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

Bilateral screening: Chapter 3

PRESENTATION OF MONTENEGRO

Brussels, 29. November 2012

Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications

Working Group for Chapter 3

Right of establishment and freedom to provide services

Bilateral screening: Chapter 3

Presentation of Montenegro
Brussels, 29. November 2012

MONTENEGRO Poglavlje 25
Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:
Nauka i istraživanje
Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications

Conditions for the performance of the regulated

professions Arhitects

Presented by Senka Vukčević

Indipendent advisor in Ministry for Labor and Social Walfare
senka.vukcevic@mrs.gov.me

Ljubo D. Stjepčević, arh. dipl. ing.

Pero Vukčević , arh. dipl. ing.
Engineers Chamber of Montenegro
ing.komora@t-com.me
MOMNOTNETNEENGERGOR O
Negotiating Team forfor
thethe
Accession of of
Montenegro to the European Union Chapter 3:
Negotiating Team Accession Montenegro to the European Union
Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications

Relevant acquis

Celex: 32005L0036 - 2005/36/EC of 07.09.2005

MOMNOTNETNEENGERGOR O
Negotiating
Negotiating Team
Team forfor
thethe Accession
Accession of of Montenegro
Montenegro to the
to the European
European Union
Union Chapter 3:
Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications

OUTLINE

I LEGISLATION FRAMEWORK

II INSTITUTIONAL FRAMEWORK

MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:
Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications

I Legislation in Montenegro 1/3

Law on Spatial Development and Construction of Structures

(,,Official Gazette of Montenegro”, No 51/08, 34/11)
 Law on Changes and Amendments of Law on Spatial
Development and Construction of Structures
(“Official Gazette of Montenegro“, No 34/11)
Law on promotion of business environment
(,, Official Gazette of Montenegro”, No 40/10)

Rulebook on Programme and Methods of Professional

Examination for Performing Tasks in the Field of Spatial
Development and Construction of Structures
(,, Official Gazette of Montenegro”, No 49/12)

MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:
Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications

I Legislation in Montenegro 2/3

 Rulebook on Methods and Procedures of Issuing and

Depriving Licenses and Methods of Keeping the Register
of Licenses
(,, Official Gazette of Montenegro”, No 68/08)

 Rulebook on Conditions and Methods Verifications and

Cancellation of Verified Licenses of a Foreign Persons
(,, Official Gazette of Montenegro”, No 68/08, 33/11)
 Rulebook on Amendments of Rulebook on Conditions and
Methods Verifications and Cancellation of Verified
Licenses of a Foreign Persons
(,, Official Gazette of Montenegro”, No 33/11)

MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:
Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications

I Legislation in Montenegro 3/3

 Regulation of Delegating Part of Duties From Ministry of
Sustainable Development and Tourism to the Chamber in the
Field of Spatial Development and Construction of Structures
(,, Official Gazette of Montenegro”, broj 21/11)

 Statute of the Engineers Chamber of Montenegro

(No 620/4 from 26th March 2012. )

 Rulebook on Reimbursement of the Engineers Chamber of

Montenegro
( No 01-3062 from 02th October 2012. )
 Ethical Codex ( with changes and amendments) of the
Engineers Chamber of Montenegro, from 5th November2009
godine,
MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:
Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications

Law on Spatial Development and Construction of

Structures 1/5

The Law shall regulate the system of spatial development of

Montenegro, the manner and requirements for construction of
structures, as well as other matters of importance for spatial
development and construction of structures. (Art. 1)

Architectonic profession is defined as activity performed by

”commercial entity”, ”legal person” or ”contractor” in order to gain
profit, by providing services:
• Preparation of Planning documentation,
• Preparation of Technical documentation,
• Revision of Technical documentation ,
• Construction of facilities, or individual works on building
constructions and technical acceptance of performed works on the
facilities
MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:
Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications

Law on Spatial Development and Construction of

Structures 2/5

• In order to provide professionality and protection of public

interest, persons who are working on the spatial development and
construction of structures, perscribed by this Law, conditions for
performing mentioned works are foreseen.

• Beside perscribed higher education for (at least four year study
programme) as a condition for performing works in the sfere of
Architectonic profession, after an expiration of one year (1) period
of working experience, obligation for passing professional
examination is foreseen.

MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:
Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications

Law on Spatial Development and Construction of

Structures 3/5

•Professional examination which is prescribed as the

requirement for performance of activities defined under this Law
shall test the knowledge of regulations in the area of spatial
development and construction of structures, as well as other
regulations of Importance for its application.

•Ministry competent for affairs of spatial development and

construction of structures
(hereinafter referred to as: the Ministry) shall prescribe the
program and manner of taking professional examination. After a
successfuly passed exam, Cerificate will be provided. Person who
has passed the professional exam will be registered.

MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:
Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications

Law on Spatial Development and Construction of

Structures 4/5
 For Preparation of Planing Documentation following conditions are
foreseen:
 Authorization for preparation of planning documentation (Art. 83)
 Technical documentation may be developed by a business organization,
legal entityor entrepreneur registered with the Central Registry of the
Commercial Court forperformance of the activity of development
oftechnical documentation andwhich meets all requirements prescribed
under this Law.
 Business organization, must have as employee a responsible designer.
 Business organization shall conclude contract for development of certain
parts of the technical documentation with another business organization,
legal entity or entrepreneur having a responsible designer as employee.
 Authorization for a Foreign Person to Develop Planning
Documentation
 Planning document may also be developed by a foreign person providing
that meets the requirements prescribed underArticles 35 and 36 of this
Law.
MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:
Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications

Law on Spatial Development and Construction of

Structures 5/5
 Liability for Damage and Liability Insurance(Art. 71)
 Parties to the construction of a structure (investor, business organizations that
develop technical documentation, review technical documentation, build the
structure, perform professional supervision of the building of structures) shall be
liable for direct damage to third parties arising from their work and contracted
obligations.

 Works on construction of structures

 Authorization to construct(Art.106)
 The construction of a structure, i.e. Performance of specific works in construction of
a structure may be performed by a business organization, legal entity or
entrepreneur registered with the Central Register of the Commercial Court to
perform construction activities i.e. to perform specific works, provided it fulfills the
conditions prescribed by this Law.
• The business organization, legal entity or entrepreneur referred to in paragraph 1
of thisArticlemusthavea responsibl eengineer employed.
MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:
Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications

II Institutional Framework

 Ministry of Spatial Development and

Construction of Structures
 Ministry of Labor and Social Care
 Ministry of Justice
 Engineers Chamber

MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:
Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications

ENGINEERS CHAMBER OF MONTENEGRO 1/3

Foundation (Article 139)
For the purpose of ensuring expertise and protection of public
interest, the persons working on activities of spatial development
and construction of structures, prescribed by this Law shall acquire
membership in the Engineers Chamber of Montenegro (hereinafter:
the Chamber).
The Chamber has the capacity of a legal person with rights and
responsibilities established by Law and the Articles of Incorporation
of the Chamber.
The Articles of Incorporation of the Chamber regulate the
organization of the Chamber, work and functioning of the Chamber
bodies, election manner and authorizations of bodies, manner of
decision-making and implementation of decisions and other issued
of significance for work of the Chamber.
The Ministry shall approve the general acts of the Chamber, which
are related to public authorizations
MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union Chapter 3:
Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications

ENGINEERS CHAMBER OF MONTENEGRO 2/3

Chamber competence (Article 140)
The Chamber shall perform the following activities:
• 1)keep the registry of the Chamber members;
• 2)ensure improvement and education of the members of the Chamber;
• 3)adopt the code of ethics and ensure its implementation;
• 4)conduct disciplinary proceedings against its members and impose
measures;
• 5)determine minimum price for technical documentation, review,
technical inspections and supervision for residential and residential-business
structures;
• 6)control the application of the price referred to in item 5of this Article;
• 7)organize and enforce the taking of professional examination according to
the provisions oft his Law;
• 8)determine the amount of membership fee and registration fee of its
members and
• 9)protect and represent the interests of its members;
MOMNOTNETNEENGERGOR O
Negotiating
Negotiating Team
Team forfor
thethe Accession
Accession of of Montenegro
Montenegro to the
to the European
European Union
Union Chapter 3:
Chapter 3: Right of establishment and freedom to provide services / Mutual recognition of qualifications

ENGINEERS CHAMBER OF MONTENEGRO 3/3

Chamber competence (Article 140)
• 10)perform other activities based on Law and Articles of Incorporation of the
Chamber. The Chamber shall perform the activities referred to in paragraph 1
items 5), 6) and 7)of this Article as a public authorization.
• The manner of performance of the control referred to in item 6) paragraph1 of
this Article shall be prescribed by the Chamber with the approval of the
Ministry. Law on Spatial Development and Construction of Structures 65
Official Gazette of Montenegro, number 51/08,The Ministry shall supervise the
performance of activities referred to in paragraph 1 items 5),6)and7)of this
Article.
Funding (Article 141)
The operations of the Chamber shall be funded from:
• 1)the membership fee;
• 2)fees, with regard to costs for activities referred to in 140 paragraph 1 items
6)and 7)of this Law;
• 3)fines for disciplinary misdemeanors and
• 4)other sources in accordance with the Law and the general act.
MOMNOTNETNEENGERGOR O
Negotiating
Negotiating Team
Team forfor
thethe Accession
Accession of of Montenegro
Montenegro to the
to the European
European Union
Union Chapter 3:
Thank you for your attention!

QUESTIONS ?