A Community licence is required for domestic and international carriage of passengers (occasional services, regular services) for a charge by a bus (as of 10 seats including the driver’s seat) and by an automobile with 6–9 seats (including the driver’s seat).
A Community licence is issued for ten years, if the applicant does not require it for a shorter period.
The Community licence is issued by the Association of Estonian International Road Carriers (ERAA).
Legal bases
- Public Transport Act;
- Road Transport Act;
- General Rules for Regular Carriage of Passengers by Bus, Occasional Carriage by Bus, Taxi Service and Carriage of Baggage;
- Regulation (EC) No 1071/2009 of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC;
- Regulation (EC) No 1073/2009 of the European Parliament and of the Council on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006;
- Commission Regulation (EU) No 361/2014 laying down detailed rules for the application of Regulation (EC) No 1073/2009 of the European Parliament and of the Council as regards documents for the international carriage of passengers by coach and bus and repealing Commission Regulation (EC) No 2121/98.
Requirements for the applicant
Applicants for a Community licence must comply with following requirements:
- be registered in the commercial register or in the register of non-profit associations and foundations (Article 43(2) of the Public Transport Act);
- communicate the address of their establishment in Estonia where their main business documents are kept (unless the address overlaps with the one in the commercial register or in the register of non-profit associations and foundations) (Article 43(3) of the Public Transport Act);
- applicants, carriers and persons entitled to manage carriers (hereinafter referred to as Chief Executives) must be of good repute (Article 43 (4)-(6) of the Public Transport Act);
- appoint one or several transport managers of good repute (Article 43(7) of the Public Transport Act);
- undertakings must not have any non-staggered tax arrears and must not have been declared bankrupt (Article 47(1) of the Public Transport Act);
- pay a service fee to the Association of Estonian International Road Carriers (ERAA) for the issue of the licence (Article 46(7) of the Public Transport Act);
- within six months of obtaining the licence, carriers must have at their disposal at least one vehicle, for which a certified true copy of the Community licence has been issued (Article 5(1)(e) and Article 13(1)(b) of Regulation (EC) No 1071/2009);
- organise their vehicle fleet’s activity in such a way as to ensure that vehicles that are at the disposal of the undertaking and are used in international carriage return to one of the operational centres in that Member State at least within eight weeks after leaving it (Article 5(1)(b) of Regulation (EC) No 1071/2009).
Cross-border operation
If a foreign operator wishes to start providing carriage of passengers for a charge in Estonia (unless it is cabotage operations specified in chapter 5 of Regulation (EC) No 1073/2009), they need to establish an undertaking in Estonia and apply for a Community licence.
An operator that has been established in some other country of the European Union or the European Economic Area and that has obtained a Community licence in that country is allowed to provide the international carriage of passengers to or from Estonia on the basis of the Community licence.
If an operator that has been established in some other country of the European Union or the European Economic Area and that has obtained a Community licence in that country wishes to provide the carriage of passengers between Estonia and a third country, they need to meet the requirements of international agreements, for instance apply for a transport permit to provide carriage to or from a third country (§ 22 of the Road Transport Act).
In order to provide cabotage operations in Estonia, an operator that has been established in some other county of the European Union or European Economic Area must fulfil the conditions specified in chapter 5 of Regulation (EC) No 1073/2009.
Submitting an application
The following documents need to be submitted to obtain a Community licence:
- a filled in application indicating the name, registry code and contact details of the undertaking (telephone number, e-mail address and postal address) and the name and personal identification code of the undertaking's Chief Executive or, in the absence of a personal identification code, date of birth and contact details (telephone number and e-mail address).
- The articles of association or partnership agreement (except if the operator is entered in the commercial register).
- A document certifying the appointment of a transport manager.
- A document certifying the professional competence of the transport manager.
- If, in accordance with Article 4 (1) of Regulation (EC) No 1071/2009 the person has been designated as the transport manager on the basis of an employment contract or, in accordance with Article 4 (2) of the same Regulation, on the basis of another contractual relationship, the document which certifies the designation of the transport manager must bear or be accompanied by particulars on the type, parties, date of conclusion and term of validity of the concluded contract.
- Documents certifying the financial standing specified in Article 7 of Regulation (EC) No 1071/2009 (if these are not electronically available).
The documents required for applying for a Community licence may be:
- submitted by entering the Register of Economic Activities (authentication is required);
- submitted on paper
- to the Tallinn office of the ERAA (Narva mnt 91, Tallinn 10127) on business days from 09.00 to 13.00
- to the Tartu branch at Sepa 26 on business days from 09.00 to 13.00
- to the Pärnu branch at Lille 4 (AIDE ärikeskus), room 208 Tue. to Th. from 09.00 to 13.00;
- sent in the digitally signed format to the email address [email protected] or [email protected];
- sent by regular mail to the address of the ERAA offices in Tallinn, Tartu or Pärnu.
A Community licence can be obtained from the Tallinn an Tartu office of the ERAA on business days from 09.00 to 13.00 and from the Pärnu office Tue.–Th. from 09.00 to 13.00.
Upon the operator’s request, the Community licence can be sent to the operator via mail.
Payment of state fee
In order to apply for a Community licence, a serice fee of 254.20 euros (205 euros + VAT) shall be paid.
The fee can be paid in cash on the spot, with a debit card or in advance by bank transfer.
Processing the application
The processing of an application shall take up to 30 calendar days. The operator shall be notified of the issuance of a Community licence via a non-priority letter or via email.
The operator shall be notified of the issuance of a Community licence via a non-priority letter or via e-mail.
The Community licence shall be issued on paper to a legal representative of the applicant or to a person authorised by a legal representative.
If the application contains any deficiencies, the applicant shall be given a reasonable time limit for the elimination of the deficiencies.
During the time limit prescribed for the elimination of the deficiencies, the term for the processing of the application will be suspended.
A Community licence is issued for 10 years, unless the applicant requires it for a shorter period.
At the end of the duration of a Community licence a new Community licence can be applied for if all the requirements imposed upon the applicant are met.
The application for obtaining a new Community licence shall be submitted at least 30 days before the end of the duration of the existing Community licence.
Changing the conditions of the Community licence
If there have been any changes in the data contained in the documents submitted for applying for a Community licence (e.g., when the transport manager changes, any changes in the contact information), the issuer of the Community licence must be notified thereof in writing within 28 days.
Should any data entered on a Community licence change (for example, the name or address of the enterprise), a new Community licence needs to be applied for.
Suspension of the Community licence by the operator and termination of economic activities
If the operator wishes to suspend the validity of a Community licence for a certain period or revoke it, they need to submit a written application to the issuer of the Community licence.
If the validity of the Community licence has been suspended or revoked, the document must be returned to the issuer thereof immediately but no later than within five business days.
Revocation of the Community licence
- Upon the carrier’s own written application.
- The following circumstances arise in the carrier’s activities:
- the holder of the licence or the transport manager does not comply with the established requirements;
- the data of the licence holder do not match the contents of the licence;
- a driver of a public transport vehicle employed by the licence holder has in the professional capacity been convicted of a criminal offence (clause 53 (1) 3) of the ÜTS);
- upon applying for a Community licence false information has been provided knowingly that influenced the decision making regarding the application.
Supervision
Supervision over whether the holder of a Community licence corresponds to the requirements imposed on them during the validity period of the document is exercised by the ERAA and the Ministry of Economic Affairs and Communications.
The Police and Border Guard Board and the Tax and Customs Board supervise whether road users have a licence. The Labour Inspectorate supervise the existence of the licence at undertakings.
Contact details
Substantive information
Elo Tambur, Association of Estonian International Road Carriers (ERAA), tel: +372 606 2051, e-mail: [email protected]
Eda Rembel, tel: +372 6 256 427, Ministry of Climate, e-mail: [email protected]
Registry information and technical questions
Register of Economic Activities, tel: +372 668 7080, e:mail: [email protected]