Date: 2021-08-16Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Decision (EU) 2021/1358 of 30 June 2021 authorising Slovakia to apply an extension of certain periods specified in Article 11 of Regulation (EU) 2021/267 of the European Parliament and of the Council (notified under document C(2021) 4629) (Only the English text is authentic)
Issued by European Commission
· Directorate-General for Mobility and Transport
Executive Summary:
Commission Decision (EU) 2021/1358 authorises Slovakia to extend certain periods specified in Article 11 of Regulation (EU) 2021/267 due to the persistence of COVID-19. This decision addresses the validity of train driver licenses and the completion of periodic checks. The extensions apply to periods between September 1, 2020, and June 30, 2021, and periods of 10 months as specified in the aforementioned articles. The decision was made on June 30, 2021.
Key Points / Main Content:
* **Extension Authorisation:**
* Slovakia is authorised to extend by four months the periods between September 1, 2020, and June 30, 2021, as specified in Article 11(1) and 11(2) of Regulation (EU) 2021/267.
* Slovakia is authorised to extend by four months the periods of 10 months specified in Article 11(1) and 11(2) of Regulation (EU) 2021/267.
* **Justification for Extension:**
* Slovakia requested the extension due to COVID-19 measures that have made the renewal of train driver licenses and completion of periodic checks impracticable.
* Measures included bans on gatherings, work-from-home orders, and curfews.
* Training facilities faced restrictions, including reduced participant numbers and requirements for negative COVID-19 tests.
* Only one educational facility in Slovakia provides comprehensive training for rail transport professionals, leading to capacity issues.
* A large number of train drivers (at least 993 in the two largest railway undertakings) require periodic training.
* **Risk Mitigation:**
* The extensions apply to experienced train drivers, minimising potential risks to transport safety and security.
* Slovakia estimates that the backlog in completing periodic checks will be eliminated within four months.
Impact Analysis:
Slovak Republic:
* Impact: Granted authorisation to extend deadlines for train driver licenses and checks, allowing continued operation amidst COVID-19 restrictions.
* Action Required: Implement the extensions as authorised, ensuring continued safety and security in rail transport.
Train Drivers in Slovakia:
* Impact: Train drivers benefit from extended validity of their licenses and extended deadlines for periodic checks.
* Action Required: Comply with any revised training schedules or requirements resulting from the extensions.
Slovakian Training Facilities:
* Impact: Training facilities have more time to manage the backlog of training and checks due to COVID-19 disruptions.
* Action Required: Adjust training schedules to accommodate the extensions and ensure all necessary training is completed within the revised timeframes.
European Commission:
* Impact: Has authorised a temporary deviation from standard regulations to address specific challenges faced by Slovakia due to the COVID-19 pandemic.
* Action Required: Monitor the implementation and impact of the decision.
Key Entities Referenced
Slovakia: A Member State of the European Union that requested an extension of certain periods related to train driver licenses and checks due to the COVID-19 pandemic.
Regulation EU 2021/267: A regulation of the European Parliament and of the Council laying down specific and temporary measures in view of the persistence of the COVID-19 crisis concerning the renewal or extension of certain certificates, licences and authorisations.
Treaty on the Functioning of the European Union: The legal foundation of the European Union.
COVID-19: The infectious disease caused by the SARS-CoV-2 virus, which led to measures impacting train driver training and licensing in Slovakia.
Adina-Ioana Vălean: Member of the European Commission
Slovak Republic: The formal name of Slovakia, to which the decision is addressed.
European Union: The political and economic union of European countries.
European Commission: The executive branch of the European Union responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
L 293/8 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 16.8.2021
COMMISSION DECISION (EU) 2021/1358
of 30 June 2021
authorising Slovakia to apply an extension of certain periods specified in Article 11 of Regulation
(EU) 2021/267 of the European Parliament and of the Council
(notified under document C(2021) 4629)
(Only the English text is authentic)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2021/267 of the European Parliament and of the Council of 16 February 2021 laying
down specific and temporary measures in view of the persistence of the COVID-19 crisis concerning the renewal or
extension of certain certificates, licences and authorisations, the postponement of certain periodic checks and periodic
training in certain areas of transport legislation and the extension of certain periods referred to in Regulation (EU)
2020/698(1), and in particular Article 11(4) thereof,
Whereas:
(1) Article 11(1) of Regulation (EU) 2021/267 extends the validity of train drivers’ licences which would otherwise have
expired or would otherwise expire between 1 September 2020and 30 June 2021.
(2) Article 11(2) of Regulation (EU) 2021/267 extends the time limits for the completion, by the holder of a train
driver’s licence, of periodic checks which would otherwise have expired or would otherwise expire between
1 September 2020and 30 June 2021.
(3) By letter dated 7 May 2021, Slovakia submitted a reasoned request for an authorisation to apply extensions of
certain periods specified in Article 11(1) and (2) of Regulation (EU) 2021/267. Slovakia provided additional
information in support of its request in 31 May 2021.
(4) Through its reasoned request, Slovakia seeks an authorisation to apply an extension of four months of the periods
between 1 September 2020and 30 June 2021specified in Article 11(1) and (2) of Regulation (EU) 2021/267, and
an authorisation to apply an extension of four months of the periods of 10 months specified in Article 11(1)
and (2) of Regulation (EU) 2021/267.
(5) According to the information provided by Slovakia, the renewal of train drivers’ licences and the completion of
periodic checks by their holders in that Member State is likely to remain impracticable beyond 30 June 2021due to
measures that it has taken to prevent or contain the spread of COVID-19.
(6) Among the measures taken to contain the spread of COVID-19, the Government of Slovakia has imposed a ban on
gatherings of more than six people, an order to work from home, and a curfew. According to that Member State,
due to these measures, it was not feasible, between January and April 2021, to complete the necessary training to
renew the validity of train drivers’ licences.
(7) Based on the information provided by Slovakia, from 19 Aprilto 15 May 2021, when the pandemic situation began
to improve slowly, periodic trainings were allowed to be organised, although subject to certain restrictions. The
number of participants allowed in each training was significantly reduced, and training facilities required a negative
COVID-19 test when performing checks.
(8) According to Slovakia, since 15 May 2021, measures ordered by the Government were eased, and educational
facilities were subsequently able to resume trainings. However, when carrying out the trainings, a two-meter
distance between the participants is still required. This results in the fact that only a low number of participants may
be present in each training.
(1) OJ L 60, 22.2.2021, p. 1.16.8.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 293/9
(9) Based on the information provided by Slovakia, although the periodic trainings have been resumed, the completion
of overdue training activities are also applicable in that Member State to staff other than train drivers, who are
deemed as equally necessary for the performance and security of rail transport activities. According to Slovakia,
certificates of professional competence for staff other than train drivers have also been further extended on the basis
of national legislation. New trainings need therefore to be organised, not only to train drivers, but also to other
professionals.
(10) According to the information provided by Slovakia, there is only one educational facility in Slovakia providing
periodic training and checks of professionals in the field of rail transport, including train drivers; other two facilities
are only authorised to provide training to train drivers, and on the technical part only. Slovakia estimates that the
number of train drivers who need to be examined is high – at least 993 persons in the two largest railway
undertakings need to carry out a periodic training, being that there are 43 railway companies providing passenger
and freight transport services in Slovakia. This Member State therefore estimates that the existing training facilities
will not have the capacity to deal with this surge of examinations until 30 June 2021.
(11) According to estimations from Slovakia, the backlog in the completion of periodic checks of the holders of train
drivers’ licences should be eliminated within four months.
(12) Based on the information provided by Slovakia, the validity of the train drivers’ licences and related checks concern
only train drivers who have many years of professional experience in driving railway vehicles. The requested
extensions should therefore not lead to disproportionate risks in terms of transport safety and security.
(13) Slovakia should therefore be authorised to apply an extension of four months of the periods between 1 September
2020and 30 June 2021specified in Article 11(1) and (2) of Regulation (EU) 2021/267, and to apply an extension
of four months of the periods of ten months specified in Article 11(1) and (2) of that Regulation.
(14) Slovakia has agreed that this Decision be adopted and notified in English,
HAS ADOPTED THIS DECISION:
Article 1
Slovakia is authorised to apply the following extensions of the periods specified in Article 11(1) and (2) of Regulation (EU)
2021/267:
(a) an extension of four months of the periods between 1 September 2020and 30 June 2021specified in Article 11(1)
and (2) of Regulation (EU) 2021/267; and
(b) an extension of four months of the periods of 10 months specified in Article 11(1) and (2) of that Regulation.
Article 2
This Decision is addressed to the Slovak Republic.
Done at Brussels, 30 June 2021.
For the Commission
Adina-Ioana VĂLEAN
Member of the Commission