natgillin/translations-raw huggingface dataset:
The certificate issued by the railway undertaking or infrastructure manager must also show the date of the holder's most recent medical examination. this is important for the checks carried out by the competent authorities, including those carried out on the train.
The certificate issued by the railway undertaking or infrastructure manager must also show the date of the holder's most recent medical examination. this is important for the checks carried out by the competent authorities, including those carried out on the train.
Приложение II, раздел 3, точка 3.1., параграфи 2 до 4
Annex II, section 3, point 3.1., paragraphs 2 to 4
In addition to this frequency, the medical doctor must increase the frequency of examinations if the health of the member of staff so requires.
In addition to this frequency, the medical doctor must increase the frequency of examinations if the health of the member of staff so requires.
В допълнение към тази периодичност, специалистът по трудова медицина е длъжен да увеличи честотата на прегледите, ако здравословното състояние на члена на персонала го налага.
In addition to this frequency, the occupational physician must increase the frequency of examinations if the health of the member of staff so requires.
Without prejudice to Article 16(1) an appropriate medical examination must be carried out when there is a reason to doubt that a holder of the licence or certificate no longer fulfils the medical requirements set out in section 1 of Annex II.
Without prejudice to Article 16(1) an appropriate medical examination must be carried out when there is a reason to doubt that a holder of the licence or certificate no longer fulfils the medical requirements set out in section 1 of Annex II.
Без да се накърнява член 16, параграф 1 подходящ медицински преглед трябва да се проведе, когато има основания за съмнение, че притежателят на лиценза или свидетелството е престанал да отговаря на медицинските изисквания, определени в раздел 1 на Приложение II.
Without prejudice to Article 16(1) an appropriate medical examination must be carried out when there is a reason to doubt that a holder of the licence or certificate no longer fulfils the medical requirements set out in section 1 of Annex II.
Physical fitness must be checked regularly and after any occupational accident.
Physical fitness must be checked regularly and after any occupational accident.
The medical doctor or the medical service of the undertaking can decide to carry out an additional appropriate medical examination, particularly after a period of at least 30 days' sick leave.
The medical doctor or the medical service of the undertaking can decide to carry out an additional appropriate medical examination, particularly after a period of at least 30 days' sick leave.
The employer must ask the physician to check the physical fitness of the driver if the employer had to withdraw the driver from service for safety reasons.
The employer must ask the physician to check the physical fitness of the driver if the employer had to withdraw the driver from service for safety reasons.
Физическата годност трябва да бъде проверявана редовно и след всяка трудова злополука или всеки период на отпуск след инцидент, при който са засегнати хора .
Physical fitness must be checked regularly and after any occupational accident or any period of leave following an accident involving persons .
Специалистът по трудова медицина или медицинската служба на предприятието може да реши да проведе допълнителен подходящ медицински преглед, по-специално след период от най-малко 30 дни отпуск по болест.
The occupational physician or the medical service of the undertaking can decide to carry out an additional appropriate medical examination, particularly after a period of at least 30 days' sick leave.
Работодателят трябва да отправи искане до акредитиран медицински специалист за проверка на физическата годност на машиниста, ако се е наложило отстраняване на машиниста от служба по съображения за безопасност.
The employer must ask the accredited physician to check the physical fitness of the driver if the employer had to withdraw the driver from service for safety reasons.
This amendment reinstates Amendment No 43 adopted by the European Parliament on first reading.
This amendment reinstates Amendment No 43 adopted by the European Parliament on first reading.
Occupational accidents do not always comprise accidents involving persons (suicides, accidents at crossings, etc.).
Occupational accidents do not always comprise accidents involving persons (suicides, accidents at crossings, etc.).
These accidents are traumatic for train drivers, whose fitness for work should be examined after any such incident.
These accidents are traumatic for train drivers, whose fitness for work should be examined after any such incident.
On 3 March 2004 the Commission set out a series of four legislative proposals (‘Third Railway Package’), consideration of which by the Council began in April 2004 and by Parliament in October 2004.
On 3 March 2004 the Commission set out a series of four legislative proposals (‘Third Railway Package’), consideration of which by the Council began in April 2004 and by Parliament in October 2004.
One of these proposals concerns the certification of train crews operating locomotives and trains on the Community’s rail network.
One of these proposals concerns the certification of train crews operating locomotives and trains on the Community’s rail network.
This proposal transposes into Community law the substance of the first European sectoral agreement between European railway companies and railway unions, signed on 27 January 2004.
This proposal transposes into Community law the substance of the first European sectoral agreement between European railway companies and railway unions, signed on 27 January 2004.
This text provides for the introduction of a European licence made up of two parts: the EU licence as such (issued on the basis of minimum general Community requirements), and a harmonised complementary certificate, which reflects the requirements associated with the use of a particular rail network.
This text provides for the introduction of a European licence made up of two parts: the EU licence as such (issued on the basis of minimum general Community requirements), and a harmonised complementary certificate, which reflects the requirements associated with the use of a particular rail network.
In addition, this text seeks to better define powers and responsibilities with regard to training, evaluation and recognition of qualifications of train drivers and crew members performing safety-related tasks.
In addition, this text seeks to better define powers and responsibilities with regard to training, evaluation and recognition of qualifications of train drivers and crew members performing safety-related tasks.
Parliament completed its first reading on 28 September 2005.
Parliament completed its first reading on 28 September 2005.
The Council adopted its common position on 14 September 2006.
The Council adopted its common position on 14 September 2006.
The Commission then presented its communication on the common position on 18 September 2006.
The Commission then presented its communication on the common position on 18 September 2006.
Brief outline of the points of contention between the Council common position and Parliament’s legislative resolution
Brief outline of the points of contention between the Council common position and Parliament’s legislative resolution
In its common position the Council accepted in full three of the amendments proposed by Parliament (Amendments 27, 36 and 44).
In its common position the Council accepted in full three of the amendments proposed by Parliament (Amendments 27, 36 and 44).
Many of Parliament’s other amendments were also endorsed in a general sense in the Council common position, using somewhat different wording.
Many of Parliament’s other amendments were also endorsed in a general sense in the Council common position, using somewhat different wording.
Nevertheless, some differences can be noted between the Council text and Parliament’s text:
Nevertheless, some differences can be noted between the Council text and Parliament’s text:
- The Council and Parliament disagree markedly on the Directive’s scope.
- The Council and Parliament disagree markedly on the Directive’s scope.
The Council limits the Directive’s scope to train drivers and does not require any certification of other crew members.
The Council limits the Directive’s scope to train drivers and does not require any certification of other crew members.
Parliament, on the other hand, had set out the principle of a clear distinction between the rules applying to train drivers and the rules applying to other crew members performing safety-related tasks.
Parliament, on the other hand, had set out the principle of a clear distinction between the rules applying to train drivers and the rules applying to other crew members performing safety-related tasks.
The proposal was for this latter group to be subject to a slightly different certification process.
The proposal was for this latter group to be subject to a slightly different certification process.
- There are also differences of approach regarding the implementation of the Directive.
- There are also differences of approach regarding the implementation of the Directive.
Parliament favoured a speedy implementation of the Directive in line with the opening of the rail freight market, while the Council advocated a progressive implementation.
Parliament favoured a speedy implementation of the Directive in line with the opening of the rail freight market, while the Council advocated a progressive implementation.
- Several points of contention relate to the procedures for obtaining the documents in question: the conditions for issuing the licence, the validity of the licence (the Council is seeking to extend the validity of the licence to 10 years), obtaining the harmonised complementary certificate, the frequency of checks on driver’s fitness and skills (the Council proposes every three years).
- Several points of contention relate to the procedures for obtaining the documents in question: the conditions for issuing the licence, the validity of the licence (the Council is seeking to extend the validity of the licence to 10 years), obtaining the harmonised complementary certificate, the frequency of checks on driver’s fitness and skills (the Council proposes every three years).
- There are certain differences of position regarding the tasks of the competent authority: the Council did not endorse the amendment allowing drivers to access stored data which concerns them.
- There are certain differences of position regarding the tasks of the competent authority: the Council did not endorse the amendment allowing drivers to access stored data which concerns them.
- The Council and Parliament also disagree over the issue of financing drivers’ training.
- The Council and Parliament also disagree over the issue of financing drivers’ training.
In its first reading Parliament adopted a compromise amendment under which a railway undertaking recruiting a driver whose training had been funded by the previous employer for which the driver had worked for less than five years would refund to that previous undertaking the cost of the training.
In its first reading Parliament adopted a compromise amendment under which a railway undertaking recruiting a driver whose training had been funded by the previous employer for which the driver had worked for less than five years would refund to that previous undertaking the cost of the training.
- There are some differences regarding the certification of drivers in general.
- There are some differences regarding the certification of drivers in general.
While the Council has endorsed Parliament’s idea of having only two categories (A: work trains, shunting locomotives; B: passenger or goods trains) for the areas covered by the harmonised complementary certificate, it has not accepted the minimum requirements relating to professional experience proposed by Parliament.
While the Council has endorsed Parliament’s idea of having only two categories (A: work trains, shunting locomotives; B: passenger or goods trains) for the areas covered by the harmonised complementary certificate, it has not accepted the minimum requirements relating to professional experience proposed by Parliament.
The rapporteur’s approach and proposed amendments
The rapporteur’s approach and proposed amendments
In view of the opening-up of rail freight traffic (since 15 March 2003 for international traffic and from 1 January 2007 for cabotage) and in the longer term the probable opening-up of passenger traffic, there is an urgent need to lay down standard European technical rules on the operation of trains.
In view of the opening-up of rail freight traffic (since 15 March 2003 for international traffic and from 1 January 2007 for cabotage) and in the longer term the probable opening-up of passenger traffic, there is an urgent need to lay down standard European technical rules on the operation of trains.
Nevertheless, your rapporteur feels that several points in the common position need to be modified to be fully in accordance with the spirit of Parliament’s first reading.
Nevertheless, your rapporteur feels that several points in the common position need to be modified to be fully in accordance with the spirit of Parliament’s first reading.
· The certification of crew members directly involved in tasks relating to the safety of the train and its passengers
· The certification of crew members directly involved in tasks relating to the safety of the train and its passengers
According to the common position text, the Council would not subject crew members to any certification procedure.
According to the common position text, the Council would not subject crew members to any certification procedure.
Your rapporteur believes that crew members indisputably contribute to the safety of trains.
Your rapporteur believes that crew members indisputably contribute to the safety of trains.
European certification should be required for such staff and your rapporteur wishes to reach a compromise with the Council on this point.
European certification should be required for such staff and your rapporteur wishes to reach a compromise with the Council on this point.
Consequently, your rapporteur proposes extending the subject of the Directive to include crew members who help to ensure safety on trains (Amendment 3), who, it should be added, are covered by Article 27 of the Directive.
Consequently, your rapporteur proposes extending the subject of the Directive to include crew members who help to ensure safety on trains (Amendment 3), who, it should be added, are covered by Article 27 of the Directive.
Furthermore, your rapporteur proposes a new wording for Article 27, and certification for crew members whose tasks are now specified in Annex VIII of the Directive.
Furthermore, your rapporteur proposes a new wording for Article 27, and certification for crew members whose tasks are now specified in Annex VIII of the Directive.
· The question of training costs borne by the undertaking following the early departure of a driver
· The question of training costs borne by the undertaking following the early departure of a driver
The training of train drivers will be carried out by bodies approved by national safety authorities and the European Agency, with the possibility therefore that railway undertakings will continue to provide training for drivers, as is the case today in most Member States.
The training of train drivers will be carried out by bodies approved by national safety authorities and the European Agency, with the possibility therefore that railway undertakings will continue to provide training for drivers, as is the case today in most Member States.
In line with the amendment adopted by Parliament at first reading, your rapporteur believes that, given the competitive environment we are in and in order to avoid pointless and costly disputes, a safeguard clause needs to be included to protect the investments made by railway undertakings.
In line with the amendment adopted by Parliament at first reading, your rapporteur believes that, given the competitive environment we are in and in order to avoid pointless and costly disputes, a safeguard clause needs to be included to protect the investments made by railway undertakings.
Your rapporteur therefore proposes the reincorporation in the common position text of the amendment stipulating that the voluntary departure of a driver from the railway undertaking which trained him shall oblige the railway undertaking employing him to refund to the original railway undertaking a sum proportionate to the residual cost of training, based on harmonised criteria which will have to be drawn up following a recommendation from the Agency.
Your rapporteur therefore proposes the reincorporation in the common position text of the amendment stipulating that the voluntary departure of a driver from the railway undertaking which trained him shall oblige the railway undertaking employing him to refund to the original railway undertaking a sum proportionate to the residual cost of training, based on harmonised criteria which will have to be drawn up following a recommendation from the Agency.
· The question of professional experience
· The question of professional experience
Your rapporteur wishes to maintain the possibility for each Member State to stipulate minimum professional experience in category A in order to obtain a category B complementary certificate.
Your rapporteur wishes to maintain the possibility for each Member State to stipulate minimum professional experience in category A in order to obtain a category B complementary certificate.
· The question of compatibility between the annexes and the TSIs and revision of the annexes
· The question of compatibility between the annexes and the TSIs and revision of the annexes
Your rapporteur would point out that the minimum requirements (defined in Annexes II to VI) for obtaining a licence (part 1) or the harmonised driver’s certificate (part 2) generally fall within the scope of the TSIs, on the basis of Directives 96/48/EC and 2001/16/EC, as revised by Directive 2004/50/EC.
Your rapporteur would point out that the minimum requirements (defined in Annexes II to VI) for obtaining a licence (part 1) or the harmonised driver’s certificate (part 2) generally fall within the scope of the TSIs, on the basis of Directives 96/48/EC and 2001/16/EC, as revised by Directive 2004/50/EC.
It might therefore be asked whether they should be included in this Directive.
It might therefore be asked whether they should be included in this Directive.
Your rapporteur takes the view that the annexes should be maintained in the current proposal for a directive for two basic reasons:
Your rapporteur takes the view that the annexes should be maintained in the current proposal for a directive for two basic reasons:
- the purpose of the Directive implies that the minimum requirements for qualification, and hence certification, of staff must be clearly defined;
- the purpose of the Directive implies that the minimum requirements for qualification, and hence certification, of staff must be clearly defined;
- most of these minimum requirements have been the subject of an agreement between the parties concerned as part of the sectoral social dialogue, which means subsequent renegotiation in the context of TSIs will be unnecessary.
- most of these minimum requirements have been the subject of an agreement between the parties concerned as part of the sectoral social dialogue, which means subsequent renegotiation in the context of TSIs will be unnecessary.
Nevertheless, in order to avoid a situation where the possible future need to adapt these requirements to technical and human progress entails a necessarily complex and lengthy revision of the Directive, your rapporteur proposes that the annexes be revised using the procedure laid down for the adoption of TSIs, whilst fully respecting the procedures laid down by Directive 2004/50/EC and Regulation 881/2004/EC establishing the European Railway Agency.
Nevertheless, in order to avoid a situation where the possible future need to adapt these requirements to technical and human progress entails a necessarily complex and lengthy revision of the Directive, your rapporteur proposes that the annexes be revised using the procedure laid down for the adoption of TSIs, whilst fully respecting the procedures laid down by Directive 2004/50/EC and Regulation 881/2004/EC establishing the European Railway Agency.
To this end your rapporteur is resubmitting two amendments adopted by Parliament at first reading.
To this end your rapporteur is resubmitting two amendments adopted by Parliament at first reading.
Council common position for adopting a regulation 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
Council common position for adopting a regulation 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
Gilles Savary 26.9.2006
Gilles Savary 26.9.2006
Gabriele Albertini, Margrete Auken, Inés Ayala Sender, Etelka Barsi-Pataky, Paolo Costa, Michael Cramer, Arūnas Degutis, Luis de Grandes Pascual, Christine De Veyrac, Petr Duchoň, Saïd El Khadraoui, Emanuel Jardim Fernandes, Roland Gewalt, Mathieu Grosch, Ewa Hedkvist Petersen, Jeanine Hennis-Plasschaert, Stanisław Jałowiecki, Georg Jarzembowski, Dieter-Lebrecht Koch, Rodi Kratsa-Tsagaropoulou, Jörg Leichtfried, Bogusław Liberadzki, Eva Lichtenberger, Erik Meijer, Robert Navarro, Seán Ó Neachtain, Josu Ortuondo Larrea, Willi Piecyk, Reinhard Rack, Gilles Savary, Renate Sommer, Dirk Sterckx, Ulrich Stockmann, Gary Titley, Georgios Toussas, Armando Veneto, Marta Vincenzi, Corien Wortmann-Kool, Roberts Zīle
Gabriele Albertini, Margrete Auken, Inés Ayala Sender, Etelka Barsi-Pataky, Paolo Costa, Michael Cramer, Arūnas Degutis, Luis de Grandes Pascual, Christine De Veyrac, Petr Duchoň, Saïd El Khadraoui, Emanuel Jardim Fernandes, Roland Gewalt, Mathieu Grosch, Ewa Hedkvist Petersen, Jeanine Hennis-Plasschaert, Stanisław Jałowiecki, Georg Jarzembowski, Dieter-Lebrecht Koch, Rodi Kratsa-Tsagaropoulou, Jörg Leichtfried, Bogusław Liberadzki, Eva Lichtenberger, Erik Meijer, Robert Navarro, Seán Ó Neachtain, Josu Ortuondo Larrea, Willi Piecyk, Reinhard Rack, Gilles Savary, Renate Sommer, Dirk Sterckx, Ulrich Stockmann, Gary Titley, Georgios Toussas, Armando Veneto, Marta Vincenzi, Corien Wortmann-Kool, Roberts Zīle
по общата позиция на Съвета за приемане на регламент на Европейския парламент и на Съвета относно правото, приложимо към извъндоговорни задължения ("Рим II")
on the Council common position for adopting a regulation of the European Parliament and of the Council on the law applicable to non-contractual obligations ("ROME II")
PE 378.852v02-00
PE 378.852v02-00
за общата позиция на Съвета с оглед приемане регламент на Европейския парламент и на Съвета относно правото, приложимо към извъндоговорни задължения ("Рим II")
on the Council common position for adopting a regulation of the European Parliament and of the Council on the law applicable to non-contractual obligations ("ROME II")
– като взе предвид общата позиция на Съвета (9751/7/2006 – C6‑0317/2006 ),
– having regard to the Council common position (9751/7/2006 – C6‑0317/2006 ),
– като взе предвид промененото предложение на Комисията ( COM(2006)0083 ),
– having regard to the amended Commission proposal ( COM(2006)0083 ),
– като взе предвид препоръката за второ четене на комисията по правни въпроси ( A6‑0481/2006 ),
– having regard to the recommendation for second reading of the Committee on Legal Affairs ( A6‑0481/2006 ),