G/SCM/Q2/MNE/6  
 
1 May 2024 
(24-3507) Page: 1/4 
Committee on Subsidies and Countervailing Measures  Original:  English  
 
  
SUBSIDIES  
REPLIES TO QUESTIONS POSED BY AUSTRALIA1 REGARDING  
THE NEW AND FULL NOTIFICATION OF MONTENEGRO2 
The following communication, dated and received on 30 April 2024, is being circulated at the request 
of the delegation of Montenegro.  
 
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II SUPPORT FOR FISHERIES PRODUCTS  
1  MODERNIZATION OF PROFESSIONAL FISHING FLEET FOR DEMERSAL RESOURCES  
2 MODERNIZATION OF PROFESSIONAL FISHING FLEET FOR PELAGIC RES OURCES  
The above two programs are provided to professional fishers who are holders of the 
permits for large -scale commercial fishing.  
Question 1  
In order to understand the scope of this program, could Montenegro please clarify how it 
defines large -scale commercial fishing?  
Reply : 
The Law on Marine Fisheries and Mariculture defines large and small commercial fishing in the 
following way:  
Large -scale commercial fishing  
Large -scale commercial fishing is the fishing carried out by using fishing ve ssel shorter than 12 and 
longer than 12 m over all, with the following fishing tools and gear:  
1) bottom tow nets – trawls;  
2) pelagic (floating) trawls;  
3) purse seines;  
4) shore seines;  
5) beach seines;  
6) set nets;  
7) fish traps;  
8) harpoons with and without the use of artific ial light;  
9) long-lines and other hooks;  
10) scampi traps (Nephrops norvegicus);  
11) traps for big crustaceans, and  
12)"tramata " nets, also the nets for catching shellfish and other marine organisms.  
 
1 G/SCM/Q2/MNE/5  
2 G/SCM/N/401/MNE/Suppl.2  G/SCM/Q2/MNE/6  
 
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  Purpose, technical characteristics and the quantity of fishing tools and gear that is allowed for use 
in large -scale commercial fishing shall be laid down by the Ministry.  
Question 2 
For each of the above programs, could Montenegro please clarify the specific criteria 
attached to payments to professional fishers under these programs?  
Reply : 
In accordance with the Regulation on the conditions of the manner and dynamics of imp lementation 
of agrarian policy measures – Agrobudget, every year, the Ministry of Agriculture, Forestry and 
Water Management allocates funds for the modernization of the professional fishing fleet for catching 
demersal resources, pelagic resources and smal l-scale commercial fishing.  
Below are the criteria and conditions for achieving the support for modernization of professional 
fishing fleet for demersal resources:  
− dully recorded their catch in the electronic logbook during the calendar year;  
− have achieved  a minimum of 45 fishing days in 2021, except in the case when:  
a. the Applicant is the holder of a license for commercial fishing at sea that was issued for 
the first time in 2022;  
b. due to the loss or significant damage of the fishing vessel, the Applicant su bmitted the 
license for its storage to the competent authority for fisheries affairs;  
c. was not able to conduct fishing activities due to the justifiable health reasons.  
− have a functional device for the satellite monitoring system of fishing vessels (VMS), a s 
well as a device for automatic vessel identification (AIS), installed on the fishing vessel 
which is longer than 10 m;  
− they implemented the investment in 2022.  
Below are the criteria and conditions for achieving the support for modernization of professio nal 
fishing fleet for pelagic resources:  
− dully recorded their catch in the electronic logbook during the calendar year;  
− have achieved a minimum of 45 fishing days in 2021, except in the case when:  
d. the Applicant is the holder of a license for commercial fis hing at sea that was issued for 
the first time in 2022;  
e. due to the loss or significant damage of the fishing vessel, the Applicant submitted the 
license for its storage to the competent authority for fisheries affairs;  
f. was not able to conduct fishing activities due to the justifiable health reasons.  
− have a functional device for the satellite monitoring system of fishing vessels (VMS), as 
well as a device for automatic vessel identification (AIS), installed on the fishing vessel 
which is longer than 10 m;  
− they implemented the investment in 2022.  
1  MODERNIZATION OF PROFESSIONAL FISHING FLEET FOR DEMERSAL RESOURCES  
2 MODERNIZATION OF PROFESSIONAL FISHING FLEET FOR PELAGIC RESOURCES  
3 MODERNIZATION OF PROFESSIONAL FISHING FLEET IN SMALL -SCALE COMMERCIAL 
FISHING   
Question s 3 and 7  
Are there performance requirements attached to payments under these programs?  
Reply : 
In accordance with the rules of the Agrobudget and the Public Call for the Modernization of the 
Professional Fishing Flee t, it is prescribed that the beneficiary submits an application along with all 
necessary documents, clearly providing the required data and information for payment. After a G/SCM/Q2/MNE/6  
 
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  precisely defined procedure and completion of administrative and field controls, th e decision -making 
process is initiated, in accordance with the Law on Administrative Procedure, followed by the 
preparation of payment instructions in line with precisely defined rules, and the payment is made to 
the beneficiary's account."  
Question s 4 and  8 
Are these payments contingent on where the fishing takes place?  
Reply : 
In accordance with the Law on Marine Fisheries and Mariculture, it is defined that professional 
fishermen can conduct their fishing activities in the fishing waters of Montenegro. Th is includes the 
maritime and underwater areas of inland waters, territorial sea, and Montenegro's continental shelf, 
as determined by the law regulating maritime affairs.  
Given that there are no restrictions regarding fishing activities based on territory,  there are also no 
barriers regarding payments; criteria are defined based on whether it is large or small -scale 
commercial fishing. It is important to emphasize that when it comes to issuing these permits, 
Montenegro places great emphasis on sustainable f ishery management.  
The management of available fish resources is based on sustainability principles, with prior scientific 
opinions and recommendations obtained from the Institute of Marine Biology in Kotor, which is the 
designated scientific institution i n Montenegro. Each year, the Institute of Marine Biology, in 
collaboration with key scientific institutions in the region (such as Italy, Croatia, Albania, etc.), 
conducts research on demersal and pelagic resources. Based on the collected and processed dat a, 
they provide expert scientific opinions and recommendations for the sustainable utilization of white 
and blue fish resources in Montenegro.  
In this regard, the Ministry of Agriculture, as the competent state administration body for fisheries, 
formulates  and implements policies that determine the maximum permitted annual capacity of the 
fishing fleet and the maximum allowable annual catch of white and blue fish in Montenegro's fishing 
waters. Oversight of the implementation of these mechanisms, as well as  monitoring compliance 
with established quantities, is carried out by the Ministry of Agriculture through the Sea Fisheries 
Inspectors.  
Furthermore, the Ministry of Agriculture has established mechanisms to ensure an efficient system 
for collecting data on fishing activities, as well as cross -checking the entered data. Issuance of 
permits, granting access rights to resources, data collection on catches, species, quantities, 
biological data, sales, and market placement in Montenegro are con ducted electronically through the 
use of the Fisheries Information System, which implements provisions of the EU Common Fisheries 
Policy and mechanisms for collecting data on fishing activities.  
3 MODERNIZATION OF PROFESSIONAL FISHING FLEET IN SMALL -SCALE COMMERCIAL 
FISHING   
The above program provides funding to professional fishers who are holders of permits 
for small -scale commercial fishing.  
Question 5  
In order to understand the scope of this program, could Montenegro please clarify how it 
defines small -scale commercial fishing?  
Reply : 
The Law on Marine Fisheries and Mariculture defines large and small commercial fishing in the 
following way:  G/SCM/Q2/MNE/6  
 
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  Small -scale commercial fishing  
Small -scale commercial fishing is the fishing carried out by fishing vessels shorter than 12  m overall, 
with the following fishing tools and equipment:  
1) set nets;  
2) fish - traps for catching fish;  
3) harpoons with and without the use of artificial light;  
4) long-lines and other hooks;  
5) shore seines;  
6) "kalimera " and hand dredge – "grib", as we ll as collecting of shells and other marine 
organisms.  
Purpose, type, technical characteristics and the quantity of fishing tools and gear that is allowed for 
use in small -scale commercial fishing is laid down by the Ministry.  
Question 6  
Could Montenegro a lso please clarify the specific criteria attached to payments to 
professional fishers under these programs?  
Reply : 
Below are the criteria and conditions for achieving the support for modernization of professional  
fishing fleet for pelagic resources:  
− dully recorded their catch in the electronic logbook during the calendar year;  
− have achieved a minimum of 50 fishing days in 2021, except in the case when:  
a. the Applicant is the holder of a license for commercial fishing at sea that was issued fo r 
the first time in 2022;  
b. due to the loss or significant damage of the fishing vessel, the Applicant submitted the  
license for its storage to the competent authority for fisheries affairs;  
c. was not able to conduct fishing activities due to the justifiable h ealth reasons;  
− applicant holder of a commercial fishing licence issued for the first time in 2022;  
− they implemented the investment in 2022.  
 
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