1. PRESENTATION OF MONTENEGRO
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, 5 March 2013

2. Working Group for Chapter 1 – Free movement od Goods-
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 od Goods-
Bilateral screening: Chapter 1 Presentation of Montenegro Brussels, 5 March 2013
Chapter 1:
Free Movement of Goods

3. Phytosanitary Administration
Chapter 1: Free movement of goods
Fertilizers
Milka Petrušić
Phytosanitary Administration
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union

4. INSTITUTIONAL FRAMEWORK
Chapter 1: Free movement of goods
INSTITUTIONAL FRAMEWORK
Ministry of Agriculture and Rural Development are the government body responsible for policy and regulation in the field of fertilisers.
Phytosanitary Directorate was established in 2009 and jurisdiction under the Law on Plant Nutrition Products were transferred to this authority.
Phytosanitary Directorate is the government body, under the Ministry of agriculture and rural development, that is responsible for the immediate implementation of regulations, administrative and related professional activities and is coordination and contacts, drafting of the legislation and international relations in respect of matters relating to plant nutrition products.
As internal unit of the Phytosanitary Directorate, Department of plant protection products, plant nutrition products and food safety was formed, with responsibilities for the immediate implementation of regulations and activities related to the fertilizers.
Directorate for Inspection Affairs - Phytosanitary inspection
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union

5. INSTITUTIONAL FRAMEWORK
Chapter 1: Free movement of goods
Chapter 1: Free movement of goods
INSTITUTIONAL FRAMEWORK
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union

6. INSTITUTIONAL FRAMEWORK
Chapter 1: Free movement of goods
INSTITUTIONAL FRAMEWORK
DIFFERENT INSTITUTIONS IN THIS AREA
PI Center for Ecotoxicological Research of Montenegro –
authorized by the Phytosanitary Directorate for the activity of testing physical and chemical characteristics of plant nutrition products (laboratory tests).
University of Montenegro / Biotechnical Faculty, Podgorica / Center for agriculture field - authorized to perform testing physical and chemical characteristics of plant nutrition products (laboratory tests).
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union

7. NATIONAL LEGAL FRAMEWORK Law on Plant Nutrition Products
Chapter 1: Free movement of goods
NATIONAL LEGAL FRAMEWORK
Law on Plant Nutrition Products
(OG MNE 48/07 and 76/08)  
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union

8. Chapter 1: Free movement of goods
LEGAL FRAMEWORK
Law on Plant Nutrition Products (OG MN 48/07 and 76/08) is a framework law in the area of plant nutrition products, in compliance with the EU acquis, adopting the EU the concept of the Regulation 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilizers.
The law regulates the classification, registration, marketing and use of plant nutrition products, the manner of keeping registers and records, data exchange and other issues of importance for plant nutrition products.
This law is the legal basis for the creation of secondary legislation that will be harmonized with the EU legislation.
Until the regulations under this Law shall be adopted, the national legislation previously adopted shall be applied.
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union

9. Chapter 1: Free movement of goods
LEGAL FRAMEWORK
In Article 12 of Law on plant nutrition products “OG MNE no. 48/07” and “OG MNE no. 76/08”it is prescribed that:
Plant nutrition products shall be with declaration;
Declaration is issued by the producer;
Plant nutrition production must be in compliance with statement on characteristics on the declaration;
Declaration contains following data:
name and address of the producer and importer respectively;
trade name of the plant nutrition product;
statement "EC FERTILISER", written in capital letters, if the mineral fertilizers fulfills all prescribed conditions;
name and type of plant nutrition product;
name, type and content of nutrition products;
name and content of other maters that plant nutrition product contains;
neto weight and volume, respectively, of plant nutrition products;
manual for handling and storing of plant nutrition products;
manual for usage conditions of plant nutrition products.
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union

10. Chapter 1: Free movement of goods
LEGAL FRAMEWORK
This Law is the basis for free trade movement of plant nutrition product marked as “EC FERTILISER”.
If plant nutrition products contain dangerous substances then the trade and application of the product is controlled under the provisions regulating dangerous substances. This is prescribes in Article 1, paragraph 3 of Law on plant nutrition products “OG MNE 48/07 and 76/08”.
In the same article, paragraph 2, it is prescribed that if plant nutrition product contain plant protection products, the provisions regulating plant protection products are also applied.
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union

11. Chapter 1: Free movement of goods
LEGAL FRAMEWORK
Enforcement of the Commission Regulation (EC) No 552/2009 of 22 June amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards Annex XVII amended by Regulation (EC) No. 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) is ensured by Law on chemicals.
Phytosanitary Directorate, since the adoption of Law on plant nutrition products “OG MNE 48/07 and 76/08”, intensive work on preparing for application of limits in use of ammonium nitrate CAS no EC no
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union

12. Chapter 1: Free movement of goods
LEGAL FRAMEWORK
Rulebook on special conditions for trade and use of ammonium nitrate (AN) as plant nutrition product published in “OGM no. 18/2011 from
This rulebook is in compliance with:
EC Regulative 552/2009 from 22. June amending Regulative (ES) no. 1907/2006 of European Parlament and Council on registration, evaluation, authorization and restrictions (REACH) related to Point 58 Annex XVII;
Article 5 of Council Regulation (EC) No 1782/2003 from 29th September 2003;
Annex III Regulation (EC) no. 2003/2003 European Parliament and Council;
Directive of Council 93/15/EEC from 5th April 1993 related to the harmonization of provisions related to placing in the market and surveillance of explosive in civil use.
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union

13. LEGAL FRAMEWORK PLACING ON THE MARKET
Chapter 1: Free movement of goods
LEGAL FRAMEWORK
PLACING ON THE MARKET
We emphasize that Montenegro does not produce fertilizers and all plant nutrition products are imported under the prescribed conditions.
In Montenegro, exists a specific system for placing on the market of plant nutrition products.
Regardless the fact Montenegro does not produce fertilizers, it is certainly necessary to establish institutional capacity for effective system for Montenegro as the most acceptable structure, in order to achieve the objectives set in the EU.
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union

14. LEGAL FRAMEWORK PLACING ON THE MARKET
Chapter 1: Free movement of goods
LEGAL FRAMEWORK
PLACING ON THE MARKET
Request for import of Plant nutrition products is submitted to Phytosanitary Directorate. Request is processed by the Department of plant nutrition products, plant nutrition products and food safety. Subjects who entered into Register of importers may import fertilizers in Montenegro.
Registered importers are responsible and obliged to deliver imported products to the subjects entered into Register for distribution of plant nutrition products for retail or wholesale.
Subjects enrolled in trade of plant nutrition products in retail or wholesale must fulfill following conditions:
employer who is responsible for purchase, trade, storage, keeping and sale of plant nutrition;
facilities and adequate equipment and warehouse and retail store respectively.
Phytosanitary Directorate checks the fulfillment of conditions.
Number of registered importers/wholesales: 47.
-Number of registered retails: 80.
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union

15. INSTITUTIONAL FRAMEWORK ADMINISTRATIVE CONTROL
Chapter 1: Free movement of goods
INSTITUTIONAL FRAMEWORK
ADMINISTRATIVE CONTROL
In the Phytosanitary Directorate as a part of its internal organization operates Department for Plant Protection Products, Plant Nutrition Products and Food Safety is in charge of direct implementation of regulations and activities concerning the following:
registration of plant nutrition products;
conditions for production, trade and application;
preparation of technical basis for development of legislation concerning the plant nutrition products;
preparation, co-ordination and supervision of programs concerning the measures and proper use of plant nutrition products as well as program implementation;
introduction of the principle of Good Agriculture Practice;
implementation of international conventions, agreements and exchange of information;
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union

16. INSTITUTIONAL FRAMEWORK
Chapter 1: Free movement of goods
INSTITUTIONAL FRAMEWORK
INSPECTION CONTROL
Directorate for Inspection Affairs-Phytosanitary Inspection carries out the activities of inspection supervision with regard to ensuring the implementation of laws and secondary legislation, adoption of decisions in administrative procedures, submits requests for initiation of misdemeanor proceedings, reports on commercial offence proceedings and on crime, initiates amendments to the legal documents implementation of which it controls, prepares briefing notes and reports on the situation in this field as well as other activities in accordance with the law.
The powers of the phytosanitary inspectorate are based on implementation of:
Law on General Administration Procedure (OGM 60/03, 20/11),
Law on Inspection Surveillance (OGM 39/03, 76/09, 57/11) and
Law on Plant Nutrition Products (OGM 48/08 and 76/08)
and programs, instructions, etc.
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union

17. INSTITUTIONAL FRAMEWORK INSPECTION BORDER CONTROL
Chapter 1: Free movement of goods
INSTITUTIONAL FRAMEWORK
INSPECTION BORDER CONTROL
Phytosanitary Inspection performs control of consignments of Plant Nutrition Products (import and transit) over Montenegrin border.
Import of plant nutrition products is carried out only over the border inspection points where the phytosanitary inspection is taking place.
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union

18. INSTITUTIONAL FRAMEWORK INSPECTION BORDER CONTROL
Chapter 1: Free movement of goods
INSTITUTIONAL FRAMEWORK
INSPECTION BORDER CONTROL
Inspection of plant nutrition products on border inspection points includes:
Checking the documents accompanying the consignments in order to identify them with the marks on the wrapping, packaging and contents of the consignment and to check the compliance with the conditions laid down by the law:
Approvals of the Phytosanitary Administration (if prescribed);
Certificate on quality;
waybill / bill of lading;
invoices, packing lists and other documents accompanying the consignment.
Physical check includes:
Visual check;
Checks of means of transport;
Wrappings and all marks (tags, seals, etc.);
Check of specific number of packing on several different samples from the consignments.
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union

19. INSTITUTIONAL FRAMEWORK INSPECTION BORDER CONTROL
Chapter 1: Free movement of goods
INSTITUTIONAL FRAMEWORK
INSPECTION BORDER CONTROL
The phytosanitary inspector checks the consignment in order to establish whether the conditions prescribed are satisfied, whether the consignment is fit for use for the purposes indicated in the accompanying document.
The phytosanitary inspector appraises possible derogations from the conditions prescribed in order to establish the method of check and the need for taking samples for laboratory analyses (setting the number of packages from which samples are to be taken, the number and the size of the samples, examination method, preventive measures, etc).
Where the phytosanitary inspector establishes the condition based on the check of accompanying documents and physical checks and where there are no justified reasons for suspicion or derogation, in accordance with the risk analysis, the phytosanitary inspector will approve of the import by a decision and will put the clause
”Import allowed“.
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union

20. INSTITUTIONAL FRAMEWORK INSPECTION BORDER CONTROL
Chapter 1: Free movement of goods
INSTITUTIONAL FRAMEWORK
INSPECTION BORDER CONTROL
Where the phytosanitary inspector cannot determine the situation based on the check of accompanying documents or where there are justified reasons for suspicion or derogation, samples will be taken for the purpose of laboratory analyses, in accordance with the risk analysis.
The consignments sampled by the phytosanitary inspector, samples of which were sent for laboratory analyses, are placed under customs supervision and must not be placed on the market pending the receipt of the results.
In case a plant nutrition product, sent for analysis, does not match the quality declared, which is confirmed by laboratory analyses, the phytosanitary inspector will issue a decision prohibiting the import and order the consignment to be returned to the consignor, and in case the consignment was imported by a natural person, the consignment will be deduct. The inspector will place the clause on the accompanying documentation:
”Import prohibited“.
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union

21. INSTITUTIONAL FRAMEWORK INSPECTION INTERNAL CONTROL
Chapter 1: Free movement of goods
INSTITUTIONAL FRAMEWORK
INSPECTION INTERNAL CONTROL
Phytosanitary Inspectorate controls plant nutrition products in internal trade in Montenegro.
During the control, the phytosanitary inspector control:
compliance with the requirements for registration in the prescribed registers;
keeping of registers and records;
documentation accompanying (packaging, marking and labeling) the plant nutrition product in trade;
compliance with the conditions for placing the plant nutriton product on the market, packaging, marking;
establishes the identity of the offender when he/she suspects that this law has not been applied, by photographing or recording, where necessary.
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union

22. GOOD AGRICULTURAL PRACTICE
Chapter 1: Free movement of goods
GOOD AGRICULTURAL PRACTICE
In order to set up legal framework for achievement of the objectives of sustainable use of fertilisers with the decreasing the risk level and impact of fertilizers on the environment, Rulebook for Good agricultural are in the work schedule for second quarter of 2014.
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union

23. PREPARATION FOR UPCOMING CHANGES
Chapter 1: Free movement of goods
PREPARATION FOR UPCOMING CHANGES
Along with changes in EU legislation in Montenegro have activities in order to recognize the upcoming changes as follows:
no more national legislation on plant nutrition products;
extension of its scope to organic fertilisers, liming materials, soil improver, growing media and plant biostimulants;
improve the safety of products (limits on contaminants);
improve information of end-users about the composition of the product.
Activities are carried out through organized information campaign of administration in Phytosanitary Directorate and stakeholders and other interested persons.
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union

24. PREPARATION FOR UPCOMING CHANGES
Chapter 1: Free movement of goods
PREPARATION FOR UPCOMING CHANGES
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union

25. PROJECTS AND TRAINNING
Chapter 1: Free movement of goods
PROJECTS AND TRAINNING
IPA projects and TAIEX training will assist successful harmonization and implementation of European legislation in the future.
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union

26. Thank you for your attention!
QUESTIONS