European Parliament legislative resolution on the Council common position with a view to the adoption of a directive of the European Parliament and of the Council on the certification of train drivers operating locomotives and trains on the railway system in the Community (5893/5/2006 - C6-0310/2006 - 2004/0048(COD))
Date: 2007-01-18
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: European standard, diploma, drivers, professional qualifications, rail network, rail transport, trans-European network, transport safety

18.10.2007

EN

Official Journal of the European Union

C 244 E/127

Article 3

Thursday 18 January 2007

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to
comply with this Directive before … (*). They shall forthwith communicate to the Commission the text of
those provisions.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be
accompanied by such reference at the time of their official publication. The methods of making such refer-
ence shall be determined by the Member States.

2. Member States shall communicate to the Commission the text of the main provisions of national law
which they adopt in the field covered by this Directive.

3.

The provisions of points 2, 5, 6 and 7 of Article 1 shall apply from 1 January 2010.

This Directive shall enter into force on the day following that of its publication in the Official Journal of the
European Union.

Article 4

Article 5

This Directive is addressed to the Member States.

Done at …, on …

For the European Parliament
The President

For the Council
The President

(*) 18 months after the entry into force of this Directive.

P6_TA(2007)0004

Certification of train drivers operating locomotives and trains on the railway sys-
tem in the Community ***II

European Parliament legislative resolution on the Council common position with a view to the
adoption of a directive of the European Parliament and of the Council on the certification of train
drivers operating locomotives and trains on the railway system in the Community (5893/5/2006 —
C6-0310/2006 — 2004/0048(COD))

(Codecision procedure: second reading)

The European Parliament,

— having regard to the Council common position (5893/5/2006 — C6-0310/2006) (1),

— having regard to its position at first reading (2) on the Commission proposal to Parliament and the

Council (COM(2004)0142) (3),

— having regard to Article 251(2) of the EC Treaty,

(1) OJ C 289 E, 28.11.2006, p. 42.
(2) OJ C 227 E, 21.9.2006, p. 464.
(3) Not yet published in OJ.

C 244 E/128

Official Journal of the European Union

EN

18.10.2007

Thursday 18 January 2007

— having regard to Rule 62 of its Rules of Procedure,

— having regard to the recommendation for second reading of the Committee on Transport and Tour-

ism (A6-0480/2006),

1.

2.

Approves the common position as amended;

Instructs its President to forward its position to the Council and Commission.

P6_TC2-COD(2004)0048

Position of the European Parliament adopted at second reading on 18 January 2007 with a view to
the adoption of Directive 2007/…/EC of the European Parliament and of the Council on the certi-
fication of train drivers operating locomotives and trains and other crew members performing safety-
related tasks on the railway system in the Community

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1),

Having regard to the Opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

(1)

(2)

(3)

Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on safety on
the Community's railways (4) requires infrastructure managers and railway undertakings to establish
their safety management systems in such a way that the railway system is at least able to achieve the
common safety targets and comply with the national safety rules and safety requirements defined in
the technical specifications for interoperability (‘TSIs’) and that the relevant parts of the common
safety methods are applied. These safety management systems provide, among other things, for staff
training programmes and systems which ensure that staff competence is maintained and that duties
are performed in the appropriate manner.

Directive 2004/49/EC provides that, in order to gain access to railway infrastructure, a railway under-
taking has to hold a safety certificate.

Under Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's rail-
ways (5), licensed railway undertakings have had, since 15 March 2003, a right of access to the trans-
European freight network for international rail freight services and, from 2007 at the latest, will have
a right of access to the entire network for domestic and international freight services. This gradual
extension of access rights will inevitably lead to an increase in the movement of train drivers across
national borders. The result will be a growing demand for drivers trained and certified for operation
in more than one Member State.

(1) OJ C 221, 8.9.2005, p. 64.
(2) OJ C 71, 22.3.2005, p. 26.
(3) Position of

the European Parliament of 28 September 2005 (OJ C 227 E, 21.9.2006, p. 464), Council
Common Position of 14 September 2006 (OJ C 289 E, 28.11.2006, p. 42) and Position of the European Parliament
of 18 January 2007.

(4) OJ L 164, 30.4.2004, p. 44. Corrected version in OJ L 220, 21.6.2004, p. 16.
(5) OJ L 237, 24.8.1991, p. 25. Directive as last amended by Directive 2004/51/EC of the European Parliament and of

the Council (OJ L 164, 30.4.2004, p. 164). Corrected version in OJ L 220, 21.6.2004, p. 58.