Tag Archives: CE

Certification of train drivers operating locomotives and trains

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]

CE conformity marking

CE conformity marking

Outline of the Community (European Union) legislation about CE conformity marking

Topics

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

Other

CE conformity marking

Harmonised methods for assessing conformity with the technical harmonisation directives promote the placing on the market of industrial products and assist in the implementation of the internal market. Conformity assessment can be subdivided into modules that relate to the design phase of products and to their production phase.

Document or Iniciative

Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical harmonisation Directives.

Summary

This Decision establishes a range of procedures for assessing the conformity of industrial products to the “essential requirements” laid down by the technical harmonisation Directives. It aims to protect public interests such as the health and safety of product users.

Conformity

The CE marking symbolizes the conformity of a product to the Community requirements incumbent on the manufacturer of the product. It indicates that the product conforms with all the Community provisions providing for its affixing.

Member States may not restrict the placing on the market and entry into service of products bearing the CE marking, unless there is supporting evidence of the product’s non-conformity. The marking should be affixed prior to the product being placed on the European market and entering into service.

Scope

The Decision lays down rules for affixing the CE conformity marking concerning the design, manufacture, placing on the market and entry into service of a product.

CE marking can be introduced in Community legislation as conformity marking if:

  • a directive is in accordance with the principles of the new approach and the global approach;
  • the method of total harmonisation is used;
  • the directive contains conformity assessment procedures in accordance with this Decision.

Declaration of conformity

Directives may exclude the affixing of the CE marking on certain products. These products may circulate freely on the European market if they are accompanied by, for example, a declaration or certificate of conformity.

Responsibility of manufacturers

The CE marking must be affixed by the manufacturer or his agent established within the Community. The manufacturer bears ultimate responsibility for the conformity of the product.

Conformity assessment relates to the design and production phases of the product. Depending on the conformity assessment procedures applied, a notified body may be involved in these two phases. If the notified body is involved in the production control phase, its identification number will follow the CE marking.

If a product falls within the scope of a directive that provides for the CE marking, this should be affixed:

  • to all new products, whether manufactured in the Member States or in third countries;
  • to used and second hand products imported from third countries.

Assessment modules

The decision provides for eight assessment procedures or “modules” which cover the design and production phases:

  • internal production control (module A);
  • CE type-examination (module B);
  • conformity to type (module C);
  • production quality assurance (module D);
  • product quality assurance (module E);
  • product verification (module F);
  • unit verification (module G);
  • full quality assurance (module H).

Context

Decision 93/465/EEC is repealed by Decision No 768/2008/EC on a common framework for the marketing of products. The provisions relating to EC marking.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision 93/465/EEC [procedure COM/93/144-02] 22.07.1993 OJ L 220 of 30.08.1993

Related Acts

THE “NEW APPROACH”

Council Resolution of 10 November 2003 on the Communication of the European Commission “Enhancing the Implementation of the New Approach Directives” [Official Journal C 282 of 25.11.2003].

Communication from the Commission of 7 May 2003 to the Council and the European Parliament “Enhancing the implementation of the New Approach Directives” [COM(2003) 240 final – Not published in the Official Journal].

In order to give fresh impetus to the technical harmonisation system, this Communication recommends better ways to implement the New Approach Directives.

Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and regulations on information society services [Official Journal L 204 of 21.07.1998].
This Directive aims to eliminate or reduce the barriers to the free movement of goods that can arise from the adoption of different national technical regulations.

Council Resolution of 21 December 1989 on a global approach to conformity assessment [Official Journal C 10 of 16.01.1990].

Council Resolution of 7 May 1985 on a new approach to technical harmonization and standards [Official Journal C 136 of 04.06.1985].

PRODUCT SAFETY

Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety [Official Journal L 11 of 15.01.2002].
The general safety of products placed on the market is guaranteed by Community legislation, which ensures a consistent, high level of protection for the health and safety of consumers.

Council Regulation (EEC) No 339/93 of 8 February 1993 on checks for conformity with the rules on product safety in the case of products imported from third countries [Official Journal L 40 of 17.02.1993].

Cedefop

Cedefop

Outline of the Community (European Union) legislation about Cedefop

Topics

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

Education training youth sport > Vocational training

Cedefop (European Centre for the Development of Vocational Training)

Document or Iniciative

Council Regulation (EEC) No 337/75 of 10 February 1975 establishing a European Centre for the Development of Vocational Training [See amending acts].

Summary

The purpose of the Centre is to support the Commission in promoting vocational education and training (VET), and in developing and implementing a common VET policy through its scientific and technical activities. Cedefop raises awareness and understanding of VET’s role in lifelong learning and of its contribution to other policies. It enjoys the broadest legal status in all Member States. The non-profit Centre is based in Thessaloniki (Greece), and its tasks are to:

  • compile documentation on developments in VET, and contribute to the development of VET research, providing evidence from research, statistical data and policy analysis to support VET policy-making;
  • disseminate all useful documentation and information through its website, publications, networks, study visits, conferences and seminars;
  • encourage and support a concerted approach to strengthening European cooperation in VET policy development, and to stimulate interest in the changing nature of occupations and vocational qualifications;
  • provide a forum that brings together diverse VET interests. This includes coordinating, on behalf of the Commission, the consolidated study visits for experts and officials, heads of education and training institutions, guidance and experience accreditation services, and social partners in the lifelong learning programme in line with the Decision on the lifelong learning programme 2008-13.

To attain its objectives, the Centre sets mid-term priorities and annual work programmes. Under its mid-term priorities for 2009-11, the Centre’s strategic objective is to “contribute to excellence in VET and strengthen European cooperation in developing, implementing and evaluating European VET policy”. This strategic objective is supported by four priorities, namely:

  • informing European VET policies;
  • interpreting European trends in and challenges for skills, competences and learning;
  • assessing the benefits of VET;
  • raising the profile of VET.

The outcomes of the Centre’s work are aimed at decision-makers in European institutions and Member States, and the social partners who are, uniquely, present at all levels of VET policy and practice. The Centre’s added value is the high quality of its analyses, and expertise and information to support European cooperation in VET, providing:

  • an independent scientific European perspective through comparative analyses of developments that raise awareness and understanding of VET issues across the EU;
  • insights into complex issues to identify common European approaches and principles to improve VET and achieve common aims;
  • a unique forum that brings together the diverse VET interests of policy-makers, social partners, researchers and practitioners to debate proposals for policy and research;
  • increased awareness of how VET is evolving, of its role in lifelong learning and how it contributes to other policies.

The Centre’s Governing Board adopts all strategic decisions, such as the mid-term priorities, the annual work programme and Cedefop’s estimate of revenue and expenditure. In doing so, it takes account of the needs indicated by Community institutions. The Board comprises 89 members (4 without voting rights) who represent the Commission (3), three distinct groups – governments (28 (rota system for Belgium)), employers’ organisations (27) and employees’ organisations (27) from each Member State – and the coordinators of the employees’ and the employers’ groups at European level. Norway and Iceland are also represented and have observer status. It meets once a year.

The Bureau monitors the implementation of the Governing Board’s decisions and the management of the Centre between Board meetings, as delegated by the Governing Board and in line with the Founding Regulation. It comprises the Chair of the Governing Board, its three Vice-Chairs, another Commission representative and a coordinator appointed by each of the three groups making up the Board.

The Director, who is appointed by the Commission from a list of candidates submitted by the Governing Board, carries out the decisions of the Governing Board and is responsible for the management of the Centre. He/she is the Centre’s legal representative and organises the meetings of the Governing Board and the Bureau. He/she draws up the final accounts and forwards them to the European Parliament, the Council of Ministers, the Commission and the Court of Auditors, together with the Governing Board’s opinion, and implements the Centre’s budget.

The Governing Board is required to send the Commission an estimate of revenue and expenditure for the following financial year by 31 March at the latest each year. This estimate is forwarded by the Commission to the European Parliament and the Council with the preliminary draft budget of the EU. The budgetary authority determines the appropriations available for the Centre.

The budgetary and financial rules applicable to Cedefop are in line with the general Financial Regulation as last amended. All expenditure and revenue of the Centre is checked by the Commission’s accounting officer, who draws up an annual report on budgetary and financial management and sends it to the Court of Auditors, the European Parliament and the Council of Ministers.

The Centre’s staff is subject to the staff regulations of the European Communities. Cedefop documents are available to all EU citizens and natural or legal persons without their having to justify their interest. This access is provided for in Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001.

REFERENCES

Act Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EEC) No 337/75

16.2.1975

OJ L of 39 13.2.1975

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EEC) No 1946/93

26.7.1993

OJ L 181 of 23.7.1993

Regulation (EC) No 1131/94

1.9.1994

OJ L 127 of 19.5.1994

Regulation (EC) No 251/95

1.3.1995

OJ L 30 of 9.2.1995

Regulation (EC) No 354/95

1.1.1995

OJ L 41 of 23.2.1995

Regulation (EC) No 1655/2003

1.10.2003

OJ L 245 of 29.9.2003

Regulation (EC) No 2051/2004

21.12.2004

OJ L335 of 1.12.2004

Related Acts

Report from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 13 June 2008 on the external evaluation of the European Centre for the Development of Vocational Training [COM(2008) 356 final – Not published in the Official Journal].
The Centre underwent an external evaluationto assess its relevance, added value, impact, effectiveness and efficiency during the period 2001-07 (original scope 2001-06). The evaluation report submitted by the Commission to the European Parliament was very positive.

Cedefop’s work was found to be relevant, with the Centre not only responding to the emerging EU VET policy agenda, but also helping influence its development at the highest levels. Since its foundation, the Centre has provided information for the VET community at large, acquiring a strong reputation and visibility in European VET. The Centre was also found to have a very distinct added value. No other organisation has such a dedicated focus and Europe-wide pool of experience and competence in VET. The evaluation noted key strengths where Cedefop clearly has a positive impact and brings added value: supporting the Education and Training 2010 work programme, analysing progress in the Copenhagen process to enhance European cooperation in VET and producing reports for ministerial meetings; bringing together relevant VET research to interpret current trends in Member States and filling knowledge gaps by providing much-needed analysis of current and future skills needs in Europe; providing a space where people in VET can come together to discuss key aspects, and promoting understanding and peer learning.

Ceramic objects in contact with foodstuffs

Ceramic objects in contact with foodstuffs

Outline of the Community (European Union) legislation about Ceramic objects in contact with foodstuffs

Topics

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

Food safety > Contamination and environmental factors

Ceramic objects in contact with foodstuffs

Document or Iniciative

Council Directive 84/500/EEC of 15 October 1984 on the approximation of the laws of the Member States relating to ceramic articles intended to come into contact with foodstuffs [See amending acts].

Summary

Ceramic objects used to contain foodstuffs may transfer lead and cadmium to these foodstuffs. These two metals are toxic and can constitute a risk to human health.

The Directive lays down maximum limits for the cadmium and lead transferred by ceramic objects to the foodstuffs with which they enter into contact.

Declaration of conformity

To be sold, these ceramics must be accompanied by a written declaration provided by the manufacturer or importer, guaranteeing that they do not exceed the maximum limits for lead and cadmium. The information required is described in Annex II (introduced by Directive 2005/31/EC).

The declaration was introduced to meet the requirements of Regulation (EC) No 1935/2004 on materials and articles intended to come into contact with food (Directive 84/500/EEC is a measure specific to the groups of materials and objects listed in Regulation (EC) No 1935/2004).

The maximum limits for lead and cadmium must be checked by means of a test and a method of analysis (Annex III, introduced by Directive 2005/31/EC).

These methods take into account the very latest scientific progress in methods of analysis for official tests of lead and cadmium in foodstuffs, in accordance with Directive 2001/22/EC (see the Associated Acts heading below).

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 84/500/EEC 17.10.1984 OJ L 277 of 20.10.1984; corrigenda: OJ L 114 of 27.04.1989 and OJ L 181 of 28.06.1989.
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Directive 2005/31/EC 21.05.2005 20.05.2006
20.05.2007 (Ban on the production and import of products that do not meet the criteria)
OJ L 110 of 30.04.2005

Related Acts

Commission Regulation (EC) No 333/2007 of 28 March 2007 laying down the methods of sampling and analysis for the official control of the levels of lead, cadmium, mercury, inorganic tin, 3-MCPD and benzo(a)pyrene in foodstuffs [Official Journal L 88 of 29.3.2007].