The activity licence is necessary if an undertaking intends to engage in the construction of a railway vehicle in the area of railways.
The activity licence will remain in force for an unspecified term and will be issued by the Consumer Protection and Technical Regulatory Authority.
Legal basis
The undertaking’s operations are regulated by:
Requirements for the applicant
An undertaking must comply with the following requirements to obtain the activity licence:
- the punishment register does not contain punishment records concerning the undertaking about criminal offences in the first degree, economic criminal offences, criminal official misconduct, criminal offences in the areas of occupational health, safety or technical supervision, and the undertaking has not been punished for misdemeanours pertaining to the safety of railway traffic established in the Railways Act on more than two occasions or for misdemeanours pertaining to the area of social or labour law, or customs organisation, with the application of the maximum rate of punishment established for this misdemeanour;
- an undertaking of a third country is registered in the commercial register of a contracting party to the EEA agreement;
- the undertaking who is responsible for the management of the railway infrastructure, transport of passengers or transport of goods has sufficient professional knowledge and experience to ensure the safe operation of the undertaking and the reliable organisation and monitoring of its operation;
- the undertaking has liability insurance in order to compensate, pursuant to the Railways Act and international agreements, for any damages caused due to failure to perform its obligations or inadequate performance thereof;
- the management board of the undertaking has approved the descriptions of technological processes of railway vehicle maintenance, repair or construction;
- the undertaking has production facilities and equipment for carrying out the work prescribed in the descriptions of technological processes.
Cross-border operations
If an undertaking holds an activity licence for construction of railway vehicles for provision of the service in another European Economic Member state which is, from the perspective of the object of inspection, largely similar with the Estonian activity licence and the applicability of which is not restricted to the territory or point of operating located outside of Estonia, the undertaking shall not require a separate activity licence for construction of railway vehicles for operating in Estonia. In this case, the foreign undertaking shall submit to the Consumer Protection and Technical Regulatory Authority an application for an application for exemption from the authorisation obligation which includes the following information:
- in the case of a sole proprietor, the name, personal identification code (in the absence thereof the date of birth and business name upon the existence thereof), in the case of an undertaking which is a legal person, the business name and registry code;
- the address of the seat of the undertaking;
- the contact details of the undertaking (phone number, postal address and e-mail address);
- the name of the authority that has granted the activity licence and the date of issue of the licence.
The rules of procedure may differ by member states. An Estonian undertaking with an activity licence for construction of railway vehicles which intends to provide the services in another European Economic Area member state should advisably request information from the economic institution of the respective country prior to commencement of the operations or submission of an application for exemption from the authorisation obligation.
Information about operating in other European Economic Area member states can be found from the Point of Single Contact of the respective country.
Filling in and submission of an application
In addition to the information specified in section 19 of the General Part of the Economic Activities Code Act, the following documents shall be submitted with an application for an activity licence to the Consumer Protection and Technical Regulatory Authority:
- a list of the members of the management board or, of the persons who have the right to manage the company which shall set out the given names and surnames of the persons, their personal identification codes (or, in the absence thereof, the date of birth), residences, information concerning their education and professional experience, their recent places of work or service, and documents concerning the compliance of these persons with the established requirements;
- descriptions of technological processes of railway vehicle maintenance, repair or construction approved by the management board of the undertaking.
Pursuant to section 17 of the Railways Act, a railway undertaking shall enter into a liability insurance contract.
NB! The state fee at the rate laid down in the State Fees Act shall be paid prior to submission of the application.
Applications can be filed:
- by entering the Register of Economic Activities (authentication is required);
- in a digitally signed format to the e-mail address [email protected].
Payment of the state fee
A state fee of 2340 euros shall be payable for reviewing of an application for an activity licence.
A state fee of 780 euros must be paid for amending an application for an operating licence.
The state fee must be paid to a bank account of the Ministry of Finance by using the reference No.2900080034:
- Swedbank – EE932200221023778606
- SEB – EE891010220034796011
Processing of applications
Consumer Protection and Technical Regulatory Authority will settle all applications for activity licences by granting or refusing to grant a licence within 30 days after submission of all details required. The Consumer Protection and Technical Regulatory Authority will notify the undertaking of any deficiencies related to the application on the next working day after the day on which the deficiency is detected and will set a reasonable deadline for elimination of the deficiencies. In the case of failure to submit the information requested, the Consumer Protection and Technical Regulatory Authority may refuse to process the application.
The activity licence will be issued for an unspecified term, unless the applicant has applied for a specified term.
The Consumer Protection and Technical Regulatory Authority will issue the activity licence electronically in the Register of Economic Activities.
Amendment of the terms and conditions of an activity licence
The Consumer Protection and Technical Regulatory Authority must be notified of changes in the circumstances related to economic activities no less than 30 days before the intended change by an undertaking and no less than three months before the intended change by a provider of services of general interest. A notice on intention to change economic activities must also be submitted if an undertaking founds a subsidiary which commences economic activities within the framework of the subject of regulation of the activity licence.
Undertakings must notify of changes in the circumstances related to the subject of review of the activity licence and circumstances related to the secondary conditions that have occurred independently of the undertaking (notice on change in economic activities) promptly, but no later than within five working days.
Applications for amendment of activity licences will be settled by the Consumer Protection and Technical Regulatory Authority within 30 days.
A notice on intention to change economic activities and in the notice on change in economic activities with the reasons and a notice on changing of the circumstances related to the secondary conditions can be submitted to the Consumer Protection and Technical Regulatory Authority:
- by entering the Register of Economic Activities (authentication is required);
- in a digitally signed format to the e-mail address [email protected];
- by post to the Estonian Consumer Protection and Technical Regulatory Authority, address Endla 10a, 10122 Tallinn.
Suspension of an activity licence and termination of economic activities
At least 30 days of advance notice shall be given of temporary cessation of the economic activities of an undertaking. If an undertaking renounces its economic activities for a certain period, the undertaking may specify the date of recommencement of the economic activities.
NB! The right to renounce the economic activities of an undertaking does not exclude the undertaking from the obligation to recommence its economic activities arising from law, an administrative act or a contract, and the undertaking shall not be deemed to have renounced its economic activities in the event of the existence of the obligation to recommence the activity.
The application for revocation of the activity licence must be submitted to the Consumer Protection and Technical Regulatory Authority at least 30 days before the desired date of revocation of the activity licence.
Applications for temporary renouncement of economic activities and revocation of activity licences with the reasons thereof can be submitted to the Consumer Protection and Technical Regulatory Authority:
- by entering the Register of Economic Activities (authentication is required);
- in a digitally signed format to the e-mail address [email protected];
- by post to the Estonian Consumer Protection and Technical Regulatory Authority, address Endla 10a, 10122 Tallinn.
Revocation of an activity licence
An activity licence shall be revoked on the following grounds:
- intentional submission of incorrect information by an undertaking upon application for an activity licence, which affected the grant of a licence, provided that if such information had not been submitted, the grant of an activity licence would have been denied;
- renouncement of economic activities by an undertaking;
- validity of a relevant prohibition on economic activities imposed by a court judgment or arising from law in a relevant area of activity in respect of an undertaking, except for validity of a prohibition on economic activities imposed pursuant to the General Part of the Economic Activities Code Act.
An activity licence may be revoked on the following grounds:
- failure to commence economic activities within two years after issue of the activity licence or failure to pursue economic activities within two years, and in the case of provision of services of general interest, failure to commence economic activities within 12 months after issue of the activity licence or failure to pursue economic activities within 12 months or failure to commence economic activities within the term prescribed by a secondary condition of the activity licence;
- material violation of an economic activity requirement in the subject of review of the activity licence or a secondary condition of the activity licence;
- a significant damage or danger caused to public order by the activity permitted by the activity licence, which did not exist or was not known at the time of grant of the activity licence and which overrides the interest of the undertaking in continuing the activity and which cannot be eliminated by amendment of the activity licence.
Furthermore, the Consumer Protection and Technical Regulatory Authority may also revoke an activity licence for construction of railway vehicles if:
- the undertaking to whom an activity licence for construction of railway vehicles has been issued has failed to operate in the area of activity specified on the activity licence within one year after issuing of the activity licence;
- the undertaking violates the obligations arising from international agreements, as a result of which persons, property or the environment could be endangered, or international rail transport could be suspended.
The activity licence shall be deemed invalid as of the moment of notifying the undertaking of the decision or delivery of the respective notice.
Supervision
State supervision over compliance with the terms and conditions of the activity licences for construction of railway vehicles is exercised by the Consumer Protection and Technical Regulatory Authority.
Contact
Further information
Tanel Tina, tel.: 667 2053, e-mail: [email protected]
Registry information and technical questions
Register of Economic Activities, tel: +372 668 7080, e-mail: [email protected]