Opinion of the European Economic and Social Committee on the 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 — 2004/0048 (COD))
Date: 2005-02-09
Institutions: European Economic and Social Committee
Subjects: European standard, diploma, drivers, professional qualifications, rail network, rail transport, trans-European network, transport safety

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8.9.2005

Opinion of the European Economic and Social Committee on the 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 — 2004/0048 (COD))

(2005/C 221/14)

On 28 April 2004 the Council decided to consult the European Economic and Social Committee, under
Article 71 of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for
preparing the Committee's work on the subject, adopted its opinion on 17 January 2005. The rapporteur
was Mr Chagas.

At its 414th plenary session (meeting of 9 February 2005) the Committee adopted the following opinion
by 127 votes to 25 with 26 abstentions:

1. Introduction

1.2
The first railway package (also called the infrastructure
package) came into force on 15 March 2001 and had to be
It
transposed into national
comprises the following components:

legislation by 15 March 2003.

The present proposal forms part of the third railway
1.1
package, which was adopted by the European Commission on
3 March 2004. The other components are:

— amendment of Directive 91/440/EEC: liberalisation of inter-
national rail-passenger transport (COM(2004) 139 final);

— amendment of Directive 91/440/EEC, including free market
access for international rail freight on the trans-European
rail freight network by 15 March 2003 and liberalisation of
all international rail freight by 15 March 2008 (1);

— Proposal for a Regulation of the European Parliament and
of the Council on international rail passengers' rights and
obligations (COM(2004) 143 final);

— extension of the scope of the Directive on a European
licence for railway undertakings (amendment of Directive
95/18/EC) (2);

— Proposal for a Regulation on compensation and quality
(COM(2004) 144

rail-freight

services

for

requirements
final);

— harmonisation of the provisions governing the allocation of
railway-infrastructure capacity and the levying of charges
for the use of railway infrastructure and safety certification
(replaces Directive 95/19/EC) (3).

and

— Commission Communication on further integration of the

European rail system (COM(2004) 140 final);

— Commission staff working paper on gradually opening up
for international passenger services by rail

the market
(SEC(2004) 236).

1.3
In October 2003 the European Commission took nine
Member States to the European Court of Justice for failing to
notify the transposition of
railway package into
national law. By May 2004 five countries' notification had still
not been received and two Member States had transposed only
some of the provisions into national law.

the first

(1) Directive 2001/12/EC – OJ L 75 of 15.03.2001, p. 1 – EESC

opinion – OJ C 209 of 22.07.1999, p. 22

(2) Directive 2001/13/EC – OJ L 75 of 15.03.2001, p. 26 – EESC

opinion – OJ C 209 of 22.07.1999, p. 22

(3) Directive 2001/14/EC – OJ L 75 of 15.03.2001, p. 29 – EESC

opinion – OJ C 209 of 22.07.1999, p. 22

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1.4
The second railway package was published in the Offi-
cial Journal of the European Community on 30 April 2004 and
has to be transposed into national law by 30 April 2006. It
comprises the following components:

1.9
The present proposal partly reflects the social partners'
agreement on the introduction of a European train driver's
licence.

— amendment of Directive 91/440/EC: bringing forward free
market access for international rail freight to 1 January
including
2006 and liberalisation of national rail freight,
cabotage, from 1 January 2007 (1);

— Directive on railway safety in the Community (2);

— Regulation establishing a European Railway Agency (3):

1.10
The EESC has been informed by the European
Commission that the European social partners have formally
applied for the agreement on working conditions (working and
rest periods) to be implemented in the form of a Council Deci-
sion. This application is currently being examined by the
Commission.

— amendment of the Directives on the interoperability of the
high-speed rail system (96/48/EC) and the conventional rail
system (2001/16/EC) (4).

2. European Commission's proposal

1.5
The first and second railway packages provided the legal
basis for establishing a single rail-freight market. The measures
encompass market access, the licensing and safety certification
of railway undertakings, access to infrastructure and the calcu-
lation of charges for its use, the creation of a legal framework
for rail safety, and measures for ensuring the technical intero-
perability of the rail system.

2.1
The need to improve interoperability and staff manage-
ment is the reason given by the Commission for its draft Direc-
tive. The aim is to make the authorisation of railway undertak-
ings easier at the same time as maintaining a high level of
safety and guaranteeing the free movement of workers.

1.6
As the EESC has already pointed out in its opinion on
the second railway package (5), this new legal framework makes
it necessary to completely re-organise the sector and establish
new authorities and remits.

The Commission also quotes the European social part-

2.2
ners' objectives such as:

— to guarantee a high skills level for train crews in order to

maintain and enhance safety levels; and

1.7
The social provisions regarding the training and
working conditions of personnel carrying out safety-critical
duties are inadequately addressed or not addressed at all in this
framework.

— to reduce the risk of social dumping.

1.8
The European social partners in the rail sector — the
Community of European Railways (CER) and the European
Transport Workers' Federation (ETF) — signed two European
agreements on 17 January 2004 on the following subjects:

2.3
The Commission is proposing a certification process for
train drivers based on uniform minimum European standards.
Train drivers working on international routes are to be certified
first by 2010, followed by all other drivers working on national
routes by 2015.

1) Introduction of a European train driver's licence for drivers

engaged in cross-border services;

2.4
According to the Commission, the first step will involve
around 10 000 drivers in the Community and the second
around 200 000 drivers.

2) Certain aspects of the working conditions of train crews

engaged in cross-border services.

(1) Directive 2004/51/EC – OJ L 164 of 30.04.2004, p. 164 – EESC

opinion – OJ C 61 of 14.03.2003, p. 131

(2) Directive 2004/49/EC – OJ L 164 of 30.04.2004, p. 44 – EESC

opinion – OJ C 61 of 14.03.2003, p. 131

(3) Regulation (EC) No 881/2004 – OJ L 164 of 30.04.2004, p. 1 –

EESC opinion – OJ C 61 of 14.03.2003, p. 131

(4) Directive 2004/50/EC – OJ L 164 of 30.04.2004, p. 114 – EESC

opinion – OJ C 61 of 14.03.2003, p. 131

(5) OJ C 61 of 14.03.2003, p. 131

The Commission is also proposing a certification
2.5
process for other train staff indirectly involved in driving the
train. However, the draft Directive does not contain any specific
provisions on this matter and in particular does not contain
any provisions on the skills levels required of other train staff.
Account is to be taken of the principles laid down in the Direc-
tive. The skills requirements are to be defined later by the Euro-
pean Railway Agency or in the Technical Specifications for
Interoperability.

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The draft Directive makes provision for a two-part certi-

2.6
fication process:

3. Assessment of the Commission proposal

1) European driving licence, which is issued by the competent
authorities, is recognised throughout the Community, is the
property of the train driver, and attests to compliance with
basic requirements and the acquisition of basic skills;

3.1 Basic comments

2) harmonised complementary certificate, which is issued by
the railway undertaking, remains the property of the under-
taking and attests to specific knowledge relating to the
undertaking or infrastructure.

2.7
The competent authorities and the railway undertakings
are to keep registers indicating the respect qualifications and
their renewal as well as the suspension and amendment of the
licenses and the harmonised complementary certificates.

Three categories of

(A)
2.8
shunting locomotives and work trains, (B) passenger trains, and
(C) good trains.

train drivers are proposed:

The minimum age is to be 20, though this may be

2.9
lowered to 18 when drivers only work nationally.

2.10
The draft contains provisions about amending and
renewing licences and harmonised complementary certificates
and carrying out periodic checks
to ensure that holders
continue to meet the conditions set, and provisions about their
withdrawal and the possibilities for appealing against such deci-
sions. It also deals with inspections and penalties.

3.1.1

The EESC basically welcomes the proposal.

3.1.2
Train drivers and other staff performing safety-critical
tasks bear enormous responsibility for the safety of traffic, staff,
passengers and goods. In a liberalised rail market common
provisions must ensure a high level of skills.

3.1.3
Harmonised minimum provisions also make the cross-
border deployment of staff easier (1). However, differences in
Member States' operating systems and safety provisions more
than anything else stand in the way of the cross-border deploy-
ment of staff and will continue to do so for many years yet.
These differences plus the existence of different languages make
considerable further demands on staff's skills.

is

important

3.1.4
The EESC also points out that a high level of skills and
a certification process testifying to this help to ensure that the
profession continues to enjoy recognition and remain attrac-
tive. This
in a profession with unattractive
working hours and less job security following the rise in
temporary employment agencies. Undertakings in the road
transport and inland waterway sectors are already complaining
about the considerable difficulty in finding personnel. The aim
of this Directive cannot be to cut down on training.

Also contained in the proposal are provisions on
2.11
access to training, examinations, and the assessment of the
quality of training systems and procedures.

The traditional

3.1.5
self-regulated railway undertakings
have borne full responsibility for the training and skills levels
of staff and the safe operation of services. This has led to a
high level of skills and made the railways one of the safest
modes of transport.

2.12
Annex I deals with the Community model licence and
complementary certificate, while Annexes II to VII describes
drivers' duties, medical/psychological examinations and profes-
sional qualifications.

2.13
The European Railway Agency is to be asked to submit
a report by the end of 2010 in which it will also have to
examine the possibility of introducing a smartcard.

3.1.6
Care must be taken to ensure that the objective being
pursued with this Directive leads to greater mobility among
train drivers and discrimination-free access to training establish-
ments and not to a situation where the quality of training as a
whole deteriorates and the cost of training is passed on to the
workforce.

(1) However, it should be stressed that the exchange of train drivers
and crews at borders only takes a few minutes (e.g. eight minutes at
the Brenner border crossing). Border stops in the freight sector are
due more to other factors such as checking paperwork or inspecting
rolling stock.

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3.2 Individual provisions

3.2.1 Sc op e a nd i n tr odu c ti on of c e r t i fi ca t i on

territory from the age of 18 (Article 8).
In a number of
Member States (1) the minimum age is 21. The Directive would
result in a lowering of the minimum age, at least for cross-
border traffic.

The EESC supports the gradual introduction of certi-
3.2.1.1
fication for international and national traffic. This will make
it possible for undertakings to stagger operations.

However, the timeframe laid down in Article 34
3.2.1.2
(2008-2010 for cross-border traffic and 2010-2015 for drivers
operating nationally)
is surprising. The certification of train
drivers should take place before then given that the liberalisa-
tion of international freight traffic will have been in progress
since 2003/2006 and national freight traffic is to be liberalised
from 2007 onwards.

3.2.1.3
The EESC also welcomes the certification of train
crews. Staff performing safety functions play an important role
in rail safety. However, the proposed definition is incompre-
hensible: ‘Apart from the driver, any staff member present on
board the locomotive or train and indirectly involved in driving
the locomotive or train ….’ (Article 25). It would be better to
talk of train crew members who perform safety tasks. The
EESC thinks that it would be preferable for the Directive to also
specify the tasks to be performed by this category of staff and
the skills required.

3.2.2 Ca te g or i e s of t r a i n dr i v e r s

Three ‘driving licence categories’ are proposed —
3.2.2.1
shunting locomotives and work trains; carriage of passengers;
and carriage of goods (Article 4(2)). A distinction between
passenger and freight traffic is not practical, and there is no
substantive reason for such a distinction. The training and the
actual work involved is no different. Separate certificates are to
be issued to testify to knowledge of the locomotives used, but
often the locomotives are the same. Two categories — based
on safety requirements — are sufficient: locomotives operating
on closed lines (marshalling yards, worksites) and locomotives
operating on open lines (main-line train drivers).

The EESC also thinks it would be more appropriate
3.2.2.2
to indicate the category on the driving licence and not on the
harmonised complementary certificate.

3.2.3 M i ni mu m a g e a nd p r ofe ssi ona l e x p e r i e nc e

The EESC thinks that the minimum age should be
3.2.3.2
set at 21. Cross-border traffic is more demanding and requires
better qualified staff. This age requirement is also compatible
with the option of being able to specify a lower age limit for
national traffic.

3.2.3.3
The EESC would also welcome three years' profes-
sional experience as a national main-line train driver, before
being engaged as a driver in international traffic. A similar
provision for national traffic is already included in Article 10.
In the case of railway companies who are offering international
rail transport services only, the necessary experience of the
drivers could be obtained in cooperation with other railway
companies that offer national services.

3.2.4 St r u c tu r e of th e ce r ti fi c a ti on p r oc e ss

The Commission proposes a two-part certification
3.2.4.1
process, viz. a European driving licence issued by the relevant
authority and recognised throughout Europe and a harmonised
certificate issued by railway undertakings. The reason given for
dividing the process into two parts is that the uniform licence
with smartcard that was originally planned is too complicated
and costly to introduce.

3.2.4.2
structure
The EESC agrees basically with the
proposed by the Commission. However, the use of two docu-
ments could cause confusion. This is particularly so with infra-
structure knowledge. A clear distinction should be made
the operating and safety provisions
between knowledge of
applicable to a given infrastructure and knowledge of lines and
localities. Whereas knowledge of
the operating provisions
applicable to one or several infrastructure networks should be
certified on the driving licence, knowledge of lines and local-
ities — which has to be regularly updated — would have to be
certified on the harmonised complementary certificate.

3.2.4.3
The two-part certification process is possible for a
transitional period. However, the ultimate aim is to issue a
single document with smartcard which testifies to the holder's
basic knowledge and knowledge relating to a specific under-
taking, and this fact should not be lost sight of.

3.2.3.1
The draft Directive specifies a minimum age of 20,
though a Member State may issue a licence valid only on its

(1) For example, Austria, Denmark, Netherlands, Germany and Norway

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3.2.5 A cc r e di t a ti on of e x a mi ne r s a nd tr a i ni ng e sta b -

li sh me nts

3.2.7.2 With regard to the periodic medical check-ups, the
Commission has followed the line taken in the European social
partners' agreement.

3.2.5.1
The European Railway Agency is to have the task of
drawing up criteria for the accreditation of trainers, examiners
and training establishments. The EESC considers this to be a
practicable solution, but thinks that the Directive is unclear on
a number of points. It is not clearly stated which tests are to be
carried out by an accredited examiner and which skills are to
be certified by the railway undertaking itself, without an accre-
dited examiner. And it is also not clearly stated that testing
knowledge of a given infrastructure's operating and safety
system is to be carried out by an examiner who has been accre-
dited by the particular Member State.

3.2.6 Pr ofe ssi ona l

q u a li fi ca ti on s

a nd

me di ca l/

p s y c h ol og i c a l r e q u i r e m e n t s

The draft Directive's annexes list train drivers' duties,
3.2.6.1
the general and specific professional knowledge required and
the medical/psychological
the
Commission has followed the line taken in the European social
partners' agreement on the introduction of a European train
driver's licence.

requirements.

In general

The EESC welcomes the Commission's decision to
3.2.6.2
base itself on the professional and medical/psychological
requirements laid down by the social partners. This will guar-
antee a high level of skills from which traffic safety will benefit.
The EESC broadly thinks that the necessary qualifications and
requirements for a train driver's certification should be specified
within the body of the Directive.

Amendments to the annexes are to be made by the
3.2.6.3
committee of Member States' representatives, which is also to
be responsible for the adoption of the Technical Specifications
for Interoperability (TIS). Consultation of the social partners is
to be mandatory on matters relating to qualifications and occu-
pational and health protection within the framework of the
interoperability directives. Since the Directive's annexes on the
certification of train crews are based on definitions of the Euro-
pean social partners,
it is logical that these social partners
should be involved in work on amending the annexes. The
EESC insists on a provision to this effect in the Directive.

3.2.7 Pe r i odi c ch e cks

3.2.7.1
ensure that a licence or harmonised certificate can be kept.

Certain knowledge must be checked periodically to

3.2.7.3
The EESC would point to the need for psychological
counselling after rail accidents involving people (which often
means people committing suicide in front of trains). This has
been overlooked in the Directive (Article 14 in conjunction
with Annex III).

3.2.7.4
The proposal is too imprecise on the subject of the
regular updating of line knowledge. It should be clearly speci-
fied that the certification of line knowledge lapses if the line
has not been driven on for one year.

3.2.7.5
The Directive says nothing about the further training
of train drivers at regular intervals in the field of general knowl-
edge. This is a matter addressed in the European social partners'
agreement. The EESC recommends that, in keeping with this
agreement, the Directive should provide that basic aptitudes
shall be developed and refreshed annually.

3.2.8 Wi t h dr a w a l of li ce nce s

The Directive stipulates that

3.2.8.1
train drivers are to
notify the competent authorities if they no longer satisfy the
conditions required to perform their duties. This is tantamount
to drivers ‘handing themselves in’, which they cannot do. Only
an accredited occupational doctor is able to take this decision
and inform the undertaking. And it is the undertakings which
must notify the authorities.

3.2.8.2
getting back a licence after it has been taken away.

The Directive does not lay down the procedure for

4. Proposal for a Directive on the certification of train
crews and the European social partners' agreement on
the introduction of a European driving licence

4.1
The EESC welcomes the fact that the European social
partners — the CER and ETF — have acted themselves and
have already proposed a system of licensing for train drivers
operating on international routes.

4.2
The advantage of the agreement is that employees in
undertakings that are CER members will be required to be
highly qualified quite soon and that it will not be necessary to
wait until 2010. These undertakings must not be penalised vis-
à-vis undertakings which do not apply the agreement.

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4.3
The EESC thinks that full account must be taken of the
European social partners' agreement in areas where it overlaps
with the scope of the Directive.

4.4
The European social partners' agreement assumes that
the train drivers concerned always have some form of national
certification, and therefore does not regulate this matter. This is
based on traditional
railway undertakings' many years of
experience in cooperating on routes.

4.5
The European train driver's licence provided for in the
social partners' agreement is an additional licence which testi-
fies to the additional knowledge needed to drive on another
country's infrastructure. This is issued by the undertakings and
is the property of the undertakings.

4.6
The harmonised complementary certificate proposed in
the Directive tallies more or less with the European train
driver's licence.

4.7
The EESC asks the Commission to examine to what
extent the European train driver's licence provided for in the
social partners' agreement can be recognised as being equiva-
lent to the harmonised complementary certificate for a transi-
tional period in order to accommodate the undertakings which
have already become active on this front. The Directive should
contain a provision to this effect.

The EESC thinks that undertakings which have signed
4.8
up to the social partners' agreement will be disadvantaged vis-
à-vis undertakings using the Directive's system of certification
insofar as further training in general professional knowledge is
to be provided annually under the terms of the agreement, but
this provision has not been included in the draft Directive
despite being crucial for maintaining skills levels.

Brussels, 9 February 2005.

5. Conclusions

5.1
The EESC welcomes the proposal for a Directive on the
certification of train crews. It regrets that this social measure is
being presented as the final link in a chain of European legisla-
tive provisions for liberalising the rail-freight sector.

Train drivers and crews have key roles to play in the
5.2
field of safety. The certification of train drivers and crews must
guarantee that they are highly qualified.

5.3
The EESC is concerned about the enormous time lapse
between the complete opening-up of the market in rail freight
and the deadlines for the introduction of certification and asks
the Commission to take all possible steps in order to reduce
this gap.

5.4
The EESC therefore calls on the Council and the Euro-
pean Parliament to remove the draft Directive for the certifica-
tion of train crews from the third package and to handle it
separately so as to avoid further delays. The European Parlia-
ment and the Council should adopt the Directive quickly and
as a matter of priority.

In so doing, they should take full account of the EESC's

5.5
opinion and the amendments proposed therein.

5.6
The EESC welcomes the European social partners' agree-
ment on certain aspects of the working conditions of train
crews engaged in cross-border services. It calls on the Commis-
sion to submit the agreement to the Council for a decision and
recommends to the Council that it adopt the proposal.

The President

of the European Economic and Social Committee

Anne-Marie SIGMUND

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APPENDIX

to the Opinion of the European Economic and Social Committee (in accordance with Rule 54 (3) of the Rules
of Procedure)

The following proposal for amendment, which won more than a quarter of the votes cast, was rejected in the course of
the discussions.

Point 3.2.3.3

Delete.

Reason

The proposal for a directive makes provision for a two-part certification process:

— a European driving licence, recognised throughout the Community,

— a harmonised complementary certificate, which attests to specific knowledge relating to the undertaking or infra-

structure.

The directive also lays down provisions on the amendment and renewal of driving licences and harmonised complemen-
tary certificates, and provides for periodic checks to ensure that holders continue to meet the conditions set.

The purpose of the harmonised complementary certificate is to ascertain a driver's skill and familiarity with the line(s) in
question.

There is therefore no reason to introduce an additional three-year probationary period for drivers engaged in interna-
tional traffic, which, as point 3.2.3.3 stands, would be on top of the two years which may be required for drivers to
progress from the shunting locomotives category to the national mainline trains categories (passenger and goods trains).

This requirement, which would be tantamount to introducing a five-year probationary period, would reduce the value of
the harmonised complementary certificate and conflict with the desire to facilitate cross-border interoperability. Its
effect, or purpose, would be to stop the development and improvement of cross-border rail links.

Lastly, there is no need to introduce different requirements for train drivers working on national routes and those
working on the international network, since the harmonised complementary certificate is, in any case, a guarantee of
skill and familiarity with the network.

For these reasons, there is no basis for point 3.2.3.3 and it should be deleted.

Results of voting

For: 59

Against: 100

Abstention: 11.