Report on the implementation of Directive 2005/47/EC of 18 July 2005 on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services in the railway sector

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 was adopted by the Council on the basis of Article 155 of the Treaty on the Functioning of the European Union (ex Article 139 of the EC Treaty)

The main impact of Directive 2005/47/EC lies in its role as a safety net. It prevents a race-to- the-bottom on working conditions, particularly working time, by imposing a harmonised floor below which no operator may go. It ensures a level playing field and prevents unfair competition. On the specific issue of Clause 4 on daily rest away from home, the Commission is of the view that the existing margins for flexibility have not been fully exploited by both sides of industry, as there have been fewer collective agreements than expected. The Directive allows for such agreements to specify more flexible conditions with regard to the number of rests away from home, which may contribute to enhance the interoperability of cross-border services in the railway sector and create market opportunities in particular for SMEs.