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 Brussels, May 2013

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 SAFETY INSTRUMENTS Vladan Radonjic Ministry of Transport and Maritime Affairs Maritime Safety Department SAFETY INSTRUMENTS Vladan Radonjic Ministry of Transport and Maritime Affairs Maritime Safety Department

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 Chapter 14: TRANSPORT POLICY Chapter 14: Transport policy

MONTENEGRO MARITIME ADMINISTRATION GOVERNMENT OF MONTENEGRO MINISTRY OF TRANSPORT AND MARITIME AFFAIRS MARITIME SAFETY DEPARTMENT HARBOUR MASTER OFFICIES 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

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 Chapter 14: Transport policy MINISTRY OF TRANSPORT AND MARITIME AFFAIRS DECREE ON ORGANIZATION AND METHOD OF OPERATION OF STATE ADMINISTRATION (OFF. GAZ. OF MNE 05/12, 25/12, 61/12, 20/13) STIPULATES THAT MINISTRY OF TRANSPORT AND MARITIME AFFAIRS SHALL PERFORM AUTHORITY FUNCTIONS, WHICH INTER ALIA REFFER TO: 1.SAFETY OF MARITIME TRANSPORT ( in accordance with SOLAS 74 Convention, SAR Convention...) 2.PREVENTION AND TAKING EMERGENCY MEASURES IN CASE OF SEA POLLUTION FROM SHIPS (MARPOL, AFS, SOLAS, Barcelona Convention and OPRC Convention) 3.CARRIAGE OF DANGEROUS GOODS IN MARITIME TRANSPORT (Chapter VII – SOLAS 74 and IMDG Code) 4.LOCAL AND INTERNATIONAL CARRIAGE OF PASSENGERS AND GOODS 5.FACILITIES OF MARITIME SAFETY (Chapter V – SOLAS 74, Chapter IV – SOLAS 74, IALA Recommendation,...)

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 Chapter 14: Transport policy HARBOUR MASTER OFFICE RULEBOOK ON INTERNAL ORGANIZATION AND JOB CLASSIFICATION OF THE MINISTRY OF TRANSPORT AND MARITIME AFFAIRS, ADOPTED BY THE GOVERNMENT OF MONTENEGRO AT ITS SESSION HELD ON 19. NOVEMBER 2009, APPOINTING THAT REFFER TO : HARBOUR MASTER OFFICES BAR AND KOTOR AS SECTIONS OF THE MINISTRY OF TRANSPORT AND MARIT. AFFAIRS, INTER ALIA, PERFORM ACTIVITIES CONCERNING : - INSPECTION CONTROL OF SHIPS (NATIONAL AND INTERNATIONAL) AND OTHER VESSELS, CREW MEMBERS, PORTS (Port State Control inspection); Paris MoU co-operative membership status of Montenegro (44th Session of the Paris MoU Port State Control Committee (PSCC) which was held in Naples, Italy in May 2011)

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 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 LEGAL FRAMEWORK 1. LEGAL FRAMEWORK DECREE ON ORGANIZATION AND METHOD OF OPERATION OF STATE ADMINISTRATION (OFF. GAZ. OF MNE 05/12, 25/12, 61/12, 20/13) STIPULATES THAT MARITIME SAFETY DEPARTMENT PERFORMS DEPARTMENT FUNCTIONS INTER ALIA REFFER TO: ESTABLISHMENT OF SEAWORTHINESS OF SHIPS AND OTHER NAVIGABLE AND FLOATING VESSELS AND, BASED ON THESE ISSUES, APPROPRIATE CERTIFICATES ( BOTH INTER-NATIONAL AND NATIONAL).

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 LEGAL FRAMEWORK 1. LEGAL FRAMEWORK RULEBOOK ON INTERNAL ORGANIZATION AND JOB CLASSIFICATION OF THE MARITIME SAFETY DEPARTMENT, ADOPTED BY THE GOVERNMENT OF MONTENEGRO AT ITS SESSION HELD ON 16. April 2009, APPOINTING THAT MARINE SURVEY DIVISION PERFORMS ACTIVITIES REGARDING : PERFORMING TECHNICAL SUPERVISION, ISSUANCE OF SHIP DOCUMENTS, BOOKS AND CERTIFICATES, ADOPTING TECHNICAL RULES CALCULATING TONNAGE DURING THE TONNAGE MEASUREMENT OF VESSELS; PERFORMING TECHNICAL EXPERTISE IN CASE OF DISTRESS;. Maritime Safety Department has established the Quality Management System (QMS) on in accordance with the ISO 9001:2008 standard series and has received the Certificate of Approval (No ) from Lloyd’s Register Quality Assurance

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  LEGAL FRAMEWORK  LEGAL FRAMEWORK a) 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, etc. b) Law on Protection of the Sea against Pollution from Vessels (“Official Gazette of Montenegro”, no. 20/11) c) Techical rules of Maritime Safety Department

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 Chapter 14: Transport policy CURRENT SITUATION EU legislationNational legislation (Port State Control) National legislation (Flag State) ISM Code Regulation (EC) 336/2006 Comm. Reg. (EC) 540/2008 Comm. Dec. Of 21 Feb PSC is applied at the level of SOLAS Convention requirements. International Standards appling by RO on vessels flying Montenegrin Flag are at the level of Part A of ISM Code.

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 Chapter 14: Transport policy EU legislationNational legislation (Port State Control) National legislation (Flag State) Marine equipment Council Directive 96/98/EC Comm. Dir. 2011/75/EU Comm. Dir. 2012/32/EU Council Directive 99/35/EC PSC inspection measures is applied at the level of IMO Conventions requirements. Marine equipments must be marked by IMO sign Technical rules of Maritime Safety Department are limited by IMO Conventions requirements and applied by RO on vessel flying Montenegrin Flag NOTE: Presently, Montenegro doesn’t product Marine Equipment at all. For that reason there is no body responsible for setting compliance of Marine Equipment.

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 Chapter 14: Transport policy CURRENT SITUATION EU legislationNational legislation (Port State Control) National legislation (Flag State) Passenger ships Directive 2003/25/EC No special Stability requirements for RO-RO Passenger ships other than those mentioned in IMO Instruments. Presently, there isn’t any Technical Rules appling to Passenger ships under Montenegrin Flag engaged on international voyages. It is becouse there was no interest for registering ships that category in the register of Ships in the privious period of time. Regulation (EC) No. 392/2009 There is no national regulations to control liability and insurance of persons on Passenger ships engaged on international voyages. Compulsory insurance of passengers in domestic service, regulated by the Law on Compulsory Insurance (OFF. GAZ. OF MNE. 46/07; 44/2012).

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 Chapter 14: Transport policy CURRENT SITUATION EU legislationNational legislation (Port State Control) National legislation (Flag State) Passenger ships Council Directive 98/41/EC National requirements for counting and registration of all persons on passenger ships is on the level of Chapter III of SOLAS Convention There are no national requirements for counting and registration of all persons on passenger ships flying the flag of Montenegro beyond those prescribed by SOLAS Chapter III Directive 2009/45/EC The level of inspection of passenger ships in domestic voyages is defined by Law on Maritime and Inland Navigation. safety rules and standards for passenger ships in domestic voyages is regulated by the technical rules of MSD (CERTIFICATE OF SEAWORTHINESS). Class of ships are defined differently and do not recognized the classification A, B, C and D

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 Chapter 14: Transport policy EU legislationNational legislation (Port State Control) National legislation (Flag State) Safety of fishing vesel Council Directive 97/70/EC Amended by Commission Directive 1999/19/EC Montenegro has not ratified the Torremolinos Convention from 1977, including its Protocol from Montenegro does not apply PSC measures that specifically apply to fishing vessel. Level of PSC inspection not separating it from merchant vessels. There are no special requirements for the safety of navigation of the fishing vessel. Technical survey Division treates them equivalent to merchant vessel and after succesfully completed survey issuing CERTIFICATE OF SEAWORTHINESS

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 Chapter 14: Transport policy EU legislationNational legislation (Port State Control) National legislation (Flag State) Oil tankers Regulation (EU) No. 530/2012The Law on Protection of the Sea against Pollution from Vessels (“Official Gazette of Montenegro”, no. 20/11) prohibits arrival in Montenegrin water: 1.Oil tankers cattying capacity of at least 5000 tonnes of DWT without double hull, tanker category “1” which was built by the end of 1982, ant The tanker of category “2” and “3” which were built by the end of Oil tankers carrying heavy fractions of oil as cargo, if do not have a duble hull. According to The Law for the Prevention of Pollution from vessels (“Official Gazette of Montenegro”, no. 20/11) in the Montenegrin Register of Ships can make an entry of oil tanker carrying heavy fractions of oil, if it has a double hull. According to the Law it is not defined registration of oil tanker over 5000 tonns of DWT in the Montenegrin Register of Ships.

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 Chapter 14: Transport policy EU legislationNational legislation (Port State Control) National legislation (Bulk cargo terminals) Bulk carriers Directive 2001/96/ECThere are no special requirements in Montenegrin legislation beyond those prescribed by the SOLAS 74 Convention, relating to the safety of bull carriers berth on Montenegrin port facilities for loading and discharing solid bulk cargo There are no special requirements in Montenegrin ports relating to the safety operations of bull carriers

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 -Law on security of maritime navigation (Deadline 2013) -Bylaw acts Using above mentioned Law and Bylaw acts it will be clearly defined all found inconsistency with EU Legislation FUTURE ACTIVITIES