1. 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

2. 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

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

4. Chapter 1: Free Movement of Goods
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
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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. Thank you for your attention
QUESTIONS