The EU Council has determined that Montenegro's competition policy is aligned with the EU acquis as of 1 April 2026, provisionally closing Chapter 8 of accession negotiations without requiring further negotiations at this stage, subject to continued monitoring. The assessment, contained in a common position document dated 10 July 2026 and scheduled for adoption at the 14 July 2026 Council meeting, confirms that Montenegro has adopted key legislation aligning with EU competition and state aid rules, including a 2026 Law on protection of competition and a 2025 Law on State aid control.
Montenegro's Agency for the Protection of Competition (APC) now has sufficient powers, strengthened administrative capacity, and growing budgets, with misdemeanour courts demonstrating effective enforcement. The APC also handles state aid control. The EU notes that Montenegro conducted four ex officio investigations into Montenegro Airlines between 2019 and 2024, issuing three recovery decisions, and is investigating economic continuity with successor airline ToMontenegro. The Council invites Montenegro to submit six-monthly reports on this case. For Kombinat Aluminijuma Podgorica (KAP), a 2016 decision found no economic continuity with new owners, and Uniprom ceased operations in December 2021 without incompatible aid. Regarding the Bar-Boljare highway, the APC found no incompatible aid in financing sections Smokovac-Mateševo and Mateševo-Andrijevica.
Montenegro must draw up a list of pre-accession aid measures to be considered existing aid post-accession, for Commission review. Aid measures over ten years old before accession will automatically be considered existing aid. All other aid measures still applicable after accession are new aid and require notification under Article 108 TFEU. Montenegro has no state monopolies of a commercial character under Article 37 TFEU.
The provisional closure of Chapter 8 means Montenegro must sustain alignment, enforcement, and reporting on specific state aid cases (Montenegro Airlines, KAP, Bar-Boljare highway) and submit an existing aid list to the Commission before accession. The decision impacts Montenegro's accession timeline, the APC's ongoing enforcement obligations, and potential claimants in competition damage cases under the new compensation law. The European Commission will continue monitoring Montenegro's compliance through regular reports.