TWINNING PROJECT FICHE - Support to the Ministry of Infrastructure of Ukraine in Strengthening of Safety Standards of Commercial Road Transport ...
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TWINNING PROJECT FICHE
Support to the Ministry of Infrastructure of Ukraine in
Strengthening of Safety Standards of Commercial Road
Transport
UA/14/ENP/TR/43
1Glossary
AsMAP Association of international road transport carriers of Ukraine
BC Beneficiary Country
EC European Commission
EU European Union
IFI International Financial Institution
IT Information Technology
MoI Ministry of Infrastructure of Ukraine
MS Member State (EU Member)
NGO Non-Governmental Organisation
PAO Programme Administration Office
PCA Partnership and Cooperation Agreement
PL Project Leader
PSC Project Steering Committee
GAP Gap Analysis
RTA Resident Twinning Advisor
STE Short Term Experts
TRACECA Transport Corridor Europe-the Caucasus-Asia
TEN-T Trans-European Networks - Transport
TNA Training Needs Assessment
TP Twinning Partner
WTO World Trade Organisation
Transport Strategy of Ukraine for the period of up to 2020,
Transport
approved by Ordinance of Cabinet of Ministers of Ukraine No
Strategy
2174-r dated October 20th 2010
21. BASIC INFORMATION
1.1 Programme: Annual Action Programme Ukraine 2012, CRIS reference number 2012/023-
714
1.2 Twinning Number: UA/14/ENP/TR/43
1.3 Title: Support to the Ministry of Infrastructure of Ukraine in Strengthening of Safety
Standards of Commercial Road Transport
1.4 Sector: Transport
1.5 Beneficiary country: Ukraine
Ministry of Infrastructure of Ukraine, Transport Safety Department
32. OBJECTIVES
2.1 Overall Objectives
The overall objective of the project is to improve Ukraine’s commercial road transport safety in line
with EU technical requirements and best international practices and aiming at decreasing the number
of traffic accidents and resulting fatalities.
2.2 Project Purpose
The purpose of the project is to ensure sufficient institutional capacity within the Ministry of
Infrastructure of Ukraine (MoI) to improve road safety parameters.
2.3 Contribution to the EU-Ukraine Association Agenda, Association Agreement, National
Transport Strategy, Strategy for improving the level of road traffic safety in Ukraine up to
2015
The relations between Ukraine and the EU are based on the Partnership and Cooperation Agreement
(PCA) signed in 1994 and in force since 1998, and the European Neighbourhood Policy EU-Ukraine
Action Plan, which has been replaced by the Association Agenda in November 2009.
On 30 of March 2012 the chief negotiators of the European Union and Ukraine initialled the text of
the Association Agreement. The Transport Chapter of the Association Agreement calls for
cooperation of the Parties aiming at the facilitation of the restructuring and modernization of
Ukraine’s transport sector and gradual approximation towards operating standards and policies
comparable to those in the EU, which inter alia include the promotion of efficient, safe and secure
transport operations.
Both EU and Ukraine expressed their common commitment to undertake further technical steps,
required to prepare conclusion of the Association Agreement. In the meantime, the Association
Agenda (June 2013 update1) remains the central instrument supporting such preparation.
Among others, under the transport section, the Association Agenda stipulates, that the Parties
cooperate to support Ukraine in implementation of the comprehensive Transport Strategy of
Ukraine2 for the period of up to 2020 (the Strategy) and the development and implementation of an
action plan for improving road safety. Furthermore, Annex XXXI to the Association Agreement sets
forth a list of European acquis to which Ukrainian legislation shall be aligned.
The present twinning project will aim to ensure sufficient institutional capacity of MoI with regard to
the forthcoming implementation of the provisions of the following EU legal acts (which are in line
with the purpose of the project as well as included in Annex XXXI to the Association Agreement):
• Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21
October 2009 establishing common rules concerning the conditions to be complied with to
pursue the occupation of road transport operator and repealing Council Directive
96/26/EC;
1
Endorsed by the EU-Ukraine Cooperation Council (Luxembourg, 24 June 2013)
2
Approved by the Ordinance of Cabinet of Ministers of Ukraine, No 2174-r dated October 20th 2010
4• Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the
initial qualification and periodic training of drivers of certain road vehicles for the
carriage of goods or passengers, amending Council Regulation (EEC) 3820/85 and Council
Directive 91/439/EEC and repealing Council Directive 76/914/EEC.
The Ministry of Infrastructure further pointed out that Ukraine currently does not implement the
provisions of the Geneva Agreement3 of 1958, to which it is a signatory party since 2000. In this
context, due to the nature of the twinning project and its focus on aligning legal documents with
those of the EU, the following relevant European legal act for harmonisation in Ukraine was
identified:
• Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007
establishing a framework for the approval of motor vehicles and their trailers, and of
systems, components and separate technical units intended for such vehicles.
Although the above-mentioned Directive is not part of the Association Agreement, it must be noted
that the construction of vehicles and of their components is directly related to the road safety
parameters, and currently MoI is willing to uptake European (and hence international) uniform
conditions in this respect.
On the other hand, the Transport Strategy of Ukraine for the period of up to 2020 highlights the low
level of road transport safety in the country, as indicated by high road incident rates compared to EU
countries. In this respect, the present twinning project will contribute to the provisions of the
Transport Strategy of Ukraine for the period of up to 2020 listed under the priorities for Road
Transport, namely:
• implementing the State Target Programme for Improving Road Traffic Safety Rate;
• distributing road traffic operation functions among executive bodies, and setting up a control
system harmonized with the European one;
• enhancing requirements to road operators and monitoring their compliance with transport
safety legal provisions;
• improving the technical regulation system for vehicle access to the road traffic, the regular
technical inspection, and maintenance and repairs of vehicles;
• establishing the unified system for training and certifying the road transport employees,
according to European standards;
• setting up a testing centre for establishing the compliance of road vehicles, engines and
exhaust gas conversion systems with national and international standard provisions;
• introducing international environmental standards EURO-6 for vehicles and engine fuels.
Furthermore, the present twinning project will contribute to the provisions of the Transport Strategy
of Ukraine for the period of up to 2020 under road infrastructure section, namely:
• implementing road traffic safety actions on particularly dangerous stretches of roads;
3
Agreement concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts
which can be fitted and/or be used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals
Granted on the Basis of these Prescriptions of 1958, Geneva
5• introducing efficient road traffic technical devices on roads (automated road traffic operation
systems, antidazzle screens, markings with improved reflective properties, etc.);
• improving the information support for road traffic participants.
In line with the provisions of the Association Agenda and Association Agreement, the Government
of Ukraine adopted4 the Strategy for improving the level of road traffic safety in Ukraine for the
period up to 2015. To support the implementation of the aforementioned road traffic safety strategy,
the Ministry of Internal Affairs in cooperation with the relevant bodies of central executive power
elaborated an Action Plan for road traffic safety strategy implementation, which was subsequently
approved5 by the Cabinet of Ministers of Ukraine in 2012.
Furthermore, according to the provisions of clause 1 of the Action Plan for road traffic safety
strategy implementation the Ministry of Internal Affairs jointly with the Ministry of Infrastructure
and other concerned executive bodies developed State Target Programme for Improving Road Safety
in Ukraine for the period till 2016 adopted by the Cabinet of Ministers of Ukraine6.
The success and effectiveness of the above-mentioned measures will largely depend on the
institutional capacity of the Ministry of Infrastructure of Ukraine in terms of expediting relevant
reforms and establishing an appropriate legal and regulatory framework akin to that of the EU.
Therefore, a twinning project seeking to improve the institutional capacity of the MoI through
establishing a two-way cooperation with a counterpart from an EU Member State is fully compliant
with the relevant sector policies of both EU and Ukraine, namely with the relevant objectives of the
EU-Ukraine Association Agenda, Association Agreement and the national transport strategy. On the
other hand, this twinning project could benefit from a cooperation of MoI with Ministry of Internal
Affairs of Ukraine in implementing the relevant components of the project, possibly by establishing
an ad hoc joint working group on road safety, as, according to the Ministry of Infrastructure, in the
past, expert level meetings have been held between the two with a view to addressing the road safety
issues.
3. DESCRIPTION OF THE TWINNING PROJECT
3.1 Background and justification
According to the World Health Organisation7, over 90,000 people die annually from road traffic
injuries in the WHO European Region, 66% of which are in the middle- and lower-income countries.
EU recognises the road safety as a major societal issue and consistently deploys numerous measures
to achieve the objective of reducing road traffic accident-related injuries and resulting fatalities.
While the accident and mortality rates in EU tend to decrease, road safety performance in Ukraine
remains very low by international standards, while the mortality rates from road traffic injuries are
among the highest in Europe8, standing at 21.5 deaths per 100,000 populations compared to 13.5
averages in WHO European Region. According to the Ministry of Internal Affairs of Ukraine, there
were 196,399 road traffic accidents in 2012, which is 5.5% more than in 2011. These accidents
4
Resolution of Cabinet of Ministers of Ukraine no. 480-r, dd. 25 May, 2011
5
Ordinance of Cabinet of Ministers of Ukraine no.148r. dd. 21 March, 2012
6
Regulation of the Cabinet of Ministers of Ukraine no. 294, dd. 25 March, 2013
7
World Health Organization, “European Facts and Global Status Report On Road Safety 2013”
8
World Health Organization “European Status Report: Towards safer roads and healthier transport choices”
6resulted in 5094 deaths (4908 in 2011). Such deteriorating situation with regard to road safety
parameters calls for immediate action in terms of policy-making, as well as enforcement.
To help the Ministry of Infrastructure in improving the situation, the EU in consultation with the MoI
considered "institutional twinning" with a Member State (MS) of the EU as the most relevant way to
provide assistance in the framework of the EU-Ukraine cooperation. It should accelerate the capacity
building of the MoI in benefitting from EU experience and practices, specifically relating to road
traffic safety management systems, qualification of directors and managers of road transport
companies and drivers, and certification of vehicles and their components.
3.1.1 Road Transport Safety Management
In accordance with article 3 of the Law of Ukraine “On Road Traffic”, the responsibility of ensuring
the safety of road traffic is assigned to the corresponding structural unit of the Ministry of Internal
Affairs of Ukraine, namely the State Automobile Inspectorate. At the same time, according to the
terms of article 11 of the aforementioned law, it is foreseen that the Ministry of Infrastructure within
the limits of its competence ensures the safety of the road traffic and in this respect issues legislative
acts, which do not contradict with the existing legislation on road traffic and support enterprises,
establishments and organizations in their attempts to implement measures aimed at ensuring road
traffic safety.
According to item 1 of the Provisions9 on the Ministry of Infrastructure of Ukraine, the Ministry of
Infrastructure is the main body of central executive government for formation and ensuring the
implementation of the state sectoral policy for automobile transport, as well as for ensuring safety in
this sector. The aforementioned is one of the key tasks of the Ministry of Infrastructure of Ukraine.
The mandate of the Ministry of Infrastructure concerning the approval of the provisions on the road
traffic management system is foreseen in sub-item 4.1.36 of the Provisions on the Ministry of
Infrastructure.
Apart from this, the draft Law of Ukraine “On Road Transport”, which is developed by the Ministry
of Infrastructure for the completion of the National action plan for 2013, includes provisions (article
73) concerning the road traffic safety management, which stipulates that road operators and
enterprises with transport means at their disposal must develop, implement, support and continually
improve a system for traffic safety management.
Currently, the Typical Provision10 on road safety management system is in force. However, this
document is not registered with the Ministry of Justice of Ukraine and the norms specified therein
are outdated, non-compliant with the acting legislation of Ukraine, their application is not
mandatory for road operators and hence the document must be withdrawn.
In this respect, the action plan for implementation of the “Strategy11 on improving the road safety in
Ukraine for the period up to 2015” includes an action (I.2.2) for developing and approving model
Regulation concerning the road traffic management system, along with the mechanism of organising
preventive actions for avoidance of road transport accidents, as well as main principles of
management and its scope and procedures of monitoring of implementation of such measures. Parties
responsible for implementation of this action are defined as the Ministry of Infrastructure and
Transport Inspection of Ukraine. As of today, the Ministry of Infrastructure and the Transport
9
Approved by the Presidential Decree no. 581 dd. 12 May, 2011
10
Approved by the Order of the Ministry of transport of Ukraine no. 877 dd. 13 November, 2003
11
Approved by the Order of the Cabinet of Ministers of Ukraine no. 140-p dd. 21 March 2012
7Inspection of Ukraine have developed a draft Provision of the Road Traffic Safety Management
System.
As highlighted in the World Report on Road Traffic Injury Prevention, fatal and long term crash
injury is largely predictable, largely avoidable and a problem amenable to rational analysis and
remedy. Research and experience in North America, Australasia and Europe have shown that very
substantial reductions in road deaths and serious injuries have been achieved through the application
of evidence-based measures against the background of increased motorization12. The limits to
improved road safety performance are shaped by a country’s road safety management system which
determines the results being sought and produces the interventions to achieve them.
Ukraine continues to lack a culture of safety in general and road safety in particular. In the EU, it has
been the subject of generations of awareness raising campaigns as well as a integral components of
training curricula. However, notwithstanding the focus on safety in the EU, there is no specific
legislation dealing with Road Transport Safety Management. Instead, Road Transport Safety
Management is part of the general package of legislation that is commonly known as “Health and
Safety at Work of Occupational Safety”, which also applies to the road transport sector.
Therefore, road transport safety can be improved by implementing Directive 89/391/EEC “on the
introduction of measures to encourage improvements in the safety and health of workers at work”,
which is part of the draft Association Agreement. This Directive requires employers to assess risks as
created by the operation of their enterprise and ensure that these are mitigated, managed and where
possible eliminated.
Many EU Member State Governments have approached the implementation of this Directive by
providing “best practice guides” to different sectors, including the road transport sector, providing a
framework for the employers to manage health and safety risk for their employees. In relation to the
road transport sector, these guides address safe behaviour of employees while driving, loading/
unloading, during shift changes but they also cover such areas as risk assessment and accident/
incident reporting. Though the guides are not mandatory for use, observing the national laws
transposing the directive is mandatory and the guides assist companies in voluntary compliance with
health and safety at work legislation in relation to the transport sector.
3.1.2 Access to road operator occupation, qualification and training of drivers
According to article 17 of the Law of Ukraine “On Road Transport”, the personnel of the road
transport must conform to certain legal requirements, namely must have a necessary level of
professional qualification.
According to article 34 of the Law of Ukraine “On Road Transport”, road transport operators with 10
or more vehicles at their disposal are obliged to organise the raising of the qualification of managers
and specialists in road transport, the activities of whom are associated with the provision of road
transport services. The frequency of this obligation is defined as once in five years. For those
managers and specialists whose activities are concerned with the issues of road transportation safety,
occupational safety and fire safety the frequency is set at once in three years. The order of the
qualification raising is prescribed by the Ministry of Infrastructure of Ukraine. Apart from that,
according to the article 59 of the Law of Ukraine “On Road Transport”, residents of Ukraine
performing international transportation of passengers and goods, and/or specialists appointed by
those as responsible for ensuring the safety of transportation, must have a document confirming their
12
SafetyNet (2009) Road Safety Management
8qualification, for which the requirements and the process of approval are defined by the Ministry of
Infrastructure.
The existing Procedure13 for training managers and specialists whose activities are associated with
provision of road transport services, safety of transportation, occupational safety and fire safety,
defines the requirements for the organization of a system for qualification raising for managers and
specialists, as well as the requirements for the training centres for qualification raising and the
requirements for the procedure of assessing the competence of managers and specialists in road
sector.
It is considered pertinent to support the full implementation of the above-described provisions, which
imply the necessity to develop and approve a series of legal/normative documents and perform
several procedural actions.
The requirements for the bodies providing the training, re-training and raising qualification of drivers
are defined by a joint order14 of the Ministry of Internal Affairs, Ministry of Transport and
Communication, Ministry of Education and Science, Ministry of Labour and Social Policy.
The procedure for training, re-training and raising qualification of the drivers is defined by the
resolution15of the Cabinet of Ministers of Ukraine, whereby article 3 stipulates that the raising of the
qualification of drivers involved in the transportation of goods and passengers is carried out
according to the procedure defined by the Ministry of Transport and Communications (currently
Ministry of Infrastructure).
Currently, access of drivers to the provision of services for transportation of passengers and goods by
road transport is granted exclusively based on the availability of the driver’s license of a relevant
category and the driver’s age. In addition, the legislation of Ukraine does not define a system for
qualification raising for drivers engaged in transportation of passengers and goods which would be
based not only on raising of driving skills, but also on acquiring the necessary knowledge of legal
aspects of providing transportation services, such as legal bases of the rules for transportation of
passengers and goods, normative requirements to the transportation process which ensure the
appropriate level of quality of services and create the conditions of safety for the transportation
process. As of now, the Ministry of Infrastructure has developed draft Procedures for raising the
qualification of drivers for provision of passenger and goods transportation services.
It must be noted, that the new draft Law of Ukraine “On Road Transport” (being developed by the
Ministry of Infrastructure in the framework of the National Action Plan for 2013), the above
mentioned issues are addressed in chapter 3.2 “Access to the passenger and goods transportation
market” and in article 22 “Certificate of professional competence”, as well as in chapter 3.3
“Personnel of road transport”, and in particular in article 27 “Requirements to professional
qualification of drivers engaged in passenger and/or goods transportation services”.
The requirements for the access to the road operator occupation and to the initial qualification and
periodic training of drivers forms a part of the EU policy for road safety.
Regulation No 1071/2009 governs the admission to the occupation of road haulage operator and
road passenger transport operator in the European Union since 2011. The rules set forth in this
regulation cover road haulers using vehicles of over 3.5 tonnes maximum authorised mass and
commercial road passenger transport undertakings operating vehicles with more than 9 seats,
13
Order of the Ministry of Infrastructure no.551 dd. 26 July 2013
14
No. 385/934/828/33 dd. 7 September 2009
15
No. 487 dd. 20 May 2009
9including the driver. The criteria to be fulfilled for access to the occupation include good repute,
financial standing, professional competence, and establishment.
Directive 2003/59/EC is part of the overall effort to increase the safety on European roads. The
Directive was adopted because of the importance and high relevance for all Member States of the
qualification and training of drivers engaged in the transport of goods or passengers by road. The
purpose of the Directive is to raise the standard of new drivers and to maintain and enhance the
professionalism of existing truck and bus drivers throughout the EU through continuous update of
their capacities. Raising the level of qualification of drivers is seen as an important element in
increasing road safety and the training foreseen by the Directive aims specifically at increasing
drivers' awareness of the risks and the ways to reduce them.
3.1.3 Certification of vehicles and of their components
In Ukraine, the basic laws in the field of certification and conformity verification are:
• Law of Ukraine “On certification”;
• Law of Ukraine “On conformity verification”;
• Law of Ukraine “On metrology and metrological activity”;
• Law of Ukraine “On accreditation of bodies for conformity verification”;
• Law of Ukraine “On standards, technical regulations and procedure for conformity
verification”;
• Law of Ukraine “On quality and safety of food products and raw food materials”;
• Decree of Cabinet of Ministers “On standardization and certification”.
Ukraine, in accordance with the Law of Ukraine no. 1448-111 dated 20 February 2000, is a signatory
party to the “Agreement concerning the Adoption of Uniform Technical Prescriptions for Wheeled
Vehicles, Equipment and Parts which can be fitted and/or be used on Wheeled Vehicles and the
Conditions for Reciprocal Recognition of Approvals Granted on the Basis of these Prescriptions” of
1958, including its 1995 amendments (hereinafter ‘the Geneva Agreement’).
Despite the accession to the Geneva Agreement back in 2000, Ukraine is the only country out of 50
signatory parties factually not implementing the prescribed procedure for compliance with the
requirements, which are based on the official type approval of transport vehicles, their parts and
equipment according to the UN ECE Rules annexed to the Geneva Agreement. This situation results
in non-recognition of conformity verification carried out in Ukraine in other countries signatories to
the Geneva Agreement.
The reason for this lies in the fact that the certification system of vehicles currently existing in
Ukraine is based on principles of conformity verification which are different from the globally
accepted ones (the requirements for certification of wheeled transport vehicles are defined in section
21 of the List16 of products subject to mandatory certification in Ukraine). In particular, such
principles do not comply with the legislation of Ukraine, namely the provisions of the Geneva
Agreement of 1958, and are therefore subject to fundamental reform.
16
Approved by the order of the State Committee of Ukraine for the matters of technical regulation and consumer policy
no. 28 dd. 1 February 2005
10With this aim, the Cabinet of Ministers of Ukraine adopted a resolution17 titled “Several issues on
certification of transport vehicles, their parts and equipment”, while the Ministry of Infrastructure
(competent body in terms of the Geneva Agreement) approved by its order18 the procedure for
approval of construction of transport vehicles, their parts and equipment (hereinafter – “Procedure
for approval of construction’) and the procedure for maintaining a register of type certificates of
vehicles and equipment issued by the producers of conformity certificates of vehicles and equipment
(registered in the Ministry of Justice on 14 September 2012, no. 1586/21898 and no. 1587/21899).
The Procedure of construction approval sets forth the order of admission of vehicles to the traffic,
operation and use, approximation to the EU legislation foreseen in the Geneva Agreement of 1958,
and regulates the application in Ukraine of UN ECE Rules, based on which the notifications of
official type-approvals are issued, vehicles, their parts and equipments are tested and marked
(Ukraine has been assigned the code “E46” for marking). Furthermore, the Procedure of construction
approval envisages the appointment of bodies for certification and the definition of technical services
for performance of certification activities for vehicles, their parts and equipment. Currently there are
discrepancies as concerns the timeframe of implementation of the full set of requirements as per the
Procedure of construction approval, which would lead to the repeal of section 21of List19 of products
subject to mandatory certification in Ukraine, as well as of the order of State Standardization Body
no. 23 of 17 January 1997 “On approval of rules on mandatory certification of road transport
vehicles, their constituent parts and accessories”.
The Directive 2007/46/EC is part of the European Union’s continued effort to ensure the highest
possible level of safety for all road users. It puts forth technical provisions for the motor vehicle
sector, making the internal market function better and simplifying the type-approval procedure for
motor vehicles while maintaining a high level of safety and environmental protection. Directive
2007/46/EC applies to all categories of motor vehicles designed and constructed in one or more
stages for use on the road and also to the systems, components and separate technical units designed
and constructed for such vehicles. More precisely, the Directive is aimed at commercial vehicles
(vans, lorries, semi-trailers, trailers), buses and coaches.
The Directive allows the manufacturers to choose among step-by-step type-approval, single-step
type-approval or mixed type-approval and introduces a new EC type-approval method known as
"multi-stage type-approval". Each manufacturer involved in manufacturing a vehicle fills in the part
of the certificate relating to its own stage. The aim of this is to adapt the process to the specific
nature of commercial vehicle manufacturing. The multi-stage procedure generally involves two
steps:
• the initial manufacturer will obtain type-approval for a chassis (including the engine, wheels,
shock absorbers, brakes, etc.) and a first EC type-approval certificate will be issued;
• subsequently, the second manufacturer will assemble the bodywork and present the finished
vehicle for type-approval. Where the same manufacturer is responsible for both chassis and
bodywork, the vehicle may be type-approved using the time-honoured procedure for
passenger cars.
The Directive 2007/46/EC is based on the principle of total harmonization. EC type-approval
procedures are compulsory and replace the national procedures with which they have co-existed up
17
No. 738 dd. 9 July 2011
18
No. 521 dd. 17 August 2012
19
Approved by the order of the State Committee of Ukraine for the matters of technical regulation and consumer policy
no. 28 dd. 1 February 2005
11until its adoption. The type-approval process is therefore noticeably simplified for manufacturers. It
is enough for one Member State to type-approve a vehicle in order for all vehicles of that type to be
registered throughout the Community solely on the basis of their certificate of conformity.
3.1.4 Investigation of accidents with the involvement of commercial transport
The procedure of and bodies involved in the pre-trial investigation of criminal activity, in particular
committing of the road traffic accidents, are defined in the Criminal Procedural Code of Ukraine
(‘the Code’). Article 38 of the Code specifies that the bodies of pre-trial investigation are the
investigative units of enforcement bodies, security forces, bodies responsible for monitoring
compliance with tax laws, bodies of the state bureau of investigation.
Pre-trial investigation shall not be confused with the technical investigation, which represents certain
activities for identification of technical and organizational causes of the road traffic accidents, with a
view to developing measures aimed at prevention of road traffic accidents.
It must be noted, that the new draft Law of Ukraine “On Road Transport” includes article 75,
according to which road traffic accidents involving vehicles of road operators – physical or legal
entities engaged in transport of passengers and goods - are subject to technical investigation.
Technical investigations shall be carried out without interference in the work of bodies, the
procedural investigation activities of which are foreseen in the legislation.
With the entry into force of amendments20 to the Law of Ukraine “On Transport” (article 6), Law
“On Road Transport” (article 16-2) and “Provisions on State Inspectorate of Ukraine for road
transport safety”, the State Inspectorate for Transport is assigned the functions of carrying out
technical investigations of catastrophes, accidents, and traffic incidents which take place in road
transport.
In order to comply with the provisions of the aforementioned legal acts and in accordance with the
item 3 of section I of the Action plan for the implementation of the Strategy on improving the road
safety in Ukraine up to 2015, currently there is a developed draft of “Procedures for technical
investigation of catastrophes, accidents, traffic incidents which take place in road transport” by the
Ministry of Infrastructure.
3.2 Linked activities
The following related projects and activities should be taken into consideration:
Technical assistance project: “Support for the implementation of the Transport Strategy of
Ukraine” (March 2012 – December 2014)
Beneficiary: Ukraine
The project is aimed at support of the Ministry of Infrastructure and other stakeholders in
implementation of the national transport strategy of Ukraine and alignment of the respective
Ukrainian legislation with the EU acquis. The project is expected to provide sufficient assistance in
the implementation and monitoring of the transport sector budget support operation; support in the
implementation of the national transport strategy; assistance in improving traffic development
planning and financing; strengthening administrative capacities of the Ukrainian authorities to
implement national transport strategy.
20
Approved by the Presidential Decree no. 387 dd. 6 April 2011
12TRACECA project “Transport Dialogue and Interoperability Between the EU and its
Neighbouring Countries and Central Asian Countries” (April 2013 – April 2016)
Beneficiaries: All TRACECA countries
The project's objective is to contribute to strengthening the political and transport dialogue
mechanisms between the EC, the TRACECA beneficiary countries, other project stakeholders and
IFIs. The project is to contribute to the development and agreement of TRACECA regional
investment plans for transport infrastructure and to provide support in project identification, project
definition and appraisal leading to mobilisation of funding and project implementation. Further
support in the implementation of transport investments' projects by providing studies, developing
business and master plans, analysing financial and technical feasibility and promoting public-private
partnerships is envisaged in the framework of the project implementation.
Twinning project “Development and Coordination of Multimodal Transport and Logistic
Processes in Ukraine” (September 2012 – May 2014)
This twinning project is aimed at strengthening the institutional capacity of the Ministry of
Infrastructure of Ukraine to facilitate the development of multimodal transport by application of the
best European practices, hence supporting the further development of the transport logistics service
industry. The project deals with institutional and capacity building support to the Department of
Policy Development of Transport Infrastructure and Tourism of the MoI that would to allow the
Ministry to intervene as appropriate in the multimodal and logistics sectors in order to facilitate their
development in line with main provision of Transport Strategy in this field.
Elaboration of a special programme for the development of multimodal transport and facilitation of
logistic services on the basis of national transport strategy and incorporation this programme into a
medium term action plan of transport strategy is important part of this twinning project. During the
preparation of the programme special attention has to be paid to the needs of development of a legal
or regulatory framework covering efficient application of multimodal transport. This programme
would set out how the Ministry wishes to see the development of the respective sectors and would
assist in establishment of achievable goals and tasks.
Twinning project “Support to the Strengthening of Road Freight and Passengers Transport
Safety” (September 2008 – May 2010)
This road safety twinning project was aimed at harmonization of legislation and procedures as well
as improvement of the enforcement mechanisms to enhance road safety. The project contributed into
the adaptation of legal framework for general traffic regulation and obligatory insurance covering;
improvement of enforcement and control mechanisms; improvement of sanction system and
procedures for handling fines. The project helped involved stakeholders to prepare road traffic safety
strategy document that could serve for further drafting of respective legal documents. Assistance was
provided to improve road accident database.
Two TRACECA projects ''Implementation of the Regional Road Safety Action Plan for the
ENPI and Central Asian Countries - Global Road Safety Partnership'' and '' Implementation
of the Regional Road Safety Action Plan for the ENPI and Central Asian Countries" will start
at the beginning of 2014.
- Implementation of the Regional Road Safety Action Plan for the ENPI and Central Asian
Countries – Global Road Safety Partnership (grant; 24 months). .
- Implementation of the Regional Road Safety Action Plan for the ENPI and Central Asian
Countries (technical assistance project; 24 months).
13The projects are aimed at the implementation of TRACECA Regional Road Safety Action Plan,
ensuring that corridor transport system actively promotes safety, security and protection of users,
property, general public and the environment.
Despite the fact that the twinning project is devoted to the road safety exclusively on the commercial
transport and through mainly legal approximation measures, there are issues that would be
overlapping, including, for example, technical investigation, and certification of vehicles. Close
coordination will be established in order to ensure a clear and explicit task division for Ukraine
between the TRACECA projects, TRACEA Permanent Secretariat and the twinning project in their
initial stage. The respective projects teams will need to meet and discuss regularly, while reporting to
DEVCO F3 and the EU Delegation to Ukraine.
3.3 Results
Component A: Development of Road Transport Safety Management
Result: The capacity of the MoI in instituting road transport safety management is enhanced and
appropriate institutional structure is defined as well as a comprehensive guide on safety management
is developed and disseminated. The MoI is capable of maintaining and updating the guide to adjust
to technological progress.
Component B: Certification of professional competence of road transport operators and
drivers
Result: Legal and regulatory framework for the system of certification of professional competence
of road transport operators and drivers according to EU acquis (Regulation 1071/2009 and
Directive 2003/59/EC) is drafted. The twinning project shall assist the MoI in preparing the relevant
bills (e.g. ministerial order or resolution of the Cabinet of Ministers, as it may be required).
Component C: Certification of vehicles
Result: Legal framework for conformity certification system for vehicles, their parts and
components according to the Directive 2007/46/EC is drafted. The twinning project shall assist the
MoI in preparing the relevant bills (e.g. ministerial order or resolution of the Cabinet of Ministers, as
it may be required).
Component D: Technical investigation of accidents
Result: Draft legal framework for technical investigation of accidents involving commercial road
transport and resulting in heavy consequences is drafted. The twinning project shall assist the MoI in
preparing the relevant bills (e.g. ministerial order or resolution of the Cabinet of Ministers, as it may
be required).
3.4 Activities
Component 0:
Activity 0.1: Kick-Off Meeting. During the first month of the project a kick-off meeting will be
organised to introduce the aims and activities agreed upon in the Work Plan to all relevant
stakeholders. If agreed by the Twinning Partners, the public shall be informed as well by organising
a media conference announcing the project launch and objectives.
14Activity 0.2: Closing Conference. A conference shall be organised during the final period of the
project implementation phase. The main goal is to present the results of the project as well as lessons
learnt and recommendations to the same audience that attended the kick-off meeting. The Twinning
Partners shall decide if they open this meeting to the general public and to the media.
Component A: Development of Road Transport Safety Management in Ukraine
Activity A.1: Analysis of existing Ukrainian legislation and regulations, as well as already prepared
draft legislation, and assessment of its compliance /compatibility with the general principles of the
EU legislation as well as with Directive 89/391/EEC on the introduction of measures to encourage
improvements in the safety and health of workers at work.
Activity A.2: Preparation of recommendations to bring legislation in line with the EU approach and
the requirements of Directive 89/391/EEC.
Activity A.3: Conducting a two – day workshop for the relevant staff of the MoI, relevant
governmental institutions, NGOs and academia in road transport sector education on the concepts of
preparing and maintaining best practice guides for health and safety at work, focused on the road
transport sector.
Activity A.4: Conducting a one day workshop for commercial transport sector stakeholders (e.g.,
ASMAP, largest transport undertaking) on the use of the best practice guide.
Activity A.5: Publishing and distributing 5000 copies of the best practice guide, preparing a
downloadable e-book (open standard) and publishing it on the website of the MoI.
Activity A.6: Organisation of a study tour to an EU Member State where a similar system of Road
Transport Safety Management is operational.
Component B: Certification of professional competence of road transport operators and
drivers
Activity B.1: Conducting overview of Ukrainian existing legislation and already elaborated draft
legislation on the field of certifying the professional competence of drivers and road company staff
(managers and experts) that operate passenger and goods services.
Activity B.2: Conducting comparative analysis (or gap analysis) between the EU legislation
(Directive 2003/59/EC and Regulation 1071/2009) and existing Ukrainian legislations in relevant
field.
Activity B.3: Development of legal and/or regulatory act(s) (ministerial order or resolution of the
Cabinet of Ministers, as may be required) for establishing a system of certifying of professional
competence of drivers, including competence of road transport operators in accordance with the
provisions of Directive 2003/59/EC and Regulation 1071/2009.
Activity B.4: Development of the action plan for implementation of legal and/or regulatory act(s)
for establishing a system of certifying of professional competence of drivers.
Activity B.5: Conducting workshop on certification of professional competence of road transport
operators and drivers with participation of the relevant structural departments of the MoI, Ukrainian
training centres to be subsequently involved in delivering the training, drivers and road transport
15operators21 (managers, staff). The workshop will need to address the key principles of professional
competence certification, according to the relevant EU acquis.
Activity B.6: Conducting training (train-the-trainer) provided to the staff of MoI and Transport
Inspection of Ukraine, to ensure building their capacity in developing relevant legal instruments and
providing advanced training guidance to the instructors of Ukrainian training centres who will be
engaged in the competence certification system regarding drivers and road transport operators
(managers, staff).
Activity B.7: Organising study tour in EU Member States operating systems as defined by Directive
2003/59/EC and Regulation 1071/2009 in order to demonstrate best practice in certification of
professional competence of road transport operators and drivers.
Component C: Certification of vehicles
Activity C.1: Conducting analysis of existing legislation and already developed draft legislation of
Ukraine in the field of certification of vehicles, their parts and components.
Activity C.2: Conducting comparative analysis (or gap analysis) between the EU legislation
(Directive 2007/46/EC) and existing Ukrainian legislations in the relevant field.
Activity C.3: Providing detailed recommendations, including description of measures and action
plan for approximation of the existing legislation in Ukraine to the provisions of Directive
2007/46/EC.
Activity C.4: Conducting workshop on administrative provisions and general technical
requirements for approval of vehicles and of the systems, components and separate technical units
intended for those vehicles for the representatives of relevant departments of the MoI.
Activity C.5: Conducting training on EU/international legal and regulatory practices in conformity
certification of vehicles and of the systems, components and separate technical units intended for
those vehicles. The training would need to cover the overall legal framework for conformity
certification and the relation between relevant EU acquis and UNECE regulations and shall target the
relevant staff of the MoI.
Activity C.6: Organising study tour to EU Member State to demonstrate the conformity certification
for vehicles, their parts and components in line with the Directive 2007/46/EC and UNECE
regulations.
Component D: Technical investigation of accidents
Activity D.1: Conducting analysis of existing legislation and already developed draft legislation in
Ukraine in the field of investigation of accidents resulting in heavy consequences.
Activity D.2: Providing recommendations on roles (duties and responsibilities) and authorities of
Ministry of Infrastructure and other stakeholders during the technical investigation of road traffic
accident causes.
Activity D.3: Introducing the best EU/international practice of technical investigation of road
accident causes where commercial transport is involved in a stakeholder workshop.
Activity D.4: Elaboration of procedures of technical investigations of road accidents with
involvement of commercial road transport and heavy consequences.
21
Selection of participant private operators shall be carried out in close consultation with the MoI and AsMAP
16Activity D.5: Providing recommendations on improving the accident-related data collection, access
and usage procedures.
Activity D.6: Conducting training for the staff of MoI structural units (Department for Safety of
MoI, design institutes "UkrTranInspectorate", "DerzhAvtoTransNDIProekt'') to ensure building their
capacity in carrying out technical investigations of causes of road accidents with the involvement of
commercial transport and heavy consequences.
Activity D.7: Conducting workshop for stakeholders (including those other than law enforcement
body) on managing and implementing the technical investigation of road accident causes where
commercial transport is involved. The workshop would need to address the conceptual approaches to
technical investigation of accident causes.
Activity D.8: Organising study tour to EU Member State to demonstrate functioning of a body in
charge for technical investigations of accidents involving commercial transport.
3.5 Means/ Input from the MS Partner Administration
This twinning project provides for exchanging the experience and advanced methods with the
administration (administrations) of EU Member States for 21 months (the project's implementation
period). Standard twinning procedures are to be used. RTA and STEs mobilised under this contract
must be proficient in English, preferably also be proficient in Ukrainian or Russian, have excellent
communication and analytical skills, be proficient in report drafting and have excellent team working
abilities.
3.5.1 Profile and Tasks of the Project Leader (PL)
The PL will be expected to devote a minimum of 3 days per month to the project in his/ her home
administration. In addition, he/she will come to Ukraine at least every three months (e.g. at Project
Steering Committee (PSC)) to supervise and coordinate the overall flow of the project, from the
Member State side.
The main tasks of the Member State Project Leader are to ensure:
- The overall coordination of the project;
- The achievement of the mandatory results.
The MS Project leader shall:
- Be a long-term civil servant from the public authority responsible for infrastructure or
transport sector with necessary experience in a leading position in road safety;
- Co-chair Project Steering Committee meetings;
- Provide legal and technical guidance and analytical support;
- Contribute to preparation of project progress reports with support of the RTA;
- Have education and experience in the field of project management, institutional issues and
organization of regulatory & safety oversight works in road safety;
- Have a good command of written and spoken English.
3.5.2 Profile and Tasks of the RTA
The Resident Twinning Adviser (RTA) will provide input on site, and the main tasks are:
- Manage the day-to-day coordination and progress of the activities of the project in Ukraine
(office accommodation in the Ministry of Infrastructure premises);
- Leading the activities of the project;
17- Liaise with the Beneficiary Country (BC) and Project Leader and maintain regular contacts
with BC RTA counterpart;
- Report to the MS Project Leader;
- Follow up progress action plans of Ministry of Infrastructure staff on their return from work
placements;
- Prepare project progress reports.
The RTA shall:
- Be a civil servant from the state authority or mandated body with at least 10 years of
experience in transport infrastructure matters and with the last 5 years in road safety and be
an expert in one or more project components;
- Have an education and experience in the field of project management, institutional and legal
issues and road safety activities;
- Have a deep knowledge of institutional and legal issues and road safety activities;
- Have an excellent command of written and spoken English;
- A spoken capability in Russian or Ukrainian would be an advantage.
3.5.3 Profile and tasks of short-term experts (STEs)
To achieve the mandatory results and to carry out the activities as per section 3.4 (activities) the
following 7 short-term experts’ assistance is needed (with office accommodation in the MoI
premises):
Title Tasks Profile Input22
STE 1 – Legal expert Legal review of University degree 50 man-days
in commercial existing legislation Expert in EU transport
transport Training activities acquis and institutional
issues
Excellent command of
written and spoken English
STE 2 – Legal expert Legal review of University degree 45 man-days
in general traffic existing general traffic Expert in EC transportation
regulation legislation compared to Regulations and institutional
typical EU traffic issues
legislation
Excellent command of
Training activities written and spoken English
STE 3 – Institutional Assess and provide University degree 35 man-days
expert on road safety recommendations on Excellent knowledge in
roles (duties and Institutional issues related to
responsibilities) and road safety
authorities of Ministry
of Infrastructure and Experience in institutional
other stakeholders issues of which minimum 5
during the technical years in the field of road
investigation of road safety
traffic accident causes Ability to develop guidance
22
Input in man-days is indicative
18RTA technical tools (procedures, manuals,
investigation of etc)
accident causes. Excellent command of
Training activities written and spoken English
STE 4 – Road safety Assist in activities to University degree 40 man-days
expert bring legislation in line
Excellent knowledge of road
with the EU approach traffic management system
and the Requirements standards and best practices
of Directive
89/391/EEC Experience in transport
infrastructure management of
Training activities which minimum 5 years in
road traffic safety
management
Excellent command of
written and spoken English
STE 5 – Enforcement Assist in the University degree 42 man-days
expert preparation of the legal Excellent knowledge of
drafts envisaged by this planning of enforcement
twinning project
activities
Training activities
Et least 7 years of experience
in enforcing road safety
legislation
STE 6 – Accident Review existing Experience in road safety or 35 man-days
database expert accident database and traffic policing of which
report form and assist minimum 5 years within the
to suggest field of accident reporting
improvements forms
Training activities Ability to develop guidance
tools (procedures, manuals,
etc.)
Excellent command of
written and spoken English
STE 7 – Accident Development of rules Experience in road safety or 40 man-days
investigation expert and procedures for traffic policing of which
technical investigation minimum 5 years within the
of accidents field of accident reporting
forms
Training activities
Ability to develop guidance
tools (procedures, manuals,
etc)
Excellent command of
written and spoken English
19Total: 287 days
The STEs will have the following profile:
• At least University degree education (where university degree has been awarded on
completion of three/ four years study in an internationally recognised university or equivalent
institution) in law, public administration, transport economics or equivalent field, or at least 7
years of general professional experience referred to below;
• Minimum 5 years of professional experience in the field of road transport safety or in
harmonisation of external legislation with EU transport acquis in road safety;
• Experience in training and mentoring in the field of road safety;
• Preferably a comparative knowledge of other Member States and candidate countries’
systems of road transport safety;
• Strong written, verbal and inter-personal communication skills in English;
• Knowledge of the Ukrainian and/or Russian languages would be an advantage.
STEs will provide specialized know-how for the individual tasks in this project. As a general
approach, the STEs will take the responsibility for the implementation of the project and the
achievement of the results, each for his/her individual mission tasks. They will also prepare the
required reports and the output described.
The MS should consider their possibilities to mobilise short-term experts from different EU Member
States with relevant experience.
3.5.4. Reporting and monitoring
The Delegation of the European Union to Ukraine will manage the procurement, tendering, quality
control, reporting and coordination with other donors, the financial and technical cooperation related
to the actions described in this project fiche, taking remedial actions if and when needed.
PL primary responsibility shall be to ensure that the project produces the required outputs, to the
required standards of quality and within the specified constraints of time and cost. PL and other
project staff will also address cross-cutting issues. A detailed description of the works and duties of
RTAs and other experts will be elaborated in the twinning contract (work programme), in line with
this twinning project fiche. Following the inception report, the relevant reports will be issued by the
MS Project Leader and BC Project Leader on the quarter basis.
The Delegation of the European Union to Ukraine together with the Twinning Programme
Administration Office (PAO) will control the quality of all twinning documentation, check that the
good financial management of the twinning project is in compliance with EC rules, receive and
examine all twinning project reports, support all twinning stakeholders, including beneficiary
administration and Member States.
Project’s Steering Committee (PSC) will be responsible for the overall direction of the project and
comprise of the representatives from the Beneficiary Administration, MS Administration, EU
Delegation and PAO. At quarterly intervals the Project Leaders, the PSC will assess the project
progress, verify the achievements of the outputs and mandatory results and define any actions
required.
The official language of the project will be English. All formal communication regarding the project,
including all reports will be produced in English and Ukrainian.
204. INSTITUTIONAL FRAMEWORK
The main beneficiary institution for this twinning project is the Ministry of Infrastructure of Ukraine
(organisation chart is attached), and namely its Transport Safety Department.
Other stakeholder (project partner) shall be the State Inspection of Ukraine on Land Transport
Security. Both Ministry of Infrastructure as primary beneficiary as well as the State Inspection of
Ukraine on Land Transport Security should accept the binding conditions of the twinning agreement
with the EU.
The results of the twinning project shall lead to a strengthening of the institutional and legal
frameworks.
5. BUDGET
Indicative budget is € 1,550,000.
6. IMPLEMENTATION ARRANGEMENTS
A Project Steering Committee (PSC) will be established for the control and supervision of
production of the mandatory results and implementation of the activities. The Steering Committee
will meet at regular intervals and will submit by the end of each meeting (as recorded in the minutes
of meeting) an acceptance/ non acceptance of the Project reports. Official minutes of the PSC
meetings will be kept in English and Ukrainian and distributed to all parties within 15 days after the
PSC meeting. The Steering Committee should be held every three months. The first Project report
should be issued at month 4 and the following ones should follow at the same months as Steering
Committee meetings. Project closure by the Delegation should be foreseen for the 24th month, after
the approval of the Project’s Final Report.
The project will require considerable coordination efforts among various stakeholders in the
beneficiary country. There might be a need to discuss/ agree some issues with the Ministry of
Internal Affairs (Road Traffic Police) in the course of the project implementation. The coordination
among the public institutions in the beneficiary country will be under the responsibility of the
beneficiary institution, namely Department for Safety, Department of Safety and Security on
transport, Ministry of Infrastructure of Ukraine.
6.1 Implementing Agency
The Implementing Agency responsible for tendering, contracting and accounting is the European
Commission represented by the Delegation of the European Union to Ukraine. The person in charge
of this project at the Delegation of the European Union to Ukraine is:
Svitlana Didkivska
Project Manager
Delegation of the European Union to Ukraine
10 Kruhlouniversytetska Street, Kyiv, 01024, Ukraine
Tel.:+380 (44) 390 80 10
Fax: +380 (44) 253 45 47
E-mail Svitlana.DIDKIVSKA@ec.europa.eu
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