Twinning Project Fiche - Esteri e... · Agreement/Action Plan The Transport sector in Serbia...

STANDARD TWINNING PROJECT FICHE

1. BASIC INFORMATION

1.1 Publication reference number: EuropeAid/ 135-653/IH/ACT/RS

1.2 Programme: IPA 2013

1.3 Twinning Number: SR 13 IB TR 01

1.4 Title: Strengthening the Administrative and Performance Capacity of the Ministry of

Transport and Transport Institutions

1.5 Sector: Transport

1.6 Beneficiary Country: Republic of Serbia

2. OBJECTIVES

2.1 Overall Objective

The overall objective is to contribute to the creation of a competitive transport system of Serbia by

improving the administrative capacity of national institutions dealing with transport issues and its

integration into the European system.

2.2 Project purpose

The project purpose is to develop the capacities of the Ministry of Transport and transport institutions

and to adopt and to implement the relevant EU acquis in the area of transport.

2.3 Contribution to National Development Plan/Cooperation agreement/Association

Agreement/Action Plan

The Transport sector in Serbia includes road, rail, water transport and air modes, and intermodal

transportation. The needs of the Transport sector, presented in the document “Needs of the Republic

of Serbia for International Assistance 2011-2013” (NAD) reflect the most urgent issues and address

priorities for filling of gaps in relation with requirements of the Strategy of the Railway, Road, Water ,

Air and Intermodal Transport Development in the Republic of Serbia (2008-2015) and the EU

accession process. The document defines the following mid-term goals:

To Increase the effectiveness of all transport modes and the transport system as a whole;

To Increase the capacity and quality of transport infrastructure and services within the Pan-European Transport;

Strengthen and gradually liberalize transport market.

2

Priorities defined in NAD are in compliance with the transport sector objectives defined in the Multi-

annual Indicative Planning Document 2011-2013 (MIPD) of the Republic of Serbia which sets the

following specific objectives for transport:

To develop the capacities of the national administration to adopt and implement EU acquis in particular with regard to the restructuring and market opening of the rail transport sector

To support the modernization of the transport system within the Pan-European corridor X and improve the conditions for navigation on the Danube (Pan-European corridor VII),

To prepare viable projects for investment

To strengthen regional cooperation and implementing the commitments made in the framework of regional transport initiatives.

Competitiveness of the economy and trade is deeply connected with the effectiveness of the transport

system as a whole and with the efficiency of transport services provided. Setting up a proper transport

system requires the implementation of policy measures which should go hand in hand with the

modernization of transport infrastructure. Further reform steps call for the continuation of institutional

reforms with the focus on strengthening of administrative capacities. Ministry of Transport as the main

institution responsible for transport policy will have to tackle issues already initiated regarding the

approximation of the Serbian legislation with the EU acquis respecting also gender equality.

Deriving from the analysis of EC Progress Report on Serbia for 2013, evaluations which have been

performed concerning the transport sector and the lessons learnt during the past IPA programming

period, some main elements have to be highlighted to better address IPA support to sector programmes,

such as:

A more strategic approach when it comes to programming of assistance in the transport sector should be applied. Programming of assistance in the transport sector should be performed based

on the reform steps which need to be taken mostly in the railway field, transport development in

the regional context which is very much affecting transport in Serbia and leading towards

fulfilment of the Acquis provisions in the transport sector.

In the Railway sector, the priority is the restructuring of the JSC Serbian Railways for reaching the full separation of operations from infrastructure management, as requested by the railway

packages and the opening of the railway market. Support should be focused in the fields which

will be mostly affected once railway market in Serbia would be opened. According to the

experience so far, once separation would take place freight operator would face enormous

competition from the smaller, mainly private companies. In order to become more competitive

on the market, social reform should be carried out which means that an adequate social

programme should be prepared and implemented with the engagement of a variety of

institutions. Investment in the railway infrastructure should follow priorities defined following

the Methodology for selection and prioritisation of infrastructure projects which was prepared

through the Project Preparation Facility No. 5 (PPF 5) and adopted by the Government of the

Republic of Serbia in November 2013. This Methodology, as a part of the Needs Assessment

Document (NAD), will be used for the selection of infrastructure projects funded through IPA

2014-2017.

In the Road sector, the capacity of the dangerous goods transportation authority has to be strengthened while the related Acquis still has to be transposed and the road safety legislation

has to be enhanced as well.

In the water transport sector further improvement of navigation conditions on Danube River should be in focus. Documentation preparation for the remaining critical sections should

3

continue. Navigation conditions of the Sava River may become subject of assistance, after the

preparation of project documentation which is ongoing also for a stretch on Serbian territory

through the IPA funds allocated from Bosnia and Herzegovina.

Intermodal transportation should be improved by construction of the intermodal terminal in Batajnica for which project documentation has been developed (after the recent approval of the

General regulation plan).

An independent centre for investigation of accidents and serious incidents has to be established and become operational. At the moment, air transport sector has a functioning accident and

serious incidents investigation mechanism established, while other sub sectors do not have yet

established the respective independent investigation bodies.

By signing the Stabilization and Association Agreement (SAA) Serbia is committed to the gradual

harmonization of Serbian legislation with the transport Acquis communautaire, as well as its

consistent implementation. Under Article 72 of SAA, Serbia is obliged, in agreement with the

European Commission, to prepare a special program for the implementation of the obligations from

the SAA, whose implementation will be monitored by the European Union.

The National Plan for the Adoption of the Acquis (NPAA), which was adopted in March 2013,

specifies the obligations concerning the incorporation of the Acquis into the domestic legal system

and the tasks to fulfil the criteria for accession. Mid-term priorities are defined for the areas of

transport policy and transport networks; legal and institutional frameworks include the adoption and

implementation of the legislation and capacity building to meet the future requirements. Twining

project should follow NPAA provisions concerning the transport sector.

The Stabilisation and Association Agreement (Article 108 - section Cooperation policies, Transport)

targets as main objective of the cooperation at restructuring and modernising the Serbian transport

modes, improving the free movement of passengers and goods, enhancing the access to the transport

market and facilities, including ports and airports.

The European Commission White paper on transport adopted in March 2011 sets out a visionary

and challenging set of objectives for the transport sector with the aim to create a sustainable, resource

efficient and competitive Single Transport Area, with integrated transport systems of candidate

countries. It is crucial for Serbia to link its actions to EU policy objectives, to introduce, in a middle

term period, new technologies and logistics control systems, reduce congestion, break the dependence

on oil, introduce new technologies and alternative forms of transport for freight over distances greater

than 300km and to find alternative propulsion systems for urban vehicles.

3. DESCRIPTION

3.1 Background and justification

Transport sector, which leading institution is the Ministry of Transport, is including, rail, road, water,

civil aviation and intermodal transport modes. Priorities are defined to improve functioning of the

transport system as a generator for the economic and social development. Needs are underlined in the

national strategic and planning documents as well as from EU accession requirements.

Transport system is contributing to the competitiveness of the economy and trade, better education

possibilities, agriculture production and market placing of products etc. This system depends on three

main cornerstones: the infrastructure quality and capacity; quality, capacity and performance of the

4

rolling stock and level of the services provided by the institutions operating in the system. In the

previous years, important efforts were invested in the adoption of the Acquis Communautaire,

introduction of contemporary working practices, preparation of the technical documentation and

improvement of the infrastructure.

However, Commission Opinion on Serbia's progress made in 2013 confirms that further alignment with

the Acquis is still necessary, mainly in the fields of road safety. Also, railway reform process should be

strengthened with a special attention to the fair market access, the separation of infrastructure manager

from railway operations, as well as the implementation of a properly defined regulatory body. In the

field of safety, a safety management system has to be implemented within the infrastructure manager

and the railway undertakings operating on the Serbian railway network.

Further reform could be summarised as follows:

Restructuring of the public enterprises working in the transport sector, with the focus on railway transportation and introduction of result oriented management;

Introduction of the cost-effective working methods which should contribute to better quality of transport infrastructure performance based on maintenance principles;

Implementation of the measures which would improve intermodality features within Serbian transport system;

In the context of the railway reform process it is important to mention the role of the Directorate for

Railways, which acts as railway Regulatory Body and railway National Safety Authority.

Strengthening of safety organization of the Serbian railway sector – establishment of fully functional

Safety Management System (SMS) in railways will be ensured in Directorate for Railways and Serbian

Railways JSC (Infrastructure Manager) with capacity building, i.e. training and mentoring,

development of guidelines and manuals. The main role and missions are assigned to the National

Safety Authority - Directorate for Railways that has to supervise and monitor the safety organization of

the railway sector. It is the competent authority for evaluating the SMS provided by the Infrastructure

Manager and the railway operators for freight and passengers. The assistance will contribute to creation

of the safety management system based on the Railway Safety Directive (2004/49/EC and

2008/110/EC) that is one of the highest priorities in Serbian railways safety management as well as

ensuring the compatibility and interoperability of Serbian railway transport with the neighbouring and

the EU transport systems.

The Road Traffic Safety Agency (RTSA) is responsible for Developmental, Technical and Regulatory

Body and National Institution for the safety of road traffic. The strengthening of the organization of the

Serbian road traffic safety sector - contribution to the establishment of a fully functional Road Safety

Management System will be provided by the Road Traffic Safety Agency of the Republic of Serbia

(Certified trainers in the system of licensing of professional drivers/licensed professional drivers for

freight and passenger road transport) with the capacity building, i.e. training and mentoring,

development of guidelines and manuals, certification of involved actors in the area of road transport of

passengers and goods. The main role and missions are assigned to the Road Traffic Safety Agency,

which has to supervise and monitor the organization of road traffic safety sector in the field of

licensing of professional drivers. It is a competent authority for the establishment and evaluation of the

system of licensing of professional drivers for road transport of freight and passengers. The assistance

will contribute to creation of the safety management system of road transport in accordance with the

Directive on certification of professional drivers (2003/59/EC) that is one of the priorities in the

5

management of road transport safety in Serbia, as well as ensuring compatibility and interoperability of

Serbian road transport with the systems in neighbouring countries and in the EU.

The IPA 2008 twinning project (SR/08/IB/TR/01) conducted the analysis on certification systems of

professional drivers in EU Member States and drafted rulebooks that should regulate this area.

Amendments to the Law on Road Traffic Safety are proposed to the legal provision relating to

certification of professional drivers, with the aim to create full compatibility with the above EU

Directive (2003/59/EC). After harmonization of the law, the above mentioned rulebooks, which will

regulate in details this area in Serbia, are expected to be adopted.

Serbian alignment with the EU requirements calls for establishment of body/bodies for investigation of

accidents. A twinning light project that commenced in September 2013 will provide recommendations

to be followed for establishing the Accident Investigation structures in Serbia Once established, AIB(s)

would get support from the Twinning ensuring the transfer of knowledge and practical expertise to the

newly established institution(s).

The IPA 2008 twinning project (SR/08/IB/TR/01) was helping to create pre-conditions for the

establishment of the management model relevant to the sector and individual transport modes by

harmonising legislation with relevant EU transport Acquis. Support so far provided to the Ministry

trough twining assistance was solely related to harmonization with the transport Acquis, while further

actions and steps require providing support related to the capacity building and performance

improvement. Within the above mentioned project, 8 laws and 44 bylaws were drafted. Obviously, by

the time this twinning project commences more Serbian legislation will be fully transposed and a

legislative review will be necessary to identify which laws/bylaws will be priority for future drafting.

This legislative review will also support Serbian transport institutions in further adoption and/or

implementation of the EU regulations developed after 2010, which could not be considered and

adopted with the recently completed IPA 2008 twining project.

The respective know-how and European best practice should be introduced and implemented in

Serbian transport institutions to improve their performance, taking into account the organizational,

managerial, technical and other issues relevant to the sector performance. The foreseen twinning

project will lead and help with preparing the entities for EU negotiation and accession procedures.

3.2 Linked activities

The “Institutional Capacity Building Project in the Transport Sector” (ICPB)

(EuropeAid/117701/d/sv/yu, Contract No 04/SER01/07/005) provided a gap analysis of EU-transport

legislation and Serbian transport legislation. The gap analysis for all the transport sectors has been

submitted to the Ministry; the analysis covers a wide selection of the Transport Acquis, and used the

“DG Transport Guide to the Transport Acquis”, to prepare the Twinning Legal Action Plan (LAP).

The Twinning project “First Alignment with the Transport Acquis” SR2005/IB/TR/01 ended in March

2008; it recommended that the LAP should be used as a basis for identifying discrepancies and further

harmonization but that it should not limit further activities. It also emphasized that the gap analysis

should be regularly revised. The Twinning also prepared a concept document for the Management

Information System (MIS).

6

The IPA 2007 project "Technical Assistance for the Implementation of the European Common Aviation

Area Agreement in the Republic of Serbia" supported the Serbian aviation authorities in meeting the

requirements of the European Common Aviation Area Agreement. It is carried out in close cooperation

with the Civil Aviation Directorate and the Ministry of Infrastructure.

The Twinning project “Harmonization with the Acquis Communautaire in the Field of Transport –

Phase II” SR 08 IB TR 01 ended in February 2013; it supported the further alignment with the Transport Acquis and implemented a Management Information System which allows tracking and

evolution of the status of the Serbian legislation and of the EU funded projects.

The Twinning Light Project “Improvement of the Process of Accident Investigations (the procedures

and the related organisation) in Transport Sector“ started in September 2013; the purpose of this project

is to improve the safety level of the Serbian transport system, trough implementing a reliable, impartial,

transparent and efficient organization for investigations of transport accidents in compliance with the

EU Acquis Communautaire and the International Conventions.

7

3.3 Results

The results of this project should contribute to the achievement of the following higher level objectives:

At sector objective level indicator:

Transport Logistics performance index (LPI) of Serbia

Modal split improved towards environment friendly transport modes

At sector support objective indicator:

Ratio between implemented and the planned NPI/NPAA activities/measures for Chapters 14 and 21 on the annual basis

Result 1. Recommendations for the improvement of organisational structure of the Ministry of

Transport and selected transport institutions (Railway Directorate, Serbian Railways (Infrastructure

Manager), Road Traffic Safety Agency, PE Roads of Serbia, Centre for Investigation of Accidents and

Incidents, Authority for Transport of Dangerous Goods) regarding professional capacity to perform the

new tasks they are committed to, in accordance with the EU transport Acquis, provided.

Indicators:

Recommendation on improvement of present organization of the Ministry of Transport and selected transport institutions drafted.

Result 2. The Legal framework in transport sector is improved and in compliance with the NPAA and

with the EU Acquis

Indicators:

Legal Action Plan updated and compliant with the NPAA.

At least 4 laws revised or drafted.

At least 10 bylaws revised or drafted.

Result 3. The legal strategic framework 2015-2025 in transport sector is updated and improved.

Indicators:

The transport development strategy 2015-2025 is drafted, taking into account welfare, environment protection and individual mobility, as well as reflecting intermodality, short,

medium and long term objectives, financial aspects, legal framework, modalities of

implementation, and time lined Action plan.

The inland waterborne and maritime strategy is drafted, taking into account environment protection, as well as reflecting short, medium and long term objectives, financial aspects, legal

framework, modalities of implementation, and time lined Action plan.

The civil aviation strategy is drafted, taking into account environment protection, as well as reflecting short, medium and long term objectives, financial aspects, legal framework,

modalities of implementation, and time lined Action plan.

8

Result 4. A Safety Management System (SMS) is designed and implemented within Serbian Railways

(Infrastructure Manager). A verification system of the SMS is designed and implemented within the

Railway Directorate, in order to make it competent for evaluating the SMSs submitted and delivering

the safety certificates. The related manuals and guidelines are elaborated, approved and provided.

Indicators:

SMS implemented within Serbian Railways (Infrastructure Manager)

Verification system of the SMS implemented within Railway Directorate

Manual for awarding licences elaborated and delivered

Manual for awarding safety certificates elaborated and delivered

Result 5. Improved staff competencies regarding legal, technical and administrative capacity in order

to perform the tasks they are committed for, in accordance with the EU transport Acquis

Indicators:

Total number of the staff trained (20 in MOT and 40 in Transport Institutions)

Number of training sessions organized (10 in MOT and 20 in Transport Institutions)

Number of seminars/workshops organized (10 in MOT and 10 in Transport Institutions)

Number of trainers in the identified specific areas trained (at least 2 per specific area)

Number of trainers of the professional road drivers trained

3.4 Activities

The assistance for Capacity building in the Ministry of Transport and transport institutions will include

following activities:

Activities related to Result 1:

1.1 Selection of at least 3 of the transport institutions mentioned under result 1 1.2 Reviewing of the competences, capacity, organization and institutional relations of the

Ministry of Transport and the selected institutions against the EU transport Acquis standards

and best EU practice

1.3 Preparation of the recommendations (based on the review findings) focusing on the actions which should lead to improvement of the law enforcement

1.4 Preparation of a HR policy (including a Human Resources Development Strategy and an action Plan for its implementation) for transport sector and individual transport institutions


2.1 Reviewing of existing transport legislation against the National Plan for adoption of the Acquis and EU progress reports and identifying the degree of compatibility of existing

secondary and horizontal legislation with the requirements of EU Acquis

2.2 Updating the Legal Action Plan related to transport sector following the dynamic which will be agreed in the course of the negotiation accession process

9

2.3 Drafting the necessary primary and secondary legislation


3.1 Analysis of the existing strategic documents in the transport sector and identification of gaps and elaboration of recommendations for revision and/or preparation of new strategies.

3.2 Analysis of priorities and measures of the transport strategy improving the modal split and increasing rail and inland water transport performance, taking into account projections of

financial capacities

3.3 Drafting the Transport Development Strategy in the Republic of Serbia, for the period 2015 up to 2025 Development, taking into account welfare, environment protection and individual

mobility, as well as reflecting intermodality, short, medium and long term objectives,

financial aspects, legal framework, modalities of implementation, and time lined Action plan.

3.4 Drafting Strategy on Inland Waterborne and Maritime Transport, taking into account environment protection, as well as reflecting short, medium and long term objectives,

financial aspects, legal framework, modalities of implementation, and time lined Action plan.

3.5 Drafting Air Transport Development Strategy, taking into account environment protection, as well as reflecting short, medium and long term objectives, financial aspects, legal framework,



4.1 Design and Implementation of a Safety Management System (SMS) (EC 2004/49, EC 2008/110) including common safety targets-CST, common safety method-CSM and common

safety indicators-CSI for Serbian Railways and a verification system for the Railway

Directorate

4.2 Design and Implementation of rolling stock and infrastructure registers (EC 2008/57) 4.3 Design and Implementation of accidents data base (EC 2004/49) 4.4 Design and Implementation of the certification of train drivers (EC 2007/59)


5.1. Conducting of the Training needs analyses (TNA) and drafting Training program tailor made for transport institutions

5.2. Selection of staff to be trained and definition of the criteria for their selection 5.3. Organising and conducting training sessions, study tours and preparing training material 5.4. Selection of staff for being trainers and organization and conducting "training for trainers"

sessions in identified specific areas

5.5. Implementation of a Safety training for the trainers of the road professional drivers in accordance with the Directive on certification of professional drivers (2003/59/EC)

10

3.5 Means/Inputs from MS Partner Administration

The Project Leader (PL) and the Resident Twinning Adviser (RTA) shall be providing support to the

responsible Serbian governmental authorities in the field of transport, in strengthening their

administrative and performance capacity.

During the implementation of this project RTA will be positioned in Ministry of Transport.

3.5.1 Profile and tasks of the Project Leader

PL tasks:

Coordination and monitoring of the overall progress of the project in cooperation with RTA, RTA counterpart and BC PL

Ensure timely, effective and efficient implementation of the project and the achievement of the mandatory results through the proposed activities

Baring overall responsibility for the implementation of the activities

Leading the project activities

Coordination of deployment of short term experts for supporting the efficient implementation of the project

Reporting on the Project

Ensuring backstopping and financial management of the project in MS

Coordination, from the Member State side, the Project Steering Committee meetings in cooperation with RTA , which will be held in Serbia every three months.

Participation at Project Steering Committee meetings (by devoting a minimum of three working days per month to the project with an on-site visit)

Assuring compatibility with EU requirements

PL profile:

Requirements:

High-ranking official in a MS Transport Administration at a level appropriate for the necessary political dialogue;

University degree (where university degree has been awarded on completion of four years study in a university or equivalent institution) in transport, law, public administration or equivalent.

At least 10 years of professional experience in the transport field that coincides with at least one of the transport modes covered by the Twinning Fiche;

Experience in and knowledge of general structure and constituents of EU transport legislation and its implementation in MS

Experience in project management

Working knowledge of English language

Computer literacy

Good communication skills

11

Assets:

Experience in the transport field that coincides with more than one transport mode covered by the Twinning Fiche;

Experience in EU projects or twinning projects;

3.5.2 Profile and tasks of the RTA

The RTA works on a daily basis with the BC staff to implement project, support and coordinate

activities in the beneficiary country. RTA must have broad knowledge in the area of transport relevant

for this project which will enable him/her to coordinate the implementation of activities in compliance

with the project work plan, propose amendments as appropriate, and liaise with the RTA counterpart.

The duration of the RTA secondment will be 24 months.

RTA tasks:

Responsible for monitoring project implementation and proposing corrective management actions if required;

Support and coordination of all project activities in BC in line with the agreed work program to enable timely completion of project mandatory results and delivery of the outputs;

Advise on related EU policies and best practices, legislation and regulation while assisting preparation of strategic documents and/or regulations;

Establish and maintain cooperation with all beneficiaries involved in the implementation of the project, and with other related projects (ensuring the avoidance of overlapping), in close co-

ordination with the Project Leader;

Nomination, mobilization and supervision of the short-term experts, together with the Project Leader;

Facilitation of the contacts with peer institutions in EU member states in order to stimulate a proper exchange of information and data;

Organization of visibility events (kick-off and final event);

Responsible for organisation of the Project Steering Committee meetings and reporting on the project progress in cooperation with Project Leader;

Identifying and reporting to the Contracting authority, at early stage, all difficulties that may jeopardize the implementation of the project and the achievement of its results;

RTA profile:

Requirements:

University degree (MSc/MA) in transport, law, public administration or equivalent.

Minimum 10 of general professional experience in public institutions

Minimum 3 years of relevant working experience in the transport sector;

Experience in preparation, up-dating and/or implementation of the relevant EU legislations and best practices in the area of transport;

Proven contractual relation to public administration or mandated body as defined under Twinning manual 5.4.5;

Experience in project management;

Working knowledge of English language;

12

Computer literacy;

Good inter-personal communication skills;

Assets:

Experience in organising and conducting trainings in the project relevant fields;

3.5.3 Profile and tasks of the short-term experts (STEs)

Short- term experts tasks:

STEs will provide specialized know-how for the individual tasks in this project; therefore, the raft of

experts should have expertise in all the transport modal areas as well as specific legal drafting and IT

skills. As a general approach, the STEs will take the responsibility for the implementation of the project

and the achievement of the results, each for his/her individual mission tasks. They will also prepare the

required reports and the output described. They can provide long-standing experience in all relevant

fields.

Short- term experts profile:

Requirements:

University degree education (BSc) in law, public administration or equivalent field or a diploma of Engineer (where university degree has been awarded on completion of three years study in

an internationally recognized university or equivalent institution);

Minimum 3 years of general professional experience in the fields of legislation drawing up, legislation development, legislation harmonization with EU transport Acquis in public

institutions context.

Experience in organising and conducting trainings and/or mentoring in the fields relevant to the project;

Proven contractual relation to public administration or mandated body, as defined under Twinning manual 5.4.5;

Working knowledge of English language;

Computer literacy;

Assets:

Comparative knowledge of other Member States and candidate countries systems of transport legislation;

13

4. INSTITUTIONAL FRAMEWORK

The transport sector is governed by the Ministry of Transport (established by the Amendments to

Law on Ministries, Official Gazette 76/13, 29.08.2013) itself and through professional Directorates that

deal with the relevant sectors as road, railways including intermodal transport, inland waterway

transport and air transport.

At the moment there are the following Directorates established based on the respective law:

– Directorate for Railways – Directorate for Civil Aviation – Directorate for Inland Waterways is within the Ministry of Transport since 24 December 2012.

The Ministry of Transport performs the public administration duties in the sphere of railway, road,

waterway, air, and intermodal traffic. The Ministry of Transport consists of the following

organizational units:

– Sector for Road Transport – Sector for Roads and Roads Safety – Sector for Railways and Intermodal Transport – Sector for Water Transport and Navigation Safety Sector for Air Traffic – Sector for European Integration and International Cooperation – Authority for Transportation of Dangerous Goods – Directorate for Inland Waterways – Authority for Determination of Seaworthiness

The Directorate for Railways is a special organization of the Republic of Serbia for the field of

railway transport. It was established in accordance with the Law on Railway of the Republic of Serbia,

enacted by the National Assembly of the Republic of Serbia (came into effect on 1st March 2005).

Directorate for Railways has a qualification of the legal entity. Directorate is managed by a Director

appointed by the Government of the Republic of Serbia, upon the proposal of the Prime

Minister. Directorate has been established to carry out expert, regulatory and other operations in the

field of railway transport defined by the Law on Railway. The Directorate is also acting as National

Safety Authority and Regulation Body defined by the Law on railway, the Draft Law on railway and

the Draft Railway safety and interoperability law in accordance with the directives 91/440/EEC,

2001/14/EC, 2004/ 49 EC, 2007/59/EC and 2008/57/EC.

Port Governance Agency governs the ports and harbours, regardless of the ownership status of the

ports and harbours. The Agency was established as a public agency by Government Decision on

establishment of Port Governance Agency (Official Gazette of RS no. 70/2011 from 23 September,

2011. The Agency provides the regulatory, technical, development and other activities stipulated by

Law on Navigation and Ports on Inland Waters. The Port Governance Agency has been functional

since beginning of March 2013.

The Directorate for Inland Waterways is responsible for inland waterways management and the

quality and safety of navigation. The Directorate is within the Ministry of Transport according to the

recent Amendments to the Law on Navigation and Ports on Inland Waters, the local point as well as

partner for international cooperation relevant to the maintenance and development of inland waterways

in Serbia. It was established in 1963.

14

The Government of the Republic of Serbia established the Road Traffic Safety Agency in December

2009, in accordance with the Law on the Road Traffic Safety and it became operational on September

1, 2010. The Agency remains in its first stage of development. The main functions of the Agency are

regulatory, developing and expert in the sphere of the road traffic safety.

In order to perform transportation of dangerous goods in land transport modes (road, rail and

waterways) without any risk, a specific organization has to be implemented. The Authority for

Transportation of Dangerous Goods was established in November 2010. The Systematization Act of

the former Ministry of Infrastructure adopted by the Government of the Republic of Serbia in February,

2011, stipulates the Authority for Transportation of Dangerous Goods within the Ministry as its

constituent part.

The Serbian Government adopted Decision on Changing the Legal Form and Decision on Amendments

to the Founding Act of the PE "Serbian Railways" in May 2011. This Public Enterprise shall continue

working as closed joint stock company under the name of Joint Stock Company "Serbian Railways". Its

hundred percent shareholder and founder is the Republic of Serbia.

The Serbian Railways were founded by the Decision of the Government with the aim to transport

passengers and goods, to haul trains, to maintain traction units, trains and rolling stock, and to maintain

and inspect the track, the stations and other structures and installations, including maintenance and

assembling of devices, plants and installations.

According to Decision on Amendments to the Founding Act, "Serbian Railways" shall form 4

subsidiaries: Subsidiary for Public Railway Infrastructure Management, Subsidiary for Passenger

Traffic and Rolling Stock Maintenance, Subsidiary for Freight Traffic and Rolling Stock Maintenance

and Subsidiary for Property Management. It was also prescribed that control, i.e. parent company, and

subsidiaries, i.e. daughter companies, make together Joint Stock Company "Serbian Railways". Also, in

June 2012 JSC "Serbian Railways" changed the name into "Serbian Railways" JSC regarding their

Decision on organizing JCS Serbian Railways to harmonize with Company Law.

Pursuant to the Law on Public Roads (The Official Gazette of the Republic of Serbia, No. 101-05),

Public Enterprise “Roads of Serbia” is established for managing state roads. PE "Roads of Serbia" is

in charge of maintaining, protecting, exploitation, development and management of state roads of I and

II category in the Republic of Serbia. Along with the protection and exploitation of roads, PE "Roads of

Serbia" organizes and performs professional operations for constructing, reconstructing and traffic

management on state roads in the Republic of Serbia.

Lead for the project will be the Sector for European Integration and International Cooperation within

the Ministry of Transport.

Steering committee as well as Working group responsible for the Project implementation will be

established. Close cooperation with all stakeholders is required for successful implementation of the

project.

A Project Steering Committee (PSC) will be established for the direct control and supervision of the

project implementation. The PSC will be responsible for the overall quality of project implementation

and will provide strategic direction. The Committee will ensure that the project outputs and goals are

met in time, approve work plans and reports, offer guidance and advise on project activities. The

Committee will meet on quarterly basis.

15

The exact composition of the Steering Committee will be defined in the Twinning Contract. However,

the following persons should at least be a member: BC Project Leader, MS Project Leader, BC

Counterpart to the RTA, RTA, representatives of the selected transport institutions and CFCU. EC

Delegation will be invited as an observer.

5. BUDGET

Strengthening the Administrative and Performance

Capacity of the Ministry of Transport and

Transport Institutions

IPA

Community

Contribution

National Co-

financing

TOTAL

Twinning Contract 95% 1, 662,500,00 €

5% 87,500,00 €

1,750,000,00 €

"The co-financing requirement foreseen under IPA will be considered fulfilled according to the

provision of the relevant Financing Agreement."

The co-financing requirement foreseen under IPA will be considered fulfilled according to the

provision of the relevant Financing Agreement.

The Ministry of Transport will provide the twinning partner with adequate office space for RTA and

experts, meeting rooms and equipment necessary for relevant everyday activities and training foreseen

in twinning fiche.

In addition to the RTA’s assistant a full time translator-interpreter must be appointed, allowance for

this must be made with the project budget. The full time translator will be involved in the training

activities as a translator. If necessary (for example during training activities, translation of project

documents/reports and materials, organizational activities) an additional translator must be hired and

the costs will be covered by the project.

The following expenses are also to be covered with the project funds: translation of training materials,

legislation, reports etc. and per diems and incidental costs for the study tour and internship activity.

6. IMPLEMENTATION ARRANGMENTS

6.1 Implementing Agency responsible for tendering, contracting and accounting

(AO/CFCU/PAO/ Commission), including contact person and full contact details.

Ministry of Finance,

Department for Contracting and Financing of EU Funded Projects (CFCU)

Sremska Street, No. 3-5

SRB - 11000 Belgrade

16

Mrs. Natasa Šimšić, Programme Authorising Officer (PAO)/Head of CFCU

Tel: +381 11 2021 389

Mr Darko Vasić, Quality Control Officer

Phone: +381 11 2021 412

E-mail: [email protected]

6.2 Main counterpart in the BC

BC Project Leader

Name: Mrs. Zorica Djerić Stojičić

Job Title: Assistant Minister, Sector for European Integration and International Cooperation,

Ministry of Transport

Address: Nemanjina Street, No.22-26

11000 Belgrade, Serbia

Tel: +381 11 361 93 98


RTA Counterpart

Name: Mrs. Mirjana Jovanović

Job Title: Head of IPA Implementation Unit, Senior Advisor, Sector for European Integration

and International Cooperation, Ministry of Transport

Address: Nemanjina Street, No. 22-26

11000 Belgrade, Serbia

Tel: +381 11 361 93 98


6.3 Contracts

The project will be implemented through one twinning contract.

7. IMPLEMENTATION SCHEDULE (INDICATIVE)

7.1 Launching of the call for proposals

Expected launch of call: March 2014

7.2 Start of project activities

Foreseen start of project activities: November 2014

7.2 Project completion

mailto:[email protected]:[email protected]:[email protected]

17

November 2016

7.3 Duration of the execution period

Duration of the project is 24 months.

8. SUSTAINABILITY

The outputs generated by the measures and operations will be immediately or in a short term period

implemented, depending on the respective action plans adopted and maintained by the respective

institutions. As the outputs will be established taking into account EU transport acquis, it is relevant

that the sustainability of these is ensured. The improvement of transport management and transport

sector performance, as well as the increase of the capacity of transport infrastructure and quality of

transport services to European standards will improve the effectiveness and efficiency of transportation

of passengers and freight, the interoperability and safety and decrease negative impact of transport to

the environment. This will increase transport and economy competitiveness and ensure sustainability.

In addition, sustainability will be ensured by reducing pollution and the sources of pollution, and

increase safety and security.

All transport institutions included in implementation of these measures are public entities established

by the law or by the decision of the Government, having its own budget line within the State Budget, or

within the budget of the Ministry of Transport. Therefore, all maintenance costs will be ensured by

national institutions. However, financial partnerships between the public and private sector will also be

promoted.

9. CROSSCUTTING ISSUES (Equal opportunity, environment)

9.1 Equal opportunities and non-discrimination

Based on the fundamental principles of promoting equality and combating discrimination, participation

in the operations will be guaranteed on the basis of equal access regardless of sex, racial or ethnic origin,

religion or belief, disability, age or sexual orientation. All contractors shall be requested to provide

monitoring data recording the participation of men and women in terms of expert inputs (in days), as a

proof of equal participation of man and woman during the implementation phase.

9.2 Environment and climate change

The transport sector management system and specifically the Safety Management System for railways

expected for development under Measure 1 shall need to consider the environmental aspects of

transport services and operations and implement measures for mitigating possible damages that

transport can cause on environment, i.e. railway accidents can cause damages on surrounding

environment.

The operation related to improvement of navigation on Danube River by performing hydro-technical

and dredging works is directly contributes to environmental protection and strengthening

environmental protection aspects at the national level.

18

9.3 Minorities and vulnerable groups

Considering the fact that this is SF for transport and will deal with transport issues targeting a general

improvement of the management and infrastructure capacity, its outcomes will be beneficial for all

citizens. Further improvements in transport will assist in poverty reduction and increase the potential

for economic activity.

9.4 Civil Society/Stakeholders involvement

Although the preparation team could not find the opportunity to work on the sector fiche together with

the representative of the civil society, transport development is a subject where support and assistance of

socio-economic partners is of great help, in the organization of campaigns, actions on the collection as

well as dissemination of information and implementation of sector objectives. Representatives of the

civil society may be consulted. It is worth mentioning that their support and assistance can contribute to

the project especially in the implementation phase.

10. CONDITIONALITY AND SEQUENCING

The underlying assumption for this project is the Serbian political will and ability to prepare for future

EU membership. So far there has been no reason to doubt this assumption.

Projects to be implemented through Twinning require the full commitment and participation of the

senior management of the beneficiary institution. In addition to providing the Twinning partner with

adequate resources to operate effectively, the senior management must be fully involved in the

development and implementation of the policies required to deliver the project results.

The contract signature of this twinning is conditioned to the effective decision to be made by the Serbian

authorities to establish the Accident Investigating Body required in the transport sector.

ANNEXES TO PROJECT FICHE

1. Logical framework matrix in standard format

2. List of relevant Laws and Regulations

19

Annex 1. Logical framework matrix

Title: “Strengthening the Administrative and Performance

Capacity of the Ministry of Transport and Transport Institutions”

Programme name and number:

IPA 2013 National Programme/ Component 1

measure

Total budget:

1.750.000 EUR

IPA budget: 1.662.500 EUR

National co-financing: 87.500 EUR

Contracting period expires 3years after the signature

of the Financing Agreement

Disbursement period: expires 6 years

after the signature of the Financing

Agreement

Overall Objective Objectively verifiable indicators Sources of information Assumptions

The overall objective is to

contribute to the creation of a

competitive transport system of

Serbia by improving the

administrative capacity of

national institutions dealing with

transport issues, and its

integration into the European

system.

Transport Logistics performance index (LPI) of Serbia

Modal split improved towards environment friendly transport modes

World bank international trade and transport departments survey for Logistics

performance index (LPI)

Political and economic stability

Project purpose Objectively verifiable indicators Sources of information Assumptions

To develop the capacities of the

Ministry of Transport and

transport institutions and to adopt

and to implement the relevant EU

Acquis in the area of transport.

Ratio between implemented and the planned NPI/NPAA activities/measures for Chapters

14 and 21 on the annual basis.

Reports of the Serbian European Integration Office

Political and economic stability

Continuous commitment of national authorities

Results Objectively verifiable indicators Sources of information Assumptions

1. Recommendations for the

improvement of

organizational structure of the

Ministry of Transport and

selected transport institutions

(Railway Directorate, Serbian

Railways (Infrastructure

Manager), Road Traffic

Safety Agency, PE Roads of

Serbia, Center for

Investigation of Accidents and

Incidents, Authority for

Transport of Dangerous

Recommendations on improvement of present organization of the Ministry of

Transport and selected transport

institutions drafted

Inception report

Progress reports

Report on training sessions, seminars and study tours performed

Evaluation sheet for trainings and workshops


Good inter-sectoral communication

Target group interest

20

Goods) regarding professional

capacity to perform the new

tasks they are committed to, in

accordance with the EU

transport Acquis, provided.

2. The Legal framework in

transport sector is improved

and in compliance with the

NPAA and with the EU

Acquis

Legal Action Plan updated and compliant with the NPAA

At least 4 laws revised or drafted.

At least 10 bylaws revised or drafted.

NPAA

Laws adopted by the Government

Bylaws adopted


3. The legal strategic framework

2015-2025 in transport sector

is updated and improved.

The transport development strategy 2015-2025 is drafted, taking into

account welfare, environment

protection and individual mobility,

as well as reflecting intermodality,

short, medium and long term

objectives, financial aspects, legal

framework, modalities of

implementation, and time lined

Action plan.

The inland waterborne and maritime strategy is drafted, taking

into account environment

protection, as well as reflecting

short, medium and long term

objectives, financial aspects, legal

framework, modalities of


Action plan.

The civil aviation strategy is drafted, taking into account environment protection, as well as

reflecting short, medium and long

term objectives, financial aspects,

legal framework, modalities of


Action plan.

The strategies are adopted by the Government.



4. A Safety Management System

(SMS) is designed and SMS implemented within Serbian

Railways (Infrastructure manager)

Approval of the two SMS by the National Safety Authority


21

implemented within Serbian

Railways (Infrastructure

Manager). A verification

system of the SMS is designed

and implemented within the

Railway Directorate, in order

to make it competent for

evaluating the SMSs

submitted and delivering the

safety certificates. The related

manuals and guidelines are

elaborated, approved and

provided.

Verification system of the SMS implemented within Railway Directorate

Manual for awarding licences elaborated and delivered

Manual for awarding safety certificates elaborated and delivered

5. Improved staff competencies

regarding legal, technical and

administrative capacity in

order to perform the tasks they

are committed for, in

accordance with the EU

transport Acquis

Total number of the staff trained (20 in MOT and 40 in Transport

Institutions)

Number of training sessions organized (10 in MOT and 20 in

Transport Institutions)

Number of seminars/workshops organized (10 in MOT and 10 in

Transport Institutions)

Number of trainers in the identified specific areas trained (at least 2 per

specific area)

Number of trainers of the professional road drivers trained

Inception report

Progress reports

Report on training sessions, seminars and study tours performed

Report on trained staff



Target group interest

22

Activities Means Assumptions

1. RTA + PL + Counterpart Core Team.

1. RTA, PL in place. 2. Counterpart Core Team nominated and

available.

3. Core Team members (other than full time RTA counterpart) effectively

released from other duties.

Activities contributing to the achievement of Result 1

1.1. Selection of at least 3 of the transport institutions mentioned under

result 1

1.2 Review of the competences, capacity, organization and institutional

relations of the Ministry of Transport and the selected institutions against

the EU transport Acquis standards and best EU practice

1.3. Preparation of the recommendations (based on the review findings)

focusing on the actions which should lead to improvement of the law

enforcement

1.4. Preparation of a HR policy (including a Human Resources

Development Strategy and an action Plan for its implementation) for

transport sector and individual transport institutions

Key experts : 40 WD

Senior experts : 45 WD

See above.


2.1. Review of existing transport legislation against the National Plan for

adoption of the Acquis and EU progress reports and identify the degree of

compatibility of existing secondary and horizontal legislation with the

requirements of EU Acquis

2.2. Updating the legal action plan related to transport sector following the

dynamic which will be agreed in the course of the negotiation accession

process

2.3. Drafting the necessary primary and secondary legislation

Key experts : 40 WD


See above.

23


3.1. Analysis of the existing strategic documents in the transport sector and

identification of gaps and elaboration of recommendations for revision and

/or preparation of new strategies.

3.2. Analysis of priorities and measures of the transport strategy

improving the modal split and increasing rail and inland waterways

transport performance, taking into account projections of financial

capacities

3.3. Drafting the Transport Development Strategy in the Republic of

Serbia, for the period 2015 up to 2020 Development, taking into account

welfare, environment protection and individual mobility, as well as

reflecting intermodality, short, medium and long term objectives, financial

aspects, legal framework, modalities of implementation, and time lined

Action plan.

3.4. Drafting strategy on Inland Waterborne and Maritime Transport,

taking into account environment protection, as well as reflecting short,

medium and long term objectives, financial aspects, legal framework,


3.5. Drafting Air Transport Development Strategy, taking into account environment protection, as well as reflecting short, medium and long term

objectives, financial aspects, legal framework, modalities of

implementation, and time lined Action plan.

Key experts : 100 WD


See above.


4.1. Design and Implementation of a Safety Management System (SMS)

(EC2004/49, EC 2008/110) including common safety targets-CST,

common safety method-CSM and common safety indicators-CSI for

Serbian Railways and a verification system for the Railway Directorate

4.2. Design and Implementation of rolling stock and infrastructure

registers (EC 2008/57)

4.3. Design and Implementation of accidents data base (EC 2004/49)

4.4. Design and Implementation of the certification of train drivers (EC

2007/59)

Key experts : 220 WD


See above.

24


5.1. Conducting of the Training needs analyses (TNA) and drafting

Training program tailor made for transport institutions

5.2. Selection of staff to be trained and definition of the criteria for their

selection

5.3. Organising and conducting training sessions, study tours and

preparingn training material

5.4 Selection of staff for being trainers and organization and conducting

"training for trainers" sessions in identified specific areas

5.5. Implementation of a Safety training for the trainers of the road

professional drivers in accordance with the Directive on certification of

professional drivers (2003/59/EC)

Key experts : 50 WD

+ 8 Study Tours, 5 days each, 10 BC

experts per tour

See above.

25

Annex 2. List of relevant EU Laws and Regulations

National strategies

The National programme for the Integration of the Republic of Serbia into the EU;

Needs of the Republic of Serbia for International Assistance (the Needs Assessment Document) 2011-2013;

The National Strategy for Sustainable Development;

The Strategy of Railway, Road, Inland Waterway, Air and Intermodal Transport Development in the Republic of Serbia, 2008–2015 (National Transport Strategy; ("Official

Gazette RS", No. 55/05, 71/05 – rectification and 101/07)

National legislation

Amendments to Law on Ministries (Official Gazette 76/13, 29 August 2013);

Decision of the Government of the Republic of Serbia on the establishment of the public enterprise for public rail infrastructure management and public rail transport ("Official

Gazette RS",, No. 78/2004, 19/2005);

The current status of legislation of different modes of transport:

Road transport:

The Law on Public Roads - in effect since January 2006; amended in December 2007; amended in 2012;

The Law on Traffic Safety on Roads – in effect since December 2009; amended in July 2010;

The Law on Road Transport of Goods –Government procedure is ongoing;

The Law on Road Transport of Passengers - preparation prior to Government procedure;

The Law on Road Transport; in effect since 1995;

The Law on International Road Transport - in effect since 1998; last amended in 2000; will be abolished after coming into force of the Law on Road Transport of Goods and the Law

on Road Transport of Passengers.

Railways transport:

The Law on Railways – in effect since March 2005;

The Law on Safety in Railway Transport – in effect since July 1999; last amended in 2005;

The Law on Contracts of Carriage by Rail – in effect since June 1995;

The Law on the Transport of Dangerous Goods – adopted in November 2010; in effect since end of May 2011.

The Draft Law on Railways – in the phase of providing opinions from relevant institutions;

The Draft Railway Safety and Interoperability Law – in the phase of providing opinions from relevant institutions.

Inland waterways transport:

The Maritime and Inland Navigation Law – in effect since January 1978; last amended in 1998; only provisions on carriage of goods and passengers still in effect;

The Law on Navigation and Ports on Inland Waters – in effect since October 2010; Amendments to the Law on Navigation and Ports on Inland Waters approved in December

2012.

The Law on Maritime Navigation – in effect since November 2011;

The draft Law on Ships Nationality and Registration – Government procedure is ongoing;

26

The draft Law on Waterborne Transport – under consideration;

The draft Law on Inland Navigation Fund – under consideration. Air transport:

The Law on Air Traffic - in effect since November 2010; amended in 2011;

The Law on Obligations and Basis of Property Rights in Air Traffic – in effect since end of November 2011.

Twinning Project Fiche - Esteri e... · Agreement/Action Plan The Transport sector in Serbia...

Documents

Transcript of Twinning Project Fiche - Esteri e... · Agreement/Action Plan The Transport sector in Serbia...