Montenegro’s Ministry of Maritime Affairs has opened a 20-day public consultation on the draft Law on Ports. The law designates ports as public assets of national interest, owned by the state, and available for use under equal conditions to all individuals and legal entities. Port infrastructure remains state-owned, while port superstructures can be privately owned.
Key provisions include:
- Nationally significant ports are managed by the relevant administrative authority, while local ports are managed by the legal entity responsible for the maritime area.
- The administration oversees construction, reconstruction, maintenance, port operations, provision of services, and compliance with legal and safety standards.
- Responsibilities include preparing port development plans, setting maximum fees for port services, regulating public-private partnerships (PPPs), and coordinating activities of private operators.
- Port usage fees are determined by the ministry based on port type, significance, traffic, and infrastructure condition.
- PPPs can cover port usage, infrastructure, superstructure, services, and related activities, including construction and maintenance under BOT or similar models. Both domestic and foreign entities registered in Montenegro can participate.
- Port service rights are granted through concessions: up to 30 years for general port use, up to 10 years for services like fueling, waste collection, piloting, or towing, and up to 3 years for auxiliary services. Concession rights may be transferred to third parties with the grantor’s approval.
The draft law aims to ensure transparent management, development, and investment in Montenegro’s port sector while allowing private participation through regulated concessions and PPPs.