Treaty establishing the Transport Community

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

NON-LEGISLATIVE ACT: Council Decision (EU) 2019/392 on the conclusion, on behalf of the European Union, of the Treaty establishing the Transport Community.

CONTENT: the Council adopted a Decision on the conclusion, on behalf of the Union, of the Treaty establishing the Transport Community.

The Treaty establishing the Transport Community was signed on behalf of the Union on 9 October 2017, subject to its conclusion at a later date, and has been provisionally applied since its signature. Its purpose is to create a Transport Community in the field of road, rail, inland waterway and maritime transport and to develop the transport network between the European Union and the parts of South-Eastern Europe, namely Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Kosovo, Montenegro and Serbia.

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.

To this end, the Treaty defines the rules applicable between the Contracting Parties.

In a statement, the Commission points out that the Treaty establishing a Transport Community does not contain provisions on market access for the transport of goods by road. Therefore, Regulation (EC) No 1072/2009 continues to apply at this stage in respect of the South-Eastern European parties.

As long as this situation remains unchanged, bilateral agreements concluded between Member States and parties in South-East Europe, including the authorisations contained in those agreements, may be maintained, in accordance with those provisions and subject to compliance with Union law.

In the event that the European Union and the Parties of South-Eastern Europe consider strengthening their cooperation by creating EU-wide market access opportunities in the road haulage sector, the corresponding agreements should be negotiated, signed and concluded in accordance with Article 218 TFEU.

ENTRY INTO FORCE: 04.03.2019.