EU-wide rail safety
Directive (EU) 2016/798 on railway safety
It aims to enhance railway safety across the European Union (EU) by revising the role of national safety authorities (NSAs) and reallocating responsibilities between them and the European Union Agency for Railways (the Agency).
The directive is one of 3 legislative acts covering the technical aspects of the fourth railway package which aims to revitalise the rail sector and deliver a better quality of service and more choice to passengers. It works alongside the regulation on the European Union Agency for Railways and the directive on the interoperability of the rail system.The directive entered into force on 15 June 2016. EU countries have to incorporate it into their national law by 16 June 2019.
KEY POINTS
The directive sets out a number of measures to develop and improve safety and to improve access to the market for rail transport services, including:
establishing the Agency as a body issuing safety certificates to railway undertakings which operate in more than one EU country;
defining the responsibilities between the different bodies involved in the EU rail system;
developing common safety targets and common safety methods with the aim of removing national rules and therefore barriers to the development of a single European railway area;
setting out the principles for issuing, renewing, amending and restricting or revoking safety certificates and authorisations;
requiring each EU country to establish a national safety authority and an investigation body for railway accidents and incidents;
defining common principles for the management and supervision of railway safety.
Scope
The directive applies to the rail system in EU countries, it does not apply to:
metros;
trams and light rail vehicles and infrastructure used exclusively by those vehicles;
networks that are not part of the EU rail system and that are intended to operate only local, urban or suburban passenger services, along with companies that operate solely on these networks.
Development and management of safety
Within their respective competences under EU law, the Agency and the EU countries are responsible for ensuring that railway safety is maintained and generally improved with a priority placed on preventing accidents.
EU countries are also responsible for ensuring that:
measures to develop and improve safety follow a system-based approach;
infrastructure managers and railway companies are responsible for the safe operation of the EU rail system and the control of any associated risks.
Common safety methods and targets
The assessment of safety levels, the achievement of safety targets and compliance with other safety requirements are established using common safety methods(CSMs) . In particular, common methods for:
risk and evaluation assessment;
assessing conformity for issuing safety certificates and safety authorisations;
supervision by national safety authorities and for monitoring by railway companies, infrastructure managers and railway maintenance bodies;
assessing the achievement of safety targets at EU and national level.
Minimum safety targets to be achieved by the EU rail system as a whole are set out in common safety targets (CSTs). CSTs may take the form of risk acceptance criteria or target safety levels.
Single safety certificate
Access to the EU railway infrastructure will only be granted to companies holding a single safety certificate issued either by the Agency or by the relevant national safety authorities.
The purpose of the certificate is to provide evidence that the company concerned has established its safety management system and that it is able to operate safely in its intended area of operation.
DOCUMENTS
Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (OJ L 138, 26.5.2016, pp. 102–149)
Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004 (OJ L 138, 26.5.2016, pp. 1–43)
Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (OJ L 138, 26.5.2016, pp. 44–101)
Certification of train drivers operating locomotives and trains
EU-wide standards for train drivers:
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
make it easier for rail services between EU countries to operate;
increase public confidence in railway systems;
create a more flexible labour market for the drivers themselves.
It sets out the conditions and procedures for the certification of train drivers operating locomotives and trains on railway systems in the EU.
KEY POINTS
When implementing the Directive, EU countries may exclude train drivers who operate exclusively on:
metros, trams and other light rail systems;
networks separate from the rest of the rail system which are intended only for local, urban and suburban passenger and freight services;
privately owned railway infrastructure;
sections of railway track temporarily closed to normal traffic.
Certification of drivers
Drivers must have the necessary fitness and qualifications. They must also hold the following documents:
a licence confirming that a driver meets minimum requirements for medical and psychological fitness, basic education and general professional skills
a harmonised complementary certificate indicating the railways and types of train for which the driver is authorised.
Obtaining a licence and a certificate
Applicants must meet the following requirements:
be at least 20 years old, although EU countries may issue licences limited to their own territory to drivers from the age of 18;
have received basic training and satisfy the medical requirements laid down in the Directive;
provide evidence of physical and mental fitness by passing a medical examination conducted by a medical doctor recognised by the competent authority;
demonstrate psychological fitness by passing an examination conducted by a psychologist recognised by the competent authority;
provide evidence of their professional and, if applicable, linguistic abilities.
The competent authority must issue the licence within 1 month of receiving the necessary documents. The licence is valid for 10 years.
What is the role of national competent authorities?
The authority appointed by an EU country to issue the train driver’s licence has a number of tasks including:
issuing and updating licences, providing replacements and suspending and withdrawing licences if necessary;
ensuring periodic examinations and checks;
ensuring the publication and updating of a register of accredited or recognised persons and bodies (medical doctors, trainers, examiners, etc.);
keeping and updating a register of licences which have been issued, modified, suspended, cancelled or declared lost or destroyed, or which have expired;
supervising the process of certifying drivers and carrying out the necessary checks on board trains travelling within the EU.
Railway companies must:
keep a register of all harmonised complementary certificates issued, expiring, modified, suspended, cancelled or declared lost or destroyed;
set up a system to monitor their drivers and take immediate action if a driver’s fitness for the job is called into question.
By 29 October 2018, all drivers must hold licences and certificates that comply with this Directive.
The Directive has been amended by Directive 2014/82/EU. The amendments included minor changes to the requirements for issuing a licence and a certificate in order to ensure a uniform application across all EU countries.
REFERENCES
Directive 2007/59/EC
Directive 2014/82/EU
Commission Decision 2010/17/EC of 29 October 2009 on the adoption of basic parameters for registers of train driving licences and complementary certificates provided for under Directive 2007/59/EC of the European Parliament and of the Council (OJ L 8, 13.1.2010, pp. 17-31)
Commission Regulation (EU) No 36/2010 of 3 December 2009 on Community models for train driving licences, complementary certificates, certified copies of complementary certificates and application forms for train driving licences, under Directive 2007/59/EC of the European Parliament and the Council (OJ L 13, 19.1.2010, pp. 1-27)
Commission Decision 2011/765/EU 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 (OJ L 314, 29.11.2011, pp. 36-40)
Commission Recommendation 2011/766/EU of 22 November 2011 on the procedure for recognition of training centres and of examiners of train drivers in accordance with Directive 2007/59/EC of the European Parliament and of the Council (OJ L 314, 29.11.2011, pp. 41-46)
Commission Implementing Decision 2014/89/EU of 14 February 2014 on a pilot project to implement the administrative cooperation obligations set out in Directive 2007/59/EC of the European Parliament and of the Council by means of the Internal Market Information System (OJ L 45, 15.2.2014, pp. 36-39)
Cross-border train crews — working conditions
Directive 2005/47/EC on the agreement on certain aspects of the working conditions of workers engaged in interoperable cross-border rail services
The aim of the directive is to give effect to the agreement on certain aspects of the working conditions of mobile workers* assigned to interoperable cross-border services*.
The agreement was concluded between the social partners in the railways sector, namely the Community of European Railways and the European Transport Workers’ Federation.It has applied since 27 July 2005. EU countries had to incorporate it into national law by 27 July 2008.
KEY POINTS
The agreement strikes a balance between:
the need to ensure adequate protection of the health and safety of mobile workers in interoperable cross-border rail services; and
the need for flexibility in running rail transport enterprises in an integrated European Union (EU) railway network.
The agreement grants workers a daily rest period of 12 consecutive hours and breaks of between 30 and 45 minutes. It limits daily driving time to 9 hours on a day shift and 8 hours on a night shift.
The agreement also gives employers greater flexibility because, under exceptional circumstances, they can shorten the daily rest periods to 9 hours instead of to 11 as provided for in Directive 2003/88/EC on the organisation of working time.
EU countries may keep or introduce more favourable rules than those laid down in this directive.
The directive may not be used to justify a lower level of protection for workers where better protection is given under existing national legislation.
BACKGROUND
This directive is part of the overall framework for interoperability of EU rail systems. A better-integrated rail network will enable the EU to cut down on road transport and reduce its harmful side effects. By involving social partners it seeks to ensure satisfactory working conditions for workers in interoperable rail services.
Mobile worker: any member of a train crew who is assigned to interoperable cross-border services for more than one hour on a daily shift basis.
Interoperable cross-border service: operation of trains belonging to one country over the tracks of another country.
DOCUMENTS
Council Directive 2005/47/EC of 18 July 2005 on the Agreement between the Community of European Railways (CER) and the European Transport Workers’ Federation (ETF) on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services in the railway sector (OJ L 195, 27.7.2005, pp. 15-17)
Communication from the Commission to the Council — Economic and social impact of the Agreement appended to Directive 2005/47/EC concluded on 27 January 2004 between the social partners on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services in the railway sector (COM(2008), 855 final, 15.12.2008)
Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, pp. 9-19)