Business in Bulgaria – Getting a license for transporting goods and people.
Conditions to obtain a Community license for passenger and freight transport operations in Bulgaria.
- According to Art. 2 Par.1 or ORDINANCE no. 11 of the Minister of Transport, Information Technology and Communications for international passenger and freight transport, dated from 31 October 2002 such type of transport may be carried out by any sole trader or any company holding a Community license and certified copies issued by the Bulgarian Minister of Transport, Information Technology and Communications or one of the officials, authorized by them.
Under the following conditions a Community license to carry out international transport shall be issued to an operator:
- Reliability (good reputation) – Reliability requirements are with if the transportation business manager or the transportation company is not convicted or a criminal offense and their right to carry out the transportation activity is not deprived or a court sentence.
- Professional competence – Competence criteria are considered to be fulfilled if the manager has the ability to demonstrate knowledge and experience acquired through education or in practice, has successfully passed exams in certain fields, and has at least a high school diploma. in paragraph 1 successfully obtain a certificate of professional competence from the Managing Director of the Vehicle Administration or from a person authorized by them. The Certificate is for an indefinite period of time. The tests of professional competence are carried out at the Motor Vehicle Administration Department. Competence requirements are also with when such a certificate issued by a competent body in an EU country is in possession of the transport company manager. The transportation activity should be carried out efficiently and at all times by a person having a certificate of competence. A person who can prove their competence by means of a certificate can not manage more than two transport companies for international passenger and goods carriage.
- Financial stability – Financially stable is a company with sufficient resources to guarantee the start and existence of the transport operation; the amount for this is € 9000 in BGN for the first motor vehicle, for each additional one – the equivalent or € 5000 in BGN. The financial stability condition is with if the financial stability index value (“fs”) is greater than or equal to one. The financial stability will be demonstrated upon Community license application or renewal.
- Branch in the Republic of Bulgaria – This condition provides the undertaking has an actual establishment according to Article 5 of REGULATION (EC) No 1071/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 October 2009 laying down common rules on the conditions to be with the continuation of occupation or road transport operators and repealing Council Directive 96/26 / EC. If the road transport company does not have its own or leased workshop, it must be entrusted to an agency providing these facilities the repair and maintenance of the vehicles, carrying out the transports. The requirement for establishment within the Republic of Bulgaria is demonstrated on the basis of the declaration (Annex 9a).
The bank guarantee must meet the following requirements:
1. It must be issued in favor of the person applying for the license;
2. with a notice period or at least one year ;
3. may not be changed or canceled without the approval of the Motor Vehicle Administration;
4. it should be issued by a domestic bank which has been acquired by a banking institution issued by the Bulgarian National Bank, or by a bank having such a license from a competent governmental body of an EU Member State.
The insurance contract must meet the following requirements:
1. Must have the insurance under Section II, letter A, points 3, 8, 9, 13 and 16 or Appendix 1 of the Bulgarian Insurance Code; the insured property must belong to the person requesting the license;
2. the sum insured may not be lower than the capital the haulier has at their disposal;
3. the insurance period must be at least 1 year.
The applicant should submit the application (Appendix No 6) to the Minister of Transport, Information Technology and Communications for issuing the Community License for International Carriage of Passengers and Goods along with the following documents:
- Documents according to Art. 6 Par.7 on financial security, demonstrating the existence of the necessary funds ;
- Certificate of good conduct or the managing director;
- Copy of the professional competence certificate of the undertaking – this is provided if the certificate has been issued by a competent body or another EU country;
- Declaration a private or rented parking space with exact address;
- Copy of the employment contract or the managing director;
- Copy of the accepted and rejected information from the National Revenue Agency according to Article 62 Paragraph 4 of the Bulgarian Labor Code regarding the managing director;
- Declaration on establishment within the Republic of Bulgaria in accordance with Annex 9a.
The application may also be signed with a qualified electronic signature and submitted electronically in accordance with the Electronic Documents and Signatures Act.
Within 30 calendar days from the filing of the documents, the Minister of Transport, Information Technology and Communications or a person authorized by them shall issue or refuse the issuing of the community license to exercise international passenger and goods carriage and their certified transcripts, should a license be granted.
In the event of a change in circumstances, the undertaking must inform the Agency for the Administration of Motor Vehicles in written form within 30 days.
The community license is valid for 5 years. The license and its certified copies are personal and cannot be transferred. The renewal of the community license may be requested before the expiration of the old one with a renewal application in accordance with Annex 11a of the Regulation. This application, according to Paragraph 3, may also be filed electronically with a qualified electronic signature according to the Electronic Documents and Signatures Act.
It should be noted that there are additional requirements for the freight forwarder / driver to be with after the issue of the Community license for the practice of international passenger and goods carriage. It should also be mentioned that companies carrying freight with their own lorries up to 12 tons (ie on their own expense and with company goods) do not need a license for this activity.
We can assist you with the whole procedure.