This report from the Commission relates to the profile and tasks of other train crew members .

Legislative framework and purpose of report: Directive 2007/59/EC on the certification of train drivers operating locomotives and trains on the railway system in the Community establishes the minimum requirements an applicant must meet to obtain a train driver’s licence or a harmonised complementary certificate. Since its entry into force, the Commission has already adopted additional legislation, in accordance with the provisions set out in the Directive.

While Directive 2007/59/EC does not cover other train crew members performing safety-critical tasks, it states that the Commission shall present a report and, if appropriate, bring forward a legislative proposal on a certification system for the other crew members on the basis of a report prepared by the European Railways Agency (ERA) .

This Communication focuses on other crew members for passenger trains, a professional group that plays an important role for a safe railway system with respect to operational safety and to passenger safety and security . It takes into account the report prepared ERA, after consulting stakeholders, which was delivered to the Commission in 2010. Before adopting this communication, the Commission services discussed the results of the ERA report with the social partners in the context of the sectoral Social Dialogue Committee.

Current situation: in its report, ERA collected data on the number of other crew members, provided by several railway undertakings in 11 Member States. By extrapolation, the number of other crew members for passenger trains is estimated at 70 000 in Europe , including Switzerland and Norway. Nearly all Member States (20 out of 22) regulate the profession, although in different ways and with different levels of detail. Of these 20 Member States, 14 also regulate profiles and tasks at national level.

Two profile patterns (PP1 and PP2): have been introduced as the common core tasks of different job profiles from different Member States; they are detailed in the Annex of this report. While PP1 includes almost all the tasks related to train preparation, only one train preparation task is assigned to PP2.

Within these two profile patterns, common safety-critical tasks have been identified such as: the door closure procedure, train departure and passenger evacuation in the event of degraded and emergency situations. Most of the railway undertakings have implemented a certification system for PP1, but not for PP2 .

Attestation of training: in the context of the opening of the national markets for passenger transport proposed in the framework of the fourth railway package , the Commission intends to develop at European level an attestation of the risks and passenger assistance training awarded to the job holder in compliance with all the minimum basic requirements concerning other crew members from the TSI OPE. ( Commission Decision of 11 August 2006 concerning the Technical Specification for Interoperability relating to the subsystem Traffic Operation and Management of the trans-European conventional rail system ). This attestation should be valid throughout the European Union and must be taken into account by the railway undertakings when they recruit staff.

The Commission will request the European Railway Agency to develop for other crew members the necessary provisions for an attestation focused on passenger safety issues. An amendment in Annex III to the Railway Safety Directive will make a provision for this attestation process to be part of the Railway Undertaking Safety Management System. ERA will:

· identify the common safety-critical tasks of other crew members not related to vehicle design/rolling stock and will define the content of the training attestation and the scope of Annex J of TSI OPE;

· develop a model of attestation training in safety-critical tasks, to be delivered to the job holder.

Regulation at national level: those national binding rules, which have been established by the national authorities or have been transferred from the national company to the national level, must be applied by all railway undertakings operating in those Member States. Generally speaking, these regulations seem not to be fully compliant with European legislation .

The Commission will ask ERA to include in its analysis of the National Safety rules a specific chapter on the national binding rules related to other crew members and to what extent they go beyond their scope. Should these rules be incompatible with EU legislation, the Commission could take appropriate measures to ensure their correct application.

The Commission believes that its proposals will reinforce the safety performances and improve the quality of this important railway profession as well as supporting the mobility of its workers.

PURPOSE: to follow up the reform of the rail sector by establishing a certification system for train drivers operating locomotives and trains on the railway system in the Community (third rail package).

LEGISLATIVE ACT: Directive 2007/59/EC of the European Parliament and of the Council on the certification of train drivers operating locomotives and trains on the railway system in the Community.

CONTENT: the Council adopted three legislative proposals composing the third rail package, namely:

this Directive on the certification of onboard personnel ensuring the operation of locomotives and trains; a Directive on the development of the Community’s railways ( COD/2004/0047 ); a Regulation on rail passengers’ rights and obligations ( COD/2004/0049 ).

The three legal acts were adopted pursuant to the joint draft texts agreed by the Council and the European Parliament through an exchange of letters on 20 and 21 June 2007, in the framework of the conciliation procedure.

This Directive lays down the conditions and procedures for the certification of train drivers operating locomotives and trains on the railway system in the Community. It specifies the tasks for which the competent authorities of the Member States, train drivers and other stakeholders in the sector, in particular railway undertakings, infrastructure managers and training centres, are responsible.

The Directive shall only apply to train drivers, with the exception of other crew members on board locomotives and trains, who directly or indirectly help to ensure the safety of the train through operational and/or other safety-critical tasks. The Directive also includes a specific procedure to temporarily exclude national train drivers who only travel in the territory of their Member State.

All train drivers shall have the necessary fitness and qualifications to drive trains and shall hold the following documents: (a) a licence demonstrating that the driver satisfies minimum conditions as regards medical requirements, basic education and general professional skills; (b) one or more certificates indicating the infrastructures on which the holder is authorised to drive and indicating the rolling stock which the holder is authorised to drive. The licence shall be valid throughout the whole territory of the Community. A certificate shall be valid only on those infrastructures and rolling stock identified on it.

The licence and the certificate will be issued by the national authority (with the possibility of delegating this competence subject to certain conditions) and by the railway undertaking, or the infrastructure manager who employs the driver, respectively. Railway undertakings and infrastructure managers shall be required to ensure, and to check, that the licences and certificates of the drivers they employ or contract are valid. To this end, they shall set up a system for monitoring their drivers.

The Directive also defines the minimum requirements in terms of physical and psychological fitness, and also foresees compulsory periodic examinations and specifies the competences that a driver must possess. To apply for a licence, applicants must be at least 20 years old. However, a Member State may issue licences to applicants from the age of 18 years, the validity of such a licence then being limited to the territory of the issuing Member State. The linguistic knowledge criterion referred to in Annex VI shall be met for the infrastructure for which the certificate is being applied.

The examinations and examiners intended for the purpose of checking the requisite qualifications shall be determined: (a) for the part relating to the licence, by the competent authority, when laying down the procedure to be followed to obtain a licence in accordance with the Directive; (b) for the part relating to the certificate, by the railway undertaking or the infrastructure manager, when laying down the procedure to be followed to obtain a certificate in accordance with the Directive. As requested by the European Parliament, the Commission may have recourse to the urgency procedure in terms of comitology in the area of the choice of examiners and examinations of train drivers and of the adaptation to scientific and technical progress of the Annexes to this Directive.

Each railway undertaking and infrastructure manager shall be required to: (a) keep a register, or ensure that a register is kept, of all certificates issued, updated, renewed, amended, expired, suspended, withdrawn or reported lost, stolen or destroyed; (b) cooperate with the competent authority of the Member State where they are domiciled in order to exchange information with the competent authority and give it access to data required; (c) supply information on the content of such certificates to the competent authorities of the other Member States upon their request, when this is required as a consequence of their transnational activities. In order to ensure the interoperability of the aforementioned registers, the Commission shall adopt by 4 December 2008 at the latest and on the basis of a draft prepared by the Agency, the basic parameters of the registers to be set up.

In a report to be presented by 4 June 2009 at the latest, the European Railway Agency will develop a report evaluating the possibilities of certification for the other crew members involved in performing safety-critical tasks. On the basis of this report, the Commission will present by 4 June 2010 a legislative proposal on the certification of these crew members.

ENTRY INTO FORCE: 04/12/2007

TRANSPOSITION: 04/12/2009

IMPLEMENTATION: after the entry into force, the following timetable for application is set out:

after 3 years: application to new drivers performing cross-border services, cabotage services or freight services in another Member State, or who work in at least two Member States, and (only periodic examinations) to drivers who have already provided these services; after 5 years: application to all drivers who must obtain a new licence or certificate; after 10 years: application to all drivers. The authorities issuing the licence or certificate must take into account the competences and experience of these drivers.

The European Parliament adopted a resolution on the joint text approved by the Conciliation Committee for a directive on the certification of train drivers operating locomotives and trains on the railway system in the Community.

The main points of the agreement can be summarised as follows:

Comitology – urgent procedure: Parliament managed to ensure that the Commission may use the urgent procedure under comitology only in two areas, namely the choice of examiners and examinations for train drivers, and the adaptation of the annexes to the directive to reflect scientific and technological progress. Inclusion of other crew members within the scope of the directive : Parliament secured agreement that no later than 30 months after the directive enters into force the Commission is to submit a report on crew members performing safety-related tasks. If necessary, the Commission will be required to table a legislative proposal concerning such crew members.

The Council decided not to accept all the European Parliament's second reading amendments to three legislative proposals, which form a so-called third railway package:

- proposal for a directive amending Council directive 91/440/EEC on the development of the Community's railways;

- proposal for a directive on the certification of train crews operating locomotives and trains on the Community's railway network;

- proposal for a regulation on international rail passengers' rights and obligations.

It accordingly decided to convene the Parliament-Council conciliation committee with a view to negotiating a joint text.

Firstly, the Commission fully accepted amendments which made reference to the right to appeal and giving details regarding the possibility for the competent authority to delegate tasks.

The Commission accepted the following European Parliament amendments in part:

- the agreement on work/rest times: this is not relevant in this instance and reference to it is therefore inappropriate. Checks by employers are already provided for in the common position;

- the certification of crew members directly performing train and passenger safety-related tasks: the Commission supports this requirement which reverts to the scope of its original proposal, which was aimed not only at drivers but also at the train crew performing security-related tasks. However it must be re-worded. In order to immediately specify the scope, a description of the security-related duties of the crew concerned should be annexed to the Directive and paragraph 6 should be amended accordingly.

In August 2000 the CER, the association which represents a large number of railway undertakings and infrastructure managers in the Community, drew up and published a report on the responsibilities of personnel carrying out interoperability services. The report was timed to coincide with the opening up of the market.

On the basis of this report, the Commission proposes identifying the crew members covered by the Directive by specifying their duties, as set out below: checking the effectiveness of the brakes; opening and closing the doors; being involved in train departure procedures; responding to alarm signals; participating in manoeuvres; checking for faults and taking steps in the event of a fault while the train is moving; helping the driver in certain circumstances.

An amendment provides that, in order to amend the annexes to the Directive, the Agency and the social partners must be systematically involved. However, the reference to the Agency Regulation is not relevant. It is necessary to differentiate between the Technical Specifications for Interoperability (TSI) developed by the Agency in accordance with the directives on rail interoperability (Directives 96/48/EC and 2001/16/EC) and annexes to a directive which are subject to the co-decision procedure or, by delegation of powers, to the Committee procedure, but at the Commission's initiative. As a result, this amendment should be re-worded to state that social partners must be properly consulted about requirements which have an impact on working conditions and the health and safety of workers.

The amendment concerning medical examinations is acceptable provided that the expressions "occupational physician" and "accredited physician" are amended.

The Commission rejected the following amendments:

- " Mutual recognition ": the use of this term is not acceptable as the licence is issued on the basis of harmonised criteria. The concept of "validity throughout the territory of the European Union" used in the common position is more appropriate.

- Driver falling ill : it would not be practicable to involve the competent authority each time a driver falls ill. Furthermore, it is the railway undertaking or the infrastructure manager which is responsible for rail safety when a driver works on its behalf, and it is therefore they and not the "employer" which must take the necessary steps in the event of risk.

- Voluntary leave : if a driver voluntarily leaves the railway undertaking which trained him, the railway undertaking which recruits that driver be obliged to refund the original railway undertaking the pro rata cost of the training received by the driver on the basis of harmonised criteria which should be established on the basis of a Recommendation drawn up by the Agency.

Despite the fact that in principle the proposal appears to protect the investment made by an employer for training a driver, this amendment is not acceptable for several reasons:

there are no equivalent clauses in other modes of transport, in particular in the aviation sector in which training is also very expensive; a clause of this kind concerns labour law and hence does not seem particularly relevant in this directive; the reasons why a driver leaves an employer may be many and varied; if a driver leaves as a result of the employer’s fault, this type of reimbursement would not be justified.

However, the Commission could accept a provision under which the matter is resolved on the basis of national or private law.

- Date of transposition : the date for transposition proposed by the Parliament (31 December 2007) is unrealistic. A conciliation would appear necessary, and the legislative process should end in autumn 2007. This would not leave the time needed for the Member States to transpose the Directive by the date proposed.

- Adding the date of the driver's last medical examination to his complementary certificate : this is not acceptable as it would represent a non-negligible additional cost for railway undertakings/infrastructure managers and would provide no additional guarantee in terms of rail safety.

The European Parliament voted on the "third rail package" - three separate reports on opening up rail networks to competition (COD/2004/0047 ), minimum rights for passengers (COD/2004/0049) and a European licence for train drivers (COD/2004/0048.) . Wide differences remain between Parliament and the Council, and this legislation is now expected to go to conciliation.

In this report by Gilles Savary (PES, FR) on certification of crews , Parliament basically followed the recommendations of its competent committee. The key change from the common position is that Parliament insists that crew members (and not only train drivers) performing safety-related tasks should be in possession of a certificate attesting that they meet minimum requirements relating to medical fitness, basic education and general professional skills.

For the key amendments, please refer to the summary dated 19/12/2006.)

The committee adopted the report by Gilles SAVARY (PES, FR) amending the Council's common position under the 2nd reading of the codecision procedure. It proposed a number of amendments reflecting Parliament's position at 1st reading on certain issues over which there was disagreement with the Council:

- the scope of the directive: the committee again insisted that the scope of certification be extended to all crew who help ensure safety on trains - i.e. "other crew members performing safety-related tasks on the Community's rail network" - and not just train drivers. It amended Articles 1 and 27 accordingly, and introduced a new definition clarifying the distinction between train drivers and other crew members;

- access to data: the committee reinstated Parliament's 1st reading amendment allowing train drivers to access stored data which concerns them;

- financing of training: MEPs in the committee tabled an expanded version of an amendment adopted by Parliament at 1st reading as a safeguard clause designed to protect the investments made by railway undertakings. The amendment stipulated that the voluntary departure of a driver, after less than five years' employment, from the railway undertaking which funded his training shall oblige the new employer (i.e. a railway undertaking or infrastructure manager) to refund to the original railway undertaking the cost of that training in the form of a sum inversely proportional to the duration of the driver's employment with the original undertaking;

- lastly, the committee reinstated the Commission's initial text on the mutual recognition of licences and harmonised complementary certificates.

The Commission states that its proposal envisaged covering all train crew members with safety-critical tasks and did not provide for the possibility of derogation for a Member State. However, the Commission recognises that the Council common position does not alter the main objective or the spirit of its proposal. O n the possibility of a temporary derogation for “domestic” drivers, the Commission cannot accept such derogations on the scale of entire countries for several reasons. Firstly, in social terms, this would be tantamount to creating two “classes” of drivers, whereas in practice these categories are not watertight. This would generate career and wage differences that it would be difficult to justify. Secondly, in safety terms, there would be two categories of drivers on the same route: those trained and certified in accordance with this directive, and those trained and certified in accordance with an ad hoc national system. They might not have the same reactions in the same situations. Thirdly, in economic terms, the Member States would have to maintain two different sets of legislation and two accreditation/recognition systems for trainers/examiners, the undertakings would have to maintain two different training systems, etc. This duplication would be inefficient and generate costs.

The Council accepted in full 3 amendments made by the European Parliament. The common position is similar to a further 29 amendments or close to the spirit in which they were drafted. The common position lays down the conditions and procedures for the certification of train drivers operating locomotives and trains on the railway system in the Community. It specifies the tasks for which the competent authorities of the Member States, the train drivers and other stakeholders in the sector, in particular the railway undertakings, infrastructure managers and training centres, are responsible. Moreover, the proposal sets minimum requirements for physical and mental fitness, obligatory periodic checks and the description of skills a driver must have. The draft Directive will apply to train drivers only. Other train crew on board locomotives and trains who participate directly or indirectly in driving and/or in other safety critical tasks will not be covered by its provisions. It also contains a specific procedure for temporary exemption from its scope of domestic drivers who only circulate within the borders of the Member States.

The key points are as follows:

Exclusion of other staff: the scope of the Commission’s proposal covered the certification of drivers and of other train crew on board locomotives and trains who participate directly or indirectly in driving and/or in other safety critical tasks. The European Parliament's first reading suggested the inclusion of train crews within the scope of the draft Directive and the addition of a mechanism for certification.

However, in its Common Position, the Council limits the scope of the draft Directive to train drivers. While not opposing the principle of certification of "other crew", the Council considers such an extended scope as premature as it is not known which personnel will fall into such a category, nor is it known which tasks they shall perform. Consequently, a provision has been added to the draft

Directive giving the European Railway Agency the task of drawing up a report identifying the profile and tasks of such other staff. This report shall be presented two years after the entry into force of the Directive. The Council has also included a special provision safeguarding the free circulation of freight trains throughout the territory of the EU;

Certification of "domestic drivers": in accordance with the Commission’s proposal, the Council decided to apply the provisions of this draft Directive to all train drivers within the Community. This implies that domestic drivers who only circulate within the borders of a Member State are also included within its scope. However, the Council decided that a Member State may request from the Commission that the European Railway Agency carry out a cost / benefit analysis of the application of the provisions in the Directive to train drivers operating exclusively on the territory of that Member State. If this analysis shows that the costs of the application of the provisions contained in the Directive to such train drivers outweigh the benefits, the Commission shall adopt a decision within 6 months following the submission of the results of this cost / benefit analysis. The decision may provide that the Directive does not have to be applied to domestic train drivers for a period of up to 10 years on the territory of the Member State concerned. The European Parliament shares Council's views in that respect and adopted a similar amendment.

Gradual phasing in: the Commission suggests a phasing-in period in three stages, spread over the years 2006 to 2015. Parliament followed the Commission's approach, but decided to advance the dates by one year. The Council follows the Commission's three step approach in principle, but does not tie the individual stages to fixed dates. The phasing-in (the delivery of "new" licences and/or certificates in conformity with this Directive), which the Council adopted, starts from the date on which the necessary national registers will have been set up:

§ Phase 1 - after 1 year: application to new drivers - involved in cross-border services, cabotage or freight services in another Member State, or working in more than one Member State - and to drivers that already worked on those services, but who require a new licence or certificate;

§ Phase 2 - after 3 years: application to all drivers who need a new licence or certificate;

§ Phase 3 - after 8 years: application to all drivers.

A flanking provision ensures that a driver may continue driving on the basis of his existing entitlements, until the provisions of paragraph 34.2 a), b) or c) apply.

The Council accepted in full 3 amendments made by the European Parliament. The common position is similar to a further 29 amendments or close to the spirit in which they were drafted. The common position lays down the conditions and procedures for the certification of train drivers operating locomotives and trains on the railway system in the Community. It specifies the tasks for which the competent authorities of the Member States, the train drivers and other stakeholders in the sector, in particular the railway undertakings, infrastructure managers and training centres, are responsible. Moreover, the proposal sets minimum requirements for physical and mental fitness, obligatory periodic checks and the description of skills a driver must have. The draft Directive will apply to train drivers only. Other train crew on board locomotives and trains who participate directly or indirectly in driving and/or in other safety critical tasks will not be covered by its provisions. It also contains a specific procedure for temporary exemption from its scope of domestic drivers who only circulate within the borders of the Member States.

The key points are as follows:

Exclusion of other staff: the scope of the Commission’s proposal covered the certification of drivers and of other train crew on board locomotives and trains who participate directly or indirectly in driving and/or in other safety critical tasks. The European Parliament's first reading suggested the inclusion of train crews within the scope of the draft Directive and the addition of a mechanism for certification.

However, in its Common Position, the Council limits the scope of the draft Directive to train drivers. While not opposing the principle of certification of "other crew", the Council considers such an extended scope as premature as it is not known which personnel will fall into such a category, nor is it known which tasks they shall perform. Consequently, a provision has been added to the draft

Directive giving the European Railway Agency the task of drawing up a report identifying the profile and tasks of such other staff. This report shall be presented two years after the entry into force of the Directive. The Council has also included a special provision safeguarding the free circulation of freight trains throughout the territory of the EU;

Certification of "domestic drivers": in accordance with the Commission’s proposal, the Council decided to apply the provisions of this draft Directive to all train drivers within the Community. This implies that domestic drivers who only circulate within the borders of a Member State are also included within its scope. However, the Council decided that a Member State may request from the Commission that the European Railway Agency carry out a cost / benefit analysis of the application of the provisions in the Directive to train drivers operating exclusively on the territory of that Member State. If this analysis shows that the costs of the application of the provisions contained in the Directive to such train drivers outweigh the benefits, the Commission shall adopt a decision within 6 months following the submission of the results of this cost / benefit analysis. The decision may provide that the Directive does not have to be applied to domestic train drivers for a period of up to 10 years on the territory of the Member State concerned. The European Parliament shares Council's views in that respect and adopted a similar amendment.

Gradual phasing in: the Commission suggests a phasing-in period in three stages, spread over the years 2006 to 2015. Parliament followed the Commission's approach, but decided to advance the dates by one year. The Council follows the Commission's three step approach in principle, but does not tie the individual stages to fixed dates. The phasing-in (the delivery of "new" licences and/or certificates in conformity with this Directive), which the Council adopted, starts from the date on which the necessary national registers will have been set up:

§ Phase 1 - after 1 year: application to new drivers - involved in cross-border services, cabotage or freight services in another Member State, or working in more than one Member State - and to drivers that already worked on those services, but who require a new licence or certificate;

§ Phase 2 - after 3 years: application to all drivers who need a new licence or certificate;

§ Phase 3 - after 8 years: application to all drivers.

A flanking provision ensures that a driver may continue driving on the basis of his existing entitlements, until the provisions of paragraph 34.2 a), b) or c) apply.

The European Parliament adopted a resolution drafted by Gilles SAVARY (PES, FR) and made several amendments to the Commission’s proposal. (Please see the document of 19/04/2005.) In addition to the points listed in that summary:

-Parliament clarified the definitions of "train driver" and "train crew".

-it deleted category C in the harmonised complementary certificate.

- at least three years" professional experience in category B is required for operation of a cross-border transport service.

- Minimum monitoring requirements include medical examinations every three years up to the age of 55 (rather than 60), thereafter every year. It also includes knowledge of infrastructure (including routes and operating rules) : every two years or after any absence from the route concerned of more than one year ; knowledge of rolling stock: every two years and updating of general professional knowledge and knowledge of traffic and safety provisions by way of continuing training: every year.

-Parliament inserted a new clause on the tasks of the competent authorities. These include issuing licences following checks that all the conditions laid down in this Directive have been met, on the basis of the requisite documents to be submitted by applicants, and key inspection tasks.

-Parliament also inserted a new clause on the financing of training and stated that railway undertakings and infrastructure managers shall be contractually responsible for professional training, both basic training and in-service training. A railway undertaking or infrastructure manager employing a train driver whose training has been funded in whole or in part by another railway undertaking or infrastructure manager which the driver has left voluntarily after less than five years' employment shall refund to that undertaking or infrastructure manager the cost of that training. The detailed rules for implementing this provision will be established on the basis of a recommendation drawn up by the Agency in the framework of Regulation 881/2004/EC.

The European Parliament adopted a resolution drafted by Gilles SAVARY (PES, FR) and made several amendments to the Commission’s proposal. (Please see the document of 19/04/2005.) In addition to the points listed in that summary:

-Parliament clarified the definitions of "train driver" and "train crew".

-it deleted category C in the harmonised complementary certificate.

- at least three years" professional experience in category B is required for operation of a cross-border transport service.

- Minimum monitoring requirements include medical examinations every three years up to the age of 55 (rather than 60), thereafter every year. It also includes knowledge of infrastructure (including routes and operating rules) : every two years or after any absence from the route concerned of more than one year ; knowledge of rolling stock: every two years and updating of general professional knowledge and knowledge of traffic and safety provisions by way of continuing training: every year.

-Parliament inserted a new clause on the tasks of the competent authorities. These include issuing licences following checks that all the conditions laid down in this Directive have been met, on the basis of the requisite documents to be submitted by applicants, and key inspection tasks.

-Parliament also inserted a new clause on the financing of training and stated that railway undertakings and infrastructure managers shall be contractually responsible for professional training, both basic training and in-service training. A railway undertaking or infrastructure manager employing a train driver whose training has been funded in whole or in part by another railway undertaking or infrastructure manager which the driver has left voluntarily after less than five years' employment shall refund to that undertaking or infrastructure manager the cost of that training. The detailed rules for implementing this provision will be established on the basis of a recommendation drawn up by the Agency in the framework of Regulation 881/2004/EC.

The committee adopted the report by Gilles SAVARY (PES, FR) amending the proposal under the 1st reading of the codecision procedure. The committee modified and restructured the Commission's timetable for introducing certification requirements. Although it left the first stage unchanged, it proposed a total of four stages rather than three as laid down in the proposal:

- the second stage would take effect from 1 January 2007 and would apply to drivers "who drive locomotives and trains for which the right of access to the Community's rail network derives from Directive 91/440/EEC or who drive passenger trains operated pursuant to cross-border cooperation arrangements concluded between undertakings";

- the third stage would take effect from 1 January 2009 and would apply to crew members (i.e. staff who are not drivers);

- the fourth stage would take effect from 1 January 2010 and would apply to drivers who do not work across borders.

However, MEPs also introduced a clause whereby any Member State would be able to request that a cost-benefit analysis be carried out by the European Railway Agency into the application of the directive to train drivers and train crews operating exclusively on the territory of that Member State . If it proved that the costs of applying the directive to such train drivers and train crews outweighed the benefits, the Commission could decide that they should be exempted for up to 10 years from the certification requirements laid down for the third and fourth stages.

Other amendments clarified the definitions of "train driver" and "train crew" and modified the rules on periodic checks for drivers. In particular, the committee felt that such checks should be limited to examinations of physical fitness and should not cover knowledge of lines and rolling stock.

Lastly, although the proposal stipulated that the harmonised complementary certificate would become invalid on cessation of employment, MEPs wanted train drivers to be able to retain a certified duplicate as evidence of their professional experience if they apply for a new job.

Pending the European Parliament opinion at first reading, the Council unanimously agreed on a general approach on a draft Directive on the certification of train drivers operating locomotives and trains on the Community's rail network, which forms part of the Third Railway Package. The Commission maintained a reservation at this stage, by means of which it seeks to ensure that the four legislative proposals comprising the Third Railway Package will be adopted together.