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 M O N T E N E G R O Negotiating Team for M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 14 – Transport Bilateral screening: Chapter 14 PRESENTATION OF MONTENEGRO Brussels, 27 -30 May 2013

Chapter 14: Transport RAIL TRANSPORT Danijela Đorić Adviser for rail transport Ministry of Transport Chapter 14: Transport RAIL TRANSPORT Danijela Đorić Adviser for rail transport Ministry of Transport and Maritime Affairs danijela. [email protected] gov. me MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport q. Area: 13. 812 km² q. Population: 625. 266 q. Capital Chapter 14: Transport q. Area: 13. 812 km² q. Population: 625. 266 q. Capital City: Podgorica q. Currency: Euro (EUR) MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport Railway network of Montenegro The railway line has a length of Chapter 14: Transport Railway network of Montenegro The railway line has a length of 326 km, including open railway line and station tracks The railway network consists of : q railway line Bar – Vrbnica, 167 km - electrificied q railway line Podgorica – Tuzi (border with Albania), 24 km – non electrificied q railway line Nikšić– Podgorica, 56 km – electrificied Railway line Bar - Vrbnica (border with Serbia), as the part of an international railway line Belgrade - Bar and Route 4 which connects the port of Bar with Trans-European corridors VII and X (MAP 2010 -2014), is the most important transportation route for the economy of Montenegro and with Port Bar represents a unique system and connection with the countries of Central Europe, regarding freight traffic. It connects the main sea lanes of the world (America, Mediterranean, Near East, Middle East and Far East) with the main European railway lines. It is an important mode in the time of MONTENEGRO Chapter 14: TRANSPORT Negotiating Team for the Accession of Montenegro to the European Union the tourist season regarding passenger transport.

Chapter 14: Transport RAILWAY NETWORK OF MONTENEGRO Negotiating Team for the Accession of Montenegro Chapter 14: Transport RAILWAY NETWORK OF MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport CONTENT q Market access q Train Driver Licensing q Interoperability q Chapter 14: Transport CONTENT q Market access q Train Driver Licensing q Interoperability q European railway agency q Railway safety q Normalisations of Accounts q Passenger Transport – Transit Documents q Social Field – Working time/hours q Legislative Framework q Institutional Framework q Current and Future Activities MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: Transport

Chapter 14: Transport LEGAL FRAMEWORK q q q q Law on Railways (OG RM Chapter 14: Transport LEGAL FRAMEWORK q q q q Law on Railways (OG RM 21/04 and OGM 54/09); Law on Railway Transport Safety (OGM 04/08); Law on Contractual Relations in Railway Transport (OGM 41/10); Law on Ratification of the Agreement on the Establishment of a High Performance Railway Network in South East Europe (OG RM 44/07); Law on Inspection Control (OG RM 39/03); Law on Public Procurement (OG RM 46/06); Law on Construction (OG RM 55/00); Rulebook on issuance of safety certificate for railway infrastructure management (OGM 56/08); Rulebook on licensing for railway infrastructure management (OGM 56/08); Rulebook on issuance of safety certificate for railway transport OGM 56/08); Rulebook on licensing for railway transport (OGM 56/08); Rules on traction vehicles occupied railway workers (OGM 15/2013) Restructuring Strategy of the Railway of Montenegro (adopted in September 2007); Transport Development Strategy of Montenegro (adopted in mid-2008). MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport INSTITUTIONAL FRAMEWORK MINISTRY OF TRANSPORT AND MARITIME AFFAIRS INVESTIGATION BODY RAILWAYS Chapter 14: Transport INSTITUTIONAL FRAMEWORK MINISTRY OF TRANSPORT AND MARITIME AFFAIRS INVESTIGATION BODY RAILWAYS DIRECTORATE – RB, NSA, NB RAILWAY INFRASTRUCTURE OF MONTENEGRO JSC IM RAILWAY TRANSPORT OF MONTENEGRO JSC - PO MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union MONTECARGO JSC FO MAINTENANCE OF RAILWAY ROLLING STOCK JSC Chapter 14: TRANSPORT

Chapter 14: Transport INSTITUTIONAL FRAMEWORK HRONOLOGY OF RESTRUCTING q 2004. Law on railways (OG Chapter 14: Transport INSTITUTIONAL FRAMEWORK HRONOLOGY OF RESTRUCTING q 2004. Law on railways (OG RM 21/04 and OGM 54/09) q 2007. Restructuring Strategy of the Railway of Montenegro q 2008. Two railways company: q Infrastructure manager (ŽICG) q Railway transport q 2008. Law on Railway Transport Safety (OGM 04/08); q 2009. Railway transport divided: q Passenger transport (ŽPCG) q Freight transport (Montecargo) q 2010. established Railway Directorate q 2011. Maintenance of railway rolling stock (separeted from ŽPCG) MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport LEGAL FRAMEWORK New Law on Railways - was passed Assembly second Chapter 14: Transport LEGAL FRAMEWORK New Law on Railways - was passed Assembly second week of May 2013. 1. Directive 91/440/ECC on the development on the Community’s railways q Full compliance: 34% q Partly compliance: 11% q Inapplicable: 33% q Not transferable: 22% 2. Directive 2001/12/ECC amended on 91/440/EC q Full compliance: 38% q Partly compliance: 0% q Inapplicable: 7% q Not transferable: 55% 3. Directive 2004/51/ECC amended on 91/440/EC q Full compliance: 34% q Partly compliance: 0% q Inapplicable: 0% MONTENEGRO Chapter 14: TRANSPORT q Not transferable: 66% Negotiating Team for the Accession of Montenegro to the European Union

Chapter 14: Transport LEGAL FRAMEWORK 4. Directive 95/18/ECC on the licensing of the railway Chapter 14: Transport LEGAL FRAMEWORK 4. Directive 95/18/ECC on the licensing of the railway undertakings q Full compliance: 67% q Partly compliance: 11% q Inapplicable: 17% q Not transferable: 5% 5. Directive 2001/13/ECC amended on 95/18/EC q Full compliance: 25% q Partly compliance: 0% q Inapplicable: 8% q Not transferable: 67% 6. Directive 2001/14/ECC on the allocation of railway infrastructure capacity and the levying of charges for the use of the railway infrastructure and safety certification q Full compliance : 57% q Partly compliance: 24% q Inapplicable: 5% q Not transferable: 14% MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport LEGAL FRAMEWORK 7. Regulation 2007/1370/ECC on public service transport by rail Chapter 14: Transport LEGAL FRAMEWORK 7. Regulation 2007/1370/ECC on public service transport by rail and road q Full compliance: 67% q Partly compliance: 11% q Inapplicable: 17% q Not transferable: 5% MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport I MARKET ACCESSES q Directive 2012/34/EU of the European Parliament and Chapter 14: Transport I MARKET ACCESSES q Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (recast) (Text with EEA relevance), OJ L 343, 14. 12. 2012, p. 32 q Regulation No 11 concerning the abolition of discrimination in transport rates and conditions, in implementation of Article 79 (3) of the Treaty establishing the European Economic Community, OJ 52 , 16. 08. 1960 p. 1121. q Regulation (EU) No 913/2010 of the European Parliament and of the Council of 22 September 2010 concerning a European rail network for competitive freight, OJ L 276, 20. 10. 2010, p. 22. q Currently in Montenegro doesnt have coridor MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport I MARKET ACCESSES THE CURRENT LAW ON RAILWAYS (OG RM 21/04 Chapter 14: Transport I MARKET ACCESSES THE CURRENT LAW ON RAILWAYS (OG RM 21/04 AND OGM 54/09) AND BYLAWS: q The law governs the management of railway infrastructure and railway transport in railway traffic operations q Infrastructure management includes: the maintenance of infrastructure, organization and regulation of transport, infrastructure modernization, protection, and performance of the functions of investors on construction and reconstruction of infrastructure, activities of public interest q Infrastructure funding is provided from the budget of Montenegro, investment funds of domestic and foreign entities, loans and other sources in accordance with the law q Infrastructure can be used by the carrier for public transportation, as well as by subsistence transport company if it posses transport license and safety certificate for transport issued by the competent administrative authority, or in another country on the basis of reciprocity and contract on the infrastructure use q Infrastructure is given to the use by the path allocation, by the contract of the infrastructure use which is an integral part of Network Statement q Path allocation is carried out under the same conditions, usually once a year is allocated after harmonization of requirements for the award of path in the process of making the timetables q For the use of infrastructure, organization and regulation of rail transport, path user pays M Ofee E N E G R O NT Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport DIRECTIVE 2012/34/EU q Chapter II Directive 2012/34/EU q q The separation Chapter 14: Transport DIRECTIVE 2012/34/EU q Chapter II Directive 2012/34/EU q q The separation of infrastructure management activities from providing services Finanscing of infratsructure manager Paccess to the railway infratsructure and services Border –crossing agreements TRANSPOSED: q Fully respected in the Law on railways and accordingly railway sector operates in Montenegro q The Law on railways stipulates that the transporter must possess a license and a certificate that allows transportation by rail, issued by the competent authority q By-laws, Rules on issuing safety certificates for transportation in railway transport (OGM, No. 56/08) and Rulebook on issuing licenses for transport by rail (OGM, No. 56/08) define the requirements for obtaining licenses and certificates for the transporter, as well as their validity MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport DIRECTIVE 2012/34/EU Chapter III 2012/34/EU q licensing of railway undertakings q Chapter 14: Transport DIRECTIVE 2012/34/EU Chapter III 2012/34/EU q licensing of railway undertakings q licensing requirements q Validity of the license TRANSPOSED: q Fully respected in the Law on railwasy and by-laws and accordingly, railway sector operates in Montenegro q In accordance with the Law on railways infrastructure manager published Network Statement dated 2008, setting out level of infrastructure access charge, requirements for capacity allocation and services q The Railways Directorate is a public body established in 2010 based on the amendments of the Law on the Organization and Operation of Public Administration (OGM, No. 4/09), and in accordance with the Law on railways (OGM, No. 21/04). Following the adoption of the new Law on railwasy regulatory body work will be made by the Railway Directorate. Chapter IV 2012/34/EU q Network Statement q Infrastructure access charge s and services q Infrastructure capacity allocation q Regulatory body TRANSPOSED: q Partially complied with the Law on railways, but the new Law on plenum and bylaws that will be adopted on the basis of the new law, compliance will be completed MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport THE NETWORK STATEMENT q In accordance with the Law on railways, Chapter 14: Transport THE NETWORK STATEMENT q In accordance with the Law on railways, ŽICG adopts and publishes the Network Statement, providing information on the railway network, the access conditions and allocation of infrastructure capacity, the levelof charge for the use of infrastructure, organization and regulation of traffic, which is regularly updated and changed as needed q The Network Statement shall be published on the website of ŽICG, www. zicg. me in montenegrin and english language and the validity period is related to the annual timetable. q The general conditions of access to the railway infrastructure in Montenegro are defined by the Law on railways, the by-laws under this Act/Ordinance on issuing licenses for railway infrastructure management, Regulations on issuing safety certificates for railway infrastructure management, the Ordinance on issuing licenses to transport by rail and Ordinance on issuing safety certificates for transport by rail/and other regulations. q ŽICG as infrastructure manager, approves access to the railway infrastructure to an interested carriers, in a way that ŽICG and rail carrier conclude contract on the use of infrastructure. Contract on the use of infrastructure in more details detremins the mutual rights and obligations, allocated capacity, the level of access charge and other issues regarding the organization and regulation of the railway transport. q Infrastructure is available to all rail operators on a non-discriminatory manner possesing a valid transport license and safety certificate for transport issued by the Railway Directorate, or in another country on the basis of reciprocity with which Montenegro has signed an agreement on mutual recognition of certificates and contracts on the use of infrastructure. q The request for the allocation of infrastructure capacity can be submitted by rail carrier within the deadline defined in Network Statement q The Network Statement inlcudes a description of the railway line, technical specifications, equipment guaranteeing the rail carrier services, conditions of use, the procedure of making timetables, infrastructure maintenance (planned works, the planned line closures for the M Orealization of the works and the period of execution of work), the form for ordering of path and NTENEGRO Chapter 14: TRANSPORT instruction to fill in, offered services European Union Negotiating Team for the Accession of Montenegro to the (minimum package of services , additional and related

Chapter 14: Transport THE NETWORK STATEMENT q Under the Law on railways, ŽICG, based Chapter 14: Transport THE NETWORK STATEMENT q Under the Law on railways, ŽICG, based on criteria, determines the level of charge for the use of infrastructure, organization and regulation of rail transport q In order to perform transport services on the railway infrastructure, the carrier pays for: q Minimum access package q Track access to official buildings and their use q Usage of service facilities q Additional services and support services q Within the minimum access package, fee for the use of the path includes costs for processing of request for capacity, the use of allocated capacity, using the infrastructure on the acceptance-dispatching tracks, management, traffic regulation and control of train movements / including signaling, regulations, a system for operational monitoring of transport, communication and information on the movement of trains q The level of charge is determined on the basis of realized train kilometres, weighting coefficient for the type of railway line, track wearing coefficient and request of railway transporter q Main price per train kilometer (Cvlkm) for minimum access package service for timetable 2013/2014: for all types of trains is € 3 including VAT and for passenger trains 0, 20 € including VAT q ORailway line Vrbnica – Bar is connected with industrial tracks to the port of Bar. M NTENEGRO Chapter 14: TRANSPORT Infrastructure manager within the port does not have Network Statement, but traffic is Negotiating Team for the Accession of Montenegro to the European Union

Chapter 14: Transport II TRAIN DRIVER LICENSING q Directive 2007/59/EC of the European Parliament Chapter 14: Transport II TRAIN DRIVER LICENSING q Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system in the Community, OJ L 315, 3. 12. 2007, p. 51. q Commission Regulation (EU) No 36/2010 q Commission Decision 2010/17/EC q Commission Decision 2011/765/EU q Commission Recommendation of 22 November 2011 A. PART: Law on Railway Transport Safety (OGM 04/08); B. PART: New Safety and interoperability law on railways MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport II TRAIN DRIVER LICENSING PART A : LAW ON SAFETY IN Chapter 14: Transport II TRAIN DRIVER LICENSING PART A : LAW ON SAFETY IN RAIL TRANSPORT (OGM 4/2008) The right to regulate rail traffic management and drive trains q License are issued by IM and RU q The commissions for professional examinations participating examiners who are employed by the IM and RU as well as representatives of the Ministry of Transport and Maritime Affairs q Regular assessment tests are performed each year q Regular license is for 5 years to 45 years of age, then every 2 years q License for driving a train is issued for a specific series of towing vehicles - locomotives q The conditions for obtaining the license: 18 years of age, medical fitness, qualifications, training, professional examination, there is no ban on working, 21 years for the trains to transport passengers and transporting hazardous materials MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport II TRAIN DRIVER LICENSING PART B: NEW SAFETY AND INTEROPERABILITY LAW Chapter 14: Transport II TRAIN DRIVER LICENSING PART B: NEW SAFETY AND INTEROPERABILITY LAW ON RAILWAYS q Part XII OF NEW LAW q Conditions to be met by railway workers (education and training, theoretical training, practical training and skill tests every 2 years) q Conditions for acquiring the right to operate trains – locomotives q Conditions for acquiring the right to operate trains - locomotives (that is mentally and physically able to operate a towing vehicle, the age of 18 years, it has provided vocational education to practical professional qualifying under the supervision of a person who is professionally qualified to manage a particular type of towing vehicle, has passed the examination for the vehicle, that has a license for the towing vehicle and one or more certificates, that the decision of the competent authority is not prohibited to operate a towing vehicle. As an exception, the right to operate speed passenger trains, passenger and freight trains higher rank in international traffic may be a person who has attained 21 years of age) MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport II TRAIN DRIVER LICENSING q License for driving a train (for Chapter 14: Transport II TRAIN DRIVER LICENSING q License for driving a train (for 10 years, issued by the Directorate of Railways) q Suspension and revocation of license q Certificate (issued by the IM or RU for a specific series of towing vehicles - locomotives and certain infrastructure) q Registers and information exchange q Conditions for termination of employment MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport II TRAIN DRIVER LICENSING ü Notes: q The new Safety and Chapter 14: Transport II TRAIN DRIVER LICENSING ü Notes: q The new Safety and interoperability law on railways was performed transposition of Directive 2007/59, by-law will be determine the layout of the permit, the establishment of training centers, licensing examiners, choice of health care institutions, and shall be transposing regulations and decisions from 2010. and 2011 th year q In Montenegro, the train drivers are educated in high school, which lasts 4 years. After high school, train drivers have a total of 13 years of education including primary education. Items that are directly related to the controlled towing vehicle, knowledge of infrastructure and traffic rules held by experienced teachers who are mainly working on the railway. q Number of train drivers in Montenegro is around 100 and that both operators q Interoperability in the border zone is easily feasible for operators using the same batch of locomotives. It is possible that one driver drives the train across the railroad Belgrade-Bar. Rules for traction and knowledge infrastructure are similar or the same on this line. q OWas published in the 2013 th The Ordinance on the possession of towed M NTENEGRO Chapter 14: TRANSPORT Negotiating Team for the Accessioneliminated discrimination against drivers of passenger vehicles, which of Montenegro to the European Union

Chapter 14: Transport III INTEROPERABILITY q Commission decisions and Communications on interoperability Based on Chapter 14: Transport III INTEROPERABILITY q Commission decisions and Communications on interoperability Based on Directive 2008/57 and Directive 96/48 and all commision recommendation, decision and communication with their amended regarding this field (63) A. PART: Law on Railway Transport Safety (OGM 04/08); B. PART: New Safety and interoperability law on railways MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport III INTEROPERABILITY PART A : LAW ON SAFETY IN RAIL TRANSPORT Chapter 14: Transport III INTEROPERABILITY PART A : LAW ON SAFETY IN RAIL TRANSPORT (OGM 4/2008) q Definitions - interoperability, towed vehicles, locomotives, TSI, railway. . q The railway - terms of construction, technical inspection, a classification of railways, railway area, railway equipment, electrification, technical control, safety and interoperability requirements. . . q Rolling stock - conditions of production, the license to use, the international license, prototyping, inspection, certificates for vital circuits, equipment, vehicle equipment. . . q Notified body - these jobs by the Directorate for Railways q By-laws relating to the railway and rolling stock (314/92, 315/92, MONTENEGRO 201/93. . . NTR) Chapter 14: TRANSPORT Negotiating Team for the Accession of Montenegro to the European Union

Chapter 14: Transport III INTEROPERABILITY PART B: NEW SAFETY AND INTEROPERABILITY LAW ON RAILWAYS Chapter 14: Transport III INTEROPERABILITY PART B: NEW SAFETY AND INTEROPERABILITY LAW ON RAILWAYS q Definitions - interoperability, vehicles, TSI, railway, interoperability constituents, national technical regulations, license to use, license for type, European specifications, contracting entity, sub-systems, the basic parameters, specific cases. . q Rail systems - conventional, high-speed systems, subsystems q Requirements for interoperability - Basic requirements q Uniform Technical Prescriptions - concept, scope of application, deviations q TSI q Interoperability constituents – placing on the market, compliance and suitability for use, evaluation of conformity and suitability for use, exploitation testing, discrepancy factors interoperability with TSI MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport III INTEROPERABILITY q Subsystems - placing on the market, the verification Chapter 14: Transport III INTEROPERABILITY q Subsystems - placing on the market, the verification of the subsystems and declaration of verification, compliance with the TSI and national technical regulations, non-compliance with the essential requirements of the subsystems q The license for use Part I - General Provisions, The license for the type of vehicle, Vehicle Inspection, The license for use of the interoperability of subsystems and factors that are compatible with TSI, The license for the use of vehicles that comply with the TSI, Additional licenses for the use of vehicles that comply with the TSI. The license for use of subsystems that are not aligned with the TSI subsystems and components to which they apply national technical regulations, license for the use of vehicles that are not in conformity with the TSI, Additional licenses for the use of vehicles that are not in conformity with the TSI q The license for use Part II - Exceptions to the issuance of additional licenses for the use of vehicles, restoration or improvement of the structural subsystem, the interoperability of subsystems and elements, Revocation and suspension of licenses for the use of vehicles MONTENEGRO q Registry of Accession of Montenegro toinfrastructure - the National Chapter 14: TRANSPORT Vehicle Register, Negotiating Team for the vehicles and the European Union

Chapter 14: Transport III INTEROPERABILITY Ø Notes: q Directive 2008/57 transposed the most part Chapter 14: Transport III INTEROPERABILITY Ø Notes: q Directive 2008/57 transposed the most part q Notified bodies shall be delegated by the Ministry of Transport and Maritime Affairs q Railways Directorate will issue licenses for the use of vehicles q NVR should begin to run from the 2013 th year q Directorate of Railways will publish on its website TSI after the adoption of the new law MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport IV EUROPEAN RAILWAY AGENCY q Regulation (EC) No 881/2004 of the Chapter 14: Transport IV EUROPEAN RAILWAY AGENCY q Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European railway agency (Agency Regulation), OJ L 164, 21. 6. 2004, p. 1. q Amended by Regulation (EC) No 1335/2008 of the European Parliament and of the Council of 16 December 2008, OJ L 354 31. 12. 2008, p. 5. q IPA program – last four years: q Conference, seminars, workshops we attended q Information on safety, interoperability, investigation of accidents, ERTMS. . . q Technical assistance in the field of procurement and operating instructions NVRa q Tranee sheep (two person – one for safety, one for interoperability MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport V RAILWAY SAFETY q Directive 2004/49/EC of the European Parliament and Chapter 14: Transport V RAILWAY SAFETY q Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive), OJ L 164, 30. 4. 2004, p. 44. Amended by q Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008, OJ L 191, 18. 7. 2008, p. 1. q Directive 2008/110/EC of the European Parliament and of the Council of 16 December 2008, OJ L 345, 23. 12. 2008, p. 62. q Commission Directive 2009/149/EC of 27 November 2009, OJ L 313, 28. 11. 2009, p. 65. q Commission Decision of 23 April 2012 on the second set of common safety targets as regards the rail system (notified under document C(2012) 2084) (Text with EEA relevance) (2012/226/EU), OJ L 115, 27. 4. 2012, p. 27. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport V RAILWAY SAFETY q Commission Regulation (EC) No 653/2007 of 13 Chapter 14: Transport V RAILWAY SAFETY q Commission Regulation (EC) No 653/2007 of 13 June 2007 on the use of a common European format for safety certificates and application documents in accordance with Article 10 of Directive 2004/49/EC of the European Parliament and of the Council and on the validity of safety certificates delivered under Directive 2001/14/EC, OJ L 153, 14. 6. 2007, p. 9. Amended by q Commission Regulation (EU) No 445/2011 of 10 May, OJ L 122, 11. 5. 2011, p. 22. q Commission Regulation (EU) No 445/2011 of 10 May 2011 on a system of certification of entities in charge of maintenance for freight wagons and amending Regulation (EC) No 653/2007, OJ L 122, 11. 5. 2011, p. 22. q Commission Regulation (EU) No 1158/2010 of 9 December 2010 on a common safety method for assessing conformity with the requirements for obtaining railway safety certificates, OJ L 326, 10. 12. 2010, p. 11. – Commission Regulation (EU) No 1077/2012 of 16 November 2012 on a common safety method for supervision by national safety authorities after issuing a safety certificate or safety authorisation (Text with EEA relevance), OJ L 320, 17. 11. 2012, p. 3 (cf. art. 9 : (extract) "This regulation … shall apply from 7 June 2013") MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport V RAILWAY SAFETY q Commission Regulation (EU) No 1078/2012 of 16 Chapter 14: Transport V RAILWAY SAFETY q Commission Regulation (EU) No 1078/2012 of 16 November 2012 on a common safety method for monitoring to be applied by railway undertakings, infrastructure managers after receiving a safety certificate or safety authorisation and by entities in charge of maintenance (Text with EEA relevance), OJ L 320, 17. 11. 2012, p. 8 (cf. art. 6 : (extract) "This regulation shall apply from 7 June 2013") – Commission Regulation (EU) No 1077/2012 of 16 November 2012 on a common safety method for supervision by national safety authorities after issuing a safety certificate or safety authorisation (Text with EEA relevance), OJ L 320, 17. 11. 2012, p. 3 (cf. art. 9 : (extract) "This regulation … shall apply from 7 June 2013") q Commission Regulation (EU) No 1077/2012 of 16 November 2012 on a common safety method for supervision by national safety authorities after issuing a safety certificate or safety authorisation (Text with EEA relevance), OJ L 320, 17. 11. 2012, p. 3 (cf. art. 9 : (extract) "This regulation … shall apply from 7 June 2013") A. PART: Law on Railway Transport Safety (OGM 04/08); B. PART: New Safety and interoperability law on railways MONTENEGRO Chapter 14: TRANSPORT Negotiating Team for the Accession of Montenegro to the European Union

Chapter 14: Transport V RAILWAY SAFETY PART A : LAW ON SAFETY IN RAIL Chapter 14: Transport V RAILWAY SAFETY PART A : LAW ON SAFETY IN RAIL TRANSPORT (OGM 4/2008) q Definitions - infrastructure manager, railway undertaking, investigation of extraordinary events on the railway, accidents, auto stop device, the alertness, the maximum speed of the train. . . q The railway - railway crossing, rail zone, railroad equipment depending on the maximum speed, power supply and communication systems, safety conditions for the construction of facilities and installations near the railroad. . . q Rolling stock - allowable weight per axle and meter, special delivery, braking trains, auto-stop devices, alertness, protection measures of electrified railway lines. . q Traffic rules - schedules, assembling trains, traffic regulation, security measures in the execution of works, evidence of trains. . . q Traffic signals and signal labels q Conditions to be met by railway workers - professional and medical MONTENEGRO Chapter 14: TRANSPORT Negotiating Team for the Accession of Montenegro to the European Union fitness

Chapter 14: Transport V RAILWAY SAFETY q Crossing of railroads and roads q Procedures Chapter 14: Transport V RAILWAY SAFETY q Crossing of railroads and roads q Procedures in case of of extraordinary events - an investigation by the UI and RU, Investigation body q NSA – The work performed by public administration, in fact Directorate for Railways q The duties and responsibilities of railway workers q Transport for own needs q Powers of inspectors for rail traffic v Rulebook on issuance of safety certificate for railway infrastructure management (OGM 56/08) v Rulebook on issuance of safety certificate for railway transport OGM 56/08) 2009 th The certificates issued to railway undertakings in passenger and freight traffi v By-laws of the period of former Yugoslavia MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport V RAILWAY SAFETY PART B: NEW SAFETY AND INTEROPERABILITY LAW ON Chapter 14: Transport V RAILWAY SAFETY PART B: NEW SAFETY AND INTEROPERABILITY LAW ON RAILWAYS q Definitions - infrastructure manager, railway undertaking, investigator-incharge, serious accidents, other accidents, the investigation, causes, auto stop device, alertness, train drivers, the maximum speed of the train, file on maintenance, the NSA, CSM, incident. . . q Guaranteeing safety in railway transport q Common safety indicators q Common safety methods q Common safety targets q Subscribe national regulations for safety q Safety management systems q Supervision of safety management systems q Safety certificate for transport - the issue, recognition of a foreign certificate revocation q OSafety certificate for railway infrastructure M NTENEGRO Chapter 14: TRANSPORT Negotiating Team for the Accession of Montenegro to the European Union

Chapter 14: Transport V RAILWAY SAFETY q Port and industrial railways q Technical requirements Chapter 14: Transport V RAILWAY SAFETY q Port and industrial railways q Technical requirements for infrastructure, energy, control and signaling q Operating order stations q Traffic control q Vehicles - the entity charge of maintenance, maintenance workshops q Conditions to be fulfilled by railway workers q Working time of railway employee q Internal control performed by the UI and RU q Accident Investigation - Investigation body, The powers of the body of investigation procedure, Report of Body for investigation, Information for the Ministry of Transport and Maritime Affairs and safety recommendations, obligations UI and RU in accident q Crossing of railroads and roads q The inner row of railway transport q Protection of railway infrastructure and vehicles MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport V RAILWAY SAFETY ü Notes: q. For the most part transposed Chapter 14: Transport V RAILWAY SAFETY ü Notes: q. For the most part transposed Directive 2004/49 q. Railway Directorate will accomplish any work NSA and certification ECM (2011/445) q. Investigation body will be established common for all mode of transport (air, railway, maritime affairs) q. Need technical assistance for the implementation of a completely new fields (SMS, CST, CSM, SCI, ECM) q. Prepared twenty-bylaws (NTR) MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport VI NORMALISATION OF ACCOUNTS q Regulation (EEC) No 1192/69 of the Chapter 14: Transport VI NORMALISATION OF ACCOUNTS q Regulation (EEC) No 1192/69 of the Council of 26 June 1969 on common rules for the normalisation of the accounts of railway undertakings, OJ L 156, 28. 6. 1969, p. 8. Amended by q Council Regulation (EEC) No 3572/90 of 4 December 1990 (OJ L 353, 17. 12. 1990, p. 12. Y (3572/90) q Council Regulation (EC) No 1791/2006 of 20 November 2006, OJ L 363, 20. 12. 2006, p. 1. q The existing legal framework does not have implemented regulations related to the normalization of the rail account. q. The state took over the debt 2007. in the amount of € 41. 861, 587, 07, while the 2009 th in the amount of € 113. 988. 179, 19, total of € 155. 849. 766, 26 to normalize account for business MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport VII PASSENGER TRANSPORT - TRANSIT DOCUMENTS q Council Regulation (EC) No Chapter 14: Transport VII PASSENGER TRANSPORT - TRANSIT DOCUMENTS q Council Regulation (EC) No 693/2003 of 14 April 2003 establishing a specific Facilitated Transit Document (FTD), a Facilitated Rail Transit Document (FRTD) and amending the Common Consular Instructions and the Common Manual on the establishment of common rules for certain types of combined transport of goods between Member States, OJ L 99, 17. 4. 2003, p. 8. q Council Regulation (EC) No 694/2003 of 14 April 2003 on uniformats for Facilitated Transit Documents (FTD) and Facilitated Rail Transit Documents (FRTD) provided for in Regulation (EC) No 693/2003, OJ L 99, 17. 4. 2003, p. 15. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport VII PASSENGER TRANSPORT - TRANSIT DOCUMENTS Law on Contractual Relations in Chapter 14: Transport VII PASSENGER TRANSPORT - TRANSIT DOCUMENTS Law on Contractual Relations in Railway Transport (OGM 41/10); q Passengers are issued documents that are compliant with the regulations of UIC q In international transportation ticket issued in conformity with the standards documents UIC q The national transport more than 90% of tickets issued for international consumption patterns q Ticket issue documents passengers in international traffic shall be based on TCV tariff and bilateral agreements with individual railway administrations q Ticket issue documents in domestic transport is based on the travel tariff which sets rates and conditions of MONTENEGRO Chapter 14: TRANSPORT Negotiating Team for the Accession of Montenegro to the European Union carriage

Chapter 14: Transport VIII SOCIAL FIELD - WORKING TIME/HOURS q Directive 2003/88/EC of the Chapter 14: Transport VIII SOCIAL FIELD - WORKING TIME/HOURS q Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time, OJ L, 299, 18. 11. 2003, p. 9. q Council Directive 2005/47/EC of 18 July 2005 on the Agreement between the Community of European Railways (CER) and the European Transport Workers’ Federation (ETF) on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services in the railway sector - Agreement concluded by the European Transport Workers' Federation (ETF) and the Community of European Railways (CER) on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services, OJ L 195, 27. 07. 2005 p. 15. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 14: TRANSPORT

Chapter 14: Transport q VIII SOCIAL FIELD - WORKING TIME/HOURS Legislation of Montenegro, in Chapter 14: Transport q VIII SOCIAL FIELD - WORKING TIME/HOURS Legislation of Montenegro, in this issue (VIII – social area – working time), is in main part included in legislation of EU. q Labour law of Montenegro (OGM no. 49/08, 26/09, 59/11) has wider framework for this issue and it mainly contains regulations complied with regulations of subject Directives 2003/88/EC and 2005/47/EC. q General Collective Contract of Montenegro (OGM no. 1/04, 59/05, 24/06, 65/10) contains more precise rules which treat this issue in relation with subject Directives 2003/88/EC and 2005/47/EC. q Safety and Health Protection at the Workplace Act of Montenegro (OGM no. 79/04) complies with regulations of subject Directives 2003/88/EC and 2005/47/EC, with some wider context. q Rail Safety Act (OGM no. 04/08 from 17. 01. 2008. ) in its main part contains regulations and rules in compliance with subject Directives 2003/88/EC and 2005/47/EC. q Health Care Law of Montenegro (OGM no. 39/04) represents wider framework in compliance with its subject. Especially by point 3 – Health protection measures in work and working environment (Articles 15, 16 and 17), rules are included which treat this issue and are in compliance with subject Directives 2003/88/EC and 2005/47/EC. These rules relate to M Omedical examinations of employees within health protection, monitoring NTENEGRO Chapter 14: TRANSPORT Negotiating Team for the Accession of Montenegro to the European Union health condition of employees and risk evaluation for every workplace.

Chapter 14: Transport VIII SOCIAL FIELD - WORKING TIME/HOURS q Legal framework for this Chapter 14: Transport VIII SOCIAL FIELD - WORKING TIME/HOURS q Legal framework for this issue in Montenegro is necessary in more or less degree to adjust with the EU Legislation. Adjustment is required in direction of consolidating some legal institutes as terms of execution, modes of application and application terms for certain rules and paragraphs, certain organizational aspects for working time including comparative periods. q Such process is in great measure facilitated by existing EU legislation which supports measures and procedures, by which health and safety of workers are being improved. Beside that, it does not limit national legislation in enacting regulations and laws, which may be having more strict and/or special provisions on this MONTENEGRO issue. Chapter 14: TRANSPORT Negotiating Team for the Accession of Montenegro to the European Union

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