52000IE1196

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

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.

1.2. They then forwarded this European Agreement to the Commission, with the specific request that it be implemented at Community level by a Council decision on a proposal from the Commission in accordance with Article 139(2) of the Treaty.

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

- 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 common 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 Directive, 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 fundamental 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:

- maritime transport by Directive 1999/63/EC of 21 June 1999 and

- rail transport by Directive 2000/34/EC of 22 June 2000 amending Directive 93/104/EC(2) of 23 November 1993 to cover the sectors and activities excluded from this Directive.

2.3. The ESC welcomes the fact that "mobile" workers (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.

2.4. In point 3.5.2 of its opinion(3) of 9 March 1999 on the sectors and activities excluded from Directive 93/104/EC(4) 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.

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 footnote 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), representing 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

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

3.4 By way of conclusion the ESC for its part also wishes 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.

Brussels, 19 October 2000.

The President

of the Economic and Social Committee

Göke Frerichs

(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).

(2) OJ L 307, 13.12.1998, p. 18; ESC opinion: OJ C 60, 8.3.1991, p. 26.

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

(4) OJ L 307, 13.12.1998, p. 18; ESC opinion: OJ C 60, 8.3.1991, p. 26.