Proposal for a COUNCIL DECISION On the principles, priorities and conditions contained in the European Partnership with Montenegro
Date: 2006-11-09
Institutions: European Commission
Subjects: Montenegro, aid policy, association agreement (EU), cooperation policy, economic stabilisation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 8.11.2006 
COM(2006) 654 final 

Proposal for a 

COUNCIL DECISION 

On the principles, priorities and conditions contained in the European Partnership with 
Montenegro 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  Thessaloniki  European  Council  of  19  and  20  June  2003  reiterated  its  determination  to 
fully  and  effectively  support  the  European  perspective  of  the  Western  Balkan  countries.  It 
endorsed the "Thessaloniki Agenda for the Western Balkans", which introduced the European 
Partnerships  as  a  means  of  realising  the  European  perspective  of  the  Western  Balkan 
countries.  

On 9 November 2005, the Commission presented an updated European Partnership for Serbia 
and  Montenegro  including  Kosovo  as  defined  by  the  United  Nations  Security  Council 
Resolution  1244  of  10  June  1999.  It  was  adopted  by  the  Council  on  30  January  2006. 
Montenegro proclaimed its independence on 3 June 2006 following a referendum held on 21 
May.  This  was  followed  by  recognition  by  the  EU  and  its  Member  States.  Therefore  the 
Commission  considers  it  appropriate  to  present  a  proposal  for  an  updated  European 
Partnership only for Montenegro. This proposal is based on the parts related to Montenegro of 
the current European Partnership for Serbia and Montenegro (including Kosovo), which has 
been  updated  to  add  priorities  addressing  the  new  competences  of  Montenegro  and  the 
challenges it faces as an independent state. 

This renewed European Partnership is based on the provisions of Council Regulation (EC) No 
533/2004  of  22  March  2004.  It  lists  short-  and  medium-term  priorities  for  the  country’s 
preparations  for  further  integration  with  the  European  Union.  In  order  to  respond  to  the 
European Partnership, the competent authorities in Montenegro should develop a plan with a 
timetable  and  specified  measures  Montenegro  intends  to  take  to  this  end.  The  progress  in 
implementing the priorities will be monitored regularly by the Commission. 

The European Partnership priorities form the basis for programming the financial assistance 
of the Community, which will continue to be provided under relevant financial instruments, in 
particular Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument 
for Pre-Accession Assistance (IPA). 

The  proposed  Council  Decision  has  no  financial  implications.  In  view  of  the  above,  the 
Commission invites the Council to adopt the attached proposal for a Council Decision. 

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Proposal for a 

COUNCIL DECISION 

On the principles, priorities and conditions contained in the European Partnership with 
Montenegro 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  Council  Regulation  (EC)  No  533/2004  of  22  March  2004  on  the 
establishment of European Partnerships and in particular to Article 2 thereof1, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The Thessaloniki European Council of 19 and 20 June 2003 endorsed the introduction 
of the European Partnerships as a means to materialise the European perspective of the 
Western Balkan countries. 

Regulation (EC) No 533/2004 provides that the Council is to decide on the principles, 
priorities and conditions to be contained in the European Partnerships, as well as any 
subsequent adjustments. 

Regulation (EC) No 533/2004  states that the follow-up to the European Partnerships 
will  be  ensured  through  the  mechanisms  established  under  the  stabilisation  and 
association process, notably by the annual progress reports. 

The  Council  adopted  on  14  June  2004  a  first  European  Partnership  with  Serbia  and 
Montenegro  including  Kosovo  as  defined  by  the  United  Nations  Security  Council 
Resolution  12442.  The  Council  decided  on  30  January  2006  to  update  this  European 
Partnership3. 

(5)  Montenegro  proclaimed  its  independence  on  3  June  following  a  referendum  on 

independence, which was organised on 21 May 2006. 

1 
2 

3 

OJ L 86, 24.3.2004, p. 1. 
Council Decision 2004/520/EC of 14 June 2004 on the principles, priorities and conditions contained in 
the  European  Partnership  with  Serbia  and  Montenegro  including  Kosovo  as  defined  by  the  United 
Nations Security Council Resolution 1244 of 10 June 1999 (OJ L 227, 26.6.2004. p. 21). 
Council Decision 2006/56/EC of 30 January 2006 on the principles, priorities and conditions contained 
in  the  European  Partnership  with  Serbia  and  Montenegro  including  Kosovo  as  defined  by  the  United 
Nations Security Council Resolution 1244 of 10 June 1999 and repealing Decision 2004/520/EC (OJ L 
35, 7.2.2006, p. 32). 

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(6) 

(7) 

(8) 

At the General Affairs and External Relations Council of 12 June 2006, the European 
Union  and  its  Member  States  have  decided  that  they  will  develop  their  further 
relations with the Republic of Montenegro as a sovereign, independent State. 

Therefore, it is appropriate to establish a new European Partnership with Montenegro 
on  the  basis  of  the  part  referring  to  Montenegro  of  the  European  Partnership  with 
Serbia and Montenegro adopted on January 2006, updated in view of the findings of 
the 2006 Progress Report, and supplemented with priorities addressing the challenges 
that Montenegro faces as an independent State. 

In  order  to  prepare  for  further  integration  with  the  European  Union,  the  competent 
authorities  in  Montenegro  should  develop  a  plan  with  a  timetable  and  specific 
measures to address the priorities of this European Partnership, 

HAS DECIDED AS FOLLOWS: 

Article 1 

In accordance  with Article 1 of Regulation (EC) No 533/2004, the principles, priorities and 
conditions  in  the  European  Partnership  with  Montenegro  are  set  out  in  the  Annex  hereto, 
which forms an integral part of this Decision, and replaces, for Montenegro, those set out in 
Decision 2006/56/EC. 

Article 2 

The implementation of the European Partnership shall be examined through the mechanisms 
established under the stabilisation and association process, notably the annual progress reports 
presented by the Commission. 

Article 3 

This  Decision  shall  take  effect  on  the  third  day  following  its  publication  in  the  Official 
Journal of the European Union. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

MONTENEGRO: 2006 EUROPEAN PARTNERSHIP 

1. 

INTRODUCTION 

The European Council endorsed the introduction of the European Partnerships as a means to 
realise the European perspective of the Western Balkan countries. 

On 9 November 2005, the Commission presented an updated European Partnership for Serbia 
and  Montenegro  including  Kosovo  as  defined  by  the  United  Nations  Security  Council 
Resolution  1244  of  10  June  1999.  It  was  adopted  by  the  Council  on  30  January  2006. 
Montenegro proclaimed its independence on 3 June 2006 following a referendum held on 21 
May.  This  was  followed  by  recognition  by  the  EU  and  its  Member  States.  Therefore,  the 
Commission  considers  it  appropriate  to  present  a  proposal  for  an  updated  European 
Partnership only for Montenegro. This proposal is based on the parts related to Montenegro of 
the current European Partnership for Serbia and Montenegro (including Kosovo). It adds the 
new competences of Montenegro and the challenges it faces as an independent State. 

The  competent  authorities  in  Montenegro  should  develop  a  plan  including  a  timetable  and 
specific measures to address the European Partnership priorities. 

2. 

PRINCIPLES 

The Stabilisation and Association Process remains the framework for the European course of 
the Western Balkan countries, all the way to their future accession. 

The  main  priorities  identified  relate  to  its  capacity  to  meet  the  criteria  defined  by  the 
Copenhagen  European  Council  of  1993  and  the  conditions  set  for  the  Stabilisation  and 
Association Process, notably the conditions defined by the Council in its Conclusions of 29 
April  1997  and  21  and  22  June  1999,  the  content  of  the  final  declaration  of  the  Zagreb 
Summit of 24 November 2000 and the Thessaloniki Agenda. 

3. 

PRIORITIES 

The  priorities  listed  in  this  European  Partnership  have  been  selected  on  the  basis  that  it  is 
realistic to expect that Montenegro can complete them or take them substantially forward over 
the next few years. A distinction is made between short-term priorities, which are expected to 
be accomplished within one to two years, and medium-term priorities, which are expected to 
be  accomplished  within  three  to  four  years.  The  priorities  concern  both  legislation  and  its 
implementation. 

Taking  into  account  the  substantial  costs  involved  with  meeting  all  the  EU  requirements  as 
well as the complexity of these requirements in certain areas, this partnership does not include 
all important tasks at this stage. Future partnerships will include further priorities in line with 
progress made by the country. 

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Among the short term priorities, the key ones have been identified and grouped together at the 
beginning  of  the  list.  The  order  of  these  key  priorities  does  not  imply  a  ranking  in  their 
importance. 

3.1. 

Short-Term Priorities 

Key Priorities 

–  Adopt a new Constitution, based on broad consensus, in line with European standards, in 
particular  in  the  areas  of  human  and  minority  rights,  organisation  of  the  judiciary,  audit, 
defence and security structures. 

–  Complete the establishment of the legal and institutional set-up required for an independent 
country  including  the  signature  and  ratification  of  the  international  instruments  that  the 
State Union of Serbia and Montenegro had adhered to. 

–  Continue efforts to implement the reform of the public administration, including the civil 
service pay system, to ensure transparent recruitment, professionalism and accountability; 
continue,  in  particular,  to  strengthen  the  European  integration  structures  at  all  levels 
(including in line ministries and in the Parliament) and mechanisms of coordination on EU 
matters. 

–  Finalise  plans  to  reform  the  judicial  system;  remove  recruitment  and  career  management 
from  the  Parliament's  powers  and  establish  transparent  procedures  based  on  professional 
and  objective  criteria  for  selection  and  career  advancement;  rationalise  the  court  system 
and modernise proceedings and improve administration; provide adequate and sustainable 
financing for the judicial system. 

–  Strengthen parliamentary control over defence and security structures. 

–  Continue  ensuring  full  cooperation  with  International  Criminal  Tribunal  for  the  former 

Yugoslavia (ICTY). 

–  Strengthen  the  capacity  to  adopt  and  implement  measures  deriving  from  commitments 
negotiated  under  the  Stabilisation  and  Association  Agreement,  in  particular  upgrade  the 
capacity of customs to correctly apply the rules of origin and the methods of administrative 
cooperation. 

Political criteria 

Democracy and the rule of law 

Elections 

–  In  line  with  the  recommendations  of  the  Office  for  Democratic  Institutions  and  Human 
Rights,  de-politicise  the  election  administration,  improve  its  functioning,  in  particular 
regarding  announcement  of  results,  codify  election  legislation,  establish  rules  for  media 
coverage of campaigns and introduce rules guaranteeing transparency for the allocation of 
seats  in  line  with  European  standards;  set  up  a  transparent  framework  for  campaign 
financing. 

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Parliament 

–  Strengthen  the  overall  legislative  and  control  capacity  of  the  Parliament  in  particular 

through the implementation of the newly adopted Rules of Procedure. 

–  Strengthen the capacity of the Parliament in new areas of competence. 

–  Strengthen  the  functioning  of  the  Committee  on  European  Integration  and  provide 

appropriate administrative and expert support. 

Public administration 

–  Strengthen the administrative capacity of the Ombudsman’s Office; ensure proper follow-

up of the Ombudsman's recommendations. 

–  Continue the implementation of the decentralisation process and upgrade the capacities of 

municipalities. 

Judicial system 

–  Ensure implementation of the legislation on mandatory initial and continuous training for 
judges, prosecutors and court support staff, and continue to strengthen the Judicial Training 
Centre. 

–  Finalise  plans  to  reform  the  judicial  system;  remove  recruitment  and  career  management 
from  the  Parliament  and  establish  transparent  procedures  based  on  professional  and 
objective  criteria  for  selection  and  career  advancement;  rationalise  the  court  system  and 
modernise  proceedings  and  improve  administration;  provide  adequate  and  sustainable 
financing for the judicial system. 

–  Provide  guarantees  to  strengthen  the  autonomy  and  efficiency  of  the  prosecution  system, 
including in relation to budget issues. Strengthen the office of the prosecutor for organised 
crime and upgrade the capacity in the area of anti-corruption policy. 

–  Upgrade the capacity of the Ministry of Justice for international judicial cooperation. 

Anti corruption policy 

–  Amend  the  law on  conflict  of  interest  and implement it in order to eliminate all possible 

cases of conflict of interests of officials. 

–  Upgrade  efforts  to  implement  the  anti-corruption  strategy,  notably  through  providing 
adequate  financial  and  human  resources  to  law  enforcement  bodies  to  ensure  its 
implementation. 

–  Develop  and  fully  implement  the  laws  on  political  parties  and  the  financing  of  political 

parties ensuring transparency and clarity. 

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Human rights and the protection of minorities 

–  Ensure  effective  mechanisms  for  implementation  of  the  obligations  deriving  from 
international  instruments,  notably  with  regard  to  the  European  Convention  on  Human 
Rights  and  Fundamental  Freedoms  and  the  European  Convention  for  the  Prevention  of 
Torture. 

–  Take comprehensive and transparent action in all alleged cases of ill-treatment. Strengthen 

the internal control services dealing with ill-treatment by law enforcement agents. 

–  Improve  prison  conditions,  in  particular  as  regards  vulnerable  groups  such  as  juvenile 
offenders  and  those  in  need  of  psychiatric  care;  ensure  appropriate  monitoring  of  prison 
conditions for long-term inmates and for organised crime inmates, ensure further training 
of penitentiary staff and improvement of special needs facilities. 

–  Adopt comprehensive anti-discrimination legislation.  

–  Ensure  implementation  of  the  Law  on  access  to  public  information.  Continue  the 
transformation  of  Radio  and  Television  of  Montenegro  into  a  public  service  broadcaster 
and provide appropriate means for it. 

–  Implement the memorandum on cooperation between NGOs and governmental bodies. 

–  Continue implementing the legislation on the restitution of property. 

–  Provide an adequate framework, including at Constitutional level, for the protection of the 
rights of minorities. Implement the Strategy and Action Plan relevant to the integration of 
Roma people, including refugees. 

Regional issues and international obligations  

–  Continue  strengthening  regional  cooperation  and  good  neighbourly  relations.  Implement 
free  trade  agreements  with  neighbouring  countries,  notably  in  the  context  of  the  new 
CEFTA.  Upgrade  cross-border  co-operation  in  the  areas  of  the  fight  against  organised 
crime, trafficking and smuggling, judicial co-operation, border management, environment, 
transport and energy. 

–  Ensure  protection  of  the  rights  of  refugees  and  internally  displaced  persons.  Repeal  all 
discriminatory provisions in the fields of labour, access to property rights, legal redress and 
access  to  citizenship;  guarantee  unhindered  access  to  health  services  and  personal 
documents. Ensure the right of a real choice between sustainable return and integration and 
provide conditions for integration for those who choose the latter. 

–  Align  national  legislation  and  practice  with  the  relevant  international  standards  and 
agreements through the signing and ratification of the relevant international instruments at 
the level of the Council of Europe and the United Nations on fighting organised crime and 
financial crime, including corruption. 

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Economic criteria 

–  Sustain  macroeconomic  stability  by  pursuing  the  necessary  fiscal  adjustment  and 

consolidation. 

–  Develop  the  institutional  and  analytical  capacity  necessary  to  draft  and  implement  the 

"Economic and Fiscal Programme" proposed by the Commission services. 

–  Implement  the  Public  Expenditure  Management  System,  notably  programme  budgeting, 

medium-term budgeting and the introduction of elements of accrual accounting. 

–  Fully  integrate  capital  budget  into  general  government  accounts,  including  local 

government capital expenditures. 

–  Continue the restructuring and privatisation process of publicly owned enterprises. 

–  Adopt and implement the law on insurance supervision. 

–  Continue  efforts  to  promote  adaptability  and  skills  of  the  labour  force,  with  full 

engagement of employers and trade unions in that process. 

–  Continue to make the necessary adjustments to the Montenegrin trade regimes, to render it 

compatible with the autonomous trade measures and the future SAA. 

European Standards 

Internal market   

Free movement of goods 

–  Complete  the  establishment  of  the  legal  and  institutional  set-up  on  standardisation, 
certification,  metrology,  accreditation  and  conformity  assessment  in  line  with  the  EU 
acquis to create conditions favourable to trade. Start adopting European standards. 

–  Establish internal consultation and notification mechanisms for new technical regulations 

prior to their adoption on measures having an impact on trade. 

–  Establish  a  legal  framework  and  administrative  capacity  for  active  consumer  and  health 

protection in line with EU consumer and health policy.  

–  Continue  the  necessary  reforms  to  comply  with  WTO  rules  and  obligations  in  order  to 

accelerate the WTO accession process. 

Customs and taxation 

–  Further  align  customs  legislation  and  procedures  with  the  acquis.  Continue  to  modernise 
the customs administrations in order to ensure a high level of administrative capacity and 
to fight against corruption, cross-border crime and fiscal evasion. 

–  Amend and implement legislation in the area of rules of origin in order to introduce a legal 
basis  for  the  application  of  the  EC  rules  of  origin  for  the  purposes  of  the  Autonomous 

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Trade Measures, for this purpose ensure the provision information and training to operators 
and customs officers. 

–  Further approximate tax legislation with the acquis. Improve implementation of tax laws, 

focussing on revenue collection and control in order to reduce tax fraud. 

–  Apply the principles of the Code of Conduct for Business Taxation and ensure that new tax 

measures are in conformity with these principles. 

Competition 

–  Establish and provide adequate means for the operation of a competition authority with full 

functional independence. 

–  Strengthen the state aid framework and increase transparency, as a first step towards state 
aid control in line with the requirements of the Stabilisation and Association Agreement. 

Public procurement 

–  Implement an effective public procurement regime in line with EU principles, including in 
relation to remedies. Ensure full transparency of procedures, regardless of the value of the 
contract concerned, and non-discrimination between Montenegrin and EU suppliers. 

–  Ensure the establishment and functioning of the Public Procurement Agency and Review 
Body and upgrade their administrative capacity; provide appropriate training of responsible 
staff in contracting entities to implement procurement rules. 

Intellectual property law 

–  Significantly strengthen the level of protection of intellectual property rights, in particular 
by  adopting  a  comprehensive  legal  framework  on  intellectual  property  rights,  including 
effective  enforcement  provisions,  and  by  establishing  an  Intellectual  Property  Rights 
Office. 

–  Strengthen  implementation  and  enforcement  capacity  in  this  field,  including  in  border 

services, law enforcement agencies and the judiciary. 

–  Formally  confirm  participation  in  the  main  international  agreements  in  the  field  of 

intellectual property law. 

Financial services 

–  Strengthen  the  regulatory  and  supervisory  framework  for  financial  institutions  and 
markets, consistent with current EU practices, in particular concerning the banking sector. 

–  Reinforce  co-operation  with  the  home  supervisors  of  foreign  banks  with  significant 

subsidiaries in Montenegro, including by concluding co-operation agreements. 

Company law 

–  Strengthen  enforcement  of  financial  reporting  requirements,  in  particular  for  financial 

institutions and listed companies. 

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Employment and social Policies 

–  Upgrade the capacity of the Ministry of Labour and Social Welfare on policy formulation 
and  monitoring,  with  emphasis  on  labour  market  integration  of  youth,  women  and 
vulnerable  groups;  upgrade  performance  management  of  active  employment  measures 
implemented by the Montenegrin Employment Service. 

–  Enhance the work of labour inspectorates to ensure health and safety at work.  

–  Step up efforts to promote quality in the education system and life-long learning. 

–  Continue  improving  the  quality,  efficiency  and  relevance  of  the  higher  education  system 

and support its integration into the European Higher Education Area. 

Sectoral policies  

Industry and SME 

–  Continue implementing the European Charter for Small Enterprises. 

–  Strengthen the investment promotion agency. Improve business advocacy/consultation. 

–  Adopt  the  law  on  harmonisation  and  acceleration  of  licensing  and  systems  for  issuing 
permits implement legislation in close co-operation with local government authorities and 
adopt and implement the action plan on the reduction of business barriers. 

–  Accelerate the setting up and implementation of a national guarantee fund for SMEs. 

Agriculture and fisheries 

–  Continue  strengthening  administrative  capacity  for  agricultural  and  rural  development 

policy formulation and implementation. 

–  Adopt  the  food  safety  law,  a  law  on  animal  welfare  and  a  new  veterinary  law  and 
strengthen  the  veterinary  and  phytosanitary  services,  including  control  and  laboratory 
capacities. 

–  Continue  efforts  to  align  legislation  with  the  EU  veterinary  and  phytosanitary  acquis 
including the setting up of an integrated food safety system aiming at avoiding overlapping 
and  increasing  food  safety.  Prepare  a  system  of  animal  identification  and  registration  for 
bovines in line with EU requirements. 

–  Finalise  the  fisheries  strategy  and  upgrade  the  capacity  of  Montenegro  to  conduct  a 

fisheries policy in line with the EU standards including in international cooperation. 

Environment 

–  Continue approximating legislation to EU legislation and standards, notably environmental 
protection  framework  legislation.  Develop  the  administrative  capacity  to  implement  and 
enforce adopted legislation. 

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–  Develop  an  overall  environment  protection  strategy  (water,  waste,  air).  Adopt  the  Land 
Use Plan. Adopt the Sustainable Development Strategy and sectoral strategies (integrated 
coastal  zone  management,  biodiversity,  climate  change).  Strengthen  environmental 
management administrative capacity. 

Transport policy 

–  Continue  to  align  the  aviation  legislation  including  air  traffic  control  with  the  acquis,  in 
line  with  the  commitments  undertaken  by  signing  the  European  Common  Aviation  Area 
Agreement. 

–  Strengthen the Civil Aviation Authority, and appoint an operationally independent aviation 
accident  investigation  body,  a  national  supervisory  body  for  the  air  navigation  service 
provider, and a body responsible for the enforcement of air passenger rights. 

–  Continue  implementing  the  Memorandum  of  Understanding  on  the  Development  of  the 
South  East  Europe  Core  Regional  Transport  Network  including  the  cooperation  in  the 
South East Europe Transport Observatory. 

–  Implement the road transport law (including establishment of the relevant implementation 
structures). Ensure sufficient resources for the maintenance of transport infrastructures and 
institutions. 

Energy 

–  Ratify  and  continue  implementing  the  commitments  undertaken  in  the  framework  of  the 

signed Energy Community Treaty. 

–  Complete  and  implement  the  Energy  Development  Strategy,  and  the  Energy  Efficiency 
Strategy; strengthen the administrative capacity of the Ministry of Economy in the field of 
energy. 

–  Put  in  place  a  regulatory  body  and  adopt  appropriate  legislation  in  the  field  of  nuclear 

safety and radiation protection 

Information society and media 

–  Strengthen  the  Agency  for  Telecommunications  to  foster  competition  in  the  market  by 
applying  the  relevant  legislation,  in  particular  in  relation  to  the  introduction  of  the 
necessary competitive safeguards in the market. 

–  Improve the administrative capacity of the Ministry of Economy in the area of electronic 
communications  Take  further  steps  in  tariff  balancing,  as  well  as  further  addressing  the 
terms and conditions  of interconnection tariffs, as well as addressing the  issue of licence 
fees. 

–  Guarantee the operational independence of the Broadcasting authority. 

–  Ensure smooth transition of Montenegrin Radio and Television to a public service provider 

and ensure means for its efficient functioning. 

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Financial control 

–  Upgrade  the  Public  Internal  Financial  Control  strategy  with  references  to  short-and 
medium-term objectives and with corresponding IT system support; enhance internal audit 
capacity. 

–  Further  strengthen  the  State  Audit  office  and  provide  for  the  appropriate  constitutional 

guarantees. 

Statistics 

–  Collect  and  transmit  statistical  information  in  compliance  with  statistical  requirements 
related  to  the  economic,  trade,  monetary  and  financial  areas,  consistent  with  current  EU 
practices. 

–  Revise  and  adopt  the  master  plan  on  statistics  with  a  view  to  enhancing  the  quality  and 
broadening  the  scope  of  statistics.  Reinforce  the  collection  and  processing  of  agriculture 
statistics in line with EU standards and methodology; implement HS nomenclature 2007. 

Justice, freedom and security 

Visa, border control, asylum and migration 

–  Develop institutional capacity in relation to visa policy and align visa policies with those of 

the EU. 

–  Strengthen  integrated  border  management  and  ensure  consistent  implementation  by  all 

responsible bodies including civilian control. 

–  Adopt the Asylum Law and carry out the construction of the planned reception centres for 

asylum seekers and refugees. 

Money laundering 

–  Ensure efficient implementation and coordination of the anti-money laundering legislation 

and strengthen the financial intelligence unit. 

Drugs 

–  Further develop the international cooperation capacity of the Centre for Fighting Drugs and 
Smuggling  and  improve  operational  analysis  capabilities,  including  the  establishment  of 
relevant databases.  

–  Develop a national strategy for combating drug abuse and trafficking, in line with the EU 
Drugs Strategy 2005-2012 and EU Action Plan on Drugs 2005-2008, and develop a public 
awareness campaign on drugs. 

–  Establish  standards  relating  to  the  prevention  of  the  diversion  of  precursors  and  other 

essential substances to the production of illicit drugs. 

–  Develop  the  capacity  of  relevant  law  enforcement  authorities  to  combat  drug  abuse  and 

trafficking. 

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Police 

–  Further  strengthen  the  professional  capacity  of  the  police,  by  specialised  training, 

development of intelligence and risk analysis tools. 

–  Ensure the functioning of the Police Academy. 

Fight against organised crime and terrorism 

–  Establish efficient institutional mechanisms for inter-agency cooperation in the area of the 
fight  against  organised  crime  and  upgrade  the  capacity  of  the  police  department  on  the 
fight against organised crime. 

–  Upgrade  capacity  to  use  special  investigative  means  in  line  with  appropriate  guarantees 

and strengthen criminal intelligence. 

–  Adopt the legislation and develop the capacity to seize assets and proceeds of crime. 

–  Increase  the  efficiency  of  international  cooperation  and  implementation  of  the  relevant 
international  conventions  on  terrorism  and  preventing  and  fighting  organised  crime; 
improve cooperation and the exchange of information between all branches of the security 
services and with other states; prevent the financing and preparation of acts of terrorism. 

Trafficking in human beings  

–  Continue  strengthening  the  fight  against  the  trafficking  of  human  beings,  including  the 

provision of adequate assistance and protection to the victims. 

Protection of personal data 

–  Adopt  legislation  on  the  protection  of  personal  data  and  set  up  an  independent  Data 

Protection Supervisory Authority. 

–  Take  the  necessary  steps  to  prepare  for  the  conclusion  of  a  cooperation  agreement  with 

Europol. 

3.2.  Medium-Term Priorities  

Political Criteria 

Democracy and the rule of law   

Constitutional issues 

–  Fully implement the new Constitution adopted in line with European standards. 

Elections  

–  Continue  providing  for  high  standards  regarding  the  organisation  of  elections;  enforce  a 

transparent framework for campaign financing. 

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Parliament 

–  Continue strengthening the capacity of the Parliament in all areas, in particular in relation 

to the adoption of the EU acquis. 

Public administration 

–  Further  strengthen  European  integration  units  in  the  line  ministries  and  coordination 

mechanisms on EU matters including on SAA and IPA. 

–  Develop principles, procedures and relevant administrative capacity in view of establishing 
a decentralised implementation system for management of EU assistance in line with EU 
requirements. 

–  Further  strengthen  the  Authority  for  Human  Resources  Management.  Strengthen  policy-

making process. Continue implementing decentralisation reform. 

–  Further  strengthen  transparent  recruitment,  professionalism  and  accountability,  among 

other with the instrument of Code of Ethics and guidelines. 

–  Continue  the  process  of  restructuring  and  reform  of  the  armed  forces,  including,  as 

appropriate, downsizing. 

Judicial system 

–  Ensure adequate functioning of the Judicial Training Centre. Implement the IT strategy for 

the judiciary. 

–  Complete  the  strategic  framework  for  judicial  reform;  implement  the  reform  plans; 
implement transparent recruitment and career management procedures; continue upgrading 
the resources of the judicial system. 

–  Continue upgrading the efficiency of the prosecution system. 

–  Continue  upgrading  the  capacity  of  the  Ministry  of  Justice  for  international  judicial 

cooperation. 

Anti-corruption policy 

–  Continue  with  determination  the  prevention  and  fight  against  corruption  at  all  levels  and 
provide  increased  means  for  prevention  and  suppression  of  corruption.  Ensure  full 
compliance with the UN Convention on the fight against corruption and with the relevant 
Council of Europe Conventions. 

–  Establish  effective  procedures  for  the  detection,  treatment  and  follow-up  of  cases  of 
suspected fraud and other irregularities affecting national and international, including EU, 
funds. 

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Human rights and the protection of minorities 

–  Implement the anti-discrimination legislation and legislation on minority rights. 

–  Continue improving prison conditions. 

–  Prevent and address ill-treatment by enforcement agencies. 

–  Ensure the inclusion of disabled or minority children in mainstream education; reform the 

childcare system.  

–  Continue to promote integration of minorities and good inter-ethnic relations. 

–  Continue cooperation with NGOs at government and municipal level. 

Regional issues and international obligations 

–  Facilitate  integration  for  refugees  who  choose  not  to  return.  Implement  the  National 
strategy  on  refugees  as  part  of  a  comprehensive  strategy  on  social  inclusion  and  social 
integration.  

–  Continue implementing regional cooperation arrangements. 

Economic criteria 

–  Strengthen  macroeconomic  stability  by  continuing  fiscal  adjustment  and  consolidation  to 

further reduce external imbalances. 

–  Increase  efficiency  of  government  expenditure,  notably  by  improving  the  budgetary 
process and financial management at central and local government level. Increase capacity 
for budget preparation and execution to enable prioritisation. 

–  Ensure a more flexible labour market through a gradual liberalisation. 

–  Strengthen the business environment to promote the development of the private sector and 
employment.  In  particular  streamline  commercial  judiciary  procedures,  especially  for 
bankruptcy cases. 

–  Design  and  start  applying  an  integrated  research  policy  to  support  research  and 

development activities. 

European Standards 

Internal market  

Free movement of capital 

–  Fully liberalise capital movements and payments in line EU principles. 

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Free movement of goods 

–  Further develop standardisation, in particular through the adoption of European standards. 
Continue  transposing  the  New  and  Global  Approach  and  Old  Approach  directives. 
Establish a market surveillance structure as required by the acquis. 

Customs and taxation 

–  Ensure  continued  approximation  of  Montenegrin  customs  and  taxation  legislation  to  the 
acquis, and further increase the administrative capacity to implement customs legislation, 
and to fight against corruption, cross-border crime and fiscal evasion. 

–  Improve transparency and the exchange of information with EU Member States in order to 

facilitate the enforcement of measures preventing the avoidance or evasion of taxes. 

–  Establish  a  transparent  exchange  of  information  with  the  Commission  and  its  Member 
States in order to strengthen the enforcement measures preventing tax fraud, evasion and 
avoidance. 

Competition 

–  Continue strengthening the competition authority including its functional independence. 

–  Continue strengthening the state aid framework and establish state aid control in line with 

the requirements of the Stabilisation and Association Agreement. 

Public procurement 

–  Continue strengthening the public procurement regime, including in the utilities sector and 
in relation to concessions, by further aligning domestic legislation with the acquis and by 
upgrading the administrative capacity of the Public Procurement Agency, the review body 
and of contracting entities.  

–  Continue ensuring full transparency of procedures, regardless of the value of the contract 

concerned, and non-discrimination between Montenegrin and EU suppliers. 

Intellectual property law 

–  Ensure a similar level of protection as that provided by the EU by fully aligning domestic 
legislation  with  the  acquis  on  intellectual  property  rights  and  by  continuously  strengthen 
administrative  capacity  and  enforcement  by  all  relevant  public  authorities,  including  in 
border services, law enforcement agencies and the judiciary. 

Financial services 

–  Establish a comprehensive regulatory and supervisory framework for financial institutions 

and markets in line with EU principles. 

Company law 

–  Start  aligning  financial  reporting  requirements  with  the  acquis  and  ensure  their  effective 

enforcement. 

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Employment and social Policies 

–  Further  upgrade  the  capacity  of  the  Ministry  of  Labour  and  Social  Welfare  on  policy 
formulation and monitoring, with emphasis on labour market integration of youth, women 
and  vulnerable  groups  and  on  modernising  social  policies;  further  upgrade  performance 
management  of  active  employment  measures 
the  Montenegrin 
Employment Service. 

implemented  by 

Sectoral policies  

Industry and SME 

–  Ensure the European Charter for Small Enterprises is fully implemented. 

–  Start introducing of regulatory impact assessments. Further improve access to finance and 

develop business support structures (clusters, incubators, business/technology parks). 

Agriculture and fisheries 

–  Further build administrative capacities in the agricultural and rural development sector for 
implementing  a  rural 

implementation.  Design  and  start 

policy  formulation  and 
development policy. 

–  Strengthen institutional capacity for food safety. Prepare a programme for up-grading food 
processing establishments to meet EU requirements. Start action in view of identification 
of sheep and goats and registration of their movements. Start action to ensure an efficient 
control  of  domestic  plant  production  in  particular  for  products  with  EU  specific 
requirements. 

–  Take  measures  to  ensure  that  the  fisheries  policy  moves  closer  to  EU  standards,  in 
particular in the areas of resource management, inspection and control and in market and 
structural policies. 

Environment 

–  Continue  the  approximation  of  legislation  to  EU  legislation  and  standards,  notably 

legislation on air pollution, water, chemicals. 

–  Begin  implementing  the  Land  Use  Plan  and  the  overall  environment  protection  strategy. 
Begin  implementing  the  Sustainable  Development  Strategy  and  other  sectoral  strategies 
(integrated  coastal  zone  management,  biodiversity,  climate  change).  Ensure  a  viable 
financial  framework  for  the  implementation  of  a  mid  to  long-term  environmental 
protection policy. 

–  Ratify and start implementing the Kyoto protocol. 

–  Continue strengthening the administrative capacity of line ministries and bodies in charge 
of environmental planning, permitting, inspecting, enforcement and monitoring, as well as 
project management. 

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Transport policy 

–  Strengthen capacity building, including project preparation for large investments. Continue 
to  earmark  sufficient  resources  for  the  maintenance  of  transport  infrastructures  and 
institutions. 

–  Implement 

international  commitments  under 

International  Maritime  Organisation 
Conventions  and  improve  maritime  safety  conditions of the fleet in the light of the Paris 
Memorandum of Understanding. 

Energy 

–  Adopt  and  implement  a  long  term  strategy  for  an  environmentally  sustainable  energy 

policy. 

–  Continue  to  implement  regional  and  international  commitments  in  this  area  in  view  of 

establishing a competitive regional energy market. 

–  Become  party  to  international  nuclear  safety  conventions  to  which  Euratom  is  already  a 

Contracting Party. 

Information society and media 

–  Finalise transposition of the EU 2002 framework for electronic communications. 

–  Establish  a  competitive  electronic  communications  market 

through  progressive 
implementation of legislation, and by applying competitive safeguards and addressing any 
existing market entry barriers. 

–  Maintain  the  independence  of  the  regulatory  authorities  and  ensure  there  are  sufficient 

resources and expertise to execute their tasks.  

–  Fully align legislation to the audiovisual acquis. 

Financial control 

–  Develop  and  implement  the  principles  of  decentralised  managerial  accountability  and 
functionally  independent  internal  audit  in  accordance  with  the  internationally  accepted 
standards and EU best practice. 

–  Strengthen the operational capacity and functional as well as financial independence of the 

State Audit Office. 

–  Develop procedures and administrative capacities to ensure effective protection of the EU 

financial interests. 

Statistics 

–  Continue developing reliable economic statistics. Build up institutional capacity to produce 
and  publish  basic  statistical  data  harmonised  with  European  standards  in  the  area  of 
business statistics, labour market statistics and national accounts. 

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–  Fully include local government into general government accounts. 

Justice, freedom and security  

Visa, border control, asylum and migration 

–  Develop  the  technical  infrastructure  and  human  resource  capacities  to  implement  the 
Integrated  Border  Management  policy  including  strengthening  the  border  police  and  the 
customs services. Improve cross-border facilitations through new border posts.  

–  Further align visa policy with the EU legislation and practice. 

Drugs 

–  Strengthen inter-agency and international cooperation and further develop the capacity of 

relevant law enforcement authorities to combat drug trafficking. 

Police 

–  Continue restructuring; ensure accountability; reform police education; ensure cooperation 

among law enforcement agencies. 

Fight against organised crime and terrorism  

–  Develop  an  effective  system  of  witness  protection  which  also  incorporates  regional 

elements.  

–  Reinforce the fight against economic and financial crime (including money-laundering and 
counterfeiting of currencies), fraud and corruption and improve the related legislation.  

–  Facilitate the placement of liaison officers, seconded by EU member states in the relevant 
state  bodies  involved  in  the  fight  against  organised  crime.  Implement  the  Palermo 
Convention  and  its  Protocols  on  trans-national  organised  crime  and  the  applicable 
international standards on financial and economic crime. 

–  Increase  administrative  and  judicial  capacity  to  implement  the  criminal  code  as  regards 
organised  crime.  Further  strengthen  the  Unit  for  the  fight  against  organised  crime  in  the 
Ministry  of  Interior  and  ensure  coordination  of  all  the  enforcement  bodies  including  the 
further development of appropriate criminal intelligence capacity. 

–  Reinforce  the  fight  against  economic  and  financial  crime  (including  the  fight  against 
counterfeiting of both cash and non-cash means of payment) and upgrade institutional and 
administrative capacity to deal with related challenges. 

Protection of personal data 

–  Ensure the smooth functioning of the Data Protection Supervisory Authority. 

–  Ensure the capacity of state authorities, in particular law enforcement bodies, to implement 

the legislation on protection of personal data. 

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4. 

PROGRAMMING 

Community assistance under the Stabilisation and Association Process to the Western Balkan 
countries will  be provided under the existing financial instruments, in  particular  by  Council 
Regulation  (EC)  No  1085/20064.  Accordingly,  this  Decision  will  have  no  financial 
implications.  Montenegro  can  have  access  to  funding  from  multi-country  and  horizontal 
programmes. 

5. 

CONDITIONALITY 

Community  assistance  to  the  Western  Balkan  countries  is  conditional  on  progress  in 
satisfying the Copenhagen criteria as well as progress in meeting the specific priorities of this 
European  Partnership.  Failure  to  respect  these  conditions  could  lead  the  Council  to  take 
appropriate  measures  on  the  basis  of  Article  21  of  Council  Regulation  (EC)  No  1085/2006. 
Community  assistance  shall  also  be  subject  to  the  conditions  defined  by  the  Council  in  its 
Conclusions of 29 April 1997, in particular as regards the recipients’ undertaking to carry out 
democratic, economic and institutional reforms. 

6. 

MONITORING 

The implementation of the European Partnership shall be examined through the mechanisms 
established  under  the  Stabilisation  and  Association  Process,  notably  the  annual  Reports 
presented by the Commission. 

4 

OJ L 210, 31.7.2006, p. 82. 

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