Commission Report 2002 (Romania)

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

Chapter 9: Transport policy

Progress since the last Regular Report

During the reporting period, Romania has made further progress in harmonising its legal framework, in particular in the field of road transport, and has started to reorganise the institutions responsible for inland waterways and maritime transport in order to improve their efficiency.

Regarding Trans-European Transport Networks, the rehabilitation of Romania`s national infrastructure is ongoing. Considering the costs that are involved, budgetary constraints are the main limiting factor.

As far as land transport is concerned, progress was made with harmonising legislation in the area of road transport. An Ordinance of January 2002 introduced the concept of tariffs for the use of road transport infrastructure: the level of road user charges will gradually increase with a view to ending discrimination between Romanian and Community hauliers. An Ordinance of January 2002 established the driving times and rest periods for drivers performing national road transport activities: there is to be gradual implementation in order to align with the acquis by 2006. Romania has continued to align its legislation with the acquis on the transport of dangerous goods by road. The EC/Romania Transport Agreement entered into force in June 2002 and the European Agreement on International Occasional Carriage of Passengers by Bus (INTERBUS) was ratified in June 2002.

On railways, the law regarding rail transport of dangerous goods was adopted in December 2001, further harmonising Romanian legislation with the acquis in this field.

In the inland waterways sector, no progress was made with the alignment of technical requirements for Romanian vessels with those of the EC.

As concerns air transport, more implementing legislation on the harmonisation of technical requirements and administrative procedures in the field of civil aviation was approved. Romania also adopted legislation on the investigation of civil aviation accidents and incidents. Restructuring of the national carrier continued: a cost reduction programme is under way; most of the non-profitable long-haul lines have been cancelled; and the use of the commercial fleet has been optimised.

With regard to maritime transport, further significant legislative alignment can be noted. A framework law on Maritime and Inland Waterway Transport was adopted in June 2002, which will form the legal basis for alignment with a number of provisions of the acquis regarding both non-safety and maritime safety issues. The law also establishes the institutional framework for implementing the acquis on maritime safety, in particular by setting up a new body, the Romanian Naval Authority, through the merger of the existing bodies. It will be fully responsible for flag state implementation, Flag State control and Port State control.

Furthermore, the authorities have continued their policy of ``cleaning up'' their national shipping registry, and the total number of vessels flying the Romanian flag has decreased to 43. However, these positive developments have not yet resulted in acceptable detention rates. According to 2001 statistics under the Paris Memorandum of Understanding, the percentage of Romanian flag vessels detained following Port State control has increased again to 23.5%, despite improving considerably from 29.6% in 1999 to 19.1% in 2000. This compares with an average for EU-flagged vessels of 3.1% in 2001.

Overall assessment

As regards Trans-European Transport Networks, Romania is implementing its long-term rehabilitation plan. Special emphasis should be given to ensuring the necessary administrative capacity (both in qualitative and quantitative terms) to prepare for the significant investments that will be needed in road and rail infrastructure.

On road transport, Romania has made steady progress in terms of legislative alignment. Romania also needs to strengthen its administrative capacity to enforce newly adopted legislation related to social, technical and fiscal issues. In particular, Romania should ensure that the roadside inspection of vehicles does not give rise to any de facto discrimination between Romanian and EC hauliers and/or vehicles.

As regards railways, Romania is now well advanced in terms of legislative alignment with the relevant acquis; in particular, infrastructure management has been separated from the provision of rail transport services. The reorganisation of the railway sector is practically completed.

Concerning inland waterways, Romania has made no progress in restructuring its fleet in order to meet future competition and to comply with the technical standards set by the acquis. These delays mean that the inevitable restructuring process will become considerably more difficult.

Concerning air transport, Romania has continued to transpose the acquis and has started to improve the management of its national carrier in order to prepare it for competition with foreign companies by the time of accession. Thanks to these measures, the carrier`s losses have been significantly reduced, but major additional reforms will be needed to reach a financial equilibrium. Romania should continue with the necessary legislative alignment in the sector. Proper attention should be given to the necessary strengthening of administrative capacity in the sector.

As regards maritime safety, Romania`s detention rate remains worryingly high and the Romanian flag is still on the Black List of the Secretariat of the Paris Memorandum of Understanding on Port State Control. Romania has reorganised its institutions in order to avoid duplication and excessive dilution of responsibilities - but whether these changes lead to an actual improvement in safety standards remains to be seen. Romania needs to enhance maritime safety and considerably intensify its efforts to decrease the detention rates for inspected ships.

Conclusion

In its 1997 Opinion, the Commission noted that Romania had made progress in the adoption of the acquis in the transport sector. However, its entry into the internal transport market would remain subject to rapid alignment to the acquis (particularly with regard to safety in the shipping and road haulage sectors). The Commission also concluded that Romania would need to make resources available to improve transport infrastructure and to lay the foundations for the future trans-European transport network, and that Romania`s administrative structures, and in particular those bodies supervising areas such as safety, needed to be rapidly and substantially reinforced.

Since the Opinion, Romania has made steady progress with the transposition of the transport acquis and with the establishment of the required administrative structures - although the degree of progress has varied considerably depending on the transport sector. Most work has been carried out with regard to road and railway transport while positive developments were also recorded in the area of aviation. Progress in the area of maritime safety and inland waterways was more limited. Additional legislative efforts are needed to complete the process of legislative alignment. Institutional mechanisms and budgetary means for implementing the acquis also need to be developed.

Negotiations on this chapter continue.

Romania should focus further efforts on developing institutions able to enforce the new legislation, and securing the necessary funding to make the heavy investments required by the acquis. Further efforts will also be needed to implement the fiscal and social/technical acquis in the road sector, to transpose and implement the acquis in the aviation and maritime sectors, to considerably improve the maritime safety record, to restructure the inland waterways fleet to meet EC standards, and to strengthen the maritime safety authority while also guaranteeing its independence.

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