Commission Decision of 22 November 2011 on criteria for the recognition of training centres involved in the training of train drivers, on criteria for the recognition of examiners of train drivers and on criteria for the organisation of examinations in accordance with Directive 2007/59/EC of the European Parliament and of the Council (notified under document C(2011) 7966) (Text with EEA relevance) (2011/765/EU)

CHAPTER 2 TRAINING CENTRES

Article 3 Independence and impartiality

Training centres shall deliver training courses in an impartial manner regarding all participants.

In particular where a training centre provides training to persons employed by the company owning the training centre as well as to other persons, the training shall be performed independently from the interests of the company owning the training centre and shall be impartial for all participants. Training centres shall apply the same rules to persons employed by the company owning the training centre and to other persons. Member States shall ensure that measures are taken to safeguard this principle.

Article 4 Competence requirements

1. An applicant shall demonstrate technical and operational competence and suitability to organise training courses appropriate to the training tasks. It shall be adequately staffed and equipped and operate in an environment suitable for training aiming to prepare train drivers for the examinations to obtain or maintain licences and certificates in accordance with Directive 2007/59/EC.

2. In particular, applicants shall:

(a) have an effective management structure which ensures that trainers have adequate qualifications and experience to provide training according to the requirements set out in Directive 2007/59/EC;

(b) have the necessary staff, facilities, equipment and accommodation appropriate for the training offered and the estimated number of trainees;

(c) ensure that practical training is performed by trainers who are holders of both a valid train driver licence and a valid certificate covering the subject of training or a similar type of line/rolling stock, and who have professional practice in driving of minimum 3 years’ duration. When the trainer does not hold a valid certificate for the relevant infrastructure/rolling stock, a driver holding the certificate for that infrastructure/rolling stock shall be present to the training, in accordance with Article 4(2)(e) of Directive 2007/59/EC;

(d) provide the methodology they intend to use to ensure the content, organisation and duration of training courses, training plans and competence schemes;

(e) provide systems to record the training activities including information on participants, trainers and the number and purpose of the courses;

(f) have a quality management system or equivalent procedures in place to monitor compliance with, and the adequacy of, the systems and procedures which ensure that the training provided satisfy the requirements set out in Directive 2007/59/EC;

(g) provide competence management, ongoing training and measures to keep professional skills updated for trainers;

(h) demonstrate procedures to keep training methods, tools and equipments updated, including training literature, training software, documents provided by the infrastructure manager such as rulebooks on operational rules, signals or safety systems.

3. A Member State may establish additional requirements for the training related to infrastructure of its own territory.

4. Applicants for training on specific communication and terminology for rail operation and safety procedures, shall submit their application to the competent authority of the Member State where the infrastructure is located, to which the communication and terminology refer.

Article 5 Training centres belonging to a railway undertaking or an infrastructure manager

1. A Member State may permit that an applicant which belongs to a railway undertaking or to an infrastructure manager, exclusively provides training to staff of the company it belongs to, and which fulfils all requirements provided for in Article 4 of this Decision, is recognised in combination with the safety certification or safety authorisation process in accordance with Directive 2004/49/EC of the European Parliament and of the Council(1).

2. In this case, the statement of recognition may be displayed on the relevant safety certificate or safety authorisation.

3. Work organisation and management of the applicant referred to in paragraph 1 shall be organised and structured to prevent any conflict of interest.

Article 6 New or newly equipped line and newly introduced rolling stock

In regard to new or newly equipped lines or newly introduced rolling stock a Member State may specify conditions under which a recognised training centre may organise practical training in derogation to Article 4(2)(c).

The use of this derogation shall be strictly limited to the case in which no trainer holding a certificate already covering the new or newly equipped line or the new rolling stock is yet available.

The trainer shall fulfil all other requirements of Article 4(2)(c) in regard to the licence and to the certificate as provided in Articles 14 and 15 of Directive 2007/59/EC, and to the required period of professional practice.

(1)

OJ L 164, 30.4.2004, p. 44.