27.7.2005 _EN | Official Journal of the European Union L 195/15 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 engaged in interoperable cross-border services in the railway sector THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 139(2) thereof, Having regard to the proposal from the Commission, Whereas: () This Directive complies with the fundamental rights and principles set out in the Charter of Fundamental Rights of the European Union and is designed to ensure full compliance with Article 31 thereof, which provides that all workers have the right to healthy, safe and dignified working conditions, to a limit on their maximum working time and to weekly and daily rest periods and an annual period of paid holidays. The social partners may, in accordance with Article 139(2) of the Treaty, jointly request that Agreements concluded at Community level be implemented by a Council Decision on a proposal from the Commission. The Council adopted Directive 93/104/EC  of 23 November 1993 concerning certain aspects of the organisation of working time ('). Rail transport was one of the sectors of activity excluded from the scope of that Directive. The European Parliament and the Council adopted Directive 2000/34/EC () amending Directive 93/104/EC in order to cover the sectors and activities which had previously been excluded. The European Parliament and the Council adopted Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time (%), which codified and repealed Directive 93/104/EC. Directive 2003/88/EC provides for derogations from Articles 3, 4, 5, 8 and 16 thereof in the case of () O] L 307, 13.12.1993, p. 18. Directive as amended by Directive 2000/34[EC. () OJ L 195, 1.8.2000, p. 41. () O] L 299, 18.11.2003, p. 9. (10) (11) persons working in the rail transport sector on board trains. The Community of European Railways (CER) and the European Transport Workers' Federation (ETF) have informed the Commission of their desire to enter into negotiations in accordance with Article 139(1) of the Treaty. On 27 January 2004 those organisations concluded an Agreement on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services, hereinafter referred to as ‘the Agreement’. The Agreement included a joint request for the Commission to implement the Agreement by a Council Decision on a proposal from the Commission in accordance with Article 139(2) of the Treaty. Directive 2003/88/EC applies to mobile workers engaged in interoperable cross-border services, except where more specific provisions are contained in this Directive and in the Agreement annexed thereto. For the purposes of Article 249 of the Treaty, the appro- priate instrument for implementing the Agreement is a Directive. Since, in the light of completion of the internal market in the rail transport sector and the competition in the sector, the objectives of this Directive, which is intended to protect health and safety, cannot be suffi- ciently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of propor- tionality as set out in that Article, this Directive does not go beyond what is necessary to achieve those objectives.