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OLFR - Issuing of the railway transport license*
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In accordance with the provisions of Law no. 202/2016 regarding the integration of the railway system of Romania into the European Single Railway Area and Government Decision no. 361/2018 regarding the approval of procedures for granting licenses in the railway transport sector, in order to carry out freight and/or passenger railway transport services in the public and/or private interest, as well as railway transport services consisting only in train traction, economic operators from Romania must request from the Romanian Railway Licensing Body - OLFR the issuance of a railway transport license. To carry out passenger or goods rail transport services, the economic operator must prove that, in the constitutive act, the main activity falls under one of the classes:
- intercity passenger transport by rail, according to CAEN rev. 2 – code 4910;
- freight transport by rail, according to CAEN rev. 2 – code 4920.
In the case that a license is requested for both passenger and freight railway transport services, both types of activities, namely code 4910 and code 4920, shall be found in the constitutive act, the activity expected to have the largest share being entered as the main activity.
In order to also perform railway shunting operations, the economic operator must also have listed in the object of activity the ancillary services for land transport, according to CAEN rev. 2 – code 5221.
The rail transport license can be obtained by economic operators who prove, before starting the activity, that they cumulatively meet the requirements regarding:
a) good repute;
b) financial capacity;
c) professional competence;
d) coverage of civil liability risks.
The economic operator requesting the issuance of a railway transport license must comply with the requirements provided in chap. III of Law no. 202/2016 and provide OLFR with the information and documents to prove the fulfillment of the requirements for good repute, financial capacity, professional competence, and coverage of civil liability risks.
The minimum level of civil liability coverage on the territory of Romania for passenger railway transport is 500,000 euros/period and event, with sublimits: 190,000 euros/passenger and 100 euros/passenger for luggage, for ensuring the liability to insured passengers combined with third party liability insurance.
The minimum levels of civil liability coverage on the territory of Romania for freight railway transport, with or without transport of dangerous goods, are:
- 100,000 euros/period and event for insurance of liability for the transported goods
- 500,000 euros/period and event for insurance of liability towards third parties.
- 100,000 euros/period and event for insurance of liability for the transported goods
- 500,000 euros/period and event for insurance of liability towards third parties.
In case dangerous goods are also transported, the sublimits for pollution must represent 10% of the liability limit per event.
To obtain a railway transport license for the purpose of conducting rail transport services, in the public and/or private interest, where traction is compulsorily provided by the company, it is necessary to submit to OLFR an application, accompanied by documents attesting to compliance with the mandatory requirements.
All documents included in the railway transport license granting file must be presented in Romanian. If some documents are issued in a foreign language, they must be submitted in copy accompanied by a translation done by an authorized translator.
The documents included in the license granting file can be sent electronically, in “*.pdf” format. In this case, the application for obtaining the license, as well as all documents prepared by the applicant, must be sent with a qualified electronic signature.
Within 15 working days from receipt of all documents from the license applicant, OLFR conducts 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 application for the license, OLFR will notify the applicant of the reasoned decision to deny the license.
*
Entitled persons
Regulated professions
Required documents
Denumire
Descriere
Obligatoriu
Semnătură digitală
Tip document
Descarcă
-
Request*
Descarcă
the request for obtaining the license according to the standard template*
registration certificate at ONRC*
Descarcă
copy of registration certificate as a Romanian legal entity at the ONRC*
certificate of findings ONRC*
Descarcă
copy of a valid certificate of incorporation, issued by ONRC containing information about the object of activity (NACE code 4910, 4920, 5221), company identification data, declared duration of activity, share capital, associates/shareholders, administrators/authorized persons, auditors, auditors, branches/other secondary offices, authorized activities, insolvency/bankruptcy*
articles of association of the company*
Descarcă
copy of the company's articles of incorporation with proof of registration at the ONRC*
certificate of criminal record and fiscal record*
Descarcă
criminal record certificates and tax record certificates for the company and for the person responsible for managing the company (for details see the LICENSE acquisition GUIDE)*
declaration*
Descarcă
declaration, by legal representative, regarding the fact that the economic operator has not been sanctioned for serious or repeated violations concerning the fulfillment of obligations imposed by social legislation and/or labor legislation, including obligations imposed by occupational safety and health insurance legislation*
certificate of fiscal attestation*
Descarcă
certificate of fiscal attestation issued by ANAF showing the company's debt situation to the consolidated general state budget*
annual financial statements*
Descarcă
copy of annual financial statements, related to the previous financial year, accompanied by the administrators' report, the audit report or the auditors' committee report, as applicable*
financial plan / BVC / financial audit report*
Descarcă
copy of the financial plan or BVC for the year in which the license is requested and for the following 12 months, drawn up separately for the railway transport activity and containing information regarding the available financial resources, including the bank balance, overdraft and loan provisions, funds and assets, working capital, relevant costs, including costs for the acquisition of vehicles, land, buildings, installations and rolling stock, charges established on the company's assets, taxes and social insurance contributions, as well as the level of arrears; the applicant may also submit a financial audit report showing that the economic operator will be able to meet its current and potential obligations, established based on realistic assumptions, over a period of 12 months*
organizational chart*
Descarcă
the company’s organizational chart showing that it has a functional organizational structure and personnel who possess the knowledge or experience necessary to exercise operational control and to safely and effectively monitor the type of requested rail transport service*
quality management system implementation document*
Descarcă
document regarding the implementation status of the quality management system, issued by a body accredited for the field for which the license is requested*
list of certified ASFR managers*
Descarcă
the list of certified supervisors, appointed with duties in organizing and managing transport activities, respectively safety management, in which, for each person, the number and date of the document proving employment with the company shall be specified, as well as the number and date of issuance of the certificate*
certificates issued by ASFR*
Descarcă
copies of certificates issued by ASFR to the designated officials responsible for organizing and managing transport activities, traffic safety, and safety management*
declaration*
Descarcă
declaration on own responsibility by the person responsible for managing the company stating that the economic operator has a safety advisor for the transport of dangerous goods, if applicable*
dangerous goods safety adviser certificate*
Descarcă
copy of the safety advisor certificate for the transport of dangerous goods by rail, if applicable*
commitment declaration for motor rolling stock*
Descarcă
declaration-commitment on own responsibility of the person responsible for the administration of the company stating that, during the validity period of the license, the economic operator will provide and use railway vehicles for train traction or railcars, with the technical characteristics and equipment required by the specific regulations in force and by the provisions regarding railway traffic safety, transport security, and quality of railway transport services*
commitment statement for towed rolling stock*
Descarcă
statement-commitment on own responsibility of the person responsible for managing the company, from which it must result that, during the validity period of the license, the economic operator will have and will use hauled railway vehicles for performing the type of requested railway transport service for goods and/or passengers, with the technical characteristics and equipment required by the specific regulations in force and by the prescriptions regarding railway traffic safety, transport security, and the quality of public railway transport services*
insurance contract or guarantees for covering civil liability*
Descarcă
a copy of the insurance contract concluded, in accordance with the law, with insurance companies holding an operating license or proof that the economic operator has adequate guarantees, according to market conditions, to cover, in accordance with national and international legislation, its civil liability in case of railway accidents/incidents, especially regarding passengers, luggage, goods, mail, and third parties, including the railway infrastructure, during the provision of the railway transport services to be performed*
statement of commitment*
Descarcă
statement-commitment of the person responsible for the management of the company by which they undertake, during the validity period of the railway transport license, to notify OLFR about any modification of the data in the documents that were the basis for granting/reviewing/modifying the license, as well as the date of commencement/interruption/resumption of the activity*
proof of payment of the fee related to the licensing activity*
Descarcă
copy of payment order, transaction proof, account statement etc.*
Fees
Title
Payment method
Value
Currency
None
Deadlines
Resolution time:
30
Calendar days
Case filling duration:
10
Calendar days
Notification deadline:
3
Calendar days
Legislation
Appeal routes
The person who considers themselves harmed in one of their rights or in a legitimate interest by a public authority, through an administrative act or by the 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 litigation, with subsequent amendments and additions.
*Additional information
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Last updated:
07 April 2021
Publicat de către:
A paragraph is a self-contained unit of a discourse in writing dealing with
a particular point or idea. Paragraphs are usually an expected part of
formal writing, used to organize longer prose.
Institution responsible with document:
Publicat de către:
A paragraph is a self-contained unit of a discourse in writing dealing with
a particular point or idea. Paragraphs are usually an expected part of
formal writing, used to organize longer prose.
Romanian Railway Authority Afer*
*Content marked with an asterisk (*) has been automatically translated and may not fully reflect the original meaning. For objective interpretation, please consult the Romanian version.
Str. Calea Grivitei, nr. 393, Sector 1, RO
Telefon:
0213077900
Fax:
0213164258
Email:
afer.secretariat@afer.ro
Table of contents
Competent entities
Serviciul Licente Operatori de Transport Feroviar
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