Уговор о оснивању транспортне заједнице и европско законодавство
The treaty establishing the transport community and Euroepan Union legislation

Summary/Abstract: The paper presents an overview of the most important provisions of the Treaty Establishing the Transport Community between the European Union and the Southeast European Parties: the Republic of Albania, Bosnia and Herzegovina, the Former Yugoslav Republic of Macedonia, Kosovo*, Montenegro and the Republic of Serbia (signed in Trieste and Brussels, 2017) (“Treaty”). The Treaty represents a continuation of EU activities in terms of strengthening the regional integration of candidate countries and potential candidates for the EU membership. The first part of the paper points to the objectives of the Treaty, as well as the content of the rights and obligations that the Treaty prescribes. One of the key general obligations of the contracting parties of Southeast Europe could be the obligation to make relevant provisions of the European Union (EU) acts (set out in Annex I)“part of their internal legal order”. In general terms, the Treaty also specifies how the Contracting Parties from Southeast Europe should make the provisions of the EU acts (regulations, directives, decisions) part of their internal legal order. In that sense, the Treaty refers directly to seven groups of the EU rules (in total 179), which are considered directly relevant to the achievement of its objectives. The second part of the paper is dedicated to the EU rules to which the Treaty refers. These are rules concerning the following issues: transport infrastructure, rail transport, road transport, maritime traffic, inland waterway transport, environment, public procurement, competition and state aid. The final part of the paper emphasizes the (potential) significance of the Treaty on the Republic of Serbia (RS), especially from the standpoint of stronger regional integration, the implementation of the EU integration process and the harmonization of the internal with the EU rules.

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