Marina Bar adopted a new rulebook on conditions and criteria for the lease and use of communal moorings, which caused dissatisfaction among the owners of barges and boats. They believe that the process is not transparent enough and that several conditions are disputed.
In the Rulebook on the conditions and criteria for the exercise of the right to use the communal mooring, the rules were determined according to which citizens will be able to have or keep a mooring in the Marina of Bar from the end of this year, and the administration invited users or interested parties to submit documentation.
According to that document, the ranking list of applicants is determined based on the submitted applications, and the criteria are the duration of residence, i.e. the applicant's headquarters in the territory of the Municipality, the purpose of the boat, the type of construction of the boat, the period of previous use of the communal connection in the same marina.
Applicants who have lived in Bar for up to five years will receive the least points for the first condition (five), 10 points for those who have lived in Bar between five and ten years, and 15 points for those who have been in Bar for over 15 years. When it comes to scoring the purpose of the boat, a boat for commercial fishing or for transporting passengers gets 13 points, and other boats for commercial purposes and a boat for personal needs get ten points. For a boat of "traditional wooden construction" you get 20 points and the others 10. If the one applying had a communal mooring up to five years ago, he will get one point. If he had a boat in the Bar Marina from five to ten years, two points, and three points will be given to those who had a boat moored in the Marina for up to 15 years.
What some of the owners of the moorings saw as particularly controversial is the part of the rulebook that states that "in case of an equal number of points, priority in the ranking list is achieved according to the time of submission of the request, in such a way that priority is given to the previously submitted request".
As they told "Vijesta", they believe that Marina Bar is "playing favorites" in this way and is trying to secure a place for certain people.
Four owners and one owner of the communal connection said that they learned from acquaintances that the submission of documentation has begun, including for the new Rulebook, and they hurried to submit the papers because they understood that it was done according to the system - first come first served.
They consider this to be discriminatory, since the application requires a certificate of residence from the Ministry responsible for internal affairs, an extract or other confirmation from the Central Register of Business Entities, a valid license for sailing a boat, an extract from the Register of Boats issued by the Port Authority of Bar, an insurance policy, a license to conduct business of fishing in the fishing sea of Montenegro, consent of other co-owners of the boat, certificate of construction or self-construction or other document issued by the authority responsible for technical supervision of construction of the boat.
As they told "Vijesti", it is almost impossible to collect all these documents in one or even a couple of days, and they were informed that some owners submitted the documents already on the first day, which for them means that they were informed about it earlier.
For them, the conditions for the termination of the right to use the communal mooring are also problematic, especially the one that states that the mooring cannot be inherited after the death of the person who exercised the right, which was the case until now, so the mooring was left with the inherited boat.
The right will also be terminated at one's own request, by changing the owner of the boat, deleting the boat from the Register of Boats, changing the applicant's place of residence, i.e. the seat of the applicant in such a way that it is no longer located in the territory of the municipality of Bar, ceasing to be a legal entity, i.e. deleting it from the Central Register of Businesses subjects and if he does not submit proof of registration in the Central Tourist Register within the prescribed period.
Executive director of Bar Marina Danko Mirkovic he told "Vijesta" that the public was informed about the new rulebook through the notice board, the official website and in the daily newspaper "Pobjeda", and that they started receiving requests at the registry office on December 5th.
In order for all interested individuals and legal entities to familiarize themselves with the content of the Rulebook before initiating the public call itself, Marina Bar published a press release on local portals on December 3, the day after the adoption of the Rulebook, he said.
"Therefore, all current and future users could familiarize themselves with the content of the Rulebook even before the initiation of the public call", he concluded.
When it comes to the part of the Rulebook that refers to scoring and provides that in the case of the same number of points, the one who submitted the documentation first has priority, Mirković said that this principle in Latin, which is often used to denote the rule "whoever submits first, has priority" is called "prior tempore, potior iure".
"Translated, it means "previous in time, stronger in law". This principle is used in legal contexts, especially in property law, tenders or registrations, in order to determine the priority of rights or claims based on the chronological order of filing," he pointed out.
He said that until now there was no Rulebook that prescribed the conditions, criteria, procedure for exercising the right to use the communal connection and the way of using the communal connection. There was only a provision in the price list of the marina that referred to the conditions, but not to the criteria and the procedure itself for exercising the right to use the utility connection.
"The regulations do not specify the prices for the use of the utility connection, because the price is not the subject of the Regulations, but of the price list of services on which they received the consent of the competent administrative body and which will be published in accordance with the law," Mirković said.
Dabović: Possible corrections next year
The President of the Berth Users Association, Ivan Dabović, told "Vijesta" that the members of that association met with and that it was established that the Rulebook was put into effect for this year, and that there might be room for correction and changes to the Rulebook for the next one.
He noted that this is the first regulation that Marina has ever had, as far as they are aware, which they see as a good thing and support that the berth allocation system be regulated. All members of the Association submitted the documentation, he said, and they believe that there will be no problems.
They requested that one member of the Association be an independent observer when the commission determines who will receive the berth.
"I don't see a problem for Barane. They are even at an advantage with the new way of scoring, and I see that the problem is being created for residents of other cities. Some of our members were surprised and confused at first, but we received a promise from the management of Marineda that it is an arrangement that is useful for current and future boat owners, who are mainly residents of Bar, and have been waiting on the list for years to get the moorings. , so we expect the entire process of berth distribution to go smoothly", said Dabović.
All large and organized marinas in Europe have this regulation, he emphasized, and mentioned Croatia as a positive example, and believes that the Regulation should be even better in the future.
Bonus video:
