EN Official Journal of the European Union CE 84/201

(2004/C 84 E/0245)

WRITTEN QUESTION P-0342/04

by Dirk Sterckx (ELDR) to the Commission

(6 February 2004)

Subject: Restrictions on the opening up of the Belgian railways market

According to reports, the national railway company of Belgium, Belgian Railways, is enabling train drivers to change to another railway company that operates trains in Belgium. The driver's licence is not immediately transferred to the new employer, with the result that it loses its validity and the driver has to take another examination. On the other hand, Belgian railway legislation apparently does not allow the establishment and recognition of firms which are not themselves railway operators, but supply railway staff with a safety function (train drivers, shunters, guards) to other railway companies.

Is the Commission aware of these restrictions on the opening up of the market, and does it consider them to be compatible with European legislation in this area?

Answer given by Mrs de Palacio on behalf of the Commission

(26 February 2004)

The Commission is aware of these restrictions, which vary from country to country depending on the national legislation in force. In some cases, they could be in breach of current Community legislation and the regulatory body provided for in the first railway package (1) — in particular Article 30 of Directive 2001/14/EC, which should have been transposed into national law by all the Member States by 15 March 2003 — is responsible for intervening in the event of a complaint.

More generally, the second railway package (2) deals with the issue of driver certification, specifically in the Directive on rail safety for which the Honourable Member is rapporteur. However, the creation of a Community framework for driver certification goes beyond safety issues; other areas such as interoperability, the right to work, the mobility of workers between undertakings, as well as recognition of training and work experience must also be dealt with. In view of this complexity — highlighted during the debate on the second package — and in accordance with the indication given at the time of the Council's political agreement in March 2003, the Commission has drawn up a framework Directive for the certification of train drivers and all staff involved in crucial tasks relating to rail safety. This proposal, which is part of the third package (3), will be presented to the Parliament and the Council during the first half of 2004.

(1) 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, OJ L 75, 15.3.2001. Directive 2001/13/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 95/18/EEC on the licensing of railway undertakings, OJ L 75, 15.3.2001. 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, OJ L 75, 15.3.2001.

(2) http://europa.eu.int/comm/transport/rail/package/new_fr.htm

(3) Proposals from the third package due in the first half of 2004.