Report from the Commission to the European Parliament and the Council – Implementation by Member States of 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

The purpose of Council Directive 2005/47/EC of 18 July 2005 is to implement the Agreement concluded on 27 January 2004 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.

Member States had either to transpose the Directive, after consultation with the social partners, by 27 July 2008 or to ensure that the social partners adopted the necessary provisions by means of an agreement by that date.

All the Member States have transposed the Directive, with the exception of those Member States with no railway sector (Malta and Cyprus) or no cross-border service with other EU Member States (Finland). In two cases, transposition occurred very late and only after the Commission had launched infringement proceedings.

All the Member States, except Lithuania, consulted the social partners in this process. Nevertheless, the social partners of Lithuania did have some influence on the implementation of the transposition, because a collective agreement was updated once the Directive had been implemented.

Article 3 of the Directive provides that the Commission shall, after consulting management and labour at European level, report to the European Parliament and the Council on the implementation of this Directive in the context of the development of the railways sector. As a backup to this report, the Commission launched a study on the implementation of the Directive. The Social Partners were closely associated and were consulted on the findings of this study.

• Primary Source

EUR-Lex: COM(2012)627: Follow the progress of this document through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2012:627:FIN

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