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, and in particular Article 31 thereof,
Whereas:
(1)
Point 8 of Annex VI to Directive 2007/59/EC establishes the level of language skills to be fulfilled by train drivers, so that they can communicate actively and effectively in routine, degraded and emergency situations. Moreover, it gives the possibility of exempting the train drivers from the required level of language skills in sections between the borders and the stations situated close to the borders and designated for cross border operations. In order to enhance flexibility without any negative impact on safety, it is necessary to amend point 8 of Annex VI to Directive 2007/59/EC.
(2)
The requirements specified in point 8 of Annex VI to Directive 2007/59/EC are not considered to be the most effective means of ensuring a high level of safety while allowing efficient operation of the rail network. This is particularly true in case of disruptions on the railway network of a Member State requiring the use of deviation routes through neighbouring Member States. In those cases, train drivers with specific language skills are sought at short notice to drive on the deviation routes, hence ensuring the continuity of operations.
(3)
It is necessary to explore alternative options to the current language requirements allowing for greater flexibility but ensuring at least an equivalent level of safety with the current requirements. Those options could consist in more targeted language requirements (i.e. with focus on rail specific terminology), or to a lower general language level combined with alternative means to support effective communication. They should ensure an active and effective communication in routine, degraded and emergency situations.
(4)
In order to obtain reliable results on the effectiveness of the alternative options, it is necessary to test the alternative means in day-to-day operations. Therefore, the impact of those alternative options should be examined under real conditions in the framework of pilot projects conducted in two phases. In the first phase, infrastructure managers and railway undertakings should carry out pilot projects using alternative means and involving train drivers who fulfil the requirements under point 8 of Annex VI to Directive 2007/59/EC. If in the first phase those pilot projects prove that the alternative means effectively complement the language skills of the driver, then in the second phase the pilot projects should be carried out with train drivers having a lower level of language skills than those required in point 8 of Annex VI to Directive 2007/59/EC and using the alternative means proved effective in the first phase. A derogation should be requested jointly by the railway undertaking and infrastructure manager to the Commission for carrying out the second phase.
(5)
The respective roles and responsibilities of all parties involved, such as the Commission, national safety authorities and the European Union Agency for Railways, in the process of submitting and assessing the requests for derogation as well as carrying out the pilot projects should be clarified.
(6)
The involvement of the national safety authorities is crucial in the process of submitting the requests for derogation. Their positive opinion should accompany the application submitted jointly by the rail undertaking and infrastructure manager.
(7)
The preparation and assessment of impacts of the envisaged pilot projects require time. It is however necessary to have a legal ground/justification for more flexibility as regards the language requirements as soon as possible, in order to carry out the pilot projects as soon as possible in order to be prepared for possible disruptions on the EU rail network. For that reason, the new rules should be applicable without the need of further transposition by the Member States.
(8)
Point 8 of Annex VI consists of a self-standing set of rules that can be understood without recourse to other parts of that Annex or to Directive 2007/59/EC. Therefore, this amending act should provide for directly applicable rules.
(9)
For reasons of clarity, the whole point 8 should be replaced, although the amendments do not concern the whole point.
(10)
For the staff performing safety-critical tasks involving a direct interface between a railway undertaking and an infrastructure manager, the professional qualifications and health and safety conditions at work are defined in Commission Decision 2012/757/EU. The requirements of Decision 2012/757/EU are complementary to those set out in Annex VI of Directive 2007/59/EC.
(11)
In accordance with Article 31 of Directive 2007/59/EC, the bodies represented in the European Social Dialogue Committee Railways were consulted.
(12)
The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 32(1) of Directive 2007/59/EC,
HAS ADOPTED THIS REGULATION: