8 Working time: inland waterway transport
| Committee's assessment
| Politically important |
| Committee's decision | Cleared from scrutiny
|
| Document details | Draft Council Directive about a social partners agreement on working time in inland waterway transport
|
| Legal base | Article 155(2) TFEU; —; QMV
|
| Department | Transport
|
| Document numbers | (36216), 11688/14 + ADDs 1-3, COM(14) 452
|
Summary and Committee's conclusions
8.1 The Commission has proposed this draft Directive, in the context
of the Working Time Directive, to implement a European Social
Partners' Agreement between the European Barge Union, the European
Skippers Organisation and the European Transport Workers Federation
on specific working time rules for mobile workers in inland waterway
transport.
8.2 Although we have recognised the need for adequate working
time rules for mobile workers in inland waterway transport, we
have shared the Government's view of the inappropriateness of
this proposal for the UK. However, we heard in December 2014 that
the proposal was likely to be adopted that month in a form still
unsuited to the UK's circumstances.
8.3 We commented that it was very disappointing that the UK's
reasonable needs were not likely to be met and endorsed the Government's
expected vote against the proposal. We kept the document under
scrutiny, pending a report on the final outcome.
8.4 The Government tells us now that, as expected and despite
the dissatisfaction of a number of other Member States, the proposal
was adopted, with only the UK and Hungary voting against.
8.5 Given these disappointing circumstances, our further consideration
of the proposal is redundant and we clear now the document from
scrutiny.
Full details of the documents:
Draft Council Directive implementing the European Agreement concluded
by the European Barge Union (EBU), the European Skippers Organisation
(ESO) and the European Transport Workers' Federation (ETF) concerning
certain aspects of the organisation of working time in inland
waterway transport: (36216), 11688/14 + ADDs 1-3, COM(14) 452.
Background
8.6 The Working Time Directive lays down common minimum
standards, but allows for more specific rules to be made for particular
sectors. The Commission has proposed this draft Directive to implement
a European Social Partners' Agreement between the European Barge
Union, the European Skippers Organisation and the European Transport
Workers' Federation on specific working time rules for mobile
workers in inland waterway transport.
8.7 We have considered this proposal three times
previously. We have recognised the need for adequate working time
rules for mobile workers in inland waterway transport. But we
have shared the Government's view of the inappropriateness of
this proposal for the UK and have been concerned about a seemingly
precipitate push to agree the proposal. When we last considered
the matter the Government told us that it was likely that the
Presidency would achieve a political agreement on the proposal
at a Council on 11 December 2014, that the UK's concerns had not
been met and that the Government expected to vote against the
draft Directive.
8.8 We said that it was very disappointing that the
UK's reasonable needs were not likely to be met. So we endorsed
the Government's expected vote against the proposal. We kept the
document under scrutiny, pending a report on the outcome of the
Council meeting.
The Minister's letter of 15 January 2015
8.9 The Minister of State, Department for Transport
(Mr John Hayes) writes now to report the final outcome on this
proposal, following the meeting of the Employment, Social Policy,
Health and Consumer Affairs Council on 11 December. He says that:
· as
expected, the Council adopted a political agreement on the draft
Directive;
· the
UK, however, together with Cyprus, the Czech Republic, Estonia,
Greece, Hungary, Ireland and Malta, tabled a joint statement highlighting
the inadequacy of the Commission's impact assessment and the lack
of adherence to better regulation principles;
· the
UK, together with Hungary and Malta, also tabled a second statement,
which raised concerns about the lack of representation during
the Social Partner negotiations on the proposal; and
· the
Directive was adopted on 19 December 2014 through written procedure
by QMV —
only the UK and Hungary opposed, although five other Member States
abstained.
8.10 Noting that the Directive must be transposed
by 31 December 2016, the Minister also tells us that the Government
intends to continue to work closely with the UK industry affected
to ensure that implementation achieves the objective, which is
supported by the main trade associations, of tightening regulations
of working time on commercial inland waterway vessels in the interests
of safety, but minimising administrative burdens and any unintended
impacts.
Previous Committee Reports
Ninth Report HC 219-ix (2014-15), chapter 11 (3 September
2014), Fifteenth Report HC 219-xv (2014-15), chapter 5 (22 October
2014) and Twenty-fifth Report HC 219-xxiv (2014-15), chapter 4
(10 December 2014).
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