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Van Der Jagt CLECAT - 1st Session

The document outlines compulsory conditions, registration requirements, and license requirements for freight forwarders across several European countries. It details requirements such as experience, financial guarantees, respectability checks, registration with commercial registers or directories, and qualifications or exams needed.

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0% found this document useful (0 votes)
40 views8 pages

Van Der Jagt CLECAT - 1st Session

The document outlines compulsory conditions, registration requirements, and license requirements for freight forwarders across several European countries. It details requirements such as experience, financial guarantees, respectability checks, registration with commercial registers or directories, and qualifications or exams needed.

Uploaded by

cecilia
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Access conditions to the profession of freight forwarder in Europe

Country Compulsory conditions Registration requirements Licence requirements Complementary conditions Legal basis
1- Experience Licence of “transport - Law of
In the last 6 years, at least: intermediary” or “freight 26/06/1967
 5 uninterrupted years in a forwarder”, granted to the
company holding a license, or company. - Royal Decrees of
 3 years if 2-year training followed, 18/07/1975,
or 16/11/1990,
 2 years if 3-year training followed 10/07/1992
or if University diploma held, or
 6 months if professional exam of
FF passed, or if certificate of
professional capacity in transport
+ complementary exam on
Belgium specific FF activities
2- Financial guarantee
 € 12.394,68 per licence (with a
max of € 123.946,8)
3- Respectability
 Proof of good moral conduct by
public authority
 No criminal conviction
4- Other
 Certificate of professional
knowledge to be held by the
person ensuring the daily
management of the company
Registration at the Bulgarian Registration at the Bulgarian None
Commercial Register as required for Commercial Register as
Bulgaria
any Bulgarian owned company. required for any Bulgarian
owned company.
In order to enter the Danish market
Denmark
for national road haulage, hauliers

1
must be legally established as a legal
entity in Denmark, and permits for
national or international road haulage
are issued only on the basis of
compliance with General Agreements
between the parties of the labour
market, including contractual wage.
In France the activity as a freight The professional qualification Professional qualification is Applicants younger than 25 years old Décret 90-200 du 5
forwarder is regulated and subject to is being certified by the being certified to people who must prove they have fufilled their mars 1990,
several conditions: ‘préfet de région’. The have either passed a written obligations with regard to the
 Being listed in the commercial requirements are: exam or possess an national service (conscription) Directive CEE
register.  Possession of a level III appropriate professional [suspended in France in 1996]. 82/470 du 29 juin
 Being listed in the register of diploma ‘diplôme de experience or can provide 1982,
freight forwarders. The niveau III (bac +2)’ i.e. related diplomas.
registration is conditional, the specialisation in LOTI du 30
requiring the qualification for the transport, and at least décembre 1982,
profession and respectability. 200 hours of
management Article L1411-1 of
experience. the Transport Code,
 Passing a specific written
exam; Décret du 27 mai
France
 Having worked in the 2010 – in
management of a transposition of
transport company for 5 Directive
consecutive years not 2006/123/EC,
more than 3 years prior
to applying for the CERFA N°
certificate. 11414*04.

Respectability is defined as
not having been sentenced in
accordance to bulletin No 2
of the criminal record.
The requirement to prove
one’s financial capability has

2
been abolished by the
‘décret n°2010-561 du 27
mai 2010’.
No specific registration as Specific conditions exist if freight
freight forwarder. forwarders act as road carriers or rail
operators.
For any newly-established
Germany
company, announcement of
foundation of a company to
be made before the local
authority
1. Respectability: Bureau of the enterprise Law 14/11/1941,
Legal representative and, in case is register verifies the n. 1442
different, technical expert must: compliance to the and following
 Be in possession of civil rights compulsory conditions, and amendaments;
 Have moral requisites gives the qualification of
freight forwarding company Decree of the
2.Competence/Experience (There is no longer an Official Ministry for
Compliance with one of the following: Directory) Development
 High school diploma in business 26/10/2011
 University degree or diploma in
law or economics Decre of Republic
Italy
 Professional experience in the President
transport sector: at least 2 of the 14/12/1999 n. 558
last 5 years in a forwarding agent
company

3. Financial guarantee
Capital “undersigned and paid” equal
to € 100 000 and if less, provide
guaranty for the difference (between
capital and €100 000) through bank or
insurance company.
No specific registration as a No specific licence as freight
Netherlands
freight forwarder is forwarder. Companies acting

3
necessary. as Customs agent by
representation need a
Registration as company or licence under the condition
independent in the Registry that the owner of the
of the Chamber of company has not been
Commerce convicted for fiscal fraud in
the last 3 years.
Freight forwarding services may be One has to be registered as It is mandatory to obtain a The other mandatory requirements The proceedings
rendered by entrepreneurs only. an entrepreneur in the license for so called services for freight forwarders are the same and requirements
National Court Register of intermediary in road as for road carriers (as far as the are based on EU
(private and public transport of goods. In order certificate of competence is Regulation 1071
companies) or in the Central to obtain this, a freight concerned and so on). notwithstanding it
Registry and Information of forwarder has to prove that is not applicable to
Entrepreneurs (private they are in possession of at freight forwarders
Poland individuals). Registration in least €50 000. The license who are not actual
the latter is free of charge. may be granted for a period carriers at the same
from 2 to 50 years upon a time.
petition filed with the local
authority by the
entrepreneur who wants to
render freight forwarding
services.
1- Professional aptitude License granted (if the
 Obtained through specific aforementioned conditions
examination under the are fulfilled) by the DGTT,
jurisdiction of DGTT (national under delegation of
board for transports – authority Transport Ministry, to the
for forwarders) company and technical
Portugal  The first examination is carried directors
out through APAT (Portuguese
Association of Freight Forwarders)
2- Financial guarantee
 € 50.000 for capital
 Civil liability insurance of €
100.000

4
3- Respectability
 No criminal record for managers,
board members and technical
directors
1- aptitude, proven in three ways: Registration of small business Licence (both personal and Specific regimes apply to: - Commercial Code
 High school degree + at least 2- (both personal and as a as a company), granted by  Customs debt insurance
year experience in freight company) on a small the district office / small guarantees - Act on small
forwarding sector, or business register in the small business department,  Customs clearance services businesses
 University degree + at least 1-year business office covering warehousing and  Some forwarding activities (Act
experience in freight-forwarding transport intermediation on postal services) - General freight-
sector, or or (can also be registered  Dangerous goods (national forwarding
Slovakia
 Action as freight-forwarding independently) haulage) conditions of
company’s manager for at least 5 Registration (both personal  Transport of over-sized loads Slovakian freight-
years and as a company) on a (Act on road transport) forwarding
company register in the  Transport of food-stuffs (Act on association
2- Respectability administrative court food-stuffs and food-stuffs code)
 No criminal record  Transport of living animals (Act
on veterinary accuracy)
1- Professional aptitude Registration, as a company, - Law 16/1987 on
 Examination to be taken before on the Company Register the organisation of
the regional authority held by Transport surface transport,
administration of the Art. 126
2- Respectability regional authority
 Declaration of respectability - Royal Decree
Spain
1211/1990, Art.
3- Other 167-170
 The company must be in line with
social and fiscal taxes
 The company must show the local
licence for its premises
No specific registration as  Information on environment and
freight forwarder conditions to set up a business in
Sweden Sweden can be found at:
http://www.isa.se
 Anyone engaged in commercial

5
activities will normally be under
an obligation to keep accounts.
 If a commercial activity is carried
out under a name, that name
may be registered and thereby
protected (on the relevant
market).
 Certain forms of companies,
particularly those with limited
liability are subject to specific
rules on decision making,
responsibility and surveillance.
They must be registered with the
Swedish Patent & Registration
Office.
Application of common rules on Article 439 of Swiss
transport of dangerous goods Code of Obligations
Switzerland regulates contract
freight forwarder-
customer
1- Professional aptitude  Chamber of commerce NB: several permits are Law 25384 of
 Receive professional qualification (all companies) required depending on the 25/02/2004
training activities performed. They
 Hold professional qualification  Chamber of shipping are all granted by the
certificate (after examination) (sea freight) Ministry of transport

2- Respectability  Ministry of transport 1- Permit of “transport


Turkey  No criminal record (road transport) organiser” for forwarders
acting as carriers
 Civil aviation authority  Minimum capital of
(air freight) €170.000
 Valid 5 years against fee
of €115.000
2- Permit for “agents”
 Minimum capital of

6
€20.000
 Valid 5 years / fee of
€3350
3- Permit for
“commissioners”
 Minimum capital of
€23.000
 Valid 5 years / fee of
€3350
4- Permit for “logistics
operators” (warehousing and
distribution services)
150 tonnes of fleet capacity /
2500 m² warehouse, 200 m²
offices
 Minimum capital of
€170.000
 Valid 5 years / fee of
€115.000
There are no compulsory conditions to No specific registration as a There are no specific Ability to undertake customs
set up as a freight forwarder operating freight forwarder is required. licencing requirements for activities is usually linked to some
in the UK beyond that required of any Those businesses defined a s freight forwarders (truck form of guarantee or undertaking
other business in the UK. company have to register operators have to apply for accompanied by evidence of
UK with Companies House giving the appropriate commercial standing and the
details of shareholders, authorisation to operate as a director’s good repute. There are
business activities etc. haulier and maintain a CPC) specific conditions related to:
 Handling dangerous goods
 Transport related security
There is no specific legal condition No specific registration as Licence for intermediate Law 755-IV of
stipulated by normative act to operate freight forwarder activity of customs broker is 15/05/2003 for
as freight forwarder. For any newly-established required compulsory
Ukraine company, registration in the registration for any
executive authority, State company and
statistics and tax entrepreneur.
administration.

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