Opinion of the Economic and Social Committee on the "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: 2000-10-19
Institutions: Provisional data
Subjects: arrangement of working time, civil aviation, organisation of work, professional association, transport safety, working time

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Official Journal of the European Communities

C 14/119

9. Conclusion

9.1

The Committee

— generally supports the Commission’s Communication
as a significant step towards the determination of an
appropriate audiovisual policy in the digital age;

— is looking forward to see and evaluate the results of the

studies and other actions proposed by the Commission;

— considers the need for consistency between EC cultural,
audiovisual and competition policy must be reflected in
guidelines which safeguard cultural diversity by allowing
the different national systems to provide proper encour-
agement for production potential in the Member States;

— recognises that the audiovisual sector, as well as being
one of the main sources of job creation, is set to continue
playing a crucial function in terms of democracy, freedom
of opinion and pluralism, together with the protection
and promotion of cultural diversity in Europe;

— believes that public broadcasting services must continue
to take advantage of technological progress in the per-
formance of
in order to guarantee
democracy, pluralism, social cohesion and cultural and
linguistic diversity.

their functions,

Brussels, 19 October 2000.

The President

of the Economic and Social Committee

Göke FRERICHS

Opinion of the Economic and Social Committee on the ‘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)’

(2001/C 14/23)

On 19 October 2000, the Economic and Social Committee decided to draw up an opinion, in accordance
with Rule 23(3) of its Rules of Procedure, on the above-mentioned proposal.

The Committee’s work on the subject was prepared by the Section for Transport, Energy, Infrastructure
and the Information Society. In accordance with Rules 20 and 50 of the Rules of Procedure, Mr Konz
was appointed rapporteur-general.

At its 376th plenary session of 19 October 2000 the Economic and Social Committee adopted the
following opinion by 81 votes to one with one abstention.

1.

Introduction

the Commission in accordance with Article 139(2) of the
Treaty.

1.1.
On 22 March 2000 the social partners in the civil
aviation sector concluded a European Agreement on the
organisation of working time of ‘mobile’ staff, in other words
airline pilots and flight engineers as well as cabin crew.

1.3.
On both the employers’ and the trade union side, the
five organisations (1) which are signatories to the Agreement
are recognised as:

They then forwarded this European Agreement to the
1.2.
Commission, with the specific request that it be implemented
at Community level by a Council decision on a proposal from

(1) AEA (Association of European Airlines)

AICA (International Air Carrier Association)
ERA (European Regions Airline Association)
ECA (European Cockpit Association)
ETF (European Transport Workers’ Federation).

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— being representative at the European level; and

— having the capacity to negotiate agreements at

the

Community level.

— They also have the appropriate structures to enable them
to participate effectively in implementing the social
provisions of the Treaty and agreements signed by them.

1.4.
In addition, they have been members of the Joint
Committee on Civil Aviation since its creation in 1987.
Within this forum they have succeeded in adopting several
comprehensive joint opinions on issues relating to the com-
mon transport policy and its social dimension.

1.5.
After careful examination the Commission concludes
that none of the clauses of the European Agreement infringe
Community law and that therefore the obligations imposed
on Member States do not derive directly from the Agreement
between the social partners mandated to negotiate, but from
the arrangement for applying the agreement under the Direc-
tive, upon its adoption by the Council.

1.6.
The European Agreement in question is therefore only
an annex to the draft directive to be approved by the Council
in order to give the agreement — without modification —
binding effect in the Member States.

2. General comments

2.1.
The ESC is at pains to reiterate once again its fundamen-
tal belief that the social partners have an essential role to play
in supplementing, enhancing and adapting national provisions
on working conditions at the Community level, provided that
regulatory acts include explicit non-regression clauses.

2.2. With regard to this proposal, the ESC is pleased to
note that the European Agreement annexed to the draft
directive under consideration is already the third in a series
of European Agreements signed by the social partners on
30 September 1998 and implemented at the Community level
by Council Directives, the other two being on:

— rail transport by Directive 2000/34/EC of 22 June 2000
amending Directive 93/104/EC (1) of 23 November 1993
to cover the sectors and activities excluded from this
Directive.

The ESC welcomes the fact that ‘mobile’ workers
2.3.
(commonly referred to as ‘mobile staff’) working in this
important transport sector which by its very nature needs to
operate seven days a week and often until late at night (indeed
sometimes the entire night) and to operate in different time
zones will be protected by a negotiated European Agreement
against the harmful health and safety effects resulting from

— excessively long working hours,

— insufficient rest,

— night work, and

— irregular working patterns.

In point 3.5.2 of its opinion (2) of 9 March 1999 on
2.4.
the sectors and activities excluded from Directive 93/104/EC (1)
concerning certain aspects of the organisation of working
time, the ESC had already urged the Commission and the
social partners concerned to ensure that ‘mobile’ workers in
this burgeoning sector also be covered by the provisions of the
Directive in force since 23 November 1996.

2.5.
In point 3.5.5 of the same opinion the Committee was
at pains to stress the need for Community-level regulations
limiting flying time and ensuring sufficient rest on the basis of
operational safety considerations and adequate protection of
the health and safety of ‘mobile’ staff in the civil aviation
sector. By the same token the ESC was pleased that the social
partners had resumed negotiations within the Joint Committee
on Civil Aviation, encouraging them to reach a negotiated
agreement as soon as possible.

2.6. With the signing of the European Agreement on
22 March 2000, the ESC’s expectations were rewarded, in spite
of the fact that the social partners who are competent to
negotiate and sign European Agreements have not endorsed
the ESC’s refusal in point 3.5.4 of its opinion of 9 March 1999
to accept any extension beyond six months of the reference
period for establishing that the average working time for
each seven-day period, including overtime, does not exceed
48 hours.

— maritime transport by Directive 1999/63/EC of 21 June

1999 and

(1) OJ L 307, 13.12.1998, p. 18; ESC opinion: OJ C 60, 8.3.1991,

p. 26.

(2) OJ C 138, 18.5.1999, p. 33.

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2.7.
According to the social partners, the agreement strikes
a balance between the need to ensure adequate health and
safety protection for staff with regard to working time and the
need for commercial airline companies to have sufficient
operational flexibility.

2.8.
The table presented by the Commission in point 8 of
the Explanatory Memorandum shows that, at the Community
level, the three signatory employers’ organisations (see foot-
note p. 119) account for over 94 % of the mobile staff in
question, while the two trade unions (see footnote p. 119)
represent over 74 % of the workers excluded until now from
the scope of Directive 93/104/EC (see footnote 2 p. 120)
concerning certain aspects of the organisation of working
time.

2.9.
The fact that the ERA (see footnote p. 119), rep-
resenting 59 small- and medium-sized operators, is an equal
party to the European Agreement, proves that the interests of
SMEs have been properly taken into account.

3.

Final comments

The ESC fully supports the Commission, which in
3.1.
Article 3 of the draft directive under consideration obliges

Brussels, 19 October 2000.

Member States to introduce sanctions which are effective,
commensurate with the infringement, and which constitute a
sufficient deterrent.

3.2.
The benefits to the general public and passengers in
particular of a negotiated regulation of working time and rest
for mobile staff in the civil aviation sector are self-evident, as
everyone is well aware that the dangers resulting from the
tiredness caused by excessively long working hours and lack
of adequate rest pose a real threat to the health and safety of
staff. The quality of the service provided to passengers also
suffers as a consequence.

3.3.
Now that the health and safety standards for mobile
staff in civil aviation have been defined, the ESC would like to
see the Commission bring forward as soon as possible
proposals on flight and duty time limitations, as well as rest
requirements (see Clause 8 of
the European Agreement)
so that operational safety is also covered by Community
standards.

By way of conclusion the ESC for its part also wishes
3.4
to state that
the introduction of minimum Community
standards with regard to the working time of mobile staff
in civil aviation represents an important step towards the
realisation of a minimum platform of fundamental rights for
workers.

The President

of the Economic and Social Committee

Göke FRERICHS