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OLFR - Issuance of the railway transport license*

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Procedure
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Companii
National

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 Decision no. 361/2018 regarding the approval of procedures for granting licenses in the domain of railway transport, in order to carry out rail freight and/or passenger transport services for public interest and/or own interest, as well as rail transport services that consist only of train traction, economic operators from Romania must request from the Romanian Railway Licensing Body - OLFR the issuance of a railway transport license. To perform railway passenger or freight transport services, the economic operator must prove that, in the statutory act, the main activity falls under one of the classes:
- interurban passenger railway transport, according to CAEN rev. 2 - code 4910;
- freight railway transport, according to CAEN rev. 2 - code 4920.

In case a license for passenger and freight railway transport services is requested, both types of activities must be listed in the statutory act, respectively code 4910 and code 4920, with the anticipated main activity with the highest share to be entered as the principal activity.

To also perform shunting operations, the economic operator must include in its activity object the activity of auxiliary services for land transport, according to CAEN rev. 2 - code 5221.

The railway transport license can be obtained by economic operators who prove, before starting the activity, that they cumulatively meet the requirements relating to:
a) good repute;
b) financial standing;
c) professional competence;
d) coverage of civil liability risks.

The economic operator requesting the issuance of a railway transport license must respect the requirements provided in Chapter III of Law no. 202/2016 and provide OLFR with the information and documents to prove fulfillment of the requirements of good repute, financial standing, professional competence, and coverage of civil liability risks.

The minimum level of civil liability coverage on the territory of Romania for railway passenger transport is 500,000 euros/period and event, with sublimits: 190,000 euros/passenger and 100 euros/passenger for luggage, for insuring liability towards insured passengers combined with third-party 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 insuring liability for the transported goods
- 500,000 euros/period and event for insuring liability towards third parties.

In the case where dangerous goods are also transported, the sublimits for pollution must represent 10% of the liability limit per event.

To obtain the railway transport license for the purpose of carrying out railway transport services, in the public interest and/or for own interest, in which traction is obligatorily provided by the company, an application must be submitted to OLFR, accompanied by documents showing compliance with mandatory requirements.

All documents that make up the file for granting the railway transport license must be presented in the Romanian language. If some documents are issued in a foreign language, they must be submitted in the file as a copy together with the translation made by an authorized translator.

The documents in the file for granting the license may be transmitted 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 15 working days from receipt of 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 submission of the license application, OLFR notifies them of the justified decision of non-issuance of the license.

*
Entitled persons
Regulated professions
Required documents

Denumire

Descriere

Obligatoriu

Semnătură digitală

Tip document

Descarcă


-
Request*
Descarcă
Formular tipizat
the license request according to the standard model*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
certificate of registration at the ONRC*
Descarcă
Scanned document
copy of certificate of registration as a Romanian legal entity at ONRC*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
certificate of registration ONRC*
Descarcă
Scanned document
copy of valid ascertaining certificate issued by ONRC containing information about the object of activity (NACE code 4910, 4920, 5221), company identification data, declared operating period, share capital, associates/shareholders, administrators/authorized persons, auditors, auditors, branches/other secondary offices, authorized activities, insolvency/bankruptcy*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
act constitutive of the company*
Descarcă
Scanned document
copy of the company's articles of incorporation with proof of registration at ONRC*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
criminal record and fiscal record certificates*
Descarcă
Scanned document
certificate of criminal record and fiscal record for the company and for the person responsible for managing the company (for details see LICENSE OBTAINING GUIDE)*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
declaration*
Descarcă
Formular tipizat
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*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
certificate of fiscal attestation*
Descarcă
Scanned document
certificate of fiscal attestation issued by ANAF showing the company's debt status to the consolidated general budget of the state*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
annual financial statements*
Descarcă
Scanned document
copy of annual financial statements, related to the previous financial year, accompanied by the administrators’ report, the audit report or the censors’ committee report, as applicable*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
financial plan/ BVC/ financial audit report*
Descarcă
Scanned document
copy of the financial plan or BVC for the year in which the license is requested and for the following 12 months, prepared separately for the rail transport activity and containing information regarding available financial resources, including the bank balance, overdraft provisions and loans, funds and assets, working capital, relevant costs, including costs for the purchase of vehicles, land, buildings, installations, and rolling stock, encumbrances on the company’s assets, taxes and contributions to social insurance, as well as the level of arrears; the applicant may also present a financial audit report showing that the economic operator will be able to meet its present and potential obligations, determined on the basis of realistic assumptions, over a period of 12 months*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
organigram*
Descarcă
Scanned document
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 a safe and effective monitoring of the type of requested rail transport service*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
quality management system implementation document*
Descarcă
Scanned document
document regarding the status of implementation of the quality management system, issued by an accredited body for the field for which the license is requested*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
list of certified ASFR responsibles*
Descarcă
Formular tipizat
the list of certified responsible persons, designated with duties in organizing and managing the transport activity, respectively safety management, in which, for each person, the number and date of the document proving employment by the company, as well as the number and date of issuance of the certificate, will be mentioned*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
certificates issued by ASFR*
Descarcă
Scanned document
copies of certificates issued by ASFR to the designated responsible persons with duties in organizing and managing transport activities, traffic safety, and safety management*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
statement*
Descarcă
Formular tipizat
declaration on own responsibility of the person responsible for the management of the company, showing that the economic operator has a safety advisor for the transport of dangerous goods, if applicable*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
dangerous goods safety adviser certificate*
Descarcă
Scanned document
copy of the safety adviser certificate for the transport of dangerous goods by rail, if applicable*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
commitment statement for self-propelled rolling stock*
Descarcă
Formular tipizat
declaration-commitment on own responsibility of the person responsible for the administration of the company from which it results that, during the validity period of the license, the economic operator will have 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 prescriptions regarding railway traffic safety, transport security, and quality of railway transport services*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
commitment statement for towed rolling stock*
Descarcă
Formular tipizat
declaration-commitment on own responsibility of the person responsible for the management of the company, from which it results that, during the validity period of the license, the economic operator will have and use hauled railway vehicles for carrying out the requested type of rail freight and/or passenger transport service, 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 rail transport services*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
insurance contract or guarantees for covering civil liability*
Descarcă
Scanned document
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 domestic and international legislation, its civil liability in case of railway accidents/incidents, especially with regard to passengers, luggage, goods, mail, and third parties, including railway infrastructure, during the provision of the railway transport services that are to be performed*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
commitment statement*
Descarcă
Formular tipizat
declaration-commitment of the person responsible for managing the company by which they undertake, during the validity period of the railway transport license, to notify OLFR about any change in the data from the documents that formed the basis for granting/re-examining/modifying the license, as well as the date of commencement/interruption/resumption of activity*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
proof of payment for the fee related to the license granting activity*
Descarcă
Scanned document
copy payment order, transaction proof, account statement, etc.*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Issued documents

Denumire

Tip document

Descarcă


-
Correspondence address with the applicant*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Railway transport license*
Document obligatoriu
Semnatură digitală obligatorie
Se poate obține prin OOTS
Fees

Title

Payment method

Value

Currency


None
Deadlines
Resolution time:
30
Calendar days
Case filling duration:
10
Calendar days
Notification deadline:
3
Calendar days
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, with subsequent amendments and additions.
*
Additional information
More info:
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Assistance and problem-solving services
None
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.
The 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.
The Romanian Railway Authority Afer*
Str. Calea Grivitei, nr. 393
Telefon: 0213077900
Fax: 0213164258
Email: afer.secretariat@afer.ro
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Competent entities

Serviciul Licente Operatori de Transport Feroviar

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