ANNEX IISupplementary provisions
ANNEX II BASIC PARAMETERS FOR REGISTERS OF TRAIN DRIVERS' COMPLEMENTARY CERTIFICATES (CCRS) 1. Basic parameters The basic parameters for registers of complementary certificates (CCR), set in accordance with Article 22(4) of Directive 2007/59/EC, are: — Data to be collected (Chapter 2), — Data format (Chapter 3), — Access rights (Chapter 4), — Data exchange (Chapter 5), — Duration of data retention (Chapter 6), — Procedures in case of bankruptcy (Chapter 7), 2. Data to be collected CCRs shall comprise four sections. Section 1 shall contain information about the current state of the licence owned by the train driver. Section 2 shall contain information about the complementary certificate issued, as listed in Annex I, Section 3, of Directive 2007/59/EC. Section 3 shall contain historical information about the complementary certificate. Section 4 shall contain information about basic requirements and initial checks to allow the complementary certificate to be issued and about subsequent checks to be recorded to allow the complementary certificate to remain valid. The data to be collected are set out in the table in Chapter 3. Information on current knowledge of rolling stock, knowledge of infrastructure and linguistic knowledge assessed in accordance with the relevant part of Directive 2007/59/EC shall be given in Section 2. That section shall include the date of the next expected checks. By the date of subsequent checks the new ‘current state’ will start, and previous information will be moved into Section 4, containing historical information. 3. Data format The following list shows the data format of the CCR. The list is set out as follows: No Datum to be displayed Content Format Status of the requirement Section 1: Reference to the licence 1 Licence number 1.1 Number of the licence, giving access to data in the national register EIN (12 digits) Compulsory 2 Current state of the licence 2.1 Evidence of the current state of the licence — Valid — Suspended — Withdrawn Text Compulsory Section 2: Information about the current complementary certificate issued, as listed in Annex I, Section 3, of Directive 2007/59/EC 3 Surname(s) of the holder (the same of the licence) 3.1 Surname(s) displayed on passport or national identity card or other recognised document proving identity. More surnames are allowed, depending on national custom Text Compulsory 4 Name(s) of the holder (the same of the licence) 4.1 Name(s) displayed on passport or national identity card or other recognised document proving identity. More names are allowed, depending on national custom Text Compulsory 5 Date of birth of the holder 5.1 Date of birth of the holder YYYY-MM-DD Compulsory 6 Place of birth of the holder 6.1 Place of birth of the holder Text Compulsory 7 Date of issue of the certificate 7.1 The current date of issue of the certificate YYYY-MM-DD Compulsory 8 Date of expiry of the certificate 8.1 Date of the expected formal expiry of the certificate, to be set by the company and included in the procedure required in Article 15 of Directive 2007/59/EC. YYYY-MM-DD Compulsory 9 Name of issuing entity 9.1 Name of the entity issuing the certificate (railway undertaking, infrastructure manager, other) Text Compulsory 10 Reference number assigned to the employee by the employer 10.1 Company reference for the train driver Text Optional 11 Photograph of the holder 11.1 Photograph Original or Electronic scanning Compulsory 12 Signature of the holder 12.1 Signature Original/Photocopy/Electronic scanning Compulsory 13 Permanent place of residence or postal address of the holder 13.1 Address of the holder Street and number Text Optional 13.2 Town Text Optional 13.3 Country Text Optional 13.4 Postcode Alpha-numerical code Optional 13.5 Telephone number 13.6 e-mail address 14 Address of the railway undertaking or infrastructure manager for which the driver is authorised to drive 14.1 Address of the RU/IM Street and number Text Compulsory 14.2 Town Town Compulsory 14.3 Country Text Compulsory 14.4 Postcode Alpha-numerical code Compulsory 14.5 Contact person Text Optional 14.6 Telephone number Text Compulsory 14.7 Fax number Text Compulsory 14.8 e-mail address Text Compulsory 15 Category in which the driver is authorised to drive 15.1 Relevant code(s) Text Compulsory 16 Rolling stock which the driver is authorised to drive 16.1 (list, record to be repeated) Text Compulsory 16.2 For each item the date of next expected check shall be added YYYY-MM-DD Compulsory 17 Infrastructure on which the driver is authorised to drive 17.1 (list, record to be repeated) Text Compulsory 17.2 For each item the date of next expected check shall be added YYYY-MM-DD Compulsory 18 Language skills 18.1 (list, record to be repeated) Text Compulsory 18.2 For each item the date of next expected check shall be added YYYY-MM-DD Compulsory 19 Additional information 19.1 (list, record to be repeated) Text Compulsory 20 Additional restrictions 20.1 (list, record to be repeated) Text Compulsory Section 3: Historical records on the status of the complementary certificate 21 Date of first issue 21.1 Date of first issue of the certificate YYYY-MM-DD Optional 22 Update(s) (Several records are possible) 22.1 Date of update YYYY-MM-DD Compulsory 22.2 Details of and reason for update (correction of one or more data displayed on the complementary certificate, e.g. personal address of the driver) Text Compulsory 23 Amendment(s) (Several records are possible) 23.1 Date of amendment YYYY-MM-DD Compulsory Reason for amendments, referring to specific parts of the certificate: — amendments in field 3 ‘Categories of driving’ — amendments in field 4 ‘Additional Information’ — amendments in field 5: new linguistics knowledge acquired or knowledge periodically checked — amendments in field 6 ‘Restrictions’ — amendments in column 7: new rolling stock knowledge acquired or knowledge periodically checked — amendments in column 8: new infrastructure knowledge acquired or knowledge periodically checked Text Compulsory 24 Suspension(s) (Several records are possible) 24.1 Length of period of suspension From (date) to (date) Compulsory 24.2 Reason for suspension Text Compulsory 25 Withdrawal(s) (Several records are possible) 25.1 Date of withdrawal YYYY-MM-DD Compulsory 25.2 Reason for withdrawal Text Compulsory 26 Certificate reported lost 26.1 Date of communication YYYY-MM-DD Compulsory 26.2 If yes, date of issued duplicate YYYY-MM-DD Compulsory 27 Certificate reported stolen 27.1 Date of communication YYYY-MM-DD Compulsory 27.2 Date of any duplicate issued YYYY-MM-DD Compulsory 28 Certificate reported destroyed 28.1 Date of communication YYYY-MM-DD Compulsory 28.2 Date of any duplicate issued YYYY-MM-DD Compulsory Section 4: Historical records in connection with the basic requirements for issuing a complementary certificate and the results of periodic checks 29 Linguistic competence 29.1 Basic requirement Working language(s) for which a statement that the criteria set out in Annex VI(8) of Directive 2007/59/EC had been fulfilled was issued Text Compulsory 29.2 Periodic check Date of certified knowledge (exam passed) for each language. Several records are possible. YYYY-MM-DD Compulsory 30 Rolling stock knowledge 30.1 Basic requirement Rolling stock for which a statement that the criteria set out in Annex V of Directive 2007/59/EC had been fulfilled was issued Text Compulsory 30.2 Periodic check Date of periodic check (certified knowledge) Several records are possible. YYYY-MM-DD Compulsory 31 Infrastructure knowledge 31.1 Basic requirement Infrastructure for which a statement that the criteria set out in Annex VI of Directive 2007/59/EC had been fulfilled was issued Text Compulsory 31.2 Periodic check Date of periodic check (certified knowledge). Several records are possible. YYYY-MM-DD Compulsory 4. Access rights Access to the information contained in the CCR shall be granted to the following interested parties for the following purposes: — to the competent authority of the Member State in accordance with Article 22(2)(b) of Directive 2007/59/EC, — to competent authorities of the Member States in which the railway undertaking or infrastructure manager operates, and where the driver is authorised to drive on at least one line of the network: — for their task of monitoring the development of certification, under Article 19(1)(g) and Article 26 of Directive 2007/59/EC, — for their inspection tasks under Article 19(1)(h) and (2) and Article 29(1) of Directive 2007/59/EC (this task may be carried out by a delegated entity), — to train drivers, for the data concerning them, in accordance with Article 22(3) of Directive 2007/59/EC, — to investigation bodies set up in accordoance with Article 21 of Directive 2004/49/EC, for investigating accidents, in particular as stated in Article 20(e) and (g) of that Directive, Companies shall be free to grant access to other users, subject to personal data protection. 5. Data exchange In accordance with Directive 2007/59/EC, access to relevant data shall be granted: (a) to the competent authorities where the railway undertaking or infrastructure manager is domiciled, in accordance with Article 22(2)(b) of Directive 2007/59/EC, (b) to competent authorities of other Member States, upon request, in accordance with Article 22(2)(c) of Directive 2007/59/EC, (c) to drivers, upon request, in accordance with Article 22(3) of Directive 2007/59/EC. The railway undertaking, infrastructure manager or delegated entity shall provide the data, without delay, in a manner which ensures secure transmission of information and protection of personal data. Railway undertakings and infrastructre manangers may offer login facilities on their websites to all who have access rights, provided they ensure that grounds for requests are checked. 6. Duration of data retention All data in the CCR shall be kept for at least 10 years from the last expiry date referred to on the certificate. If at any time during the 10-year period an investigation involving the driver is started, data relating to the driver must be kept beyond the 10-year period if so required. Any changes in the CCR shall be recorded. 7. Procedure in case of bankruptcy If a railway undertaking or infrastructure manager goes bankrupt, the new company that takes over the operation of the service shall be responsible for the data contained in the register of complementary certificates. The competent authority in the Member State where the railway undertaking or infrastructure manager is established shall be the repository of data contained in the register of complementary certificates if the activity is not taken over by another company.