Considerations on COM(2000)382 - 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) - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2000)382 - European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of ... |
|---|---|
| document | COM(2000)382  |
| date | November 27, 2000 |
(2) The Council adopted Directive 93/104/EC on certain aspects of the organization of working time.
(3) Civil Aviation was one of the sectors and activities excluded from the scope of that Directive.
(4) The Commission, in accordance with Article 138(2) of the Treaty, has consulted management and labour on the possible direction of Community action with regard to the sectors and activities excluded from Directive 93/104/EC.
(5) The Commission, considering after such consultation that Community action was desirable, once again consulted management and labour at Community level on the substance of the envisaged proposal in accordance with Article 138(3) of the Treaty.
(6) 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) have informed the Commission of their desire to enter into negotiations in accordance with Article 138(4) of the Treaty.
(7) The said organizations concluded, on 22 March 2000, a European Agreement on the Organisation of Working Time of Mobile Staff in Civil Aviation.
(8) This Agreement contains a joint request to 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.
(9) The Council, in its Decision of 13 March 2000 on guidelines for Member States' employment policies for the year 2000 invited the social partners at all appropriate levels to negotiate agreements to modernise the organisation of work, including flexible working arrangements, with the aim of making undertakings productive and competitive and achieving the required balance between flexibility and security.
(10) This Directive and the annexed Agreement lay down more specific requirements within the meaning of Article 14 of Council Directive 93/104/EC as regards the organisation of working time of mobile staff in civil aviation.
(11) The proper instrument for implementing the Agreement is a Directive within the meaning of Article 249 of the Treaty which binds the Member States as to the result to be achieved, whilst leaving them the choice of form and methods.
(12) In view of the highly integrated nature of the aviation sector and the conditions of competition prevailing in it, the objectives of this Directive to protect workers' health and safety cannot be sufficiently achieved by the Member States and Community action is therefore required; This Directive does not go beyond what is necessary for the attainment of those objectives.
(13) With regard to terms used in the Agreement which are not specifically defined therein, this Directive leaves Member States free to define those terms in accordance with national law and practice, as is the case for other social policy Directives using similar terms, providing that the said definitions are compatible with the Agreement.
(14) The Commission has drafted its proposal for a Directive, in accordance with its Communication of 20 May 1998 on adapting and promoting the social dialogue at Community level, taking into account the representative status of the signatory parties and the legality of each clause of the Agreement.
(15) The Commission has drafted its proposal for a Directive in compliance with Article 137(2) of the Treaty which provides that Directives in the social policy domain 'shall avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings'.
(16) The Directive and the annexed Agreement establish minimum standards; Member States and/or the social partners may maintain or introduce more favourable provisions.
(17) Implementation of this Directive may not serve to justify any regression in relation to the situation which already exists in each Member State.
(18) The implementation of the Agreement contributes to achieving the objectives under Article 136 of the Treaty.