1. PRESENTATION OF MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 14 – Transport
Bilateral screening: Chapter 14
Aviation Safety
PRESENTATION OF MONTENEGRO
Brussels, May 2013

2. MSc Aeronautical Eng. Mileta Nikolić
Chapter 14: Transport
Aviation Safety
MSc Aeronautical Eng. Mileta Nikolić
Safety Division director
Civil Aviation Agency-Montenegro
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 14: Transport

3. Institutional Framework Legislative Framework
Chapter 14: Transport
CONTENT
Institutional Framework
Legislative Framework
State Safety Program and State Safety Plan
Future Activities
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 14: Transport

4. INSTITUTIONAL FRAMEWORK
Chapter 14: Transport
INSTITUTIONAL FRAMEWORK
Aviation Safety Management Board
Government of Montenegro
National Investigation Commission
Civil Aviation Agency
Council
Director
Safety Review Board (SRB)
Safety Risk Group
(SRG)
SSP Coordinator
(SSPC)
Aviation Safety Division
Air Navigation Services Division
Aviation Entities
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 14: Transport

5. LEGISLATIVE FRAMEWORK
Chapter 14: Transport
LEGISLATIVE FRAMEWORK
Law on Air Transport has been published in “Official Gazette of Montenegro” No 30/2012 of 8 June 2012.
Competences of the Agency, Article 6: .....
8. preparing the expert grounds for the development of programs, plans, secondary legislation, adopted by the Government and state administration body competent for the affairs of transport (hereinafter referred to as: the Ministry);
9. adoption of general acts in accordance with this Law and acts for the implementation of ECAA Agreement, other concluded international agreements, international standards and recommended practices from civil aviation, and especially standards, procedures and recommended practices of ICAO, ECAC, EASA and EUROCONTROL with the consent of the Ministry;
10. adopting acts to undertake urgent measures which specifically provide protection of air traffic safety;
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 14: Transport

6. Law on air Transport, Article 172
Chapter 14: Transport
Law on air Transport, Article 172
Subordinate legislation for the implementation of this Law shall be adopted within two years as of the day of coming into force of this Law.
By the adoption of legislation from paragraph 1 of this Article, subordinate legislation adopted based on the Law on air traffic shall apply, “Official Gazette of MNE” No 66/08).
The Civil Aviation Agency Action Plan, about preparing and adoption of legislation, has been adopted on July and more then 100 regulations has to be adopted in period of two years.
The Civil Aviation Agency have to adopt more then 70 secondary legislations.
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 14: Transport

7. Chapter 14: Transport
Basic Regulation
Regulation (EC) No 216/2008 of the European Parliament and the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC, as last amended by Commission Regulation (EU) No 6/2013 of 8 January 2013 has been published in “Official Gazette of Montenegro” No 22/2013 on TBD.
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 14: Transport

8. Chapter 14: Transport
Air Operations
Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation , as last amended by Reg. (EC) No. 859/2008 has been published in “Official Gazette of Montenegro” No 59/2010 of 12 October 2010.
Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations has been translated and awaiting adoption during this month.
Implementation Program about this regulation, Regulation No 965/2012, has been adopted on 27 February 2013 and derogation period has been chosen and application date of this regulation will be 28 October Implementation Program has been sent to EASA.
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 14: Transport

9. Chapter 14: Transport
Commission Regulation (EU) No 1332/2011 of 16 December 2011 laying down common airspace usage requirements and operating procedures for airborne collision avoidance has been published in “Official Gazette of Montenegro” No 48/2012 of 14 September 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

10. Implementation Program has been sent to EASA.
Chapter 14: Transport
Aircrew
Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) and Commission Regulation (EU) No 290/2012 of 30 March 2012 amending Regulation (EU) No 1178/2011 laying down technical requirements and administrative procedures related to civil aviation has been published in “Official Gazette of Montenegro” No 8/2013 of 7 February 2013.
Implementation Program about this regulation has been adopted on 31. December 2012 and derogation period or horizontal opt-out period was declared up to 08 April In accordance with Regulation 1178/2011 and montegrin cover regulation and implementation program application of those regulation has started on 08 April and in coming months and year vertical derogation in relation to some requirements will be used.
Implementation Program has been sent to EASA.
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 14: Transport

11. Initial Airworthiness
Chapter 14: Transport
Initial Airworthiness
Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations has been published in “Official Gazette of Montenegro” No 58/2012 of 19 November 2012.
Commission Regulation (EU) No 7/2013 of 8 January 2013 amending Regulation (EU) No 748/2012 laying down Implementing Rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations has been published in “Official Gazette of Montenegro” No 10/2013 of 18 February 2013.
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 14: Transport

12. Continuing Airworthiness
Chapter 14: Transport
Continuing Airworthiness
Commission Regulation (EC) No 2042/2003 of 20 October 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks as last amended by Commission Regulation (EU) No 1149/2011 of 01 August has been published in “Official Gazette of Montenegro” No 37/2012 of 11 July 2012.
Commission Regulation (EU) No 593/2012 of 5 July 2012 amending Regulation (EC) No 2042/2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks has been published in “Official Gazette of Montenegro” No 47/2012 of 7 September 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

13. Chapter 14: Transport
Following regulations and directives are transposed in our legal system with Regulation on the manner of implementing SAFA Program published in “Official Gazette of Montenegro” 40/2012 of 27 July 2012:
Commission Directive 2008/49/EC of 16 April 2008, Regulation (EC) No 596/2009 of the European Parliament and of the Council of 18 June 2009,
Commission Regulation (EC) No 351/2008 of 16 April 2008 of the European Parliament and of the Council as regards the prioritisation of ramp inspections on aircraft using Community airports,
Commission Regulation (EC) No 768/2006 of 19 May 2006 of the European Parliament and of the Council as regards the collection and exchange of information on the safety of aircraft amended by Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 and
Directive 2004/36/EC of the European Parliament and of the Council on the safety of third-country aircraft using Community airports.
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 14: Transport

14. Chapter 14: Transport
Commission Regulation (EC) No 473/2006 of 22 March 2006 laying down implementing rules for the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council and Commission Regulation (EC) No 474/2006 of 22 March 2006 establishing the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council have been published in “Official Gazette of Montenegro International agreements” No 1/2011 of 10 January 2011.
The last amendment of Commission Regulation (EC) No 474/2006, Commission Implementing Regulation (EU) No 1146/2012 of 3 December 2012, has been published by Decision DG of Civil Aviation Agency of Montenegro on 7 December 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

15. Chapter 14: Transport
Commission Regulation (EC) No 736/2006 of 16 May 2006 on working methods of the European Aviation Safety Agency for conducting standardisation inspections and amendment of this regulation, Commission Implementing Regulation (EU) No 90/2012 of 2 February 2012 amending Regulation (EC) No 736/2006 on working methods of the European Aviation Safety Agency for conducting standardisation inspections Agency has been published in “Official Gazette of Montenegro” No 22/2013 of TBD.
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 14: Transport

16. Chapter 14: Transport
Commission Regulation (EC) No 104/2004 of 22 January 2004 laying down rules on the organisation and composition of the Board of Appeal of the European Aviation Safety Agency has been published in “Official Gazette of Montenegro” No 22/2013 of TBD.
Commission Regulation (EC) No 593/2007 of 31 May 2007 on the fees and charges levied by the European Aviation Safety Agency has been published in “Official Gazette of Montenegro International agreements” No 01/2011 of 10 January 2011.
Amendments of this regulation Commission Regulation (EC) No 1356/2008 of 23 December 2008 and Commission Regulation (EU) No 494/2012 of 11 June 2012 amending Regulation (EC) No 593/2007 on the fees and charges levied by the European Aviation Safety Agency will be published until the end of this year.
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 14: Transport

17. STATE SAFETY PROGRAM AND STATE SAFETY PLAN
Chapter 14: Transport
STATE SAFETY PROGRAM AND STATE SAFETY PLAN
State Safety Program has been adopted by Government of Montenegro on 28 June 2012.
State Safety Plan, for period 2013 – 2016, has finished and awaiting adoption from Aviation Safety Management Board during this month. State Safety Plan is designed to follow all relevant elements from European Safety Plan.
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 14: Transport

18. FUTURE ACTIVITIES Chapter 14: Transport Adoption of regulations:
Commission Regulation (EU) No 965/2012,
Commission Regulation (EC) No 1356/2008 and Commission Regulation (EU) No 494/2012, amendments of Regulation (EC) No 593/2007,
Commission Implementing Regulation (EU) No 646/2012.
Implementation of regulations:
Commission Regulation (EU) No 1178/2011.
M O N T E N E G R O
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 14: Transport

19. Thank you for your attention
QUESTIONS