Proposal for a Council Directive concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA)
Date: 2000-06-23
Institutions: European Commission
Subjects: agreement (EU), arrangement of working time, civil aviation, labour law, social dialogue

28.11.2000

EN

Official Journal of the European Communities

C 337 E/149

Proposal for a Council Directive concerning the European Agreement on the Organisation of
Working Time of Mobile Workers in Civil Aviation concluded by the Association of European
Airlines (AEA),
the European Cockpit
Association (ECA), the European Regions Airline Association (ERA) and the International Air
Carrier Association (IACA)

the European Transport Workers’ Federation (ETF),

(2000/C 337 E/22)

(Text with EEA relevance)

COM(2000) 382 final (cid:15) 2000/0164(CNS)

(Submitted by the Commission on 23 June 2000)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 139(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Whereas:

(1) Management and labour (the social partners) may,

in
the Treaty, request
accordance with Article 139(2) of
jointly that agreements at Community level be implemented
by a Council decision on a proposal from the Commission.

(2) The Council adopted Directive 93/104/EC on certain

aspects of the organization of working time.

(3) Civil Aviation was one of

the sectors and activities

excluded from the scope of that Directive.

(4) The Commission, in accordance with Article 138(2) of the
Treaty, has consulted management and labour on the
possible direction of Community action with regard to the
sectors and activities excluded from Directive 93/104/EC.

(5) The Commission, considering after such consultation that
Community action was desirable, once again consulted
management and labour at Community level on the
substance of the envisaged proposal in accordance with
Article 138(3) of the Treaty.

Federation (ETF),

(6) The Association of European Airlines (AEA), the European
the European
Transport Workers’
Cockpit Association (ECA), the European Regions Airline
Association (ERA) and the International Air Carrier
Association (IACA) have informed the Commission of
their desire to enter
into negotiations in accordance
with Article 138(4) of the Treaty.

(7) The said organisations concluded, on 22 March 2000, a
European Agreement on the Organisation of Working
Time of Mobile Staff in Civil Aviation.

(8) This Agreement

contains

to the
Commission to implement the Agreement by a Council
decision on a proposal
in
accordance with Article 139(2) of the Treaty.

from the Commission,

request

joint

a

(9) The Council,

in its Decision of 13 March 2000 on
guidelines for Member States’ employment policies for
the year 2000 invited the social partners at all appropriate
levels to negotiate agreements to modernise the organi-
sation of work, including flexible working arrangements,
with the aim of making undertakings productive and
competitive and achieving the required balance between
flexibility and security.

(10) This Directive and the annexed Agreement lay down more
specific requirements within the meaning of Article 14 of
Council Directive 93/104/EC as regards the organisation
of working time of mobile staff in civil aviation.

(11) The proper instrument for implementing the Agreement
is a Directive within the meaning of Article 249 of the
Treaty which binds the Member States as to the result to
be achieved, whilst leaving them the choice of form and
methods.

(12) In view of the highly integrated nature of the aviation
sector and the conditions of competition prevailing in it,
the objectives of this Directive to protect workers’ health
and safety cannot be sufficiently achieved by the Member
States and Community action is therefore required. This
Directive does not go beyond what is necessary for the
attainment of those objectives.

specifically defined therein,

(13) With regard to terms used in the Agreement which are
not
this Directive leaves
Member States free to define those terms in accordance
with national
law and practice, as is the case for other
social policy Directives using similar terms, providing that
the said definitions are compatible with the Agreement.

(14) The Commission has drafted its proposal for a Directive,
in accordance with its communication of 20 May 1998
on adapting and promoting the social dialogue at
Community level, taking into account the representative
status of the signatory parties and the legality of each
clause of the Agreement.

C 337 E/150

EN

Official Journal of the European Communities

28.11.2000

that Directives

(15) The Commission has drafted its proposal for a Directive
in compliance with Article 137(2) of the Treaty which
provides
in the social policy domain
?shall avoid imposing administrative, financial and legal
in a way which would hold back the
constraints
creation and development of small and medium-sized
undertakings@.

(16) The Directive and the annexed Agreement establish
minimum standards; Member States and/or the social
partners may maintain or
introduce more favourable
provisions.

(17) Implementation of this Directive may not serve to justify
any regression in relation to the situation which already
exists in each Member State.

legislative, regulatory or contractual arrangements to those
prevailing at
this Directive,
provided always that the minimum requirements laid down
in this Directive are adhered to.

the adoption of

the time of

Article 3

the

range of

shall determine

Member States
sanctions
applicable for infringements of national provisions made in
implementation of this Directive and shall take all necessary
steps to ensure that they are enforced. The sanctions must be
effective, commensurate with the infringement, and must
constitute a sufficient deterrent. Member States shall notify
these provisions to the Commission by the date mentioned
in Article 4 at
the latest, and any subsequent amendment
thereto in good time.

(18) The implementation of

the Agreement contributes to
achieving the objectives under Article 136 of the Treaty,

Article 4

HAS ADOPTED THIS DIRECTIVE:

Article 1

The purpose of this Directive is to give legal effect to the
annexed European Agreement on the organisation of working
time of mobile staff in civil aviation concluded on 22 March
2000 between the organisations representing management and
labour in the civil aviation sector, the Association of European
Airlines (AEA), the European Transport Workers’ Federation
(ETF), the European Cockpit Association (ECA), the European
Regions Airline Association (ERA) and the International Air
Carrier Association (IACA).

Article 2

1. Member
introduce more
favourable provisions than those laid down in this Directive.

States may maintain or

The implementation of

2.
this Directive shall under no
justifying a
circumstances constitute sufficient grounds for
reduction in the general level of protection of workers in the
fields covered by this Directive. This shall be without prejudice
to the rights of Member States and/or management and labour
to lay down, in the light of changing circumstances, different

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
Directive by [two years from its adoption], or shall ensure
that, by that date at the latest, management and labour have
introduced the necessary measures by agreement, the Member
States being required to take any necessary measure to enable
them at any time to be in a position to guarantee the results
forthwith inform the
imposed by this Directive. They shall
Commission thereof.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
their official publication.
reference on the occasion of
Member States shall determine how such reference is to be
made.

Article 5

This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

Article 6

This Directive is addressed to the Member States.

28.11.2000

EN

Official Journal of the European Communities

C 337 E/151

ANNEX

European Agreement on the Organisation of Working Time of Mobile Staff In Civil Aviation concluded by the
Association of European Airlines (AEA), the European Transport Workers’ Federation (ETF), the European
Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air
Carrier Association (IACA)

Having regard to the Treaty establishing the European Community and in particular Articles 138 and 139(2) thereof;

Whereas Article 139(2) of the Treaty provides that agreements concluded at European level may be implemented at the
joint request of the signatory parties by a Council decision on a proposal from the Commission;

Whereas the signatory parties hereby make such a request;

Whereas the signatory parties consider that the provisions of this Agreement are ?more specific requirements@, within the
meaning of Article 14 of Council Directive 93/104/EC, and that the provisions of that Directive should not apply;

The signatory parties have agreed the following:

1.

The Agreement applies to the working time of mobile staff in civil aviation.

Clause 1

It lays down more specific requirements within the meaning of Article 14 of Council Directive 93/104/EC relating

2.
to the organisation of working time of mobile staff in civil aviation.

Clause 2

?Working time@ means any period during which the worker is working, at the employer’s disposal and carrying out

1.
his activity or duties, in accordance with national laws and/or practice.

?Mobile staff in civil aviation@ means crew members on board a civil aircraft, employed by an undertaking

2.
established in a Member State.

?Block flying time@ means the time between an aircraft first moving from its parking place for the purpose of

3.
taking off until it comes to rest on the designated parking position and until all engines are stopped.

Clause 3

1. Mobile staff in civil aviation are entitled to paid annual
conditions for entitlement to, and granting of, such leave laid down by national legislation and or/practice.

leave of at least four weeks, in accordance with the

The minimum period of paid annual

2.
employment relationship is terminated.

leave may not be replaced by an allowance in lieu, except where the

Clause 4

1. (a) Mobile staff in civil aviation are entitled to a free health assessment before their assignment and thereafter at

regular intervals;

(b) Mobile staff in civil aviation suffering from health problems recognised as being connected with the fact that they
also work at night will be transferred whenever possible to mobile or non-mobile day work to which they are
suited.

2.

3.

The free health assessment referred to in paragraph 1(a) must comply with medical confidentiality.

The free health assessment referred to in paragraph 1(a) may be conducted within the national health system.

Clause 5

1. Mobile staff in civil aviation will have safety and health protection appropriate to the nature of their work.

Adequate protection and prevention services or facilities with regard to the safety and health of mobile staff in civil

2.
aviation will be available at all times.

C 337 E/152

EN

Official Journal of the European Communities

28.11.2000

Necessary measures will be taken to ensure that an employer, who intends to organise work according to a certain
pattern, takes account of the general principle of adapting work to the worker.

Clause 6

Information concerning specific working patterns of mobile staff in civil aviation should be provided to the competent
authorities, if they so request.

Clause 7

Clause 8

1. Working time should be looked at without prejudice to any future Community legislation on flight and duty time
limitations and rest requirements and in conjunction with national legislation on this subject which should be taken into
consideration in all related matters.

The maximum annual working time, including some elements of standby for duty assignment as determined by

2.
the applicable law, will be 2000 hours in which the block flying time will be limited to 900 hours.

3.

The maximum annual working time should be spread as evenly as practicable throughout the year.

Clause 9

Without prejudice to Clause 3, mobile staff in civil aviation will be given days free of all duty and standby, which are
notified in advance, as follows:

(a) at least 7 local days in each calendar month, which may include any rest periods required by law; and

(b) at least 96 local days in each calendar year, which may include any rest periods required by law.

The parties will review the above provisions two years after the end of the implementation period laid down in the
Council decision putting this Agreement into effect.

Clause 10

Brussels, 22 March 2000.

Association of European Airlines (AEA)

Karl-Heinz Neumeister, Secretary General

Manfred Merz, Vice Chairman of AEA Social Affairs Committee, Chairman of the Negotiating Team

European Transport Workers’ Federation (ETF)

Brenda O’Brien, Assistant General Secretary

Betty Lecouturier, President, Cabin Crew Committee

Bent Gehlsen, Negotiating Group Member, Cabin Crew Committee

European Cockpit Association (ECA)

Captain Francesco Gentile, Chairman

Captain Bill Archer, Vice Chairman

Giancarlo Crivellaro, General Secretary

European Regions Airline Association (ERA)

Mike Ambrose, Director General

The International Air Carrier Association (IACA)

Marc Frisque, Director General

Allan Brown, Director, Aeropolitical and Industry Affairs