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Summaries of EU Legislation

Cross-border train crews — working conditions

 

SUMMARY OF:

Directive 2005/47/EC on the agreement on certain aspects of the working conditions of workers engaged in interoperable cross-border rail services

WHAT IS THE AIM OF THE DIRECTIVE?

KEY POINTS

  • The agreement strikes a balance between:
    • the need to ensure adequate protection of the health and safety of mobile workers in interoperable cross-border rail services; and
    • the need for flexibility in running rail transport enterprises in an integrated European Union (EU) railway network.
  • The agreement grants workers a daily rest period of 12 consecutive hours and breaks of between 30 and 45 minutes. It limits daily driving time to 9 hours on a day shift and 8 hours on a night shift.
  • The agreement also gives employers greater flexibility because, under exceptional circumstances, they can shorten the daily rest periods to 9 hours instead of to 11 as provided for in Directive 2003/88/EC on the organisation of working time.
  • EU countries may keep or introduce more favourable rules than those laid down in this directive.
  • The directive may not be used to justify a lower level of protection for workers where better protection is given under existing national legislation.

FROM WHEN DOES THE DIRECTIVE APPLY?

It has applied since 27 July 2005. EU countries had to incorporate it into national law by 27 July 2008.

BACKGROUND

This directive is part of the overall framework for interoperability of EU rail systems. A better-integrated rail network will enable the EU to cut down on road transport and reduce its harmful side effects. By involving social partners it seeks to ensure satisfactory working conditions for workers in interoperable rail services.

* KEY TERMS

Mobile worker: any member of a train crew who is assigned to interoperable cross-border services for more than one hour on a daily shift basis.

Interoperable cross-border service: operation of trains belonging to one country over the tracks of another country.

MAIN DOCUMENT

Council Directive 2005/47/EC of 18 July 2005 on the Agreement between the Community of European Railways (CER) and the European Transport Workers’ Federation (ETF) on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services in the railway sector (OJ L 195, 27.7.2005, pp. 15-17)

RELATED DOCUMENTS

Communication from the Commission to the Council — Economic and social impact of the Agreement appended to Directive 2005/47/EC concluded on 27 January 2004 between the social partners on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services in the railway sector (COM(2008), 855 final, 15.12.2008)

Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, pp. 9-19)

last update 06.09.2016

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