1 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 31 – Foreign, security and defence policy Bilateral screening: Chapter 31 PRESENTATION OF MONTENEGRO Brussels, 27 June 2013

Foreign, security and defence policy 2 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31 Chapter 31: Foreign, security and defence policy INSTITUTIONS AND INTER-INSTITUTIONAL RELATIONS Dražen Božović Head of Verification Centre Ministry of Defence Kadrija Kurpejović Ministry of Economy

Foreign, security and defence policy OUTLINE OF THE PRESENTATION  INSTITUTIONAL FRAMEWORK 1.The Constitution, laws and secondary legislation 2.Institutions in charge of foreign, security and defence policy a)THE PARLIAMENT b)THE PRESIDENT c)THE GOVERNMENT d)DEFENCE AND SECURITY COUNCIL e)THE NATIONAL SECURITY AGENCY f)PROSECUTOR’S OFFICE AND COURTS  INTER-INSTITUTIONAL COOPERATION  CHALENGES AND MEASURES REVIEW 3 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31 Chapter 31: Foreign, security and defence policy

INSTITUTIONAL FRAMEWORK 1.The Constitution, laws and secondary legislation Management of the national security system is regulated by the Constitution of Montenegro, respective laws and secondary legislation for their implementation. The Constitution Law on Foreign Relations Law on Defence Law on the Armed Forces Law on the National Security Agency National security strategy of Montenegro Derfence strategy of Montenegro 4 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31 Chapter 31: Foreign, security and defence policy

INSTITUTIONAL FRAMEWORK 2. Institutions in charge of foreign, security and defence policy The main elements of the national security system are: the Parliament of Montenegro, the President of Montenegro, Government of Montenegro, Security and Defence Committee, security forces (Army and Police), forces to act in emergency situations, National Security Agency and Prosecution Office and Courts. a) THE PARLIAMENT b) THE PRESIDENT c) THE GOVERNMENT d) DEFENCE AND SECURITY COUNCIL e) SECURITY FORCES (ARMY AND POLICE) f) FORCES TO ACT IN EMERGENCIES g) NATIONAL SECURITY AGENCY h) PROSECUTOR’S OFFICE AND COURTS 5 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31 Chapter 31: Foreign, security and defence policy

INSTITUTIONAL FRAMEWORK a)THE PARLIAMENT OF MONTENEGRO The competencies of the Parliament (the Constitution of Montenegro– 82): - Adopts the Constitution, laws and other regulations and general acts (decisions, resolutions, declarations, recommendations) - Declares state of war; - Adopts national Security Strategy and Defence Strategy; - Exercises control over Armed Forces and security services; - Ratifies international treaties; Parliamentary bodies in charge of VBOP: - Security and Defence Committee; - Committee on International Relations and Emigrants ; - Committee on European Integration; The Parliament of Montenegro is responsible for providing legal presumptions for functioning of defence and security sector 6 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31 Chapter 31: Foreign, security and defence policy

INSTITUTIONAL FRAMEWORK b) THE PRESIDENT - Competencies of the President of Montenegro Reprsents the Republic in the country and abroad, Commands the Army pursuant to Defence and Security Council decisons and decides on its use, in accordance with the law Promulgate laws by ordinance, Chairs the Defence and Security Council, Appoints and recalls ambassadors and heads of diplomatic missions of Montenegro abroad, at the proposal of the Goverment and upon receiving the opinion of the Parliamentary committee responsible for international relations; Receives letters of credence and letters of recall from foreign diplomatic representatives Performs all other duties in accordance with the Constitution 7 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31 Chapter 31: Foreign, security and defence policy

INSTITUTIONAL FRAMEWORK c) THE GOVERNMENT Competencies of the Government of Montenegro The Government of Montenegro establishes and conducts internal, foreign and defence policy by: 1) proposing National Security Strategy, Defence Strategy and respective laws ; 2) National Security Strategy implementation; 3) monitoring the state of national security; 4) adopting decree laws during emergency situations or wars, if the Parliament of Montenegro is unable to meet ; 5) determining the organization of work of the state administration bodies in the case of emergency situations or wars; 6) concluding and ensuring the implementation of international treaties and agreements in the field of national security and compatibility of national laws with international documents; 7) providing material and financial resources for the National Security System needs and required level of operational and combat capabilities of security forces. Pursuant to defence planning documents and provisions of specific regulations, the Government, regulates, coordinates and controls defence preparations of all state administration bodies. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31 Chapter 31: Foreign, security and defence policy

INSTITUTIONAL FRAMEWORK c) THE GOVERNMENT i.Ministry of Foreign Affairs and European Integration ii.Ministry of Defence iii.Ministry of the Interior iv.Ministry of Economy v.Other ministries, agencies, administrations, advisory bodies and committees 9 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31 Chapter 31: Foreign, security and defence policy

INSTITUTIONAL FRAMEWORK i.Ministry of Foreign Affairs and European Integration Ministry of Foreign Affairs and European Integration is competent government authority to conduct foreign policy. The Ministry coordinates foreign policy and other international activities which are, within their jurisdiction, conducted by state authorities and state administration bodies. The competencies of the Ministry are defined in Law on Foreign Affairs. 10 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31 Chapter 31: Foreign, security and defence policy

INSTITUTIONAL FRAMEWORK Negotiating structure of Montenegro 11 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31 Chapter 31: Foreign, security and defence policy The Head of the State Delegation –MFAEI Deputy Head of the State Delegation– The chief negotiator Deputy Chief Negotiators The Head of Mission of Montenegro to the EU The Secretary of the negotiating group Chief Negotiator Deputy Chief Negotiators The Head of Mission of Montenegro to the EU The Secretary of the negotiating group Working group members in charge of individual negotiating chapters - Legal heritage - Prime Minister Deputy Prime Ministers Minister of MFAEI Chief negotiator Working Group for Preparation of Negotiations on Individual Negotiating Chapters - Legal heritage - Working Group for Preparation of Negotiations on Individual Negotiating Chapters - Legal heritage - Working Group for Preparation of Negotiations on Individual Negotiating Chapters - Legal heritage - The Government of Montenegro State Delegation for Negotiations on Accession of Montenegro to the EU The Parliament of Montenegro Montenegro’s EU negotiating team College for Negotiations on Accession of Montenegro to the EU Office of the Chief Negotiator in Podgorica Office of the Chief Negotiator in Brussels Secretariat of the Negotiating Team

Foreign, security and defence policy INSTITUCTIONAL FRAMEWORK II. MINISTRY OF DEFENCE The Ministry of Defence is the state body responsible for: establishing and executing defence policy, defence system planning, war hazard evaluation, international cooperation in the field of defence, activities in the process of joining the Euro-Atlantic and other regional military-security structures; organization, equipping, armament, development and use of the Armed Forces of Montenegro, as well as other assigned activities. ORGANIZATION Defence policy directorate -Office for Strategic Defence Planning, -Office for International Cooperation, -Office for NATO and EU and -Office for Arms Control – verification Centre Material Resources Directorate Human Resources Directorate 12 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31 Chapter 31: Foreign, security and defence policy

INSTITUTIONAL FRAMEWORK III. Ministry of the Interior - Organizational structure- -Directorate for Security Protection and Control; -Directorate for Administrative Internal Affairs; -International cooperation and European Integration Directorate; -Directorate for Emergency Situations and -Other organizational units Law on State Administration, within Ministry of the Interior there is the Police Department 13 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31 Chapter 31: Foreign, security and defence policy

INSTITUTIONAL FRAMEWORK Ministry of Economy Sector for Multilateral and Regional Trade Cooperation and Economic Foreign relations, DEPARTMENT FOR POLITICS AND FOREIGN TRADE REGIME 14 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31 Chapter 31: Foreign, security and defence policy Ministry of economy as a key link in the system of implementation of the Law on Foreign Trade in Weapons, Military Equipment and Dual-Use Goods (“Official Gazette of Montenegro ”,no.80/08) and Law on Export Control of Dual-Use Goods (“Official Gazette of Montenegro”,no.32/12), in order to promote and strengthen regional network for export control, has been an active participant in regional workshops, provided by the EU in the field of control of export, armament, military equipment and dual- use goods, through BAFA (Federal Office of economic and Export Control). The current EU support has been provided through the following decisions: Council JointAction2008/230/CFSP; Council Decision 2009/1012/CFSP, i Council Decision 2012/711/CFSP Promoting the principles and criteria of the EU Common Position 2008/944/CFSP (former EU Code of Conduct). GOAL Montenegro accepted the criteria at the beginning of 2009

Foreign, security and defence policy INSTITUTIONAL FRAMEWORK IV. Other ministries, agencies and administrations e) National Security Agency – performs national security activities relating to the protection of Ustavom uređenog poretka, security and territorial integrity of Montenegro, constitutionally defined human rights and liberties and other activities of interest to national security; f) Prosecutor’s Office is an independent state agency that performs activities relating to prosecution of criminal offenders, the special public prosecutor is in charge of the organized crime, corruption, fight against terrorism and war crimes; g) Courts render judgment in accordance with the Constitution and laws and ratified and published international agreements; 15 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31 Chapter 31: Foreign, security and defence policy

INSTITUTIONAL FRAMEWORK DEFENCE AND SECURITY COUNCIL Makes decisions on commanding the Armed Forces of Montenegro; Analyzes and assesses the security situation in Montenegro makes decisions about taking adequate measures ; Proposes to the Parliament declaration of war or emergency state; Proposes use of Army in the international forces. Defence and Security Council of Montenegro consists of: the President of Montenegro, the President of the Parliament of Montenegro and the Prime Minister. The President of Montenegro is also the President of the Council. 16 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31 Chapter 31: Foreign, security and defence policy

INTER-INSTITUTIONAL COOPERATION Integrated security management system enables coordination and cooperation of different organizations and institutions which perform common and combine civil, police and military duties on local and state levels in regular, war and emergency situations. Respect for the principle of cooperation -Authorities cooperate in foreign affairs agendas and also in the fields of security and defense polices in accordance with the responsibilities they posses under the Constitution and law. -The cooperation is achieved with beforehand mutual reports and with harmonization of foreign policy, security and defense activities. -In the exercise of foreign affairs under its jurisdiction,authorities communicate with authorities over MFAEI except in the situation of urgency when the direct communication is necessary while informing the Ministry at the same time. 17 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31 Chapter 31: Foreign, security and defence policy

INTER-INSTITUTIONAL COOPERATION Interagency bodies Commission for EU integrations; Groups and subgroups for European integrations; Council for NATO; Commission for inter departmental activities of MNE in PfP; Coordination team for emergency situations management; Operational headquarter for emergency situation management; Coordination team for arms control; -National MNE team for prohibition of chemical weapons; -MNE Coordination team for SLAW reduction; -National Commission for implementation of strategy for prevention and suppression of terrorism, money laundering and terrorism financing. 18 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31 Chapter 31: Foreign, security and defence policy

CHALENGES AND MEASURES REVIEW Challenges concerning resources availability and planned activities Basic resources in the system of national security are human and material. In this regard, planned activities will be focused on improving and further strengthening of available resources on all levels. Training and professional development in order to respond on new security and defense challenges, risks and threats. Strengthening Administrative capacities in the country; Strengthening Administrative capacities abroad, - Ministry of Foreign Affairs will strengthen the MNE mission in EU -MOD will reorganize Military and defense section as a part of MNE mission in NATO (Brussels ) whose representatives will also act as representatives for EBOP in EU and will determine special representatives for EBOP. Strengthening capacities in order to contribute EBOP; civil and military 19 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 31 Chapter 31: Foreign, security and defence policy

20 Thank you for your attention! QUESTIONS