MONTENEGRO Negotiating Team for the Accession of Montenegro

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 1 – Free movement of goods Bilateral screening: Chapter 1 PRESENTATION OF MONTENEGRO Brussels, 5 March 2013

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 1 – Free movement of goods Bilateral screening: Chapter 1 Presentation of Montenegro Brussels, 5 March 2013 Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Yachts, boats and recreational craft Recreational craft Directive 94/25/EC amended by 2003/44/EC Nusret Canović advisor Ministry of Traffic and Maritime Affairs nusret. canovic@msp. gov. me Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union CURRENT SITUATION Ø In Montenegro, there is no production of vessels (except boats in particular cases) nor supporting parts and equipment Ø Ship repair activities are present MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union LEGAL FRAMEWORK Ø Law on Maritime and Inland Sailing from 2011 Ø Law on Prevention of Sea Pollution from Ships from 2011 Ø Law on Yachts from 2007 Ø Decree on boats from 2009 Ø Rules for Statutory Certification Of Yachts from 2012 Ø Rules for building boats Ø International agreements and conventions MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union LAW ON YACHTS Ø This law regulates: nationality, identification and registration of a yacht in register of Yachts, method of entering, staying and departures of yachts, as well as the rights and responsibilities when renting yachts Ø The yacht is a vessel, length greater than 7 meters, designed for leisure, sport and recreation, which is not engaged in international trade Ø Necessary documents for registration of a yachtcalibration certificate or building certificate which specifies technical characteristics, including the calibration information (Article 13, paragraph 1, item 8) MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union LAW ON YACHTS Ø If the yacht was registered elsewhere, the administrative authority will consider survey as a necessary precondition for registration, on the basis of previous registration and the area in which the yacht sailed Ø For the first yacht registration, yacht survey is a requirement for registration unless it is built in accordance with the following: EU Directive EU/94/25/EC, Code of Federal Regulations of the United States, parts 181 and 183 or Codes MGN 280 (M) and MSN 1792 (M), and the Maritime Agency and Coast Guard of the United Kingdom Ø If it is determined the need for a survey of a yacht, the administrative authority shall appoint a surveyor at the expense of the owner, who will review and provide a necessary report. Ø Certificate for the personal use of yachts, which are up to 24 m and can carry up to 12 passengers, is issued for a period of three years and for all other yachts for a period of one year MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union DECREE ON BOATS Ø This decree regulates the conditions and manner of determining the ability of boats to sail, boat registration and identification marks and names of boats, navigation area, crew boats, and examination program and Examinations for boat driver Ø Marine boat is a vessel designed to sail at sea, with a calibrated length less than 12 meters and a registered tonnage less than 15 GT Ø Inland boat is a vessel, other than tugs and pusher regardless of their length, width and displacement, designed to sail on inland waters, whose body length is less than 15 meters, a beam of less than 3 meters in length and with a maximum displacement less than 15 ton MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union DECREE ON BOATS Ø It is considered that the boat is seaworthy, regarding the limits of sailinig and specific purpose, if its structure, characteristics, propulsion and other devices and equipment comply with the provisions of this decree. Ø New boats intended for commercial use, as well as used boats intended for commercial use, can sail, if their construction, characteristics, propulsion and other devices and equipment comply with the provisions of the Rules for Building Boats or and Rules for Statutory Yacht Certification. Ø The ability of a boat to sail is determined through the survey performed by the Authority and Port Authority Ø Basic survey of a boat includes checking the following: 1) 2) 3) 4) design and build quality of the hull; boat floating properties; properation of the drive, and other devices; quality, quantity and distribution of equipment. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union DECREE ON BOATS Ø Basic survey shall not include the following: inspection of a structure, characteristics, propulsion device and equipment of a boat with proper built-documents issued by the Department (Maritime safety department), or a boat built in a foreign country with a document issued by the Building authorized organization of the country and recognized by the Department. Ø The first application for registration of a boat must be accompanied, among other documents, by documents proving the ability of a boat to sail (report on the initial survey, a certificate of building a boat, certificate to the ability of a boat to sail, etc. ). Ø Companies or individual persons who intends to start construction of the boat, shall, prior to the start of the construction, submit an application to build a boat to the Department (Maritime safety department), for an approval. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union RULES FOR STATUTORY CERTIFICATION OF YACHTS Ø Directives 94/25 -2003/44 are implemented through the Rules for Statutory Certification of Yachts. Ø In case of building yacht in Montenegro (which cannot be done in our country yet), the builder could receive from the Maritime Safety Department a list of internationally recognized bodies performing building control in accordance with international standards, and could choose out of them with whom to sign an agreement, and at the yacht owner expense, could submit a report in accordance with the EU Directive EU/94/25/EC, 33 Code of Federal Regulations of the United States, parts 181 and 183 or codes MGN 280 (M) and MSN 1792 (M), Shipping Agency, Coast Guard of UK. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union RULES FOR STATUTORY CERTIFICATION OF YACHTS Ø Technical supervision of a yacht, which is not built in accordance with the EU Directive EU/94/25/EC, 33 Code of Federal Regulations of the United States, parts 181 and 183 or codes MGN 280 (M) and MSN 1792 (M) Maritime and Coastguard Agency of the United Kingdom, involves the following: 1. Approving technical documentation for the construction, reparation and remodeling of yachts; 2. Type or individual approval of the machines, appliances and equipment intended for installation in a yacht; 3. Supervising materials, machinery, and equipment intended for yachts in the builder’s workshops; 4. Approving of manufacturers and service organizations; 5. Supervising of construction and installation of the hull, powered machines, devices and equipment in the shipyard; 6. Verification of yacht security; 7. Review, evaluation and verification of existing yachts. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union RULES FOR STATUTORY CERTIFICATION OF YACHTS Ø Categorization of yachts: 1. A - navigation without restrictions; 2. B - navigation up to 200 nautical miles from the port; 3. C 1 - navigation up to 60 nautical miles from the port, and 25 nautical miles from the coast; 4. C 2 - navigation up to 20 nautical miles from the port and 6 nautical miles from the coast; 5. CZ - navigation, during daylight and favorable weather conditions, up to 20 nautical miles from the port and 6 nautical miles from the coast. Ø Two parameters that determine the category of sailing yachts is the following; the condition of the hull/machinery and the equipment of the yacht. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union RULES FOR STATUTORY CERTIFICATION YACHTS Project category (Directive 94/25/EC) A Design category Wind Force extended voyages Ocean Significant wave height (H 1/3, metres) >8 >4 ≤ 8 ≤ 4 C Voyages in coastal waters Inshore ≤ 6 ≤ 2 D Voyages in coastal waters Inshore ≤ 4 ≤ 0. 3 B Offshore voyages MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union RULES FOR STATUTORY CERTIFICATION YACHTS Category sailing (Law on yachts) A Area sailing Wind Force Extended voyages Ocean Significant wave height (H 1/3, metres) >8 >4 B Offshore voyages ≤ 8 ≤ 4 C 1 Offshore voyages ≤ 4 ≤ 1 ≤ 2 ≤ 0. 2 C 2/C 3 Voyages in coastal waters Inshore MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union RULES FOR STATUTORY CERTIFICATION OF YACHTS Ø Yacht equipment - 32 essential parameters • Fire extinguishing equipment • Life saving appliances • The navigation equipment • Radio and GMDSS equipment • Ehaust emisions and noise • Sea pollution prevention • Buoyancy, stability and guidance • Equipment for disembarkation • Prevention from falling overboard and others MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 1: Free movement of goods

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union FURTHER STEPS Ø Amendments: • Law on Maritime and Inland Navigation (2011) • The Law for the Prevention of Pollution from Vessels (2011) MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 1: Free movement of goods

Thank you for your attention! QUESTIONS