The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019

Amendment of Commission Decision 2010/17/EC U.K.

3.—(1) The Commission Decision 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 (Decision 2010/17/EC) is amended as follows.

(2) In Articles 1 and 2, for the words “are adopted” substitute “ apply ”.

(3) After Article 2, insert—

“Article 2A U.K.

For the purposes of this Decision–

(a) “accident investigation body” means an investigating body established in an EEA state in accordance with article 21 of Directive 2004/49/EC of the European Parliament and of the Council on safety on the Community's railways and amending Council Directive 95/18 on the licensing of railway undertakings and Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification M1 or in accordance with article 22 of Directive (EU) 2016/798 of the European Parliament and of the Council on railway safety M2 ;

(b) “complementary certificate” means a train driving certificate issued under the Regulations or the NI Regulations;

(c) “the Department” means the Department for Infrastructure renamed as such by the Departments Act (Northern Ireland) 2016 and originally established as the Department for Regional Development by article 3(1) of the Departments (Northern Ireland) Order 1999;

(d) “the Intergovernmental Commission” has the same meaning as in the Regulations;

(e) “infrastructure manager” has, in relation to Great Britain, the same meaning as in the Regulations and, in relation to Northern Ireland, the same meaning as in the NI Regulations;

(f) “the NI Regulations” means the Train Driving Licences and Certificates Regulations (Northern Ireland) 2010;

(g) “the ORR” means the Office of Rail and Road M3 ;

(h) “railway undertaking” has, in relation to Great Britain, the same meaning as in the Regulations and, in relation to Northern Ireland, the same meaning as in the NI Regulations;

(i) “the Regulations” means the Train Driving Licences and Certificates Regulations 2010;

(j) “safety authority” has the same meaning as in the Regulations;”.

(4) Omit Articles 3, 4 and 5.

(5) In Annex I—

(a) in Chapter 1 (basic parameters), for “set in accordance with Article 22(4) of Directive 2007/59/EC”, substitute “ kept under regulation 24 of the Regulations or regulation 22 of the NI Regulations, as the case may be ”;

(b) in Chapter 2 (data to be collected), for the third paragraph, substitute—

“Section 2 shall contain information about the licence issued in line with the list of requirements in Schedule 2 to the Regulations or Schedule 2 to the NI Regulations, as the case may be.”;

(c) in Chapter 3 (data format)—

(i) in the table in Section 1 (current state of the licence), at point 1.1, in the third column, for “EIN (12 digits)” substitute “ Number in digits ”,

(ii) in the heading to Section 2 (information on the current licence issued, in accordance with Annex I, Section 2 of Directive 2007/59/EC), omit the words “issued, in accordance with Annex I, Section 2 of Directive 2007/59/EC”,

(iii) in the table in Section 2 (information on the current licence issued, in accordance with Annex I, Section 2 of Directive 2007/59/EC), at point 9.1 in the second column, for “competent authority” substitute “ the ORR, the Department ”,

(iv) in the table in Section 2 (information on the current licence issued, in accordance with Annex I, Section 2 of Directive 2007/59/EC), at point 14.1, in the first row, for the words in the second column, substitute “ Information imposed by the ORR in accordance with Schedule 2 to the Regulations or by the Department in accordance with Schedule 2 to the NI Regulations, as the case may be ”,

(v) in the table in Section 2 (information on the current licence issued, in accordance with Annex I, Section 2 of Directive 2007/59/EC), at point 14.1, in the third row, in the second column, for “entries by the Member State which issues the licence, for information that may be necessary under national legislation”, substitute “ additional information that may be considered necessary by the ORR or the Department, as the case may be ”,

(vi) in the table in Section 2 (information on the current licence issued, in accordance with Annex I, Section 2 of Directive 2007/59/EC), at point 15.1, in the first row, for the words in the second column, substitute “ Information imposed by the ORR in accordance with Schedule 1 to the Regulations, or by the Department in accordance with Schedule 1 to the NI Regulations, as the case may be ”,

(vii) in the table in Section 4 (information on the basic requirements for issuing a licence and results of periodic checks), at point 26.1, in the third column, for the words from “criteria” to the end, substitute “ in paragraphs 1(1), 1(2), 1(3) and 2(1) of Schedule 1 to the Regulations or paragraphs 1(1), 1(2), 1(3) and 2(1) of Schedule 1 to the NI Regulations, as the case may be ”,

(viii) in the table in Section 4 (information on the basic requirements for issuing a licence and results of periodic checks), at point 27.1, in the third column, for the words from “criteria” to the end, substitute “ in paragraph 2(2) of Schedule 1 to the Regulations or paragraph 2(2) of Schedule 1 to the NI Regulations, as the case may be ”,

(ix) in the table in Section 4 (information on the basic requirements for issuing a licence and results of periodic checks), at point 28.1, in the third column, for the words from “criteria” to the end substitute “ in Schedule 3 to the Regulations or Schedule 3 to the NI Regulations, as the case may be ”;

(d) in Chapter 4 (access rights)—

[F1 (i) omit the first indent (including its two sub-indents),]

[F2 (ii) omit the second indent,]

(iii) in the third and fourth indents, for “article 22(1)(b) of Directive 2007/59/EC”, substitute “ regulation 26 of the Regulations, or regulation 25 of the NI Regulations as the case may be ”,

(iv) for the words of the sixth indent, substitute “ to the Rail Accident Investigation Branch for investigating accidents in accordance with the Railways and Transport Safety Act 2003 M4 ”.

(e) for Chapter 5 (data exchange) substitute—

“5.   Data exchange

Where in accordance with Chapter 4 (access rights), access to relevant data is required to be granted, it must be granted to persons having a right of access under that Chapter, upon request and without delay, in a manner which ensures secure transmission of information and protection of personal data.

In addition to the access rights granted under Chapter 4, each of the ORR and the Department may, at its discretion, grant access to information contained within the NLR to each other, the Intergovernmental Commission, a safety authority or an accident investigation body. Where such access is granted it must be in a manner which ensures secure transmission of information and protection of personal data.

The ORR and the Department may offer login facilities on their websites to all who have access, provided they ensure that grounds for requests are checked.”.

(6) In Annex II—

(a) in Chapter 1 (basic parameters), for “set in accordance with Article 22(4) of Directive 2007/59/EC” substitute, “ kept under regulation 25 of the Regulations or regulation 23 of the NI Regulations as the case may be ”;

(b) in Chapter 2 (data to be collected)—

(i) for the third paragraph, substitute—

“Section 2 shall contain information about the complementary certificate issued in line with the list of requirements in paragraph 3(a) to (n) of Schedule 2 to the Regulations or paragraph 3(a) to (q) of Schedule 2 to the NI Regulations as the case may be.”,

(ii) in the final paragraph, for “the relevant part of Directive 2007/59/EC”, substitute “ the relevant part of the Regulations or the NI Regulations, as the case may be ”;

(c) in Chapter 3 (data format)—

(i) in the table in Section 1 (reference to the licence), at point 1.1, in the third column, for “EIN (12 digits)”, substitute “ Numbers in digits ”,

(ii) in the heading of Section 2 (information about the current complementary certificate issued, as listed in Annex I, Section 3 of Directive 2007/59/EC), for “as listed in Annex I, Section 3 of Directive 2007/59/EC”, substitute “ as listed in paragraph 3 of Schedule 2 to the Regulations or paragraph 3 of Schedule 2 to the NI Regulations, as the case may be ”,

(iii) in the table in Section 2 (information about the current complementary certificate issued, as listed in Annex I, Section 3 of Directive 2007/59/EC), at point 8.1, in the second column, for “in Article 15 of Directive 2007/59/EC”, substitute “ in regulation 11 of the Regulations or regulation 11 of the NI Regulations, as the case may be ”,

(iv) in the table in Section 4 (historical records in connection with the basic requirements for issuing a complementary certificate and the results of periodic checks), at point 29.1, in the third column, for “in Annex VI(8) of Directive 2007/59/EC”, substitute “ in paragraph 8 of Schedule 4 to the Regulations or in paragraph 8 of Schedule 4 of the NI Regulations, as the case may be ”,

(v) in the table in Section 4 (historical records in connection with the basic requirements for issuing a complementary certificate and the results of periodic checks), at point 30.1, in the third column, for “in Annex V of Directive 2007/59/EC”, substitute “ in Schedule 5 to the Regulations or Schedule 5 to the NI Regulations, as the case may be ”;

(d) in Chapter 4 (access rights), in the first paragraph—

(i) for the words of the first indent, substitute “ to the ORR for the purposes of regulations 27 or 28 of the Regulations, or to the Department for the purposes of regulations 26 or 27 of the NI Regulations, as the case may be, ”,

(ii) omit the second indent,

(iii) for the words of the third indent, substitute “ to train drivers, upon request, for consulting the data concerning them, ”,

(iv) for the words of the fourth indent, substitute “ to the Rail Accident Investigation Branch for investigating accidents in accordance with the Railways and Transport Safety Act 2003, ”;

(e) for Chapter 5 (data exchange) substitute—

“5.   Data exchange

Where, in accordance with Chapter 4 (Access rights), access to relevant data is required to be granted, it must be granted to the persons having a right of access under that Chapter, upon request and without delay, in a manner which ensures secure transmission of information and protection of personal data.

Railway undertakings and infrastructure managers may offer login facilities on their websites to all who have access, provided they ensure that the grounds for requests are checked.”;

(f) in Chapter 7 (procedure in case of bankruptcy), for “competent authority in the Member State where the railway undertaking or infrastructure manager is established”, substitute “ ORR or the Department, as the case may be, according to where the railway undertaking or infrastructure manager is established, ”.

Textual Amendments

F1 Reg. 3(5)(d)(i) substituted (31.12.2020 immediately before IP completion day) by The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318), regs. 1(2)(b), 4(2)(a)

F2 Reg. 3(5)(d)(ii) substituted (31.12.2020 immediately before IP completion day) by The Railways (Interoperability) (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2020 (S.I. 2020/318), regs. 1(2)(b), 4(2)(b)

Commencement Information

I1 Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M1 O.J. No. L164, 30.4.2004, p 44 to which there are amendments not relevant to these Regulations.

M2 O.J. No. L138, 26.5.2016, p 102.

M3 The Office of Rail and Road was established by section 15 of the Railways and Transport Safety Act 2003 (c.20). Section 15 was amended by S.I. 2015/1682, Schedule, Part 1, paragraph 2(b).

M4 2003 c. 20. In accordance with section 3(3) of the 2003 Act, the Rail Accident Investigation Branch means those inspectors appointed by the Secretary of State under section 3 of that Act.