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 PRESENTATION OF MONTENEGRO Brussels May 2013

Chapter 14: Transport policy - Regulatory Area: Maritime Transport - Insurance 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 INSURANCE Ana Kusovac Ministry of transport and maritime affairs

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  Legal Framework  Current and Future Activities  Legal Framework  Current and Future Activities CONTENT

Chapter 14: Transport policy - Regulatory Area: Maritime Transport - Insurance 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 Marine insurance in Montenegro is governed by Law on Marine and Inland Navigation ("Official Gazette of FRY”, No. 12/98, 44/99, 44/99 and 73/00). The provisions of this Law apply to:  insurance on ship, her machinery, installations, outfit and stores also on goods and other things which are transported by ship or are on board ship;  insurance on freight, passage money, charges of insurance, expenses of equipping a ship, general average expenditure, salvage awards, expected profits, commissions, crew’s earnings, securities and other rights and material benefits which exist or can be reasonably expected in connection with the navigation or with the transport of goods by ship and which can be quantified in terms of money;  insurance against liability for losses caused to third parties in connection with the right to of ownership or to exploit ship, etc. LEGAL FRAMEWORK

Chapter 14: Transport policy - Regulatory Area: Maritime Transport - Insurance 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 Legislative framework that currently regulates the field of compulsory insurance in maritime transport consists of the following: Law on Sea Protection from Pollution by Vessels ("Official Gazette of Montenegro” No. 20/11 and 26/11), Articles 57 and 58; Law on Compulsory Transport Insurance ("Official Gazette of Montenegro” No. 46/07 and 44/12, Chapter VI, Articles 45, 46 and 47; Law on Marine and Inland Navigation ("Official Gazette of FRY”, No. 12/98, 44/99, 44/99 and 73/00). čl , LEGAL FRAMEWORK

Chapter 14: Transport policy - Regulatory Area: Maritime Transport - Insurance 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 The EU Directive 2009/20/EC is to be implemented into Montenegrin legislation through the Law on Security of Maritime Navigation. According to the provisions of this Law, each ship (domestic and foreign) of 300 gross tonnage or more, except warships, auxiliary warships or other State owned or operated ships used for a non commercial public service, intending to enter a Montenegrin port, or call at an offshore terminal situated in the territorial sea of Montenegro, must provide an evidence of insurance for marine claims specified in the 1976 Convention on Limitation of Liability for Maritime Claims, as amended by the 1996 Protocol, and subject to limitation under the 1996 Protocol. According to the provisions of this Law, each ship of 300 gross tonnage or more flying the Montenegrin flag is obligeted to maintain in force the insurance cover as specified in the EU Directive 2009/20/EC (with or without deductibles, P & I insurance of the type currently provided by members of the International Group of P & I Clubs, and other effective forms of insurance, etc). There are provisions in this Law defining the penalties for the breach of its provisions. There is also provisions in this Law ensuring that any inspection of a ship in a port under Montenegrin jurisdiction includes verification that a certificate of insurance is carried on board. CURRENT AND FUTURE ACTIVITIES

Chapter 14: Transport policy - Regulatory Area: Maritime Transport - Insurance 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 RATIFICATION OF THE CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS 1996 CURRENT AND FUTURE ACTIVITIES