Report from the Commission on the operation of the provisions of Directive 2003/88/EC (organisation of working time for workers concerned with the carriage of passengers on regular urban transport services)
Date: 2006-07-07
Institutions: European Commission
Subjects: EC Directive, EU Member State, application of EU law, arrangement of working time, carriage of passengers, drivers, report, urban transport, working time

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 7.7.2006 
COM(2006) 371 final 

REPORT FROM THE COMMISSION 

On the operation of the provisions of Directive 2003/88/EC (organisation of working 
time for workers concerned with the carriage of passengers  
on regular urban transport services) 

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REPORT FROM THE COMMISSION 

On the operation of the provisions of Directive 2003/88/EC (organisation of working 
time for workers concerned with the carriage of passengers  
on regular urban transport services) 

1. 

INTRODUCTION 

1.1. 

Legal context 

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 (afterwards referred to as "the 
Directive")1  2,  lays  down  minimum  safety  and  health  requirements  for  the  organisation  of 
working  time  of  workers3,  covering  periods  of  daily  rest,  breaks,  weekly  rest,  maximum 
weekly  working  time,  annual  leave  and  aspects  of  night  work,  shift  work  and  patterns  of 
work.  

The Directive applies to all sectors of activity, both public and private4, except where  other 
Community  instruments  contain  more  specific  requirements  on  the  organisation  of  working 
time  for  particular  occupations  or  occupational  activities5.  There  are  currently  four  such 
instruments6,  of  which  one  Directive  2002/15/EC  7  is  relevant  to  this  Report.  It  relates  to 
"mobile  workers  employed  by  undertakings  established  in  a  Member  State,  participating  in 
road transport activities covered by Regulation (EEC) No 3820/85". This Regulation applies 
to  carriage  by  road,  but  excludes  "vehicles  used  for  the  carriage  of  passengers  on  regular 
services where the route covered by the service in question does not exceed 50 kilometres"8. 

Therefore, the working time of workers concerned with the carriage of passengers on regular 
urban  transport  services,  as  well  as  of  mobile  staff  where  the  route  does  not  exceed  50 
kilometres is regulated by the Directive. Whenever the route exceeds 50 kilometres, Directive 
2002/15/EC  is  applicable.  Given  the  regulatory  differences,  it  is  important  that  workers  are 
covered by the right or, in any case, by the most protective provisions.  

1 
2 

3 

4 
5 
6 

7 
8 

OJ L 299, 18.11.2003, p. 9 
Directive 2003/88/EC codifies Council Directive 93/104/EC of 23 November 1993 (OJ L 307, 13.12.1993, p. 
18) and Directive 2000/34/EC of the European Parliament  and of the  Council of 22  June  2000 (OJ L 195, 
1.8.2000, p. 41) 
For  workers  covered  by  Directive  2003/88/EC,  a  distinction  can  be  established  between  "mobile 
workers" and other workers. Mobile workers are defined as workers employed as members of travelling 
or  flying  personnel  by  an  undertaking  which  operates  transport  services  for  passengers  or  goods  by 
road, air or inland waterway. According to Article 20.1 of the Directive, Articles 3, 4, 5 and 8 are not 
applicable to them. 
Article 1 paragraph 3 
Article 14 
Council Directive 1999/63/EC of 21 June 1999 (OJ L 167, 2.7.1999, p. 33);  
Council Directive 2000/79/EC of 27 November 2000 (OJ L 302, 1.12.2000, p. 57); 
Directive 2002/15/EC of the European Parliament and the Council of 11 March 2002 (OJ L 80, 23.3.2002, p. 
35); 
Council Directive 2005/47/EC of 18 July 2005 (OJ L 195, 27.7.2005, p. 15). 
OJ L 80, 23.3.2002, p. 35 
Article 4, Regulation (EEC) No 3820/85 

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1.2.  Why the report? 

Article  26  of  the  Directive  lays  down  that  "not  later  than  1  August  2005  the  Commission 
shall,  after  consulting  the  Member  States  and  management  and  labour  at  European  level, 
review the operation of the provisions with regard to workers concerned with the carriage of 
passengers  on  regular  urban  transport  service,  with  a  view  to  presenting,  if  need  be,  the 
appropriate modifications to ensure a coherent and suitable approach in the sector". 

In  order  to  comply  with  this  obligation,  the  Commission  prepared  a  questionnaire  for 
completion by Member States and social partners. This report summarises the replies received 
and presents some conclusions concerning the suitability of the Directive's provisions for the 
urban transport sector.  

2. 

OVERVIEW OF NATIONAL REPORTS 

2.1. 

Austria 

Urban  transport  is  regulated  by  agreements  set  between  city  authorities  and  communal 
transport  companies.  Workers  in  private  bus  and  train  companies  are  covered  by  federal 
collective agreements. At company level, there may also be collective agreements.  

In addition, two legal measures apply to regular urban passenger transport, one for trains and 
trams  and  another  for  road  transport.  The  latter  allows  for  derogations,  in  accordance  with 
both  the  Directive  and  Directive  2002/15/EC,  where  so  provided  by  collective  agreement, 
concerning daily rest, weekly rest and maximum weekly working time provisions.  

Austria extends application of Regulation (EEC) N° 3820/85 to bus drivers in regular urban 
passenger transport. The Austrian authorities interpret "carriage  by road"  (Article 1.1 of  the 
Regulation)  as  covering  all  drivers  on  public  roads,  and  therefore  consider  such  workers  as 
subject to Directive 2002/15/EC (Article 2.1. of the Regulation). 

2.2. 

Belgium  

There  are  companies  providing  both  urban  and  regional  transport,  and  consequently  some 
regular routes exceed the 50 kilometres limit.  

The Directive's provisions are applied in the urban transport sector. There are no regulatory 
differences  between  road  and  rail  transport.  Derogations  are  allowed,  based  on  a  collective 
agreement made compulsory by royal decree ("Arrêté royal"). The average maximum weekly 
working time (including overtime) is 38 hours.  

2.3. 

Cyprus  

Urban transport is provided and operated by the private sector (rail transport non existent). All 
minimum  provisions  are  applied  through  the  legislative  transposition  of  the  Directive.  No 
derogations  exist  with  regard  to  urban  transport  workers.  However,  collective  agreements 
contain  more  favourable  provisions,  and  are  applicable  at  company  level  (there  are  no 
national  or  regional  collective  agreements  in  this  sector).  The  average  maximum  weekly 
working time (including overtime) is 48 hours.  

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2.4. 

Czech Republic 

In Czech Republic, all minimum provisions are applied in the urban transport sector through 
the legislative transposition of the Directive, irrespective of the means of transport used. The 
organisation  of  working  time  is  regulated  by  the  Labour  Code  and  by  a  special  legislation 
applicable to working time in the transport sector (driving periods, rest periods and security 
breaks). Collective agreements are applicable at company level only. 

As regards driving time, lorry or bus crews shall have a daily driving period of maximum 9 
hours (twice a week the driving period may be extended to 10 hours) and total driving periods 
shall not exceed 90 hours during 2 consecutive weeks.  

2.5. 

Denmark  

Urban transport sector is covered by national collective agreements, except for the communal 
bus services of urban Odense and Århus, which fall under local communal conventions. 

Collective  agreements  do  not  apply  obligatorily  to  all  bus  companies  providing  public 
transport  services.  However,  in  practice,  almost  all  the  companies  have  to  comply  with  a 
collective  agreement,  because  the  communal  authorities  generally  specify  compliance  with 
the sectoral national collective agreement as a condition for public transport tenders.  

Certain railways and regular urban transport services activities can be subject to derogations 
from the provisions concerning daily and weekly rest. The average maximum weekly working 
time (not including overtime) cannot exceed 42 hours, or 37 hours on average over a period 
not exceeding 16 weeks. Overtime is usually compensated with periods of rest.  

2.6. 

Estonia  

Urban  public  transport  is  organised  by  municipal  authorities.  There  are  no  statutory 
differences between road and rail transport. The vast majority of the urban road transport 
sector is covered by a national collective agreement, compulsory for all companies operating in 
the road transport sector. The collective agreements in the rail sector are concluded at company 
level.  

Maximum weekly working time is limited to 40 hours. The average maximum weekly working 
time (including overtime) cannot exceed 48 hours within a reference period of 4 months. In 
the transport sector, individual opt-out is used mainly in relation to road transport.  

2.7. 

Finland 

The  Directive  has  been  implemented  by  the  "Working  Hours  Act"  which  allows  collective 
agreements  (compulsory  for  all  companies  in  the  sector)  to  derogate  from  the  Directive's 
provisions. Specific provisions apply to driving time for rail services within the regular urban 
transport sector. According to the Finnish authorities, certain provisions of the Directive are 
less suitable for the rail sector (e.g. the provisions on night workers and security guarantees). 

The  average  maximum  weekly  working  time  (including  overtime)  for  bus  personnel  is  48 
hours within a reference period of 12 months. There are no formal limits to maximum weekly 
working time for train personnel. However, according to the national authorities, in practice 
the average working time (including overtime) does not exceed 48 hours per week.  

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2.8. 

France  

Transposition of the Directive to the urban transport sector has not yet been completed. (Two 
decrees are due for enactment, which will regulate working time in the urban public transport 
sector and in the Régie Autonome des Transports Parisiens – RATP – bus and metro).  

The  Directive's  provisions  which  are  already  transposed  allow  for  derogations,  notably  on 
breaks, daily rest and weekly rest period. Similar provisions apply to road and to rail services 
within this sector. Driving time is not regulated for urban transport.  

Urban transport is covered by inter-professional national collective agreements (applicable at 
national level to all companies of all sectors or of a pre-defined sector), by the national urban 
transport collective agreement (mandatory for all companies of the urban transport sector), by 
collective  agreements  which  complement  the  national  sectoral  agreement  (mandatory  for 
undertakings  which  are  members  of  the  signatory  professional  organisations,  and  voluntary 
for other undertakings) and by agreements at company level.  

RATP  is  not  subject  to  the  national  urban  transport  collective  agreement,  nor  to  its 
complementary  collective  agreements,  but  it  is subject  to  specific  provisions  and  to  internal 
collective agreements. 

2.9. 

Germany  

At national level, workers in the urban public transport sector are subject to general provisions 
regulating working time. Employees of the bus and tram networks are also subject to driving 
staff regulations.  

Collective agreements vary in scope, and can apply to all operators (rail and non-rail) or just 
to  some.  Private  companies  are  subject  to  regional  collective  agreements  (at  Land  level). 
Public  companies  are  covered  by  a  national  collective  agreement.  With  rare  exceptions, 
collective  agreements  do  not  have  any  general  binding  effect  (they  only  apply  to  those 
employers and employees who are members of the signatory organisations). 

There are special provisions regulating working time for drivers in road transport. Drivers on 
routes not exceeding 50 kilometres are also subject to the driving time, breaks and rest periods 
required under Regulation (EEC) N° 3820/85. 

Average maximum weekly working time (including overtime) cannot exceed 48 hours within 
a reference period of 12 months. Since 2004, German working time law allows for working 
time  limits  to  be  exceeded,  where  collective  agreements  so  provide,  subject  to  individual 
workers'  agreement  (individual  opt-out).  It  is  not  known  whether  urban  transport  collective 
agreements have made use of this option.  

2.10.  Greece  

Urban transport sector is fully covered by either collective agreements or working regulations. 
Companies  are  covered  by  a  national  collective  agreement,  or  whenever  applicable  by 
collective agreements at company level.  

According  to  the  national  collective  agreement  the  maximum  weekly  working  time  is  40 
hours  plus  3  hours  overtime,  unless  a  collective  agreement  at  company  level  specifically 
provides otherwise. The reference period is generally 1 week.  

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2.11.  Hungary  

Companies  providing  urban  transport  services  are  covered  by  collective  agreements  at 
company level, and in some cases at branch level. 

Hungarian legislation requires daily rests in regular urban passenger transport to comply with 
the  requirements  of  Regulation  (EEC)  N°  3820/85.  The  average  maximum  weekly  working 
time  (including  overtime)  is  between  42  and  48  hours,  and  the  length  of  reference  period 
varies (1 month, 2 months or quarterly). Maximum driving time is limited to 11 hours. The 
individual opt-out under Article 22 is applied. 

2.12. 

Ireland  

There  are  regulations,  primarily  applicable  at  national  level,  which  are  complemented  by 
certain  company  level  collective  agreements.  The  regulations  laid  down  under  the  Road 
Traffic Acts are compulsory. The collective agreements are not. 

There are different provisions for regular passenger transport on road, compared to rail, due to 
the  differences  in  the  existing  legislative  frameworks.  Specific  provisions  also  apply  to 
driving time in the regular urban transport sector, based on its economic and social needs. The 
maximum weekly working time depends on the transport operator, but is subject to a 48 hour 
limit. 

Lastly,  general  exemptions  are  applied  to  the  length  of  night  work,  health  assessment  and 
transfer of night workers to day work, and guarantees for night-time working. 

2.13. 

Italy  

The measures transposing the Directive allow derogations in the urban transport sector, where 
collective agreements so provide. Collective agreements apply at national and regional levels. 

The maximum weekly working time is 40 hours. Derogations are allowed as regards regular 
passenger  road  transport,  provided  that  the  weekly  average  does  not  exceed  48  hours 
including  overtime.  Collective  agreements  can  establish  more  favourable  provisions.  The 
reference  period  cannot  exceed  4  months  (6  or  12  months  where  so  provided  by  collective 
agreements, if due to technical reasons or working organisation).  

2.14.  Latvia  

Public transport is by bus, tram or trolleybus (rail urban transport is non existent). Collective 
agreements apply at company level.  

The maximum weekly working time is 56 hours per week (overtime limited to 144 hours in a 
4 months period).  

The  system  does  not  comply,  in  certain  circumstances,  with  working  time  and  rest  time 
provisions.  According  to  the  Latvian  authorities,  this  is  due  to  a  shortage  of  drivers  and 
conductors.  These  authorities  argue  that  the  working  time  provisions  applicable  to  public 
transport  should  be  adapted  to  the  real  market  situation,  and  that  a  transitional  period  of  at 
least 3 years would be necessary to achieve compliance.  

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2.15.  Lithuania 

The  organisation  of  working  time  is  regulated  by  the  Labour  Code,  and  by  a  government 
resolution  which  allows  derogations  for  urban  road  transport  (rail  urban  transport  is  non 
existent).  

Lithuanian  labour  legislation  foresees,  for  all  sectors,  the  possibility  to  conclude  company, 
sectoral,  territorial  and  national  collective  agreements.  Presently  there  are  only  company 
collective  agreements  in  force  in  the  urban  transport  sector.  No  exhaustive  list  of  these 
agreements is available, as no public institution is entitled to register company level collective 
agreements. According to the Labour Code, collective agreements are void if they allow less 
favourable working conditions than those required by the Code or by other legal instruments.  

In  the  urban  transport  sector  the  maximum  weekly  working  time  is  60  hours,  within  a 
maximum average weekly working time of 48 hours and with a reference period of 4 months 
(6  months  if  due  to  objective  reasons  and  if  following  consultations  with  interested  social 
partners). 

2.16.  Luxembourg  

Urban  transport  sector  is  regulated  by  a  collective  agreement  applicable  to  bus  drivers  and 
auxiliary workers (compulsory at national level for all private companies). 

Luxembourg  extends  to  all  urban  transport  bus  drivers  the  maximum  weekly  working  time 
requirements of Regulation (EEC) N° 3820/85. Thus, maximum driving time cannot exceed 
90 hours during a 2-week period. 

2.17.  Malta  

In urban transport 80% of the workers are self-employed (rail transport is non existent). There 
are no collective agreements.  

The  Maltese  authorities  underline  certain  features  as  specific  to  the  Maltese  context:  short 
duration of journeys (maximum 60 minutes), low speed limits on roads, long stand-by periods 
in  between  individual  journeys  and  day-on,  day-off  shift  pattern.  Derogations  are  allowed 
regarding daily rest and breaks. The individual opt-out has been implemented.  

2.18.  Netherlands 

Urban  transport  sector  is  regulated  by  a  national  collective  agreement.  However,  some 
companies  are  not  subject  to  it  and  have  their  own  collective  agreements.  Moreover, 
companies may have additional regulations, which develop or complement those agreements. 
Thus, the whole sector is covered by collective agreements.  

Regular passenger transport by road (bus) is governed by a working time decree, based upon 
Regulation (EEC) N° 3820/85, except for breaks which are, as well as the regular passenger 
transport by metro, tramway, light train and train subjected to the legislative transposition of 
the Directive ("Working Hours Act").  

The  average  weekly  working  time  in  the  bus  sector  is  48  hours  within  a  13-week  reference 
period (26-week where a collective agreement so provides). As regards metro, tramway, light 
train and train, the average weekly working time is 45 hours (including overtime) within a 13-

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week  reference  period  (48  hours  within  a  13-week  reference  period  where  a  collective 
agreement so provides).  

2.19. 

Poland  

There are no national or regional collective agreements governing the urban transport sector, 
but  the  vast  majority  of  companies  have  collective  agreements.  These  agreements  are  not 
permitted to contain less favourable provisions than those applicable under the Labour Code. 

The rules for urban transport drivers do not differ as between  the Labour  Code  and  drivers' 
working  time  legislation.  However,  an  article  of  the  working  time  legislation  allows,  in 
exceptional cases, a discontinuous working time regime for regular transport drivers on urban 
routes,  according  to  a predefined time-table.  The  maximum  weekly  working  time  (overtime 
included) is 48 hours.  

2.20. 

Portugal  

The urban transport sector is regulated by the general rules of the Labour Code. Derogations 
within  the  urban  transport  sector  are  permitted,  by  company  level  collective  agreements,  in 
which concerns daily rest, breaks, weekly rest, maximum weekly working time and length of 
night work.  

The  maximum  average  weekly  working  time  (overtime  included)  cannot  exceed  48  hours, 
within  a  reference  period  which  must  be  regulated  by  collective  agreement  and  may  not 
exceed 12 months (4 or 6 months for urban transport, where there is no collective agreement).  

2.21. 

Slovakia  

Collective  agreements,  concluded  at  company  level,  fully  cover  urban  public  transport 
employees  and  include  more  protective  provisions.  In  addition,  a  higher  level  collective 
agreement, which covers the whole economic sector and is compulsory for all employers and 
trade  unions  covered  by  it,  enlarges  and  modifies  certain  provisions  of  the  company-level 
collective agreements.  

Under  the  Labour  Code,  the  maximum  weekly  working  time  including  overtime  cannot 
exceed 48 hours, distributed evenly over individual weeks. The employer may, however, after 
agreement  with  the  employees'  representatives  or  with  the  employee,  arrange  working  time 
unevenly for individual weeks, within a 4-month reference period.  

2.22. 

Slovenia  

Regular public road transport services are divided into urban and suburban services. Slovenia 
is  considered  as  a  single  region,  as  concerns  road  transport.  Since  urban  transport  is  not 
provided in all municipalities, interurban transport covers middle-distance services (from 5 to 
50 Km) as well as long distance services (more than 50 Km).  

Regular  urban  transport  services  are  regulated  by  2  national  collective  agreements  (for 
passenger road and for rail transport) and by company collective agreements which provide 
extra  rights  for  workers.  Provisions  differ  as  between  road,  and  rail,  passenger  transport 
services.  The  average  weekly  working  time  is  40  hours,  and  the  maximum  weekly  working 
time cannot exceed 48 hours.  

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2.23. 

Spain  

Urban  transport  sector  is  regulated  by  national  labour  legislation,  and  by  collective 
agreements at company and national level. Organisation of regular road transport for journeys 
of  less  than  50  kilometres  is  the  responsibility  of  the  "Autoridades  Autonómicas",  while 
provision of urban passenger transport is the responsibility of local authorities. 

The  average  weekly  working  time  is  40  hours  within  a  12-month  reference  period,  with  a 
maximum of 80 hours' overtime per year. There are no specific provisions regarding driving 
time in regular urban transport. 

2.24. 

Sweden  

As regards applicable legislation, there is no special legislation for the urban transport sector. 
The Swedish Working Hours Act applies in full for this sector, just as it does for most other 
sectors. It is possible, however, for the social partners to derogate from the Act by the way of 
collective  agreements,  provided  that  they  do  not  entail  less  favourable  rules  than  those 
prescribed by the Directive. There are no specific provisions regarding driving time in regular 
urban transport, but they might occur in collective agreements. 

Collective  agreements  are  signed  at  national  and  company  level.  Concerning  the  urban 
transport  by  rail,  the  agreements  are  also  signed  at  local  level.  Collective  agreements  are 
compulsory  for  those  companies  which  are  members  of  employers'  organisations,  or  have 
signed collective agreements of their own. 

The  maximum  aggregated  weekly  working  time  (including  normal  working  time,  overtime 
and on-call time) is 48 hours for each 7 day period, to be calculated over a 4 month period. 
This period of calculation can be extended to up to 12 months by collective agreement.  

2.25.  United Kingdom 

As  regards  applicable  legislation,  the  urban  transport  sector  is  regulated  by  national 
regulations  and  by  company  collective  agreements.  The  48-hour  maximum  weekly  working 
time  (including  overtime)  applies  subject  to  the  individual  opt-out,  which  has  been 
implemented  in  the  UK.  According  to  the  UK  authorities,  most  company  collective 
agreements involve a working week of between 35 and 45 hours, plus voluntary overtime.  

3. 

SOCIAL PARTNERS 

According  to  the  European  Transport  Workers'  Federation  (ETF),  one  major  problem  is  the 
lack  of  mechanisms  for  effective  and  deterrent  sanctions,  which  it  considers  necessary  in 
order  to  ensure  that  the  working  time  provisions  are  enforced.  Moreover,  the  ETF  calls  for 
collective agreements to be given mandatory application to all companies and workers active 
in the urban transport sector. With the introduction of competitive tendering, subcontracting 
and  privatisation,  the  number  of  workers  who  are  not  covered  by  collective  agreements  has 
increased in countries with no compulsory collective agreements at national level. Finally, the 
ETF indicated that as far as it was aware, implementation of the Directive did not cause any 
problems for the sector. This appeared to be due to its specific characteristics, as Article 17 
paragraph 3. allows for derogations which provide high flexibility to the sector. Nevertheless, 
the ETF stressed two elements as causing considerable health and safety problems: the lack of 

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a  quantitative  definition  of  minimum  standard  "adequate  rest"  and  the  wide  use  of  the 
individual opt-out by bus drivers in regular passenger transport in the United Kingdom.  

As  regards  the  International  Association  for  Public  Transport  (UITP),  the  Directive's 
provisions  are  suitable  for  the  urban  transport  sector.  The  UITP  particularly  emphasize  the 
necessity of maintaining the derogations allowed by Article 17 paragraph 3. point (c) indent 
(viii), which ensure “continuity of service or production”. 

4. 

CONCLUSIONS 

The regular urban transport sector is regulated at the national and/or regional level, by rules 
and structures that differ across Member States. In many countries, different legislation and/or 
collective agreements apply, depending on whether transport is by road or by rail.  

In  general,  the  level  of  protection  granted  to  urban  transport  workers  is  higher  than  the 
minimum requirements under the Directive. 

In  most  of  the  Member  States  regular  urban  transport  workers  are  covered  by  collective 
agreements, whose scope differs from country to country. These agreements generally cover 
all  aspects  of  worker-employer  relations.  Collective  agreements  apply  at  national,  regional 
and/or company level, depending on the Member State. 

In  several  Member  States,  the  Directive  is  implemented  by  several  national  legislative 
measures. Where this is the case, often there is separate national legislation for bus drivers. In 
addition, some Member States extend the provisions of Regulation (EEC) N° 3820/85 to bus 
drivers in regular urban passenger transport. Nevertheless, at this stage it is not clear whether 
all provisions of Directive 2002/15/EC are applied. 

In  cases  where  urban  and  regional  transport  are  provided  by  the  same  company,  it  is  not 
always  clear  whether  Regulation  (EEC)  N°  3820/85  and  Directive  2002/15/EC  apply  to 
workers whose route is longer than 50 kilometres. The non application of these legal texts to 
workers  covered  by  their  scope  is  a  violation  of  Community  law,  since  these  specific  legal 
instruments are more protective than the Directive. 

In  some  cases,  the  provisions  of  Regulation  (EEC)  No  3820/85  and  Directive  2002/15/EC 
seem to be combined with the broader possibilities of derogation permitted by the Directive. 

In  addition,  some  Member  States'  legislation  permits  a  12-month  reference  period  for 
calculating average maximum weekly working time, in contradiction with the Directive. 

Five Member States reported having implemented the individual opt-out (Estonia, Germany, 
Hungary, Malta and United Kingdom). However, all of them applied it broadly, rather than to 
the urban transport sector specifically. 

Neither trade unions nor employers' representatives have requested a review of the provisions 
currently  applicable  to  this  sector.  Trade  unions  underline  difficulties  in  enforcing  the 
provisions,  because  they  consider  the  applicable  sanctions  to  be  ineffective.  In  their  view, 
progress  should  be  made  on  this  issue,  in  order  to  avoid  risks  to  the  development  of  this 
sector. 

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In  conclusion,  the  provisions  of  the  Directive  appear  to  be  suitable  for  the  urban  transport 
sector  and  no  major  problems  have  been  identified.  Only  one  Member  State  (Latvia)  has 
pointed out difficulties in complying with the rules of the Directive, specifically as concerns 
maximum weekly working time. 

The  Commission  does  not  consider  that  any  change  is  needed  to  the  rules  regarding 
organisation  of  working  time  for  workers  concerned  with  the  carriage  of  passengers  on 
regular  urban  transport  services.  The  Commission  will  investigate  the  above  mentioned 
situations where there are indications of difficulties in compliance with Community law, and 
in particular with the Directive and will take its responsibilities in accordance with the Treaty. 

EN 

11 

   EN