Mutual recognition of qualifications PRESENTATION OF MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 3 – Right of establishment and freedom to provide services Mutual recognition of qualifications Bilateral screening: Chapter 3 PRESENTATION OF MONTENEGRO Brussels, 30. November 2012

Working Group for Chapter 3 Chapter 03: Right of establishment and freedom to provide services Working Group for Chapter 3 Right of establishment and freedom to provide services Mutual recognition of qualifications Bilateral screening: Chapter 3 Presentation of Montenegro Brussels, 30. November 2012 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union

Skilled crafts qualification in Montenegro Chapter 03: Right of establishment and freedom to provide services Skilled crafts qualification in Montenegro Presented by Senka Vukčević Indipendent advisor in Ministry for Labor and Social Walfare senka.vukcevic@mrs.gov.me M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

Relevant acquis Celex: 32005L0036 - 2005/36/EC of 07.09.2005 Chapter 03: Right of establishment and freedom to provide services Relevant acquis Celex: 32005L0036 - 2005/36/EC of 07.09.2005 Celex: 32007R1430 - 1430/2007 of 05.12.2007  M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

OUTLINE I LEGAL FRAMEWORK II INSTITUTIONAL FRAMEWORK Chapter 03: Right of establishment and freedom to provide services OUTLINE I LEGAL FRAMEWORK II INSTITUTIONAL FRAMEWORK III QUALIFICATION FRAMEWORK M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

I - Legal framework in Montenegro 1/2 Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications I - Legal framework in Montenegro 1/2 Skilled Crafts Law, "Sl. list CG”, 54/2009 Law on Vocational Education ("Sl. List CG", 64/02 from 28.11.02, 49/07 from 10.08.07 and 45/2010 from 04.08.2010.) Law on National Vocational Qualifications („Sl. list CG“, 80/08) Law on the National Framework of Qualifications ("Sl. List CG", 80/10) Government Bylaw on crafts and activities similar to crafts and lists of simple and complex crafts "Sl. list CG”, 63/2010 Rulebook of Ministry of Economy on manner of conducting and contents of the Register of persons engaged in craft activities "Sl. list CG”, 17/2010 Rulebook about minimal technical requirements referring to business premises, equipment and means for crafts performance and other requirements depending on type and specific forms of crafts "Sl. list CG”, 76/2010 Statute of Chamber of Skilled Crafts from 02.04.2012. M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

Chapter 03: Right of establishment and freedom to provide services I – Skilled Crafts Law 2/2 Craft can be performed by individuals and companies (Article 1, pharagraph 1 and 3) Skilled crafts activity is defined as an activity exercised by a phisical person or a company in order to generate profit through the process of production, trade and service provision at the market and upon individually made orders (Article 2, paragraph 1) Skilled crafts are divided into complex and simple skilled crafts, resp. Is there required the ade- quate professional qualification – Master exam (Article 6, paragraph 1 and 2, Article 10 and Article 11) The Government has regulated a total number of 105 skilled crafts of which 53 are complex, 45 simple and 7 activities similar to crafts ("Sl. list CG, br. 63/2010") For performing of skilled crafts there have to be met minimum technical requirements for the 73 crafts (Article 9, paragraph 3) If the owner of the skilled craft company, which performs a complex craft, does not have Master exam, he/she must employ at least one person, who passed the Master exam (Article 11) The notification of skilled crafts runs over the local secretariats for economy (Article 12, paragraph 1), and the application data must be delivered to the Skilled Crafts Chamber for the registration in the Register of craftsmen (Article 12, paragraph 5) M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

II – Institutional Framework 1/2 Chapter 03: Right of establishment and freedom to provide services II – Institutional Framework 1/2 Ministry for Economy Ministry for Education and Sports Examination Center Ministry for Labour and Social Welfare Skilled Crafts Chamber M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

II – Skilled Crafts Chamber 2/2 Chapter 03: Right of establishment and freedom to provide services II – Skilled Crafts Chamber 2/2 The Skilled Crafts Chamber has been founded on 28.03.2011 according to article 14, paragraph 1 of the Skilled Crafts Law The Chamber keeps the Register of craftsmen as the public authority on the basis of applications over local Secretariats for economy. It issues Certificates of registration in the Register (Article 1 and 2 of the Skilled Crafts Law) The membership in the Skilled Craft Chamber is voluntary. The supervision is the responsibility of relevant administration bodies and relevant inspections in accordance with special rules, which need to be adopted (Article 17 of Skilled Crafts Law) M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

III – Qualification in skilled crafts Chapter 03: Right of establishment and freedom to provide services III – Qualification in skilled crafts Skilled crafts qualifications can be acquired in the school system, resp. in secondary vocational schools There is a legal possibility for education in the dual form Master exam can be passed by the sutedent, who has completed according to the Article 85 of the Law on Vocational education: 1) three-year vocational school, passed the final exam and has three years of professional experience in the branche 2) four-year vocational school, passed the exam and has two years of professional experience in the branche M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:

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