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)

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)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system in the Community(1), and in particular Articles 23(3)(b) and 25(5) thereof,

Whereas:

(1) To achieve an appropriate and comparable level of quality of training and examinations of train drivers and train candidate drivers with a view to their certification in all Member States, it is necessary to establish common criteria at Union level in regard to both the procedures for recognition of training centres and for examiners of train drivers.

(2) Training and examinations should be performed in an appropriate manner and at a reasonable and comparable quality level in all Member States, to enable mutual acceptance of examinations.

(3) Training centres should be competent in regard to the training they carry out. In particular the training centres should have technical and operational competence and suitability to organise training courses and should be adequately staffed and equipped.

(4) Particular provisions should be laid down for training centres that belong to railway undertakings or infrastructure managers applying for safety certificates or safety authorisations. In order to reduce the administrative burden, a Member State should be enabled to provide the possibility to combine the recognition of such training centres with the process of granting safety certificates or safety authorisations.

(5) Examiners of train drivers should be skilled and competent in regard to the subject matter of examinations they want to conduct. Requirements for the competence of an examiner should refer to aspects such as examination methods, skills and pedagogical aptitude. The competent authority should check on an individual basis whether the competence of a person or entity applying for recognition as an examiner of train drivers is appropriate for the purpose of performing examinations in the respective areas of competences.

(6) Examiners of train drivers should perform examinations in an independent and impartial manner. To that end, the persons or entities applying for the recognition procedure should prove to the competent authority that they respect those requirements.

(7) The measures provided for in this Decision are in accordance with the opinion of the Committee referred to in Article 32 of Directive 2007/59/EC,

HAS ADOPTED THIS DECISION:

CHAPTER 1 U.K. GENERAL PROVISIONS

Article 1 U.K. Subject matter and scope

This Decision lays down the criteria for the recognition of training centres providing professional training to train drivers and train drivers candidates for the recognition of examiners of train drivers and train drivers candidates and for the organisation of examinations [F1 for the purposes of the Regulations and the NI Regulations].

It applies to:

(a)

training centres providing training courses for train drivers and train candidate drivers [F2 on training referred to in regulation 29 of the Regulations or regulation 28 of the NI Regulations, as the case may be];

(b)

the examiners of train drivers [F3 designated pursuant to regulation 31(1)(b) or (2)(b) of the Regulations or regulation 31(1)(b) or (2)(b) of the NI Regulations, as the case may be].

Textual Amendments

F1 Words in Art. 1 substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 1(a) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 1(b) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K. Definitions

The following definitions shall apply for the purpose of this Decision:

(a)

‘applicant’ means an entity or a single person having established a company that applies for recognition to provide training courses relating to [F4 training referred to in regulation 29 of the Regulations or regulation 28 of the NI Regulations, as the case may be, including a single person applying for designation as an examiner pursuant to regulation 31(1)(b) or (2)(b) of the Regulations or regulation 31(1)(b) or (2)(b) of the NI Regulations];

(b)

‘trainer’ means a person with relevant skills and competence to prepare, organise and conduct training courses;

(c)

‘examiner’ means a person having relevant skills and competence, recognised to conduct and score examinations for the purposes of [F5 regulations 8(2)(f) and 9(2)(c) of the Regulations or regulations 8(1)(f) and 9(1)(c) of the NI Regulations, as the case may be];

(d)

‘examination’ means a process to check a train driver’s or candidate train driver’s competence in accordance with [F6 regulations 8(2)(f) and 9(2)(c) of the Regulations or regulations 8(1)(f) and 9(1)(c) of the NI Regulations, as the case may be] by one or more means such as written, oral and practical;

(e)

F7 ...

(f)

‘recognition’ means a formal statement on the competence of a person or an entity to perform training tasks or examinations, issued by [F8 the ORR or the Department, as the case may be];

(g)

F9 ...

(h)

[F10 “the Department” means the Department for Infrastructure renamed as such by the Departments Act (Northern Ireland) 2016 and originally established as the Department for Regional Development by article 3(1) of the Departments (Northern Ireland) Order 1999;

(i)

“complementary certificate” or “certificate”, when used in Articles 4, 5, 8 and 9 means a train driving certificate issued under the Regulations or the NI Regulations;

(j)

“the NI Regulations” means the Train Driving Licences and Certificates (Northern Ireland) Regulations 2010;

(k)

“the ORR” means the Office of Rail and Road;

(l)

“train driver licence” means a train driving licence issued under the Regulations or the NI Regulations;

(m)

“the Regulations” means the Train Driving Licences and Certificates Regulations 2010.]

Textual Amendments

F4 Words in Art. 2(a) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 2(c) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 2(d) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 2(e) omitted (31.12.2020) by virtue of The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 2(f) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(3)(d); 2020 c. 1, Sch. 5 para. 1(1)

F9 Art. 2(g) omitted (31.12.2020) by virtue of The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(3)(e); 2020 c. 1, Sch. 5 para. 1(1)

F10 Art. 2(h)-(l) inserted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(3)(f); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER 2 U.K. TRAINING CENTRES

Article 3 U.K. 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. F11 ...

Textual Amendments

F11 Words in Art. 3 omitted (31.12.2020) by virtue of The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(4); 2020 c. 1, Sch. 5 para. 1(1)

Article 4 U.K. 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 [F12 the Regulations or the NI Regulations, as the case may be].

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 [F13 the Regulations or the NI Regulations, as the case may be];

(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 [F14 regulation 4(7)(e) and (8) of the Regulations or regulation 4(6)(e) and (7) of the NI Regulations, as the case may be];

(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 [F15 the Regulations or the NI Regulations, as the case may be];

(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. [F16 The ORR or the Department] 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 [F17 the ORR or the Department depending on] where the infrastructure is located, to which the communication and terminology refer.

Textual Amendments

F12 Words in Art. 4(1) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 4(2)(a) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(5)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 4(2)(c) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(5)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 4(2)(f) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(5)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 4(3) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 4(4) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(5)(d); 2020 c. 1, Sch. 5 para. 1(1)

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

1. [F18 The ORR or the Department, as the case may be,] 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 [F19 the Railways and Other Guided Transport Systems (Safety) Regulations 2006 or the Railways (Safety Management) Regulations (Northern Ireland) 2006 as the case may be.]

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.

Textual Amendments

F18 Words in Art. 5(1) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 5(1) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F20 Article 6 U.K. New or newly equipped line and newly introduced rolling stock

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 Art. 6 omitted (31.12.2020) by virtue of The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(7); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER 3 U.K. EXAMINERS

Article 7 U.K. Independence and impartiality

Applicants shall confirm that they will conduct examinations in an impartial and non-discriminatory manner, free of any pressure and incentive which could affect the judgement or the results of the examination and the way the examination is carried out.

For this purpose the [F21 ORR or the Department as the case may be] shall develop a statement incorporated in an application form to be signed by the applicant.

Textual Amendments

F21 Words in Art. 7 substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(8); 2020 c. 1, Sch. 5 para. 1(1)

Article 8 U.K. Competence requirements

1. Applicants shall be competent and experienced regarding the subject of examination they want to conduct.

The experience requested shall be gathered during professional practice of minimum 4 years’ duration within a period of not more than 5 years before the application date.

The requested period of professional experience may include periods of experience as a manager of train drivers who holds a valid train driver licence and complimentary certificate or as a trainer for training tasks relevant to the application submitted.

2. In regard to practical examinations on board trains the applicant must be the holder of both a valid train driver licence and a valid certificate covering the subject of examination or a similar type of line/rolling stock. When the examiner does not hold a valid certificate for the infrastructure/rolling stock of the examination, a driver holding the certificate for that infrastructure/rolling stock shall be present to the examination in accordance with [F22 regulation 4(7)(e) and (8) of the Regulations or regulation 4(6)(e) and (7) of the NI Regulations, as the case may be].

The applicant shall have professional practice in driving of minimum 4 years’ duration and gathered within a period of not more than 5 years before the application date. The applicant’s knowledge must be up–to-date at the time of the application.

3. In addition, applicants shall meet the following minimum criteria:

(a) they shall be competent in listening and spoken interaction at minimum level B2 of the European Framework for Language Competence (EFLC) established by the Council of Europe(2), in the language of examination;

(b) they shall have the skills and the pedagogical aptitude required for the purpose of conducting examinations, and have thorough knowledge of the relevant examination methods and examination documents;

(c) they shall demonstrate how they will keep their professional competences regarding the subjects they examine updated;

(d) they shall be familiar with the certification scheme for train drivers.

4. [F23 The ORR or the Department] may establish additional requirements for examiners performing examinations related to its own infrastructure.

Textual Amendments

F22 Words in Art. 8(2) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 8(4) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(9)(b); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER 4 U.K. ORGANISATION OF EXAMINATIONS

Article 9 U.K. Common criteria for the organisation of examinations

Examinations organised to assess train drivers’ competence in accordance with [F24 regulation 31 of the Regulations or regulation 31 of the NI Regulations, as the case may be,] shall meet the following criteria:

(a)

in case of examinations conducted by two or more persons, at least the person who is leading the examination shall be a recognised examiner in accordance with the provisions of this Decision;

(b)

where the examination concerns the practical part of train driving competences, the examiner shall be licensed as train driver and hold a complementary certificate authorising the use of infrastructure and the driving of rolling stock that is subject to the examination, or a similar type of line/rolling stock; when the examiner does not hold a valid certificate for the infrastructure/rolling stock of the examination, a driver holding the certificate for that infrastructure/rolling stock shall be present to the examination in accordance with [F25 regulation 4(7)(e) and (8) of the Regulations or regulation 4(6)(e) and (7) of the NI Regulations, as the case may be];

(c)

examinations shall be performed in a transparent manner and shall have adequate duration in order to prove with sufficient documented evidence that all the relevant subjects of the [F26 Schedules 3, 4 and 5 to the Regulations or Schedules 3, 4 and 5 to the NI Regulations, as the case may be ] are covered;

(d)

in cases where the examiner participating to the examination provided the training on the subject of examination to the train driver or candidate train driver, a second examiner, who was not involved in preparation training, will conduct the examination;

(e)

an examination shall be prepared with particular care in regard to the confidentiality of the questions foreseen during the examination.

Textual Amendments

F24 Words in Art. 9 substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(10)(a); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in Art. 9(b) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(10)(b); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in Art. 9(c) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(10)(c); 2020 c. 1, Sch. 5 para. 1(1)

F27 Article 10 U.K. New or newly equipped line and newly introduced rolling stock

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27 Art. 10 omitted (31.12.2020) by virtue of The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(11); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER 5 U.K. FINAL PROVISIONS

Article 11 U.K. Transitional period

If a railway undertaking or an infrastructure manager has already selected examiners for the purpose of conducting examinations for their own staff, in conformity with national provisions and requirements applicable before the entry into force of this Decision, [F28 the ORR or the Department, as the case may be,] may decide that those selected examiners are allowed to continue conducting examinations in accordance with the following conditions:

(a)

the railway undertaking or infrastructure manager has selected the examiner within the framework of a safety certificate or safety authorisation issued in accordance with [F29 the Railways and Other Guided Transport Systems (Safety) Regulations 2006 or the Railways (Safety Management) Regulations (Northern Ireland) 2006] and within the limits of the scope issued by the competent authority and until the expiry of this safety certificate or safety authorisation;

(b)

the railway undertaking or infrastructure manager checks the fulfilment of the requirements laid down in this Decision in regard to examiners they have selected; if an examiner fails to meet a requirement, the railway undertaking or infrastructure manager shall take appropriate measures to achieve the fulfilment of the requirements for examiners.

Textual Amendments

F28 Words in Art. 11 substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

F29 Words in Art. 11(a) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(12)(b); 2020 c. 1, Sch. 5 para. 1(1)

F30 Article 12 U.K. Application

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30 Art. 12 omitted (31.12.2020) by virtue of The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(13); 2020 c. 1, Sch. 5 para. 1(1)

F31 Article 13 U.K. Addressees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31 Art. 13 omitted (31.12.2020) by virtue of The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(13); 2020 c. 1, Sch. 5 para. 1(1)

Done at Brussels, 22 November 2011.

For the Commission

Siim Kallas

Vice-President

(1)

OJ L 315, 3.12.2007, p. 51.

(2)

Common European Framework of Reference for Languages: Learning, Teaching, Assessment, 2001 (Cambridge University Press for the English version — ISBN 0-521-00531-0). Also available on the Council of Europe website: http://www.coe.int/T/DG4/Portfolio/documents/Common%20European%20Framework%20hyperlinked.pdf