(1)

Directive 2003/88/EC concerning certain aspects of the organisation of working time lays down general minimum standards which, with the exception of the areas set out in Article 20(1) (daily rest, breaks, weekly rest, duration of night work), also relate to the organisation of working time in inland waterway transport. However, as these regulations do not take the specific working and living conditions in the inland waterway transport sector sufficiently into account, more specific rules are necessary, pursuant to Article 14 of Directive 2003/88/EC.

(2)

These more specific rules should safeguard a high level of health and safety for workers in the inland waterway transport sector.

(3)

Inland waterway transport is an international form of transport characterised first and foremost by cross-border activities on the European inland waterway transport network. The European inland waterway transport sector should therefore work towards creating homogeneous framework conditions for the labour market in this sector and preventing unfair competition based on differences between statutory working time structures.

(4)

In view of the importance of the transport sector for economic competitiveness, the European Union has set itself the goal of encouraging those modes of transport which use less energy, are more environmentally friendly or safer (1). Inland waterway transport is an environmentally friendly mode of transport with available capacity which can make a sustainable contribution to removing freight from Europe's roads and railways.

(5)

The organisation of work varies within the sector. The number of workers and their working time on board varies depending on the way in which the work is organised, the undertaking concerned, the geographical area of operation, the length of the voyage and the size of the craft. Some vessels sail continuously, i.e. 24 hours a day, with the crew working shifts. By contrast, medium-sized undertakings in particular tend to operate their vessels 14 hours a day for five or six days per week. In the inland waterway transport sector, the working time of a worker on board is not the same as the operating time of a craft.

(6)

One of the special features of the inland waterway transport sector is that it is possible for workers to have not only their place of work but also their accommodation or living quarters on board the vessel. It is therefore usual for workers to spend rest periods on board. Many workers in the inland waterway transport sector, especially those who are a long way from home, work several consecutive days on board in order to save on travelling time and then be able to spend several days at home or at another place of their own choosing. With a 1:1 pattern, for example, a worker has the same number of rest days and working days. For this reason the number of consecutive working days on board and the number of rest days can be correspondingly higher than is the case in land-based employment.

(7)

Average working time in the inland waterway transport sector usually includes a significant amount of on-call time (for example as a result of unplanned waiting time at locks or during the loading and unloading of the craft), which may also occur during the night. The maximum daily and weekly working times which are laid down may therefore be longer than those stipulated in Directive 2003/88/EC.

(8)

At the same time it must be recognised that the workload in inland waterway transport is influenced by several factors, such as noise, vibration and the organisation of working time. Without prejudice to the provisions of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (2), provision is made for annual health checks to protect workers, taking into account the specific working conditions in this sector.

(9)

Account should be taken of the additional demands made on crew members during night work by limiting the maximum permissible number of night-time hours and by organising work appropriately.

(10)

The inland waterway transport sector not only employs workers but also uses self-employed workers (3). Self-employed status is determined in line with the applicable national law.

(11)

The working and living conditions on passenger vessels differ from those in other forms of inland waterway transport and thus special provisions are warranted. The different social environment, different work activities and seasonal nature of this sub-sector of the European inland waterway transport sector are reflected in differences in the way in which work is organised.

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(a)

‘craft’ means a vessel or item of floating equipment;

(b)

‘passenger vessel’ means a day trip or cabin vessel constructed and equipped to carry more than 12 passengers;

(c)

‘working time’ means the time during which a worker is scheduled to work or must be available to work (on-call time) on and for the craft on the instructions of the employer or the employer's representative;

(d)

‘rest time’ means the time outside working time; this term covers rest periods on a moving craft, on a stationary craft, and on land. It does not include short breaks (of up to 15 minutes);

(e)

‘rest day’ means an uninterrupted rest period of 24 hours which the worker spends in a place of his own choosing;

(f)

‘inland waterway transport operator’ means any person operating vessels for commercial purposes in the inland waterway transport sector for their own account;

(g)

‘work schedule’ contains the planned working days and rest days communicated to the worker in advance by the employer;

(h)

‘night time’ means the time between 23:00 and 06:00;

(i)

‘night worker’ means

(j)

‘shift worker’ means any worker whose work schedule is part of shift work;

(k)

‘shipboard personnel’ is defined in accordance with definition No 103 in Article 1.01 of Annex II to Directive 2006/87/EC (4);

(l)

‘mobile worker’ means any worker employed as a member of travelling personnel by an undertaking which operates transport services for passengers or goods by inland waterway; and references to ‘workers’ in this agreement shall be interpreted accordingly;

(m)

‘season’ means a period of no more than nine consecutive months out of 12 months in which activities are tied to certain times of the year as a result of external circumstances, e.g. weather conditions or tourist demand.

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Partial rest days shall, in this calculation, be added to the minimum number of consecutive rest days and granted only as full days.

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Working time shall not exceed:

2.

Workers shall be credited with 0,2 rest days per working day. At least two rest days shall actually be granted during every period of 31 days. The remaining rest days shall be granted by agreement.

3.

Taking the previous subparagraph and Paragraph 3, subparagraph 4 into account, rest days shall be granted and the average working time of 48 hours adhered to in accordance with Paragraph 3 on the basis of collective agreements or agreements between the two sides of industry or, failing that, by national legislation.

(a)

10 hours in each 24-hour period, of which at least six hours are uninterrupted, and

(b)

84 hours in any seven-day period.

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(a)

to maintain or introduce legislative or regulatory provisions; or

(b)

to facilitate or permit the application of collective agreements or agreements between the two sides of industry