LAW ON TRANSFORMATION OF
THE PUBLIC ENTERPRISE “ MACEDONIAN RAILWAYS “ – UnLtd.
SKOPJE
Article 1
This Law shall regulate the transformation of the Public Enterprise “ Macedonian Railways” – UnLtd. Skopje ( hereinafter referred to: PE “Macedonian Railways”).
Article 2
Transformation, within the meaning of this Law, shall mean restructuring and privatization of a part of the PE “ Macedonian Railways”-Skopje in a manner and under conditions stipulated by this Law.
Article 3
The transformation of the PE “ Macedonian Railways “-Skopje shall be carried out in accordance with a decision of the Government of the Republic of Macedonia on separation of the existing PE “ Macedonian Railways “ into two new legal entities:
- Public Enterprise for Railway Infrastructure "Macedonian Railways"-Skopje, and
- Joint Stock Company for Transport "Macedonian Railways Transport Joint Stock Company"-Skopje.
Article 4
During the procedure of transformation of the PE “Macedonian Railways, the capital, assets, employees, rights and obligations of the PE “Macedonian Railways” shall be distributed in accordance with a distribution plan such as:
a)The capital, assets, employees, rights and obligations related to management, construction, reconstruction, overhaul, maintenance, railway infrastructure protection, organization and regulation of the rail traffic and management with the systems on safety regulation, shall be transferred to the Public Enterprise for Railway Infrastructure, and
b)The capital, assets, employees, rights and obligations related to transport operations shall be transferred to the Joint Stock Company for Transport "Macedonian Railways Transport Joint Stock Company"-Skopje .
Article 5
The transformation of the PE “Macedonian Railways “ shall not be to the detriment of the third parties claims to the PE “Macedonian Railways” on any legal ground.
Article 6
The privatization of the Joint Stock Company "Macedonian Railways Transport Joint Stock Company"-Skopje may be carried by sale of a portion or all stocks in one ore more transactions to a investor by:
- Bidding procedure including pre-qualification, in a manner and procedure prescribed by the Government of the Republic of Macedonia and / or
-in other manner determined by law.
Investor, within the meaning of paragraph 1 herein, shall mean:
a)any domestic or foreign legal entity which fulfill condition from the Law on Macedonian Railways, and
b)international grouping composed of at least two railway enterprises founded in two states for purposes of rendering international railway services.
Article 7
During the process of transformation, the Government of the Republic of Macedonia shall take a decision for separation of the non-core activities units from the PE “Macedonian Railways"
Separated units shall be privatized by appropriate implementation of the Law on Transformation of Enterprises with public capital.
Article 8
During the process of transformation, the Government of the Republic of Macedonia shall take a decision on regulation of the issue regarding permanent settling of the PE “Macedonian Railways “ debts, whose repayment shall be guaranteed by the Republic of Macedonia
Article 9
During the process of transformation, the Government of the Republic of Macedonia , by decision, shall regulate, the issue of award exclusivity right for performing transportation, in order to increase the attractiveness of the entities offered for sale.
Article 10
Until the beginning of this Law implementation, the foundation deposit of the existing Limited Liabilities Companies, shall be assumed by the Government of the Republic of Macedonia as State capital, and shall privatize them, according the Law on Sale of State Capital.
Article 11
Permanent deposits and shares of the PE “Macedonian Railways” in other enterprises shall be transferred as a capital of the Public Enterprise for Railway infrastructure if they are not sold to the beginning of this Law implementation.
Article 12
The rights of the PE “Macedonian Railways”, the licenses, approvals and other acts connected to performing the activity after the transformation of the PE “Macedonian Railways “, shall be transferred to the legal entities stated in Article 4 of this Law.
Article 14
This Law shall enter into force on the eight day from the date of its publishing in the “Official Gazette of the Republic of Macedonia “, and shell start to be used in the time period of 30 days from day of entering into force of this Law.