Enactment of the Law on Electronic Identification, Reform of Product Liability Rules, and New Vehicle Homologation Procedures
The Official Gazette of Montenegro has published several landmark legislative acts regulating the framework for electronic identification, establishing stringent liability rules for importers and suppliers regarding defective products (odgovornost za štetu od neispravnog proizvoda), and defining the compliance procedures for vehicle homologation upon import.
Information Technology
The Law establishes the legal status of the digital identity wallet as a means of electronic identification.
Pursuant to Art. 10 of the Law on Electronic Identification and Trust Services, the digital identity wallet (novčanik digitalnog identiteta) enables users to securely store, manage, and validate personal identification data and electronic attributions of attributes. The issuance, use, and revocation of the wallet for natural persons shall be provided free of charge.
Qualified electronic signatures are legally equated with handwritten signatures.
In accordance with the provisions governing the legal effect of trust services, a qualified electronic signature (kvalifikovani elektronski potpis) shall have the equivalent legal effect of a handwritten signature (Art. 67). An electronic document shall not be denied legal effect or admissibility as evidence in legal or administrative proceedings solely on the grounds of its electronic form.
Judiciary
The scope of joint and several liability for damage caused by defective products has been expanded to include importers.
Under the newly amended Art. 175 of the Law of Obligations, any person who imports a product into Montenegro for sale, hire, leasing, or any other form of distribution in the course of their business shall be deemed a producer (proizvođač) and shall bear joint and several liability. Where the producer cannot be identified, the supplier (isporučilac) shall be held liable unless they disclose the identity of the producer or their own supplier within a reasonable timeframe.
New limitation periods and expiration terms have been established for product liability claims.
Pursuant to the amended Art. 182 of the Law of Obligations, claims for damages caused by a defective product (potraživanje naknade štete prouzrokovane neispravnim proizvodom) shall be subject to a three-year statute of limitations, commencing from the day the injured party became aware, or should have become aware, of the damage, the defect, and the identity of the producer. The right to claim damages shall expire 10 years from the date the specific product was placed on the market.
Transport
The compliance procedure (homologation) for individual vehicles imported into Montenegro has been formalized.
According to Art. 118 of the Law on Homologation of Vehicles, Systems, Components, and Separate Technical Units, verifying compliance with UNECE technical regulations is mandatory for all imported new or used vehicles. If rectifiable non-compliances are identified during inspection, the applicant is granted a grace period of up to 30 days to remedy the defects.
Manufacturers are now obligated to provide independent operators with access to vehicle repair and maintenance information.
Pursuant to Art. 93 of the Law, vehicle manufacturers must provide independent operators (independent repair shops) with unrestricted, standardized, and non-discriminatory access to on-board diagnostics (OBD) information, diagnostic equipment, and repair and maintenance instructions.
A new tariff structure for annual road usage fees payable upon vehicle registration has been approved.
By Decision of the Government, a new tariff schedule for annual road usage fees (godišnja naknada za korišćenje puteva) has been established. The fee is calculated based on a base rate and corrective coefficients that account for engine displacement, vehicle mass, or electric motor output for hybrid and electric vehicles.