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 27 PRESENTATION OF MONTENEGRO Brussels, 6 March 2013

Working Group for Chapter 1 – Free Movement of Goods Bilateral screening: Chapter 1 Presentation of Montenegro Brussels, 6 March 2013 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

Chemicals (REACH) Chapter 1: Free Movement of Goods Dragana Raonić, adviser Ministry of Sustainable Development and Tourism dragana.raonic@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 1: Free Movement of Goods

Chapter 1: Free Movement of Goods REGULATION (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), establishing a European Chemicals Agency 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

Chapter 1: Free Movement of Goods Transposition The REACH Regulation has been mainly transposed into the national legislation through the provisions of the Law on Chemicals (OJ MNE 18/12 ) The remaining provisions shall be transposed by planned secondary legislation: Rulebook on the contents of the file of chemicals and registry of chemicals List of substances that cause high concern Rulebook on the manner of keeping records of chemicals Rulebook on the prohibition or permission of methods of use, as well as other requirements for the production, marketing, reporting and use of a substance, mixture, or a particular product 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

Competent Authorities Chapter 1: Free Movement of Goods Competent Authorities The Ministry of Sustainable Development and Tourism is responsible for drafting the legislation in this area Environmental Protection Agency maintains a register of chemicals in electronic form, performs​ professional assessment of the information contained in the file for a substance or mixture containing a substance causing high concern, as well as ordering the amendment of the proposed measures to reduce risk 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

Implementation - National helpdesk Chapter 1: Free Movement of Goods Implementation - National helpdesk The Aarhus Centre in Podgorica is a national centre Providing information to the manufactures, importers and distributors to ensure that they understand the requirements of the regulation Establishing cooperation and networking of local governments, organizing public discussions, round-table and panel discussions about subjects relating to chemicals, to be attended by representatives of institutions which cause pollution and by interested citizens 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

Implementation – inspection and enforcement system Chapter 1: Free Movement of Goods Implementation – inspection and enforcement system Inspection supervision over the enforcement of REACH Regulations is performed by the Environmental Inspector The Environmental Inspector has the authority to determine whether: for a product that contains a substance of prescribed characteristics and concentrations, information sufficient for the safe use of this product needs to be provided, especially the name of the substance; a certain dangerous chemical is marketed in accordance with the prescribed conditions; a chemical which is subject to the obligation of being entered into the register of chemicals is reported in a timely manner; measures entered into the file on the registration of a chemical in the register of chemicals are applied for a substance that causes high concern; the prohibitions and restrictions are complied with. 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

Implementation – inspection and enforcement system Chapter 1: Free Movement of Goods Implementation – inspection and enforcement system A fine of €2,000-40,000 shall be imposed on a legal entity for: failing to submit an application for the registration of chemicals in the register of chemicals produced or imported in the previous year in excess of 100 kg failing to comply with measures to reduce risk failing to submit any change of data entered into the register of chemicals failing to keep records of chemicals For the offence the responsible person in a legal entity shall be subject to a pecuniary penalty of €500-4,000. For the offence an entrepreneur shall be subject to a pecuniary penalty of €1,000-12,000 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

Administrative capacity Chapter 1: Free Movement of Goods Administrative capacity Proper administrative set-up for building capacity to participate in different committees, the management board and forum There is a need for staffing, training, software and equipment in order to comply with the regulation’s requirements 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

Chapter 1: Free Movement of Goods Costs Establishing the implementation system Building capacity for a national helpdesk and substance evaluation Attending committee meetings Building capacity and expertise for cooperation with the ECHA 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

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