The OSCE Secretariat bears no responsibility for the content of this document FSC.EMI/177/25 and circulates it without altering its content. The distribution by OSCE 3 June 2025 Conference Services of this document is without prejudice to OSCE decisions, as set out in documents agreed by OSCE participating States. ENGLISH only MONTENEGRO
OSCE QUESTIONNAIRE ON ANTI-PERSONNEL MINES
MAY 2025 OSCE QUSTIONNAIRE ON ANTI-PERSONNEL MINES
Part I 1. Is it your country a State Party to the 1996 Amended Protocol II of 1996 on Prohibitions or Restrictions on the use of mines, Booby-Traps and other devices annexed to the 1980 Convention on Conventional Weapons (CCW)? • Yes If yes: 2. Please attach the most recent annual report submitted by your country in accordance with Article 13 of the Amended Protocol or give the appropriate electronic address for the report. • In the Annex If no: 3. Is your country considering ratification / accession to the Amended Protocol II? • N/A. 4. What measures have been taken to prevent the indiscriminate use of mines, booby-traps and other devices? • There is no production of mines on the territory of Montenegro. There are no antipersonnel minefields and no treading nor tensile anti-personnel mines are part of equipment of the Armed Forces of Montenegro. 5. Would your country be interested in receiving assistance related to the implementation of this Protocol? If so, please describe. • Not at the present time. 6. Does your country have the capacity to assist others related to this Protocol? If so, please describe. • Not at the present time.
Part II 7. Has your country ratified or acceded to the 1997 Convention on the prohibition of the use, stockpiling, production, and transfer of antipersonnel mines and on their destruction? • Yes 8.a) If yes, please attach the most recent report submitted by your country in accordance with Article 7 of the Convention or give the appropriate electronic address for the report. • In the Annex b) If no, is your country considering ratification/accession to the Convention? N/A c) Has your country adopted legislation to address the humanitarian objectives of the convention, or taken any specific measures regarding the use, production, storage transfer and destruction of antipersonnel land mines? In case a moratorium has been introduced, what is its scope and duration and when was it introduced? • Montenegro Criminal Code ("Republic of Montenegro Official Gazette”, no. 70/03, 13/04 and 47/06 and “Montenegro Official Gazette”, no. 40/08, 25/10, 73/10, 32/11, 64/11, 40/13, 56/13, 14/15, 42/15, 58/15, 44/17, 49/18, 3/20 and 26/21), in articles 432 prescribes that whoever, during a war or armed conflict, orders the use of means of combat or a methods of combat prohibited by the rules of international law or uses them by himself/herself, he/she shall be punished by imprisonment between two and ten years. If several persons were killed as a result of the above-mentioned act, the perpetrator shall be punished by imprisonment for not less than five years or by long-term imprisonment (30-40 years). Whoever calls for the use or prepares the use of aforementioned combat means or methods of combat, shall be punished by imprisonment for a term between six months and five years. Article 433 of this Law stipulates that whoever, contrary to domestic law or international law, manufactures, buys, sells, imports, exports or otherwise procures or gives to another, holds or transports weapons whose production or use is prohibited or means for their production, shall be punished by imprisonment for one to five years. The official or responsible person who orders or enables the legal entity to perform the above-mentioned activities shall be punished by imprisonment for one to eight years. 9. Does your country have any specific measures in place to provide assistance to victims? • There are no specific measures other than assistance for wounded persons through regular medical care in hospitals or rehabilitation centers. 10. Does your country require assistance in mine clearance, stockpile destruction, mine awareness and /or victim assistance? If so, please describe. • Assistance could only be requested in the field of victim assistance. 11. Does your country have the capacity to assist others in mine action? If so, please describe. • Not at the present time. Part III OSCE QUESTIONNAIRE ON EXPLOSIVE REMNANTS OF WAR To be submitted on a voluntary basis along with the OSCE Questionnaire on Anti- Personnel Mines no later than 31 May each year. 1. Have your country notified the Depositary of its consent to be bound by the 2003 CCW Protocol V on Explosive Remnants of War (ERW) once it enters into force? Is your country considering doing so? • Montenegro ratified Protocol V, CCW, on 22nd March 2016. 2. If yes, at what stage is the process? • Montenegro is a State Party of CCW, Protocol V. 3. Would your country be interested in receiving assistance in clearing or otherwise minimizing the risk and effects of ERW? If so, please describe. • Montenegro is interested in receiving international assistance to upgrade and build up the capacities related to ERW, such as: − Expert support on Implementation of International Mine Action Standards (IMAS) in Montenegro; − Capacity building (training, equipment, regular vehicles, trucks for heavy ERW); − Clearance of ERW; − Victim assistance. 4. Does your country have the capacity to assist others in clearing and minimizing the risks and effects of ERW? If so, please describe. • The Ministry of Interior, Directorate for Emergency Management has capacity to provide assistance to other neighboring countries only in the short term due to limited number of personnel and high percentage of domestic commitments related to this issue. AMENDED PROTOCOL II
PROTOCOL ON PROHIBITIONS OR RESTRICTIONS ON THE USE OF MINES, BOOBY-TRAPS AND OTHER DEVICES, AS AMENDED ON 3 MAY 1996, ANNEXED TO THE CONVENTION ON PROHIBITIONS OR RESTRICTIONS ON THE USE OF CERTAIN CONVENTIONAL WEAPONS WHICH MAY BE DEEMED TO BE EXCESSIVELY INJURIOUS OR TO HAVE INDISCRIMINATE EFFECTS (Protocol II as amended on 3 May 1996) _____________________________________________________________________________
REPORTING FORMATS
for Article 13 paragraph 4 and Article 11 paragraph 2
NAME OF THE HIGH CONTRACTING PARTY: MONTENEGRO
DATE OF SUBMISSION: 17th March 2025
NATIONAL POINT(S) OF CONTACT: DIRECTORATE FOR DEFENCE POLICY
e-mail: larisa.kalezic@mod.gov.me tel: +382 20 483 341 (Organization, telephones, fax, e-mail)
This information can be available to other interested parties and relevant organizations:
YES
NO
Partially, only the following forms:
A B C D E F G
CONVENTION ON CERTAIN CONVENTIONAL WEAPONS AMENDED PROTOCOL II
Form A Dissemination of information
Article 13, paragraph 4 (a) “The High Contracting Parties shall provide annual reports to the Depositary […] on […]:
(a) dissemination of information on this Protocol to their armed forces and to the civilian population;”
Remark: REPORT
High Contracting Party: MONTENEGRO
Reporting for time period from: 1st January 2024 to: 31st December 2024 dd/mm/yyyy dd/mm/yyyy
INFORMATION TO THE ARMED FORCES: The Armed Forces of Montenegro is familiar with the entry into force and the content of the Amended Protocol II.
Provisions of the Amended Protocol II are completely implemented within the units of the Armed Forces of Montenegro, through implementing measures from the Order of the General Staff. Topics covered by the Amended Protocol II are being incorporated into regular trainings of members of AF as well as predeployment trainings for peacekeeping missions and operations.
INFORMATION TO THE CIVILIAN POPULATION: The Amended Protocol II has been ratified by the Parliament of Montenegro through the Law, and it has been published into the "Official Gazette of Montenegro" - international treaties, No. 14/11 from 11th November 2011. The amended Protocol II has been available to every citizen at the official site of the Official Gazette of Montenegro.
Montenegro`s accession to the Amended Protocol II with its basic content was also published in the monthly magazine "PARTNER" No. 47 in April 2012, by the Ministry of Defence and is available to the citizens as a free sample in the press at the official site of the Ministry of Defense.
CONVENTION ON CERTAIN CONVENTIONAL WEAPONS AMENDED PROTOCOL II
Form B Mine clearance and rehabilitation programmes
Article 13, paragraph 4 (b) “The High Contracting Parties shall provide annual reports to the Depositary […] on […]:
(b) mine clearance and rehabilitation programmes;”
Remark: REPORT
High Contracting Party:
Reporting for time period from: to: dd/mm/yyyy dd/mm/yyyy
MINE CLEARANCE PROGRAMMES:
REHABILITATION PROGRAMMES:
CONVENTION ON CERTAIN CONVENTIONAL WEAPONS AMENDED PROTOCOL II
Form C Technical requirements and relevant information
Article 13, paragraph 4 (c) “The High Contracting Parties shall provide annual reports to the Depositary […] on […]:
(c) steps taken to meet technical requirements of this Protocol and any other relevant information pertaining thereto;”
Remark: REPORT
High Contracting Party:
Reporting for time period from: to: dd/mm/yyyy dd/mm/yyyy
TECHNICAL REQUIREMENTS:
ANY OTHER RELEVANT INFORMATION:
CONVENTION ON CERTAIN CONVENTIONAL WEAPONS AMENDED PROTOCOL II
Form D Legislation
Article 13, paragraph 4 (d) “The High Contracting Parties shall provide annual reports to the Depositary […] on […]:
(d) legislation related to this Protocol;”
Remark: REPORT
High Contracting Party: MONTENEGRO
Reporting for time period from: 1st January 2024 to: 31st December 2024 dd/mm/yyyy dd/mm/yyyy
LEGISLATION: Within the legislative framework concerning the implementation of CCW Convention, the situation regarding the law is the following: The Article 432 of the Criminal Code of Montenegro, adopted on 17th December 2003 and published in the "Official Gazette of the Republic of Montenegro" No. 70/03, 44/17 prescribes the following: (1) Any person who, during the state of war or armed conflict, orders the use of means and methods of warfare which are prohibited by the rules of the international law, or uses them by him/herself, shall be punished by an imprisonment ranging from 2 to 10 years. (2) If commitment of the offence reffered to in paragraph 1 of the Article results in death of several persons, a perpetrator shall be punished by an imprisonment ranging from 5 years to long-term imprisonment (minimum 30 years/maximum 40 years). Any person who calls for or prepares the use of the weapons referred to in paragraph 1 of the Article, shall be punished by the imprisonment ranging from 6 months to 5 years. The Article 433 of the Criminal Code of Montenegro prescribes the folowing: Any person who, against the Law, other regulation or international law regulations, manufactures, purchases, sells, imports, exports or in any other way obtains or provides others with weapons, keeps or transports weapons which manifacture or usage is prohibited as well as materials required for their manifacture, shall be punished by an imprisonment ranging from 1 to 5 years, as prescribed by the Article 433 of the Code. An official or responsible person ordering or allowing a legal entity to perform the activities provided for in paragraph 1 of this Article shall be punished by an imprisonment sentence from 1 to 8 years. Law on the Armed Forces ("Official Gazette of Montenegro" No. 051/17 and 34/19) stipulates that Montenegrin Armed Forces is a professional defense force that defend the independence, sovereignty and state territory of Montenegro and perform other assigned
CONVENTION ON CERTAIN CONVENTIONAL WEAPONS AMENDED PROTOCOL II
missions and tasks in accordance with the Constitution of Montenegro, the law and international law (Article 2). Law on Foreign Trade in Weapons and Military Equipment ("Official Gazzete of Montenegro", No. 40/16) and Law on Control of export of dual-use goods ("Official Gazette of Montenegro", No. 145/21) prescribes fines for offences regarding licenses and other documents necessary for trade of armaments, military equipment and dual-use goods. According to the Law, the following by-laws (legislation) were adopted: Decision on Establishing the National Control List of Weapons and Military Equipment ("Official Gazette of Montenegro No. 22/24), Decision on Establishing the National Control List of Dual-Use Goods ("Official Gazette of Montenegro, No. 53/23). Armament and military equipment are controlled in a regular customs procedure and are approved by the required customs procedure, with permission of the Ministry of Economic Development i.e. consent of another competent authority, depending on the type of transport. The Customs Administration carries out control of arms and military equipment in accordance with the Law on Foreign Trade in Weapons and Military Equipment ("Official Gazette of Montenegro", No. 40/16), the Law on Control of Exports of Dual-Use Goods ("Official Gazette of Montenegro", No. 145/21), the Law on Weapons ("Official Gazette of Montenegro", No. 10/15) and the Rulebook on the manner in which the customs authorities act in customs procedures with weapons and military equipment ("Official Gazette of Montenegro", No. 82/16), and relevant control lists. Having regard to the Amended Decision on control list for export and import of goods, published in the Official Gazette of Montenegro No. 55/23, the Ministry of Economy (current Ministry of Economic Development) developed a Rulebook for custom officials pertaining to implementation of the Decision, containing also a clarification for weapons and parts of weapons which are under control of the Ministry of Economic Development, which issues licenses for these goods. The new Law on Control of Exports of Dual-Use Goods ("Official Gazette of Montenegro", No. 145/21), from 31 December 2021, entered into force on 8 January 2022. This Law regulates the conditions and manner under which may be used for exports, transit of dual- use goods, provision of brokerage services and technical assistance related to dual-use goods, as well as other issues of importance for export, transit, provision of brokerage services and technical assistance for dual-use goods. Also, the Decision on the control list for export and import of goods ("Official Gazette of Montenegro", No. 55/23) entered into force on 9 June 2023. Custom Administration has prepared a call for organizational units for the correct application of this regulation which has been implemented in the TARICG database (database of customs and foreign trade regulations), as well as in the Customs Information System of the Customs Administration. In December 2022, the Ministry of Economic Development initiated amendments to the Decision on the control list for export and import of goods, which was last time amended in June 2022. The Ministry submitted the Proposal for the Decision on amendments to the Decision and the Administration provided comments and suggestions within its jurisdiction. In 2023, a new Decision on establishing the national control list of dual-use goods was adopted ("Official Gazette of Montenegro", No. 53/23 from 24 May 2023). The Government passed this Decision on 20 April 2023, it entered into force on 1 June 2023, and it established the national control list of dual-use goods. The Administration made a circular note to competent organizational units for the implementation of the referred
CONVENTION ON CERTAIN CONVENTIONAL WEAPONS AMENDED PROTOCOL II
decision. Work on drafting the new Law on Restrictive Measures has been continued by the Working Group, consisted of representatives of competent authorities and ministries. The holder of this regulation is the Ministry of Foreign Affairs and the Customs Administration has provided comments and suggestions on the draft of this Law on several occasions. The new Customs Law, adopted on 3 August 2022, has started to be implemented in 2023 ("Official Gazette of Montenegro", No. 086/22 from 6 March 2023, 097/23 from 30 October 2023). Also, the new Regulation on the closer way of implementing customs procedures and customs formalities, which entered into force in 2023 ("Official Gazette of Montenegro", No 026/23 from 6 March 2023, 097/23 from 30 October 2023), has started to be implemented since 1 January 2024. In 2024, the new Law on Restrictive Measures was adopted ("Official Gazette of Montenegro", No 119/24 from 13 December 2024). The Customs Administration has made a circular note to competent organizational units for the implementation of the referred law. The Customs Administration has also appointed a representative who will be a member of the Permanent coordination body, that will be consisted of state authorities representatives competent in implementing restictive measures. A representative of the Customs Administration, who is a member of the Working Group for drafting of new Law on Weapons, participated in several meetings regarding the drafting of the aforementioned law. The holder of this regulation is the Ministry of Internal Affairs and the Customs Administration has provided comments and suggestions on the draft of this regulation.
CONVENTION ON CERTAIN CONVENTIONAL WEAPONS AMENDED PROTOCOL II
Form E International technical information exchange, cooperation on mine clearance, technical cooperation and assistance
Article 13, paragraph 4 (e) “The High Contracting Parties shall provide annual reports to the Depositary […] on […]:
(e) measures taken on international technical information exchange, on international cooperation on mine clearance, and on technical cooperation and assistance;”
Remark: REPORT
High Contracting Party:
Reporting for time period from: to: dd/mm/yyyy dd/mm/yyyy
INTERNATIONAL TECHNICAL INFORMATION EXCHANGE:
INTERNATIONAL COOPERATION ON MINE CLEARANCE:
TECHNICAL COOPERATION AND ASSISTANCE:
CONVENTION ON CERTAIN CONVENTIONAL WEAPONS AMENDED PROTOCOL II
Form F Other relevant matters
Article 13, paragraph 4 (f) “The High Contracting Parties shall provide annual reports to the Depositary […] on […]:
(f) other relevant matters.”
Remark: REPORT
High Contracting Party: MONTENEGRO
Reporting for time period from: 1st January 2024 to: 31st December 2024 dd/mm/yyyy dd/mm/yyyy
OTHER RELEVANT MATTERS: In Montenegro, in the period from the beginning of the civil war in Yugoslavia until today, seven civilians and two soldiers were killed, due to consequences of anti-personnel mines, cluster munitions and other explosive ordnance, as well as from consequences of NATO intervention, according to data presented by the Ministry of social welfare, family welfare and demography.
Under the Law on War Veterans and Disability Insurance ("Official Gazette of Republic of Montenegro", No. 69/03, "Official Gazette of Montenegro" No. 21/08, 1/15 and 52/16) families of fallen soldiers exercised the right to family disability allowance on the basis of the fallen soldier.
As a result of NATO intervention in 1999 and the explosion of mines, nine civilians were injured, out of which seven persons were characterized as civil war invalids, as follows: -one person is recognized as civil war invalid of the fourth group with 80% disability with the right to personal disability allowance in the monthly amount of 333,89 euros; -one person is recognized as civil war invalid of the fifth group with 70% disability with the right to personal disability allowance in the monthly amount of 236,16 euros; -three persons are recognized as civil war invalids of the sixth group with 60% disability with the right to personal disability allowance in the monthly amount of 146,59 euros; -two persons are recognized as civil war invalids of the seventh group with 50% disability with the right to personal disability allowance in the monthly amount of 105,86 euros.
The injured persons, being characterized as civil war invalids, are entitled to disability allowance in the monthly amount of money depending on the degree of physical impairment. In addition to the right to disability allowance, civil war invalids can exercise the right to allowance for care and assistance by another person, and the right to an
CONVENTION ON CERTAIN CONVENTIONAL WEAPONS AMENDED PROTOCOL II
orthopedic allowance. In addition to these rights, the right to financial compensation of material security, family allowance, health care, free and privileged drive and funeral expenses can be exercised.
The right to financial compensation of material security can be achieved by disabled civil war invalids who are materially unsafe and unfit for work and earning, under the conditions stipulated by this law. The right to family benefits can be exercised by family members of the deceased civil war invalid who was a beneficiary of allowance for care and assistance, until the day of his/her death. Civil war invalids who are not otherwise insured are entitled to health care and other rights related to health care by health regulations. Civil war invalids are entitled to orthopedic and other devices, in accordance with health regulations. Civil war invalids are entitled to a spa and climatic treatment in accordance with health regulations. The victims or persons who suffered harm, injury or psychosomatic diseases related to military operations, the explosion of residual war materials, as well as hostile terrorist activity, can exercise right to certain compensation, by submitting a request to the local administration authority, at the territory the claimant resides.
CONVENTION ON CERTAIN CONVENTIONAL WEAPONS AMENDED PROTOCOL II
Form G Information to the UN-database on mine clearance
Article 11, paragraph 2, “2. Each High Contracting Party undertakes to provide information to the database on mine clearance established within the United Nations System, especially information concerning various means and technologies of mine clearance, and lists of experts, expert agencies or national points of contact on mine clearance.”
Remark: REPORT
High Contracting Party: MONTENEGRO
Reporting for time period from: 1st January 2024 to: 31st December 2024 dd/mm/yyyy dd/mm/yyyy
MEANS AND TECHNOLOGIES OF MINE CLEARANCE:
LISTS OF EXPERTS AND EXPERT AGENCIES: Milovan Joksimovic, Vladan Buric, Valentina Babovic, Vladimir Sekulic, EOD department, Resque and Protection Directorate, Ministry of Interior.
NATIONAL POINTS OF CONTACT ON MINE CLEARANCE: EOD department, Resque and Protection Directorate, Ministry of Interior
_____
CONVENTION ON CERTAIN CONVENTIONAL WEAPONS CONVENTION ON THE PROHIBITION OF THE USE, STOCKPILING, PRODUCTION AND TRANSFER OF ANTI-PERSONNEL MINES AND ON THEIR DESTRUCTION
Reporting Formats for Article 7
STATE [PARTY]: MONTENEGRO MINISTRY OF DEFENCE, DIRECTORATE FOR DEFENCE POLICY POINT OF CONTACT: +382 20 483 341; larisa.kalezic@mod.gov.me (Name, organization, telephone, fax, email) (ONLY FOR THE PURPOSES OF CLARIFICATION) COVER PAGE OF THE ANNUAL ARTICLE 7 REPORT
NAME OF STATE [ PARTY ]: MONTENEGRO
REPORTING PERIOD: 1st January 2024 to 31st December 2024 (dd/mm/yyyy) (dd/mm/yyyy)
Form A: National implementation measures: Form F: Program of APM destruction: changed changed x unchanged (last reporting: 2019) x unchanged (last reporting: 2020) non applicable
Form B: Stockpiled anti-personnel mines: Form G: APM destroyed: changed Changed x unchanged (last reporting: 2020) x unchanged (last reporting: 2020) non applicable non applicable
Form C: Location of mined areas: Form H: Technical characteristics: changed changed x unchanged (last reporting: 2020) x unchanged (last reporting: 2020) non applicable non applicable
Form D: APMs retained or transferred: Form I: Warning measures: changed changed x unchanged (last reporting: 2019) x unchanged (last reporting: 2019) non applicable non applicable
Form E: Status of conversion programs: Form J: Other Relevant Matters changed Changed x unchanged (last reporting: 2019) x unchanged (last reporting: 2019) non applicable non applicable
Notes on using the cover page:
1. The cover page can be used as a complement to submitting detailed forms adopted at the First and Second Meetings of the States Parties in instances when the information to be provided in some of the forms in an annual report is the same as it would be in past reports. That is, when using the cover page, only forms within which there is new information needs to be submitted.
2. The cover page can be used as a substitute for submitting detailed forms adopted at the First and Second Meetings of the States Parties only if all of the information to be provided in an annual report is the same as in past reports.
3. If an indication is made on the cover sheet that the information to be provided with respect to a particular form is unchanged in relationship to a previous year’s form, the date of submission of the previous form should be clearly indicated.