18.12.2025. 07:05h
Before joining the European Union (EU), Montenegro must prove that it has the administrative capacity to effectively implement and enforce the acquis communautaire in the field of agriculture and rural development, so that the Common Agricultural Policy (CAP) can be applied smoothly from the first day of the country’s EU membership, with strong mechanisms for protection against corruption.
This is stated in the common position for chapter 11 (agriculture and rural development), which was (provisionally) closed on Tuesday at the intergovernmental conference in Brussels, along with four other chapters.
A common position is a document adopted by EU bodies, which assesses the degree of compliance with the EU acquis for a specific chapter, so that it can be permanently “crossed out”.
Chapters 3 (Right of establishment and freedom to provide services), 4 (Free movement of capital), 6 (Commercial law) and 13 (Fisheries) were also closed on Tuesday.
The “crossing out” of chapters 11 and 13 was initially blocked last Friday by France, whose representatives at the sessions of the EU Council working bodies argued that they were not sufficiently aligned with the Union’s acquis. However, after intensive diplomatic activities by representatives of Montenegro and the member states, Paris gave the “green light” to close all five chapters.
Montenegro requested a transitional period for alignment for Chapters 11 and 13, and the Union responded that this period could be a maximum of three years after accession.
“Transitional measures are exceptional, strictly limited in duration and scope and linked to a plan with clearly defined phases of implementation of the acquis (EU legal acquis), without changing EU rules or policies and without distorting competition, and where necessary for the transition to the CAP regime, may be approved for a maximum of three years after accession (with the possibility of extension by unanimous decision of the Council),” the document states.
It is highlighted that most of the legislation in the field of agriculture and rural development applies directly from the date of accession, and therefore does not require transposition into national legislation. The EU, however, stresses that Montenegro’s ability to implement and enforce the legislation is essential, and therefore calls on the country to continue its efforts in this direction, in a manner that ensures its effective and efficient implementation, with strong anti-corruption mechanisms.
“In this context, the EU will closely monitor progress in implementation, in particular the Implementation Plan for the establishment of the Paying Agency, as well as the establishment of the Integrated Administration and Control System (IACS), in accordance with the accompanying deadlines submitted by Montenegro,” the document states.
PROTECTIVE PROVISIONS
The EU notes that it will closely monitor Montenegro’s progress in this regard and may propose appropriate safeguard provisions to be included in the country’s accession treaty to the Community, in order to protect the EU’s financial interests.
It is emphasized that the proper use, control, monitoring and evaluation of Union financial assistance during the pre-accession period will be a key indicator of Montenegro’s ability to implement the financial control acquis under Chapter 11.
The EU expects Montenegro to continue its efforts to ensure that the management and control systems for expenditure under the common agricultural policy are fully functional by the date of accession to the Union at the latest, while ensuring that payments are made exclusively to legitimate beneficiaries.
Brussels states that Montenegro is expected to align with the acquis in the area of agricultural and food supply, so that it fully transposes the EU directive on unfair trading practices into national legislation by the date of accession at the latest.
Regarding speculative transactions, the EU assesses that possible market disruptions due to trade diversion, which may arise as a result of abuse of different trading conditions before and after accession, must be addressed preventively, by taking appropriate measures.
The EU considers that this issue should be addressed by including specific provisions on transitional measures, in particular those providing for rules for import and export transactions in progress at the time of accession, as well as for the taxation of holders of surplus stocks or, where appropriate, similar transitional measures adopted for specific sectors. The EU notes that Montenegro will, from the date of accession, have the possibility to use EU funds under the school scheme, which aims to improve the distribution of agricultural products and improve children’s eating habits.
Montenegro’s achievements in implementing the EU Instrument for Pre-Accession Assistance for Agriculture and Rural Development (IPARD), which has been implemented since 2018, were praised.
SMALL-SCALE FISHERIES SECTOR
In the Common Position for Chapter 13, the EU assesses that the fisheries sector in Montenegro is small and that the existing administrative capacity is limited.
Montenegro has reportedly requested a three-year exemption from the full application of the Council Regulation prohibiting the use of towed fishing gear at a distance of less than three nautical miles from the coast or within an isobath (a line on a map connecting points of the same depth in the sea or lake) of 50 meters, if that depth is reached at a shorter distance from the coast.
It also requested an exemption from the application of the EU Regulation on the conservation of fishery resources in the part relating to the European sardine (Sardina pilchardus), which sets a minimum conservation reference size of 11 centimeters in the Mediterranean Sea.
An exemption from the application of the annex to the regulation establishing a minimum mesh size of at least 14 millimeters for encircling nets used in fishing activities in the Bay of Kotor was also requested.
The Common Position states that the EU “takes note” that Montenegro has no fisheries agreements with third countries and recalls that the country will, on the date of accession or as soon as possible thereafter, have to withdraw from bilateral fisheries agreements, unless they provide access to the marine biological resources of a third country.
DEVELOP SOFTWARE INFRASTRUCTURE
The common position for Chapter 6 states that the EU notes Montenegro’s commitment to amend legislation that may conflict with the implementation of (fully) electronic establishment and registration of companies and their subsidiaries, as well as (fully) electronic filing of applications related to companies and subsidiaries, such as, inter alia, the Law on Notaries and the Law on Certification of Signatures, Manuscripts and Transcripts.
To this end, the EU calls on Montenegro to finalize and adopt amendments to national legislation, including bylaws, by December 2025, in order to fully ensure the implementation of the new regulations as of 1 January 2026.
In addition to harmonizing the legislative framework, the EU recommends that Podgorica carry out the necessary activities to develop software infrastructure by the end of December, so that the system is fully operational for the implementation of the law starting from January 1, 2026.
The EU is asking Montenegro to align its rules on shares with multiple voting rights with new EU rules, in order to ensure market transparency and investor protection.
When it comes to the Business Registers Interconnection System (BRIS), the EU notes that only partial harmonisation has been achieved so far.
“The EU stresses the importance of Montenegro intensifying its efforts and developing the necessary IT systems to ensure timely connection to BRIS by the date of accession. The EU will closely monitor these developments,” the document states.
REGULATE THE AREA OF MONEY LAUNDERING
In its common position on Chapter 4, the EU highlights, inter alia, that certain differences remain between the current legislation and Union law. These differences, it states, relate to the definition of terrorist financing, which is not yet fully aligned with that in EU law; data protection and record keeping, with record keeping periods in Montenegro being longer than allowed under EU law; and sanctions, as the minimum penalties provided for in Montenegro are significantly lower than those required by EU law.
The EU also notes that there are shortcomings, identified by the Committee of Experts on the Evaluation of Measures to Combat Money Laundering and the Financing of Terrorism (MONEYVAL), in the supervisory coverage of the anti-money laundering and terrorist financing system for certain non-financial activities or professions, such as lawyers and notaries.
“A number of certain non-financial activities or professions are not covered by licensing, registration or professional accreditation systems, nor are there prescribed conditions for entry into the profession. The EU expects Montenegro to step up its efforts to ensure a broad understanding of the risks associated with money laundering within certain non-financial activities and professions, as well as to ensure strong supervision over them,” the document states.
The EU calls on Montenegro to present a strategy towards full alignment and building a track record, the implementation of which it will “carefully monitor”.
STRENGTHEN INSTITUTIONAL CAPACITIES
In the common position for Chapter 3, the EU states that the legal provisions for the establishment of the Internal Market Information System (IMI) and the appointment of national coordinators to facilitate the recognition of professional qualifications are contained in the Law on Services and the Law on the Recognition of Professional Qualifications for Regulated Professions.
“The EU encourages Montenegro to accelerate activities to ensure the establishment of the IMI system and the appointment of national coordinators, so that IMI is operational from the date of Montenegro’s accession to the EU,” the document states.
As it is added, the EU calls on Montenegro to strengthen institutional capacities, including through training of competent authorities involved in the recognition of professional qualifications.
Montenegro has so far closed 12 chapters in negotiations with the EU, which were opened in 2012. The government plans to “cross out” the remaining chapters – 21 – by the end of next year.
There are no obstacles to including kajmak in the EU product list
Montenegro, as stated in the common position for Chapter 11, has requested that kajmak be officially recognized in the EU legal framework as a special dairy product.
The Union assessed this request as acceptable, meaning that there are no obstacles to including kajmak in the relevant list of EU products.
“The EU takes note of Montenegro’s request to include the product called ‘kajmak’ in Annex VII, Part III of the Regulation (which defines the categories and names of dairy products) of the European Parliament and of the Council and considers this request acceptable,” the document states.
As stated, the EU has also “taken note” of Montenegro’s request to be allowed to include its wine-growing areas in the EU’s map of wine-growing regions.
The EU emphasizes that the classification within wine-growing regions should be determined on the basis of objective data and criteria prior to accession, in order to provide Montenegrin wine producers with legal certainty regarding enrichment (increasing alcoholic potential) and reduction of acidity procedures in wine.
The Union accepted the request to include in the common list of wine-growing areas those in wine-growing zones B and CII, i.e. areas planted with vines in the Nudo region, in the Montenegrin Skadar Lake Basin region – sub-regions Crmnica, Podgorica, Bjelopavlici, Rijeka nahija, Katunska nahija, Kuci, Piperi, and in the Montenegrin Littoral region – sub-regions Ulcinj, Boka Kotorska and Bar-Budva.
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