politics

Chapter 14 closing soon

Photo: Government of Montenegro

Negotiating Chapter 14 Transport Policy deals with the unhindered flow of people, goods, capital and information within the European Union (EU). Its essence is for Montenegro to establish a system that is safer, more orderly, more competitive and more passenger-friendly, in line with EU rules.

This means harmonizing regulations on market access, social legislation for professional drivers, tachographs, infrastructure safety, passenger rights, railway safety, as well as air traffic management.

The aim of European policy in this chapter is to respond to the growing needs for mobility of citizens, goods and services within the EU. EU regulations in this area create the conditions for safer, more secure and more efficient transport, improved quality of transport services, improvement of existing and construction of new transport infrastructure. This chapter defines standards for reducing the harmful impact of transport on the environment, as well as more effective protection of passenger rights and implementation of social legislation.

Chapter 14 covers road, rail, air, sea and inland waterway transport.

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EU road transport policy aims to promote the efficient provision of goods and passenger transport services and create fair conditions for competition, to promote and harmonise safer and environmental standards, to ensure a level of fiscal and social coherence, and to guarantee that road transport rules are enforced effectively and without discrimination.

Rail transport encompasses a network of railways across the EU, which aims to develop a strong and competitive railway industry, create a railway market, improve interoperability, improve the safety of national networks and develop railway infrastructure.

The EU's common air transport policy contributes to making Europe's airspace the safest in the world.

Maritime transport enables trade and communication, ensures energy and food supplies, and is a leading source of employment and income for the European economy. 

Inland waterway transport is increasingly used due to its energy efficiency. The European Commission promotes the strengthening of the competitive position of inland waterways in the transport system.

Montenegro opened this Chapter at the Intergovernmental Conference in Brussels held on 21 December 2015. Montenegro has previously adopted or amended a number of key laws, achieving a high level of alignment with EU legislation, and the chapter is expected to be closed soon.

Passenger and driver rights will be at European level

For passengers: Chapter 14 concerns passengers whose rights in all modes of transport are aligned with European ones. Until now, these rights were less well defined, less standardized and more dependent on individual carrier conditions and general obligation protection, while now a European minimum of rights, a clear complaint procedure and monitoring of implementation are introduced. 

According to the EU standard for regular bus lines longer than 250 kilometers, if there is a cancellation or a delay of more than 120 minutes from the terminal, the passenger has the right to choose between rerouting/continuing the trip at no additional cost or a full refund of the ticket price. If the carrier does not offer this, the passenger may be entitled to a compensation of 50 percent of the ticket price, or a refund. If the trip is planned for more than three hours, and the departure is delayed by more than 90 minutes, the passenger is also entitled to basic assistance, such as information, food and refreshments, and if necessary, accommodation for up to two nights within the prescribed limits. 

However, a three-hour delay does not in itself mean automatic compensation, as in the case of air transport. In the case of bus transport, the key is whether the carrier, after a long delay in departure, offered the passenger the choice between a refund or alternative transport. If it did not do so, then the right to an additional 50 percent of the ticket price is activated. (Source: Regulation (EU) No. 181/2011 of the European Parliament, Head of the negotiating working group for Chapter 14, Nikola Veljović)

For professional drivers: Chapter 14 protects drivers by strengthening rules on work, rest and unfair competition. The essence of the European rules is not to eliminate domestic carriers, but to ensure that everyone operates under the same conditions, which relate to who can be a carrier, what professional qualifications are required, how drivers' work and rest are recorded, how tachographs work and rest, and under what conditions they can operate on the international market. (Source: EC Regulation No 561/2006 and amendments and Mobility Package)

Montenegro has adopted key laws and by-laws ensuring compliance with European Union social legislation, in particular in the areas of working time, driving and rest periods, the use of tachographs, as well as rules for access to the profession and the road transport market. By doing so, Montenegro has created a fair and competitive market, while at the same time strengthening road safety and protecting drivers' employment rights.

Market liberalization according to European rules does not mean anarchy, but equal conditions for all: clear rules for entering the market, professional qualifications, licensing, work and rest rules, combating the grey zone and unfair competition. This is the purpose of the regulations on access to the profession and the market, which Montenegro has transposed into its system. 

The problem does not arise from liberalization as such, but if the domestic sector enters it unprepared, without state support, digitalization and administrative efficiency. For irregular practices, this is the end of comfort, but for serious companies, this is an opportunity for growth. (Source: Head of the Chapter 14 negotiating working group, Nikola Veljović)

For ordinary drivers: For the ordinary driver, the changes will mean more order and more safety. Clearer technical and extraordinary vehicle inspections are being introduced, better regulated rules on driving licenses, stronger traffic safety supervision, more harmonised technical standards and greater use of technology in traffic supervision and management. For citizens, this means less room for irregular technical inspections, more control over unsafe vehicles on the road, more smart traffic management systems and clearer rules for young drivers and risky violations. Additional measures are also being introduced, such as stationary radars, regulation of micromobility and improvement of the traffic accident data system. The message for citizens is that European rules are being introduced not to punish drivers, but to make the system more predictable and safer for everyone. (Source: Head of the negotiating working group for Chapter 14, Nikola Veljović)

Myth VS Fact

MYTH: “When we join the EU, the European Union will ban old cars.” FACT: The EU is not coming up with a rule to “ban old cars” just because they are old. What the EU is asking for is that vehicles on the road are technically sound, safe and meet the prescribed standards. So, the focus is on safety and technical soundness, not on banning someone from driving an older vehicle just because of the year of manufacture. The emphasis is on periodic technical inspections, extraordinary checks on soundness and harmonisation of technical standards, not on banning old vehicles as such. It is more accurate to say that the EU is seeking a safer vehicle fleet, not “banning old cars.” (Source: Head of the negotiating working group for Chapter 14, Nikola Veljović)

MYTH: “Once we join the EU, registration will become too expensive.” FACT: There may be some costs to align the system, but Chapter 14 in itself does not automatically mean drastically more expensive registration. It means more order in roadworthiness tests, greater safety controls, and gradual alignment with European rules. (Source: Head of the Chapter 14 negotiating working group, Nikola Veljović)

How to check:

1.    https://eur-lex.europa.eu/ – svi EU zakoni i propisi;

2. ec.europa.eu/neighbourhood-enlargement – ​​European Commission; 

3. Progress reports on Montenegro (annual reports of the EC); 

4.    Nacionalni dokumenti: https://www.eu.me/poglavlje-14-saobracajna-politika/, https://www.gov.me/ (Ministarstvo evropskih poslova, Ministarstvo saobraćaja).

The text was written as part of the "EU Reality Check" project, implemented by the MINA agency. The project is supported by the broader "MedIA-Lit" program led by the Center for Civic Education (CCE) in partnership with the Helsinki Committee for Human Rights in Serbia (HCHRS), the Helsinki Committee for Human Rights in North Macedonia (MHC), the Tirana Center for Journalistic Excellence (TCJE) from Albania and the Atlantic Initiative (AI) from Bosnia and Herzegovina, with financial support from the European Union and co-financing from the Ministry for Regional Development, Investments and Cooperation with NGOs of the Government of Montenegro.

The content is the sole responsibility of MINA and does not necessarily reflect the views of the European Union, nor of CCE and project partners.

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