Category Archives: Rail transport

Due to its safety and respect for the environment, the European rail network has many advantages. Designed for national purposes, rail networks must adapt to the reality of the single market. Trains and their passengers must be able to cross borders freely within an integrated area. In order to do this, the European Union is improving the interoperability of networks by stimulating investment in infrastructures. The Union is also implementing policy to harmonise passengers’ rights and working conditions, within the context of the internal market.

Further integration of the European rail system: third railway package

Leave a reply

Further integration of the European rail system: third railway package

Outline of the Community (European Union) legislation about Further integration of the European rail system: third railway package

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Rail transport

Further integration of the European rail system: third railway package

Document or Iniciative

Communication from the Commission of 3 March 2004 entitled “Further integration of the European rail system: the third railway package [COM(2004) 140 final – not published in the Official Journal].

Summary

In 2001 the Commission set out its objectives for the reform of rail transport in the White Paper ” European transport policy for 2010: time to decide “.The present communication announces the third railway package. The Commission proposes the opening-up of services to competition by 2010 and puts forward proposals concerning the certification of drivers and strengthening of passengers’ rights.

This third railway package comprises two directives and two regulations (of which one was rejected by the Parliament):

Proposal for a Directive [COM(2004) 142 final] on the certification of drivers

In its communication the Commission stresses the impact of driver training on safety. It considers that driver skills fall into two categories:

general skills relating to the job of driver;
more specific skills relating to line knowledge, the rolling stock and the operating procedures of the railway undertaking for which the driver works.

With the opening-up of the rail freight markets, a growing number of drivers will find themselves operating on the network of another Member State. The Commission therefore wishes to establish:

a certification system attesting that the driver has sufficient general knowledge, authenticated by a licence issued to the individual driver that is recognised and valid throughout the Community;
a series of certificates attesting to specific knowledge (relating to a specific route, rolling stock and railway undertaking) and allowing the driver to operate.

Proposal for a Regulation [COM(2004) 143 final] on passengers’ rights

In order to make the railways more attractive, the Commission also wishes passengers’ rights to be better protected – particularly with regard to reimbursement for train delays. The situation of passengers on international journeys is often less secure. The Commission therefore considers that the current international arrangements, based on the Convention concerning International Carriage by Rail (COTIF), are inadequate and do not directly create passengers’ rights.

Access to information and fares, and the option of buying international rail tickets easily, are in the Commission’s view the very least that is needed to make rail services attractive. In addition, the Commission wishes liability to be clearly defined in the event of accidents, incidents or train delays. On this last point, compensation thresholds should be set and the various channels for passengers’ appeals clearly identified. Lastly, the Commission considers that greater account should be taken of the needs of people with reduced mobility.

In the Commission’s view, these arrangements to protect passengers’ rights will be all the more vital once the market is opened up for certain services.

Proposal for a Directive [COM(2004) 139 final] on opening up the passenger transport market

The Commission stresses the contrasts between regional, national and international rail traffic and wishes to take these diverse segments into account by combining two models for opening up to competition:

under the first, a competitive procedure can be used to award a public service contract. In the Commission’s view this model would work well for suburban and regional services, which transport the vast majority of passengers. It forms the basis of the Commission’s proposal to modernise Regulation No 1191/69 on public service obligations;
the other model consists in opening up access to the infrastructure for operators wishing to provide international services. This model would be better suited to long-distance services and to specific services where commercial innovation is likely to attract new customers.

The competitors will need to have:

rolling stock and drivers authorised for service in the Member States in which they plan to operate;
a railway undertaking licence in a Member State;
a safety certificate issued by the national safety authority of each of the Member States they plan to cross;
infrastructure capacity, in order to provide a regular service.

The Commission therefore wishes all international services to be opened up to competition on 1 January 2010. This opening-up also includes cabotage on international services (carriage of passengers between two places within the same Member State).

Interoperability requirements

The Commission also points out that integrating Europe’s railway systems requires technical harmonisation in order to ensure the interoperability of rolling stock and equipment.

A fourth proposal rejected by the Parliament

The Commission had also made a proposal for a regulation aiming to improve the quality of rail services. It was rejected first time round by the Parliament. In particular the text proposed establishing mandatory minimum clauses in transport contracts, among which there was a proposal for a compensation system in case of freight being delayed or damaged. It would have encouraged railway undertakings and their clients to regulate quality management contractually.

Rail infrastructure: multi-annual contracts

Leave a reply

Rail infrastructure: multi-annual contracts

Outline of the Community (European Union) legislation about Rail infrastructure: multi-annual contracts

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Rail transport

Rail infrastructure: multi-annual contracts

Document or Iniciative

Communication from the Commission to the Council and the European Parliament of 6 February 2008 entitled “Multi-annual contracts for rail infrastructure quality” [COM (2008) 54 final – not published in the Official Journal].

Summary

The Commission recommends extending the system of multi-annual contracts between the State and the rail infrastructure management to improve the quality and maintenance of infrastructures in this sector.

Legal framework and legal requirements regarding the rail infrastructure

Current EU legislation requires defining measures to reduce the costs of infrastructure provision and of charges for their use, taking account of safety and maintaining the quality of the infrastructure service. Nevertheless, there are no obligations at European level for monitoring infrastructure service.

Member States may choose to meet this obligation by way of regulatory measures and/or contractual agreements known as multi-annual contracts, concluded for a minimum period of three years. The situation regarding multi-annual contracts varies widely between the Member States. In fact half of all Member States do not use them, nor are they considering using them.

Apart from these rules, EU rail directives set out other provisions which may be helpful in terms of implementation, namely:

Member States must take the necessary measures to develop their national infrastructure;
Infrastructure managers’ expenditure and revenue must balance over a reasonable period of time.

Other particular provisions apply regarding validity and transparency of financial transfers from the State, taking account of the requirement for management independence on the part of the infrastructure manager and the economic nature of its activities.

The role of multi-annual contracts

The availability and the quality of the infrastructure have a strong impact on the competitiveness of the rail sector. However, maintenance of infrastructure does not always gain the finance that railway operators expect to enable them to compete with other modes of transport. Almost one third of managers state that the finance available to them is not sufficient to maintain their network.

If properly negotiated and prepared, a multi-annual contract can bring many advantages. More particularly, its role is to:

Provide a long-term financing framework for maintenance forcing both parties to take a long-term view and develop maintenance programmes on the basis of future service demand. In fact, it is important that the rail infrastructure corresponds with future transport demand structures in order to boost traffic and revenues. These contracts also permit trade-offs between taxpayers’ and users’ interests, between maintenance and quality of the network, and between short-term maintenance and renewal;
Complementing the charging system by transfers made within the framework of these contracts so as to ensure financial stability. A multi-annual contract has to be consistent with the charging framework, which has to comply with the existing charging rules;
Enable effective cost control by long-term planning of rail maintenance to reduce unit costs. This procedure enables the volume of work to be adapted without changing plans at the last minute. With a multi-annual allocation, the manager can actually make use of funds in a more flexible manner which is thus better suited to business needs, rather than according to the rigid rules of public spending;
Enable benchmarking and regulatory supervision by setting performance targets more effectively. In fact, setting more precise performance targets makes it easier to gauge the relative positions of infrastructure managers and to define cost effectiveness in terms of a national infrastructure manager’s cost elements and their performance in comparison with other managers;
Improve performance based on performance-related payments and not on compensating the infrastructure manager for a particular expenditure as well as reinforcing quality control. Quality criteria can be divided into two categories: Indicators based on the quality of the train service (speed, safety) and indicators based on infrastructure provision (maintenance costs per km of track, percentage of lines under temporary speed restrictions);
Secure the effectiveness of contractual agreements providing for, for example, sanctions applicable in cases of non-compliance. The monitoring process should be undertaken by an independent body rather than by the two contracting parties. Sanctions may consist of penalties (fines), reduced financial input or even a replacement of infrastructure managers and need to be progressive and in proportion with the infringement.

Member States and their infrastructure managers should conclude multi-annual contracts which comply with the national strategic transport plan and with the infrastructure managers’ business plans. The State should consult stakeholders on any proposal for multi-annual contracts before entering into a new contract or renegotiating existing provisions.

Infrastructure managers should check track condition at least once a year on all their lines and more frequently on main lines, and should indicate cases where infrastructure quality is considered to be substandard.

Background

Some years after the adoption of the rail infrastructure package, consultations conducted by the Commission revealed concerns in the areas of sustainable financing of the existing infrastructure, the quality of infrastructure service and how to improve the performance of infrastructure managers.

State aid for railway undertakings

Leave a reply

State aid for railway undertakings

Outline of the Community (European Union) legislation about State aid for railway undertakings

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Rail transport

State aid for railway undertakings

Document or Iniciative

Community guidelineson State aid for railway undertakings [Official Journal C 184 of 22.7.2008].

Summary

The objective of these guidelines is to provide guidance on the compatibility of State aid for railway undertakings with Articles 73 and 87 of the Treaty establishing the European Community. State aid which distorts or threatens to distort competition within the Common Market is prohibited (Article 87.1 EC). Derogations are however provided for, in particular when aid promotes the economic development of the European Union in general (Article 87.3 EC).

Also, Article 73 of the Treaty provides that aids are compatible with the Treaty if they meet the needs of coordination of transport or if they represent reimbursement for the discharge of certain obligations inherent in the concept of a public service. Aid relating to Public Service Obligations (PSOs) is covered by a specific Regulation and is consequently excluded from the scope of these guidelines.

Scope

These guidelines apply to railway undertakings as well as to urban, suburban or regional passenger transport undertakings with regard to aid for the purchase and renewal of rolling stock. Public funding for infrastructure managers is not covered.

The guidelines cover the following support measures:

The support of railway undertakings by means of infrastructure funding.

The Commission considers that this type of funding may constitute aid if it allows undertakings to benefit indirectly from an advantage by lightening the burden of charges that encumber their budget. It is therefore important to evaluate whether the measure for infrastructures does actually have such an effect. Where infrastructure use is open to all potential users in a fair and non-discriminatory manner, and access to that infrastructure is charged for at a rate in accordance with Community legislation in force, the Commission considers that public financing of the infrastructure does not constitute State aid. If such financing is considered to constitute aid, it may nevertheless be authorised if the infrastructure in question meets the needs of transport coordination.

Aid for the purchase and renewal of rolling stock.

The Commission highlights the necessity of investing in the modernisation and/or renewal of the fleet of locomotives and carriages used for passenger transport. The Commission considers that such investment is indispensable to keeping rail transport competitive with other modes of transport which cause more pollution, to limiting the impact of this means of transport on the environment and to enhancing the interoperability of national networks.

The compatibility assessment of aid for the purchase and renewal of rolling stock should be made according to the common-interest objective to which the aid is contributing. Within this framework, the Commission applies rules defined for the following aid categories:

aid for coordination of transport (Article 73 of the Treaty),
aid for restructuring railway undertakings in difficulty,
aid to small and medium-sized enterprises,
aid for environmental protection,
aid relating to Public Service Obligations, regional aid.

Debt cancellation by States with a view to the financial rejuvenation of railway undertakings.

The Commission notes that the level of indebtedness of many railway undertakings remains very high, in particular in Member States who acceded in 2004, the effect of which is the limitation of their investment capacity. Under certain conditions, debt cancellation may be considered as aid compatible with the Common Market if it seeks to ease the transition towards an open railway market, without unduly distorting competition and trade between Member States.

Aid for restructuring railway undertakings.

The compatibility of State aid for restructuring firms in difficulty in the railway industry is assessed on the basis of the 2004 guidelines on aid for restructuring. These guidelines do not provide for derogations for railway undertakings. The Commission nevertheless considers that given the difficulties of the European rail freight sector, it is in the common interest that aid granted to railway undertakings in difficulty might, under certain circumstances, be considered compatible with the Treaty. Derogations will apply under certain conditions, only to the freight divisions of railway undertakings and for restructurings notified before 1 January 2010.

Aid for coordination of transport.

The concept of ‘transport coordination’, used in Article 73 of the Treaty, implies an intervention by public authorities which is aimed at guiding the development of the transport sector in the common interest. Aid for coordination of transport may be in several forms:

aid for infrastructure use;
aid for reducing external costs designed to encourage a modal shift from road to rail;
aid for promoting interoperability, and, to the extent to which it meets the needs of transport coordination, aid for promoting greater safety, the removal of technical barriers and the reduction of noise pollution;
aid for research and development in response to the needs of transport coordination.

The Commission presents in detail the method to determine eligible costs, as well as the conditions making it possible to ensure that this aid meets the conditions of compatibility mentioned in Article 73 of the Treaty. Aid for rail infrastructure use, reducing external costs and interoperability is considered as compatible when it is necessary and proportionate.

Aid for research and development is subject to specific provisions set out in Article 9 of the PSO Regulation. The Community framework for State aid for research, development and innovation applies to this type of aid.

State guarantees for railway undertakings.

The Commission Notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of guarantees sets out the legal requirements applicable to State guarantees, including in the rail transport field.

Implementation

These guidelines apply to all aid, whether or not notified, as from 22 July 2008. Member States must modify their existing aid schemes so as to comply with them by 22 July 2010 at the latest.

Context

The European Community is conducting a policy to revitalise the rail industry, by introducing conditions fostering competition on the rail transport services markets, by encouraging technical harmonisation on the European rail networks and by granting financial support in the TEN-T programme and the Structural Funds framework.

Interoperability of the trans-European rail system

Leave a reply

Interoperability of the trans-European rail system

Outline of the Community (European Union) legislation about Interoperability of the trans-European rail system

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Rail transport

Interoperability of the trans-European rail system

Document or Iniciative

Directive 2004/50/EC of the European Parliament and of the Council of 29 April 2004 amending Council Directive 96/48/EC on the interoperability of the trans-European high-speed rail system and Directive 2001/16/EC of the European Parliament and of the Council on the interoperability of the trans-European conventional rail system [See amending acts].

Summary

DEFINITION OF INTEROPERABILITY

Interoperability is defined as the capability to operate on any stretch of the rail network without any difference. In other words, the focus is on making the different technical systems on the EU’s railways work together.

Today, the competitiveness of the railways is curbed by the differences between Member States in terms of rolling stock, technology, signalling systems, safety regulations, braking systems, traction currents and speed limits. This state of affairs forces international trains crossing several States to stop at “frontiers”.

Historically, these technical differences met the need to protect the Member States’ own interests or those of their rail industry. At the same time, the road transport industry took advantage of its freedom from technical barriers to reinforce its position on the market.

CURRENT LEGISLATION AND THE NEW PROPOSAL

Three directives are currently in force on interoperability:

Directive 96/48/EC on the interoperability of the trans-European high-speed rail system;
Directive 2001/16/EC on the interoperability of the trans-European conventional rail system;
Directive 2004/50/EC amending the two previous directives.

The objective of these three directives is to narrow down the divide so that international trains can provide a better, completely safe service when they change national networks. The complete opening-up of the rail network to international freight services, scheduled for 2008, implies the need to put interoperability into action on the whole network.

The complete opening-up of the rail network to international freight services, scheduled for 2008, implies the need to put interoperability into action on the whole network.

The new Directive 2004/50/EC modernises the existing legislation on high-speed rail and extends the directive on conventional rail to the whole of the European rail system. Nevertheless, it will not imply total, forced technical harmonisation of the railway system. In practice, the interoperability process has several facets:

application of a homogeneous legal framework for the procedures for verification of application of the essential requirements on safety, health, technical compatibility, reliability, availability and environmental impact;
application of an identical procedure for placing in service trains intended to operate on the same infrastructure;
search for the level of technical compatibility that is necessary and adequate to allow operation of heterogeneous rolling stock;
search for a level of technical harmonisation contributing to gradual establishment of an internal market in equipment and services for the construction, renewal, upgrading and operation of the rail system.

Directive 96/48/EC: interoperability of the high–speed rail system

The first measure on interoperability was taken with the adoption of Directive 96/48/EC on the interoperability of the trans-European high-speed rail system.
In order to achieve the objectives set, technical specifications for interoperability (TSI) are drawn up by the European Association for Railway Interoperability (AEIF), which acts as the joint representative body bringing together representatives of the infrastructure managers, railway companies and industry.

8. The technical specifications for interoperability (TSI) are technical solutions designed to ensure compliance with the essential requirements for interoperability and to make the railway system operational.

Directive 2001/16/EC: interoperability of the conventional rail system

Directive 2001/16/EC, like the directive on the high-speed system, introduces Community procedures for preparation and adoption of TSI.

This directive requires adoption of a first group of priority TSI within three years, i.e. in 2004, in the following areas:

control/command and signalling systems;
telematics applications for freight services;
traffic operation and management, including staff qualifications for cross-border services;
freight wagons;
noise problems deriving from rolling stock and infrastructure.

Directive 2004/50/EC

The aim of this Directive is to establish the conditions to be met to achieve the interoperability within Community territory of the trans-European high-speed rail system as described in Annex I. These conditions concern the design, construction, placing in service, upgrading, renewal, operation and maintenance of the parts of this system placed in service when the Directive enters into force, as well as the qualifications and health and safety conditions of the staff who contribute to its operation.

At the same time, the Directive provides that trains should be equipped with a recording device. The data collected by this device and the processing of the information must be harmonised.

CONCLUSIONS

The biggest limitation of modes of transport such as rail is that they cannot provide door-to-door goods services. Time is wasted and competitiveness lost because the systems and networks are not harmonised.

In this context, the White Paper on European transport policy considers interoperability a key component in revitalising the railways and, consequently, shifting the balance between modes. The ultimate objective is to reduce congestion on the EU’s roads and to build a legally and technically integrated European railway area.

This package of legislation will make it possible to form major long-distance European freight corridors. One example is the agreement between the French and German railways (SNCF and Deutsche Bahn) to pool a fleet of locomotives despite the technical differences along this cross-border route.
Today’s technical and regulatory barriers work in favour of the existing companies and are still slowing down the entry of new operators and completion of a more competitive market.

Establishment of an open market free of technical barriers will guarantee higher quality and greater demand and allow the railways to go ahead with new investments.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2004/50/EC [adoption: codecision COD/2002/0023]	30.04.2004	30.04.2006	OJ L 164 of 30.04.2004

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 96/48/EC	08.10.1996	–	OJ L 110 of 20.04.2001
Directive 2001/16/EC	20.04.2001	20.04.2003	OJ L 235 of 17.09.1996

Related Acts

Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification [Official Journal L 75 of 15.03.2001].

Directive 2001/13/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 95/18/EC on the licensing of railway undertakings [Official Journal L 75 of 15.03.2001].

Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998 amending Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations [Official Journal L 217 of 05.08.1998].

Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network [Official Journal L 228 of 09.09.1996].

Proposal for a Council Directive on the agreement between the European Rail Community (ERC) and the European Transport Workers’ Federation (ETF) on certain aspects of the working conditions of mobile workers assigned to interoperable cross-border services [COM(2005) 32 final – Not published in the Official Journal].
This proposal gives effect to certain aspects of the working conditions of mobile workers assigned to interoperable cross-border services concluded on 27 January 2004 between the European Rail Community (ERC) and the European Transport Workers’ Federation (ETF).

Memorandum of Understanding (MoU) between the European Commission and the European railway associations (ERC – UIC – UNIFE – EIM) establishing the basic principles for the definition of an EU deployment strategy for ERTMS [Not published in the Official Journal].
The European Commission and representatives of the European rail sector (manufacturers, infrastructure managers and companies) have signed a Memorandum of Understanding on the deployment of the European Rail Traffic Management System (ERTMS) to create an interoperable European rail network. ERTMS is a radio system used to send information to trains from the ground. A computer on board uses the information to calculate the maximum permitted speed and automatically slows the train down if necessary. ERTMS deployment means there will be one system for European trains, instead of the twenty different ones used at present; it will reduce infrastructure and maintenance costs and make the European rail network safer.

To implement it, EUR 4 billion euros need to be invested over the next ten years for the main priority routes. At first, ERTMS will coexist with the national signalling systems in use now.

Development of the Community's railways

Leave a reply

Development of the Community’s railways

Outline of the Community (European Union) legislation about Development of the Community’s railways

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Rail transport

Development of the Community’s railways

Document or Iniciative

Council Directive 91/440/EEC of 29 July 1991 on the development of the Community’s railways [See amending act(s)].

Summary

The directive applies to the management of railway infrastructure and to the rail transport activities of the railway undertakings established or to be established in the Community, with the exception of railway undertakings whose activity is limited to the provision of solely urban, suburban or regional services.

Management independence

European Union (EU) countries must take the appropriate measures to ensure that railway undertakings are independent with regards management, administration and internal control over administrative, economic and accounting matters, thereby holding assets, budgets and accounts separate from those belonging to the State.

EU countries must also take the necessary action to enable railway undertakings to adapt their activities to the market and allow their own management bodies to be responsible for the management of their activities, thereby efficiently providing the required quality of service at the lowest possible cost.

Separation between infrastructure management and transport operations

EU countries must ensure the separation of infrastructure management and transport operations by keeping separate profit and loss accounts and balance sheets and publishing them individually for business relating to the provision of transport services by railways undertakings and for business relating to the management of railway infrastructure. Public funds must also reflect this separation and those paid to one activity must not be transferred to the other.

Individual EU countries will be responsible for the development of their national railway infrastructure but they must bear in mind, where necessary, the general needs of the Community.

Access to railway infrastructure

The railway undertakings concerned by this directive will be accorded access to the infrastructure in all other EU countries for the operation of all rail freight services and international passenger services.

Monitoring tasks of the Commission

The Commission will monitor the technical and economic conditions and market developments of the European rail transport, working closely with representatives both from EU countries and from the relevant sectors to better assess the efficiency and impact of the adopted measures.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 91/440/EEC	13.9.1991	30.12.1992	OJ L 237 of 24.8.1991

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2001/12/EC	15.3.2001	15.3.2003	OJ L 75 of 15.3.2001
Directive 2004/51/EC	30.4.2004	31.12.2005	OJ L 164 of 30.4.2004
Directive 2006/103/EC	1.1.2007	1.1.2007	OJ L 363 of 20.12.2006
Directive 2007/58/EC	4.12.2007	4.6.2009	OJ L 315 of 3.12.2007

Successive amendments and corrections to Directive 91/440/EEC have been incorporated into the basic text. This consolidated versionis for reference only.

Related Acts

Commission Communication of 17 September 2010 concerning the development of a Single European Railway Area [COM (2010) 474 final – Not published in the Official Journal].

Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1191/69 and 1107/70 [Official Journal L 315 of 3.12.2007].

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 [Official Journal L 75 of 15.3.2001].

Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings [Official Journal L 143 of 27.06.1995].

Licensing of railway undertakings

Leave a reply

Licensing of railway undertakings

Outline of the Community (European Union) legislation about Licensing of railway undertakings

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Rail transport

Licensing of railway undertakings

The White Paper on Transport presents a new package of measures to revitalise the rail sector through the rapid creation of an integrated European rail network. The objective is to speed up market integration by removing major barriers to cross-border services, guaranteeing a high level of safety on the railways and reducing costs as a result of greater harmonisation of technical standards in the rail sector.

Document or Iniciative

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.

Summary

Directive 2004/49/EC

The Directive sets out the essential elements of safety systems for infrastructure managers and railway undertakings. The idea is to develop a harmonised approach to safety and harmonised conditions for the issue, content and period of validity of safety certificates.

The purpose of the Directive is to ensure the development and improvement of safety on the Community’s railways and improved access to the market for rail transport services by:

harmonising the regulatory structure in the Member States;
defining responsibilities between the actors;
developing common safety targets and common safety methods with a view to greater harmonisation of national rules;
requiring the establishment, in every Member State, of a safety authority and an accident and incident investigating body;
defining common principles for the management, regulation and supervision of railway safety.

Member States must ensure that safety rules are laid down, applied and enforced in an open and non-discriminatory manner, fostering the development of a single European rail transport system. The safety rules must be published and made available to all infrastructure managers, railway undertakings, applicants for a safety certificate and applicants for a safety authorisation in clear language that can be understood by the parties concerned.

The Commission may suspend the implementation of a national safety rule for a maximum of six months if there are serious doubts as to the compatibility of the rule with Community legislation, or if the Commission considers that it constitutes a means of arbitrary discrimination between Member States.

In order to be granted access to the railway infrastructure, a railway undertaking must hold a safety certificate which may cover the whole railway network of a Member State or only a defined part thereof.

The purpose of the safety certificate is to provide evidence that the railway undertaking has established its safety management system and can meet requirements laid down in technical specifications for interoperability (TSIs) and other relevant Community legislation. The safety certificate is renewable upon application by the railway undertaking at intervals not exceeding five years.

Member States must ensure that train drivers and staff accompanying the trains, as well as infrastructure managers and their staff performing vital safety tasks have fair and non-discriminatory access to training facilities.

The Directive also introduces the principle of independent accident investigation. Each Member State must ensure that investigations into accidents and incidents are conducted by a permanent body comprising at least one investigator able to perform the function of investigator-in-charge in the event of an accident or incident.

Directive 95/18/EC

The Directive concerns the criteria applicable to the issue, renewal or amendment of operating licences by Member States to railway undertakings established in the Community. Railway undertakings whose activities are limited exclusively to urban, suburban or regional services and railway undertakings and international groupings whose activities are limited to the provision of shuttle services transporting road vehicles through the Channel Tunnel are excluded from the scope of the Directive.

The Member States must designate the body responsible for issuing railway operating licences.

The conditions for obtaining a licence are as follows:

railway undertakings may apply for an operating licence if they satisfy the conditions laid down in this Directive;
requirements relating to good repute, financial fitness, professional competence and cover for civil liability. Explanations are given of the conditions under which these requirements are met.
railway undertakings must cover their civil liability in the event of accidents.

Validity of the licence:

the licensing authority may regularly review the situation, at least every five years;
the licensing authority may suspend, revoke or amend the operating licence under certain circumstances. The licence may thus be revoked where there is serious doubt regarding compliance with the requirements laid down in the Directive;
the railway undertaking shall also comply with those provisions of national law which are compatible with Community law;
railway undertakings which provide international transport services shall respect the agreements applicable to international rail transport in force in the Member States in which they operate.

The Member States must ensure that the licensing authority’s decisions are subject to judicial review.

Directive 2001/13/EC

The Directive is part of the “rail package” defining a trans-European Rail Freight Network (TERFN). Its purpose is to extend the provisions of Directive 95/18/EC to all railway undertakings established in the Community (except for certain undertakings whose activity is limited to particular services, e.g. local or regional), in order to harmonise their operating conditions on a uniform and non-discriminatory basis and to prevent licensing requirements becoming a barrier to entering the market. The validity of licences is extended throughout the European Union.

An independent body responsible for the issuing of licences and for carrying out the obligations of this Directive must be designated by each Member State.

The Commission can be informed at any time of problems of compatibility between national and Community legislation and it is up to it to decide whether the appropriate follow-up to such information leads to an infringement procedure or another measure.Directive 2001/14/EC

The Directive replaces Directive 95/19/EC. With regard to the allocation of capacity, it includes:

a clearer definition of the rights of railway undertakings and infrastructure managers;
a procedure for resolving situations in which there are conflicting applications for infrastructure capacity, and overcoming problems caused by lack of capacity:
provisions to the effect that the body in charge of capacity allocation must be independent of any railway undertaking;
provisions on the right of appeal.

The Directive also provides that charges for the use of infrastructure must be based on the marginal costs (costs directly connected with the use of the railways).

The Directive applies to railway infrastructure used for national and international railway services.

References

Act	Entry into force – Date of expiry	Deadline for transposition in the Member States	Official Journal
2004/49/EC	30.4.04	30.04.06	L 164 of 30.4.04

Amending Acts	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 95/18/EC [adoption: cooperation SYN/1993/0488]	27.06.1995	–	OJ L 143 of 27.06.1995
Directive 2001/13/EC [adoption: codecision COD/1998/0266)]	15.03.2001	15.03.2003	OJ L 75 of 15.03.2001
Directive 2001/14/EC [adoption: codecision COD 1998/266]	15.03.2001	15.03.2003	OJ L 75 of 15.03.2001

Related Acts

Commission Recommendation of 7 April 2004 on the use of a common European format for licence documents issued in accordance with Council Directive 95/18/EC on the licensing of railway undertakings [COM (2004) 1279 final – Not published in the Official Journal]

The Commission recommends that:

licence documents issued in accordance with Directive 95/18/EC should use the standard format set out in Annex I to the Recommendation. When a licence is amended, suspended, revoked or replaced by a temporary licence, a document should be issued and presented in this standard format;
proof that a railway undertaking meets national requirements regarding insurance or has made equivalent arrangements for liability cover should be presented as an Annex to the licence document, using the standard format set out in Annex II to the Recommendation.

Commission Decision 2002/844/EC of 23 October 2002 amending Directive 2001/14/EC in respect of the date for changing the working timetable for rail transport [Official Journal L 289 of 26.19.2002].

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 [Official Journal L 110 of 20.04.2001].

Directive 2001/12/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 91/440/EEC on the development of the Community’s railways [Official Journal L 075 of 15.03.2001].

Council Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail [Official Journal L 235 of 17.09.1996].

Rail safety: transport of dangerous goods by rail

Leave a reply

Rail safety: transport of dangerous goods by rail

Outline of the Community (European Union) legislation about Rail safety: transport of dangerous goods by rail

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Rail transport

Rail safety: transport of dangerous goods by rail

Document or Iniciative

Council Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail [See amending acts].

Summary

The purpose of this Directive is to establish national safety standards at the level of the international standards set in the Convention Convention concerning International Carriage by Rail (COTIF). It also aims to create a single market in the transport of dangerous goods by rail.

International standards

All the Member States are Contracting Parties to the COTIF that defines the rules concerning the contract for international carriage of goods by rail (CIM *). The COTIF does not cover the national carriage of dangerous goods by rail. The CIM constitutes the regulations concerning the international carriage of dangerous goods by rail (RID *).

Scope and derogations

Member States may exempt the transport of dangerous goods conducted by means of transport equipment belonging to the armed forces from the scope of this Directive.

Member States retain the right to lay down safety requirements for national or international transport, in so far as this Directive does not cover that area. This applies, for example, to the running of trains or the marshalling of freight wagons.

Each Member State also retains the right to regulate or prohibit, strictly for reasons other than safety, the internal transport of certain dangerous goods by rail.

Directive 96/49/EC is repealed by Directive 2008/68/EC as from 30 June 2009.

Key terms used in the act

RID: the regulations concerning the international carriage of dangerous goods by rail, appearing as Annex I to Appendix B to the Convention concerning international carriage by rail (COTIF);
CIM: the uniform rules concerning the contract for international carriage of goods by rail, appearing as Appendix B to the Convention concerning international carriage by rail (COTIF).

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 96/49/EC [Procedure SYN/1994/0284]	17.9.1996	1.1.1997	OJ L 235 of 17.9.1996

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2000/62/EC	1.11.2000	1.5.2001	OJ L 279 of 1.11.2000
Directive 2001/6/EC	21.2.2001	31.12.2001/31.12.2002	OJ L 30 of 1.2.2001
Decision 2002/885/EC	1.7.2001	1.7.2001/1.7.2003	OJ L 308 of 9.11.2002
Directive 2003/29/EC	9.4.2003	1.7.2003	OJ L 90 of 8.4.2003
Directive 2004/89/EC	6.10.2004	1.10.2004	OJ L 293 of 16.9.2004
Directive 2004/110/EC	30.12.2004	1.7.2005	OJ L 365 of 10.12.2004
Directive 2006/90/EC	24.11.2006	1.7.2007	OJ L 305 of 4.11.2006

Related Acts

CommissionDecision of 13October 2005 amending Decision 2005/180/EC on authorising Member States to adopt certain derogations pursuant to Council Directive 96/49/EC with regard to the transport of dangerous goods by rail [Official Journal L 293 of 09.11.2005].

Commission Decision of 4 March 2005 authorising Member States to adopt certain derogations pursuant to Council Directive 96/49/EC with regard to the transport of dangerous goods by rail [Official Journal L 61 of 08.03.2005].

Annexes A and B to Council Directive 96/49/EC as announced in CommissionDirective (repealed) adapting for the third time to technical progress Council Directive 96/49/EC on theapproximation of the laws of the Member States with regard to the transport of dangerous goods by rail [Official Journal L 121 of 26.04.2004].
The transport of dangerous goods by rail is authorised subject to compliance with the conditions imposed in the annexes. The annexes to the directive cover:

dangerous goods which are barred from carriage;
dangerous goods which are authorised for carriage and the conditions attaching to them.

CouncilDirective of 3June 1996 on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway [Official Journal L 145 of 19.06.1996].

Compensation in cases of non-compliance with contractual quality requirements for rail freight services

Leave a reply

Compensation in cases of non-compliance with contractual quality requirements for rail freight services

Outline of the Community (European Union) legislation about Compensation in cases of non-compliance with contractual quality requirements for rail freight services

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Rail transport

Compensation in cases of non-compliance with contractual quality requirements for rail freight services

Proposal

Proposal for a Regulation of the European Parliament and of the Council on compensation in cases of non-compliance with contractual quality requirements for rail freight services.

Summary

Compensation schemes – context

The White Paper of 2001 and the Commission Communication “Towards an integrated European railway area ” of 2002 underline the overriding importance of improving the performance of rail freight services in Europe in order to foster the development of rail freight and contribute to more balanced modal shares.

The current compensation scheme for rail freight customers is defined in the CIM appendix to the 1980 Berne Convention concerning International Carriage by Rail (COTIF).

In this context, the proposed Regulation will introduce minimum quality clauses in contracts between railway undertakings and their customers in connection with all national and international rail freight services in the Community.

Contractual quality requirements

Quality requirements for rail freight services must be based on an agreement between the parties, resulting in rights and obligations and taking into account the specific circumstances of the transport contract. The contract must define the following quality requirements:

agreed hand-over times for goods, wagons or trains between the railway undertaking and the rail freight customer;
arrival time and compensation for delays;
compensation in the event of goods being lost or damaged;
compensation in the event of a train being cancelled by the railway undertaking;
compensation in the event of a train being cancelled by the rail freight customer;
a quality monitoring system defined by the parties.

Principles of compensation in cases of non-compliance with contractual quality requirements by the railway undertaking and/or the rail freight customer

If the railway undertaking does not meet the contractual quality requirements according to the quality monitoring system defined in the transport contract, it must pay compensation to the rail freight customer. The railway undertaking is therefore responsible for:

loss of or damage to the goods transported;
failure to comply with the agreed times of arrival;
cancellation of trains by the railway undertaking;
any other failure to comply with contractual quality requirements defined by mutual agreement between the parties to the transport contract.

If the rail freight customer does not meet the contractual quality requirements according to the quality monitoring system defined in the transport contract, the rail freight customer must pay compensation to the railway undertaking. The rail freight customer is therefore responsible for:

failure to comply with the agreed hand-over times;
cancellation of trains by the rail freight customer.

Compensation in the event of losses of or damage to the goods transported

The amount of compensation for loss of or damage to the goods transported is EURO 75 per kilogram of gross mass short or damaged.

Compensation for delays

The amount of compensation for delays can be adapted according to the severity of the delay and the type of rail freight. For block trains (where the customer buys from the railway undertaking the traction for at least one train made up by the client and specifically scheduled and invoiced), the amount of the compensation must be not lower than 5% nor higher than 25% of the transport price.

For wagonloads (where the client buys from the railway undertaking the transport of at least one wagon within a train made up and scheduled by the railway undertaking and open to several clients), the amount of the compensation must be determined by mutual agreement between the parties to the transport contract, taking into account the specific nature of wagonload transport.

Compensation for lack of information about delays

If the railway undertaking does not make appropriate efforts to inform the rail freight customer about possible delays, the railway undertaking must pay the compensation specified in the transport contract that must be not lower than 5% of the transport price.

Compensation for consequential damages

If loss or damages occur as a result of the arrival time agreed in the transport contract being exceeded, the railway undertaking must pay compensation not exceeding four times the transport price, based on evidence of such losses or damages.

Compensation for cancellation of trains by the undertaking or by the rail freight customer

The parties must define in the transport contract, by mutual agreement, the amount of compensation payable in the event of the cancellation of a train by the railway undertaking or by the rail freight customer.

Exclusions of liability

Under the following conditions the compensation scheme does not apply:

fault of the rail freight customer or the railway undertaking,
fault of or any other act by a third person,
force majeure,
circumstances that the railway undertaking or the rail freight customer could not avoid.

Responsibility of the railway undertakings

The contracting railway undertaking, which has accepted goods for transport, is responsible for the transport over the entire route up to arrival, including handling and/or transhipments of the wagons or the trains. The railway undertaking is also liable for its servants and other persons, including infrastructure managers.

References

Proposal	Official Journal	Procedure
COM(2004) 144	–	Codecision COD/2004/0050

Related Acts

Convention concerning International Carriage by Rail (COTIF) of 9 May 1980 [not published in the Official Journal].

Vilnius Protocol of 3 June 1999 for the modification of the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980 [not published in the Official Journal].

Recommendation for a Council Decision authorising the Commission to negotiate the conditions for Community accession to the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999 [COM(2002) 24 final – not published in the Official Journal].

Communication from the Commission – Further integration of the European rail system: third railway package. [COM(2004) 140 final – not published in the Official Journal].

Proposal for a Directive of the European Parliament and of the Council amending Council Directive 91/440/EEC on the development of the Community’s railways [COM(2004) 139 final – not published in the Official Journal].

Proposal for a Directive of the European Parliament and of the Council on the certification of train crews operating locomotives and trains on the Community’s rail network [COM(2004) 142 final – not published in the Official Journal].

Proposal for a Regulation of the European Parliament and of the Council on international rail passengers’ rights and obligations [COM(2004) 143 final – not published in the Official Journal].

Railway safety

Leave a reply

Railway safety

Outline of the Community (European Union) legislation about Railway safety

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Rail transport

Railway safety

Document or Iniciative

Summary

The Directive applies to the railway system of the Member States and covers safety requirements for the system as a whole, including infrastructure and traffic management, and the interaction between railway undertakings and infrastructure managers.

In this connection, the Directive focuses on four major aspects:

the setting up, in each Member State, of an authority responsible for supervising safety;
the mutual recognition of safety certificates delivered in the Member States;
the establishment of common safety indicators (CSIs) in order to assess that the system complies with the common safety targets (CSTs) and facilitate the monitoring of railway safety performance;
the definition of common rules for safety investigations.

Development and management of safety

Safety rules and standards, such as operating rules, signalling rules, requirements on staff and technical requirements applicable to rolling stock have been devised mainly nationally.

These national safety rules, should gradually be replaced by rules based on common standards, established by technical specifications for interoperability (TSIs). The Commission has the power to suspend the implementation of a national safety rule for a maximum of six months.

In this connection, the Member States will ensure that:

railway safety is generally maintained and continuously improved, taking into consideration the development of European legislation;
safety rules are laid down, applied and enforced in an open and non-discriminatory manner;
responsibility for the safe operation of the railway system and the control of risks associated with it is borne by the infrastructure managers and railway undertakings;
information is collected on common safety indicators through annual reports in order to assess the achievement of the CSTs and monitor the general development of railway safety.

In order to coordinate the different rules, a distinction must be drawn between two sets of actors:

infrastructure managers, which are bodies or companies responsible, in particular for establishing, building and maintaining infrastructure or a part of it, and safety. In some Member States, however, safety may be delegated to railway undertakings.
Railway undertakings, which are public or private undertakings engaged in the supply of goods and/or passenger transport services by rail.

Safety certification

In order to be granted access to the railway infrastructure, a railway undertaking must hold a safety certificate. This safety certificate may cover the whole railway network of a Member State or only a defined part thereof.

For international transport services it should be enough to approve the safety management system in one Member State and give the approval European validity.

Adherence to national laws on the other hands should be subject to additional certification in each Member State.

The safety certificate must be renewed upon application by the railway undertaking at intervals not exceeding five years. It must be wholly or partly updated whenever the type or extent of the operation is substantially altered.

A railway undertaking applying for authorisation to place rolling stock in service in another Member State will submit a technical file concerning the rolling stock or type of rolling stock to the relevant safety authority, indicating its intended use on the network.

In addition to the safety requirements laid down in the certificate, licensed railway undertakings must comply with national requirements, compatible with European law and applied in a non-discriminatory manner, relating to health, safety and social conditions, including legal provisions relating to driving time, and the rights of workers and consumers.

An essential aspect of safety is the training and certification of staff, particularly of train drivers. The training covers operating rules, the signalling system, the knowledge of routes and emergency procedures.

Maintenance of vehicles

Before it is placed in service or used on the network, each vehicle is assigned a maintenance entity (which may be, in particular, a railway undertaking or an infrastructure manager). The entity ensures the working order of vehicles by introducing a system of maintenance in accordance with the vehicle’s maintenance book and the applicable safety requirements.

National safety authority

Each Member State must establish a safety authority which is independent from railway undertakings, infrastructure managers, applicants for certificates and procurement entities. It will respond promptly to requests and applications, communicate its requests for information without delay and adopt all its decisions within four months after all requested information has been provided.

The safety authority will carry out all inspections and investigations that are needed for the accomplishment of its tasks and be granted access to all relevant documents and to premises, installations and equipment of infrastructure managers and railway undertakings.

Accident and incident investigations

Serious train accidents, such as derailments and collisions with fatal consequences, occur rarely, but when they do they attract public interest and the interest of safety professionals all over Europe.

Criteria governing the independence of the investigating body are strictly defined so that this body has no link with the various actors of the sector. This body decides whether or not an investigation of such an accident or incident should be undertaken, and determines the extent of investigations and the procedure to be followed.

Each Member State must ensure that investigations of accidents and incidents are conducted by a permanent body, which comprises at least one investigator able to perform the function of investigator–in–charge in the event of an accident or incident.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2004/49/EC	30.4.2004	30.4.2006	OJ L 164 of 30.4.2004

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2008/110/EC	24.12.2008	24.12.2010	OJ L 345 of 23.12.2008

The successive amendments and corrigenda to Directive 2004/49/CE been incorporated into the original text. This consolidated versionis of mere documentary value.

RELATED ACTS

Directive 2008/57/EC of 17 June 2008 of the European Parliament and of the Council on the interoperability of the rail system within the Community (Text with EEA relevance).
This Directive lays down the provisions relating to authorisations for placing in service of railway vehicles. This text recasts Directive 2001/16/EC on the interoperability of the trans-European conventional rail system and Directive 96/48/EC on the interoperability of the trans-European high speed rail system.
The procedures for authorisations for placing in service were previously regulated by Directive 96/48/EC (for the new or renewed parts of the rail system) and by Directive 2004/49/EC (concerning vehicles already in service).

Commission Regulation (EC) 653/2007 of 13 June 2007 on the use of a common European format for safety certificates and application documents in accordance with Article 10 of Directive 2004/49/EC of the European Parliament and of the Council and on the validity of safety certificates delivered under Directive 2001/14/EC (Text with EEA relevance).

Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (Text with EEA relevance).

Certification of train drivers operating locomotives and trains

Leave a reply

Certification of train drivers operating locomotives and trains

Outline of the Community (European Union) legislation about Certification of train drivers operating locomotives and trains

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Rail transport

Certification of train drivers operating locomotives and trains

Document or Iniciative

Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the Community’s rail network.

Summary

This directive helps to revitalise the rail sector by establishing a certification system for locomotive and train drivers on the European Union (EU) rail network.

It is mainly aimed at drivers. EU countries may exclude the following from the measures they adopt in implementation of the directive:

metros, trams and other light rail systems;
networks that are functionally separate from the rest of the rail system and are intended only for the operation of local and urban services, etc.;
privately owned railway infrastructure.

Certification of drivers

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

a licence identifying the driver and the authority issuing the certificate and stating the duration of its validity. The licence will be the property of the driver and will be issued, on application, to drivers meeting the minimum requirements as regards medical and psychological fitness, basic education and general professional skills;
a harmonised complementary certificate as evidence that the holder has received additional training under the railway undertaking’s safety management system. The certificate should state the specific requirements of the authorised service (rolling stock and infrastructure) for each driver and its validity will therefore be restricted.

The harmonised complementary certificate authorises the holder to drive in one or more of the following categories:

category A: shunting locomotives and work trains;
category B: carriage of passengers and/or goods.

Drivers holding the licence and the harmonised complementary certificate can drive trains provided that the railway undertaking or the infrastructure manager in charge of the transport operation in question holds a safety certificate.

Conditions and procedure for obtaining the licence and the certificate

With regard to the basic training and fitness required of drivers, applicants must meet the following requirements:

they must be at least 20 years of age. However, EU countries may issue licences from the age of 18 years, the validity of such a licence then being limited to the territory of the issuing EU country;
they must have received basic training equivalent to level 3 (level of 9 years of education: primary and secondary) as referred to in Council Decision 85/368/EEC and satisfy the medical requirements laid down in Annex II of this directive;
they must provide evidence of their physical and mental fitness by passing a medical examination conducted by a medical doctor recognised by the competent authority;
they must demonstrate their psychological fitness by passing an examination conducted by a psychologist recognised by the competent authority;
they must provide evidence of their professional and, if applicable, linguistic abilities.

Professional abilities are proven by means of adequate training (in operational regulations, engineering, communications, acquiring driving skills, etc.) and passing the relevant examinations.

The competent authority will issue the licence not later than one month after receiving all the necessary documents. The licence will be in the official language(s) of the EU country issuing it and is valid for 10 years.

In order to keep the licence and the harmonised certificate, holders must agree to undergo periodic checks such as medical examinations and tests of their professional abilities.

When a driver ceases to be employed by a railway undertaking, the undertaking must inform the competent authority without delay. The harmonised complementary certificate will become invalid on cessation of employment. However the holder will receive a certified copy of it. If there is any change in a driver’s state of health that could call into question his fitness for the job and give grounds for withdrawal of his licence or harmonised complementary certificate, the employer or the driver himself must inform the competent authority without delay.

Some tasks and decisions of the competent authority

The competent authority, i.e. the authority appointed by the EU country to issue the driver’s licence after establishing that the applicant meets the necessary requirements, must carry out the following tasks, in a transparent and non-discriminatory fashion:

issue and update licences, provide replacements and suspend and withdraw licences if necessary;
ensure periodic examinations and checks;
ensure the publication and updating of a register of accredited or recognised persons and bodies, and update a register of licences which have been issued, expired, modified, suspended, cancelled or declared lost or destroyed;
supervise the process of certifying drivers and carry out the necessary checks on board trains travelling within the EU;

EU countries shall take the necessary steps to ensure judicial review of the decisions taken by a competent authority.

Railway undertakings are required to:

keep a register of all harmonised complementary certificates issued, expiring, modified, suspended, cancelled or declared lost or destroyed;
cooperate with the competent authority of the country where they are domiciled in order to interconnect their register with that of the competent authority so as to give it immediate access to the particulars required;
supply information on the status of such certificates to the competent authorities of the other EU countries.

Phasing-in

EU countries will bring into force the necessary laws, regulations and administrative provisions by 4 December 2009.

At the latest on 29 October 2011, which corresponds to two years after the adoption (29 October 2009) of the basic parameters, registers will be drawn up.

At the latest on 29 October 2011, the certificates or licences to drivers performing cross-borders services, cabotage services or freight services in another EU country or working in at least two EU countries shall be issued in accordance with this directive.

At the latest on 29 October 2013, all new licences and certificates shall be issued.

At the latest on 29 October 2018, all drivers shall hold licences and certificates in conformity with this directive.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2007/59/EC	4.12.2007	3.12.2009	OJ L 315 of 3.12.2007

Related Acts

Commission Regulation (EU) No 36/2010 of 3 December 2009 on Community models for train driving licences, complementary certificates, certified copies of complementary certificates and application forms for train driving licences, under Directive 2007/59/EC of the European Parliament and the Council [Official Journal L 13 of 19.1.2010]
The annexes to this regulation set out the Community models for the train driving licences, complementary certificates, certified copies of complementary certificates, and application forms for the train driving licences as referred to in Directive 2007/59/EC.

Commission Decision 2010/17/EC of 29 October 2009 on the adoption of basic parameters for registers of train driving licences and complementary certificates provided for under Directive 2007/59/EC of the European Parliament and of the Council (notified under document C(2009) 8278) [Official Journal L 8 of 13.1.2010]