Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | CODE | SAVARY Gilles (PSE) | |
Opinion | EMPL | ||
Lead | TRAN | SAVARY Gilles (PSE) | |
Lead | TRAN | SAVARY Gilles (PSE) |
Legal Basis EC Treaty (after Amsterdam) EC 071
Activites
- 2007/12/03 Final act published in Official Journal
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2007/10/23
Final act signed
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2007/10/23
End of procedure in Parliament
- #2819
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2007/09/26
Council Meeting
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2007/09/25
Decision by Parliament, 3rd reading
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T6-0402/2007
summary
The European Parliament adopted a resolution on the joint text approved by the Conciliation Committee for a directive on the certification of train drivers operating locomotives and trains on the railway system in the Community. The main points of the agreement can be summarised as follows: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.
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T6-0402/2007
summary
- 2007/09/24 Debate in Parliament
- 2007/09/11 Report tabled for plenary, 3rd reading
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2007/07/31
Final decision by Conciliation Committee
- 03636/2007
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2007/06/05
Formal meeting of Conciliation Committee
- #2802
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2007/05/24
Council Meeting
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2007/01/18
Decision by Parliament, 2nd reading
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T6-0004/2007
summary
The European Parliament voted on the "third rail package" - three separate reports on opening up rail networks to competition (COD/2004/0047), minimum rights for passengers (COD/2004/0049) and a European licence for train drivers (COD/2004/0048.). Wide differences remain between Parliament and the Council, and this legislation is now expected to go to conciliation. In this report by Gilles Savary (PES, FR) on certification of crews, Parliament basically followed the recommendations of its competent committee. The key change from the common position is that Parliament insists that crew members (and not only train drivers) performing safety-related tasks should be in possession of a certificate attesting that they meet minimum requirements relating to medical fitness, basic education and general professional skills.For the key amendments, please refer to the summary dated 19/12/2006.)
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T6-0004/2007
summary
- 2007/01/17 Debate in Parliament
- 2006/12/22 Committee recommendation tabled for plenary, 2nd reading
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2006/12/19
Vote in committee, 2nd reading
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2006/09/28
Committee referral announced in Parliament, 2nd reading
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2006/09/14
Council position published
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05893/5/2006
summary
The Council accepted in full 3 amendments made by the European Parliament. The common position is similar to a further 29 amendments or close to the spirit in which they were drafted. The common position lays down the conditions and procedures for the certification of train drivers operating locomotives and trains on the railway system in the Community. It 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. Moreover, the proposal sets minimum requirements for physical and mental fitness, obligatory periodic checks and the description of skills a driver must have. The draft Directive will apply to train drivers only. Other train crew on board locomotives and trains who participate directly or indirectly in driving and/or in other safety critical tasks will not be covered by its provisions. It also contains a specific procedure for temporary exemption from its scope of domestic drivers who only circulate within the borders of the Member States.The key points are as follows:Exclusion of other staff: the scope of the Commission’s proposal covered the certification of drivers and of other train crew on board locomotives and trains who participate directly or indirectly in driving and/or in other safety critical tasks. The European Parliament's first reading suggested the inclusion of train crews within the scope of the draft Directive and the addition of a mechanism for certification. However, in its Common Position, the Council limits the scope of the draft Directive to train drivers. While not opposing the principle of certification of "other crew", the Council considers such an extended scope as premature as it is not known which personnel will fall into such a category, nor is it known which tasks they shall perform. Consequently, a provision has been added to the draftDirective giving the European Railway Agency the task of drawing up a report identifying the profile and tasks of such other staff. This report shall be presented two years after the entry into force of the Directive. The Council has also included a special provision safeguarding the free circulation of freight trains throughout the territory of the EU;Certification of "domestic drivers": in accordance with the Commission’s proposal, the Council decided to apply the provisions of this draft Directive to all train drivers within the Community. This implies that domestic drivers who only circulate within the borders of a Member State are also included within its scope. However, the Council decided that a Member State may request from the Commission that the European Railway Agency carry out a cost / benefit analysis of the application of the provisions in the Directive to train drivers operating exclusively on the territory of that Member State. If this analysis shows that the costs of the application of the provisions contained in the Directive to such train drivers outweigh the benefits, the Commission shall adopt a decision within 6 months following the submission of the results of this cost / benefit analysis. The decision may provide that the Directive does not have to be applied to domestic train drivers for a period of up to 10 years on the territory of the Member State concerned. The European Parliament shares Council's views in that respect and adopted a similar amendment. Gradual phasing in: the Commission suggests a phasing-in period in three stages, spread over the years 2006 to 2015. Parliament followed the Commission's approach, but decided to advance the dates by one year. The Council follows the Commission's three step approach in principle, but does not tie the individual stages to fixed dates. The phasing-in (the delivery of "new" licences and/or certificates in conformity with this Directive), which the Council adopted, starts from the date on which the necessary national registers will have been set up:§ Phase 1 - after 1 year: application to new drivers - involved in cross-border services, cabotage or freight services in another Member State, or working in more than one Member State - and to drivers that already worked on those services, but who require a new licence or certificate;§ Phase 2 - after 3 years: application to all drivers who need a new licence or certificate;§ Phase 3 - after 8 years: application to all drivers.A flanking provision ensures that a driver may continue driving on the basis of his existing entitlements, until the provisions of paragraph 34.2 a), b) or c) apply.
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05893/5/2006
summary
- #2747
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2006/07/24
Council Meeting
- #2695
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2005/12/01
Council Meeting
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2005/09/28
Results of vote in Parliament
- Results of vote in Parliament
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T6-0355/2005
summary
The European Parliament adopted a resolution drafted by Gilles SAVARY (PES, FR) and made several amendments to the Commission’s proposal. (Please see the document of 19/04/2005.) In addition to the points listed in that summary: -Parliament clarified the definitions of "train driver" and "train crew".-it deleted category C in the harmonised complementary certificate.-at least three years" professional experience in category B is required for operation of a cross-border transport service.-Minimum monitoring requirements include medical examinations every three years up to the age of 55 (rather than 60), thereafter every year. It also includes knowledge of infrastructure (including routes and operating rules) : every two years or after any absence from the route concerned of more than one year ; knowledge of rolling stock: every two years and updating of general professional knowledge and knowledge of traffic and safety provisions by way of continuing training: every year.-Parliament inserted a new clause on the tasks of the competent authorities. These include issuing licences following checks that all the conditions laid down in this Directive have been met, on the basis of the requisite documents to be submitted by applicants, and key inspection tasks. -Parliament also inserted a new clause on the financing of training and stated that 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 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 will be established on the basis of a recommendation drawn up by the Agency in the framework of Regulation 881/2004/EC.
- 2005/09/27 Debate in Parliament
- 2005/05/03 Committee report tabled for plenary, 1st reading/single reading
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2005/04/19
Vote in committee, 1st reading/single reading
- #2629
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2004/12/09
Council Meeting
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2629
summary
Pending the European Parliament opinion at first reading, the Council unanimously agreed on a general approach on a draft Directive on the certification of train drivers operating locomotives and trains on the Community's rail network, which forms part of the Third Railway Package. The Commission maintained a reservation at this stage, by means of which it seeks to ensure that the four legislative proposals comprising the Third Railway Package will be adopted together.
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2629
summary
- #2607
- 2004/10/07 Council Meeting
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2004/09/15
Committee referral announced in Parliament, 1st reading/single reading
- #2589
- 2004/06/10 Council Meeting
- #2568
- 2004/03/08 Council Meeting
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2004/03/03
Legislative proposal published
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COM(2004)0142
summary
PURPOSE : to lay down the conditions and procedures for the certification of train crews operating locomotives and trains on the Community's rail network, and to specify 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. PROPOSED ACT : Directive of the European Parliament and of the Council. CONTENT : The Commission states in its proposal that it has rapidly become clear that common rules should be adopted on certification of train drivers to facilitate their interoperability and improve management. This should eventually make it easier to certify railway undertakings while maintaining a high level of safety and guaranteeing conditions for free movement of workers in the railway sector. Examination of the proposals of the second railway package has highlighted the importance of this aspect of interoperability for establishing an integrated railway market. The Commission goes on to discuss the contributions emanating from the social dialogue and the results of the Commission's own study, as well as the pre-legislative consultation that it has undertaken. The main points are as follows: -the scope of the directive is limited to train drivers in cross-border services who effectively work in the framework of interoperability. Implementation will be in two stages. The main aim is swiftly to apply provisions on the certification of drivers who are most directly affected by the opening-up of the railway market and who have to operate in the territory of other Member States. In the second phase, the Commission intends, on the basis of a report covering the first phase, to extend the implementation of the European licence to all train drivers, taking account of exceptions which were already provided for in the scope of the proposal for a directive on safety and which form part of the second railway package. Similarly, other members of the train crew who are indirectly involved in traffic safety will be dealt with later on. - a single model for the certification of train drivers: In order to ensure that the documents certifying a person's ability to drive trains are standardised in terms of form and content, the Community defines a Community model for certification, in which the validity of the various component parts will be recognised by each of the Member States. The measure be implemented in two phases: - in the short term, certification will produce two sections: (a) the licence itself, a card in the same format as the European driving licence, issued by the competent authority on the basis of Community-wide criteria and recognised reciprocally, and (b) a harmonised certificate, issued by the railway undertaking which employs the driver, confirming that the driver has the specific knowledge required (rolling stock, infrastructure, periodic checks); - in the longer term, the two component parts will be incorporated into a smart card, which meets operational and technical specifications to be defined through the comitology procedure. - the authority responsible for issuing the licence will bethe national safety authority which is to be established in accordance with Article 15 of the draft rail safety directive. This authority will also be responsible for setting up a national register of licences, which must make it possible to find the key data relating to a driver's actions to gain and upgrade skills. -Member States' reciprocal recognition of the licences should facilitate drivers' ability to move both from one Member State to another and from one railway undertaking to another; - definition of minimum requirements to obtain a driver's certificate: The requirements include at least the minimum age for train drivers, criteria related to the medical and psychological fitness of candidates, their professional experience and knowledge in a number of fields related to train driving, as well as their knowledge of the infrastructure on which they will have to operate. Drivers must have knowledge of the languages indicated by the relevant infrastructure manager to enable them to communicate effectively in routine, abnormal and emergency situations. - Annex V defines a general training programme covering the professional knowledge required in order to obtain the licence. This programme is supplemented by training objectives relating more specifically to rolling stock and infrastructure; this is the knowledge required in order to obtain the harmonised complementary certificate, as described in Annexes VI and VII of the proposal. - there are provisions on inspections of the validity and content of the licence and a procedure to object to the certification.�
- DG Energy and Transport, BARROT Jacques
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COM(2004)0142
summary
Documents
- Legislative proposal published: COM(2004)0142
- Debate in Council: 2568
- Debate in Council: 2589
- Debate in Council: 2607
- Debate in Council: 2629
- Committee report tabled for plenary, 1st reading/single reading: A6-0133/2005
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T6-0355/2005
- Council position published: 05893/5/2006
- Committee recommendation tabled for plenary, 2nd reading: A6-0480/2006
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 2nd reading: T6-0004/2007
- Joint text approved by Conciliation Committee co-chairs: 03636/2007
- Report tabled for plenary, 3rd reading: A6-0315/2007
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 3rd reading: T6-0402/2007
- : Directive 2007/59
- : OJ L 315 03.12.2007, p. 0051
History
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