ueplac_of_transport_services

COMPARATIVE LEGAL ANALYSIS

OF THE NATIONAL LEGISLATION COMPLIANCE

WITH THE EU LEGISLATION IN THE SPHERE

OF THE SERVICE MARKET LIBERALISATION

TRANSPORT SERVICES

The Project is implemented by UPMF, PAI, FIIAPP, Louis Berger SAS, KLC and HRTA consortium

The Project is funded by the European Union

Ukrainian-European Policy and Legal Advice Centre – Phase V

102-104, Antonovycha Street 03150, Kyiv, Ukraine

Tel.: +38044 581 55 83 Tel./Fax: +38044 581 58 19

E-mail: [email protected]://www.ueplac.kiev.ua

The Project is implemented by UPMF, PAI, FIIAPP, Louis Berger SAS, KLC and HRTA consortium Ukrainian-European Policy and Legal Advice Centre – Phase V

EuropeAid/127777/C/SER/UA

The Project is funded by the European Union

Comparative legal analysis of the national legislation compliance with the EU legislation in the sphere of

the service market liberalisation

TRANSPORT SERVICES

Ana Maria Tutea, UEPLAC expert

February 2012

Вул Антоновича, 102-104, 03150, м. Київ, Україна

Тел.: +38044 581 55 83 Тел./факс: +38044 581 58 19

Ел. адреса: [email protected]

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TABLE OF CONTENT

TABLE OF CONTENT...............................................................................................2

1. Introduction ..........................................................................................................3

2. Main principles of market liberalisation and its legal framework in the EU .3

3. Comparative legal analysis of the Ukrainian legislation compliance with the EU law within the sphere ..........................................................................................................7

3.1. Current EU- Ukraine cooperation in the field of legal approximation in transport sector 7

3.2. Analysis of the Ukrainian Legislation on liberalisation of transport services ....8

Road Transport .......................................................................................................9

Railway Transport ................................................................................................11

Aviation transport .................................................................................................11

Maritime transport ................................................................................................13

Combined Transport .............................................................................................13

3.3. COMPLIANCE TABLES ................................................................................14

4. Recommendations on approximation of the relevant Ukrainian legislation.60

Road transport.......................................................................................................60

Railway transport..................................................................................................61

Aviation transport .................................................................................................61

Maritime transport ................................................................................................62

Combined transport ..............................................................................................63


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1. INTRODUCTION The present comparative analysis between the EU acquis and the Ukrainian legislation in the liberalisation of transport services is part of the survey prepared under UEPLAC V, requested to provide a comparative legal analysis of the national legislation compliance with the EU legislation in the sphere of the service market liberalisation.

This survey is structured as follows:

a) An introductory section presenting main principles of market liberalisation of transport services and overall legal framework in the EU.

b) Comparative analysis between the national legislation of Ukraine and the EU acquis on liberalisation of transport services per sector, based on the priorities identified in (i) the EU-Ukraine Association Agenda, agreed measures for implementation in 2011 of the National Legal Approximation Programme, the Progressive plan for approximattion of the Ukrainian legislation to the EU legislation for 2011, and the EC Sector Budget Support Programme supporting the implementation of the “Transport Strategy of Ukraine up to 2020”.

c) Recommendations for approximation of relevant Ukraine`s legislation with the EU acquis based on the analysis above.

2. MAIN PRINCIPLES OF MARKET LIBERALISATION AND ITS LEGAL FRAMEWORK IN THE EU The opening of transport market is one of the main objectives of the European Union’s common transport policy. For many years, the EU has dedicated significant efforts to the progressive opening of transport markets which, for the most part, were heavily regulated at national level and generally relied on national legal monopolies. The European Commission (EC) has played an important role in opening up the market liberalisation. The Commission promotes market opening in parallel with quality jobs and working conditions, as human resources are a crucial component of any high quality transport system.

The liberalisation of transport services in Europe has been developing gradually.

The liberalization of road transport services have been achieved by introducing common rules on access to the profession and market, mutual conditions of diplomas, certificates and driving licences, common standards on driving time and rest periods for professional road transport, annual vehicle taxes. Since 2009, common rules concerning the conditions for the occupation of road transport operator have been introduced by the Regulation 1071/2009.

The established of the single road transport market in the EU has been achieved by the harmonization of vehicle taxes, tolls and fuel excise duties.

The Community licence has been introduced for the international transport of passengers (coach and bus). Any road passenger transport operator possessing a valid Community licence, issued by the Member State of establishment, has free access to the whole international EU road transport market. Also any carrier who operates road passenger transport services holding a Community licence, can operate cabotage operations for services such as special regular services, covered by a contract between the organiser and the carrier, occasional services, and regular services, in the course of a regular international service.

The rail transport services started the liberalisation process in 1991. The main principle is the separation between infrastructure managers who run the network and the railway


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companies for transporting passengers or goods. Infrastructure charging and licensing must be separated from the operation of transport services, and performed in an independent way in order to enable new rail operators fair access to the market and subsequently decreased of transport prices.

The freight part was fully liberalized in 2007 (with the Second Railway Package) which allows for any licensed EU railway company with the necessary safety certification to apply for capacity and offer national and international freight services by rail throughout the EU. The market for international rail passenger services has been liberalised in the EU from 1 January 2010. Any licensed, certified rail company established in the EU is in principle able to offer such services, and has the right to pick up and set down passengers at any station along the international route. The market for national rail passenger services not yet being opened up to cross-border competition. In each Member State there is one Regulatory Body which monitors the free access to the rail network and services in the specific MS.

The air transport started the liberalization in 1990 when all European airlines were allowed to carry passengers to and from their home countries to other EU Member States. The fare and capacity restrictions were abolished. In 1993, common licensing procedures of carriers and freedom of access to the market were elaborated. All carriers holding a Community licence were allowed to serve any international route within EU. The carriers had the freedom to set up the fares. In 1997, the carrier holding a Community licence had the right to cabotage.

With the creation of the single market for air transport, the European carriers obtained unlimited freedom to choose their routes, schedules, capacity and prices. The legislation on the Single Market for air transport defines the granting of operating licences, the monitoring of airlines and their access to the market. It guarantees a competitive air transport market, quality services and more transparent fares. Regulation 1008/2008 has set up the common rules for the operation of air services in the Community. This Regulation replaced the 3rd Package1 in air transport.

The results of the opening of market for air transport services could be summarized as follows:

- low prices;

- increased competition between airlines companies and airlines operators;

- increased quality of services;

- increased safety conditions;

- increase of the civil aviation sector as part of the transport sector.

The liberalisation of air transport markets in Europe has promoted greater competition to the benefits of passengers.

In order to open the EU’s internal aviation market to Eastern European Countries, the European Commission started in 2004 negotiations with 8 countries: Albania, Bosnia and Herzegovina, Bulgaria, Croatia, FYROM, Romania, Serbia and Montenegro and UNMIK Kosovo for the conclusion of the “European Common Aviation Area” (ECAA) subject to application and implementation of the EU acquis in air transport.

Currently the ECAA is being implemented by comprehensive air service agreements, which were signed with Western Balkans countries, Jordan, Georgia and Morocco. The agreements 1 Regulation No 2407/92 on licensing of air carriers, Regulation No 2408/92 on access for Community air carriers to intra-Community air routes, and Regulation No 2409/92 on passenger fares and air cargo rates


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concluded with the ENP countries are bilateral, whereas the agreement with the Western Balkans is multi-lateral.

The ECAA Agreement extends the application of the complete EC acquis on aviation to ECAA partners, leading to equally high standards for safety and security in Europe. In 2005, the negotiations started with Ukraine to join the ECCA and since then, Ukraine is making efforts in approximating the air transport legislation with the applicable EU acquis. More details about the progress on ECCA between EU and Ukraine are presented in section 2.

The opening of market in maritime transport started in 1992 when the Council Regulation EEC 3577/922 introduced the principle of freedom to provide services in maritime transport within a Member State for Community ship owners operating ships registered in a Member State and flying a flag of a Member State. Member States have the right to provide services subject to public service obligation maintaining adequate cabotage services between mainland and its islands and between islands themselves. The liberalisation measures have been implemented gradually by the Member States.

In 2009, the Communication of the European Commission has put forward the objectives for the European maritime transport system up to 2018 whereby EU proposes to strengthen competitiveness in some key areas and enhance environmental protection in maritime. It is reiterated that the maritime transport should provided cost effective services and the EU shipping sector should become more competitive. European flags continue to face acute competition from the registers of third countries. The conclusions of the strategic reviews of the Commission are:

- A clear and competitive EU framework for tonnage taxation, income taxation and state aid should be maintained and improved. The framework should allow positive measures to support greener shipping efforts, technological innovation as well as maritime careers and professional skills.

- Strong action in support of fair international maritime trade conditions and access to markets is vital. The liberalisation of trade in maritime services should continue at all levels. The EC should intensify the dialogue and bilateral agreements with key trade and shipping partners.

- Commitment to quality shipping efforts respecting international rules

- The Commission will have to continuously monitor market conditions and promote alignment of substantive completion rules

- The principle of “Genuine link” set out in the UN Convention on the Law of the Sea (UNCLOS) should be a key instrument in international efforts to support sustainable development.

The third maritime safety package adopted in 2009 concerns the freedom to provide maritime transport services observing the requirements of international conventions and agreements on maritime safety.

Combined transport in EU has been governed by Directive 92/106/EEC, which provides for common rules for combined transport operations. In the context of the Directive, intermodal or combined transport means the transport of goods between Member States where the vehicle uses the road on the initial or final leg of the journey and, on the other leg, rail or inland 2 COUNCIL REGULATION (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide sevices to maritime transport within Member States (maritime cabotage)


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waterway or maritime services where this section exceeds 100 km as the crow flies and makes the initial or final road transport leg of the journey:

• between the point where the goods are loaded and the nearest suitable rail loading station for the initial leg and between the nearest suitable rail unloading stations and the point where the goods are unloaded for the final leg, or

• within a radius not exceeding 150 km as the crow flies from the inland waterway port or seaport of loading or unloading.

The Directive allows all hauliers, established in a Member State in the context of a combined transport operation between Member States, carry out initial and/or final road haulage legs which form an integral part of the combined transport operation regardless of crossing borders, provided that all conditions of access to the occupation and access to the market for transport of goods between Member States are met.

Having seen the main EU principles of liberalization per sub-sector and its development, it is worth mentioning that the objective for the next decade is to create a genuine Single European Transport Area by eliminating all residual barriers between modes and national systems and facilitating the emergence of multinational and multimodal operators. The new White Paper ‘Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system’, adopted on March 28, 2011 sets new initiatives, among which there are:

- A Single European Transport Area,

- A true internal market for rail services,

- Completion of the Single European Sky,

- Capacity and quality of airports,

- maritime “Blue Belt” and market access to ports,

- a suitable framework for inland waterway transport

In the Road Map, the Commission proposes extending the EU´s transport and infrastructure policy to its immediate neighbours and opening up third country markets in transport services.


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3. COMPARATIVE LEGAL ANALYSIS OF THE UKRAINIAN LEGISLATION COMPLIANCE WITH THE EU LAW WITHIN THE SPHERE

3.1. CURRENT EU- UKRAINE COOPERATION IN THE FIELD OF LEGAL APPROXIMATION IN TRANSPORT SECTOR

Legal approximation of the Ukrainian legislation to the EU acquis has been ongoing for some years. Currently, the process of legal approximation in Ukraine in fuelled by the EU-Ukraine Association Agenda (AAg), negotiations concerning the Deep and Comprehensive Free Trade Area (DCFTA) between the EU and Ukraine, the annual plans for legal approximation and progressive plan for 2011, and, specifically for the transport sector, – by the ongoing EU Sector Budget Support operation, supporting the implementation of the National Transport Strategy of Ukraine up to 2020.

The EU-Ukraine Association Agenda stipulates a number of priority actions specifically for the transport sector. Importantly, all of the priorities listed in the Association Agenda have a bearing on either on the market access/ transport service liberalisation within Ukraine, or on the level of integration of the transport network of Ukraine with that of the EU, essentially in the overall spirit of the AA, i.e. with the “overall goal of achieving political association and greater economic integration of Ukraine to the European Union”.

While there is gradual progress in attaining those priorities, some of them remain outstanding:

- implementing mandatory driving times and rest periods in the international transport sector complying with international standards;

- development of intermodal and multimodal services, resolving issues relating to the interoperability of different track gauge and other technical standards.

- considering conditions and necessary preparatory steps for achieving free circulation of vehicles corresponding to EU standards on weights and dimensions, taking also into account planning needs for upgrading of infrastructures;

- preparing and implementing port sector reform (separating operational and commercial functions;

- implementation of relevant international IMO (International Maritime Organisation) Conventions, with particular attention to stepped up efforts in the areas of Port State Control, Flag State Implementation and safety of oil tankers;

- finalization of a comprehensive Common Aviation Area Agreement;

- harmonisation of aviation safety legislation and strengthening the administrative capacity of the aviation authorities.

The implementation of the EU-Ukraine Association Agenda is facilitated by the annual Plans of Measures (approved by the Cabinet of Ministers of Ukraine) for the implementation of the National Programme of Ukraine`s Legislation Approximation to the European Union Legislation. The most recent Plan of Measures3 defined the legal approximation goals for 2011. At the time of writing, the Plan of Measures for 2012 has not been approved. In addition, the “Progressive plan for approximation of Ukrainian legislation to the EU

3 Order of CMU 17 August 2011 no. 790-р


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legislation for 2011” was also taken into account in setting up the priorities of Ukraine in the legal approximation for liberalisation of transport services.

3.2. ANALYSIS OF THE UKRAINIAN LEGISLATION ON LIBERALISATION OF TRANSPORT SERVICES

The comparative analysis between the Ukrainian legislation and the EU acquis has been performed for the following EU legal acts:

Sector EU legal act

Council Directive 96/26/EC of 29 April, 1996 on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations

Council Regulation (EEC) 3821/85 of 20 December 1985 on recording equipment in road transport, incl. amendments by Regulation (EC) No 561/2006

Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community (OJ L 57, 2.3.1992, p. 27) as amended by Directive 2002/85/EC of the European Parliament and of the Council of 5 November 2002

Road

Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive)

Railway Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways

Council Regulation (EС) 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast)

Directive 2006/93/EC of the European Parliament and of the Council of 12 December 2006 on the regulation of the operation of aeroplanes covered by Part II, Chapter 3 , Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988) (codified version)

Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports

Aviation

Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency


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Directive 2009/15/EC of 13 April 2004 on common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations repealing Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations

Regulation (EC) 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organizations (Recast)

Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast)

Directive 2009/21/EC of the European Parliament and of the Council of 23 April 2009 on compliance with flag State requirements

Directive 2003/25/EC of the European Parliament and of the Council of 14 April 2003 on specific stability requirements for ro-ro passenger ships

Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on ships

Maritime

Council Directive 92/29/EEC of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on board vessels

Combined (intermodal, multimodal)

Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States

As regards the legal approximation in the transport sector, Ukraine has achieved a notable progress in light of the “EU-Ukraine Association Agenda” and ‘Plan of Measures for implementation in 2011 of the National Programme of Legal Approximation of Ukraine to the European Union’, as described in the following sections. The items addressed below, therefore, are excluded from the subsequent gap analysis (compliance tables).

Road Transport Item 38 of the ‘Plan of Measures for implementation in 2011 of the National Programme of Legal Approximation of Ukraine to the European Union’ foresaw “to amend the law of Ukraine on Road Transport as to admission to the occupation of road haulage operators and road passenger transport operators” in consideration of the Council Directive 96/26/EC of 29 April, 1996. However, with effect from 9 December 2011, the aforementioned Directive is repealed by the Regulation4 (EC) no. 1071/2009 of the European Parliament and of the Council of 21 October 2009.

4 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC


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As of 29 January 2012, the Law of Ukraine ‘On Amending the Law of Ukraine ‘On Road Transport’ No 9253 has been submitted to the Parliament for its consideration.

Furthermore, in consideration of Council Directive 96/26/EС of 29 April, 1996, draft Law of Ukraine ‘On amending some laws of Ukraine concerning particularities of transportation of passengers in taxi and on cars on request’ was developed, namely regarding introduction of amendments to articles 1, 17, 34, 46 on issues of carrier’s professional competence, good name and financial conditions.

Item 39 of the ‘Plan of Measures for implementation in 2011 of the National Programme of Legal Approximation of Ukraine to the European Union’ required “to elaborate a draft law of Ukraine on the framework for vocational training (raising qualification) of the managing staff and specialists dealing with provision of transport services” in consideration of the Council Directive 96/26/EC of 29 April, 1996 (repealed by the Regulation5 (EC) no. 1071/2009 of the European Parliament and of the Council of 21 October 2009).

As of 18.08.2011, the draft Order of MIU ‘On the approval of the arrangement for the capacity development of specialists engaged in the provisions of road transport services’ was sent for approval to the structural units of the MIU (Security Department, Legal Support Department, Management for financial control and prevention of economic infringements, Department of policy in infrastructure and tourism development, Main state inspection on road transport).

The draft order is being refined in consideration of proposals and comments given by structural units of the Ministry. The draft order is also placed on the official site6 of MIU and is being permanently updated in consideration of the refinements.

Item 43 of the ‘Plan of Measures for implementation in 2011 of the National Programme of Legal Approximation of Ukraine to the European Union’ further required “to elaborate a draft legal act of Ukraine on rules of advance training of drivers of vehicles for the carriage of passengers and goods” in consideration of the Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC.

In first half of 2011, the draft Order of MIU ‘On approval of Procedure for capacity development of vehicle drivers for providing transportation of passengers and goods’ was elaborated and placed on the site7 of MIU for public discussion.

As of 26.07.2011, the draft Order was sent by the MIU for approval to the relevant authorities (State Committee on Regulatory Policy and Entrepreneurship, Joint Representative Body of National Trade Unions and Trade Union Associations, Joint Representative Body of Employers on the National Level, State Agency of Ukraine on management of state corporate rights and property). The draft Order available at the official site of MIU is being constantly updated.

5 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC 6 http://www.mintrans.gov.ua/uk/alias_51/22914.html7 http://www.mintrans.gov.ua/uk/alias_51/22914.html


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Railway Transport Item 46 of the ‘Plan of Measures for implementation in 2011 of the National Programme of Legal Approximation of Ukraine to the European Union’ further required ‘to elaborate a new version of the law of Ukraine on railway vehicles’ in consideration of the Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways.

The given issue falls within the scope of implementing the State Target Programme of reforming railway sector of Ukraine (2010-2015)8.

The issues of the further reforming of the rail transport was discussed at the Government of Ukraine meeting on March 30, 2011, where a number of resolutions were taken that amended the timing and contents of the valid Rail Transport Reform Program, including:

- cancellation of the transitional phase of rail transport reforming and to set up the State Joint Stock Company ‘Ukrainian Railways’ in Phase I of reforms (2011-2012);

- finalisation of the draft bill ‘On Specific Features of Rail Transport Reforming’ to introduce a resolution on setting up the State Joint Stock Company ‘Ukrainian Railways’.

As a result, in 2011, the draft bill ‘On Amending the Law of Ukraine ‘On Railway Transport’ was finalised in line with resolutions taken by Government during the meeting of March 30, 2011, on cancelling the transitional phase of rail transport reform, and establishing a joint stock company at Phase I of Reform (2011-2012).

Further on, the bill was updated by the departments of the Ministry for Infrastructure. Having reconciled positions on disputable issues and taken into account comments of the structural units of the Ministry for Infrastructure, Ukrzaliznytsia submitted the bill to the Ministry to be agreed by the executive bodies concerned. The finalised draft act was sent by MIU to be agreed by ministries and departments. On 1st November, 2011 the Draft Law (No. 9377) of Ukraine was submitted to the consideration to the Parliament of Ukraine.

In parallel, Ukrzaliznytsia developed a draft CMU resolution ‘On Amending the State Target Program for Rail Transport Reform for 2010-2015”. Based on comments received from Ministry for Infrastructure departments, Ukrzaliznytsia finalized the draft resolution and re-submitted it to the Ministry for Infrastructure for review and approval. Ministry for Infrastructure sent the finalized Draft Resolution to be reviewed and agreed by ministries and departments.

As of October 1, 2011, the Draft Resolution of Cabinet of Ministers of Ukraine ‘On Amending the State Target Program for Rail Transport Reform for 2010-2015” was agreed by the Antimonopoly Committee and State Property Fund. The Ministry for Economic Development and Commerce and the Ministry for Finance submitted their remarks to the draft resolution. A number of consensus meetings and negotiations were held, and as a result the Draft Resolution of Cabinet of Ministers of Ukraine ‘On Amending the State Target Program for Rail Transport Reform for 2010-2015” was finalized and prepared for the second approval.

Aviation transport As regards the air transport sector, Ukraine is negotiating its accession into the European Common Aviation Area (ECAA) agreement since December 2007. In 2011, the State Agency for Aviation (SAA) of Ukraine proposed to the European Commission to hold the 6th round of

8 approved by the Resolution of Cabinet of Ministers of Ukraine No 1390, December 16th 2009


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negotiations and to organise preliminary informal consultations meeting in order to find out the perspectives concerning the recognition by the EU of certificates for aircrafts designed and certified by Ukraine. However, this initiative of the Ukrainian side was put on hold until the certificate recognition issue would be solved satisfactorily.

In an attempt to solve the matter, the SAA submitted to the European Aviation Safety Agency (EASA) its proposals concerning the “Implementation procedures for design approval of aircraft, engines and propellers of Ukraine and EU”. In 2011, the SAA delegation participated in consultations with EASA on Draft Annex "Implementation procedures for design approval of aircraft, engines and propellers of Ukraine and EU" to bilateral Working Agreements of December 9, 2011 that resulted in finalizing the Implementation Procedures wording.

At the same time, relevant provisions of Council Regulation (EС) 1008/2008 of 24 September, 2008 on common rules for air operations in the Community were incorporated to Article 93 ‘Air carrier provision’ of draft Air Code9 of Ukraine. Paragraph 4, Article 92 of the Air Code stipulates that the procedure for air carriage licensing should be specified by Laws of Ukraine.

In consideration of the above and of the provisions of Council Regulation (EС) 1008/2008 of 24 September 2008, the Department of Air Transportation and Airports developed draft Law of Ukraine ‘On particularities of state regulation of air carriers’ activity related to the carriage of passengers and goods by air’, according to which licensing of economical activity on providing services concerning commercial transport of passengers and cargo by air will be carried out.

The mentioned draft act was sent for approval by the State Aviation Administration of Ukraine and it is available online10 for public consultations.

In May 2011, according to the Progressive plan for approximation of Ukrainian legislation to the EU legislation for 2011”, the Air Code has been adopted incorporating provisions of the following EU legal acts:

• Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky

• Regulation (EC) No 551/2004 of the European Parliament and of the Council of 10 March 2004 on the organisation and use of the airspace in the single European sky (the airspace Regulation)

• Council Directive 94/56/EC of 21 November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents and incidents

• Council Directive 96/67/EC of 15 October 1996 on access to the ground handling market at Community airports

• Directive 2006/23/EC of the European Parliament and of the Council of 5 April 2006 on a Community air traffic controller licence

9 adopted on 19.05.2011 and signed by the president of Ukraine on 14.06.2011, officially published on 18.06.2011 in ‘Voice of Ukraine’ (No.110) and entered into force on 16.09.2011. 10 http://avia.gov.ua/documents/Regulyatorna-diyalnist/Proekti-regulyatornih-aktiv/23661.html


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Maritime transport In view of approximating the Ukrainian legislation with the EU acquis on State flag, Port State Control, separation of operation and commercial maritime activities, as well as maritime safety issues as provided in the complying with above mentioned EU acts, the Ministry of Infrastructure and the State Agency on Maritime and River Safety are involved in amending of the “Law on Sea Ports” and “Code of Merchant Shipping”. The process is ongoing. In this respect, a gap analysis has been provided in the next section.

Combined Transport Currently, there is no single piece of legislation governing the combined transport in Ukraine.

The recently adopted (in May 2011) Air Code of Ukraine11 omits any stipulation of the combined transport mode.

The Statute of Ukraine`s Railways12 covers only organisation of cargo transportation in the direct combined connections with the participation of railways, mainly in the railway-water connections (Chapter V thereof).

The Merchant Shipping Code of Ukraine13 contains only some declaratory provisions thereon without reference to concrete forms of cooperation. Specifically, separate norms governing the combined transport are stipulated regards the rights and duties of marine agents, the cargo transport, laying claims and limitation of actions.

In this respect, the combined transport has been also addressed in the gap analysis below.

11 http://zakon1.rada.gov.ua/laws/show/3393-17/print132869097220202912 http://www.railsystem.info/doc/Statut.shtml13 http://zakon2.rada.gov.ua/laws/show/176/95-%D0%B2%D1%80

Вул Антоновича, 102-104,03150, м. Київ, Україна

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3.3.COMPLIANCE TABLESRoad Transport

Items 40-42 of the Plan of Measures for implementation in 2011 of the National Programme of Legal Approximation of Ukraine to the EuropeanUnion (hereinafter – the Plan of Measures for Legal Approximation 2011):• 40: to elaborate a draft law of Ukraine on framework for keeping record of entrepreneurs which install the recording equipment (tachographs) in

road transport and provide maintenance services thereto• 41: to elaborate a draft law of Ukraine on the framework for circulation of the cards used in the recording equipment (tachographs)• 42: to elaborate a draft resolution of the Cabinet of Ministers on implementation of the ILO Convention concerning Hours of Work and Rest

Periods in Road Transport N 153

Council Regulation (EEC) 3821/85 of 20 December 1985 on recording equipment in road transport, incl. amendments by Regulation (EC)No 561/2006

1. Title of EU legislation, subject and objective of its regulatory scope

Council Regulation (EEC) 3821/85 of 20 December 1985 on recording equipment in road transport, incl. amendments by Regulation (EC) No561/2006

Objective:To define requirements for the construction, testing, installation, and use inspection of the compulsory recording equipment (digital tachograph).Driver cards shall be issued only to applicants who are subject to the provisions of Regulation (EEC) No 3820/85Whereas the use of recording equipment (digital tachograph) that may indicate the periods of time referred to in Regulation (EC) No 561/2006 on theharmonization of certain social legislation relating to road transport dated 15 June, 2006, is intended to ensure checking on that social legislation.2. Title of the Ukrainian legislation, subject and objective of its regulatory scopeLaw of Ukraine ‘On road transport’ N 2344-III of April 5, 2001, amended as of July 5, 2011Law of Ukraine ‘On road traffic’ N 3353-XII of June 30, 1993, amended as of July 5, 2011Instruction on the use of control devices (digital tachographs) in road transport, approved by the Order of the MoTC of of Ukraine No 385 dated June 24, 2010and registered at MoJ of Ukraine No 946/18241 dated October 20, 2010Regulation on Working and Rest Hours of Wheeled Vehicle Drivers approved by the order of MoTC of Ukraine No 340 dated June 07, 2010 and registered at


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MoJ of Ukraine No 811/18106 dated September 14, 2010The European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1 July 1970 (the AETR)Hours of Work and Rest Periods (Road Transport) by ILO Convention No 153 of June 27, 19793. Compatibility with the EU legislation (secondary source of law)

a) Provisions and demands of EU legislationprovide the main principles (article, paragraph,item): objective; key requirements

b) Provisions of the Ukrainian legislation and thekey requirements(title, section, article, paragraph,item, etc.)

c) Indication of modifications to be made inUkrainian legislation – gap analysis;Ukrainian implementation (organizational andadministrative)

Key requirements:

The digital tachograph (addition IB to the AETR)must be fitted in vehicles for the recording andenforcement of driving and rest hours of professionaldrivers in road transport.

Driving times and rest hours within the Communityare regulated by Regulation (EC) No 561/2006 of theEuropean Parliament and of the Council of 15 March2006 on the harmonisation of certain sociallegislation relating to road transport and amendingCouncil Regulations (EEC) No 3821/85 and (EC) No2135/98 and repealing Council Regulation (EEC) No3820/85 and the standard checking procedures arelaid down in Council Directive 2006/22/EC.The provisions of the AETR Agreement apply todriving times and rest periods in internationaltransport to/from third countries; they are similar tothe provisions of Regulations 3820/85 and 3821/85.

The scope of the Regulation is limited to vehiclesregistered in the Member States whose drivers shall

Article 20 of the Law ‘On road traffic’ prescribesfor, that the requirements on installation and use ofrecording equipment (digital tachographs) forrecording working and rest hours of drivers shouldbe carried out.

Instruction on the use of control devices (digitaltachographs) in road transport envisages theprocedure for installation, maintenance and use ofcontrol devices in road transport, which are used forinternational carriage of passengers and goods.

Installation, maintenance, use, inspection ofrecording equipment shall be conducted accordingto the AETR requirements.

Social protection in the road transport sector istaken into account in Regulation on Working andRest Hours of Wheeled Vehicle Drivers approvedby the order of MoTC of Ukraine No 340 datedJune 07, 2010 and registered at Ministry of Justiceof Ukraine No 811/18106 dated September 14,

All proper changes on rules of time for driving,breaks and rest periods of drivers fortransporting passengers and freight are foreseenin the new version of Regulation on Workingand Rest Hours of Vehicle Drivers and in theRules of using digital tachographs on roadtransport.

Ukraine is a contracting party to the EuropeanAgreement concerning the work of crews ofvehicles engaged in international road transport(AETR) and at the same time to the ILOConvention concerning Hours of Work and RestPeriods in Road Transport (C153, dd.27.06.1979).

Enforcement authority for AETR EuropeanAgreement in Ukraine is Ministry ofInfrastructure.

Enforcement authority for ILO ConventionC153 in Ukraine is Ministry of labor and Social


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comply with Regulation 3820/85, i.e.• goods vehicles > 3,5 t• passenger vehicles > 9 persons• “hire or reward” and “own account”.

The equipment consists of the (digital) tachograph.Items recorded are: distance travelled by the vehicle,speed, driving time, other periods of work or ofavailability, breaks from work and daily rest period,opening of the case containing the record sheet

2010According to the regulation, normal working hoursfor drivers should not exceed 40 hours per week.

For drivers, which have five-day working weekwith two days-off, the duration of daily work(changes) is determined by internal regulations orshift schedules to be approved by the owner asagreed upon with the elective body of primary tradeunion organization (trade union representative) incompliance with the prescribed duration workingweek.

For drivers with six-day working week with oneday-off, daily working hours may not exceed 7hours.

The day before non-working days working hoursmay not exceed 5 hours at six-day working week.The day before official holidays or non-workingdays (Article 73) working hours of employees,except for employees mentioned in Article 51 ofthis Code, shall be reduced by one hour both atfive- and six-day working week.

For drivers when working at night the establishedworking hours (shift) shall be reduced by one hour.

Affair.

Hence, the provisions of both conventions areapplicable to international road transportation (inthe signatory countries).

There are discrepancies between provisions ofthe aforementioned conventions as concerns theworking and rest hours of wheeled vehicles’drivers, which can lead to the disputes in case ofinspections from different enforcementauthorities, which is mandatory in both cases.


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Item 44 of the Plan of Measures for Legal Approximation 2011:• to prepare a draft legal act of Ukraine on the introduction of speed limitation devices for motor vehicles

Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motorvehicles in the Community (OJ L 57, 2.3.1992, p. 27) as amended by Directive 2002/85/EC of the European Parliament and of theCouncil of 5 November 2002

Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval ofmotor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (FrameworkDirective)


Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in theCommunity (OJ L 57, 2.3.1992, p. 27) as amended by Directive 2002/85/EC of the European Parliament and of the Council of 5 November 2002

The purpose of the Directive is to promote the traffic safety and environment protection due to acceleration of traffic and increase of danger and unfavorablesituation caused by it that occurred in all member states with traffic safety as well as environmental problems of serious nature.The regulation subject is mandatory devices for speed restriction for certain categories of mechanical vehicles2. Title of the Ukrainian legislation, subject and objective of its regulatory scope

Rules for Carrying Hazardous Goods by Road’ approved by order of Ministry for home affairs of Ukraine No 822 dated July 26, 2004 and registered at theMinistry for Justice of Ukraine No 1040/9639 dated August 20, 20043. Compatibility with the EU legislation (secondary source of law)a) Provisions and demands of EU legislation provide the mainprinciples (article, paragraph, item): objective; key requirements

b) Provisions of the Ukrainianlegislation and the keyrequirements(title, section, article,paragraph, item, etc.)

c) Indication of modifications to be made inUkrainian legislation – gap analysis; Ukrainianimplementation (organizational andadministrative)

Article 1For the purposes of this Directive, ‘motor vehicle’ means any ‘Rules for Carrying Hazardous The provisions concerning category N3 vehicles


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power driven vehicle falling within category M2, M3, N2 or N3,intended for use on the road and having at least four wheels and amaximum design speed exceeding 25 km/h. Categories M2, M3,N2 and N3 shall be understood to be those defined in Annex II toDirective 70/156/EEC (1):

Category M2: Vehicles used for the carriage of passengers,comprising more than eight seats in addition to the driver's seat,and having a maximum weight not exceeding 5 metric tons.

Category M3: Vehicles used for the carriage of passengers,comprising more than eight seats in addition to the driver's seat,and having a maximum weight exceeding 5 metric tons.

Category N2: Vehicles used for the carriage of goods and having amaximum weight exceeding 3,5 but not exceeding 12 metric tons.

Category N3: Vehicles used for the carriage of goods and having amaximum weight exceeding 12 metric tons.

Article 2Member States shall take the necessary measures to ensure thatmotor vehicles of categories M2 and M3 referred to in Article 1may be used on the road only if equipped with a speed limitationdevice set in such a way that their speed cannot exceed 100kilometers per hour.Category M3 vehicles registered before 1 January 2005 with amaximum mass exceeding 10 tonnes may continue to be equippedwith devices on which the maximum speed is set at 100 km/h.

Article 31. Member States shall take the necessary measures to ensure that

Goods by Road’ approved by orderof Ministry for Home Affairs ofUkraine No 822 dated July 26, 2004and registered at the Ministry forJustice of Ukraine No 1040/9639dated August 20, 2004 foresaw speedlimiters to a maximum speed of notmore than 90 km/h to be fitted toover 12-tonne goods vehicles oninternational routes (par.6.4.7).

are in partial compliance with those of theDirective regarding vehicles for carriage ofdangerous goods for international routes.

The necessary measures should be taken to ensurethat motor vehicles of category N3 are used on thenational/international roads (without limitation tocarriage of dangerous goods) only if equippedwith a device set in such a way that their speedcannot exceed 90 km/h.

The necessary steps should be taken to ensure thatmotor vehicles of the category N2 shall be used onthe road only if speed limitation devices areinstalled for which the maximum speed is set at 90km/h.

The necessary steps should be taken to ensure thatmotor vehicles of the category M2 and M3 shall beused on the road only if speed limitation devicesare installed for which the maximum speed is setat 100 km/h.


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motor vehicles of categories N2 and N3 may be used on the roadonly if equipped with a speed limitation device set in such a waythat their speed cannot exceed 90 kilometers per hour.2. Member States shall be authorized to require that the speedlimitation device in vehicles registered in their territory and usedexclusively for the transport of dangerous goods is set in such away that those vehicles cannot exceed a maximum speed of lessthan 90 km/h.


Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehiclesand their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive)

The Directive establishes a harmonised framework containing the administrative provisions and general technical requirements for approval of all new vehicleswithin its scope and of the systems, components and separate technical units intended for those vehicles, with a view to facilitating their registration, sale andentry into service within the Community. The Directive also establishes the provisions for the sale and entry into service of parts and equipment intended forvehicles approved in accordance with this Directive.

With regard to specific technical or other requirements, reference is made to ‘separate directives or regulations’ (as specified in Part I of Annex IV of theDirective)2. Title of the Ukrainian legislation, subject and objective of its regulatory scopeNon-existing3. Compatibility with the EU legislation (secondary source of law)a) Provisions and demands of EU legislation provide the mainprinciples (article, paragraph, item): objective; key requirements



In relation to the administrative provisions for approval of all new Non-existent (with the exception of The current Ukrainian legislation does not provide


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vehicles within its scope and of the systems, components andseparate technical units intended for those vehicles, the Directiveprovides for:

(a) EC type-approval – a procedure whereby a Member Statecertifies that a type of vehicle, system, component orseparate technical unit satisfies the relevant administrativeprovisions and technical requirements of the Directive andof the regulatory acts listed in Annex IV or XI thereof; and

(b) national type-approval – a procedure laid down by the nationallaw of a Member State, the validity of such approval beingrestricted to the territory of that Member State;

The Directive allows the use of EC type-approved vehicles and/orseparate technical units/devices, as well as of alternative vehiclesand/or separate technical units/devices approved under proceduresprescribed by UNECE Regulation no. 89 (uniform provisionsconcerning the approval of (i) vehicles with regard to limitation oftheir maximum speed, (ii) vehicles with regard to the installationof a speed limitation device of an approved type, and (iii) speedlimitation devices).

In light of the EC-wide applicability, specifically for the speedlimitation devices, reference is made to Council Directive92/24/EEC14, which provides for EC type-approval procedure ofspeed limitation devices, as well as for the general technicalrequirements thereof.

vehicles used in the transportation ofhazardous goods)

for any requirements/specifications as concernsthe procedures of approval of vehicles equippedwith speed limitation devices, neither of the speedlimitation devices themselves (with the exceptionof vehicles used in the transportation of hazardousgoods).

It is therefore advisable to ensure the legality ofEC type-approved or alternative (as defined inAnnex IV, Part II of Directive 2007/46/EC)vehicles equipped with speed limitation devicesand/or separate speed limitation devices.

14 Council Directive 92/24/EEC of 31 March 1992 relating to speed limitation devices or similar speed limitation on-board systems of certain categories of motor vehicles, amended by Directive2004/11/EC of the European Parliament and of the Council of 11 February 2004


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Aviation Transport

Item 15.32 of Progressive plan for approximation of Ukrainian legislation to the EU legislation for 201115:• Adoption of a legal act on obligation of the State to ensure the compliance of civil subsonic jet aeroplanes (with a maximum take-off mass of

34 000 kg or more or with a certified maximum internal accommodation consisting of more than nineteen passenger seats, excluding anyseats for crew only) to the standards specified in Part II, Chapter 3 , Volume 1 of Annex 16 to the Convention on International CivilAviation, second edition (1988)

Directive 2006/93/EC of the European Parliament and of the Council of 12 December 2006 on the regulation of the operation of aeroplanescovered by Part II, Chapter 3 , Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988) (codifiedversion)


Directive 2006/93/EC of the European Parliament and of the Council of 12 December 2006 on the regulation of the operation of aeroplanes covered byPart II, Chapter 3 , Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988)(codified version)

Objective:The objective of this Directive is to regulate the operation of civil subsonic jet aeroplanes as specified in Article 2 (see below).

This Directive shall apply to aeroplanes with a maximum take-off mass of 34 000 kg or more or with a certified maximum internal accommodation for theaeroplane type in question consisting of more than nineteen passenger seats, excluding any seats for crew only.2. Title of the Ukrainian legislation, subject and objective of its regulatory scope

ГОСТ 17228-87: Transport and Passenger Airplanes. Acceptable noise levels on the ground (Самолеты пассажирские и транспортные. Допустимыеуровни шума, создаваемого на местности)

15 Approved by the Protocol Decision (dd. June 10, 2011) of the Coordination Council for approximation of Ukrainian legislation to the EU legislation


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3. Compatibility with the EU legislation (secondary source of law)


b) Provisions of the Ukrainian legislation andthe key requirements(title, section, article,paragraph, item, etc.)

c) Indication of modifications to be made inUkrainian legislation – gap analysis; Ukrainianimplementation (organizational and administrative)

Article 11. The objective of this Directive is to regulate theoperation of civil subsonic jet aeroplanes asspecified in Article 2

2. This Directive shall apply to aeroplanes with amaximum take-off mass of 34 000 kg or more orwith a certified maximum internal accommodationfor the aeroplane type in question consisting ofmore than nineteen passenger seats, excluding anyseats for crew only.

Article 21. Member States shall ensure that all civil subsonicjet aeroplanes operating from airports situated intheir territory comply with the standards specifiedin Part II, Chapter 3, Volume 1 of Annex 16 to theConvention on International Civil Aviation, secondedition (1988).

Article 5Member States shall lay down the rules on penalties

The standard regulates the maximum levels ofacceptable noise created by subsonic passengerand transport aircrafts equipped with turbojetor turboshaft engines of all mass categories(‘jet aircrafts’ hereinafter), with the runwaylength exceeding 610 m, as well as by aircraftsequipped with reciprocating, turboprop, orpropfan engines with a take-off massexceeding 9000 kg (‘prop aircrafts’hereinafter) on ground in control points, giventhe initial conditions as specified in ГОСТ22283-76.

The standard does not set the acceptablelevels of noise in terms of noise norms fordelimitating the residential areas adjacent toairports and aerodromes (these norms areregulated by ГОСТ 22283-76)

The standard ГОСТ 17228-87 complies with therequirements of ICAO for noise (InternationalStandards and Recommended Practices“Environmental Protection”, Annex 16 Convention onInternational Civil Aviation, Vol. 1 – Aircraft Noise,first edition, Montreal 1981).

The standard ГОСТ 17228-87 will need to beharmonised with the standards specified in Part II,Chapter 3, Volume 1 of Annex 16 to the Conventionon International Civil Aviation16, second edition(1988). This would be carried out in accordance withthe procedures instituted by the State StandardisationSystem of Ukraine, and could be initiated by therequest of the Ministry of Infrastructure of Ukraine.

In the meantime, the harmonisation of ГОСТ 17228-87standard with standards specified in Part II, Chapter 3,Volume 1 of Annex 16 to the Convention onInternational Civil Aviation17, second edition (1988)will allow for compliance with CS-36 Certification

16 Annex 16 – Environmental Protection Vol. I – Aircraft Noise17 Annex 16 – Environmental Protection Vol. I – Aircraft Noise


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applicable to infringements of the nationalprovisions adopted pursuant to this Directive andshall take all measures necessary to ensure thatthose rules are implemented. The penalties providedfor must be effective, proportionate and dissuasive.The Member States shall notify those provisions tothe Commission and shall notify it without delay ofany subsequent amendment affecting them.

Specifications for Aircraft Noise (EASA).

Furthermore, the State, through its legislative function,shall ensure that rules on effective, proportionate anddissuasive penalties are in place

Item 15.33 of Progressive plan for approximation of Ukrainian legislation to the EU legislation for 2011:• Adoption of the draft legal act on the noise of aircraft, namely the State's obligation to adopt a balanced approach to noise problems at

airports in their territories

Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures withregard to the introduction of noise-related operating restrictions at Community airports


Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures with regard tothe introduction of noise-related operating restrictions at Community airports, as amended by Regulation (EC) No 1137/2008 of the EuropeanParliament and of the Council of 22 October 2008

Objective:This directive aims to promote the sustainable development of air transport through the reduction of noise pollution from aircraft at airports. The use of aircraftwith a better environmental performance can contribute to a more effective use of the available airport capacity and facilitate the development of airportinfrastructure in line with market requirements.2. Title of the Ukrainian legislation, subject and objective of its regulatory scope

ГОСТ 22283-88: Transport Aircraft noise. Admissible noise levels in the residential regions and methods of its measurement (Допустимые уровни шума натерритории жилой застройки и методы его измерения)


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3. Compatibility with the EU legislation (secondary source of law)

a) Provisions and demands of EU legislation provide the mainprinciples (article, paragraph, item): objective; keyrequirements


c) Indication of modifications to be made inUkrainian legislation – gap analysis;Ukrainian implementation (organizationaland administrative)

Article 1 - ObjectivesThe objectives of this Directive are:a) to lay down rules for the Community to facilitate the

introduction of operating restrictions in a consistent mannerat airport level so as to limit or reduce the number of peoplesignificantly affected by the harmful effects of noise;

b) to provide a framework which safeguards internal marketrequirements;

c) to promote development of airport capacity in harmony withthe environment;

d) to facilitate the achievement of specific noise abatementobjectives at the level of individual airports;

e) to enable measures to be chosen from those available withthe aim of achieving maximum environmental benefit in themost cost-effective manner

Article 2 - DefinitionsFor the purpose of this Directive:a) ‘Airport’ shall mean a civil airport within the Community

which has more than 50 000 movements of civil subsonic jetaeroplanes per calendar year (a movement being a take-off orlanding), taking into consideration the average of the lastthree calendar years before the application of the rules of thisDirective to the airport in question;

a) ‘City airport’ shall mean an airport in the centre of a largeconurbation, of which no runway has a take-off run available

The standard ГОСТ 22283-88 specifiesthe maximum allowed aviation noiselevels

at newly-designed residential areaconstructions in the proximity of existingaerodromes and airports, as well as

at the territories of residential areas of thecities and townships in the adjacency ofnewly-designed aerodromes and airports

during take-off, fly-by, and landing ofaircrafts and helicopters, during testing(which includes flight) of engines at theaerodromes

It further specifies the methods ofmeasuring aviation noise.

The standard does not apply to the effectsof sound impacts occurring during the fly-by of aircrafts with supersonic speed.

The standard ГОСТ 22283-88 complies withthe international standards ISO 131-79, ISO3891-78

However, a draft law or by law should providefor a policy approach to address aeroplanenoise, including international guidance for theintroduction of operating restrictions on anairport-by-airport basis, constituting the‘balanced approach’.

The ‘balanced approach’ concept of aircraftnoise management comprises four principalelements and requires careful assessment of alldifferent options to mitigate noise, includingreduction of aeroplane noise at source, land-use planning and management measures, noiseabatement operational procedures andoperating restrictions.

Necessary measures shall be taken to duly andappropriately consider the application inUkraine of the international guidance as to the‘balanced approach’ concept of aircraft noisemanagement.


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of more than 2 000 metres and which provides only point-to-point services between or within European states, where asignificant number of people are objectively affected byaircraft noise and where any incremental increase in aircraftmovements represents a particularly high annoyance in thelight of the extreme noise situation. These airports are listedin Annex I.

b) ‘Civil subsonic jet aeroplanes’ shall mean aeroplanes with amaximum certificated take-off mass of 34 000 kg or more, orwith a certified maximum internal accommodation for theaeroplane type in question consisting of more than 19passenger seats, excluding any seats for crew only;

c) ‘Marginally compliant aircraft’ shall mean civil subsonic jetaeroplanes, that meet the certification limits laid down inVolume 1, Part II, Chapter 3 of Annex 16 to the Conventionon International Civil Aviation by a cumulative margin ofnot more than 5EPNdB (Effective Perceived Noise indecibels), whereby the cumulative margin is the figureexpressed in EPNdB obtained by adding the individualmargins (i.e. the differences between the certificated noiselevel and the maximum permitted noise level) at each of thethree reference noise measurement points as defined inVolume 1, Part II, Chapter 3 of Annex 16 to the Conventionon International Civil Aviation;

d) ‘Operating restrictions’ shall mean noise related action thatlimits or reduces access of civil subsonic jet aeroplanes to anairport. It includes operating restrictions aimed at thewithdrawal from operations of marginally compliant aircraftat specific airports as well as operating restrictions of apartial nature, affecting the operation of civil subsonicaeroplanes according to time period

e) ‘Interested parties’ shall mean natural or legal persons


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affected or likely to be affected by, or having a legitimateinterest in the introduction of, noise reduction measures,including operating restrictions;

f) ‘Balanced approach’ shall mean an approach under whichMember States shall consider the available measures toaddress the noise problem at an airport in their territory,namely the foreseeable effect of a reduction of aircraft noiseat source, land-use planning and management, noiseabatement operational procedures and operating restrictions.

Article 3 - Competent authoritiesMember States shall ensure that there are competent authoritiesresponsible for matters falling within the scope of this Directive.

Article 4 - General rules on aircraft noise management1. Member States shall adopt a balanced approach in dealingwith noise problems at airports in their territory. They may alsoconsider economic incentives as a noise management measure.

2. When considering operating restrictions, the competentauthorities shall take into account the likely costs and benefits ofthe various measures available as well as airport-specificcharacteristics.

3. Measures or a combination of measures taken under thisDirective shall not be more restrictive than necessary in order toachieve the environmental objective established for a specificairport. They shall be non-discriminatory on grounds ofnationality or identity of air carrier or aircraft manufacturer.

4. Performance-based operating restrictions shall be based onthe noise performance of the aircraft as determined by the


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certification procedure conducted in accordance with Volume 1of Annex 16 to the Convention on International Civil Aviation,third edition (July 1993).

Article 6 - Rules on the introduction of operating restrictionsaimed at the withdrawal of marginally compliant aircraft1. If the assessment of all available measures, includingoperating restrictions of a partial nature, carried out inconformity with the requirements of Article 5 demonstrates thatthe achievement of the objectives of this Directive requires theintroduction of restrictions aimed at the withdrawal ofmarginally compliant aircraft, the following rules shall applyinstead of the procedure laid down in Article 9 of Regulation(EEC) No 2408/92 at the airport under consideration:a) six months after the completion of the assessment and

decision on the introduction of an operating restriction, noservices over and above those operated in the correspondingperiod of the previous year shall be allowed with marginallycompliant aircraft at that airport;

b) not less than six months thereafter, each operator may berequired to reduce the number of movements of hismarginally compliant aircraft serving that airport at anannual rate of not more than

c) 20% of the initial total number of these movements.

2. Subject to the rules on assessment of Article 5, city airportslisted in Annex I may introduce measures that are morestringent, in terms of the definition of marginally compliantaircraft provided that these measures do not affect civil subsonicjet aeroplanes that comply, through either original certificationor recertification, with the noise standards in Volume 1, Part II,Chapter 4 of Annex 16 to the Convention on International Civil


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Aviation.

Article 11 - Prior notice1. Member States shall ensure that on the introduction of anynew operating restriction, public notice, including anexplanation of the reasons for introducing it taking into accountthe appropriate elements of the balanced approach, is given toall interested parties:a) six months before the entry into force of the measures

referred to in Article 6(1)(a);b) one year before the entry into force of the measures referred

to in Article 6(1)(b) and (2);c) in the case of measures under Article 6, two months before

the scheduling-conference for the relevant scheduling-period.

2. Member States shall forthwith inform the other MemberStates and the Commission of any new operating restrictionwithin the meaning of this Directive that they have decided tointroduce at an airport in their territory.

Item 15.34 of Progressive plan for approximation of Ukrainian legislation to the EU legislation for 2011:• Adoption of measures for implementation in Ukraine of technical standards and regulations in air transport

Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civilaviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002and Directive 2004/36/EC


Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation andestablishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive


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2004/36/EC

Objective:1. The principal objective of this Regulation is to establish and maintain a high uniform level of civil aviation safety in Europe.2. Additional objectives are, in the fields covered by this Regulation, as follows:(a) to ensure a high uniform level of environmental protection;(b) to facilitate the free movement of goods, persons and services;(c) to promote cost-efficiency in the regulatory and certification processes and to avoid duplication at national and European level;(d) to assist Member States in fulfilling their obligations under the Chicago Convention, by providing a basis for a common interpretation and uniformimplementation of its provisions, and by ensuring that its provisions are duly taken into account in this Regulation and in the rules drawnup for its implementation;(e) to promote Community views regarding civil aviation safety standards and rules throughout the world by establishing appropriate cooperation with thirdcountries and international organisations;(f) to provide a level playing field for all actors in the internal aviation market.2. Title of the Ukrainian legislation, subject and objective of its regulatory scope

No provisions identified in the Air Code of Ukraine3. Compatibility with the EU legislation (secondary source of law)

a) Provisions and demands of EU legislation provide the mainprinciples (article, paragraph, item): objective; key requirements

b) Provisions of theUkrainian legislation andthe key requirements(title,section, article, paragraph,item, etc.)

c) Indication of modifications to be made inUkrainian legislation – gap analysis; Ukrainianimplementation (organizational and administrative)

Article 1 - Scope1. This Regulation shall apply to:

a) the design, production, maintenance and operation ofaeronautical products, parts and appliances, as well as personneland organisations involved in the design, production andmaintenance of such products, parts and appliances;

b) personnel and organisations involved in the operation of aircraft.

No relevant provisions inthe Ukrainian legislation

A law should be adopted in Ukraine to comply withthe Regulation 216/2003 and specifically for articles 5and 6, the law will also comply with certificationrequirements set out in CS-34- Engine emissions andfuel venting (EASA) in conformity with Volume I andin Amendment 5 of Volume II of Annex 16 to theChicago Convention as applicable on 24 November


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2. This Regulation shall not apply when products, parts, appliances,personnel and organisations referred to in paragraph 1 are engaged inmilitary, customs, police, or similar services. The Member Statesshall undertake to ensure that such services have due regard as far aspracticable to the objectives of this Regulation.Article 3 - DefinitionsFor the purposes of this Regulation:

a) ‘continuing oversight’ shall mean the tasks to be conducted toverify that the conditions under which a certificate has beengranted continue to be fulfilled at any time during its period ofvalidity, as well as the taking of any safeguard measure;

b) ‘Chicago Convention’ shall mean the Convention onInternational Civil Aviation and its Annexes, signed in Chicagoon 7 December 1944;

c) ‘product’ shall mean an aircraft, engine or propeller;d) ‘parts and appliances’ shall mean any instrument, equipment,

mechanism, part, apparatus, appurtenance or accessory,including communications equipment, that is used or intended tobe used in operating or controlling an aircraft in flight and isinstalled in or attached to the aircraft. It shall include parts of anairframe, engine or propeller;

e) ‘certification’ shall mean any form of recognition that a product,part or appliance, organisation or person complies with theapplicable requirements including the provisions of thisRegulation and its implementing rules, as well as the issuance ofthe relevant certificate attesting such compliance;

f) ‘qualified entity’ shall mean a body which may be allocated aspecific certification task by, and under the control and theresponsibility of, the Agency or a national aviation authority;

g) ‘certificate’ shall mean any approval, licence or other documentissued as the result of certification;

h) ‘operator’ shall mean any legal or natural person, operating or

2005, except for the Appendices to Annex 16.


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proposing to operate one or more aircraft;i) ‘commercial operation’ shall mean any operation of an aircraft,

in return for remuneration or other valuable consideration,which is available to the public or, when not made available tothe public, which is performed under a contract between anoperator and a customer, where the latter has no control over theoperator;

j) ‘complex motor-powered aircraft’ shall mean:i. an aeroplane:- with a maximum certificated take-off mass exceeding 5

700 kg, or- certificated for a maximum passenger seating configuration

of more than nineteen, or- certificated for operation with a minimum crew of at least

two pilots, or- equipped with (a) turbojet engine(s) or more than one

turboprop engine, orii. a helicopter certificated:

- for a maximum take-off mass exceeding 3 175 kg, or- for a maximum passenger seating configuration of more

than nine, or- for operation with a minimum crew of at least two pilots, or

iii. tilt rotor aircraft;

k) ‘flight simulation training device’ shall mean any type of devicein which flight conditions are simulated on the ground; theyinclude flight simulators, flight training devices, flight andnavigation procedures trainers and basic instrument trainingdevices;

l) ‘rating’ shall mean a statement entered on a licence, setting forthprivileges, special conditions or limitations pertaining thereto


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Article 4 - Basic principles and applicability1. Aircraft, including any installed product, part and appliance, whichare:(a) designed or manufactured by an organisation for which theAgency or a Member State ensures safety oversight; or(b) registered in a Member State, unless their regulatory safetyoversight has been delegated to a third country and they arenot used by a Community operator; or(c) registered in a third country and used by an operator for whichany Member State ensures oversight of operations orused into, within or out of the Community by an operator establishedor residing in the Community; or(d) registered in a third country, or registered in a Member Statewhich has delegated their regulatory safety oversightto a third country, and used by a third-country operator into, within orout of the Community shall comply with this Regulation.

2. Personnel involved in the operations of aircraft referred to inparagraph 1(b), (c) or (d) shall comply with this Regulation.

3. Operations of aircraft referred to in paragraph 1(b), (c) or (d) shallcomply with this Regulation.

4. Paragraph 1 shall not apply to aircraft referred to in Annex II.

Article 5 - Airworthiness1. Aircraft referred to in Article 4(1)(a), (b) and (c) shall comply withthe essential requirements for airworthiness laid down in Annex I.

Article 6 - Essential requirements for environmental protection1. Products, parts and appliances shall comply with theenvironmental protection requirements contained in Amendment 8 of


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Volume I and in Amendment 5 of Volume II of Annex 16 to theChicago Convention as applicable on 24 November 2005, except forthe Appendices to Annex 16.

Article 7 - Pilots1. Pilots involved in the operation of aircraft referred to in Article4(1)(b) and (c), as well as flight simulation training devices, personsand organisations involved in the training, testing, checking ormedical assessment of these pilots, shall comply with the relevant‘essential requirements’ laid down in Annex III.

Article 8 - Air operations1. The operation of aircraft referred to in Article 4(1)(b) and (c) shallcomply with the essential requirements laid down in Annex IV.

Article 9 - Aircraft used by a third-country operator into, within orout of the Community1. Aircraft referred to in Article 4(1)(d), as well as their crew andtheir operations, shall comply with applicable ICAO Standards. Tothe extent that there are no such standards, these aircraft and theiroperations shall comply with the requirements laid down in AnnexesI, III and IV, provided these requirements are not in conflict with therights of third countries under international conventions.

Article 10 - Oversight and enforcement1. The Member States, the Commission and the [European AviationSafety] Agency shall cooperate with a view to ensuring that anyproduct, person or organisation subject to this Regulation complieswith its provisions and with its implementing rules.

Article 11 - Recognition of certificates1. Member States shall, without further technical requirements or


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evaluation, recognise certificates issued in accordance with thisRegulation. When the original recognition is for a particular purposeor purposes, any subsequent recognition shall cover only the samepurpose or purposes.

Article 13 - Qualified entitiesWhen allocating a specific certification task to a qualified entity, theAgency or the national aviation authority concerned shallensure that such entity comply with the criteria laid down in AnnexV.

Article 15 - Information network1. The Commission, the Agency and the national aviation authoritiesshall exchange any information available to them in the context of theapplication of this Regulation and its implementing rules. Entitiesentrusted with the investigation ofcivil aviation accidents and incidents, or with the analysis ofoccurrences, are entitled to access to that information.

Article 16 - Protection of the source of information1. Where the information referred to in Article 15(1) is provided by anatural person on a voluntary basis to the Commission or the Agency,the source of such information shall not be revealed. When theinformation has been provided to a national authority, the source ofsuch information shall be protected in accordance with nationallegislation.


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Maritime Transport

Item 15.26 of the Progressive plan for approximation of Ukrainian legislation to the EU legislation for 2011• The adoption of legal act regarding compliance with state and organizations interested in the inspection, examination and certification of

ships, certain measures for compliance with international conventions on safety at sea and preventing marine pollution, while promoting thegoal of free services (including development and implementation requirements security building, machinery and electrical and controlinstallations of ships falling under the scope of international conventions)

Directive 2009/15/EC of 13 April 2004 on common rules and standards for ship inspection and survey organizations and for the relevantactivities of maritime administrations repealing Council Directive 94/57/EC of 22 November 1994 on common rules and standards for shipinspection and survey organizations and for the relevant activities of maritime administrations


Directive 2009/15/EC of 13 April 2004 on common rules and standards for ship inspection and survey organizations and for the relevant activities ofmaritime administrations repealing Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and surveyorganizations and for the relevant activities of maritime administrationsThis Directive establishes measures to be followed by the Member States in their relationship with organizations entrusted with the inspection , survey andcertification of ships for compliance with the international conventions on safety at sea and prevention of marine pollution, while furthering the objective offreedom to provide services. This includes the development and implementation of safety requirements for hull, machinery and electrical and controlinstallations of ships falling under the scope of the international conventions.Measures to be followed by ship inspection and survey organizations are laid down in Regulation (EC) 391/2009 of the European Parliament and of theCouncil of 23 April 2009 on common rules and standards for ship inspection and survey organizations (Recast)

2. Compliance with the EU legislation (secondary legislation)Decree No. 447/08.04.2011 of the President of Ukraine on the provisions of the State Inspectorate of Ukraine for Safety on Maritime and River Transport(Ukrmorrichinspektsiya)Code of Merchant Shipping, May 23, 1995, No 176/95-VR as amended several timesThe Merchant Shipping Code of Ukraine (hereinafter refer to as “the Code”) regulates relations which arise in connection with the merchant shipping.


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Pursuant to the Code, merchant shipping is the activity related to use of sea vessels for transportation of cargos, passengers, baggage and mail, fishing and othersea trades, exploring and mining of minerals, conducting tow, ice-breaking and rescue operations, laying cable also for other economic, scientific and culturalpurposes.a) Provisions and demands of EU legislationprovide the main principles (article, paragraph,item): objective; key requirements

b) Provisions of the Ukrainian legislation andthe key requirements (title, section, article,paragraph, item, etc.)


Article 31. In assuming their responsibilities and obligations

under the international conventions, MemberStates shall ensure that their competentadministrations can assure an appropriateenforcement of the provisions thereof, inparticular with regard to the inspection andsurvey of ships and the issue of statutorycertificates and exemption certificates as providedfor by the international conventions. MemberStates shall act in accordance with the relevantprovisions of Annex and Appendix to IMOResolution А.847(20) on guidelines to assist flagStates in the implementation of IMO instruments.

Article 10 of the Merchant Shipping Codestipulates state oversight over the merchantshipping in Ukraine that is entrusted to the centralgovernmental authority in the transport sphereexerting control over observance of the shippinglegislation and international treaties of Ukraineconcerned.

According to President`s Decree 447/2011, theState Inspectorate of Ukraine for Safety onMaritime and River Transport is entitled to:

• take part in activity of internationalorganisations and ensure enforcement ofcommitments stemming fromparticipation in those organisations (art.4point 2 of the above Decree);

• carry out inspection and survey of ships(art.4 points 26-34);

• issue necessary certificates (incl. thecertificates of registry and exemption;art.4 points 24, 36, 49, 55, 57).

Complies

Pursuant to President`s Decree 447/2011, TheState Inspectorate of Ukraine for Safety onMaritime and River Transport is the bodyresponsible for the appropriate enforcement of theprovisions of the international conventions. Thisimplies that the said central body of executivepower is also entitled to the inspection and surveyof ships and the issue of statutory certificates andexemption certificates as provided for by theinternational conventions to which Ukraine is aparty (SOLAS 74 and MARPOL with theprotocols).

.


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Regulation (EC) 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection andsurvey organizations (Recast)1. Title of EU legislation, subject and objective of its regulatory scope

Regulation (EC) 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection andsurvey organizations (Recast)

The Regulation establishes measures to be followed by organizations entrusted with the inspection, survey and certification of ships for compliance with theinternational conventions on safety at sea and prevention of marine pollution, while furthering the objective of freedom to provide services. This includes thedevelopment and implementation of safety requirements for hull, machinery and electrical and control installations falling under the scope of the internationalconventions.Measures to be followed by the Member States in their relationship with ship inspection and survey organizations are laid down in Directive 2009/15/EC (seeabove)

2. Title of the Ukrainian legislation, subject and objective of its regulatory scope

Decree No. 447/08.04.2011 of the President of Ukraine on the provisions of the State Inspectorate of Ukraine for Safety on Maritime and River Transport(Ukrmorrichinspetsiya)Code of Merchant Shipping, May 23, 1995, No 176/95-VR as amended several timesThe Merchant Shipping Code of Ukraine (hereinafter refer to as “the Code”) regulates relations which arise in connection with the merchant shipping.Pursuant to the Code, merchant shipping is the activity related to use of sea vessels for transportation of cargos, passengers, baggage and mail, fishing and othersea trades, exploring and mining of minerals, conducting tow, ice-breaking and rescue operations, laying cable also for other economic, scientific and culturalpurposes3. Compatibility with the EU legislation (secondary source of law)a) Provisions and demands of EU legislation provide the mainprinciples (article, paragraph, item): objective; key requirements



Article 3

18 http://en.shipregistr.kiev.ua/index.html


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Member States which wish to grant an authorization to anyorganization which not yet recognized shall submit a request forrecognition to the Commission together with completeinformation on, and evidence of, the organization’s compliancewith the minimum criteria set out in Annex 1 and on therequirement and its undertaking that it shall comply with theprovisions of Article 8 (4) , 9, 10, 11.

Annex 1 Minimum criteria for organizations to obtain or tocontinue to enjoy Community recognition

a) General minimum criteria1. Legal personality of the State of its location2. Document extensive experience in assessing the design and

construction of merchant ships3. Equipped at all times with significant managerial,

technical, support and research staff4. Apply own comprehensive rules and procedures for design,

construction and periodic survey of merchant ships havingquality of internationally recognized standards

5. Register of ships published annually with public access6. Independent organization7. Operate in accordance with the provisions of Annex to

IMO Resolution A 789(19) on specifications on the surveyand certification functions of recognized organizations

b) Specific minimum criteria1. Worldwide coverage by exclusive surveyors2. Code of ethics3. Managed and administered ensuring confidentiality of

information required by the administration4. Make available information to the administration,

Commission and any interested parties

Art. 22 of the Merchant ShippingCode provides for the technicalsupervision over the ships, regardlessthe type of the ship ownership and itsowner, and classification of ships ismanaged by the ship-classificationsociety, chosen by the ship owner.

The ship-classification societiesperform technical supervision overthree types of ships, whereas for theothers the order of supervision isdefined by the Cabinet of Ministers.

The ship-classification societies alsoexert supervision over observance ofthe international treaties of Ukraineon board, upon instruction of theCabinet of Ministers.

According to the Art.38, the ship-classification societies issue, uponinstruction of the centralgovernmental authority concerned, anumber of certificates which are theship`s documents.

The ship-classification society is astate enterprise with the head officein Kyiv18

In view of obtaining the Community recognition,it is recommended that the Ministry ofInfrastructure adopts an Order to provide for theminimum general and specific criteria fororganizations, such as state enterpriseclassification society "The Shipping Register ofUkraine involved in surveys and inspections ofships for safety matters.


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5. Observe intellectual property rights of shipyards,equipment suppliers, shipowners

6. Documented policy and objectives for quality7. Systematic maintenance of rules and procedures,

compliance with the internal quality system, statutory workrequirements satisfied, defined and documentedresponsibilities powers and interrelations of the personnel,controlled conditions for work, supervisory system,extensive knowledge of surveyors for ships, qualificationraising system for surveyors, maintained records, internalquality audits, compliance of the surveys to Annex andAppendix to IMO Resolution A.948 (23); clear and directlines of responsibilities between central and regionaloffices

8. Internal quality system based on internationally recognizedstandards (ISO/IEC 17020:2004, EN ISO 9001:2000)

9. Ability to derive from its direct knowledge and judgmentreliable and objective declaration on the safety of the ships

10. Necessary means of assessing through the use of qualifiedpersonnel and pursuant to the provisions set out in Annexto IMO Resolution A.913(22) the application andmaintenance of the safety management system

11. Allow participation in the development of the rules andprocedures by representatives of administration and otherparties concerned

Directive 2009/21/EC of the European Parliament and of the Council of 23 April 2009 on compliance with flag State requirements1. Title of EU legislation, subject and objective of its regulatory scope

Directive 2009/21/EC of the European Parliament and of the Council of 23 April 2009 on compliance with flag State requirementsThe purpose of the Directive is:

a) To ensure that Member States effectively and consistently discharge their obligations as flag States and


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b) To enhance safety and prevent pollution from ships flying the flag of a Member StateThis Directive shall apply to the administration of the State whose flag the ship is flying.


Code of Merchant Shipping, May 23, 1995, No 176/95-VR as amended several timesThe Merchant Shipping Code of Ukraine (hereinafter refer to as “the Code”) regulates relations which arise in connection with the merchant shipping.Pursuant to the Code, merchant shipping is the activity related to use of sea vessels for transportation of cargos, passengers, baggage and mail, fishing and othersea trades, exploring and mining of minerals, conducting tow, ice-breaking and rescue operations, laying cable also for other economic, scientific and culturalpurposes

3. Compatibility with the EU legislation (secondary source of law)a) Provisions and demands of EU legislation provide themain principles (article, paragraph, item): objective; keyrequirements


c) Indication of modifications to be madein Ukrainian legislation – gap analysis;Ukrainian implementation(organizational and administrative)

Article 4- Conditions for allowing a ship to operate upongranting the right to fly a flag in a Member StatePrior to allowing a ship to operate, which has been granted theright to fly the flag, the Member State concerned shall take themeasures it deems appropriate to ensure that the ship inquestion complies with the applicable international rules andregulations. In particular, it shall verify the safety records ofthe ship by all reasonable means. It shall, if necessary, consultwith the losing flag State in order to establish whether anyoutstanding deficiencies or safety issues identified by the laterremain unresolved.

Article 5- Detention of a ship flying the flag of a Member StateWhen the administration is informed that a ship flying the flagof the Member State concerned has been detained by a port

Art.23 of the Merchant Shipping Code indicatesthat a ship can be allowed to operate only afterdetermination that it complies with therequirements of maritime safety, human lifeprotection and the protection of environment.

In 2011, the Ministry of Infrastructureelaborated a draft order including annexes on thematter, subject to public discussion19, whichcomplies with the requirements provided inArticle 6 of the Directive.

There is no any similar provision in theMaritime Shipping Code on detention of a ship

Articles 4 and 6 of the Directive arecomplied to, subject to the adoption of theorder elaborated by the Ministry ofInfrastructure for the availabilityinformation concerning the ship.

Concerning Article 5 of the Directive, theprovision should be incorporated in theMerchant Shipping Code.

19 http://www.mtu.gov.ua/uk/alias_51/22694.html


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State, it shall, according to the procedures it has established tothis effect, oversee the ship being brought into compliancewith the relevant IMO Conventions.Article 6 - Accompanying measuresMember States shall ensure that at least the followinginformation concerning ships flying their flag is kept andremains readily accessible for the purposes of this Directive:

(a) particulars of the ship (name, IMO number, etc.);(b) dates of surveys, including additional and

supplementary surveys, if any, and audits;(c) identification of the recognised organisations

involved in the certification and classification of theship;

(d) identification of the competent authority which hasinspected the ship under port State controlprovisions and the dates of the inspections;

(e) outcome of the port State control inspections(deficiencies: yes or no; detentions: yes or no);

(f) information on marine casualties;(g) identification of ships which have ceased to fly the

flag of the Member State concerned during theprevious 12 months.

flying the flag of a Member States. No similarprovision found under the p.2 of the the Rules onthe ships control with the aim to ensuremaritime safety.


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Item 15.25 of the Progressive plan for approximation of Ukrainian legislation to the EU legislation for 2011• The adoption of the Law of Ukraine on the test vehicles, definitions inspector checking the ship, careful inspection of the vessel, to maintain

appropriate national maritime administrations with the necessary number of staff, including qualified inspectors to conduct inspections ofships

Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast)1. Title of EU legislation, subject and objective of its regulatory scope

Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast)The purpose of this Directive is to help drastically to reduce substandard shipping in the waters under the jurisdiction of Member States by:

(a) increasing compliance with international and relevant Community legislation on maritime safety, maritime security, protection of the marineenvironment and on board living and working conditions ships of all flags;

(b) establishing common criteria for control of ships by the port State and harmonizing procedures on inspection and detention, building upon the expertiseand experience under the Paris MoU;

(c) Implementing within the Community a port State Control system based on the inspections performed with the Community and the Paris MoU region,aiming at the inspection of all ships with a frequency, depending on their risk profile, with ships posing a higher risk being subject to a more detailedinspection carried out at more frequent intervals

This Directive applies to any ship and its crew calling at a port or anchorage of a Member State to engage in a ship/port interface.Where the gross tonnage of a ship is less than 500, Member States shall apply those requirements of a relevant Convention which are applicable and shall, tothe extent that a Convention does not apply, take such action as may be necessary to ensure that the ships concerned are not clearly hazardous to safety, healthor the environment. Member States shall be guided by Annex 1 to Paris MOU.When inspecting a ship flying the flag of a State which is not a party to a Convention, Member States shall ensure that the treatment of such ship and its crew isno more favourable than that given to a ship flying the flag of a State party to that Convention.4. Fishing vessels, ships of war, naval auxiliaries, wooden ships of a primitive build, government ships used for non-commercial purposes and pleasure yachtsnot engaged in trade shall be excluded from the scope of this Directive.


Code of Merchant Shipping, May 23, 1995, No 176/95-VR as amended several timesThe Merchant Shipping Code of Ukraine (hereinafter refer to as “the Code”) regulates relations which arise in connection with the merchant shipping.


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Pursuant to the Code, merchant shipping is the activity related to use of sea vessels for transportation of cargos, passengers, baggage and mail, fishing and othersea trades, exploring and mining of minerals, conducting tow, ice-breaking and rescue operations, laying cable also for other economic, scientific and culturalpurposes3. Compatibility with the EU legislation (secondary source of law)a) Provisions and demands of EU legislation provide themain principles (article, paragraph, item): objective; keyrequirements

b) Provisions of the Ukrainian legislationand the key requirements(title, section,article, paragraph, item, etc.)


Article 5 Inspection system an annual inspectioncommitmentMember states shall carry out inspections in accordancewith the selection scheme described in Article 12 andAnnex I.

Article 12 Frequency of inspectionsThe frequency of the inspections will depend on the riskprofile - determined by ship type, age and flag, thecompany's past performance and the number of times theship has been detained.

The Rules on the Ships Control with the Aimto Ensure Maritime Safety lay downinspections carried out according to plans (atleast 15 percent of foreign ships coming tothe national ports per year) and uponinformation raising doubts for irregularities.

Art. 90 of the Merchant Shipping Codegoverns the check inspection of every shipbefore its put to the sea, carried out by theInspection of the State Port Control, with theaim to ensure compliance of the shipcharacteristics to its documents andobservance of requirements to the crewinglevel.In case the ship`s documents are missing orthere are reasonable grounds for, theInspection may carry out the survey of a ship.The rules on maritime safety control aresubject to elaboration by the centralgovernmental authority concerned (e.i. StateInspection on Maritime and River Transport

It is not clear if the Ukrainian legislation includingthe Merchant Shipping Code provides for the “riskprofile”-based inspections.

20 http://w1.c1.rada.gov.ua/pls/zweb_n/webproc4_2?pf3516=9712&skl=7


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Article 22-Professional profile of inspectorsAnnex XI provide for qualification criteria for theinspectors qualified to undertake port State controlThe inspector can be assisted by a person with relevantexpertise.

Article 23- Reports of port authoritiesShip information, sailing information, description ofapparent anomalies found on boardHarmonized and electronic formats of the reports

Art.86 of the Merchant Shipping Codeprovides that the Inspection of the State PortControl is established by the centralgovernmental authority and operates on thebasis of its statute, which according to PD447/2011 is State Inspection on Maritime andRiver Transport.For the state inspectors, the Rules on theShips Control with the Aim to EnsureMaritime Safety distinguish: an inspector forcontrol by the port state; an inspector of thestate port control and an inspector of the flagstate – which are the officials of state portinspection or of the Ukrmorrichinspektsiya);with the relevant qualification andcertification.

Point 2.3.6. of the Rules on the Ships Controlwith the Aim to Ensure Maritime Safetyprovides for filling out the act (template Aannexed to the Rules) upon the inspectionresults, with the pictures taken once theevident deficiencies have been detected.

The draft law on Sea Ports of Ukraine (reg.No 9712) of 16.01.2012 has been recentlyadopted by the VRU in the first readingsubject to further consideration20

Qualification criteria for the inspectors need to bedefined according to Annex XI of the Directive.


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Article 24- Inspection databaseBuilding up the expertise and experience under ParisMOU

Item 15.23 of the Progressive plan for approximation of Ukrainian legislation to the EU legislation for 2011• The adoption of legal act regarding compliance with state regulations concerning the establishment of a uniform level of specific stability

requirements for trailer passenger ships, which will improve the level of resistance vessels of this type in case of damage and provide a highlevel of safety for passengers and teams, as well as the duty of all ferries ro-ro (trailer passenger ships) carrying out regular flights to andfrom ports of Member States, regardless of flag, during international travel, meet special requirements for stability

Directive 2003/25/EC of the European Parliament and of the Council of 14 April 2003 on specific stability requirements for ro-ropassenger ships


DIRECTIVE 2003/25/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 April 2003 on specific stability requirements for ro-ro passenger shipsThe purpose of the Directive is to lay down a uniform level of specific stability requirements for ro-ro passenger ships, which will improve the survivability ofthis type of vessel in case of collision damage and provide a high level of safety for the passengers and the crew.This Directive applies to all ro-ro passenger ships operating to or from a port of a Member State on a regular service, regardless of their flag, when engaged oninternational voyages.2. Title of the Ukrainian legislation, subject and objective of its regulatory scopeNo relevant provisions in the Ukrainian legislation3. Compatibility with the EU legislation (secondary source of law)a) Provisions and demands of EU legislation provide the mainprinciples (article, paragraph, item): objective; key requirements

b) Provisions of the Ukrainianlegislation and the keyrequirements(title, section,article, paragraph, item, etc.)


Definition No relevant legal provisions It appears advisory to adopt a legal act


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“ro-ro passenger ship” means a ship carrying more than 12passengers, having ro-ro cargo spaces or special categoryspaces, as defined in Regulation II-2/3 of the SOLASConvention, as amended

Article 3 (Scope)1.This Directive shall apply to all ro-ro passenger shipsoperating to or from a port of a Member State on a regularservice, regardless of their flag, when engaged on internationalvoyages.

2. Each Member State, in its capacity as host State, shallensure that ro-ro passenger ships, flying the flag of a Statewhich is not a Member State, comply fully with the requirements ofthis Directive before they may be engaged on voyages from or toports of that Member State in accordance with Article 4 of Directive1999/35/EC.

Article 6 (Specific stability requirements)1.Without prejudice to the requirements of Regulation II-I/ B/8 of theSOLAS Convention (SOLAS 90 standard) relating to watertightsubdivision and stability in damaged condition, all ro-ro passengerships referred to in Article 3(1) shall comply with the specificstability requirements set out in Annex I to this Directive.

2.For ro-ro passenger ships operating exclusively in seaareas where the significant wave height is equal to or lower than 1,5metres, compliance with the requirements of the regulation referredto in paragraph 1 shall be considered equivalent to compliance withthe specific stability requirements set out in Annex I.

3. In applying the requirements set out in Annex I, Member States

identified regarding compliance with state regulationsconcerning the establishment of a uniformlevel of specific stability requirements fortrailer passenger ships, with the aim toimprove:- the level of resistance vessels of this type incase of damage and provide a high level ofsafety for passengers and teams;- the duty of all ferries ro-ro (trailer passengerships) carrying out regular flights to and fromports of Member States, regardless of flag,during international travel, meet specialrequirements for stability


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shall use the guidelines set out in Annex II, in so far this ispracticable and compatible with the design of the ship in question.

Article 7(Introduction of the specific stability requirements)1. New ro-ro passenger ships shall comply with the specific stability

requirements as set out in Annex I.

2. Existing ro-ro passenger ships, with the exception of those ships towhich Article 6(2) applies, shall comply with the specific stabilityrequirements as set out in Annex I not laterthan 1 October 2010.

3.Existing ro-ro passenger ships which on 17 May 2003 are incompliance with the requirements of the regulation referred to inArticle 6(1) shall comply with the specific stability requirements asset out in Annex I not later than 1 October 2015.

4. This Article shall be without prejudice to Article 4(1)(e)of Directive 1999/35/EC.

Article 8 (Certificates)1. All new and existing ro-ro passenger ships flying the flagof a Member State shall carry a certificate confirming compliancewith the specific stability requirements established in Article 6 andAnnex I.

This certificate, which shall be issued by the administration ofthe flag State and may be combined with other related certificates,will indicate the significant wave height up to which the ship cansatisfy the specific stability requirements

The certificate shall remain valid as long as the ship operates in an


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area with the same or a lower value of significant waveheight.

2. Each Member State acting in its capacity as host Stateshall recognise certificates issued by another Member State inpursuance of this Directive.

3. Each Member State acting in its capacity as host Stateshall accept certificates issued by a third country certifying that a shipcomplies with the specific stability requirements established.

Article 9 Seasonal and short-time period operations1. If a shipping company operating a regular service on ayear-round basis wishes to introduce additional ro-ro passenger shipsto operate for a shorter period on that service, it shall notify thecompetent authority of the host State or States not later than onemonth before the said ships are operated on that service. However, incases where, following unforeseen circumstances, a replacement ro-ro passenger ship must be introduced rapidly to ensure continuity ofservice, Directive 1999/35/EC shall apply.

2.If a shipping company wishes to operate seasonally a regularservice for a shorter time period not exceeding six months a year, itshall notify the competent authority of the host State or States notlater than three months before such operation takes place.

3.Where such operations take place under conditions oflower significant wave height than those established for thesame sea area for all-year-round operation, the significant waveheight value applicable for this shorter time period may be used bythe competent authority for determining the height of water on thedeck when applying the specific stability requirements contained in


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Annex I. The value of the significant wave height applicable for thisshorter time period shall be agreed between the Member States or,wherever applicable and possible, between Member States and thirdcountries at both ends of the route.

4.Following agreement of the competent authority of thehost State or States for operations within the meaning of paragraphs 1and 2, the ro-ro passenger ship which undertakes such operationsshall be required to carry a certificate confirming compliance with theprovisions of this Directive, as provided for in Article 8(1).

Article 12 (Penalties)Member States shall lay down the rules on penalties applicable toinfringements of the national provisions adopted pursuant to thisDirective and shall take all the measures necessary to ensure that theyare implemented. The penalties provided for shall be effective,proportionate and dissuasive.

Item 15.24 of the Progressive plan for approximation of Ukrainian legislation to the EU legislation for 2011• Adoption of the legal act to reduce or overcome the adverse effects on the marine environment and human health caused by organotin

compounds which act as active biocides in anti-fouling systems used on shipsRegulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compoundson ships


Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on shipsThe purpose of this Regulation is to reduce or eliminate adverse effects on the marine environment and human health caused by organotin compounds, whichact as active biocides in anti-fouling systems used on ships.

The Regulation apples to ships flying the flag of a Member State or being operated under the authority of a Member State, and ships that enter a port or


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offshore terminal of a Member State. This Regulation does not apply to any warship, naval auxiliary or other ship owned or operated by a State and used, forthe time being, only on government non-commercial service.

AFS-Convention is a framework convention allowing the prohibition of harmful anti-fouling systems used on ships in accordance with well-defined proceduresand having due regard to the precautionary principle expressed in the Rio Declaration on Environment and Development.


No relevant legal provisions in Ukraine

3. Compatibility with the EU legislation (secondary source of law)a) Provisions and demands of EU legislation provide the mainprinciples (article, paragraph, item): objective; key requirements


c) Indication of modifications to be made inUkrainian legislation – gap analysis;Ukrainian implementation (organizational andadministrative)

Article 1 -ObjectiveTo reduce or eliminate adverse effects on the marine environment andhuman health caused by organotin compounds, which act as activebiocides in anti-fouling systems used on ships flying the flag of, oroperating under the authority of, a Member State, or ships, regardless ofthe flag they fly, sailing to or from ports of the Member States.Article 2 (Definitions)“anti-fouling system” means a coating, paint, surface treatment, surface,or device that is used on a ship to controlor prevent attachment of unwanted organisms

“gross tonnage” means the gross tonnage calculated inaccordance with the tonnage measurement regulationscontained in Annex 1 to the International Convention onTonnage Measurement of Ships, 1969, or any successorConvention

No relevant legal provisionsidentified

Accession by Ukraine of the AFS Convention(in force since September 2008);Adoption of a law for on the prohibition oforganotin compounds on ships


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“length” means the length as defined in the InternationalConvention on Load Lines, 1966, as modified by theProtocol of 1988 relating thereto, or any successorConvention

“AFS-Convention” means the International Convention onthe control of harmful anti-fouling systems on ships,adopted on 5 October 2001, irrespective of its entry intoforce

“AFS-Certificate” means the certificate issued to ships inconformity with the provisions of Annex 4 to the AFS Convention or,during the interim period, a certificateissued in accordance with the format laid down in AnnexII to this Regulation, when it is issued by the administrationof any Member State or by a recognised organisationacting on its behalf;

Article 3 (Scope)The regulation applies to :

• Ships flying the flag of a Member State;• Ships not flying the flag of a Member State but operating under

the authority of a Member State;• Ships not falling under previous categories above that

enter a port or offshore terminal of a Member State.

Article 4 _Prohibition of the application of organotin compounds whichact as biocidesAs from 1 July 2003, organotin compounds which act asbiocides in anti-fouling systems shall not be applied or reapplied onships.


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Article 5- Prohibition of the bearing of organotin compounds which actas biocides

1.Ships entitled to fly the flag of a Member State as from 1July 2003, and whose anti-fouling system has been applied,changed or replaced after that date, shall not bear organotincompounds which act as biocides in anti-fouling systems ontheir hulls or external parts and surfaces, unless they bear acoating that forms a barrier to such compounds to preventthem leaching from the underlying non-compliant anti-foulingsystem.

2.As from 1 January 2008 the ships referred to in Article3(1) shall either not bear organotin compounds which act asbiocides in anti-fouling systems on their hulls or external parts andsurfaces, or bear a coating that forms a barrier to such compoundsleaching from the underlying non-compliant antifouling system.

3. Paragraphs 1 and 2 shall not apply to fixed and floatingplatforms, FSUs and FPSOs constructed prior to 1 July 2003that have not been in dry-dock on or after that date.

Article 6- Survey and certification1.The following shall apply as regards the survey and certification ofships flying the flag of a Member State:

(a) Ships of 400 gross tonnage and above, excluding fixed orfloating platforms, FSUs and FPSOs, shall be surveyed andcertified as from 1 July 2003 in accordance with therequirements laid down in Annex I, before the ship is put intoservice for the first time, or when the anti-fouling systems arechanged or replaced.


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(b) Ships of 24 metres or more in length, but less than 400gross tonnage, excluding fixed or floating platforms, FSUs andFPSOs, shall carry an AFS-Declaration to demonstratecompliance with Articles 4 and 5.

c) Member States may establish appropriate measures for ships notcovered by points (a) and (b) in order to ensure compliance withthis Regulation

2.The following shall apply as regards the recognition ofcertificates, declarations and statements of compliance:

(a) As from 1 July 2003, Member States shall recognise any(c) AFS-Certificate;

(b) until a year after the date referred to in point (a), MemberStates shall recognize any AFS-Statement of Compliance;(c) as from 1 July 2003, Member States shall recognize anyAFS-Declaration.

Article 7 (Port State control)During the interim period, Member States shall apply controlprovisions equivalent to those laid down in Directive 95/21/EC to shipsof 400 gross tonnage and above flying the flag of a Member State. Withregard to the inspections and detection of breaches, Member States shallbe guided by the provisions of Article 11 of the AFS-Convention.

Annex I- Surveys and certification requirements for anti-fouling systemson ships flying the flag of a Member State

Annex II-Forms of the certificate and record for anti-fouling system

Annex III- declaration of anti –fouling system for ships of 24 meters ormore in length, but less than 400 gross tonnage


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Item 15.21 of the Progressive plan for approximation of Ukrainian legislation to the EU legislation for 2011• The adoption of a legal duty to act on each vessel flying the flag of a Member State or registered under its complete jurisdiction of the

registered weight of over 500 tons, with a team of 15 or more persons and is located at sea over three days, a hospital ship, which could carryout medical treatment for sufficient material and hygienic conditions, as well as the duty of each ship flying its flag or registered under itscomplete jurisdiction, with a team of 100 people or more, and is in international voyages over three days, a doctor responsible for medicalcare on board, the State's obligation to provide emergency care workers take precautions to ensure that: identified one or more centersdesigned to provide free medical consultation by radio.

Council Directive 92/29/EEC of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on boardvessels1. Title of EU legislation, subject and objective of its regulatory scope

Council Directive 92/29/EEC of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on board vessels-amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003

The objective of this Directive is to improve medical assistance at sea since a vessel represents a workplace involving a wide range of risks to the safety andhealth of the workers on board. The vessel is any vessel flying the flag of a Member State, or registered in a MS, sea-going or estuary-fishing, excluding inlandnavigation vessels, warships, pleasure boats and tugs operating in harbour areas (vessels shall be classed in three categories in accordance with Annex I);

2. Title of the Ukrainian legislation, subject and objective of its regulatory scopeNo relevant provisions identified in the Ukrainian legislation3. Compatibility with the EU legislation (secondary source of law)a) Provisions and demands of EU legislation provide the main principles(article, paragraph, item): objective; key requirements


c) Indication of modifications to be made inUkrainian legislation – gap analysis;Ukrainian implementation (organizationaland administrative)

Definition of: vessel, worker, owner, medical supplies, antidote.

Article 2Each Member State shall take the measures necessary to ensure that:1. (a) every vessel flying its flag or registered under its plenaryjurisdiction always carries on board medical supplies which meet at least,

No specific provisions exist inthe Ukrainian law

It is recommended that a draft law on medicalassistance at sea to ensure safety and health ofthe workers on board is adopted in order tocomply with the Directive 92/29/EEC


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in terms of quality, the specifications of Annex II sections I and II for thecategory of vessel to which it belongs;(b) the quantities of medicinal products and medical equipment to becarried depend on the nature of the voyage — in particular ports of call,destination, duration — the type or types of work to be carried out duringthe voyage, the nature of the cargo and the number of workers;(c) the content of the medicines and medical equipment included in themedical supplies shall be detailed on a checklist corresponding at least tothe general framework laid down in Annex IV, sections A, B and C II 1and II 2

2. (a) for each of its life-rafts and life-boats, every vessel flying its flag orregistered under its plenary jurisdiction carries a watertight medicine chestat least containing the medical supplies specified in Annex II, sections Iand II, for category C vessels;(b) the content of these chests is also detailed on the checklistreferred to in paragraph 1 (c)

3.every vessel flying its flag or registered under its plenary jurisdiction, ofmore than 500 gross registered tonnes, with a crew of 15 or more workersand engaged on a voyage of more than three days, has a sick-bay in whichmedical treatment can be administered under satisfactory material andhygienic conditions;

4. every vessel flying its flag or registered under its plenary jurisdiction,with a crew of 100 or more workers and engaged on an internationalvoyage of more than three days, has a doctor responsible for the medicalcare of the workers on board.Article 3 (Antidotes)Any vessel carrying dangerous substances must have medical suppliesincluding antidotes (Annex II) appropriate to the danger presented by suchsubstances; in principle, all antidotes are carried on ferry-type vessels,since the nature of the dangerous substances transported on these vessels


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is not always known well enough in advance. The contents of the suppliesmust be detailed on a checklist

Article 4 (Allocation of responsabilities)The provision and replenishment of the medical supplies are theresponsibility of the owner and are undertaken exclusively at his expense.Responsibility for the management of the supplies lies with the captain.They must be kept in good condition.

Article 5( Information and Training)The medical supplies must be accompanied by information and trainingmeasures to ensure that medical treatment is given correctly:• the medical supplies must contain a guide to their use;• maritime vocational training must include basic training in medical and

emergency measures;• the captain and any worker or workers to whom he delegates the use of

the medical supplies must receive special medical training in accordancewith the general guidelines set out in Annex IV.

Article 6- (Medical consultation by radio )Member States shall designate centres which hold the necessary data toensure better emergency treatment for workers. Personal data of a medicalnature held by these centres shall remain confidential.

Article 7 –(Inspection )Medical supplies must be inspected annually.

Annex I- categories of vesels• Sea-going or sea-fishing vessels, with no limitation on length of trips.• Sea-going or sea-fishing vessels making trips of less than 150 nautical

miles from the nearest port with adequate medical equipment (1).• Harbour vessels, boats and craft staying very close to shore or with no

cabin accommodation other than a wheelhouse.


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Combined Transport

Item 37 of the Plan of Measures for Legal Approximation for 2011:• to elaborate a draft law of Ukraine on combined (intermodal) transport

Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goodsbetween Member States1. Title of EU legislation, subject and objective of its regulatory scope

Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods betweenMember StatesThe Directive applies to combined transport operations, requiring the Member States to liberalize the combined transport operations from all quotas and systemsof authorizations. All haulers established in a Member State who meet the conditions of access to the occupation and access to the market for transport of goodsbetween Member States may, in the context of a combined transport operation between Member States, carry out initial and/or final road haulage legs whichform an integral part of the combined transport operation and which may or may not include the crossing of a frontier.The Directive also provides for provisions specific to combined transport operations where the dispatching/receiving undertaking carries out the initial/final roadhaulage leg for its own account. The receiving/dispatching undertaking may then also carry out the transport operation for its own account under certainconditions

2. Title of the Ukrainian legislation, subject and objective of its regulatory scopeNon-existent3. Compatibility with the EU legislation (secondary source of law)



c) Indication of modifications to be made inUkrainian legislation – gap analysis; Ukrainianimplementation

It applies to combined transport operations

Article 1“Combined transport” means the transport ofgoods between Member States where the lorry,

Currently, there is no single piece of legislationgoverning the combined transport in Ukraine.

The existing legal regimeb provides for theconcepts of (a) direct combined transportation and

No specific and unified legal framework onthecombined (intermodal/multimdoal) transport inUkraine.

No clear definition of the combined (intermodal,


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trailer, semi-trailer, with our without tractor unit,swap body or container of 20 feet or more uses theroad on the initial or final leg of the journey and,on the other leg, rail or inland waterway ormaritime services where this section exceeds 100km as the crow flies and make the initial or finalroad transport leg of the journey;-between the point where the goods are loaded andthe nearest suitable rail loading station for theinitial leg, and between the nearest suitable railunloading station and the point where the goods areunloaded for the final leg , or;-within a radius not exceeding 150 km as the crowflies from the inland waterway port or seaport ofloading or unloading

Article 3In case of combined transport for hire or award, atransport document shall specify the rail loadingand unloading stations relating to the rail leg, or theinland waterway loading and unloading portsrelating to the inland waterway leg, or the maritimeloading and unloading ports relating to themaritime section of the journey.

Article 4All haulers established in MS who meet theconditions of access to the occupation and access tothe market for transport of goods between MS shallhave the right to carry out , in the context of acombined transport operation between MS, initial

(b) indirect international transportation.

The ‘direct combined transportation’ refers to acarriage of a loading unit using a single mode oftransport (i.e. trailer placed on a wagon, containerplaced on a vessel) and is carried out inaccordance with sectoral statutes and codes ofUkraine (see below).

The ‘indirect international transportation’ refersto the transportation between Ukraine and othercountries with changing documentation in thecourse of the transportation process.

The organisation of transportation by a transportoperator who deals with combined transport (asdefined above) service providers is regarded as‘intermodal transportation’.

The recently adopted (in May 2011) Air Code ofUkraine21 omits any stipulation of the combinedtransport mode .

The Statute of Ukraine`s Railways22 covers onlyorganisation of cargo transportation in the directcombined connections with the participation of

multimodal) transport

A special law on combined transport should beadopted; or

Accession by Ukraine to the TRACECA MLA‘Agreement on development of MultimodalTransport TRACECA’ (in force).


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and /or finanl road haulage legs which form anintegral part of the combined transport operationand which may or may not include the crossing ofa frontier.

Article 8Initial or final road haulage legs forming part of thecombined transport operations shall be extemptedfrom compulsory tariff regulations.

railways, mainly in the railway-water connections(Chapter V thereof).

The Merchant Shipping Code of Ukraine23

contains only some declaratory provisions thereonwithout reference to concrete forms ofcooperation. Specifically, separate normsgoverning the combined transport are stipulatedregards the rights and duties of marine agents, thecargo transport, laying claims and limitation ofactions)

21 http://zakon1.rada.gov.ua/laws/show/3393-17/print132869097220202922 http://www.railsystem.info/doc/Statut.shtml23 http://zakon2.rada.gov.ua/laws/show/176/95-%D0%B2%D1%80


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4. RECOMMENDATIONS ON APPROXIMATION OF THE RELEVANT UKRAINIAN LEGISLATION

From the analysis performed in Section 2, both narrative and compliance tables, it results that the approximation of the Ukrainian legislation with EU acquis on liberalization of transport services is well underway. In this regard, further efforts from the relevant ministries, the Cabinet of Ministers and the Parliament are required in order to approach the satisfactory level of approximation in the sector. Therefore, the recommendations for the actions to undertake by the relevant authorities are as follows:

Road transport Council Regulation (EEC) 3821/85 of 20 December 1985 on recording equipment in road transport, incl. amendments by Regulation (EC) No 561/2006 There are discrepancies between provisions of the AETR and ILO Convention C153 as to the working and rest hours of wheeled vehicles’ drivers. Such discrepancies can lead to the disputes in case of inspections from different enforcement authorities, which is mandatory in both cases.

In particular, the AETR Agreement envisages the following:

• Weekly driving time means the total accumulated driving time during a week.

• Each driver performing the international road transport shall follow such principles:

• The daily driving time between any two daily rest periods or between a daily and a weekly rest periods shall not exceed 9 hours. It may be extended to at most 10 hours not more than twice during the week.

• The total accumulated driving time during any 2 consecutive weeks shall not exceed 90 h.

In parallel, the ILO Convention C153 provides for:

• The maximum total driving time, including overtime, shall exceed neither nine hours per day, nor 48 hours per week.

• The total driving times referred to in paragraph 1 of this Article may be calculated as an average over a number of days or weeks to be determined by the competent authority or body in each country.

• The total driving times referred to in paragraph 1 of this Article shall be reduced in the case of transport activities carried out in particularly difficult conditions. The competent authority or body in each country shall define these activities and determine the total driving times to be applied in respect of the drivers concerned.

Taking into consideration that Ukraine is simultaneously a party to the AETR Convention and to the ILO Convention C153 and the existence of some discrepancies between the provisions regarding working and rest hours of wheeled vehicles drivers, legal certainty on driving times should be promoted to allow effective and uniform enforcement of the provisions of the Directive. As an option, the Ukrainian Government may denounce the ILO C153 Convention.

Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community as amended by Directive 2002/85/EC of the European Parliament and of the Council of 5 November 2002 The provisions concerning category N3 vehicles are in partial compliance with those of the Directive regarding vehicles for carriage of dangerous goods for international routes.


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The necessary measures should be taken to ensure that:

• motor vehicles of category N3 are used on the national/international roads (without limitation to carriage of dangerous goods) only if equipped with a device set in such a way that their speed cannot exceed 90 km/h.

• motor vehicles of the category N2 shall be used on the road only if speed limitation devices are installed for which the maximum speed is set at 90 km/h.

• motor vehicles of the category M2 and M3 shall be used on the road only if speed limitation devices are installed for which the maximum speed is set at 100 km/h.

Such measures could be included in the law on road transport or relevant order of the Ministry of Infrastructure.

Directive 2007/46/EC of the EP and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) The current Ukrainian legislation does not provide for any requirements/specifications as concerns the procedures of approval of vehicles equipped with speed limitation devices, neither of the speed limitation devices themselves (with the exception of vehicles used in the transportation of hazardous goods).

It is therefore advisable to introduce the EC type-approved or alternative vehicles (as defined in Annex IV, Part II of Directive 2007/46/EC), equipped with speed limitation devices and/or separate speed limitation devices either in the law on road transport or in an order of the Ministry of Infrastructure.

Railway transport With the new law 4933 on railways vehicles submitted for adoption by the Parliament in November 2011, a considerable step in the liberalization of the railway sector has been taken. The further liberalization very much depends on the implementation of the law and further advancement of the State Targeted Programme for the Reforming of the Railway Sector.

Aviation transport The liberalisation of the air transport services should be done in phases as time is needed to adapt the industry to more stringent standards with minimum negative social impact. The liberalization of the air transport services is closely linked to the conclusion of the Agreement on Common Aviation Area with EU and specifically with Annex III thereof on market access, which provides for transitional periods for the Ukrainian legislation approximation with the EU acquis.

Directive 2006/93/EC of the European Parliament and of the Council of 12 December 2006 on the regulation of the operation of aeroplanes covered by Part II, Chapter 3 , Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988) The standard ГОСТ 17228-87 will need to be harmonised with the standards specified in Part II, Chapter 3, Volume 1 of Annex 16 to the Convention on International Civil Aviation24, second edition (1988) which would also allow for compliance with CS -36 Certification Specifications for Aircraft Noise (EASA). This would be carried out in accordance with the procedures instituted by the State Standardisation System of Ukraine, and could be initiated by the request of the Ministry of Infrastructure of Ukraine.

24 Annex 16 – Environmental Protection Vol. I – Aircraft Noise


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Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports, as amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008 The ‘balanced approach’ concept of aircraft noise management comprises four principal elements and requires careful assessment of all different options to mitigate noise, including reduction of aeroplane noise at source, land-use planning and management measures, noise abatement operational procedures and operating restrictions.

Necessary measures shall be taken to duly and appropriately consider the application in Ukraine of the international guidance as to the ‘balanced approach’ concept of aircraft noise management.

Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC A law should be adopted by Ukraine to comply with the Regulation 216/2003 and specifically for articles 5 and 6, the law will also comply with certification requirements set out in CS-34- Engine emissions and fuel venting (EASA), in conformity with Volume I and in Amendment 5 of Volume II of Annex 16 to the Chicago Convention, as applicable on 24 November 2005, except for the Appendices to Annex 16.

Maritime transport Following the gap analysis, the provisions of the Directive 2009/15/EC of 13 April 2004 on common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations repealing Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations are incorporated in the amended Merchant Shipping Code and Presidential Decree 477/2011, which stipulates that the State Inspectorate of Ukraine for Safety on Maritime and River Transport is responsible body for the enforcement of the provisions of the international conventions in particular with regard to the inspection and survey of ships and the issue of statutory certificates and exemption certificates.

Regulation (EC) 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organizations (Recast) In view of obtaining the Community recognition, it is recommended that the Ministry of Infrastructure adopts an Order to provide for the minimum general and specific criteria for organizations involved in surveys and inspections of ships for safety matters.

Directive 2009/21/EC of the European Parliament and of the Council of 23 April 2009 on compliance with flag State requirements Article 4 of the Directive is now incorporated in the amended Merchant Shipping Code. The provisions of the Article 6 of the Directive are now reflected in the draft order (including annexes) prepared by the Ministry of Infrastructure which is under the Parliament consideration. Subject to adoption, the Order complies with Article 6 of the Directive. Concerning Article 5 of the Directive, the relevant provisions should be incorporated in the Merchant Shipping Code.

Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast) Currently the Ukrainian legislation appears partially compliant with the Directive.


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Concerning Article 12 of the Directive, it is not clear if the Ukrainian legislation including the Merchant Shipping Code provides for the “risk profile”-based inspections. In order to comply with Article 12, the Merchant Shipping Code should be amended accordingly. As regards the compliance with Article 22 of the Directive, the qualification criteria for the inspectors need to be defined in the relevant legislation according to Annex XI of the Directive.

Directive 2003/25/EC of the European Parliament and of the Council of 14 April 2003 on specific stability requirements for ro-ro passenger ships A national law complying with this Directive should be adopted.

Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on ships Accession to AFS Conventions by Ukraine is recommended. In addition, a law complying with this Directive should be elaborated.

Council Directive 92/29/EEC of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on board vessels Since no specific provisions exist in the Ukrainian law, it is recommended that a draft law on medical assistance at sea to ensure safety and health of the workers on board is adopted in order to comply with the Directive 92/29/EEC.

Combined transport Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States Combined transport in Ukraine functions without a legal basis. The operators and documentation bear no legal status.

Therefore, the definition of combined (intermodal, multimodal) transport should be elaborated as the concept of combined transport as currently construed is limited to transportation of a loading unit using a single mode of transport, hence lacks the multimodalism perspective.

The development of the legal regime concerning the combined (intermodal, multimodal) transport therefore will require the drafting of a specific law, which would provide for the fundamental concepts of combined (intermodal, multimodal) transport, as a minimum:

- multimodal transport operator (MTO);

- rights and obligations of the parties;

- liability for loss, damage, or delay in the delivery of goods;

- contractual cooperation mechanisms between the oncarries in the course of intermodal transportation;

However, such an approach gives rise to doubts as to the applicability and compatibility of the legal regimes between Ukraine and its bordering countries, as far as international transportation is concerned. To this end, it may be advisable to accede to the MLA ‘Agreement on development of Multimodal Transport TRACECA’ developed within the EC TRACECA Programme.25

The agreement introduces the concepts of ‘uniform liability’ based on multimodal transport contract and single multimodal transport document. The agreement further stipulates, that “upon its entry into force, the Parties may endeavour to develop the form of documentation to be used for multimodal transport”.

25 The agreement is currently ratified by 5 countries and is in force.

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