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Opinion of the European Economic and Social Committee on the ‘Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions and the social partners at Community level concerning the re-exam of Directive 93/104/EC concerning certain aspects of the organisation of working time’

(COM(2003) 843 final)

(2004/C 302/16)

On 5 January 2004, the Commission decided to consult the European Economic and Social Committee, under Article 262 of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 14 June 2004. The rapporteur was Mr Hahr.

At its 410th plenary session of 30 June - 1 July 2004 (meeting of 30 June 2004), the European Economic and Social Committee adopted the following opinion by 154 votes in favour, 71 against and 13 abstentions.

1.   Gist of the Commission document

2.   General comments

3.   Specific comments

3.1   Reference periods

3.2   Definition of working time

3.3   Implementation of the opt-out in accordance with Article 18(1)(b)(i)

3.4   Measures to provide a better balance between work and family life

Brussels, 30 June 2004.

The President

of the European Economic and Social Committee

Roger BRIESCH

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(1)  Report from the Commission – State of Implementation of Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time (Working time Directive), COM(2000) 787 final.

(2)

(3)  COM(2003) 843 final, p. 5.

(4)  COM(2003) 843 final p. 6.

(5)  ECJ judgment of 3.10.2000 in case C-303/98 (Simap).

(6)  ECJ judgment of 9.10.2003 in case C-151/02 (Jaeger), not yet published.

(7)  COM(2003) 843 final, p. 14.

(8)OJ C 60 of 8.3.1991, p. 26.

(9)  COM(2003) 843 final, p. 13.

(10)  Report from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions – Report on equality between women and men, 2004 COM(2004) 115 final, p. 16.

(11)  COM(2003) 843 final, p. 12.

(12)  Ala-Mursula & al.: ‘Effect of employee worktime control on health: a prospective cohort study’, Occupational and Environment Medicine; 61: 254-261, No. 3, March 2004.

(13)  European Parliament Resolution of 11.2.2004 on the organisation of working time (Amendment of Directive 93/104/EC), P5_TA-PROV(2004)0089, point 20-22.

(14)  ‘A new organisation of time over working life’, European Foundation for the Improvement of Living and Working Conditions, 2003.

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APPENDIX

to the European Economic and Social Committee opinion

The following amendments attracted more than 25 % of the votes cast, but were rejected during the course of the deliberations:

Point 3.1.7

Replace this paragraph by the following text:

‘In its communication of 19 May, the Commission suggests that the reference period should be extended without citing already a concrete proposal. Therefore the EESC does not intend to take a stand in the matter at this stage. The EESC will do so when consulted on a draft directive.’

Reason

On the two other issues (definition of working time, point 3.2.5, and the opt-out, point 3.3.7) the EESC does not take a stand awaiting more concrete proposals. Therefore it is justified to take a parallel attitude in relation with the reference period.

Result of the vote

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