1. PRESENTATION OF MONTENEGRO
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, March 2013

2. Chapter 27: Environment and Climate Change
REGULATION (EC) No 1907/2006 of the European Parliament and of the Council of 18 December concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), establishing a European Chemicals Agency
Danijela Sukovic, Assistant Director
Centre for Ecotoxicological Research of Montenegro
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
Transposition
The REACH Regulation has been mainly transposed into the national legislation through provisions of the Law on Chemicals (OJ MNE 18/12 )
The remaining provisions shall be transposed by planned secondary legislation:
Rulebook on 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 prohibition or permission 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 27: ENVIRONMENT AND CLIMATE CHANGE

4. Competent Authorities
Chapter 27: Environment and Climate Change
Competent Authorities
Ministry of Sustainable Development and Tourism is competent for drafting the legislation in this area (Art 59) and has general competent in this area
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

5. III Registration of chemicals
Chapter 27: Environment and Climate Change
III Registration of chemicals
Art 25.2 Art 4 REACH
Listing of Chemicals in the Register of Chemicals
Art 25.3 Art 6.3 REACH
Art 25.4 partly Art 7.2 REACH
Art 25.5 partly Art 7.4 REACH
Art 25.7 & Rulebook of detailed contents of the dossier of chemicals and registry of chemicals  Art 10 REACH , Annex VI, Annex VII, Annex IX, Annex X.
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

6. Chapter 27: ENVIRONMENT AND CLIMATE CHANGE
Safety Data Sheet
Safety Data Sheet
Art 16.1  Art REACH
Art 16.3  Art REACH
Safety Data Sheet for Mixtures Not Classified as Dangerous
Art 17  Art REACH
Modifying Safety Data Sheet
Art 18  Art 31.9 REACH
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

7. Chapter 27: ENVIRONMENT AND CLIMATE CHANGE
Chemical Safety Assessment
Art 19.3 Art REACH
Art 19.4 & Art 19.5 Art 14.4 REACH
Rulebook of method of preparation and content of the Chemical Safety Report shall be regulated by the Ministry in 2013
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

8. Implementation Environmental Protection Agency (Art 59)
Chapter 27: Environment and Climate Change
Implementation
Environmental Protection Agency (Art 59)
maintains register of chemicals in electronic form (Art.24);
performs professional assessment of the information contained in the file for a substance or mixture containing a substance causing high concern, also order amendment of the proposed measures to reduce risk (Art.28);
co-operaties with ECHA and competent authorities of other Member State in the implementation of the regulation (Art.54).
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

9. Implementation - National helpdesk
Chapter 27: Environment and Climate Change
Implementation - National helpdesk
Sector for permits / import, export and transit of chemicals
Aarhus Centre Podgorica
Support for implementing international treaties – Aarhus Convention,
Strengthening both institutional and administrative capacities in implementation,
Raise public awareness in environmental matters,
Providing support to the access to information, public participation, public debates in law enforcement, SEA, EIA and other laws …
Support fordrafting new legislation,
Access to Justice,
Support for drafting National Reports which are obligatory according to the Convention,
Providing legal aid,
Contribution in cooperation with local self-governments in the field of environment…
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

10. Implementation – inspection and enforcement system
Chapter 27: Environment and Climate Change
Implementation – inspection and enforcement system
Inspection supervision over the enforcement of REACH Regulation performs Environmental Inspector
Environmental inspector have the authority to determine whether:
for a product that contains a substance of prescribed characteristics and concentrations, information need be provided sufficient for the safe use of this product, especially the name of the substance;
a certain dangerous chemical is marketed in accordance with prescribed conditions;
a chemical which is subject to the obligation of entering in the register of chemicals is reported in a timely manner;
measures entered in the file on registration of a chemical in the register of chemicals are applied for the substance that causes high concern;
the prohibitions and restrictions are complied with Law on Chemicals.
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

11. Implementation – inspection and enforcement system
Chapter 27: Information society and media
Implementation – inspection and enforcement system
A fine of 2,000-40,000 € shall be imposed on a legal entity, if:
failing to submit an application for 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 in the register of chemicals;
failing to keep records of chemicals.
For the offense the responsible person in a legal person shall be subject to a pecuniary penalty of 500-4,000 Euros
For the offense an entrepreneur shall be subject to a pecuniary penalty of 1,000-12,000 Euros
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. Administrative capacity
Chapter 27: Environment and Climate Change
Administrative capacity
Organization
Number of employees
Ministry of Sustainable Development and Tourism 1
Environmental Protection Agency 2
Environmental inspection 7
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

13. Administrative capacity
Chapter 27: Environment and Climate Change
Administrative capacity
Proper building of capacities for participating in the different committees, management board and forum
There is a need for staffing, training, software and equipment in order to comply with 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 27: ENVIRONMENT AND CLIMATE CHANGE

14. The National Strategy for Managing Chemicals (Art 58)
Chapter 27: Environment and Climate Change
The National Strategy for Managing Chemicals (Art 58)
An assessment of the situation and issues in the field of chemicals management;
Priority activities and measures for the preservation of the environment and human health;
Medium and long-term national strategic objectives;
The priority tasks in all areas of chemical safety;
Action plans for implementing the National Strategy;
Identifying the priorities and potential sources of funding.
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

15. Chapter 27: ENVIRONMENT AND CLIMATE CHANGE
Costs
Establishing the implementation system
Building capacity for inspection, national helpdesk and substance evaluation
Attending committee meetings
Building capacity and expertise for co – operation 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 27: ENVIRONMENT AND CLIMATE CHANGE

16. 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

17. Thank you for your attention
QUESTIONS