Directive 2003 /88/EC of the European Parliament and of the Council of 4 November 2003 on certain aspects of the organisation of working time includes in the field of transport transport in the sector railway. It provides for the possibility of derogations from Articles 3, 4, 5, 8 and 16 for persons working in the railway sector whose working time is carried out on board trains. On 27 January 2004, the Community of European Railways (CER) and the European Transport Workers ' Federation (ETF) reached an agreement on certain aspects of the conditions for the provision of service for mobile workers. which carry out cross-border interoperability services and have requested their application on the basis of a Council decision adopted on a proposal from the European Commission, as provided for in Article 139 of the EC Treaty. Council Directive 2005 /47/EC of 18 July 2005 on the agreement between the Community of European Railways (CER) and the European Transport Workers ' Federation (ETF) on certain aspects of the working conditions of mobile workers who carry out cross-border interoperability services in the railway sector, apply the said Agreement and grant it the own strength of the directives. Directive 2003 /88/EC continues to apply to mobile workers performing cross-border interoperability services, with the exception of the more specific measures contained in Directive 2005 /47/EC and the Agreement annexed to the Directive. itself. When it comes to incorporating the directive into our legal system, it must be borne in mind that Spain already has specific regulations governing working time in the rail transport sector: Articles 8 and 9 of the Royal Decree 1561/1995 of 21 September 1995 on special working days, which are generally applicable to the transport sector, and Article 13 thereof, which applies in particular to rail transport. Royal Decree 1561/1995 was approved under the authorization granted to the Government in Articles 34.7, 36.1 and 37.1 of the Law of the Workers ' Statute, recast text approved by Royal Legislative Decree 1/1995 of 24 March. Directive 2005 /47/EC, which is consistent with the Agreement, on the one hand, has a smaller scope than the rail transport sector and, on the other, lays down more detailed rules for that area than those laid down for the sector in question. their assembly. Some specific aspects of Directive 2005 /47/EC which are not fully incorporated or reflected in the current Spanish law are thus appearing. This makes it necessary to make specific amendments to the Spanish legislation on working time to fully incorporate the directive into Spanish law. The full incorporation of Directive 2005 /47/EC is the subject of this royal decree, which is designed to amend Royal Decree 1561/1995 on the working conditions of mobile workers carrying out interoperability services. cross-border in the rail transport sector and which is dictated by making use of the same authorisation as the basis for approving the rule which is now being amended. The royal decree, in line with the provisions of Directive 2005 /47/EC, is aimed at strengthening the safety and health of mobile workers who carry out cross-border interoperability services in the rail transport sector, in the the prospect of completion of the internal market and of facilitating adaptation to its conditions of competition. In this direction the establishment of a maximum driving time and the precise determination of daily breaks, weekly and during the day as well as the registration of working hours and rest are oriented. In any case, it is a question of minimum requirements which do not affect the maintenance of more favourable working conditions for workers under collective agreements or agreements, contracts of employment or decisions of the Member States. companies included in their scope of application. The royal decree consists of a single article which adds to the Royal Decree 1561/1995 of 21 September, a new additional provision, the seventh. The new additional provision seventh begins by defining the scope to which it will apply, which is that of cross-border interoperability services in the rail transport sector and within the same that of mobile workers as carry out those services. It also incorporates the specific characteristics of daily breaks, weekly and during the time and driving time provided for in the directive and not reflected until now in our order. The royal decree is completed with the provisions of the final part: a repeal and four endings. In the process of this royal decree, the trade union organizations and the most representative business associations have been consulted. The project has also been reported favourably by the National Land Transport Council. In its virtue, on the proposal of the Ministers of Labour and Immigration and of Promotion, in agreement with the Council of State and after deliberation in the Council of Ministers at its meeting on September 26, 2008,

D I S P O N G O:

Single item. Amendment of Royal Decree 1561/1995 of 21 September 1995 on special working days.

Royal Decree 1561/1995, of 21 September, on special working days, is amended by the addition of an additional provision seventh, with the following wording:

" Additional provision seventh. Aspects of the working conditions of mobile workers engaged in cross-border interoperability services in rail transport.

1. This provision shall apply to working conditions which are regulated in the following sections of mobile railway workers carrying out cross-border interoperability services provided by railway undertakings. In the absence of this provision, subsection 3 of Section 4. of Chapter II of this royal decree on rail transport will be applicable.

The working conditions here shall not apply to the traffic of local and regional cross-border travellers or to the traffic of cross-border goods which does not exceed 15 kilometres beyond the border. Nor shall they be applicable, as a national transport operation, in respect of trains of cross-border relations, the start and end of which takes place in the Spanish railway infrastructure even if they use the infrastructure of another State without making stops. 2. For the purposes of this provision,

following definitions shall apply:

(a) Cross-border interoperability services: cross-border services for which railway undertakings are required at least two safety certificates, in accordance with the requirements laid down in the Regulation; on safety in the movement of the Network of General Interest, approved by Royal Decree 810/2007 of 22 June.

(b) Mobile worker who performs cross-border interoperability services: any worker who is a member of the crew of a train that performs cross-border interoperability services for more than one hour of their journey daily. (c) Driver or driver: any worker driving a driving vehicle. (d) Driving time: the duration of a scheduled activity during which the driver is responsible for the driving of a traction vehicle, excluding the time provided for putting into service and for the putting off of service of the vehicle. It includes the programmed interruptions in which the driver remains responsible for driving the traction vehicle.

3. The daily rest at the address shall be at least 12 consecutive hours within each 24-hour period.

This duration can be reduced to nine hours once every seven days. In such a case, the difference up to the twelve hours of daily rest shall be compensated by adding the hours corresponding to the following daily rest at home. A reduced daily break may not be established between two daily breaks outside the home. 4. The daily rest outside the address shall be at least eight consecutive hours within each 24-hour period. This rest will always be followed by a daily rest at home. However, by collective bargaining, a second consecutive break may be agreed outside the home as well as the way to compensate for the difference between the eight hours and the twelve hours of daily rest. Mobile workers shall be provided for rest outside the home of places which meet the necessary health and safety conditions and allow rest in appropriate conditions of comfort. 5. Every mobile worker included in this provision must enjoy a minimum weekly rest period uninterrupted as provided for in Article 37.1 of the Workers ' Statute, guaranteeing the mobile worker every year. four weekly rest periods of 24 hours; of these, at least 12 will be double breaks of forty-eight hours, which will comprise Saturday and Sunday, and twelve will be double breaks, without guarantee that they will be included in them on a Saturday or a Sunday. The daily rest shall be added to the daily rest in accordance with paragraph 3. In compliance with the above, as provided for in Article 38 of the Staff Regulations, up to a maximum of eight weekly rest periods may be part of the annual leave. It will be, if necessary, agreed in the collective bargaining as to the enjoyment of the weekly rest and the holidays. 6. Regardless of what is provided for in the additional provision of Royal Decree 2387/2004 of 30 December 2004 on the Regulation of the Railway Sector, the duration of the driving time may not exceed nine hours daily in the day job and eight in the night work. The maximum length of driving time in each two-week period shall not exceed 80 hours. 7. If the duration of the working time of a driver who does not circulate accompanied by a second driver exceeds eight hours, a rest period shall be established during the day or break of forty-five minutes. If the working time exceeds six hours but does not exceed eight hours, the pause during the working day shall be at least thirty minutes. The pause will be enjoyed at a time of the right day so that the driver can recover and in case of delay of the trains will be adapted to the day to be realized. In any case, a portion of the break of at least thirty minutes shall be granted between the third and the sixth hour of work. In the case of a second driver, the conditions of the break or rest during the day shall be those laid down in the common labour law. 8. If the duration of the working time of the accompanying staff exceeds six hours, a 30-minute pause shall be established during the period. 9. Any railway undertaking carrying out cross-border interoperability services shall have a register in which the daily working and rest hours of mobile workers are collected in order to ensure compliance with the requirements of this Article. this provision. The undertaking must retain this register for at least three years and make it available to workers and to the labour authority as well as to the elements justifying the actual working hours. '

Single repeal provision. Scope of the derogation.

The provisions of this royal decree are repealed as many provisions are repealed.

Final disposition first. Competence title.

This royal decree is dictated in accordance with the provisions of article 149.1.7. of the Spanish Constitution.

Final disposition second. Incorporation of European Union law.

This royal decree incorporates into Spanish law Directive 2005 /47/EC of the Council of 18 July 2005 on the agreement between the Community of European Railways (CER) and the European Federation of Workers Transport (ETF) on certain aspects of the working conditions of mobile workers engaged in cross-border interoperability services in the rail sector.

Final disposition third. Powers of implementation and development.

The Ministers of Labor and Immigration are empowered, in the field of their respective competences, to dictate how many provisions are necessary for the development and implementation of this royal decree.

Final disposition fourth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on September 26, 2008.

JOHN CARLOS R.

First Vice-President of the Government and Minister of the Presidency, MARIA TERESA FERNÁNDEZ DE LA VEGA SANZ