Nusret Hanjalic1

Montenegro towards EU: Progress on Common Security and Defence

Policy
Relations between Montenegro and EU within Stabilization and Association Process are
established in July 2001. European perspective of the Western Balkans states was confirmed
in the EU Summit in Thessaloniki2 in 2003 and Improved Intensified Dialog was initiated in
July the same year, as a form of regular consultations made between Montenegro and EU.
Following referendum on state legal status of Montenegro, held on May 21, 2006,
Montenegro renewed its statehood, which was confirmed by making Decision on
Independence Proclamation of the Republic of Montenegro and by adoption of Declaration
on Independence3 in the Parliament of Montenegro on June 3, 2006. International legal
subjectivity of the independent Montenegro was confirmed by its admission to the UN
membership on June 28, 2006.
European Union and its member states decided to develop relations with Montenegro, as an
independent sovereign state, already in the beginning of June 2007. According to the
Decision made by the European Union Council as of September 15, 2006, regular political
dialogue between the Government of Montenegro and representatives of the EU institutions
was established at the ministerial level and the first political dialogue was held on January 22,
2007.
Montenegro in the European Union Stabilization and Association Process
Strategic interest of Montenegro was to continue negotiations with the European Union
regarding the Stabilization and Association Agreement, the first contractual relation between
Montenegro and the European Union. The European Commission prepared a proposal for
negotiation directive to the Council in a short period of time. At the session held on July 24,
2007, by an immediate procedure, the Council adopted negotiation directive, according to
which the European Commission is authorized to continue negotiations on the Stabilization
and Association Agreement with Montenegro. It was a very important step within
development of good relations between Montenegro and EU, which resulted in initialling of
the Stabilization and Association Agreement (SAA) between Montenegro and the European
1

M.Sc. Nusret Hanjali is employed in the Ministry of Defence of Montenegro and he is a prospective PhD at
the Faculty of Political Sciences in Podgorica. Attitudes expressed in this document are personal opinion and do
not represent the official policy of Montenegro.
2
EU-Western Balkan Summit Declaration, Thessaloniki, 21 June 2003, PRES10229/03.
3
http://www.osce.org/montenegro/19733?download=true, 20/01/2013.

Union on March 15, 2007 in Podgorica, following several extensive and constructive rounds
of political and technical negotiations. The EU Council made a decision on January 22, 2007,
on adoption of a new European partnership with Montenegro4.
Having signed the Stabilization and Association Agreement5 on October 15, 2007 in
Luxembourg as well as having signed the Interim Agreement on Trade and Trade-Related
Matters, Montenegro joined the Union Stabilization and Association Process.
The Stabilization and Association Agreement was ratified in the Parliament of Montenegro
on November 13, 2007 and the European Parliament gave consent on December 13, 2007.
The Interim Agreement has been successfully started to be implemented since January 1,
2008. The Parliament of Montenegro adopted on December 27, 2007 the Resolution on
Montenegros fulfilment of commitments arising from the Stabilization and Association
Agreement6. The Stabilization and Association Agreement defines deadlines for
implementation dynamic:

Transition period of 5 years which refers to maximum period of time for gradual
opening of market and establishing free trade zone between the European Union and
Montenegro,

Implementation period of 5 years which refers to a full implementation of regulations

of all the articles of the Agreement, following full ratification of the SAA within all
27 parliaments of the EU member states.

Having singed the Stabilization and Association Agreement, Montenegro undertook an

obligation to harmonize Montenegrin legislation with the EU legislation. The Agreement
envisaged harmonization to start on the date of signing and by arrangement with European
Commission, Montenegro should prepare a special program for its implementation. The
Stabilization and Association Agreement became effective on May 1, 2010, following
finalised ratification in all EU member states. Affirmation process lasted for two years and
seven months as of the signing date and in the meantime, the Interim Agreement, which
referred to trade and trade-related matters that come within the competence of the European
Commission, was implemented.

See: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:020:0016:0031:EN:PDF, 13/02/2013.

Agreement available at: http://register.consilium.europa.eu/pdf/en/07/st11/st11566.en07.pdf , 15/02/2013.
6
Agreement available at:
http://www.skupstina.me/cms/site_data/IZVJESTAJ/Rezolucija%20o%20uspunjavanju%20obaveza%20CG%2
0u %20okviru%20SSP.pdf,16/02/2013.
5

The SAAs coming into force meant beginning of a new integration stage which makes
Montenegro obliged to harmonize its legislation with the EU acquis as well as to harmonize
attitudes and policy in all areas of cooperation. As the SAA became effective the Interim
Agreement was no longer valid and establishing of a new institutional framework for
cooperation between the EU and Montenegro was planned. Organizational changes
included establishing of joint entities with the EU:

Stabilization and Association Council, for monitoring the SAA implementation and
enforcement,

Stabilization and Association Board to provide assistance to Council,

Seven sub-boards,

Parliamentary Board for Stabilization and Association.

Stabilization and Association Council (Council) monitors implementation and enforcement of

the SAA and reconsiders all other bilateral and international issues of mutual interest.
Council is consisted of the representatives from the EU Council and the European
Commission (EC) on one hand and members of the Government of Montenegro on the other.
Councils sessions are alternately chaired by the EU Council representative and the
representative of Montenegro. Councils meetings are held once a year at the ministerial
level. Upon the request of one party and if both parties agreed special session of the Council
may be held. Representative from the European Investment Bank may be present at the
meeting if topics related to this institution are on the agenda. Also, the Council may invite to
the meeting persons who are not members of the Council with a view to providing
information on specific issues. As a rule, the Councils meetings are not open for the public.
Secretariat of the Council is composed of the representative of the Secretary General of the
EU Council and the representative of Montenegros mission to the EU.
Council is authorized to make decisions within the SAA. Decisions made are binding on the
contracting parties. Council may give adequate recommendations. According to Article 8 of
the SAA it is envisaged that the Council conducts thorough audit of the SAA enforcement at
the latest three years following the Agreement coming into force as well as that it may
make decisions which regulate the next stages of the accession.
Article 8 prescribes accession to be fully implemented within transition period of up to five
years maximum. Article 11 of the SAA envisages political dialogue with the EU to be
developed within the Council.
Montenegro submitted a request for membership to the European Union on December 15,
2008. The European Union Council sent on December 2008 a request to the European
3

Commission to prepare opinion on Montenegrin request for membership based on which the
EU Council would give Montenegro candidate status.
Based on all this, the Government of Montenegro was given on July 22, 2009, the European
Commission Questionnaire7 information which should be submitted by the Government of
Montenegro to the European Commission concerning preparation of the opinions on
Montenegros request for membership to the European Union.
Prime Minster of Montenegro Milo Djukanovic submitted to EU Commissioner for
Enlargement (Olli Rehn) answers to the European Commission Questionnaire on December
9, 2009 in Brussels. European Union Directorate for Enlargement submitted to the Ministry
for European Integrations on March 1, 2010, a new set of 673 additional questions from the
European Commission Questionnaire. Montenegrin administration successfully finished a
procedure on providing answers to additional questions set and submitted them to the
European Commission in prescribed deadline. Additional questions referred to additional
information and explanations on answers in all the chapters, except 12 (safety of food,
veterinary and phyto-sanitary policy).
European Commissions opinion
Based on the quality of submitted answers the European Commission prepared Opinion
(Avis) which was the basis for the European Council making decision in terms of
Montenegros readiness for candidate status as well as for deciding if Montenegro is ready
for the next stage defining near date for negotiation on accession.
European Commission released Opinion8 on November 9, 2010. According to the
Commission, negotiations on the EU accession should be started with Montenegro when it
reaches needed level of harmonization with criteria for membership and especially with
Copenhagen political criteria. Montenegro was encouraged to continue its constructive
engagement in the regional cooperation and strengthening of bilateral relations with
neighbouring countries as well as improvement of administrative capacities.
In this respect, Montenegro had to fulfil key priorities: 1) Improve legislative framework for
elections in accordance with recommendations of the OSCE ODIHR (Office for
Democratic Institutions and Human Rights) and Venice Commission; improve legislative
7

Questionnaire was consisted of 2178 questions. Answers are prepared on 4433 pages. There are many
annexes attached to answers, composed of: laws, by laws, international contracts, strategies and other
documents (265 documents, on 9000 pages).
8

http://www.undp.org.me/home/actualities/ec/EC%20Opinion%20on%20Montenegro's%20applicatio
n%20for%20EU%20membership,%209%20Nov%202010.pdf, 14/01/2013.
4

and supervisory role of the Parliament; 2) Finalise key steps toward public administration
reform; 3) Empower the rule of law, especially through depoliticized and merits based
appointment of high judiciary and prosecution Council members and state prosecutors as well
through the implementation of the independence, autonomy, efficiency and responsibility of
judges and prosecutors; 4) Improve anti-corruption legislative framework and implement the
Strategy for Fight Against Corruption and the Action Plan; 5) Intensify fight against
organized crime; 6) Improve freedom of media especially through its harmonization with
precedent law of the European Court for Human Rights in the area of libel and improve
cooperation with civil society ; 7) Implement legal and political framework for antidiscrimination in accordance with the European and international standards.
In terms of the progress achieved, the Commission recommended that the EU Council should
grant Montenegro candidate status. Based on positive Opinion, the European Council made a
decision on the session held on December 17, 2010, to grant Montenegro candidate status for
the EU9 membership.
Montenegros EU accession negotiations
The purpose of accession negotiations with the EU is defining the details in relation to
eligibility for full membership.
The European Commission recommended opening of accession negotiations with
Montenegro in October 2010. This recommendation was repeated in May 2012. Following
the positive decision of the EU Council, approved by the European Council, accession
negotiations with Montenegro were opened in June 2012.
Montenegro opened and closed Chapter 25 - Science and Research in December 2012. In
2013, the constitutional changes in the field of judiciary and prosecution are of particular
interest, being the progress indicators in the European Integration process. The swiftness in
opening Chapters 23 (cooperation in the field of judiciary and fundamental rights) and 24
(Justice, Liberty and Security) affected the opening of others. Political and constitutional
reforms are very important whereby Montenegro will fulfil basic political criteria for EU

Council Decision: http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/118578.pdf,

03/01/2013.

membership. Specifically, it is the issue of improving the rule of law and, within its
framework, ensure independence of judiciary and prosecutors10.
The screening process for all chapters is on-going and is expected to finish in summer 2013.
After that, the European Commission will have an accurate review of the current state as per
all areas. The experience from the past accession processes shows that one of the most
difficult chapters was environment protection, so it will also be a challenge for Montenegro.

Montenegro's commitment to the development of the Common Security and

Defence Policy
In the field of security and defence policy, Montenegro accepts the EU as a global security
actor, the EU security strategy and defence institutions of the EU. Montenegro is an
inseparable part of Europe and its security and defence will be brought into connection and
built on the principle of regional cooperation and European security.
Therefore, Montenegro is dynamically evolving its legal framework and administrative
capacity for the better participation in the Common Security and Defence Policy of the EU.
In addition to the political contributions, it is ready to provide contribution to the
development of military and civilian capacities to operate in EU-led peacekeeping missions,
conflict prevention, and strengthening international security in accordance with the principles
of the United Nation Charter and the Treaty of Lisbon. In order to reach required
interoperability, Montenegro is undertaking a comprehensive reform of the security and
defence system.
The attitude of Montenegro is that establishing a favourable level of security can be achieved
through crisis management, as specified in the 2010 Headline Goal11. Montenegro has a
professional Army that will contribute to the main purpose of the 2010 Headline Goal.
Members of the Armed Forces of Montenegro can be deployed abroad, but the Parliament of
Montenegro approves by decision each operation. Montenegro supports the development of
European security forces and their role in global security.
10

See more details in: Montenegro 2012 progress report, European Commission, Brussels, 2012.
Since EU did not realize military forces capabilities development related goals by 2003, a new security plaN
Headline Goal 2010 was adopted in June 2004. in June 2004. It defined the EU as a global actor which is
ready to share in the responsibility for global security. The plan committed member state to develop flexible and
interoperable forces as a must to respond in crisis worldwide. Possible crisis response forms are defined as:
humanitarian tasks, crisis management actions, peacekeeping operations and disarmament. The EU must be able
to take the decision to launch an operation within 5 days, and its forces to start implementing their mission on
the ground no later than 10 days after the EU decision to launch the operation. A new Battlegroups concept has
been introduced and foreseen the introduction of the European Defence Agency. (Source: Glossary,
http://ccvo.bos.rs/pdf/Borbene%20grupe%20EU.pdf, 25/11/2012).
11

In addition, Montenegro supports the European Security Strategy and agrees that todays
threats are transnational and no single country is able to tackle them on its own. Therefore,
Montenegro supports multilateral approach in resolving conflict situations and preventive
engagement. Contemporary threats are not purely military, and the most efficient response is
by involving the combination of different assets both civilian and military. Montenegro
develops military capabilities through Partnership for Peace activities which also uses for the
EU-led operations in order to have the ability to assume the obligations arising from the EU
membership.
Restrictive measures
Regarding the implementation of restrictive measures against third countries, state
administrative bodies apply the provisions of the following laws: Law on the Prevention of
Money Laundering and Terrorist Financing, Law on Foreigners, Foreign Trade Law, Law on
Foreign Trade in Weapons, Military Equipment and Dual-Use Goods, Criminal Code and
Criminal Procedure Code. The Government of Montenegro is competent to establish
restrictive measures.
With regard to persons and entities, The UN Security Council imposed restrictive measures,
and Montenegro applies the following: UN Security Council Resolution 1267 in relation to
terrorist organisations; UN SC Resolution 1518, in relation to subsequent amendments
(Resolution 1483), in relation to Iraq; UN SC resolution 1636, in accordance with subsequent
amendments (Resolution 1701) in relation to Lebanon. Montenegro does not implement
unilateral measures or economic sanctions against any state.
Montenegro acceded to and implementation of the Council Common Position
2008/944/CFSP (Code of Conduct on Arms Export).
There is no unilateral application of restrictive measures against any state, but Montenegro
applies restrictive measures that UN SC introduced against 13 states and restrictive measures
that EU introduced against 27 states12.
Concerning restrictive measures that are imposed based on the common position or joint
actions adopted under CFSP, national regulations of Montenegro explicitly refer to them in
the part related to the arms embargo. Regarding the appliance of other categories of
restrictive measures, state administration bodies take care of restrictive measures that are

12

See:http://www.mip.gov.me/en/images/stories/download/21_III_13_Restriktivne_mjere__azurirane_nacrt.pdf
23/01/2013.

listed on the website: http://eeas.europa.eu/cfsp/sanctions/docs/measures_en.pdf, when apply

the laws governing this matter.
In terms of exporting of used and new weapons, the Ministry of Defence has concluded no
contract relating to the companies doing business with countries against which sanctions on
arms imports apply. The Ministry of Economy13 has not issued any permit for the countries
that EU implements an arms embargo, if does, it would violate the provisions of the Law on
Foreign Trade in Weapons, Military Equipment and Dual-Use Goods.
Conflict prevention
Montenegro supports all measures in the field of conflict prevention, which include the
application of full spectrum of instruments for crisis management at its disposal: the political,
diplomatic, military and civilian, trade and development activities. Montenegro supports the
EU Programme for the Prevention of Violent Conflict (2001 Gothenburg Programme) and the
Commission Communication 200114.
The European Union conflict prevention has improved, but it need to improve and analyze
the capacity for early warning as well. This job the EU cannot do alone. International
cooperation with UN and regional organisations are essential.
Non-proliferation of weapons of mass destruction, small arms and light weapons
After the restoration of the statehood in 2006, Montenegro acceded to the Chemical Weapons
Convention whereby became a full member of the Organisation for the Prohibition of
Chemical Weapons. Montenegro was admitted to the International Atomic Energy Agency. It
acceded to the Convention on the Psychical Protection of Nuclear Materials and the Joint
Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste
Management.
The Agreement between the Republic of Montenegro and the International Atomic Energy
Agency for the Application of Safeguards in Connection with the Treaty on the Non
Proliferation of Nuclear Weapons15 entered into force on 4 March 2011. Montenegro is a
member of the Proliferation Security Initiative PSI and a partner nation of the Global
Initiative to counter Nuclear Terrorism GICNT.

13

The Ministry of Economy is competent for the control of foreign trade in controlled goods.
See:http://www.eplo.org/assets/files/3.%20Resources/EU%20Documents/EU_EU_Programme_for_the_Preve
ntion_of_Violent_Conflicts.pdf, 09/02/2013.
15
Official Gazette of Montenegro, No.16/2010.
14

For 2007 and 2008, Montenegro submitted an annual report to the Hague Code of Conduct HCOC Secretariat against ballistic missile proliferation confirming that:

There is no ballistic missiles programme and it does not participate bilaterally or

multilaterally in any programme,

There is neither launch sites to test ballistic missiles nor participate bilaterally or
multilaterally at the launch site for testing ballistic missiles,

Montenegro has never done launching of ballistic missiles, and

It will continue with the timely submission of Annual Declaration and participate in
plenary meetings of HCOC.

Montenegro is a signatory to the following treaties and conventions in the field of nonproliferation of weapons of mass destruction:

The Convention on the Prohibition of the Development, Production and Stockpiling

of Bacteriological (Biological) and Toxin Weapons and on their Destruction,

Comprehensive Nuclear Test Ban Treaty,

Convention on the Prohibition of the Development, Production, Stockpiling and Use

of Chemical Weapons and on their Destruction,

The Treaty on the Non-Proliferation of Nuclear Weapons,

Treaty Banning Nuclear Weapon Tests in the Atmosphere, in. Outer Space and under
Water, and

Prohibition of the Emplacement of Nuclear Weapons and other Weapons of Mass

Destruction on the Sea-Bed and the Ocean Floor and in the Subsoil Thereof.

In terms of trade in conventional weapons, Montenegro has established legislation, the

licensing and registration, control mechanisms and reporting. This area is regulated by the
Law on Foreign Trade in Weapons, Military Equipment and Dual-Use Goods16. The Ministry
of Economy prepares annual reports and provides information on its controlled goods export
and import control policy. The report presents an overview of used licensed for the export
and import of controlled goods in Montenegro. After the adoption of the said report by the
Government, and the Montenegro Parliament advised accordingly, the Report is forwarded to
all relevant international institutions and is published on a dedicated internet site of the
Ministry of Economy and UNDP provides support to publish the Report.

16

Official Gazette of Montenegro, No. 80/08.

In producing the Report the EU recommendations on the form and content of national reports
have been observed in order to make it compatible with the reports of the European Union
and usable for comparison with the national reports of other countries.
Pursuant to commitments made to the UN and OECD, the Ministry of Defence issues
regularly to the Ministry of Foreign Affairs and European Integration Annual reports on
trade in certain types of conventional weapons. The Ministry of Economy issues licences to
trade in conventional weapons prior which the approvals are obtained from the Ministry of
Foreign Affairs and European Integration, the Ministry of Defence and the Ministry of
Interior. Land and water approval for transport and transit of arms and military equipment
are issued by the Ministry of Interior and Public Administration, while air transport and
transit approvals are issued by the Ministry of Transport and Maritime Affairs all on the basis
of the previously issued approvals obtained from the Ministry of Economy, the Ministry of
Foreign Affairs and European Integration and the Ministry of Defence.
Montenegro, in accordance with UN Security Council Resolution 1540, refrain from
supporting by any means non-State actors from developing, acquiring, manufacturing,
possessing, transporting, transferring or using nuclear, chemical or biological weapons and
their delivery systems.
The Permanent Mission of Montenegro to the UN in New York submitted the first
Montenegros report on implementation of the UN Security Council Resolution 1540 on 19
February 2009, which is available on the UN SC Committee Web site.
In May 2008, the Ministry of Foreign Affairs and European Integration officially informed
the European Council that Montenegro will, in a control of arms procedure, fully comply
with the criteria for export weapons, military equipment and dual-use goods laid down in the
EU Code of Conduct. The Ministry of Economy officially informed the European Council
that Montenegro will respect the Council Common Position 2008/944/CFSP (Code of
Conduct on Arms Export) in February 2009. Code of Conduct criteria are incorporated in the
Law on Foreign Trade in Weapons, Military Equipment and Dual-Use Goods (Articles 18, 19
and 20).
With EU and NATO integration as a strategic objective of foreign and security policy,
Montenegro is on the right path to comply defence industry potentials with the European
arms policy, proven to be the fact by participation of the Ministry of Defence representatives
in the work of numerous bodies and boards of NATO (e.g. the Conference of the National
Arms Directors, NATO Consultation, Command and Control Board). Montenegro practically
supports Council Decision 2009/42/ CFSP of 19 January 2009 to support EU activities with
10

the aim to promote among third countries the process leading towards an Arms Trade Treaty.
Montenegro is one of the 139 countries that at the UN General Assembly voted for to take the
first step towards reaching an international agreement on prevention of illegal and
irresponsible arms trade that causes conflicts, poverty and serious human rights violation.
Montenegro was among the first UN Member States which has duly and timely responded to
the UN Secretary General in conjunction with the UN General Assembly Resolution 61/89
(under the Arms Trade Treaty: establishing common international standards for the import,
export and transfer of conventional arms), and in connection with the commencement of
negotiations for the adoption of an international treaty on arms export control.
Montenegro fully implements its obligations under the Convention on the Prohibition of the
Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction,
according to the 1997 Ottawa Convention. The Armed Forces of Montenegro does not
possess landmines which are banned in accordance with the Ottawa Convention (all
landmines banned under the Convention and found on the territory of Montenegro, were
destroyed before 3 June 2006). There are no leftover minefields on the territory of
Montenegro. Montenegro fully supports the Council Joint Action of the 2008/487/CFSP in
support of the universalisation and implementation of the 1997 Convention on the Prohibition
of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their
Destruction.
Montenegro acceded to the Chemical Weapons Convention (CWC) on 3 June 2006, whereby
became a full member of the Organisation for the Prohibition of Chemical Weapons. In April
2007, the Government of Montenegro decided to form a national team of Montenegro for the
prohibition of chemical weapons and appointed team members from relevant institutions.
Nation Team task is to coordinate the activities of relevant state institutions aimed at
adequate application of the Chemical Weapons Convention, the realisation of cooperation
with OPCW and its members and to inform the Government about their activities.
The area of the prohibition of chemical weapons in Montenegro is regulated under the
Constitution of Montenegro; Law on Foreign Trade in Weapons, Military Equipment and
Dual-Use Goods; Law on the Prohibition of Development, Production, Storage and Use of
Chemical Weapons and their Destruction and Law on Transport of Dangerous Goods. The
Government adopted the Strategy FOR THE Control and Reduction of Small Arms and Light
Weapons (SALW) in 2005. Strategy was made in cooperation with the United Nations
Development Programme (UNDP). Illegal trafficking and excessive possession of SALW

11

may represent an obstacle to the sustainable social and economic development, which might
have negative impact on security of Montenegro and the region.
Montenegro has a national registration system and SALW database. The Ministry of Interior
keeps records of issued: approvals for acquiring weapons and ammunition, weapons
registration card and a permit for possession; licensing and permits for possession of
weapons, approvals to collect weapons, handling seized, found and delivered weapons. This
area is regulated by the Law on Arms17 and the Law on Hand-Held Firearms, Devices and
Ammunition Testing18. The Criminal Code, Chapter Criminal Offences against Public
Order, Article 403 laid down the criminal offence - unlawful keeping of weapons and
explosives.
Montenegro complied legislation and specific activities in the area of combating destabilising
accumulation and spread of small arms and light weapons with the principles of Council Joint
Action of 12 July 2002 regarding the EU contribution against destabilising accumulation and
spread of small arms and light weapons (2002/589/CFSP).
Montenegro harmonised its legislation with the EU Strategy to combat illicit accumulation
and trafficking of small arms and light weapons (SALW) and their ammunition and United
Nations Security Council Resolution 1540 regarding non-proliferation of weapons of mass
destruction in order to more effectively combat illegal trade and brokering regarding
chemical, biological, nuclear and other related arms. Montenegro also aligned its legislation
about brokering and brokering activities according to the European Union Common Position
2003/468/CFSP.

Security measures
With the Law for Claassified Information it is made the unique system for determination of
classified information, acssession to classified information, saving, using, recording and
protection of clasified information. In accordance with national legistlative and regulations
from the area of classified information, Montenegro created the conditions for exchanging the
classified information with foreign states and international organisations which is done
through the Directorate for Protection of Classified Information.
The Montenegro harmonized the regulatives from the area of classified information with
security regulations of EU19 in the part of administrative, physic, industrial and protection of
the persons that have the accession to classified informations. The activities on bringing the
17

Official Gazette of Montenegro, No. 49/04 and 49/08.

Official Gazette of Montenegro, No. 31/04.
19
Council Decision (2001/264/EC).
18

12

regulations from the area of information security of classified information (INFOSEC)

completed by the end of 2009 whose legal framework from the area of classified informations
is completely harmonized with security regulative of EU. Montenegro and the EU signed the
Agreement on security procedures for exchanging and protecting classified information20 in
Brussels in October 2010, which established the legal framework for the exchange of
information in accordance with the European safety standards.

The participation of Montenegro in EU crisis management operations

Montenegro believes that the Common Security and Defence Policy (CSDP) has a significant
mechanism for the effective combating contemporary security challenges on a global scale.
Therefore, Montenegro wants to customize their security system to the needs of CSDP.
Montenegro is firmly convinced that, despite of limited resources, provide a contribution to
strengthening the EU's role on the international stage.
The legal basis for the participation of Montenegro in crisis management operations include:
the Constitution of Montenegro, the Law on Defence, the Law on the Army of Montenegro,
the Law on police, and the Law on the use of units of the Army of Montenegro in the
international force and the participation of members of civil defense, police and staff the
Civil administration in peacekeeping missions and other activities abroad. From a military
point of view, Montenegro does not have the military capacities ready to perform fullspectrum "Petersberg tasks." Montenegro is planning to use forces that are declared for the
NATO-led operation, as a contribution to the fulfillment of Headline Goal 2010.
Montenegro as a country with limited military capacity, for the moment does not have
determined forces of larger scale that would be exclusively engaged in the composition of the
EU forces. However, in line with its commitment to participate in the Euro-Atlantic and
European integration, Montenegro has the political will to actively participate in the civil and
military crisis management operations, to the extent of increasing its capacity and operational
capabilities.
With regard to the causes of the crisis, Montenegro believes that the for the success of the
mission are needed joint action of the civilian and military components. As its contribution to
the EU civilian missions, Montenegro intends to participate with police, judicial and customs
staff. In case of need for humanitarian missions, Montenegro intends to enagage part of the
20

Agreement between the European Union and Montenegro on security procedures for exchanging and
protecting classified information,
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:260:2:5:EN:PDF, 12/01/2013.

13

forrces for acting in emergency sitations (civil protection) in the task of providing assistance
to displaced persons and refugees (especially medical care), delivery of material resources in
the humanitarian assistance and protection and rescue population and material goods.
According to the Constitution of Montenegro, the decision to participate in international
activities and in peacekeeping missions of the members of Army of Montenegro adopts
Montenegrin Parliament on the proposal of the Defence and Security Council, while the
decision on the participation of members of civil defense, police and civil servants brings the
Government of Montenegro. Accordingly, the Montenegrin Parliament in July 2011 brought
the decision on the future participation of members of the Army of Montenegro:

peacekeeping mission of the United Nations "United Nations Mission in Liberia

(UNMIL)" in Liberia, no more than two members of the Armed Forces of
Montenegro will participate in the role of military observers,

peacekeeping mission of the United Nations "International Security Assistance Force

(ISAF)" in Afghanistan, no more than 45 members of the Armed Forces of
Montenegro will participate,

European Union peacekeeping operation EUNAVFOR - "Atalanta" in Somalia, no

more than three members of the Armed Forces will participate.

The Government of Montenegro adopted the Decision to send police officers21 to the UN
peacekeeping mission in Cyprus "UNFICYP", four members of the Police are currently
participating in this mission.
The agreement between the EU22 and Montenegro on the participation of Montenegrin
soldiers in the peacekeeping operation EU NAVFOR - ATALANTA "in Somalia, was
signed on March 24, 2010.
The Army of Montenegro has been participating in the in operation "Atalanta" from August
2010, the first naval operation in the fight against piracy. Agreement between the EU and
Montenegro for establishing a framework for the participation of Montenegro in crisis
management operations by the EU23 was signed on February 22, 2011. It was agreed the
status of forces, the chain of command, the exchange of confidential information, and
financial aspects of the civil and military operations of the EU.

21

Official Gazette of Montenegro, No. 54/09.

See : http://ec.europa.eu/world/agreements/downloadFile.do?fullText=yes&treatyTransId=14042, 08/03/2013.
23
See: http://ec.europa.eu/world/agreements/downloadFile.do?fullText=yes&treatyTransId=14563, 08/03/2013.
22

14

Montenegro's participation in international operations contributes to the prestige of the state,

shows a readiness to establish and build peace in the region and the world, and contributes to
the integration into the EU and NATO.
Conclusion
After the independence the 2006th, Montenegro continued to develop relations with the EU
through the Stabilisation and Association Process. Successful fulfillment of obligations under
the framework of cooperation, progress in achieving the harmonization of legislation and the
conditions of membership, allowed Montenegro to gain candidate status for EU membership
three years after the signing of the Stabilization and Association Agreement.
Opening of accession negotiations was conditioned by the EU in fulfilling the seven key
priorities, which are related to the increase of the degree of compliance with the membership
criterias, especially the political criterias: legal framework, public administration reform, rule
of law, fight against corruption, fight against organized crime, freedom of the media, political
and legal framework for anti-discrimination. Montenegro made progress through the
implementation of action plans in all key priorities and therefore enabled the opening of
negotiations in June 2012.
Crucial to the future period of accession will have screening results for all areas of
negotiation. It is especially important for Montenegro to open as soon as the chapters relating
to the judiciary, fundamental rights, justice, freedom and security. The opening speed of other
chapters and the further course of the negotiations will depend of the results in these areas.
In the field of the Common Security and Defence Policy, Montenegro has made significant
progress, and in the further course of the negotiations is not expecting disturbances in this
area. Montenegro accepts EU as a global actor in the field of security and defense policy and
everything conected policies.
It is especially important multilateral approach to security, which is based on cooperation of
most important actors of global security. When it comes to challenges and threats to global
security, Montenegro supports the view that all EU countries are faced with them and no
country alone can resist them. In addition, Montenegro takes into consideration the restrictive
measures introduced by the EU, when cooperate with third countries.
Montenegro has made significant progress in the legislative framework in the field of nonproliferation of weapons of mass destruction, small and light arms. The security forces of
Montenegro are in reform proces in order to provide a greater contribution to crisis
management operations led by the EU. It is significantly the participation of Montenegro in
15

the EU led operation "Atalanta", but the Montenegro will increase participation in EU-led
operations with strengthen of its capacity.
Considering that the most effective way to manage the crisis situations is the use of civilian
and military components, Montenegro intends to train civilian capabilities and include them
for the EU led operations.
Successful cooperation between Montenegro and the EU in the field of security and defense
will contribute to the stabilization of the Western Balkans and the consolidation of lasting
peace.

Bibliography :

Commission staff working document: Montenegro 2012 progress report, Brussels, 2012.
Dimitar Bechev: Between Enlargement and CFSP: the EU and the Western Balkans,
University of Oxford, 2004.
European Commission: Commission Opinion on Montenegro's application for
membership of the European Union, Brussels, 9 November 2010.
Kristin Archick: European Union Enlargement, Congressional Research Service, 2012,
Liu Zuokui: EUs Conditionality and the Western Balkans Accession Roads, European
Perspectives Journal on European Perspectives of the Western Balkans Vol. 2, No. 1,
pp 79-98, April 2010.
Moo Soong Lee: EU Enlargement and Small States, University of Birmingham,
Edgbaston, UK, 2003.
Questionnaire: Chapter 31-Foreign, security and defence policy, Government of
Montenegro, http://www.questionnaire.gov.me/O/Pdf/C31.pdf.
Robert Burgess: Western Balkans - bumps on the road to EU accession, DB Research,
Frankfurt am Main, 2012.
Stabilisation and Association Agreement between the European Communities and their
Member States of the one part, and the Republic of Montenegro, of the other part,
http://register.consilium.europa.eu/pdf/en/07/st11/st11566.en07.pdf.

16