Update to the contribution to the progress report on the process of accession of the republic of macedonia to the european union

3.13FISHERY

In accordance with the new Law on Fisheries and Aquaculture and the new Rulebook on Fishery Bases a public announcement for the creation of Fishery Bases in Fishery Areas (Ohrid, Dojran, and Prespa Lake) as well as the more important water accumulations has been made.

3.14TRANSPORT POLICY

In the field of Road Transport, the Law on Public Roads was adopted (Official Gazette of the Republic of Macedonia No.84/08). The Law was prepared according to the Study for restructuring of the road sector, under CARDS 2006 project, and is the cornerstone of the broader legal and institutional reform of the road sector.

The Law on Public Roads generally refers to the categorisation of roads, clear and functional definition of the responsibilities as well as new financing rules of the roads. Pursuant to the Law, an Agency for state roads shall be established, replacing the Fund for National and Regional Roads. The Agency will be responsible for the planning, financing, construction, reconstruction, maintenance and protection of the state roads. The Agency will be responsible before the Government of Republic of Macedonia.
Besides the current responsibilities of the existing Fund for National and Regional Roads, the Agency shall take over many responsibilities or duties that PE Makedonija Pat is dealing with. The Agency shall be responsible to give all public authorisations with regards to the protection such as issuing of the required licenses for construction of assets on the state roads. The Agency for state roads shall be responsible for maintenance of the state roads and through a public tender the maintenance and protection works can be subcontracted to a contractor.
The Law on Ratification of the Agreement between the Government of the Republic of Macedonia and the Government of Slovak Republic on International Road Transport of Passengers and Goods has passed the Governmental procedure. The Agreement has been signed in March 2008, according to which, transport of goods is regulated on liberal principle, i.e without licensing regime.
According to the Action Plan for adoption the EU legislation on tachographs, the Law Amending the Law on Road Transport Safety was enacted (Official Gazette of the Republic of Macedonia No. 86/08). The Law gives the legal ground for adoption of the sub-legislation related to the use of tachografs in the vehicles. The bylaws are already adopted.
A technical meeting between Republic of Macedonia and the European Commission on road fee took place on 13^th of August 2008 in Brussels. An interim solution was proposed - to express the road tax for foreign vehicles in duration, with the possibility to pay per day, week, month or year and to align the annual amount with the annual registration tax for domestic vehicles, whilst, the pay-toll, which is already equal both for domestic and foreign vehicles, would continue to be collected.
In the field of Railway Transport, the final versions of Track Access Charge Study and Public Service Obligation Study are submitted to the end users, upon which, it is expected that the Government of the Republic of Macedonia shall take up a decision on the model for determining the track access charge, as well as on the amount of the compensation with regards to the public service obligation in the railway transport.
The railway company for transport operations and the Ministry of Transport and Communications announced public call for purchasing 100 wagons and 2 electrical locomotives.

In the field of Air Transport, the Parliament has adopted the Law on the Obligations and Material Rights Relations in Air Transport („Official Gazette of the Republic of Macedonia“No.85/08). The Law shall regulate the private law issues in the aviation domain related to the transport agreement, i.e. the fare for passenger transport, responsibilities of the air carriers arising from the transport agreement, damage compensation, insurance, etc. The Law is harmonised with the following EU measures: 31992R2409; 31997R2027, 32002R0889, 32004R0261, 32005R2111, 32004R0785, 31989R2299 and 31999R0323.

The Law Amending the Law on Aviation is also adopted by the Parliament („Official Gazette of the Republic of Macedonia“No.103/08).. The amendments regulate the airport fees (e.g. passenger fee, safety and landing fee) and give the possibility for the airport fees to be defined by the airport operator, upon a previous approval by the Government of the Republic of Macedonia.
Based on the Aviation Law (“Official Gazette of the Republic of Macedonia” Nos.14/2006, 24/2007), the following bylaw was adopted - Rulebook on the detailed conditions for construction and modification of aircraft, aircraft engine, propeller and equipment, technical control of the construction and preparation of technical-technological documentation, examination for conformity assessment and the manner and procedure for determining airworthiness, as well as the form, contents, records and manner of issuing, extension, renewal and modification of the certificates for construction, type, airworthiness, noise and gases emissions (“Official Gazette of the Republic of Macedonia” No.69/2008) and it transposes the EU measure 32003R1702, as well as Rulebook on vocational training, checks, licenses and authorizations of the technical personnel for aircrafts maintenance („Official Gazette of the Republic of Macedonia“ No.80/08) and it transposes the EU measure 32003R2042.
A Regulation was adopted on the manner for air navigation service provision, as well as on the special conditions relating to the necessary personnel, equipment and other special conditions necessary for safe and proper operations (Official Gazette of RM No 114/08) which transposes the following EU measures: 32004R0549 – partly, 32004R0550 – partly and 32005Р2096.
On 12.09.2008, the Government of the Republic of Macedonia adopted the National Programme for Aviation Safety Quality Control, which transposes EU measure 32003R1217.
The Ministry of Transport and Communications prepared a Draft-Rulebook on the manner and procedure for returning and forced landing of an aircraft approaching an area of forbidden, provisionally forbidden or dangerous zone, or flying through it. It is in phase of consultation.
TRANSFORMATION OF THE CIVIL AVIATION AGENCY
The Civil Aviation Agency prepared a Draft-Statute of the Shareholding Company with single shareholder, the state – air navigation service provider, and Draft-Decision for the establishment of a shareholding company with single shareholder, the state – air navigation service provider. The documents are in Government procedure.
TRANSFORMATION OF THE PUBLIC ENTERPRISE FOR AIRPORT SERVICES “MACEDONIA”- SKOPJE
With Decision of the Government of the Republic of Macedonia No 33-3555/1 from 12.07.2008, members of the Supervisory Board of JSC for airport services “MACEDONIA AIRPORT” – in state ownership were appointed. With Decision of the Supervisory Board No 02-934/3 from 20.08.2008, members of the Steering Board of JSC for airport services “MACEDONIA AIRPORT” – in state ownership were appointed. The new shareholding company is registered in the Central Registry of the Republic of Macedonia on 22.08.2008.

Regarding the procedure for awarding concession for construction, reconstruction and use of the airport “Alexander the Great” - Skopje, the airport “St. Paul the Apostle”- Ohrid and for construction of a new cargo airport in Stip the Government adopted Decision for selection of, Turkish company “TAV” as a concessionaire. (Official Gazette of RM No 108/08). The Concession Agreement was signed on 24.09.2008; and it shall enter into force after 90 days as of the signing date.

Pursuant to the new Rulebook on Job Positions from 11.07.2008, of the Ministry of Transport and Communications, the Aviation Department now has 12 job positions and consists of two units: Aviation Policy Unit and Unit for Safety and Aviation Standards. Currently, the Department has six employees (five permanent employees and one contracted employee through the Agency for temporary employments).