Libertas: UZKD fines Carine company 5.000 euros for failing to restore Baošići beach to its original condition

The Administration for the Protection of Cultural Heritage (UZKD) has imposed a maximum fine of five thousand euros on the company "Carine", owned by Čedomir Popović, because it has not yet restored the bathing area in Baošići to its original condition.

The fine imposed on the investor, whose project, according to the Basic Court in Herceg Novi, is worth around 80 million euros, followed a series of moves by the UZKD to implement the law and preserve the natural appearance of the coast in Baošići.

"By the enforcement decision number UP/I-05-174/2026-29 of 12.05.2026., the debtor was given a two-month period to fulfill the obligation determined by the enforcement decision, with a warning that, if he does not act on the enforcement decision within the given period, he will be forcibly executed by imposing a fine in accordance with Article 152 of the Law on Administrative Procedure. Upon the expiration of the two-month period determined by the enforcement decision, the case files were inspected and it was determined that the debtor did not act on the enforcement decision, that is, that he did not obtain the conservation conditions, develop a conservation project, or obtain the consent of the Administration for the Protection of Cultural Heritage for the conservation project," it is written in the Decision on the Fine, which was issued today by the UZKD, and in which the portal Libertas has insight.

Libertas has already published the Decision on the restoration of the Baošići bathing area to its original condition, which was issued by the UZKD on February 16, 2026, after its inspectors, a few days earlier, determined that the works were being carried out without the consent of the Administration, that is, without the conservation conditions necessary for such an intervention.

"Customs" did not act on that decision even then, which is why the UZKD issued a new decision on May 12th, giving the company an additional two-month deadline to fulfill its obligation.

Popović used that time, instead of acting on the decision of the state body responsible for the protection of cultural heritage, to file an appeal.

Postponement of execution

On May 25, 2026, Customs requested a postponement of the execution of the decision to restore the bathing area to its original condition, which was issued by the UZKD in February.

They requested that the execution be postponed until the end of the administrative dispute, which the company initiated before the Administrative Court in Podgorica.

However, the Administrative Court did not accept their request.

In its proposal to postpone the execution of the decision, Customs claims that its implementation would cause enormous damage to the company, and that such action is not in the public interest.

They also referred to Article 155 of the Law on Administrative Procedure, which stipulates:

"At the proposal of the party, and in order to avoid irreparable damage, the public law authority that issued the decision may postpone the execution and, if necessary, extend the postponement of the execution of the decision until a final decision on the administrative matter is made, unless otherwise prescribed by law and if it is not contrary to the public interest."

In this proposal for a stay of execution, "Customs" again referred to the minutes of the inspection of the Ministry of Spatial Planning, Urbanism and State Property dated February 20, 2026, the inspection of the Water Administration dated March 6, 2026, the inspection of the Municipality of Herceg Novi dated March 17, 2026, and the environmental inspection dated April 14, 2026.

In the previous article "Many Did Not Mind the Concreting of the Bride of the Adriatic", Libertas published all the minutes it obtained through the Freedom of Access to Information Act, and via the MANS application.

All of these minutes state that "Customs" is carrying out work on the beach based on a building permit issued by the Municipality of Herceg Novi.

At the same time, none of these inspections found that the investor lacked part of the documentation necessary for the execution of the works, namely conservation conditions and consent from the Administration for the Protection of Cultural Heritage.

Libertas previously announced that work on the swimming area in front of the luxury resort began without the consent of the UZKD, because the investor did not meet the conservation requirements, nor did he submit a request for the development of a conservation project, without which such work could not have been approved.

In his proposal for a postponement of execution, Čedomir Popović also stated that returning the coast to its original state would negatively affect not only "Carine" as an investor, but also employees, business partners, the tourism sector, public revenues, as well as the citizens of Baošić and Herceg Novi.

He also raised the issue that, he claims, the execution of the decision would call into question a legally binding administrative act, namely the building permit issued by the Municipality of Herceg Novi.

Popović also claimed that the coast on which he is building is not under UNESCO protection, and that the Smekja-Rašković Palace, which is being questioned, has not existed for decades.

"As the former Smekja–Rašković Palace has not existed on the site for decades, the aforementioned memorial plaque erected in memory of the stay of the French writer Pierre Lotti is outside the area that is the subject of development pursuant to the issued Building Permit, the Applicant believes that any protection measures can be implemented in a manner that will not produce disproportionate consequences for the Applicant as an investor, the local government and the general community, as well as the tourism industry, especially considering the Applicant's willingness to align all further activities with expert recommendations and requests from the competent authorities," it is written in the proposal for postponement of the execution of the decision, which Libertas has access to.

Declining postponement

Already on June 1, the UZKD rejected Popović's request to postpone the execution of the decision to return the beach to its condition before the stones were poured into the sea and the shore was concreted.

The administration explained that the plots on which "Carine" is building a swimming pool in front of a luxury five-star hotel are not only included in the Cultural Heritage Protection Study, but also in the Protected Area of ​​the Natural and Cultural-Historical Area of ​​Kotor in accordance with the Law on the Protection of the Natural and Cultural-Historical Area of ​​Kotor.

Given this, director Petra Zdravković wrote that the Law on the Protection of Cultural Property applies in this case, which defines the preservation of cultural heritage as a public interest.

She also replied to Popović that it was not true that the Smekja-Rašković Palace had not existed for decades, because its existence was documented and photographed in 2023, during the preparation of the HIA study (Cultural Heritage Impact Assessment).

"In the context of the allegations that the Smekja-Rašković Palace has not existed on the ground for decades, it is noted that during the preparation of the HIA study (Individual Project Impact Assessment on Heritage) for the construction of the five-star "Carine" hotel, a public road on the location of the former PKB complex in Baošići within the cadastral parcel no. 414/1, 414/2, 415, 416, 417, 418, 419, 420, 421, 422, KO Baošići, Herceg Novi, which was prescribed by the Administration and prepared at the request of DOO "Carine" dated 23.11.2023, the same was recorded and was still present on the ground during the preparation of the aforementioned HIA study, as evidenced by the photo documentation that is an integral part of this study," Zdravković writes in the explanation of the decision.

She also noted that, during the construction of a luxury hotel in 2024, part of the palace was demolished.

"A review of the administration's documentation found that, since the construction of the complex resulted in the demolition of the potential cultural asset Smekja-Rašković Palace, which was located within the stone enclosure wall, on which is located the individual cultural asset Memorial Plaque commemorating the stay of the French writer Pierre Loti, the Administration submitted an initiative to the competent inspection for cultural assets to conduct an inspection on July 8, 2024," Zdravković wrote in her response to Popović.

How to restore a swimming pool to its original condition?

In addition to imposing a fine of five thousand euros, the Directorate for the Protection of Cultural Heritage today also issued a decision on the conservation conditions for restoring the bathing area to its original condition.

It prescribes in detail how the location in the heart of the Bay of Kotor should be restored to the condition it was in before the start of the works.

Given that Customs failed to fulfill its obligation to prepare a conservation project, Zdravković issued a new decision ordering the Public Company for the Management of the Coastal Zone to take over the job.

"The Public Company for the Management of the Maritime Zone of Montenegro is obliged, within 2 (two) months from the date of receipt of this Decision, to submit to the Administration for the Protection of Cultural Heritage a project prepared in accordance with the conditions set out in paragraph I of this Decision, and prepared by a public institution established by the Government, or a legal entity that has an appropriate conservation license," reads the decision of the UZKD, which Libertas has access to.

Zdravković wrote in the decision that it is necessary to remove all newly built structures at the beach, remove all sand and stones from the sea up to the official shoreline, and remove the addition and restore the existing mattress.

She also ordered the reconstruction of the entire coast up to the road, using cadastral documentation, old photographs, archival materials, and all other available data showing what the coast looked like before the work began.

Popović: It would be a greater loss if we returned the coast to its original state

Last week, Čedomir Popović confirmed on RTCG that he had not even tried to restore the coast to its original state, expecting that his appeal, which is now being decided by the Supreme Court, will allow the works he carried out to be declared legal.

"Huge amounts of cubic meters of stone have been poured here. The depth here is about 12 meters. We have also consulted certain conservators and some of the profession, and everyone unanimously said: if the coast were to return to its original state, it would be much greater damage to the environment," Popović said at the time.

Although the board placed in front of the beach, which lists official information about the project, states that the beach area is approximately 12 square meters, Popović said in the same show that the Government of Montenegro has approved the development of around 11 square meters of the coast, of which, he claims, around eight thousand have been developed so far.

"To make it clear to everyone, the Government of Montenegro made a decision, not for this beach, but for others, but for this beach, that we have the right to fill 10.940 square meters. I repeat, it is now somewhere around eight thousand," said Popović.

While the Mayor of Herceg Novi Municipality, Stevan Katić, is not commenting on the case, including the proposal of the Protector of Property and Legal Interests of Montenegro, Bojana Ćirović, to cancel the construction permit issued to Popović, the company "Carine" continues work on the hotel complex in the midst of the tourist season.

The Baošići case reached Paris

The case of the works of the company "Carine" in Baošići also attracted the attention of the UNESCO World Heritage Center, which on February 27, 2026, sent an official letter to the Permanent Delegation of Montenegro to UNESCO in Paris, which Libertas has access to.

The letter states that the Center, based on media reports, is aware of allegedly unauthorized works in the protected environment of the Natural and Cultural-Historical Area of ​​Kotor, which is on the World Heritage List.

Referring to paragraph 174 of the Operational Guidelines for the Implementation of the World Heritage Convention, the Center requested the Montenegrin authorities to verify the allegations and submit a detailed statement on the case.

The competent institutions were asked to submit a response no later than March 13, 2026, so that the information could be considered in the preparations for the 48th session of the World Heritage Committee, which is taking place next week.

The response to UNESCO also includes an overview of events confirming that the Directorate for the Protection of Cultural Heritage acted ex officio following reports from citizens.

The document states that on February 16, 2026, experts from the Administration went to the field, assessed the situation at the location, and concluded that there was no conservation project approved by the Administration for the work carried out, nor were the works subsequently approved.

Therefore, the investor was ordered to restore the site to its original condition, with the obligation to first obtain new conservation conditions, develop a conservation project and obtain approval from the Administration.