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OLFR - Issuing the license for performing only railway shunting services*
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Companii
National
Details
In accordance with the provisions of Law no. 202/2016 regarding the integration of the Romanian railway system into the single European railway area and of Government Decision no. 361/2018 approving the procedures for granting licenses in the field of railway transport, in order to carry out shunting services in the public and/or private interest on the Romanian railways, economic operators from Romania must request from the Romanian Rail Licensing Body - OLFR the issuance of a license for the provision of only railway shunting services.
To provide only shunting services in the public and/or private interest on the Romanian railways, the economic operator must prove that the activity provided for under code 5221 of CAEN rev.2, namely ancillary services for land transport, is listed in the incorporation document.
The license for carrying out only shunting services in the public and/or private interest on the Romanian railways can be obtained by economic operators who prove, prior to starting the activity, that they cumulatively meet the requirements regarding:
• honorability;
• financial capacity;
• professional competence;
• coverage of civil liability risks.
The economic operator requesting the issuance of a license for carrying out only shunting services in the public and/or private interest on the Romanian railways must comply with all the requirements provided in art. 5 para. (1) of Annex 1 to Government Decision no. 361/2018.
The economic operator requesting the issuance of a license for carrying out only shunting services in the public and/or private interest on the Romanian railways 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 providing only shunting services in the public and/or private interest on the Romanian railways, it is necessary to submit to OLFR an application accompanied by documents demonstrating compliance with mandatory requirements.
All documents included in the license granting file must be presented in Romanian. If certain documents are issued in a foreign language, they must be submitted in the file as copies accompanied by a translation carried out by an authorized translator.
The documents included in the license granting file may be submitted electronically, in “*.pdf” format. In this case, the application for obtaining the license, as well as all documents prepared by the applicant, shall be submitted with a qualified electronic signature.
Within 15 working days from receiving all documents from the license applicant, OLFR will carry 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 shall notify the applicant of the motivated decision of non-granting of the license.
Entitled persons
Regulated professions
Required documents
Denumire
Descriere
Obligatoriu
Semnătură digitală
Tip document
Descarcă
-
Request*
Descarcă
the license application according to the standard template*
certificate of registration at ONRC*
Descarcă
copy of the certificate of registration as a Romanian legal entity at the ONRC*
Certificate of findings ONRC*
Descarcă
copy of valid certificate of status, issued by ONRC containing information about the object of activity (CAEN code 5221), company identification data, declared period of operation, share capital, associates/shareholders, administrators/authorized persons, auditors, subunits/other secondary offices, authorized activities, insolvency/bankruptcy*
articles of incorporation of the company*
Descarcă
copy of the company's Articles of Incorporation with proof of registration at the ONRC*
criminal record certificate and fiscal record certificate*
Descarcă
criminal record certificate and fiscal record certificate for the company and for the person responsible for managing the company (for details see LICENSE acquisition GUIDE)*
declaration*
Descarcă
declaration, by legal representative, regarding the fact that the economic operator has not been sanctioned for serious or repeated breaches 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 towards the state's consolidated general budget*
annual financial statements*
Descarcă
copy of the annual financial statements for the previous financial year, accompanied by the administrators’ report, the audit report or the censors’ 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, clearly highlighting the sections specific to the railway shunting sector; the economic operator may also submit a financial audit report showing that it will be able to meet its current and potential obligations, established on the basis of realistic assumptions, over a period of 12 months*
organizational chart*
Descarcă
the company’s organizational chart showing that it has a functional organizational structure necessary for performing only railway shunting services*
quality management system implementation document*
Descarcă
document regarding the status of implementation of the quality management system, issued by an accredited body for the railway shunting sector;*
list of certified ASFR supervisors*
Descarcă
the list of certified, designated responsible persons with duties in organizing and conducting shunting operations, respectively safety management, which will mention, for each person, professional training, experience in the railway field, the document based on which proof is provided that they carry out activities for the company*
certificates issued by ASFR*
Descarcă
copies of certificates issued by ASFR to the persons designated as responsible for organizing and managing railway shunting operations, as well as for safety management*
statement*
Descarcă
statement on own responsibility of the person responsible for managing the company, showing that they have a safety adviser for the transport of dangerous goods, if applicable*
certificate for dangerous goods safety adviser*
Descarcă
copy of the safety advisor certificate for the transport of dangerous goods by rail, if applicable*
commitment statement for motor rolling stock*
Descarcă
declaration-commitment on one’s own responsibility of the person responsible for managing the company stating that they will provide and use railway traction vehicles for performing railway shunting operations, with the technical characteristics and equipment required by the specific regulations in force and by the prescriptions for railway traffic safety, transport security and the quality of shunting services – owned, rented, leased or similar*
declaration*
Descarcă
statement by which the economic operator undertakes: to comply with the technical, technological, organizational prescriptions, and execution of railway shunting operations, established for access and shunting on the railway infrastructure under safe traffic and transport security conditions, as well as the requirements applicable to all railway shunting operators, intended to provide advantages or protection to consumers; to use critical railway services provided only by entities authorized in accordance with the legal provisions in force; to hold contracts concluded with third legal entities that certify compliance with the requirements imposed for obtaining the license; to ensure the training and development of personnel with responsibilities in traffic safety, in accordance with the legal provisions in force*
insurance contract or guarantees for covering civil liability*
Descarcă
copy of the insurance contract concluded, in accordance with the law, with insurance companies authorized to operate for covering its civil liability in case of railway accidents/incidents occurring during the provision of railway shunting services it performs*
statement of commitment*
Descarcă
declaration-commitment of the person responsible for the administration of the company by which they undertake, during the validity period of the license, to notify OLFR of any change in the data from the documents that constituted the basis for granting/re-examining/modifying the license, as well as the date of starting/interruption/resumption of the railway shunting activity*
proof of payment of the fee for the evaluation of documentation for granting the license*
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 a right of theirs 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 litigation court, in accordance with the provisions of Law no. 544/2004 on administrative litigation, as subsequently amended and supplemented.
*Additional information
More info:
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Assistance and problem-solving services
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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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