Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | DELE | HUGHES Stephen (PSE) | |
Lead | EMPL | HUGHES Stephen (PSE) | |
Opinion | TRAN | SIMPSON Brian (PSE) |
Legal Basis EC Treaty (after Amsterdam) EC 071, EC Treaty (after Amsterdam) EC 137-p2, RoP 050, RoP 050-p1
Activites
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2002/04/04
Debate in Parliament
- 2002/03/23 Final act published in Official Journal
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2002/03/11
Final act signed
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2002/03/11
End of procedure in Parliament
- #2410
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2002/02/18
Council Meeting
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2002/02/05
Decision by Parliament, 3rd reading
-
T5-0027/2002
summary
The European Parliament adopted the report by Mr Stephen HUGHES (PES, UK) which approves the conciliation agreement on the working time directive for the road transport sector. (Please refer to the outcome of the conciliation committee 17/12/01).�
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T5-0027/2002
summary
- 2002/01/23 Report tabled for plenary, 3rd reading
-
2002/01/16
Joint text approved by Conciliation Committee co-chairs
- 3676/2001
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2001/12/17
Final decision by Conciliation Committee
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2001/11/22
Formal meeting of Conciliation Committee
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2001/09/27
Parliament's amendments rejected by Council
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2001/06/14
Decision by Parliament, 2nd reading
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T5-0332/2001
summary
The European Parliament adopted the report by Mr Stephen HUGHES (PES, UK). (Please refer to the previous document).�
-
T5-0332/2001
summary
- 2001/06/13 Debate in Parliament
- 2001/05/29 Vote in committee, 2nd reading
-
2001/04/05
Committee referral announced in Parliament, 2nd reading
-
2001/03/23
Council position published
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05919/1/2001
summary
The Council's common position incorporates 11 out of the 21 European Parliament amendments. These relate in particular to: - the scope of the Directive: according to the common postion, the Directive is solely applicable to mobile workers employed by transport undertakings established in a Member State participating in mobile road-transport activities covered by Regulation 3820/85/EEC or, failing that, by the AETR Agreement. It also stipulates that the basic protection provided for by general Directive 93/104/EEC extends to the other mobile workers excluded from its scope; - definitions of "working time" and "periods of availability": the common position includes in the definition of "working time", the times during which the mobile worker is required to remain at his place of work, and cannot, on the instructions of his employer, dispose freely of his time. It adds by way of example, that periods spent awaiting loading or unloading are to be regarded as working time where the duration is not known in advance, and clarifies this criterion. The common position defines as "periods of availability", the periods other than those relating to break times and rest times during which the mobile worker is not required to remain at his place of work, but must be available to answer any calls to start or resume driving or to carry out other work. These periods and their foreseeable duration shall be known in advance by the mobile worker (prior to departure of the shift or just before the actual start period in question); - night work: the common position considers "night work" to be any work performed during the night time, namely between 00 and 7.00 and stipulates that the daily working time of night workers in each 24 hour period must not exceed 10 hours. It alos provides for the possibility of derogations. On the other hand, the common position did not accept the amendments concerning the temporary exclusion of self-employed workers; the necessary protection as regards health and safety, stand-by periods; derogations on the provisions of rest periods; a common range of penalties; the regulation of sub-contracting. �
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05919/1/2001
summary
- #X013
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2000/12/20
Council Meeting
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2000/11/10
Modified legislative proposal published
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COM(2000)0754
summary
The Commission has introduced amendments which were put forward by the Parliament, which the Commission indicated it would accept, namely those relating to: - exluding self-employed drivers from the provisons of this Directive for a three year period starting from the end date for transposition of the directive in line with the Commission's communication on this issue; - providing a fuller elaboration of what constitutes working time; - to clarify what is meant by advance notification; - to specify what is meant by a self-employed driver; - to place the onus on employer and employee alike; - to delete the provisions on shorter hours and correspondingly longer reference periods; - to clarify the system of keeping records. Lastly, a new recitals has been added which points out that both employed and self-employed drivers will continue to be subject to the provisons of Regulation 3820/85/EEC of 31 December 1985 concerning driving times and rest periods, which regulate a major element in driver's working time. On the basis of a forthcoming proposal of the Commission, this Regulation will be modified to establish enhanced regime.�
- DG [{'url': 'http://ec.europa.eu/social/', 'title': 'Employment, Social Affairs and Inclusion'}],
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COM(2000)0754
summary
- #2204
- 1999/10/06 Council Meeting
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1999/05/06
Decision by Parliament, 1st reading/single reading
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T4-0416/1999
summary
Following the entry into force of the Treaty of Amsterdam on 01/05/99, the European Parliament confirmed as its first reading under codecision procedure its vote of 14/04/99 on the proposal for a European Parliament and Council directive relating to the organisation of working time for mobile workers performing road transport activities and for self-employed drivers.�
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T4-0416/1999
summary
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1999/05/05
Vote in committee, 1st reading/single reading
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1999/04/14
Decision by Parliament, 1st reading/single reading
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T4-0304/1999
summary
At first reading under cooperation procedure, the European Parliament adopted the report by Hugh R. McMahon (PSE,UK), which approves the Commission proposal for a Council directive concerning the organisation of working time for mobile workers performing road transport activities and for self-employed drivers, subject to amendments, notably in the following areas: - excepting from the proposed directive mobile workers performing passenger transport activities on scheduled routes not exceeding a distance of 50 km; - excepting mobile workers in the emergency services from the provision that the provisions of the proposed directive should take precedence over the relevant provisions of Council directive 93/104/EC and providing that the derogations provided for with regard to activities involving the need for continuity of service or production in Council directive 93/104/EC should continue to apply in this area; - adding to the definition of "working time" within the meaning of the proposed directive, standby duty, checking (as well as supervising) passengers, monitoring of loading and unloading, and administrative formalities and cooperation for checks required by law with police, customs, immigration officers etc; - specifying that standby periods must be known by the mobile worker at least one day in advance and prior to the completion of the previous shift; - defining "night workers" as workers who perform 48 days (rather than a certain proportion to be defined by the Member States' legislation in consultation with the social partners) of their annual working time during night time; - adding a definition of "self-employed drivers" within the meaning of the proposed directive; - providing that a reference period will be determined after consultation with the social partners over which an average maximum daily working time of 8 hours must not be exceeded by night workers (as opposed to a specified reference period of 2 months, proposed by the Commission); - providing that derogations from the provisions with regard to maximum weekly working time and rest periods may only be adopted by means of collective agreements; - deleting other conditions for derogations from maximum weekly working time; - deleting the provision that, for regular passenger transport services over distances of less than 50 kilometres, breaks or layover time may be split into periods of less than 15 minutes duration; - extending the provision that employers record workers' working time to all mobile workers; - providing that, if so requested, the employer shall provide workers with a copy of the records of hours worked; - extending the provision that Member States take measures to ensure that self-employed drivers maintain a record of their working time to cover all self-employed drivers in general; - requiring Member States to carry out controls on working and driving times equivalent to at least 2% of all the working days in this sector, the most important instrument for such controls being the tachograph; - providing that implementation of the proposed directive shall not constitute valid grounds for reducing the general level ofprotection afforded to workers; - providing that their should be a common range of penalties for infringement of the directive; - requiring Member States to take the necessary steps to ensure that the relationships between shippers, freight forwarders, prime contractors and sub-contractors are regulated through the adoption of obligatory contracts allowing the verification of compliance with the proposed directive.�
-
T4-0304/1999
summary
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1999/04/13
Debate in Parliament
- 1999/03/31 Vote in committee, 1st reading/single reading
- #2169
- 1999/03/29 Council Meeting
- #2164
- 1999/03/09 Council Meeting
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1999/01/15
Committee referral announced in Parliament, 1st reading/single reading
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1998/11/24
Legislative proposal published
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COM(1998)0662
summary
OBJECTIVE: to propose a directive on working time in the road transport sector. CONTENT: this Commission proposal follows from the breakdown in negotiations between the two sides of industry in the road transport sector within the framework of the social protocol procedure. Consequently, the Commission has presented a draft directive setting out provisions governing the minimum working times of mobile workers performing road transport activities, including self-employed workers and drivers. This proposal seeks both to protect the health and safety of workers and to prevent distortions in competition and improve road safety. The proposal also complements the provisions of Regulation 3820/85/EEC laying down common rules on driving and rest times for drivers. The proposal also sets out the following general provisions: 1) the definition of "standby duty" has been incorporated into the working time (e.g. monitoring the vehicle etc.), unlike "standby periods" which are not included in drivers' working time; 1) weekly working time: this has been set at 48 hours a week over a four month reference period, with an absolute maximum of 60 hours per week; 2) work breaks: 6 consecutive hours with at least 30 minute breaks where the working day totals between 6 and 9 hours; 3) rest periods: the provisions of Regulation 3820/85/EEC have been maintained, with an additional clause for mobile workers allowed 11 hour rest periods (this period may be reduced by one hour for workers granted compensatory rest periods); 4) night work: a maximum of 8 hours (possibly 10 hours, if no more than an average of 8 hours a day has been worked over a two month period). The proposal also makes provision: - by way of derogation: for a maximum driving time of 65 hours per week in international passenger transport other than on scheduled routes (this period must be recorded); - for derogations relating to average weekly working times, rest periods and night work, provided that equivalent compensatory rest periods have been granted. The reference period for weekly working times may only be extended to 6 months, rather than the 12 months proposed in the general working time directive. A further derogation has been included to allow a longer, two-part reference period of up to 12 months, provided that the average weekly working time is reduced to 35 hours. 1 �
- DG [{'url': 'http://ec.europa.eu/social/', 'title': 'Employment, Social Affairs and Inclusion'}],
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COM(1998)0662
summary
Documents
- Legislative proposal published: COM(1998)0662
- Debate in Council: 2164
- Debate in Council: 2169
- Committee report tabled for plenary, 1st reading/single reading: A4-0187/1999
- Decision by Parliament, 1st reading/single reading: T4-0304/1999
- Decision by Parliament, 1st reading/single reading: T4-0416/1999
- Debate in Council: 2204
- Modified legislative proposal published: COM(2000)0754
- Council position published: 05919/1/2001
- Committee recommendation tabled for plenary, 2nd reading: A5-0196/2001
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 2nd reading: T5-0332/2001
- Joint text approved by Conciliation Committee co-chairs: 3676/2001
- Report tabled for plenary, 3rd reading: A5-0013/2002
- Decision by Parliament, 3rd reading: T5-0027/2002
- : Directive 2002/15
- : OJ L 080 23.03.2002, p. 0035-0039
History
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