Werkgelegenheid: EU start juridische procedure tegen Estland, Italië, Luxenburg en Portugal wegens niet-naleven regelgeving arbeidsvoorwaarden spoorweg medewerkers (en)

Met dank overgenomen van Europese Commissie (EC) i, gepubliceerd op woensdag 5 mei 2010.

IP/10/515

Brussels, 5 May 2010

The European Commission has today referred four Member States to the EU's Court of Justice for failing to communicate their national measures for transposing legislation on working conditions in the international rail sector (Directive 2005/47/EC). National measures must cover minimum standards in working conditions, driving times, breaks and daily and weekly rest periods. The countries concerned are Estonia, Italy, Luxembourg and Portugal. The move follows a final warning sent to all four countries in June 2009 (see IP/09/1037).

The EU rules on working conditions for mobile workers in international rail transport (Directive 2005/47/EC) translate an agreement between European trade unions and employers. They aim to ensure satisfactory conditions for those working in cross-border rail services. Legislation on the conditions for rail workers should have been transposed by the Member States by 27 July 2008 at the latest, following consultation of the social partners.

On 1 October 2008, the Commission sent letters of formal notice - the first stage of the infringement procedure - to 17 Member States for failing to take the necessary national measures to comply with the EU rules (i.e. national laws, regulations and administrative provisions) and notify them within the required time limit.

On 25 June 2009, nine countries had still neither adopted the necessary measures to comply with the Directive nor provided notification. This is why the Commission decided to issue a final warning (reasoned opinion for non-communication) to these Member States.

The Commission has still not received the necessary reassurances from Estonia, Italy, Luxembourg or Portugal that they have implemented the EU rules and has therefore decided to refer them to the Court of Justice.

Background

Infringement procedures consist of three steps. The first step is that the Member State receives a letter of formal notice and has two months to respond. In case further compliance with EC legislation is needed, the Commission sends a Reasoned Opinion. Again the Member State has two months to reply. If there is no satisfactory reply, the Commission can refer the matter to the European Court of Justice in Luxembourg. It can also request that the Court impose a fine on the country concerned if it does not comply with the Court's ruling.

Further information :

EU labour law http://ec.europa.eu/social/main.jsp?catId=157&langId=en