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 COUNCIL DIRECTIVE of 13 th June 1990 ON PACKAGE TRAVEL, PACKAGE HOLIDAYS AND PACKAGE TOURS (90/314/EEC) Božo Vučeković The Ministry of Sustainable Development and Tourism bozo.vucekovic@mrt.gov.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 Protection and Public Health M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Content Chapter 28: CONSUMER AND HEALTH PROTECTION  Relevant Acquis  National Legislation  Institutional Framework  Level of transposition  Planned activities

4. Chapter 28: Consumer Protection and Public Health 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 of 13 June 1990 on package travel, package holidays and package tours (90/314/EEC) Chapter 28: CONSUMER AND HEALTH PROTECTION

5. Chapter 28: Consumer Protection and Public Health 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 Tourism (,,Official Gazette of Montenegro, no. 61/10)  Law on Obligations (,,Official Gazette of Montenegro, no. 47/08) Chapter 28: CONSUMER AND HEALTH PROTECTION

6. 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 Chapter 28 – Consumer and Health Protection Law on Tourism (“Official Gazette of MNE”, no. 61/10): Travel Agency – Tour OperatorTravel Agency – sub-agentTravelerTouristPackage TourTourism ProductOver BookingContract This Law regulates conditions and manners of performing tourism and hospitality services, and especially defines the terms used in the Law, including:

7. Chapter 28: Consumer Protection and Public Health 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 This Law also provides:  The concept of „Travel Program" (advertising material)  The concept of "Unique Records of Tourist Traffic",  Protecting the rights of service users and price services,  The monitoring and implementation of the Act are determined by: administrative monitoring : Ministry of Sustainable Development and Tourism inspection monitoring - Inspection Directorate : Tourism inspection  Penalty provisions

8. Chapter 28: Consumer Protection and Public Health 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 Law on Obligations (“Official Gazette of MNE”, no. 47/08):  This law regulates the obligations arising from the contract, causing damage and other legally established facts;  The Articles from 952 to 976, legally elaborated: agreement on travel arrangements (term of contracts, advertising material, review of passengers, obligations of tour operators, obligations of passengers, specific rights and obligations of the parties, the right of the tour operators and consumers to withdraw from the contract, increasing the contract price and change of the program tour);  The court is competent in terms of protecting the rights of consumers from contractual arrangements.

9. Chapter 28: Consumer Protection and Public Health M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Institutional Framework Main institutions and stakeholders Chapter 28: CONSUMER AND HEALTH PROTECTION Ministry of Sustainable Development and Tourism Ministry of Justice Arbitration Board of the Chamber of Economy of Montenegro Courts Inspection Directorate Tourism Inspection National Tourism Organisation extrajudicial protection 20 tourism inspectors supervise implementation of the Law on Tourism

10. Chapter 28: Consumer Protection and Public Health M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Level of Transposition/1 The harmonization gap of our legal framework (Law on Tourism and the Law on Obligations) of the Directive:  The definition of the "package arrangements"  The definition of the tour organizers - tour agency – tour operators  The definition of the tour organizations / sub agents  The definition of a consumers (passengers)  The definition of the contracts  The content of the information concerning to the contracts  The submition time of information on visas and health requirements Chapter 28: CONSUMER AND HEALTH PROTECTION

11. Chapter 28: Consumer Protection and Public Health M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Level of Transposition/2  The issue of local representative organizers and / or distributors, or establishing contacts with the organizer and / or distributor  Terms and method of distribution of information on contractual terms  The issue of reservation and completion of the contract at the last minute  The deviation of the travel contract  The rights and obligations of the organizers and passengers in a situation where the trip organizer is forced to change any of the basic conditions Chapter 28: CONSUMER AND HEALTH PROTECTION

12. Chapter 28: Consumer Protection and Public Health M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Level of Transposition/3  The right of consumer to withdraw from the contract in a situation of changing travel conditions  The acceptance of arrangement replacement is not transposed into the national legislation.  The consumer's right for adequate transportation to the place of departure or, with the consent of the consumer, to the another location, when it is not possible to make alternative arrangements, or the consumer does not accept the reasons of a change after departure arrangements  The right to emergency provided from the organizers and / or distributors to the consumer who is facing difficulties that can not be prescribed by the organizers and / or distributors.  The obligation of the organizers and / or distributors or their local representative for an appropriate solution in the case of an appeal.  Vaguely is defined non-pecuniary damages the traveler when the contract is not fulfilled or is disorderly fulfilled. Chapter 28: CONSUMER AND HEALTH PROTECTION

13. Chapter 28: Consumer Protection and Public Health M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Planned activities  Full transposition of the Directive into national law - Adoption of the Law on Amendments to the Law on Tourism (2013 - 2014)  Inspection Directorate – Tourism inspection– more effective enforcement, control and take measures according to the Law on Tourism  NTO - Call Center, Local Tourism Organisations – intensify work and increase the level of quality of service (collecting and providing information in multiple languages, conducting surveys) Chapter 28: CONSUMER AND HEALTH PROTECTION

14. Thank you for your attention!