The Regulation of the Law on the Management of Land Transport (hereinafter ROTT), approved by Royal Decree 1211/1990 of 28 September, was developed in the field of freight agencies, freight forwarders and storage-distributors by the Order of 23 July 1997.

Later, the Royal Decree of 3 December, dated 3 December, partially modified the ROTT so that, on the one hand, our legislation was adapted to the provisions of Directive 98 /76/EC, of the Council of 1 October, in the field of of professional training, economic capacity and good repute; on the other hand, professional training was unified for the exercise of the activities of the agency for the transport of goods, freight and storage-distributor with the required relationship with the carrier; and, finally, an important qualitative change was introduced in (a) to enable greater dynamism in the marketing of services by freight operators, by allowing them to hire transport services irrespective of their origin and destination.

By this new Order the legal regime of the authorizations of the transport operator is adapted to those changes, following criteria of simplification of the administrative obligations that weigh on its holders.

In its virtue, in accordance with the provisions of the additional eleventh provision of the ROTT, and after report of the National Council of Land Transports and the National Committee for Road Transport, I have:

CHAPTER I

General rules

Article 1. Mandatory of the authorisation.

For the exercise of the activities of the agency for the transport of goods, of transit or of storage-distributor it will be necessary to obtain the mandatory administrative authorization that will enable for this, according to the provisions of the Regulation of the Law on the Management of Land Transports, approved by Royal Decree 1211/1990 of 28 September (hereinafter the ROTT).

Article 2. Denomination and material scope of the authorization.

In execution of what is set forth in the first provision of Royal Decree 1136/1997, of 11

of July, for which the ROTT is partially modified, the exercise of the activities referred to in the previous article can only be carried out by those who are previously holders of the authorisation of the transport operator of the goods, which it will enable to develop, interchangeably, any of those.

Article 3. Domicile of the authorisations.

As a general rule, the authorisation of a freight operator must be domiciled in the place where the holder has his tax domicile.

However, with exceptional character, such authorisation may be domiciled in a different place, where the holder of the authorisation has previously justified his principal activity as not being the agency for the carriage of goods, freight or distributor and which, as a consequence, has its registered office at the place where it carries out such principal activity, although it has some premises open to the public where it requests to direct the authorisation in which it intends to centralize its activity of agency, transit or store-dealer.

Article 4. Competent authority on the authorisations.

The granting of the authorization of a freight operator shall be carried out by the state or regional authority which, directly or by delegation, has jurisdiction for the place in which they are to be domiciled.

Article 5. Branches and auxiliary premises.

Companies which are already holders of authorisation for the transport operator of goods may, after communication to the competent authority, by reason of the place where they are located, open branches or auxiliary premises in places other than that in which the authorisation is domiciled. To this end, they must have the relevant premises in which to carry out the activity, which must meet the conditions laid down in Article 13.

CHAPTER II

Authorization requirements

Article 6. Requirements to be met by the authorisation holders.

The holders of the goods transport operator authorisations shall at all times comply with the following requirements:

(a) To be a natural person, not being able to grant authorizations jointly to more than one person or to communities of property, or legal person, and in this case, the form of a commercial company, a labor company or associated worker cooperative.

(b) Having the Spanish nationality or that of a State of the European Union or another foreign country with which, pursuant to the provisions of the international treaties or conventions entered into by Spain, the said nationality is not enforceable. requirement.

c) Meet the requirement of professional training for the exercise of the activity of domestic and international freight, in accordance with the provisions of the Order of 28 May 1999, for which it is developed the ROTT on the issue of professional training certificates.

d) Meet the requirement of good repute as provided for in this Order.

e) To provide at least the economic capacity that is relevant in accordance with the provisions of this Order.

f) Meet the tax obligations established in the legislation in force.

g) Meet the labour and social obligations set out in the relevant legislation.

h) Dispose of a local that meets the conditions required in this Order.

Article 7. Accreditation of the legal personality and nationality of the company.

The accreditation of the requirements set out in points (a) and (b) of the previous article shall be carried out by the presentation of the national identity document in force of the holder of the authorisation or, where he is foreign, the identification document which has equivalent effects in the country of origin, or the passport, as well as, in any case, accreditation to be in possession of the corresponding tax identification number.

When the holder of the authorization is a legal person, he/she must present the corresponding constitution document and his/her tax identification card, and credit his/her registration in the Mercantile Register or, if applicable, in the corresponding Register.

Article 8. Compliance and accreditation of the professional training requirement.

1. In order to qualify for compliance with the requirement laid down in point (c) of Article 6, it shall be necessary for at least one of the following two conditions:

(a) That, in the case of an individual undertaking, the holder of the authorisation is recognised as such.

(b) That, in the case of a collective undertaking, or an individual whose holder does not fulfil the requirement by himself, at least one of the persons performing the effective management of the undertaking has such training recognised.

To this end, it should be noted that the same person may not be able to train more than one company professionally at the same time, except in the case of companies whose capital is more than 50 per 100 to the same holder.

2. For the purposes referred to in point (b) of the preceding number, only one person shall be deemed to carry out the effective management of the undertaking, when it meets the following three requirements together:

(a) Having conferred general powers to represent the company in its own ordinary traffic operations, either exclusively or jointly or jointly or jointly with others, a registration or public document.

(b) To have the power to provide funds for the operations of the company's ordinary traffic on its main bank accounts, either exclusively or jointly or jointly with others.

(c) Be included in the workforce of the company, being discharged from the corresponding social security scheme as a management staff, or owning at least 15 percent of the company's capital.

When a single person trains different companies whose capital belongs to more than 50 per 100

to the same holder, it shall be sufficient to comply with the requirement laid down in this letter in one of those undertakings.

The requirements laid down in this letter shall not be required where the holder of the authorisation is a natural person and the effective management of the undertaking is borne by his or her spouse.

3. The requirements laid down in paragraph 1 of this Article shall be furnished by the following documentation:

Certificate of professional training issued in favour of the holder of the authorisation, in the case provided for in point (a) of that number.

In the cases referred to in point (b), the certificate of training of one of the persons carrying out the effective management of the undertaking shall be accompanied by the following documents:

Registration certificate or other public document in which it is credited that such person meets the requirement in point (a) of this article.

Registration certificate or other public document, or certification of a bank entity in which it is credited that such person meets the requirement in point (b) of the Article 2 (b).

Credit documentation of the hiring and discharge in the Social Security of said person, or public document or certification record of their connection to the company.

4. Where the competent authority finds, on the occasion of the completion of any administrative procedure, that the applicant company intends to fulfil the requirement of professional training through a person already listed in the Register General of Carriers and Companies of Auxiliary and Complementary Transport Activities training another company, will only access the requested if the documentation mentioned in the previous issue is accompanied by a responsible declaration of the person in which he expressly disists from continuing to train the former company.

In that case, the competent body shall notify the undertaking that it has ceased to comply with the professional training requirement that it has a maximum period of six months to justify, as provided for in this Article, which returns to the same.

After that time limit without the company justifying it, the said organ shall immediately proceed to the revocation of the authorization that until that time it was a holder, in accordance with the provisions of Article 43.1 of the ROTT.

When the body that has detected that a company has ceased to comply with the requirement of professional training does not have jurisdiction over the authorization that the company is the holder, for the reason of its domicile, it will communicate it immediately to whom it is competent, accompanying a copy of the declaration of the person who, up to that point, trained the company. The competent authority shall, in accordance with the terms laid down in the preceding paragraph, receive such communication.

Article 9. Compliance and accreditation of the requirement of good repute.

1. Persons in whom none of the following circumstances are not present shall be deemed to be of good repute:

(a) Haber has been sentenced, by a firm sentence, for criminal offences with a penalty equal to or greater than six months, as long as the criminal liability has not been extinguished.

(b) Having been sentenced, by final judgment, to the penalties of disqualification or suspension, unless they had been imposed as ancillary and the occupation of carrier was not directly related to the offence committed, during the the time for which the penalty was imposed.

(c) It has been repeatedly sanctioned, by firm resolution, by the committee of very serious infringements in the field of transport in accordance with the provisions of Article 38 of the ROTT.

d) Very serious and repeated non-compliance with tax, labour, social security, road safety or environmental standards.

2. Compliance with the requirement in the preceding number shall be credited by a statement responsible for the holder of the authorization not to be in place in any of the circumstances relating thereto.

However, when the competent administrative body has doubts about the veracity of such a declaration, it may require the presentation of a certificate of the non-existence or, where applicable, cancellation, of the criminal liabilities bearing the loss of the requirement of good repute, issued by the General Register of Penados and Rebels in favour of the applicant, or equivalent document issued by his State of origin, where the holder of the authorization abroad.

When the holder of the authorization is a legal person, the fulfilment of the requirement of good repute shall be established in relation to each person who, in an effective and permanent manner, heads the company.

Article 10. Compliance and accreditation of the economic capacity requirement.

1. It is only possible to understand that the undertaking holding the authorisation fulfils the economic capacity requirement when it has a paid-up capital and reserves of at least EUR 60,000 (pesetas 9,983,160).

2. Compliance with the requirement provided for in this article will be credited by submitting the following documentation:

(a) Where the holder of the authorization is a natural person, the corresponding declaration or document of entry of the Tax on the Heritage of the Physical Persons shall be submitted, the regulatory period of which shall be have expired during the 12 months immediately preceding the date of application.

Only when the holder of the authorization is exempt from the obligation to present the declaration of such tax, he may substitute the aforementioned documentation for any of the following documents:

A certification issued by a legally recognized financial institution, accredited to the sufficiency of its economic capacity.

A declaration responsible for the applicant to comply with the requirement, which shall be accompanied, in any case, by other accounting, commercial or financial documents, supporting the possession of available assets, including properties, the company may use as collateral and confirm that statement.

(b) Where the applicant is a legal person, one of the following documents shall be provided:

The company's inventory and annual accounts.

A copy of the balance sheet of the last financial year collected in the company's inventory and annual accounts.

Certification issued by the Secretary of the Board of Directors or equivalent body of the company, with the approval of its President, accrediting the contents of the notes relating to paid social capital and reserves included in the balance sheet included in the book of inventories and annual accounts of the undertaking concerned with the last financial year.

Article 11. Accreditation of compliance with tax obligations.

1. For the purposes of this Order, only the holder of the authorisation shall be deemed to fulfil his tax obligations when the following circumstances are present:

a) Being discharged in the Tax on Economic Activities.

(b) You have submitted the statements for the Income Tax of the Physical or Company Persons, in the case of a person subject to one tax or other tax, as well as the corresponding declarations for payments (a) the number of cases in which the case is based.

c) To have submitted the periodic declarations for the Value Added Tax, as well as the annual summary statement.

(d) No debts to the State or the corresponding Autonomous Community in an executive period in relation to the taxes referred to in this issue.

However, this requirement shall be deemed to be met where, where appropriate, the debts are deferred, broken down or their suspension has been agreed upon on the occasion of the impeachment of the corresponding liquidations.

The circumstances referred to in points (b) and (c) relate to statements in respect of which the regulatory period for filing has expired in the 12 months preceding the date on which the fulfilment of the requirement is to be accredited.

2. The circumstances referred to in point (a) of the previous point shall be credited by the presentation of the last receipt or, where appropriate, of the discharge of the Economic Activities Tax.

The rest of the circumstances mentioned in the previous point will be credited by administrative certification issued by the competent body for the collection of the related taxes. However, where the holder of the authorization considers it more appropriate, he may replace the certificate relating to compliance with the circumstances laid down in points (b) and (c) of the preceding paragraph with the material presentation of the documents. accredence of having made the corresponding discharge or declaration in relation to the above taxes.

The certification referred to in the preceding paragraph shall lose its value, for the purposes set out in this Order, after the expiry of the period of six months from the date of issue.

In those cases where the company would not have been required to file the declarations or documents referred to in the number 1 of this article during the required period, it shall be accredited by a declaration responsible.

3. The presentation of the documentation referred to in paragraph 2 shall not be required where the competent body is aware of the performance of the company's tax obligations through the General Register of Carriers and Companies Ancillary and Complementary Transport Activities.

Article 12. Accreditation of compliance with labour and social obligations.

1. For the purposes set out in this Order, the holder of the authorization shall be deemed to be aware of the performance of his employment and social obligations, when the following circumstances are present:

(a) Be registered in the Social Security and, if applicable, if it is an individual, affiliated and high employer in the appropriate regime.

(b) Her discharged into the social security system corresponding to the workers who serve in his company.

(c) Having submitted the quotation documents corresponding to the Social Security contributions and, if applicable, the concepts of joint collection with the same, as well as those of the same as those with effect collection of data, corresponding to the 12 months prior to the date on which the fulfilment of the requirement is to be accredited.

d) To be current in the payment of quotas or other debts with Social Security. To this end, the undertaking shall be deemed to be aware of its obligations with regard to social security when the debts are deferred, broken down or its suspension has been agreed upon on the occasion of the contested decision. debts.

2. The concurrency of the circumstances referred to in the preceding paragraph shall be credited by means of administrative certification issued by the competent body in the field of social security. Such certification shall lose its credentiative value, for the purposes of this Order, after the expiry of the period of six months from the date of issue.

However, where the holder of the authorisation considers it more appropriate, he may replace the certification relating to compliance with the circumstances laid down in points (a), (b) and (c) of the preceding paragraph with the submission of the material of the documents supporting the registration, registration or listing.

In those cases where the company would not have been required to file the declarations or documents referred to in the number 1 of this article during the required period, it shall be accredited by a declaration responsible.

3. The presentation of the documentation referred to in paragraph 2 shall not be required where the competent body is aware of the performance of the company's labour and social obligations, through the General Register of Carriers and Companies of Auxiliary and Complementary Transport Activities.

Article 13. Conditions to be met by the premises in which the activity is carried out.

Companies holding the authorisation of a freight operator must have at all times a place other than the private address of their holder, open to the public, subject to compliance with the requirements legal on the opening of premises, at the place where the authorisation is located and the branches or local auxiliaries. Such premises must be exclusively dedicated to transport activities.

The provision of the local precept will be credited by the filing of the corresponding municipal opening license.

When the holder of the authorization is not yet in possession of such a licence, it may be replaced by the document supporting the licence, which shall be accompanied by the justification of the Title of the local's disposal.

CHAPTER III

Grant and authorization visa

Article 14. Request for authorizations.

Applications shall be made on standard official forms to be provided at the receiving office of the competent body, and shall be accompanied by the original or certified copy of the documentation which, in accordance with provides in the preceding Articles, proof that the requirements laid down in Article 6 are met.

Article 15. Grant and documentation of the authorizations.

Submitted the application to the body responsible for its decision, the latter shall, after examination of the file and found that the conditions required, be fulfilled, to the grant of the authorization, which shall be documented in a card of the OT class. This card shall specify the number of the authorisation, its ownership, domicile, and other circumstances of the activity to be determined by the Directorate-General for Rail and Road Transport.

Article 16. Communication of opening and closing of branches and auxiliary premises.

The communication of opening or closing of branches or auxiliary premises shall be made before the competent body in the field of transport, due to the place in which they are located, with the expression of the identification of the company and the local in which the activity is performed.

Received the aforementioned communication, the competent organ shall proceed to make the high or low annotation of the branch or local auxiliary in the General Register of Carriers and of Companies of Auxiliary Activities and Complementary to Transport.

Article 17. Visa of the authorisations.

The authorisation of a freight operator shall be granted without a fixed term of time, but its validity shall be conditional upon the conduct of its biennial visa by the administrative body competent to grant them, in accordance with the timetable determined by the Directorate-General for Railways and Transport by Road or, in accordance with the provisions of this Directive, by the various Autonomous Communities which have been taken over by delegation competence.

Authorizations that have not been endorsed in the period set for this purpose shall be deemed to be expired without the need for express revocation by the Administration.

Article 18. Requirements for the implementation of the visa.

For the purpose of carrying out the visa for the authorisation of a freight operator, it shall be necessary to establish, in accordance with the provisions of this Order, compliance with the requirements laid down in points (c), (e), (f) and (g) of the Article 6, accompanying the relevant documentation of a photocopy of the card for the period immediately preceding and of an updated ratio of branches and/or auxiliary premises ordered by provinces and in which the data identification of the premises in which the activity is carried out.

However, it will be necessary to also present the municipal opening license of the premises on the occasion of the first visa, when the authorization was obtained by submitting only the application of said license and, in any case, when the company has changed from the previous visa.

In any event, the payment of pecuniary penalties, imposed by final decision on the administrative basis, shall be a necessary requirement for the approval of the authorizations in respect of which they have committed their the relevant infringements.

The implementation of the visa will result in the issuance of a new card that will replace the one corresponding to the previous period and the update, if any, in the General Register of Carriers and Business of Activities Auxiliary and Complementary Transport of data relating to branches and/or auxiliary premises.

Article 19. Verification of the conditions of the authorisation.

Regardless of the conduct of the visa, the Administration may, at all times, check the proper fulfilment of the conditions which originally justified the granting of the authorizations or which constitute requirements for their validity, seeking to this effect from the holder the supporting documentation of such an extreme as it considers relevant.

Single additional disposition.

Without prejudice to the opening of the sanctioning files, where appropriate, where the Land Transport Inspection Services detects, in the exercise of its functions, the loss or non-performance of the an undertaking of any of the requirements which, in accordance with the provisions of this Order, are required to maintain the ownership of their authorisations, they shall immediately inform the competent authority of those requirements; authorisations, accompanying the relevant report.

The competent authority shall take the measures necessary for the implementation of the provisions of Article 43 of the ROTT.

First transient disposition.

The persons who at the entry into force of this Order have already recognized the fulfillment of the requirement of professional training for any of the activities that are contemplated, will be able to continue to lend the same to undertakings holding authorisations for the operator of the carriage of goods, with the same effects as if they were recognised in the training provided for in Article 6 (c).

Second transient disposition.

The currently existing branch freight operator authorisations will have no effect on the entry into force of this Order, but the registration of the premises to which they were registered will, however, be maintained. referred to.

Repeal provision.

The Order of 23 July 1997 for the development of the Law of the Law of the

Union is hereby repealed.

Land Transport Planning, in the field of freight agencies, freight forwarders and distributors, as well as all other provisions of equal or lower rank are contrary to the provisions of the this Order.

Final disposition first.

The Director General of Rail and Road Transport will take the necessary measures to implement this Order, as well as to establish the coordination rules that are necessary for its implementation in accordance with the provisions of Article 16.2 of the Organic Law 5/1987, of 30 July, of the Delegation of State Faculties in the Autonomous Communities in relation to the Transports by Road and Cable.

Final disposition second.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 21 July 2000.

ALVEZ-HELMETS FERNANDEZ