MONTENEGRO Negotiating Team for the Accession of Montenegro

MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 14 –Transport policy Bilateral screening: Chapter 14 Brussels 27 -30 May 2013

Chapter 14: Transport Policy TRAINING OF SEAFARERS Ana Kusovac Ministry of transport and maritime affairs ana. kusovac@msp. gov. me MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport Policy

Chapter 14: Transport Policy CONTENT ØInstitutional Framework ØLegal Framework ØCurrent and Future Activities MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT POLICY

Chapter 14: Transport Policy INSTITUTIONAL FRAMEWORK TRAINING CENTERS • Ministry of transport and Maritime Affairs Harbour Master Offices - Bar and Kotor INSTITUTIONS (Examination Commission) FOR 4500 SEAFARERS EDUCATION MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport policy

Chapter 14: Transport Policy INSTITUTIONAL FRAMEWORK 3. June 2006. - Montenegro effectively became a member of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, (STCW Convention), and from that date is on the so called "White List" of the International Maritime Organization The Ministry of Transport and Maritime Affairs acts as the maritime administration in Montenegro. With regards to the STCW related tasks, the Ministry develops and implements policy governing competency standards, requirements for certification and assessment of competence. Ministry is responsible for approval and monitoring of the ancillary training courses offered by the recognised training centers and for appointing the assessors in charge of the assessment of competence. Maritime education and training programmes for officers are offered by the Maritime Faculty of the University of Montenegro, secondary maritime schools and training centers. Ancillary training is also offered by recognised training centers. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport policy

Chapter 14: Transport Policy INSTITUTIONAL FRAMEWORK 2012 – EMSA visited: - Ministry of Transport and Maritime Affairs in Podgorica - Harbour Master Office in Kotor Maritime Faculty of the University of Montenegro in Kotor - Azalea Maritime Training Centre in Bijela Focus – implementation of the STCW Convention and rewiew of the Maritime Education and trainning Review of the national legislation giving effect to the Convention including the requirements for certification of masters and officers. REPORT of the inspection – delivered ACTION PLAN prepared by Montenegro MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport policy

Chapter 14: Transport Policy LEGAL FRAMEWORK Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers (recast), OJ L 323, 3. 12. 2008, p. 33. Directive 2012/35/EU of the European Parliament and of the Council of 21 November 2012 amending Directive 2008/106/EC on the minimum level of training of seafarers (Text with EEA relevance), OJ L 343, 14. 12. 2012, p. 78 MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport Policy

Chapter 14: Transport Policy • LEGAL FRAMEWORK International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, published in the Official Gazette of SFRY, International Agreements br. 3/84 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1995 , published in the Official Gazette of SRY, International Agreements br. 3/2001 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, MANILA AMENDMENTS 2010 MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport policy

Chapter 14: Transport Policy LEGAL FRAMEWORK Law on Marine and Inland Navigation (Official Gazette of the SRY, No. 12/98, 44/99 i. I 73/00) Rulebook on vocation and certification of seafarers (Official Gazette of the Montenegro No. 7/2009 i 54/2009) This rulebook shall regulate qualifications, i. e. certificates of competences of crew members on board seagoing ships; the conditions for their acquiring, training for acquiring certificates of competencies; conditions and manner for acquiring certificate of competencies of an officer responsible for the safety of ship, port and society; the program of professional examination and the manner of its taking; renewal, recognition and replacement of certificates of competencies, as well as other issues of importance for acquiring certificates of competencies MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport policy

Chapter 14: Transport Policy Ø LEGAL FRAMEWORK Article 22 of Direktive 2008/106/EZ - Port State control Article 23 of Direktive 2008/106/EZ - Port State control procedures Article 24 of Direktive 2008/106/EZ - Detention transposed into the Law on Marine and Inland Navigation Chapter IX – SURVEILLANCE MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport policy

Chapter 14: Transport Policy LEGAL FRAMEWORK Provisions of the Directive 2008/106/EZ concerning: Article 1. Definitions, Article 2. Scope Article 3. Training and certification Article 4. Certificate Article 5. Certificates and Endorsements Article 6. Training requirements Article 8. Prevention of fraud and other unlawful practices Article 9. Penalties or disciplinary measures Article 10. Quality standards Article 11. Medical standards - issue and registration of certificates Article 12. Revalidation of certificates Article 13. Use of simulators Article 14. Responsabilities of companies Article 17. Responsibilities of Member States with regard to training and assessment Article 19. Recognition of certificates transposed into the Rulebook on vocation and certification of seafarers MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport policy

Chapter 14: Transport Policy LEGAL FRAMEWORK Article 7 of Directive 2008/106/EZ - Principles governing near-coastal voyages Article 15 of Directive 2008/106/EZ - Fitness for duty Article 16 of Direktive 2008/106/ez - Dispensation Article 18 of Directive 2008/106/e - On -board communication Not transposed in our legislation MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport policy

Chapter 14: Transport Policy LEGAL FRAMEWORK Article 20 of Directive 2008/106/EZ NON-COMPLIANCE WITH THE REQUIREMENTS OF THE STCW CONVENTION Article 21 of Directive 2008/106/EZ REASSESSMENT Not transposed in our legislation MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport policy

Chapter 14: Transport policy CURRENT SITUATION AND FUTURE ACTIVITIES -Draft Law on security on maritime navigation (deadline 2013) The new RULEBOOK ON VOCATIONS AND CERTIFICATION OF SEAFARERS will transpose the provisions of Directive 2012/35/EZ amending Directive 2008/106/EZ of a minimum level of training of seafarers i. e. amendments to the STCW Convention – Manila 2010. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport policy

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