"Parliamentary questions

20 December 2021

Question for written answer E-005627/2021 to the CommissionnRule 138

Laura Ferrara (NI), Mario Furore (NI), Ignazio Corrao (Verts/ALE), Clare Daly (The Left), Ciarán Cuffe (Verts/ALE) 

Subject: revision of Regulation (EC) No 1008/2008 and the EU legal framework for air navigation and cabin crew

Considering the legal uncertainty about the law applicable to atypical work contracts, the increase in ‘atypical work’ and the social impact of the COVID‑19 pandemic, it is believed that the revision of Regulation (EC) No 1008/2008 should solve social problems and clarify the legal framework on which the operating models of airlines operating permanently in the EU are based. Clear EU definitions of ‘base of operations’, ‘aircraft operator’ and ‘aircraft workplace’ would make it possible to define the responsibilities and social legislation applicable to aircrews. In view of this, can the Commission answer the following questions:

1 Does it intend to adopt specific definitions of ‘operational base’ and ‘aircraft operator’ that forbid the instrumental use of the legal framework for free movement of establishment and free movement of services and guarantee that each worker can be employed according to the labour law of a single ‘operating base’ and a single ‘aircraft operator’;

2 Does it intend to promote the adoption of a ‘special’ directive under Article 16 of the framework directive on health and safety at work (89/654/EEC) that is specific to in‑flight workplaces?

3 Does it intend to propose adequate legislation aimed at preventing the bad practice of using ‘false self‑employment’ or employment agencies to employ cabin crew?

Last updated: 7 January 2022".