Article 1 # 3'2025

© Mykyta Lagunin, Head of the State Service of Ukraine for Transport Safety, e-mail: n.lagunin@gmail.com;
© Alla Novikova, Doctor of Economics (D.Sc.), Head of the Research Center of Complex Transport Problems, e-mail: anovikova@insat.org.ua, ORCID: 0000-0002-7165-8673;
© Roman Symonenko, Doctor of Technics (D.Sc.), e-mail: rsymonenko@insat.org.ua, ORCID: 0000-0002-4269-5707
(SE “State Road Transport Research Institute”)

INSTITUTIONAL CHANGES IN THE IMPLEMENTATION EU LEGISLATION ON ACCESS TO THE ROAD TRANSPORT MARKET ON THE EXAMPLE OF THE POLAND EXPERIENCE DOI: 10.33868/0365-8392-2025-3-284-2-8

Abstract. The article describes the Republic Poland experience of regulation access to the road transport market in accordance with 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. It is described how Poland have been implemented the requirements for the good repute, the financial standing and the professional competence. The functions of Polish central and local executive bodies regulating domestic and international road transport are defined and the procedures for the loss of an good repute are described. A comparative analysis of the legal regulation of the road transport market in Poland and Ukraine is presented. Discussion questions and proposals regarding the implementation EU legislation concerning road transport market in Ukraine are provided.

Keywords: European Union, Poland, Ukraine, road transport, regulation, market access, good repute, financial standing, carrier, transport manager, certificate of professional competence, electronic register, General Inspectorate, voivodships, counties.

References

1. Verkhovna Rada of Ukraine. (2025). Law of Ukraine “On Amendments to the Law of Ukraine “On Road Transport” regarding the improvement regulation market for passenger and cargo сarriage by road” №4337

2. EC. (2009). Regulation 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.

3. EC. (2009). Regulation No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market.

4. EC. (2009). Regulation No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006.

5. EU. (2020). Regulation 2020/1054 of the European Parliament and of the Council of 15 July 2020 amending Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by means of tachographs.

6. EU. (2020). Regulation 2020/1055 of the European Parliament and of the Council of 15 July 2020 amending Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1024/2012 with a view to adapting them to developments in the road transport sector.

7. EU. (2020). Regulation 2020/1056 of the European Parliament and of the Council of 15 July 2020 on electronic freight transport information

8. EU. (2020). Directive 2020/1057 of the European Parliament and of the Council of 15 July 2020 laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012

9. EU. (2022). Commission Implementing Regulation 2022/695 of 2 May 2022 laying down rules for the application of Directive 2006/22/EC of the European Parliament and of the Council as regards the common formula for calculating the risk rating of transport undertakings.

10. EU. (2016). Commission Regulation 2016/403 of 18 March 2016 supplementing Regulation (EC) No 1071/2009 of the European Parliament and of the Council with regard to the classification of serious infringements of the Union rules, which may lead to the loss of good repute by the road transport operator, and amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council.

11. EU. (2016). Commission Implementing Regulation 2016/480 of 1 April 2016 establishing common rules concerning the interconnection of national electronic registers on road transport undertakings and repealing Regulation (EU) No 1213/2010.

12. Novikova, Alla, Degtyar, Zoya. (2023). Rules for Access to the Road Carriage Market in European Union// Magazine «Automobilist of Ukraine», 3.

13. Verkhovna Rada of Ukraine. (2015). Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine in the Field of Road Transport in Order to Bring Them into Line with the Acts of the European Union” 24.12.2015 No. 3713