S.L. 499.65 чл. 13Duty to supervise, review, approve, suspend, revoke. Temporary licence in case of non- compliance with requirement of financial fitness.

(1) If there is serious doubt whether a railway undertaking licensed by the Authority is in compliance with the requirements of these regulations, and in particular with those of regulation 8, the Authority may, at any time, check whether that railway undertaking is in fact in compliance with these regulations. For the purposes of this regulation, the Authority may demand the submission of all documents, evidence or other proof it may require in order to ascertain that the railway undertaking is in conformity with these regulations. The Authority shall also be entitled to access a railway undertaking’s books, databases and premises in so far as such access is necessarily required for this purpose.

(2) Where the Authority is satisfied that a licensed railway undertaking can no longer meet the requirements of these regulations, and in particular those of regulation 8, it shall suspend or revoke the licence with immediate effect.

(3) Where the Authority is satisfied that there is serious doubt regarding compliance with the requirements laid down in these regulations on the part of a railway undertaking which has been licensed by a licensing authority in another Member State, it shall inform the latter authority without delay.

(4) Notwithstanding the provisions of sub-regulation (2), where a licence is suspended or revoked on grounds of non-compliance with the requirement for financial fitness, the Authority may grant a temporary licence pending the reorganization of the railway undertaking, provided that safety is not jeopardized. A temporary licence shall not, however, be valid for more than six months after its date of issue. For the purposes of this regulation, the Authority may require the assistance of other Member States’ licensing authorities and of infrastructure managers responsible for railway infrastructure in terms of the Directive of the European Parliament and of the Council of 21 November 2012 in order to ensure that the provision of a temporary licence does not jeopardize railway safety.

(5) Where a railway undertaking has ceased operations for a period of six months or has not started operations six months after the grant of a licence, the Authority shall suspend the licence or require that the licence be resubmitted for approval: Provided that railway undertakings may apply to the Authority for an extension of the period established in this sub-regulation. In this regard, the Authority shall only uphold such request if it is satisfied that such extension is necessary, regard being had to the specific nature of the services to be provided by the railway undertaking.

(6) In the event of a change affecting the legal situation of an undertaking and, in particular, in the event of a merger or takeover, the Authority may require that the licence be resubmitted for approval. The railway undertaking in question may continue operations, unless the Authority decides that safety is jeopardized; in that event, the reasons for such a decision shall be given. For the purposes of this regulation, the Authority may require the assistance of other Member States’ licensing authorities and of infrastructure managers responsible for railway infrastructure in terms of the Directive of the European Parliament and of the Council of 21 November 2012 in order to ascertain whether allowing the railway undertaking to continue operations following the change affecting its legal situation may jeopardize railway safety.

(7) Where a railway undertaking intends to significantly change or extend its activities, its licence shall be resubmitted to the Authority for review.

(8) The Authority shall not permit a railway undertaking against which bankruptcy or similar proceedings are commenced to retain its licence unless it is convinced that there is realistic prospect of satisfactory financial restructuring within a reasonable period of time.