Project title: Capacity Building of BiH Railways Regulatory Board focusing on the Fourth Railway Package
Beneficiary country: Bosnia and Herzegovina
Project funding: EU IPA
Contracting Authority: Delegation of European Union to Bosnia and Herzegovina
Project Beneficiary: BiH Railway Regulatory Board
Project timing: June 2021 – December 2022
Beneficiaries’ Coordinator: Ministry of Communications and Transport of Bosnia and Herzegovina
Contractor: EPTISA Servicios de Ingenieria S.L. in Consortium with GOPA Infra and Panteia

This assignment shall consider provision of technical assistance in capacity building of the Bosnia and Herzegovina Railways Regulatory Board, the regulator in railway sector of Bosnia and Herzegovina. Technical assistance is foreseen to focus on transposition and implementation of Package IV of the EU railway Directives concerning opening of the railway market.

The assignment foresees 9 components of implementation, Components A to I, addressing specific parts of the technical assistance to be delivered.

In legal terms, the railway sector in BiH is regulated by the State Law on Railways but also by the specific railway regulations, which elaborate in detail each of the specific components of the railway transport system (i.e. track, signalling, traction, telecommunications, rolling stock, etc…). Although the Law would have to be amended, including amendments based on recommendations resulting from this assignment, and the regulations based on evolution of matching EU regulations, including Technical Specifications of Interoperability, they may be presently considered adequately aligned with the Acquis. BiH Railways Regulatory Board, being a promoter of the railway regulations in BiH, retains its responsibility for regulation of the railway sector, and for opening of the market. It is still formally reporting to the Ministry of the Communications and Transport of BiH, so new solutions need to be sought to strengthen its independence.

The basic task and function of the BiH Railways Regulatory Board is the transposition of EU legislation into national legislation in the field of the railway transport. Such legislation is presently considered to be in line with EU Directive 2012/34/EU. Other tasks include inspection of issued documents, monitoring of compliance with the conditions for granting approval for the operation of railway vehicles, infrastructure and organization of railway transport, promotion of technical specifications, supervision of the implementation of the issued technical specifications, implementation of EU Technical Specifications for Interoperability, market regulation (verification of non-discriminatory, open and fair access to railway infrastructure), market surveillance (state responsibility and interest to avoid uncertified components in the territory of the state), licensing authority, safety certificate issuance, authorization for placing on market (systems and sub-systems of infrastructure and rolling stock), establishing a database on infrastructure, rolling stock, train drivers.

There is an Accident Investigation Body, whose independence and future role needs to be further strengthened and developed.

This assistance shall be provided with a purpose of establishing the legal framework for functional and organizational rail system in BiH capable for opening the railway transport market in a manner of non-discriminatory access to infrastructure (Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area).

On that course, following results are expected from the technical assistance:

  • Provision of the legal framework of a possible open, functional and organizational rail system in BiH,
  • Creation of regulatory preconditions for a safe, modern and efficient rail system,
  • Creation of regulatory preconditions for regulation and control of the railway market and the railway system in BiH,
  • Creation of regulatory preconditions for an independent operation of the safety investigation unit,
  • Creation of regulatory and legal preconditions for the unobstructed use of electronic forms in railway undertakings in BiH in line with EU requirements,
  • Identification of a generally acceptable way of functioning of the railway system and its institutions in BiH in line with EU requirements.