ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of April 23, 2025 No. 230

About approval of the Regulations on establishment of certain aspects of the procedure of issue of permissions to rail haulings to the railway companies and about modification of the Order of the Government No. 792/2023 about approval of Rules of certification of drivers of locomotives

Based on part (4) article 22 of the Code of rail transport No. 19/2022 (The official monitor of the Republic of Moldova, 2022, Art. No. 45-52, 57), with subsequent changes, this resolution partially shifts Implementation regulations (EU) 2015/171 of the Commission of February 4, 2015 about some aspects of the procedure of licensing of activities of the railway companies (CELEX: 32015R0171), published in the Official magazine of the European Union by L 29 of February 5, 2015, the Government DECIDES:

1. Approve Regulations on establishment of certain aspects of the procedure of issue of permissions to rail haulings to the railway companies it (is applied).

2. In the Order of the Government No. 792/2023 about approval of Rules of certification of drivers of locomotives (The official monitor of the Republic of Moldova, 2023, No. 483, of the Art. 1199) to make the following changes:

2.1. add the resolution with Item 1-1 of the following content:

"1-1. Before accession of the Republic of Moldova to the European Union:

1.1. the card of the certificate of the driver of the locomotive provided in Item 1 of appendix No. 1 to Rules of certification of drivers of locomotives shall be manufactured of material of other, than polycarbonate;

1.2. the material used for production of the rights to driving shall be protected from counterfeit thanks to at least one additional element of safety installed in the subitem 2) of Item 5 of application No. 1 to Rules of certification of drivers of locomotives.";

2.2. in Item 8 of appendix No. 1 of the word of "body in the field of rail transport" shall be replaced with words "the central industry body in the field of rail transport";

2.3. in the paragraph the second appendices No. 8 of the word of "body in the field of rail transport" shall be replaced with words "the head of the central industry body in the field of rail transport".

3. To impose control over the implementation of this resolution on the Ministry of infrastructure and regional development.

Approved by the Order of the Government of the Republic of Moldova of April 23, 2025 No. 230

Regulations on establishment of certain aspects of the procedure of issue of permissions to rail haulings to the railway companies

I. General provisions

1. The regulations on establishment of certain aspects of the procedure of issue of permissions to rail haulings to the railway companies (further - the Provision) regulate certain aspects of the procedure of issue of permissions to rail haulings and establish details for use of single standard form of those permissions.

2. For the purpose of this provision the concepts provided in the Code of rail transport No. 19/2022, are used and also the following concept is applied:

the body issuing permissions to rail haulings - Board of the railroad.

II. Use of single standard form of permissions to rail haulings

3. Permissions to rail haulings are issued to the railway companies according to provisions of article 22 of the Code of rail transport No. 19/2022 according to the standard forms established by appendices No. 1 and 2.

4. In case of issue of new permission the Board of the railroad shall assign it number of the notification SE on permission according to the harmonized numbering system called by the European identification number.

5. Every time in case of issue of permission to rail haulings or in case of modification of it the Board of the railroad shall constitute permission to rail haulings according to the form established in this Provision.

6. The board of the railroad notifies the Agency of the European railroad, having sent it the copy of the issued permission.

7. Data on insurance sum within civil responsibility insurance shall be specified in the appendix to permission to rail haulings which is drawn up on the standard form established in appendix No. 2. The board of the railroad shall apply this appendix to permission. The corresponding appendix needs to assign number one (1).

8. Based on information provided in the appendices concerning responsibility on obligatory civil liability insurance according to provisions of appendix No. 2, Board of the railroad checks whether the insurance coverage amount according to the insurance contract of the civil responsibility signed by the railway company is sufficient.

9. If the Board of the railroad considers insufficient the insurance coverage amount according to the insurance contract of the civil responsibility, it has the right to request from the railway company of the conclusion of the additional insurance contract of the civil responsibility. The railway company shall provide in the body issuing permission, required information on the signed insurance contract of the civil responsibility.

10. If the Board of the railroad considers sufficient the insurance coverage amount, it shall inform on it the Agency of the European railroads, having updated the operating application or having added new appendix to permission, using the standard form provided in appendix No. 2, and assigns to this appendix the corresponding sequence number (2, 3, 4, etc.).

11. Each appendix concerning civil responsibility insurance shall contain the insurance coverage amount, the territory of action and term of insurance. Number of permission is specified in each appendix for establishment of accurate communication with the railway company having permission to rail haulings. If the Board of the railroad is informed on change of information on civil responsibility insurance, then it constitutes the updated application and presents him in the Agency of the European railroads.

12. Permissions to rail haulings are issued free of charge according to provisions of appendix No. 1 to the Law No. 160/2011 on regulation of business activity by permission.

13. Rules of issue of permissions to rail haulings extend to the same extent to all railway companies.

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