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 MISLEADING PRODUCTS Orban Višnja Department of Health and Sanitary Inspection Administration for Inspectorial affairs orban.visnja@t-com.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  Relevant acquis  National legislation  The conformity relation  Institutional framework  Administrative capacity  The implementation of market surveillance  Realized results  Pllaned activities Chapter 28: CONSUMER AND HEALTH PROTECTION Contents

4. Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Relevant Acquis  Council Directive 87/357/EEC of 25 June 1987 on the approximation of the laws of the Member States concerning products which, appearing to be other than they are, endanger the health or safety of consumers Chapter 28: CONSUMER AND HEALTH PROTECTION

5. Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union National Legislation  Law on general product safety („Off. Gazette of Montenegrono“.48/08),  Law on inspection surveillance („Off. Gazette of Republic Montenegro“, no.39/03 and OG M, no. 76/09, 53/11). Chapter 28: CONSUMER AND HEALTH PROTECTION

6. Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union National legislation/I  For the purpose of the Law misleading product are defined as:any non-food product that by its form, colour, smell, appearance, packaging, label or size reminds of a food product, so that there is a probability that consumers, in particular children, will not differ it from food products, and it can therefore be used in a manner that can represent a risk for their health and life;  Producer shall be obliged to place only safe products on the market (art. 4);  It shall be prohibited to produce, import, export or place on the market misleading products(art. 4 paragraph 4) Chapter 28: CONSUMER AND HEALTH PROTECTION

7. Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union National Legislation/II  Producers and distributors shall be obliged to inform a competent inspection body with no delay and in writing, if:  they know or should have known based on available information and professional knowledge and experience that a certain product placed on the market is dangerous, or  they assess that a certain product placed on the market poses a serious risk. Chapter 28: CONSUMER AND HEALTH PROTECTION

8. Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Administrative Measures and Offences Except the administrative measures determined by the Law for the inspection surveillance, sanitary inspector shall take the administrative measure such as: - order or organize immediate prevention of distribution and sale of the product and alert consumers and other users to the risks such product presents Offenses For business organization, the reasponsible person, entrepreneur and physical person is described the pecuniary fine for offencess, if: - produce, import, export or place on the market misleading products Chapter 28: CONSUMER AND HEALTH PROTECTION

9. Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union The Conformity Relationship  The existing Law on general product safety, in the part related to the misleading products, is complied with Council Directive 87/357/EEC of 25 June 1987 on the approximation of the laws of the Member States concerning products which, appearing to be other than they are, endanger the health or safety of consumers. Chapter 28: CONSUMER AND HEALTH PROTECTION

10. Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Institutional Framework and Administrative Capacities Chapter 28: CONSUMER AND HEALTH PROTECTION  Supervision in implementation of Law on general product safety in the area of misleading products is done by: Administration of Inspectorial Affairs Health Sanitary Inspectorate 34 sanitary inspectors

11. Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Results Chapter 28: CONSUMER AND HEALTH PROTECTION In accordance with the Plan of market surveillance 2012, the results are:  The total number of inspection controls (proactive,reactive surveillance) ……………………………132  The total number of irregularities ………………………….5  Removed from the market…………………… 291 items of misleading products (body lotion and gel bath, naphthalene, small artificial fruit, erasers, decorative stones, cookies imitation with magnets).

12. Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Examples of misleading products Chapter 28: CONSUMER AND HEALTH PROTECTION

13. Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Examples of misleading products Chapter 28: CONSUMER AND HEALTH PROTECTION

14. Chapter 10: Information society and media M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Acting on consumer complaints Chapter 28: CONSUMER AND HEALTH PROTECTION Duty inspector Answering machine By:  telephone: +382 20/608015, 608016, 608006  fax : +382 20/608005 Submitting a written application Orally– direct arrival to Health sanitary inspectorate

15. 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 Planned activities  Harmonization of national legislation with EU in the area of safety of products.  Working version of the Law on general safety of products.  Working version of the Law on market surveillance. Chapter 28: CONSUMER AND HEALTH PROTECTION

16. Thank you for your attention. QUESTIONS