Last update 22.11.2018
The Community licence enables transport operators to undertake the transport of passengers by road on a for-hire basis in all of the European Economic Area and in Switzerland. The original licence must be kept in the company's headquarters. Certified copies of the licence must be kept aboard the buses/coaches.
In order to obtain a Community licence for the transport of passengers by road, each transport operator must first have been granted access to the profession through a business permit from the Ministry of the Economy's General Directorate for SMEs and Entrepreneurship (Direction générale PME et Entrepreneuriat).
Transport operators can then request access to the market with a Community licence for the international transport of passengers by road, granted by the Ministry of Sustainable Development and Infrastructure's Department of Transport.
Who is concerned
Any natural or legal person can apply for a Community licence for the transport of passengers by road on a for-hire basis in any Member State of the European Economic Area (EEA).
In order to carry out the occupation of road passenger transport operator, applicants must hold a business permit for road haulage or passenger transport operators and therefore have to:
- provide proof of professional integrity;
- provide proof of their financial capacity, i.e. prove that they have the necessary financial resources to correctly start up and ensure the proper management of their activity by providing a surety or guarantee from a banking or other financial establishment;
- provide proof of professional competence, i.e.:
- either have a certificate of successful completion of the final exam completing the training course attesting the knowledge acquired;
- or provide proof of 10 years' professional experience with a carrier, acquired before 2009 (applies to the Community applicant who provides an EC certificate indicating his professional experience in another Member State as a manager of a transport company);
- have a permanent establishment in Luxembourg.
How to proceed
Application for a Community licence
In order to carry out the international transport of passengers by road, the applicant must first obtain a business permit granted by the Ministry of the Economy's General Directorate for SMEs and Entrepreneurship.
After having received the business permit, the transport operator has to submit the original application for a Community licence, by mail or in person, to the Department of Transport (at the Guichet licences) at the Ministry of Sustainable Development and Infrastructure (ministère du Développement durable et des Infrastructures).
For transports from or to countries other than those in the European Economic Area (EEA) or Switzerland, it is recommended to first contact the Ministry of Sustainable Development and Infrastructure, Directorate of Public Transport, in order to find out if this type of transport is authorised under a bi- or multilateral agreement and if a special authorisation is needed.
Documents to be submitted with the application
The application for a Community licence for the international transport of passengers by road must be accompanied by the following documents:
- the "Gérant Technique" (technical manager) form;
- annex A: relevé du personnel (staff summary sheet);
- annex B: relevé des véhicules loués (summary sheet of hired vehicles);
All documents, i.e., the Community licence application and the 3 supporting documents, have to be duly completed and signed by the transportation company's technical manager before sending them to the Department of Transport (Guichet licences) at the Ministry of Sustainable Development and Infrastructure.
Annex A: the transport operator's staff summary sheet
The technical manager must list and certify all of the managing staff (manager(s) and partner(s)) as well as the transport operator's employees (drivers, administrative and maintenance staff) who are registered with the Luxembourg Joint Social Security Centre. The managing staff and employees registered with a foreign social security body must submit a copy of the form A1 completed and certified by the social security body concerned.
In addition, the technical manager must certify that:
- all staff listed in annex A is legally employed by the transport operator;
- the contractual relationship between the transport operator and their staff is compliant with Luxembourg and EU legislation in terms of labour law and employment law;
- the collective agreement is respected;
- the staff is registered with the Luxembourg Inland Revenue (administration des Constributions directes).
Vehicles registered in Luxembourg and belonging to the transport operator established in Luxembourg or made available to him under a hire or leasing contract can only be driven by the staff legally employed by the transport operator holding a Community licence. Non-compliance with these obligations will be regarded as an act of unfair competition by the Ministry of Sustainable Development and Infrastructure.
Annex B: vehicles hired by the transport operator
Vehicles belonging to the transport operator or made available to him under a leasing contract are directly checked by the Ministry of Sustainable Development and Infrastructure in the national directory of road vehicles.
In addition, the technical manager must certify that annex B lists all of the vehicles the company hired that are approved, by virtue of their type and equipment, for the transport of more than 9 people including the driver.
For vehicles made available to the transport operator under a hire contract, a copy of the hire contract and of the registration certificate (carte grise) must be attached to the application.
Moreover, transport operators established in Luxembourg can only provide transport services with a certified copy of the Community licence and any other transport authorisation if they have registered and presented for a technical inspection in Luxembourg all vehicles owned, hired or leased by them.
This obligation is mandatory and non-compliance will be regarded as an act of unfair competition by the Ministry of Sustainable Development and Infrastructure which will compromise, at least in part, the transport operator's integrity and is likely to result in the full or partial administrative withdrawal of all transport authorisations.
Forms / Online services
Demande relative à la licence communautaire - Transport international de voyageurs par route
Fiche du gérant technique (V/GT) - Transport international de voyageurs par route
Annexe A - Relevé du personnel (V/A) - Transport international de voyageurs par route
Annexe B - Relevé des véhicules de location apte à transporter plus de 9 personnes (V/B) - Transport international de voyageurs par route
Who to contact
General Directorate - SMEs, Entrepreneurship and the Internal Market (authorisations of establishment)
B.P. 535 - L-2937 Luxembourg
Phone : (+352) 247-74700Fax : (+352) 247-74701The telephone helpline is open Monday to Friday, from 13.00 to 17.00 (not on public holidays).