Annexes to 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)

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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 EN
date November 27, 2000
ANNEX

European Agreement on the Organisation of Working Time of Mobile Staff 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)

Having regard to the Treaty establishing the European Community and in particular Articles 138 and 139(2) thereof;

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

Whereas the signatory parties hereby make such a request;

Whereas the signatory parties consider that the provisions of this Agreement are "more specific requirements", within the meaning of Article 14 of Council Directive 93/104/EC, and that the provisions of that Directive should not apply;

The signatory parties have agreed the following:

Clause 1

1. The Agreement applies to the working time of mobile staff in civil aviation.

2. It lays down more specific requirements within the meaning of Article 14 of Council Directive 93/104/EC relating to the organisation of working time of mobile staff in civil aviation.

Clause 2

1. "Working time" means any period during which the worker is working, at the employer's disposal and carrying out his activity or duties, in accordance with national laws and/or practice.

2. "Mobile staff in civil aviation" means crew members on board a civil aircraft, employed by an undertaking established in a Member State.

3. "Block flying time" means the time between an aircraft first moving from its parking place for the purpose of taking off until it comes to rest on the designated parking position and until all engines are stopped.

Clause 3

1. Mobile staff in civil aviation are entitled to paid annual leave of at least four weeks, in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and or/practice.

2. The minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated.

Clause 4

1. (a) Mobile staff in civil aviation are entitled to a free health assessment before their assignment and thereafter at regular intervals;

(b) Mobile staff in civil aviation suffering from health problems recognized as being connected with the fact that they also work at night will be transferred whenever possible to mobile or non-mobile day work to which they are suited.

2. The free health assessment referred to in paragraph 1 (a) must comply with medical confidentiality.

3. The free health assessment referred to in paragraph 1 (a) may be conducted within the national health system.

Clause 5

1. Mobile staff in civil aviation will have safety and health protection appropriate to the nature of their work.

2. Adequate protection and prevention services or facilities with regard to the safety and health of mobile staff in civil aviation will be available at all times.

Clause 6

Necessary measures will be taken to ensure that an employer, who intends to organise work according to a certain pattern, takes account of the general principle of adapting work to the worker.

Clause 7

Information concerning specific working patterns of mobile staff in civil aviation should be provided to the competent authorities, if they so request.

Clause 8

1. Working time should be looked at without prejudice to any future Community legislation on flight and duty time limitations and rest requirements and in conjunction with national legislation on this subject which should be taken into consideration in all related matters.

2. The maximum annual working time, including some elements of standby for duty assignment as determined by the applicable law, will be 2000 hours in which the block flying time will be limited to 900 hours.

3. The maximum annual working time should be spread as evenly as practicable throughout the year.

Clause 9

Without prejudice to Clause 3, mobile staff in civil aviation will be given days free of all duty and standby, which are notified in advance, as follows:

(a) at least 7 local days in each calendar month, which may include any rest periods required by law; and

(b) at least 96 local days in each calendar year, which may include any rest periods required by law.

Clause 10

The parties will 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, 22 March 2000

Association of European Airlines (AEA)

Karl-Heinz Neumeister, Secretary General

Manfred Merz, Vice Chairman of AEA Social Affairs Committee, Chairman of the Negotiating Team

European Transport Workers' Federation (ETF)

Brenda O'Brien, Assistant General Secretary

Betty Lecouturier, President, Cabin Crew Committee

Bent Gehlsen, Negotiating Group Member, Cabin Crew Committee

European Cockpit Association (ECA)

Captain Francesco Gentile, Chairman

Captain Bill Archer, Vice Chairman

Giancarlo Crivellaro, General Secretary

European Regions Airline Association (ERA)

Mike Ambrose, Director General

The International Air Carrier Association (IACA)

Marc Frisque, Director General

Allan Brown, Director, Aeropolitical and Industry Affairs


IMPACT ASSESSMENT FORM THE IMPACT OF THE PROPOSAL ON BUSINESS WITH SPECIAL REFERENCE TO SMALL AND MEDIUM-SIZED ENTERPRISES( SMEs)

Title of proposal

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)

Document reference number

xxxx

The proposal

1. Taking account of the principle of subsidiarity, why is Community legislation necessary in this area and what are its main aims-

The need to undertake Community action is justified by the fact that the social partners, under the procedure provided for in Article 138 of the Treaty, have agreed that it is necessary to undertake action at Community level and have requested the implementation of their Community-level agreement through a Council decision based on a proposal from the Commission, pursuant to Article 139(2) of the Treaty. Furthermore, as stated in the preamble to Council Directive 93/104/EEC, "given the specific nature of the work concerned, it may be necessary to adopt separate measures with regard to the organisation of working time in certain sectors or activities which are excluded from the scope of the Directive". Finally, in a case concerning Directive 93/104/EEC, the Court of Justice has stated that "once the Council has found that it is necessary to improve the existing level of protection as regards the health and safety of workers and to harmonize the conditions in this area while maintaining the improvements made, achievement of that objective through the imposition of minimum requirements necessarily presupposes Community-wide action, which otherwise leaves the enactment of the detailed implementing provisions to the Member States." [15]

[15] Case C-84/94 United Kingdom of Great Britain and Northern Ireland v Council of the European Union, European Court Reports 1996 page I-5755.

The impact on business

2. Who will be affected by the proposal-

The civil aviation sector in respect of their mobile staff will be affected.

The size of aircraft operators in respect of the number of workers employed varies between 28 and several thousands. Due to the nature of the sector, very large companies dominate the market with approximately 80 to 90 % of the market share. However, there are approximately 30 aircraft operators which employ less than 500 employees and a greater number of operators between 500 and 1000 employees. In all Member States there is at least one small or medium sized operator.

3. What will business have to do to comply with the proposal-

Business will have to organise the work in a way which ensures that the provisions of the Directive and the national legislations implementing it are respected.

4. What economic effects is the proposal likely to have-

The proposal lays down minimum standards on the organisation of working time for mobile staff in the civil aviation sector. However, Member State legislation and/or contractual arrangements at national level often provide for at least the same general level of protection for mobile staff. From the point of view of businesses, the proposal lays down a level playing field for European airline operators without containing any provisions which could be seen as restricting the entry into the market of new airline operators. Furthermore, the fact that the material provisions of the directive are contained in the annexed agreement concluded between the sectoral social partners, the particularities of the sector concerned have been carefully taken into account. As the Directive and the annexed agreement must be implemented at national level, and as the proposal allows Member States to provide for better protection, the precise effects will depend on the form and content of the national implementation measures.

5. Does the proposal contain measures to take account of the specific situation of small and medium-sized firms (reduced or different requirements etc)-

The agreement and the proposal for a directive do not make a distinction between workers of small or medium-size enterprises and other workers. However, the minimum health and safety standards of workers should not be subject to the size of the enterprise. Nevertheless, European Regions Airline Association (ERA) represents 59 mainly small and medium sized aircraft operators the size of which varies, based on the number of employees and, according to the latest statistics (January 2000), between 28 and 2200 employees. The fact that the ERA is party to the agreement shows that the interests of small and medium sized aircraft operators have been taken into account. In addition, none of the provisions of the agreement can be considered as affecting the entry into the market of new small and medium sized aircraft operators.

Consultation

6. List the organisations which have been consulted about the proposal and outline their main views.

A wide range of organisations have been consulted. The Agreement annexed to the proposal for a Directive has been negotiated between the organisations representing management and labour in the civil aviation sector.