EC: Conditions for closing Chapter 5 fulfilled, implementation of agreement with UAE to be in line with European legislation

The EC, in the Draft Common Position for Chapter 5, which Vijesti had access to, stated that, although the framework for combating corruption in the field of public procurement requires additional strengthening, there is a clear plan for addressing remaining weaknesses, which should be implemented by the beginning of 2026.

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Flags of Montenegro and the EU (Illustration), Photo: Shutterstock
Flags of Montenegro and the EU (Illustration), Photo: Shutterstock
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

Montenegro has met the conditions for closing Chapter 5 (public procurement) in negotiations with the European Union (EU), the European Commission (EC) assessed, saying that it is important to ensure that the implementation of the Agreement with the United Arab Emirates (UAE) does not conflict with the European acquis in this area.

The Parliament of Montenegro today once again adopted the Draft Law on the ratification of the agreement between the Government of Montenegro and the United Arab Emirates (UAE) on cooperation in tourism and real estate development.

At today's parliamentary session, 52 MPs voted, 41 in favor, seven against, and four abstained.

The EC, in its Draft Common Position for Chapter 5, stated that Montenegro has made significant progress in all areas related to public procurement, by adopting legislation aligned with the EU acquis and strengthening its administrative structures and implementation capacity.

"In particular, since 2021, the country has made significant improvements, strengthening its institutional framework, implementing an electronic public procurement system and making adequate progress towards a fair and transparent public procurement system, which provides good value for money, competition and strong protection measures against corruption. While the anti-corruption framework, specifically in the area of ​​public procurement, requires further strengthening, there is a clear plan to address the remaining weaknesses, which should be implemented by early 2026," the EC stated in the Draft Common Position currently being considered by the EU Council bodies, before the decision to close the chapter is made by the member states.

Chapter 5 is expected to be closed at the Intergovernmental Conference between Montenegro and the EU this month.

The document, which "Vijesti" has access to, states that Montenegro has made additional progress in revising its framework for combating corruption, conflict of interest and fraud in the field of public procurement, but that further measures are needed to address this issue.

"In this sense, given that the current definitions of corruption and fraud are not precise enough for the needs of public procurement, Montenegro plans to address these issues in the coming months. Following the amendments to the Law on the Prevention of Corruption in 2024 and the National Anti-Corruption Strategy, which strengthens general mechanisms, policies and action plans in the fight against corruption, Montenegro has also officially committed in its annex to the negotiating position to amend the Law on Public Procurement and the Law on the Prevention of Corruption by the first quarter of 2026, with the aim of strengthening corrective mechanisms, introducing direct misdemeanor liability, budgetary control of inspection bodies, as well as more precisely defining corrupt actions in public procurement, while linking relevant provisions from the two basic laws," the Draft Common Position states.

In addition, as it is added, Montenegro has committed to introducing a "red flag" (early warning system) in the electronic public procurement system to detect irregularities (fraud, collusion, coercion, obstruction, conflict of interest and other corrupt actions) in public procurement procedures, by the second quarter of 2026.

"The European Commission will closely monitor the implementation of these obligations," they said.

It is noted that the Agreement on Cooperation in the Field of Tourism and Real Estate Development, concluded on March 28, 2025 between the governments of Montenegro and the United Arab Emirates, provides that all contracts, programs and further agreements with investors from the UAE are exempt from the legislation of both countries in the field of public procurement, public tenders and public bidding procedures.

"It would be crucial for Montenegro to ensure that the implementation of this Agreement does not conflict with the EU acquis in the field of public procurement. The way in which the Agreement will be interpreted, applied and enforced will need to be carefully managed. The EU stands ready to support Montenegro in this regard," the document states.

The EU, it added, calls on Montenegro to improve the database for transparent sharing of information on decisions related to concessions and public-private partnership contracts, as well as procurement contracts in the field of defense and security.

Minister of European Affairs Maida Gorčević said earlier today that the EC has confirmed that Montenegro meets the criteria for closing Chapter Five - Public Procurement.

She stated on the X platform that she believes this has removed all concerns regarding international agreements whose provisions specifically concern public procurement.

"Progress is visible, and the reform course is solid. We are continuing the process of closing the chapter, with the goal of Montenegro's membership in the European Union by 2028," said Gorčević.

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