Transcript Slide 1

Bosnia and Herzegovina
Ministry of Foreign Trade and Economic Relations
Department for Market Surveillance, Consumer
Protection and Competition
Regional Round Table – Development of
System of Cons. Protection in BiH
Zagreb, March 10th 2010
Presenter: Sabljica Samir, Lawyer
Law on Cons. Protection 2002 –
it had some disadvantages
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In the framework of the EC financed project “Assistance to the
establishment of a Single Economic Space in Bosnia and
Herzegovina”, which provided technical assistance to the MoFTER, a
pluralistic working group has prepared and proposed the new Law
on Consumer Protection.
As proposing body, the Ministry of Foreign Trade and Economic
Relations of Bosnia and Herzegovina, has gathered opinions from the
competent institutions of Bosnia and Herzegovina. It then clarified the
suggestions and remarks it received.
The Law was adopted by the two parliamentary assemblies of
Bosnia and Herzegovina in January 2006. Law on Consumer
Protection was published in the Official Gazette of Bosnia
and Herzegovina no. 25/2006.
It should be stressed that the new Law on Consumer
Protection is fully harmonised with primary legislation of the
European Union: the Treaty on European Union, final version
2002, Chapter 14, Articles 153. and 95.
Law on CP
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The Law on Consumer Protection is partly harmonised with secondary
legislation of the European Union, including:
1. Directive 98/6 of 16 February 1998 on the indication of prices;
2. Directive 84/450/EEC of 10 September 1984 on misleading advertising,
as amended by the Directive 97/55/EC of 6 October 1997 on comparative
advertising;
3. Directive 85/577/EC of 20 December 1985 on sales concluded away
from business premises;
4. Directive 90/314/EEC of 13 June 1990 on package travel;
5. Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer
contracts;
6. Directive 94/47/EC of 26 October 1994 on timeshare agreements;
7. Directive 97/7/ EC of 20 May 1997 on distance contracts;
8. Directive 98/27/EC of 19 May 1998 on action for an injunction;
9. Directive 2002/65/EC of 23 September 2002 on the distance marketing
of financial services;
10. Directive 87/102/EEC, 90/88/EEC, 98/7/EC of 22. December 1986 for
the approximation of the laws, regulations and administrative provisions of
the Member State concerning consumer credit
Other Laws
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Law on General Product Safety («The Official Gazette of BiH» No. 45/2004)
Law on General Product Safety (OG of BiH No 102/09), new law which replaced the
LGPS 2004
The Law on Market Surveillance in Bosnia and Herzegovina (”The Official Gazette
of BiH”, No.45/2004)
Law on Tecnical Requirements for Products nad Conformity Assesments («The
Official Gazette of BiH» 45/04)
Law on Standardization in BiH («The Official Gazette of BiH» 19/01)
Law on Communications («The Official Gazette of BiH» 31/03)
Law on Health Care (entity level)
Law on Obligations (Law on obligations, SFRJ Official Gazette No. 29/78, 39/85
and 57/89), which came into force in 1978 and was adopted by the both entities
Law on Trade (entity level)
The Law on Food (”The Official Gazette of BiH”, No.50/2004)
There is, also a series of laws and other regulations which directly or indirectly
influences on consumer’s law and obligation, and that’s why the above mentioned
list could be wider.
INSTITUTIONAL FRAMEWORK
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Consumer protection holders
The Competent Authorities for consumer protection in Bosnia and
Herzegovina are the following:
a) MOFTER of Bosnia and Herzegovina;
b) Bosnia and Herzegovina Consumer Ombudsman;
c) Bosnia and Herzegovina Consumer Protection Council;
d) Bosnia and Herzegovina Competition Council;
e) Competent bodies of the entities and Brcko District;
f) Competition and Consumer Protection Offices in the Federation of Bosnia
and Herzegovina and the Republic of Srpska;
g) Consumer associations;
h) Educational institutions and the media;
I) Market Inspection and other bodies, according to the law.
MOFTER
Within its area of jurisdiction, the Ministry of Foreign Trade and Economic
Relations performs activities related to consumer protection, in particular,
as follows:
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a) coordinates completion of the National Annual Consumer Protection
Program;
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b) coordinates work and activities related to consumer protection with the
competent bodies of the entities and Brcko District, Consumer Protection
Council of Bosnia and Herzegovina, Competition Council of Bosnia and
Herzegovina and the Entity Competition and Consumer Protection Offices;
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c) monitors the situation in consumer protection sphere and proposes to the
competent authorities changes in legislation related to consumer protection;
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d) cooperates and exchanges information and data with all subjects in
charge of consumer protection;
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e) keeps records on the public authority allocations to the Union of the
Bosnia and Herzegovina Consumer Associations.
Department for MS, Cons. Protection and Competition was established
on the first May 2007 within MoFTER.
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The Consumer Ombudsman of Bosnia and Herzegovina
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The Consumer Ombudsman of Bosnia and Herzegovina is an
independent institution set up in order to promote a good and effective
implementation of consumer protection policy in BiH.
The first Consumer Ombudsman was appointed by the Council of
Ministers of BiH following a proposal by the Ministry of Foreign
Trade and Economic Relations. The first Ombudsman was appointed
at the end of 2006.
The Consumer Ombudsman is appointed for a period of five years and
may be re-elected for a further period of five years.
The institution of the consumer ombudsman of BiH has a status of a
legal person with its headquarters in Mostar.
The by-laws and rules of operation of the institution shall be approved
by the Council of Ministers of BiH.
Funding for the Consumer Ombudsman institution shall be secured
from the budget of the State institutions of BiH.
The Consumer Ombudsman of Bosnia and Herzegovina
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The Consumer Ombudsman shall be empowered:
a) to issue instructions to cease and desist from practices
contrary to consumer legislation and to enforce such instructions
before the courts
b) to mitigate the procedure before the competent courts.
c) to bring cases to the courts to get compensation for damage
caused to the collective interests of consumers, in accordance
with the provisions of this Law.
Decisions of the Consumer Ombudsman may be appealed against
only to the extent that this Act or any other related legislation
expressly allows such appeal.
The Consumer Ombudsman of BiH
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The criteria for the alternative resolution of
consumer disputes (Official Gazette of BiH No
13/09)
Instructions for handling complaints on the
occasion of violation of consumer rights
(2008)
Special reports in the field of economic
services of general interest (www.ozp.gov.ba)
Consumer Protection Council of BiH
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The Council of Ministers shall approve members of the Consumer Protection Council
of Bosnia and Herzegovina, which includes the following representatives:
a) MOFTER, chairman
b) Competition Council of Bosnia and Herzegovina; member,
c) Veterinary Office of Bosnia and Herzegovina; member,
d) Office for Phyto-Sanitary Protection of Bosnia and Herzegovina; member,
e) Statistics Agency of Bosnia and Herzegovina; member,
f) Institute for standards of Bosnia and Herzegovina; member,
g) Institute for measurements of Bosnia ad Herzegovina ; member
h) Institute for intellectual property of Bosnia and Herzegovina; member,
i) Ministry of Trade of the Federation of BiH; member,
j) Ministry of trade and tourism of the Republic of Srpska; member,
k) Representative of the competent body of Brcko District; member,
l) two representatives of the Union of the Bosnia-Herzegovina Consumer
Associations.members,
m) one representative from organization of entity consumer, members.
Consumer Protection Council of BiH
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Within its area of jurisdiction, the Council performs
particularly the following activities:
a) proposes the National Annual Consumer Protection
Program for adoption to the Council of Ministers of Bosnia
and Herzegovina and monitors its implementation;
b) determines the basics of consumer protection policies;
c) defines the volume of activities to be financed or cofinanced from the budget.
The members of Consumer Protection Council were
appointed by Decree of the Concil of Ministers of BiH.
The Decree was published in Official Gazette of BiH no.
89/2006, 10/08 and 24/09.
THE NATIONAL ANNUAL CONSUMER PROTECTION PROGRAMME
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The National Annual Consumer Protection Programme /NACPP
contains, in particular, the following:
a) principles and targets of consumer protection policy,
b) priority responsibilities in the implementation of Consumer
Protection Policy, which will be executed by the assignment of public
authorities to consumer protection associations,
c) framework budget in order to execute activities;
d) framework budget to stimulate the development and work of
consumer protection associations.
The NACPP of BiH for 2008 was not adopted by Council of Ministers
of BiH.
NACPP of BiH for 2009 was adopted by Council of Ministers of BiH
(The Official Gazette of BiH No 95/09.
NACPP of BiH for 2010 has been prepared by MoFTER and Consumer
Protection Council of BiH and will be send to Council of Ministers
next month.
CONSUMER ASSOCIATIONS
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Consumer protection activities are performed by consumer associations,
which receive the status of legal entities according to the law, by entry
into the association’s registry.
Consumer associations are non-profit making and non-governmental
organizations and may not engage in economic activities.
Consumer associations may act at the Bosnia and Herzegovina, Entity,
Brcko District, Canton, City or Municipal levels.
The consumer associations established the Union of Consumer’s
Association of Bosnia and Herzegovina, in order to provide mutual
assistance and ensure protection of consumer interests in Bosnia and
Herzegovina and at international level.
Individually, associations are limited in their action mainly because of a
lack of financial resources, but also in some cases because of a lack of
know-how. However, actions are underway, sometimes “behind the
scene”, because they do not request much financial resources.
COOPERATION BETWEEN GOVERMENT AND NGO SECTOR
(CONSUMER ASSOCIATIONS)
The Union of Consumer’s Association of Bosnia and
Herzegovina has already appointed two representatives to the
state Council for Consumer Protection. Along with the Union,
the consumers’ movement is also represented within this Council
by one representative of individual associations from each entity.
This will allow a total of 4 consumers’ representatives to
cooperate with 11 officials to the effective implementation of the
new law on consumer protection. There is no doubt that such
strategy of multiplying the connections between the consumers’
movement and the authorities at all levels will soon prove
productive. Through the memebership in Consumer Protection
Council of BiH, the Consumer associations will participate in
making of The NACPP of BiH.
REGIONAL COLABORATION
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Stabilization and Association Agreement
obliges BiH to collaborate with other
Western Balkan countries.
MoFTER => MoELE of Rep.of Croatia
2 Directives: 2005/29/EC and 2006/114/EC
were ceded from MoELE RCroatia to
MoFTER of BiH
Specially thanks to Ms. Djema Bartulovic
from MoELE
Thanks for your atention
SAMIR SABLJICAMoFTER
Head of Dep. for Market Surveillance,
Cons.Protection and Competition
Phone 00387 33 222 281
Fax 00387 33 208 100
E-mail: [email protected]