On 27 October 2017, the Treaty establishing the Transport Community was published on the Official Journal of the European Union. Contracting parties of the Treaty are, on the one hand, the European Union and, on the other hand, the South East European Parties, namely the Republic of Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Kosovo, Montenegro and the Republic of Serbia.

The Transport Community in the field of road, rail, inland waterway and maritime transport, referred to as the Transport Community, aims at developing the transport network between the European Union and the South East European Parties, and is based on the progressive integration of transport markets of the South East European Parties into the European Union transport market on the basis of the relevant acquis (the corpus of legislation adopted by the European Union in order to fulfil its objectives), including in the areas of technical standards, interoperability, safety, security, traffic management, social policy, public procurement and environment, for all modes of transport excluding air transport.

With regard to rail transport, the Treaty states that railway undertakings licensed in an EU Member State or by a contracting country shall have the right of access to the infrastructure in all EU Member States and contracting countries for the purpose of operating international rail passenger or freight services.

With regard to road transport, inland waterway transport and maritime transport, the Treaty provides for a co-operation between the contracting parties to reach convergence towards operating standards and policies of the European Union on the respective fields.

The Treaty is without prejudice to the right of each South East European Party, subject to compliance with the principle of non-discrimination, to unilaterally adopt new legislation or amend its existing legislation in the field of transport or an associated area mentioned in Annex I of the Treaty; such legislation shall be in accordance with the Treaty.

The Treaty will enter into force on the first day of the second month following the date of deposit of the instruments of ratification or approval by the European Union and at least four South East European Parties. For each signatory which ratifies or approves the Treaty after such date, it will enter into force on the first day of the second month following the deposit by such signatory of its instrument of ratification or approval.

Davide Scavuzzo