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Transport Services in the Czech Republic Experience with the new legislation

Transport Services in the Czech Republic Experience with the new legislation Process of the market opening in the v long-distance transport Mgr. Jan Snopek Ministry of Transport of the Czech Republic EMTA General Meeting Prague, 24th of May 2012. Legislation. Three periods of time:

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Transport Services in the Czech Republic Experience with the new legislation

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  1. Transport Services in the Czech Republic Experience with the new legislation Process of the market opening in the v long-distance transport Mgr. Jan Snopek Ministry of Transport of the Czech Republic EMTA General Meeting Prague, 24th of May 2012

  2. Legislation Three periods of time: • Until 3rd of December 2009 - Regulation (EEC) No 1191/1969 • Act on road transport (No 111/1994) (§ 19) and Act on railways (No 266/1994) (§ 39), including implementing regulations (No 493/2004 and 241/2005) • Since3rd of December 2009 to the new Act on public passenger transport services - Regulation (EC) No 1370/2007 - Partly act on road transport and act on railways • After the force of the Act on public passenger transport services • Regulation (EC) No 1370/2007 • Act No 194/2010 on public passenger transport services including new implementing regulations (No 295-7/2010, 63/2011) • Act on road transport (without § 19) and Act on railways (without § 39), without implementing regulations

  3. Transitional period according to Regulation (EC) No. 1370/2007 10 years - the award of public service contracts shall comply with Article 5 as from 3 December 2019. • Contracts awarded in the period from 26th July 2000 to 3rd December 2009 • On the basis of a fair competitive tendering procedure – may continue until they expire, but for no longer than 30 years • On the basis of other procedure – may continue until they expire, provided they are of limited duration comparable to the durations according to Regulation (max. 10 - 15 years for buses, max. 15 - 22,5 years for railways)

  4. Regulation (EC) No 1370/2007 on public passenger transport services by rail and by road … in force from 3rd December 2009 (replaces Regulation (EEC) No 1191/1969 New way of awarding public service contracts in passenger transport by rail and by road (or by inland waterway) – it doesn’t concern services operated for their historical interest or tourist value. • Tendering procedure – general rule • Direct award – award of a public service contract in four listed cases

  5. Act on public passenger transport services Public authorities - § 3 and 4 • Region – responsible for providing regional public transport services by rail and road in their districts, with agreement of another region also on territory of another region. • Municipality – can order city or (additional) regional transport on its territory, out of its territory with agreement of region and concerned municipalities. • State – represented by Ministry of Transport, responsible for “state order”, i.e. railway long-distance passenger transport. The state order cannot include bus lines.

  6. Long-distance railway passenger transport

  7. Schedule of opening market for public service Process of market opening in long-distance rail passenger transport belongs amonggovernmental priorities in the field of public transport and it is also part of Government policy statement. Government Decree No 423 of 8th June 2011 contains agreement of the Czech Government with schedule of successive public service market in the long-distance railway passenger transport. Competitions are not the only aim, they are the means for improvements of the quality in the public transport and for increasing transparency when spending public means (the problem of checking up the finance in the case of direct award). Contracts with awarded public service operators will last for 15 years.

  8. Schedule of opening market for public service Modified 1st part of the schedule (program for government meeting 29th February 2012) – for period up to the 2018/2019 timetable 2nd part of schedule – in the next period

  9. Current questions in the public transport Government decree No 1132 of 31st August 2009 constituted state participation on financing long-distance and regional passenger rail transport for period 2010-2019 and promised: 1. to stabilize financing regional passenger rail transport and to grant regions by means of state budget up to 2,649 bilion Kč (105 million €) in the year 2010. This amount of money is to used for regional passenger rail transport services. 2. in the nine following years (2011-2019) to offer budget grants for regions according to point 1 with annual inflation increase.

  10. Current questions in the public transport Czech government decree No 1132 of 31st August 2009 constituted state participation on financing long-distance and regional passenger rail transport for period 2010-2019, however: 1. for the year 2011 the budget grants were kept at the same level and were not increased in accordance with the adequate inflation rate 2. similar development in the year 2012and 2013

  11. Thank you for your attention Jan Snopek jan.snopek@mdcr.cz +420 225 131 173 odbor veřejné dopravy Ministerstvo dopravy

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