According to Serbian Economist, Montenegro is drafting new regulations for home producers of rakija and other spirits as part of its efforts to align its legislation with EU requirements. Even small producers who make the beverage solely for their own consumption will be required to register with the Customs Service and declare their distillation equipment.
The regulations are contained in a draft of the new law. The law is set to take effect after Montenegro joins the European Union.
According to the draft, an individual will be able to produce up to 50 liters of strong fruit-based alcoholic beverage per year per household without paying excise tax. However, such a beverage may only be used for personal consumption, family members, and guests. The sale of homemade rakija under this regime will be prohibited.
A producer planning to produce more than 50 liters per year or sell the beverage will be required to register as a small distillery and pay excise tax. For strong alcoholic beverages, the rate remains at 1,250 euros per hectoliter of pure alcohol. This corresponds to €12.50 per liter of pure alcohol, and for rakia with an alcohol content of about 50%, approximately €6.25 per liter of finished beverage.
The draft also provides for the status of a small distillery. Such a distillery will be able to produce up to 1,500 liters of pure alcohol per year, which is equivalent to approximately 3,000 liters of 50% rakia. A preferential rate—50% of the standard excise tax on spirits—will apply to such producers.
The new rules significantly tighten control over home production. A small producer will be required to submit an application to the local Customs Service office at their place of residence no later than eight days before production begins. The application must specify the capacity of the still and the production location.
If a producer exceeds the 50-liter limit without notifying customs or begins selling the beverage without registration and excise accounting, the entire batch produced will be considered illegal. In this case, the customs authority may assess excise tax on the entire volume, not just the excess over the limit.
Several types of penalties are provided for violations. First, monetary fines for failure to register, failure to submit a notification, exceeding the permitted volume, and selling without excise clearance. The published materials do not provide an exact scale of fines in euros, but indicate that the new law specifically establishes such penalties.
Second, the violator may be charged unpaid excise tax on the entire volume of alcohol produced. Interest will also be charged on the amount of unpaid excise tax.
Third, the Customs Service will be able to seize illegally produced alcohol and decide whether to sell or destroy it. This measure will apply in cases where production is deemed illegal due to exceeding the limit, failure to report, or selling without registration.
Fourth, customs will be able to seal or confiscate equipment used for the production of strong alcoholic beverages. This measure applies if the distillation apparatus is unregistered or is used to produce more than the permitted volume and to sell without excise accounting.
For Montenegro, this issue has not only fiscal but also social significance. Home production of rakija is a widespread tradition in the country’s rural areas and throughout the Balkans. Therefore, the new rules may cause discontent among some households that are accustomed to producing the beverage for personal consumption without a complicated registration process.
The authorities, in turn, aim to make the market more transparent, curb the illegal sale of strong alcohol, and bring the excise system into line with European standards.
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