Strike in Spain (we are third world...)

[Perrito Piloto]

COMPLAINT against the Kingdom of Spain for non-compliance with the European directive 79/2000 on working time for mobile staff on civil aviation1.

Brussels, 15 December 2004

Dear Mr. O’ Sullivan, The European Cockpit Association (ECA), representing over 34.000 pilots in Europe would like to file an official complaint against the Kingdom of Spain for non-compliance with the European directive 79/2000 on working time for mobile staff on civil aviation.

The Directive was implemented in Spanish law by the Real Decreto 294/2004 early this year. ECA does not contest at this moment the correct implementation of the Directive. However, ECA believes that there is a lack of clarity in the definition and accountability of stand by time2.

The Kingdom of Spain has not adopted appropriate, proportional nor dissuasive measures to ensure the enforcement of the provisions of the Directive. ECA, through its Spanish member association, SEPLA, has repeatedly protested against the non-compliance with the Directive by the Helicopter Companies belonging to the Group INAER. INAER controls HELICSA, HELISURESTE and subsidiary companies.

The main activity of these companies is emergency and rescue services. These tasks are performed, on behalf of the public authorities, based on contracts awarded through public tender processes. SEPLA has established that pilots in those companies belonging to the Group INAER have accumulated working time well in excess of 2.000 hours per year.

Furthermore, rest periods have not been notified and pilots are rostered for up to 20 consecutive days work. During these consecutive days, pilots are available to the employer 24 hours per day at 15 minutes notice by day, and 45 minutes notice by night. In some circumstances, this notice period is further reduced. The ECA contends that all this time should be accountable as working time, as provided for in the directive. Previously, following complaints from SEPLA, inspections were conducted in 2002. The Spanish authorities found a considerable number of irregularities, including a high number of infringements of the working time limits. Two of the companies in question were fined a total of just € 7.000 and € 540,90. Given the mild nature of the penalties, the companies do not seem to have been inclined to change the work structures and the situation remains unchanged following the introduction of the Real Decreto 294/2004.

We therefore consider that the Kingdom of Spain has breached its obligations under the EC Treaty by not having issued appropriate measures capable of ensuring an effective application of the provisions of Directive 2000/79.

We remain yours for any additional information.

Teppo T. Tyrmi ECA Chairman

1 Council Directive 2000/79/EC of 27 November 2000 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA) (Text with EEA relevance) Official Journal L 302 , 01/12/2000 P. 0057 - 0060 2 Refer to the Council Directive 2000/79/EC, clause 8.2.
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*** ECA Supports Spanish Helicopter Pilots’ Strike ****

Spanish helicopter pilots working for the group INAER are on strike to complain about their working conditions. The main activity of these pilots is search-and-rescue for the Spanish authorities.

The specific reason for the strike is that the pilots’ annual working times are well over the 2000 yearly limit set by the European Directive on working time. Some pilots report over 3000 hours! Pilots have 20 consecutive days rosters, without intervening time. Rest days are not notified in advance.

This strike is more symbolic than anything else. This is because the bases are so understaffed that almost all the pilots subscribing to the strike still have to work to comply with the “minimum services duty” imposed by the authorities. (NB: under Spanish law the State can oblige workers to perform some minimum necessary duties, giving the kind of activity here, everything is “necessary”).

The Helicopter pilots have denounced this situation for many years now. They were hoping that the new Directive on working time for mobile staff in civil aviation would help to improve the situation. Unfortunately, after one year entry in force of the Directive, nothing has changed.

The Spanish authorities do not take this problem seriously. Some believe that is because the illegal working conditions in this sector offer them a better price for a service that they have to provide to the population.

The European Cockpit Association supports its helicopter members and has filed an official complaint to the European Commission concerning this situation.

The aim is to put additional pressure on the Spanish authorities to address this untenable situation. Furthermore, the ECA Board has recently agreed to create a Helicopter Committee to prevent this kind of situation happening again.

We hope that the legitimate action of this group of pilots will succeed, that ECA’s actions will contribute to this, and that the search-and-rescue services in Spain will soon be performed under acceptable conditions. [email protected]

The European Cockpit Association supports its helicopter members and has filed an official complaint to the European Commission concerning the situation.

Newsletter of the European Cockpit Association http://www.eurocockpit.be December 2004

[joedirt]

Fezz up guys......how do they comply with this in civilian SAR in other EU places ? Or the Northsea ( Jigsaw :uhoh: )

[Aesir]

This is interesting reading, I´m not familiar with heli operations in Spain.

However I have heard rumours that the German HEMS services also take the rules lightly! and that standby time is not calculated as actual duty time. This is by no means verified information but I have heard the names of DRF and ADAC when people have talked about this?

Anyone in "Deutschland" that can verify this, if its true you should perhaps think about strike also.

In Scandinavian countries standby duty is included in the total duty hrs by HEMS and SAR services.

[madman1145]

Well, in Denmark, the Danish CAA is about to alter their interpretation of the EU working directives. Now they want to read it as only 50% of the standby time can be calculated as working hours ..
That would probably apply as well when Denmark in 1-2 years gets a national civilian HEMS, as recently promised by leading politicians ..

So not all Scandinavian countries reads the words the same way :( ..

[alouette]

Here is a translation of the legislation of a european country East of the Meridian.


Duty Times- and Resting Periods for Flight Crew

1. General

Duty times and resting periods are stipulated in the operations manual, and ensure that fatigue on a single flight, or cumulative fights, or a prolonged duty time is not a major factor for safety of operations. If circumstances require the extension of the duty period, the pilot in question shall decide if he is too fatigued or not capable to continue his duty, and therefore shall submit his concerns to the flight operations manager.

If the extension of a duty period exceeds the maximum duty/flight-time period, then the pilot shall submit a written report to the flight operations manager. The written report shall then be submitted, without delay, to the jurisdictional authority.

2. Limitations of Duty Times

Duty times are also periods other than flight time; e.g. thirty minutes prior the first flight and time after the last flight as well as periods of other tasks comprising physical or mental activity concerning the individual flight crew. It also includes “readiness” for assigning certain tasks. These tasks are physical and mental activity, and meetings due to the nature of the business.

Readiness for task assignments is that period of time where the flight crew is prepared to assume a duty/flight within a short period of time. These limitations are delineated in the operations manual. Duty times also occur outside the prescribed frame work.

Independent of all the regulations and limitations stipulated, every crew member’s maximum duty times are to be determined:

- per diem
- seven consecutive days
- thirty consecutive days, and
- ninety consecutive days.

All flights, including flights for another operator e.g. military or private, shall not exceed 900hours per calendar year. The pilot is urged to record every flight time, and shall submit these flight times to the operator.





4. Resting Periods

Every flight time is preceded by a resting period, and shall be determined in lieu of a preceded duty time. Throughout the resting period, the flight crew member shall have the opportunity to assume a horizontal position. Off duty away from the airport/heliport/Hems station less than eight hours is equal to “dead head times” and is not considered as a resting period; it shall be considered as duty time.
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