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Charter of Nautical Tourism Vessels in Croatian and Montenegrin Law - Similarities and Differences

Before Croatia became the member state of the European Union the activities of renting vessels were performed by natural or legal persons – charter companies registered for that purpose in the Republic of Croatia. These charter companies could rent their own vessels or those owned by other domestic natural or legal persons, which was regulated by the 2005 Ordinance on the conditions to be met by vessels, and natural or legal person performing the activity of leasing vessels. This practice was radically changed by the Croatian accession to the European Union. Since then, the charter business can also be performed by vessels flying flags of the European Union Member States, and to a limited extent, by vessels under the flag of the third country which have been authorized for cabotage by the Ministry responsible for maritime affairs. In Montenegro, the renting of nautical tourism vessels is regulated by the Law on Yachts, as well as the Law on Tourism, which consider the activities of renting navigation facilities for rest, recreation and sailing as a kind of tourist service in nautical tourism. The renting of nautical tourism vessels is performed by a company or entrepreneur (legal or natural person) registered in Montenegro for that kind of activity. It is possible to rent own vessels, or ones belonging to another domestic or foreign legal or natural person. In this regard, the vessels can fly domestic or foreign flags. The Montenegrin laws are more liberal at present than the regulations that were in force in the Republic of Croatia before the European Union accession. However, it will be necessary to amend existing provisions in the process of harmonization of Montenegrin legislation with the European Union acquis.

charter business, charter companies, nautical tourism vessels, cabotage

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