MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union
Working Group for Chapter 14 – Transport policy
Bilateral screening: Chapter 14
PRESENTATION OF MONTENEGRO
Brussels 27-30 May 2013
Chapter 14: Transport policy - Regulatory Area: Maritime Transport - Insurance
INSURANCE
Ana Kusovac
Ministry of transport and maritime affairs
[email protected]
MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 14: Transport policy
Chapter 14: Transport Policy
CONTENT
Legal Framework
Current and Future Activities
MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 14: TRANSPORT POLICY
Chapter 14: Transport policy - Regulatory Area: Maritime Transport - Insurance
LEGAL FRAMEWORK
Marine insurance in Montenegro is governed by Law on Marine and Inland Navigation
("Official Gazette of FRY”, No. 12/98, 44/99, 44/99 and 73/00).
The provisions of this Law apply to:
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insurance on ship, her machinery, installations, outfit and stores also on goods and
other things which are transported by ship or are on board ship;
insurance on freight, passage money, charges of insurance, expenses of equipping a
ship, general average expenditure, salvage awards, expected profits, commissions,
crew’s earnings, securities and other rights and material benefits which exist or can be
reasonably expected in connection with the navigation or with the transport of goods
by ship and which can be quantified in terms of money;
insurance against liability for losses caused to third parties in connection with the
right to of ownership or to exploit ship, etc.
MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 14: Transport policy
Chapter 14: Transport policy - Regulatory Area: Maritime Transport - Insurance
LEGAL FRAMEWORK
Legislative framework that currently regulates the field of compulsory
insurance in maritime transport consists of the following:
Law on Sea Protection from Pollution by Vessels ("Official Gazette of
Montenegro” No. 20/11 and 26/11), Articles 57 and 58;
Law on Compulsory Transport Insurance ("Official Gazette of
Montenegro” No. 46/07 and 44/12, Chapter VI, Articles 45, 46 and 47;
Law on Marine and Inland Navigation ("Official Gazette of FRY”, No.
12/98, 44/99, 44/99 and 73/00). čl. 889-905, 879-888.
MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 14: Transport policy
Chapter 14: Transport policy - Regulatory Area: Maritime Transport - Insurance
CURRENT AND FUTURE ACTIVITIES
The EU Directive 2009/20/EC is to be implemented into Montenegrin legislation through the Law on
Security of Maritime Navigation .
According to the provisions of this Law, each ship (domestic and foreign) of 300 gross tonnage or
more, except warships, auxiliary warships or other State owned or operated ships used for a non
commercial public service, intending to enter a Montenegrin port, or call at an offshore terminal
situated in the territorial sea of Montenegro, must provide an evidence of insurance for marine claims
specified in the 1976 Convention on Limitation of Liability for Maritime Claims, as amended by the
1996 Protocol, and subject to limitation under the 1996 Protocol.
According to the provisions of this Law, each ship of 300 gross tonnage or more flying the
Montenegrin flag is obligeted to maintain in force the insurance cover as specified in the EU Directive
2009/20/EC (with or without deductibles, P & I insurance of the type currently provided by members
of the International Group of P & I Clubs, and other effective forms of insurance, etc).
There are provisions in this Law defining the penalties for the breach of its provisions.
There is also provisions in this Law ensuring that any inspection of a ship in a port under
Montenegrin jurisdiction includes verification that a certificate of insurance is carried on board.
MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 14: Transport policy
Chapter 14: Transport policy - Regulatory Area: Maritime Transport - Insurance
CURRENT AND FUTURE ACTIVITIES
RATIFICATION OF THE CONVENTION ON LIMITATION OF LIABILITY
FOR MARITIME CLAIMS 1996
MONTENEGRO
Negotiating Team for the Accession of Montenegro to the European Union
Chapter 14: Transport policy
Thank you for your attention
QUESTIONS