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
Date: 2005-02-08
Institutions: European Commission
Subjects: collective agreement, cross-border transport, rail transport, social dialogue (EU), transport staff, working conditions, working time

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 08.02.2005 
COM(2005) 32 final 

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 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

I. SUBJECT OF THE PROPOSAL 

This proposal is intended to give effect to the attached agreement on certain aspects of 
the  working  conditions  of  mobile  workers  assigned  to  interoperable  cross-border 
services concluded on 27 January 2004 between the Community of European Railways 
(CER) and the European Transport Workers’ Federation (ETF). 

In  a  letter  dated  20 December  2002,  the  social  partners  in  the  railways  sector,  the 
Community  of  European  Railways  (CER)  and  the  European  Transport  Workers’ 
Federation  (ETF),  informed  the  Commission  of  their  intention  to  start  negotiations  on 
the working conditions of personnel assigned to cross-border services. 

On 27 January 2004, these two organisations concluded an agreement on certain aspects 
of  the  working  conditions  of  mobile  workers  assigned  to  interoperable  cross-border 
services. They presented the agreement to the European Commission and asked for it to 
be  implemented  by  a  Council  decision  on  a  proposal  from  the  Commission  in 
compliance with Article 139(2) of the Treaty. 

II. LEGAL CONTEXT 

In  matters  of  social  policy,  the  Treaty  confers  a  unique  and  key  role  upon  the  social 
partners at Community level. Article 138(2) provides that any initiative in this area must 
be  subject  to  prior  consultation  of  the  social  partners  on  the  possible  direction  of  the 
action and, subsequently, the content of the envisaged proposal. 

Article  139(1)  of  the  Treaty  goes  further  and  gives  the  social  partners  at  Community 
level the possibility, should they so desire, to enter into a dialogue which may lead to 
contractual relations, including agreements. In this case, the Treaty does not impose any 
requirement for prior consultation. 

These  agreements  are  implemented  either  in  accordance  with  the  procedures  and 
practices  specific  to  the  social  partners  and  Member  States  or,  in  matters  covered  by 
Article  137,  at  the  joint  request  of  the  signatory  parties,  by  a  Council  decision  on  a 
proposal from the Commission (Article 139(2)). 

In  its  Communication  “Adapting  and  promoting  the  social  dialogue  at  Community 
level”1, the Commission emphasised that “before any legislative proposal is presented to 
the  Council,  the  Commission  carries  out  an  assessment  involving  consideration  of  the 
representative  status  of  the  contracting  parties,  their  mandate  and  the  legality  of  each 
clause  in  the  collective  agreement  in  relation  to  Community  law,  and  the  provisions 
regarding small and medium-sized enterprises”. 

8. 

This assessment is carried out below. 

1 

Communication from the Commission — Adapting and promoting the social dialogue at Community level, 
document COM(98) 322 final of 20.5.1998. See also the Communication concerning the application of the 
Protocol  on  Social  Policy  presented  by  the  Commission  to  the  Council  and  the  European  Parliament, 
document COM(93) 600 final of 14.12.1993. 

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9. 

10. 

11. 

12. 

III. ANALYSIS OF THE AGREEMENT 

Representative status and mandate of the parties to the contract 

The signatories to the agreement are the Community of European Railways (CER) and 
the  European  Transport  Workers’  Federation  (ETF).  These  two  organisations  are  the 
members  of  the  Railways Sectoral Dialogue Committee set up in accordance  with the 
Commission  Decision  of  20 May  19982  on  the  establishment  of  Sectoral  Dialogue 
Committees promoting the dialogue between the social partners at European level. 

The information provided by the signatories proves that they belong to a specific sector 
and  that  they  are  organised  at  European  level.  Moreover,  they  are  made  up  of 
organisations  which  themselves  are  acknowledged  as  forming  an  integral  part  of  the 
structures  of  the  Member  States’  social  partners,  have  the  capacity  to  negotiate 
agreements  and  have  representative  status  in  virtually  all  the  Member  States.  Finally, 
they  have  the  structures  required  to  enable  them  to  participate  effectively  in  the 
consultation process. 

The  agreement  signed  by  these  organisations  covers  certain  aspects  of  the  working 
conditions  of  mobile  workers  assigned  to  interoperable  cross-border  services.  The 
signatories  have  forwarded  information  on  their  representative  status  which  indicates 
that  they  are  sufficiently  representative  of  mobile  workers  in  the  railway  sector, 
including  those  engaged  in  interoperable  cross-border  services.  They  are  indisputably 
the  main  organisations  of  the  social  partners  in  the  sector.  The  CER  represents  24 
railways  sector  enterprises  in  22  Member  States  of  the  EU.  Apart  from  Malta  and 
Cyprus, which do not have a railway network, Sweden is the only Member State where 
the CER has no affiliates. In all, its members account for approximately 95% of all jobs 
in the railways sector. On the trade union side, the agreement was signed by the ETF, 
whose railways section represents rail workers in 22 Member States. Apart from Malta 
and  Cyprus,  Estonia  is  the  only  Member  State  where  the  ETF  has  no  affiliates.  It 
represents the vast majority of workers belonging to a trade union in the sector. 

It  should  be  noted  that,  following  the  adjustment  of  the  Community  legislative 
framework  in  the  railways  sector,  new  organisations  representing  the  interests  of 
infrastructure managers and railway companies at European level have been set up since 
March  2001.  These  are  the  EIM  (European  Rail  Infrastructure  Managers),  whose 
members do not employ mobile workers within the meaning of the agreement and will 
therefore  not  be  directly  affected  by  its  provisions3,  and  the  ERFA  (European  Rail 
Freight Association/Association Européenne du Fret Ferroviaire), which represents new 
rail  freight  enterprises  and  which,  at  present,  cannot  be  considered  a  social  partner  as 
defined  by  the  criteria  of  the  Commission  Decision  of  20 May  1998,  especially  that 
relating to the capacity for negotiating agreements.  

13. 

On  the  trade  union  side,  there  is  another  European  association  made  up  of  various 
independent  trade  unions  for  train  drivers.  This  organisation,  the  ALE  (Autonome 
Lokomotivführer-Gewerkschaften Europas – Independent Train Drivers’ Trade Unions 

2 

3 

Commission Decision 98/500/EC of 20 May 1998 on the establishment of Sectoral Dialogue Committees 
promoting the dialogue between the social partners at European level, OJ L 225, 12.8.1998, page 27. 
This was confirmed by the EIM at a meeting organised with the Commission. 

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of Europe), founded in 1989, is affiliated to the European Confederation of Independent 
Trade Unions (CESI). The ALE is highly specific and is confined solely to train drivers. 
It  is  not  recognised  as  a  partner  by  the  European  employers  and  therefore  does  not 
participate  in  the  social  dialogue.  Had  the  ALE  been  present  at  the  negotiations  this 
would  not,  moreover,  have  affected  the  representative  status  of  the  signatories.  The 
occupational category of train drivers is already covered by the ETF, which also covers 
the other mobile workers (see the tables below). 

EU25 

Average 
numbers of 
workers 

Train drivers 

As a % of 
the total 
workforce 
in the 
sector 

Train drivers 
assigned to 
interoperable 
cross-border 
services 

Other mobile 
workers 

Other mobile 
workers assigned 
to interoperable 
cross-border 
services 

Employers 

Total for the sector 

1 046 400 (1) 

100 

133 021 (4) 

79 125 (5) 

CER 

991 700 (1) 

94.7 (1) 

1 083 524 (2) 

125 971 (2) 

13 261 (2) 

74 931 (2) 

11 105 (2) 

25 000 (3) 

2 280 (6) 

298 (6) 

- 

Other European 
organisations 
representing railway 
companies 

EU25 

Affiliates 

As a % of the known 
number of workers who 
are members of a trade 
union organisation 

Affiliated train drivers 

Other affiliated mobile 
workers 

Workers 

Total for the sector  

889 440 (7) 

ETF 

European 

Other 
organisations 
representing workers in 
the railways sector 

711 552 (8) 

752 078 (9) 

73 080 (10) 

100 

80 (8) 

72 380 (9) 

73 599 (9) 

73 080 (10) 

Sources: 
(1) 

(2) 

International  Railways  Union  (IRU),  Railways  statistics  —  summary  —  provisional  figures  for  2002 
(figures incomplete for the United Kingdom). 
Figures communicated by the CER for the year 2004. 

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(3) 

(4) 

(5) 

(6) 
(7) 

(8) 

(9) 
(10) 

14. 

15. 

16. 

17. 

18. 

4 

European Commission, Directorate-General Energy and Transport, European Union Energy & Transport 
in Figures 2003. These figures for 2001 and for the EU of 15 Member States do not refer to a European 
organisation but to the total workforce of enterprises not affiliated to the CER). 
An estimate which is calculated on the assumption that the CER represents 94.7% of drivers. According 
to this calculation, the total number of drivers accounts for 12.67% of all jobs in the sector. 
An  estimate  which  is  calculated  on  the  assumption  that  the  CER  represents  94.7%  of  other  mobile 
workers. According to this calculation the total number of other mobile workers accounts for 7.65% of all 
jobs in the sector. 
Figure communicated by the ERFA for the year 2004. 
Estimate based on a trade union affiliation density of 85% based on the figures from the IRU (see 1). The 
study  published  by  the  EIRO  (European  Industrial  Relations  Observatory)  in  March  2000  on  industrial 
relations  in  the  railways  sector  confirms  a  density  of  90%  or  higher  in  nine  of  the  15  Member  States 
(http://www.eiro.eurofound.ie/2000/03/study/tn0003402s.html). The trade union affiliation density in the 
sector in the ten new Member States is also estimated to be very high, given the proximity of their railway 
companies to the public sector. 
According  to  the  report  on  “Employers’  and  workers’  organisations  in  the  railways  sector  in  the  EU” 
presented in December 2000 by the Catholic University of Louvain (research conducted for the European 
Commission,  DG  Employment  and  Social  Affairs),  the  ETF  represents  80%  of  the  known  number  of 
workers who are members of a trade union organisation. This figure is also regarded as a realistic basis 
for the EU of 25 Member States. 
Figures forwarded by the ETF for the year 2004 which relate exclusively to active workers. 
Figures forwarded by the ALE (Autonome Lokomotivführer-Gewerkschaften Europas) for the year 2004. 
The ALE is established in only ten Member States. 34 000 drivers represented by the ALE come from a 
single Member State. 

The Commission informed the three organisations of the content of the agreement and 
of its intention to submit it to the Council for a decision. 

The three organisations regretted that they were not present at the negotiating table. 

As the Court of First Instance ruled in its judgment of 17 June 1998 in the UEAPME4 
case,  Community  law  does  not  confer  “on  any  representative  of  management  and 
labour, whatever the interests purportedly represented, a general right to take part in any 
negotiations  entered  into  (…)  The  mere  fact  that  the  applicant  contacted  the 
Commission on several occasions asking to participate in the negotiations between other 
representatives  of  management  and  labour  does  not  affect  that  position,  since  it  is  the 
representatives of management and labour concerned, and not the Commission, which 
have charge of the negotiation stage properly so called”. 

According  to  the  Court,  the  Commission  and  the  Council  are  obliged  to  ascertain 
whether,  having  regard  to  the  content  of  the  agreement  in  question,  the  signatories, 
taken  together,  are  sufficiently  representative  (point  90).  It  should  be  emphasised  that 
the  three  organisations  in  question  are  not,  so  far,  regarded  as  representative  of  the 
sector  and  are  therefore  not  consulted  by  the  Commission  under  Article  138  of  the 
Treaty. 

The two tables above give an overview of employment in the railways sector (railway 
companies) and, as far as possible, an estimate of the mobile workers (train drivers and 
other mobile workers). On the basis of the existing figures, it can be estimated that the 

Judgment of the Court of First Instance (fourth chamber, extended composition) of 17 June 1998 in case T-
135/96,  Union  Européenne  de  l’artisanat  et  petitis  et  moyennes  entreprises  (UEAPME)  v  Council  of  the 
European Union, European Court Reports 1998, page II-02335, point 78. 

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total number of mobile workers in the sector constitutes approximately 20% of the total 
workforce,  i.e.  approximately  210 000  persons,  of  whom  about  12%  are  assigned  to 
interoperable  cross-border  services  (25 000  persons).  As  regards  the  employers,  the 
CER employs almost 95% of the entire workforce. The ETF represents some 80% of the 
workers who are members of trade unions. 

The  total  number  of  train  drivers  in  the  EU  of  25  Member  States  is  estimated  to  be 
around  133 000.  Although  in  the  second  table  the  number  of  drivers  affiliated  to  the 
ETF and ALE is more than this figure when added together, this can be accounted for 
by  double  affiliations  or  by  the  fact  that  trade  unions  often  include  pensioners, 
unemployed  persons  or  other  non-active  persons  amongst  their  members.  The  figures 
for the ETF, by contrast, relate exclusively to active workers. 

The Commission therefore concludes that the ETF represents a large proportion of the 
mobile  workers  assigned  to  interoperable  cross-border  services,  including  over  half  of 
the train drivers. 

The  representative  status  of  the  ETF  is  therefore  indisputable,  given  the  scope  of  the 
agreement concluded by the social partners. 

The  organisation  representing  the  employers  (CER)  represents  the  vast  majority  of 
enterprises in the sector that employ the majority of the workers in question. 

On  the  basis  of  the  information  collected,  the  CER  and  ETF  appear  to  have  had  a 
mandate from their national members to negotiate the agreement on certain aspects of 
the  working  conditions  of  mobile  workers  assigned  to  interoperable  cross-border 
services  and,  moreover,  represent  a  very  large  proportion  of  the  sector  and  satisfy  the 
criterion of representativeness. 

In conclusion, the signatories of the agreement in question have sufficient representative 
status with regard to the railways sector in general and the workers who may be covered 
by the agreement’s provisions. 

Compliance with the provisions on small and medium-sized enterprises 

Under the terms of Article 137(2) of the Treaty, legislation on social matters must avoid 
imposing administrative, financial and legal constraints in a way which would hold back 
the creation and development of small and medium-sized enterprises (SMEs). 

The  agreement  does  not  make  any  distinction  between  workers  of  SMEs  and  others. 
However, the provision of the Treaty mentioned above does not require this. 

As the Court of Justice said in its judgment in Kirsammer-Hack5, this provision of the 
Treaty  indicates  that  these  enterprises  may  be  subject  to  specific  economic  measures. 
Having  said  that,  this  provision  does  not  stop  these  enterprises  from  being  subject  to 
binding measures. 

19. 

20. 

21. 

22. 

23. 

24. 

25. 

26. 

27. 

5 

Judgment of the Court of 30 November 1993, Case C-189/91, Kirsammer-Hack, European Court Reports 
1993, p. I-06185, point 34. 

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28. 

29. 

30. 

The provision is geared more to imposing only such constraints as are strictly necessary 
to achieve the essential objective of any action in this field, i.e. to protect the health and 
safety of workers. 

The  agreement  does  not  introduce  additional  administrative,  financial  or  legal 
constraints as compared to Community law in force, i.e., 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. Railways sector is covered by this Directive. 

The fact that the agreement makes it possible to adapt certains provisions by collective 
bargaining  at  the  level  of  the  company  (a  second  daily  rest  away  from  home  and  the 
compensation  for  the  rest  away  from  home)  shows  that  the  applicable  rules  can  be 
adapted at the level of the enterprise, notably small and medium-sized enterprises. 

31. 

Therefore, the Commission concludes that the agreement complies with the provisions 
on small and medium-sized enterprises. 

32. 

33. 

34. 

The “legality” of the clauses of the agreement 

The Commission has scrutinised all the clauses of the agreement and has not found any 
to  be  contrary  to  Community  law.  The  obligations  imposed  on  the  Member  States  do 
not  arise  directly  from  the  agreement  between  the  social  partners  but  from  the 
arrangements  for  implementing  the  agreement  in  application  of  the  directive.  The 
signatories  provide  that,  for  mobile  workers  assigned  to  interoperable  cross-border 
services,  Directive  2003/88/EC  of  the  European  Parliament  and  the  Council  of 
4 November  2003  concerning  certain  aspects  of  the  organisation  of  working  time  will 
not apply to the aspects for which this agreement contains more specific provisions. The 
following  paragraphs  comprise  the  Commission’s  assessment  of  the  content  of  the 
agreement. 

Assessment of the agreement 

Directive 93/104/EC6 of 23 November 1993 was the first Community instrument laying 
down minimum requirements to encourage improvements in the working environment 
in order to guarantee a higher level of protection of the health and safety of workers. 

Directive  93/104/EC  applied  to  all  sectors  of  activity  except  for  air,  rail,  road,  sea, 
inland waterway and lake transport, sea fishing, other work at sea and the activities of 
doctors  in  training.  Directive  2000/34/EC  of  22  June  2000  amended  the  Directive  of 
23 November  1993  to  cover  the  sectors  and  activities  which  had  been  excluded  up  to 
that time. Directive 2003/88/EC of 4 November 2003 consolidated Directive 93/104/EC 
of  23 November  1993  and  Directive  2000/34/EC  of  22  June  2000  in  the  interests  of 
clarity and legal certainty. Directive 2003/88/EC is henceforth the text in force, having 
repealed the two previous Directives. 

35. 

The rail transport sector is now covered by Directive 2003/88/EC of 4 November 2003. 
It  should  be  noted  that  Article  14  provides  that  other  Community  instruments  may 

6 

Council Directive 93/104/EC 23 November 1993 concerning certain aspects of the organisation of working 
time, OJ L 307 of 13.12.1993, page 18. 

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36. 

37. 

38. 

39. 

40. 

41. 

42. 

provide for more specific requirements as  regards the organisation of working time in 
certain  occupations  or  activities.  Moreover,  Article  17(3)(e)  provides  that  derogations 
can be made under certain conditions for persons working in the railway transport sector 
from Articles 3, 4, 5, 8 and 16 of the said Directive. 

National  legislation  may  also  provide  for  specific  working  conditions  for  workers 
working  on  trains.  The  only  way  to  prevent  differing  national  measures  applicable  to 
cross-border  services  from  being  adopted  is  for  Community  action  to  lay  down  the 
coordinated and standardised working conditions which the foreseeable development in 
cross-border rail traffic has made all the more necessary. 

This  is  the  background  against  which  the  agreement  covering  certain  aspects  of  the 
working  conditions  of  mobile  workers  assigned  to  interoperable  cross-border  services 
has been concluded between the CER and the ETF. 

The  Commission  has  already  given  its  support  to  the  negotiations  between  the  social 
partners  in  this  field.  During  the  Transport  Council’s  deliberations  on  the  “second 
railways package” on 28 March 2003, the Commission declared that it “fully supports 
and encourages the work in progress in the framework of the European Social Dialogue 
by  the  social  partners,  in  accordance  with  Article  139  of  the  Treaty,  concerning  the 
harmonisation of driving times and rest periods for train drivers and staff accompanying 
trains7”. 

The Commission welcomes the social partners’ initiative for several reasons. 

First  of  all,  by  establishing  minimum  requirements  with  regard  to  working  time,  the 
agreement applies points 7, 8 and 19 of the Community Charter of Fundamental Social 
Rights of Workers referred to in Article 136 of the Treaty and Article 31 of the Charter 
of Fundamental Rights of the European Union. 

Moreover,  the  agreement  strikes  a  balance  between  the  need  to  ensure  adequate 
protection  of  the  health  and  safety  of  mobile  workers  in  interoperable  cross-border 
services and the need for adequate flexibility in running rail transport enterprises in an 
integrated  European  railway  network  This  agreement  is  entirely  consistent  with  the 
“first  railways  package”  made  up  of  the  directives  adopted  by  the  Council  and  the 
European  Parliament8  which  opened  up  the  international  freight  market  between  2003 
and 2008 and which is going to lead to an increase in cross-border traffic. 

The agreement also complies with all aspects of Directive 2003/88/EC of 4 November 
2003  in  that  it  provides  for  specific  provisions  for  mobile  personnel  in  interoperable 
cross-border  services.  It  should  be  noted  that  with  regard  to  daily  working  hours, 
working breaks and weekly rest periods, it provides for arrangements geared to offering 
greater  protection  of  the  workers  in  question  and  also  greater  flexibility  than  the 
directive in order to cater more closely for the sector’s needs. The agreement establishes 
the  principle  of  rest  periods  or  breaks  longer  than  the  minimum  requirements 
established by the Directive but at the same time provides for flexibility in order to take 
into  account  the  inherent  constraints  of  the  railways  sector.  In  the  same  vein,  the 

7 
8 

See document SEC(2003) 754 final, page 8. 
Directives 2001/12/EC, 2001/13/EC and 2001/14/EC of 26 February 2001, OJ L 75 of 15 March 2001. 

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agreement  introduces  two  definitions  to  adapt  and  clarify  the  provisions  of  Directive 
2003/88/EC to cater for the peculiarities and needs of the sector, namely the concepts of 
driving time and mobile workers assigned to interoperable cross-border services. 

43. 

Finally,  this  agreement  constitutes  a  remarkable  achievement  by  the  sectoral  social 
dialogue at Community level, confirms the key role of the European social partners in 
supplementing, consolidating and adapting national standards on working conditions at 
Community  level  and  illustrates  the  role  that  the  social  partners  are  able  to  play  in 
implementing the strategy of economic and social reforms decided upon in Lisbon and 
underpinned  in  Barcelona  in  March  2002,  as  set  out  in  the  Communication  from  the 
Commission  on  “European  social  dialogue,  a  force  for  innovation  and  change”9.  The 
Commission  is  convinced,  as  it  emphasised  in  its  recent  Communication  “Partnership 
for  change”10,  that  negotiation  is  the  best  way  of  dealing  with  issues  relating  to  work 
organisation and industrial relations at both cross-sectoral and sectoral level. 

44. 

The Commission therefore considers that all the conditions are fulfilled for presenting a 
proposal for this agreement to be implemented by a Council decision. 

IV. THE COMMISSION’S PROPOSAL 

45. 

46. 

47. 

48. 

In its Communication of 14 December 1993, the Commission stated that “implementing 
an  agreement  concluded  at  Community  level  by  means  of  a  Council  decision  on  a 
proposal from the Commission at the joint request of the social partners would give the 
Council no opportunity to amend the agreement. For this reason, the Commission will 
merely  propose,  following  examination  of  the  agreement  between  the  social  partners, 
the  adoption  of  a  decision  on  the  agreement  as  concluded”.  In  this  instance,  the 
instrument proposed is a directive. It therefore contains the standard provisions relating 
to implementing the Directive at national level. 

Moreover,  the  Commission  also  held  that  “the  Council  decision  must  be  limited  to 
making binding the provisions of the agreement concluded between the social partners, 
so the text of the agreement would not form part of the decision, but would be annexed 
thereto”. 

Finally, the Commission announced that “if the Council decides, in accordance with the 
procedures  set  out  in  the  last  subparagraph  of  Article  139(2),  not  to  implement  the 
agreement  as  concluded  by  the  social  partners,  the  Commission  will  withdraw  its 
proposal  for  a  decision  and  will  examine,  in  the  light  of  the  work  done,  whether  a 
legislative instrument in the area in question would be appropriate". 

The Commission did not therefore include the text of the agreement in the proposal but 
simply annexed it. It also reiterates that, if the Council amends the agreement concluded 
between the social partners, it will withdraw its proposal. 

9 
10 

COM(2002) 341 final of 26.6.2002 
Communication from the Commission — Partnership for change in an enlarged Europe — enhancing the 
contribution of European social dialogue, document COM(2004) 557 final of 12.8.2004. 

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49. 

50. 

51. 

Legal basis 

Article 139(2) of the Treaty provides  that “agreements concluded at  Community level 
shall  be  implemented…,  in  matters  covered  by  Article  137,  at  the  joint  request  of  the 
signatory  parties,  by  a  Council  decision  on  a  proposal  from  the  Commission”.  The 
agreement on certain aspects of the working conditions of mobile workers assigned to 
interoperable  cross-border  services  covers  the  conditions  of  health  and  safety  of  the 
workers, an area which is governed by Article 137(1) of the Treaty. This is one of the 
fields  in  which  the  Council  can  decide  by  a  qualified  majority.  Article  139(2)  hence 
constitutes the proper legal basis for the Commission’s proposal. 

This  article  does  not  provide  for  consultation  of  the  European  Parliament  on  requests 
made  to  the  Commission  by  the  social  partners.  However,  the  Commission  has 
forwarded  its  proposal  so  that  it  can,  if  it  so  desires,  communicate  its  opinion  to  the 
Commission and the Council. The same applies to the Economic and Social Committee 
and the Committee of the Regions. 

Type of instrument 

The  term  “decision”  in  Article  139(2)  of  the  Treaty  is  used  in  its  general  meaning  in 
order to enable the legislative instrument to be selected in accordance with Article 249 
of the Treaty. It is up to the Commission to propose to the Council which of the three 
binding  instruments  mentioned  in  the  said  article  (regulation,  directive  or  decision) 
would be the most appropriate. In this instance, given the type and content of the social 
partners’ agreement, it is clear that it is best applied indirectly through provisions to be 
transposed  by  the  Member  States  and/or  the  social  partners  into  the  Member  States’ 
national  law.  The  most  suitable  instrument  is  therefore  a  Council  directive.  The 
Commission  also  considers,  in  compliance  with  the  undertakings  which  have  been 
given, that the agreement should not be incorporated in but annexed to the proposal. 

52. 

The  Commission  would  like  to  make  the  following  comments  on  the  articles  of  the 
proposal. 

Article 1 

This  article  is  confined  to  making  the  agreement  between  the  social  partners  binding, 
which is the aim of a Council decision adopted under Article 139(2) of the Treaty. 

Article 2 

Article 2 states that the directive provides only for minimum requirements, leaving the 
Member States free to adopt measures which are more favourable to workers in the area 
concerned. 

Article 3 

This  Article  states,  in  the  context  of  the  evolution  of  the  railways  sector,  that  the 
Commission  will  report  to  the  Council  and  the  European  Parliament  on  the 
implementation of the Directive, three years afer the deadline for implementation of the 
Directives  in  Member  States'  legal  order.  This  report  is  separate  in  relation  to  the 

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monitoring and to the evaluation foreseen by the signatories to the agreement. It will be 
established after consultation with the social partners at Community level. 

Article 4 

Article  4  obliges  the  Member  States  to  provide  for  penalties  which  are  effective, 
proportionate and dissuasive. Within the framework for applying Community law, it is 
important, as in every legal system, that all those on whom the law imposes obligations 
are dissuaded from infringing Community law and that those who do not comply with it 
are duly punished. 

Article 5 to 7 

Articles  5  to  7  contain  the  usual  provisions  on  transposal  into  the  Member  States’ 
national law. 

V. JUSTIFICATION OF THE DIRECTIVE WITH REGARD TO SUBSIDIARITY 

53. 

54. 

55. 

56. 

57. 

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 complies with both aspects of the principle of subsidiarity, namely 
necessity and proportionality, set out in Article 5 of the Treaty. 

The need for Community action is justified not only by the fact that the social partners, 
in accordance with Article 139(1), are convinced of the need for Community action in 
this  matter,  have  successfully  concluded  an  agreement  at  Community  level  and  have 
asked for this agreement to be implemented by a Council decision on a proposal from 
the Commission pursuant to Article 139(2) of the Treaty, but also by the need to put the 
railways sector on a European footing. 

The  proposal  for  a  directive  also  supplements  the  Member  States’  legislation  by 
establishing  a  flexible  Community  framework  with  a  view  to  improving  the  working 
conditions  of  mobile  workers  assigned  to  interoperable  cross-border  services  and  to 
promoting  cross-border  rail  traffic.  Such  a  framework,  which  provides  clarity  and 
transparency  for  the  enterprises  in  the  sector,  is  conducive  to  fair  competition  in  the 
internal market. 

Finally,  because  of  its  nature  and  its  transnational  scope,  the  action  envisaged  can  be 
taken only at Community level. 

The  Council  directive  fulfils  the  requirement  for  proportionality  in  as  much  as  it  is 
confined  to  setting  the  aims  to  be  achieved.  The  directive  on  the  agreement  aims  to 
establish  more  specific  provisions  on  the  organisation  of  working  time  for  personnel 
assigned  to  cross-border  services  in  order  to  cater  more  effectively  for  the  workers’ 
need for safety and the enterprises’ need for flexibility. 

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VI. CONCLUSION 

58. 

The  Council  is  asked  to  adopt  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  for  mobile 
workers assigned to interoperable cross-border services. 

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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 

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 Commission11, 

Whereas: 

(1) 

(2) 

(3) 

This instrument complies with the fundamental rights and principles set out in the Charter 
of Fundamental Rights of the European Union and is designed to ensure full compliance 
with  Article  31  of  the  Charter  of  Fundamental  Rights  of  the  European  Union  which 
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. 

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

The  Council  adopted  Directive  93/104/EC12  on  certain  aspects  of  the  organisation  of 
working time. Rail transport was one of the sectors of activity excluded from the scope of 
that directive. The European Parliament and  the Council adopted  Directive 2000/34/EC 
amending  Directive  93/104/EC  in  order  to  cover  the  sectors  and  activities  which  had 
previously been excluded. 

(4) 

The  Council  adopted  Directive  2003/88/EC13  on  certain  aspects  of  the  organisation  of 
working time which consolidated and repealed Directive 93/104/EC. 

11 
12 

13 

OJ C […] […], p. […] 
Council Directive 93/104/EC of 23 November 1993 on certain aspects of the organisation of working time, 
OJ L 307 of 13.12.1993, page 18, amended by Directive 2000/34/EC of the European Parliament and the 
Council of 22 June 2000 amending Council Directive 93/104/EC on certain aspects of the organisation of 
working time to cover sectors and activities excluded from the said directive, OJ L 195 of 1.8.2000, page 
41. 
Directive  2003/88/EC  of  the  European  Parliament  and  of  the  Council  of  4 November  2003  on  certain 
aspects of the organisation of working time, OJ L 299 of 18.11.2003, page 9. 

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(5) 

(6) 

(7) 

(8) 

(9) 

Article 17(3)(e) of Directive 2003/88/EC provides for derogations from Articles 3, 4, 5, 8 
and 16 for persons working in the rail transport sector on board trains. 

The  Community  of  European  Railways  (CER)  and  the  European  Transport  Workers’ 
Federation  (ETF)  informed  the  Commission  of  their  desire  to  enter  into  negotiations  in 
accordance with Article 139(1) of the Treaty. 

Those organisations concluded an agreement on certain aspects of the working conditions 
of mobile workers assigned to interoperable cross-border services on 27 January 2004. 

The agreement included a joint request for the Commission to implement the agreement 
by  a  Council  decision  on  a  proposal  from  the  Commission  in  accordance  with  Article 
139(2) of the Treaty. 

Directive  2003/88/EC  applies  to  mobile  workers  assigned  to  interoperable  cross-border 
services, notwithstanding more specific provisions contained in the present directive and 
in the agreement. 

(10)  For  the  purposes  of  Article  249  of  the  Treaty,  the  appropriate  instrument  for 

implementing this agreement is a directive. 

(11) 

In  the  light  of  completion  of  the  internal  market  in  the  rail  transport  sector  and  the 
competition  in  the  sector,  the  aims  of  this  directive,  which  is  intended  to  protect  safety 
and health, cannot be achieved sufficiently by the Member States and Community action 
is therefore required, in accordance with the principle of subsidiarity enshrined in Article 
5 of the Treaty; this directive does not exceed what is necessary to achieve these aims. 

(12)  The development of the European railways sector involves a close monitoring of the role 
of the current and new actors, in order to ensure harmonious development throughout the 
Community.  The  European  social  dialogue  in  this  field  should  be  able  to  reflect  this 
development and to take it into account as far as possible. 

(13)  This directive leaves the Member States free to define those terms of the agreement that it 
does  not  specify  in  accordance  with  national  legislation  and  practice,  as  is  the  case  for 
other  directives  on  social  policy  matters  using  similar  terms,  as  long  as  the  definitions 
used are compatible with the agreement. 

(14)  The  Commission  has  prepared  its  proposal  for  a  directive  in  accordance  with  its 
Communication  of  20 May  1998  entitled  “Adapting  and  promoting  social  dialogue  at 
Community level” taking into account the representative status of the contracting parties 
and  the  legality  of  each  clause  of  the  agreement;  the  signatories  are  sufficiently 
representative  of  the  mobile  railway  workers  assigned  to  interoperable  cross-border 
services run by the railway companies. 

(15)  The  Commission  has  drawn  up  its  proposal  for  a  directive  in  accordance  with  Article 
137(2)  of  the  Treaty  which  provides  that  directives  in  the  social  domain  must  avoid 
“imposing administrative, financial and legal constraints in a way which would hold back 
the creation and development of small and medium-sized enterprises”. 

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(16)  This  directive  and  the  agreement  lay  down  minimum  standards;  the  Member  States 
and/or  the  social  partners  should  be  able  to  maintain  or  introduce  more  favourable 
provisions. 

(17)  The  Commission  has  informed  the  European  Parliament,  the  European  Economic  and 
Social  Committee  and  the  Committee  of  the  Regions  by  sending  them  the  text  of  the 
proposal for a directive on the agreement. 

(18)  The European Parliament adopted a resolution on the agreement of the social partners on 

–. 

(19) 

Implementing the agreement will contribute to achieving the aims set out in Article 136 
of the Treaty. 

HAS ADOPTED THIS DIRECTIVE: 

Article 1 

This  directive  is  intended  to  implement  the  agreement  concluded  on  27 January  2004  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. 

The text of the agreement is annexed hereto. 

The Member States may maintain or introduce more favourable provisions than those laid down 
by this directive. 

Article 2 

Article 3 

Without prejudice to the provisions of the agreement in annex on the follow-up and evaluation 
by the signatories, the Commission shall, after consulting management and labour at European 
level, report to the Council and the European Parliament on the implementation of this directive 
in the context of the development of the railways sector, before the expiry of a period of three 
years from the date referred to in Article 5. 

Article 4 

The Member States shall determine what sanctions are applicable when the national provisions 
enacted pursuant to this directive are infringed and shall take all necessary measures to ensure 
that  they  are  implemented.  The  sanctions  must  be  effective,  proportionate  and  dissuasive.  The 
Member States shall notify these provisions to the Commission by the date mentioned in Article 
5 at the latest and any subsequent amendments thereto in good time. 

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Article 5 

The Member States shall, after consultation with the social partners, adopt the laws, regulations 
and administrative provisions necessary to comply with this directive by […] at the latest or shall 
ensure that the social partners have adopted the necessary provisions by means of an agreement 
by  this  date  at  the  latest.  They  shall  immediately  forward  to  the  Commission  the  text  of  the 
provisions and a table showing how they compare with this directive. 

The Member States shall take all the necessary measures to enable them to be able to guarantee 
at  any  time  the  outcome  required  by  this  directive  and  shall  inform  the  Commission  thereof 
immediately. 

When the Member States adopt these provisions they shall contain a reference to this directive or 
shall be accompanied by such a reference when they are published officially. The arrangements 
for making this reference shall be adopted by the Member States. 

This directive shall enter into force on the date of its publication in the Official Journal of the 
European Union. 

Article 6 

Article 7 

This directive is addressed to the Member States. 

Done at Brussels,  

For the Council 
The President 

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Agreement concluded by 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  future  of  rail  transport,  which  requires  the  modernisation  of  the  system  and  the 

development of trans-European traffic and thus interoperable services; 

•  the need to develop safe cross-border traffic and protect the health and safety of the mobile 

workers assigned to interoperable cross-border services; 

•  the importance of avoiding competition based solely on differences in working conditions; 

•  the importance of improving rail transport within the European Union; 

•  the idea that these aims will be met by creating common rules on minimum standard working 

conditions for mobile workers assigned to interoperable cross-border services; 

•  the conviction that the number of such workers will increase over the coming years; 

•  the Treaty establishing the European Community, and in particular Articles 138 and 139 (2) 

thereof; 

•  Directive 93/104/EC (amended by Directive 2000/34/EC), and in particular Articles 14 and 17 

thereof; 

•  the Convention on the law applicable to contractual obligations (Rome, 19 June 1980); 

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

•  the fact that the signatories hereby make such a request, 

THE SIGNATORIES HAVE AGREED AS FOLLOWS: 

Clause 1 

Scope 

This  agreement  shall  apply  to  mobile  railway  workers  assigned  to  interoperable  cross-border 
services carried out by railway undertakings. 

The  application  of  this  agreement  is  optional  for  local  and  regional  cross-border  passenger 
traffic, cross-border freight traffic travelling less than 15 kilometres beyond the border, and for 
traffic between the official border stations listed in the Annex. 

It is also optional for trains on cross-border routes which both start and stop on the infrastructure 
of the same Member State and use the infrastructure of another Member State without stopping 
there (and which can therefore be considered national transport operations). 

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As regards mobile workers assigned to interoperable cross-border services, Directive 93/104/EC 
shall not apply to those aspects for which this agreement contains more specific provisions. 

Clause 2 

Definitions 

For the purposes of this agreement, the following definitions apply:  

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

“interoperable cross-border services”: cross-border services for which at least two safety 
certificates  as  stipulated  by  Directive  2001/14/EC  are  required  from  the  railway 
undertakings;  

"mobile  worker  assigned to interoperable cross-border  services”:  any worker who is a 
member  of  a  train  crew  assigned  to  interoperable  cross-border  services  for  more  than 
one hour on a daily shift basis; 

"working  time  ":  any  period  during  which  the  worker  is  at  work,  at  the  employer's 
disposal and carrying out his or her activities or duties, in accordance with national laws 
and/or practice; 

"rest period": any period which is not working time;  

"night time": any period of not less than 7 hours, as defined by national law, and which 
must include in any case the period between midnight and 5 a.m.; 

"night shift": any shift of at least 3 hours’ work during the night time; 

"rest  away  from  home":  daily  rest  which  cannot  be  taken  at  the  normal  place  of 
residence of the mobile worker; 

"driver": any worker in charge of operating a traction unit; 

"driving time": the duration of the scheduled activity where the driver is in charge of the 
traction unit, excluding the scheduled time to prepare or shut down that traction unit, but 
including any scheduled interruptions when the driver remains in charge of the traction 
unit. 

Clause 3 

Daily rest at home 

Daily rest at home must be a minimum of 12 consecutive hours per 24-hour period.  

However, it may be reduced to a minimum of 9 hours once every 7-day period. In that case, the 
hours corresponding to the difference between the reduced rest and 12 hours will be added to the 
next daily rest at home.  

A  significantly  reduced  daily  rest  shall  not  be  scheduled  between  two  daily  rests  away  from 
home. 

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Clause 4 

Daily rest away from home 

The minimum daily rest away from home shall be 8 consecutive hours per 24-hour period.  

A daily rest away from home has to be followed by a daily rest at home14. 

It  is  recommended  that  attention  should  be  paid  to  the  level  of  comfort  of  the  accommodation 
offered to staff resting away from home. 

Clause 5 

Breaks 

a) Drivers 

If  the  working  time  of  a  driver  is  longer  than  8  hours,  a  break  of  at  least  45  minutes  shall  be 
taken during the working day. 

or 

When the working time is between 6 and 8 hours, this break shall be at least 30 minutes long and 
shall be taken during the working day.  

The  time  of  day  and  the  duration  of  the  break  shall  be  sufficient  to  ensure  an  effective 
recuperation of the worker. 

Breaks may be adapted during the working day in the event of train delays. 

A part of the break should be given between the third and the sixth working hour. 

Clause 5 a) shall not apply if there is a second driver. In that case, the conditions for granting the 
breaks shall be regulated at national level. 

b) Other on-board staff 

For  other  on-board  staff,  a  break  of  at  least  30  minutes  shall  be  taken  if  the  working  time  is 
longer than 6 hours. 

14 

The parties agree that negotiations on a second consecutive rest away from home as well as compensation 
for  rest  away from  home  could  take place between  the social  partners  at railway  undertaking or national 
level as appropriate. At European level, the question of the number of consecutive rests away from home as 
well  as  compensation  for  the  rest  away  from  home  will  be  renegotiated  two  years  after  signature  of  this 
agreement. 

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Clause 6 

Weekly rest period 

Any  mobile  worker  assigned  to  interoperable  cross-border  services  is  entitled,  per  each  seven-
day period, to a minimum uninterrupted weekly rest period of 24 hours plus the 12 hours' daily 
rest period referred to in clause 3 above.  

Each year, every mobile worker shall have 104 rest periods of 24 hours, including the 24-hour 
periods of the 52 weekly rest periods. 

Including: 

-  12  double  rest  periods  (of  48  hours  plus  a  daily  rest  of  12  hours)  including  Saturday  and 
Sunday; 

and 

- 12 double rest periods (of 48 hours plus a daily rest of 12 hours) without the guarantee that this 
will include a Saturday or Sunday. 

Clause 7 

Driving time 

The driving time, as defined in clause 2, shall not exceed 9 hours for a day shift and 8 hours for a 
night shift between two daily rest periods.  

The maximum driving time over a two-week period is limited to 80 hours. 

Clause 8 

Checks 

A record of daily working hours and rest periods for the mobile workers shall be kept to allow 
monitoring of compliance with the provisions of this agreement. Information on actual working 
hours must be available. This record shall be kept in the undertaking for at least one year. 

Clause 9 

Non-regression clause 

The implementation of this agreement shall not constitute in any case valid grounds for reducing 
the general level of protection afforded to mobile workers assigned to interoperable cross-border 
services. 

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Clause 10 

Follow-up of the agreement 

The  signatories  shall  follow  up  the  implementation  and  application  of  this  agreement  in  the 
framework of the Sectoral Dialogue Committee for the railways sector, established in accordance 
with Commission Decision 98/500/EC. 

Clause 11 

Evaluation 

The  parties  shall  evaluate  the  above  provisions  two  years  after  the  signing  of  the  present 
agreement,  in  the  light  of  their  initial  experience  of  developing  interoperable  cross-border 
services. 

Clause 12 

Review 

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

Brussels, 27 January 2004 

On behalf of the CER 

On behalf of the ETF 

Giancarlo CIMOLI 

Norbert HANSEN 

President 

Chairman of the Railway Section  

Johannes LUDEWIG 

Jean-Louis BRASSEUR 

Executive Director  

Vice-Chairman of the Railway Section  

Francesco FORLENZA 

Chairman of the Group of Human Resources 
Directors 

Jean-Paul PREUMONT 

Social Affairs Adviser 

Doro ZINKE 

General Secretary 

Sabine TRIER 

Political Secretary  

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Annex 

LIST OF THE OFFICIAL BORDER STATIONS LOCATED BEYOND THE 15 KM LIMIT AND FOR WHICH THE 
AGREEMENT IS OPTIONAL 

RZEPIN (PL) 

TUPLICE (PL) 

ZEBRZYDOWICE (PL) 

DOMODOSSOLA(I) 

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FICHE D'ÉVALUATION D'IMPACT 

IMPACT DE LA PROPOSITION SUR LES ENTREPRISES ET, EN PARTICULIER, 
SUR LES PETITES ET MOYENNES ENTREPRISES (PME) 

TITRE DE LA PROPOSITION 

Directive  du  Conseil  concernant  l'accord  entre la  Communauté  européenne  du  rail  (CER)  et  la 
Fédération européenne  des  travailleurs  des  transports (ETF) sur certains aspects des conditions 
d'utilisation des travailleurs mobiles effectuant des services d'interopérabilité transfrontalière. 

NUMÉRO DE RÉFÉRENCE DU DOCUMENT 

LA PROPOSITION 

1. 

Compte  tenu  du  principe  de  subsidiarité,  pourquoi  une  législation  communautaire 
est-elle nécessaire dans ce domaine et quels sont ses principaux objectifs? 

La  nécessité  de  l'action  communautaire  se  justifie  du  fait  que  les  partenaires  sociaux, 
dans  le  cadre  de  la  procédure  prévue  par  l'article  139,  paragraphe  1,  du  traité,  sont 
convenus  de  la  nécessité  d'une  action  communautaire  en  la  matière  et  qu'ils  ont 
demandé  la  mise  en  œuvre  de  leur  accord  conclu  au  niveau  communautaire  par  une 
décision  du  Conseil  sur  proposition  de  la  Commission,  en  vertu  de  l'article  139, 
paragraphe  2,  du  traité.  De  plus,  comme  l'énonce  le  préambule  de  la  Directive 
2003/88/EC  des  normes  spécifiques  prévues  par  d'autres  instruments  communautaires 
en  ce  qui  concerne  par  exemple,  les  périodes  de  repos,  le  temps  de  travail,  le  congé 
annuel et le travail de nuit de certaines catégories de travailleurs doivent prévaloir sur 
les  dispositions  de  cette  Directive.  Enfin  dans  une  affaire  concernant  la  Directive 
93/104/EC, codifiée par la Directive 2003/88/EC, la Cour de Justice a énoncé ce qui suit 
:"Dès  lors  que  le  Conseil  a  constaté  la  nécessité  d'améliorer  le  niveau  existant  de  la 
protection de la sécurité et de la santé des travailleurs et d'harmoniser, dans le progrès, 
les  conditions  existant  dans  ce  domaine,  la  réalisation  d'un  tel  objectif  par  voie  de 
prescriptions minimales suppose nécessairement une action d'envergure communautaire 
qui, du reste, laisse, comme en l'occurrence, dans une large mesure aux États membres 
le soin de prendre les modalités d'application nécessaire15." 

L'IMPACT SUR LES ENTREPRISES 

2. 

Qui sera touché par la proposition? 

La  proposition  touchera  toutes  les  entreprises  ferroviaires  effectuant  des  services  de 
transport transfrontaliers pour lesquels au moins deux certificats de sécurité sont requis 
conformément  à  la  Directive  2001/14/EC  du  Parlement  européen  et  du  Conseil  du  26 

15 

Affaire  C-84/94,  Royaume-Uni  de  Grande  Bretagne  et  d'Irlande  du  Nord  contre  le  Conseil  de  l'Union 
européenne, Recueil de jurisprudence 1996, page I-5755 

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23 

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février  2001.  Tous  les  États  membres,  à  l'exception  de  Chypre  et  de  Malte,  possèdent 
des entreprises de chemins de fer. 

3. 

Quelles  mesures  les  entreprises  devront-elles  prendre  pour  se  conformer  à  la 
proposition? 

Les entreprises devront adapter les horaires de travail de leur personnel mobile circulant 
en service transfrontalier afin que ceux-ci respectent les dispositions de l'accord. 

4. 

Quels effets économiques la proposition est-elle susceptible d'avoir? 

La  proposition  définit  un  cadre  commun  de  normes  minimales  concernant  certains 
aspects  des  conditions  d'utilisation  des  travailleurs  mobiles  effectuant  des  services 
d'interopérabilité transfrontalière. Cependant, la législation des États membres et/ou des 
conventions collectives nationales prévoient souvent un niveau général de protection au 
moins  équivalent  pour  le  personnel  mobile.  Du  point  de  vue  des  entreprises,  la 
proposition  met  en  place  des  conditions  équitables  pour  les  entreprises  du  transport 
ferroviaire  sans  contenir  aucune  disposition  pouvant  être  jugée  restrictive  au  plan  de 
l'accès  au  marché  de  nouveaux  exploitants.  Elle  devrait  favoriser  une  amélioration  de 
l'organisation  du  travail  et  donc  se  traduire  par  des  gains  de  productivité.  Enfin,  cette 
proposition fruit d'une démarche négociée au niveau communautaire, devrait renforcer 
la cohésion du secteur notamment en termes de relations sociales. 

5. 

La proposition contient-elle des mesures visant à tenir compte de la situation spécifique 
des petites et moyennes entreprises (exigences réduites ou différentes, etc.)? 

L'accord  et  la  proposition  de  Directive  n'établissent  aucune  distinction  entre  les 
travailleurs des petites ou moyennes entreprises et les autres travailleurs. Cependant, les 
normes  minimales  en  matière  de  santé  et  de  sécurité  des  travailleurs  ne  devraient  pas 
être subordonnés à la taille de l'entreprise. 

Il  est  à  noter  que  la  clause  4  de  l'accord  prévoit  que  des  adaptations  concernant  un 
second  repos  hors  résidence  ou  la  compensation  des  repos  hors  résidence,  peuvent 
intervenir à l'issue de négociations ouvertes directement au niveau de l'entreprise ce qui 
permet  un  ajustement  des  règles  applicables  au  plus  près  encore  de  l'entreprise 
directement concernée. 

CONSULTATION 

6. 

Liste des organisations qui ont été consultées sur la proposition, et exposé des éléments 
essentiels de leur position 

Non applicable, vu qu'il s'agit d'un accord conclu à l'initiative des partenaires sociaux au 
niveau communautaire. 

EN 

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   EN