BILATERAL SCREENING MEETING Examination of the Preparedness of Serbia in the field of Chapter 14 Transport Policy Road Transport

Transcription

1 Republic of Serbia BILATERAL SCREENING MEETING Examination of the Preparedness of Serbia in the field of Chapter 14 Transport Policy Road Transport Brussels, February 2015

2 ROAD TRANSPORT Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC Commission Decision 2009/992/EU of 17 December 2009 Commission Regulation (EU) No 1213/2010 of 16 December 2010 Regulation (EC) No 613/2013 of the European Parliament and of the Council of 9 July 2013 Regulation (EC) No 517/2013 of the European Parliament and of the Council of 13 May 2013 Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market Regulation (EC) No 612/2013 of the European Parliament and of the Council of 9 July

3 CONTENT Institutional Framework Legislative Framework Current and Upcoming Activities Admission to the occupation of road operator Access to the haulage market Access to the market for International Passengers transport Interbus agreement Models of documents for passengers transport Tariffs Hired vehicles 3

4 INSTITUTIONAL FRAMEWORK Road transport Ministry of Construction, Transport and Infrastructure Sector for Road Transport, Roads and Traffic Safety Sector for Inspection Ministry of Finance Custom Administration 4

5 Legislative Framework -Road transport Agreements on international road transport of passengers and goods between the government of the Republic of Serbia and other Parties Convention on the Contract for the International Carriage of Goods by Road (CMR), of 19 May 1956 Convention on the Contract for the International Carriage of Passengers and Luggage by Road (CVR), of 1 March 1973 Customs Convention on the International Transport of Goods under Cover of TIR Carnets (TIR Convention), of 14 November 1975 Development strategy of rail, road, inland waterways and intermodal transport in the Republic of Serbia ( ) 5

6 Legislative Framework -Road transport Law on Road Transport (The Official Gazette of the Republic of Serbia, No 44/95, 66/2001, 61/2005, 91/2005 and 31/2011) Law on International Road Transport (The Official Gazette of FRY, No 60/98, 44/99, 4/2000, The Official Gazette of the Republic of Serbia No 101/05 and 18/2010) Law on Contract for Road Transport (The Official Gazette of FRY, No 26/95 and The Official Gazette of SCG, No 1/2003-Constitutional Charter) Law on Road Traffic Safety ("Official Gazette of the RS", No 41/09, 53/10, 101/11, 32/13 Constitutional Court decision and 55/14) 6

7 Legislative Framework - Road transport Rulebook of technical and operational requirements to be fulfilled by heavy goods vehicles and coaches in international road public transport (The Official Gazette of the Republic of Serbia No. 73/2013) Rulebook on the content of elaboration on economic justification of establishment of route, solvency of the local transport operator and on the manner of determining of local transport operator for establishment of a route in the international public transport of passengers (The Official Gazette of FRY, No. 19/2000, and The Official Gazette of the Republic of Serbia, No. 20/2004 and 91/2006) General terms for commercial operations of bus stations (Official Gazette of the Republic of Serbia, No 26/2008 and 68/2012 decision of the Constitutional Court) General terms of road transport of passengers in the intercity road traffic (The Official Gazette of the Republic of Serbia, No. 102/2009, 120/2012, 2/2014 and 3/ correction) 7

8 ADMISSION TO THE OCCUPATION OF ROAD OPERATOR Serbian Legislative Framework Law on Road Transport Law on International Road Transport EU Legislative Framework Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC 8

9 ADMISSION TO THE OCCUPATION OF ROAD OPERATOR Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009, Commission Decision 2009/992/EU of 17 December 2009 and Commission Regulation (EU) No 1213/2010 of 16 December 2010 EU legislation (main elements) Establishment Proffesional competence Transport manager Good repute Financial standing ERRU (electronic registers) Additional requirements Serbian legislation Transport company registrated in Republic of Serbia withouth regulated effective and stable establishment Responisble persons in transport company (international transport) have to fullfill the requirement regarding education Employed drivers (international transport) shall not be convicted for serious violation of the Low on road traffic safety 100 Euros/bus passinger seat/tonne of the Permissible Laden Weight (PLW) for international transport. Min 2500 Euros/vehicle Not regulated For international transport three years of performing transport expiriance in national transport and adequate number of vehicles in ownership of the transport company. 9

10 ADMISSION TO THE OCCUPATION OF ROAD OPERATOR CURRENT AND UPCOMING ACTIVITIES Harmonization into national law at the possible extent Regulation (EC) No 1071/2009, Regulation (EC) No 613/2013 of the European Parliament and of the Council of 9 July 2013, Regulation (EC) No 517/2013 of the European Parliament and of the Council of 13 May 2013, Commission Decision 2009/992/EU of 17 December 2009 and Commission Regulation (EU) No 1213/2010 of 16 December 2010 Draft Law on transport of goods Draft Law on transport of passengers 10

11 ACCESS TO THE HAULAGE MARKET Serbian Legislative Framework Law on International Road Transport Rulebook of technical and operational requirements to be fulfilled by heavy goods vehicles and coaches in international road public transport Bilateral agreements EU Legislative Framework Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market 11

12 ACCESS TO THE HAULAGE MARKET EU legislation (main elements) Community license Driver attestation Bilateral and cross-trade liberalization Cabotage limited Mutual assistence Reporting Additional requirements Serbian legislation Approval for international carriage of goods in motor vehicles the Total Permissible Laden Weight (TPLW), including the trailers, does not exceed 3,5 tones Certified copy shall be on board of the truck performing transport activity Validity is not defined Not regulated Depending on bilateral agreements (liberalization with EU: SLO, CRO, HUN, RO, SK, LV and EST). Republic of Serbia yearly exchange more then single permits from witch almost with EU countries. Performing transport activities with 5 EU countries is possible only with multilateral ECMT permits Forbiden exept with special permit in case when Serbian hauliers don t have adequate transport capacities Depending on bilateral and multilateral agreements Not regulated For international transport two vehicles and in domestic one vehicle own by the transport company 12

13 ACCESS TO THE HAULAGE MARKET CURRENT AND UPCOMING ACTIVITIES Harmonization into national law at the possible extent Regulation (EC) No 1072/2009, Regulation (EC) No 612/2013 of the European Parliament and of the Council of 9 July 2013 and Regulation (EC) No 517/2013 of the European Parliament and of the Council of 13 May 2013 Draft Law on Transport of Goods 13

14 ROAD TRANSPORT Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 Regulation (EC) No 611/2013 of the European Parliament and of the Council of 9 July 2013 Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) Commission Regulation (EU) No 361/2014 of 9 April 2014 laying down detailed rules for the application of Regulation (EC) No 1073/2009 as regards documents for the international carriage of passengers by coach and bus and repealing Commission Regulation (EC) No 2121/98 Council Regulation (EEC) No 4058/89 of 21 December 1989 on the fixing of rates for the carriage of goods by road between Member States Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles hired without drivers for the carriage of goods by road 14

15 ACCESS TO THE MARKET FOR INTERNATIONAL PASSENGERS TRANSPORT Serbian Legislative Framework Law on Road Transport Law on International Road Transport Rulebook on the content of elaboration on economic justification of establishment of route, solvency of the local transport operator and on the manner of determining of local transport operator for establishment of a route in the international public transport of passengers Bilateral agreements EU Legislative Framework Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/

16 ACCESS TO THE MARKET FOR INTERNATIONAL PASSENGERS TRANSPORT EU legislation (main elements) Community license Serbian legislation Approval for international carriage of passengers in busses and coaches with more than 8+1 seats including driver (regular, occasional and shuttle services) Certified copy has to be in the bus during transport of passengers Validity is not defined Cross-border transport liberalised Regular services is under license with maximum five years of validity Special regular services is not regulated by the Law on International Road Transport, only by bilateral agreements Occasional services is regulated with national legislation and by bilateral agreements Shuttle services is regulated with national legislation and by bilateral agreements Cabotage restricted 12-day rule Reporting Additional requirements Forbiden exept with special permit in case when Serbian carriers don t have adequate transport capacities Harmonized with AETR Agreement Not regulated For international transport three buses for regular services and two buses for occasional and shuttle services own by the transport company 16

17 ACCESS TO THE MARKET FOR INTERNATIONAL PASSENGERS TRANSPORT Occasional services Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) Law on International Road Transport Rulebook on technical and operational requirements to be fulfilled by heavy goods vehicles and coaches in international public transport on roads Bilateral agreements Serbian legislation is not harmonized with Interbus Agreement and Upcoming activities: Serbia is not yet a member of Interbus Harmonization with Interbus Agreement through Draft Law on the road transport of passengers and procedure of accession 17

18 ACCESS TO THE MARKET FOR INTERNATIONAL PASSENGERS TRANSPORT CURRENT AND UPCOMING ACTIVITIES Harmonization into national law at the possible extent Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006, Regulation (EC) No 611/2013 of the European Parliament and of the Council of 9 July 2013 and Regulation (EC) No 517/2013 of the European Parliament and of the Council of 13 May 2013 Draft Law on Road Passengers Transport 18

19 MODELS OF DOCUMENTS FOR PASSENGERS TRANSPORT Serbian Legislative Framework Law on International Road Transport Rulebook on the Form of the Permit for International Passengers Transport Rulebook on the Passenger Waybill EU Legislative Framework Commission Regulation (EU) No 361/2014 of 9 April 2014 laying down detailed rules for the application of Regulation (EC) No 1073/2009 as regards documents for the international carriage of passengers by coach and bus and repealing Commission Regulation (EC) No 2121/98 19

20 MODELS OF DOCUMENTS FOR PASSENGERS TRANSPORT Rulebook on the Form of the Permit for International Passengers Transport Bilateral permit for regular passenger services for domestic operator Bilateral permit for regular passenger services for foreign operator Transit permit for regular passenger services for foreign operator Permit for other occasional services Permit for empty bus ride Permit for shuttle services Cabotage permit 20

21 MODELS OF DOCUMENTS FOR PASSENGERS TRANSPORT Rulebook on the Passenger Waybill First page of the passenger waybill for international occasional coach service Last page of the passenger waybill for international occasional coach service 21

22 MODELS OF DOCUMENTS FOR PASSENGERS TRANSPORT CURRENT AND UPCOMING ACTIVITIES Harmonization into national law Commission Regulation (EU) No 361/2014 of 9 April 2014 laying down detailed rules for the application of Regulation (EC) No 1073/2009 as regards documents for the international carriage of passengers by coach and bus and repealing Commission Regulation (EC) No 2121/98 Draft Law on Road Passengers Transport 22

23 TARRIFS Serbian Legislative Framework Law on Contract for Road Transport EU Legislative Framework Council Regulation (EEC) No 4058/89 of 21 December 1989 on the fixing of rates for the carriage of goods by road between Member States 23

24 HIRED VEHICLES Serbian Legislative Framework Law on Road Transport Law on International Road Transport Law on Road Traffic Safety EU Legislative Framework Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles hired without drivers for the carriage of goods by road 24

25 HIRED VEHICLES EU legislation (main elements) Serbian legislation The vehicle is registered or put into circulation in compliance with the laws in the latter Member State The vehicles that perform road transport of goods must be registered on the territory of the Republic of Serbia. Driven by company personnel Harmonized Documentation on board the vehicle Harmonized 25

26 HIRED VEHICLES CURRENT AND UPCOMING ACTIVITIES Harmonization into national law at the possible extent Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles hired without drivers for the carriage of goods by road Draft Law on Transport of goods 26

27 Thank you for your attention Ministry of Construction, Transport and Infrastructure 27