Upon joining the European Union, Montenegro will be obliged to recognize precious metal items that have been lawfully placed on the market of any other EU member state that provides the same level of consumer protection – even if they do not fully meet all the technical requirements currently applicable in Montenegro for such products. This means that inspectors will no longer prohibit the placement of such products on the market, except, in rare cases, when there is a justified reason of public interest, such as consumer protection or fair trade.
This and other key aspects of the functioning of the EU single market were discussed at the workshop “The Principle of Mutual Recognition in the EU,” organized by the Bureau of Metrology and the project Centre for Strategic-Legal Counselling for Montenegro (PLAC), funded by the European Union. The workshop was led by Natalija Jovanović, an expert from the PLAC project, and brought together representatives of the Bureau, the Ministry of Economic Development, and the market inspection authority.
As an institution that plays an important role in the quality infrastructure, the Bureau of Metrology organized this workshop with the goal of strengthening the capacities of institutions that will, in the future, implement the rules of the EU single market through technical regulations, supervision, and conformity assessment of precious metal items.
“Mutual recognition is the foundation of a functional EU single market. Its core idea is simple: if a product is lawfully placed on the market in one EU member state, it must have the right to access the markets of other member states. This avoids double testing, unnecessary permits, and additional costs for businesses,” explained Jovanović.
For Montenegro, she added, this means that we must already start preparing the administration, especially inspection services, to ensure proper application of the principle of mutual recognition in the area of precious metal items.
“It is important to understand that this is not about lowering standards, but about mutual acceptance of different technical solutions by member states that achieve the same goal – consumer protection and public interest,” said Jovanović.
During the lecture, participants became familiar with Articles 34–36 of the Treaty on the Functioning of the European Union, Directive (EU) 2015/1535, Regulation (EU) 2019/515, as well as practical steps Montenegro needs to take to be ready for the effective implementation of these regulations in the field of precious metal items. Challenges in practice were also addressed, as well as Montenegro’s obligation to establish a system for notifying technical regulations to the EU in the future, in order to avoid barriers to free trade.
Special attention was given to the case law of the Court of Justice of the EU, including key rulings related to mutual recognition in the specific field of precious metal items. The workshop analyzed how the legal interpretations of these rulings could affect inspection oversight in Montenegro, as well as what procedural changes will be necessary in the future to ensure their consistent application.
This workshop represents another step in strengthening the capacity of domestic institutions to apply European rules, particularly in the context of Montenegro’s preparations for full EU membership.
BUREAU OF METROLOGY OF MONTENEGRO
CENTRE FOR STRATEGIC-LEGAL COUNSELLING FOR MONTENEGRO