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31992L0044

Council Directive 92/44/EEC of 5 June 1992 on the application of open network provision to leased lines

Official Journal L 165 , 19/06/1992 P. 0027 - 0036 Finnish special edition: Chapter 13 Volume 23 P. 0045  Swedish special edition: Chapter 13 Volume 23 P. 0045

COUNCIL DIRECTIVE 92/44/EEC  of 5 June 1992  on the application of open network provision to leased linesTHE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  (1) Whereas Council Directive 90/387/EEC of 28 June 1990 on the establishment of the internal market for telecommunications services through the implementation of open network provision (4), provides that the Council shall adopt specific open network  provision conditions for leased lines;  (2) Whereas in this Directive the concept of leased lines covers the offer of transparent transmission capacity between network termination points as a separate service and does not include on-demand switching or offers which form part of a switched  service offered to the public;  (3) Whereas, in accordance with Commission Directive 90/388/EEC of 28 June 1990 on competition in the markets for telecommunications services (5), Member States which maintain special or exclusive rights for the provision and operation of public  telecommunications networks shall take the necessary measures to make the conditions governing access to and use of the network objective and non-discriminatory and publish them; whereas it is necessary to harmonize which specifications should be  published and under which form, in order to facilitate the provision of competitive services using leased lines, within Member States and between Member States, and in particular the provision of services by companies, firms or natural persons  established in a Member State other than that of the company, firm or natural person for whom the services are intended;  (4) Whereas, in application of the principle of non-discrimination, leased lines shall be offered and provided on request without discrimination to all users;  (5) Whereas the principle of non-discrimination as laid down in the Treaty applies to, inter alia, availability of technical access, tariffs, quality of service, provision time (delivery period), fair distribution of capacity in case of scarcity, repair  time, availability of network information and customer proprietary information, subject to relevant regulatory provisions on data protection;  (6) Whereas a number of technical restrictions have been applied, in particular for the interconnection of leased lines among each other or for the interconnection of leased lines and public telecommunications networks; whereas such restrictions, which  impede the use of leased lines for the provision of competitive services, are not justified, as they can be replaced by less restrictive regulatory measures;  (7) Whereas, in accordance with Community law, access to and use of leased lines may only be restricted in application of essential requirements as defined in this Directive and to safeguard exclusive or special rights; whereas those restrictions must  be objectively justified, must follow the principle of proportionality and must not be excessive in relation to the aim pursued; whereas it is necessary to specify the application of these essential requirements in respect of leased lines;  (8) Whereas, in accordance with Directive 90/388/EEC which does not apply to telex, mobile radiotelephony, paging and satellite services, Member States shall withdraw all special or exclusive rights for the supply of telecommunications services other  than voice telephony; whereas this is the commercial provision for the public of the direct transport and switching of speech in real-time between public switched network termination points, enabling any user to use equipment connected to such a network  termination point in order to communicate with another termination point;  (9) Whereas Member States may, until the dates provided in Directive 90/388/EEC prohibit, as regards packet- or circuit-switched data services, economic operators from offering leased line capacity for simple resale to the public; whereas there should  be no other restriction on the use of leased lines, in particular in respect of the transmission of signals which are not originated by the user who subscribed to the leased line offering, the transmission of signals which are not finally destined for  the user who subscribed to the leased line offering, or the transmission of signals which are neither originated by nor finally destined for the user who subscribed to the leased line offering;  (10) Whereas, in accordance with Directive 90/387/EEC, the Community-wide definition of harmonized technical interfaces and access conditions must be based on the definition of common technical specifications based on international standards and  specifications;  (11) Whereas, in accordance with Directive 90/388/EEC, Member States which maintain special or exclusive rights for the provision and operation of public telecommunications networks shall ensure that those who so request can obtain leased lines within a  reasonable period;  (12) Whereas, in order to make leased lines available to a sufficient extent to users for their own use, for shared use or for the provision of services to third parties, it is necessary that Member States ensure that a harmonized set of leased lines  with defined network termination points is made available in all Member States both for communications within a Member State and between Member States; whereas it is therefore necessary to determine which type of leased lines should be included in the  harmonized set and within which time limit if they are not yet available; whereas given the dynamic technological development in this sector, it is necessary to establish a procedure for adjusting or enlarging such a set;  (13) Whereas other leased lines, in addition to the harmonized minimum set, will also be provided subject to market demand and the state of public telecommunications network; whereas the other provisions of this Directive apply to these leased lines;  whereas however it should be ensured that the provision of these other leased lines does not impede the provision of the minimum set of leased lines;  (14) Whereas in conformity with the principle of separation of regulatory and operational functions and in application of the principle of subsidiarity, the national regulatory authority of each Member State will play an important role for the  implementation of this Directive;  (15) Whereas common ordering procedures, as well as one-stop ordering and one-stop billing are needed in order to encourage the use of leased lines throughout the Community; whereas any cooperation of the telecommunications organizations in that respect  is subject to compliance with Community competition law; whereas, in particular, such procedures should respect the principle of cost orientation and should not result in any price fixing or market sharing;  (16) Whereas the implementation of one-stop ordering and one-stop billing procedures by telecommunications organizations must not prevent offers by service providers other than telecommunications organizations;  (17) Whereas, in accordance with Directive 90/387/EEC, tariffs for leased lines must be based on the following principles; they must be based on objective criteria and must follow the principle of cost-orientation, taking into account a reasonable time  needed for rebalancing; they must be transparent and properly published; they must be sufficiently unbundled in accordance with the competition rules of the Treaty and they must be non-discriminatory and guarantee equality of treatment; whereas tariffs  for leased lines provided by one or more telecommunications organization must be based on the same principles; whereas a favourable prejudice is given to a tariff based on a flat-rate periodic rental, except where other types of tariffs are justified by  cost;  (18) Whereas any charge for access to and use of leased lines must comply with the principles set out above and with the competition rules of the Treaty and must also take into account the principle of fair sharing in the global cost of the resources  used and the need for a reasonable level of return on investment which is required for the further development of the telecommunications infrastructure;  (19) Whereas, in order to ensure the application of the tariff principles set out in the previous two recitals, telecommunications organizations shall use an appropriate transparent cost accounting system which can be verified by accounting experts  ensuring the production of recorded figures; whereas such requirement can be fulfilled for example by the implementation of the principle of fully distributed costing;  (20) Whereas to enable the Commission to monitor effectively the application of this Directive, it is necessary that Member States notify to the Commission which national regulatory authority will be responsible for its implementation and provide the  relevant information requested by the Commission;  (21) Whereas the Committee referred to in Articles 9 and 10 of Directive 90/387/EEC should play an important role for the application of this Directive;  (22) Whereas disagreements between users and telecommunications organizations on the provision of leased lines will normally be solved between these parties involved; whereas it must be possible for parties to refer their case to a national regulatory  authority and the Commission in cases where this is considered necessary; whereas this does not prejudice normal application of the procedures laid down in Articles 169 and 170 and the competition rules of the Treaty;  (23) Whereas a specific procedure must be established in order to examine whether, in justified cases, the time limit set out in this Directive for the provision of a minimum set of leased lines and for the implementation of an appropriate cost  accounting system may be extended;  (24) Whereas this Directive does not apply to leased lines one network termination point of which is located outside the Community,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Scope  This Directive concerns the harmonization of conditions for open and efficient access to and use of the leased lines provided to users on public telecommunications networks, and the availability throughout the Community of a minimum  set of leased lines with harmonized technical characteristics.  Article 2  Definitions  1. The definitions given in Directive 90/387/EEC shall apply, where relevant, to this Directive.  2. In addition, for the purposes of this Directive,  - leased lines means the telecommunications facilities provided in the context of the establishment, development and operation of the public telecommunications network, which provide for transparent transmission capacity between network termination  points and which do not include on-demand switching (switching functions with the user can control as part of the leased line provision),  - ONP Committee means the Committee referred to in Articles 9 and 10 of Directive 90/387/EEC,  - users means end users and service providers, including telecommunications organizations where the latter are engaged in providing services which are or may be provided also by others,  - national regulatory authority means the body or bodies in each Member State, legally distinct and functionally independent of the telecommunications organizations, entrusted by that Member State inter alia with the regulatory functions addressed in  this Directive,  - simple resale of capacity means the commercial provision on leased lines for the public of data transmission as a separate service, including only such switching, processing, data storage or protocol conversion as is necessary for transmission in real  time to and from the public switched network,  - common ordering procedure means an ordering procedure for the procurement of intra-Community leased lines which ensures that there is commonality across the telecommunications organizations in the information that has to be suplied by the user and the  telecommunications organizations, and in the format in which the information is presented,    - one-stop-ordering is a system whereby all transactions involving a user, required for the procurement of intra-Community leased lines, supplied by more than one telecommunications organization to a single user, can be completed at one location between  the user and a single telecommunications organization,  - one-stop-billing is a system whereby the billing and payment transaction for intra-Community leased lines supplied by more than one telecommunications organization to a single user can be completed at one location between the user and a single  telecommunications organization.  Article 3  Availability of information  1. Member States shall ensure that information in respect of leased lines, offerings on technical characteristics, tariffs, supply and usage conditions, licensing and declaration requirements, and the conditions  for the attachment of terminal equipment is published in accordance with the presentation given in Annex I. Changes in existing offerings shall be published as soon as possible and, unless the national regulatory authority agrees otherwise, no later  than two months before the implementation.  2. The information referred to in paragraph 1 shall be published in an appropriate manner so as to provide easy access for users to that information. Reference shall be made in the national Official Journal of the Member State concerned to the  publication of this information.  Member States shall notify to the Commission before 1 January 1993, and thereafter in case of any change, the manner in which the information is made available. The Commission will regularly publish reference to such notifications.  3. Member States shall ensure that information concerning new types of leased line offerings will be published as soon as possible, and no later than two months before the implementation of the offering.  Article 4  Information on supply conditions  The supply conditions to be published pursuant to Article 3 shall include at least:  - information concerning the ordering procedure  - the typical delivery period, which is the period, counted from the date when the user has made a firm request for a leased line, in which 80 % of all leased lines of the same type have been put through to the customers.  This period will be established on the basis of the actual delivery periods of leased lines during a recent time interval of reasonable duration. The calculation must not include cases where late delivery periods were requested by users. For new types  of leased lines a target delivery period shall be published instead of the typical delivery period,  - the contractual period, which includes the period which is in general foreseen for the contract and the minimum contractual period which the user is obliged to accept,  - the typical repair time, which is the period, counted from the time when a failure message has been given to the responsible unit within the telecommunications organization up to the moment in which 80 % of all leased lines of the same type have been  re-established and in appropriate cases notified back in operation to the users. For new types of leased lines a target repair time period shall be published instead of the typical repair time. Where different classes of quality of repair are offered  for the same type of leased lines, the different typical repair times shall be published,  - any refund procedure.  Article 5  Conditions for the termination of offerings  Member States shall ensure that existing offerings continue for a reasonable period of time, and that termination of an offering can be done only after consultation with users affected. Without  prejudice to other rights of appeal provided for by national laws, Member States shall ensure that users can bring the case before the national regulatory authority where the users do not agree with the termination date as envisaged by the  telecommunications organization.  Article 6  Access conditions, usage conditions and essential requirements  1. Without prejudice to Articles 2 and 3 of Directive 90/388/EEC, Member States shall ensure that when access to and usage of leased lines is restricted, these restrictions are  aimed only at ensuring compliance with the essential requirements, compatible with Community law, and are imposed by the national regulatory authorities through regulatory means.  No technical restrictions shall be introduced or maintained for the intercommunication of leased lines and public telecommunications networks.  2. Where access to and use of leased lines are restricted on the basis of essential requirements, Member States shall ensure that the relevant national provisions identify which of the essential requirements listed in paragraph 3 are the basis of such  restrictions.  3. The essential requirements specified in Article 3 (2) of Directive 90/387/EEC shall apply to leased lines in the following manner:  (a) Security of network operations  A telecommunication organization may take the following measures in order to safeguard the security of network operations during the period when an emergency situation prevails:  - the interruption of the service,  - the limitation of service features,  - the denial of access to the service.  An emergency situation in this context means an exceptional case of force majeure, such as extreme weather, flood, lightning or fire, industrial action or lockouts, war, military operations, or civil disorder.  In an emergency situation the telecommunications organization shall make every endeavour to ensure that service is maintained to all users. The Member States shall ensure that the telecommunications organization immediately notifies to the users and to  the national regulatory authority the beginning and the end of the emergency as well as the nature and extent of temporary service restrictions;  (b) Maintenance of network integrity  The user has the right to be provided with a fully transparent service, in conformity with the specifications of the network termination point, which he can use in an unstructured manner as he wants, e.g. where no channel allocations are forbidden or  prescribed. There shall be no restrictions on the use of leased lines on the ground of the maintenance of network integrity, as long as the access conditions related to terminal equipment are fulfilled;  (c) Interoperability of services  Without prejudice to the application of Article 3 (5) and Article 5 (3) of Directive 90/387/EEC, the use of a leased line shall not be restricted on the grounds of the interoperability of services, when the access conditions related to terminal  equipment are fulfilled;  (d) Protection of data  In respect of data protection, Member States may restrict the use of leased lines only to the extent necessary to ensure compliance with relevant regulatory provisions on the protection of data including protection of personal data, the confidentiality  of information transmitted or stored, as well as the protection of privacy compatible with Community law.  4. Access conditions related to terminal equipment  Access conditions related to terminal equipment are considered to be fulfilled when the terminal equipment complies with the approval conditions set out for its connection to the network termination point of the type of leased line concerned, in  accordance with Directive 91/263/EEC (6).  In the case where a user's terminal equipment does not comply or no longer complies with these conditions, the provision of the leased line may be interrupted until the terminal is disconnected from the network termination point.  Member States shall ensure that the telecommunications organization immediately informs the user about the interruption, giving the reasons for the interruption. As soon as the user has ensured that the non-complying terminal equipment is disconnected  from the network termination point, the provision of the leased line shall be restored.  Article 7  Provision of a minimum set of leased lines in accordance with harmonized technical characteristics  1. Member States shall ensure that the respective telecommunications organizations separately or jointly provide a minimum set of leased lines  in accordance with Annex II, in order to guarantee a harmonized offering throughout the Community.  2. Where leased lines which implement the standards listed in Annex II are not yet available, Member States shall take the necessary measures to ensure that these types of leased lines will be implemented by the date resulting from the application of  Article 15.  3. The modifications necessary to adapt Annex II to new technical developments and to changes in market demand, including the possible deletion of certain types of leased lines from the Annex, shall be adopted by the Commission under the procedure  provided for in Article 10 of Directive 90/387/EEC, taking into account the state of development of national networks.  4. The provision of other leased lines beyond the minimum set of leased lines which must be provided by Member States shall not impede the provision of this minimum set of leased lines.  Article 8  Control by the national regulatory authority  1. Member States shall ensure that the national regulatory authority lays down the procedures whereby it decides, on a case-by-case basis and in the shortest time period, to allow or not  telecommunications organizations to take measures such as the refusal to provide a leased line, the interruption of the provision of leased lines or the reduction of the availability of leased line features for reasons of alleged failure to comply with  the usage conditions by users of leased lines. These procedures may also foresee the possibility for the national regulatory authority to authorize, a priori, specified measures in the case of defined infringements of usage conditions.  Member States shall ensure that these procedures provide for a transparent decision-making process in which due respect is given to the rights of the parties. The decision shall be taken after having given the opportunity to both parties to state their  case. The decision shall be motivated and notified to the parties within one week of its adoption: it shall not be enforced before its notification.  This provision shall not prejudice the right of the parties concerned to apply to the courts.  2. The national regulatory authority shall ensure that telecommunications organizations adhere to the principle of non-discrimination when they make use of the public telecommunications network for providing services which are or may be provided also by  other service providers. When telecommunications organizations use leased lines for the provision of services not covered by special and/or exclusive rights, the same type of leased lines must be provided to other users on request and under equal  conditions.  3. Where, in response to a particular request, a telecommunications organization considers it unreasonable to provide a leased line under its published tariffs and supply conditions, it must seek the agreement of the national regulatory authority to  vary those conditions in that case.  Article 9  Common ordering and billing procedures  1. Member States shall encourage the establishment, by 31 December 1992 at the latest, in conformity with the procedural and substantive rules of competition of the Treaty and in consultation with  users, of:  - a common ordering procedure for leased lines throughout the Community,  - a one-stop-ordering procedure for leased lines, to be applied where requested by the user,  - a one-stop-billing procedure for leased lines, to be applied where requested by the user. The procedure shall foresee that all price elements resulting from the national leased lines and the respective parts of international leased lines provided by  the telecommunications organizations involved are identified separately in the bill for the user.  2. Member States shall report to the Commission one year after this Directive is brought into effect on the results achieved with respect to the procedures provided for in paragraph 1. These results shall be examined by the ONP Committee.  Article 10  Tariffing principles and cost accounting  1. Member States shall ensure that tariffs for leased lines follow the basic principles of cost orientation and transparency in accordance with the following rules:  (a) tariffs for leased lines shall be independent of the type of application which the users of the leased lines implement;  (b) tariffs for leased lines shall normally contain the following elements:  - an initial connection charge,  - a periodic rental charge, i.e. a flat-rate element.  When other tariff elements are applied, these must be transparent and based on objective criteria;  (c) tariffs for leased lines apply to the facilities provided between network termination points at which the user has access to the leased lines.  For leased lines provided by more than one telecommunications organization, half-circuit tariffs, i.e. from one network termination point to a hypothetical mid-circuit point, can be applied.  2. Member States shall ensure that their telecommunications organizations formulate and put in practice, by 31 December 1993 at the latest, a cost accounting system suitable for the implementation of paragraph 1.   Without prejudice to the last subparagraph, the system referred to in the first subparagraph shall include the following elements:  (a) the costs of leased lines shall in particular include the direct costs incurred by the telecommunications organizations for setting up, operating and maintaining leased lines, and for marketing and billing of leased lines;  (b) common costs, that is costs which can neither be directly assigned to leased lines nor to other activities, are allocated as follows:  (i) whenever possible, common cost categories shall be allocated based upon direct analysis of the origin of the costs themselves;  (ii) when direct analysis is not possible, common cost categories shall be allocated based upon an indirect linkage to another cost category or group of cost categories for which a direct assignment or allocation is possible. The indirect linkage shall  be based on comparable cost structures;  (iii) when neither direct nor indirect measures of cost allocation can be found, the cost category shall be allocated based upon a general allocator computed by using the ratio of all expenses directly assigned or allocated to, on the one hand, services  which are provided under special or exclusive rights and, on the other hand, to other services.  After 31 December 1993, other cost accounting systems may be applied only if they are suitable for the implementation of paragraph 1 and have as such been approved by the national regulatory authority for application by the telecommunications  organization, subject to the Commission being informed prior to their application.  3. The national regulatory authority shall keep available, with an adequate level of detail, information on the cost accounting systems applied by the telecommunications organizations pursuant to paragraph 2. It shall submit this information to the  Commission on request.  Article 11  Notification and reporting  1. Member States shall notify before 1 January 1993 to the Commission their national regulatory authority as defined in Article 2, fourth indent.  2. The national regulatory authority shall make available statistical reports showing the performance in relation to the supply conditions, in particular with respect to delivery time and repair time, published in accordance with Article 3 at least for  each calendar year. The reports shall be sent to the Commission no later than five months after the end of the annual reporting period.  The national regulatory authority shall keep available and submit to the Commission on request the data on cases where the access to or use of leased lines has been restricted, in particular because of alleged infringements of special or exclusive  rights or the prohibition of simple resale of capacity, as well as details of the measures taken, including their motivation.  Article 12  Conciliation procedure  Without prejudice to:  (a) any action that the Commission or any Member State might take pursuant to the Treaty, and in particular Articles 169 or 170 thereof;  (b) the rights of the person invoking the procedure in paragraphs 1 to 5 of this Article of the telecommunications organizations concerned or any other person under applicable national law, except in so far as they enter into an agreement for the  resolution of issues between them;  the following conciliation procedure shall be available to the user:  1. Any user complaining that he has been or may be injured by the infringement of the provisions of this Directive, particularly regarding intra-Community leased lines, shall have the right to appeal to the national regulatory authority or authorities.   2. Where agreement cannot be reached at a national level, the aggrieved party may invoke the procedure provided for in paragraphs 3 and 4, by way of a written notification to the national regulatory authority and the Commission.  3. Where the national regulatory authority or the Commission finds that there is a case for further examination, following a notification based on paragraph 2, it can refer it to the Chairman of the ONP Committee.  4. In the case referred to in paragraph 3, the Chairman of the ONP Committee shall initiate the procedure described below if he is satisfied that all reasonable steps have been taken at a national level:  (a) the Chairman of the ONP Committee shall convene as soon as possible a working group including at least two members of the ONP Committee and one representative of the national regulatory authorities concerned and the Chairman of the ONP Committee or  another official of the Commission appointed by him. The working group shall normally meet within 10 days of the meeting being convened. The Chairman may decide, upon proposal of any of the members of the working group, to invite a maximum of two other  persons as experts to advise it.  (b) the working group shall give the party invoking this procedure, the national regulatory authorities of the Member States, and the telecommunications organizations involved the opportunity to present their opinions in oral or written form;  (c) the working group shall endeavour to reach agreement between the parties involved. The Chairman shall inform the ONP Committee of the results of this procedure.  5. The party invoking the procedure referred to in this Article shall bear its own costs of participating in this procedure.  Article 13  Deferment of certain obligations  1. When a Member State is not able to or can foresee that it will not be able to fulfil the requirements of Article 7 (1) or (2) or Article 10 (1) or (2), it shall notify the Commission of the reasons.  2. Deferment of the obligations under Article 7 (1) or (2) can be accepted only in cases where the Member State concerned can prove that the actual state of development of its public telecommunications network or the conditions of demand are such that  the obligations under Article 7 would impose an excessive burden on the telecommunications organization in that Member State.  3. Deferment of the obligations under Article 10 (1) or (2) can be accepted only in cases where the Member State concerned can prove that the fulfilment of the requirements would impose an excessive burden on the telecommunications organization in that  Member State.  4. The Member State shall inform the Commission of the date by which the requirements can be met and of the measures envisaged in order to meet this deadline.  5. When the Commission receives a notification in accordance with paragraph 1, it shall inform the Member State whether it deems that the particular situation of the Member State concerned justifies, on the basis of criteria set out in paragraphs 2 and  3, a deferment for this Member State of the application of Article 7 (1) or (2) of Article 10 (1) or (2) and until which date such deferment is justified.  6. No deferment can be granted in application of paragraph 2 where the non-compliance with Article 7 results from activities of telecommunications organizations of the Member State concerned in competitive areas within the meaning of Community law.  Article 14  The Commission shall examine and report to the European Parliament and to the Council on the functioning of this Directive, on the first occasion not later than three years after this Directive is brought into effect. The report shall be  based inter alia on the information provided by the Member States to the Commission and to the ONP Committee. Where necessary, further measures can be proposed in the report for the full implementation of the aims of the Directive.  Article 15  1. Member States shall take the measures necessary to comply with this Directive before 5 June 1993. They shall forthwith inform the Commission thereof.  When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member  States.  2. Member States shall inform the Commission of the main provisions of national law which they adopt in the field governed by this Directive.  Article 16  This Directive is addressed to the Member States. Done at Luxembourg, 5 June 1992. For the Council  The President  Joaquim FERREIRA DO AMARAL   (1) OJ No C 58, 7. 3. 1991, p. 10. (2) OJ No C 305, 25. 11. 1991, p. 61 and Decision of 13 May 1992 (not yet published in the Official Journal). (3) OJ No C 269, 14. 10. 1991, p. 30. (4) OJ No L 192, 24. 7. 1990, p. 1. (5) OJ No L 192, 24. 7.  1990, p. 10. (6) Council Directive 91/263/EEC of 29 April 1991 on the approximation of the laws of the Member States concerning telecommunications terminal equipment, including the mutual recognition of their conformity (OJ No L 128, 23. 5. 1991, p. 1).    ANNEX I PRESENTATION OF THE INFORMATION TO BE PROVIDED IN RESPECT OF LEASED LINES IN ACCORDANCE WITH ARTICLE 3 (1)  The information referred to in Article 3 (1) of this Directive shall follow the presentation given below:  A. Technical characteristics  The technical characteristics include the physical and electrical characteristics as well as the detailed technical and performance specifications which apply at the network termination point, without prejudice to Council Directive 83/189/EEC of 28  March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations (1). Clear reference shall be made to the standards implemented.  B. Tariffs  The tariffs include the initial connection charges, the periodic rental charges, and other charges. Where tariffs are differentiated, e.g. for reasons of different levels of quality of service or the number of leased lines provided to a user (bulk  provision), this must be indicated.  C. Supply conditions  The supply conditions include at least the elements defined in Article 4 (1).  D. Licensing requirements  The information on licensing requirements, licensing procedures and/or licensing conditions provides a complete overview of all factors which have an impact on the usage conditions set out for leased lines. It shall include the following information,  where applicable:  1. a clear description of the service categories for which the licensing procedures have to be followed and for which the licensing conditions have to be met by the user of the leased line or by his customers;  2. information on the character of the licensing conditions, in particular whether such licence is of a general nature which does not require individual registration and/or authorization, or whether the licensing conditions require registration and/or  authorization on an individual basis;  3. a clear indication of the validity in time of the licence, including a review date, where applicable;  4. the conditions resulting from the application of the essential requirements in conformity with Article 6;  5. other obligations which the Member States may impose on the users of leased lines in accordance with Directive 90/388/EEC as regards packet- or circuit-switched data services, requiring the adherence to conditions of permanence, availability, or  quality of service;  6. a clear reference to conditions aiming at the enforcement of the prohibition to provide services for which exclusive and/or special rights have been maintained by the Member State concerned in conformity with Community law;  7. a list referring to all documents containing licensing conditions which the Member State imposes on the users of leased lines when these are using leased lines for the provision of services to others.  E. Conditions for the attachment of terminal equipment  The information on the attachment conditions includes a complete overview of the requirements which terminal equipment to be attached to the relevant leased line has to fulfil in accordance with Directive 91/263/EEC.    (1) OJ No L 109, 26. 4. 1983, p. 8. Directive last amended by Commission Decision 90/230/EEC (OJ No L 128, 18. 5. 1990, p. 15).    ANNEX II DEFINITION OF A MINIMUM SET OF LEASED LINES WITH HARMONIZED TECHNICAL CHARACTERISTICS, IN ACCORDANCE WITH ARTICLE 7, TO BE PROVIDED AS SOON AS POSSIBLE AND NOT LATER THAN THE DATE ON WHICH THIS DIRECTIVE IS BROUGHT INTO EFFECT      Leased line type  Technical characteristics (1)     Interface specifications  Performance specifications      Ordinary quality voice bandwidth  2 or 4 wire analogue  CCITT M. 1040      Special quality voice bandwidth  2 or 4 wire analogue   CCITT M. 1020/M. 1025      64 kbit/s digital  CCITT G. 703 (2)  Relevant CCITT G. 800 series recommendations      2 048 kbit/s digital  unstructured  CCITT G. 703  Relevant CCITT G. 800 series recommendations      2 048 kbit/s digital  structured  CCITT G. 703 and G. 704  (excluding section 5) (3)  Relevant CCITT G. 800 series recommendations  In-service monitoring (4)     (1) The CCITT recommendations referenced refer to the 1988 version. ETSI has been requested to carry out further work on standards for leased lines.  (2) The majority of applications are converging towards the G. 703 specification. For an interim period, leased lines may be provided using other interfaces, based on X.21 or X.21 (a), instead of G. 703.  (3) With cyclic redundancy checking in accordance with CCITT G. 706.  (4) In-service monitoring can facilitate improved maintenance by the telecommunications organization.   For the types of leased lines listed above, the specifications referred to also define the network termination points (NTPs), in accordance with the definition given in Article 2 of Directive 90/387/EEC.


title: Commission Directive 2010/79/EU of 19 November 2010 on the adaptation to technical progress of Annex III to Directive 2004/42/EC of the European Parliament and of the Council on the limitation of emissions of volatile organic compounds

text:
               20.11.2010

               EN

               Official Journal of the European Union

               L 304/18

         COMMISSION DIRECTIVE 2010/79/EU
   of 19 November 2010
   on the adaptation to technical progress of Annex III to Directive 2004/42/EC of the European Parliament and of the Council on the limitation of emissions of volatile organic compounds
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2004/42/EC of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC (1), and in particular Article 11 thereof,
   Whereas:

               (1)

               The analytical methods set out in Annex III to Directive 2004/42/EC should be used to determine, for the products contained in Annex I to the Directive, compliance with the limits for the maximum permitted content of volatile organic compounds (hereinafter, ‘VOC’) set out in Annex II to the Directive. Those methods should be adapted to technical progress.

               (2)

               The ISO method 11890-2 was revised by the International Standards Organization in 2006 and the new version should be integrated into Annex III to Directive 2004/42/EC.

               (3)

               ISO method 11890-2 states that where reactive diluents are not part of the formulation of the product and where the VOC content is equal to or greater than 15 % by mass, the simpler and less expensive ISO method 11890-1 is an acceptable alternative. That method should, therefore, be permitted by Directive 2004/42/EC so as to reduce the testing costs for the Member States and economic operators affected by that Directive.

               (4)

               Directive 2004/42/EC should be amended accordingly.

               (5)

               The measures provided for in this Directive are in accordance with the opinion of the Committee referred to in Article 12(3) of Directive 2004/42/EC,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex III to Directive 2004/42/EC is replaced by the Annex to this Directive.
   Article 2
   Transposition
   1.   Member States shall adopt and publish, by 10 June 2012 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
   When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 4
   This Directive is addressed to the Member States.

      Done at Brussels, 19 November 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 143, 30.4.2004, p. 87.

      ANNEX

            ‘ANNEX III

               METHODS REFERRED TO IN ARTICLE 3(1)

            Permitted method for products with VOC content below 15 % by mass where reactive diluents are not present:

                        Parameter

                        Unit

                        Test

                        Method

                        Date of publication

                        VOC content

                        g/l

                        ISO 11890-2

                        2006

                  Permitted methods for products with VOC content equal to or greater than 15 % by mass where reactive diluents are not present:

                        Parameter

                        Unit

                        Test

                        Method

                        Date of publication

                        VOC content

                        g/l

                        ISO 11890-1

                        2007

                        VOC content

                        g/l

                        ISO 11890-2

                        2006

                  Permitted method for products with VOC content where reactive diluents are present:

                        Parameter

                        Unit

                        Test

                        Method

                        Date of publication

                        VOC content

                        g/l

                        ASTMD 2369

                        2003’


title: Council Directive 2014/112/EU of 19 December 2014 implementing the European Agreement concerning certain aspects of the organisation of working time in inland waterway transport, concluded by the European Barge Union (EBU), the European Skippers Organisation (ESO) and the European Transport Workers' Federation (ETF)  Text with EEA relevance

text:
               23.12.2014

               EN

               Official Journal of the European Union

               L 367/86

         COUNCIL DIRECTIVE 2014/112/EU
   of 19 December 2014
   implementing the European Agreement concerning certain aspects of the organisation of working time in inland waterway transport, concluded by the European Barge Union (EBU), the European Skippers Organisation (ESO) and the European Transport Workers' Federation (ETF)
   (Text with EEA relevance)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 155(2) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Management and labour, hereinafter referred to as ‘the social partners’, may, in accordance with Article 155(2) of the Treaty on the Functioning of the European Union (TFEU), jointly request that agreements concluded by them at Union level in matters covered by Article 153 TFEU be implemented by a Council decision on a proposal from the Commission.

               (2)

               By letter of 10 December 2007, the European Barge Union (EBU), the European Skippers Organisation (ESO) and the European Transport Workers' Federation (ETF) informed the Commission of their desire to enter into negotiations in accordance with Article 155(1) TFEU with a view to concluding an agreement at Union level.

               (3)

               On 15 February 2012, EBU, ESO and ETF concluded a European Agreement concerning certain aspects of the organisation of working time in inland waterway transport (‘the Agreement’).

               (4)

               The Agreement included a joint request that the Agreement be implemented by means of a Council decision on a proposal from the Commission in accordance with Article 155(2) TFEU.

               (5)

               The appropriate instrument for implementing the Agreement is a directive.

               (6)

               The Commission has informed the European Parliament of its proposal.

               (7)

               The Commission drafted its proposal for a Directive, in accordance with its Communication of 20 May 1998 on adapting and promoting the social dialogue at Community level, taking into account the representative status of the signatory parties and the legality of each paragraph of the Agreement.

               (8)

               In order to contribute to a coherent legal framework with regard to the organisation of working time, the implementation of this Directive should take into account existing Union legislation and, given the content of the Agreement, in particular Directive 2003/88/EC of the European Parliament and of the Council (1). That Directive lays down minimum health and safety requirements for the organisation of working time, including that of workers in the inland waterway transport.

               (9)

               It should be possible for the Member States to entrust social partners, at their joint request, with the implementation of this Directive, provided the Member States take all steps necessary to ensure that the objectives of this Directive can be met.

               (10)

               For the purposes of Article 14 of Directive 2003/88/EC, this Directive and the Agreement annexed hereto lay down more specific requirements relating to the organisation of the working time for mobile workers in inland waterway transport than those of that Directive.

               (11)

               This Directive should apply without prejudice to any Union legislation which is more specific or which grants a higher level of protection to mobile workers in inland waterway transport.

               (12)

               This Directive should not be used to justify a reduction in the general level of protection of workers in the fields covered by the Agreement.

               (13)

               This Directive and the Agreement annexed hereto lay down minimum standards. The Member States and the social partners should be able to maintain or introduce more favourable provisions.

               (14)

               This Directive respects the fundamental rights and principles recognised by in the Charter of Fundamental Rights of the European Union, and in particular Article 31 thereof.

               (15)

               Since the objectives of this Directive, which is intended to protect health and safety of workers in a predominantly cross-border sector, cannot be sufficiently achieved by the Member States, but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

               (16)

               The implementation of the Agreement contributes to achieving the objectives under Article 151 TFEU.

               (17)

               According to the settled case-law of the Court of Justice of the European Union (2), the fact that an activity referred to in a directive does not yet exist in a Member State cannot release that Member State from its obligation to adopt laws or regulations in order to ensure that all the provisions of the directive are properly transposed. Both the principle of legal certainty and the need to secure the full implementation of directives in law and not only in fact require that all Member States reproduce the rules of the directive concerned within a clear, precise and transparent framework providing for mandatory legal provisions. Such an obligation applies to Member States in order to anticipate any change in the situation existing in them at a given point in time and in order to ensure that all legal persons in the Community, including those in Member States in which a particular activity referred to in a directive does not exist, may know with clarity and precision, what are, in all circumstances, their rights and obligations. According to case-law, it is only where transposition of a directive is pointless for reasons of geography that it is not mandatory. Member States should in such cases inform the Commission thereof.

               (18)

               In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents (3), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   This Directive implements the European Agreement concerning certain aspects of the organisation of working time in inland waterway transport, concluded on 15 February 2012 by the European Barge Union (EBU), the European Skippers Organisation (ESO) and the European Transport Workers' Federation (ETF), as set out in the Annex hereto.
   Article 2
   1.   Member States may maintain or introduce provisions more favourable than those laid down in this Directive.
   2.   The implementation of this Directive shall under no circumstances constitute sufficient grounds for justifying a reduction in the general level of protection of workers in the fields covered by this Directive. This shall be without prejudice to the rights of Member States and social partners to lay down, in the light of changing circumstances, legislative, regulatory or contractual arrangements different from those prevailing at the time of the adoption of this Directive, provided that the minimum requirements laid down in this Directive are complied with.
   3.   The application and interpretation of this Directive shall be without prejudice to any Union or national provision, custom or practice providing for more favourable conditions for the workers concerned.
   Article 3
   Member States shall determine what penalties are applicable when national provisions enacted pursuant to this Directive are infringed. The penalties shall be effective, proportionate and dissuasive.
   Article 4
   1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2016 at the latest. They shall forthwith inform the Commission thereof.
   When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 5
   This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 6
   This Directive is addressed to the Member States.

      Done at Brussels, 19 December 2014.

            For the Council

            The President

         S. GOZI

      (1)  Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9).

      (2)  See, inter alia, the Judgment of the Court of Justice of 14 January 2010 in Case C-343/08, Commission v Czech Republic ([2010] ECR I-275).

      (3)  OJ C 369, 17.12.2011, p. 14.

      ANNEX
      European agreement concerning certain aspects of the organisation of working time in inland waterway transport
      Whereas:

                  (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.

            Pursuant to the Treaty on the Functioning of the European Union, and in particular Articles 154 and 155(2) thereof, the undersigned jointly request that this agreement concluded at EU level be implemented by a Council decision on a proposal by the Commission. The signatory parties have agreed the following:

         Paragraph 1

         Scope

                  1.

                  This agreement shall apply to mobile workers employed as members of the navigation personnel (crew members) or in another function (shipboard personnel) on board a craft operated within the territory of a Member State in the commercial inland waterway transport sector.

                  2.

                  Inland waterway transport operators shall not be considered workers within the meaning of this agreement, even if they have the status of workers in their own undertaking.

                  3.

                  This agreement shall be without prejudice to national or international provisions concerning the safety of shipping that apply to mobile workers and to the persons referred to in Paragraph 1.2.

                  4.

                  Where there are differences in respect of rest periods for mobile workers between this agreement and any national or international provisions concerning the safety of shipping, those provisions that offer a higher degree of protection to the health and safety of workers shall take precedence.

                  5.

                  Mobile workers who are employed on board a craft operated within the territory of a Member State outside the commercial inland waterway transport sector and whose working conditions are the subject of collective bargaining and wage agreements concluded between employers' and workers' organisations may be covered by this agreement after these employers' and workers' organisations have been consulted and have given their consent, where the provisions of this agreement are more favourable to workers.

         Paragraph 2

         Definitions

      For the purposes of this agreement, the following definitions apply:

                  (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

                              (aa)

                              on the one hand, any worker who, during night time, works at least three hours of their daily working time as a normal course;

                              (bb)

                              on the other hand, any worker who is likely during night time to work a certain proportion of their annual working time, as defined at the choice of the Member State concerned:

                                          (aaa)

                                          by national legislation, following consultation with the two sides of industry,
                                          or

                                          (bbb)

                                          by collective agreements or agreements concluded between the two sides of industry at national or regional level

                  (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.

         Paragraph 3

         Working time and reference period

                  1.

                  Without prejudice to Paragraph 4, the working hours standard is based on an eight-hour day.

                  2.

                  Working time may be extended in accordance with Paragraph 4 provided that an average of 48 hours per week is not exceeded within 12 months (the reference period).

                  3.

                  The maximum working time in the reference period is 2 304 hours (calculation basis: 52 weeks minus a minimum four weeks' leave x 48 hours). Periods of paid annual leave and periods of sick leave shall not be included in the calculation of the average or shall be neutral. Rest time entitlements resulting from statutory public holidays shall also be deducted.

                  4.

                  For employment relationships with a duration of less than the reference period, the maximum permissible working time shall be calculated pro rata.

         Paragraph 4

         Daily and weekly working time

                  1.

                  Working time shall not exceed:

                              (a)

                              14 hours in any 24-hour period; and

                              (b)

                              84 hours in any seven-day period.

                  2.

                  If, according to the work schedule, there are more working days than rest days, an average weekly working time of 72 hours shall not be exceeded over a four-month period.

         Paragraph 5

         Working days and rest days

                  1.

                  No more than 31 days may be worked consecutively.

                  2.

                  If, according to the work schedule, the number of working days is no more than the number of rest days, consecutive working days shall be followed immediately by the same number of consecutive rest days. Exceptions to the number of consecutive rest days to be granted immediately shall be allowed on condition that:

                              (a)

                              the maximum number of 31 consecutive working days is not exceeded, and

                              (b)

                              the minimum number of consecutive rest days referred to in 3.a), 3.b) or 3.c) is granted immediately after the consecutive working days worked, and

                              (c)

                              the extended or exchanged period of working days is balanced out within the reference period.

                  3.

                  If, according to the work schedule, there are more working days than rest days, the minimum number of consecutive rest days which immediately follow the consecutive working days shall be:

                              (a)

                              1st to 10th consecutive working day: 0,2 rest days per consecutive working day (e.g. 10 consecutive working days = 2 rest days);

                              (b)

                              11th to 20th consecutive working day: 0,3 rest days per consecutive working day (e.g. 20 consecutive working days = 5 rest days);

                              (c)

                              21st to 31st consecutive working day: 0,4 rest days per consecutive working day (e.g. 31 consecutive working days = 9,4 rest days).

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

         Paragraph 6

         Seasonal work on passenger vessels

      Notwithstanding the provisions of paragraphs 4 and 5 of this agreement, the following provisions may be applied to all workers employed on board a passenger vessel during the season:

                  1.

                  Working time shall not exceed:

                              (a)

                              12 hours in any 24-hour period; and

                              (b)

                              72 hours in any seven-day period.

                  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.

         Paragraph 7

         Rest periods

      Workers shall have regular rest periods which are sufficiently long and continuous and the duration of which is expressed in units of time in order to ensure that, as a result of fatigue or irregular working patterns, workers do not cause injury to themselves, to fellow workers or to others and that they do not damage their health, either in the short term or in the longer term.
      Rest periods shall not be less than:

                  (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.

         Paragraph 8

         Breaks

      Any worker whose daily working time exceeds six hours is entitled to a rest break, the details of which, including duration and the terms on which it is granted, shall be laid down in collective agreements or agreements between the two sides of industry or, failing that, by national legislation.

         Paragraph 9

         Maximum working time during night time

      Based on a night time of seven hours, the maximum weekly working time during night time shall be 42 hours per seven day period.

         Paragraph 10

         Annual leave

      Every worker shall be entitled to paid annual leave of at least four weeks, or to a corresponding proportion thereof if the period of employment is less than one year, in accordance with the conditions for entitlement to and granting of such leave laid down by national legislation and/or national practice.
      The minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated.

         Paragraph 11

         Protection of minors

                  1.

                  Workers under the age of 18 shall be covered by the provisions of Directive 94/33/EC on the protection of young people at work (5).

                  2.

                  By way of exception, Member States may, by legislative or regulatory provision, authorise work by young people over the age of 16 who are no longer subject to compulsory full-time schooling under national law during the period in which night work is prohibited under Directive 94/33/EC if this is necessary in order to achieve the objective of a recognised training course and provided that they are allowed suitable compensatory rest time and that the objectives set out in Article 1 of Directive 94/33/EC are not called into question.

         Paragraph 12

         Verifications

                  1.

                  Records shall be kept of each worker's daily working time and rest time, in order to be able to verify compliance with the provisions of Paragraphs 3, 4, 5, 6, 7, 9, 10, 11 and 13.

                  2.

                  These records shall be kept on board until at least the end of the reference period.

                  3.

                  The records shall be examined and endorsed at appropriate intervals (no later than by the end of the following month) jointly by the employer or employer's representative and by the worker.

                  4.

                  The records shall contain the following minimum information:

                              (a)

                              name of the vessel,

                              (b)

                              name of the worker,

                              (c)

                              name of the competent boatmaster,

                              (d)

                              date,

                              (e)

                              working day or rest day,

                              (f)

                              beginning and end of the daily working or rest periods.

                  5.

                  Workers shall be given a copy of the endorsed records relating to them. They shall keep these with them for one year.

         Paragraph 13

         Emergency situations

                  1.

                  The boatmaster of a vessel or his representative shall have the right to require a worker to perform any hours of work necessary for the immediate safety of the craft, persons on board or cargo or for the purpose of giving assistance to other vessels or persons in distress.

                  2.

                  In accordance with subparagraph 1, the boatmaster or his representative may require a worker to perform any hours of work necessary until the normal situation has been restored.

                  3.

                  As soon as is practicable after the normal situation has been restored, the boatmaster or his representative shall ensure that all workers who have performed work in a scheduled rest period are provided with an adequate period of rest.

         Paragraph 14

         Health assessment

                  1.

                  All workers shall be entitled to an annual health assessment free of charge. During this assessment, particular attention shall be paid to identifying symptoms or conditions which could be a result of work on board with minimum daily rest periods and/or minimum rest days in accordance with Paragraphs 5 and 6.

                  2.

                  Night workers suffering from health problems recognised as being connected with the fact that they perform night work shall be transferred whenever possible to day work to which they are suited.

                  3.

                  The free health assessment shall comply with medical confidentiality.

                  4.

                  The free health assessment may be performed under the national health system.

         Paragraph 15

         Safety and health protection

                  1.

                  Night workers and shift workers shall have safety and health protection appropriate to the nature of their work.

                  2.

                  Appropriate protection and prevention services or facilities with regard to the safety and health of night workers and shift workers shall be equivalent to those applicable to other workers and available at all times.

         Paragraph 16

         Pattern of work

      An employer who intends to organise work according to a certain pattern takes account of the general principle of adapting work to the worker, with a view, in particular, to alleviating monotonous work and work at a predetermined work-rate, depending on the type of activity, and of safety and health requirements, especially as regards breaks during working time.

         Paragraph 17

         Closing provisions

      1.   More favourable provisions
      This agreement shall be without prejudice to the right of Member States

                  (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

            which are more favourable to the protection of the health and safety of workers than the provisions set out in this agreement.
      2.   Non-regression clause
      The implementation of this agreement shall under no circumstances constitute sufficient grounds for justifying a reduction in the general level of protection of workers covered by this agreement.
      3.   Follow-up to the agreement
      Both sides of industry shall monitor the implementation and application of this agreement in the context of the sectoral dialogue committee for inland waterway transport, particularly with regard to occupational health issues.
      4.   Review
      The parties shall review the above provisions two years after the end of the implementation period laid down in the Council Decision putting this agreement into effect.

         Done at Brussels, 15 February 2012.

               European Barge Union (EBU)

               European Skippers Organisation (ESO)

               European Transport Workers' Federation (ETF)

         (1)  See Communication from the Commission on the promotion of inland waterway transport ‘Naiades’, COM(2006) 6 final, 17.1.2006.

         (2)  OJ L 183, 29.6.1989, p. 1.

         (3)  See Communication from the Commission COM(2010) 373 final, 13.7.2010: Reaffirming the free movement of workers: rights and major developments, section 1.1.

         (4)  Directive 2006/87/EC of the European Parliament and of the Council of 12 December 2006 laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC (OJ L 389, 30.12.2006, p. 1-260).

         (5)  OJ L 216, 20.8.1994, p. 12.