Olaf Mette, Project Officer Brussels, 29-30/01/2014 R I S Committee – 69 th Meeting TDD Art33 Report - Conclusions

2 THE TASK: Directive 2007/59/EC, Article 33: Agency Report (…) evaluate the development of the certification of train drivers and submit to the Commission a report containing, where appropriate, improvements to be made to the system … RISC 69th meeting - TDD Art 33 Report GUIDING PRINCIPLES:  Wide scope of analysis: Directive 2007/59/EC (TDD) + Related ‘non-legislative acts’: - Commission Regulation (EU) No 36/ Commission Decision 2010/17/EC - Commission Decision 2011/765/EU - Commission Recommendation 2011/766/EU)  Report identifies potentials for improvement (change/amendment/supplement) – solutions / recommendations to be developed later

3 CONTRIBUTIONS AND DATA INPUT:  Questionnaire Survey April/Mai 2013 – Participation:  24 NSAs (EU27 excl. CY, MT, IE, PT, incl. NO)  Social Partners (CER, ETF, EIM)  Individual RUs, further sector organisations such as ALE  TDD Art35Group (cooperation between NSAs since 2009)  TDD Legal Transposition Check / ERA workshop in June 2013 / Social Dialogue Committee /… RISC 69th meeting - TDD Art 33 Report ARTICLE 33 REPORT – MAIN CONTENT  Introduction / Legal Context  Figures / Statistics as per  Comments, concerns, proposals  Conclusions and follow up measures: 20 proposals for improvement

RISC 69th meeting - TDD Art 33 Report 11,3 % (minimum required according phasing-in: < 0,1%) (BG, DK, EE, EL, ES, RO)

RISC 69th meeting - TDD Art 33 Report

6 PROPOSALS for improvement concerning… RISC 69th meeting - TDD Art 33 Report 1.One licence per driver: Provision to exclude double application/issuance 2.Educational requirements: Replacing reference to repealed Council Decision 85/368/EEC 3.Examinations on general professional competence (Annex IV) Further harmonisation and common criteria Overview Main Proposals Certificate General Conditions Licence

7 PROPOSALS for improvement concerning… RISC 69th meeting - TDD Art 33 Report Licence Certificate 4.Medical / psychological examinations:  Psychological examinations: Review frequency and examination criteria  Post-traumatic stress disorders (PTSD): support after accident involving death of persons  Criteria for recognition medical doctors / psychologists  Conditions requiring ‚supplementing examinations‘  Excluding diseases  Review of certain vision requirements Overview Main Proposals General Conditions

8 PROPOSALS for improvement concerning… RISC 69th meeting - TDD Art 33 Report General Conditions 1.Exemptions: Training/examination of rolling stock/infrastructure comp. 2.Recognition: ‘Language’ trainer/examiner 3.Layout:  Certificate  Certified Copy of Certificate  Use of new technologies 4.Specifying professional competence on the certificate Guidance on how to describe/register RSt + Infrastructure competence 5.Categories of Certificates: Review of definitions Overview Main Proposals Licence Certificate

9 PROPOSALS for improvement concerning… RISC 69th meeting - TDD Art 33 Report 1.Scope of Directive: Re-adjust to RSD scope 2.Geographical scope of validity of recognitions/statements: Recognised trainers/examiners allowed to act in all MSs? Statements of recognised persons to be accepted in all MSs? 3.Definitions: Completion and review regarding certain terms including respective review of terminology used in the Directive 4.2 nd Implementation report A second implementation report to be foreseen when phasing-in is finished (2018+x) Overview Main Proposals Licence General Conditions Certificate

10 Proposed Follow-up Measures: 1.Amendments to certain articles of Directive 2007/59/EC: European Directive amending Directive 2007/59/EC Legislative act to be adopted by ordinary legislative procedure 2.Amendments to TDD Annexes and ‘non legislative acts’ related to the TDD ERA recommendations follow EC mandate Performing accompanying studies/surveys concerning certain aspects (e.g. medical aspects, RSt/Infrast Competence,..) 3.Certain amendments to the Directive will require the adjustment to provisions in related non-legislative acts In any case the Agency will require a mandate of the Commission in order to start any further activity. ERA work program already considers respective work tasks for x RISC 69th meeting - TDD Art 33 Report

11