# EUR-Lex - 52005IP0206 - EN

Important legal notice

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# 52005IP0206

**European Parliament resolution on the proposal for a Council directive on the agreement between the Community of European Railways (CER) and the European Transport Workers' Federation (ETF) on certain aspects of the working conditions of mobile workers assigned to interoperable cross-border services (COM(2005)0032) **

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Official Journal 117 E , 18/05/2006 P. 0233 - 0235 *

P6_TA(2005)0206

Working conditions of mobile workers assigned to interoperable cross-border services

European Parliament resolution on the proposal for a Council directive on the agreement between the Community of European Railways (CER) and the European Transport Workers' Federation (ETF) on certain aspects of the working conditions of mobile workers assigned to interoperable crossborder services (COM(2005)0032)

The European Parliament,

- having regard to the Commission proposal (COM(2005)0032),

- having regard to the Charter of Fundamental Rights of the European Union [1],

- having regard to Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time [2],

- having regard to the agreement concluded between the European Transport Workers' Federation (ETF) and the Community of European Railways (CER) on certain aspects of the working conditions of mobile workers assigned to interoperable cross-border services,

- having regard to the fact that the agreement included a joint request to the Commission for implementation of the agreement by a Council decision on a proposal from the Commission, in accordance with Article 139(2) of the EC Treaty,

- having regard to Rule 78(3) of its Rules of Procedure,

A. whereas Article 31 of the Charter of Fundamental Rights of the European Union provides that all workers have the right to healthy, safe and dignified working conditions, to a limit on their maximum working time and to weekly and daily rest periods and an annual period of paid holidays,

B. whereas, under Article 139(1) of the Treaty, the social partners at Community level have the possibility to enter into a dialogue which, should they so desire, may lead to contractual relations, including agreements,

C. whereas Article 139(2) of the Treaty provides for the possibility of implementing agreements concluded at Community level, at the joint request of the signatory parties, by a Council decision on a proposal from the Commission,

1. Welcomes the fact that, although Article 139(2) of the Treaty does not provide for consultation of the European Parliament on requests made to the Commission by the social partners, the Commission has forwarded its proposal to Parliament and has asked it to communicate its opinion to the Council and the Commission;

2. Supports the agreement concluded by the social partners on certain aspects of the working conditions of mobile workers assigned to interoperable cross-border services; considers that it strikes a good balance between the need to improve working conditions and thus protect the health and safety of mobile workers and the need to promote cross-border rail traffic within the European Union;

3. Agrees that the agreement should be submitted to the Council; calls, therefore, on the Council to adopt the Commission proposal for a Council directive with a view to implementing the agreement as concluded by the social partners;

4. Notes that the rail transport sector comes within the scope of Directive 2003/88/EC; notes that other Community instruments may contain more specific requirements relating to the organisation of working time for certain occupations or occupational activities (Article 14 of Directive 2003/88/EC) and that, moreover, derogations may be made under certain conditions for persons working in railway transport (Article 17 (3)(e) of Directive 2003/88/EC);

5. Notes that the agreement lays down specific provisions for mobile personnel in interoperable crossborder services, e.g. maximum driving times, and establishes the principle of daily and weekly rest periods or working breaks longer than the minimum requirements set out in Directive 2003/88/EC, while providing for greater flexibility than the directive in order to take due account of the constraints of the railways sector; considers, therefore, that the agreement is duly consistent with the directive;

6. Welcomes the fact that the agreement as concluded by the social partners and the Commission proposal for a Council directive provide only for minimum requirements, leaving the Member States and/or the social partners free to maintain or introduce more favourable provisions for workers in the area of rail transport;

7. Underlines the vital role of the social partners in improving health and safety conditions for workers; fully supports the appropriate involvement of the social partners in social dialogue negotiations and their conclusion of agreements on working conditions;

8. Recommends the adoption of the proposal;

9. Instructs its President to forward this resolution to the Council, the Commission and the social partners concerned.

[1] OJ C 364, 18.12.2000, p. 1.

[2] OJ L 299, 18.11.2003, p. 9.

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