Having regard to the text of the Second National Agreement on Continuing Training in the State Sector for the Transport of Goods by Road and the Annex of Amendment to the Second National Agreement on Continuing Training (Official Journal of the State of 1 February 1997), an agreement signed by the Employers ' Association Confederation of Goods Transport Companies (CETM), and, on the other hand, by the trade union organizations Transport, Communications and the Sea of Workers ' Commissions (FETCOMAR-CC. The Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the European Parliament, of the European Parliament, of the European Parliament, of the European Parliament, of the European Parliament, of the European Parliament, of the European Parliament recast of the Law of the Workers ' Statute, and in Royal Decree 1040/1981 of 22 May on the registration and deposit of Collective Labour Conventions,

This Work General Address agrees:

First. -Order the registration of the said agreement and its annex in the corresponding Register of this management center, with notification to the negotiating commission.

Second. -Dispose your publication in the "Official State Bulletin".

Madrid, May 6, 1997. -Director General, Soledad Cordova Garrido.

II NATIONAL AGREEMENT ON CONTINUING TRAINING

FOR THE FREIGHT TRANSPORT SECTOR

BY ROAD

EXPLANATORY STATEMENT

Continuing vocational training is a fundamental and strategic axis for the proper functioning of the labour market and the creation of jobs, the personal and professional promotion of workers and effective development. of equal opportunities. It is an essential factor for the competitiveness of companies and the quality of the service they provide. This has been the subject of constant concern by the social partners in the context of the social dialogue.

The road freight transport sector, in a permanent process of economic, technological and social change and strong competition, considers the qualification and reclassification of its working population to be of vital importance, The Commission has also been in the process of improving the quality of life and the quality of life and the quality of life and the quality of life.

The First National Agreement on Continuing Training for the Transport of Goods Sector has made a decisive contribution to improving the skills of workers and to consider training as a key aspect in the field of transport. The process of change to which it has been facing over the last few years. The continuing training is today a consolidated reality in this sector, its companies and workers, a task in which the Foundation for Continuing Training (FORCEM) has developed a transcendent role.

This II National Continuing Training Programme will continue and complete the integration of the various vocational training subsystems, which have been initiated in the first programme, coordinating their joint development. This is the continuity of the effort made and the resources invested and the experiences gathered in the last years are optimized.

On the other hand, new collectives are incorporated into this Agreement, among which are the self-employed workers with special impact on the freight transport sector, so that they will be covered by the training needs of all workers.

The agreement reached focuses on a broad vision of the continuing education of the occupied population as a factor of integration and social cohesion, and as an instrument that strengthens the competitiveness of companies, guiding themselves fundamentally to enhance the quality of training actions. To do this, continuous training must meet the following functions:

A function of permanent adaptation to the evolution of the professions and the content of the jobs and, therefore, to the improvement of the skills and qualifications indispensable to strengthen the competitive situation of companies and their staff.

A social promotion function that allows many workers to avoid stagnation in their professional qualifications and improve their situation.

A preventive function to anticipate the possible negative consequences of the completion of the internal market and to overcome the difficulties faced by the sectors and the enterprises in the course of economic restructuring or technology.

The improvement of management is another objective of this new agreement. To this end, greater involvement of the social partners has been sought in the autonomous area, which is more actively involved in the system, while maintaining the basic principles of the system: social partners and/or companies and workers in the management of continuing vocational training, their application throughout the national territory, the freedom of association and the development of training and the unit of cash.

All of the above means giving a virtuality to the forecasts contained in the Workers ' Statute, the Community Charter of the Fundamental Social Rights of Workers, as well as in the Recommendation of the Council of the European Union. European Union, as well as in the Recommendation of the Council of the European Union of 1993 on access to continuing vocational training.

Therefore, on 19 December 1996, the Second National Agreement on Continuing Training is signed by the most representative trade union and business organisations in our country.

Consequently, the undersigned organisations, aware of the need to maintain the effort already made in the field of continuing training in the sector, as a factor of undoubted importance for the competitiveness of the sector, Under the terms of the national sectoral agreement on continuing training, under the provisions of the second section of Article 10, Chapter I, Title III of the National Agreement on Continuing Training, the inclusion of these matters in collective bargaining.

Article 1. Nature of the Agreement.

This National Continuous Training Agreement of the Road Freight Transport Sector is signed to develop the second National Agreement on Continuing Training (II ANFC), signed on 19 December 1996, by CEOE and CESME, on the one hand, and the union headquarters UGT, CC. OO. and IGC, on the other.

Like II ANFC, this Agreement subscribes to the provisions of Title III of the Workers ' Statute. To this end, it develops the provisions of Article 83.3 of the legal standard, when dealing with a specific subject, which is the continuing training of companies in the sector.

This National Agreement on Sectoral Continuous Training is bipartite in nature as it is the signatory parties of the same by business CETM and the trade union organizations FETCOMAR-CC. OO. and FETTC-UGT.

Article 2. Territorial, personal and temporary environments.

Territorial scope: This Agreement shall apply in the entirety of the national territory, in compliance with the principles which inform the unity of the labour market, freedom of movement and establishment, and the concurrency of training actions.

Personal scope: This Agreement may be used by companies, workers or their respective organisations in the road haulage sector, on the understanding of the companies established in Spain. to carry out activities related to the carriage of goods by road in general, in order to carry out training activities for continuing training through grouped or enterprise plans, aimed at the whole of employees who are employed satisfy the conditions laid down in Article 1 (1) of Regulation (EC) No Additional provision of II ANFC.

Temporary scope: This Agreement will have a temporary term of four years, entering into force on 1 January 1997 and ending on 31 December 2000.

The undersigned organisations may, before their expiry and by common agreement, establish the extension of the agreement under the provisions of the second ANFC (Title II, Article 4).

Article 3. Training plans.

The training actions referred to in this Agreement may be developed in the form of grouped or company training schemes.

The grouped or company training plans are what are defined in Title III of the II ANFC.

All these plans must be drawn up in accordance with the criteria established by the State Joint Commission for the State of Carriage of Goods by Road.

The promotion of the grouped training plans will be the responsibility of the most representative business and/or trade union organisations in the sector, and in any case the signatory organisations of this Agreement and their member organisations.

These plans will have to be submitted to the State Joint Committee on Road Freight Transport.

Article 4. Criteria for the preparation of training plans.

To be included in the scope of this Agreement, training plans, both grouped and as a company, should be developed according to the following criteria:

(a) Priorities in the training actions to be developed: Those that in the field of each training plan are considered more suitable by the promoters of the training, contributing the reasons on which they are based.

However, as a guideline, they are highlighted as priorities:

1. Training plans to be included in a strategic business plan or in the sector, and in particular those aimed at improving competitiveness and employment.

2. Training schemes which affect proportionally large groups, and with a higher qualification deficit.

3. Training schemes designed to address potential imbalances between demand and the supply of skills in the field concerned.

4. Training schemes aimed particularly at SMEs.

5. In general, all those criteria that are in line with those approved by the State Joint Commission guarantor of the II ANFC.

b) Training centres available: Those, both public and private, who fulfil the necessary conditions to be able to deliver each of the concrete training actions and who offer the best cost-effectiveness.

(c) Training permit arrangements: In the Collective Agreements, or through specific agreements, the terms of the exercise and the regime of the training permits and the degree of use necessary for the training may be agreed. (ii) the benefit of the same, which, in any event, must be in line with the provisions of Article 13 of the Second ANFC. In this respect, this article, directly related to Articles 4.2.b) and 22 of the Workers ' Statute, provides for the possibility of applying for individual training permits for the acquisition of an official qualification. These permits will be financed in accordance with the provisions of the II ANFC and the Tripartite Agreement.

Article 5. State Transport Sector Joint Committee.

A State Sectoral Joint Committee on Road Freight Transport shall be set up as a maximum of eight representatives of the trade union organisations which are signatories to this Agreement and eight representatives of the trade unions. organisation/business organisations, appointing a President and a Secretary of the same who shall have a rotating character each year.

The Commission will have the following functions:

a) Velar for the compliance of ANFC in the road freight sector.

(b) To amend the criteria for drawing up the training plans referred to in Article 4.

(c) Agree on proposals for the approval of applications for sectoral training plans, as well as on accompanying and accompanying measures affecting more than one Autonomous Community in the field of training. Agreement, and raise them for its funding proposal to the State Joint Committee on Continuing Training.

d) Elevate the Joint State Training Commission to continue the report of the company plans covered by this Agreement.

e) To collaborate with the State Joint Commission on Continuing Training in monitoring the implementation of the training initiatives approved in its field.

f) Resolve the incidences and discrepancies arising from the training plans referred to in this Agreement.

g) Develop the necessary studies and research for the detection of needs and the planning of training in the sector corresponding to the scope of this Agreement. To this end, account shall be taken of the information available, and in particular sectoral studies which may have been developed on training needs.

(h) To execute the agreements of the State Joint Committee on Continuing Training and the National Tripartite Commission.

i) Promote grouped plans in the field of the sector.

j) Make an Annual Report of the implementation of this Agreement.

(k) Develop an internal operating regulation of the State Joint Commission for the Transport of Goods by Road.

l) Formulate proposals in relation to the establishment of continuous training levels for their certification in correspondence with the National System of Qualifications.

Article 6. Financing of training actions.

The training actions which, depending on the various training plans, will be developed under this Agreement will be financed according to the criteria and procedures which the Joint Commission will establish in good time. State of Continuing Training, prior to the report and evaluation of the State Sectoral Joint Commission, which will be binding.

The same actions or training initiatives may not be financed simultaneously through the different modalities provided for in this Agreement.

Without prejudice to the foregoing, the Public Administrations, entities or bodies may collaborate by means of co-financing in actions that are developed under this Agreement. In such a case, the application for financing must incorporate the data defining possible financing for the purposes provided for in the preceding paragraph, of which the Joint State for Continuing Training or the Joint Committee shall be transferred to the Commission. Corresponding Territorial Joint Committee, for the purposes of this.

MODIFY ANNEX

II National Agreement on Continuing Transport Training

of Goods by Road

Article 1. Nature of the Agreement.

This National Continuous Training Agreement of the Road Freight Transport Sector is signed to develop the second National Agreement on Continuing Training (II ANFC), signed on 19 December 1996, by CEOE and CESME, on the one hand, and the union headquarters UGT, CC. OO. and IGC, on the other.

Like II ANFC, this Agreement subscribes to the provisions of Title III of the Workers ' Statute. To this end, it develops the provisions of Article 83.3 of the legal standard, in which it is concerned with a specific subject, which is the continuing training of companies in the sector.

This National Agreement on Sectoral Continuous Training is bipartite in nature as it is the signatory parties of the same by business CETM and the trade union organizations FETCOMAR-CC. OO., FETTC-UGT and IGC.

Article 5. State Transport Sector Joint Committee.

A State Joint Committee on Road Freight Transport will be set up, composed of at most nine representatives of the trade union organisations which are signatories to this Agreement and nine representatives of trade unions. the business organisation/organisation, appointing a President and a Registrar of the same who shall have a rotating character each year.

The Commission will have the following functions:

a) Velar for the compliance of ANFC in the road freight sector.

b) to amend the criteria for drawing up the training plans referred to in Article 4.

c) Agree on proposals for the approval of applications for sectoral training plans, as well as accompanying and accompanying measures affecting the scope of this Agreement and raising them for their proposal The Commission is also in charge of the Joint Committee on Continuing Training.

d) Elevate the Joint State Training Commission to continue the report of the company plans covered by this Agreement.

e) To collaborate with the State Joint Committee on Continuing Training, in monitoring the implementation of the approved training initiatives in its field.

f) Resolve the incidences and discrepancies arising from the training plans referred to in this Agreement.

g) Develop the necessary studies and research for the detection of needs and the planning of training in the sector corresponding to the scope of this Agreement. To this end, account will be taken of the information available and, in particular, sectoral studies on training needs that have been developed.

(h) To execute the agreements of the State Joint Committee on Continuing Training and the National Tripartite Commission.

i) Promote grouped plans in the field of the sector.

j) Make an Annual Report of the implementation of this Agreement.

(k) Develop an internal operating regulation of the State Joint Commission for the Transport of Goods by Road.

l) Formulate proposal in relation to the establishment of continuous training levels for their certification in correspondence with the National System of Qualifications.