New Law on Ports Entered into Force in Montenegro
February 17, 2026.
New Law on Ports entered into force in Montenegro
Source: Abaco's archive
On 13 January 2026, Montenegro’s new Law on Ports (“Official Gazette of Montenegro” no. 2/2026) (the “Law”) entered into force, replacing the former legal framework established in 2008 and subsequently amended. The law introduces a modernized and comprehensive regulatory regime for ports, reflecting international best practice and aligning with European Union standards.
Abaco participated in the public discussion on the Draft Law on Ports, contributing to the refinement of provisions that strengthen transparency, user protection, and sustainable port management. The Abaco’s activity in this respect was twofold: preparing comments to the Draft Law for their clients from the port sector, and direct addressing of other relevant issues as Abaco.
Abaco’s key contributions to the draft Law on Ports included regulating communal berths, clarifying authority over auxiliary port services, ensuring reinvestment of infrastructure fees, preserving oversight in spatial planning, and safeguarding ongoing concession procedures. Abaco’s proposal for the legal regulation of the nautical berth agreement was accepted by the drafters of the Law, though not incorporated into the final text; instead, this regime is left to be addressed under the future Law on Obligations in the Maritime Transport, which we consider an appropriate and well suited solution.
This engagement reflects Abaco’s commitment to advancing regulatory clarity and supporting the competitiveness of Montenegro’s maritime sector.
Key Novelties introduced by the Law
- New legal regime governing concessions
The Law provides detailed regulation of concession regimes, duration, and obligations, ensuring transparency and legal certainty.
Contrary to the previous law which stipulated that the procedure for obtaining concessions for the port would be governed by Law on Concessions, the Law in Article 27 clearly stipulates that right to use the port or to provide port services shall be granted by way of a concession in accordance with the Law on Public Private Partnership.
It is noteworthy that the Law provides different legal regime for procedure of obtaining concession for companies that are majority owned by the State or to another legal entity established by the State or exercising public authority. Upon fulfilment of prescribed conditions and on the basis of a Government decision, such concession could be granted without conducting a public call procedure in accordance with the Law (Article 28).
- Mandatory compliance for existing users of port areas in Montenegro
Legal entities currently using port areas and performing activities therein without a concession agreement or other appropriate agreement are required, under Article 97 of the Law, to submit a concession request within 90 days of the law’s entry into force. The application must include a detailed description of the concession scope, proof of port use, and supporting documentation. Failure to comply results in the loss of the right to use the port area and to perform activities therein.
- Port services
The Law introduces division into basic and auxiliary port services, replacing the previous single definition. It also prescribes specific procedures and minimum conditions applicable to the port service providers, including financial transparency requirements. It is noteworthy that the Law provides two regimes for granting the right to provide the port services through concession and through authorization regime.
- Governance
The Law makes stronger emphasis on port governance and division of competences between the Maritime Administration and Public Enterprise for Coastal Zone Management. Unlike solutions of the previous law, the Law stipulates that the Maritime Administration shall oversee pilotage and towing services irrespective of the port’s classification (i.e. whether port of national or local significance).
- Communal berths
We are most proud of our contribution to regulation of communal berth within the Law. In the public debate on the Draft Law on Ports, it had been emphasized that the existing definition of “communal berth” fails to capture its true purpose as safe mooring for residents and the local economy, distinct from commercial use. Misuse through trading and subleasing of the communal berth was noted, undermining local benefit, and Abaco’s proposed definition introducing clear distinctions between communal and commercial berths, with priority for municipal residents and transparent allocation, was ultimately accepted into the draft.
- Operations and safety
The Law expanded provisions on handling dangerous cargo, bunkering, port reception facilities, waste management plans, and exemptions.
- National Port Council
The Law introduces the National Port Council which will be established by the Government of Montenegro for the purpose of strategic planning and coordination of port development policy.
- Port user protection
The Law established of a Board for complaints, with procedures aligned with the EU Regulation 2017/352.
- Inspection powers
In comparison to the previous law, the Law introduces broader competences for maritime safety inspectors, strengthening mechanisms for oversight and enforcement of the Law.
EU Alignment
The Draft Law on Ports incorporates key European Union instruments, ensuring harmonization with EU maritime port practice, in particular:
- Directive (EU) 2019/883 on port reception facilities for ship generated waste and cargo residues.
- Regulation (EU) 2017/352 establishing a framework for the provision of port services and common rules on financial transparency of ports.
- Directive 2001/96/EC laying down harmonized requirements and procedures for the safe loading and unloading of bulk carriers.
Conclusion
The new Law on Ports represents a significant step forward in modernizing Montenegro’s port sector. By clarifying governance, putting emphasis on transparent concession regimes, and embedding sustainability and user protection, the law creates a framework that is supposed to be both investment friendly and aligned with EU practice.
Nevertheless, only through practical application of the Law will it become clear in which way the Law will affect the practice of the ports, port users and port service providers in Montenegro and whether its implementation will reveal weaknesses that require further refinement.