CHAPTER III

LICENSING OF RAILWAY UNDERTAKINGS
SECTION 2

Conditions for obtaining a licence

Requirements relating to good repute
Article 19
Member States shall define the conditions under which the requirement of good repute is met to ensure that an undertaking applying for a licence or the persons in charge of its management:
1. have not been convicted of serious criminal offences, including offences of a commercial nature;
2. have not been declared bankrupt;
3. have not been convicted of serious offences set out in specific legislation applicable to transport;
4. have not been convicted of serious or repeated failure to fulfil social or labour law obligations, including obligations under occupational safety and health legislation, and customs law obligations in the case of a company seeking to operate cross-border freight transport subject to customs procedures;
5. have not been convicted of serious offences resulting from obligations arising in accordance with national law from binding collective agreements, where applicable.
Substituted by Directive (EU) 2016/2370 of the European Parliament and of the Council of 14 December 2016 amending Directive 2012/34/EU as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure (Text with EEA relevance).
Inserted by Directive (EU) 2016/2370 of the European Parliament and of the Council of 14 December 2016 amending Directive 2012/34/EU as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure (Text with EEA relevance).