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 3 – Right of establishment and freedom to provide services Bilateral screening: Chapter 3 PRESENTATION OF MONTENEGRO Brussels, 29. November 2012

2. Working Group for Chapter 3 Right of establishment and freedom to provide services Poglavlje 25 Nauka i istraživanje Bilateral screening: Chapter 3 Presentation of Montenegro Brussels, 29. November 2012 Chapter 3: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications

3. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications Conditions for the performance of the regulated professions Arhitects Presented by Senka Vukčević Indipendent advisor in Ministry for Labor and Social Walfare senka.vukcevic@mrs.gov.me Ljubo D. Stjepčević, arh. dipl. ing. Pero Vukčević, arh. dipl. ing. Engineers Chamber of Montenegro ing.komora@t-com.me M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

4. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications Relevant acquis Celex: 32005L0036 - 2005/36/EC of 07.09.2005 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

5. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications OUTLINE I LEGISLATION FRAMEWORK IIINSTITUTIONAL FRAMEWORK Chapter 3:

6. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union  Law on Spatial Development and Construction of Structures (,,Official Gazette of Montenegro”, No 51/08, 34/11)  Law on Changes and Amendments of Law on Spatial Development and Construction of Structures (“Official Gazette of Montenegro“, No 34/11)  Law on promotion of business environment (,, Official Gazette of Montenegro”, No 40/10)  Rulebook on Programme and Methods of Professional Examination for Performing Tasks in the Field of Spatial Development and Construction of Structures (,, Official Gazette of Montenegro”, No 49/12) I Legislation in Montenegro 1/3 Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications Chapter 3:

7. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union  Rulebook on Methods and Procedures of Issuing and Depriving Licenses and Methods of Keeping the Register of Licenses (,, Official Gazette of Montenegro”, No 68/08)  Rulebook on Conditions and Methods Verifications and Cancellation of Verified Licenses of a Foreign Persons (,, Official Gazette of Montenegro”, No 68/08, 33/11)  Rulebook on Amendments of Rulebook on Conditions and Methods Verifications and Cancellation of Verified Licenses of a Foreign Persons (,, Official Gazette of Montenegro”, No 33/11) I Legislation in Montenegro 2/3 Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications Chapter 3:

8. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union  Regulation of Delegating Part of Duties From Ministry of Sustainable Development and Tourism to the Chamber in the Field of Spatial Development and Construction of Structures (,, Official Gazette of Montenegro”, broj 21/11)  Statute of the Engineers Chamber of Montenegro (No 620/4 from 26th March 2012. )  Rulebook on Reimbursement of the Engineers Chamber of Montenegro ( No 01-3062 from 02th October 2012. )  Ethical Codex ( with changes and amendments) of the Engineers Chamber of Montenegro, from 5th November2009 godine, I Legislation in Montenegro 3/3 Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications Chapter 3:

9. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union The Law shall regulate the system of spatial development of Montenegro, the manner and requirements for construction of structures, as well as other matters of importance for spatial development and construction of structures. (Art. 1) Architectonic profession is defined as activity performed by ”commercial entity”, ”legal person” or ”contractor” in order to gain profit, by providing services: Preparation of Planning documentation, Preparation of Technical documentation, Revision of Technical documentation, Construction of facilities, or individual works on building constructions and technical acceptance of performed works on the facilities Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications Law on Spatial Development and Construction of Structures 1/5 Chapter 3:

10. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union In order to provide professionality and protection of public interest, persons who are working on the spatial development and construction of structures, perscribed by this Law, conditions for performing mentioned works are foreseen. Beside perscribed higher education for (at least four year study programme) as a condition for performing works in the sfere of Architectonic profession, after an expiration of one year (1) period of working experience, obligation for passing professional examination is foreseen. Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications Law on Spatial Development and Construction of Structures 2/5 Chapter 3:

11. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Professional examination which is prescribed as the requirement for performance of activities defined under this Law shall test the knowledge of regulations in the area of spatial development and construction of structures, as well as other regulations of Importance for its application. Ministry competent for affairs of spatial development and construction of structures (hereinafter referred to as: the Ministry) shall prescribe the program and manner of taking professional examination. After a successfuly passed exam, Cerificate will be provided. Person who has passed the professional exam will be registered. Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications Law on Spatial Development and Construction of Structures 3/5 Chapter 3:

12. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications Law on Spatial Development and Construction of Structures 4/5  For Preparation of Planing Documentation following conditions are foreseen:  Authorization for preparation of planning documentation (Art. 83)  Technical documentation may be developed by a business organization, legal entityor entrepreneur registered with the Central Registry of the Commercial Court forperformance of the activity of development oftechnical documentation andwhich meets all requirements prescribed under this Law.  Business organization, must have as employee a responsible designer.  Business organization shall conclude contract for development of certain parts of the technical documentation with another business organization, legal entity or entrepreneur having a responsible designer as employee.  Authorization for a Foreign Person to Develop Planning Documentation  Planning document may also be developed by a foreign person providing that meets the requirements prescribed underArticles 35 and 36 of this Law. Chapter 3:

13. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications Law on Spatial Development and Construction of Structures 5/5  Liability for Damage and Liability Insurance(Art. 71)  Parties to the construction of a structure (investor, business organizations that develop technical documentation, review technical documentation, build the structure, perform professional supervision of the building of structures) shall be liable for direct damage to third parties arising from their work and contracted obligations.  Works on construction of structures  Authorization to construct(Art.106)  The construction of a structure, i.e. Performance of specific works in construction of a structure may be performed by a business organization, legal entity or entrepreneur registered with the Central Register of the Commercial Court to perform construction activities i.e. to perform specific works, provided it fulfills the conditions prescribed by this Law. The business organization, legal entity or entrepreneur referred to in paragraph 1 of thisArticlemusthavea responsibl eengineer employed. Chapter 3:

14. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union  Ministry of Spatial Development and Construction of Structures  Ministry of Labor and Social Care  Ministry of Justice  Engineers Chamber II Institutional Framework Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications Chapter 3:

15. ENGINEERS CHAMBER OF MONTENEGRO 1/3 Foundation (Article 139)  For the purpose of ensuring expertise and protection of public interest, the persons working on activities of spatial development and construction of structures, prescribed by this Law shall acquire membership in the Engineers Chamber of Montenegro (hereinafter: the Chamber).  The Chamber has the capacity of a legal person with rights and responsibilities established by Law and the Articles of Incorporation of the Chamber.  The Articles of Incorporation of the Chamber regulate the organization of the Chamber, work and functioning of the Chamber bodies, election manner and authorizations of bodies, manner of decision-making and implementation of decisions and other issued of significance for work of the Chamber.  The Ministry shall approve the general acts of the Chamber, which are related to public authorizations M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications

16. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications ENGINEERS CHAMBER OF MONTENEGRO 2/3 Chamber competence (Article 140) The Chamber shall perform the following activities: 1)keep the registry of the Chamber members; 2)ensure improvement and education of the members of the Chamber; 3)adopt the code of ethics and ensure its implementation; 4)conduct disciplinary proceedings against its members and impose measures; 5)determine minimum price for technical documentation, review, technical inspections and supervision for residential and residential-business structures; 6)control the application of the price referred to in item 5of this Article; 7)organize and enforce the taking of professional examination according to the provisions oft his Law; 8)determine the amount of membership fee and registration fee of its members and 9)protect and represent the interests of its members; M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

17. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications ENGINEERS CHAMBER OF MONTENEGRO 3/3 Chamber competence (Article 140) 10)perform other activities based on Law and Articles of Incorporation of the Chamber. The Chamber shall perform the activities referred to in paragraph 1 items 5), 6) and 7)of this Article as a public authorization. The manner of performance of the control referred to in item 6) paragraph1 of this Article shall be prescribed by the Chamber with the approval of the Ministry. Law on Spatial Development and Construction of Structures 65 Official Gazette of Montenegro, number 51/08,The Ministry shall supervise the performance of activities referred to in paragraph 1 items 5),6)and7)of this Article. Funding (Article 141) The operations of the Chamber shall be funded from: 1)the membership fee; 2)fees, with regard to costs for activities referred to in 140 paragraph 1 items 6)and 7)of this Law; 3)fines for disciplinary misdemeanors and 4)other sources in accordance with the Law and the general act. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

18. Thank you for your attention! QUESTIONS ?