EU requirements for responsibility for the technical condition and maintenance of rolling stock in railway transport systems in the process of market liberalization: EU requirements and features of implementation in Ukraine

Abstract

The article provides a comprehensive analysis of the requirements of the regulatory legal acts of the European Union for the safety of transport, in particular in the field of railway transport systems. The main legislative acts and directives regulating the provision of railway safety in the EU countries are studied, in particular those relating to technical compatibility, transport safety and risk management in the process of functioning of railway networks. Particular attention is paid to the EU Directive 2016/799 "On railway safety", as well as the EU Directive 2016/797 "On the interoperability of the railway system in the European Union", which are the main documents forming the legal and technical basis for the integration of EU transport systems. The article outlines the need to harmonize Ukrainian legislation with EU norms in the context of traffic safety, in particular regarding responsibility for the technical condition of rolling stock, requirements for its maintenance and admission to operation. The process of harmonization of national legislation within the framework of the Association Agreement between Ukraine and the EU is analyzed, which provides not only for the integration of standards in the field of safety, but also for the development of effective public administration mechanisms, which will contribute to the implementation of European approaches to railway transport management. The importance of introducing European certification of organizations responsible for the technical maintenance of rolling stock (the so-called ECM - Entity in Charge of Maintenance) is separately considered, as well as the need to develop a system of training and certification of locomotive drivers and technical workers who maintain the railway transport infrastructure. In addition, the features of the implementation of European requirements in the context of liberalization of the railway transport market in Ukraine are studied. The liberalization process involves opening the market to new operators, which in turn sets before Ukraine the task of not only modernizing the technical infrastructure, but also creating such legal and organizational conditions that will ensure the proper level of safety with a greater level of competition. Specific approaches to the phased implementation of EU requirements are proposed in the current state of development of the railway transport system of Ukraine, taking into account the opportunities and challenges facing the country at the integration stage.