Procedure : 2004/0048(COD)
Document stages in plenary
Document selected : A6-0315/2007

Texts tabled :


Debates :

PV 24/09/2007 - 17
CRE 24/09/2007 - 17

Votes :

PV 25/09/2007 - 6.16
Explanations of votes
Explanations of votes

Texts adopted :


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11 September 2007
PE 392.145v02-00 A6-0315/2007

on the joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council on the certification of train drivers operating locomotives and trains on the railway system in the Community

(PE-CONS 3636/2007 – C6-0213/2007 – 2004/0048(COD))

European Parliament delegation to the Conciliation Committee

Delegation chairman: Alejo Vidal-Quadras

Rapporteur: Gilles Savary



on the joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council on the certification of train drivers operating locomotives and trains on the railway system in the Community

(PE-CONS 3636/2007 – C6-0213/20072004/0048(COD))

(Codecision procedure: third reading)

The European Parliament,

–   having regard to the joint text approved by the Conciliation Committee (PE-CONS 3636/2007 – C6-0213/2007),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2004)0142),

–   having regard to its position at second reading(2) on the Council common position(3),

–   having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2007)0080),

–   having regard to Article 251(5) of the EC Treaty,

–   having regard to Rule 65 of its Rules of Procedure,

–   having regard to the report of its delegation to the Conciliation Committee (A6-0315/2007),

1.  Approves the joint text;

2.  Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

3.  Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

4.  Instructs its President to forward this legislative resolution to the Council and Commission.


OJ C 227 E, 21.9.2006,


Texts adopted, 18.1.2007, P6_TA(2007)0004.


OJ C 289 E, 28.11.2006, p. 42



The proposal for a directive on the certification of train drivers operating locomotives and trains on the railway system in the Community was tabled by the Commission on 3 March 2004. The purpose of the directive is to lay down the conditions and procedures for the certification of train crews operating locomotives and trains, and it also specifies the tasks for which the competent authorities of the Member States, train drivers and other stakeholders in the sector, in particular railway undertakings, infrastructure managers and training centres, are responsible.

This directive is one of the Commission's four proposals known as the 'Third Railway Package'. The three other proposals in the package were the regulation on the rights and obligations of passengers, the directive on the development of the Community's railways and the regulation on rail freight services. Parliament rejected the proposal concerning the latter regulation at first reading on 25 October 2006.

Parliament completed its first reading on 28 September 2005. The Council adopted its common position on 14 September 2006. Parliament adopted 32 amendments to the Council common position at second reading on 18 January 2007.

The amendments that Parliament adopted at second reading concerned the following issues: comitology, consultation of the social partners, technical specifications for interoperability (TSIs), certificates and licences, the tasks of the competent authority, the financing of professional training, the scope of the directive and its entry into force.

The conciliation procedure

The Council subsequently indicated informally that it could not accept all the amendments and that the conciliation procedure would therefore have to be opened.

Parliament's delegation to the Conciliation Committee held its first meeting on 14 February 2007, in Strasbourg. The delegation members decided that the three railways dossiers should be treated as a package in conciliation, in line with the procedure adopted at the outset for the other stages of the legislative process. They also asked Mr Vidal-Quadras, Mr Costa, the chairman of the committee responsible, and the rapporteurs, Mr Savary, Mr Sterckx and Mr Jarzembowski, to begin informal negotiations.

The negotiating team reported back to Parliament's delegation on 14 March, 25 April and 23 May on the three trialogues which took place on 13 March, 24 April and 15 May. During the first phase of the negotiations the Council accepted Parliament's position concerning comitology, in particular with regard to the regulatory procedure with Parliament scrutiny (enhanced comitology procedure). Satisfactory progress was made on other aspects, in particular agreements with the social partners, certificates and licences, the role of the competent authority, TSIs, the financing of training and the directive's entry into force.

However, differences remained on other points, in particular the inclusion of other crew members performing safety-related tasks within the scope of the directive. In addition, there was still a discussion concerning the urgent procedure followed by the Commission in connection with comitology.

The Conciliation Committee met on the evening of 5 June 2007. Parliament was represented by Mr Vidal-Quadras, Vice-President, Mr Costa, chairman of the committee responsible, Mr Savary, rapporteur for this dossier, and Mr Sterckx and Mr Jarzembowski, rapporteurs for the other two dossiers coming under the Third Railway Package.

The Council was represented by Mr Tiefensee, the German Federal Minister of Transport, Building and Urban Affairs, and the Commission by Vice-President Barrot. The meeting was adjourned shortly before midnight, since the committee had been unable to reach a final agreement. The committee decided to continue the negotiations at a further trialogue, which took place in Strasbourg on 19 June.

On the same day, Parliament's delegation was informed of the draft agreement stemming from this trialogue and unanimously approved the compromise text proposed jointly by the rapporteur and the Council Presidency on the dossier concerning train drivers.

Since Coreper indicated its agreement on 20 June with the compromise on the Third Railway Package, the conciliation procedure was concluded by an exchange of letters between the Council Presidency and the chairman of Parliament's delegation.

The main points of the agreement can be summarised as indicated below.

Comitology – urgent procedure: Parliament managed to ensure that the Commission may use the urgent procedure under comitology only in two areas, namely the choice of examiners and examinations for train drivers, and the adaptation of the annexes to the directive to reflect scientific and technological progress.

Inclusion of other crew members within the scope of the directive: Parliament secured agreement that no later than 30 months after the directive enters into force the Commission is to submit a report on crew members performing safety-related tasks. If necessary, the Commission will be required to table a legislative proposal concerning such crew members.


The Third Railway Package, of which the dossier concerning the certification of train drivers forms part, is a major step forward in Community transport legislation. The draft directive on train drivers, in fact, represents the transposition into Community law of the first European sectoral agreement between railway companies and railway unions.

The agreement reached at the end of the conciliation procedure includes the main points in the amendments adopted by Parliament at second reading. The delegation accordingly recommends that Parliament approve the joint text at third reading.



Joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council on the certification of train drivers operating locomotives and trains on the railway system in the community


PE-CONS 3636/2007 – C6-0213/20072004/0048(COD)

Delegation chairman:

Alejo Vidal-Quadras

Committee responsible


Paolo Costa


Gilles Savary


Commission proposal

Proposal for a Directive of the European Parliament and of the Council concerning the certification of train crews operating locomotives and trains on the Community's rail network – COM(2004)0142 – C6-0002/2004

Date of Parliament’s first reading
– P number



Amended Commission proposal


Council common position
  Date announced in plenary

5893/5/2006 – C6-0310/2006


Commission position
(Article 251(2), subpara 2, indent 3)


Date of Parliament’s second reading
– P number



Commission opinion
(Article 251(2), subpara 3, point (c))


Date Council received 2nd reading


Date of Council letter on non-approval of Parliament amendments


Conciliation Committee meetings





Date of vote by Parliament delegation


Result of vote







Members present

Gabriele Albertini, Inés Ayala Sender, Etelka Barsi-Pataky, Paolo Costa, Michael Cramer, Christine De Veyrac, Saïd El Khadraoui, Mathieu Grosch, Stanisław Jałowiecki, Georg Jarzembowski, Anne E. Jensen, Jörg Leichtfried, Bogusław Liberadzki, Josu Ortuondo Larrea, Willi Piecyk, Reinhard Rack, Gilles Savary, Brian Simpson, Dirk Sterckx, Alejo Vidal-Quadras Roca,

Substitute(s) present

Emanuel Jardim Fernandes, Rosa Miguélez Ramos, Dieter-Lebrecht Koch, Renate Sommer, Corien Wortmann-Kool

Date of agreement in Conciliation Committee


Agreement by exchange of letters



Date on which the co-chairman established that the joint text had been approved and forwarded it to Parliament and the Council


Date tabled


(available in one language only)



Deadline for second reading by Council


Deadline for convening the Committee
  Requesting institution – date

Deadline for work in the Committee
  Requesting institution – date

PE 29.6.2007

Deadline for adopting the act

        Requesting institution – date

PE 29.6.2007

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