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PRESENTATION OF MONTENEGRO

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Presentation on theme: "PRESENTATION OF MONTENEGRO"— Presentation transcript:

1 PRESENTATION OF MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 10 – Information society and media Bilateral screening: Chapter 10 PRESENTATION OF MONTENEGRO Brussels, January 2013

2 Chapter 10: INFORMATION SOCIETY AND MEDIA
ELECTRONIC COMMERCE Kenan Duraković Adviser Ministry for 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 Chapter 10: INFORMATION SOCIETY AND MEDIA

3 Chapter 10: INFORMATION SOCIETY AND MEDIA
Relevant Acquis Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L , p. 1“Directive on electronic commerce”) 32000L0031 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

4 Chapter 10: INFORMATION SOCIETY AND MEDIA
National Legislation Law on Electronic Commerce (Off. Gazette of Republic of Montenegro 80/04, 41/2010) The Law regulates providing of services for remuneration at a distance, by means of electronic equipment for the processing and storage of data, at the individual request of a recipient of a service (hereinafter: information society services), liability of information society services provider and rules related to conclusion of electronic contracts. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

5 Institutional Framework
Chapter 10: Information society and media Institutional Framework Ministry for Information Society and Telecommunication Ministry of Economy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

6 Fields in which the Law shall not be applied
Chapter 10: Information society and media Aim and field of application (Directive - Article 1, Number 5) Fields in which the Law shall not be applied M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

7 Internal market (Directive – Article 3)
Chapter 10: Information society and media Internal market (Directive – Article 3) Regulation application Service providers with head office in Member State of the European Union Freedom of provision of services by the service provider with its headquarters in Member State of European Union and Measures of restrictions on freedom to provide services M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

8 Freedom to provide services Chapter 10: INFORMATION SOCIETY AND MEDIA
Principle excluding prior authorization (Directive – Article 4) Freedom to provide services M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

9 Information to be provided Commercial communications
Chapter 10: Information society and media Information to be provided (Directive - Articles 5 and 6) Information to be provided Commercial communications M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

10 Unsolicited commercial communication (Directive – Article 7)
Chapter 10: Information society and media Unsolicited commercial communication (Directive – Article 7) Unsolicited commercial communication Treatment of contracts (Directive – Article 9) The form and legal effectiveness of contracts M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

11 Exemptions to contracts Subsidiary application
Chapter 10: Information society and media Treatment of contracts (Directive – Article 9) Exemptions to contracts Objective and scope (Directive – Article 1) Subsidiary application M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

12 Information to be provided and Placing of the order
Chapter 10: Information society and media Information to be provided and Placing of the order (Directive – Articles 10 and 11) Information and notice to be provided prior to contract conclusion Information to be provided (Directive – Article 10) Contract availability M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

13 Acknowledgment of receipt Chapter 10: INFORMATION SOCIETY AND MEDIA
Placing of the order (Directive – Article 11) Acknowledgment of receipt Effective entry date M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

14 Temporary storage (caching) Chapter 10: INFORMATION SOCIETY AND MEDIA
Mere conduit (Directive – Article 12) Mere conduit Caching (Directive – Article 13) Temporary storage (caching) M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

15 Permanent storage (hosting) Binding notifications
Chapter 10: Information society and media Hosting (Directive – Article 14) Permanent storage (hosting) No general obligation to monitor (Directive – Article 15) Binding notifications M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

16 Chapter 10: INFORMATION SOCIETY AND MEDIA
Cooperation (Directive – Article 19) Informing Codes of conduct (Directive – Article 16) Code of Conduct M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

17 Judicial protection Out-of-court settlement of disputes
Chapter 10: Information society and media Court actions (Directive – Article 18) Judicial protection Out-of-court dispute settlement (Directive – Article 17) Out-of-court settlement of disputes M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

18 Monitoring of law enforcement Infringements
Chapter 10: Information society and media Cooperation (Directive – Article 19) Monitoring of law enforcement Sanctions (Directive – Article 20) Infringements M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

19 Monitoring and Control Chapter 10: INFORMATION SOCIETY AND MEDIA
Law on electronic commerce - Article 23 Competent authority, through inspectors, shall monitor and control application of this Law, in compliance with law. In order to perform monitoring, providers of information society services shall enable access to empowered persons from the Competent authority to electronic equipment and devices, as well as present or supply needed information and documents relating to the subject of monitoring. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

20 Chapter 10: INFORMATION SOCIETY AND MEDIA
eCommerce in Practice Businesses: The percentage of firms that have received orders via the Web site is 8.1%, while 11.7% of companies ordering products or services on the Internet in Individuals: The percentage of individuals who use the Internet, which are bought or ordered goods or services over the Internet amounted to 14.7% in 2012. Survey: National Statistical Office of Montenegro, 2012. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

21 Chapter 10: INFORMATION SOCIETY AND MEDIA
PayPal System Request of PayPal introduction, submited in 2009. Introduction of PayPal, met the requirements Montenegro on the PayPal user list from 2013, announced M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

22 Chapter 10: INFORMATION SOCIETY AND MEDIA
Future Activities Ensure full transposition of the e-Commerce Directive through the ammended Law - Activity of Action Plan , adopted by Goverment. Article 6 of Law shall fully transpose Article 4 of ECD literally mentioning “prior authorisation or any other requirement having equivalent effect”. Article 9 of Law shall fully transpose Article 7 of ECD, mentioning that: unsolicited commercial communication should be clearly identifialbe as such service providers should regulary consult and respect opt-out registers Articles shall be literaly changed to fully transposed Articles 1-14 of ECD. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 10: INFORMATION SOCIETY AND MEDIA

23 Thank you for your attention.
QUESTIONS

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