministry of the Economy dragan.vukcevic @mek.gov.me

4 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union  NLF - National Legislation  Institutional framework  Current situation  Strategy ideas for implementation of Free Movement of Goods Conformity Assessment CE Marking Chapter 1 : Free Movement of Goods Chapter 1 : Free Movement of Goods

5 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union New Legislative Framework (NLF) Chapter 1 : Free Movement of Goods Chapter 1 : Free Movement of Goods 768/2008/EC Decision 765/2008/EC Regulation 764/2008/EC Regulation Law on the Technical Requirements for Products and Conformity Assessment ("OG MNE", No. 53/11) Law on Standardization ("OG MNE", No. 13/08 ) Law on Metrology (“OG MNE", No. 79/08) Law on Accreditation (“OG MNE", No. 54/09) Law on General Product Safety ("OG MNE", No. 48/08) Law on the Market Inspectorate ("OG MNE", No. 53/11) National Legislation

6 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union National Legislation Horizontal Issues Chapter 1 : Free Movement of Goods Chapter 1 : Free Movement of Goods Law on the Technical Requirements for Products and Conformity Assessment ("OG MNE", No. 53/11) Decree on notification of technical regulation, standards, information society services and CAP Decree on the form, content and appearance of a conformity mark Decree on the recognition of documents and the conformity mark Rulebook on the content and maintenance of the registry of technical regulations & CABs Rulebook on detailed information on product presenting a risk Rulebook on the manner of notification of designation of CABs

7 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 1 : Free Movement of Goods Chapter 1 : Free Movement of Goods Law on the Technical Requirements for Products and Conformity Assessment ("OG MNE", No. 53/11) Article 1 – procedures of the prescribed technical requirements for products Article 6 (1) – responsibility for preparation or adoption of technical legislation lies with line ministries Article 7 (1) - assumption of conformity Articles 10-15 – CAB designation – NA & authorization – OA Proposal for notification and notification – after accession to EU National Legislation Horizontal Issues

8 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 1 : Free Movement of Goods Chapter 1 : Free Movement of Goods Decree on notification of the technical regulations, standards, regulations on services by the information society and procedure of compliance assessment External notification valid until day of accession of MNE to the EU Internal notification validity – 8 days from being published in the OG Decree on the form, content and appearance of a conformity mark CE Marking – 765/2008 Annex I – Graphical Schema National Legislation Horizontal Issues

9 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 1 : Free Movement of Goods Chapter 1 : Free Movement of Goods Decree on the recognition of documents and the conformity mark Producers and/or importers and/or distributors have opportunities to demand the procedure for the recognition of conformity assessment documents from foreign CABs if Montenegro does not have internal capacity for CA. This is valid only for the old approach. Article 7 – the CE marking is directly recognized in Montenegro if it is affixed on products in line with the EU acquis. Also CA documents are directly recognized if issued by the EU NB National Legislation Horizontal Issues

10 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 1 : Free Movement of Goods Chapter 1 : Free Movement of Goods Law on General Product Safety -Article 2 – prescribing requirements for products which are not subject to other technical legislation -Articles 4 & 9 – responsibility of producers, importer and distributors for putting only safe products onto the market -Article 5 – conformity with standards are presumption of safety of products -Article 6 – prescribed usage of harmonized standards in case these standards are not in the list of standards in line with GPSD -Article 7 – market surveillance responsibilities -Article 15 – responsibilities of the customs authorities National Legislation Transitional Period

11 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union National Legislation (Responsibilities and Stages) Chapter 1 : Free Movement of Goods Chapter 1 : Free Movement of Goods Law on Metrology Line Ministries Line Ministries TR Law on Accreditation Law on Technical Requirements for Products and Conformity Assessment Law on Standardization Regulation on the organization and functioning of public administration Law on General Product Safety Law on Market Inspectorate Law on Inspection Surveillance State Inspectorate Economic Operators CUSTOMS Authorities Transitional period Acquis already transposed into national legislation

12 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Institutional Framework Chapter 1 : Free Movement of Goods Chapter 1 : Free Movement of Goods NLF – Legislation Government of Montenegro Ministry of the Economy Economic Operators Universities MNE Accreditation Body STATE INSPECTORATE Sector for Internal Markets Department for Quality infrastructure BUREAU OF METROLOGY SAA, TBT/WTO, CEFTA 8 Line Ministries Institute for Standardization CUSTOMS AUTHORITIES Sectoral Legislation

13 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Current situation Chapter 1 : Free Movement of Goods Chapter 1 : Free Movement of Goods 93/15/EEC Explosives for Civil Use CE mark - 4 years Five standard chest freezer models – 2006/95/EC (ex-73/23/EEC) Low Voltage Directive2006/95/EC (ex-73/23/EEC) Low Voltage Directive 2000/14/EC Noise Emission in the Environment by Equipment for Use Outdoors CE mark - 8 years

14 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Current situation Chapter 1 : Free Movement of Goods Chapter 1 : Free Movement of Goods

15 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Current situation Chapter 1 : Free Movement of Goods Chapter 1 : Free Movement of Goods National legislation already includes several NAD transposed into the TR, e.g.: 99/5/EC Radio and Telecommunications Terminal Equipment 2004/108/EC Electromagnetic Compatibility There are no problems in the field.

16 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Montenegrin Approach Strategic Ideas Chapter 1 : Free Movement of Goods Chapter 1 : Free Movement of Goods New approach – direct implementation, using EU NBs Old approach – development of conformity schemas for all products Free Movement of Goods – development of market surveillance, accreditation, metrology and standardization and relationships between economic operators and quality infrastructure

17 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 1 : Free Movement of Goods Chapter 1 : Free Movement of Goods First Working Draft - Strategy for the Free Movement of Goods - Coordination between institutions and between the state administration and civil society -Increase the speed of transposition of the EU acquis intro organizing and coordination working groups -Developing of administrative capacity -Introducing of annual plans -Developing the network of CABs – EUROLAB model -Awareness raising for all interested parties Please note that the first working Draft will be subject to further changes

18 Thank you for your attention! QUESTIONS


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