Commission Report (2002): Czech Republic

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

Chapter 9: Transport policy

Progress since the last Regular Report

In the area of transport policy, further progress has been made in the Czech Republic since the last Regular Report, in particular as concerns land transport.

Concerning Trans-European Transport Networks, little progress has been achieved in transport infrastructure construction, although work is ongoing to prepare and adopt relevant projects. The State Transport Infrastructure Fund, established in 2000, continued its efforts to develop transport infrastructure, including at trans-European level. The Fund is responsible for financing the development of roads, motorways, railways and inland waterways. Financing is provided to approximately 100 beneficiaries, the most important of which are Czech Railways and the Road and Motorways Directorate in the Ministry of Transport. This year the Fund is operating with a budget of CZK41.3bn (EUR 1.3bn). The State Transport Infrastructure Fund recently increased its staff to approximately 30 people. With regard to land transport, further legislative alignment can be noted. On road transport, there was alignment with regard to EC rules on driving licenses and social legislation on driving times and rest periods in the road transport sector. An amendment to the Act on Roads enabling private investment in public infrastructure was also adopted. It allows for transfer of some ownership rights to a private investor for a maximum of 30 years. A further amendment to the Act on Road Transport was adopted which aligns Czech legislation with the acquis on provision of safety advisors for the transport of dangerous goods.

Concerning the technical control and supervision of road transport, in February 2002 the Government approved an enforcement concept providing for the establishment of external mobile enforcement teams to monitor compliance by trucks with technical and safety standards.

As regards railway transport, the Act on Czech Railways Restructuring was adopted in February 2002. According to the Act, the current rail operator, Czech Railways, will be divided into two entities: the joint-stock company Czech Railways, fully owned by the State, for rail passenger and freight operations, and a special State Authority, Railtrack Administration, for the ownership and financial management of the construction and maintenance of track. However, the actual management, construction and maintenance of track will be delegated back to Czech Railways.

On inland waterways transport, no developments can be reported in this area.

With regard to air transport, in June 2002 an amendment to the Act on Civil Aviation was adopted providing, inter alia, for the establishment of an independent air accidents investigation body. The Czech Republic, as a member of the Joint Aviation Authority, participates in the drafting and preparing of Joint Aviation Requirements (JAR) and has continued to adopt and implement new JARs. The Czech Civil Aviation Authority has further increased its staff since mid-2000 by 41 employees, 10 of whom were recruited in the last quarter of 2001.

No developments have been registered regarding maritime transport.

Overall assessment

As regards Trans-European Transport Networks, the State Fund for Transport Infrastructure is still understaffed in relation to the increased number of infrastructure projects for which it is responsible. The Fund should further increase staff levels according to the approved institutional plan, which provides for 43 employees.

As regards road transport, the Czech Republic is advanced in terms of legal alignment with the relevant acquis. Further efforts are still to be made in the implementation of social rules (checks on driving times and rest periods) in particular for domestic road transport operations. The ratification process of the INTERBUS agreement remains to be completed. Following the adoption of the amendment to the Act on Road Transport, recruitment of safety advisers must be ensured. The newly adopted concept of enforcement of technical State controls of road transport represents a step forward in the process of strengthening administrative capacity in road transport. Nevertheless, work needs to be done on implementation and the concept remains to be put in practice.

In the railways sector, considerable further effort is still necessary for the implementation of the revised railway acquis. Although the adoption of the new Act on Czech Railways Restructuring represents a step forward, legislative alignment needs to be completed, in particular concerning the allocation of infrastructure capacity and on the issue of the interoperability of the rail system. Special attention should be paid to how the essential functions of infrastructure management are organised and carried out. Restructuring and modernisation of the sector should continue in order to make rail transport more competitive and cost-effective. The capacity of the railway administrations must be reinforced.

As far as inland waterway transport is concerned, the Inland Waterway Fund still needs to be set up and EC rules concerning safety advisors for the transport of dangerous goods still need to be transposed.

As regards air transport, the overall level of transposition and implementation of EC rules in the field of civil aviation is good. Following the amendment to the Act on Civil Aviation, the independent air accidents investigation body needs to be made operational. A decision on who will be the national co-ordinator for slot allocation still has to be adopted and implemented. Currently the task is carried out by a co-ordinating committee composed of a representative of Czech Airlines and of the Czech Aviation Authority.

With regard to maritime transport, the Czech Republic is a member of the International Maritime Organisation and the level of harmonisation in this field is high.

Concerning administrative capacities, in line with the public administration reform, responsibilities will be transferred from district offices dealing with transport issues to either regional offices or to municipalities with an authorised municipal office or with extended delegated competencies. For this, a significant increase in the number of officials is required.

Conclusion

In its 1997 Opinion, the Commission concluded that the Czech Republic had made notable progress in the adoption of the acquis in the transport sector. Provided that it improved the operation of its domestic road haulage market (in particular on market access, safety rules and tax) and the financial transparency of the rail sector, the transport sector was unlikely to pose major problems as regards adoption of the internal market acquis. It would be necessary, however, to make sure that the resources needed to lay the foundations for the future trans-European transport network, extended to include the new member countries, were made available. It would also be advisable for the Czech Republic`s administrative structures, and in particular bodies supervising areas such as safety, to be rapidly reinforced.

Since the Opinion, the Czech Republic has made steady progress in aligning with the acquis. Its legislation in the transport sector, in particular on road transport and air transport is now to a great extent in line with the EC acquis. Overall, administrative structures are partially in place and need further strengthening throughout the transport sector.

Negotiations on this chapter continue. The Czech Republic has not requested any transitional arrangements. The Czech Republic is meeting the majority of the commitments it has made in the accession negotiations in this field. However, delays have occurred on the setting up of an independent air accident investigation authority; this is being addressed.

In order to complete preparations for membership, the Czech Republic`s efforts now need to focus on the implementation of the social acquis in the road sector, substantial further legislative alignment with the railways acquis, the completion and strengthening of the institutional framework throughout the transport sector and the development of transport infrastructure in line with the Trans-European Transport Networks.

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