(Codecision procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2004)0142)(1) ,

–   having regard to Articles 251(2) and 71 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0002/2004),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Transport and Tourism (A6-0133/2005),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and Commission.

(1) Not yet published in OJ.

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee(1) ,

Having regard to the opinion of the Committee of the Regions(2) ,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3) ,

Whereas:

(1)  Directive 2004/49/EC (4) requires infrastructure managers and railway undertakings to establish their safety management systems in such a way that the railway system is at least able to achieve the common safety objectives and comply with the national safety regulations and safety requirements defined in the Technical Specifications for Interoperability and that the relevant parts of the Joint Safety Methods are applied. These safety management systems provide , among other things, for staff training programmes and systems which ensure that staff competence is maintained and that duties are performed in the appropriate manner.

(2)  Directive 2004/49/EC provides that, to be able to gain access to railway infrastructure, a railway undertaking must hold a safety certificate.

(3)  Under Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways(5) , licensed railway undertakings have, since 15 March 2003, a right of access to the trans-European freight network and, from 2008 at the latest, to the entire international freight services network. Furthermore, in the framework of the second railway package, it is proposed to extend this right of access to the whole network for international rail freight services and for all types of rail freight services. This gradual extension of access rights will inevitably lead to an increase in cross-border rail freight traffic. The result will be a growing demand for drivers trained and certified for cross-border services.

(4)  A study carried out by the Commission in 2002 highlighted the fact that the laws of the Member States on the certification conditions for train drivers differ considerably . Community rules for the certification of train drivers need to be adopted to overcome these differences while maintaining the present high level of safety of the Community railway system.

(5)  Such Community rules must also contribute to the aims of Community policies on the freedom of movement of workers, freedom of establishment and freedom to provide services in the context of the common transport policy, while avoiding any distortion of competition.

(6)  To guarantee the necessary uniformity and transparency, the Community should establish a single certification model in two parts: the basic licence, attesting to compliance with certain requirements and basic fitness and competence to drive trains, and a harmonised complementary certificate attesting to technical knowledge and knowledge specific to the service. The Member States should be responsible for issuing the basic licence, and railway undertakings should be responsible for issuing the harmonised complementary certificate. These documents should be mutually recognised by the Member States.

(7)  This Directive follows and is largely based on the "historic" agreements reached on 27 January 2004 between the social partners: the Community of European Railways (CER) and the European Transport Workers" Federation (ETF) on the "European licence for drivers carrying out a cross-border interoperability service" and on 'certain aspects of the working conditions of mobile staff engaged in cross-border services' (6) .

(8)  The common provisions on certification must make it easier for train drivers to move from one Member State to another, but also from one railway undertaking to another, and generally for the licence and the harmonised complementary certificate to be recognised by all railway sector stakeholders, while promoting improved training and employment for the staff concerned . To this end, it is essential that the provisions establish minimum requirements which applicants must meet to obtain the basic licence and the harmonised complementary certificate.

(9)  In the context of the gradual opening of rail infrastructure and increased competition among railway undertakings, the training capital of train drivers should be preserved by guaranteeing the mutual recognition of their training so as to make it easier for them to find employment by introducing common standards.

(10)  The requirements for obtaining licences and certificates should cover at least the minimum age for driving a train, the applicant's medical and psychological fitness, professional experience and knowledge of certain matters relating to driving a train, and a knowledge of the infrastructures on which drivers will be required to travel.

(11)  The tasks and requirements defined in Annexes I to VI of this Directive may be revised to bring them into line with technical and scientific progress. As technical requirements, these annexes must be fully compatible with the Technical Specifications for Interoperability (TSIs) and must be revised in accordance with the procedures laid down by Directives 96/48/EC (7) and 2001/16/EC (8) on interoperability and in full compliance with Regulation (EC) No 881/2004 (9) , in particular Articles 3, 4, 6, 12 and 17 thereof on the role of the social partners.

(12)  This Directive must not prejudice the implementation of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(10) , nor of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(11) .

(13)  All of the information contained in the licence, the harmonised complementary certificate and the registers must be used by the national safety authorities to facilitate evaluation of the staff certification provided for in Articles 10 and 11 of Directive 2004/49/EC and to speed up the issuing of the safety certificates provided for in the same articles.

(14)  The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(12) .

(15)  Member States must provide for inspections and penalties appropriate to infringements of the national provisions for implementing this Directive.

(16)  For rail transport to continue to operate effectively, train drivers who are already working in their profession before the entry into force of this Directive must retain their acquired rights during a transition period.

(17)  The replacement of national rules on the certification of train drivers by the provisions of this Directive should be completed gradually and in such a way as to entail the least possible burden on railway undertakings and infrastructure managers. Those entities should, to that end, be called upon in particular to determine how experience acquired should be taken into account for the purposes of issuing licences and certificates under this Directive.

(18)  Since a common regulatory framework for the certification of train drivers and train crews operating locomotives and trains for the carriage of passengers and goods cannot be set up by the Member States, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve these objectives,

HAVE ADOPTED THIS DIRECTIVE:

Subject matter, scope and definitions

Article 1

Subject matter

This Directive lays down the conditions and procedures for the certification of train drivers and train crews operating locomotives and trains on the Community's rail network. For this purpose, it also specifies the tasks for which the competent authorities of the Member States, the train drivers and other stakeholders in the sector, in particular the railway undertakings, infrastructure managers and training centres, are responsible.

The employment of train drivers and train crews certified in accordance with this Directive shall not exonerate railway undertakings and infrastructure managers from their obligation to set up a system of monitoring and internal control of the competence and conduct of their train drivers and train crews pursuant to Article 9 of and Annex III to Directive 2004/49/EC . The certificate shall not relieve either the railway undertaking or the infrastructure manager of its responsibility as regards safety and, in particular, the training of its staff.

Article 2

Definitions

(g)  "Agency" means the European Railway Agency established by Regulation (EC) No 881/2004 ;

Article 3

Scope

The purpose of this Directive is the certification of train drivers and train crews operating locomotives and trains on the Community's rail network for a railway undertaking requiring a safety certificate or an infrastructure manager requiring a safety authorisation.

Certification of train drivers

Article 4

Community certification model

1.  All train drivers shall have the necessary fitness and qualifications to drive trains and shall hold the following documents:

a)   a licence identifying the train driver and the authority issuing the certificate and stating the duration of validity. The licence shall be the property of the train driver and shall be issued, on application, to train drivers who satisfy the minimum requirements as regards medical and psychological fitness, basic education and general professional skills. The licence shall comply with the requirements of Annex I;

b)   a harmonised certificate stating that the holder has received additional training in the framework of the railway undertaking's safety management system or, in the case of train drivers employed by the infrastructure manager, that of the latter, indicating the infrastructures on which the holder is authorised to drive and the rolling stock which the holder is authorised to drive. The harmonised certificate shall comply with the requirements of Annex I.

2.  The harmonised complementary certificate shall authorise driving in either or both of the following categories:

3.  With regard to the licence referred to in paragraph 1(a), the general system for the recognition of professional qualifications established by Council Directive 92/51/EEC (13) , shall still apply to the recognition of the professional qualifications of train drivers who are nationals of a Member State and have obtained their training certificate in a third country. Train drivers whose professional qualifications are recognised on this basis shall have to be issued certificates in accordance with this Directive.

Article 5

Issuing bodies

1.  The licence referred to in Article 4(1)(a) shall be issued by the competent authority referred to in Article 2(a). The competent authority may delegate this task only under the terms provided for in Article 17.

2.  The harmonised certificate referred to in Article 4(1)(b) shall be issued by the railway undertaking which employs the train driver or, where appropriate, by the infrastructure manager.

Article 6

Mutual recognition

1.  Once train drivers have the licence and the harmonised complementary certificate issued in accordance with this Directive, they may drive trains provided that the railway undertaking or the infrastructure manager responsible for the transport in question has a safety certificate or a safety authorisation, and only on the network covered both by the harmonised complementary certificate and by the safety certificate, or the safety authorisation.

2.  Licences issued by a Member State in accordance with this Directive shall be mutually recognised by the other Member States.

Conditions and procedure for obtaining the licence and the harmonised complementary certificate

Article 7

Minimum requirements

To obtain the licence, applicants shall satisfy the minimum requirements set out in Articles 8, 9 and 11(1) and (2).

To obtain the harmonised complementary certificate, applicants shall hold a licence and satisfy the minimum requirements set out in Articles 10 and 11(1), (3) and (4).

Without prejudice to Article 6, a Member State may apply more stringent requirements with regard to the issuing of licences on its own territory.

Article 8

Minimum age

Applicants shall be at least 20 years of age. However, Member States may issue licences to applicants from the age of 18 years, the validity of such a licence then being limited to the territory of the issuing Member State.

Article 9

Training and basic skills

1.  Applicants shall have received basic training equivalent to level 3 as referred to in Council Decision 85/368/EEC of 16 July 1985 on the comparability of vocational training qualifications between the Member States of the European Community (14) and satisfy the requirements laid down in Annex III.

2.  Applicants shall provide confirmation of their physical and mental fitness by passing a medical examination conducted by a medical doctor recognised by the competent authority. The examination must cover at least the criteria indicated in Annex III, points 2.1 and 4.

3.  Applicants shall demonstrate their psychological fitness by passing an examination conducted or supervised by a psychologist or doctor recognised by the competent authority. The examination shall cover at least the criteria indicated in Annex III, point 2.2.

4.  The basic linguistic knowledge criterion referred to in Annex III, point 5, shall be met and shall be checked whenever train drivers have to travel on new infrastructures involving new linguistic requirements.

Article 10

Professional experience

Without prejudice to Article 6, a Member State may, on its territory, require applicants to provide evidence of at least two years' professional experience in category A, as referred to in Article 4(2)(a), before they are able to move on to category B .

Without prejudice to Article 6, at least three years" professional experience in category B (as referred to in Article 4(2)(b)) shall be required in order to move on to a cross-border transport service.

Article 11

Professional qualifications

1.  Applicants shall have undergone a full programme of training as described in Annex IV, point 1, which consists of a part relating to the licence and a part relating to the harmonised complementary certificate. The training method shall satisfy the criteria in Annex IV, points 2 and 3.

2.  Applicants shall have passed an examination testing their general knowledge of their profession; this examination shall cover at least the general subjects listed in Annex V.

3.  Applicants shall have passed an examination testing their professional knowledge relating to the rolling stock for which the harmonised complementary certificate is being applied for; this examination shall include at least the general subjects listed in Annex VI.

4.  Applicants shall have passed an examination testing their professional knowledge relating to the infrastructures for which the harmonised certificate is being applied for. This examination shall cover at least the general subjects listed in Annex VII. Where appropriate, the examination shall also cover linguistic knowledge in accordance with Article 9(4).

Article 12

Application for the licence

1.  The competent authority shall publish the procedure to be followed for obtaining a licence, together with the necessary forms.

2.  All licence applications shall be lodged with the competent authority by the candidate train driver's employer or by the candidate train driver.

3.  Applications submitted to the competent authority may concern:

Article 13

Granting of the licence

The competent authority shall issue the licence no later than three weeks after receiving all the necessary documents.

The licence shall be in the official language(s) of the Member State issuing it. The licence must be renewed every five years.

The licence shall be the property of the train driver and shall be issued in a single original. Any reproduction of the licence, other than by the competent authority in the case of a request for a duplicate, shall be prohibited.

Article 14

Minimum monitoring requirements

1.  In order to keep the licence and the harmonised certificate, holders shall undergo periodic examinations and/or tests relating to the requirements referred to in Articles 9 and 11. The following minimum frequency shall be observed:

For each of these periodic checks the railway undertaking shall affirm by a statement in the harmonised certificate and in the register provided for in Article 20 that the train driver has met these requirements.

2.  For the purpose of maintaining the harmonised complementary certificate, railway undertakings and infrastructure managers shall, in the context of their safety management systems set up pursuant to Article 9 of Directive 2004/49/EC, adopt measures (such as driving under supervision) and lay down periods of validity regarding skills relating to rolling stock, lines and - where necessary - languages so that train drivers do not use the lines and/or vehicles covered by their harmonised complementary certificates beyond those periods.

Article 15

Cessation of employment

When a train driver ceases to be employed by a railway undertaking or infrastructure manager , it shall inform the competent authority without delay.

The licence shall remain valid without prejudice to Article 14.

The harmonised complementary certificate shall become invalid on cessation of employment. Nevertheless, in accordance with Article 20(2), the railway undertaking concerned shall be required to keep a record of that certificate in its register. Train drivers shall keep a certified copy of the harmonised complementary certificate which they hold.

They may submit this certificate to any new railway undertaking or infrastructure manager so that it can adapt its training with a view to issuing a fresh harmonised complementary certificate.

Article 16

Amendments and withdrawals

1.  If there is any change in a train driver's state of health likely to call into question their fitness for the job and the continuation of their licence or harmonised complementary certificate, the employer or the train driver, as appropriate, shall inform the competent authority without delay

2.  If the competent authority finds or is informed that a train driver no longer satisfies one or more requirements , it shall immediately withdraw the licence and immediately inform the party concerned and their employer of its reasoned decision, without prejudice to the right of appeal provided for in Article 19. The suspension shall be temporary or permanent depending on the scale of the problems created for rail safety. The competent authority shall update the register provided for in Article 20. As soon as it is informed, the employer shall withdraw the harmonised certificate, either temporarily or permanently, depending on the reasons given by the competent authority. The employer shall update the register provided for in Article 20.

If an employer finds that a train driver no longer satisfies one or more requirements, it shall immediately withdraw the harmonised certificate and immediately inform the party concerned and the competent authority of its reasoned decision. The employer shall update the register provided for in Article 20.

3.  Member States shall ensure that in cases where a licence or harmonised complementary certificate is withdrawn provision is made for an independent assessment and, where appropriate, reinstatement procedure. The employee concerned may request this procedure.

4.  Member States shall take all the necessary steps to avoid the risks of falsification of certificates and tampering with the register provided for in Article 20. Employers shall be required to ensure and to check that the licences and complementary certificates of their train drivers in service are valid.

Tasks and decisions of the competent authority

Article 17

Tasks of the competent authority

1.  The competent authority shall fulfil its tasks in a transparent and non-discriminatory manner.

It shall respond quickly to requests for information and present any requests for additional information without delay during the preparation of the licences.

2.  The tasks of competent authority shall include:

3.  The competent authority may delegate or subcontract the tasks referred to in paragraph 5 to third parties provided that such tasks can be carried out by the authorised representative or subcontractor without any conflict of interest.

Tasks shall be delegated in a transparent and non-discriminatory manner.

4.  When the competent authority delegates or subcontracts tasks to a railway undertaking, at least one of the following two conditions shall be complied with:

5.  The tasks referred to in (a) to (e) may be delegated subject to the conditions attached to them:

6.  When a competent authority delegates or subcontracts tasks, the authorised representative or subcontractor shall be required, in performing such tasks, to comply with the obligations imposed on the competent authorities by this Directive.

7.  When a competent authority delegates or subcontracts tasks, it shall set up a system for checking whether these tasks have been carried out, which will enable it to make sure that the conditions laid down in paragraphs 3 and 4 are being complied with.

8.  The testing of professional knowledge relating to the rolling stock and infrastructures shall be carried out by the railway undertaking.

Article 18

Accreditation and recognition

Tasks may be delegated under Article 17 only to persons or bodies already accredited by the competent authority or by an accreditation body appointed by the Member State. The accreditation process shall be based on the criteria of competence, independence, impartiality and absence of any conflict of interest and on the evaluation of a dossier submitted by candidates which provides appropriate evidence of their skills in the area in question.

The Member State shall ensure publication and updating of a register of persons and bodies accredited under this Directive.

Without prejudice to paragraph 1, a Member State may stipulate that a person or body recognised under this Directive must be recognised by the competent authority or a body designated by the Member State. Recognition shall be based on criteria of independence, skill, and impartiality. However, where a very rare special skill is involved, an exception may be made to that rule subject to a favourable opinion delivered by the Commission in accordance with the procedure provided for in Article 31.

Article 19

Decisions of the competent authority

1.  The competent authority shall state the reasons for its decisions.

2.  The competent authority shall set up an administrative appeals procedure allowing employers and train drivers to request a review of a decision relating to any application as referred to in Article 12 or any withdrawal as referred to in Article 16(2).

3.  Member States shall take the necessary steps to ensure juridical review of the decisions taken by a competent authority.

Article 20

Registers and exchange of information

1.  The competent authorities shall be required to:

2.  The railway undertakings shall be required to:

3.  The competent authorities shall cooperate with the Agency in order to ensure the interoperability of the registers. To this end the Commission shall adopt, in accordance with the procedure referred to in Article 31(2) , and on the basis of a draft prepared by the Agency, the basic parameters of the registers to be set up, such as the particulars to be recorded, their format and the data exchange protocol.

4.  The competent authorities shall make sure that the registers which they set up under paragraph 1 and the modes of operation of such registers comply with Directive 95/46/EC.

5.  The Agency shall make sure that the system set up under paragraph 2(a) and (b) complies with Regulation (EC) No 45/2001.

6.  Train drivers must have access at all times to the data concerning them stored in the registers of competent authorities and of railway undertakings and must be provided with a copy of that data on request.

Training of train drivers

Article 21

Training

1.  The procedure to be followed with a view to obtaining the licence provided for in Article 12(1) shall include the training programme needed to comply with the professional qualification requirements referred to in Article 11.

The objectives of this training are defined in Annex V. They may be supplemented:

a)   either by the relevant technical specifications for interoperability;

b)   or by the criteria proposed by the Agency pursuant to Article 17 of Regulation (EC) No 881/2004 and adopted by the Commission in accordance with the procedure referred to in Article 31(2).

2.  The procedure to be followed to obtain the harmonised certificate is specific to each railway undertaking. The objectives of the training programme are set out in Article 11 and, more particularly, in Annexes VI and VII.

3.  Pursuant to Article 13 of Directive 2004/49/EC , Member States shall take steps to ensure that train drivers have fair and non-discriminatory access to the training needed to fulfil the conditions for obtaining the licence and the complementary harmonised certificate.

Article 22

Financing of training

Railway undertakings and infrastructure managers shall be contractually responsible for professional training, both basic training and in-service training.

A railway undertaking or infrastructure manager employing a train driver whose training has been funded in whole or in part by another railway undertaking or infrastructure manager which the train driver has left voluntarily after less than five years' employment shall refund to that undertaking or infrastructure manager the cost of that training.

The detailed rules for implementing this provision shall be established on the basis of a recommendation drawn up by the Agency in the framework of Article 17 of Regulation (EC) No 881/2004.

Article 23

Examinations

The examinations and examiners intended for the purpose of checking the requisite professional qualifications shall be determined when laying down the procedure to be followed to obtain the licence provided for in Article 12(1) and the harmonised complementary certificate. These examinations shall be overseen by selection boards made up of examiners who are competent, independent, impartial and free from any conflict of interest. Examiners checking the competences required for a licence shall be accredited in accordance with Article 18 .

The choice of examiners and examinations shall be governed by Community criteria proposed by the Agency and adopted by the Commission under the procedure laid down in Article 31(2) . In the absence of such Community criteria, the competent authorities shall establish national criteria.

Assessment

Article 24

Quality standards

The competent authorities shall ensure that all tasks associated with training, assessment of skills, updating of licences and complementary certificates are the subject of continuous monitoring under a quality standards system designed to guarantee the achievement of the objectives set out in this Directive with regard to basic requirements and professional qualifications.

Article 25

Independent assessment

1.  An independent assessment of the procedures for the acquisition and assessment of knowledge, understanding, skills and competence, and of the system for the issuing of licences and harmonised complementary certificates, shall be carried out in each Member State at intervals of not more than five years. The assessment shall be carried out by qualified persons who are not themselves involved in the activities concerned.

2.  The results of these independent assessments shall be duly documented and brought to the attention of the competent authorities concerned. If need be, Member States shall take appropriate measures to remedy any shortcomings brought to light by the independent assessment.

Certification of train crews

Article 26

Provisions applicable to train crews

All members of the train crew shall be in possession of a certificate issued by a competent authority in accordance with the provisions of this Article.

By 1 January 2009, the Agency shall consider the profiles and tasks of train crew members in the light of their respective effects on transport safety. The Agency shall, in the framework of Article 17 of Regulation (EC) No 881/2004, draw up recommendations concerning the certification of train crews consistent with this Directive and with uniform European qualification standards.

On the basis of these recommendations, the Commission shall adopt a certification scheme for train crews in accordance with the procedure referred to in Article 31(2). Once adopted, the scheme shall become an integral part of this Directive and shall be set out in an annex to it.

Until the scheme is adopted, the relevant TSIs adopted pursuant to Directives 96/48/EC and 2001/16/EC shall apply to train crews.

In the absence of such Community rules, the competent authorities shall establish and publish the minimum requirements to be met.

Inspections and penalties

Article 27

State controls

1.  The competent authority may at any time take steps to verify, on board trains operating in its area of jurisdiction, that the driving personnel are in possession of the documents issued pursuant to this Directive.

2.  Notwithstanding verification as provided for in paragraph 1, train drivers may be required to demonstrate their competence in the event of negligence at the workplace. Such a demonstration may consist, in the main, in verifying compliance with the requirements set out in Article 11(3) and (4).

3.  The competent authority may carry out administrative enquiries regarding compliance with this Directive by train drivers, railway undertakings, infrastructure managers, assessors and training centres pursuing their activities in their areas of jurisdiction.

4.  If a competent authority considers that a licence issued by a competent authority in another Member State fails to comply with the relevant criteria, it may approach that authority and request either that a further inspection be carried out or that the licence be withdrawn. The authority that issued the licence in question shall undertake to examine the request within three weeks and to notify the other authority of its decision.

5.  If a competent authority considers that a complementary certificate fails to comply with the relevant criteria, it may approach the railway undertaking and request either that a further inspection be carried out or that the complementary certificate be withdrawn.

6.  If a Member State considers that a decision taken by a competent authority in another Member State pursuant to paragraph 4 fails to comply with the relevant criteria, the matter shall be referred to the Commission which shall deliver its opinion within three months. If necessary, corrective measures shall be proposed to the Member State concerned. In the event of disagreement or dispute, the matter shall be referred to the Committee mentioned in Article 31(1) , and the Commission shall take whatever measures are necessary in accordance with the procedure referred to in Article 31(2) .

Article 28

Penalties

The Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate, non-discriminatory and dissuasive. The Member States shall notify the Commission of those provisions by the date specified in Article 34 at the latest and shall notify it without delay of any subsequent amendment affecting them.

Final provisions

Article 29

Derogations

Article 30

Amendments to the annexes

The Annexes shall be adapted to scientific and technical progress, in accordance with the procedure referred to in Article 31(2) , whilst fully respecting the procedures and powers conferred by Regulation (EC) No 881/2004, in particular Articles 3, 4, 6, 12 and 17 thereof .

The social partners shall be involved in this adaptation process in the context of the sectoral dialogue committee established by Decision 98/500/EC (15) .

Article 31

Committee

1.  The Commission shall be assisted by the Committee set up by Article 21 of Directive 96/48/EC .

2.  Where reference is made to this paragraph, the regulatory procedure laid down in Articles 5 and 7 of Decision 1999/468/EC shall apply, in compliance with Article 8 thereof.

The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months.

3.  The Committee shall adopt its rules of procedure.

Article 32

Report

The Agency shall evaluate the development of the certification of train drivers in accordance with this Directive and other developments in the Member States concerning the management of the competence of train drivers . It shall submit to the Commission, not later than 1 January 2009 , a report containing, where appropriate, improvements to be made to the system as regards the procedures for issuing licences and harmonised complementary certificates, the accreditation of training centres and assessors, the quality system put in place by the competent authorities, the mutual recognition of certificates and mobility in the employment market.

The Commission shall take appropriate measures on the basis of these recommendations and shall propose, if necessary, changes to this Directive.

Article 33

Cooperation

Member States shall assist one another in the implementation of this Directive.

Article 34

Transposition

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2006 at the latest. They shall forthwith inform the Commission thereof .

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.  Member States shall communicate to the Commission the text of the essential provisions of national law which they adopt in the field covered by this Directive, together with a table showing how the provisions of this Directive correspond to the national provisions adopted .

Article 35

Gradual phasing-in

1.  This Directive shall be phased in gradually in stages as indicated below.

2.  At the request of any Member State, the Commission shall ask the Agency to carry out, in consultation with the Member State so requesting, a cost / benefit analysis of the application of this Directive to train drivers and train crews operating exclusively on the territory of that Member State. The cost / benefit analysis shall cover a period of 10 years and shall be submitted to the Commission by the end of the stage mentioned in paragraph 1(a).

If the cost / benefit analysis shows that the costs of applying this Directive to such train drivers and train crews outweigh the benefits, the Commission shall, in accordance with the procedure referred to in Article 31(2), adopt a decision within 6 months of submission of the cost / benefit analysis. That decision may exempt such train drivers and train crews from the application of paragraph 1(c) and (d) for up to 10 years.

3.  A transition period shall be established, being the period commencing on the date of entry into force of this Directive and ending two years following the Decision on the basic parameters contained in the registers, as provided for in Article 20. During the transition period, Member States may certify train drivers in accordance with the provisions which applied prior to the entry into force of this Directive in the case of train drivers who were working in their profession or who started an approved education and training programme or an approved training course prior to the entry into force of this Directive.

4 .  Member States shall replace, before 2015, all certificates issued prior to the entry into force of this Directive and during the above transition period by licences and harmonised complementary certificates in conformity with this Directive, without prejudice to paragraph 2 .

5 .  All train drivers duly certified in accordance with the provisions which applied prior to the entry into force of this Directive may continue to pursue their professional activities until 2010 in the case of cross-border services, and until 2015 in other cases. This Directive does not confer any mutual recognition rights on the relevant certificates, albeit without prejudice to the general mutual recognition scheme set up under Directive 92/51/EEC which shall continue to apply until the end of the transition period.

6.  The Agency may at any time examine the possibility of using a smartcard instead of the licence and harmonised complementary certificate provided for in Article 4. Such a smartcard would have the advantage of combining these two items in one and at the same time could be used for other applications either in the area of security or for train driver management purposes. Where appropriate, the Commission shall adopt, in accordance with the procedure referred to in Article 31(2) and on the basis of a draft prepared by the Agency, the technical and operating specifications for such a smartcard.

Article 36

Entry into force

This Directive shall enter in force on the day following that of its publication in the Official Journal of the European Communities.

Article 37

Addressees

This Directive is addressed to the Member States.

Done at Strasbourg,

For the European Parliament For the Council

The President The President

ANNEX I

COMMUNITY MODEL LICENCE AND COMPLEMENTARY CERTIFICATE

1.  Characteristics of the licence

The physical characteristics of the train driver's licence must be in conformity with ISO standards 7810 and 7816-1.

The methods for verifying the characteristics of the driving licences to ensure that they are consistent with international standards must comply with ISO standard 10373.

2.  Contents of the licence

3.  Harmonised complementary certificate

4.  Data contained in national registers

14.  Data relating to checking the requirements set out in Article 8;

15.  Data relating to checking the requirements set out in Article 9;

16.  Data relating to checking the requirements set out in Article 10;

17.  Data relating to checking the requirements set out in Article 11(1) and (2);

18.  Data relating to periodic checks – Article 14.

19.  Data relating to the railway undertaking (authorised rolling stock – Article 11(3), authorised services, training relating to the safety management system);

20.  Data relating to checking the requirements set out in Article 11(4): authorised infrastructure (refer to the register of infrastructure provided for in Article 24 of Directives 96/48/EC and 2001/16/EC);

21.  Data relating to periodic checks – Article 14.

ANNEX II

Duties of train drivers

1.  Before departure, carrying out the prescribed checks in particular in relation to the functioning and load capacity of the vehicle.

2.  Helping to check the effectiveness of the brakes.

3.  Driving locomotives in a proper and safe manner with due regard to signals, speed limits and schedules.

4.  Operating the safety deadman circuit and the train controlling system, and observing and operating instruments.

5.  Recognising and identifying technical and operational faults and unusual incidents in good time, and, when required, inspecting carriages and wagons for damage and defects, protecting the train and summoning assistance.

6.  Rectifying minor faults and taking steps to initiate repair work in the event of more serious faults to vehicles.

7.  Shunting the train safely.

8.  Dealing with routine records and submitting concise written, oral or computerised reports on unusual incidents.

ANNEX III

BASIC REQUIREMENTS

1.  Qualifications

2.  Minimum content of the examination before appointment

2.1  Medical examinations

-   an ECG at rest;

2.2  Psychological examinations

The purpose of the psychological examinations is to assist the railway undertaking in the appointment and management of staff who have the cognitive, psychomotor, behavioural and personality skills to perform their duties safely.

3.  Periodic examinations after appointment

In addition to the frequency indicated in Article 14(1), the occupational physician must increase the frequency of examinations if the health of the member of staff so requires.

3.1  Minimum content of the periodic medical examination after appointment

In addition, an ECG at rest is also required for train drivers over 40 years of age.

3.2  Validation of physical fitness

Physical fitness shall be checked regularly and after any occupational accident or any period of leave following an accident involving persons . The occupational physician or the medical service of the undertaking can decide to carry out an additional medical examination, particularly after a period of 30 days" sick leave. The employer can ask the accredited physician to check the physical fitness of the train driver if the employer had to withdraw the train driver from service for safety reasons.

At no time during their service must train drivers be under the influence of any substance which is likely to affect their concentration, attention or behaviour.

4.  Medical requirements

4.1  General requirements

4.2  Vision

4.3  Hearing requirements

4.4  Pregnancy

In the event of poor tolerance or a pathological condition, pregnancy must be considered to be a reason for the temporary exclusion of train drivers. The occupational physician (as defined above) must ensure that the legal provisions protecting pregnant workers are applied.

4.5  Special health criteria for train drivers

4.5.1  Vision

4.5.2  Hearing and speaking requirements

5.   Language tests

Staff responsible for controlling rail traffic must be able to use the messages and communication method described in the "Operations" TSI.

Train drivers and other staff of railway undertakings who have to communicate with the infrastructure manager on critical safety issues must have language skills in the language indicated by the infrastructure manager concerned. Their language skills must be such that they can communicate actively and effectively in routine, adverse and emergency situations.

ANNEX IV

PROFESSIONAL QUALIFICATIONS

General programme and training method

1.  Introduction

2.  Training method

There should be a good balance between theoretical training (classroom and demonstrations) and practical training (on-the-job experience, driving with and without supervision).

Computer-aided training is accepted for individual learning of the operational rules, signalling situations, etc. However, simulators of the latest generation should be used.

The use of simulators may be useful for the effective training of train drivers; they are particularly useful for reducing the driving time on the infrastructure, training to deal with abnormal situations and further training on new types of locomotives.

Concerning the acquisition of route knowledge, the approach to be favoured is where the train driver accompanies another train driver for a number of journeys along the route, both in daylight and at night. Videos of the routes as seen from the driver's cab can be used as an alternative training method.

3.  Examination

There must be theoretical and practical examinations at the end of the training course.

Assessment of driving ability is normally made in driving tests on the network. Simulators may also be used for examining the application of operational rules and the train driver's performance in particularly difficult situations.

ANNEX V

EXAMINATION ON GENERAL PROFESSIONAL KNOWLEDGE

General matters

ANNEX VI

EXAMINATION OF PROFESSIONAL KNOWLEDGE OF ROLLING STOCK

After completing specific training on rolling stock, train drivers must be able to carry out the following tasks.

1.  Tests and checks prior to departure

2.  Knowledge of rolling stock

3.  Testing the brakes

4.  Operating mode and maximum speed of the train in relation to the line characteristics

5.  Driving the train in a way which does not damage installations or vehicles

6.  Anomalies

7.  Operating incidents and accidents, fires and accidents involving persons

8.  Conditions for continuing running after an accident involving rolling stock

9.  Immobilisation of the train

Train drivers must be able to take measures to ensure that the train does not start up unexpectedly, even in the most difficult conditions.

ANNEX VII

EXAMINATION OF PROFESSIONAL KNOWLEDGE OF INFRASTRUCTURE

Matters relating to infrastructure

1.  Testing the brakes

Train drivers must be able to check, before departure, that the train's actual braking power corresponds to the braking power required for the line as specified in the vehicle documents.

2.  Type of operation and maximum train speed according to the line characteristics

3.  Knowledge of the line

Train drivers must be able to anticipate problems and react appropriately in terms of safety and performance. They must therefore have a thorough knowledge of the railway lines and installations on their route and of any equivalent routes agreed on.

4.  Safety regulations

5.  Driving the train

6.   anomalies

7.  Operating incidents and accidents, fires and accidents involving persons

(1) OJ C 221, 8.9.2005, p. 64. (2) OJ C 71, 22.3.2005, p. 26. (3) Position of the European Parliament of 28 September 2005. (4) Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95/18/EC on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive) (OJ L 164, 30.4.2004, p.44). (5) OJ L 237, 24.8.1991, p. 25 . Directive as last amended by the 2003 Act of Accession. (6) OJ L 195, 27.7.2005, p. 18. (7) Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system (OJ L 235, 17.9.1996, p. 6). Directive as last amended by Directive 2004/50/EC of the European Parliament and of the Council (OJ L 164, 30.4.2004, p. 114). (8) Directive 2001/16/EC of the European Parliament and of the Council of 19 March 2001 on the interoperability of the trans-European conventional rail system (OJ L 110, 20.4.2001, p. 1). Directive last amended by Directive 2004/50/EC. (9) Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (OJ L 164, 30.4.2004, p. 1). (10) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1). (11) OJ L 8, 12.1.2001, p. 1. (12) OJ L 184, 17.7.1999, p. 23. (13) OJ L 209, 24.7.1992, p. 25. Directive as last amended by Commission Decision 2004/108/EC (OJ L 32, 5.2.2004, p. 15). (14) OJ L 199, 31.7.1985, p.56. (15) Commission Decision 98/500/EC of 20 May 1998 on the establishment of Sectoral Dialogue Committees promoting the Dialogue between the social partners at European level (OJ L 225, 12.8.1998, p. 27). Decision last amended by the Act of Accession of 2003. (16) In particular: - mechanical structures - braking system - suspension and attachment equipment - running gear - safety equipment. (17) In particular: - collection of current and high-voltage systems - tanks, fuel supply system, exhaust equipment - traction chain, motors and transmission - communication equipment (ground-to-train radio, etc.).