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REPUBLIC OF MONTENEGRO<br />

MINISTRY OF FINANCE<br />

BULLETIN III<br />

JANUARY-MARCH 2006.<br />

www.ministarstvo-finasija.vlada.cg.yu<br />

TAX ADMINISTRATION: www.poreskauprava.vlada.cg.yu<br />

CUSTOMS OFFICE: www.gom.cg.yu/carine<br />

ANTI-CORRUPTION DIRECTORATE: www.antikorup.vlada.cg.yu<br />

DIRECTORATE FOR ANTI-MONEY LONDERY: www.gom.cg.yu/aspn<br />

DIRECTORATE FOR REAL ESTATES: www.nekretnine.cg.yu


TABLE OF CONTENTS<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

Projest „1000<br />

HOUSING LOANS”<br />

TABLE OF CONTENTS<br />

4-5<br />

INTRODUCTION<br />

- Igor Lukšić, PhD, Minister of Finance<br />

6-9<br />

PROJECT "1000 HOUSING LOANS"<br />

10-17<br />

GUIDEBOOK TO THE TAX SYSTEM<br />

- Koviljka Mihailović, Assistant Minister of Finance<br />

18-21<br />

BUDGETARY SUFICIT<br />

- Mirjana Pešalj, Director, Tax Administration<br />

22-23<br />

TAX ADMINISTRATION<br />

- Gordana Stajčić,<br />

Chief of Cabinet, Tax Administration<br />

24-26<br />

REPORT ON PUBLIC<br />

DEBT OF MONTENEGRO<br />

- Nikola Vukićević, M.Econ,<br />

Coordinator, Public Debt Department<br />

27-28<br />

COOPERATION WITH THE WORLD BANK<br />

- Jadranka Radunović, Coordinator,<br />

International Co-operation Division<br />

2


TABLE OF CONTENTS<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

29-30<br />

31-32<br />

33<br />

34-35<br />

36<br />

37-40<br />

41-42<br />

43-48<br />

STATE AID<br />

- Danijela Jauković, Advisor to the Minister<br />

on Co-operation with the EU<br />

and International Financial Institutions<br />

ENFORCEMENT OF CLAIMS<br />

SECURED UNDER THE CONTRACT<br />

ON FIDUCIARY TRANSFER<br />

OF TITLE TO REAL ESTATE<br />

- Milodarka Novosel, Senior Advisor<br />

ENFORCEMENT OF CLAIMS OF THE GOVERNMENT<br />

OF MONTENEGRO IN COURT PROCEEDINGS<br />

- Gordana Vukoslavčević, Senior Advisor<br />

FUNCTIONING OF THE GAMES OF CHANCE SYSTEM<br />

- DEPARTMENT FOR GAMES OF CHANCE;<br />

Radmila Vorotović, Head<br />

Veljko Begović, Chief Inspector<br />

LAW ON COMPULSORY INSURANCES<br />

IN TRAFFIC<br />

INSURANCE SUPERVISION SERVICE,<br />

Milanka Obradović, Coordinator of the Service<br />

AGENDA OF THE MINISTRY<br />

OF FINANCE FOR 2006<br />

OVERVIEW OF THE ACTIVITIES<br />

OF THE MINISTER OF FINANCE<br />

- PR SERVICE OF THE MINISTRY<br />

- Ana Miljanić, Spokesperson, Maja Bašić, Senior Employee I<br />

MACROECONOMIC<br />

REPORT<br />

Republic of Montenegro<br />

Ministry of Finance<br />

Bulletin of the Ministry of Finance<br />

January-March 2006<br />

NUMBER:<br />

3<br />

PUBLISHED:<br />

quarterly<br />

PUBLISHER:<br />

Republic of Montenegro<br />

The Ministry of Finance<br />

FOR PUBLISHER:<br />

Igor Lukšić Ph.D.<br />

EDITOR-IN-CHIEF:<br />

Ana Miljanić<br />

EDITORIAL BOARD:<br />

Koviljka Mihailović, Milorad Katnić<br />

M.A., Milan Dabović PhD<br />

TRANSLATOR:<br />

Jelena Čađenović<br />

Design:<br />

Adil Tuzović<br />

CONTACT:<br />

PR Office of the Ministry of Finance<br />

TEL:<br />

+381 81 224 581<br />

FAX:<br />

+381 81 224 450<br />

E-MAIL:<br />

mf@mn.yu<br />

WEB:<br />

www.ministarstvo-<strong>finansija</strong>.vlada.cg.yu<br />

ADDRESS:<br />

Stanka Dragojevića 2, Podgorica<br />

PRINT:<br />

Grafotisak<br />

COPYES:<br />

500<br />

3


Introduction<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

MINISTER OF FINANCE<br />

IGOR LUKŠIĆ, PH.D.<br />

Introduction<br />

CONTACT:<br />

PHONE:<br />

+381 81 242-835,<br />

FAX:<br />

+381 81 224 450<br />

E-MAIL:<br />

mf@mn.yu<br />

WEB:<br />

www.ministarstvo-<strong>finansija</strong>.vlada.cg.yu<br />

Dear Readers,<br />

An overriding impression throughout<br />

2005 about Montenegrin<br />

economy being out of recession was<br />

definitely confirmed in the first<br />

quarter of 2006. Favourable macroeconomic<br />

indicators achieved over<br />

the last couple of years, convincingly<br />

prove the macroeconomic stability<br />

required for further growth and development.<br />

Favourable trends are likely<br />

to continue in the course of<br />

2006. Significant increase of the tax<br />

revenues as compared to planned<br />

ones, indicates considerable reduction<br />

of grey economy, and more important,<br />

stronger economic activities.<br />

Expectations of excellent tourist<br />

season, positive effects from restructuring<br />

and privatization of the<br />

banking sector, strong inflow of Foreign<br />

Direct Investments etc., speak<br />

in favour of viability and progress<br />

of Montenegrin economic system.<br />

The above also serves as a proof that<br />

a proper economic policy has been<br />

conducted in the previous period.<br />

Finally, the IMF gave its opinion<br />

about this in early February, when<br />

a three-year arrangement was completed,<br />

which, in addition to having<br />

positive effect on image of Montenegro,<br />

led to further write-off of liabilities<br />

to the Paris Club. Following<br />

regulation of Montenegro<br />

membership to the international<br />

financial institutions, creation of a<br />

new program of co-operation with<br />

the IMF is ahead of us, particularly<br />

in the area of further structural reforms.<br />

In addition to standard program<br />

elements, more attention<br />

should be paid on finances of local<br />

self-governments and public finances<br />

in general, including public<br />

companies. Introduction of the II<br />

pension pillar and continuation of<br />

reforms in the health system will be<br />

key reforms in the forthcoming period.<br />

4


Introduction<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

Cabinet-meeting of the Ministy of Finance<br />

Regardless of the highly important<br />

and politically deciding moment,<br />

the reform process may not be<br />

delayed. Particularly important activities<br />

for this year are related to finalization<br />

of a set of property laws,<br />

which are now in the final phase.<br />

Full liberalization of the real estate<br />

market and clear land registers will<br />

further strengthen Montenegro's attractiveness<br />

as an investment location.<br />

Law on Property Rights, Law<br />

on State Property and Law on Survey<br />

and Cadastre are in their final<br />

phase.<br />

Continuation of the tax reform<br />

process aimed at creating a favourable<br />

business environment is also noteworthy.<br />

Introduction of a singlerate<br />

income tax and setting non-taxable<br />

income threshold will make<br />

Montenegro a leading country<br />

among countries with favourble tax<br />

treatment. High competition within<br />

Europe, particularly competition<br />

imposed by new EU member states,<br />

sets our task that Montenegro should<br />

become a champion in liberalization<br />

of its market. This chance should<br />

be used because our region is becoming<br />

one of the most important<br />

markets not only in Europe, but globally<br />

as well. Efforts made at establishing<br />

free trade zone in the region<br />

clearly define this chance.<br />

Functional economic sovereignty<br />

as well as achieved economic selfsustainability<br />

of Montenegro should<br />

logically be continued within formal<br />

independence and international recognition<br />

of Montenegro, which will<br />

facilitate communication with the<br />

partners from the international<br />

community. Montenegro, being one<br />

of the European centers rather than<br />

a part of a Union, will be enabled to<br />

participate in and encourage economic<br />

integration processes on equal<br />

footing. As a result, it will be more<br />

simply to promote numerous resources<br />

which serve for economic development.<br />

Sincerely,<br />

Igor Lukšić, PhD<br />

5


PROJECT "1000 HOUSING CREDITS”<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

PROJECT<br />

„1000 HOUSING<br />

CREDITS”<br />

Project "1000 Housing Credits" was worked out by the<br />

Ministry of Finance and Commission for Housing Issues in<br />

consultation with Montenegrin banks, in order to accomodate<br />

a great number of requests on the basis of unresolved, i.e.<br />

inadequately resolved housing issues of the Montenegrin citizens,<br />

especially citizens employed in the public administration.<br />

Namely, market interest rates and personal income<br />

amount for the greatest number of citizens represent a limitation<br />

to apply for a housing credit in a bank according to bank's<br />

standard terms. In that sense, the Ministry of Finance considered<br />

it appropriate to work out a project, in consultation with<br />

other banks, in order to support as many citizens as possible<br />

to use housing credits, which will be repayable from regular<br />

income within longer repayment periods and with "low"<br />

interest rates.<br />

Longer repayment periods and "low" interest rate implied<br />

possibility of "subsidizing" interest rates. Thereby, we proceeded<br />

from parameters such as: average annual anuity, average<br />

public administration income and average income in the<br />

Republic, in general, average price of monthly rent, average<br />

price of a housing space square meter etc. It was considered<br />

necessary to create conditions to provide for average monthly<br />

anuity in line with average flat rent costs, i.e. maximum halfincome<br />

of a Montenegrin household.<br />

Communication of the Ministry of Finance with the<br />

Montenegrin banks was done through several direct meetings,<br />

which resulted in formulation of concrete offers.<br />

Contract between the Government of the Republic of<br />

Montenegro and representatives of Crnogorska komercijalna<br />

banka, Podgoricka - Societe Generale Bank and Montenegro -<br />

NLB Bank, was signed on April 4, 2006. After that, in the<br />

framework of the Project "1000 housing Credits - We create<br />

conditions for independent life", the contract was signed with<br />

HYPO Alpe - Adria a.d. Podgorica on April 14 and with<br />

Niksicka Bank on April 17.<br />

Contract between the Government of the Republic of Montenegro and<br />

representatives of Crnogorska komercijalna banka, Podgoricka -<br />

Societe Generale Bank and Montenegro - NLB Bank, was signed on<br />

April 4, 2006<br />

The contract was signed with HYPO Alpe - Adria a.d. Podgorica on<br />

April 14<br />

The contract was signed with Niksicka Bank on April 17<br />

6


PROJECT "1000 HOUSING CREDITS”<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

1000 HOUSING CREDITS<br />

- WE CREATE CONDITIONS FOR INDEPENDENT LIFE<br />

GOVERNMENT OF THE REPUBLIC OF MONTENEGRO<br />

IN COOPERATION WITH<br />

Crnogorska Komercijalna Banka, NLB Montenegrobanka<br />

PodgoriČka Banka-Societe Generale Group and HYPO Alpe Adria Bank<br />

REALIZES PROJECT<br />

"1000 HOUSING CREDITS"<br />

Who can be the housing credit beneficiary?<br />

Citizens of Montenegro, who earn regular income from their<br />

permanent employment and in accordance with the criteria<br />

envisaged by the project of the Government of the Republic of<br />

Montenegro ''1000 housing credits".<br />

Basic information on the housing credits terms<br />

- Credit repayment period:<br />

- up to 5.000 eur - repay,ment period up to 5 years;<br />

- up to 15.000 Eeur - repayment period up to 10 years;<br />

- up to 30.000 eur - repay,ment period up to 20 years.<br />

- Interest rate 4% annually.<br />

- Fee for credit utilization 0,5%.<br />

- Security depending on term of payment by means of an<br />

endorser or mortgage.<br />

INDIVIDUAL TERMS TO BE FULFILED<br />

IN ORDER TO BE GRANTED<br />

A CREDIT BY BANKS RESPECTIVELY<br />

NLB MONTENEGROBANKA<br />

- Customer has to be at least 6 months permanently<br />

employed at the time of submitting the claim;<br />

- The required monthly instalment is to be maximum<br />

40% of regular monthly income reduced by the existing liabilities,<br />

or joint family income(reduced by the living<br />

expenses);<br />

- One or more creditworthy guarantors are required for<br />

amounts up to 7.000 eur;<br />

- Mortgage on real estate, which value is 2 times higher<br />

than the credit value, is required for amounts exceeding 7.000<br />

eur;<br />

- Bank reserves the right to refuse granting the credit or to<br />

require additional security in accordance with the credit history<br />

of the customer and financial standing estimate.<br />

Required documentation:<br />

For credit applicant:<br />

- ZKS form duly filled in (all spaces, empty spaces to be<br />

crossed out ) and signed by the borrower;<br />

- Certificate of the income amount of the borrower, certified<br />

by the employer and signed by the borrower;<br />

- Two administrative bans for borrower, certified by the<br />

employer (address of the accounting department is obligatory!);<br />

- Duly signed bill of exchange in one's one hand and filled<br />

in by the endorser with complete data: name and surname,<br />

employer, address, ID card No.;<br />

- Preliminary estimate(pro-forma invoice) of the employer<br />

or Purchase-sale Contract (basis for transfer of funds),<br />

- Photocopy of the valid ID card or passport of the borrower.<br />

For endorser;<br />

- Certificate of the income amount for endorser/s, certified<br />

by the employer and signed by the endorser/s;,<br />

- Declaration of endorser duly certified in the court or by<br />

the bank employee,<br />

- Administrative ban for endorser/s, certified by the employer<br />

(address of the accounting department is obligatory!),<br />

- Photocopy of valid ID card or passport of the endorser.<br />

All forms and explanations can be found at the bank counter or<br />

taken from the website of the bank: www.montenegrobanka.com<br />

CRNOGORSKA KOMERCIJALNA BANKA AD PODGORICA<br />

In order to exercise the right to special purpose credit for purchase<br />

of a flat or house or reconstruction of a flat/house it is<br />

required that credit beneficiary receives the income through<br />

CKB and that monthly income burden is up to 1 of the monthly<br />

income.<br />

Required documentation:<br />

- Claim for credit grant approval<br />

7


PROJECT "1000 HOUSING CREDITS”<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

- Bill of exchange and bill of exchange authorization<br />

- real estate certificate on the basis of which a contract on<br />

mortgage is signed<br />

- Flat or house purchase contract with seller<br />

- Copy of Identity Card<br />

Bank's Credit Committee leaves a possibility to ask for additional<br />

security (insurance, endorser...<br />

These credits are extended without DOWN PAYMENT and<br />

DEPOSIT, and in case of pre-term credit repayment the fee for<br />

the remainder of debt is not collected.<br />

2-3 endorsers (without mortgage) can be provided as credit<br />

security for credit amounts up to 5.000 eur.<br />

PODGORIČKA BANKA - SOCIETE GENERALE GROUP<br />

General terms for submitting a credit claim:<br />

- Hold an account with PodgoriČka Bank, Societe Generale<br />

Group;<br />

- Purchase and sale Contract (preliminary contract) certified<br />

in court;<br />

- Only a member of immediate family, who meets the same<br />

conditions as Debtor (only two persons preferable), can be in<br />

capacity of Co-debtor;<br />

- Debtor and Co-debtor must receive at least 1 salary to the<br />

account (apart from other banks' employees);<br />

- Certificate from official records of the Bank on personal<br />

income funds transferred to the current account for the credit<br />

beneficiary and co-debtor in case of combined income<br />

- If the difference between the income amount stated in<br />

the certificate and the income amount according to the inspection<br />

of account proves to be higher than 15%, the claim is<br />

refused.<br />

- If the difference between the income amount stated in<br />

the certificate and real income transferred through the account<br />

proves to be up to 15%, the claim is worked out on the basis of<br />

the income transferred through the account<br />

- Debtor has to be at least 23 years old at the moment of<br />

submitting the claim, and not older than 65 years at the<br />

moment of the last credit instalment maturity (the same conditions<br />

are valid also for co-debtor in case that his/her salary is<br />

included in the total encumberance);<br />

- Debtor has to be employed permanently for at least 6<br />

months period (the same conditions are valid also for codebtor<br />

in case that his/her salary is included in the total<br />

encumberance);<br />

- Certificate of personal income for credit beneficiary in<br />

case that the customer submits a claim only on the basis of<br />

his/her income, and certificate on the spouse's income if the<br />

total income is encumbered (in that case both partners in<br />

marriage have to receive salary through the Bank account);<br />

- Declaration of the credit beneficiary about transfer of personal<br />

income funds to the current account in the PodgoriČka<br />

Bank if the customer submits a claim only on the basis of<br />

his/her income, and declaration of co-debtor if the ratio<br />

includes total income (in that case both partners in marriage<br />

have to transfer the salary through the Bank account);<br />

- Declaration of salary transfer to the account is not<br />

required for other banks' employees as they are not able to<br />

transfer their income to thePodgoriČka Bank account.<br />

Credit security:<br />

- Bill of exchange, (signed also by the Co-debtor if his/her<br />

salary is included in the total encumberance);<br />

- Administrative ban for Debtor (and Co-debtor if its salary<br />

is included in the total encumberance);<br />

- Proof of ownership of real estate to be offered as mortgage;<br />

- Real estate certificate not older than 1 working day,<br />

which proves that the real estate to be mortgaged is registered<br />

with a note that "there are not any encumberances or limitations";<br />

- Bank's estimator assessment of the value of real estate to be<br />

mortgaged. Estimate is to be based on the construction value;<br />

- Life insurance policy of debtor vinculated in favour of<br />

PodgoriČka Banka - policy value needs to be concluded in<br />

compliance with the credit amount and period of duration;<br />

- Insurance policy for the construction value of the real<br />

estate to bemortgaged against basic and supplementary risks<br />

of water drain, vinculated in favour of PodgoriČka Bank;<br />

- First MORTGAGE on real estate, which is subject matter<br />

of purchase or on other relevant real estate;<br />

- If the real estate to be credited is mortgaged, down payment<br />

of 25% is obligatory;<br />

- If some other real estate is mortgaged, ratio between that<br />

real estate value and value of the real estate to be credited<br />

must be 1.25:1 and in that case down payment is not required;<br />

- The real estate owner's approval to mortgage the property,<br />

as well as his/her spouse's approval (if he/sheis the owner<br />

of real estate in marriage) certified in the relevant court;<br />

- Surety Contract signed by the Co-debtor (if his/her salary<br />

is also included in the total encumberance).<br />

HYPO ALPE ADRIA BANKA<br />

Terms for submitting a credit claim:<br />

- Claimant holds Montenegrin citizenship<br />

- Age: from 18 - and the last annuity is due before the age of 65<br />

- Account with the Hypo Bank: regular account holder<br />

- Employment: permanent employment<br />

Credit capacity of the parties to the credit:<br />

- Monthly annuity has to be equal or less than 50% (1/2)<br />

8


PROJECT "1000 HOUSING CREDITS”<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

of the net monthly income after other deductions<br />

- If the beneficiary does not fulfil the aforementioned<br />

credit capability condition, credit capability can be supplemented<br />

Documentation needed:<br />

- Credit Claim Form filled in<br />

- Borrower Data Form filled in<br />

- Administrative ban on all parties to the credit;<br />

- Certificate/Declaration form filled in and certified<br />

- Photocopies of identity cards of credit beneficiaries and<br />

joint guarantors<br />

- Certified payment orders of earnings for the last three<br />

months of all parties to the credit<br />

- Abstract from property registers and Real Estate Register,<br />

not older than 3 days ;<br />

Security instruments:<br />

- Two creditworthy indorsers for credits up to eur 5.000<br />

- First mortgage of the least estimated value of 1:1,25, for<br />

credits to the amount higher than eur 5.000<br />

- Real estate insurance against basic risks;<br />

- Administrative ban of credit beneficiary (endorser);<br />

- Bill of exchange authorization signed by the credit beneficiaries<br />

and joint gaurantor<br />

- Bill of exchange signed by all parties to the credit;<br />

- Life insurance for credits to the amount higher than eur<br />

5.000 and repayment period longer than 10 years<br />

- Joint Guarantee Contract or Declaration of Joint<br />

Guarantee<br />

- Bank can require additional security<br />

NIKŠIĆKA BANKA AD NIKŠIĆ<br />

Interest rate and other expenses:<br />

- Fixed interest rate: 6,4% annually, out of which share of<br />

the interest rate repayment of the Government of the Republic<br />

of Montenegro is 2,4%, while the rest 4% is repaid by the credit<br />

beneficiary;<br />

- Default interest rate: One third of regular interest rate,<br />

augmented by one percentage point in relation to the normal<br />

interest rate;<br />

- Fee: 0,50% one-off payment from the amount of the<br />

extended credit, on the occasion of granting the credit;<br />

- Pre-term credit repayment: 2,00% for the remaining<br />

amount of the credit principal;<br />

Credit risk security:<br />

- Three endorsers, certified administrative bans for credit<br />

beneficiary and endorsers (i.e. permanent order of suspension<br />

of a part of income to the benefit of the Bank) and a blank bill<br />

of exchange with the credit beneficiary's acceptance, avalled by<br />

the endorser are needed for credits up to eur 5.000,00;<br />

- For credits from eur 5.001,00 to eur 30.000,00, first mortgage<br />

is taken out and the credit beneficiary submits to the<br />

Bank also 2 (two) certified administrative bans (i.e. permanent<br />

order of suspension of a part of income to the benefit of the<br />

Bank) and a blank bill of exchange with the credit beneficiary's<br />

acceptance. Apart from the housing space which is being purchased<br />

or reconstructed from the credit funds, the credit beneficiary<br />

can offer also another's real estate as mortgage to be<br />

taken out in favour of the Bank, with presentation of its<br />

owner's approval certified by court. Minimum value of the<br />

hypotecated real estate must be by 50% higher than the credit<br />

amount to be extended. Estimate of the real estate value in<br />

order to take out a mortgage is done by the Directorate for<br />

Real Estate of the Republic of Montenegro.<br />

Property insurance<br />

- on the occasion of concluding the credit, credit beneficiary is<br />

obliged to present to the Bank an insurance policy of the hypotecated<br />

real estate, which is vinculated in favour of the Bank.<br />

Required documentation:<br />

- credit claim,<br />

- certificate of the income amount,<br />

- request for issuing a permanent order for suspension to<br />

the Bank or administrative bans,<br />

- blank accepted (avalled) bill of exchange,<br />

- Copies of Identity Cards for credit beneficiary, co-debtor<br />

and endorser,<br />

- Real estate certificate for mortgaged real estate, i.e. a copy<br />

of urban plan paper (only for house, if it is mortgaged),<br />

- insurance policy of hypotecated real estate,<br />

- certificate of the housing space ownership (for adaptation<br />

and reconstruction), i.e. certificate of non-ownership of a<br />

housing space (for purchase crediting),<br />

- certificate of household,<br />

- certificate of years of service.<br />

Credit realization:<br />

- Credit up to eur 5.000,00 is disbursed by transfer to the<br />

credit beneficiary's account, which is open with the Bank.<br />

- Credit exceeding eur 5.001,00 is disbursed to the Bank giro<br />

account of the housing space sellers or contractor of adaptation<br />

or reconstruction works<br />

9


Guidebook to the tax system<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

KOVILJKA MIHAILOVIĆ, ASSISTANT TO THE MINISTER OF FINANCE<br />

Guidebook to the<br />

tax system of<br />

Montenegro<br />

Introductory Remarks<br />

Montenegro launched reforms of the tax system and overall financial system in 2001.<br />

Main objectives of the tax reform are primarily focused on: encouraging domestic production<br />

and investments; making Montenegro more attractive to foreign investors; making locally<br />

produced goods more competitive at foreign markets; harmonization of the tax system with the EU Directives and international<br />

standards; making the tax system simpler, more efficient and easier for implementation; and generating income required for<br />

budget needs support. The tax reform is based on the principles of simplicity, fairness, impartiality, efficiency, stability and applicability.<br />

Key segments of the tax reform are: introduction of the value added tax (which has been applied since 1 April 2003), which replaced<br />

previous retail tax; and use of the self-assessment principle according to which a tax liability is calculated by a taxpayer himself,<br />

while the related procedure is controlled by a tax authority. In addition, the tax administration has also been transformed, and<br />

some competences related to collection of local revenues have accordingly been delegated to the local self-government.<br />

STRUCTURE OF THE TAX SYSTEM<br />

Montenegrin Tax System includes the following taxes:<br />

1. Customs and other Duties,<br />

2. Excises,<br />

3. Value Added Tax,<br />

4. Corporate Income Tax,<br />

5. Personal Income Tax,<br />

6. Property Tax,<br />

7. Real Estate Transfer Tax,<br />

8. Insurance Premium Tax,<br />

9. Tax on Use of Passenger Motor Vehicles, Vessels and Aircraft<br />

10. Contributions for Compulsory Social Insurance (pension,<br />

disability, health and unemployment insurance),<br />

11. Sales Tax on Used Motor Vehicles, Vessels and Aircraft,<br />

12. Republic Stamp Duties (administrative fees and duties, court<br />

fees, registration fees),<br />

13. Charges for Use of Natural Resources of Common Interest<br />

(forests, waters, mineral resources, roads, coastal zone, organization<br />

of games of chance), and<br />

14. Local Revenues (taxes, charges and fees).<br />

The Table below shows a comparative review of structure of<br />

realized revenues by individual tax types and levels (Republic<br />

and Local level) for 2003 and 2004.<br />

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Guidebook to the tax system<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

MAIN CHARACTERISTICS<br />

OF RESPECTIVE TAX TYPES<br />

1. CUSTOMS AND OTHER DUTIES<br />

The customs system is regulated by the Customs Law ("Official<br />

Gazette of RM", No. 07/02, 38/02, 72/02, 21/03, 31/03 and<br />

29/05), Law on Customs Tariff ("Official Gazette of RM", No.<br />

75/05) and Law on Customs Administration, including relevant<br />

by-laws adopted on the basis of the above laws.<br />

The Customs Law regulates the customs procedure; rights and<br />

liabilities of persons participating in the customs procedure; and<br />

rights, liabilities and powers of the competent authority for clearance<br />

of goods.<br />

Law on Customs Tariff regulates nomenclature of goods and<br />

amount of tariff rates. The Law covers 10.229 of tariff items, the<br />

number of which has been increased by 1.675 or 19,58% comparing<br />

to previous solution. Average nominal tariff protection rate is<br />

6,17%.<br />

Customs duty is charged and levied as a percentage of the value<br />

of goods ("ad valorem"), ranging from 0% to 30%, or as an amount<br />

of local currency per unit of measurement (specific duty) for import<br />

of certain agricultural products. No customs duty is levied on<br />

exported goods.<br />

Law on Customs Administration regulates scope of work of<br />

the tax authority (The Customs Administration) as well as rights, liabilities<br />

and responsibilities of the customs officers.<br />

2. EXCISES<br />

Excise tax payment liability is regulated by the Excise Tax Law<br />

("Official Gazette of RM", No. 65/01 and 76/05), which was adopted<br />

at the end 2001, and has been in force since 1 April 2002, and<br />

by regulations adopted on the basis of the said Law. The Law was<br />

amended at the end of 2005, mainly with respect to manner of calculation<br />

and payment of excise tax on cigarettes.<br />

Excise tax is levied on: alcohol and alcoholic beverages, tobacco<br />

products, and mineral oils, mineral oil products and substitutes.<br />

Excise tax on alcohol and alcoholic beverages is payable at<br />

the following rates:<br />

- EUR 1,90 per alcohol volume content per hectoliter of beer<br />

- EUR 0 (zero) per hectoliter of table wine;<br />

- EUR 35 per hectoliter of sparkling wine;<br />

- EUR 40 per hectoliter of other fermented beverages<br />

- EUR 70 per hectoliter of light alcoholic beverages;<br />

- EUR 550 per hectoliter of pure alcohol<br />

Excise tax on mineral oils, mineral oil products and substitutes<br />

is paid as follows:<br />

Gasoline and other light oils:<br />

- Euro 0.120/kg for aviation gasoline (tariff code CN 2710.00 11<br />

10);<br />

- Euro 0.364/liter for motor unleaded gasoline (tariff code CN<br />

2710.00 11 20);<br />

- Euro 0.120/kg for fuel for jet gasoline motors (tariff code CN<br />

2710.00 11 30),<br />

- Euro 0.364/liter for other types of motor fuel (tariff code CN<br />

2710.00 11 90);<br />

Kerosene:<br />

- Euro 0.120/kg for petroleum (kerosene) for motors, (tariff code<br />

CN 2710.00 21 10);<br />

- Euro 0.120/kg for fuel for jet kerosene motors (tariff code CN<br />

2710.00 21 20);<br />

- Euro 0.120/kg for other types of kerosene (tariff code CN<br />

2710.00 21 90);<br />

- Euro 0.069/kg for fuel for jet kerosene motors (tariff code CN<br />

2710.00 21 20), which is used for heating;<br />

Gas oils:<br />

- Euro 0.270/liter for Diesel fuel (tariff code CN 2710.00 31 00);<br />

- Euro 0.120/liter for Diesel fuel (tariff code CN 2710.00 31 00)<br />

which is used as heating oil;<br />

- Euro 0.270/liter for ship and other fuels (tariff code CN<br />

2710.00 32 00);<br />

- Euro 0.120/liter for other oils (tariff code CN 2710.00 39 00);<br />

Heating oils:<br />

- Euro 0.023/kg for low-sulfur oil for metallurgy (tariff code CN<br />

2710. 00 41 00);<br />

- Euro 0.023/kg for other heating oils (tariff code CN 2710. 00<br />

49 00);<br />

Oil gas and other gas hydrocarbons:<br />

- Euro 0.069/kg for mixtures of propane and butane gas (tariff<br />

code CN 2711.19 00 10)<br />

- Euro 0.069/kg for other oil gas (tariff code CN 2711.19 00 90).<br />

Excise tax on cigarettes includes specific and proportional excise<br />

tax. Specific excise tax for all cigarettes amounts 1,00 eur/kg<br />

(0,02 eur/per pack). Proportional excise tax is 26% of retail cigarette<br />

price including excise tax and VAT.<br />

Retail price of cigarettes is determined by manufacturer himself<br />

or by importer and the same is published in the "Official Gazette of<br />

RM".<br />

Excise tax for other tobacco products is paid per kilogram<br />

and amounts:<br />

- Euro 10/kg for cigars and cigarettes,<br />

- Euro 20/kg for shredded tobacco (for rolling cigarettes),<br />

- Euro 15/kg for other smoking tobacco<br />

Excise Taxpayer is a manufacturer or importer of excise goods<br />

or person to which excise tax liability may be transferred in conformity<br />

with the Law (excise licensee, tax exempt user).<br />

Excise tax liability arises when the excise goods is produced<br />

on the territory of Montenegro or imported into Montenegro.<br />

Excise tax is paid on imported excise goods concurrently with<br />

payment of customs duties, except for cases when deferred excise<br />

tax payment is allowed (storage in a customs warehouse or plant of<br />

a tax exempt user).<br />

Excise tax liability on cigarettes arises on a day of taking over<br />

the control excise stamps issued by the Tax Administration.<br />

Local excise taxpayer calculates excise tax by himself. The excise<br />

tax is calculated on monthly basis, while the calculation is given in<br />

a tax return which is to be filed with the tax authority until 15th<br />

day of a month for the previous month, which is also a deadline<br />

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BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

for payment of such tax.<br />

In exceptional cases, excise tax on cigarettes is paid within 60<br />

days from the day of taking over the control excise stamps.<br />

Marking of excise goods - Prior to their releasing into use or<br />

free sale, a producer or importer shall mark tobacco products and<br />

alcoholic beverages, except for beer, with excise tax stamp.<br />

Tobacco products and alcoholic beverages to be exported for<br />

which foreign supplier failed to submit the excise tax stamps, shall<br />

be marked with a special export stamp.<br />

Tobacco products and bottled alcoholic beverages which are<br />

sold in duty free shops should be marked with a separate stamp.<br />

Marking of tobacco products and alcoholic beverages with control<br />

excise stamps is regulated in detail under the Decree on Marking<br />

Tobacco Products and Alcoholic Drinks with Control Excise Stamps<br />

("Official Gazette of RM", No. 82/05).<br />

3. VALUE ADDED TAX (VAT)<br />

Value added tax liability ("Official Gazette of RM", No. 65/01,<br />

38/02, 72/02, 21/03 and 76/05),is regulated by the Value Added<br />

Tax Law, which was adopted at the end of 2001, and has been effective<br />

from 1 April 2003, and by regulations stemming from the<br />

said Law. The Law is based on the EU Directive VI Guidelines. Taxation<br />

of products and services is done according to the place of consumption,<br />

using a principle of consignment point or destination.<br />

Export of goods is exempt from VAT payment (zero rate is applied),<br />

while import of good is taxed, having the same treatment as domestic<br />

products at local market.<br />

Tax liability is determined according to the invoice method, or<br />

method of deduction of "tax on tax". Taxpayer determines a tax liability<br />

alone, by reducing his tax liability on the account of turnover<br />

of goods and services by the amount of calculated or paid VAT<br />

on purchase of goods and services or import of goods.<br />

Subject of taxation - Value added tax is calculated and paid<br />

on: delivery of goods and services rendered by a taxpayer for a consideration<br />

in the framework of his business activities; and on import<br />

of goods.<br />

Newly constructed real estate is also subject to taxation (land is<br />

not subject to taxation).<br />

Tax rates - The Law sets forth two positive tax rates: standard<br />

tax rate of 17% and lower tax rate of 7%.<br />

Zero rate is applied on export transactions and on delivery of<br />

medicines and medical devices which are funded by the Republic<br />

Health Insurance Fund.<br />

Lower tax rate of 7% is applied on:<br />

1) Staple-foods (milk, bread, fat, oil and sugar);<br />

2) Medicines, including medicines for veterinary use, except for<br />

prescription drugs covered by the Republic Health Insurance Fund.<br />

3) Orthotic and prosthetic devices, and medical devices surgically<br />

implanted in human body, except for medical devices covered by the Republic<br />

Health Insurance Fund;<br />

4) Textbooks and teaching aids;<br />

5) Books, monographies and serial publications;<br />

6) Accommodation services in hotels, motels, aparthotels, tourist<br />

settlements, pansions, camps and villas;<br />

7) Drinking water, except for bottled water;<br />

8) Daily newspapers and periodicals, except for press, which fully<br />

or mostly includes advertising contents;<br />

9) Public transportation of passengers and their personal luggage;<br />

10) Public hygienic services;<br />

11) Funeral services and products related to such services;<br />

12) Copyrights and services in the field of education, literature and<br />

art;<br />

13) Copyrights in the field of science and artifacts, collections and<br />

antiquities;<br />

14) Services charged through tickets for cinema and theatre shows,<br />

concerts and similar cultural and sports manifestations, except for those<br />

legally exempt from VAT<br />

15) Use of sport facilities for non-profit purposes;<br />

16) Fodder, fertilizers, pesticides, reproduction seeds, seedlings and<br />

breeding stock.<br />

Tax Exemptions - Law provides for several types of exemptions:<br />

for services of public interest (public postal services, health services,<br />

social security services, pre-school education services, sport, religious<br />

and other public services); import of goods (products brought<br />

in Montenegro within transit customs procedure, services relating<br />

to import of goods etc.); temporary import of goods (products<br />

imported on temporary basis provided that they are exempt<br />

from customs duty according to the custom regulations), and special<br />

exemptions (import of goods to be inspected by the customs<br />

authority; products that enter free customs zone or free customs<br />

warehouse; and products under the customs storage procedure or<br />

under import procedure for export on the basis of delay)<br />

Tax period means a calendar month. Taxpayer is obliged to file<br />

monthly VAT return. Tax return is filed by the 15th day in a month<br />

following the month for which a tax liability is paid. VAT on import<br />

is paid concurrently with the customs duty payment. (VAT is a part<br />

of the customs liability).<br />

VAT Refunding - Taxpayer shall be refunded VAT for: local transactions<br />

within 60 days from the day of filing VAT to be calculated<br />

(until 1 January, the deadline was 90 days); major importer and<br />

taxpayer disclosing more than three times in row a surplus of input<br />

VAT shall be refunded such VAT within 30 days from the day of filing<br />

VAT to be calculated (previously, 60 days).<br />

Special taxation procedures - Special taxation procedures are<br />

provided for small entrepreneurs, farmers, travel agencies and sales<br />

agents of used products, artifacts, collections and antiquities. Small<br />

entrepreneurs, whose taxable income is less than 18.000,00 eur for<br />

* Until 1 January 2006, single tax rate of 17% was applied. Since then, lower tax rate of 7% is effective.<br />

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BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

the last 12 months, are not obliged to register for VAT payment. If<br />

they register for VAT by themselves, they shall be obliged to stay within<br />

the system for three years. Farmers (who are not VAT payers) are<br />

entitled to lump sum remuneration to the amount of 5% of their<br />

products sale price (with respect to this amount, a taxpayer who<br />

purchased agricultural products shall be granted a tax credit)<br />

4. CORPORATE INCOME TAX<br />

Corporate income tax liability is introduced by the Law on<br />

Corporate Income Tax (Official Gazette of RM, No. 65/01,<br />

80/04), which was adopted at the end of 2001 and has been in force<br />

from 1 January 2002 and by regulations passed on the basis of<br />

the said Law. The Law was amended in 2004, regarding tax rates and<br />

tax relieves.<br />

Corporate Income Taxpayer - Corporate income taxpayer is a<br />

resident or non-resident legal person performing an activity for<br />

profit earning. A limited partnership is also subject to corporate income<br />

tax. Resident legal person is a person established in the Republic<br />

of Montenegro or has its place of management and control on<br />

the territory of Montenegro. Non-resident legal person is a person<br />

that is not established in the Republic of Montenegro and has its<br />

place of management and control outside of Montenegro.<br />

Subject of taxation - Profit made by a resident in or outside of<br />

Montenegro is subject to taxation. Profit made by a non-resident<br />

in Montenegro is subject to taxation. Profit made by a permanent<br />

business unit of a non-resident is subject to taxation. Permanent<br />

business unit means permanent place of business through which<br />

a legal person fully or partially runs its business and which is organized<br />

in one of the following forms: head office, branch office, office,<br />

factory, workshop, mine, oil or gas fields, quarry or any other<br />

place where natural resources are being exploited. Construction site<br />

or assembled structure shall be deemed a business unit only if it<br />

lasts more than six months.<br />

Sources of income are profits made from: sale of goods produced<br />

in Montenegro; providing services in Montenegro; interest realized<br />

by a resident taxpayer or permanent business unit of non-resident;<br />

dividends paid by resident; use of property rights in Montenegro;<br />

exploitation of natural resources; immovable and movable<br />

property located on the territory of Montenegro; sale of immovable<br />

and movable property if the seller of which is in Montenegro;<br />

insurance and re-insurance against risk realized in Montenegro; other<br />

income from operations in Montenegro.<br />

Corporate income tax is not paid by: the Central Bank of Montenegro,<br />

public funds and public institutions which are established<br />

by Montenegro or local self-government, except for profit made by<br />

selling of goods and services on the market.<br />

Tax base and tax rate - Corporate income tax base includes<br />

taxable income of a taxpayer. Corporate income tax rate is proportional<br />

and amounts 9% of the tax base.<br />

Taxpayer is obligated to account for, withhold and pay tax after<br />

deduction for payments made on the basis of: dividends and share<br />

in the legal person's profit, royalties, interests and revenues from<br />

the lease of real estate paid to a non-resident legal person. The tax<br />

rate amounts to 15%, except for interests for which the tax rate<br />

amounts to 5%.<br />

Withholding tax is not paid on dividends and shares in profit<br />

used for increase of equity of a taxpayer.<br />

Tax exemptions - A newly established legal entity that conducts<br />

a production activity in an economically underdeveloped municipality<br />

is exempt from paying profit tax for the first three years<br />

upon the start-up of the activity.<br />

Newly established business unit conducting a production activity<br />

in an underdeveloped municipality is also exempt from paying<br />

profit tax for a period of three years, in proportion with the share<br />

of such profit in the total profit of the taxpayer.<br />

The Law provides for three types of tax relieves, as follows:<br />

On the basis of hiring new employees - Tax base shall be reduced<br />

to a taxpayer who hires new employees for a permanent employment<br />

in a business year, but not less than two years, by gross<br />

salaries of such employees plus pertaining contributions for compulsory<br />

social insurance paid by employer. This tax relief shall be<br />

applied for a period of one year from the day of hiring a new employee.<br />

On the basis of investments in securities - If profit from capital<br />

investment is used for purchase of new securities, such profit is not<br />

taxable, if it is reinvested within 12 months from its arising. Profit<br />

from sale of securities held by a taxpayer for more than two years<br />

in his portfolio is exempt from taxation.<br />

For program activities of the NGOs - Legal entities established<br />

as non-governmental<br />

organizations are exempt from profit tax up to the amount of<br />

Euro 4,000, if they use this profit in order to attain the objectives<br />

for which they have been established.<br />

The exemption is established by the decision of the competent<br />

tax authority.<br />

Avoiding double taxation - Resident taxpayer who makes<br />

profit outside of Montenegro and pays tax on such profit in another<br />

state is granted a tax credit amounting to the profit tax paid in<br />

that country. The tax credit is limited to the amount of tax that<br />

would be paid according to applicable tax rate in Montenegro<br />

Calculation and payment of profit tax - Tax period for which<br />

the profit tax is calculated covers fiscal year (calendar year, except for<br />

in case of liquidation or start-up of activities in the course of a year).<br />

* Until 2005 two tax rates were applied. Tax rate amounted to 15% for profit up to 100.000 eur; tax rate amounted to 20% for profit over 100.000 eur<br />

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BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

Profit tax is calculated following expiration of a fiscal year or<br />

another tax period, according to the tax base realized in that period.<br />

Taxpayer pays profit tax in the course of a year by paying<br />

monthly tax advances, the amount of which is determined on the<br />

basis of profit tax return for previous year.<br />

Tax advances is payable by the end of the current month for a<br />

previous month to the amount of 1/12 of a tax liability for preceding<br />

year.<br />

Tax return - Profit taxpayer is obliged to file tax return to the<br />

competent tax authority for the period for which the profit tax is<br />

calculated. The tax return is filed within three months at the latest<br />

from expiration of the period for which the tax is calculated. The<br />

tax calculated in the tax return shall be paid within the same period.<br />

of amount of Revenues exempt from Personal Income Tax (Official<br />

Gazette of RM, No. 1/06), defines several types of revenues which<br />

are exempt from personal income tax (meal allowances, per diems<br />

for business travels, jubilee awards etc.)<br />

Tax base - Personal income tax base includes a taxable income.<br />

The taxable income is a difference between income and recognized<br />

expenditures (costs) incurred by the taxpayer with respect to such<br />

income earning and maintaining.<br />

Tax rates - Annual personal income tax is computed by using<br />

the following tax scale:<br />

5. PERSONAL INCOME TAX<br />

Personal income tax liability has been introduced by the Law<br />

on Personal Income Tax ("Official Gazette of RM", No.65/01 and<br />

37/04) effective from 1 July 2002, and by regulations stemming<br />

from the said Law. The Law was amended in 2004 with respect to<br />

tax rates and tax relieves.<br />

Taxpayer - Personal income taxpayer is a resident or non-resident<br />

natural person who earned income from sources determined<br />

under the Law. When two or more natural persons jointly earn income,<br />

a taxpayer is any of these persons in proportion with the share<br />

in such income.<br />

The following persons are exempt from paying income<br />

tax:<br />

- Staff members of foreign diplomatic missions in Montenegro<br />

and members of their households, if they are not citizens of Montenegro;<br />

- Staff members of foreign consular offices and members of<br />

their households, if they are not citizens of Montenegro;<br />

- Officers and experts of the UN technical assistance programs<br />

and their specialized agencies;<br />

- Honorary consuls of foreign states, but only for the income received<br />

from the state that appointed them to that position<br />

- Officers, experts and staff of other international organizations,<br />

if they are not citizens of Montenegro or if they not reside in<br />

Montenegro;<br />

Revenues are not considered to be personal income if received<br />

on the following basis: Assistance in the event of destruction<br />

or damage to property due to natural disasters and other extraordinary<br />

events; Compensation under health insurance, except<br />

for compensation of salaries; Inheritance and gifts; Games of chance<br />

and prize competitions; Objects, life and property insurance; Organized<br />

social and humanitarian aids; Scholarships and students<br />

credits; Pension severance payments.<br />

In addition to the above revenues, the Decree on Determination<br />

Sources of Income - Personal income tax is paid on revenues<br />

earned on the basis of: personal earnings; independent activities;<br />

property and property rights; capital and capital gain.<br />

Personal income taxation - Personal income means an income<br />

that a taxpayer earned on the basis of employment and earnings<br />

defined under the employment. Taxable income from personal income<br />

includes gross earnings.<br />

Personal income tax is calculated, withheld and paid by employer<br />

or payer of such earnings, every time such earnings are disbursed,<br />

using a monthly tax scale:<br />

Taxation of independent activities - Income from independent<br />

activities includes an income earned from: commercial activities,<br />

freelance professions, professional and intellectual services<br />

and other independent activities other than main activity of a taxpayer,<br />

which are performed from time to time for profit earning.<br />

Taxable income from independent activities is a taxable profit of<br />

the taxpayer.<br />

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BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

Tax advances on income from independent activities are paid<br />

monthly to the amount of 1/12 of the tax liability under the annual<br />

tax return for preceding year.<br />

Tax advance which is paid on this account shall be deemed a tax<br />

credit with respect to tax liability under the tax return.<br />

Taxpayers who earn income from intermittent independent activities<br />

shall be recognized standard expenses to the amount of 35%<br />

of earned income (if their real expenses are not documented), while<br />

the tax rate is 20%.<br />

Lump sum taxation of income from independent activities<br />

- A taxpayer, whose total turnover in a year preceding the year<br />

for which the tax is determined (or whose expected turnover in the<br />

moment of start-up of activities) is less than Euro 18.000 can be allowed<br />

to pay the annual lump sum tax.<br />

The Rulebook on Lump Sum Taxation of Income from Independent<br />

Activities regulates in detail the lump sum taxation, and the<br />

taxpayers are classified in 4 groups depending on the type of their<br />

activity, while each group is classified into 4 subgroups depending<br />

on the amount of achieved turnover.<br />

Taxation of Property and Property Rights- Income from property<br />

and property rights includes revenues earned on the basis<br />

of: renting of movable and immovable property; time-bound cession<br />

of copyrights, industrial property rights and other rights.<br />

Tax base (taxable income) for payment of the tax on income<br />

from property and property rights includes a difference between<br />

total income earned from renting of movable and immovable property,<br />

copyrights and industrial property rights and total expenses<br />

incurred with respect to earning such income in the same tax period.<br />

Expenses incurred on the basis of property and property rights<br />

include real expenses incurred with respect to earning such income<br />

(if they are documented) or standard expenses to the amount of<br />

35% of the income earned from property and property rights, except<br />

for income from renting of rooms, apartments and houses for<br />

holiday to travelers and tourists, where standard expenses amount<br />

to 50% of the income earned.<br />

Tax advance on income from property and property rights is calculated,<br />

deducted and paid in the course of the year by a payer of<br />

related receipts (legal person or entrepreneur), or a taxpayer (in case<br />

of direct income earning) concurrently with collection of such<br />

receipts by applying the tax rate of 20% on the taxable income.<br />

Taxation of income from capital -Income from capital includes<br />

revenues on the basis of: interests; shares in profit earned by<br />

members of management board or employees in cash or in shares;<br />

use of property or services by capital owners or co-owners for their<br />

private purposes.<br />

Payer of income from capital is obliged to calculate, withhold<br />

and pay a tax on income from capital concurrently with payment<br />

of revenues at the rate of 15%, except for income from interests made<br />

by non-residents (tax rate is 5%).<br />

Taxation of income from capital gains - Capital gain includes<br />

income from sale of a real estate or share in the legal persons'<br />

property and securities (assets) if the sale is performed within 2<br />

years from the day of acquisition of such assets.<br />

Taxable income from capital gain is a difference between sale<br />

and acquisition price of the assets, adjusted by increase of retail prices<br />

from the day of acquisition to the day of sale of such assets.<br />

A resident pays the tax concurrently with filing of the annual<br />

tax return, while the taxable income from capital gain is included<br />

in the tax base to the amount of 50%.<br />

Tax on capital gains earned by a non-resident is paid at the source<br />

at the rate of 15%.<br />

Filing of Annual Tax Return - Personal income taxpayer is<br />

obliged to file annual tax return to the competent tax authority<br />

upon expiration of a fiscal year by end April of the current year for<br />

a preceding year.<br />

The taxpayer calculates personal income tax by himself in the<br />

tax return, by applying progressive tax rates on the tax base, while<br />

the total tax so calculated is reduced by the tax advances paid at<br />

sources.<br />

If, by paying the tax advances, a taxpayer overpaid the tax under<br />

the tax return, the amount of overpaid tax is refunded to him<br />

at his personal request or is included in a tax advance for the next<br />

tax period.<br />

Persons exempt from filing of annual tax return - Annual<br />

tax return is not filed by a taxpayer for income earned on the basis<br />

of: personal income stemming from employees' wages, if such income<br />

is earned with one employer in the same accounting period; income<br />

from other independent activities other than main activity of<br />

the taxpayer; income from capital; income from independent activities<br />

taxed at the flat-rate, where the tax advances paid are deemed<br />

to be finally determined tax on that account.<br />

6. CONTRIBUTIONS FOR COMPULSORY<br />

SOCIAL INSURANCE<br />

Payment of contributions for compulsory social insurance is regulated<br />

by the following laws: Law on Pension and Disability Insurance<br />

(Official Gazette of RM, No. 54/03, 39/04 and 79/04), effective<br />

from 1 January 2004, Law on Health Insurance (Official<br />

Gazette of RM, No. 39/04) effective from 10 June 2004, and Law<br />

on Social Insurance Contributions (Official Gazette of RM, No.<br />

23/93 and 45/98), the section relating to unemployment insurance<br />

contributions, while its underlying solutions have been in force<br />

since 1993.<br />

The above Laws govern all issues relating to payment of contributions<br />

for respective types of compulsory social insurance (insured,<br />

payer, base, rate, manner of payment etc.). Main principle is<br />

15


Guidebook to the tax system<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

that these contributions for compulsory social insurance are paid<br />

by the employee (the insured) and employer.<br />

Gross personal income is a base for calculation of the contributions,<br />

which implies net personal income (wage), tax and contributions<br />

paid by the employee out of such income.<br />

Contribution rates on Personal Income of Employees (wages<br />

etc.) are as follows:<br />

Contributions paid by entrepreneurs - Entrepreneurs (insured<br />

persons in the framework of independent activities) pay contributions<br />

for compulsory social insurance at the following rates: for<br />

pension and disability insurance 21.6%; for health insurance 13.5%,<br />

and for unemployment insurance 1%.<br />

Taxable income from independent activities (net income) is a<br />

base for payment of these contributions, which may not be less<br />

than average wage in the Republic for a month for which the contribution<br />

is paid.<br />

Contribution limits -The Law on Pension and Disability Insurance<br />

sets maximum annual base for payment of contributions for<br />

pension and disability insurance, which is 18.070 eur for 2006.<br />

7. REAL ESTATE TRANSFER TAX<br />

Real estate transfer tax liability (only used, not a new real estate)<br />

has been introduced by the Law on Real Estate Transfer Tax<br />

("Official Gazette of RM", No. 69/03), effective from the beginning<br />

of 2004. The real estate transfer tax rate amounts to 2% of the market<br />

value of a real estate (on a newly constructed real estate transfer,<br />

the VAT is paid at the rate of 17%).<br />

Governmental agencies, local self-government units and international<br />

organizations are exempt from the tax. Real estate transfer<br />

tax is not paid by natural persons who solve their housing problems<br />

by acquiring such real estate, however not exceeding 20m2 per a<br />

member of the household. Real estate transfer tax is not paid by natural<br />

persons.<br />

8. SALES TAX ON USED<br />

MOTOR VEHICLES,<br />

VESSELS AND AIRCRAFT<br />

Sales tax on used motor vehicles, vessels and aircraft is regulated<br />

by the Law on Used Motor Vehicles, Vessels and Aircraft<br />

Sales Tax ("Official Gazette of RM", No. 55/03), effective from October<br />

2003.<br />

The taxpayer is a purchaser or acquirer of the used motor vehicle,<br />

vessel or aircraft, provided that the VAT is not paid on sale of the<br />

same. Tax rate amounts to 5% of the market value of the above products.<br />

Tax exemptions are highly reduced and are related to inheritance<br />

and gifts in the first order of succession.<br />

9. TAX ON USE OF PASSENGER<br />

MOTOR VEHICLES,<br />

VESSELS AND AIRCRAFT<br />

Tax on use of passenger motor vehicles, vessels and aircraft liability<br />

has been introduced by the Law on Tax on Use of Passenger<br />

Motor Vehicles, Vessels and Aircraft ("Official Gazette of<br />

RM", No. 28/04 and 37/04), effective from early May 2004. The tax<br />

rate on motor vehicles ranges from 15 to 150 eur (tax liability is reduced<br />

by 5% for each year of service life of a vehicle, however not<br />

more than 70%), for motorcycles from 10 to 200 eur, for boats and<br />

yachts from 5 to 400 eur and for aircraft from 1.000 to 5.000 eur.<br />

10. INSURANCE<br />

PREMIUM TAX<br />

This tax is paid by insurance companies irrespective of whether<br />

they are performing the insurance operations personally or through<br />

their agents. The tax rate is 6% on auto liability insurance premiums,<br />

and 3% on Casco insurance of motor vehicles. The tax liability<br />

is payable by the 10th day in a month for preceding month.<br />

Insurance premium tax liability has been introduced by the Law<br />

on Insurance Premium Tax ("Official Gazette of RM", No. 27/04<br />

and 37/04), effective from early May 2004.<br />

12. REPUBLIC STAMP DUTIES<br />

(ADMINISTRATIVE FEES AND DUTIES,<br />

COURT FEES, REGISTRATION FEES)<br />

Administrative fees and duties payment liability is stipulated<br />

under the Law on Administrative Fees and Duties ("Official Gazette<br />

of RM", No. 55/03 and 81/05). Amount of the republic stamp<br />

duties is determined under the stamp duty tariff, depending on nature<br />

of action or document for which the stamp duty is payable.<br />

Court fees payment liability is stipulated under the Law on Court<br />

Fees ("Official Gazette of RM", No. 76/05). The court fee is payable<br />

for actions and documents, undertaken in the court procedure.<br />

The amount of a court fee is determined under the stamp duty<br />

tariff and depends on complexity of an action under the court proceedings.<br />

The amount of stamp duty liability depends on nature of<br />

the court proceedings.<br />

Registration fees - Registration fees payment liability is stipulated<br />

under the Law on Business Companies ("Official Gazette of<br />

RM", No. 6/02). These fees are paid at the moment of registration<br />

of business companies with the Commercial Court. The amount of<br />

the registration fee is from 1 - 50 eur depending on nature of an activity<br />

or type of a company which is to be registered.<br />

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BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

13. CONCESSION CHARGES<br />

The concession charges are paid for use of natural resources of<br />

common interest and exercising public authorizations, i.e. charges<br />

for use of: forests; mineral resources; public roads; coastal zone; environment<br />

related charges; organization of games of chance. Payment<br />

of the above charges is regulated by a special legislation (Law<br />

on Forests; Law on Waters; Law on Mining Industry; Law on Coastal<br />

Zone; Law on Games of Chance, etc).<br />

14. LOCAL TAXES<br />

The municipalities, pursuant to powers vested in them under<br />

the Law on Financing of Local Self-Government ("Official Gazette<br />

of RM", No. 42/03 and 44/03) and according to relevant tax<br />

laws, may earn revenues on the basis of:<br />

- Local revenues (property tax, surtax on personal income tax,<br />

consumption tax, firm or trade name tax, tax on undeveloped building<br />

land;<br />

- Local fees (tourist tax, administrative fees and duties and municipal<br />

tax), and<br />

- Charges (charges for development of building land, charges<br />

for use of building land).<br />

Property tax - Property taxation is performed in accordance<br />

with the Property Tax Law ("Official Gazette of RM", No. 65/01),<br />

which was adopted at the end of 2001, and has been in force from<br />

January 2003, and by the Decree on Detailed Criteria and Methodology<br />

for Determination of Market Value of a Property<br />

("Official Gazette of RM", No. 23/03, 26/04 and 31/05). The tax rate<br />

ranges from 0,08% to 0,80% of a property market value, while its<br />

amount is determined by a municipality, according to its own specific<br />

characteristics.<br />

Surtax on Personal Income Tax -The tax is levied by a local<br />

self-government by its own regulation stemming from the Law on<br />

Financing of Local Self-Government. The surtax rate may be up to<br />

13% for municipalities and up to 15% for the Capital and Old Royal<br />

Capital, of a tax base which includes personal income tax.<br />

Consumption tax - The tax is levied by a local self-government<br />

by its own regulation stemming form the Law on Financing of Local<br />

Self-Government. The consumption tax is charged on sale of alcoholic<br />

and non-alcoholic beverages in catering facilities.<br />

The tax rate ranges up to 3% for municipalities or 5% for the Capital<br />

and Old Royal Capital. The taxpayer is a legal or natural person<br />

rendering catering services. The consumption tax rate includes<br />

sales price of a beverage excluding VAT and sales tax.<br />

persons who are personal income taxpayers or corporate income<br />

taxpayers and who are registered for performing business activities.<br />

The tax is paid in annual amount which is determined by a local<br />

self-government, but not exceeding the amount of 300 eur per<br />

a firm or trade name.<br />

Tax on gambling and entertainment games - The tax is levied<br />

by a local self-government by its own regulation based on the<br />

Law on Financing of Local Self-Government and a separate legislation<br />

. The separate legislations govern basic elements (taxpayer,<br />

tax base etc.), while the amount and manner of calculation and<br />

payment of such tax is determined by a local self-government under<br />

its enactment.<br />

Tourist tax - Tourist tax liability is regulated by the Law on<br />

Tourist Tax ("Official Gazette of RM", No.11/04 and 13/04).The<br />

amount of the tourist tax ranges from 0,10 eur to 0,80 eur, depending<br />

on a type of accommodation facility, favourable conditions<br />

and available services.<br />

The taxpayer is a person who uses accommodation services in a<br />

tourist or catering facility outside his place of residence.<br />

Administrative fees and duties - Administrative fees and duties<br />

liability is regulated under the Law on Administrative Fees<br />

and Duties ("Official Gazette of RM", 55/03 and 81/05), and by<br />

municipal regulations. The taxpayer is a person at whose request a<br />

procedure is instituted or an action is undertaken, for which the local<br />

administrative fees and duties are payable according to the<br />

stamp duty tariff.<br />

The amount of administrative fees and duties may not exceed<br />

the amount of a stamp duty payable for similar documents or actions<br />

instituted before the republic administration authorities.<br />

Municipal taxes *- The taxes are regulated by the Law on Municipal<br />

Taxes and Charges ("Official Gazette of RM", No.38/92,<br />

30/93, 3/94, 27/94 and 45/98). The Law sets forth types of rights,<br />

objects and services on which municipal taxes may be levied by a<br />

local self-government. The municipal tax is paid by a user of right,<br />

object or services, the use of which is subject to municipal tax liability.<br />

Local charges - Local charges liability is regulated by the Law<br />

on Building Land ("Official Gazette of RM", No.55/00) and by<br />

Law on Roads ("Official Gazette of RM", No. 42/04). The Law requires<br />

payment of charges for development and use of urban building<br />

land.<br />

Firm or trade name tax - The taxpayers are legal or natural<br />

* Draft Law on Gambling and Entertainment Games is under the Parliamentary procedure.<br />

* New draft Law on Local Municipal Taxes is under the Parliamentary procedure.<br />

17


Budget suficit<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

Budget suficit<br />

The entire work of the Tax Administration and all of its segments,<br />

i.e. Sectors and Territorial Units is reflected in the final<br />

collection of taxes, contributions and other public revenues.<br />

We, in the Tax Administration, recognize cooperation with the<br />

taxpayers and voluntary compliance with the tax regulations, what is<br />

realized through the self-taxation principle. The self-taxation principle<br />

is accepted also in our tax legislation and represents a reflection<br />

of modern world trends in fiscal systems. It enables the taxpayer to<br />

file a tax return and calculate by itself the tax obligations for payments<br />

to be effected in compliance with the terms regulated by law.<br />

Pursuant to this pursuit, gross collection of taxes, contributions<br />

and other budgetary revenues was realized in 2005 to the amount of<br />

521.730.273eur.<br />

Taking into account that return of tax credits, several contributions<br />

paid, mistaken payments etc. are effected from the total realized<br />

collection, the net collection, following the determined returns<br />

reduction for 2005, amounts to 485.915.232eur.<br />

Therefore, aggregate gross collection was reduced by the amounts of<br />

VAT returns, i.e. by the amount of 35.815.041eur ( VAT 33.880.138 eur).<br />

In order to review the collection trend in the reporting period<br />

we did comparative analysis in relation to the collection realized<br />

in 2004<br />

Index of total collection growth in relation to the comparative<br />

period of the last year amounted to 116, what accounts for the<br />

increase in collection by 16% (tax collection was higher by 15% and<br />

contributions collection by 18%).<br />

Nominal values and tax and contributions growth show that:<br />

• Collection of taxes in the period January - December, 2005<br />

amounted to 308.907.000eur, and for the same period in 2004 it<br />

amounted to 268.436.000eur, what is by 15% higher,<br />

• Collection of contributions in the period January - December<br />

2005 amounted to 212.823.000eur, and for the same period of the<br />

last year it amounted to 179.939.000eur, what is by 18% higher.<br />

Income Tax collection was realized to the amount of<br />

90.075.000eur . In relation to the comparative period in 2004, collection<br />

of these revenues was higher by 3%. (In 2004, these revenues were<br />

collected to the amount of 87.042.000eur).<br />

Mirjana Pešalj<br />

In the structure of Income Tax collection, which was realized in<br />

the period from January to December, 2005, the Personal Income Tax<br />

collection makes 97% and amounts to 87.018.000eur. In relation to<br />

the comparative period, collection of this tax was higher by 7%. Such<br />

growth is conditioned by enhanced measures of collection, in the<br />

course of the whole year. The amount of 15.613.000eur was collected<br />

by the application of these measures. Growth of the Personal Income<br />

Tax collection was realized apart from the fact that physical persons<br />

tax rate was reduced by 10%.<br />

Collection of the Independent Activity Income Tax, in the structure<br />

of Income Tax collection, makes 2% and amounts to 1.892.000 eur.<br />

Independent Activity Income taxpayers are in most cases "small taxpayers;,<br />

who are provided with a special treatment in the course of arrears<br />

payment, by the Decree on collection of due and unpaid taxes<br />

and contributions and other public revenues.Tax arrears of taxi drivers,<br />

autotransporters and market-place sellers was"frozen,,.Therefore,<br />

only very small amounts of debt remained to be collected, collection<br />

of which could not contribute to the higher amount of collected income<br />

tax.<br />

Profit tax was collected to the amount of 23.485.000 eur, what was<br />

by 24% higher in relation to the comparative period in 2004 ( index<br />

124 ).This was the result of Profit Tax collection in accordance with tax<br />

returns (64%) and measures taken for the purpose of collection (36%).<br />

The collected amount of VAT (domestic market) in the period January<br />

- December 2005 was 94.729.000 eur, what is by 37% higher in<br />

relation to the comparative period (index 137). These revenues were<br />

generated to the amount of 31.626.000eur by measures taken for the<br />

purpose of collection ( 33% out of the total amount of collected VAT).<br />

Revenues from excises, in relation to the comparative period were<br />

higher by 2%. Revenues on the basis of excises on mineral oils, mineral<br />

oil products and substitutes, in the reporting period, were generated<br />

to the amount of 59.769.000eur, what makes 83,2 % revenues collected<br />

on excise taxes. In relation to the comparative period in 2004,<br />

these revenues were higher by 1,7 % .Revenues on the basis of excise<br />

on alcohol and alcoholic beverage in production were generated to<br />

the amount of 6.079.000eur, what was 8,5% out of the total collected<br />

revenues from excise tax. In relation to the comparative period in<br />

18


Budget suficit<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

2004, these revenues are higher by 40,6%. Revenues on the basis of excise<br />

on tobacco products in production were generated to the amount<br />

of 5.966.00eur, what was 8,3% out of the total revenues collected<br />

from excise tax. In relation to the same period in 2004, these revenues<br />

were lower by 21,7%. Excise on goods imported is the category, which<br />

is not under the competence of the Tax Administration.<br />

Fees for usage of natural resources of general interest were collected<br />

to the amount of 14.857.000 eur, what was by 123% higher in relation<br />

to the comparative period (index 223). These revenues were collected<br />

to the amount of 3.513.000 eur. by the measures taken for the<br />

purpose of collection.<br />

Category of the tax on goods and services turnover was cancelled<br />

by the application of the Value Added Tax. Collection realized in relation<br />

to the tax on turnover of used motor vehicles, vessels, airplanes<br />

and aircrafts was to the amount of 3.055.000 eur, collection of tax on<br />

insurance premiums was to the amount of 1.051.000 eur and it could<br />

not be compared to this type of collection in the previous year because<br />

on May 6, 2004 started application of the Law on Premium Insurance<br />

Tax, which stipulated the obligation to calculate and pay for<br />

this tax.<br />

Collected amount of the Real EstateTax was 5.148.000 eur.<br />

Tax on Real Estate Transfer is such type of tax which can not be<br />

influenced by the collection measures, apart from delinquent debt,<br />

because the taxpayer itself decides upon its property and its transfer.<br />

Therefore, comparison of collection of this tax in the reporting period<br />

to collection from the comparative period is not real.<br />

In relation to the comparative period, collection of pension and<br />

invalidity insurance was higher by 20 %, contributions for healthcare<br />

insurance by 15 % and contributions for unemployment insurance<br />

by 27 %.<br />

Collection of taxes on the level of Tax Administration and territorial<br />

units, in relation to the comparative period are presented in tables<br />

and graphics.<br />

in 000 eur<br />

TAXES PU PG NK BR<br />

Realized 2004. 268.436 138.669 30.546 8.881<br />

Realized 2005. 308.907 140.316 43.387 10.863<br />

Index 115 101 142 122<br />

TAXES BD HN BP BA PV<br />

Realized 2004. 11.396 70.051 2.768 2.748 3.377<br />

Realized 2005. 18.898 76.919 4.482 4.348 8.168<br />

Index 166 110 162 158 242<br />

Collection of contributions on the level of the Tax Administration<br />

and in the territorial units, in comparison to 2004, presented in<br />

tables and graphics. in 000 eur<br />

CONTRIBUTIONS PU PG NK BR<br />

Realized 2004. 268.436 138.669 30.546 8.881<br />

Realized 2005. 308.907 140.316 43.387 10.863<br />

Index 115 101 142 122<br />

CONTRIBUTIONS BD HN BP BA PV<br />

Realized 2004. 11.396 70.051 2.768 2.748 3.377<br />

Realized 2005. 18.898 76.919 4.482 4.348 8.168<br />

Index 166 110 162 158 242<br />

CONTRIBUTIONS COLLECTED IN THE TERRITORIAL UNITS<br />

IN 2005<br />

in 000eur<br />

TAXES COLLECTED IN THE TERRITORIAL UNITS IN 2005<br />

in 000eur<br />

Explanation: ( TA - Tax Administration, PG - Podgorica, NK -<br />

Nikšić, BR - Bar, BD - Budva, HN - Herceg Novi, BP - Bijelo Polje, BA -<br />

Berane, PV - Pljevlja ).<br />

Explanation: ( TA - Tax Administration, PG - Podgorica, NK -<br />

Nikšić, BR - Bar, BD - Budva, HN - Herceg Novi, BP - Bijelo Polje, BA -<br />

Berane, PV - Pljevlja )<br />

Tax Administration undertook activities to collect the tax arrears<br />

during 2005. The tax arrears were collected to the amount of<br />

107.032.000eur, i.e. taxes to the amount of 66.630.000eur, and<br />

19


Budget suficit<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

contributions to the amount of 40.402.000eur .<br />

In addition, in the period from January to December 2005 the<br />

Tax Administration reported to the Commercial Court claims for public<br />

revenues against 49 economic entities, which were in the bankruptcy<br />

procedure, to the amount of 3.589.361eur.<br />

TREND OF REALIZATION OF COLLECTION IN 2006<br />

In the course of January and February 2006, thanks to the efficiency<br />

of the Tax Administration officers, the collection growth<br />

trend continued. Therefore, Personal Income Tax collection was<br />

realized to the amount of 14.260.000 eur. In comaprison to January<br />

and February 2005, collection of these revenues was higher<br />

by 67.09% (when it was collected to the amount of<br />

8.534.000eur).<br />

Collection of Independent Activity Income Tax for I and<br />

II/2006 was realized to the amount of 220.000 eur. In comparison<br />

to the same period in 2005, collection of these revenes was higher<br />

by 7,84%. (for I and II 2005 it was collected to the amount of<br />

204.000eur) .<br />

Collection of Property Income Tax was realized to the amount of<br />

184.000 eur. In comparison to the same period in 2005, collection of<br />

these revenues was higher by 85,85% (for I and II 2005 it was collected<br />

to the amount of 99.000eur).<br />

Collection of Profit Tax was realized to the amount of 2.197.000<br />

eur. In comaprison to the same period in 2005, collection of these revenues<br />

was higher by 23,84%. In the comparative period,<br />

1.774.000eur of these revenues was collected.<br />

Collection of Value Added Tax was realized to the amount of<br />

20.819.000 eur. In comparison to the same period in 2005, collection<br />

of these revenues was higher by 26,28%. (for I and II 2005 it was collected<br />

to the amount of 16.486.000eur) .<br />

Collection of Turnover Tax was realized to the amount of 711.000<br />

eur. In comparison to the comparative period in 2005, collection of<br />

these revenues was higher by 53,89%. In the comparative period these<br />

revenues were collected to the amount of 462.000eur .<br />

Collection of Excise Tax, was realized to the amount of<br />

9.280.000eur. In comparison to the comparative period in 2005,<br />

collection of these revenues was higher by 5,89% (for I and II<br />

2005 these revenues were collected to the amount of<br />

8.763.000eur).<br />

Collection of Real Estate Transfer Tax was realized to the amount<br />

of 905.000eur. In comparison to the comparative period in<br />

2005, collection of these revenues was higher by 86,21%. In the<br />

comparative period these revenues were collected to the amount of<br />

486.000eur.<br />

Collection of revenues on the basis of concessions was realized to<br />

the amount of 1.208.000 eur. In comparison to the same period in<br />

2005, collection of these revenues was higher by 23% (for I and II<br />

2005 it was collected to the amount of 976.000eur ).<br />

Therefore, gross tax collection for the first two months in 2006<br />

was realized to the amount of 49.784.000 eur. In comparison to the<br />

same period in 2005, the realized collection was higher by 31%, when<br />

it was collected to the amount of 37.784.000eur.<br />

Collection of revenues on the basis of contributions for the first<br />

two months in 2006 was realized to the amount of 28.295.000 eur.<br />

In comparison to the same period in 2005, collection of these revenues<br />

was higher by 38%. (for I and II 2005 it was collected to the<br />

amount of 20.372.000eur).<br />

GROSS COLLECTION - REALIZATION JAN-FEB 2005 AND<br />

REALIZATION JAN-FEB 2006<br />

in 000eur<br />

PLP PPSD PPI PD PDV<br />

OstvarenoI-II 05. 8.534 204 99 1.774 16.486<br />

OstvarenoI-II 06. 14.260 220 184 2.197 20.819<br />

Index 167,09 107,84 185,85 123,84 126,28<br />

PP A K PN D<br />

OstvarenoI-II 05. 462 8.763 976 486 20.372<br />

OstvarenoI-II 06. 711 9.280 1.208 905 28.295<br />

Index 153,89 105,89 123,77 186,21 138,89<br />

Explanation: (PIT - Personal Income Tax, IAIT - Independent Activity<br />

Income Tax, TPI - Tax on Property Income, PT - Profit Tax, VAT -<br />

Value Added Tax, TT - Turnover Tax, E - Excise, RET - porez na nepokretnost,<br />

C - Contributions).<br />

In the Tax Administration - Sector for implementation of collection<br />

operates Centralized Collection Center, which activities are directed<br />

towards a faster and more efficient due diligence on delinquent<br />

taxpayers and accounts as well as notifying the taxpayers about<br />

the tax due on the basis of: Profit Tax, Value Added Tax and Fees on<br />

the basis of usage of natural resources (concessions) as well as notifying<br />

the taxpayers, who did not comply with the payment dynamics<br />

envisaged by the Agreement on Tax Obligations Restructuring. Apart<br />

from that, the taxpayers are kept informed if they fail to file tax returns<br />

in due time.<br />

Delinquent taxpayers are registered on the basis of report from<br />

the Tax Administration information system. Registration includes<br />

individual "processing" of all taxpayers from the list. Procedure of<br />

''Processing'' implies that before contact with the taxpayers, officers<br />

provide for all necessary data (analysis of analytical cards according<br />

to all types of taxes and contributions) on the taxpayers debt status.<br />

In the everyday work activities, the Tax Administration makes<br />

efforts to recognize the fiscal system, in which the taxpayers will<br />

comply with the tax laws and file their tax returns in due time. However,<br />

there is still certain number of taxpayers, who do not file<br />

their tax returns, in this tax system development phase. Therefore,<br />

they do not settle their debts in the prescribed terms. The tax authority<br />

is then obliged to take action in order to provide for delinquent<br />

tax returns.<br />

Providing for delinquent tax returns is done by notifying the taxpayer<br />

that he failed to file a tax return (through phone, written notification<br />

and in certain cases by means of personal delivery).<br />

During 2005 on average, 8.882 VAT returns were filed monthly<br />

(106.587/12 =8.882), i.e. 79% of the average number of taxpayers registered<br />

for VAT ( 135.364/12=11.280).<br />

20


Budget suficit<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

During 2005 on average, 100 excise returns were filed monthly<br />

(1.204/12 = 100), i.e.79% of the average number of registered excise<br />

taxpayers (1.528/ 12=127).<br />

Problem faced by the Tax Administration with continuity in the<br />

procedure of providing for delinquent returns, represented in the<br />

graphic for the territorial unit Budva, is that certain number of taxpayers<br />

deems they are not obliged to file tax returns in the periods<br />

when they do not do business. In that way they neglect the legal obligation<br />

to file tax return with zero tax amount.<br />

Growth trend of the VAT and Excise tax returns filed is presented<br />

through comparative data of the last month in the reporting period<br />

for 2005 -November '05 and the first month in the reporting period<br />

for 2006 - December '05.<br />

Monthly returns are to be filed until 15th in the month for the<br />

previous month. For that reason annual report on returns begins<br />

with December of the previous year and ends with November of the<br />

current year.<br />

Type Last month in the First month in the index<br />

of filed reporting period for reporting period<br />

tax return 2005 2006<br />

-November 2005 - December 2005.<br />

VAT 11.808 11.976 101,42<br />

EXCISES 137 141 102,92<br />

On the basis of the given data we can state that one of the priority<br />

tasks of the Tax Administration is to take action in order to provide<br />

for delinquent tax returns.<br />

Tax Administration territorial units implement with continuity<br />

measures in order to provide for monthly delinquent tax returns<br />

(VAT and Excises). Their effect can not be seen straight away, in particular<br />

due to the relatively short term, i.e. monthly term to take these<br />

measures. Hovewer, the growth tendency in the number of taxpayers,<br />

who comply with tax regulations, i.e. "volunatarily" file tax returns,<br />

is encouraging and represents a stimulus for work in the territorial<br />

units of the Tax Administration.<br />

Primary task of the Tax Administration is to take measures to<br />

provide for delinquent tax returns, having in mind that the taxpayer,<br />

who fails to file tax return, is a potential delinquent taxpayer, i.e "defaulter".<br />

Successful coordination of the sectors of Head Office and territorial<br />

units brings about realization of the everyday basic working task<br />

and strategic goal of the Tax Administration:<br />

• o efficient and effective implementation of public revenues<br />

collection<br />

Director, Tax Administration<br />

MIRJANA PEŠALJ<br />

21


Tax administration<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

Tax administration<br />

Introduction<br />

The Tax Administration was established by the Decree of the Government of the Republic of Montenegro of August 2003, instead<br />

of the previous Public Revenues Directorate, as an authority whose primary function is collection of public revenues and ensuring<br />

regular inflow of the Republic Budgetary funds.<br />

Taking into account importance of the activities that are under its immediate competence, the Tax Administration has inter alia<br />

paid special attention to improvement of its organization and professional and personnel consolidation over the last year and a<br />

half. To this end, observing the legally binding requirement concerning downsizing of the public administration employees, the<br />

Government of the Republic of Montenegro adopted in December 2004 a new enactment on systematization and reorganization<br />

of work posts.<br />

The Tax Administration currently has 626 full-time permanent employees, about 30 employees in temporary employment or<br />

with whom temporary working contracts are concluded and 31 trainees with university degree.<br />

DIRECTOR<br />

SECTOR FOR PAYMENT<br />

ENFORCEMENT<br />

INTERNAL CONTROL<br />

DEPARTMENT<br />

BAR<br />

BUDVA<br />

ULCINJ<br />

TIVAT<br />

TAX PAYERS SERVICE AND<br />

REGISTRATION SECTOR<br />

CONTROL AND<br />

COLLECTION<br />

EFFECTS MONITORING<br />

DEPRATMENT<br />

HERCEG NOVI<br />

NIKŠIĆ<br />

KOTOR<br />

ŠAVNIK<br />

PLUŽINE<br />

SECTOR FOR TAX<br />

REGULATIONS<br />

MONITORING AND INSPEC-<br />

TION CONTROL<br />

PERSONNEL, TECHNICAL<br />

AND ADMINISTRATIVE<br />

SERVICE<br />

PODGORICA<br />

DANILOVGRAD<br />

CETINJE<br />

SECTOR FOR TAX RETURN<br />

RECEPTION AND PROCES-<br />

SING,<br />

INCOME ACCOUNTING<br />

AND IS<br />

ECONOMIC AND<br />

FINANCIAL<br />

AFFAIRS SERVICE<br />

BIJELO POLJE<br />

MOJKOVAC<br />

KOLAŠIN<br />

ANDRIJEVICA<br />

BERANE<br />

PLAV<br />

ROŽAJE<br />

PLJEVLJA<br />

ŽABLJAK<br />

22


Tax administration<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

The above employees work in the Head Office and eight<br />

Branch Offices: Podgorica, with Branches in Cetinje and Danilovgrad,<br />

Nikšić, with Branches in Plužine and Šavnik, Budva,<br />

with Branch in Tivat, Herceg Novi, with Branch in Kotor, Bar,<br />

with Branch in Ulcinj, Bijelo Polje, with Branches in Mojkovac<br />

and Kolašin, Berane with Branches in Andrijevica, Plav and Rožaje<br />

and Pljevlja, with Branch in Žabljak.<br />

Functional organization of the Tax Administration Head Office<br />

is composed of: four Sectors- Sector for Registration and<br />

Taxpayers Services, Sector for Tax Return Reception and Processing,<br />

Income Accounting and Information System, Sector for Tax<br />

Regulations Implementation Monitoring, Inspection Supervision<br />

and Administrative Procedure and Sector for Payment Enforcement;<br />

two Departments- Department for Control and Collection<br />

Effects Monitoring and Human Resources Development<br />

and Department for Internal Control; and two Services: Personnel,<br />

Legal, Technical and Administrative Service and Economic<br />

and Financial Affairs Service.<br />

The Tax Administration is headed by the Director, while the<br />

Management Team, composed of Assistant Directors, who are<br />

also Chiefs of Sectors, Departments and Services or Branch Office<br />

Executives, helps the Director in the process of management<br />

and discharging of the duties.<br />

Competence, efficiency, professionalism and transparency<br />

are the main principles which have been consistently followed<br />

by this Administration, both in performing regular activities and<br />

tasks and in relation with taxpayers, citizens and the public in<br />

general.<br />

Efficient collection has been a strategic aim of the Tax Administration,<br />

which also implies efficient control of the taxpayers.<br />

Offering fast and high-quality services to the taxpayers and citizens<br />

and prompt recording of identified liabilities arising from<br />

the public revenues are prerequisites for successful realization of<br />

the said activities.<br />

Results achieved by the Tax Administration last year and early<br />

this year in all areas of its operations and competences, which<br />

were reflected in exceptional collection of source budgetary revenues<br />

and budgetary surplus, speak in favour of successful<br />

functioning and coordination of the above organizational segments.<br />

Important fact is that the automatic data processing has<br />

been in place in the Administration, while the Information System<br />

covering all municipalities in the territory of Montenegro<br />

has a direct connection with the Central Bank of Montenegro<br />

through «mip-net» network. The Tax Administration thus provides<br />

accurate and precise data and information both for its own<br />

purposes and for the Ministry of Finance and other governmental<br />

agencies and institutions. Since last year, the Tax Administration<br />

Information System has been actively applying “Revenue<br />

Gordana Stajčić<br />

Model” and ”Manual Order” Project, while another important<br />

and complex model- “Consolidated Collection” is expected to be<br />

implemented in the course of this year.<br />

Special attention within the Tax Administration has been<br />

paid to education of both its employees and the taxpayers. In<br />

addition to training courses organized jointly with foreign consulting<br />

firms, the Tax Administration also organizes training<br />

courses by itself, through highly successful lectures, seminars<br />

and presentations.<br />

Since September 2003, the Tax Administration has been a<br />

member of the Intra-European Organization of Tax Administrations<br />

(IOTA), in the framework of which its representatives have<br />

active participation through area-groups. One of the most frequent<br />

topics discussed in the workshops, which is of paramount<br />

importance for our tax system is “VAT Frauds and Money Laundering”.<br />

In the course of last year, the Tax Administration concluded<br />

agreements on co-operation with the Union of Employers and<br />

Montenegro Business Alliance in order to establish as good<br />

communication with the taxpayers as possible and to improve<br />

the tax discipline and compliance with legal regulations in the<br />

area of tax policy through joint activities and conformity with<br />

legal regulations.<br />

In order to provide education and training of young staff,<br />

the Tax Administration also signed Agreements on Co-operation<br />

with the Faculties of Economics and Law of the University of<br />

Montenegro.<br />

Chief of the cabinet<br />

GORDANA STAJČIĆ<br />

23


Public debt<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

Report on public debt<br />

of Montenegro<br />

as of 31 December 2005<br />

1. AMOUNT AND STRUCTURE<br />

OF PUBLIC DEBT OF<br />

MONTENEGRO<br />

Public debt of Montenegro amounted to<br />

EUR 700,4 million as of 31 December 2005.<br />

Domestic debt amounted to EUR187,1 million<br />

or 26,7% of total debt, while foreign debt<br />

amounted to EUR 513,3 million or 73,3% respectively.<br />

It is primarily due to ongoing negotiations<br />

and allocation of debt , ongoing<br />

negotiations on succession of the former<br />

SFRY and impossibility to quantify explicit liabilities<br />

assumed under the Law on Restitution<br />

of Expropriated Property Rights and<br />

Compensation that this amount has not<br />

been fully clear-cut. According to current estimations,<br />

no great divergences are likely to<br />

arise following conclusion of negotiations on<br />

allocation of the financial assets and liabilities<br />

with the Republic of Serbia.<br />

Table 1. Amount and structure of public<br />

debt of Montenegro in the period from<br />

2002-2005.<br />

Source: Ministry of Finance<br />

In 2002, public debt amounted over<br />

EUR 1 billion. It is amount which was determined<br />

prior to debt rescheduling with the<br />

International Bank for Reconstruction and<br />

Development and Paris Club creditors and<br />

prior to final agreement with Serbia concerning<br />

liabilities to the London Club creditors.<br />

The largest portion of the public debt<br />

of Montenegro is related to inherited longterm<br />

liabilities of the old system (ex SFRY<br />

and FRY). This portion particularly relates<br />

to foreign debts assumed by the Law on<br />

Regulation of Liabilities and Claims arising<br />

out of Foreign Debt and Foreign Savings of<br />

Citizens, which, at the end of 2005, amounted<br />

to EUR 435,5 million or 62,5% of<br />

the public debt, i.e. mostly loans extended<br />

by the International Bank for Reconstruction<br />

and Development and Paris Club creditors.<br />

Namely, except for credit arrangements<br />

with the international financial organizations<br />

(IMF, IBRD etc.) and intergovernmental<br />

credit arrangements of the<br />

SFRY, major portion of foreign debt contracted<br />

by banks and enterprises, was their<br />

commercial debt which was not guaranteed<br />

by the SFRY and National Bank of Yugoslavia<br />

(NBY). Starting from 1983 when<br />

SFRY, due to lack of foreign currency,<br />

accepted the process of multilateral rescheduling<br />

and refinancing of its foreign debt<br />

liabilities, the total foreign debt (including<br />

new foreign loans which were then being<br />

contracted) has been guaranteed by the<br />

SFRY and NBY, becoming thus a potential<br />

public debt. This debt includes allocated<br />

debt payable by beneficiaries of foreign<br />

loans from the Republic of Montenegro<br />

and a portion (5,88%) of non-allocated<br />

debt contracted or guaranteed by ex SFRY,<br />

or assumed by FRY (36,52% of non-allocated<br />

debt of the SFRY).<br />

In addition to old foreign debts, the<br />

"inherited" public debt also covers liabilities<br />

arising out of old foreign currency savings,<br />

which were assumed under the said<br />

Law. The liabilities arising out of old foreign<br />

currency savings amounted to: EUR<br />

127 million at the end of 2003; EUR 123<br />

million at the end of 2004 and EUR 117<br />

million at the end of 2005, which accounts<br />

for 16,8% of the public debt. Therefore, at<br />

the end of 2005, inherited long-term liabilities<br />

from the old system account for<br />

79,3% of the total public debt of Montenegro.<br />

Remaining portion of 20,7% includes:<br />

new debts contracted in the period<br />

from 2000-2005; liabilities arising out of<br />

short-term loans; credits; T-bills; debt contracted<br />

by local self-governments and outstanding<br />

budgetary liabilities.<br />

2. EXTERNAL PUBLIC DEBT<br />

External public debt amounted to EUR<br />

513,3 million., out of which "old" debt accounted<br />

for EUR 435,5 million or 84,9%,<br />

and new one amounts to EUR 77,9 million<br />

or 15,1%. The debt was reduced by about<br />

50% at the end of 2002, when negotiations<br />

were concluded with major creditors- the<br />

International Bank for Reconstruction and<br />

Development, Paris Club creditors and Re-<br />

1 - Prema Mastrihtskom kriterijumu u iznos javnog duga ne ulaze dugovi javnih preduzeća, uključujući one za koje je garancije dala država, osim ako nije izvjesno da će ti dugovi<br />

biti plaćeni iz budžeta države ili se već plaćaju, kao što je slučaj sa kreditom EIB za Luku Bar u iznosu od 6 miliona eura. U Annex-u 1 je dat pregled svih državno garantovanih<br />

zajmova javnim preduzećima.<br />

2 - Komisija za podjelu zajedničke imovine, formirana shodno članu 20 Zakona o sprovođenju Ustavne povelje DZ SCG, koja vrši i podjelu pasive NBJ još nije završila konačnu<br />

podjelu inostranog duga (nealociranog i dijela alociranog inostranog duga) između Srbije i Crne Gore.<br />

24


Public debt<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

public of Serbia concerning releasing of<br />

Montenegro from obligations to the London<br />

Club creditors on the basis of debt<br />

buy-back by Montenegro in early 1990-<br />

ties. Public debt share in the GDP, which<br />

indicates a level of external indebtedness,<br />

reached 68,7% prior to debt rescheduling,<br />

decreasing to 31,3% at the end of 2005.<br />

Table 2: Montenegrin Foreign Debt<br />

Trends in the period from 2000-2005<br />

Source: Ministry of Finance of Montenegro<br />

Table 3 shows a structure of foreign<br />

debt to creditors<br />

Table 3. Structure of foreign debt of<br />

Montenegro as of 31.December 2005<br />

As indicated in the Table above, the largest<br />

portion of the external public debt of<br />

Montenegro at the end of 2005 is old refinanced<br />

debt to the World Bank - 52,2%, or<br />

EUR 267,9 million. The old debt to the<br />

World Bank was refinanced in 2001 in the<br />

framework of regulation of relations with<br />

this institution. It was agreed that the debt<br />

should be refinanced through six consolidation<br />

loans. Repayment period of the loans is<br />

30 years, with 3 years of grace period, "favourable"<br />

interest rate - LIBOR and fixed<br />

spread. FRY is the Borrower, while the<br />

member states are beneficiaries of the loans,<br />

which issued the FRY counter-guarantees.<br />

Debt to the Paris Club amounted to<br />

EUR 151,6 million as of 31 December 2005,<br />

which is an amount reduced by a write-off<br />

of 51% in the first phase. Upon expiration<br />

of a three year arrangement with the IMF<br />

and obtaining positive mark for macroeconomic<br />

trends in Montenegro, it was expected<br />

that in March 2005 the debt to the Paris<br />

Club would be reduced by remaining<br />

15% or about EUR 26 million (according to<br />

negotiated debt write-off by 66%). However,<br />

due to default in obligations by the Republic<br />

of Serbia, such reduction did not take<br />

place within projected deadline. Such reduction<br />

is expected to take place in early<br />

2006, following successful completion of<br />

the arrangement. Old or refinanced debts<br />

also include liabilities to the Council of Europe<br />

Bank and International Finance Corporation<br />

(IFC) as well as outstanding debts<br />

to the Polish Bank Handlowy and Anglo Yugoslav<br />

Bank.<br />

Minor portion of external long-term liabilities<br />

is related to borrowings following<br />

2001, when Montenegro, as a part of the<br />

FRY or State Union of Serbia and Montenegro,<br />

regulated its membership and relations<br />

with the international financial institutions<br />

and concluded new arrangements. Newly<br />

contracted and simultaneously drawn foreign<br />

loans amount to EUR 77,9 million concluding<br />

with 31 December 2005. These<br />

loans include borrowings with: the World<br />

Bank under the IDA terms i.e. interest-free<br />

25


Public debt<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

loans; European Investment Bank; European<br />

Bank for Reconstruction and Development;<br />

European Community and German<br />

Bank for Reconstruction (KfW).<br />

2. INTERNAL PUBLIC DEBT<br />

Internal public debt of Montenegro<br />

includes: liabilities arising out of old foreign<br />

currency savings; liabilities arising<br />

out of borrowings from local financial and<br />

other institutions; liabilities resulting from<br />

issued short-term T-bills; debt contracted<br />

by local self-governments and outstanding<br />

budgetary payments.<br />

Table 4. Structure and amount of<br />

internal public debt<br />

3. INDICATORS OF<br />

INDEBTEDNESS OF<br />

MONTENEGRO -<br />

CONCLUDING REMARKS<br />

Table below shows standard indicators<br />

of indebtedness, calculated on the basis of<br />

the above and currently available data.<br />

Table 6. Indicators of indebtedness of<br />

Montenegro for 2004<br />

Gross Public Debt, in mil. EUR 700,4<br />

External Public Debt, in mil. EUR 513,3<br />

Gross Public Debt/GDP 42,7%<br />

External Public Debt/GDP 31,3%<br />

Source: Ministry of Finance<br />

M.Econ. Nikola Vukićević<br />

Source: Ministry of Finance<br />

It is evident that borrowing on the<br />

basis of T-bills is reduced, while debt<br />

from bank credits is fully removed.<br />

Accordingly, borrowing on the basis of<br />

T-bills amounted to EUR 8,0 million or<br />

by EUR 29,4 million less comparing to<br />

end 2004, while debt from bank credits<br />

amounting EUR 8,9 million at the end of<br />

2004 was fully repaid. About EUR 6 million<br />

of old foreign currency savings<br />

bonds was repaid, which is less than as<br />

planned under the annual Budget Law -<br />

EUR 8,7 million. Liabilities arising out of<br />

outstanding budgetary payments were<br />

reduced by EUR 20 million, while total<br />

local self-governments' debt was reduced<br />

by about EUR 2 million. Domestic debt<br />

was less by EUR 67 million totally comparing<br />

to debt amount as of 31<br />

December 2004.<br />

3 - Prema projekciji Deutsche Bank Research<br />

According to originally used methodology<br />

of the World Bank (Debt Reporting<br />

System), a share of external debt in Gross<br />

Domestic Product which is less than 30%<br />

indicates less indebted country; from 30%<br />

to 50% indicates moderately indebted<br />

country (Montenegro having 31,3%, is at<br />

the lower margin of moderately indebted<br />

countries); and share over 50% indicates a<br />

severely indebted country. For comparison<br />

purposes, at the end of 2004, in some countries<br />

in transition, such indicator was as follows:<br />

Bulgaria 57,6%; Czech Republic 37,4%;<br />

Croatia 79,9%; Lithuania 43,2%; Hungary<br />

59,0%; Romania 39,8%; Slovenia 50,1%.<br />

Taking into account further reduction of<br />

debt to the Paris Club, constraints on further<br />

borrowing and stabile GDP growth, it is<br />

likely that Montenegro will be included<br />

among less indebted countries in future.<br />

With respect to GDP for 2005, gross<br />

public debt of Montenegro accounted for<br />

42,7% at the end of 2005. It is significantly<br />

less than identified fiscal criterion and<br />

maximum public debt allowed by the EU,<br />

whereby Montenegro meets one of the<br />

two Maastricht criteria.<br />

According to the following two indicators,<br />

given in the Table above (external<br />

public debt/ export and repayment of foreign<br />

debt/ export), Montenegro is classified<br />

as a less indebted country. Namely,<br />

share of external public debt in total<br />

export in Montenegro accounts for 80,7%,<br />

which is significantly less than marginal<br />

value (165%), separating less indebted<br />

countries from moderately indebted countries.<br />

Level of indebtedness or proportion<br />

of foreign debt repayment and total export<br />

in Montenegro is 3,7%, which is also significantly<br />

less than a limit for moderately<br />

indebted countries which is set as 10%.<br />

Coordinator, Debt Management<br />

Department<br />

NIKOLA VUKIĆEVIĆ, M.Econ.<br />

26


World Bank and<br />

Relations with the WB<br />

The World Banks (WB) was founded in<br />

1944 as an International Bank for Reconstruction<br />

and Development (IBRD).<br />

Its original mission was to finance the reconstruction<br />

of nations devastated by the World<br />

War II and at that moment it had 38 members.<br />

The number has been increased to current<br />

184 members. The World Bank is present<br />

in 100 countries, having 10.600 employees<br />

world wide.<br />

World Bank Group consists of five closely<br />

associated institutions:<br />

1. The International Bank for Reconstruction<br />

and Development (IBRD) offers loans to<br />

mid-income countries. The funds for this lending<br />

come primarily from the issuing of its<br />

bonds on the global capital markets.<br />

2. International Development Association<br />

(IDA) offers assistance to the poorest<br />

countries with a per capita income of less<br />

than US$ 885, by providing interest-free<br />

loans, technical assistance and policy advices<br />

on national economy management. .<br />

3. International Finance Corporation<br />

(IFC) promotes growth in member countries<br />

through private sector and real investments.<br />

4. Multilateral Investment Guarantee<br />

Agency (MIGA) promotes the flow of foreign<br />

direct investment among member countries<br />

by insuring investors against non-commercial<br />

(political) risk, and by providing promotional<br />

and advisory services to help member<br />

countries create an attractive investment climate.<br />

5. The International Centre for Settlement<br />

of Investment Disputes (ICSID) provides<br />

facilities for conciliation and arbitration<br />

of investment disputes between Contracting<br />

States and nationals of other Contracting States.<br />

Ex-SFRY was a member country of all<br />

these five affiliations of the World Bank<br />

Group.<br />

International Bank for Reconstruction<br />

and Development (IBRD) was founded in<br />

1944 at the Bretton Woods Conference simultaneously<br />

with the International Monetary<br />

Fund. Yugoslavia was one of the 38 founding<br />

countries of the two international financial<br />

organizations. Upon signing documentation<br />

in Washington on 27 December<br />

1945, Yugoslavia formally joined the Bank<br />

and Fund.<br />

Following break up of former SFRY, manner<br />

of refinancing of outstanding liabilities<br />

resulting from previously used loans was<br />

agreed upon for the SRY.<br />

On 25 February 1993, the Board of Executive<br />

Directors of the International Bank for<br />

Reconstruction and Development adopted<br />

the Resolution No. 93-2, regulating the question<br />

of cessation and succession of the SFRY<br />

membership to this institution, according to<br />

which SRY participates with 36,52% in share<br />

of capital.<br />

State Union Serbia and Montenegro renewed<br />

membership to the World Bank in<br />

May 2001.<br />

Relations with World Bank<br />

Jadranka Radunović<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

Regulation of outstanding liabilities to<br />

the IBRD has opened a perspective for new<br />

borrowing. Serbia and Montenegro, as a<br />

country highly burdened with debts, was<br />

granted the IDA status in period from 2001-<br />

2004, enabling it to contract debts with the<br />

International Development Association<br />

(IDA) under favourable terms<br />

Review of Financial Arrangements<br />

with the World Bank<br />

Following renewal of the membership,<br />

the World Bank has approved Montenegro<br />

credit funds for macroeconomic stability,<br />

market economy development and implementation<br />

of infrastructure projects.<br />

In addition to contacts with the WB representatives<br />

stemming from the above financial<br />

arrangements, representatives of the<br />

Government of the Republic of Montenegro<br />

held meetings in March 2004 with the International<br />

Finance Corporation (IFC), in Istanbul<br />

concerning unsettled claims of beneficiaries<br />

of other IFC loans from the territory of<br />

the Republic of Montenegro. It was agreed,<br />

inter alia, that the Government should assume<br />

unsettled claims of legal persons to the<br />

IFC, and that the IFC should write-off outstanding<br />

debt interest, including default interest.<br />

It was also agreed that the consolidated<br />

debt - other IFC loans should be settled<br />

by conversion of part of the debt into 10% of<br />

share capital of the Podgorička banka, while<br />

the remaining part of the debt should be<br />

paid in 18 semiannual installments in a way<br />

specified under the Agreement between the<br />

Government and the IFC signed in mid April<br />

2005.<br />

Two credits extended by the World Bank<br />

to Serbia and Montenegro in the previous<br />

period are particularly noteworthy: Structural<br />

Adjustment Credit I and Structural Adjustment<br />

Credit II.<br />

The SAC I amounting USD 15 million was<br />

approved to Montenegro in 2002 for the<br />

purpose of providing support to reforms in<br />

various fields, whose middle-term objective<br />

was establishing macroeconomic stability,<br />

stimulating growth and improving social situation.<br />

This credit was fully realized.<br />

The SAC II was approved to Serbia and<br />

Montenegro in 2004. USD 18 million of credit<br />

funds were allocated for the Republic of<br />

Montenegro. The credit is intended for the<br />

reform of financial, pension and healthcare<br />

system, including other areas as well. Delegation<br />

of the World Bank set conditions which<br />

are to be met for the realization of the credit,<br />

relating to implementation of reforms in the<br />

said fields. Planned reforms in the financial<br />

sector will enhance transparency of overall financial<br />

sector; and strengthen institutional<br />

capacity and accountancy of key public sec-<br />

27


Relations with World Bank<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

tor institutions. In December 2004, the first<br />

tranche of the SAC II credit funds was disbursed<br />

by the IDA to Montenegro.<br />

Disbursement of the second tranche of<br />

the SAC II has been postponed until the end<br />

of the first half of 2006, when the only one<br />

unfulfilled condition required for the realization<br />

of the SAC II second tranche is expected<br />

to be met: signing of an agreement on electric<br />

energy supply between new owner of the<br />

Aluminum Plant -Solomon Enterprise Limited<br />

and Montenegrin Electric Power Company<br />

Inc, Nikšić.<br />

WB Country Assistance Strategy for<br />

period 2005-2007<br />

World Bank adopted the Country Assistance<br />

Strategy for Serbia and Montenegro for<br />

FY 2005-2007 with the aim of supporting the<br />

EU Stabilization and Association Process as<br />

well as the Poverty Reduction Strategy process.<br />

The Country Assistance Strategy (CAS) is<br />

aimed at promoting economic growth and<br />

development by means of: creating a smaller,<br />

more sustainable and efficient public sector;<br />

creating larger and more dynamic private<br />

sector; reducing the poverty level and improving<br />

social security and access to public services.<br />

Under the World Bank CAS for Montenegro,<br />

the following funds are envisaged for<br />

2006:<br />

" Level "base case": for development of<br />

tourism and agriculture, the credit amounting<br />

USD 12 million (6 million IDA, 6 million<br />

IBRD) and for the Regional Energy Project,<br />

the credit amounting USD 3 million (IDA)<br />

" Level "high case": for development of<br />

tourism and agriculture, the credit amounting<br />

USD 15 million (6 million IDA, 9 million<br />

IBRD) and for the Regional Energy Project<br />

World Bank<br />

USD 3 million (IDA)<br />

Identified areas that currently represent<br />

obstacle for the development of Montenegro,<br />

where the World Bank may offer its assistance<br />

either by providing credit funds or expert<br />

assistance for related reforms are as follows:<br />

- Infrastructure - waterworks and roads,<br />

representing obstacle for tourism development,<br />

- Regional energy market as the World<br />

Bank project<br />

- Pension system and further reforms -<br />

already launched using existing credit<br />

- Healthcare system and further reforms<br />

- already launched using existing credit<br />

- Reform of judiciary<br />

In the negotiations with the World Bank<br />

representatives, possibility for the Central<br />

Bank of Montenegro to become certified to<br />

conduct transactions with the World Bank is<br />

under consideration. In addition to promoting<br />

the very institution, the transaction<br />

costs would be significantly cut, given the reduced<br />

number of intermediaries. The WB representatives<br />

were advised to consider possibility<br />

of opening a WB Office in Montenegro<br />

(in addition to the existing Office in Belgrade)<br />

for the purpose of establishing a higher<br />

quality co-operation and exchange of information<br />

with the World Bank. For the time<br />

being, the only representative of the World<br />

Bank works with the Central Bank of Montenegro.<br />

Sector for Economy, Finance,<br />

International Co-operation<br />

and Games of Chance System<br />

JADRANKA RADUNOVIĆ, Coordinator,<br />

International Co-operation Department<br />

28


State aid<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

State aid<br />

With future signing of the Stabilization<br />

and Association<br />

Agreement (SAA), obligation<br />

to harmonize national legislation with<br />

the EU regulations enters into force,<br />

including adoption of a Law on State<br />

Aid Control which is to be adopted by<br />

the Parliament of Montenegro. Upon<br />

adoption of the Law, a single regulation<br />

will be introduced in the state aid field,<br />

based on principles of market economy,<br />

with the aim of maintaining competition<br />

and meeting internationally assumed<br />

obligations.<br />

The Ministry of Finance, together<br />

with expert assistance from the PLAC<br />

(Policy and Legal Advice Center, the EU<br />

financed project) consultants, has been<br />

working on a Draft Law on State Aid<br />

Control, the adoption of which is scheduled<br />

for the second quarter of 2006<br />

under the Government Agenda. The<br />

Draft Law has also been submitted to<br />

the European Commission, which positively<br />

marked both the Law and progress<br />

achieved in the field of creating and introduction<br />

of regulations in the area of<br />

state aid in Montenegro.<br />

The fact is that single regulatory framework<br />

in the field of state aid has been<br />

in place in the EU for many years. Upon<br />

implementation of the regulatory and<br />

institutional framework for state aid<br />

control in Montenegro, earlier practice<br />

will cease to exist, according to which<br />

granting of the state aid has been governed<br />

by individual enactments, with no<br />

precise conditions and rules for its preparation<br />

and allocation, and with no<br />

mechanisms of control for granting, use,<br />

subsequent approval and recovery of the<br />

state aid.<br />

Therefore, by adoption of the Law on<br />

State Aid Control, general conditions<br />

and rules for preparation, granting, control<br />

of granting and use, subsequent approval<br />

and recovery of state aid will be<br />

defined, which will enable: phasing out<br />

of any kind of state aid that distorts or<br />

threatens to distort competition by giving<br />

advantage to certain companies or<br />

products, which is assessed according to<br />

the rule on competition in the EU (Articles<br />

81,82,86,87 of the Treaty on European<br />

Union); establishing of an independent<br />

operational agency authorized for<br />

supervision and control of the procedure<br />

related to granting and use, subsequent<br />

approval and recovery of state<br />

aid, which will be empowered to assess<br />

programs and individual state aids and<br />

to order recovery of unlawful state aid.<br />

Establishing of a transparent system<br />

of state aid control also has positive effects<br />

by itself with respect to economic<br />

policy making, rational planning of the<br />

state budget and budget deficit management,<br />

easier reporting and efficient cooperation<br />

with international institutions<br />

with which Montenegro has financial<br />

arrangements, as well with respect<br />

to making appropriate industrial policies<br />

and regional development policies.<br />

In favour of transparency in the field of<br />

state aid, in compliance with the European<br />

Commission recommendations,<br />

the Ministry of Finance submitted the<br />

first Report on Inventory of State Aid in<br />

the Republic of Montenegro to the<br />

Commission in August 2005. The Report<br />

on Inventory of State Aid in the Republic<br />

of Montenegro covers all direct state<br />

subventions paid from the budget of<br />

the Republic of Montenegro, including<br />

any payment facilities and exemptions<br />

in 2003 and 2004.<br />

29


State aid<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

During the last meeting of the EC<br />

Enhanced Permanent Dialogue with the<br />

representatives of Montenegro, the<br />

Commission positively marked progress<br />

achieved in the area of state aid, noting<br />

that the Ministry of Finance of Montenegro<br />

did a lot within a short 10 month<br />

period of time.<br />

LEGAL REGULATIONS<br />

CONCERNING THE STATE AID<br />

CONTROL IN THE EU<br />

The state aid system in the European<br />

Union is defined under the Articles 87<br />

and 88 of the Treaty Establishing the European<br />

Community (hereinafter referred<br />

to as the Treaty).<br />

Pursuant to relevant EU regulations,<br />

state aid means any aid in terms of benefit<br />

or advantage granted by a state, or<br />

from state resources through a public,<br />

state authority, which favours certain<br />

companies or products (selection principle)<br />

or distorts or may distort level playing<br />

field in market<br />

According to Article 87, paragraph 1<br />

of the Treaty, the following shall be deemed<br />

state aid:<br />

1. any aid granted through State resources;<br />

2. any aid which favours certain undertakings,<br />

sector or region<br />

3. any aid which is selective because<br />

it distorts the market competition by favouring<br />

certain undertakings, sector or<br />

region;<br />

4. any aid which affects competition<br />

and trade between Member States.<br />

Types of state aids are as follows: horizontal<br />

state aid (intended for all economic<br />

entities participating in the market),<br />

sectoral state aid (intended for<br />

economic entities within specific economic<br />

and non-economic activities) and<br />

regional state aid (intended for less<br />

developed areas).<br />

State aid may include: subventions,<br />

tax allowances or any other form of<br />

Danijela Jauković<br />

non-payment of state fees; exemptions<br />

from payment of social contributions;<br />

granting interest rates/loans/guarantees/real<br />

estate under conditions which<br />

are more favourable then market ones;<br />

approving allowances for incurred business<br />

losses; export aid or regressive export<br />

crediting; establishing funds for<br />

development/housing construction;<br />

providing income and price support;<br />

providing goods or services which are<br />

not part of the public services; approving<br />

more favourable treatment in the<br />

public procurement, etc.<br />

Certain categories of the horizontal,<br />

sectoral and regional state aid may be<br />

allowed under conditions set forth under<br />

the EU by-laws.<br />

According to regulations and methodology<br />

of the EU, the following shall not<br />

be considered state aid: aid for beneficiaries<br />

which are not economic entities<br />

(households, handicapped persons, aid<br />

for infrastructure, educational institutions,<br />

hospitals, public housing, vocational<br />

training centers); general economic<br />

policy measures (quotas, public procurement,<br />

technical standards, general VAT<br />

reduction); aid granted by national and<br />

multinational organizations, EU funds,<br />

government functions (defense, public<br />

works).<br />

Article 88 of the Treaty defines procedure<br />

related to applying for and control<br />

of state aid, which is under the<br />

competence of a separate European<br />

Commission established to this end. The<br />

European Commission, together with<br />

Member States, constantly monitors all<br />

systems of aid existing within Member<br />

States and requires appropriate measures<br />

required for gradual development<br />

and action. Such authorization enables<br />

the Commission to indicate a change in<br />

state of affairs (by monitoring progressive<br />

development or functioning of<br />

common market) and accordingly<br />

launch examination of the existing state<br />

aid.<br />

If the European Commission finds<br />

that an aid granted by a Member State<br />

or through State resources is not in<br />

compliance with acquis communitarie<br />

or with common market or such aid is<br />

being misused, it shall decide that the<br />

State concerned shall abolish or alter<br />

such aid within a period of time to be<br />

determined by the Commission. If the<br />

State concerned does not comply with<br />

this decision within the prescribed time,<br />

the Commission may refer the matter to<br />

the Court of Justice<br />

On application by a Member State,<br />

the EU Council (hereinafter referred to<br />

as the Council) may decide that aid<br />

which that State is granting or intends<br />

to grant shall be considered to be compatible<br />

with the common market, if<br />

such a decision is justified by exceptional<br />

circumstances If, however, the Council<br />

has not made its attitude known within<br />

three months of the said application<br />

being made, the European Commission<br />

shall give its decision on the case.<br />

Regulations governing state aid by<br />

the WTO and those in the European<br />

Union are compatible particularly with<br />

respect to definitions and practical purposes.<br />

ADVISOR TO THE MINISTER<br />

On co-operation with the EU<br />

and international<br />

financial institutions<br />

DANIJELA JAUKOVIĆ,<br />

30


Enforcement of claims<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

Enforcement of claims<br />

secured by the Contract on<br />

Fiduciary Transfer of Immovable<br />

Property Ownership Right<br />

Development of the monetary transactions,<br />

credits, banking and other<br />

forms of debtor-creditor relations<br />

brought about debt security problem. Creditors<br />

have more confidence in the right of<br />

pledge, as a mean of security, because the<br />

credit is then really secured.<br />

Pledge, as a mean of security, has a history<br />

in the Roman Law as trust and mortgage<br />

as well as in the Customary Law in the<br />

old Montenegro, when a debt was secured<br />

by Property Title Deed, and the existing documents<br />

testify to it. This issue is now regulated<br />

in the legal system of Montenegro by<br />

the Law on Trust, Law on Mortgage and<br />

Law on Pledge.<br />

In the course of allocation of credit<br />

funds from the Republic Budget, the Government<br />

of the Republic of Montenegro<br />

decided to secure credits through concluding<br />

Fiduciary Contracts. Real Estate Administration<br />

is in charge of estimation of property<br />

value, which is taken into trust. Pursuant<br />

to the provisions of the Law, this Administration<br />

is also established as specialized<br />

agency for registration of the contracts<br />

in the Real Estate Register. The Ministry of<br />

Finance uses the other two laws to secure<br />

debt only in cases when it is not possible to<br />

register a trust.<br />

Namely, in the period of the UN sanctions,<br />

on the proposal of relevant Ministries<br />

and according to appropriate decisions of<br />

the Government, funds from the Republic<br />

Budget were approved for crediting the tourist<br />

economy for the purpose of creation of<br />

conditions for summer and winter tourist<br />

season. For the aforementioned purposes<br />

over 17,0 mil. eur was approved, and in order<br />

to secure the extended credits, for the<br />

following companies' property was registered<br />

trust: "Ada Bojana" - Ulcinj riviera, Vila<br />

"Albatros" - HTP "Albatros". Hotel "Sozina" -<br />

HTP "Korali", Hotel "Palas" - HTP "Budvanska<br />

rivijera", Hotel "Tivat" - HTP "Primorje",<br />

Autocamp "Ciparis" - HTP "Mimoza" - Tivat,<br />

administrative building in Jaz - Montenegroexpress,<br />

Autocamp in Dobrota - HTP<br />

"Fjord", trust was also registered for five facilities<br />

HPT "Boka", Hotels "Boan" and "Šavnik"<br />

- HTP "Onogošt", six catering and<br />

tourst establishments of the SKI Center<br />

"Durmitor", Hotel "Mojkovac" - HTP Mojkovac,<br />

Restaurant "Kisjele vode" - HTP "Brskovo"<br />

Bijelo Polje, annexe to the Hotel "Lokve"<br />

- HTP "Berane", two tourist facilities HTP<br />

"Bjelasica" - Kolašin, Small stadium of the<br />

Sports Center Nikšić, Hotel "Bor" - HTP<br />

"Plavsko jezero", Hotel "Rožaje" - GTP "Turjak",<br />

Hotel "Grand" Cetinje - "Turist" Cetinje<br />

etc.<br />

Apart from tourist economy, in the framework<br />

of credit support to economy and<br />

realization of the Program of Restructuring<br />

as an instrument of credit security, the Ministry<br />

of Finance registered trust also in relation<br />

to the other companies' property,<br />

mostly administration buildings, land or<br />

social standard facilities.<br />

In the procedure of privatization of<br />

Montenegrobank, the Ministry of Finance<br />

assumed certain claims as well as significant<br />

property registered by the Bank for the<br />

purpose of approved credits security, which<br />

value amounts to over 12,0 mil. eur. On this<br />

basis Hotel "Galeb" - property of HTP "Ulcinjska<br />

rivijera" was assumed, and the ownership<br />

was transferred to the benefit of Government,<br />

Factory of Juices "Primorka" -<br />

Bar, five manufacturing divisions "Eksport<br />

drva" - Kolašin (ownership transferred to<br />

the Government), administrative building<br />

"V. Kruščića" - Mojkovac (ownership transferred<br />

to the Government), property "Restaur<br />

Art" - Budva (land and several flats in<br />

Budva, also registered to the benefit of Government),<br />

administrative building EI<br />

"Obod" - Cetinje (transferred ownership),<br />

bus station in Budva and land in Podgorica<br />

- ownership "Merkur" Budva etc.<br />

Ministry of Finance keeps relevant records<br />

and valid documentation, on the basis<br />

of which the enforcment of claims is executed,<br />

for the aforementioned and other fiduciary<br />

property.<br />

ENFORCEMENT OF CLAIMS<br />

In the procedure of initiating the enforcement<br />

of claims, the Ministry of Finance<br />

reviews the company's status, its financial<br />

standing and development perspective.<br />

Thus, the Government of the Republic of<br />

Montenegro, on the proposal of relevant<br />

ministry and consent of the Ministry of Finance,<br />

to the benefit of resolving the future<br />

development of company or its privatization,<br />

approves debt restructuring, debt conversion<br />

into shares (e.g. Metalac - Nikšić,<br />

Factory "4. novembar" - Mojkovac etc.) or,<br />

in relation to extraordinary cases, when the<br />

future of company is certain, it releases the<br />

debt (Mill "M. Asović" - Nikšić, "Javorak" -<br />

Nikšić, Brown coal mine Berane, ŠIP "Berane"<br />

- Berane, "Vukman Kruščić" - Mojkovac<br />

etc.).<br />

When debt recovery is done through<br />

bankruptcy, the Ministry of Finance and<br />

Government also have impact on social and<br />

economic status of debtors as well as on the<br />

privatization process. In that process, special<br />

attention is paid to workers of companies<br />

and their enforcement of rights. As regards<br />

certain cases the Government abandoned<br />

the enforcement priorities or a part<br />

of debt to the benefit of workers (SKI Cen-<br />

31


Enfocement of claims<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

ter "Durmitor", "Špiro Dacić" - Bijelo Polje,<br />

"19 decembar" - Podgorica, "Obod genex" -<br />

Cetinje, Jugooceanija - Kotor).<br />

In accordance with the said, if the debtor<br />

is not able to settle the credit within fixed<br />

terms, the Ministry of Finance mostly<br />

proposes to enforce the claims through property<br />

sale and payment of funds to the account<br />

of Treasury. But, in certain cases in<br />

the interest of the Government and its bodies,<br />

a part of property is taken over for the<br />

public institutions' needs. Thus, Hotel<br />

"Park" was taken over from HTP "Boka" -<br />

Herceg Novi for the needs of the Ministry of<br />

Interior - Regional Center for Underwater<br />

Mine Clearance, to the amount of<br />

2.423.341,00 eur, two facilities HTP "Bjelasica"<br />

Kolašin were assumed for the needs of<br />

the National park "Biogradska gora" and secondary<br />

school "Braća Selić" in Kolašin to<br />

the aggregate value of about 180.000,00 eur,<br />

business premises of "Lovćeninvest" Podgorica<br />

in Malo Brdo were taken for the needs<br />

of Institute for Accounting and Auditing<br />

etc.<br />

In the course of enforcement the Ministry<br />

of Finance pays special attention to enforcement<br />

of claims assumed from Montenegrobank,<br />

especially because it is the<br />

World Bank's requirement and condition to<br />

obtain special privileges in relation to credit<br />

funds withdrawal.<br />

Enforcement of claims is done mostly<br />

through the following procedures:<br />

1. In case of debtors in bankruptcy,<br />

Milodarka Novosel<br />

the Ministry of Finance decided to enforce<br />

claims pursuant to the Law on Economic<br />

Companies Insolvency, according to which<br />

secured creditors have enforcement priority.<br />

In that way, through bankruptcy the claim<br />

to the amount of (219.000,00 eur) was<br />

enforced against HTP "Fjord" - Kotor, started<br />

enforcement of claims against HTP "Ulcinjska<br />

rivijera" in bankruptcy proceeding<br />

(1,7 mil. eur collected), SKI Center "Durmitor"<br />

(778.900,00 eur collected), against<br />

company "Špiro Dacić" - Bijelo Polje Polje<br />

585.000,00 eur collected, and as regards the<br />

companies "Vukman Kruščić" and "Eksportdrvo"<br />

- Kolašin the property was transferred<br />

to the Government to the amount exceeding<br />

500.000,00 eur etc.<br />

2. As regards a number of debtors<br />

the debt was restructured, but the registered<br />

trust is to be kept until the debt is completely<br />

repaid, what is the case with company<br />

HTP "Primorje" - Tivat, TUP "Brskovo" -<br />

Bijelo Polje, "Ekozeta" - Podgorica, company<br />

"Merkur" - Budva, company "Mehanik trade"<br />

- Nikšić, "Budvanske rivijere" - Budva,<br />

"Beranke" - Berane, "Primorke" - Bar, etc.<br />

3. As regards a number of debtors,<br />

which have mutual obligations and claims,<br />

the debt is settled by means of mutual<br />

offsetting, what is the case with comapany<br />

HTP "Plavsko jezero" - Plav, "Vektra" - Podgorica.<br />

There are also debt offsetting proposals<br />

in relation to some other debtors.<br />

4. The greatest part of debt is recovered<br />

by encumbered assets sale. Aiming at a<br />

more efficient sale, the Ministry of Finance<br />

established a Commission for Sale, composed<br />

of representatives of the Ministry, debtors<br />

and relevant Ministry, which was a<br />

proposer of credit funds allocation. So far,<br />

in this manner were sold facility "Mali stadion"<br />

- property of the Sports Center - Nikšić<br />

(debt due to the Budget 34.000,00 eur<br />

and Tax Administration 110.000,00 eur),<br />

Hotel "Mojkovac" ownership HTP "Mojkovac"<br />

(debt recovered to the amount of<br />

129.000,00 eur), facility "Vukman Kruščić" -<br />

Mojkovac (debt recovered to the amount of<br />

48.000,00 eur) , Autocamp "Ciparis" (debt<br />

recovered to the amount of 626.996,00<br />

eur), company HTP "Boka" motel "Palas"<br />

was sold and debt recovered to the amount<br />

of 215.356,00 eur.<br />

We note that a part of property is sold<br />

for foreign currency savings bonds of citizens,<br />

what is of special importance in order<br />

to disburden the budget of the Republic on<br />

this basis, what was especially considered in<br />

the Bulletin No. 2.<br />

Finally, it can be concluded that Contract<br />

on Fiduciary Transfer of Immovable<br />

Property Ownership Right, which was concluded<br />

pursuant to the law and registered<br />

in the Real Estate Register, is the best instrument<br />

of debt security, what 2004 and<br />

2005, over 4,0 mil. eur of claims were enforced<br />

only on this basis, while the value of property<br />

transferred to the Government of<br />

the Republic of Montenegro exceeds 10,0<br />

mil. eur and its sale is expected in the current<br />

year. Therefore, the Ministry of Finance<br />

is well organized to enforce the claims on<br />

this basis and it will continue these activities<br />

also in 2006.<br />

Of course, financial support to economy<br />

was approved in order to maintain certain<br />

economic entities in the past period.<br />

Therefore, in the debt collection procedure<br />

it takes into account not to bring into danger<br />

the debtors' interests in the privatization<br />

and economic recovery period.<br />

SECTOR FOR CORPORATE SERVICES<br />

AND PROPERTY-LEGAL AFFAIRS<br />

Independent Adviser,<br />

MILODARKA NOVOSEL<br />

32


Enforcement of claims<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

Enforcement of claims by the<br />

Government of the Republic of<br />

Montenegro in Court procedures<br />

Following organization and status<br />

changes of: Jugobanka AD Podgorica,<br />

Montenegrobanka AD Podgorica,<br />

Bank for Development of Montenegro<br />

and Republic Directorate for Commodity<br />

Reserves, the Government of the Republic<br />

of Montenegro - Ministry of Finance<br />

assumed the claims, which are due to these<br />

legal entities against their clients on the<br />

basis of realized debenture arrangements.<br />

Ministry of Finance by the nature of<br />

its competence enforces also claims of<br />

the Government on the basis of credit<br />

funds approved from the Budget of the<br />

Republic of Montenegro.<br />

In the past activities in relation to enforcement<br />

of these claims, the Ministry of<br />

Finance consolidated all the assumed claims<br />

with the same debtor - according to<br />

all mentioned basis so that 370 legal entities<br />

- debtors were entered in the Ministry<br />

of Finance database. Such approach<br />

provides for the best debt management<br />

and offers the biggest number of possibilities<br />

to resolve and collect the claims,<br />

what represents special interest for the<br />

Republic and of course the end debtor.<br />

While reviewing the status of debt,<br />

the Ministry of Finance stated that credit<br />

beneficiaries did not settle their claims<br />

although the agreed term became due.<br />

Therefore, the Ministry decided to process<br />

court procedures in the jurisdiction<br />

of the territory of the Republic of Montenegro,<br />

as one of the models of due claims<br />

enforcement. Pursuant to the Law on Public<br />

Prosecutor, the Public Prosecutor represents<br />

the Republic in the property-legal<br />

disputes. The Ministry of Finance and<br />

Public Prosecutor established permanent<br />

cooperation, through offering advice and<br />

proposals, due dilligence testing, submitting<br />

requested documentation, etc.<br />

By application of the Law on Foreign<br />

Debt and Old Foreign Exchange Savings,<br />

Law on Budget and Law on Economic Enterprizes<br />

Insolvency, the Ministry of Finance<br />

undertook several activities until<br />

the end of 2005 in order to enforce the<br />

aforementioned creditors' claims through<br />

court procedures to the total amount<br />

of 3.403.601,47 eur.<br />

The cases were submitted to the Public<br />

Prosecutor in order to institute civil<br />

and enforcement proceedings in the<br />

competent courts.<br />

The claims against debtors which<br />

bunkruptcy proceedings and property<br />

sale for the purpose of enforcement of<br />

claims to the amount of 20.049.926,35<br />

eur are still pending in the competent<br />

courts in the territory of the Republic of<br />

Montenegro. This was reported to the<br />

competent courts by the Government of<br />

the Republic of Montenegro ("Autoprevozno"<br />

- Nikšić, "Gornji Ibar" - Rožaje,<br />

"Jadran - Perast" - Perast, Pilana - Danilovgrad,<br />

ŠP A.D. "Šumarstvo" - Rožaje,<br />

"Velimir Jakić" - Pljevlja, Coal Mine - Berane,<br />

"Šuplja stijena" - Pljevlja, ŠIK "Bor" -<br />

Plav, ŠIP "Berane" - Berane, "Beranka" -<br />

Berane etc.). This amount includes also<br />

claims on the basis of foreign credits extended<br />

by the international credit institutions.<br />

But, having in mind that these<br />

are generally unsecured credits and bad<br />

financial standing of end users to repay<br />

credits, the collection procedure will be<br />

relatively long and the outcome will be<br />

uncertain.<br />

According to the Ministry of Finance<br />

records, the Government of the Republic<br />

of Montenegro claims, which have been<br />

settled so far by the final court decision,<br />

amount to 606.609,22 eur ("Veleprodaja"<br />

- Berane, "Ribarstvo" - Rijeka Crnojevića,<br />

Directorate of Public Works of Montenegro<br />

- Podgorica, Sugar Factory "Kovin").<br />

In addition, the statement of claim<br />

was adopted in the first instance procedure<br />

in relation to the cases "Iling" - Kolašin<br />

and "Maestraltours" - Budva to the<br />

total amount of 169.782,30eur.<br />

Claims of the Republic of Montenegro<br />

include also credits extended by the<br />

Employment Bureau, from the Republic's<br />

funds, through Montenegrobank and as<br />

self-employment Project. 32.343,00 eur<br />

have been collected on that basis so far.<br />

Aiming at a more efficient enforcement<br />

of claims, the Government of the<br />

Republic of Montenegro approved conclusion<br />

of the Contract on Debt Restructuring<br />

with debtors under favourable<br />

conditions (longer repayment period, lower<br />

interest rate). Conclusion of these<br />

contacts begun in late 2005 and it will<br />

continue in the course of 2006.<br />

Ministry of Finance will, within the<br />

Sector for Corporative and Property Legal<br />

Affairs, proceed to pay great attention to<br />

and take necessary activities in order to<br />

successfully and promptly enforce the<br />

aforementioned claims.<br />

Senior Advisor<br />

GORDANA VUKOSLAVČEVIĆ<br />

33


Functioning of the games of chance system<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

Functioning of the games<br />

of chance system, highlighting<br />

activities aimed at<br />

suppressing grey economy<br />

(CONTROL, REGISTRATION AND RE-REGISTRATION OF ORGANIZERS OF GAMES OF CHANCE)<br />

Introduction:<br />

New Law on Games of Chance (»Official<br />

Gazette of RM«, No. 52/04) entered<br />

into force on 7 August 2004. Pursuant to<br />

the Law, the Ministry of Finance, as a<br />

competent authority, gives approvals -<br />

concessions for organization of games of<br />

chance, examines whether space-related<br />

and technical conditions are met, and supervises<br />

activities of organizers of games<br />

of chance. Following adoption of the Law,<br />

necessary by-laws were adopted within<br />

set deadline, such as:<br />

Rulebook on casino’s spatial and<br />

technical conditions to be met;<br />

Rulebook on spatial and technical<br />

conditions for organization of games of<br />

chance;<br />

Rulebook on spatial and technical conditions<br />

for a gambling machines parlor;<br />

Rulebook on spatial and technical<br />

conditions for organizing of bingo, TV<br />

tombola and limited-access tombola, and<br />

Rulebook setting conditions for performing<br />

technical review of gambling<br />

machines and game tables.<br />

Accordingly, normative prerequisites<br />

have been put in place, which are required<br />

for implementation of the Law and<br />

efficient functioning of the games of<br />

chance system in general and supervision<br />

of such system as well.<br />

Chance Department and information<br />

provided by local self-government authorities,<br />

a register of organizers of games of<br />

chance conducting activities in line with<br />

the previous Law has been established.<br />

According to the register, there were 72<br />

organizers arranging games of chance, as<br />

follows:<br />

- TV tombola arranged by 6 organizers;<br />

- Limited-access tombola arranged by<br />

10 organizers;<br />

- Lottery games arranged by 1 organizer;<br />

- Casino games of chance arranged by<br />

1 organizer;<br />

- Betting games arranged by 48 organizers<br />

within 160 betting places;<br />

- Games of chance in gambling machines<br />

parlor arrange by 7 organizers.<br />

According to data under the register<br />

and information obtained from on-site<br />

inspection, it was clear that there had<br />

been a large number of organizers of games<br />

of chance who conducted their activities<br />

without prior approval for work<br />

and/or who violated the Games of Chance<br />

Law by expanding their activities. As a<br />

result of their activities in the grey zone,<br />

budgetary revenues stemming from concession<br />

charges were lower and, more important,<br />

it had direct negative effect on<br />

activities of registered organizers.<br />

From 27 April 2005, in co-operation<br />

with the Tax Administration inspectors,<br />

the Ministry of Finance initiated regular<br />

controls with regard to possession of approval<br />

for work by organizers of games of<br />

chance in casinos, gambling machines<br />

parlors and betting places, as well as controls<br />

of their business activities. 205 controls<br />

have been conducted so far. All orga-<br />

ACTIVITIES AIMED AT<br />

SUPPRESSING GREY<br />

ECONOMY IN THE<br />

GAMES OF CHANCE FIELD:<br />

First of all, based on data available<br />

with the Ministry of Finance, Games of<br />

GAMES OF CHANES DEPARTMENT: Radmila Vorotović, Head of GAMES OF CHANES<br />

DEPARTMENT Veljko Begović, Chief inspector - GAMES OF CHANES department<br />

34


Functioning of the games of chance system<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

nizers of games of chance without having<br />

approval for work were requested to obtain<br />

the same within 15 days from the day<br />

of the control. Most of them obtained the<br />

said approval, whereby both number of<br />

registered organizers and revenues stemming<br />

from concession charges were increased.<br />

Consequently, most of the organizers<br />

started conducting legal operations<br />

and were registered in compliance with<br />

the Law, fulfilling thus their liabilities<br />

arising out of concession charges.<br />

Out of total number of organizers<br />

who were controlled, 9 organizers failed<br />

to proceed as required by the inspector,<br />

and, accordingly, they were prohibited to<br />

conduct their activities until identified<br />

improper management was removed, and<br />

a request for institution of infringement<br />

proceedings against these persons was filed.<br />

Moreover, criminal complaint was<br />

brought with the competent authority<br />

against 2 organizers, who were prohibited<br />

to conduct their activities, but who removed<br />

the seal and continued performing<br />

their activities in spite of the prohibition<br />

in force.<br />

According to Article 76 of the Games<br />

of Chance Law (»Official Gazette of RM«,<br />

No. 52/04), legal persons who arranged<br />

games of chance based on approval by the<br />

Ministry of Finance and competent local<br />

self-government authority were allowed<br />

to continue arranging of such games until<br />

expiration date of the approval, but<br />

GAMES OF CHANES DEPARTMENT<br />

not later than a year after the day of this<br />

Law becoming effective. Such deadline expired<br />

on 10 August 2005. Given that conditions<br />

for arranging of games of chance<br />

are stricter under the new Law as compared<br />

to the previous one, the organizers<br />

wanted to make use of advantages granted<br />

under previous Law so most of them<br />

waited until closing date to apply for reregistration.<br />

In the period from 21 July<br />

2005 to 28 February 2006, 383 concessions<br />

were granted for arranging of games<br />

of chance in compliance with the<br />

new Law on Games of Chance, as follows:<br />

33 organizers of betting games obtained<br />

concession to open 330 betting places.<br />

12 organizers of games of chance in<br />

the gambling machines parlor obtained<br />

concession to open 40 gambling machines<br />

parlors.<br />

2 organizers of TV tombola obtained<br />

concession to arrange 3 TV tombolas.<br />

9 organizers of limited-access tombola<br />

obtained concession to arrange 9 limited-access<br />

tombolas.<br />

1 organizar of casino games obtained<br />

concession to open a casino.<br />

All organizers who obtained concessions<br />

regularly fulfill their obligations.<br />

Financial effects are as follows:<br />

In 2004, total revenues stemming<br />

from concession charges amounted to<br />

1.424.415,37 eur, or on average about<br />

119.000eur per month.<br />

In 2005, total revenues stemming<br />

from concession charges amounted to<br />

1.763.091,59 eur, or on average<br />

146.924,30 eur per month. Out of this<br />

amount, until new Law became effective,<br />

i.e. for the first 7 months, the revenues<br />

amounted to 901.669,92 eur or on average<br />

128.809,98 eur per month. For the last<br />

5 months in 2005, the revenues amounted<br />

to 861.421,67 eur or on average<br />

172.284,20 eur per month.<br />

- Revenues in January 2006 amounted<br />

to 215.366.83 eur.<br />

- Revenues in February 2006 amounted<br />

to 301.175.04 eur.<br />

***<br />

The Law on Games of Chance and related<br />

by-laws created institutional framework<br />

for a more regulated and functional<br />

games of chance system. The organizers<br />

were given time period and possibility to<br />

harmonize their activities with the new<br />

Law within the transitional period. At the<br />

same time, from the very adoption of the<br />

Law, Ministry of Finance together with<br />

the Tax Administration launched wellconceived<br />

training, control and re-registration<br />

activities with respect to the organizers<br />

of games of chance in line with the<br />

adopted Law. Until 10 August, i.e. expiration<br />

of the transition period, most of the<br />

organizers harmonized their activities<br />

with the provisions under the new Law.<br />

Infringement proceedings have been instituted<br />

against those persons who failed<br />

to harmonize their activities with the<br />

new Law within the transition period.<br />

Number of organizers and amount of<br />

revenues stemming from the concession<br />

charges (both indicators have almost<br />

been doubled in the period from adoption<br />

of the Law until now) indicate both<br />

a success in the activities aimed at regulating<br />

the games of chance system in Montenegro<br />

and a significant elimination of<br />

the grey economy in this field within a<br />

short period of time. Regular inspections<br />

both on-the-spot and from the office,<br />

bring about apparent results.<br />

***<br />

Games of chance department<br />

RADMILA VOROTOVIĆ, HEAD<br />

VELJKO BEGOVIĆ, CHIEF INSPECTOR<br />

35


Law on Compulsory Traffic Insurances<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

Law on Compulsory<br />

Traffic Insurances<br />

Pursuant to the existing law, the Compulsory<br />

Traffic Insurances are regulated<br />

by the single Law on Property<br />

and Personal Insurance ("Official Gazette<br />

of the Federal Republic of Yugoslavia"<br />

No.30/96). In contrast to that, the Draft of<br />

the new Law on Insurance envisages adoption<br />

of the special law on compulsory traffic<br />

insurances.<br />

The reason for such approach in defining<br />

the legal regulations was determined<br />

due to the need to include in the provisions<br />

of this law a wide range of Republic<br />

entities, which should not be set in the framework<br />

of the laws regulating the conditions<br />

and manner of establishment, doing<br />

business and supervision of insurance<br />

companies and companies which perform<br />

activities linked to the insurance activities.<br />

At the same time, separating compulsory<br />

insurances in a special law points to significance<br />

of this insurance and enables its<br />

easier application. In addition, European<br />

Union Directives, which attach special importance<br />

to compulsory insurances, as<br />

well as many Conventions of international<br />

organizations in relation to traffic indicate<br />

to special definition of regulations on the<br />

level of compulsory insurance.<br />

The Law on Compulsory Traffic Insurances<br />

introduces certain novelties, such<br />

as e.g. obligation to collect and keep data<br />

necessary to conclude an agreement on insurance<br />

and indemnification of damages.<br />

In addition, this law envisages the possibility<br />

for healthcare, pension and disability<br />

insurance funds and voluntary healthcare<br />

insurance funds to ask the insurance companies<br />

to refund the amounts paid to<br />

their insurees, within limits of obligations<br />

assumed by the insurance agreement,<br />

what was not enabled by the past law.<br />

The Law envisages obligatory cooperation<br />

of insurance companies, which handle<br />

compulsory insurances in the Republic,<br />

in particular in relation to:<br />

- indemnification on the basis of the<br />

international agreements (green cards);<br />

- indemnification of damages caused<br />

by uninsured, unknown vehicles and vehicles<br />

insured with dissolved insurance companies;<br />

- proposals of conditions and tariffs of<br />

premiums for compulsory insurances, etc.,<br />

Novelty in the Draft Law is establishment<br />

of an Indemnification Fund,<br />

which will perform indemnification of damages<br />

caused by the uninsured and unknown<br />

vehicles and damages caused by the<br />

vehicles insured with the dissolved insurance<br />

companies. The activities, which were<br />

transferred to the Association of Insurance<br />

Organizations of Serbia and Montenegro,<br />

(Guarantee Fund) by means of public<br />

authorizations in accordance with the<br />

past insurance, will be dealt with on the<br />

level of the Republic of Montenegro according<br />

to the new regulations. The Indemnification<br />

Fund is to be established within<br />

the regulatory body, and the manner of its<br />

functioning will be regulated by special regulations.<br />

Such regulations are adjusted to the<br />

conditions of Montenegrin Insurance<br />

Market.<br />

Milanka Obradović<br />

Draft Law on Compulsory Traffic Insurances<br />

consists of the following nine chapters:<br />

Basic Provisions; Insurance of Passengers<br />

in Public Transport against Consequences<br />

of Accident; Insurance of Motor<br />

Vehicles Owners against responsibility for<br />

damage inflicted to third parties; Insurance<br />

of Vessels Owners against responsibility<br />

for damage inflicted on third parties; Insurance<br />

of Aircrafts Owners against responsibility<br />

for damage inflicted on third parties;<br />

Cooperation of Insurance Companies<br />

and Branches of Foreign Insurance Companies;<br />

Indemnification Fund; Penalty<br />

Provisions; Transitional and Final Provisions.<br />

Adoption of this law will regulate the<br />

compulsory insurances issue in Montenegro<br />

in a more comprehensive manner and<br />

provide for protection of the citizens of<br />

Montenegro by means of relevant penalty<br />

policy in the framework of responsibility<br />

for damages caused by the traffic vehicles<br />

in the public transport.<br />

Department for insurance control<br />

Coordinator of the Department,<br />

MILANKA OBRADOVIĆ<br />

36


Agenda of the Ministry of Finance<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

Agenda of the<br />

Ministry of Finance for 2006<br />

I. THEMATIC PART<br />

ECONOMIC POLICY AND<br />

ECONOMIC DEVELOPMENT<br />

1.Information on the existing business<br />

barriers with proposal to adopt relevant<br />

regulations aimed at their elimination<br />

Information will make reference to the<br />

existing business barriers, assesment of situation<br />

and proposal to adopt relevant regulations<br />

aimed at their elimination.<br />

Analyzer: Ministry of Economy, Ministry<br />

of Tourism, Ministry of Environmental Protection<br />

and Spatial Planning, Ministry of Finance<br />

and Ministry of Justice<br />

Term: I quarter<br />

Working group in charge:<br />

Commission for Economic Policy and<br />

Economic Development<br />

Commission for Financial System and<br />

Public Expenditures<br />

Commission for Political System and Internal<br />

Policy<br />

2. Feasibility study of setting up regulatory<br />

mechanisms, which are related<br />

to privatization of enterprizes in the<br />

field of utility services<br />

The study will examine possible models<br />

of regulatory mechanisms, which will provide<br />

for a clear and transparent manner of realization<br />

of preceding activities, on the basis<br />

of which the privatization process public utility<br />

enterprizes will be carried out, and<br />

which will be respected by the local self-governance<br />

units. In addition, the Study will<br />

define also the manner of determination of<br />

services and delivered products prices policy<br />

in the field of utility services.<br />

Analyzer: Ministry of Environmental<br />

Protection and Spatial Planning in cooperation<br />

with the Ministry of Finance, Ministry<br />

of Justice, Agency for Economic Restructuring<br />

and Foreign Investments and Community<br />

of Municipalities of Montenegro<br />

Term: III quarter<br />

Working groups in charge:<br />

Commission for Economic Policy and<br />

Economic Development<br />

Commission for Financial System and<br />

Public Expenditures<br />

3. Feasibility study for establishment<br />

of a special entity for housing<br />

policy and National Housing Fund<br />

The objective of this study is to examine<br />

the most acceptable model for Montenegro<br />

for realization of activities related to the development<br />

in the field of housing, and in<br />

that connection, efficient implementation of<br />

Action Plan for Housing Policy as well as National<br />

Housing Fund.<br />

Analyzer: Ministry of Environmental<br />

Protection and Spatial Planning in cooperation<br />

with the Ministry of Finance, Ministry<br />

of Justice, Agency for Economic Restructuring<br />

and Foreign Investments and Community<br />

of Municipalities of Montenegro<br />

Term: IV quarter<br />

Working groups in charge:<br />

Commission for Economic Policy and<br />

Economic Development<br />

Commission for Financial System and<br />

Public Expenditures<br />

FINANCIAL SYSTEM, SOCIAL<br />

ACTIVITIES AND SOCIAL<br />

POLICY MEASURES<br />

1.Guidelines for capital budget drafting<br />

The guidelines will define the manner<br />

and procedure of capital budget drafting for<br />

the purpose of a more transparent financial<br />

reporting and providing a base for more quality<br />

decision-making in the area of economic<br />

policy.<br />

Analyzer: Ministry of Finance<br />

Term: I quarter<br />

Working groups in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

Commission for Economic Policy and<br />

Economic Development<br />

Commission for Political System and Internal<br />

Policy<br />

Commission for Budget<br />

2. Report on status of the public<br />

debt of Montenegro (until December 31,<br />

2005), with reference to implementation<br />

of the Strategy for Public Debt Management<br />

of the Republic in 2005<br />

The report will present the status of public<br />

debt on December 31, 2005.<br />

Analyzer: Ministry of Finance<br />

Term: I quarter<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

3.Tax policy realization analysis for<br />

2005<br />

The analysis will examine the tax policy<br />

application effects in the previous year and<br />

its influence on economy, budget and funds.<br />

It will also propose the relevant measures for<br />

the policy improvement in the next year.<br />

Analyzer: Ministry of Finance, in cooperation<br />

with the Tax Administration<br />

Term: I quarter<br />

Working groups in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

Commission for Economic Policy and<br />

Economic Development<br />

4. Report on consolidated public expenditures<br />

(central budget, extrabudgetary<br />

funds and municipalities) in 2005<br />

This report will elaborate indicators of<br />

the consolidated public expenditures (central<br />

budget, extrabudgetary funds and municipalities)<br />

in 2005.<br />

Analyzer: Ministry of Finance<br />

Term: I quarter<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

5.Report on macrofiscal developments<br />

The report will contain indicators, which<br />

are related to the macrofiscal developments.<br />

Analyzer: Ministry of Finance<br />

Term: quarterly<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

6.Report on implementation of the<br />

adopted Health Financial System Sustainability<br />

Plan for 2005-2007<br />

Aiming at proceeding with the planned<br />

Health System Reform implementation, dynamics<br />

of implementation of the adopted<br />

plan will be reviewed. Report on implementation<br />

of the project ''Health System Promotion<br />

in Montenegro“, which is being carried<br />

out in cooperation with the World Bank, will<br />

37


Agenda of the Ministry of Finance<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

also be submitted quarterly.<br />

Analyzer: Ministry of Health, in cooperation<br />

with the Ministry of Finance and Republic<br />

Health Insurance Fund<br />

Term: quarterly<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

7. Information on planned rationalizations<br />

of activities and work of the<br />

health institutions<br />

The information will serve to propose<br />

measures of rationalization of activities and<br />

work of the health institutions in Montenegro.<br />

Analyzer: Ministry of Health, in cooperation<br />

with the Ministry of Finance and Republic<br />

Helath Insurance Fund<br />

Term: I quarter<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

8.Report on macroeconomic and fiscal<br />

policy realization in the first six<br />

months and proposal of objectives and<br />

guidelines of fiscal policy on the basis of<br />

which the receipts and expenses are<br />

planned for the next year<br />

Pursuant to provisions of Article 20, paragraph<br />

1 of the Law on Budget, the report<br />

will contain data which include analysis of<br />

macroeconomic aggregates development, as<br />

starting point for budgetary planning, which<br />

are related to the development of gross domestic<br />

product, prices, earnings and employment.<br />

Analyzer: Ministry of Finance<br />

Term: July 31, 2006<br />

Working groups in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

Commission for Economic Policy and<br />

Economic Development<br />

Commission for Political System and Internal<br />

Policy<br />

Commission for Budget<br />

9.Analysis of own source revenues<br />

collection of the Republic Health Insurance<br />

Fund<br />

Analysis of own source revenues collection<br />

of the Fund will serve to define the proposal<br />

of increase of coverage and efficiency<br />

in the aforementioned receipts collection.<br />

Analyzer: Ministry of Finance, in cooperation<br />

with the Ministry of Health, Republic<br />

Health Insurance Fund and Tax Administration<br />

Term: semiannually<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

10.Analysis of own source revenues<br />

collection of the Republic Pension and<br />

Disability Insurance Fund<br />

Analysis of own source revenues collection<br />

of the Fund will define the proposal of<br />

increase of coverage and efficiency in the aforementioned<br />

receipts collection.<br />

Analyzer: Ministry of Finance, in cooperation<br />

with the Ministry of Health, Republic<br />

Pension and Disability Insurance Fund and<br />

Tax Administration<br />

Term: semiannually<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

11. Information on planned rationalization<br />

of the Republic Pension and Disability<br />

Insurance Fund<br />

The information will reflect the activities,<br />

which, in the framework of pension administration<br />

reform and overall reform activities<br />

intended for reorganization and implementation<br />

of new business processes, are being<br />

continuously implemented by the Fund<br />

in relation to internal rationalization in order<br />

to promote the technical-technological<br />

process of work and create conditions for legal,<br />

efficient and duly servicing of pension<br />

and disability rights.<br />

Analyzer: Ministry of Labour and Social<br />

Care and Ministry of Finance in cooperation<br />

with the Republic Pension and Disability Insurance<br />

Fund and Tax Administration<br />

Term: semiannually<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

12. Report on the Ministry’s work in<br />

the field of financial system and public<br />

expenditures and situation in the administrative<br />

area, along with the administration<br />

authorities’ reports on work and<br />

situation in the areas for the purpose of<br />

which it was established in 2005<br />

Article 62 of the Law on Public Administration<br />

(''Official Gazette of the Republic of<br />

Montenegro'', No. 37/03), regulates that the<br />

Ministries shall, at least annually, submit to<br />

the Government the report on work and administrative<br />

area situation. In addition, Article<br />

72 of the Law regulates that any administration<br />

authority shall, at least annually submit<br />

to the Ministry a report on work and situation<br />

in the areas for which it has been established.<br />

The report has to consist of a<br />

description of implementation of laws and<br />

other regulations, realization of programs<br />

and conclusions of the Government, measures<br />

they undertook and results they achieved.<br />

Analyzer: Ministry of Finance, Ministry<br />

of Education and Science, Ministry of Culture<br />

and Media, Ministry of Health, Ministry<br />

of Labour and Social Care<br />

Term: III quarter<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

13.Report on consolidated public expenditures<br />

(central budget, extrabudgetary<br />

funds and municipalities) for the<br />

period January – June 2006<br />

This report will refer to the indicators of<br />

consolidated public expenditures (central<br />

budget, extrabudgetary funds and municipalities)<br />

for the period January – June 2006<br />

Analyzer: Ministry of Finance<br />

Term: III quarter<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

14. Report on implementation of PA-<br />

CO Impact – Council of Europe project<br />

for the Anti-corruption Initiative Administration<br />

capacities strenghtening<br />

PACO Impact – Council of Europe project<br />

is aimed at supporting the Southeastern<br />

Europe countries to implement the activities<br />

related to drafting and implementation of<br />

anti-corruption plans and strategies. In the<br />

framework of planned activities for Montenegro<br />

it is envisaged to strenghten capacities<br />

of the Anti-corruption Initiative Administration,<br />

which will be especially related to intensification<br />

of cooperation between the<br />

competent authorities for prevention and<br />

combating corruption, public awareness<br />

raising about the manifestations of corruption,<br />

negative corruption trends and strenghtening<br />

the citizens’ role in revealing and<br />

preventing corruption.<br />

Analyzer: Ministry of Finance in cooperation<br />

with the Anti-corruption Initiative<br />

Administration<br />

Term: III quarter<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

Commission for Political System and Internal<br />

Policy<br />

15. Analysis of tax policy implementation<br />

for the period January - October<br />

2006<br />

The analysis will examine the tax policy<br />

application effects in the first 10 months in<br />

2006 and its influence on the economy, Budget<br />

and funds, and it will propose relevant<br />

measures for promotion of the policy in the<br />

next year.<br />

Analyzer: Ministry of Finance, in coope-<br />

38


Agenda of the Ministry of Finance<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

ration with Tax Administration<br />

Term: IV quarter - December<br />

Working groups in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

Commission for Economic Policy and<br />

Economic Development<br />

16.Report on execution of the annual<br />

auditing plan of the Budget beneficiaries<br />

The report will include the review of audits<br />

done in 2006 on the basis of annual auditing<br />

plan for 2006 with key findings,<br />

which occurred in the procedure of auditing<br />

the controlled Budget beneficiaries.<br />

Analyzer: Ministry of Finance<br />

Term: IV quarter<br />

Working gorup in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

II. NORMATIVE PART<br />

ECONOMIC POLICY AND<br />

ECONOMIC DEVELOPMENT<br />

1. Draft Law on Amendments to the<br />

Law on Water Supply and Waste Water<br />

and Solid Waste Disposal from the areas<br />

of the following municipalities: Herceg<br />

Novi, Kotor, Tivat, Budva, Bar, Ulcinj<br />

and Cetinje and other legal and bylaw<br />

acts related to this field<br />

This Law will establish relations in the<br />

areas of regional water supply, waste water<br />

and solid waste management in accordance<br />

with the strategic planning documents,<br />

which are related to these areas, in the Municipalities<br />

of the Montenegrin seaside and<br />

Municipality of Cetinje.<br />

Analyzer: Ministry of Environmental<br />

Protection and Spatial Planning in cooperation<br />

with the Ministry of Agriculture, Forestry<br />

and Water Supply and Ministry of Finance<br />

Term: III quarter<br />

Working group in charge:<br />

Commission for Economic Policy and<br />

Economic Development<br />

Commission for Political System and Internal<br />

Policy<br />

Commission for Financial System and<br />

Public Expenditures<br />

2. Draft Law on Housing Co-operatives<br />

This Law will define possibilities of granting<br />

special privileges in the area of tax and<br />

land policy, so that all housing cooperatives<br />

can give their contribution to the housing<br />

problem resolution.<br />

Analyzer: Ministry of Environmental<br />

Protection and Spatial Planning in cooperation<br />

with the Ministry of Finance, Ministry<br />

of Justice, Community of Montenegrin Municipalities<br />

and Local-governance Units.<br />

Term: IV quarter<br />

Working group in charge:<br />

Commission for Economic Policy and<br />

Economic Development<br />

Commission for Political System and Internal<br />

Policy<br />

Commission for Financial System and<br />

Public Expenditures<br />

FINANCIAL SYSTEM, SOCIAL<br />

ACTIVITIES AND SOCIAL<br />

POLICY MEASURES<br />

1.Draft Law on Public Procurement<br />

Harmonization with the regulations of<br />

European Union in this area will be done<br />

and the existing legal solutions will be more<br />

clearly and precizely defined by this Law.<br />

Analyzer: Ministry of Finance<br />

Term: I quarter<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

Commission for Economic Policy and<br />

Economic Development<br />

Commission for Political System and Internal<br />

Policy<br />

2. Draft Law on Local Municipal Fees<br />

The issue of public areas and fees payment<br />

obligation system, the amount of<br />

which will be determined by local governances’<br />

own regulations, will be regulated in a<br />

comprehensive manner by this law.<br />

Analyzer: Ministry of Finance<br />

Term: I quarter<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

Commission for Economic Policy and<br />

Economic Development<br />

3. Draft Law on Annual Financial<br />

Statement of the Budget of the Republic<br />

of Montenegro for 2005<br />

The Draft Law on Annual Financial Statement<br />

is prepared pursuant to the Law on<br />

Budget, which regulates the manner of preparation,<br />

drafting and submitting the annual<br />

statement.<br />

Analyzer: Ministry of Finance<br />

Term: II quarter<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

Commission for Economic Policy and<br />

Economic Development<br />

Commission for Political System and Internal<br />

Policy<br />

Commission for Budget<br />

4.Draft Law on Property-legal Relations<br />

This Law will regulate the property-legal<br />

relations in Montenegro. This is especially<br />

for the reason that this area was until now<br />

regulated by the Law on Elements of Property–legal<br />

Relations (''Official Gazette of<br />

the Socialist Federal Republic of Yugoslavia'',<br />

No. 6/80, 36/90, 29/96). The Law will<br />

regulate and unify also other subject-matter<br />

included in other laws, which treat this<br />

area.<br />

Analyzer: Ministry of Finance in cooperation<br />

with the Ministry of Justice<br />

Rok: II quarter<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

Commission for Economic Policy and<br />

Economic Development<br />

Commission for Political System and Internal<br />

Policy<br />

5. Draft Law on State Property<br />

This Law will more precizely regulate the<br />

monitoring of management and usage of<br />

state property and the competence of the<br />

Republic in this area will be defined in a more<br />

adequate manner.<br />

Analyzer: Ministry of Finance in cooperation<br />

with the Ministry of Justice and Real<br />

Estate Administration<br />

Rok: II quarter<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

Commission for Political System and Internal<br />

Policy<br />

6.Draft Law on Mandatory Insurance<br />

in Traffic<br />

Directives of the European Union, which<br />

pay special attention to mandatory insurances,<br />

which are subject to many conventions<br />

of international organizations in traffic, also<br />

refer to adoption of a new Law on Mandatory<br />

Insurance in Traffic. Regulating the mandatory<br />

insurance by a special law indicates<br />

to the significance of this insurance and enables<br />

its easier application.<br />

Analyzer: Ministry of Finance<br />

Rok: II quarter<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

7. Draft Law on Restitution of Dispossessed<br />

Property Rights and Religious<br />

Communities Indemnification<br />

39


Agenda of the Ministry of Finance<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

This Law will regulate, pursuant to Article<br />

8 paragraph 2 of the Law on Restitution<br />

of Dispossessed Property Rights and Indemnification<br />

(''Official Gazette of the Republic<br />

of Montenegro'', No. 21/04), conditions,<br />

manner and procedure of restitution of<br />

rights of ownership and other property<br />

rights and religious communities indemnification<br />

for rights dispossessed for the benefit<br />

of nation-wide, public, social and cooperative<br />

ownership.<br />

Analyzer: Ministry of Finance<br />

Rok: II quarter<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

Commission for Political System and Internal<br />

Policy<br />

8. Draft Law on Amendments and<br />

Supplements to the Law on Money-<br />

Laundering Prevention and Terrorism Financing<br />

This Law will harmonize the applicable<br />

law with the ''Directive 2005 of the European<br />

Parliament and Council of Europe on prevention<br />

of using financial system for the<br />

purpose of money laundering and terrorism<br />

financing''.<br />

Analyzer: Ministry of Finance in cooperation<br />

with the Anti Money-Laundering<br />

Agency<br />

Rok: II quarter<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

Commission for Political System and Internal<br />

Policy<br />

9.Draft Law on State Aid Control<br />

This Law will regulate general conditions<br />

and rules for preparation, allocation, control<br />

of allocation and usage of state aid, and subsequent<br />

state aid approval and reimbursement.<br />

Analyzer: Ministry of Finance<br />

Rok: II quarter<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

10. Draft Law on Tax Advisors<br />

This Law will regulate the tax advisors activities<br />

as an independent and autonomous<br />

occupation, their authorizations and obligations,<br />

aiming at creation of better prerequisites<br />

for a more efficient tax laws application.<br />

Analyzer: Ministry of Finance<br />

Rok: II quarter<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

11.Draft Law on Budget of the Republic<br />

of Montenegro for 2007<br />

Analyzer: Ministry of Finance<br />

Term: November, 30, 2006<br />

Working groups in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

Commission for Economic Policy and<br />

Economic Development<br />

Commission for Political System and Internal<br />

Policy<br />

Commission for Budget<br />

12.Draft Law on Amendments and<br />

Supplements of the Law on Local Self-<br />

Governanace Funding<br />

This Law will bring about improvement<br />

of the existing solutions, which are related<br />

to specifying the criteria to be used for allocation<br />

of funds of the Equalization Fund,<br />

as well as specifying own source revenues<br />

types, which can be introduced by municipalities<br />

in the framework of their regulations.<br />

Analyzer: Ministry of Finance in cooperation<br />

with the Ministry of Justice<br />

Rok: III quarter<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

Commission for Political System and Internal<br />

Policy<br />

13.Draft Law on Amendments and<br />

Supplements of the Customs Law<br />

This Law will make adjustments to the<br />

existing solutions with the new standards of<br />

EU, WTO, GATA, as well as the other international<br />

organizations.<br />

Analyzer: Ministry of Finance in cooperation<br />

with Minsitry for Foreign Economic<br />

Relations and European Integration and<br />

Customs Administration<br />

Rok: III quarter<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

Commission for Economic Policy and<br />

Economic Development<br />

14.Draft Law on Banks<br />

This Law will promote the solutions<br />

from the existing law, make adjustments to<br />

the international standards in this area (EU<br />

Directives and Recommendations (CAD III),<br />

Bazel II) and create prerequisites for banking<br />

market expansion by introducing foreign<br />

banks’ branches without legal entity status<br />

into the banking system.<br />

Analyzer: Ministry of Finance in cooperation<br />

with the Central Bank of Montenegro<br />

Rok: IIi quarter<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

15. Draft Law on Amendments and<br />

Supplements to the Law on Central Bank<br />

of Montenegro<br />

This Law will add new and harmonize<br />

the existing solutions with the international<br />

practice respecting the needs of adjustment<br />

to the economic ambience and development<br />

plans of Montenegro.<br />

Analyzer: Ministry of Finance in cooperation<br />

with the Central Bank of Montenegro<br />

Rok: IIi quarter<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

III. BYLAW ACTS<br />

1.Decree on appearance and contents<br />

of the control excise stamp, manner and<br />

procedure of approval, printing and issuing<br />

and manner of keeping records<br />

about issued, used and unused excise<br />

stamps<br />

This Decree will regulate, in accordance<br />

with the Law on Amendments and Supplements<br />

to the Law on Excises, appearance<br />

and contents of the control excise stamp,<br />

manner and procedure of approval, printing<br />

and issuing, manner of marking and keeping<br />

records about used and unused excise<br />

stamps.<br />

Analyzer: Ministry of Finance in cooperation<br />

with Tax Administration<br />

Rok: I quarter<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

Commission for Economic Policy and<br />

Economic Development<br />

2.Decree on Amendments to the Decree<br />

for Customs Law Implementation<br />

This Decree will provide for a relevant adjustment<br />

of terminology, in accordance with<br />

amendments and supplements to the Customs<br />

Law.<br />

Analyzer: Ministry of Finance in cooperation<br />

with the Minsitry for Foreign Economic<br />

Relations and European Integration and<br />

Customs Administration<br />

Rok: III quarter<br />

Working group in charge:<br />

Commission for Financial System and<br />

Public Expenditures<br />

Commission for Economic Policy and<br />

Economic Development<br />

40


Activities of the minister<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

Review of the most important<br />

activities of the Minister of<br />

Finance january- march 2006<br />

March 24, 2006 - Vienna: Credit Contract for Medical<br />

Equipment Procurement Funding signed between the<br />

Healthcare Fund of the Republic of Montenegro and Austrian<br />

«Erste bank»<br />

"Signing of the Credit Contract<br />

for Medical Equipment Procurement<br />

Funding between the<br />

Healthcare Fund of the Republic of<br />

Montenegro and Austrian «Erste<br />

bank», to the total amount of<br />

4.108.250,00 Euro".<br />

“Arrangement with the “ Erste<br />

bank” enabled the procurement of<br />

high quality equipment which<br />

should promote the Montenegrin<br />

Health System and increase the<br />

possibilities of our citizens’ medical<br />

treatment, said the Minister Lukšić.<br />

The arrangement is very favorable,<br />

approved according to the OECD conventional conditions, and it<br />

practically consists of a significant percentage of donation, because it<br />

is subsidized by the Austrian Government”.<br />

March 20, 2006 – The Minister of Finance Igor Lukšić held<br />

talks with the Ambassador of India to Serbia and Montenegro<br />

Lavania Prasad<br />

"The Minister Lukšić pointed to the results achieved by the Government<br />

in the framework of the overall Montenegrin economic<br />

system improvement, informed about the basic macroeconomic indicators<br />

and emphasized successive improvement, which was evidently<br />

achieved in the last three years. He said that realization of stabilization<br />

measures and structural reforms led to constant increase of real<br />

GDP growth in the last four years so that the preliminary estimated<br />

rate for 2005 amounted to 4,1% and informed that the consolidated<br />

budget deficit was around 2,7% of GDP in 2005, and aggregate<br />

consolidated expenditure in the last years decreased from over<br />

48% in 2003 to 46% in 2005 with the plan of 44,5% of GDP in 2006.<br />

In addition, the Minister Lukšić pointed to the successful finalization<br />

of arrangement with the IMF, good cooperation with the World Bank<br />

and underlined that he expected also the integration process acceleration<br />

in the forthcoming period".<br />

March 16, 2006 – Statement of the Minister of Finance Igor<br />

Lukšić following the session of the Government of the Republic<br />

of Montenegro on the occasion of Information on the Project<br />

"1000 housing credits", Proposal for keeping records of savers<br />

who are the citizens of Montenegro, who deposited foreign<br />

currency savings with the banks outside the territory of<br />

Montenegro and Analysis of the tax policy realization for<br />

2005.<br />

“Thousand of housing credits with the interest rate of four percent.<br />

The banks will calculate the interest rate of 6.4 percent and the<br />

Government will subsidize 2.4 percent. The credits will not be offered<br />

only to the Public Administration but also to the wider public”. Neither<br />

the European states have cheap housing credits”.<br />

March 14, 2006 – Receipts of the Republican Budget for the<br />

period from January 1 to February 28, 2006<br />

"Own source revenues in February 2006 are higher by 15,36% in<br />

comparison to the planned and by 52,33% in comparison to realization<br />

in February 2005.<br />

Higher realization in comparison to the plan has been evident in<br />

relation to all kinds of revenues (Personal Income Tax by 3,14%; Corporate<br />

Income Tax by 2,7 times; Tax on Transfer of Real Estate and<br />

Rights by 63,98%; Value Added Tax by 24,71%, Excises by 8,89%; International<br />

Trade and Transactions Tax by 27,19%, other republican<br />

taxes by 41,92%; fees by 27,67%; compensations by 53,74%).<br />

Higher realization in February 2006 has been evident in relation<br />

to all own source revenues in comparison to the same month of the<br />

previous year.<br />

Receipts of the Republican Budget for the first two months of<br />

2006 have been realized to the amount of 62.340.387,30 eur.<br />

Own source revenues earned to the amount of 61.650.449,41 eur,<br />

for January and February 2006 are higher by 9.009.524,97 eur or<br />

17,12% in comparison to the planned and by 20.626.372,96 eur or<br />

50,28% in comparison to the same period in 2005.<br />

Higher realization has been evidently achieved in relation to all<br />

kinds of taxes in this period (except for the Personal Income Tax -<br />

92,97%), court fees, compensation for games of chance organization,<br />

compensation for roads and revenues earned by the institutions’ performance<br />

of duties ".<br />

41


Activities of the minister<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

March 10, 2006 – Minister of Finance Igor Lukšić hosted a<br />

working lunch with the media representatives<br />

- TOPIC: Stabilization and Association Process and negotiations<br />

on Stabilization and Association of Montenegro to the<br />

European Union.<br />

“The Government will soon complete the draft Law on State Aid,<br />

which should introduce European standards to Montenegro. It represents<br />

another condition to be met in order to access the European<br />

Union. European regulations imply that it is allowed to assist the<br />

industrial branches as whole, not individual enterprises”.<br />

gorička bank and emphasized that it was very significant, both in the<br />

view of regaining the citizens’ confidence into the banking system<br />

and the overall reform and development of banking sector in Montenegro.<br />

He pointed out that this example proved that investment<br />

risks in Montenegro show tendency of significant decrease and that<br />

signing the agreement with one of the biggest European banks,<br />

which entered the Montenegrin market, would bring about increase<br />

in competition of domestic banking system, what was a justified belief.<br />

It was jointly assessed that Podgorička bank privatization was<br />

one of the most significant and very successful privatizations – implemented<br />

in the last period, as well as that, on the basis of the up<br />

to now results, numerous positive breakthroughs could be stated since<br />

«Societe General» arrived.<br />

Mart 3, 2006 – Parliament of the Republic of Montenegro<br />

at the session from March 1, 2006 adopted the Law on Referendum<br />

on State – Legal Status of the Republic of Montenegro,<br />

which was published in the "Official Gazette of the Republic<br />

of Montenegro“, No 12/06.<br />

Pursuant to the provisions of the aforementioned law (Article<br />

34), funds for implementation of the referendum shall be provided<br />

from the budgetary funds of the Republic. Apart from the funds for<br />

implementation of the referendum, the amount of 2.000.000,00 eur<br />

will be allocated from the budgetary funds not later than three days<br />

after the decision is made to call the referendum for the purpose of<br />

the referendum campaign funding for both referendum options<br />

(1.000.000,00eur for each referendum option). Funds for the referendum<br />

campaign funding are to be allocated to the referendum campaign<br />

entities, registered in accordance with the quoted law, who<br />

shall be obliged, pursuant to the provisions of Article 39 of the Law,<br />

to open a special giro account with an organ authorized to perform<br />

payment operations, which can not be used for other purposes but<br />

for collection of funds for the referendum campaign costs funding<br />

and for all payments linked to the referendum campaign costs funding.<br />

January 17, 2006 – Minister of Finance Dr Igor Lukšić took<br />

part in the Euromoney Conference in Vienna<br />

Minister Lukšić presented progress in achieving macroeconomic<br />

stability and economic indicators realization. He presented challenges<br />

in the framework of economic policy for the next period and emphasized<br />

the investment opportunities for the territory of Montenegro.<br />

It was underlined that important political processes in Montenegro,<br />

first of all, the referendum on independence in May, would not<br />

influence the economic developments and reform processes, which<br />

had no alternative.<br />

PR SERVICE OF THE MINISTRY<br />

Spokesperson, Ana Miljanić<br />

Senior employee I, Maja Bašić<br />

March 9, 2006 – The Minister of Finance Dr Igor Lukšić<br />

held talks with the delegation of the French Bank "Societe Generale"<br />

and Director General of "Podgorička bank" Mladen Rabrenović<br />

"Minister Lukšić expressed his satisfaction over the arrival of «Societe<br />

Generale» to Montenegro and successful privatization of Pod-<br />

42


Macrofiscal report<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

Report on macrofiscal developments<br />

in the 1st quarter of 2006<br />

The Report on macrofiscal developments in the 1 st quarter of 2006<br />

has been based on data under the financial statements of the budget of<br />

the Republic of Montenegro, extrabudgetary funds and local self-government<br />

units. The objective of the Report is to monitor realization of<br />

planned macrofiscal dimensions quarterly.<br />

Objectives of the public spending policy in 2006 include: continuation<br />

of the reforms implementation towards the accession to the EU;<br />

formalization of the grey economy; competition protection and<br />

improvement of competitiveness; companies and banks restructuring;<br />

and maintaining macroeconomic stability together with reduction of<br />

the public spending.<br />

Public spending in 2006 is projected to the amount of 785,26 mil.<br />

eur, or 44,64% of the GDP of the Republic of Montenegro. Deficit in<br />

public spending is projected to amount 38,77 mil. eur or 2,2 % of GDP.<br />

1. PUBLIC SPENDING<br />

Public spending in the first quarter of 2006 amounted to 174.13<br />

mil.eur. Deficit in public spending in the same period amounted to 1.99<br />

mil.eur, out of which Government budget deficit accounts for 5.49 mil.eur,<br />

Pension and Disability Insurance Fund - 0.63 mil.eur , Health Insurance<br />

Fund- 0.46 mil.eur and local self-governments - 0.69 mil.eur. The<br />

Employment Agency has made a surplus to the amount of 3.50 mil.eur.<br />

Deficit in public spending, together with net repayment of domestic<br />

and foreign debt, was financed from the privatization receipts to the<br />

amount of 3.59 mil.eur and by reduction of deposit by 7.99 mil.eur.<br />

The Table below shows public spending realized in the first quarter<br />

of 2006:<br />

Total deficit in public spending on cash basis amounted 1.99 mil.eur<br />

for the first quarter of this year. The deficit was realized as follows:<br />

Government budget: to the amount of 5.49 mil.eur and was covered<br />

by the privatization receipts to the amount of 0.65 mil.eur, and by<br />

reduction of deposit to the amount of 11.19 mil.eur.<br />

Pension and Disability Insurance Fund: to the amount of 0.63<br />

mil.eur and was covered by the privatization receipts to the amount of<br />

2.51 mil.eur.<br />

Health Insurance Fund realized deficit in the first quarter to the<br />

amount of 0.46 mil.eur and was financed by reduction of deposit at the<br />

amount of 1.77 mil.eur<br />

Employment Agency has made a surplus to the amount of 3.50<br />

mil.eur , and if income from the sold property to the amount of 0.42<br />

mil.eur is added to the above sum, the deposit amounts to 3.92 mil.eur.<br />

Local self-government has realized deficit to the amount of 0.69 mil.eur,<br />

which was financed by reduction of deposit to the amount of 2.06 mil eur<br />

and net repayment of domestic credits to the amount of 1.43 mil.eur.<br />

2. BUDGET OF THE REPUBLIC OF MONTENEGRO<br />

Current revenues of the Budget of the Republic of Montenegro in<br />

the first quarter of 2006 amounted to 102.88 mil. eur, representing an<br />

increase by 16,54 % as compared to those planned for the same period.<br />

As compared to the same period in 2005, the current revenues are higher<br />

by 42,65 %.<br />

Revenues realized in the first quarter are higher than those planned,<br />

providing conditions for budget execution as planned, provided that<br />

planned dynamics of increase is realized by the end of current year.<br />

Positive trend was particularly achieved with respect to the following<br />

types of revenues:<br />

Corporate Income Tax is higher by 1,77 mil. eur, or 89,05 % as<br />

compared to the plan for the same period,<br />

Real Estate & Rights Transfer Tax is higher by 0,3 mil. eur, or<br />

52,33 % as compared to the plan for the same period,<br />

Value Added Tax is higher by 13,51 mil. eur, or 36,05 % as compared<br />

to the plan for the same period in 2006, which is in line with<br />

increasing trend in collection of this type of tax,<br />

International Trade and Transactions Tax is higher by 2,19<br />

mil. eur, or 28,09 % as compared to the plan for the 1 st quarter of<br />

2006.<br />

Expenditures of the Budget of the Republic of Montenegro for the<br />

period from January to March 2006, are executed to the amount of<br />

109.10 mil. eur, being lower by 22.04 % than expenditures planned for<br />

the 1 st quarter of 2006.<br />

The following Table shows a comparative review of receipts and<br />

expenditures of the Budget of the Republic of Montenegro realized in<br />

the 1 st quarter of 2006.<br />

3. PENSION AND DISABILITY INSURANCE FUND<br />

Review of receipts and expenditures realized by the Pension and<br />

Disability Insurance Fund in the 1 st quarter of 2006 is given in the following<br />

Table:<br />

Current revenues of the Pension and Disability Insurance Fund are<br />

realized to the amount of 26,57 mil. eur, being lower than planned by<br />

4,13 mil. eur. In the first quarter of 2006, contributions were collected<br />

to the amount of 26,26 mil. eur, being lower than planned by 4,24 mil.<br />

eur. Transfers from budget amounted to 13,14 mil. eur, being lower than<br />

planned ones by 4,19 mil eur.<br />

Total spending by the Pension and Disability Insurance Fund<br />

amounts to 40,72 mil. eur, being lower than planned by 7,31 mil. eur,<br />

mainly due to the Fund’s incapability to fully meet its liabilities to the<br />

Health Insurance Fund with respect to the health care of pensioners.<br />

Deficit of the Pension and Disability Insurance Fund amounted to 0,63<br />

mil. eur.<br />

4. REPUBLIC HEALTH INSURANCE FUND<br />

Total revenues realized by the Health Insurance Fund amounted to<br />

17,59 mil. eur, which is lower than planned by 1.77 mil. eur. Revenues<br />

from contributions amount to 16.20 mil. eur, being lower than planned<br />

by 2.96 mil.eur, while received transfers amount to 4,73 mil. eur, being<br />

lower than planned by 3.86 mil.eur.<br />

Review of revenues and expenditures of the Health Insurance Fund in<br />

the period from January to March 2006 is given in the following Table:<br />

5. EMPLOYMENT AGENCY OF MONTENEGRO<br />

Total receipts of the Employment Agency of Montenegro amounted<br />

to 9.07 mil. eur, being higher than planned by 57.10% mil. eur. Revenues<br />

from contributions amount to 1.08 mil. eur, being lower than planned<br />

43


Macrofiscal report<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

44


Macrofiscal report<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

45


Macrofiscal report<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

by 18.05 %. Other revenues amount to 2.32<br />

mil.eur, out of which 2.22 mil.eur is related<br />

to enforcement of claims from the previous<br />

year and 0.09 mil.eur is related to yield on<br />

capital. Received transfers amount to 1.39<br />

mil.eur mil. eur, being in line with the plan<br />

for the 1 st quarter of 2006. The Agency made<br />

a surplus to the amount of .50 mil. eur,<br />

which, together with revenues from the sale<br />

of property amounting to 0.42 mil.eur, led to<br />

increase of deposit to the amount of 3.92<br />

mil.eur.<br />

Review of receipts and expenditures of<br />

the Employment Agency of Montenegro in<br />

the 1 st quarter of 2006 is given in the following<br />

Table:<br />

6. LOCAL SELF-GOVERNMENT<br />

Current revenues of the local self-government<br />

amounted to 15.22 mil.eur, in the<br />

first quarter of 2006, being lower by 13.84 %<br />

than planned for the first quarter of 2006.<br />

Current expenditures amounted to 16.10<br />

mil.eur, being lower by 10.94% than<br />

planned for the first quarter of 2006. Thus,<br />

the deficit was realized to the amount of<br />

0.69 mil.eur, which was financed by reduction<br />

of deposit.<br />

7. INDUSTRIAL PRODUCTION<br />

Industrial production in Montenegro in<br />

March this year has been increased according<br />

46


Macrofiscal report<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

to all indicators as follows: comparing to<br />

average production per month as of last year-<br />

6,8%; comparing to previous month of this<br />

year - 11,3%; comparing to the same month<br />

of the last year - 3,0% and for the period<br />

from January to March this year as compared<br />

to the same period last year - 4,4%.<br />

9. COST OF LIVING<br />

8. RETAIL PRICES<br />

Retail prices in the Republic of<br />

Montenegro in March 2006 were only higher<br />

by 0,1% as compared to February.<br />

Retail prices’ rate of growth in March<br />

2006 was higher by 0,5% as compared to<br />

December, or inflation for the first three<br />

months this year is only 0,5%.<br />

Increase of retail prices of items and services<br />

for personal consumption i.e. living costs<br />

in March 2006 was higher by 0,2% as compared<br />

to February.<br />

10. EARNINGS<br />

Average earnings in March 2006 in<br />

Montenegro amounted to EUR 362,93, while<br />

average earnings without taxes and contributions<br />

amounted to EUR235,63.<br />

As compared to February, average earnings<br />

without taxes and contributions were<br />

47


Macrofiscal report<br />

BULLETIN OF THE MINISTRY OF FINANCE/JANUARY-MARCH 2006<br />

increased in March by 2,32%.<br />

Given the fact that the living costs in<br />

March this year were increased by 0,2% as<br />

compared to February, real earnings in our<br />

Republic were increased by 2,12% in March<br />

this year.<br />

CONCLUDING REMARKS<br />

Public spending in the first quarter of<br />

2006 was realized to the amount of 174,13<br />

mil. eur, being lower than planned by 17 %.<br />

Deficit of public spending in the first<br />

quarter of 2006 was realized to the amount<br />

of 1.99 mil. eur, being lower than planned, as<br />

follows: Government Budget- 5,49 mil eur;<br />

Pension and Disability Insurance Fund- 0,63<br />

mil. eur; Health Insurance Fund- 0,46 mil.<br />

eur; and local self-government - 0,69 mil. eur.<br />

Employment Agency made a surplus to the<br />

amount of 3,50 mil. eur.<br />

Consolidated public spending in the first<br />

quarter of 2006 was realized to the amount<br />

of 174,13 mil. eur, and was financed from:<br />

taxes to the amount of 103,00 mil. eur; contributions<br />

to the amount of 43,55 mil. eur;<br />

stamp duties and fees to the amount of 4,81<br />

mil. eur; charges to the amount of 6,00 mil.<br />

eur; and other revenues (including receipts<br />

from loan repayment) to the amount of<br />

14,78 mil. eur. Realized revenues as compared<br />

to planned amounts show that in the first<br />

quarter of 2006, revenues from taxes, stamp<br />

duties and fees and receipts from loan repayment<br />

and funds transferred from the preceding<br />

year were higher than planned, while revenues<br />

from contributions and charges as well<br />

as other revenues were lower than planned.<br />

High level of tax revenues is based on value<br />

added tax, corporate income tax and customs<br />

duties collection.<br />

Macroeconomic developments in the<br />

first quarter of 2006 have positive trend.<br />

Industrial production for the period from<br />

January to March 2006 is higher by 4,4% as<br />

compared to the same period in 2005.<br />

Cumulative growth rate of retail prices is<br />

higher by 2,5% in the period from January-<br />

March 2006 as compared to the same period<br />

last year. Living costs in February 2006 are<br />

increased by 2,9% as compared to same<br />

month in 2005. As living costs were increased<br />

by 0,3% in February 2006 as compared to the<br />

previous month, real earnings in<br />

Montenegro were increased by 11,87% in<br />

February 2006.<br />

The Ministry of Finance will undertake<br />

measures for efficient collection of public revenues,<br />

particularly with respect to personal<br />

income tax and customs duties, as well as for<br />

a more regular payment of transfers in the<br />

public spending system.<br />

48

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