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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.

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Presentation on theme: "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."— Presentation transcript:

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, 29-30 November 2012

2 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Overall System of mutual recognition of professional qualifications Senka Klikovac Ministry of Health senka.klikovac@mzd.gov.me Chapter 3: Chapter 03: Right of establishment and freedom to provide services

3 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: EU legislation Celex: 32006L0123 Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market. Celex: 32005L0036 Directive EU 2005/36/EC of the European Parliament and of the Council on recognition of professional qualifications. Chapter 03: Right of establishment and freedom to provide services

4 Nacional legislation 1.Law on Health Protection (Official Gazette of the Republic of Montenegro 39/04 of 09.04.2004 and Official Gazette of Montenegro 14/10 of 17.03.2010, 40/11 of 08.08.2011) Rulebook on more detailed criteria regarding standards, regulations and the manner of exercising the right to primary health care through a chosen team of doctors or a chosen doctor of a patient (Official Gazette of Montenegro 010/08-4,0001/12-22) Rulebook on issuing, updating and revoking licenses (Official Gazette of Montenegro 51/11 of 28.10.2011) Rulebook on more detailed criteria for providing health services in hospitals and natural health resorts (Official Gazette of Montenegro 74/08 of 05.12.2008, 32/10 of 07.06.2010) Rulebook on specialisations (Official Gazette of the Republic of Montenegro 74/06 of 04.12.2006, Official Gazette of Montenegro 58/11 of 06.12.2011) 2.Law on the Patient Health Care (Official Gazette of Montenegro 25/10 of 05.05.2010) 3.Law on Pharmaceuticals (Official Gazette of Montenegro 56/11 of 25.11.2011) 4.Internal acts of employers (Statute, Rulebooks, Decisions) Chapter 3: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

5 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 03: Right of establishment and freedom to provide services Overview of the institutional framework Ministry of Health Agency for Pharmaceuticals and Medical Devices Health Care Institutions Chamber of Physicians Chamber of Pharmacists Chamber of Nurses and Midwifes (establishing in progress) Chapter 3:

6 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 03: Right of establishment and freedom to provide services Chamber of Physicians of Montenegro 1.Law on High Education (Official Gazette of the Republic of Montenegro 60/03 of 28.10.2003 and Official Gazette of Montenegro 04/08 of 17.01.2008, 45/10 of 04.08.2010, 73/10 of 10.12.2010, 40/11 of 08.08.2011, 47/11 of 23.09.2011) 2.Law on Health Care (Official Gazette of the Republic of Montenegro 39/04 of 09.04.2004 and the Official Gazette of Montenegro 14/10 of 17.03.2010, 40/11 of 08.08.2011) 3.Statute of the University of Montenegro 4.Rules of Attending Basic Studies at the University of Montenegro 5.Statute of the Chamber of Physicians of Montenegro 6.Rulebook on issuing, updating and revoking licenses (Official Gazette of Montenegro 51/11 of 28.10.2011) Chapter 3:

7 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 03: Right of establishment and freedom to provide services Chamber of Pharmacists of Montenegro 1.Law on Health Care (Official Gazette of the Republic of Montenegro 39/04 of 09.04.2004 and Official Gazette of Montenegro 14/10 of 17.03.2010, 40/11 of 08.08.2011) - Rulebook on specialisations (Official Gazette of the Republic of Montenegro 74/06 of 04.12.2006, Official Gazette of Montenegro 58/11 of 06.12.2011) - Rulebook on conditions, the manner and procedure of signing in and erasing from the register of graduate pharmacists who can perform independent practice within their competences - Rulebook on the content and the manner of keeping a register of working licenses, practice licenses and license forms for graduate pharmacists (Official Gazette of the Republic of Montenegro 26/06 of 25.04.2006) 2. Law on High Education (Official Gazette of the Republic of Montenegro 60/03 of 28.10.2003 and Official Gazette of Montenegro 04/08 of 17.01.2008, 45/10 of 04.08.2010, 73/10 of 10.12.2010, 40/11 of 08.08.2011, 47/11 of 23.09.2011) -Statute of the University of Montenegro -Rules of attending basic studies at the University of Montenegro Chapter 3:

8 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 03: Right of establishment and freedom to provide services Nurses and Midwives Law on Health Care (Official Gazette of the Republic of Montenegro 39/04 of 9 April 2004 and the Official Gazette of Montenegro 14/10 of 17 March 2010, 40/11 of 8 August 2011) Law on Higher Education (Official Gazette of the Republic of Montenegro 60/03 of 28 October 2003 and the Official Gazette of Montenegro 04/08 of 17 January 2008, 45/10 of 4 August 2010, 73/10 of 10 December 2010, 40/11 of 8 August 2011, 47/11 of 23 September 2011) The Law on Nursing Care of Patients (Official Gazette of Montenegro 25/10 of 5 May 2010) Internal acts of the Chamber of Nurses and Midwives (establishment of which is in progress) Chapter 3:

9 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 03: Right of establishment and freedom to provide services Doctor of Medicine  Professional title (occupation) of a doctor of medicine – 6-year long higher education followed by a one-year long professional practice, professional exam passed and, following a two-year practice, specialization the duration of which depends on the type of specialization that has been approved to a doctor. Chapter 3:

10 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 03: Right of establishment and freedom to provide services Dentist  Professional title (occupation) of a dentist – 5- year long higher education followed by a one- year long professional practice, professional exam passed and, following a two-year practice, specialization the duration of which depends on the type of specialization that has been approved to a doctor. Chapter 3:

11 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 03: Right of establishment and freedom to provide services Pharmacist  Professional title (occupation) of a pharmacist – 5- year long higher education followed by a one-year long professional practice, professional exam passed and, following a two-year practice, specialization the duration of which depends on the type of specialization that has been approved to a doctor 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 03: Right of establishment and freedom to provide services Nurse  Professional title (occupation) Nurse- higher education – School of Applied Health Sciences (Bachelor -Bapp degree) – 3-year education at the college of nursing, followed by a nine-month long professional practice, professional exam passed. 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 03: Right of establishment and freedom to provide services Nurse for General Health Care  Professional title (occupation): Nurse for General Health Care – secondary medical school(4 years) followed by a six-month long practice, professional exam passed. Chapter 3:

14 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 03: Right of establishment and freedom to provide services Midwife  Professional title (occupation) Midwife: secondary medical school (4 years), department of gynaecology and obstetrics – six months of practice and passed professional exam. Chapter 3:

15 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 03: Right of establishment and freedom to provide services Next steps  Administrative capacities should be strengthened not only in the Ministry of Health, but in all medical institutions within the network, particularly in the Chamber of Physicians, in the Chamber of Pharmacists, and in the Chamber of Nurses and Midwives that is under establishment.  Imposing new obligations, which would require strengthening the existing administrative capacities, will provide consistent fulfilment of the assumed obligations.  At present, adjustment is required to some extent, but it is estimated that Montenegro will not encounter any major difficulty in transposing the EU acquis in this area. Chapter 3:

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 Veterinarians Chapter 3:

17 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union  Law on Veterinary (Official Gazette of Montenegro 30/12 of 8 June 2012)  Rulebook on detailed conditions for issuing a permit for veterinary practice (Official Gazette of Montenegro 09/08 of 8 February 2008, and 12/08 of 22 February 2008)  Law on High Education (Official Gazette of the Republic of Montenegro 60/03 of 28 October 2003 and i Official Gazette of Montenegro 04/08 of 17 January 2008, 45/10 of 4 August 2010, 73/10 of 10 December 2010, 40/11 of 8 August 2011, 47/11 of 23 September 2011)  Law on Recognition of Foreign Educational Certificates and Equalisation of Qualifications (Official Gazette of Montenegro 57/11 of 30 November 2011)  Law on Recognition of Foreign Qualifications in Pursuing Regulated Professions (Official Gazette of Montenegro 18/11 of 1 April 2011)  Law on General Administrative Procedure (Official Gazette of Montenegro 60/03 of 28 October 2003, 73/10 of 10 December 2010, 32/11 of 1 July 2011) Legislation in Montenegro Chapter 3: Chapter 03: Right of establishment and freedom to provide services

18 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union  Ministry of Agricultural and Rural Development  Ministry of Education and Sports  Veterinary Chamber (The Veterinary Chamber is a professional organisation having its rights and obligations as defined by the Law and the Statute. The Chamber has the capacity of legal person. The Law stipulates that the Veterinary Chamber shall pass a code of veterinary profession and ensure its application. Institutional framework in Montenegro Chapter 3: Chapter 03: Right of establishment and freedom to provide services

19 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union  The Law defines conditions for and method of performing veterinary activity, animal health protection, public veterinary health measures, veterinary protection of the environment, and other issues of importance for performing this type of activity. Law on Veterinary  Professional veterinary activities in a veterinary organisation/service could be performed by a veterinarian holding a licence issued in accordance with this Law.  The licence is issued to a veterinarian who has graduated from the Veterinary Faculty, passed the professional exam and became a member of the Veterinary Chamber.  The licence is issued by the Veterinary Chamber.  Detailed conditions for issuing permits to graduates in veterinary i.e. doctors of veterinary medicine are regulated by the Rulebook on detailed conditions for issuing a licence for veterinary practice.  There is no veterinary faculty in Montenegro.  Recognition of foreign high education certificates is under competence of the Ministry of Education and Sports. Chapter 3: Chapter 03: Right of establishment and freedom to provide services

20 Thank you for your attention! QUESTIONS

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