Stricter rules for the import of vehicles and parts: Draft Law on Homologation, incorporating EU standards, is in the process

Importers fear that the procedures will increase costs and that vehicles and parts will be more expensive. The Ministry of Transport indicates that they will not increase fees and that there will be no reason for price increases.

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Vehicles and parts on the market will be checked: Autoplac near Podgorica, Photo: Zoran Djuric
Vehicles and parts on the market will be checked: Autoplac near Podgorica, Photo: Zoran Djuric
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

Importers of new and used vehicles and auto parts, who contacted "Vijesti", fear that the new rules on homologation (quality and standards control) could increase import costs because, as they claim, the draft Law on Homologation of Vehicles, Systems, Vehicle Components and Special Technical Units, which is in the parliamentary procedure, expands the scope of homologation according to European standards and increases importer procedures.

The Ministry of Transport responded to "Vijesti" that the administrative and technical procedures for imports are not changing and that the entry into force of this law will not cause additional costs for importers and therefore will not affect the increase in prices of vehicles and auto parts for end customers on the Montenegrin market. The first regulations on vehicle homologation in Montenegro have been applied since 2007.

The Faculty of Mechanical Engineering, with which the Government has a contract to perform vehicle type approval work and issue certificates of approval for individual vehicles, told "Vijesti" that there is no basis for changing any of the existing costs.

The decision on the amount of the homologation costs for vehicles imported or placed on the market for the first time in Montenegro is adopted by the Government, and the decision is now in force with almost the same fee amounts as ten years ago when the application of homologation began. Currently, the homologation fee for vehicles imported for the first time ranges from 240 to 1.000 euros per vehicle. The fee for mopeds and motorcycles is 240 euros, for passenger and light commercial vehicles 800 euros, for commercial vehicles and buses 1.000 euros, for trailers up to 3,5 tons 600 euros, and over 3,5 tons 700 euros, for tractors 500 euros, for all trailers for tractors 400 euros. Various fees for inspections, certificates, reports cost from 24 to 100 euros.

Importers fear that the new fees could be higher, but the Ministry promises that this will not happen.

"The main reason for adopting this legal solution is the complete transposition of European Union regulations and directives into domestic legislation, which is also necessary for Montenegro's accession to the European Union. The new law regulates the area of ​​technical standards and conditions for vehicles and parts in a significantly better and more precise manner, compared to the current situation, and clearly defines the rights and obligations of the Ministry, homologation bodies, market surveillance authorities, as well as manufacturers, distributors and importers themselves. The focus of the introduced rules and European regulations and directives adopted by this law is primarily directed at the obligations of vehicle and part manufacturers," the Ministry stated.

They point out that the law prescribes in detail what the manufacturer is required to provide and fulfill in order for a certain type of vehicle to receive a type approval certificate that enables the sale and registration of vehicles in the manner defined in the European Union.

"When it comes to the import of new and used vehicles, there will be no changes for importers on the Montenegrin market compared to the already established and defined system. The procedures remain identical to the previous ones. Given that the administrative and technical procedures for import do not change, the entry into force of this law will not cause additional costs for importers, and therefore will not affect the increase in prices of vehicles and auto parts for end customers on the Montenegrin market. The new legal framework provides greater legal certainty, clearer standards and better market supervision, following Montenegro's European path, without creating new barriers or charges for the economy and citizens," the Ministry stated.

Homologation is currently regulated by three articles of the Road Traffic Safety Act, while the proposed law, which applies only to this area, encompasses the entire European regulation and has 140 articles. It would enter into force eight days after its publication in the Official Gazette.

Prof. Ph.D Happy Simovic from the Control Body for Engines and Vehicles from the Faculty of Mechanical Engineering told "Vijesti" that the Law treats in more detail four European Union regulations, namely the regulation for vehicles 2018/858, for tractors 167/2013, for motorcycles 168/2013 and for propulsion engines 2016/1628, which are being introduced into our legislation in this way.

"The norms defined by the law are in line with EU rules to the extent that our legislation currently allows. The aforementioned Law defines the existing procedures in more detail, defines the necessary measures in this area, as well as in the area of ​​market surveillance. As for the question of whether and what changes are being made to the current procedures, I can briefly say that in the areas that have been defined so far, the norms remain the same, areas that have not been treated so far have been added, and we are obliged to apply them in the process of harmonizing our regulations. As for costs, there is no basis for changing any of the existing costs, because the Law does not define prices, but rather defines procedures that have not existed in certain areas so far," said Simović.

She points out that the draft law also defines penalties, in the part of monitoring and enforcement supervision, because they are not defined in the existing Rulebook.

"Finally, I can emphasize that the aforementioned Law is a step towards full harmonisation with EU legislation, in this transitional period, and upon joining the EU, we will fully accept and literally apply each of the above regulations, in which sense the Law in question is the basis for creating a comprehensive system consistent with the system that will function even when we become a member of the EU," said Simović.

Prevents the import of non-standardized vehicles and parts, reduces traffic accidents

In an analysis of the regulations published with the draft law, it was stated that its implementation will contribute to the import of verified vehicles and quality and standardized auto parts.

"The law will have a positive impact on the economy and citizens in that it will better protect the economy from unfair competition, and citizens will be provided with better protection from abuse when purchasing vehicles, parts or technical units," the document states.

They expect that stricter standardization of vehicles and auto parts will increase traffic safety and greater environmental protection.

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