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 27 – Environment and Climate Change Bilateral screening: Chapter 27 PRESENTATION OF MONTENEGRO Brussels, 18-22 March 2013

2. Chapter 27: Environment and Climate Change Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures Dragana Raonic, advisor 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 27: ENVIRONMENT AND CLIMATE CHANGE

3. Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE TRANSPOSITION The Regulation has been mainly transposed into the national legislation through provisions of the Law on chemicals (Official Gazette of Montenegro, 18/12 ), and secondary legislation: Rulebook on method of classification, packaging and labeling of chemicals and specific products in hazard classes (Official Gazette of Montenegro, 53/12) and List of classified substances (Official Gazette of Montenegro, 58/12)

4. Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE TRANSPOSITION - SECONDARY LEGISLATION The remaining provisions shall be transposed by the planned secondary legislation: 1.Rulebook on methods for testing the hazardous properties of chemicals; 2.Rulebook on criteria for identifying a substance such as PBT or vPvB and detailed content of the Safety Data Sheet; 3.Rulebook on the properties of a substance for which an alternative chemical name may be used, and the content of application for the use of alternate chemical name; 4.Rulebook on method of classification, packaging and labeling of chemicals and specific products in accordance with the UN Globally Harmonized System for Classification and Labeling ; 5.Method of preparation and content of the Chemical Safety Report.

5. Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE COMPETENT AUTHORITIES Ministry of Sustainable Development and Tourism is competent for drafting the legislation in this area and has the general competence over this legislation Environmental Protection Agency is competent for gathering all relevant information relating to the classification, exchange of information, receiving information on the health effects of the preparations, approval for the use of alternative chemical name and for collecting SDS and Chemical Safety Report

6. Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE IMPLEMENTATION – INSPECTION AND ENFORCEMENT SYSTEM Inspection supervision over the enforcement on classification, labelling and packaging performs Environmental Inspector Environmental inspector have the authority to determine whether: 1.the chemicals and certain products that are put into circulation are classified, labeled and packed; 2.the label of dangerous chemicals, and certain mixture that is not dangerous is classified as hazardous; 3. for a product that contains a substance of prescribed characteristics and concentrations, information shall be provided sufficient for the safe use of this product, especially the name of the substance; 4.a permit is issued for the use of alternative chemical name of the substance, and whether that name is used in accordance with the approval; 5.the hazardous chemicals are stored so as not to endanger the life or health of people and the environment; 6.a certain dangerous chemical is marketed in accordance with prescribed conditions.

7. Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE IMPLEMENTATION – INSPECTION AND ENFORCEMENT SYSTEM A fine of 2,000-40,000 € shall be imposed on a legal entity, if: 1.chemical and products are put into circulation, and the same is not classified, labeled, and packed; 2.the packaging of a substance or mixture classified as dangerous is not marked with a hazard warning label; 3. the label fails to contain additional information on hazardous properties and precautionary measures for dangerous chemicals and mixtures that are not dangerous, yet those contain at least one substance that is classified as a hazardous, in a way that its users are not mislead about the hazardous properties of chemicals; 4.the remains of hazardous chemicals and empty packaging are not collected, stored and safely disposed of in the prescribed manner; 5.the Safety Data Sheet is not provided with a chemical that is put on the market in the prescribed manner.

8. Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Proper administrative set-up for building capacity of inspectors There is a need for staffing, training in order to comply with regulation’s requirements ADMINISTRATIVE CAPACITY

9. Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE ADMINISTRATIVE CAPACITY OrganizationNumber of employees Ministry of Sustainable Development and Tourism 1 Environmental Protection Agency 2 Environmental inspection7

10. Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE Establishing a mechanism to provide report to Commission Costs have been already considered in the REACH regulation (managing the National Helpdesk, inspections) COSTS

11. Chapter 27: Environment and Climate Change M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 27: ENVIRONMENT AND CLIMATE CHANGE

12. Thank you for your attention QUESTIONS