5 Working conditions on interoperable
cross-border rail services
| (26365)
6364/05
COM(05) 32
| Draft Directive on the agreement between the Community of European Railways (CER) and the European Transport Workers' Federation (EFT) on certain aspects of the working conditions of mobile workers assigned to interoperable cross-border services
|
| Legal base | Article 139(2) EC; —; QMV
|
| Department | Transport |
| Basis of consideration | Minister's letter of 16 June 2005
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| Previous Committee Report | HC 38-xii (2004-05), para 1 (23 March 2005)
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| Discussed in Council | 2 June 2005
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| Committee's assessment | Politically and legally important
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| Committee's decision | For debate in European Standing Committee A[19]
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Background
Section 1.01 5.1 At the request of the Community of European
Railways (CER) and the European Transport Workers' Federation
(EFT) (the "social partners") the Commission has proposed
this draft Directive, which would require Member States to ensure
implementation of an agreement between the CER and the EFT to
supplement the provisions of the Working Time Directive in relation
to daily and weekly rest periods, breaks and driving time for
train crews working on interoperable cross-border services.
Section 1.02 5.2 The previous Committee shared the Government's
concern about both the manner in which this proposal had been
prepared and its substance. Whilst recognising the difficulty
the Government would have in preventing a qualified majority emerging
in favour of the proposal, it nevertheless recommended a debate
in European Standing Committee A on important issues arising from
it.[20] This debate did
not take place before the Dissolution and we confirm the recommendation
for a debate in paragraph 1 of this Report.
The Minister's letter
Section 1.03 5.3 The Parliamentary Under-Secretary of State,
Department for Transport (Derek Twigg) now writes to tell us that,
although some Member States shared the Government's concerns about
the potentially adverse effect of the proposal on Community transport
policy , a majority of Member States wished, as expected, to support
the proposal. So on 2 June 2005 a qualified majority of the Council
reached political agreement on the proposal, with the UK and two
other Member States abstaining. The Government entered a statement
in the Council minutes explaining its concerns, that is:
· the
possible impact on growth, and so on future employment prospects
and the risk to the objective of increasing the rail sector's
share of freight;
· the
lack of consideration of the impact of the proposals on those
in the sector not properly represented in the "social partners"
process; and
· the
lack of any proper impact assessment.
Section 1.04 5.4 The Minister says that the Commission
too made a statement for the minutes undertaking immediately to
seek to make the social partners more representative, in line
with the developing market; to advance the timing of its report
on the Directive, taking account of its economic and social impacts;
and to propose modifications to the Directive should the social
partners at any time amend their agreement.
Conclusion
Section 1.05 5.5 We are grateful to the Minister
for this additional information, which will be relevant to the
debate.
19 See para 1 of this Report. Back
20
See headnote. Back
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