“Based on the review, the Commission concludes that the criteria for closure set out in the common position have been met and that this chapter does not require further negotiations at this stage,” states the draft common position regarding this chapter, which RTCG’s correspondent in Brussels has seen.
The negotiating position is currently under consideration by working bodies of the EU Council, and the final assessment of whether Montenegro is ready to temporarily close Chapter 5 will be made by the member states.
The document states that Montenegro has made significant progress in all areas within Chapter 5, by adopting laws aligned with the EU acquis and strengthening its administrative structures and implementation capacities.
“Specifically, the country has made significant improvements since 2021, strengthening its institutional framework, implementing an e-procurement system, and making adequate progress toward a fair and transparent public procurement system that ensures value for money, competition, and strong anti-corruption safeguards. Although the anti-corruption framework specific to public procurement still requires further strengthening, there is a clear plan to address the remaining vulnerabilities, which is expected to be implemented by early 2026,” the draft common position states.
In the section concerning the chapter on public procurement, the EU emphasizes that all international agreements concluded by Montenegro must comply with the EU acquis and the Stabilization and Association Agreement between Montenegro and the EU.
“Care should be taken to avoid circumventing the application of national legislation and the EU acquis on public procurement and to respect the principles of non-discrimination, fair competition, equal treatment of companies, and transparency in procurement procedures,” the document emphasizes.
Additionally, the EU notes that the Agreement on Cooperation in Tourism and Real Estate Development, concluded on March 28, 2025, between the Government of Montenegro and the Government of the United Arab Emirates (UAE), stipulates that all contracts, programs, and further agreements with UAE investors are exempt from the procurement legislation of both countries, as well as from public tender and bidding procedures.
“It would be essential for Montenegro to ensure that the implementation of this agreement does not contradict the EU acquis on public procurement. The way the Agreement will be interpreted, applied, and enforced will need to be carefully managed. The EU is ready to assist Montenegro in this regard,” the draft common position states.
Furthermore, it is noted that Montenegro is aligned with the EU acquis in the areas of classic procurement and procurement of goods, services, or works (utilities), as well as in concessions and public-private partnerships. Alignment also exists in the areas of defense and security procurement and legal remedies.
It is emphasized that Montenegro has made further progress in revising its framework for combating corruption, conflicts of interest, and fraud in public procurement, but that additional steps are needed to address these issues.
“In this regard, given that the current definition of corruption and fraud is not sufficiently precise for the specific purposes of public procurement, Montenegro plans to resolve these issues in the coming months… Montenegro has also formally committed, in its Addendum to the negotiating position, to amend the Law on Public Procurement and the Law on the Prevention of Corruption by the second quarter of 2026, strengthening corrective mechanisms, direct violations, responsibilities, budget inspection controls, as well as enhancing the definitions of corrupt actions in public procurement, by linking the relevant provisions of the two fundamental laws,” the document states.
Additionally, Montenegro has committed to introducing a red-flag system into its electronic procurement system by the second quarter of 2026 to detect irregularities (fraud, collusion, coercion, obstruction, conflict of interest, and other corrupt actions) in procurement procedures.
The Commission will, as stated, closely monitor the implementation of these obligations.
Once it receives the “green light” from all EU member states, the chapter is expected to be closed at the Intergovernmental Conference planned for the end of June.