Railway Entrepreneurs Professional Access Regulation

Original Language Title: Eisenbahnunternehmer-Berufszugangsverordnung

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Railway Business Employment Access Regulation (EBtraction V)

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EBtraction V

Date of departure: 27.10.1994

Full quote:

" Railway Entrepreneurship Ordinance of the 27. October 1994 (BGBl. 3203), as last amended by Article 6 of the Regulation of 5 June 2003. July 2007 (BGBl. I p. 1305) "

:Last modified by Art. 6 V v. 5.7.2007 I 1305

See Notes

Footnote

(+ + + Text Evidence: 1.12.1994 + + +)
(+ + +) for more details on the stand. Notification of the standard provider to EC law:
Implementation of the
EGRL 18/95 (CELEX Nr: 31995R0018) cf. V v. 17.2.1997 I 274 + + +)

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input formula

pursuant to section 26 (1) (3) in conjunction with § 6 (2) of the General Railway Act of 27. December 1993 (BGBl. 2378, 2396), the Federal Ministry of Transport is responsible for: Non-official table of contents

§ 1 Reliability

(1) The applicant and the applicant for the The management of the business shall be considered to be reliable within the meaning of Article 6 (2) (1) of the General Railways Act, where it can be assumed that they are responsible for the operations of a railway, in accordance with the rules applicable to the railways. Regulations and the general public in the operation of a railway are to be protected from damage and hazards.(2) The applicant and the persons appointed for the management of the transactions shall not be considered as reliable in particular in the following cases
1.
in case of a final conviction for a crime or a repeated legal conviction for a crime,
2.
in case of serious and repeated violations against
a)
Work-or social-law obligations including the obligations of the Labour protection law,
b)
rules adopted in the interest of transport and operational safety,
c)
Rules of the General Railway Act or of the legal regulations based on this law,
d)
Entrepreneurial activity resulting from business activity,
e)
environmentally-friendly Specifications,
f)
customs-related obligations arising from business activity
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§ 2 Financial performance

(1) The applicant is considered to be financially efficient within the meaning of Section 6 (2) (2) of the General Railway Act, if: it has the financial resources necessary for the taking up and proper management of the operation.(2) The audit of financial performance shall be carried out on the basis of the annual accounts 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 and possible overdrapes and loans,
2.
available as security; and Assets,
3.
Equity,
4.
Cost of acquisition of vehicles, plots, Buildings, Assets and Equipment,
5.
Debt,
6.
Operating assets (
)
particular, the applicant shall not be considered to be financially capable of performing significant arrears of taxes or contributions to the Social insurance, which is due to entrepreneurial activity.(4) Proof of financial standing may be established by presenting an audit report or other appropriate documents from a bank, a public savings bank, an auditor or an accounting firm, a Tax advisers or a sworn accountant. Information on the characteristics referred to in paragraph 2 shall be included. Non-official table of contents

§ 3 Fachkunde

The applicant or the persons appointed for the management of the business shall be considered as expert in the sense of § 6 (2) (3) of the General Railway Act, if it is in accordance with Section 2 (2) or (3) of the Railway Works Council Regulation of 7. July 2000 (BGBl. 1023) are confirmed as operating 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 mutaly 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. Non-official table of contents

§ 4 Proof of reliability and financial performance

Is the applicant
1.
the Federal Republic of Germany,
2.
one 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.
Proof of reliability and financial performance as provided. Non-official table of contents

§ 5 Procedure

(1) The competent licensing authority is provided by rail transport companies with information on how to secure the financial capacity for at least one year.(2) The competent licensing authority shall decide on the application no later than three months after the submission of all the necessary information.(3) Where an authorisation authority has granted, revoked or amended a permit, it shall immediately inform the Commission of the European Communities. The approval authorities of the Länder are conducting their information on the Federal Railways Office.(4) If the Federal Railway Authority has serious doubts as to the fact that an undertaking carrying out activities pursuant to Article 6 (1) (1) or (2) of the General Railway Act and which the authority of another Member State of the European Union is authorised to do so, , it shall forthwith inform the authority of the other Member State which granted the authorisation. Non-official table of contents

Final formula

The Federal Council has agreed. Non-official 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

asset

(omitted)