Pursuant to Article 95 Item 3 of the Constitution of Montenegro, I Hereby Issue The
Pursuant to Article 95 item 3 of the Constitution of Montenegro, I hereby issue the
Decree Promulgating the Law on Combined Transport of Goods
I hereby promulgate the Law on Combined Transport of Goods passed by the 25th Parliament of Montenegro at the second sitting of the first ordinary (spring) session in 2014 on 19 June 2014.
No. 01-703/2
Podgorica, 23 June 2014
The President of Montenegro
Filip Vujanović, duly signed
Law on Combined Transport of Goods
The Law was published in the “Official Gazette of Montenegro”, no. 27/2014 of 30 June 2014, and entered into force on 8 July 2014.
Subject matter
Article 1
Combined transport of goods shall be carried out under conditions and in the manner established in this Law.
Use of Gender-Sensitive Language
Article 2
All terms used in this Law with reference to natural persons in masculine gender shall imply the same terms in feminine gender.
Definition of combined transport of goods
Article 3
Combined transport of goods means intermodal transport of goods in which the major part of the transport is performed by railway and/or maritime services and/or inland waterways, and the initial and/or final leg of the journey is performed by road, provided that:
-the section on which the goods are transported by railway and/or maritime services and/or inland waterways, exceeds 100 km as the crow flies;
-the initial and/or final transport to or from the seaport or inland waterway port of loading or unloading station is within the radius of 100 km as the crow flies from such seaport or inland waterway port, or
-the initial and/or final transport to or from therailway terminal or railway transhipment gauge for combined transport is within the radius of km as the crow flies to such railway terminal or railway transhipment gauge.
Intermodal freight transport
Article 4
Intermodal transport means the transport of goods in the same intermodal transport unit using two or more modes of transportation without any handling of the freight itself when changing modes.
Definitions
Article 5
The following terms used in this Law shall have the following meaning:
1)CMR consignment note is a contract on freight carriage concluded between the freight consignor, carrier in road transport and receiver of such freight that governs the conditions of transport in international road transport;
2)Intermodal transport unit means a container with a length of 20 feet or more (6.069 m), swap body, a trailer, a semi-trailer with or without tractor vehicle, a freight vehicle and a wagon intended for combined transport of goods.
3)Swap body means a unit for freight transport optimised to road vehicle dimensions and fitted with handling devices for transfer between modes (road and/or railway).
4)Cabotage means transport of freight between specific points on the territory of Montenegro, by a carrier who is not registered in Montenegro.
5)K-504k consignment note CIM for combined transport means a commission contract on carriage concluded between a company for combined transport of goods and transport user, and a contract ofinternational carriage of goods by rail(CIM) concluded between a carrier and a company for combined transport of goods.
6)Container means a transport handling unit made of strong material, specially designed to facilitate the carriage of goods by one or more modes of transport without the transhipment of goods suitable for repeated use.
7)Semi-trailer means traction vehicle with no front axle designed in such way so that its front part is supported by a towing vehicle (haulier).
8)Initial and final transportmeans the transport of intermodal transport units in road traffic from the point of loading and unloading to the nearest terminal or transhipment gauge for combined transport, according to distances established in this Law;
9)Transhipment gauge means a railway gauge equipped with mobile transhipment devices, with minimum infrastructure conditions for transhipment and storage for smaller quantities of intermodal transport units, with access to arrival and departure of intermodal transport units by road.
10)Trailer means a traction vehicle or a vehicle towed by a motor vehicle, designed so as to transfer all of its load weight through its axles onto the pavement.
11)Freight vehicle means a motor vehicle designed and used for the carriage of freight, including a combination of motor vehicle with trailer or towing vehicle with semi-trailer.
12)Shipping document for combined transport of goods means a document, i.e. a contract for combined transport in accordance with the Law.
13)Terminal for combined transport of goods means a point on railway network, sea ports or inland waterways ports, equipped with appropriate devices where intermodal transport units transfer the mode of transport.
14)Towing vehicle meansa motor vehicle specially designed to tow semi-trailers.
15)Contract notemeans a document, i.e. contract on carriage, which includes data about contractual parties, type and quantity of freight, loading and final port, etc.
Terminals and transhipment gauges for combined transport of goods
Article 6
Combined transport of goods may be performed through terminals and transhipment gauges for combined transport of goods that meet technical requirements and are equipped with devices for transhipment and disposal of goods.
More detailed requirements referred to in paragraph 1 of this Article shall be prescribed by the state administration authority in charge of transport operations (hereinafter referred to as the Ministry).
Terminals and transhipment gauges for combined transport of goods shall be established by the Government of Montenegro.
Initial and final transport of goods
Article 7
Initial and final transport of goods (including the crossing of border) may be performed by carriers having a seat in Montenegro and carriers having seat in the EU member states who hold relevant licence for the transport of goods, as well as carriers from third countries in accordance with international agreements.
Initial and final transport of goods (excluding the crossing of border) may be performed by carriers having a seat in Montenegro and carriers having seat in the EU member states who hold relevant licence for the transport of goods and have the cabotage rights on the basis of reciprocity.
Incentives for combined transport of goods
Article 8
Incentives in combined transport of goods shall mean the exemptions from:
-Annual fee for the use of public roads that is paid during the registration procedure for motor and trailer vehicles;
-Permit for the transport of goods;
-Traffic limitations on roads.
Exemption from annual fee for the use of public roads paid in the registration procedure for motor and trailer vehicles
Article 9
Owners or users of motor and trailer vehicles registered in Montenegro who, on annual basis, i.e. for the period of validity of their annual registration, perform using one vehicle at least 50 initial or final transport operations to or from the railway terminal or transhipment gauge for combined transport, shall be exempt from the payment of annual fee for the use of public roads which is paid in the registration procedure for motor and trailer vehicles in accordance with special regulation.
The manner of exercising the right to exemption from the payment of fee referred to in paragraph 1 of this Article shall be defined by the Ministry.
The fulfilment of condition referred to in paragraph 1 of this Article shall be established by the Ministry on the basis of submitted documentation referred to in Article 12 of this Law.
Exemption from permit for the transport of goods
Article 10
The initial and final transport referred to in Article 7 of this Law shall be exempted from permits for the transport of goods which are established in international bilateral and multilateral agreements.
Exemption from traffic limitations on roads
Article 11
The initial and final transport shall not be subject to traffic limitations on roads which are established in special regulation.
Transport documents in combined transport of goods
Article 12
The following documentation shall be kept in the freight vehicle during initial and final transport:
-a copy of CMR consignment note, which accompanies the freight during the entire intermodal transport when, during part of its journey, the freight vehicle is carried by rail, sea services or inland waterways, as well as data about loading and destination terminal for intermodal transport or transhipment gauge;
-a copy of K-504k, consignment note CIM for combined transport, in intermodal transport that includes carriage by rail;
-a copy of shipping document for combined transport of goods in intermodal transport including maritime transport, which, in addition to details about loading and destination port also includes details about final transport;
-a copy of contract note, in the intermodal transport including maritime transport, which in addition to details about loading and destination port also includes details about initial transport;
-copies of other transport documents that accompany the freight during its entire journey, and in addition to details about the loading and destination terminal for combined transport or transhipment gauge, also includes details about initial and final transport, certified by stamp of terminal or transhipment gauge for combined transport.
The right to exemption referred to in Articles 10 and 11 of this Law shall be exercised on the basis of documentation referred to in paragraph 1 of this Article.
Reporting about combined transport of goods
Article 13
A report about combined transport of goods shall be prepared by the Ministry and every other year submitted to the European Commission.
The report referred to in paragraph 1 shall include information about:
-mode of transport used in combined transport;
-number of freight vehicles, swap bodies and containers, carried in different modes of transport;
-carried freight in tonnes;
-performed services in tonnes – kilometres;
-measures for improvement of combined transport.
Legal entities who perform the carriage of freight in rail and maritime transport shall submit the information referred to in paragraph 2 of this Article to the Ministry every six months.
The report referred to in paragraph 1 of this Article shall be performed on the basis of information submitted by legal entities referred to in paragraph 3 of this Article.
Adoption of secondary legislation
Article 14
Regulation referred to in Article 6 paragraph 2 of this Law shall be adopted within six months from the date of entry into force of this Law.
Regulation referred to in Article 9 paragraph 2 of this Law shall be adopted within one year from the date of entry into force of this Law.
Deadline for determination of terminals and transhipment gauges
Article 15
Terminals and transhipment gauges for combined transport of goods shall be determined within one year from the date of entry into force of this Law.
The commencement of implementation
Article 16
Provisions of Articles 9, 10, 11 and 13 of this Law shall be implemented from the date of accession of Montenegro to the European Union.
Entry into force
Article 17
This Law shall enter into force on the eighth day from the date of its publication in the “Official Gazette of Montenegro”.
Number: 14-3/13-1/9
EPA 329 XXV
Podgorica, 19 June 2014
25th Parliament of Montenegro
President
Ranko Krivokapić, duly signed