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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


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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.


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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Rulebook of technical and operational requirements to be fulfilled by heavy goods vehicles and coaches in international road public transport

Bilateral agreements


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


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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



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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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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


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



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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



Occasional services

Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement)


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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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



Rulebook on the Form of the Permit for International Passengers Transport

Rulebook on the Passenger Waybill



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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


Rulebook on the Passenger Waybill



Harmonization into national law


Draft Law on Road Passengers Transport

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TARRIFS

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Law on Contract for Road Transport


• 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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Law on Road Traffic Safety



HIRED VEHICLES

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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


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Draft Law on Transport of goods

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Thank you for your attention

Ministry of Construction, Transport and Infrastructure

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