S.I. No. 390/2016 - European Union (Train Drivers Certification) Regulations 2010 (Amendment) Regulations 2016.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 22nd July, 2016.

I, SHANE ROSS, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Directive (EU) 2016/882 of 1 June 20161 , hereby make the following regulations:

1. These Regulations may be cited as the European Union (Train Drivers Certification) Regulations 2010 (Amendment) Regulations 2016.

2. The European Communities (Train Drivers Certification) Regulations 2010 ( S.I. No. 399 of 2010 ) are amended—

(a) in Regulation 2, by the substitution for the definition of “Directive” of the following:

“ ‘Directive’ means Directive 2007/59/EC of the European Parliament and of the Council of 23 October 20072 as amended by Commission Directive 2014/82/EU of 24 June 20143 and Commission Directive (EU) 2016/882 of 1 June 20161;”,

and

(b) by the substitution for Regulation 23 (inserted by the European Union (Train Drivers Certification) Regulations 2010 (Amendment) Regulations 2015 ( S.I. No. 260 of 2015 )) of the following:

“Transitional

23. A train driver who has obtained a licence under these Regulations or from another Member State in accordance with the Directive before 1 July 2016 shall be considered to comply with the requirements of these Regulations and the Directive.”.

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GIVEN under my Official Seal,

20 July 2016.

SHANE ROSS,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

Directive 2007/59/EC which provides for the certification of train drivers operating locomotives and trains on the railway system in the European Union was transposed into Irish law by the European Communities (Train Drivers Certification) Regulations 2010 ( SI No. 399 of 2010 ).

The purpose of these Regulations is to transpose Commission Directive (EU) 2016/882 of 1 June 2016 which amends Directive 2007/59/EC by substituting a new point 8 (Language Tests) in Annex VI in relation to language skills of train drivers in cross border operations. A transitional provision applies to provide that licences obtained prior to 1 July 2016 are deemed to comply with the Directive.

1 OJ No. L 146 3.6.2016, p.22

2 OJ No. L 315,3.12.2007, p.51

3 OJ No. L 184,25.06.2014, p.11