PRESENTATION OF MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 3 – FREEDOM TO PROVIDE SERVICES Licensing and application Bilateral screening: Chapter 3 PRESENTATION OF MONTENEGRO MPLEMENTATION Brussels, 29 – 30 November 2012

Working Group for Chapter 3 – FREEDOM TO PROVIDE SERVICES Bilateral screening: Chapter 3 Presentation of Montenegro Brussels, 29 – 30 November 2012 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: FREEDOM TO PROVIDE SERVICES Poglavlje 25 Nauka i istraživanje

FREEDOM TO PROVIDE SERVICES Chapter 3: FREEDOM TO PROVIDE SERVICES FREEDOM TO PROVIDE SERVICES Tomo Knežević Ministry for Information Society and Telecommunications tomo.knezevic@mid.gov.me Ana Radonjić Agency for Electronic Communications and Postal Services ana.radonic@ekip.me M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: FREEDOM TO PROVIDE SERVICES Poglavlje 25 Nauka i istraživanje

FREEDOM TO PROVIDE SERVICES Chapter 3 – FREEDOM TO PROVIDE SERVICES CONTENTS RELEVANT ACQUIS INSTITUTIONAL AND LEGAL FRAMEWORK ADOPTED DOCUMENTS IMPLEMENTATION FUTURE ACTIVITES M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: FREEDOM TO PROVIDE SERVICES

FREEDOM TO PROVIDE SERVICES Chapter 3 – FREEDOM TO PROVIDE SERVICES RELEVANT ACQUIS DIRECTIVE 97/67/EC DIRECTIVE 2002/39/EC DIRECTIVE 2008/6/EC M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: FREEDOM TO PROVIDE SERVICES

INSTITUTIONAL FRAMEWORK FREEDOM TO PROVIDE SERVICES Chapter 3 – FREEDOM TO PROVIDE SERVICES INSTITUTIONAL FRAMEWORK Government of Montenegro Ministry for Information Society and Telecommunications Agency for Electronic Communications and Postal Services M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: FREEDOM TO PROVIDE SERVICES

FREEDOM TO PROVIDE SERVICES Chapter 3 – FREEDOM TO PROVIDE SERVICES LEGAL FRAMEWORK Postal Services Act (Official Gazette of Montenegro, No 57/11) Strategy for the development of postal services in Montenegro for the period 2008 – 2018 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: FREEDOM TO PROVIDE SERVICES

FREEDOM TO PROVIDE SERVICES Chapter 3 – FREEDOM TO PROVIDE SERVICES ADOPTED DOCUMENTS Strategy for the development of postal services in Montenegro for the period 2008 – 2018 (Action Plan) Program for restructuring of Montenegro Post (Action Plan) Verification Acts of the UPU (2004 Bucharest, 2008 Geneva) Postal Services Act M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: FREEDOM TO PROVIDE SERVICES

FREEDOM TO PROVIDE SERVICES Chapter 3 – FREEDOM TO PROVIDE SERVICES Strategy for the development of postal services in Montenegro for the period 2008 – 2018 Market liberalization Program for restructuring of Montenegro Post New Postal Services Act M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: FREEDOM TO PROVIDE SERVICES

Program for restructuring of Montenegro Post Chapter 3 – FREEDOM TO PROVIDE SERVICES Program for restructuring of Montenegro Post Government of Montenegro adopted the Program for restructuring of Montenegro Post Ministry for Information Society and Telecommunications is in charge of implementation of the Restructuring Program M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: FREEDOM TO PROVIDE SERVICES

Action Plan for the Program FREEDOM TO PROVIDE SERVICES Chapter 3 – FREEDOM TO PROVIDE SERVICES Action Plan for the Program Change of legal status of Montenegro Post Preparation of the tender procedure for the Privatization of Montenegro Post M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: FREEDOM TO PROVIDE SERVICES

Verification acts of the UPU FREEDOM TO PROVIDE SERVICES Chapter 3: FREEDOM TO PROVIDE SERVICES Verification acts of the UPU 2004 Bucharest Seventh Additional Protocol to the Constitution of the Universal Postal Union, adopted in Bucharest World Postal Convention, adopted in Bucharest General Regulations of the Universal Postal Union, adopted in Bucharest 2008 Geneva Eighth Additional Protocol to the Constitution of the Universal Postal Union, adopted in Geneva First Additional Protocol to the General Rules, adopted in Geneva Universal postal Convention, adopted in Geneva M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: FREEDOM TO PROVIDE SERVICES

Postal Services Act Separate cost accounting Authorisation sistem Separate cost accounting Inspection and expert supervison Independence of the Agency Price control Liberalisation Quality of service Chapter 3 : FREEDOM TO PROVIDE SERVICES Standardisation Complaints procedure Postal Services Act M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: FREEDOM TO PROVIDE SERVICES

FREEDOM TO PROVIDE SERVICES Chapter 3 – FREEDOM TO PROVIDE SERVICES Quality of service Defined standards for mail flows in international traffic (speed – J+3 – 85% and reliability – J+5 – 97%, Article 58) Defined standards for mail flows in domestic traffic (speed – J+3 – 95%, Article 59) M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: FREEDOM TO PROVIDE SERVICES

FREEDOM TO PROVIDE SERVICES Chapter 3 – FREEDOM TO PROVIDE SERVICES Complaints procedure (Article 44-57) Phases of the procedure Complaint to the Operator Complaint to the Agency Appeal to Court Deadlines for decisions on appeals 10 days 15 days M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: FREEDOM TO PROVIDE SERVICES

Legal framework for the provision of postal services Chapter 3 – FREEDOM TO PROVIDE SERVICES Legal framework for the provision of postal services Special Licences (Article 72) Licences (Article 72) Application (Article 75) M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: FREEDOM TO PROVIDE SERVICES

FREEDOM TO PROVIDE SERVICES Chapter 3 – FREEDOM TO PROVIDE SERVICES Price control Universal postal service (its price shall be set by the postal operator according to the criteria prescribed by the Agency, Article 15) Reserved postal service (its price shall be set by the Agency, upon a proposal from the universal postal operator and upon previous approval from the Ministry and the state administration authority in charge of finance, Article 15) M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: FREEDOM TO PROVIDE SERVICES

FREEDOM TO PROVIDE SERVICES Chapter 3 – FREEDOM TO PROVIDE SERVICES Independent national regulatory authority Tasks of the independent regulatory authority are carried out by the Agency for Electronic Communications and Postal Services (hereinafter: the Agency) The Agency: - is independent from operators and the Government (members of the managing body of the Agency are nominated by the Parliament) -has a distinct mandate (its tasks in the area of postal services are defined by the Law and Statute of the Agency and clearly separated from its tasks in the area of electronic communications) -has sufficient financial resources (prescribed by the Law and Statute of the Agency) - has satisfactory administrative capacity (there is the Department for Postal Affairs in the Agency) M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: FREEDOM TO PROVIDE SERVICES

FREEDOM TO PROVIDE SERVICES Chapter 3 – FREEDOM TO PROVIDE SERVICES Mandate of the Agency Mandate of the Agency is defined by the Postal Services Act ( Article 65) Main tasks are: - determining the criteria on the basis of which prices of universal postal service are set - issuing and revoking special licenses and licenses for the provision of universal postal services - deciding upon users’ appeals - verifying the calculation of net costs of universal postal services - monitoring implementation of prices of postal services - settling disputes between operators with regard to access to the USO network - monitoring developments of the postal service market and taking measures to ensure competitiveness in the market - participating in the work of administrative bodies and task forces of the relevant European and international organizations. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: FREEDOM TO PROVIDE SERVICES

FREEDOM TO PROVIDE SERVICES Chapter 3 – FREEDOM TO PROVIDE SERVICES IMPLEMENTATION Implementation of the Postal Services Act Drafting of bylaws M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: FREEDOM TO PROVIDE SERVICES

Postal market in Montenegro FREEDOM TO PROVIDE SERVICES Chapter 3 – FREEDOM TO PROVIDE SERVICES Postal market in Montenegro M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: FREEDOM TO PROVIDE SERVICES

FREEDOM TO PROVIDE SERVICES Chapter 3 – FREEDOM TO PROVIDE SERVICES FUTURE ACTIVITIES Repeal of reserved services (31 December, 2012) Further development of competition M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3: FREEDOM TO PROVIDE SERVICES

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