Railway Entrepreneurs Professional Access Regulation

Original Language Title: Eisenbahnunternehmer-Berufszugangsverordnung

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Read the untranslated law here: http://www.gesetze-im-internet.de/ebzugv/BJNR320300994.html

27.10.1994 Railway entrepreneurs professional access regulation (EBZugV) EBZugV Ausfertigung date: full quotation: "railway entrepreneurs professional access regulation of 27 October 1994 (BGBl. I p. 3203), most recently by article 6 of the Decree of 5 July 2007 (BGBl. I p. 1305) is changed" stand: last amended by art. 6 V v. 5.7.2007 I 1305 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from: 1.12.1994 +++) (+++ official note of the standard authority on EC law) : Implementation of EGRL 18/95 (CELEX Nr: 31995R0018) cf. V v. 17.2.1997 I 274 +++) input formula on the basis of § 26 para 1 No. 3 in conjunction with § 6 par. 2 of the General railway law of 27 December 1993 (Federal Law Gazette I p. 2378, 2396) directed the Federal Ministry of transport: § 1 reliability (1) the applicant and the persons appointed for the conduct of business are considered reliable within the meaning of § 6 par. 2 No. 1 of the General railway law , if it can be that they are conducting the business of a railway in accordance with the rules applicable to the railways as well as protect the general public in the operation of a railway from damage and injury assumed.
(2) the applicant and the persons appointed for the conduct of business shall apply in particular in the following cases unreliable 1 at a final conviction for a felony or for repeated final conviction for a misdemeanor, 2nd in final by the competent courts and authorities set severe and repeated violations of a) labour or social law obligations, including obligations under occupational safety and health law , rules adopted pursuant to b) in the interests of traffic and operational safety, c) Regulations of the General railway law or of regulations based on this law, d) tax obligations resulting from entrepreneurial activity, e) environmental regulations, f) customs duties resulting from entrepreneurial activity.

Section 2 financial capacity (1) the applicant is considered no. 2 of the General railway law financially efficient in the sense of § 6 par. 2, if he has the financial resources to the recording and proper management of the operation.
(2) the examination of the financial performance is based on the annual financial statements of the company. For applicants who have no annual accounts, a balance sheet is sufficient. The examination of the submitted documentation has to extend to the following characteristics: 1. financial resources available, including in bank balances as well as any overdraft and loan, 2. available as security agents and assets, 3. equity, 4. acquisition costs for vehicles, land, buildings, plant and equipment, 5. debt, 6 loads of assets with liens, liens, security, or retention.
(3) the applicant is considered especially not financially efficient, if considerable arrears on taxes or contributions to social security are owed from entrepreneurial activity.
(4) the proof of financial capacity through submission of an audit report or other suitable documents from a Bank, a public savings bank, an auditor or an audit firm, tax advisor or a sworn auditor. Information regarding the characteristics referred to in paragraph 2 must be included.

§ 3 technical qualification of the applicant or the persons appointed for the conduct of business are considered learned in the sense of § 6 para 2 No. 3 of the General railway law, if according to section 2 paragraph 2 or 3 of the regulation of railway operations manager dated July 7, 2000 (Federal Law Gazette I p. 1023) are confirmed as Manager. A plant manager confirmed according to section 2 paragraph 2 or 3 of the regulation of railway managers considered a person ordered for the conduct of business within the meaning of § 6 para 2 No. 3 of the General railway law. The sentences 1 and 2 shall apply accordingly to persons who are responsible for a safety management system in the context of the issuance of a security certificate referred to in Section 7a of the General railway law or a safety authorisation pursuant to § 7 c of the General railway law was approved.

§ 4 showing of reliability and the financial capacity of the applicant 1. the Federal Republic of Germany, 2. a country, 3. a local authority or a merger local authorities or 4. a legal person that is predominantly in the hand of one of the authorities referred to in paragraphs 1 to 3 is, so the proof of the reliability and the financial performance as provided.

Procedure (1) the competent approval authority are § 5 railway companies to submit information to secure the financial viability for at least a year.
(2) the competent approval authority decides on the request not later than three months after submission of all required information.
(3) has an approved a permitting authority, revoked or modified, it shall forthwith inform the Commission of the European communities. The authorities of the countries manage their disclosure of the federal railway Office.
(4) the federal railway authority has serious doubt in my mind that a company, which exercises activities pursuant to section 6 para 1 No. 1 or 2 of the General railway law and the authority of another Member State of the European Union has granted a permit satisfies the requirements of this regulation, so it shall immediately inform the authorities of that other Member State which has granted the approval.

Concluding formula the Federal Council has approved.

Article 6 entry into force this regulation enters into force on the first day of the calendar month following the announcement.

Plant (dropped out)