The current situation in the railway system of Bosnia and Herzegovina shall be identified by collecting of the data on the current state of the system, BiH Law on Railways and other relevant laws and bylaws at all three levels: state level, Entities level and level of present integrated railway companies. All relevant EU documents, including relevant Directives that shall constitute an integral part of this set of papers shall be collected, and draft transposition of Acquis requirements into laws and bylaws of the BiH rail system prepared under Component A.
Component A presents the first stage of the project. It shall consider stocktaking of relevant legal and regulatory documents relevant for the functioning of the railway sector in Bosnia and Herzegovina. In the initial stage, the relevant EU documents, including relevant the EU Directives, standards and regulations shall be identified, located and noted. The same approach shall be maintained concerning regulatory document of the international conventions and agencies the BiH railway system is associated with. The assignment shall enable the access to such documents in an easy and time-saving manner. The BiH Law on Railways and all relevant laws, bylaws and regulations at all three levels: State level, Entities’ levels / Brčko District of BiH, and companies’ levels, applicable in BiH, shall be collected, systemised, and made available in all three official languages in BiH and in English language. The Regulatory and legislative framework applicable in BiH shall be compared against the regulatory frameworks of the EU and international organisations, associations and agencies, and draft modifications to ensure full compliance of the local framework drafted and proposed for their adoption by local authorities.
Technical state of the railway lines in BiH, level road crossings, criteria for level road crossings of shall be explained in the Component B of this project.
The study subject to Component B of this project shall inspect, record and note the technical state of the railway lines in BiH, specifically concerning the level road crossings, in particular for establishing criteria for determining categories of level road crossings, which shall be subject to consideration of the assignment. A specific overview shall be made concerning the safety segment: overview of all categories of road crossings and their coherence with the situation plans, insurance and the mode of functioning, establishing criteria for redefining status of the level road crossings as well as for creating and opening of the future level road crossings, and proposing mandatory technical equipping of level road crossings in accordance with the EU requirements, as an essential part of the rail safety system.
The method of calculating of the infrastructure charges shall be specifically presented in order to find a systematically satisfactory solution. The infrastructure access packages for both Entity infrastructure managers shall be defined very precise, in a viable manner, as output of Component C.
Component C of this project shall establish a sustainable, robust and simple to apply, maintain and adjust methodology of calculating of infrastructure access fee charges. The infrastructure access packages for both Entity infrastructure managers, and possible future infrastructure managers, shall be foreseen and determined in a very precise, viable and functional manner. The elaborated and harmonized solution(s) shall address requirements of the EU Directives.
Upon completion and approval of Components A, B, and C, it would be possible to draft a document on the safety system concerning infrastructure manager(s) of the Railways of Federation of Bosnia and Herzegovina, infrastructure manager(s) of the Railways of Republika Srpska, railway undertaking Railways of Federation of Bosnia and Herzegovina, and railway undertaking Railways of Republika Srpska, as an output of Component D.
Component D of this project shall be a continuation of components A, B i C. Completion and endorsement of the three previous components shall enable drawing-up of a document on safety system concerning infrastructure managers: Public Enterprise Railways of Federation of Bosnia and Herzegovina and Public Enterprise Railways of Republika Srpska, and concerning railway undertakings: Public Enterprise Railways of Federation of Bosnia and Herzegovina and Public Enterprise Railways of Republika Srpska, but also possible future undertakings licenced for railway operations in Bosnia and Herzegovina. This component shall also be coordinated and shared with BiH Railways Public Corporation, and made available to other possible future infrastructure managers and railway undertakings.
This Component shall consider analysis of the state of affairs and the legislative framework in which the BiH Railway Regulatory Board is acting, including the proposal of organization and systematisation from the aspect of the BiH Law on Railways, potential for improvement of the respective Law in line with the Acquis, the powers and obligations deriving from the EU requirements.
Component E of this project shall analyse the state of affairs in railway sector in BiH and the legal and regulatory frameworks in which the BiH Railway Regulatory Board is functioning. Based on such analysis, a proposal of improved organization and systematization of BiH Railways Regulatory Board, coherent with the provisions of the BiH Law on Railways, and including proposals for amendments and improvements of the Law and addressing the requirements for alignment with the Acquis and package IV of the railway EU Directives shall be drafted. The drafted documents shall determine powers and obligations of the BiH RRB derived from the EU requirements.
This Component shall address set up of a system for control and monitoring, i.e. to establish tools for the supervision of the open market by the regulatory body. Since a significant step needs to be made in this area in BiH, the EU regulator and the neighbouring countries’ regulators shall also be consulted. The outcome of this part of the project shall be a comprehensive study on opening of the BiH rail transport market and its regulation.
Component F of this project shall assist in setting up a system of control and monitoring of the open railway market in BiH. It would provide for draft documents to enable establishment of organisational and regulatory framework in railway sector, as well as relevant and practical tools for implementation and supervision of regulatory and monitoring functions of the railways regulatory body. On that course, the EU regulator and the regulators of neighbouring countries shall also be consulted, so a coherent approach can be ensured. The outcome of this part of the project shall be a comprehensive study on the regulation of the BiH rail transport market, once open to all interested operators in a non-discriminatory and transparent manner. This shall, therefore, also address setting-up of a system for control and monitoring, i.e. to establish tools for the supervision role of the railway regulatory body.
It is necessary to introduce provision of the railway public service function that would have the most immediate benefit for the traveling, in particular commuting population in BiH. The proposal of public service shall include relevant draft contract as an output of Component G.
Component G of this project shall assist in ensuring and regulating the railways public service function. It is expected that such service would produce an immediate benefit for the traveling / commuting population in BiH, also providing for the positive impact on economic development of the country. The proposal of public service system and respective regulations, shall also consider preparation of draft regulatory documents and relevant contract templates for such arrangements, shall be prepared under this Component.
This Component shall consider analysis and proposal for the introduction and implementation of all relevant electronic documents in the railway system of BiH to be used by undertakings. It shall be carried as assistance to undertakings / operators of Bosnia and Herzegovina at this stage, as well as to all external entities upon opening of the railway market in BiH.
Component H of this project shall provide for assistance to the present and future operators / undertakings licensed in Bosnia and Herzegovina in implementation of electronic documents in the railway system of Bosnia and Herzegovina, which are already in use in the EU, or foreseen for introduction in the near future. Such system of application of electronic documents on railways shall be complementary to the EU railway systems and railway systems of neighbouring countries, where already applied or in process of application. This would be provided in close coordination, and as direct support to the licensed railway undertakings / operators in Bosnia and Herzegovina, but also to all external undertaking entities to be concerned upon opening of the railway market in BiH.
In the environment of an open transport market, an independent safety investigation would have an important role. On that course, analysis of the situation, equipment, organisational structure and financial independence are preconditions for independent investigations shall be subject to elaboration. The task under this Component shall provide for a proposal for the functionally possible, sustainable, feasible and acceptable organization of the Unit for Safety Investigations, in accordance with the EU Legislation.
Component I of this project shall concern improving of the function of an independent safety investigation body in the railway system of BiH. In the conditions of an open railway transport market, such function is of a highly important role. This assignment shall analyse the present situation, propose functional structure, provision of the full autonomy and financial independence of the body, required necessary equipment, and preconditions for performing independent investigations. This component shall provide for a proposal for the possible functional organization of the Unit for Safety Investigations in accordance with the EU Directives and regulations.