EUU, Alm.del - 2016-17 - Bilag 614: Kopi af TRU alm. del - bilag 276: Initiativet "Lex Luftfart", fra transport-, bygnings- og boligministeren

Europaudvalget 2016-17
EUU Alm.del Bilag 614
Offentligt

DRAFT PROPOSAL

Dato

J. nr.

January 2017

2016-2613

Draft proposal for targeted initiatives in the aviation sector con-

cerning fair competition

The liberalisation of the aviation market has created business opportunities for

European companies operating within the EU. The development of a competi-

tive European aviation sector has stimulated growth and employment. Fierce

competition among airlines to reduce operating costs has resulted in the emer-

gence of new business and employment models. Market liberalisation, howev-

er, has also been a driver of unfair competition giving rise to concerns about the

working conditions and social standards in the sector.

While new forms of company organisation, recruitment practices and terms of

employment appear legitimate and in compliance with current EU rules, there

are examples of EU airlines employing unfair business practices exploiting un-

intentional differences in the implementation, application and administration

by Member States of Union rules and regulations.

The Danish Government finds that steps must be taken at EU-level to secure a

level playing field for companies and to ensure acceptable working conditions

for people employed in the European aviation sector. Airlines should compete

on innovation, quality and price rather than on the basis of ‘rule shopping’ and

the exploitation of loopholes. The Danish Government is a strong supporter of

the EU internal marked and free movement of workers, however some of the

new business models and unfair employment practices can have a negative

effect on fair competition between the airline companies, social and labour

rights, wages, and overall employment standards within the aviation sector.

Legal certainty must be clearly articulated through provisions that ensure uni-

form interpretation and enforcement of the EU rules on employers and em-

ployees in the aviation sector. It should be clear to employees in which EU

Member State they are entitled to

inter alia

social security, which should

moreover not be subject to frequent changes. There should be a clear and un-

ambiguous definition of the concept of home base in the sense of employees

belonging to one home base only.

Furthermore, the working environment on board aircrafts in the EU should be

made subject to uniform, standardised rules and supervision. Consequently, all

EUU, Alm.del - 2016-17 - Bilag 614: Kopi af TRU alm. del - bilag 276: Initiativet "Lex Luftfart", fra transport-, bygnings- og boligministeren

aircraft in the EU should be subject to an oversight of the working environment

on board the aircraft. Uniform EU rules and guidelines must be provided.

Consequently, the Danish Government urges the Commission and the Member

States to closely and continuously monitor employment trends in European

Aviation and, where necessary, regulate new business and employment models

in close collaboration with the European Aviation Safety Agency (EASA).

Moreover, given the complex nature of the issues it is essential that the Com-

mission involves external as well as internal stakeholders and also in the field

of employment.

The Danish Government proposes to address the issues as aviation sector legis-

lation. A number of special circumstances apply to the aviation industry that

makes it different from other industries; a highly mobile workforce, easy relo-

cation of production facilities, the cross-border nature of airline activities, and

special circumstances that apply with regard to the concept of home base. Con-

sequently, a solution that applies only to the aviation sector is seen by the Dan-

ish Government as the more appropriate means of realising the desired effects

while causing no side-effects to other sectors.

A way to address these issues could be as amendments to Regulation (EC) No

1008/2008 of the European Parliament and the Council of 24 September 2008

on common rules for the operation of air services in the Community. Several

options for revised formulations to tackle the above mentioned challenges exist

within this piece of legislation. It is essential to find a solution that carefully

balances the various stakeholders’ legitimate concerns and at the same time

duly takes into account interactions with related legislation. To achieve this, it

is envisaged that a number of iterations and consultations will be needed be-

fore the proper legislative formulations are found.

The Danish Government will be most willing to assist in any way possible in

this work. In this context, an example of how Regulation (EC) No 1008/2008

may be amended is presented below, duly noting that – if taken further - this

suggestion will be subject to additional analysis and possible adjustments.

Side 2/4

EUU, Alm.del - 2016-17 - Bilag 614: Kopi af TRU alm. del - bilag 276: Initiativet "Lex Luftfart", fra transport-, bygnings- og boligministeren

Draft proposal for further discussions

1 The concepts of ‘home base’ and ‘[employer/employee]’

Recital 9

With respect to employees of a Community air carrier operating air services

from an operational base outside the territory of the Member State where that

Community air carrier has its principal place of business,

the Community

air carrier should appoint a stable single ‘place of business for the

[employer/employee]’ for each crew member it employs. The

Community air carrier should inform the crew member of the place

of business of the [employer/employee].

Member States should ensure

the proper application of Community and national social legislation.

Side 3/4

Recital 9a

Recruitment and employment of crew members indirectly through

employment agencies should not exempt the employer who bene-

fits from the labour (i.e. the Community air carrier) from obliga-

tions of the Community. ‘Self-employed’ who actually work for an

airline, along with employees recruited via employment agencies,

are to be regarded as being employed directly by the airline.

Article 2

For the purpose of this Regulation:

26a ’place of business for the employer[/employee]’ means a Mem-

ber State nominated by the Community air carrier to the crew

member it employs from where the crew member normally starts

and ends a duty period, or a series of duty periods, and where, un-

der normal conditions, the operator is not responsible for the ac-

commodation of the crew member concerned.

26aa ‘Crew member it employs’ means a person from which the

Community air carrier benefits from labour, regardless of whether

the recruitment is directly or through other companies.

Article 4

EUU, Alm.del - 2016-17 - Bilag 614: Kopi af TRU alm. del - bilag 276: Initiativet "Lex Luftfart", fra transport-, bygnings- og boligministeren

An undertaking shall be granted an operating license by the competent licens-

ing authority of a Member State provided that:

ii) the Community air carrier has appointed a single place of busi-

ness for the [employer/employee] for each crew member it em-

ploys

Side 4/4

2 Working environment on aircraft

Recital 4a

In order to ensure a more consistent supervision of the working

requirements on board aircraft the competent licensing authority

should ensure that Community air carriers with a valid AOC com-

ply with Council Directive 89/391/EEC of 12 June 1989 on the in-

troduction of measures to encourage improvements in the safety

and health of workers at work.

Article 4

Conditions for granting an operating license

An undertaking shall be granted an operating license by the competent licens-

ing authority of the Member State provided that:

(hh) it complies with the provision on supervision of the working

requirement on board aircraft as specified in Article 6a

Article 6a

Working requirement on board aircraft

The competent licensing authority shall ensure that the Communi-

ty air carrier with a valid AOC complies with Council Directive

89/391/ECC.