According to Art. 2 Par.1 of 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 thereof issued by the Bulgarian Minister of Transport, Information Technology and Communications or one of the officials, authorized by them.
A Community license to carry out international transport shall be issued to an operator under the following conditions:
- Reliability (good repute) - The requirements of reliability are fulfilled if the manager of the transport activity of the transport undertaking has not been convicted of a criminal offence and their right to perform the transport activity has not been deprived of by a court sentence.
- Professional competence - The requirements for competence are deemed to be met if the manager of the activity can demonstrate knowledge and experience gained through education or in practice, has successfully passed examinations in certain disciplines and has at least a high school diploma. Those who have successfully passed the exam referred to in paragraph 1 will obtain a certificate of professional competence by the Managing Director of the Motor Vehicle Administration or by a person authorized by them. The certificate is for an indefinite time period. The professional competence tests are carried out at the Agency for the Administration of Motor Vehicles. The requirements for competence are also fulfilled if the manager of the transport company is in possession of such a certificate issued by a competent body in an EU country. The transport activity should be carried out effectively and at all times by a person in possession of a certificate of competence. A person who can prove their competence by means of a certificate cannot manage more than two transport companies for the international carriage of passengers and goods.
- Financial standing and stability - Financially stable is an undertaking that has sufficient resources to guarantee the commencement and existence of the transport operation; the amount for this is € 9000 in BGN for the first motor vehicle, for each additional - the equivalent of € 5000 in BGN. The requirement for financial stability is met if the index value of financial stability ("fs") is higher than or equal to one. Undertakings, whose index for financial stability is lower than one and / or have liabilities for tax and insurance contributions are classified as financially unstable; an exception to this is the case in which these deferred or installment payments have been agreed in accordance with the provisions of the Tax and Social Procedure Code. Financial stability will be demonstrated upon application or renewal of the Community license.
- Branch in the Republic of Bulgaria - This condition provides that the undertaking is holding 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 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. If the road haulage company does not have its own or rented workshop, it must entrust the repair and maintenance of the vehicles, carrying out the transports, to an undertaking offering such services. 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 of 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 acquired a license to operate as a banking institution issued by the Bulgarian National Bank in accordance with the Act for Credit Institutions, 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 of 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 of 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 of another EU country;
- Declaration a private or rented parking space with exact address;
- Copy of the employment contract of 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, pursuant 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 after the issue of the community license for the practice of international passenger and goods carriage there are additional requirements for the freight forwarder / driver which must be observed.
It should also be noted that companies that exercise freight transport with their own lorries up to 12 tons (i.e. on own expense and with company goods) do not need a license for this activity.