WRITTEN QUESTION E-3393/98

by Jyrki Otila (PPE) to the Commission

(17 November 1998)

Subject: Working time provisions in the EU road transport sectors

At the beginning of October the Commission published an official communication stating that it would shortly be preparing a proposal for a directive concerning the travelling workforce in the road transport sectors. According to the Commission the proposal for a directive will contain working time provisions for drivers who are employees, drivers with fleets in the private transport sector and owner-drivers (i.e. self-employed drivers) in the EU.

The Commission also states that it will base the directive on the results of the tripartite discussions between European organisations, employers' representatives (the International Road Transport Union, IRU) and workers' representatives (the Transport Unions' Federation, FST).

What kind of plans does the Commission have in connection with this proposal for a directive? Does it intend to take account of the fact that self-employed persons' freedom to work for cannot be restricted by legislation designed for those who are in the position of paid employees? The provisions come nowhere near providing for fair competition in this area, but on the contrary constitute a restriction on competition for self-employed drivers.

Answer given by Mr Kinnock on behalf of the Commission

(4 February 1999)

On 18 November 1998 the Commission adopted a package of proposals(1) for those sectors and activities currently excluded from the Working Time Directive 93/104/EC of 23 November 1993(2). For road transport this comprises an extension of the general Working Time Directive to cover non-mobile workers within the road transport sector, with annual leave provisions and night time worker health assessments, adequate rest and maximum annual working time covering all workers and it also includes a proposal for a Directive which will cover all mobile workers performing transport activities, including "own account" as well as self-employed drivers.

The proposal for a road transport Directive takes full account of points on which the negotiations between the European social partners reached convergence.

Both mobile workers and self-employed drivers operate in a highly competitive industry. The proposal therefore includes self-employed drivers whose working conditions can obviously have a direct impact on road safety. Their inclusion also addresses the need to ensure fair competition and prevent fragmentation of the industry. By including the self-employed, the proposal also reflects the approach taken in Council Regulation (EEC) 3820/85 of 20 December 1985 on the harmonization of certain social legislation relating to road transport(3), which applies equally to self-employed drivers and to drivers employed by undertakings performing road transport activities for hire and reward or for own account.

The proposal nevertheless recognises the different circumstances of self-employed drivers and has formulated the definition of working time and the need for record-keeping accordingly.

However, to exclude self-employed drivers from such a sector-specific proposal would create unfair competition.

(1) COM(98) 662 final.

(2) OJ L 307, 13.12.1993.

(3) OJ L 370, 31.12.1985.