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 11 – Agriculture and rural development Bilateral screening: Chapter 11 PRESENTATION OF MONTENEGRO Brussels, 12. 12. 2012

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 11 QUALITY POLICY Bilateral screening: Chapter 11 Presentation of Montenegro Merisa Čekić Brussels, 12.12.2012

3. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union  Law on Agriculture and Rural Development (Official Gazette of Montenegro 56/09)  Law on Designations of Origin, Geographical Indications and Designations of Traditional Specialty Agricultural Products and Foodstuffs (Official Gazette of Montenegro 18/11) NATIONAL LEGAL FRAMEWORK Chapter 11: Agriculture and rural development

4. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union REASON FOR ADOPTION OF THE LAW  Fulfillment of the commitments referred to in the Stabilization and Association Agreement (Article 33) and harmonization of the national legislation in the field of agriculture, comprising the field of designations of origin, geographical indications and traditional specialty agricultural products and foodstuffs, as an area of “quality policy” created the need for further alignment this area in order to enable harmonization with the relevant EU legislation. Chapter 11: Agriculture and rural development

5. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union LAW ON DESIGNATIONS OF ORIGIN, GEOGRAPHICAL INDICATIONS AND DESIGNATIONS OF TRADITIONAL SPECIALTY The Law defines the designations of origin, geographical indications, designation of traditional specialty and governs the following issues:  Procedure for registration of designations of origin/geographical indications,  Procedure for recognition of special properties of agricultural products and foodstuffs,  Keeping of registers,  Relations of geographical indications and trademarks,  International registration and civil-legal protection,  Special rules for marking,  Procedure for conformity assessment and surveillance Chapter 11: Agriculture and rural development

6. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union OBJECTIVES OF THE QUALITY POLICY Chapter 11: Agriculture and rural development 1. STIMULATION OF DIVERSIFICATION OF AGRICULTURAL PRODUCTION, PRESERVATION OF SPECIFICITIES OF THE LOCAL AND REGIONAL PRODUCTION 2. PROTECTION OF THE INDICATION FROM ABUSE AND IMITATIONS 3. CONSUMER PROTECTION (ADDITIONAL CONTROLS, “CERTIFICATION” OF SPECIAL QUALITY, DESIGNATIONS OF QUALITY)

7. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union HARMONIZATION WITH THE EU LEGISLATION(1)  Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 93, 31.3.2006, p. 12–25) - fully harmonized  Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed (OJ L 93, 31.3.2006, p. 1–11) - fully harmonized  Commission Regulation (EC) No 1898/2006 of 14 December 2006 laying down detailed rules of implementation of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 369, 23.12.2006, p. 1–19) - partly harmonized  Commission Regulation (EC) No 1216/2007 of 18 October 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed (OJ L 275, 19.10.2007, p. 3–15) - partly harmonized Chapter 11: Agriculture and rural development

8. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union HARMONIZATION WITH THE EU LEGISLATION(2) Partial harmonization with the Regulations 32006R1898 and 32007R1216 is provisional and full harmonization will be achieved by adoption of the secondary legislation, in accordance with the present Law on Designations of Origin, Geographical Indications and Designations of Traditional Specialty Agricultural Products and Foodstuffs (Official Gazette of Montenegro 18/11). - Chapter 11: Agriculture and rural development

9. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union TYPES OF PROTECTION(1) 1.Designation of Origin is the name of the region, certain place, or in exceptional cases, a state, which is used for marking an agricultural product or foodstuff : Chapter 11: Agriculture and rural development  originating from that region, namely that place or that state;  whose quality or characteristics are exclusively or significantly conditioned by natural and human factors of a certain geographical area and  whose production, processing and preparation are carried out in a certain geographical area

10. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union TYPES OF PROTECTION(2) 2. Geographical indication is the name of the region, certain place or, in exceptional cases, a state, used for marking an agricultural product or foodstuff: Chapter 11: Agriculture and rural development  originating from that region, namely that place or that state;  which has a specific quality, reputation or other characteristics which can be ascribed to its geographical origin and  whose production and/or processing and/or preparation are carried out in a certain geographical area

11. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union  Special properties: A characteristic or a set of characteristics which clearly distinguish an agricultural product or a foodstuff from similar agricultural products or foodstuff of the same category. They result from the use of traditional raw materials or traditional composition or traditional methods of production and/or processing.  Traditional: proven use of the same product in the market through a period of time indicating passing from one generation to the next, in duration of at least 25 years.  Production is not geographically restricted Chapter 11: Agriculture and rural development TYPES OF PROTECTION(3) 3. Traditional Specialty Guaranteed is an agricultural product or foodstuff to which special properties are ascribed by registration.

12. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union WHICH PRODUCTS CAN BE PROTECTED? Chapter 11: Agriculture and rural development AGRICULTURAL PRODUCTS INTENDED FOR HUMAN CONSUMPTION Meat Cheeses Eggs Honey Fats Fruit and vegetables Cereals Fish AGRICULTURAL PRODUCTS NOT INTENDED FOR HUMAN CONSUMPTION Hay Essential oils Cork Flowers and decorative plants Wool Brushwood Flax FOODSTUFFS Beer Herbal extract drinks Bread, cookies, cakes Natural gums and resins Mustard Pastas Salt DESIGNATION OF ORIGIN/ GEOGRAPHICAL INDICATION

13. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union WHICH PRODUCTS CAN BE PROTECTED? (2) Chapter 11: Agriculture and rural development AGRICULTURAL PRODUCTS INTENDED FOR HUMAN CONSUMPTION Meat Cheeses Eggs Honey Fats Fruits and vegetables Cereals Fish FOODSTUFFS Beer Chocolate Candies, bread, pastry, cakes, cookies Pasta Convenience food Convenience spice sauces Soups or broths Ice-creams TRADITIONAL SPECIALTY GUARANTEED

14. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union QUALITY DESIGNATIONS Chapter 11: Agriculture and rural development PROTECTED DESIGNATION OF ORIGIN PDO PROTECTED GEOGRAPHICAL INDICATION PGI TRADITIONAL SPECIALTY GUARANTEED TSG

15. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Registration of the DO/GI/TSG Chapter 11: Agriculture and rural development  Procedure for registration starts by submission of the application for registration with the Ministry of Agriculture and Rural Development  Application for registration is submitted by a group of producers or processors of an agricultural product or foodstuff produced or processed (every association of producers or processors of the same agricultural product or foodstuff, regardless of its legal status or composition).  Registration of only one DO or GI can be applied for.  Ministry establishes a Commission for implementation of the DO/GI/TGS registration procedure for agricultural products and foodstuffs.

16. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union STEPS IN THE PROCEDURE OF REGISTRATION OF THE DO/GI/TSG (1) Chapter 11: Agriculture and rural development ASSOCIATION OF PRODUCERSPREPARATION OF SPECIFICATIONS APPLICATION WITH THE CERTIFICATION BODY FOR HARMONIZATION ASSESSMENT CONFORMITY ASSESSMENT PROCEDURE / issuance of the certificate on conformity of the product with the specification

17. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 11: Agriculture and rural development PREPARATION OF THE APPLICATION FOR REGISTRATION SUBMISSION OF THE APPLICATION FOR REGISTRATION OF THE DO/GI/TSG WITH THE MINISTRY (the Ministry forms a Commission for implementation of the DO/GI/TSG registration procedure) CHECK WHETHER THE APPLICATION IS COMPLETE AND JUSTIFIED; IF IT IS COMPLETE, THE APPLICATION IS PUBLISHED IN THE OFFICIAL GAZETTE OF MONTENEGRO, WHILE THE DEADLINE (30 DAYS) FOR MAKING OBJECTIONS TO THE APPLICATION FOR REGISTRATION STARTS FROM THE DAY OF PUBLICATION UPON EXPIRY OF THE DEADLINE, THE WELL-FOUNDEDNESS OF THE OBJECTIONS IS DECIDED UPON(if there were any). IF THERE ARE NO OBJECTIONS, THE DECISION IS MADE ON THE APPLICATION FOR REGISTRATION STEPS IN THE PROCEDURE OF REGISTRATION OF THE DO/GI/TSG(2)

18. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 11: Agriculture and rural development IN CASE OF A POSITIVE DECISION UPON THE APPLICATION, THE REGISTERED DO/GI/TSG IS ENTERED INTO THE DO REGISTER /GI REGISTER /TSG REGISTER AND PUBLISHED IN THE OFFICIAL GAZETTE OF MONTENEGRO DO/GI/TSG REGISTERED IN MNE CAN BE REGISTERED IN THE EU PPROCEDURE FOR REGISTRATION IN THE EU (IN ACCORDANCE WITH THE EU LEGISLATION) DESIGNATION REGISTERED AT THE EU LEVEL STEPS IN THE PROCEDURE OF REGISTRATION OF THE DO/GI/TSG(3)

19. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union APPLICATION FOR REGISTRATION OF THE DESIGNATION OF ORIGIN/ GEOGRAPHICAL DESIGNATION Submitted by: A group of producers or processors of the same agricultural product or foodstuff, regardless of its legal status or composition. Appended to the application: Product specification (main elements: name, description of the product, including, where necessary, special rules referring to packaging and designation, and precise spatial definition of the geographical area; description of the connection between the product and the geographical area or geographical origin). Chapter 11: Agriculture and rural development

20. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union PRODUCT SPECIFICATION Contains:  Name of the agricultural product or foodstuff made of the designation of origin or geographical indication;  Description of the agricultural product or foodstuff, including the raw materials in the sense of basic physical, chemical, microbiological or organoleptic characteristics of that product;  Spatial defining of the geographical area;  Proof that the agricultural product or foodstuff originates from the spatially defined geographical area;  Description of the method for production of the agricultural product or foodstuff,  Detailed data on the correlation between quality or characteristics/specific quality, reputation or other characteristic of the agricultural product or foodstuff and geographical origin;  Name and address of the authorized legal entity which checks conformity with the specification;  Special rules for marking of an agricultural product or foodstuff. Chapter 11: Agriculture and rural development

21. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union APPLICATION FOR REGISTRATION OF THE TRADITIONAL SPECIALTY GUARANTEED Submitted by: A group of producers or processors of the same agricultural product or foodstuff, regardless of its legal status or composition. Appended to the application: Traditional Specialty Guaranteed Specification; Name and address of the authorized body checking the conformity with the product specification and documents corroborating the traditional characteristics and special properties of the product. Chapter 11: Agriculture and rural development

22. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union SPECIFICATION OF THE TRADITIONAL SPECIALTY GUARANTEED Contains:  Name of the agricultural product or foodstuff which is specific or possesses special properties of the agricultural product or foodstuff;  Description of the agricultural product or foodstuff including its main physical, chemical, microbiological or organoleptic properties;  Description of the method for production to which the producers must adhere, including, where necessary, the nature and properties of the raw materials or ingredients used and the method of preparation of the agricultural product or foodstuff;  Important elements determining the special properties of the product;  Important elements proving the traditional characteristics of the product;  Minimum requirements and procedures for check into special properties. Chapter 11: Agriculture and rural development

23. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union CONCLUSION Chapter 11: Agriculture and rural development RULEBOOK ON DESIGNATIONS OF ORIGIN AND GEOGRAPHICAL INDICATIONS FOR AGRICULTURAL PRODUCTS AND FOODSTUFFS RULEBOOK ON DESIGNATIONS OF TRADITIONAL SPECIALTY AGRICULTURAL PRODUCTS AND FOODSTUFFS RULEBOOK ON FORM AND CONTENT AND METHOD OF ISSUANCE OF THE MARK FOR DESIGNATION OF ORIGIN, GEOGRAPHICAL INDICATION AND TRADITIONAL SPECIALTY AGRICULTURAL PRODUCTS AND FOODSTUFFS RULEBOOK ON CONTENT AND METHOD OF KEEPING THE REGISTER OF DESIGNATIONS OF ORIGIN AND GEOGRAPHICAL INDICATIONS, AND REGISTER OF DESIGNATIONS OF TRADITIONAL SPECIALTY AGRICULTURAL PRODUCTS AND FOODSTUFFS ENVISAGED (full harmonization of the legislation with the EU Acquis regarding quality policy, by adoption of the following secondary legislation acts )

24. Thank you for your attention! QUESTIONS