mgn211docs_eu_dir_2000_34.pdf

1.8.2000

Official Journal of the European Communities

L 195/41

DIRECTIVE 2000/34/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 22 June 2000

amendingCouncil Directive 93/104/EC concerningcertain aspects of the organisation of working

time to cover sectors and activities excluded from that Directive

THE EUROPEAN PARLIAMENT AND COUNCIL OF THE EURO-

PEAN UNION,

(5) The health and safety of workers should be protected at

the workplace not because they work in a particular

sector or carry out a particular activity, but because they

are workers.

Having regard to the Treaty establishing the European

Community, and in particular Article 137(2) thereof,

Having regard to the proposal from the Commission ( 1 ),

(6) As regards sectoral legislation for mobile workers, a

complementary and parallel approach is needed in the

provisions on transport safety and the health and safety

of the workers concerned.

Having regard to the opinion of the Economic and Social

Committee ( 2 ),

(7) Account needs to be taken of the specific nature of

activities at sea and of doctors in training.

Acting in accordance with the procedure laid down in Article

251 of the Treaty ( 3 ), in the light of the joint text approved by

the Conciliation Committee on 3 April 2000,

(8) Protection of the health and safety of mobile workers in

the excluded sectors and activities should also be guar-

anteed.

Whereas:

(1) Article 137 of the Treaty provides that the Community

is to support and complement the activities of the

Member States with a view to improving the working

environment to protect workers' health and safety.

Directives adopted on the basis of that Article are to

avoid imposing administrative, financial and legal

constraints in a way which would hold back the creation

and development of small and medium-sized undertak-

ings.

(9) The existing provisions concerning annual leave and

health assessments for night work and shift work should

be extended to include mobile workers in the excluded

sectors and activities.

(10) The existing provisions on working time and rest need

to be adapted for mobile workers in the excluded sectors

and activities.

(2) Council Directive 93/104/EC of 23 November 1993

concerning certain aspects of the organisation of

working time ( 4 ) lays down minimum safety and health

requirements for the organisation of working time, in

respect of periods of daily rest, breaks, weekly rest,

maximum weekly working time, annual leave and

aspects of night work, shift work and patterns of work.

That Directive should be amended for the following

reasons.

(11) All workers should have adequate rest periods. The

concept of ‘rest’ must be expressed in units of time, i.e.

in days, hours and/or fractions thereof.

(12) A European Agreement in respect of the working time

of seafarers has been put into effect by means of a

Council Directive ( 5 ), on a proposal from the Commis-

sion, in accordance with Article 139(2) of the Treaty.

Accordingly, the provisions of this Directive should not

apply to seafarers.

(3) Road, air, sea and rail transport, inland waterways, sea

fishing, other work at sea and the activities of doctors in

training are excluded from the scope of Council

Directive 93/104/EC.

(13) In the case of those ‘share-fishermen’ who are

employees, it is for Member States to determine,

pursuant to Article 7 of Council Directive 93/104/EC,

the conditions for entitlement to, and granting of,

annual leave, including the arrangements for payments.

(4) The Commission, in its proposal of 20 September 1990,

did not exclude any sectors and activities from Council

Directive 93/104/EC, nor did the European Parliament in

its Opinion of 20 February 1991 accept such exclusions.

(14) Specific standards laid down in other Community instru-

ments relating, for example, to rest periods, working

time, annual leave and night work for certain categories

of workers should take precedence over the provisions

of Council Directive 93/104/EC as amended by this

Directive.

( 1 ) OJ C 43, 17.2.1999, p. 1.

( 2 ) OJ C 138, 18.5.1999, p. 33.

( 3 ) Opinion of the European Parliament of 14 April 1999 (OJ C 219,

30.7.1999, p. 231), Council Common Position of 12 July 1999 (OJ

C 249, 1.9.1999, p. 17) and Decision of the European Parliament

of 16 November 1999 (not yet published in the Official Journal).

Decision of the European Parliament of 17 May 2000 and Council

Decision of 18 May 2000.

( 4 ) OJ L 307, 13.12.1993, p. 18.

( 5 ) Council Directive 1999/63/EC of 21 June 1999 concerning the

Agreement on the organisation of working time of seafarers

concluded by the European Community Shipowners' Association

(ECSA) and the Federation of Transport Workers' Unions in the

European Union (FST) (OJ L 167, 2.7.1999, p. 33).

L 195/42

Official Journal of the European Communities

1.8.2000

(15) In the light of the case law of the Court of Justice of the

European Communities the provision relating to Sunday

rest should be deleted.

3. In Article 5, the following subparagraph shall be deleted:

‘The minimum rest period referred to in the first subpara-

graph shall in principle include Sunday.’

(16) In its judgment in Case C-84/94 United Kingdom v.

Council ( 1 ) the Court of Justice ruled that Council

Directive 93/104/EC accords with the principles of

subsidiarity and proportionality set out in Article 5 of

the Treaty. There is no reason to assume that that judg-

ment is not applicable to comparable rules concerning a

number of aspects of the organisation of working time

in excluded sectors and activities,

4. Article 14 shall be replaced by the following:

‘Article 14

More specific Community provisions

This Directive shall not apply where other Community

instruments contain more specific requirements relating to

the organisation of working time for certain occupations

or occupational activities.’

HAVE ADOPTED THIS DIRECTIVE:

5. Article 17(2.1) shall be replaced by the following:

‘2.1. from Articles 3, 4, 5, 8 and 16:

Article 1

(a) in the case of activities where the worker's place

of work and his place of residence are distant

from one another, including offshore work, or

where the worker's different places of work are

distant from one another;

Directive 93/104/EC is hereby amended as follows:

1. Article 1(3) shall be replaced by the following:

‘3. This Directive shall apply to all sectors of activity, both

public and private, within the meaning of Article 2 of

Directive 89/391/EEC, without prejudice to Articles 14 and

17 of this Directive.

(b) in the case of security and surveillance activities

requiring a permanent presence in order to

protect property and persons, particularly

security guards and caretakers or security firms;

This Directive shall not apply to seafarers, as defined in

Council Directive 1999/63/EC of 21 June 1999 concerning

the Agreement on the organisation of working time of

seafarers, concluded by the European Community Shipow-

ners' Association (ECSA) and the Federation of Transport

Workers' Unions in the European Union (FST) (*) without

prejudice to Article 2(8) of this Directive.

continuity of service or production, particularly:

(i) services relating to the reception, treatment

and/or care provided by hospitals or

similar establishments, including the activi-

ties of doctors in training, residential insti-

tutions and prisons;

(ii) dock or airport workers;

(iii) press, radio, television, cinematographic

production, postal and telecommunications

services, ambulance, fire and civil protec-

tion services;

(iv) gas, water and electricity production, trans-

mission and distribution, household refuse

collection and incineration plants;

(v) industries in which work cannot be inter-

rupted on technical grounds;

(vi) research and development activities;

(vii) agriculture;

(viii) workers concerned with the carriage of

passengers on regular urban transport

services;

(*) OJ L 167, 2.7.1999, p. 33.’;

2. in Article 2, the following shall be added:

‘7. “mobile worker” shall mean any worker employed as

a member of travelling or flying personnel by an

undertaking which operates transport services for

passengers or goods by road, air or inland waterway.

8. “offshore work” shall mean work performed mainly on

or from offshore installations (including drilling rigs),

directly or indirectly in connection with the explora-

tion, extraction or exploitation of mineral resources,

including hydrocarbons, and diving in connection with

such activities, whether performed from an offshore

installation or a vessel.

9. “adequate rest” shall mean that workers have regular

rest periods, the duration of which is expressed in

units of time and which are sufficiently long and

continuous to ensure that, as a result of fatigue or

other irregular working patterns, they do not cause

injury to themselves, to fellow workers or to others

and that they do not damage their health, either in

the short term or in the longer term.’;

(d) where there is a foreseeable surge of activity,

particularly in:

(i) agriculture;

(ii) tourism;

(iii) postal services;

( 1 ) ECR [1996] I — 5755.

1.8.2000

Official Journal of the European Communities

L 195/43

(e) in the case of persons working in railway trans-

port:

out in point (iii), such an agreement may

cover:

(i) whose activities are intermittent;

— the average number of weekly hours of

work during the transitional period; and

(ii) who spend their working time on board

trains; or

— the measures to be adopted to reduce

weekly working hours to an average of

48 by the end of the transitional period;

(iii) whose activities are linked to transport time-

tables and to ensuring the continuity and

regularity of traffic.’.

(b) with respect to Article 16(2), provided that the

reference period does not exceed 12 months,

during the first part of the transitional period

specified in paragraph (a) (iii), and six months

thereafter.’;

6. In Article 17(2) the following shall be added:

‘2.4. from Articles 6 and 16(2) in the case of doctors in

training:

7. The following Articles shall be inserted:

‘Article 17a

(a) with respect to Article 6, for a transitional

period of five years from 1 August 2004.

Mobile workers and offshore work

(i) Member States may have up to two more

years, if necessary, to take account of diffi-

culties in meeting the working time provi-

sions with respect to their responsibilities for

the organisation and delivery of health

services and medical care. At least six

months before the end of the transitional

period, the Member State concerned shall

inform the Commission giving its reasons, so

that the Commission can give an opinion,

after appropriate consultations, within the

three months following receipt of such infor-

mation. If the Member State does not follow

the opinion of the Commission, it will

justify its decision. The notification and justi-

fication of the Member State and the

opinion of the Commission shall be

published in the Official Journal of the Euro-

pean Communities and forwarded to the Euro-

pean Parliament.

1. Articles 3, 4, 5 and 8 shall not apply to mobile

workers.

2. Member States shall, however, take the necessary

measures to ensure that such mobile workers are entitled

to adequate rest, except in the circumstances laid down

in Article 17(2.2).

3. Subject to compliance with the general principles

relating to the protection of the safety and health of

workers, and provided that there is consultation of repre-

sentatives of the employer and employees concerned and

efforts to encourage all relevant forms of social dialogue,

including negotiation if the parties so wish, Member

States may, for objective or technical reasons or reasons

concerning the organisation of work, extend the reference

period referred to in Article 16(2) to twelve months in

respect of workers who mainly perform offshore work.

(ii) Member States may have an additional

period of up to one year, if necessary, to

take account of special difficulties in meeting

the abovementioned responsibilities. They

shall follow the procedure set out in para-

graph (i).

4. On 1 August 2005 the Commission shall, after

consulting the Member States and management and

labour at European level, review the operation of the

provisions with regard to offshore workers from a health

and safety perspective with a view to presenting, if need

be, the appropriate modifications.

Within the context of the transitional period:

Article 17b

(iii) Member States shall ensure that in no case

will the number of weekly working hours

exceed an average of 58 during the first

three years of the transitional period, an

average of 56 for the following two years

and an average of 52 for any remaining

period.

Workers on board sea-goingfishingvessels

1. Articles 3, 4, 5, 6 and 8 shall not apply to any

worker on board a sea-going fishing vessel flying the flag

of a Member State.

2. Member States shall, however, take the necessary

measures to ensure that any worker on board a sea-going

fishing vessel flying the flag of a Member State is entitled

to adequate rest and to limit the number of hours of

work to 48 hours a week on average calculated over a

reference period not exceeding 12 months.

(iv) The employer shall consult the representa-

tives of the employees in good time with a

view to reaching an agreement, wherever

possible, on the arrangements applying to

the transitional period. Within the limits set

L 195/44

Official Journal of the European Communities

1.8.2000

3. Within the limits set out in paragraphs 2, 4 and 5

Member States shall take the necessary measures to

ensure that, in keeping with the need to protect the

safety and health of such workers,

vessel, persons on board or cargo, or for the purpose of

giving assistance to other vessels or persons in distress at

sea.

(a) the working hours are limited to a maximum number

of hours which shall not be exceeded in a given

period of time, or

8. Members States may provide that workers on board

sea-going fishing vessels for which national legislation or

practice determines that these vessels are not allowed to

operate in a specific period of the calendar year

exceeding one month, shall take annual leave in accord-

ance with Article 7 within the abovementioned period.’

(b) a minimum number of hours of rest are provided

within a given period of time.

The maximum number of hours of work or minimum

number of hours of rest shall be specified by law, regula-

tions, administrative provisions or by collective agree-

ments or agreements between the two sides of the

industry.

Article 2

1. Member States shall bring into force the laws, regula-

tions and administrative provisions necessary to comply with

this Directive no later than 1 August 2003, or shall ensure

that, by that date at the latest, the two sides of industry

have introduced the necessary measures by agreement, the

Member States being required to take any necessary measure

to enable them at any time to be in a position to guarantee

the results imposed by this Directive. With regard to doctors

in training that date shall be 1 August 2004. They shall

forthwith inform the Commission thereof.

4. The limits on hours of work or rest shall be either:

(a) maximum hours of work which shall not exceed:

(i) 14 hours in any 24-hour period, and

(ii) 72 hours in any seven-day period;

(b) minimum hours of rest which shall not be less than:

2. When Member States adopt the measures referred to in

paragraph 1, they shall contain a reference to this Directive

or shall be accompanied by such reference on the occasion

of their official publication. The methods of making such a

reference shall be laid down by the Member States.

(i) 10 hours in any 24-hour period, and

(ii) 77 hours in any seven-day period.

5. Hours of rest may be divided into no more than

two periods, one of which shall be at least six hours in

length, and the interval between consecutive periods of

rest shall not exceed 14 hours.

3. Without prejudice to the right of Member States to

develop, in the light of changing circumstances, different

legislative, regulatory or contractual provisions in the field of

working time, as long as the minimum requirements

provided for in this Directive are complied with, imple-

mentation of this Directive shall not constitute valid grounds

for reducing the general level of protection afforded to

workers.

6. In accordance with the general principles of the

protection of the health and safety of workers, and for

objective or technical reasons or reasons concerning the

organisation of work, Member States may allow excep-

tions, including the establishment of reference periods, to

the limits laid down in paragraphs 2, 4 and 5. Such

exceptions shall, as far as possible, comply with the stan-

dards laid down but may take account of more frequent

or longer leave periods or the granting of compensatory

leave for the workers. These exceptions may be laid

down by means of

4. Member States shall communicate to the Commission

the texts of the provisions of national law already adopted

or being adopted in the field governed by this Directive.

(i) laws, regulations or administrative provisions provided

there is consultation, where possible, of the represen-

tatives of the employers and workers concerned and

efforts are made to encourage all relevant forms of

social dialogue, or

Article 3

Not later than 1 August 2009 the Commission shall, after

consulting the Member States and management and labour

at European level, review the operation of the provisions

with regard to workers on board sea-going fishing vessels,

and, in particular examine whether these provisions remain

appropriate, in particular, as far as health and safety are

concerned with a view to proposing suitable amendments, if

necessary.

(ii) collective agreements or agreements between the two

sides of industry.

7. The master of a sea-going fishing vessel shall have

the right to require workers on board to perform any

hours of work necessary for the immediate safety of the

1.8.2000

Official Journal of the European Communities

L 195/45

Article 4

Not later than 1 August 2005 the Commission shall, after

consulting the Member States and management and labour

at European level, review the operation of the provisions

with regard to workers concerned with the carriage of

passengers on regular urban transport services, with a view

to presenting, if need be, the appropriate modifications to

ensure a coherent and suitable approach in the sector.

Article 6

This Directive is addressed to the Member States.

Done at Luxembourg, 22 June 2000.

Article 5

This Directive shall enter into force on the date of its publi-

cation in the Official Journal of the European Communities .

For the European Parliament

The President

N. FONTAINE

For the Council

The President

J. SÓCRATES

Commission statement regarding Sunday rest

The Commission states that it will report on the situation in the Member States with regard to legislation

on Sunday rest in its forthcoming report on the implementation of the Working Time Directive

(93/104/EC).

Commission statement regarding implementation of Article 1, paragraph 6

The Commission states that it intends, before giving its opinion, to consult management and labour at

European level and representatives of the Member States with a view to delivering its opinion three months

after the Commission receives the notification from the Member State.

Plik z chomika:

Inne pliki z tego folderu:

Inne foldery tego chomika: