Chapter 14: Transport policy EU transport policy is aimed at sustainable mobility combining Europe’s competitiveness with the welfare of its citizens, making for greater safety and security and enhanced rights. It is an essential component of the Lisbon strategy and contributes to the EU’s social and territorial cohesion. The objectives of EU transport policy are establishing efficient transportation systems offering a high level of sustainable mobility throughout the Union, ensuring high quality standards for safety, security and passenger rights and improving working conditions. The EU's sustainable transport policy requires our transport systems to meet society’s economic, social and environmental needs. Transport policy is governed by Title VI – Articles 90 and 100 of the Treaty on the Functioning of the European Union (TFUE). The acquis consists of regulations, decisions and directives. Their implementation has to be ensured by the day of accession. I. BASIC TRENDS AND DATA OF THE TRANSPORT SECTOR Basic data should be provided by completing the attached charts in Annex 1. II. MARKET STRUCTURE AND BASIC TRENDS FOR EACH MODE OF TRANSPORT A. Road Transport Conditions of access to market and profession 1) What are the rules governing access to the profession for operators engaged in national and/or international transport of passengers and goods? How and by whom is this legislation enforced? To which extent are the four criteria for access to the occupation of road transport operator met? Laws governing the road transport and stipulating, for national transport operators, the conditions for access to the profession for operators in international and national road transport of passengers and goods are as follows: - the Law on International Road Transport (‘Official Journal of FRY’ No. 60/98, 5/99, 44/99, 74/99, 4/00, ‘Official Gazette of RS’, No. 101/05 and 18/10 of 26 March 2010) - the Law on Road Transport (‘Official Gazette of RS' No. 46/95, 66/01, 61/05, 91/05, 62/06 of 19 July 2006). Ministry of Infrastructure of the Republic of Serbia, i.e. is responsible for the implementation of both laws. The Law on International Road Transport enables access to the profession for the road transport operators (legal persons) meeting the following criteria: - Previous national transport engagement period - financial standing - technical equipment - professional qualification Mandatory previous national transport engagement period is three years. The national road operator is to have been engaged for three years in the corresponding type of the national road transport and that is corroborated by a decision on the fulfilment of conditions for launching 1 and performing public passenger and goods transport for the national road transport operator, in compliance with the Law on Road Transport. Financial standing implies that the transport operator has at his disposal certain bank balances (amounting to 100 Euros per coach seat or per ton of maximum transport capacity of a large goods vehicle, yet not less than 2500 Euros per vehicle). Technical equipment means fulfilment of conditions in terms of technical features that coaches or large goods vehicles must meet and in terms of a number of coaches or large goods vehicles (1. ownership of minimum three coaches per one line and of an additional coach for every new line 2. ownership of minimum two coaches for charter coach services 3. ownership of minimum two large goods vehicles for international carriage of goods). National transport operator may as well perform international transport using hired or leased vehicles. Professional qualification implies that a manager or a responsible person had received relevant education and that he possesses required professional experience. By virtue of the amendments to the Law on International Road Transport it has been stipulated that a responsible person had received an education and is in possession of professional experience, as follows: 1) Manager - completed secondary school of transport, mechanical or electrical engineering or, acquired education at second-degree studies (graduate academic studies - master, special academic studies, special professional studies) or, basic studies with a minimum four-year term in transport, mechanical or electrical engineering, as well as to hold a manager’s or responsible person’s licence; 2) Responsible person - higher education at second-degree studies (graduate academic studies – master, special vocational studies) or, basic studies with a minimum four-year term in legal sciences or transport engineering, as well as to hold a manager's or responsible person's licence. Person responsible of transport management with the received higher education in the field of legal sciences must also have a minimum three years of professional experience in transport management.’ National transport operators must align their business activities with these provisions within two years. Drivers must not be persons convicted of a road traffic criminal offence. The Ministry is responsible for the implementation of both laws. The Law on International Road Transport provides for the issue of the Certificate of Qualification for International Road Transport to a national undertaking (legal person) meeting the aforesaid conditions. Inspectorate of the Ministry of Infrastructure verifies whether all conditions have been met and issues a decision on the fulfilment of the conditions for launching and performing public passenger and goods transport for the national transport operator. Road transport operators issued with the Qualification Certificate for international public transport meet all of the previously listed criteria. Thus far, 1500 certificates were issued to the international road transport operators. Transport on own account may be performed by an undertaking or other legal person or entrepreneur or a citizen meeting conditions laid down by this law in terms of equipment, 2 appropriate parking spaces for vehicles – except for passenger cars – and of staff performing routine maintenance and vehicle roadworthiness checks. 2) What are the rules governing market access for resident operators in national and international road goods transport (Regulation 1072/2009)? How and by whom is this legislation enforced? Access to national and international goods transport market for resident transport operators is stipulated by: - the Law on International Road Transport - the Law on Road Transport - the Regulation on the Allocation Method and Criteria for Issue of Foreign Permits for International Public Goods Transport to Resident Operators (’Official Gazette of RS’, Nos 88/05 and 6/09) - bilateral agreements on international road transport Ministry of Infrastructure is responsible for the implementation of this legislation. Resident operators (meeting conditions) need no particular permit to perform domestic goods transport. Resident operators perform international goods transport mostly in the regime of permits, which are bilaterally exchanged between the Republic of Serbia and other states on an annual basis. In addition to these permits, international goods transport is performed by using CEMT, owing to the membership of the Republic of Serbia in this international organisation. Ministry of Infrastructure issues permits for international road goods transport to resident operators in accordance with the Regulation on the Allocation Methods and Criteria for Issue of Foreign Permits for International Public Goods Transport to Resident Operators. Foreign permits are issued to resident operators in accordance with the following criteria: 1) Correct use of individual permits or efficient use of time-limited and CEMT permits 2) fleet quality 3) number of drivers 4) use of fleet for certain shipment 5) use of combined transport 6) turnover generated from the supply of international goods transport services. The regulation also stipulates methods for ascertaining each of these criteria. Cabotage is not permitted to foreign operators, except in cases where no suitable transport capacity exists in the Republic of Serbia to perform certain types of transport. Ministry of Infrastructure issues cabotage permits. 3) What are the rules governing market access for national and international road passenger transport for resident operators? Are authorisations required for: a) regular services; b) special regular services; c) shuttle services (if any); d) occasional services? 3 Market access in national and international road passenger transport is governed by the following legislation: - Law on International Road Transport - Law on Road Transport - Rulebook on Contents of the Feasibility Study, Solvency of Resident Operator and Methods of Determining a Resident Operator for Launching a Line in the International Public Passenger Transport (‘Official Journal of FRY’, No. 19/2000 and 'Official Gazette of RS' Nos 20/2004 and 91/2006). - General Terms and Conditions for Intercity and Inter-republic Passenger Transport (‘Official Gazette of RS’ No. 1/06 ) - bilateral agreements on the international road transport a) Permit is required for regular line international and national passenger transport. For international transport, permit is issued for the territory of the Republic of Serbia (Ministry of Infrastructure) and for territories of all states crossed by the coach line, in accordance with the approved trip itinerary (route), with validity period of usually five years or one year in cases where no bilateral agreement is concluded with that particular