PRESENTATION OF MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 15– Energy Bilateral screening: Chapter 15 PRESENTATION OF MONTENEGRO Brussels, 10-11 April 2013

Ministry of Sustainable Development and Tourism Chapter 15: Energy Nuclear Safeguards Tamara Đurović Ministry of Sustainable Development and Tourism tamara.djurovic@mrt.gov.me M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy TEAM Ministry of Sustainable Development and Tourism Tamara Đurović, physicist Slavica Braunović, lawyer Maja Raičević, lawyer Environmental Protection Agency Slavko Radonjić, physicist Nataša Bjelica, Spec med.nucl physicist Directorate for Inspection Supervision Vesna Bigović, physicist Ministry of Internal Affairs Vesna Burić, physicist Clinical Centre of Montenegro Sonja Ivanović, physicist, MSc L.T.D.” Center for Ecotoxicological Testing” Tomislav Anđelić, physicist Nikola Svrkota, physicist, MSc Chapter 15: ENERGY M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

TRANSPOSITION Chapter 15: Energy Regulatory framework infrastructure is established for Safegurads system (legislation, inspection, sanctions, accounting) in order to make certain that nuclear materials are not diverted from intended uses. Law on Ionizing Radiation Protection and Radiation Safety ("Official Gazette of Montenegro", No. 56/09, 58/09, 40/11); Law on Inspection Supervision ("Official Gazette of Montenegro", No. 5/8, 40/11); Decision on the requirements for trading and use of nuclear materials and the way of record keeping of nuclear materials by material balance zones (“Official Gazette of the FRY”, No. 42/97); Law on transport of dangerous goods ("Official Gazette of Montenegro", No. 5/8, 40/11); Law on export control of dual-use goods ("Official Gazette of Montenegro", no. 30/12) (Directive 2009/428/CFSP) M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

TRANSPOSITION (2) Chapter 15: Energy Decision on the establishment of national control lists dual-use goods ("Official Gazette of Montenegro", no. 44/11) Decision on the checklist for the import, export and transit of goods ("Official Gazette of Montenegro", No. 15/12) Law ratifying the Agreement on Non-proliferation of Nuclear Weapons (Official Gazette of SFRY 010/70-313; Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and under Water (Official Gazette of FRY 011/63-580) ; Decree ratifying the Treaty Banning the Emplacement of Nuclear and Other Mass Destruction Weapons on and in the Sea Bed and Ocean Floor (Official Gazette of FRY 033/73-957); Treaty on the Comprehensive Ban on Nuclear Tests with the Protocol (Official Gazette of Serbia and Montenegro 4/04-3); Agreement on the Privileges and Immunities of the IAEA (in effect as of 30.10.2006, by succession on 21.03.2007); M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy TRANSPOSITION (3) Decree on the Organization and Operation of the State Administration (“Official Gazette of Montenegro”, No. 05/12, 25/12, 61/12); Criminal Code (Official Gazette of the Republic of Montenegro, No. 70/03, 47/06 and “Official Gazette of Montenegro” , No. 40/08, 25/10 and 32/11); Law on Criminal Liability of Legal Persons (“Official Gazette of Montenegro”, No. 02/07 No. 02/07, 13/07, 73/10, 30/12); Law on Misdemeanors (“Official Gazette of Montenegro”, No,.01/11, 06/11, 39/11); Law on General Administrative Procedure ("Official Gazette of Montenegro", No. 60/03, 73/10, 32/11); M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Transposition – chronology tree Chapter 15: Energy Transposition – chronology tree Montenegro became a member of ITDB in 2006; In the context of the adoption of legal instruments in the field of action of the International Atomic Energy Agency, the Government of Montenegro has adopted a conclusion on the signing of the Agreement on Safeguards with additional protocols on 18 of October 2007 which are presenting an integral part of the legal framework established by the Treaty on the Non-Proliferation of Nuclear Weapons ("Official Gazette of SFRY" No. 010/70-313 );     In relation with article III, paragraph 1 of the Law ratifying the Treaty on Non-proliferation of Nuclear Weapons, the Government of Montenegro signed Safeguard Agreement, Additional Protocol and Protocol on Small Quantaties with International Atomic Energy Agency on 26 of May 2008 (INFCIRC 814). Ministry of Sustainable Development and Tourism started preparation of the above mentioned acts for ratification process; EPA became operational in May 2009; Law 2009 was adopted. Law ratifying the Agreement between Montenegro and the International Atomic Energy Agency on the implementation of safeguard measures in relation to the Agreement on Non-proliferation of Nuclear Weapons, Additional Protocol to the Agreement between Montenegro and the International Atomic Energy Agency on the implementation of safeguard measures in relation to the Agreement on Non-proliferation of Nuclear Weapons and the Protocol to the Agreement between Montenegro and the International Atomic Energy Agency on the implementation of safeguard measures in relation to the Agreement on Non-proliferation of Nuclear Weapons (Official Gazette of Montenegro – International Treaties 16/10 of 28.12.2010) - INFCIRC/193 and INFCIRC/193/Add8 20062007 2008 2009 2010 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

CURRENT STATUS Chapter 15: Energy Montenegro does not have any nuclear facility generating nuclear power, nor any research reactor or isotope generating reactors, and thus neither the spent fuel facilities and does not have plans to have it in accordance to the Energy Development Strategy of Montenegro until 2025 year, which was adopted in December 2007; In addition, provisions from Article 17 and 19 of Law on Ionizing Radiation Protection and Radiation Safety (“Official Gazette of Montenegro”, No. 56/09, 58/09), among others, prohibited: construction of nuclear power plants, plants for production of nuclear fuel and utilization of spent nuclear fuel, research with the aim of production and usage of nuclear weapons, usage of radioactive and nuclear materials for manufacturing of weapons of mass destruction, as well as trade (export, import, transit) of nuclear materials on the territory of Montenegro; No iterest for supply of ores and nuclear fuels; However, Montenegro declared source material (calibration sources);   M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Implementation – chronology tree Chapter 15: Energy Implementation – chronology tree Ministry of Sustainable Development and Tourism, as the competent institution, in cooperation with other relevant institutions, prepared the First National Report and Declarations of Nuclear Materials (Government of Montenegro adopted on its session on 22 of December 2011); Necessery opinions of relevant institutions on implementation provisions were provided to the Government; On 2011 and 2012 bilaterals meeting were held with Department of safeguards of IAEA in Vienna; Internation cooperation with EC (IPA 2007), IAEA and OSCE (2011)   The Government of Montenegro adopted the Second National Report and Declarations of Nuclear Materials , on its session on 10 of May 2012 As a follow up to this reports, the International Atomic Energy Agency in relation to the Article 71 of this Agreements, in period of 12-14th of November 2012, has conducted ad hoc inspection, according to which inspectors of IAEA with attendance of ecological inspection and representative of the Ministry of Sustainable Development and Tourism, confirmed inventory data on nuclear materials provided by Montenegro as accurate. The Government of Montenegro adopted the Third National Report and Declaration of Nuclear Materials in Montenegro on 14 of March 2013 with new numeration of declaration confirmed with IAEA Safgurads inspectors and Director 2011 2012 2012 2013 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy In order to have better understanding and knowledge scientific visit to Czech Regulatory Body was organised for representatives of the Ministry and EPA in October 2011, trough IAEA support. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Chapter 15: Energy Chapter 15: ENERGY

Uranium mine - Dolni Rozinka, October 2011

Competent Authorities Chapter 15: Energy Competent Authorities Ministry of Sustainable Development and Tourism Ministry of Economy Ministry of Internal Affairs Directorate for Inspection Supervision Environmental Protection Agency M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

Administrative capacities Chapter 15: Energy Administrative capacities Ministry of Sustainable Development and Tourism 1 employee Ministry of Economy 6 employees 1 employee + Police Ministry of Internal Affairs Directorate of Police Environmental Protection Agency 5 employees Directorate of Inspection Supervision 1 employee M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

CONCLUSIONS Chapter 15: Energy Regulatory framework infrastructure is established for Safegurad system (inspection, sanctions, accounting) in order to make certain that nuclear materials are not diverted from intended uses. IMPLEMENTATION Human resources There is a need for establishment of training center in order to strenghten the administrative capacities THE MAIN CHALLENGES The main implementation challenges are related to significant investments in increasing of employees, trainings and equipment supply M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 15: ENERGY

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