Treaty establishing the Transport Community

PURPOSE: to conclude, on behalf of the European Union, of the Treaty establishing the Transport Community.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

BACKGROUND: the Commission negotiated, on behalf of the Union, a Treaty establishing the Transport Community between the European Union and Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Kosovo, Montenegro and Serbia.

The Transport Community Treaty was signed on behalf of the Union on 9 October 2017, subject to its conclusion at a later date, in accordance with Council Decision 2017/1937, and it has been applied on a provisional basis in accordance with Article 41(3) of the Transport Community Treaty.

As a reminder, the aim of this Treaty is the creation of a Transport Community in the field of road, rail, inland waterway and maritime transport as well as the development of the transport network between the European Union and the South East European Parties. The Transport Community is based on the progressive integration of transport markets of the South East European Parties into the European Union transport market on the basis of the relevant acquis, including in the areas of technical standards, interoperability, safety, security, traffic management, social policy, public procurement and environment, for all modes of transport excluding air transport.

CONTENT: the Council draft seeks to approve, on behalf of the European Union, the Treaty establishing the European Transport Community (TCT).

Meetings of the Ministerial Council or the Regional Steering Committee established, respectively, should be properly prepared within the Council, based on proposals and other documents from the Commission. The Commission should be empowered to approve, on behalf of the Union, amendments to the lists of Union acts set out in Annex I to the Transport Community Treaty and after appropriate consultation.

The Commission shall, as soon as possible before meetings of the Ministerial Council or the Regional Steering Committee, submit to the Council or its preparatory bodies, in the appropriate format, for adoption or consultation as the case may be, in accordance with the TFEU and the Treaty on European Union, and in particular in compliance with the principle of sincere cooperation, draft Union positions and statements on the matters that will be discussed at the respective meeting.

The position to be taken by the Union as regards decisions of the Regional Steering Committee regarding merely the updating of Union acts set out in Annex I to the Transport Community Treaty shall be adopted by the Commission. Before adopting any such decision, the Commission shall consult the Council on the anticipated position sufficiently in advance and by means of a written preparatory document.

Any adjustments to Union acts to be incorporated into Annex I to the Transport Community Treaty shall be limited to technical adjustments necessary for the purposes of such incorporation.