35
1 REVISED REPORTING INSTRUMENT 1 1. Origin of the report 1.1 Name of Contracting Party MONTENEGRO 1.2 Information on national contact or focal point: Name and title of contact officer PROF.AGIMA LJALJEVIC Mailing address [email protected] Telephone number +38267266795 Fax number +38220243728 E-mail [email protected] 1.3 Information on contact officer submitting the national report, if different from the above: Name and title of contact officer MR. SCI. BRANISLAVA BOŽOVIĆ Mailing address [email protected] Telephone number +38220234020 Fax number +38220234020 E-mail [email protected] 1.4 Signature of the officer responsible for submitting the report: Name and title of officer Full name of institution Mailing address Telephone number Fax number E-mail Web page 1.5 Period of reporting October, 16 2006 - October, 16 2008. 1.6 Date the report was submitted 1 Revised by the Convention Secretariat in accordance with decision FCTC/COP2(9) for consideration by the Bureau of the Conference of the Parties to the WHO Framework Convention on Tobacco Control.

1. Origin of the reportSRBI 31.99 % BOŠNJACI 7.76 % ALBANCI 5.02 % MUSLIMANI 3.97 % HRVATI 1.098 % OSTALI 2.61 % NEOPREDIJELJENI 4.33 % 2.2(a)(i) Please indicate the year and source

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1

REVISED REPORTING INSTRUMENT1

1. Origin of the report

1.1 Name of Contracting Party MONTENEGRO

1.2 Information on national contact or focal point:

Name and title of contact officer PROF.AGIMA LJALJEVIC

Mailing address [email protected]

Telephone number +38267266795

Fax number +38220243728

E-mail [email protected]

1.3 Information on contact officer submitting the national report, if different from the above:

Name and title of contact officer MR. SCI. BRANISLAVA BOŽOVIĆ

Mailing address [email protected]

Telephone number +38220234020

Fax number +38220234020

E-mail [email protected]

1.4 Signature of the officer responsible for submitting the report:

Name and title of officer

Full name of institution

Mailing address

Telephone number

Fax number

E-mail

Web page

1.5 Period of reporting October, 16 2006 - October, 16 2008.

1.6 Date the report was submitted

1 Revised by the Convention Secretariat in accordance with decision FCTC/COP2(9) for consideration by the Bureau of the Conference of the Parties to the WHO Framework Convention on Tobacco Control.

2

2. Demographics

2.1 Age and sex

(If available, please provide demographic data by age group, preferably by 10-year categories, e.g.

25–34, 35–44)

Add age

group

Year (latest

available) Age group Percentage of

male

population

Percentage of

female

population

Percentage of total

population

2003 Do 14 godina 21.59% 19.54% 20.55 % 2003 15-24 16.40 % 15.29 % 15.85 % 2003 25-34 14.06 % 13.84 % 13.95 % 2003 35-44 14.04% 13.66% 13.84 % 2003 45-54 13.89 % 13.50 % 13.69 % 2003 55-64 8.7 % 9.76 % 9.24 % 2003 65-74 7.37 % 8.67 % 8.04 % 2003 75-84 3.08 % 4.7 % 3.9 %

Please indicate the source of the data used to answer question 2.1: 2.1(a)(i)

Population census of Montengro - 2003 (Statistical Office of Montenegro - Monstat)

2.2 Ethnicity (optional)

Add ethnic

group

Name of ethnic group Percentage of total population

CRNOGORCI 43.16 % SRBI 31.99 %

BOŠNJACI 7.76 % ALBANCI 5.02 %

MUSLIMANI 3.97 % HRVATI 1.098 % OSTALI 2.61 %

NEOPREDIJELJENI 4.33 %

Please indicate the year and source of the data used to answer question 2.2: 2.2(a)(i)

Population census of Montenegro - 2003 (Statistical Office of Montenegro - Monstat)

3. Tobacco use

3.1 Prevalence

(Please refer to Articles 19.2(a), 20.2 and 20.3(a).)

3.1(a) Smoking tobacco

(Please provide prevalence data for total adult population, e.g. 15 years old and over, 18–64 years)

3

Age group

(adult)

Prevalence (%)

(please include all smoking tobacco

products in prevalence data)

Average number of

smoking tobacco

products smoked per day

Males

Daily smokers2 %

Occasional

smokers2

%

Females

Daily smokers %

Occasional

smokers %

Total (males and females)

Daily smokers %

Occasional

smokers %

2 Definitions to be provided by the Parties.

4

Please indicate the tobacco products included in calculating prevalence for question 3.1(a): 3.1(a)(i)

Please indicate the year and source of the data used to answer question 3.1(a):

(Please ensure that you have used the latest available data.)

3.1(a)(ii)

Research on the representation of adult smoking has never been done in Montenegro. Therefore, we have neither data about representation of adult smoking generally, nor about certain groups of the adult population of the citizens in Montenegro.

5

3.1(b) Smoking tobacco

(If data are available, please provide prevalence data by age group, preferably by 10-year categories, e.g.

25–34, 35–44)

Age group

(adult)

Prevalence (%)

(please include all smoking tobacco

products in prevalence data)

Average number of

smoking tobacco

products smoked per day

Males % % % % %

Daily smokers

Add age group

% % % % % % % %

Occasional

smokers

Add age group

%

Females

% % % % %

Daily smokers

Add age group

% % % % % % % %

Occasional

smokers

Add age group

%

Total (males and females)

% % % % %

Daily smokers

Add age group

%

% % % % % % %

Occasional

smokers

Add age group

%

6

Please indicate the tobacco products included in calculating prevalence in the answer to question 3.1(b):

3.1(b)(i)

Please indicate the year and source of the data used to answer question 3.1(b):

(Please ensure that you have used the latest available data.)

3.1(b)(ii)

3.1(c) Smokeless tobacco, including snuff and chewing tobacco (optional)

(Please provide prevalence data for total adult population, e.g. 15 years old and over, 18–64 years)

Age group (adult) Prevalence (%)

Males

Daily users3 %

Occasional

users3

%

Females

Daily users %

Occasional

users %

Total (males and females)

Daily users %

Occasional

users %

Please indicate the tobacco products included in calculating prevalence for the answer to question 3.1(c):

3.1(c)(i)

Please indicate the year and source of the data used to answer question 3.1(c):

(Please ensure that you have used the latest available data.)

3.1(c)(ii)

3 Definitions to be provided by the Parties.

7

3.1(d) Smokeless tobacco, including snuff and chewing tobacco (optional)

(If data are available, please provide prevalence data by age group, preferably by 10-year categories, e.g.

25–34, 35–44)

Age group (adult) Prevalence (%)

(please include all smokeless tobacco

products in prevalence data)

Males

% % % % %

Daily users

Add age group

% % % % % %

Occasional

users

Add age group %

Females

% % % % %

Daily users

Add age group

% % % % % %

Occasional

users

Add age group %

Total (males and females)

% % % % %

Daily users

Add age group

%

% % % % %

Occasional

users

Add age group %

Please indicate the tobacco products included in calculating prevalence for the answer to question 3.1(d):

3.1(d)(i)

8

Please indicate the year and source of the data used to answer question 3.1(d):

(Please ensure that you have used the latest available data.)

3.1(d)(ii)

9

3.1(e) If prevalence data are appropriate and available for ethnic groups, please provide them.

Prevalence (%) Ethnic group

Smoking tobacco Smokeless tobacco,

including snuff and

chewing tobacco

(optional) % % % % % % % % % %

Daily users

Add ethnic group

% %

% % % % % % % % % %

Occasional

users

Add ethnic group % %

Please indicate the tobacco products included in calculating prevalence for the answer to question 3.1(e):

3.1(e)(i)

Please indicate the year and source of the data used to answer question 3.1(e): (Please ensure that you have used the latest available data.)

3.1(e)(ii)

There is no research on the adult smoking according to ethnic groups

10

3.1(f) If prevalence data are appropriate and available for youth groups, please provide them.

Prevalence5 (%) Youth group

4

Smoking tobacco Smokeless tobacco,

including snuff and

chewing tobacco (optional) 12-16 godina 4.3 % %

14 godina 23.7 % 15 godina 9.0 % 16 godina 13.4 %

28.9

Males

Add youth group

17 godina

%

12-16 godina 3.2 % % 14 godina 23.1 % 15 godina 8.9 % 16 godina 13.3 %

27.5

Females

Add youth group

17 godina

%

Please indicate the tobacco products included in calculating prevalence for the answer to question 3.1(f):

3.1(f)(i)

Svi duvanski proizvodi

Please indicate the year and source of the data used to answer question 3.1(f):

(Please ensure that you have used the latest available data.)

3.1(f)(ii)

Data provided by the Global research on tobacco consumption by young people in the years of 2003 and 2004. In Montenegro, research on tobacco consumption has been done in the sixth, seventh and eighth grade elementary school, as well as in all four grades secondary school. Therefore, there is overlapping in the presentation of age groups. The Global research on tobacco consumption in Montenegro was completed in April 2008, on the student population of sixth, seventh, eighth (i.e. ninth) grade elementary school as well as the first grade secondary school. Data about smoking prevalence by young people provided by GYTS 2008 haven't yet been given from Atlanta.

4 Definitions to be provided by the Parties. 5 Parties should provide a definition for the prevalence of current smoking among youth; e.g. at least one smoking tobacco product smoked or smokeless tobacco product used in the past 30 days or the last week.

11

3.2 Supply of tobacco products

3.2(a) Licit supply of tobacco products

(Please refer to Articles 20.4(c) and 15.4(a) in accordance with Article 15.5.)

Note: licit supply = domestic production + (imports – exports)

Product Unit (e.g.

millions of

pieces)

Domestic

production

Exports Imports

cigarettes kg 176265.00 -0.00 969734.00 cigarettes and

cigars kg 1176.00

smoking tobacco (for pipes)

kg 58350.00

Smoking

tobacco

products

Add product

Smokeless

tobacco

products

Add product

Other tobacco

products

Add product

Please indicate the year and source of the data used to answer question 3.2(a):

(Please ensure that you have used the latest available data.)

3.2(a)(i)

Data are related to the accomplished sale of tobacco products on domestic market for the first eight months of 2008.

SOURCE: Montenegrin Agency for tobacco

Please provide information on volumes of duty-free sales (e.g. product, unit, quantity), if available:

(Please ensure that you have used the latest available data.)

3.2(b)

In 2007 and in the first eight months of 2008, 1.165.788 kilos of cigarettes (58.239.400 packs) were sold for which excise tax and VAT were not paid. It is about cigarette sale in free shops (free custom shops), whose import and sale are free of mentioned charges.

SOURCE: Customs of Montenegro g

12

3.2(c) Seizures of illicit tobacco products (Please refer to Article 15.4(a) in accordance with Article 15.5.)

Year Product Unit (e.g. millions of

pieces) Quantity seized

2007 cigarettes 1000.00 9040.00 2008 cigarettes 1000.00 6026.80

Smoking tobacco

products

Add row

(optional: Give information about other illicit tobacco products seized.)

Smokeless

tobacco products

Add row

Other tobacco

products

Add row

Please indicate the source of the data used to answer question 3.2(c):

(Please ensure that you have used the latest available data.)

3.2(c)(i)

Data are related to 2007 and the first eight months of 2008.

SOURCE: Customs, Police Department, Market and Municipal Inspection of the capital city

13

3.2(d) Please provide information on illicit or smuggled tobacco products (optional)

(Please refer to Article 15.4(a) in accordance with Article 15.5.)

Do you have any information on the percentage of smuggled tobacco products in the national tobacco market?

3.2(d)(i)

Yes No

If you answered ‘Yes’ to question 3.2(d)(i), according to the most recent information available, what percentage of the national tobacco market does smuggled tobacco products constitute?

3.2(d)(ii)

In illegal channels, according to the estimate 5-6% is sold for the eight months of 2008

If you answered ‘Yes’ to question 3.2(d)(i) and you have information available, what is the trend over recent years in the percentage of smuggled tobacco products in relation to the national tobacco market?

3.2(d)(iii)

Favourable flows on tobacco market are achieved, because illegal sale (black market), until two years ago, constituted 40-50% of total tobacco market, and in the latest eight months of the current year 5-6%.

Please provide any further information on illicit or smuggled tobacco products. 3.2(d)(iv)

The subject of smuggling were only the cigarettes, with special focus on the street sale of cigarettes. These cigarettes were without excise stamp of Montenegro, which means that they had excise stamps of another country or they were without any excise stamp. Owing to the Action programme for measures of the Government (beginning of 2007) rarely positive results are achieved concerning the combat of illegal cigarettes sale.

Please indicate the year and source of the data used to answer questions 3.2(c)(i)–(iv):

(Please ensure that you have used the latest available data.)

3.2(d)(v)

Data are related to 2007 and the first eight months of 2008. SOURCE: Montenegrin Agency for tobacco

14

4. Taxation

4.1 Please state the rates of taxation for tobacco products at all levels of Government and be as specific as possible (specify the type of tax, e.g. VAT, sales, import duties)

(Please refer to Article 6.3.)

Product Type of tax Rate or amount Base of the tax6

cigarettes customs cigarettes and cigars customs finely cut tobacco customs

Smoking tobacco

products

Add product dr.duvan za pušenje customs

cigarettes specific excise cigarettes and cigars specific excise finely cut tobacco specific excise

Smokeless tobacco

products

Add product other smoking tobacco specific excise

Other tobacco products

Add product

Please attach the relevant documentation in one of the six official languages, if available.

(Please refer to Article 6.3.)

6 The ‘base of the tax’ should clearly indicate on what the tax rate or amount is based. If the tax is expressed as a percentage, the base of the tax is the actual value of the good that is taxed. For example, a sales tax that is applied at the final stage of distribution will be calculated on top of those taxes that have previously been levied. If the tax is expressed as an amount, then the base of the tax is the volume of goods that is taxed. For example, if a tax is US$5 per 100 cigarettes, the amount of tax is US$5 and the base of the tax is 100 cigarettes.

15

4.2 Please provide retail prices for the three most widely sold brands of domestic and imported tobacco products at the most widely used point of sale in your capital city.

(Please refer to Article 6.2(a).)

Most widely sold brands

Smoking tobacco

products

Smokeless tobacco

products, including

snuff and chewing

tobacco (optional)

Number of

units or amount

(e.g. weight) per

package

Retail price

Point 85 99.284 17,50 Lovćen 85 36.611 20,00

Lovćen lux

36.458 25,00

Domestic

Bondo street 227.927 30,00 Marllboro 162.896 70,00

Drina denifine

122.385 25,00

Imported

4.2(a)(i) Please indicate the year and source of the data used to answer questions 4.1 and 4.2:

(Please ensure that you have used the latest available data.)

Data are related to first eight years of 2008.

SOURCE: Agency for tobacco of Montenegro.

4.2(a)(ii) Please provide the currency used to complete the ‘Rate or amount’ section of table 4.1 and the ‘Retail price’ section of question 4.2. Please provide the exchange rate of this currency to US dollars, if known.

Number of units expressed in thousand pieces, and prices in euros per thousand pieces.

16

5. Legislative, executive, administrative and other measures

5.1 Core questions

Note: The measures identified below are not exhaustive, but reflect the spirit and intent of the Convention.

Article Pursuant to Article 21.1(a), have you adopted and implemented legislative, executive, administrative or other measures on any of the following:

(Please check ‘Yes’ or ‘No’. For affirmative answers, please provide a brief summary in the space provided at the end of Section 5 and attach the relevant documentation. Please provide documentation in one of the six official languages, if available and please specify sections of your legislation related to each ‘Yes’ response.)

Price and tax measures to reduce the demand for tobacco 5.1(a) 6.2(b)

by prohibiting or restricting sales to or imports by international travellers of tax- and duty-free tobacco products?

Yes

No

5.1(b) Protection from exposure to tobacco smoke

5.1(b)(i) by protection from exposure to tobacco smoke in indoor workplaces?

Yes No

If you answered ‘Yes’ to question 5.1(b)(i), how comprehensive is the protection from exposure to tobacco smoke in the following indoor

workplaces:

Complete Partial None

• Government buildings?

• health-care facilities?

• educational facilities?

• private workplaces?

5.1(b)(ii)

• other (please specify: )?

5.1(b)(iii)

8.2

by protection from exposure to tobacco smoke in public transport?

Yes No

If you answered ‘Yes’ to question 5.1(b)(iii), how comprehensive is the protection from exposure to tobacco smoke in the following types of public

transport:

Complete Partial None

• airplanes?

5.1(b)(iv)

• trains?

17

5.1 Core questions

Note: The measures identified below are not exhaustive, but reflect the spirit and intent of the Convention.

Article Pursuant to Article 21.1(a), have you adopted and implemented legislative, executive, administrative or other measures on any of the following:

(Please check ‘Yes’ or ‘No’. For affirmative answers, please provide a brief summary in the space provided at the end of Section 5 and attach the relevant documentation. Please provide documentation in one of the six official languages, if available and please specify sections of your legislation related to each ‘Yes’ response.)

• ground public transport (buses, trolleybuses, trams)?

• motor vehicles used as places of work (taxis, ambulances, delivery vehicles)?

• other (please specify: )?

5.1(b)(v) by protection from exposure to tobacco smoke in indoor public places?

Yes No

If you answered ‘Yes’ to question 5.1(b)(v), how comprehensive is the protection from exposure to tobacco smoke in the following indoor public

places:

Complete Partial None

• cultural facilities?

• bars and nightclubs?

• restaurants?

5.1(b)(vi)

• other (please specify: )?

Please provide a brief summary of complete and partial measures below with specific details of the partial measures that have been implemented.

• Protection from exposure to tobacco smoke in indoor workplaces

Article 29 It is permitted to smoke in working areas only in spaces allocated by the employer, which are physically separated from the remaining working area. Article 30Educational establishments are obligated to inform children and youth, through suitable educational programs, about the harmful health effects of tobacco products. The ministry responsible for education in cooperation with the Ministry establishes the education program referred to in Paragraph 1 of this Article. Supervision of carrying out the program referred to in Paragraph 2 of this Article is carried out in accordance with the Law.

5.1(b)(vii)

• Protection from exposure to tobacco smoke in public transport

18

5.1 Core questions

Note: The measures identified below are not exhaustive, but reflect the spirit and intent of the Convention.

Article Pursuant to Article 21.1(a), have you adopted and implemented legislative, executive, administrative or other measures on any of the following:

(Please check ‘Yes’ or ‘No’. For affirmative answers, please provide a brief summary in the space provided at the end of Section 5 and attach the relevant documentation. Please provide documentation in one of the six official languages, if available and please specify sections of your legislation related to each ‘Yes’ response.)

Article 3A ban on limitation of tobacco products, in the sense of this Law, refers to the particular harmful effects of cigarette substances, harmful effects of tobacco products, minors, smoking in public places and work spaces, sale and advertising of tobacco products.Particularly harmful substances of cigarettes are tar, nicotine and carbon monoxide.Article 4A public area is a space intended for communal use, and it includes the areas in facilities in which:1) perform: educational activities, health activities, production, control and circulation of medicines and medicinal devices; provision of accommodation, lodging for children, pupils and students; receiving, accommodating and care of persons who require social welfare and elderly persons; cultural, entertainment, sports and other events, performances and competitions, meetings and other gatherings;2) perform: commercial services and production, warehousing and trade in food products.Public spaces, in the context of Paragraph 1 of this Article are considered as:1) means of public transport such as air and road travel;2) discos, patisseries, bistros, pizza places, and fast food outlets;3) hospitality locations in which food is served;4) means of public transport such as railway travel and internal sailing; airport buildings and establishments for the accommodation of persons serving criminal charges;5) halls and other communal areas of buildings; lifts, cable railway and public toilets.

• Protection from exposure to tobacco smoke in indoor public places

19

5.1 Core questions

Note: The measures identified below are not exhaustive, but reflect the spirit and intent of the Convention.

Article Pursuant to Article 21.1(a), have you adopted and implemented legislative, executive, administrative or other measures on any of the following:

(Please check ‘Yes’ or ‘No’. For affirmative answers, please provide a brief summary in the space provided at the end of Section 5 and attach the relevant documentation. Please provide documentation in one of the six official languages, if available and please specify sections of your legislation related to each ‘Yes’ response.)

Article 23It is prohibited to smoke tobacco products during public media appearances. It is prohibited to publish in print photographs or illustrations of persons smoking. Article 24It is prohibited to smoke in a public area referred to in Article 4, Paragraph 1, Point 1 and Paragraph 2, Point 1, 2 and 5 of this Law. An exception to Paragraph 1 of this Article is a health establishment in which mentally ill persons are accommodated that may determine a space allocated for smokers. Article 25 In public areas according to Article 4, Paragraph 1, Item 2) and Paragraph 2, Item 4) of this Law, smoking is permitted only in areas allocated to smokers, which are specially marked and separated from areas intended for non smokers. An area allocated for smokers cannot be larger than 50% of the entire public space referred to in Paragraph 1 of this Article. An area referred to in Paragraph 2 of this Article, must be equipped with ventilation equipment, ashtrays and prescribed fire prevention equipment. Article 26 In public areas referred to Article 4, Paragraph 2, Point 3 of this Law, in which smoking is permitted, the owner or beneficiary has to allocate a separate space for smokers. In public areas referred to in Paragraph 1 of this Article, the owner, that is, beneficiary of the area determines the size of the area for smokers. For determination of the size of an area referred to in Paragraph 1 of this Article, the limitation referred to Article 25, Paragraph 2 of this Law does not apply. The area allocated for smokers referred to in Paragraph 1 of this Article, must be designated and separated from the area for non-smokers so that ventilation or a room divider prevents the air from mixing. Article 27The owner or beneficiary of the area referred to in Article 4, Paragraph 2, Point 3 of this Law, as well as the employee and owner and beneficiary of another hospitality facility, may completely prohibit smoking in the entire public or working area. In the case referred to in Paragraph 1 of this Article, a sign at the entry of this facility must indicate prohibition. Article 28In public areas in which smoking is not permitted in accordance with this Law, the owner, that is, beneficiary of the area must in a visible manner display smoking is prohibited signs.

Regulation of tobacco product disclosures

requiring manufacturers or importers of tobacco products to disclose to government authorities information about the:

• contents of tobacco products? Yes No

5.1(c) 10

• emissions of tobacco products? Yes No

20

5.1 Core questions

Note: The measures identified below are not exhaustive, but reflect the spirit and intent of the Convention.

Article Pursuant to Article 21.1(a), have you adopted and implemented legislative, executive, administrative or other measures on any of the following:

(Please check ‘Yes’ or ‘No’. For affirmative answers, please provide a brief summary in the space provided at the end of Section 5 and attach the relevant documentation. Please provide documentation in one of the six official languages, if available and please specify sections of your legislation related to each ‘Yes’ response.)

5.1(d) 15 Illicit trade in tobacco products

5.1(d)(i) 15.2 requiring marking of packaging to assist in determining the origin of the product?

Yes No

5.1(d)(ii) 15.2(a) requiring marking of packaging to assist in determining whether the product is legally sold on the domestic market?

Yes No

5.1(d)(iii) 15.3 requiring that marking is presented in legible form or appears in the principal language or languages of the country?

Yes No

5.1(d)(iv) 15.4(b) enacting or strengthening legislation against illicit trade in tobacco products?

Yes No

5.1(d)(v) 15.4(e) enabling the confiscation of proceeds derived from illicit trade in tobacco products?

Yes No

5.1(d)(vi) 15.7 licensing or other actions to control or regulate production and distribution in order to prevent illicit trade?

Yes No

5.1(e) 16 Sales to and by minors

5.1(e)(i) 16.1 prohibiting the sales of tobacco products to minors? If ‘Yes’, please specify the legal age: juvenile untill 18 years of age

Yes No

Prohibiting or promoting the prohibition of the distribution of free tobacco products:

• to the public? Yes No

5.1(e)(ii) 16.2

• to minors? Yes No

5.1(e)(iii) 16.3 prohibiting the sale of cigarettes individually or in small packets?

Yes No

5.1(e)(iv) 16.6 providing for penalties against sellers and distributors in order to ensure compliance?

Yes No

21

5.1 Core questions

Note: The measures identified below are not exhaustive, but reflect the spirit and intent of the Convention.

Article Pursuant to Article 21.1(a), have you adopted and implemented legislative, executive, administrative or other measures on any of the following:

(Please check ‘Yes’ or ‘No’. For affirmative answers, please provide a brief summary in the space provided at the end of Section 5 and attach the relevant documentation. Please provide documentation in one of the six official languages, if available and please specify sections of your legislation related to each ‘Yes’ response.)

5.1(e)(v) 16.7 prohibiting the sales of tobacco products by minors?

Yes No

19 Liability 5.1(f)

19.1 dealing with criminal and civil liability, including compensation where appropriate?

Yes No

22

5.2 Optional questions

Note: Responses to these questions were not required at the time of Group 1 reports, but may be answered at this time, if applicable.

Article Have you adopted and implemented legislative, executive, administrative or other measures on any of the following:

(Please check ‘Yes’ or ‘No’. For affirmative answers, please provide a brief summary in the space provided at the end of the table and attach the relevant documentation. Please provide documentation in one of the six official languages, if available and please specify sections of your legislation related to each ‘Yes’ response.)

5.2(a) Regulation of the contents of tobacco products

5.2(a)(i) testing and measuring the contents of tobacco products?

Yes No

5.2(a)(ii) testing and measuring the emissions of tobacco products?

Yes No

5.2(a)(iii) regulating the contents of tobacco products? Yes No

5.2(a)(iv)

9

regulating the emissions of tobacco products? Yes No

5.2(b) 11 Packaging and labelling of tobacco products

5.2(b)(i) 11.1(a) requiring that packaging and labelling do not promote a product by any means that are false, misleading, deceptive or likely to create an erroneous impression about its characteristics, health effects, hazards or emissions?

Yes No

5.2(b)(ii) 11.1(b) requiring that packaging and labelling also carry health warnings describing the harmful effects of tobacco use?

Yes No

5.2(b)(iii) 11.1(b)(i) ensuring that the health warnings are approved by the competent national authority?

Yes No

5.2(b)(iv) 11.1(b)(ii) ensuring that the health warnings are rotating? Yes No

5.2(b)(v) 11.1(b)(iii) ensuring that the health warnings are large, clear,

visible and legible? Yes No

5.2(b)(vi) ensuring that the health warnings occupy no less than 30% of the principal display areas?

Yes No

5.2(b)(vii)

11.1(b)(iv)

ensuring that the health warnings occupy 50% or more of the principal display areas?

Yes No

23

5.2 Optional questions

Note: Responses to these questions were not required at the time of Group 1 reports, but may be answered at this time, if applicable.

Article Have you adopted and implemented legislative, executive, administrative or other measures on any of the following:

(Please check ‘Yes’ or ‘No’. For affirmative answers, please provide a brief summary in the space provided at the end of the table and attach the relevant documentation. Please provide documentation in one of the six official languages, if available and please specify sections of your legislation related to each ‘Yes’ response.)

5.2(b)(viii) 11.1(b)(v) ensuring that health warnings are in the form of,

or include, pictures or pictograms? Yes No

5.2(b)(ix) 11.2 requiring that packaging and labelling contain information on relevant constituents and emissions of tobacco products?

Yes No

5.2(b)(x) 11.3 requiring that the warnings and other textual information appear on each unit packet and package and on any outside packaging and labelling in the principal language or languages of the country?

Yes No

5.2(c) 13 Tobacco advertising, promotion and sponsorship

5.2(c)(i) instituting a comprehensive ban of all tobacco advertising, promotion and sponsorship?

Yes No

5.2(c)(ii)

13.2

If you answered ‘Yes’ to question 5.2(c)(i), does the ban include a ban on cross-border advertising, promotion and sponsorship originating from your territory?

Yes No

5.2(c)(iii) 13.3 If you answered ‘No’ to either of the above

questions, 5.2(c)(i) or 5.2(c)(ii), are there restrictions on cross-border advertising, promotion and sponsorship originating from your territory with cross-border effects?

Yes No

If you answered ‘Yes’ to question 5.2(c)(i), please proceed directly to question 5.3.

5.2(c)(iv) 13.3 applying restriction, in the absence of a comprehensive ban, on all tobacco advertising, promotion and sponsorship?

Yes No

24

5.2 Optional questions

Note: Responses to these questions were not required at the time of Group 1 reports, but may be answered at this time, if applicable.

Article Have you adopted and implemented legislative, executive, administrative or other measures on any of the following:

(Please check ‘Yes’ or ‘No’. For affirmative answers, please provide a brief summary in the space provided at the end of the table and attach the relevant documentation. Please provide documentation in one of the six official languages, if available and please specify sections of your legislation related to each ‘Yes’ response.)

5.2(c)(v) 13.4(a) prohibiting all forms of tobacco advertising, promotion and sponsorship that promote a tobacco product by any means that are false, misleading, deceptive or likely to create an erroneous impression about its characteristics, health effects, hazards or emissions?

Yes No

5.2(c)(vi) 13.4(b) requiring that health or other appropriate warnings or messages accompany all tobacco advertising, promotion and sponsorship?

Yes No

5.2(c)(vii) 13.4(c) restricting the use of direct or indirect incentives that encourage the purchase of tobacco products by the public?

Yes No

5.2(c)(viii) 13.4(d) requiring the disclosure to relevant governmental authorities of expenditures by the tobacco industry on advertising, promotion and sponsorship not yet prohibited?

Yes No

5.2(c)(ix) 13.4(e) restricting tobacco advertising, promotion and sponsorship on radio, television, print media and other media, such as the Internet?

Yes No

5.2(c)(x) 13.4(f) prohibiting or restricting tobacco sponsorship of international events, activities or participants therein?

Yes No

If you have any additional legislation or other measures not covered in Section 5, you may provide additional details below:

5.3

Taking into account question 5.2. (c)(vi) and question 5.2. (c)(viii), as well as other questions for which answers are not provided, we would like to add that Law on the restriction of the use of tobacco products in Montenegro does not restrict but utterly forbids any media advertising, promoting and sponsorship of tobacco products, the use of direct or indirect measures for actuating tobacco products purchase.

25

6. Programmes and plans

6.1 Core questions

Note: The measures identified below are not exhaustive, but reflect the spirit and intent of the Convention.

Article

6.1(a) 5 General obligations

6.1(a)(i) 5.1 Have you developed and implemented comprehensive multisectoral national tobacco control strategies, plans and programmes in accordance with the Convention?

Yes No

If you answered ‘Yes’ to question 6.1(a)(i), please go directly to question 6.1(a)(iv).

6.1(a)(ii) 5.1 If you answered ‘No’ to question 6.1(a)(i), have you partially developed and implemented tobacco control strategies by including tobacco control in national health, public health or health promotion strategies plans and programmes?

Yes No

If you answered ‘Yes’ to question 6.1(a)(ii), please go directly to question 6.1(a)(iv).

6.1(a)(iii) 5.1 If you answered ‘No’ to question 6.1(a)(ii), is any aspect of tobacco control that is referred to in the Convention included in any national strategy, plan or programme?

Yes No

If you answered ‘No’ to question 6.1(a)(iii), please go to Section 7.

26

6.1 Core questions

Note: The measures identified below are not exhaustive, but reflect the spirit and intent of the Convention.

Article Do these strategies, programmes and plans cover any of the following:

(Please check ‘Yes’ or ‘No’. For affirmative answers, please provide a brief summary in the space provided at the end of the table and attach the relevant documentation. Please provide documentation in one of the six official languages.)

6.1(a)(iv) a national coordinating mechanism for tobacco control?

Yes No

If you answered ‘Yes’ to question 6.1(a)(iv), what is the nature of the national coordinating mechanism?

• a tobacco control unit within the Government Yes No

• a tobacco control unit within the Ministry of Health

Yes No

• a tobacco control unit within another agency affiliated with the Ministry of Health

Yes No

• a national or federal agency that is solely responsible for tobacco control

Yes No

6.1(a)(v)

5.2(a)

• other (please specify: ) Yes No

6.1(a)(vi) a focal point for tobacco control? Yes No

If you answered ‘Yes’ to question 6.1(a)(vi), to which institution does the focal point belong?

• the Ministry of Health Yes No

• a national tobacco control agency Yes No

• a national reference centre for tobacco control Yes No

• a national resource centre for tobacco control Yes No

6.1(a)(vii)

• other (please specify: ) Yes No

27

6.1 Core questions

Note: The measures identified below are not exhaustive, but reflect the spirit and intent of the Convention.

Article Do these strategies, programmes and plans cover any of the following:

(Please check ‘Yes’ or ‘No’. For affirmative answers, please provide a brief summary in the space provided at the end of the table and attach the relevant documentation. Please provide documentation in one of the six official languages.)

6.1(a)(viii) 5.3 protection of policies from the commercial and other vested interests of the tobacco industry?

Yes No

6.1(b) 12 Education, communication, training and public awareness

6.1(b)(i) broad access to effective and comprehensive educational and public-awareness programmes on the health risks including the addictive characteristics of tobacco consumption and exposure to tobacco smoke?

Yes No

If you answered ‘Yes’ to question 6.1(b)(i), at whom are these programmes targeted?

• adults or the general public Yes No

6.1(b)(ii)

12(a)

• children and youth Yes No

public awareness about the:

• health risks of tobacco consumption? Yes No

• health risks of exposure to tobacco smoke? Yes No

6.1(b)(iii) 12(b)

• benefits of the cessation of tobacco use and tobacco-free lifestyles?

Yes No

6.1(b)(iv) 12(c) public access to a wide range of information on the tobacco industry?

Yes No

6.1(b)(v) 12(e) awareness and participation of public and private agencies and nongovernmental organizations not affiliated with the tobacco industry in developing and implementing intersectoral programmes and strategies for tobacco control?

Yes No

6.1(c) 14 Demand reduction measures concerning tobacco dependence and cessation

6.1(c)(i) 14.1 developing and disseminating appropriate, comprehensive and integrated guidelines based on scientific evidence and best practices?

Yes No

28

6.1 Core questions

Note: The measures identified below are not exhaustive, but reflect the spirit and intent of the Convention.

Article Do these strategies, programmes and plans cover any of the following:

(Please check ‘Yes’ or ‘No’. For affirmative answers, please provide a brief summary in the space provided at the end of the table and attach the relevant documentation. Please provide documentation in one of the six official languages.)

6.1(c)(ii) 14.1 taking effective measures to promote cessation of tobacco use and adequate treatment for tobacco dependence?

Yes No

6.1(c)(iii) 14.2(d) facilitation of accessibility and affordability for treatment of tobacco dependence including pharmaceutical products?

Yes No

6.1(d) 17 Provision of support for economically viable alternative activities

promotion of economically viable alternatives for:

• tobacco workers? Yes No

• tobacco growers? Yes No

• individual sellers? Yes No

6.1(e) 20 Research, surveillance and exchange of information

research that addresses:

• the determinants and consequences of tobacco consumption?

Yes No

• the determinants and consequences of the exposure to tobacco smoke?

Yes No

6.1(e)(i)

20.1(a)

• the identification of alternative crops? Yes No

updated data from national surveillance programmes in respect of:

• tobacco consumption? Yes No

6.1(e)(ii) 20.4(b)

• related social, economic and health indicators? Yes No

6.1(f) Please provide a brief summary about what your strategies, plans and programmes on tobacco control cover in the space below.

29

6.1 Core questions

Note: The measures identified below are not exhaustive, but reflect the spirit and intent of the Convention.

Article Do these strategies, programmes and plans cover any of the following:

(Please check ‘Yes’ or ‘No’. For affirmative answers, please provide a brief summary in the space provided at the end of the table and attach the relevant documentation. Please provide documentation in one of the six official languages.)

U Crnoj Gori je 2003. godine definisana Strategija za kontrolu duvana,

The basic conception orientation

The basic conception orientation

The Strategy aims and targeted groups

The leading principles

Priorities identification

The activities

The institutional frame – The subjects for the base of the strategic approach

The terms of time

The financing

Performing of the activities from the Action plan of the Strategy for smoking control

The monitoring and evaluation.

2.5. The Activities for the Strategy realization

- The defining of measures and activities for healthy life styles promotion,

- The defining of the measures and activities that would be the cause of the decrease of the incidence and the prevalence of smoking among the population, especially among children and the young, then among women, and among other vulnerable categories;

-The defining of the oriented programs, effective for children, that is to say, programs of smoking prevention in elementary schools with the aim of stopping the start of smoking among children;

- The defining of the measures and the activities that would cause the decrease of the exposure to the influence of smoking of all population groups, and especially of children and adolescents, and ill ones as well;

-The defining of the measures and the activities with the aim of decrease of morbidity and mortality rate from the diseases caused by smoking, what would contribute to preservation and improvement of the population;

- The coordination and cooperation of the experts in the institutions and NGOS in smoking control;

- The research about the range of smoking and the negative effects of smoking among the population of Montenegro, in population groups in which we do not have the data about the smoking prevalence (smoking prevention among health workers and other) and regular population informing about the movement of the smoking epidemiology and diseases that are formed as consequences of this habit, where the cooperation with media is very important;

-The securing of possibility for public to reach information for all relevant aspects of protection from smoking and tobacco smoke.

30

6.2 Optional questions

Article Do these strategies, programmes and plans cover any of the following:

(Please check ‘Yes’ or ‘No’. For affirmative answers, please provide a brief summary in the space provided at the end of the table and attach the relevant documentation. Please provide documentation in one of the six official languages.)

6.2(a) 12 Education, communication, training and public awareness

appropriate training or sensitization and awareness programme on tobacco control addressed to:

• health workers? Yes No

• community workers? Yes No

• social workers? Yes No

• media professionals? Yes No

• educators? Yes No

• decision-makers? Yes No

• administrators? Yes No

6.2(a)(i) 12(d)

• other (please specify: )? Yes No

6.2(a)(ii) 12(f) public awareness of and access to information regarding the adverse health, economic and environmental consequences of tobacco production and consumption?

Yes No

6.2(b) 14 Demand reduction measures concerning tobacco dependence and cessation

design and implementation of programmes aimed at promoting the cessation of tobacco use, in such locations as:

• educational institutions? Yes No

• health-care facilities? Yes No

• workplaces? Yes No

• sporting environments? Yes No

6.2(b)(i) 14.2(a)

• other (please specify: )? Yes No

31

6.2 Optional questions

Article Do these strategies, programmes and plans cover any of the following:

(Please check ‘Yes’ or ‘No’. For affirmative answers, please provide a brief summary in the space provided at the end of the table and attach the relevant documentation. Please provide documentation in one of the six official languages.)

6.2(b)(ii) 14.2(b) diagnosis and treatment of tobacco dependence and counselling services for cessation of tobacco use in national health and education programmes, plans and strategies, with the participation of health workers, community workers and social workers?

Yes No

6.2(b)(iii) 14.2(c) establishment in health-care facilities and rehabilitation centres of programmes for diagnosing, counselling, preventing and treating tobacco dependence?

Yes No

6.2(c) 18 Protection of the environment and the health of persons

due regard to the protection of the environment and the health of persons in relation to the environment in respect of tobacco cultivation and manufacture within your territory?

Yes No

6.2(d) 20 Research, surveillance and exchange of information

6.2(d)(i) 20.1(b) training and support for all persons engaged in tobacco control activities, including research, implementation and evaluation?

Yes No

6.2(d)(ii) 20.2 programmes for national, regional and global surveillance of the magnitude, patterns, determinants and consequences of tobacco consumption and exposure to tobacco smoke?

Yes No

a national system for epidemiological surveillance of:

• tobacco consumption? Yes No

6.2(d)(iii) 20.3(a)

• related social, economic and health indicators? Yes No

exchange of publicly available:

• scientific, technical, socioeconomic, commercial and legal information?

Yes No

6.2(d)(iv) 20.4

• information on the practices of the tobacco industry?

Yes No

32

6.2 Optional questions

Article Do these strategies, programmes and plans cover any of the following:

(Please check ‘Yes’ or ‘No’. For affirmative answers, please provide a brief summary in the space provided at the end of the table and attach the relevant documentation. Please provide documentation in one of the six official languages.)

• information on the cultivation of tobacco? Yes No

an updated database of:

• laws and regulations on tobacco control? Yes No

• information about the enforcement of laws and regulations on tobacco control?

Yes No

6.2(d)(v) 20.4(a)

• pertinent jurisprudence? Yes No

Please provide a brief summary about what your strategies, plans and programmes on tobacco control cover in the space below.

6.2(e)

Montenegro is included in the Stability Pact Project "Strengthening the capacities in public health on tobacco control". Within this Project many studies on prevalence, as well as economic and law study have been done in all Member States (which implies Montenegro too), on the basis of which regional reports on mentioned aspects of tobacco movement have been done. These studies include data mentioned in the questions above.

33

7. Technical and financial assistance

Note: The goal of this Section is to assist the Convention Secretariat in facilitating the matching available skills and resources with identified needs.

7.1 Article Pursuant to Article 21.1(c), have you either provided or received financial or technical assistance (be it through unilateral, bilateral, regional, subregional or other multilateral channels, including relevant regional and international intergovernmental organizations and financial and development institutions) for the development and strengthening of multisectoral comprehensive tobacco control programmes of developing country Parties and Parties with economies in transition in any of the following areas:

Assistance

provided

(please give

details below)

Assistance

received

(please give

details below)

7.1(a) 22.1(a) development, transfer and acquisition of technology, knowledge, skills, capacity and expertise related to tobacco control?

Yes No Yes No

7.1(b) 22.1(b) provision of technical, scientific, legal and other expertise to establish and strengthen national tobacco control strategies, plans and programmes?

Yes No Yes No

7.1(c) 22.1(c) appropriate training or sensitization programmes for appropriate personnel in accordance with Article 12?

Yes No Yes No

7.1(d) 22.1(d) provision of the necessary material, equipment and supplies, as well as logistic support, for tobacco control strategies, plans and programmes?

Yes No Yes No

7.1(e) 22.1(e) identification of methods for tobacco control, including comprehensive treatment of nicotine addiction?

Yes No Yes No

7.1(f) 22.1(f) promotion of research to increase the affordability of comprehensive treatment of nicotine addiction?

Yes No Yes No

If you answered ‘Yes’ to any of the questions under 7.1, please identify the Party or Parties from which assistance was received or to which assistance was provided.

7.1(g)

World Health Organization, Stability Pact, Canadian Public Health Association, Institute of Public Health of Montenegro, Ministry of Health of the Government of Montenegro

7.1(h) Please provide information about any assistance provided or received in the space below.

34

WHO assisted Montenegro in tobacco control providing logistics assistance in the realization of activities. WHO assisted in the process of creating, planning and coordinating, as well as presenting the activities implemented in tobacco control. Furthermore, during 4 years, WHO provided financial assistance in printing one part of the material on the occasion of celebrating International Day of the fight against smoking - May 31, and every year it sends electronic version of the material on the topic of celebrating this day. Material on the topic of tobacco control produced by WHO, was available, and WHO provided attendance at the conferences of coordinators for tobacco control. WHO provided technical and financial assistance for the realization of research of smoking prevalence in young population. Moreover, WHO coordinated in the Project “Strengthening the capacities in public health on tobacco control".

Stability Pact , through mentioned Project, financially and professionally assisted realizations of national conferences, technically assisted work on tobacco control activities (office equipping, report printing, literature sending, communications), provided attendance of national commissions at meetings, educations and other gatherings included in the Member States Project. Canadian Public Health Association provided translation of the poster text "mannequin" in Montenegrin language and printing, as well as some activities (T-shirt production with details of the celebration of May 31) for the celebration of International day of the fight against smoking during 2005. Every year, Institute of Public Health provides production of the material (translation and printing) on the occasion of celebration of May 31. Ministry of Health of Montenegro supports all the activities in tobacco control, monitors their realization, primarily through Commission for tobacco control, formed by this Ministry.

If you have not received or provided assistance in any of the aforementioned areas, please identify any financial or technical assistance that may be under consideration, if appropriate.

7.1(i)

Assistance

provided (please

give details below)

Assistance

received (please

give details

below)

7.2 Pursuant to Article 21.3, have you either provided or

received financial or technical assistance to support

developing country Parties and Parties with economies in

transition in meeting reporting obligations?

Yes No Yes No

If you answered ‘Yes’ to question 7.2, please identify the Party or Parties from which assistance was received or to which assistance was provided.

7.2(a)

SZO

If you have not received or provided assistance, please identify any financial or technical assistance that may be under consideration.

7.2(b)

7.3 Have you identified any specific gaps between the resources

available and the needs assessed, for the financial and

technical assistance provided or received?

Yes No

WHO provided and provides technical assistance by education for reporting and by creation and making forms for report production available.

8. Priorities for implementation of the WHO Framework Convention on

Tobacco Control

35

8. Priorities for implementation of the WHO Framework Convention on

Tobacco Control

8.1 What are the priorities implementation of the WHO Framework Convention on Tobacco Control in your jurisdiction? (Please refer to Article 21.1(b).)

- Full combat against illegal sale of tobacco products;

- Conduct of adequate tax policy.

- Application of measures for population prevention from the influence of passive smoking

8.2 What, if any, are the constraints or barriers you have encountered in implementing the Convention? (Please refer to Article 21.1(b).)

What is taken into consideration is the problem of the application of measures for restricting the use of tobacco products due to the lack of resources. Firstly, the problem is in monitoring of Law enforcement. Namely, monitoring of the application is done by inspection bodies, the number of which is very small on the territory of Montenegro, and they are not able to fully realize measures for prohibition of tobacco products use in accordance with Law. Besides, public spaces, in which the use of tobacco products is restricted by Law, are not technically equipped for the application of measures for restricting the use of tobacco products.

We are still not in a position to apply measures for control the structure of tobacco products, because of the lack of technical equipment.

9. Additional comments

Please provide any relevant information not covered elsewhere that you feel is important.

10. Questionnaire feedback

Please provide input for the Group 2 questionnaire.

End of reporting instrument