Department for Maritime and Transport Law is proud to announce the publication of a monograph on the issue of "European Transport Law", prepared by the Department associates and colleagues from the Academy and practice.
The publication is a result of a multi-annual work and scientific research of seven authors (Nikoleta Radinov, Tamara Ćapeta, Jasenko Marin, Božena Bulum, Ana Kumpan, Nikola Popović, Iva Savić) in the field of European Union transport law and policy, including wider areas such as the market competition, protection of the environment, and the passengers' rights in particular transport modes.
"Taking into consideration the importance of transport industry for revitalization of the local economy, and the necessity of domestic transport industry to know and understand the EU transport law regulations in order to survive in a highly competitive surroundings, a group of authors have undertaken a difficult task of presenting and interpreting the EU acquis in the field of transport… The purpose of the publication is to offer a concise context of the acquis's development, issues that have arisen during its formulation, and the present meaning and contents to a reader who has little time to understand and acquire the necessary knowledge regarding a specific questions or European transport law in general"
(Foreword)
For a Table of Contents visit the following link.
For a Summary Review, see the document available at the Repository at the bottom of this page.
The publication is available in the Library of Faculty of Law, University of Zagreb (Trg maršala Tita 3).
TABLE OF CONTENTS
I. TRANSPORT LAW AND EUROPEAN UNION POLICY
(Prof. dr. sc. Tamara Ćapeta)
1. GENERALLY ON TRANSPORT LAW AND EU POLICY
2. TRANSPORT PROVISIONS IN THE FOUNDING TREATY
2.1. Differentiation between the land transport and sea and air transport
3. DEVELOPMENT OF EUROPEAN TRANSPORT POLICY
3.1. Obligation on creating the Common Transport Policy
3.2. Project of Internal Market, White Paper and Single European Act
3.3. Towards the sustainable integrated transport policy
4. DIVISION OF COMPETENCES BETWEEN EU AND MEMBER STATES IN THE TRANSPORT SECTOR
4.1. Principle of Divided Competences
4.2. Transport – competence divided between EU and Member States
4.3. Principles of Subsidiarity and Proportionality
4.4. Control of division of competences between the EU and Member States
4.5. External competences of EU in the transport sector
5. LEGAL REGULATION OF TRANSPORT IN EU
5.1. Applicability of the Founding Treaty to the transport sector
5.2. Transport and creation of Internal Market
5.3. Negative integration
5.3.1. Freedom of movement of goods and transport
5.3.2. Freedom of movement of workers, establishment and transport
5.3.3. Transport and the protection of market competition
5.3.4. Transport and freedom of supply of services
5.4. Positive integration
5.4.1. Legal basis for adoption of the European transport legislation
5.4.2. Framework of European transport legislation – horizontal provisions of the Treaty
6. ADOPTION PROCEDURE OF TRANSPORT LEGISLATION IN EU
6.1 Institutions involved in the adoption of transport legislation
6.1.1. European Commission
6.1.2. European Parliament
6.1.3. Council of Ministers
6.2. Adoption of internal decisions in the transport sector
6.3. Conclusion of international treaties in transport sector
6.3.1. Problem of disconnection clause in international treaties
1. DEVELOPMENT OF COMMON TRANSPORT POLICY IN THE RAILWAY SECTOR
1.1. 1950 – 1990 period
1.2. Period from 1990 onward
2. ACCESS TO THE PROFESSION OF THE RAIL CARRIER: RESTRUCTURING OF THE RAILWAYS
2.1. Division of railway carriers from the railway infrastructure management
2.2. Railway infrastructure management
3. ACCESS TO THE MARKET: FREEDOM OF RAILWAY CARRIAGE SERVICES
3.1. Creation of the Single market of railway carriage services
3.1.1. Opening of the railway freight transport market
3.1.2. Opening of the railway passenger transport market
3.2. Right of access to the infrastructure
3.3. Licensing of the railway carriers’
3.4. Allocation of the infrastructure capacity
3.5. Pricing for the access to the infrastructure capacity (tariffs)
3.6. Regulatory body
4. COMPETITION IN THE RAILWAYS SECTOR – SOME ISSUES
4.1. State subsidies
4.1.1. Subsidies to railway operators for the use of railway infrastructure
4.1.2. New carrying capacities
4.1.3. Sanitation of debts
4.1.4. Restructuring of the rail freight transport sector
4.1.5. Coordination of transport
4.1.6. State guaranties for the railway operators
5. INTEROPERABILITY AND SAFETY OF THE RAILWAY TRANSPORT
5.1. Interoperability of the railway transport
5.1.1. Period 1996 – 2008: parallel development of the high-speed and conventional railways
5.1.2. Period from 2008 onward: uniform regulation of interoperability
5.2. Railway transport safety
5.2.1. National Safety Management Body
5.2.2. Safety requirements for the railway operators
5.2.3. Safety requirements for the infrastructure management
5.2.4. Train crew certificates
5.2.5. ERTMS
5.3. European Railways Agency
5.4. Transport of dangerous and noxious substancies by rail
5.5. Investigation of railway accidents
6. PROTECTION OF THE PASSANGERS’ RIGHTS
6.1. Carriage of passengers
6.1.1. Rights of passengers in case of death, bodily injury or delay in arrival
6.1.2. Rights of passengers in cases of delay in boarding, cancelled trip or connectivity loss
6.1.3. Rights of passengers with reduced mobility
6.1.4. Right of safety and quality of service
6.1.5. Double competence problem in external relations with respect to the Regulation 1371/2007
6.2. Carriage of freight
7. SOCIAL ISSUES
7.1. Working hours and working conditions of the train crew
III. ROAD TRANSPORT (Dr. sc. Ana Kumpan)
1. ACCESS TO THE PROFESSION OF THE ROAD CARRIER
1.1. Legal framework
1.2. Concept of road carrier
1.3. Conditions
1.3.1. Establishment of road carrier
1.3.2. Good repute
1.3.3. Financial capacity
1.3.4. Professional capacity
1.4. Mutual recognition of documents and approvals
1.5. National registries of carriers
2. ACCESS TO MARKET: FREEDOM OF PROVIDING SERVICES OF ROAD CARRIAGE
2.1. Licensing road carrier service
2.1.1. Driver attestation
2.2. Conditions for access to international carriage market
2.2.1. Carriage of goods
2.2.2. Carriage of passengers
2.2.2.1. Regular (liner) carriage
2.2.2.2. Periodical carriage
2.2.2.3. Carriage for own account
2.3. Conditions for access to cabotage market
2.3.1. Carriage of goods
2.3.2. Carriage of passengers
2.3.3. Cabotage document
2.3.4. Restriction of cabotage
2.4. Application of national legislation on international road carriage and cabotage
2.4.1. International carriage
2.4.2. Cabotage
2.5. Mechanisms of intervention in cases of crisis or market disruption
2.5.1. Mechanisms of intervention in cases of crisis on the market of international freight carriage
2.5.2. Mechanisms of intervention in cases of disruption of cabotage market
2.6. Setting of the price of carriage (tariffs)
3. CERTAIN ISSUES OF MARKET COMPETITION IN ROAD CARRIAGE
3.1. Prohibited agreements
3.2. Rules of procedure
3.3. Prohibition of discrimination
3.3.1. Application of the prohibition of discrimination principle
3.3.2. Prohibition of discrimination in setting of prices
3.4. State subsidies in road carriage
4. TECHNICAL STANDARDS AND SAFETY STANDARDS
4.1. Driver licenses
4.1.1. Mutual recognition of drivers' licenses
4.1.2. Initial qualifications and continuous education of drivers
4.2. Harmonization of technical requirements for road transport vehicles
4.2.1. Construction of vehicle
4.2.2. Vehicle viability
4.2.3. Safety of vehicle
4.2.4. Dimensions of vehicle
4.3. Carriage of hazardous and noxious goods by road
4.3.1. European Agreement on the International Carriage of Dangerous Goods by Road (ADR) and EU regulations
4.3.2. Certification of vehicles for carriage of hazardous goods on road
5. FISCAL REGULATIONS
5.1. Income tax
5.2. Vehicles taxes
5.2.1. Vehicle registration fee
5.3. Road taxation
5.4. Taxes on energy products
6. SOCIAL REGULATIONS
6.1. Working hours for drivers in road transport
6.1.1. Tachograph
6.1.2. Controls and sanctions
6.2. Working hours of workers employed in the road carriage sector
7. ROAD CARRIAGE AND EXTERNAL COMPETENCES OF THE EU
7.1. Multilateral agreements
7.2. Bilateral agreements
V. EU TRANSPORT LAW NORMS WITH HORIZONTAL EFFECT ON LAND TRANSPORT (Mr. sc. Nikola Popović)
1. MARKET COMPETITION IN LAND TRANSPORT
1.1 Prohibited agreements, abuse of a dominant position and control of concentration
1.2. State subsidies in land transport
1.2.1. Public services obligations (PSO)
1.2.2. Public carriage contracts
1.3. Pricing policy as an obstacle for free movement of goods
2. CARRIAGE OF HAZARDOUS AND NOXIOUS GOODS ON LAND
IV. INLAND WATERWAY TRANSPORT (Prof.dr.sc. Jasenko Marin)
1. IMPORTANCE AND POTENTIALITY OF INLAND WATERWAY TRANSPORT
2. LEGAL FRAMEWORK APPLICABLE TO INLAND WATERWAY TRANSPORT
2.1. Classification of European inland waterways
2.2. Problem of multiple legislative framework
2.2.1. Central Commission for Rhine Navigation (CCNR)
2.2.2. Danube Commission
2.2.3. International Sava River Basin Commission (Sava Commission)
3. NAIADES ACTION PROGRAMME
4. MARKET ACCESS: FUNCTIONING OF THE INLAND WATERWAY TRANSPORT MARKET
5. ACCES TO THE OCCUPATION OF CARRIER BY INLAND WATERWAY
6. SAFETY OF THE NAVIGATION AND ENVIRONMENTAL PROTECTION
6.1. Competences of boatmasters
6.2. Technical requirements for inland waterway vessels
6.3. River Information Services (RIS)
6.4. Environmental protection and the carriage of dangerous goods
7. PROTECTION OF THE TRANSPORT USERS’ RIGHTS
7.1. Liability of the shipowner and the carrier
7.2. Protection of the passengers’ rights
VI. MARITIME TRANSPORT (Dr.sc. Božena Bulum)
1. ORIGIN OF THE EUROPEAN MARITIME LAW
1.1 Maritime transport in the Treaty of Lisbon
1.2. Development of the common European maritime policy end European maritime law
1.3. Development of European port policy
2. ACCESS TO THE MARKET: FREEDOM TO PROVIDE MARITIME TRANSPORT SERVICES
2.1. 1986 Regulations on access to the EU maritime transport market
2.1.1. Regulation 4055/86
2.1.2. Regulation 4058/86
2.2. Access to the EU maritime cabotage market
2.2.1. Opening of the EU maritime cabotage market
2.2.2. Persons entitled to provide services of maritime cabotage
2.2.3. Regulation concerning crew members
2.2.3.1. Allowable content of the host state laws on crew members
2.2.4. Scope of the application of Regulation 3577/92
2.2.5. Public service obligation (PSO)
2.2.5.1. Difference between the public service contract and the public service obligation
2.2.5.2. Procedure of imposing the public service obligation
2.2.5.3. Market access and competition on the public service routes
2.2.5.4. Duration of public service contracts
2.2.5.5. Granting exclusive rights
2.2.5.6. Public service contracts in the case of “small islands”
2.2.5.7. State aid granted to compensate for public service obligations
2.2.6. Safeguard measures
3. ACCESS TO THE MARKET: FREEDOM TO PROVIDE PORT SERVICES
3.1. Decisions of the European Court of Justice and European Commission dealing with access to the market of port services in the EU
3.2. Green Paper on sea ports and maritime infrastructure, 1997
3.3. Communication of the Commission, 2001
3.4. Directive proposals on market access to port services
3.5. Communication on a European ports policy
4. COMPETITION IN MARITIME TRANSPORT
4.1. Special competition rules applying to maritime transport sector
4.2. Prohibitions and block exemptions for maritime carriers
4.2.1. Liner conferences
4.2.1.1. Convention on a Code of Conduct for Liner Conferences
4.2.1.2. Liner conferences in the EU law
4.2.1.3. Regulation 4056/86 and the block exemption for liner conferences
4.2.1.4. Revision of Regulation 4056/86
4.2.2. Guidelines on the application of Article 81 of the EC Treaty (Article 101 of Lisbon Treaty) to maritime transport services
4.2.2.1. Definition of the relevant market
4.2.2.2. Calculation of market share
4.2.2.3. Horizontal cooperation agreements in the maritime transport sector
4.2.3. Liner consortia
4.2.3.1. Regulation 906/2009
4.3. Shipping pools
4.3.1. Shipping pools pursuant to Guidelines on the application of Article 101 of the Lisbon Treaty to maritime transport services
4.4. Abuses of dominant position by maritime carriers
4.5. Concentrations between maritime carriers
4.6. Implementations of the competition rules in maritime sector
4.6.1. Regulation 1/2003
4.7. State aid in the EU maritime transport
5. COMPETITION IN THE SEA PORT SECTOR
5.1. ECJ decisions dealing with the competition in European sea ports
5.2. State aid in the sea port sector
5.2.1. Vademecum on state aid to sea ports
5.2.1.1. State aid related to the construction of seaport infrastructures, superstructures and movable port property
5.2.1.2. State aid related to the providing of port services
6. MARITIME SAFETY AND THE PROTECTION OF MARINE ENVIRONMENT FROM THE POLLUTION
6.1. EU response to the pollution of marine environment during the between 1978 - 1982
6.2. Common policy on safe seas
6.3. Safety standards for passenger ships
6.4. Erika and Prestige disasters
6.5. Third EU maritime safety package
6.5.1. Quality of European flag
6.5.2. Classification societies
6.5.3. Port State control
6.5.4. Vessel traffic monitoring
6.5.5. Investigation of maritime accidents
6.5.6. Carrier liability and the compensation for the death of or personal injury to the passenger
6.5.7. Insurance of shipowner’s liability for maritime claims
7. SHIP AND PORT SECURITY
7.1. Regulation 725/2004
7.2. Directive 2005/65
7.3. Regulation 324/2008
VII. AIR TRANSPORT (Iva Savić, dipl. iur.)
1. LEGAL FRAMEWORK FOR AIR TRANSPORT
1.1. Chicago Convention and freedoms of the air
1.2. International air transport law organizations
1.2.1. International governmental organizations
1.2.1.1. International Civil Aviation Organization (ICAO)
1.2.1.2. European governmental organizations for air transport
1.2.2. Private international organizations
1.2.2.1. International Air Transport Association (IATA) 1.2.2.2. Association of European Airlines (AEA) and European Regional Airlines Association (ERA)
1.3. Early stages of European Air Transport Law
1.3.1. Air transport in the Founding Treaties
1.3.2. The idea of liberalization – air transport development in the EU
1.3.3. Important European aviation organizations for harmonized development of air transport
1.3.3.1. European Civil Aviation Conference (ECAC)
1.3.3.2. European Organisation for the Safety of Air Navigation (Eurocontrol)
1.3.3.3. European Aviation Safety Agency (EASA)
1.3.3.4. Joint Aviation Authorities (JAA)
2. ACCESS TO MARKET: FREEDOM OF PROVIDING AIR TRANSPORT SERVICES
2.1. Market access for air carriers
2.1.1. First rules on access for air carriers to air-service routes and sharing of capacity
2.1.2. Coming closer to liberalized scheduled services
2.1.3. Cabotage
2.1.4. New rules on access to the market and sharing of capacity
2.2. Licensing of air carriers
2.2.1. First rules on granting licences to air carriers
2.2.2. Leasing problems in granting licences to air carriers
2.3. Setting fares for scheduled air services
2.3.1. Directive 87/601 on fares for scheduled air services between EU Member States
2.3.2. Tariff system changes in second and third liberalization package
2.3.3. Tariff system today
2.4. Access to airports and slot allocation
2.4.1. Common Rules for allocation of slots at EU airports
2.4.2. Revision of the slot allocation system
2.4.3. Slot allocation in times of economic crisis
2.5. Groundhandling services
3. COMPETITION IN AIR TRANSPORT
3.1. Application of Treaty rules on competition in air transport
3.1.1. Rules on Competition (Title VII TFEU)
3.1.1.1. Prohibited Agreements
3.1.1.2. Abuse of a dominant position
3.1.2. Enforcement of competition law
3.2. Special provisions on competition law in air transport sector
3.2.1. Prohibited agreements and their exemption since 1987 until today
3.2.1.1. Regulation 3975/87
3.2.1.2. Regulation 1/2003
3.2.1.3. Block exemption under Regulation 3976/87
3.2.2. Air carriers and abuse of a dominant position
3.3. Concentrations between air carriers
3.3.1. Merger regulation in EU law
3.4. State aids to aviation industry
4. AIR TRANSPORT AND EU EXTERNAL RELATIONS
4.1. Open skies agreements
4.2. New bilateral and horizontal agreements
4.3. European Common Aviation Area
4.4. Relations with United States
4.4.1. 2007 Air Transport Agreement between EU and USA
4.4.2. Future of EU – US relations
4.5. Relations with other global partners
5. SAFETY OF AIR TRANSPORT
5.1. Technical requirements for the safe air transport
5.2. Civil aviation accidents investigation
5.3. Air carrier liability in the event of accidents
5.3.1. Warsaw system
5.3.2. Montreal Convention and Regulation 2027/97 (Regulation 889/2002)
5.4. Achievement of aviation safety on a global scale
5.4.1. Third country airlines safety
5.4.2. “Black lists” of airlines
5.4.3. International cooperation
5.5. Air Transport and Environmental Protection
5.5.1. Managing aircraft noise at airports
5.5.2. Managing greenhouse gas emissions
6. AVIATION SECURITY
6.1. Security standards in the EU
6.1.1. Regulation 300/2008
6.1.2. Regulation 1254/2009
6.1.3. Regulation 72/2010
6.1.4. Regulation 185/2010
6.2. International cooperation
6.2.1. One-stop security
6.2.2. PNR Agreement
7. PROTECTION OF AIR PASSENGERS
7.1. Passenger rights in the event of denied boarding, cancellation or long delay of flights
7.1.1. Denied Boarding
7.1.2. Flight Cancellation
7.1.3. Long Delay
7.1.4. Exercising passengers’ rights
7.2. Rights of disabled persons and persons with reduced mobility
BIBLIOGRAPHY
INDEX
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