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 1 –Free movement of goods Bilateral screening: Chapter 1 PRESENTATION OF MONTENEGRO Brussels, 5 March 2013

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 1 – Free movement of goods – Bilateral screening: Chapter 1 Presentation of Montenegro Brussels, 05 March 2013 Chapter 1: Free movement of goods

3. Chapter 1: FREE MOVEMENT OF GOODS M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union R&TT Directive Danka Milićević, Advisor Agency for electronic communications and postail services danka.milicevic@ekip.me Chapter 1: Free movement of goods

4. Chapter 1:Free movement of goods APPLICATION OF THE EU REGULATORY FRAMEWORK IN MONTENEGRIN LEGISLATION M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 1: Free movement of goods FREE MOVEMENT OF ELECTRICAL GOODS IN THE EU (LVD, EMC, R&TTE)

5. Chapter 1: Free movement of goods M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 1: Free movement of goods APPLICATION OF THE EU REGULATORY FRAMEWORK IN MONTENEGRIN LEGISLATION R&TTE Directive 1999/5/EC  R&TTE Directive is transposed by the Rulebook on radio and telecommunication terminal equipment ( Official Gazette, No 32/11). Legal base for issuing the Rulebook is the Law on Technical Requirements for Goods and Assessment of Conformity with Prescribed Requirements (Official Gazette 53/11) and Law on Electronic Communications(Official Gazette, No 50/08)  Rulebook is applied from 1 st January 2013  Scope of the Rulebook (all radio equipment and telecommunications terminal equipment)  Exceptions from the application (R&TT equipment used by radio amateurs, except for radio amateur equipment available in a free market; radio and television sets intended only for the reception of radio and TV program; cable installations; R&TT equipment intended for maritime radiocommunication; which meets conditions set out by separate regulations; R&TT equipment for civil aviation radiocommunication, which is only intended for installation in the aircraft; R&TT equipment which is only used for the needs of armed forces of Montenegro, police and security forces of Montenergo)

6. Chapter 1: Free movement of goods M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 1: Free movement of goods Equipment has to fulfill the following essential requirements (Article 4 of the Rulebook):  the protection of health and safety,  the protection requirements with respect to electromagnetic compatibility.  Radio equipment shall be so constructed: that it effectively uses the spectrum  that it interworks via networks with other apparatus, and protects electronic communications networks from possible frauds, etc. Essential requirements (article 4 of the Rulebook)

7. Publication of interface technical specifications (Article 5 of the Rulebook) The data on radio interfaces in use in Montenegro shall be published on the website of the Agency for Electronic Communications and Postal Services The operators of public electronic communications networks in Montenegro shall publish the types of their interfaces on their websites.

8. Chapter 1: Free movement of goods M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 1: Free movement of goods If equipment meets Montenegrin standards, the compliance with essential requirements referred to in Article 4 of the Rulebook shall be presumed. The presumption of compliance shall be limited on harmonised standards. If Montenegrin standards which pressume compliance with essential requirements are not adopted and published in Montenegr o, then European or international standards shall be applied Harmonized standards (Article 6)

9. Chapter 1: Free movement of goods M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 1: Free movement of goods Placing on the market ( article 7) R&TT equipment can be freely placed on the market in Montenegro if it meets the requirements referred to in Article 4 of this Rulebook and other requirements set out in this Rulebook. The entity that places the R&TT equipment on the market (manufacturer or agent in Montenegro), shall provide specific information during the sale. R&TT equipment, which is placed on the market in Montenegro, shall bear the CE conformity marking. In the case of radio equipment using frequency bands whose use is not harmonized, or is not in compliance with the Radio Frequency Allocation Plan, the supplier shall notify the Agency for Electronic Communications and Postal Services of the intention to place such equipment on its national market no longer than 30 days preceding the start of its placing on the market. The Agency is obliged to respond to the supplier of the equipment within 30 days.

10. Chapter 1: Free movement of goods M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 1: Free movement of goods Putting into service and right to connect (Article 8)  R&TT can be put into service in accordance with its intended purpose where it complies with the essential requirements from Article 4 of the Rulebook, if it bears CE conformity marking and meets other requirements set out by the Rulebook  putting into service may be restricted only for reasons related to the effective and appropriate use of the radio spectrum, avoidance of harmful interference or matters relating to public health.  the operator may disconnect apparatus if the protection of the network requires the equipment to be disconnected

11. Chapter 1: Free movement of goods M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 1: Free movement of goods Conformity assessment procedures (Article 9) Compliance of the apparatus with all the relevant essential requirements at the choice of the manufacturer  Telecommunications terminal equipment which does not make use of the spectrum allocated to terrestrial/space radio communication and receiving parts of radio equipment – at the choice of the manufacturer, in one of the procedures referred to in Annexes I, III and IV.  radio equipment not within the scope of the previous paragraph and where a manufacturer has applied the harmonized standards – at the choice of the manufacturer, in one of the procedures referred to in Annexes II, III and IV.  radio equipment not within the scope of the previous paragraph and where a manufacturer has not applied or has only applied in part the harmonized standards – at the choice of the manufacturer, in one of the procedures referred to in Annexes III and IV.

12. Chapter 1: Free movement of goods M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 1: Free movement of goods The Conformity Assessment Authority (Article 10)  It should meet the requirements referred to Annex 5  Appointed in conformity with the law  This provision shall apply from the date of the accession of Montenegro to the EU. CE Conformity marking and inscriptions (Article 11) Safeguards (Article 12)  Goods which do not meet all requirements from the Rulebook can only be limited in conformity with the Law regulating technical requirements for goods and compliance assessment.

13. Thank you for your attention. QUESTIONS