M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 14 – Transport policy Bilateral screening: Chapter 14 PRESENTATION OF MONTENEGRO

Chapter 14: Transport Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport Policy Port State Control Snezana Djurkovic Ministry of transport and maritime affairs

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union CONTENT  Institutional Framework  Legal Framework  Current and Future Activities  Challenges Chapter 14: Transport Policy Chapter 14: Transport policy

Chapter 14: Transport Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport Policy Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control, OJ L 131, , p. 57. Corrigenda Corrigendum to Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control, (Official Journal of the European Union L 131 of 28 May 2009), OJ L 32, , p. 23 Amended by Commission Regulation (EU) No 428/2010 of 20 May 2010 implementing Article 14 of Directive 2009/16/EC of the European Parliament and of the Council as regards expanded inspections of ships, OJ L 125, Commission Regulation (EU) No 801/2010 of 13 September 2010 implementing Article 10(3) of Directive 2009/16/EC of the European Parliament and of the Council as regards the flag State criteria, OJ L 241, Commission Regulation (EU) No 802/2010 of 13 September 2010 implementing Article 10(3) and Article 27 of Directive 2009/16/EC of the European Parliament and of the Council as regards company performance, OJ L 241, R 801/10 EEE, JOL , p.84 Commission Directive 96/40/EC of 25 June 1996 establishing a common model for an identity card for inspectors carrying out port State control, OJ L 196, , p. 8. Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control, OJ L 131, , p. 57. Corrigenda Corrigendum to Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control, (Official Journal of the European Union L 131 of 28 May 2009), OJ L 32, , p. 23 Amended by Commission Regulation (EU) No 428/2010 of 20 May 2010 implementing Article 14 of Directive 2009/16/EC of the European Parliament and of the Council as regards expanded inspections of ships, OJ L 125, Commission Regulation (EU) No 801/2010 of 13 September 2010 implementing Article 10(3) of Directive 2009/16/EC of the European Parliament and of the Council as regards the flag State criteria, OJ L 241, Commission Regulation (EU) No 802/2010 of 13 September 2010 implementing Article 10(3) and Article 27 of Directive 2009/16/EC of the European Parliament and of the Council as regards company performance, OJ L 241, R 801/10 EEE, JOL , p.84 Commission Directive 96/40/EC of 25 June 1996 establishing a common model for an identity card for inspectors carrying out port State control, OJ L 196, , p. 8.

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Institutional Framework Chapter 14: Transport Policy Chapter 14: Transport policy MINISTRY OF TRANSPORT AND MARITIME AFFAIRS HARBOUR MASTER OFFICE BAR 4 INSPECTORS HARBOUR MASTER OFFICE KOTOR 3 INSPECTORS

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Institutional Framework  Decree on Organization and Method of Operation of State Administration stipulates that the Ministry of Transport and Maritime Affairs shall perform authority functions, which inter alias refer to: maritime transport; safety of maritime transport; security protection of merchant ships and ports for international transport; setting indicators, prevention and taking emergency measures in case of sea pollution from vessels; carriage of dangerous goods in maritime transport in accordance with special law; local and international carriage of passengers and goods; facilities of maritime safety; railway, road and maritime economy; safety of maritime navigation; ports; monitoring and studying of economic conditions and economic position of companies in these fields; proposal of measures of current and development policy and analysis of their impact on the position of companies in the field of maritime affairs Chapter 14: Transport Policy Chapter 14: Transport policy

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Institutional Framework  Rulebook on internal organization and job classification of the Ministry of Transport and Maritime Affairs, adopted by the Government of Montenegro, Harbour Master Offices of Bar and Kotor as sections of the Ministry of Transport and Maritime Affairs perform activities that concern: relating to the safety and security of navigation and order in ports; acquiring competences of crew members; performing inspection control of ships and other vessels, crew members, ports, waterways and safety and security navigational facilities Chapter 14: Transport Policy Chapter 14: Transport policy

Chapter 14: Transport Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport Policy NATIONAL LEGISTLATION Rulebook on internal organization and systematization of the Ministry of Transport and Maritime Affairs which is adopted on the April 26th 2013 prescribes conditions that inspectors for safety of navigation have to meet in accordance with the Directive 2009/16/EC Legislation in the field maritime transport is not in line with the Directive 2009/16/EC and its amendments and with the Commission Directive 96/40/EC, These directives will be implemented in the upcoming Law on maritime safety of navigation and its bylaw acts. NATIONAL LEGISTLATION Rulebook on internal organization and systematization of the Ministry of Transport and Maritime Affairs which is adopted on the April 26th 2013 prescribes conditions that inspectors for safety of navigation have to meet in accordance with the Directive 2009/16/EC Legislation in the field maritime transport is not in line with the Directive 2009/16/EC and its amendments and with the Commission Directive 96/40/EC, These directives will be implemented in the upcoming Law on maritime safety of navigation and its bylaw acts.

Chapter 14: Transport Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport Policy NATIONAL LEGISTLATION - NATIONAL LEGISTLATION - Rulebook on internal organization and systematization of the Ministry of Transport and Maritime Affairs which is adopted on the April 26th 2013 prescribes conditions that inspectors for safety of navigation have to meet Higher education in the scope of 240 credits CSPK, the VII1 qualification level of education, three years of experience in management, or other jobs that require independence in their work, passed the exam to work in public administration, English proficiency level of B2, computer skills. Following requirements needed: - At least one year of experience as an Flag State inspector, or at least one year of experience/training gained by participating in inspections of Port State - Authorization of qualification for the position of master of the 3000 GT or higher, or authorization of qualification for the position of chief engineer aboard the complex mechanical drive power of 3,000 kW or more and a minimum of 5 years of maritime experience as well as deck officer or machine officer or an inspector of the Flag State or auxiliary Port State inspectors, of which at least two years of sailing as a deck officer or machine officer. - ability of oral and written communication with the seafarers in the language that is mainly used on board and adequate knowledge of the provisions of international conventions and the relevant procedures in the supervision of the Flag State.

Chapter 14: Transport Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport Policy LEGAL FRAMEWORK LEGAL FRAMEWORK Law on Maritime and Inland Navigation (Official Gazette of the Federal Republic of Yugoslavia 12/98, 44/99, 74/99 and 73/00) and the Law on Maritime and Inland Navigation (Official Gazette of the Republic of Montenegro 19/78, 8/79, 19/87, 22/90 and 13/91) regulate the safety of navigation on the sea of Montenegro, waterways on inland waterways and territorial sea of Montenegro, right of flag, identification and registration of ship, principles of proprietary and legal relationships concerning the ships, ship owners, contractual relations concerning the ships, navigational accidents, procedure of execution and security onboard and applicable law and jurisdiction of courts in Montenegro over the disputes with international characteristics.

Chapter 14: Transport Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport Policy LEGAL FRAMEWORK LEGAL FRAMEWORK The Law on Yachts (Official Gazette of the Republic of Montenegro 46/07) stipulates the following: right of flag, identification and registration of yachts in the Yacht Register, manner of entry, stay and leaving of yachts, as well as rights and obligations in relation to yacht chartering. The Law on Yachts creates a user oriented legal framework for the development of nautical tourism in Montnegro, aimed at comprising all together: registration, navigation, stay and chartering of yachts in the waters of Montenegro. The Law provides a Register, for foreign and domestic yacht owners, which is attractive enough, while maintaining at the same time full implementation of standards of safety and security at sea.

Chapter 14: Transport Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport Policy LEGAL FRAMEWORK LEGAL FRAMEWORK The Law on the Sea (Official Gazette of Montenegro 17/07) regulates the sea and undersea area of Montenegro, as follows: inland waters, territorial sea, exclusive economic zone, epicontinental zone, inward barring, detention and pursuit of ship. The UN Convention on the Law of the Sea, 1982, and the Convention for Protection against Pollution in the Mediterranean Sea, 1996 (Barcelona Convention), were implemented in the Law on the Sea, with the aim to regulate comprehensively all methods of use of sea, exploitation, protection, preservation and quality improvement of sea, sea bottom and undersea.

Chapter 14: Transport Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport Policy LEGAL FRAMEWORK LEGAL FRAMEWORK The Law on Ports (Official Gazette of Montenegro 51/08) regulates: legal status, port categorization, management, charges, concessions, order, inspection control, as well as other issues of relevance to ports in Montenegro. The basic principle of the Law on which the division of functions, responsibilities and rights between government bodies and private sector is defined, is that the port land and infrastructure are the state owned property and by means of long-term concessions, the state grants right to their use to companies which are the owners of supra- structure and provide port services.

Chapter 14: Transport Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport Policy LEGAL FRAMEWORK LEGAL FRAMEWORK The Law on Protection of the Sea against Pollution from Vessels regulate the protection of sea against pollution from the vessels sailing or staying in the inland waterways and territorial sea of Montenegro, and also handling of waste in ports. Becoming aware of the danger threatening the marine environment from pollution from vessels by discharging different goods directly or indirectly via atmosphere, the need to adopt the law, aimed at minimising and to the best possible level removing the pollution of the sea environment, was recognized.

Chapter 14: Transport Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport Policy NATIONAL LEGISTLATION  NATIONAL LEGISTLATION During the reporting period, the inspection in the maritime transport was conducted by four safety inspector under the authority of these laws and regulations Supervision of the implementation of the legislation in the field of security and safety of navigation in international traffic at sea and inland waterways, including the supervision of inspectors of safety of navigation of: - foreign ships in Montenegrin ports, for the protection of persons on board and the environment; - ships that carry international traffic in terms of their ability to sail; implementation of the international regime of ports and harbors in accordance with international obligations, and the state ports and harbors open to international traffic on eligibility for the safety of navigation; - editing and maintenance of waterways in the territorial waters and facilities for navigation safety on these waterways; - performing radio service, which serves safety of navigation in international traffic and the protection of human life at sea and the maintenance and operation of that service.

Chapter 14: Transport Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport Policy LEGAL FRAMEWORK LEGAL FRAMEWORK If navigation safety inspectors, in performing their inspection control, detect deficiencies or irregularities, they shall point out to such findings to the subject of their inspection as a preventive measure, and if necessary, pronounce corrective measure by making “verbal – viva voce” resolution in addition to the minutes – in a summary procedure about the “main point – subject of the procedure”, i.e. duty of the supervised entity to remedy detected irregularities within certain period, and if such irregularities imply direct threat to the lives and health of people and high value property or if protection of other public interest is concerned, the inspectors may also undertake other administrative measures of repressive character, either by means of expanding verbal resolution with various types of bans and/or adopting “conclusion” under the minutes about “process issues”, i.e. about the pronunciation of fines, temporary seizure of the subject for the purpose of collecting evidence, submission of request for instigation of the offence procedure, and should the inspector determine that a punishable or criminal act was committed, then the inspector shall file charges to the relevant public prosecution office for instigation of procedure. In case of adoption of “verbal – viva voce” resolution, the inspector must also adopt written resolution within the relevant period.

Chapter 14: Transport Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport Policy Navigation safety inspectors hold official ID, as evidence of their inspector capacity. In addition, the Rulebook on uniforms and credentials of officers in the harbour master offices stipulates the mandatory obligation of wearing a uniform in the course of performing inspection activities. Within the frameworks of personnel, material-technical, timely, psycho-physical, legal and any other options, the navigation safety inspectors perform inspection control in accordance with the priorities that impose safety and security of navigation, life and property at sea. Notwithstanding, when it is required by special circumstances or in case of absence, i.e. inspector’s longer incapacity to work, the head of inspection body may authorize individual civil servant who fulfils required conditions to perform the activities of inspection control on a temporary basis with all powers, in the course of such circumstances according to the provisions of Law on Inspection Control (Official Gazette of the Republic of Montenegro 39/03 and 76/09).

Chapter 14: Transport Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport Policy CURRENT AND FUTURE ACTIVITIES - CURRENTLY WE ARE DRAFTING THE LAW ON SAFETY OF MARITIME NAVIGATION, WITH WHICH THE DIRECTIVE 2009/16, REGULATION (EU) NO 802/2010 AND DIRECTIVE 96/40 WILL BE FULLY IMPLEMENTED, AND CREATING THE BASE FOR BYLAW ACT TO PRECISELY REGULATE THE PROCEDURE FOR PORT STATE CONTROL INSPECTOR ON FOREIGN SHIPS IN PORT, CRITERIA FOR DETERMINE SHIP RISK, EXTENSIVE INSPECTION, AND ADJUST CERTAIN FORMS AND IDS. - ACTIVITIES TOWARDS BECOMING THE PARIS MOU MEMBER

Chapter 14: Transport Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport Policy At the 44th meeting of the Committee of the Paris Memorandum on Port State Control, which was held from 2nd to 6th May 2011 in Naples, Montenegro was admitted to the Paris Memorandum as an observer state. After the site visit, in november 2011, the monitoring team of the Paris MOU submitted a number of recommendations that Montenegro needs to fulfill in order to become a full member of the Paris Mou. In march 2012, Montenegro submitted the Action Plan for the acceptance in the Paris MOU to the Secretariat, which specifies the activities of maritime authorities in Montenegro to undertake in order to meet these recommendations.  At the 44th meeting of the Committee of the Paris Memorandum on Port State Control, which was held from 2nd to 6th May 2011 in Naples, Montenegro was admitted to the Paris Memorandum as an observer state. After the site visit, in november 2011, the monitoring team of the Paris MOU submitted a number of recommendations that Montenegro needs to fulfill in order to become a full member of the Paris Mou. In march 2012, Montenegro submitted the Action Plan for the acceptance in the Paris MOU to the Secretariat, which specifies the activities of maritime authorities in Montenegro to undertake in order to meet these recommendations.

Chapter 14: Transport Policy M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport Policy  The fulfillment of the Action Plan to join the Paris MoU  To implement all Paris MoU procedures, forms and information system  To employ adequate number of port state control inspectors in accordance with the rulebook Challenges Challenges