2011年11月22日委员会建议,根据欧洲议会和理事会指令2007/59/EC,关于培训中心的认可程序和火车驾驶者的主考官(1)

技术法规类型:欧盟Eurlex法规 来源:tbtmap

EURLEX ID:32011H0766

OJ编号:OJ L 314, 29.11.2011, p. 41-46

中文标题:2011年11月22日委员会建议,根据欧洲议会和理事会指令2007/59/EC,关于培训中心的认可程序和火车驾驶者的主考官(1)

原文标题:2011/766/EU: Commission Recommendation 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 Text with EEA relevance

分类:07.20.40.20_社会条件

文件类型:二级立法 Recommendation|建议

生效日期:2011-11-22

废止日期:2058-12-31

法规全文:查看欧盟官方文件

HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
29.11.2011 Official
Journal
of
the
European
Union L
314/41
RECOMMENDATIONS
COMMISSION RECOMMENDATION
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
(Text with EEA relevance)
(2011/766/EU)
THE EUROPEAN COMMISSION,
competence issued by training centres in line with the
‘European Framework for Language Competence’, estab
lished by the Council of Europe.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 292 thereof,
(5) In
some
Member
States
examination
centres
are
already
established or will be established to organise exam
inations for train drivers. In this case, the Member
State may delegate the task of recognition of examiners
Whereas:
to the examination centre under specific national
conditions,
(1) To
achieve
an
appropriate
and
comparable
level
of
quality of training and examinations of train drivers
HAS ADOPTED THIS RECOMMENDATION:
and train drivers candidates with a view to their certifi
cation in all Member States, it is recommended to use
common conditions and procedures at Union level in
regard to both the procedures of recognition of
Subject matter
training centres and of examiners of train drivers and
train drivers candidates, and also the qualitative
1. This recommendation sets out recommended practices and
requirements for the examination to be fulfilled.
procedures for the recognition of training centres providing

professional training to train drivers and to train drivers
candidates and for the recognition of examiners of train
drivers and of train drivers candidates in accordance with
Directive 2007/59/EC of the European Parliament and of
(2) Training
and
examinations
should
be
performed
in
an
the Council ( 1 ).
appropriate manner and at a reasonable and comparable
quality level in all Member States, to enable mutual
acceptance of examinations.
Application for recognition of a training centre
2. A training centre should submit a written application for
recognition, its renewal or amendment to the competent
(3) The
statement
of
recognition
should
indicate
the
areas
of
competence in which the training centre is recognised to
authority of the Member State in which the training centre
provide training courses and in which areas the examiner
has or intends to have its principal place of operation, with
is recognised to conduct examinations for train drivers.
the exception of the case referred to in point 6.
Within the limits of the areas of competence specified in
the statement of recognition, the recognised training
centre should be authorised to perform training courses
3. Where a training centre consists of more than one legal
and the recognised examiner should be authorised to
entity, each of the legal entities should apply separately for
perform examinations throughout the Union.
recognition.
(4) In
regard
to
the
general
language
competence
of
train
4. Applications should include documents giving evidence of
drivers, the competent authority may not have the
the fulfilment of the requirements laid down in Directive
specific experience and competence required for the
2007/59/EC and in Commission Decision 765/2011 ( 2 ).
recognition of training centres and of examiners in
regard to general language competence of train drivers.
( 1 ) OJ L 315, 3.12.2007, p. 51.
In this case, Member States may accept certificates of
( 2 ) See page 36 of this Official Journal.

L 314/42
EN
Official Journal of the European Union
29.11.2011
5. Applications should specify the training tasks for which the
(c) the training tasks for which the training centre is
applicant applies for a recognition. The application may
entitled to provide training courses in accordance
refer to training tasks belonging to one or more areas of
with point 5;
competence. It should be structured in line with the
following areas of competence:
(d) identification number of the training centre provided in
(a) general professional knowledge in accordance with
accordance with point 15;
Annex IV to Directive 2007/59/EC;
(e) date of expiry of the statement of recognition.
(b) professional knowledge relating to rolling stock in
accordance with Annex V to Directive 2007/59/EC;
Validity, amendment, renewal of statement of
(c) professional knowledge of infrastructure in accordance
recognition of a training centre
with Annex VI to Directive 2007/59/EC;
11. A statement of recognition of a training centre should be
valid for 5 years. The competent authority may shorten the
duration of validity regarding all or part of the training
(d) linguistic knowledge in accordance with Annex VI to
tasks specified in the statement of recognition in
Directive 2007/59/EC (general linguistic knowledge
reasoned cases.
and/or specific communication and terminology for
rail operations and safety procedures).
12. A training centre holding a valid statement of recognition
may at any time apply to extend the scope of training
6. A training centre which has its principal place of operation
tasks. An amended statement of recognition should be
in another Member State than the Member State where an
issued based on the appropriate supplementing
infrastructure is located, may be recognised by the
documents provided by the applicant. In this case the
competent authority of the Member State where the infra
expiry date of the amended statement of recognition
structure is located.
should not be affected.
7. Where an applicant applying for recognition of training
tasks related to infrastructure knowledge has been already
13. Where requirements for one or more training tasks
recognised in accordance with this Recommendation and
specified on the statement of recognition are no longer
Decision 765/2011 by a competent authority of a Member
fulfilled, the recognised training centre should immediately
State, the competent authorities of other Member States
cease to provide training regarding the tasks concerned and
should limit their assessment to the requirements that are
inform in writing the competent authority which issued the
specific to the training on the infrastructure in question and
statement of recognition. The competent authority should
should refrain from assessing aspects which were already
evaluate the information and issue an amended statement
assessed in the course of the previous recognition.
of recognition. In this case the expiry date of the statement
of recognition should not be affected.
Issue of statement of recognition of a training centre
8. The competent authority should issue a statement of recog
14. A statement of recognition should be renewed on request
nition not later than 2 months after receiving all necessary
of the training centre and should be issued under the same
documents.
conditions as an initial statement of recognition. The
competent authority may establish a simplified procedure
where the conditions for recognition remain unchanged.
Records of training activities performed during the
9. The competent authority should make its decision on the
previous 2 years should be submitted. Where the
application based on the applicant’s ability to demonstrate
previous period of validity was shortened to less than 2
how independence, competence and impartiality are
years in accordance with point 11, records for the whole
ensured.
period should be submitted.
10. A statement of recognition should contain the following
information:
Register of training centres
15. In the register referred to in Article 20(3) of Directive
2007/59/EC, each recognised training centre should be
(a) name and address of the competent authority;
identified by an individual identification number. The
identification number should be based on national
provisions, however, it should include the short name of
(b) name and address of the training centre;
the Member State where the training centre is recognised.

EN
29.11.2011 Official
Journal
of
the
European
Union L
314/43
16. The register should contain at least the following
22. In case of suspension or withdrawal the competent
information:
authority should clearly inform the training centre
regarding the requirements that are no longer fulfilled.
The competent authority may, before suspension or with
(a) name and address of the recognised training centre;
drawal becomes effective, provide a notice period within
which the training centre may adapt its practices in order
to meet the requirements for recognition. It should inform
the training centre of the appeal procedure set up to allow
(b) the training tasks for which the training centre is
the training centre concerned to request a review of the
recognised to provide training courses, referring to
decision.
the relevant Annexes to Directive 2007/59/EC;
23. The competent authority should ensure that an adminis
(c) the identification number;
trative appeal procedure is set up to allow the training
centre concerned to request a review of disputed decisions.
(d) date of expiry of the statement of recognition;
Training centres providing language training
(e) contact information.
24. In regard to the training on general language competence, a
Member State may acknowledge the applicant as a training
centre on the base of a certificate which confirms the
competence of the applicant to provide training on
17. In order to keep the register up-to-date, recognised training
general language. This competence should be in line with
centres should inform the competent authority that issued
the principles and methodology of the ‘European
the statement of recognition of any change concerning data
Framework for Language Competence’ established by the
published in the register. National provisions may require
Council of Europe (
additional data to be stored in the register and information

1 ). The Member State may lay down
supplementary provisions to specify the use of this
on change of those data.
option taking into account national practice regarding the
certification of all language training centres.
Suspension and withdrawal of recognition
18. Where assessment or supervision activities performed by
25. In regard to the training on specific communication and
the competent authority or Member State in conformity
terminology for rail operation and safety procedures, recog
with Articles 26, 27 or 29 of Directive 2007/59/EC
nition in accordance with the provisions of this Recom
provide evidence that a training centre fails to meet the
mendation should be required. Applications for recognition
requirements for recognition, the competent authority
as a training centre providing training on specific
should withdraw or suspend the respective statement of
communication and terminology for rail operation and
recognition.
safety procedures should be submitted to the competent
authority of the Member State where the infrastructure,
to which the communication and terminology refer, is
19. If a competent authority finds that a training centre
located.
recognised by the competent authority of another
Member State does not fulfil the obligations of Directive
2007/59/EC and of Decision 765/2011 they should inform
the competent authority in the other Member State that
Application for recognition as an examiner
issued the statement of recognition. The competent
26. An applicant applying for recognition as an examiner
authority which issued the statement of recognition
should submit a written application to the competent
should check this information within 4 weeks and inform
authority of the Member State concerned.
the requesting competent authority of the results of its
checks and decisions.
27. Where an application concerns recognition as an examiner
20. Where the competent authority finds that the training
for infrastructure knowledge, including route knowledge
centre no longer meets the requirements for recognition,
and operation rules, the competent authority of the
the competent authority should withdraw or suspend the
Member State where the infrastructure is located is
statement of recognition.
responsible for recognition.
( 1 ) Common European Framework of Reference for Languages: Learning,
Teaching, Assessment, 2001 (Cambridge University Press for the
Appeal procedure
English version — ISBN 0-521-00531-0). Also available on the
Council of Europe website: http://www.coe.int/T/DG4/Portfolio/
21. The competent authority should promptly inform the
documents/Common%20European%20Framework%20hyperlinked.
training centre in writing of the reasons for its decisions.
pdf

L 314/44
EN
Official Journal of the European Union
29.11.2011
28. An application may also be submitted on behalf of the
(d) the languages in which the examiner is recognised to
applicant by his or her employer.
conduct examinations;
29. Applications should include documents giving evidence of
(e) the identification number of the examiner provided in
the fulfilment of the requirements laid down in Directive
accordance with point 10(d);
2007/59/EC and in Decision 765/2011.
(f) date of expiry of the statement of recognition.
30. Applications should specify the area(s) of competence for
which recognition as an examiner is applied for. The appli
cation may refer to one or more areas of competence. It
Validity, amendment, renewal of statement of
should be structured in line with the following areas of
recognition for an examiner
competence:
33. A statement of recognition of an examiner should be valid
for 5 years. The competent authority may shorten the
duration of validity regarding all or part of the competence
(a) general professional knowledge in accordance with
areas specified on the statement of recognition in reasoned
Annex IV to Directive 2007/59/EC;
cases.
34. The holder of a valid statement of recognition may at any
(b) professional knowledge relating to rolling stock in
time apply for amendment aiming to add area(s) of
accordance with Annex V to Directive 2007/59/EC;
competence. An amended statement of recognition
should be issued based on appropriate supplementing
documents provided by the applicant. The expiry date of
an amended statement of recognition should not be
(c) professional knowledge relating to infrastructure in
affected.
accordance with Annex VI to Directive 2007/59/EC;
35. In case of developments that require an amendment of the
(d) linguistic knowledge in accordance with Annex VI to
statement of recognition because requirements for one or
Directive 2007/59/EC (general linguistic knowledge
more areas of competence specified on it are no longer
and/or specific communication and terminology or
fulfilled the recognised examiner should immediately
rail operations and safety procedures).
cease conducting examinations in those areas of
competence and inform in writing the competent authority.
The competent authority should evaluate the information
and issue an amended statement of recognition. The expiry
Issue of statement of recognition for an examiner
date of an amended statement of recognition should not be
31. The competent authority should evaluate all documents
affected.
submitted by the applicant. Where all requirements are
fulfilled it should issue a statement of recognition as
soon as possible and not later than 2 months after
36. A statement of recognition should be renewed on request
receiving all necessary documents.
of the examiner and should be issued under the same
conditions as an initial statement of recognition. The
competent authority may establish a simplified procedure
where the conditions for previous recognition have stayed
32. A statement of recognition should contain at least the
unchanged. In any case examiners applying for renewal
following information:
should submit records of the competence they have
received during the previous period of validity and of
examination activities performed during the last 2 years.
(a) name and address of the competent authority;
Where the previous period of validity was shortened to
less than 2 years in accordance with point 33, records of
the whole period should be submitted respectively.
(b) name or names, address and date of birth of the
applicant; the place of birth of the applicant may be
Register of examiners
included in the statement of recognition on an optional
basis;
37. In the register referred to in Article 20(3) of Directive
2007/59/EC, each examiner should be identified by an
individual identification. The identification number should
be based on national provisions; however, it should include
(c) the area(s) of competence for which the examiner is
the short name of the Member State where the examiner is
entitled to perform examinations;
recognised.

EN
29.11.2011 Official
Journal
of
the
European
Union L
314/45
38. The register should contain at least the following
2007/59/EC and of Decision 765/2011, they should
information:
inform the competent authority in the Member State that
issued the statement of recognition and require the appro
priate checks by this latter.
(a) name, address, date of birth of the recognised examiner;
43. If the competent authority of this latter Member State finds
that the examiner no longer meets the requirements, it
(b) the area(s) of competence for which the examiner is
should withdraw or suspend the statement of recognition,
recognised to conduct examinations;
promptly inform the examiner in writing of the reasons for
its decisions and notify its decision to the competent
authority which informed of the failure to meet the
(c) the language(s) in which the examiner is recognised to
requirements.
conduct examinations;
Appeal procedure
(d) the identification number of the examiner provided in
accordance with point 37;
44. The competent authority should promptly inform the
examiner in writing of the reasons for its decisions.
(e) where an employer applies on behalf of the examiner in
accordance with point 28, the name and address of the
45. In case of suspension or withdrawal the competent
employer (in other cases the name and address of an
authority should provide clear information on the
employer of the examiner may be included on an
requirements that are no longer fulfilled. The competent
optional basis);
authority may, before suspension or withdrawal becomes
effective, provide a notice period within which the
examiner may adapt its practices in order to meet the
requirements for recognition.
(f) date of expiry of the statement of recognition;
46. The competent authority should ensure that an adminis
(g) contact information.
trative appeal procedure is set up allowing applicants or
examiners to request a review of disputed decisions.
39. In order to keep the register up-to-date, a recognised
examiner or his or her employer should inform the
Examiners assessing language competence
authority that has issued the statement of recognition
about any change concerning data contained in the
47. In regard to the examining of general language competence
register. National provisions may foresee additional data
and to acknowledge the applicant as an examiner, a
to be stored in the register and information on change
Member State may recognise the applicant on the basis
regarding those data.
of a certificate, issued in conformity with common
practice on the language training sector. This certificate
should confirm the competence of the applicant to
conduct examinations in line with principles and
40. Data referred to in point 38(a), (b) and (c) should be made
methodology of the ‘European Framework for Language
publicly accessible. Other data listed in point 38 should be
Competence’ established by the Council of Europe. The
made public in accordance with national provisions on
Member State may lay down supplementary provisions to
personal data protection.
specify the use of this option taking into account national
practice regarding the certification of language competence
of examiners.
Suspension and withdrawal of recognition
41. Where assessment or supervision activities performed by
the competent authority in conformity with Articles 26,
48. In regard to the examining of competence on specific
27 or 29 of Directive 2007/59/EC give evidence that an
communication and terminology for rail operation and
examiner fails to meet the requirements for recognition, the
safety procedures, recognition in accordance with the
competent authority should withdraw or suspend the
provisions of this Recommendation should be required.
statement of recognition.
Applications for recognition as an examiner for the
purpose of conducting examinations concerning specific
communication and terminology for rail operation and
safety procedures should be submitted to the competent
42. If a competent authority finds that an examiner recognised
authority of the Member State where the infrastructure,
by the competent authority of another Member State does
to which the communication and terminology refer, is
not satisfy one or more requirements of the Directive
located.

L 314/46
EN
Official Journal of the European Union
29.11.2011
Recognition of examination centres
authority may, before suspension or withdrawal becomes
effective, provide a notice period within which the exam
49. A Member State may decide to require recognition of
ination centre may adapt its practices in order to meet the
examination centres on basis of a written application
requirements for recognition.
submitted to the competent authority.
50. The competent authority should provide a statement of
58. The competent authority should ensure that an adminis
recognition of the examination centre following national
trative appeal procedure is set up allowing applicants or
provisions and procedures and on the basis of the criteria
examination centres to request a review of disputed
of independence, competence and impartiality. Points 26 to
decisions.
48 should apply to recognition of examination centres.
Transparent evaluation rules
51. The competent authority could also delegate to these exam
59. The evaluation and scoring principles and the type of
ination centres the recognition of its own examiners under
results should be available before the examinations.
the condition that they fulfil the requirements laid down in
point 53.
60. Drivers or candidate drivers should be allowed to view the
52. For the purpose of point 54 the examination centre should
evaluation of examination results and to request a review in
keep up-to-date a register of all examiners it has recognised.
case of a reasoned negative opinion regarding the exam
This register should provide the information referred to in
inations they took.
point 38.
Quality checks and supervision by the competent
53. The examination centre should provide appropriate
authority
measures to manage its examiners and to ensure that its
examiners have the competences required in accordance
61. In order to comply with their supervision activities in
with Directive 2007/59/EC and Decision 765/2011.
conformity with Articles 26, 27 or 29 of Directive
2007/59/EC, a competent authority may require:
54. Examiners should be allowed to conduct examinations only
in the framework of activities of the examination centre to
(a) access to all documents relevant for the preparation,
which they belong.
conduction and evaluation of examinations;
55. The information on the recognised examination centre
(b) the adoption of a reporting procedure requiring that
should be publicly accessible in the register provided for
certain information should be delivered regularly or
in point 38 without providing information on the indi
on demand;
vidual examiners belonging to that examination centre.
The name of the examination centre should be displayed
instead of the identification number referred to in point 37.
(c) an observation of examinations by representatives of a
competent authority.
56. The competent authority should promptly inform the
examination centre in writing of the reasons for its
decisions.
Done at Brussels, 22 November 2011.
For the Commission
57. In case of suspension or withdrawal the competent
authority should provide clear information on the
Siim KALLAS
requirements that are no longer fulfilled. The competent
Vice-President

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