Railway undertakings-Professional Access Regulation (EBZugV)

Unofficial table of contents

EBtraction V

Date of completion: 27.10.1994

Full quote:

" Railway business access regulation of the 27. October 1994 (BGBl. 3203), as last amended by Article 6 of the Regulation of 5 July 2007 (BGBl I). I p. 1305)

Status:

Last amended by Art. 6 V v. 5.7.2007 I 1305

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.12.1994 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 18/95 (CELEX Nr: 31995R0018) cf.  V v. 17.2.1997 I 274 + + +) 

  

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Input formula

Pursuant to Section 26 (1) No. 3 in conjunction with Section 6 (2) of the General Railway Act of 27 December 1993 (BGBl. I p. 2378, 2396), the Federal Ministry of Transport is responsible for: Unofficial table of contents

§ 1 Reliability

(1) The applicant and the persons appointed for the management of the transactions shall be deemed to be reliable within the meaning of Section 6 (2) (1) of the General Railways Act, if it can be assumed that they are carrying out the business of a railway under (2) The applicant and the persons appointed for the management of the business shall be considered to be responsible for the management of the railways. (2) The applicant and the persons appointed for the management of the business shall be subject to the following conditions: in particular in the following cases, not as reliable

1.

in the case of a final conviction on the grounds of a crime or, in the case of repeated judicial convictions, for a crime;

2.

in the case of serious and repeated infringements of the law, which have been established by the competent courts and authorities,

a)

duties or social law obligations, including obligations under the employment protection law,

b)

provisions adopted in the interests of transport and operational safety,

c)

Provisions of the General Railway Act or the legal regulations based on this Act,

d)

tax obligations arising from business activities,

e)

environmental protection provisions,

f)

customs-related duties arising from business activity.

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§ 2 Financial Performance

(1) The applicant shall be deemed to be financially capable within the meaning of Section 6 (2) (2) of the General Railways Act if he has the financial means necessary for the taking up and proper management of the holding. (2) The examination financial performance shall be carried out on the basis of the annual financial statements of the company. A balance sheet is sufficient for applicants who are unable to submit an annual accounts. The examination of the documents submitted shall cover the following characteristics:

1.

available financial resources, including bank deposits, as well as possible overdrapes and loans,

2.

means and assets available as security;

3.

Equity,

4.

Acquisition costs for vehicles, land, buildings, installations and equipment,

5.

debt,

6.

Charges of operating assets, in particular with pledge rights, property rights, security or retention of title.

(3) In particular, the applicant shall not be considered to be financially viable if there are substantial arrears of taxes or contributions to social security which are due to entrepreneurial activity. (4) The proof of the financial capacity may be provided by the submission of an audit report or other appropriate documents from a bank, public savings bank, auditor or audit firm, tax adviser or sworn-in accountants. Information on the characteristics referred to in paragraph 2 shall be included. Unofficial table of contents

§ 3 Specials

The applicant or the persons appointed for the management of the transactions shall be regarded as expert within the meaning of Section 6 (2) (3) of the General Railways Act, if they are subject to the provisions of Section 2 (2) or (3) of the Railway Authority Ordinance of 7 July 2000. (BGBl. 1023) are confirmed as operations managers. An operating manager confirmed in accordance with Section 2 (2) or (3) of the Railway Service Manager Regulation shall be deemed to be a person ordered for the management of the business within the meaning of Section 6 (2) (3) of the General Railway Act. Sentences 1 and 2 shall apply mutatily to persons responsible for a security management system which, in the context of the issue of a safety certificate pursuant to Section 7a of the General Railway Act or a security permit, shall be issued in accordance with § 7c of the General Railway Act has been approved. Unofficial table of contents

§ 4 Proof of reliability and financial performance

Is the applicant

1.

the Federal Republic of Germany,

2.

a country,

3.

a local authority or a federation of local authorities; or

4.

a legal person who is mainly in the hands of one of the local authorities referred to in points 1 to 3;

the proof of reliability and financial performance shall be deemed to have been provided. Unofficial table of contents

§ 5 Procedure

(1) The competent licensing authority shall submit information from railway undertakings to ensure financial performance for at least one year. (2) The competent licensing authority shall decide on the application no later than three (3) If an approval authority has granted, revoked or amended a permit, it shall immediately inform the Commission of the European Communities. The approval authorities of the Länder conduct their information on the Federal Railway Authority. (4) The Federal Railway Authority has serious doubts as to the fact that a company carrying out activities in accordance with Section 6 (1) (1) or (2) of the General Railway Act , and the authority of another Member State of the European Union has granted authorisation to comply with the requirements of this Regulation, it shall inform the authority of the other Member State which has granted the authorisation, without delay. Unofficial table of contents

Final formula

The Federal Council has agreed. Unofficial table of contents

§ 6 Entry into force

This Regulation shall enter into force on the first day of the calendar month following the announcement. Unofficial table of contents

Annex

(dropped)