2011年11月22日委员会决定,根据欧洲议会和理事会指令2007/59/EC,参与火车驾驶培训的培训中心的认可标准、火车驾驶者主考官的认可标准和考试机构的标准(通报文件号C(2011) 7966)?(1)
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:32011D0765
OJ编号:OJ L 314, 29.11.2011, p. 36-40
中文标题:2011年11月22日委员会决定,根据欧洲议会和理事会指令2007/59/EC,参与火车驾驶培训的培训中心的认可标准、火车驾驶者主考官的认可标准和考试机构的标准(通报文件号C(2011) 7966)?(1)
原文标题: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
分类:07.20.40.20_社会条件
文件类型:二级立法 Decision|决定
废止日期:2058-12-31
法规全文:查看欧盟官方文件
EN
Official Journal of the European Union
29.11.2011
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,
competence of an examiner should refer to aspects such
as examination methods, skills and pedagogical aptitude.
The competent authority should check on an individual
Having regard to the Treaty on the Functioning of the European
basis whether the competence of a person or entity
Union,
applying for recognition as an examiner of train drivers
is appropriate for the purpose of performing exam
inations in the respective areas of competences.
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 (
(6) Examiners
of
train
drivers
should
perform
examinations
1 ), and in particular
Articles 23(3)(b) and 25(5) thereof,
in an independent and impartial manner. To that end,
the persons or entities applying for the recognition
procedure should prove to the competent authority
Whereas:
that they respect those requirements.
(1) To
achieve
an
appropriate
and
comparable
level
of (7) The
measures
provided
for
in
this
Decision
are
in
quality of training and examinations of train drivers
accordance with the opinion of the Committee referred
and train candidate drivers with a view to their certifi
to in Article 32 of Directive 2007/59/EC,
cation 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.
HAS ADOPTED THIS DECISION:
(2) Training
and
examinations
should
be
performed
in
an
CHAPTER 1
appropriate manner and at a reasonable and comparable
quality level in all Member States, to enable mutual
GENERAL PROVISIONS
acceptance of examinations.
Article 1
Subject matter and scope
(3) Training
centres
should
be
competent
in
regard
to
the
training they carry out. In particular the training centres
This Decision lays down the criteria for the recognition of
should have technical and operational competence and
training centres providing professional training to train drivers
suitability to organise training courses and should be
and train drivers candidates for the recognition of examiners of
adequately staffed and equipped.
train drivers and train drivers candidates and for the organi
sation of examinations in accordance with Directive
2007/59/EC.
(4) Particular
provisions
should
be
laid
down
for
training
centres that belong to railway undertakings or infra
structure managers applying for safety certificates or
It applies to:
safety authorisations. In order to reduce the adminis
trative burden, a Member State should be enabled to
provide the possibility to combine the recognition of
such training centres with the process of granting
(a) training centres providing training courses for train drivers
safety certificates or safety authorisations.
and train candidate drivers on training tasks specified in
Article 23 of Directive 2007/59/EC;
(5) Examiners
of
train
drivers
should
be
skilled
and
competent in regard to the subject matter of exam
(b) the examiners of train drivers authorised to check the
inations they want to conduct. Requirements for the
competence of candidate train drivers or train drivers to
be certified in accordance with Article 25 of Directive
( 1 ) OJ L 315, 3.12.2007, p. 51.
2007/59/EC.
EN
29.11.2011 Official
Journal
of
the
European
Union L
314/37
Article 2
Training centres shall apply the same rules to persons
employed by the company owning the training centre and to
Definitions
other persons. Member States shall ensure that measures are
The following definitions shall apply for the purpose of this
taken to safeguard this principle.
Decision:
Article 4
(a) ‘applicant’ means an entity or a single person having estab
Competence requirements
lished a company that applies for recognition to provide
training courses relating to training tasks referred to in
1. An
applicant
shall
demonstrate
technical
and
operational
Article 23(5) and (6) of Directive 2007/59/EC, including a
competence and suitability to organise training courses appro
single person applying for recognition as examiner referred
priate to the training tasks. It shall be adequately staffed and
to in Article 25(1) and (2) of Directive 2007/59/EC;
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
(b) ‘trainer’ means a person with relevant skills and competence
Directive 2007/59/EC.
to prepare, organise and conduct training courses;
2. In
particular,
applicants
shall:
(c) ‘examiner’ means a person having relevant skills and
competence, recognised to conduct and score examinations
for the purposes of Directive 2007/59/EC;
(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
(d) ‘examination’ means a process to check a train driver’s or
Directive 2007/59/EC;
candidate train driver’s competence in accordance with
Directive 2007/59/EC by one or more means such as
written, oral and practical;
(b) have the necessary staff, facilities, equipment and accom
modation appropriate for the training offered and the
estimated number of trainees;
(e) ‘examination centre’ means an entity established to provide
examinations for train drivers in accordance with Article 25
of Directive 2007/59/EC;
(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
(f) ‘recognition’ means a formal statement on the competence
of line/rolling stock, and who have professional practice in
of a person or an entity to perform training tasks or exam
driving of minimum 3 years’ duration. When the trainer
inations, issued by an authority appointed for this purpose
does not hold a valid certificate for the relevant infra
by the Member State;
structure/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
(g) ‘competent authority’ means the competent authority as
2007/59/EC;
defined in Article 3 of Directive 2007/59/EC or any other
body appointed by the Member State or entrusted with the
task of recognition of training centres and of examiners by
(d) provide the methodology they intend to use to ensure the
the competent authority through delegation.
content, organisation and duration of training courses,
training plans and competence schemes;
CHAPTER 2
(e) provide systems to record the training activities including
TRAINING CENTRES
information on participants, trainers and the number and
Article 3
purpose of the courses;
Independence and impartiality
Training centres shall deliver training courses in an impartial
(f) have a quality management system or equivalent procedures
manner regarding all participants.
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
In particular where a training centre provides training to
2007/59/EC;
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
(g) provide competence management, ongoing training and
training centre and shall be impartial for all participants.
measures to keep professional skills updated for trainers;
L 314/38
EN
Official Journal of the European Union
29.11.2011
(h) demonstrate procedures to keep training methods, tools and
CHAPTER 3
equipments updated, including training literature, training
software, documents provided by the infrastructure
EXAMINERS
manager such as rulebooks on operational rules, signals
Article 7
or safety systems.
Independence and impartiality
Applicants shall confirm that they will conduct examinations in
3. A
Member
State
may
establish
additional
requirements
for an impartial and non-discriminatory manner, free of any
the training related to infrastructure of its own territory.
pressure and incentive which could affect the judgement or
the results of the examination and the way the examination is
carried out.
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
For this purpose the competent authority shall develop a
the communication and terminology refer.
statement incorporated in an application form to be signed
by the applicant.
Article 5
Training centres belonging to a railway undertaking or an
Article 8
infrastructure manager
Competence requirements
1. A
Member
State
may
permit
that
an
applicant
which
belongs to a railway undertaking or to an infrastructure
1. Applicants
shall
be
competent
and
experienced
regarding
manager, exclusively provides training to staff of the company
the subject of examination they want to conduct.
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 (
The experience requested shall be gathered during professional
1 ).
practice of minimum 4 years’ duration within a period of not
more than 5 years before the application date.
2. In
this
case,
the
statement
of
recognition
may
be
displayed
on the relevant safety certificate or safety authorisation.
The requested period of professional experience may include
periods of experience as a manager of train drivers who holds
3. Work
organisation
and
management
of
the
applicant a valid train driver licence and complimentary certificate or as a
referred to in paragraph 1 shall be organised and structured
trainer for training tasks relevant to the application submitted.
to prevent any conflict of interest.
Article 6
2. In
regard
to
practical
examinations
on
board
trains
the
New or newly equipped line and newly introduced rolling
applicant must be the holder of both a valid train driver licence
stock
and a valid certificate covering the subject of examination or a
similar type of line/rolling stock. When the examiner does not
In regard to new or newly equipped lines or newly introduced
hold a valid certificate for the infrastructure/rolling stock of the
rolling stock a Member State may specify conditions under
examination, a driver holding the certificate for that infra
which a recognised training centre may organise practical
structure/rolling stock shall be present to the examination in
training in derogation to Article 4(2)(c).
accordance with Article 4(2)(e) of Directive 2007/59/EC.
The use of this derogation shall be strictly limited to the case in
which no trainer holding a certificate already covering the new
The applicant shall have professional practice in driving of
or newly equipped line or the new rolling stock is yet available.
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
The trainer shall fulfil all other requirements of Article 4(2)(c) in
application.
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.
3. In
addition,
applicants
shall
meet
the
following
minimum
( 1 ) OJ L 164, 30.4.2004, p. 44.
criteria:
EN
29.11.2011 Official
Journal
of
the
European
Union L
314/39
(a) they shall be competent in listening and spoken interaction
(d) in cases where the examiner participating to the exam
at minimum level B2 of the European Framework for
ination provided the training on the subject of examination
Language Competence (EFLC) established by the Council
to the train driver or candidate train driver, a second
of Europe ( 1 ), in the language of examination;
examiner, who was not involved in preparation training,
will conduct the examination;
(b) they shall have the skills and the pedagogical aptitude
required for the purpose of conducting examinations, and
(e) an examination shall be prepared with particular care in
have thorough knowledge of the relevant examination
regard to the confidentiality of the questions foreseen
methods and examination documents;
during the examination.
(c) they shall demonstrate how they will keep their professional
Article 10
competences regarding the subjects they examine updated;
New or newly equipped line and newly introduced rolling
stock
(d) they shall be familiar with the certification scheme for train
drivers.
In regard to new or newly equipped lines or newly introduced
rolling stock a Member State may specify conditions under
which a recognised examiner may perform examinations in
derogation to Article 9.
4. A
Member
State
may
establish
additional
requirements
for examiners performing examinations related to its own
infrastructure.
The use of this derogation shall be strictly limited to the case in
which no examiner holding a certificate already covering the
CHAPTER 4
new or newly equipped line or the new rolling stock is yet
available.
ORGANISATION OF EXAMINATIONS
Article 9
The examiner shall fulfil all other requirements of Article 4(2)(c)
Common criteria for the organisation of examinations
in regard to the licence and to the certificate as provided in
Examinations organised to assess train drivers’ competence in
Articles 14 and 15 of Directive 2007/59/EC, and to the
accordance with Article 25 of Directive 2007/59/EC shall meet
required period of professional practice.
the following criteria:
CHAPTER 5
(a) in case of examinations conducted by two or more persons,
FINAL PROVISIONS
at least the person who is leading the examination shall be a
recognised examiner in accordance with the provisions of
Article 11
this Decision;
Transitional period
If a railway undertaking or an infrastructure manager has
(b) where the examination concerns the practical part of train
already selected examiners for the purpose of conducting exam
driving competences, the examiner shall be licensed as train
inations for their own staff, in conformity with national
driver and hold a complementary certificate authorising the
provisions and requirements applicable before the entry into
use of infrastructure and the driving of rolling stock that is
force of this Decision, a Member State may decide that those
subject to the examination, or a similar type of line/rolling
selected examiners are allowed to continue conducting exam
stock; when the examiner does not hold a valid certificate
inations in accordance with the following conditions:
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
(a) the railway undertaking or infrastructure manager has
with Article 4(2)(e) of Directive 2007/59/EC;
selected the examiner within the framework of a safety
certificate or safety authorisation issued in accordance
with Directive 2004/49/EC and within the limits of the
(c) examinations shall be performed in a transparent manner
scope issued by the competent authority and until the
and shall have adequate duration in order to prove with
expiry of this safety certificate or safety authorisation;
sufficient documented evidence that all the relevant
subjects of the Annexes to Directive 2007/59/EC are
covered;
(b) the railway undertaking or infrastructure manager checks
the fulfilment of the requirements laid down in this
( 1 ) Common European Framework of Reference for Languages: Learning,
Decision in regard to examiners they have selected; if an
Teaching, Assessment, 2001 (Cambridge University Press for the
examiner fails to meet a requirement, the railway under
English version — ISBN 0-521-00531-0). Also available on the
taking or infrastructure manager shall take appropriate
Council of Europe website: http://www.coe.int/T/DG4/Portfolio/
documents/Common%20European%20Framework%20hyperlinked.
measures to achieve the fulfilment of the requirements for
examiners.
L 314/40
EN
Official Journal of the European Union
29.11.2011
Article 12
Application
This Decision shall apply from 15 May 2012.
For training centres already providing training services at the date of application of this Decision, this
Decision shall apply as of 1 July 2013.
Article 13
Addressees
This Decision is addressed to the Member States.
Done at Brussels, 22 November 2011.
For the Commission
Siim KALLAS
Vice-President
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