Commission Report 2002 (Slovakia)

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

Chapter 9: Transport policy

Progress since the last Regular Report

Slovakia has made further progress in the transport sector since the previous Regular Report, especially in the road transport and aviation sector.

As regards Trans-European Transport Networks, since the approval, in 2001, of the ``National Development Plan 2001 - 2006''., apart from some limited motorway construction work, only small specific developments can be reported. The Slovak government in 2002 approved the construction project connecting Viedenska Cesta and Pristavny Most, which is intended to improve the quality of the transport corridor in Bratislava and reduce the heavy traffic on the existing roads in the area.

In the land transport sector, road transport legal alignment has progressed. In January 2002 the Road Law came into force harmonising Slovak vehicle taxes and user charges with the fiscal harmonisation acquis. In June 2002 new regulations aimed at harmonising Slovak legislation in the field of admission to the occupation of road transport operator with EC rules entered into force. Transport licences will now be granted for a maximum period of 5 years. This legislation will also ensure full compliance with EC rules on use of vehicles hired without drivers for the carriage of goods by road.

On railways, restructuring of the Slovak Railways (ZSR) continued. As of January 2002, the company was split up into Zeleznicna Spolocnost (ZS), which will be responsible for the commercial activities, and Zeleznice Slovenskej Republiky (ZRS) with responsibility of the national railway network and related servicing activities. No further progress can be reported concerning the establishment of the Railway Regulatory Body during the reporting period.

Regarding Inland waterways, no particular development can be reported.

As regards air transport, Slovakia aligned its legislation with a substantial part of the aviation acquis. The new Civil Aviation Act, which entered into force in January 2002, introduces the conditions for independent investigations of civil aviation accidents, access to ground handling market at community airports, licensing of air carriers and common rules on the allocation of slots. The establishment of the independent Air Accident Investigation body has been finalised and is scheduled to be operative before the end of 2002.

As regards maritime transport, the Slovak Government in April of 2002 has completed the privatisation of the enterprise Slovenská Plavba Pristavy a.s. Apart from the transposition of the EC legislation on marine equipment no major legislative developments can be reported as Slovakia had already aligned with most of the relevant acquis in the sector.

Overall assessment

As regards Trans-European Transport Networks, Slovakia should continue with the further modernisation and development of the main transport infrastructure network. The capacity of the Ministry of Transport to prepare, manage and monitor transport projects should be strengthened.

As regards road transport, major progress has been achieved, notably concerning alignment with the fiscal acquis, technical requirements for motor vehicles and the development of collective passenger transport. Further efforts are still to be made in the transposition and implementation of social rules (admission to the occupation and driving times and rest periods) and as regards the implementation on the requirement related to tachographs in particular for domestic road transport operations. Slovakia still has to ratify the INTERBUS Agreement on the international occasional carriage of passengers by coach and bus in January 2002. Administrative capacity should be strengthened, in particular to reach the mandatory checking levels of road transport undertakings and drivers as required by the relevant acquis.

In the railways sector significant steps forward as regards the future organisation of the Slovak Railways have been made. Further efforts are required to align fully with the revised railway acquis, including the setting up of a Railways Regulatory Authority. Slovakia has indicated that the new railway package will be fully implemented on 1 January 2004 through new amendments to the 2001 Act on Railway Joint-stock Company and the 1993 Act on Railways. This should be ensured. Slovakia plans to establish the Railways Regulatory Authority by transforming and strengthening the existing State Rail Office by January 2003. Slovakia should also ensure that the allocation of infrastructure capacity will be fully aligned with EC legislation and that interoperability requirements are fully respected.

As regards the inland waterways sector, it is necessary to complete legislative alignment, in particular Slovakia should also ensure that its commitment to create conditions for the implementation of EC legislation to promote inland waterway transport, including the establishment of the Inland Waterway Transport Fund as of January 2003, is adhered to.

As regards air transport, the legislation regarding an independent aviation accident investigation body is in place. It must now be ensured that the body becomes operational. Generally the legislative framework in this sector seems to be in line with EC requirements, Slovakia should continue to progressively incorporate the Joint Aviation Requirements (JARs).

As regards maritime transport, although Slovakia is a landlocked country full alignment with the maritime acquis has to be ensured.

As regards administrative capacity some progress have been achieved, but there is still a general need to improve the overall administrative capacity in the transport sector, including staffing, and to enhance co-ordination between the different ministries and bodies involved in the sector.

Conclusion

In its 1997 Opinion, the Commission concluded that the Slovak Republic had made progress in adapting transport legislation to the acquis. The report added that considerable progress was still needed to be made, however, on road haulage (particularly market access, safety standards and taxation) and railways, where the effective adaptation of legislation would have to be monitored. The situation in these two sectors had to improve if the transport sector was not to pose serious difficulties as regards the adoption of the internal market acquis. The report further stated that steps had also to be taken to ensure that the means required to lay the basis for the extension to the accession countries of the trans-European transport network were provided. This required particular attention because Slovakia, as a mountainous country, faced higher costs in constructing infrastructures, which placed the country at a disadvantage compared with neighbouring countries in which TENs were being more easily developed. Finally, Slovak administrative structures, including inspection bodies, for example those in the area of safety, were to be rapidly and significantly strengthened at all levels to prevent them further slowing the country's progress.

Since the Opinion Slovakia has made steady progress in transposing EC requirements into its national legislation. Substantial changes have occurred in most of the transport areas, notably as regards rail and road transport. Overall, Slovakia's legislation in the transport sector is now to a great extent in line with the acquis. Administrative capacities have been gradually improved, but need further strengthening.

Negotiations on this chapter have been provisionally closed. Slovakia has not requested any transitional arrangements in this area. Slovakia has agreed to a transitional arrangement put forward by the EU concerning the reciprocal access to the cabotage market in the road haulage sector. Slovakia is generally meeting the commitments it made in the accession negotiations in this field.

In order to complete preparations for membership, Slovakia's efforts now need to focus on the implementation on the social/technical acquis in the road transport area and the further legislative alignment in the rail sector. In the inland waterways sector, particular attention will need to be paid to completing legislative alignment with a view to the setting up of an Inland Waterway Fund. As regards air transport, the independent aviation accident investigation body should become operational. Slovakia's efforts also need to focus on the improvement of the overall administrative capacity in the transport sector, including staffing, and on the enhancement of the co-ordination between the different ministries and bodies involved in the sector.

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