The European Parliament,

-  having regard to the Commission proposal (COM(2000) 382 - C5-0444/2000 ),

-  having regard to Articles 137, 138 and 139 of the EC Treaty,

-  having regard to the Commission Communications on the promotion of social dialogue at Community level (COM(1993) 600 and COM(1998) 322 ),

-  having regard to the framework agreement on the organisation of working time of mobile staff in civil aviation concluded on 22 March 2000 between the organisations representing management and labour in the civil aviation sector, and having regard to the decision by these organisations to call upon the Commission to submit the above agreement to the Council with a view to implementing it,

-  having regard to the Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on the organisation of working time in the sectors and activities excluded from Directive 93/104/EC of 23 November 1993 (COM(1998) 662 ), and the proposals contained therein on organisation of working time for these sectors,

-  having regard to its resolution of 2 July 1998(1) on the Commission's White Paper on sectors and activities excluded from the working time Directive (COM(1997) 334 - C4-0434/1997 ),

-  having regard to European Parliament and Council Directive 2000/34/EC of 22 June 2000 amending Council Directive 93/104/EC concerning certain aspects of the organisation of working time to cover sectors and activities excluded from that Directive(2) ,

-  having regard to Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST)(3) , and having regard to its resolution of 14 April 1999(4) on the proposal for a directive concerning that agreement,

-  having regard to Rule 47(1) of its Rules of Procedure,

-  having delegated the power of decision, pursuant to Rule 62 of its Rules of Procedure, to the Committee on Employment and Social Affairs,

-  having regard to the report of the Committee on Employment and Social Affairs (A5-0265/2000 ),

A.  whereas the civil aviation sector (along with all other transport sectors) was excluded from the provisions of Directive 93/104/EC on certain aspects of the organisation of working time,

B.  whereas the European Parliament has always found this exclusion unjustified, given that it is not supported by any scientific or social considerations,

C.  whereas in July 1997 the Commission adopted the abovementioned White Paper in order to examine the nature of these exclusions and to set out criteria with a view to finding a solution to the problem,

D.  whereas the Council and the European Parliament adopted Directive 2000/34/EC amending Council Directive 93/104/EC concerning certain aspects of the organisation of working time to cover sectors and activities excluded from that Directive,

E.  whereas the social partners initiated negotiations in the different transport sectors with a view to reaching sectoral agreements,

F.  whereas the agreement lays down 'more specific requirements' within the meaning of Article 14 of Directive 93/104/EC as regards the organisation of working time of mobile staff in civil aviation,

G.  whereas protecting workers' health and safety comes under the competence of the European Community,

H.  whereas the rules concerning working time in the civil aviation sector must not be confused with the notion of “flight and duty time limitation and rest requirements”; whereas therefore the agreement shall not prejudice any future European regulation on the flight and duty time limitations,

I.  whereas the implementation of the agreement may not be used to justify any regression in relation to the existing situation in Member States regarding health and safety at work for staff in civil aviation,

J.  whereas Article 139(2) of the EC Treaty does not provide for consultation of the European Parliament; whereas the Commission forwarded the proposal to Parliament so that it can deliver its opinion to the Commission and to the Council,

1.  Welcomes the agreement reached by AEA, ETF, ECA, ERA and IACA on the organisation of working time for workers in civil aviation, and agrees that it should be submitted to the Council;

2.  Repeats its call for an interinstitutional agreement on joint arrangements for the practical application of Articles 138(4) and 139(2) of the Treaty, and urges the Commission and Council to engage in a serious dialogue with Parliament with a view to improving the current unsatisfactory situation;

3.  Recalls that a strong link exists between occupational and operational safety in the civil aviation sector, and a high level of both is also a guarantor of protection for passengers and the environment;

4.  Asks the Commission therefore urgently to bring forward a proposal for a Regulation on flight and duty time limitations and rest requirements, with a view to maintaining high operational safety levels and the prevention of short-term crew fatigue; points out that such a regulation, together with the proposed Directive on working time, would be an indispensable instrument of the acquis communautaire in the context of a future multilateral agreement between the EU and other European countries on the establishment of a European Common Aviation Area and in the context of future enlargement;

5.  Asks therefore that the present agreement be considered as an integral part of the Multilateral agreement between the EU and other European countries on the establishment of a European Common Aviation Area;

6.  Calls on the Council to keep to the implementation period of two years proposed by the Commission, and in any case to ensure that this agreement comes into force before Directive 2000/34/EC amending Directive 93/104/EC;

7.  Reminds the Council and the Commission that the agreement contains minimum requirements, without prejudice to better standards at national level;

8.  Welcomes the provision on penalties applicable for infringements of implementation of the directive, and calls on the Member States to bring forward effective monitoring mechanisms to ensure prompt detection of non-compliance with the provisions contained in the directive;

9.  Instructs its President to forward this resolution to the Commission, the Council, AEA, ETF, ECA, ERA and IACA.

(1) OJ C 226, 20.7.1998, p. 70. (2) OJ L 195, 1.8.2000, p. 41. (3) OJ L 167, 2.7.1999, p. 33. (4) OJ C 219, 30.7.1999, p. 241.