Commission Report (2002): Poland

• Progress since the last Regular Report
• Overall assessment
• Conclusion

Chapter 9: Transport policy

Progress since the last Regular Report

During the past year, Poland has continued to align its legislation with the acquis and made good progress in the air, road and maritime transport sectors.

The Polish Government adopted, in January 2002, a new national infrastructure development plan in accordance with the Trans-European networks that foresees investment of around 36 billion PLN (EUR 9.2 bn) for the upgrading and construction of motorways, expressways and other main roads from 2002 until 2005. The programme includes the construction and refurbishment of 550km of motorways and 200km expressways and the adjustment of 1500 km of main roads to EC standards for weights and dimensions. The investments are planned to be financed through taxes, revenues from the vignette (sticker) system and grants from the EC (ISPA, structural funds) and international organisations. The adoption of the plan has been accompanied by the reorganisation of the administrative structure in the Ministry of Infrastructure establishing the Department for Infrastructure Financing (10 employees). Furthermore, since April 2002, the Directorate General for National Roads and Motorways (GDDKiA) which reports to the Minister of Infrastructure, has been, responsible for the implementation of road projects. In 2001, 42 km of new roads were constructed and 34 km upgraded on the pan-European corridors.

In the land transport sector, very good progress has been achieved in the field of road transport. An important step was taken in January 2002 when the following laws entered into force: Law on road transport , Law on road traffic, Law on local taxes and charges and the Act on working time and rest periods for drivers. A legal framework in line with EU requirements is now in place and further progress has been achieved in adopting implementing legislation to these laws. Concerning admission to the profession, following the adoption of the January 2002 Ordinance, the Government designated the Road Transport Institute in Warsaw to issues the certificates of professional competence for access to the profession. A computerised database of examination questions has been developed, and there are already 25 examination centres in operation, supervised by the Institute. By June 2002, the Institute had issued 5000 new certificates.

As regards administrative capacity, implementation of the Law on road transport paved the way for the creation of the Road Transport Inspectorate, which will be essential to enforce EC standards in the field of social legislation and technical requirements. In December 2001, the Chief Inspector of this organisation and 16 regional Voivod inspectors were appointed. The first 80 national inspectors are being trained and they become operational in October 2002.

On railways, no major developments can be reported regarding legislative alignment. The difficult restructuring of the national railway company, PKP, is continuing. The labour-restructuring programme, approved by the trade unions, began in 2002; by January 2002, 71 362 employees out of 223 924 had been made redundant. It is expected that by the end of 2002 the target level of employment will have been reached. PKP had already become a holding company in the beginning of 2000. The infrastructure manager PLK S.A., PKP Cargo, PKP Intercity, PKP regional services have been set up and are operational. However, there have been delays on the separation of activities and the transfer of assets prior to the intended privatisation, for legal and financial reasons. The financial situation of Polish railways is continuing to deteriorate and at the same time figures in 2001 for freight (-14%) and passenger traffic (-7%) are falling. Competition on the national freight market is still limited, and concessions to private companies have been mainly given to specialised enterprises.

With respect to inland waterways transport, Poland adopted, in July 2002, the secondary legislation transposing technical requirements for inland waterways vessels and reciprocal recognition of navigability licences for inland waterways. In March 2002 there were 8 inland waterways inspectorates in operation responsible for carrying out the vessels inspections and issuing certificates of professional competence.

As regards air transport, significant legislative progress has been made through the adoption, in July 2002, of the Aviation Law which transposes important parts of the aviation acquis. In terms of administrative capacity the Main Commission on Aircraft Accidents Investigation became a functionally independent body operated by the Ministry of Transport and Maritime Economy. It has 5 permanent employees. The financial situation of the Polish national carrier deteriorated following 11th September and the bankruptcy of the outside stakeholder. An ongoing restructuring programme includes a 15% reduction in personnel. A co-operation agreement was signed in April 2002, under which the carrier will join one of the major alliances.

As regards maritime transport, the Maritime Code the Law on maritime safety and the amendment to the Law on seaports have entered into force respectively in June 2002, January 2001 and November 2001, putting in place the main legislative framework. In Poland there are 3 Maritimes Offices, under which operate the inspectorates which conduct the Flag State Control and the Port State Control, and the Inspectorate of Maritime Environmental Protection.

According to 2001 statistics under the Paris Memorandum of Understanding, the percentage of Polish flag vessels detained following Port State Control has been further reduced to 1.6% and lies below the average for EU-flagged vessels detained in 2001 (3.1%).

Overall assessment

As regards Trans-European Transport Networks, with the adoption of a new national infrastructure development plan, Poland has identified the main priorities for upgrading the road network; this is of particular importance for a transit country such as Poland, especially given the condition of the infra-structure network. In this context, Poland should intensify its preparations to rehabilitate the connections to the Baltic States. Poland has also to strengthen its administrative capacity in preparation for the significant investment that will be needed in road and rail infrastructure. A strengthening of administrative capacity is necessary and provisions to this end have been made in the 2003 budget. It is essential that they are accepted and fully realised.

As regards road transport, further efforts should concentrate on complete alignment with EC standards, in particular for social legislation, access to the profession and technical requirements. The full establishment and effective operation of the Road Transport Inspectorate, which is developing successfully, will be a key issue in this context. Poland should increase its efforts to improve road safety.

In the railways sector, the situation of Polish railways provides cause for concern. The share of rail in the freight transport market is continuing to decrease; and service in passenger transport is worsening, in particular in regions. The financial position of PKP is deteriorating due to lack of revenues and decreasing state subsidies. The restructuring of PKP needs to be given high priority. The Government is encouraged to pursue the restructuring of Poland's railways. Further efforts are necessary in order to allow for the transposition and implementation of the revised railway acquis. Legislative alignment needs to be completed, in particular the rail infrastructure charging framework should be revised. Particular attention should also be paid to ensuring the independence of the management of railway undertakings, the separating of infrastructure management from transportation operations and the strengthening of the railway administration, notably transparency in the accounts. Voivodship and Powiat authorities need to develop capacity significantly in preparation for assuming responsibility for regional and suburban passenger services.

Problems relating to the proper maintenance of the railway infrastructure resulting in an increasing number of speed limitations on the network require the preparation of a comprehensive rail infrastructure development. Poland is encouraged to further improve inter-operability of its rail system with neighbouring countries, in particular the Baltic states.

On inland waterways, the main elements of the acquis have been transposed following the adoption of the Inland Navigation Law in December 2000. Further alignment is still necessary as regards the adoption of implementing legislation and legislation on the Inland Waterways Fund and Reserve Fund. Further efforts are needed to strengthen administrative capacity in this sector.

Following the adoption of the aviation law, Poland needs to accelerate the adoption of the necessary implementing legislation and the establishment of the planned administrative structures to ensure the effective functioning of the Civil Aviation Administration and the Polish Air Traffic Agency.

In the field of maritime transport, the administrative capacity is generally sufficient to implement the acquis. Poland vessel detention rates as a result of Port State control are below the average for EU-flagged vessels. Implementing legislation needs to be adopted and increased co-ordination between the different levels of the relevant authorities is necessary. One issue outstanding is recognition of the Polish Register of Shipping as a classified society under the International Association of Classification Societies. Further efforts are also necessary to ensure compatibility with EC state aid guidelines.

Conclusion

In its 1997 Opinion, the Commission concluded that Poland had made notable progress in the adoption of the acquis in the transport sector and that, provided it moved swiftly and decisively on the operation of its domestic road haulage market and clarified the procedures for implementing the acquis in the rail sector, the sector was unlikely to pose major problems as regards adoption of the internal market acquis. The Opinion noted that it would be necessary to make sure, however, that the resources were available which were needed to lay the foundations for the future Trans-European transport network extended to the candidate countries, including transhipment centres such as sea ports and crossing points on the borders with the CIS countries, if these were to become the future external borders of the Union. The Opinion also underlined that it would be advisable for Poland's administrative structures, and in particular bodies supervising areas such as safety, to be rapidly reinforced.

Since then, Poland has made progress in aligning legislation, in particular over the last two years. Its legislation in the transport sector is now to a great extent in line with the EC acquis; the relevant framework laws are in place. However, implementing legislation remains to be adopted. Poland has also gradually reinforced its administrative capacity, but further strengthening is needed in some sectors.

Negotiations on this chapter have been provisionally closed. Transitional arrangements were granted to Poland in two areas: until December 2010 Poland may maintain lower maximum weight values for road vehicles than those laid dawn in the acquis and until the end of December 2006 Poland would not need to grant unlimited access to the Trans-European Rail Freight Network in Poland to railway undertakings established in other Member States. Poland has agreed to a transitional arrangement put forward by the EU concerning the gradual reciprocal access to the cabotage market in the road haulage sector. Poland is generally meeting the commitments it made in the accession negotiations in this field.

In order to complete preparations for membership, Poland's efforts now need to focus on the implementation of the aviation acquis, the fiscal and social/technical acquis in the road sector, further liberalisation of rail transport and continuous improvement of the maritime safety record. Particular attention will need to be paid to further strengthening the maritime safety authorities, and guaranteeing their independence. Administrative capacity to prepare infrastructure projects in the road and rail sector should be enhanced.

---

Next: Chapter 10: Taxation
Up: 3.1. The chapters of the
Previous: Chapter 8: Fisheries