How should transport providers navigate the approval jungle?

There are now many licences that determine the everyday life of transport, forwarding and logistics service providers. Whether it be the
Authorized Economic Operator, the holder of the community licence, the German transport permit (GüKG permits), the status as a
regulated agent under air security law or any other public controlled status, the requirements are different and are usually only
temporarily granted.

The application to the competent authority is only the first step in each case. Obtaining the authorisation or permit is just as important.
As a rule, these licences are only issued for a specific person or company and are, therefore, not transferable. Depending on the type of
company, even minor changes in the company can have serious consequences.

If certain information provided in the permit procedure changes after the permit has been issued, the company must usually notify the
authorities.

In addition, the deadlines for reporting any changes are sometimes quite short. For community licences or GüKG permits, changes must
be reported to the competent authority within 28 days and proof must be provided upon request.

Authorities do not communicate regularly with each other. Therefore, every change must be reported to each authority separately.
It is advisable not only to check regularly that all data is still up to date, but also to ensure that all authorities are informed promptly of
any changes. In the case of planned changes in the company, the company should check in advance that these changes will not
jeopardise existing permits and authorisations. While a new status finds its way quite quickly into business papers, e-mail signatures
and homepages, it is often overlooked that attaining the status requires further obligations.

Simply naming the approval on the internet is not enough and often leads to a fine. This is because the German Telemedia Act (TMG)
requires that the responsible supervisory authority be named if the service is offered or provided as part of an activity that requires
official authorisation.

For further information on this topic please contact Carsten Vyvers.

Click here for the International Law Office original article in English (for Lexology subscribers).