Romanian Railway Authority Afer*
Available procedures
OLFR - Issuance of railway transport license*
- 100,000 euros/per period and event for insuring liability towards the transported goods
- 500,000 euros/per period and event for insuring liability towards third parties.
*
OLFR - Issuing the license for urban subway transport*
To obtain a license for urban metro transport, the economic operator must prove that the main activity in the constitutive act is urban, suburban, and metropolitan passenger transport, according to CAEN rev. 2 - code 4931.
The license for urban metro transport can be obtained by economic operators who prove, before starting the activity, that they cumulatively meet the requirements regarding:
- honorability;
- financial capacity;
- professional competence;
- coverage of civil liability risks.
The economic operator applying for the issuance of a license for urban metro transport must comply with the requirements provided in Annex 3 to Government Decision no. 361/2018 and provide OLFR with the information and documents proving the fulfillment of the requirements for honorability, financial capacity, professional competence, and coverage of civil liability risks.
The minimum level for financial coverage concerning civil liability towards transported passengers, combined with financial coverage for civil liability towards third parties, is 250,000 euros/period and event, with a sublimit of 50,000 euros/passenger.
For obtaining the license for urban metro transport, it is necessary to submit to OLFR an application accompanied by documents proving compliance with the mandatory requirements.
All documents included in the licensing dossier must be presented in the Romanian language. If some documents are issued in a foreign language, they must be submitted in the dossier as a copy accompanied by a translation made by an authorized translator.
The documents included in the licensing dossier may be transmitted electronically, in “*.pdf” format. In this case, the application for obtaining the license and all documents prepared by the applicant will be sent with a qualified electronic signature.
Within 15 working days from receipt of all documents from the license applicant, OLFR will conduct an evaluation visit at the applicant’s headquarters.
If the applicant does not submit the complete documentation within 45 working days from the date of submission of the license application, OLFR will notify them of the motivated decision to refuse the granting of the license.
Handling calls and complaints*
The applicant may contest the decisions of the Certification Committee within the Romanian Railway Safety Authority-ASFR within 30 calendar days.
The appeal will be submitted to the AFER registry and will be settled by the Appeal Committee within the Romanian Railway Safety Authority-ASFR, in accordance with the Rules of Procedure of the Appeal Committee.
The decision of the Appeal Committee is final and irrevocable and will be communicated to the appellant within 30 calendar days from the date of registration.
If the appellant does not agree with the decision of the Appeal Committee, he may act in accordance with the provisions of the legislation in force.
Handling of appeals
The process of handling appeals by the certification body includes the following steps:
- receiving/registering and validating appeals;
- investigating the appeals;
- making decisions;
- initiating and tracking corrections/appropriate corrective actions. The certification body is responsible for decisions at all levels of the appeals handling process. If this decision involves suspension/withdrawal of the certificate, this decision is made public through the website. Withdrawal of the certificate entails removal from the Certificate Registers.
Handling complaints
The following activities may be subject to complaints:
- delays considered to be unjustified in the certification process;
- activities and actions of holders of certificates issued by ASFR, which contravene the rules/procedures for which the certification was granted;
- activities related to another holder of a certificate issued by ASFR. Upon receiving a complaint, the conformity assessment body (ASFR) must confirm whether the complaint refers to certified activities or other activities for which ASFR is responsible. If the complaint concerns a certified client, the examination of the complaint also considers the effectiveness of the certified system. The certification body is subject to confidentiality requirements, insofar as they relate to the complainant and the subject of the complaint. Handling of complaints is a documented process of receipt, evaluation, and decision-making, subject to confidentiality requirements and accessible to the public.
The complaints handling process includes:
- receiving, validating, and investigating the complaint;
- tracking and recording the complaints, including the actions (corrections and corrective actions) taken to resolve them.
OLFR - Granting the license for performing rail shunting services only*
To perform only shunting services in the public and/or private interest on the railways in Romania, the economic operator must prove that the act of incorporation states the activity provided at code 5221 from CAEN rev.2, namely auxiliary services for land transport.
The license for performing only shunting services in the public and/or private interest on the railways in Romania can be obtained by economic operators who prove, before starting the activity, that they cumulatively meet the requirements regarding:
The economic operator requesting the issuance of a license for performing only shunting services in the public and/or private interest on the railways in Romania must comply with all the requirements provided in art. 5 para. (1) of Annex 1 to Government Decision no. 361/2018.
To obtain the license for performing only shunting services in the public and/or private interest on the railways in Romania, it is necessary to submit to OLFR an application, accompanied by documents showing compliance with the mandatory requirements.
All documents included in the license granting file must be presented in Romanian. If some documents are issued in a foreign language, they must be submitted in the file as a copy accompanied by a translation made by an authorized translator.
The documents included in the license granting file may be sent electronically, in “*.pdf” format. In this case, the license application and all documents prepared by the applicant will be sent with a qualified electronic signature.
Within 15 working days from receiving all documents from the license applicant, OLFR carries out an evaluation visit at the applicant’s headquarters.
If the applicant does not submit the complete documentation within 45 working days from the date of submitting the license application, OLFR notifies the applicant with a reasoned decision of refusal to grant the license.
OLFR - Issuance of the license for mediation of railway transport activity*
To obtain the intermediation license for railway transport activities, the economic operator must demonstrate that the activity is included in the Articles of Association under CAEN rev. 2 - code 5229, respectively other ancillary transport activities.
The intermediation license for railway transport activities can be obtained by economic operators who prove, before starting the activity, that they cumulatively meet the requirements regarding:
b) good repute;
c) professional competence;
d) financial capacity,
as provided in art. 7 of Annex no. 2 to Government Decision no. 361/2018.
The license is valid for all the company's work points where this activity is carried out. If the economic operator has several work points where the intermediation of railway transport activities will be carried out, each of them must meet the requirements regarding material base, good repute, professional competence, and financial capacity.
To obtain the intermediation license for railway transport activities, an application must be submitted to OLFR, accompanied by documents showing compliance with the mandatory requirements.
All documents included in the file for granting the intermediation license for railway transport activities must be presented in Romanian. If some documents are issued in a foreign language, they must be submitted together with a translation made by an authorized translator.
The documents included in the file for granting the license may be sent electronically, in “*.pdf” format. In this case, the application for obtaining the license, as well as all documents prepared by the applicant, will be sent with a qualified electronic signature.
Within 10 working days from receiving all documents from the applicant for a license, OLFR carries out an evaluation visit at its headquarters.
A person who considers themselves harmed in a right or a legitimate interest, by a public authority, through an administrative act or by failure to resolve a request within the legal term, may address the administrative court, in accordance with the provisions of Law no. 544/2004 on administrative proceedings, as subsequently amended and supplemented.
Useful links:
a) http://www.afer.ro/olfr/ghiduri/GHID%20LIT.pdf – LICENSE obtaining GUIDE
b) http://www.afer.ro/olfr/ghiduri/LISTA%20DOC%20LIT%20-%20HG%20361-1.pdf – LIST OF DOCUMENTS