Post on 20-Mar-2018
BILATERAL SCREENING MEETING Examination of the Preparedness of Serbia in the field of
Chapter 14 – Transport Policy Road Transport
Brussels, 24-26 February 2015
Republic of Serbia
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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
2013
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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
INSTITUTIONAL FRAMEWORK
Road transport
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Ministry of Construction, Transport and Infrastructure
Sector for Road Transport, Roads and Traffic Safety Sector for Inspection
Ministry of Finance
Custom Administration
Legislative Framework -Road transport
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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 (2008-2015)
Legislative Framework -Road transport
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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)
Legislative Framework - Road transport
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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 3/2014 - correction)
ADMISSION TO THE OCCUPATION OF ROAD OPERATOR
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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
ADMISSION TO THE OCCUPATION OF ROAD OPERATOR
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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) Serbian legislation
Establishment Transport company registrated in Republic of Serbia withouth
regulated effective and stable establishment
Proffesional competence
Transport manager
Responisble persons in transport company (international
transport) have to fullfill the requirement regarding education
Good repute Employed drivers (international transport) shall not be convicted
for serious violation of the Low on road traffic safety
Financial standing 100 Euros/bus passinger seat/tonne of the Permissible Laden
Weight (PLW) for international transport. Min 2500
Euros/vehicle
ERRU (electronic registers) Not regulated
Additional requirements For international transport three years of performing transport
expiriance in national transport and adequate number of
vehicles in ownership of the transport company.
ADMISSION TO THE OCCUPATION OF ROAD OPERATOR
CURRENT AND UPCOMING ACTIVITIES
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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
ACCESS TO THE HAULAGE MARKET
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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
ACCESS TO THE HAULAGE MARKET
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EU legislation (main elements) Serbian legislation
Community license 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
Driver attestation Not regulated
Bilateral and cross-trade
liberalization
Depending on bilateral agreements (liberalization with EU: SLO,
CRO, HUN, RO, SK, LV and EST). Republic of Serbia yearly
exchange more then 300.000 single permits from witch almost
232.000 with EU countries. Performing transport activities with 5
EU countries is possible only with multilateral ECMT permits
Cabotage limited Forbiden exept with special permit in case when Serbian hauliers
don’t have adequate transport capacities
Mutual assistence Depending on bilateral and multilateral agreements
Reporting Not regulated
Additional requirements For international transport two vehicles and in domestic one
vehicle own by the transport company
ACCESS TO THE HAULAGE MARKET
CURRENT AND UPCOMING ACTIVITIES
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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
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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
ROAD TRANSPORT
ACCESS TO THE MARKET FOR INTERNATIONAL
PASSENGERS TRANSPORT
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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 561/2006
ACCESS TO THE MARKET FOR INTERNATIONAL
PASSENGERS TRANSPORT
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EU legislation (main elements) Serbian legislation
Community license 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 Forbiden exept with special permit in case when Serbian carriers don’t have
adequate transport capacities
12-day rule Harmonized with AETR Agreement
Reporting Not regulated
Additional requirements For international transport three buses for regular services and two buses for
occasional and shuttle services own by the transport company
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
Serbia is not yet a member of Interbus
Upcoming activities:
Harmonization with Interbus Agreement through Draft Law on the road transport of passengers and procedure of accession
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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
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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
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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
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First page of the passenger waybill for international occasional
coach service
Last page of the passenger waybill for international occasional
coach service
MODELS OF DOCUMENTS FOR PASSENGERS TRANSPORT
Rulebook on the Passenger Waybill
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
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TARRIFS
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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
HIRED VEHICLES
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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
HIRED VEHICLES
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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
HIRED VEHICLES
CURRENT AND UPCOMING ACTIVITIES
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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
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Thank you for your attention
Ministry of Construction, Transport and Infrastructure