This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"B COUNCIL DIRECTIVE 93/104/EC
of 23 November 1993
concerning certain aspects of the organization of working time
(OJ L 307, 13.12.1993, p. 18)
Amended by:
Official Journal
No page date
"M1 Directive 2000/34/EC of the European Parliament and of the Council
of 22 June 2000 L 195 41 1.8.20001993L0104 — EN — 01.08.2000 — 001.001 — 1
COUNCIL DIRECTIVE 93/104/EC
of 23 November 1993
concerning certain aspects of the organization of working time
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in
particular Article 118a thereof,
Having regard to the proposal from the Commission (1),
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Article 118a of the Treaty provides that the Council shall adopt, by
means of directives, minimum requirements for encouraging improvements,
especially in the working environment, to ensure a better level of protection of
the safety and health of workers;
Whereas, under the terms of that Article, those directives 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
undertakings;
Whereas the provisions of Council Directive 89/391/EEC of 12 June 1989 on
the introduction of measures to encourage improvements in the safety and
health of workers at work (4) are fully applicable to the areas covered by this
Directive without prejudice to more stringent and/or specific provisionscontained therein;
Whereas the Community Charter of the Fundamental Social Rights of
Workers, adopted at the meeting of the European Council held at Strasbourgon 9 December 1989 by the Heads of State or of Government of 11 MemberStates, and in particular points 7, first subparagraph, 8 and 19, first
subparagraph, thereof, declared that:
‘7. The completion of the internal market must lead to an improvement
in the living and working conditions of workers in the European
Community. This process must result from an approximation of theseconditions while the improvement is being maintained, as regards inparticular the duration and organization of working time and forms of
employment other than open-ended contracts, such as fixed-term
contracts, part-time working, temporary work and seasonal work.
8. Every worker in the European Community shall have a right to a
weekly rest period and to annual paid leave, the duration of which must
be progressively harmonized in accordance with national practices.
19. Every worker must enjoy satisfactory health and safety conditions
in his working environment. Appropriate measures must be taken in order
to achieve further harmonization of conditions in this area while
maintaining the improvements made.’;
Whereas the improvement of workers’safety, hygiene and health at work is an
objective which should not be subordinated to purely economic consider-
ations;
Whereas this Directive is a practical contribution towards creating the social
dimension of the internal market;
Whereas laying down minimum requirements with regard to the organization
of working time is likely to improve the working conditions of workers in the
Community;
Whereas, in order to ensure the safety and health of Community workers, the
latter must be granted minimum daily, weekly and annual periods of rest and
adequate breaks; whereas it is also necessary in this context to place a
maximum limit on weekly working hours;!B
(1) OJ No C 254, 9. 10. 1990, p. 4.
(2) OJ No C 72, 18. 3. 1991, p. 95;
and Decision of 27 October 1993 (not yet published in the Official Journal).
(3) OJ No C 60, 8. 3. 1991, p. 26.
(4) OJ No L 183, 29. 6. 1989, p. 1.1993L0104 — EN — 01.08.2000 — 001.001 — 2
Whereas account should be taken of the principles of the International Labour
Organization with regard to the organization of working time, including thoserelating to night work;
Whereas, with respect to the weekly rest period, due account should be taken
of the diversity of cultural, ethnic, religious and other factors in the Member
States; whereas, in particular, it is ultimately for each Member State to decide
whether Sunday should be included in the weekly rest period, and if so to whatextent;
Whereas research has shown that the human body is more sensitive at night to
environmental disturbances and also to certain burdensome forms of work
organization and that long periods of night work can be detrimental to the
health of workers and can endanger safety at the workplace;
Whereas there is a need to limit the duration of periods of night work,
including overtime, and to provide for employers who regularly use night
workers to bring this information to the attention of the competent authorities
if they so request;
Whereas it is important that night workers should be entitled to a free health
assessment prior to their assignment and thereafter at regular intervals andthat whenever possible they should be transferred to day work for which they
are suited if they suffer from health problems;
Whereas the situation of night and shift workers requires that the level of
safety and health protection should be adapted to the nature of their work andthat the organization and functioning of protection and prevention servicesand resources should be efficient;
Whereas specific working conditions may have detrimental effects on the
safety and health of workers; whereas the organization of work according to a
certain pattern must take account of the general principle of adapting work tothe worker;
Whereas, given the specific nature of the work concerned, it may be necessary
to adopt separate measures with regard to the organization of working time in
certain sectors or activities which are excluded from the scope of this
Directive;
Whereas, in view of the question likely to be raised by the organization of
working time within an undertaking, it appears desirable to provide for
flexibility in the application of certain provisions of this Directive, whilst
ensuring compliance with the principles of protecting the safety and health ofworkers;
Whereas it is necessary to provide that certain provisions may be subject to
derogations implemented, according to the case, by the Member States or the
two sides of industry; whereas, as a general rule, in the event of a derogation,
the workers concerned must be given equivalent compensatory rest periods,
HAS ADOPTED THIS DIRECTIVE:
SECTION I
SCOPE AND DEFINITIONS
Article 1
Purpose and scope
1. This Directive lays down minimum safety and health requirements for the
organization of working time.
2. This Directive applies to:(a) minimum periods of daily rest, weekly rest and annual leave, to breaks
and maximum weekly working time; and
(b) certain aspects of night work, shift work and patterns of work.
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, withoutprejudice to Articles 14 and 17 of this Directive.!B
!M11993L0104 — EN — 01.08.2000 — 001.001 — 3
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 ofworking time of seafarers, concluded by the European CommunityShipowners’ Association (ECSA) and the Federation of Transport Workers’
Unions in the European Union (FST) (
1) without prejudice to Article 2(8) of
this Directive.
4. The provisions of Directive 89/391/EEC are fully applicable to the
matters referred to in paragraph 2, without prejudice to more stringent and/orspecific provisions contained in this Directive.
Article 2
Definitions
For the purposes of this Directive, the following definitions shall apply:
1.working time shall mean any period during which the worker is working,
at the employer’ s disposal and carrying out his activity or duties, in
accordance with national laws and/or practice;
2.rest period shall mean any period which is not working time;
3.night time shall mean any period of not less than seven hours, as defined
by national law, and which must include in any case the period between
midnight and 5 a. m.;
4.night worker shall mean:
(a) on the one hand, any worker, who, during night time, works at least
three hours of his daily working time as a normal course; and
(b) on the other hand, any worker who is likely during night time to work
a certain proportion of his annual working time, as defined at the
choice of the Member State concerned:
(i) by national legislation, following consultation with the two sides
of industry; or
(ii) by collective agreements or agreements concluded between the
two sides of industry at national or regional level;
5.shift work shall mean any method of organizing work in shifts whereby
workers succeed each other at the same work stations according to a
certain pattern, including a rotating pattern, and which may be continuous
or discontinuous, entailing the need for workers to work at different timesover a given period of days or weeks;
6.shift worker shall mean any worker whose work schedule is part of shift
work;
7. ‘mobile worker’ shall mean any worker employed as a member of
travelling or flying personnel by an undertaking which operates transportservices 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 exploration, 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 irregularworking patterns, they do not cause injury to themselves, to fellowworkers or to others and that they do not damage their health, either in the
short term or in the longer term.!M1
(1) OJ L 167, 2.7.1999, p. 33.!B
!M11993L0104 — EN — 01.08.2000 — 001.001 — 4
SECTION II
MINIMUM REST PERIODS — OTHER ASPECTS OF THE ORGAN-
IZATION OF WORKING TIME
Article 3
Daily rest
Member States shall take the measures necessary to ensure that every worker
is entitled to a minimum daily rest period of 11 consecutive hours per 24-hour
period.
Article 4
Breaks
Member States shall take the measures necessary to ensure that, where the
working day is longer than six hours, every worker is entitled to a rest break,
the details of which, including duration and the terms on which it is granted,shall be laid down in collective agreements or agreements between the twosides of industry or, failing that, by national legislation.
Article 5
Weekly rest period
Member States shall take the measures necessary to ensure that, per each
seven-day period, every worker is entitled to a minimum uninterrupted restperiod of 24 hours plus the 11 hours’ daily rest referred to in Article 3.
If objective, technical or work organization conditions so justify, a minimumrest period of 24 hours may be applied.
Article 6
Maximum weekly working time
Member States shall take the measures necessary to ensure that, in keeping
with the need to protect the safety and health of workers:
1. the period of weekly working time is limited by means of laws,
regulations or administrative provisions or by collective agreements oragreements between the two sides of industry;
2. the average working time for each seven-day period, including overtime,
does not exceed 48 hours.
Article 7
Annual leave
1. Member States shall take the measures necessary to ensure that every
worker is entitled to paid annual leave of at least four weeks in accordancewith the conditions for entitlement to, and granting of, such leave laid downby national legislation and/or practice.
2. The minimum period of paid annual leave may not be replaced by an
allowance in lieu, except where the employment relationship is terminated.
SECTION III
NIGHT WORK — SHIFT WORK — PATTERNS OF WORK
Article 8
Length of night work
Member States shall take the measures necessary to ensure that:
1. normal hours of work for night workers do not exceed an average of eight
hours in any 24-hour period;!B
!M1
!B1993L0104 — EN — 01.08.2000 — 001.001 — 5
2. night workers whose work involves special hazards or heavy physical or
mental strain do not work more than eight hours in any period of 24 hoursduring which they perform night work.
For the purposes of the aforementioned, work involving special hazards
or heavy physical or mental strain shall be defined by national legislationand/or practice or by collective agreements or agreements concluded
between the two sides of industry, taking account of the specific effects
and hazards of night work.
Article 9
Health assessment and transfer of night workers to day work
1. Member States shall take the measures necessary to ensure that:
(a) night workers are entitled to a free health assessment before their
assignment and thereafter at regular intervals;
(b) night workers suffering from health problems recognized as being
connected with the fact that they perform night work are transferred
whenever possible to day work to which they are suited.
2. The free health assessment referred to in paragraph 1 (a) must comply
with medical confidentiality.
3. The free health assessment referred to in paragraph 1 (a) may be
conducted within the national health system.
Article 10
Guarantees for night-time working
Member States may make the work of certain categories of night workers
subject to certain guarantees, under conditions laid down by nationallegislation and/or practice, in the case of workers who incur risks to theirsafety or health linked to night-time working.
Article 11
Notification of regular use of night workers
Member States shall take the measures necessary to ensure that an employer
who regularly uses night workers brings this information to the attention of
the competent authorities if they so request.
Article 12
Safety and health protection
Member States shall take the measures necessary to ensure that:
1. night workers and shift workers have safety and health protection
appropriate to the nature of their work;
2. appropriate protection and prevention services or facilities with regard to
the safety and health of night workers and shift workers are equivalent tothose applicable to other workers and are available at all times.
Article 13
Pattern of work
Member States shall take the measures necessary to ensure that an employer
who intends to organize work according to a certain pattern takes account ofthe general principle of adapting work to the worker, with a view, in particular,
to alleviating monotonous work and work at a predetermined work-rate,
depending on the type of activity, and of safety and health requirements,especially as regards breaks during working time.!B1993L0104 — EN — 01.08.2000 — 001.001 — 6
SECTION IV
MISCELLANEOUS PROVISIONS
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.
Article 15
More favourable provisions
This Directive shall not affect Member States’ right to apply or introduce
laws, regulations or administrative provisions more favourable to the
protection of the safety and health of workers or to facilitate or permit theapplication of collective agreements or agreements concluded between thetwo sides of industry which are more favourable to the protection of the safety
and health of workers.
Article 16
Reference periods
Member States may lay down:
1. for the application of Article 5 (weekly rest period), a reference period
not exceeding 14 days;
2. for the application of Article 6 (maximum weekly working time), a
reference period not exceeding four months.
The periods of paid annual leave, granted in accordance with Article 7,
and the periods of sick leave shall not be included or shall be neutral inthe calculation of the average;
3. for the application of Article 8 (length of night work), a reference period
defined after consultation of the two sides of industry or by collectiveagreements or agreements concluded between the two sides of industry at
national or regional level.
If the minimum weekly rest period of 24 hours required by Article 5 falls
within that reference period, it shall not be included in the calculation of
the average.
Article 17
Derogations
1. With due regard for the general principles of the protection of the safety
and health of workers, Member States may derogate from Article 3, 4, 5, 6, 8
or 16 when, on account of the specific characteristics of the activityconcerned, the duration of the working time is not measured and/orpredetermined or can be determined by the workers themselves, and
particularly in the case of:
(a) managing executives or other persons with autonomous decision-taking
powers;
(b) family workers; or
(c) workers officiating at religious ceremonies in churches and religious
communities.
2. Derogations may be adopted by means of laws, regulations or adminis-
trative provisions or by means of collective agreements or agreements
between the two sides of industry provided that the workers concerned are
afforded equivalent periods of compensatory rest or that, in exceptional casesin which it is not possible, for objective reasons, to grant such equivalent!B
!M1
!B1993L0104 — EN — 01.08.2000 — 001.001 — 7
periods of compensatory rest, the workers concerned are afforded appropriate
protection:
2.1. from Articles 3, 4, 5, 8 and 16:
(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;
(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;
(c) in the case of activities involving the need for continuity of service or
production, particularly:
(i) services relating to the reception, treatment and/or care provided
by hospitals or similar establishments, including the activities ofdoctors in training, residential institutions and prisons;
(ii) dock or airport workers;
(iii) press, radio, television, cinematographic production, postal and
telecommunications services, ambulance, fire and civil pro-tection services;
(iv) gas, water and electricity production, transmission and dis-
tribution, household refuse collection and incineration plants;
(v) industries in which work cannot be interrupted on technical
grounds;
(vi) research and development activities;
(vii)agriculture;(viii) workers concerned with the carriage of passengers on regular
urban transport services;
(d) where there is a foreseeable surge of activity, particularly in:
(i) agriculture;(ii) tourism;
(iii) postal services;
(e) in the case of persons working in railway transport:
(i) whose activities are intermittent;
(ii) who spend their working time on board trains; or
(iii) whose activities are linked to transport timetables and to
ensuring the continuity and regularity of traffic;
2.2. from Articles 3, 4, 5, 8 and 16:
(a) in the circumstances described in Article 5 (4) of Directive
89/391/EEC;
(b) in cases of accident or imminent risk of accident;
2.3. from Articles 3 and 5:
(a) in the case of shift work activities, each time the worker changes shift
and cannot take daily and/or weekly rest periods between the end ofone shift and the start of the next one;
(b) in the case of activities involving periods of work split up over the
day, particularly those of cleaning staff;
2.4. from Articles 6 and 16(2) in the case of doctors in training:
(a) with respect to Article 6, for a transitional period of five years from 1
August 2004.
(i) Member States may have up to two more years, if necessary, to
take account of difficulties in meeting the working time!B
!M1
!B
!M11993L0104 — EN — 01.08.2000 — 001.001 — 8
provisions 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, theMember State concerned shall inform the Commission giving its
reasons, so that the Commission can give an opinion, after
appropriate consultations, within the three months followingreceipt of such information. If the Member State does not followthe opinion of the Commission, it will justify its decision. The
notification and justification of the Member State and the
opinion of the Commission shall be published in the Official
Journal of the European Communities and forwarded to the
European Parliament.
(ii) Member States may have an additional period of up to one year,
if necessary, to take account of special difficulties in meeting theabovementioned responsibilities. They shall follow the pro-
cedure set out in paragraph (i).
Within the context of the transitional period:
(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 thefollowing two years and an average of 52 for any remainingperiod.
(iv) The employer shall consult the representatives of the employees
in good time with a view to reaching an agreement, whereverpossible, on the arrangements applying to the transitional period.Within the limits set out in point (iii), such an agreement may
cover:
— the average number of weekly hours of work during the
transitional period; and
— the measures to be adopted to reduce weekly working hours
to an average of 48 by the end of the transitional period;
(b) with respect to Article 16(2), provided that the reference period does
not exceed 12 months, during the first part of the transitional periodspecified in paragraph (a) (iii), and six months thereafter.
3. Derogations may be made from Articles 3, 4, 5, 8 and 16 by means of
collective agreements or agreements concluded between the two sides ofindustry at national or regional level or, in conformity with the rules laiddown by them, by means of collective agreements or agreements concluded
between the two sides of industry at a lower level.
Member States in which there is no statutory system ensuring the conclusion
of collective agreements or agreements concluded between the two sides ofindustry at national or regional level, on the matters covered by this Directive,
or those Member States in which there is a specific legislative framework for
this purpose and within the limits thereof, may, in accordance with nationallegislation and/or practice, allow derogations from Articles 3, 4, 5, 8 and 16by way of collective agreements or agreements concluded between the two
sides of industry at the appropriate collective level.
The derogations provided for in the first and second subparagraphs shall be
allowed on condition that equivalent compensating rest periods are granted to
the workers concerned or, in exceptional cases where it is not possible for
objective reasons to grant such periods, the workers concerned are affordedappropriate protection.
Member States may lay down rules:
— for the application of this paragraph by the two sides of industry, and
— for the extension of the provisions of collective agreements or agreements
concluded in conformity with this paragraph to other workers inaccordance with national legislation and/or practice.
4. The option to derogate from point 2 of Article 16, provided in paragraph
2, points 2.1. and 2.2. and in paragraph 3 of this Article, may not result in the
establishment of a reference period exceeding six months.!M1
!B1993L0104 — EN — 01.08.2000 — 001.001 — 9
However, Member States shall have the option, subject to compliance with the
general principles relating to the protection of the safety and health ofworkers, of allowing, for objective or technical reasons or reasons concerningthe organization of work, collective agreements or agreements concluded
between the two sides of industry to set reference periods in no event
exceeding 12 months.
Before the expiry of a period of seven years from the date referred to in
Article 18 (1) (a), the Council shall, on the basis of a Commission proposal
accompanied by an appraisal report, re-examine the provisions of this
paragraph and decide what action to take.
Article 17a
Mobile workers and offshore work
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 isconsultation of representatives 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 ortechnical reasons or reasons concerning the organisation of work, extend thereference period referred to in Article 16(2) to twelve months in respect of
workers who mainly perform offshore work.
4. On 1 August 2005 the Commission shall, after consulting the Member
States and management and labour at European level, review the operation ofthe provisions with regard to offshore workers from a health and safety
perspective with a view to presenting, if need be, the appropriate
modifications.
Article 17b
Workers on board sea-going fishing vessels
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 MemberState is entitled to adequate rest and to limit the number of hours of work to48 hours a week on average calculated over a reference period not exceeding
12 months.
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 protectthe safety and health of such workers,
(a) the working hours are limited to a maximum number of hours which shall
not be exceeded in a given period of time, or
(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, regulations, administrative provisions or bycollective agreements or agreements between the two sides of the industry.
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;
or
(b) minimum hours of rest which shall not be less than:
(i) 10 hours in any 24-hour period, and!B
!M11993L0104 — EN — 01.08.2000 — 001.001 — 10
(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 consecutiveperiods of rest shall not exceed 14 hours.
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 exceptions,
including the establishment of reference periods, to the limits laid down inparagraphs 2, 4 and 5. Such exceptions shall, as far as possible, comply with
the standards laid down but may take account of more frequent or longer leave
periods or the granting of compensatory leave for the workers. Theseexceptions may be laid down by means of
(i) laws, regulations or administrative provisions provided there is con-
sultation, where possible, of the representatives of the employers and
workers concerned and efforts are made to encourage all relevant forms
of social dialogue, or
(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 vessel, persons on board or cargo, or for the purpose of giving
assistance to other vessels or persons in distress at sea.
8. Members States may provide that workers on board sea-going fishing
vessels for which national legislation or practice determines that these vesselsare not allowed to operate in a specific period of the calendar year exceeding
one month, shall take annual leave in accordance with Article 7 within the
abovementioned period.
Article 18
Final provisions
1. (a) Member States shall adopt the laws, regulations and administrative
provisions necessary to comply with this Directive by 23 November
1996, or shall ensure by that date that the two sides of industryestablish the necessary measures by agreement, with Member Statesbeing obliged to take any necessary steps to enable them to guarantee
at all times that the provisions laid down by this Directive are
fulfilled
(b) (i) However, a Member State shall have the option not to apply
Article 6, while respecting the general principles of the
protection of the safety and health of workers, and provided it
takes the necessary measures to ensure that:
— no employer requires a worker to work more than 48 hours
over a seven-day period, calculated as an average for thereference period referred to in point 2 of Article 16, unless
he has first obtained the worker’ s agreement to perform such
work,
— no worker is subjected to any detriment by his employer
because he is not willing to give his agreement to performsuch work,
— the employer keeps up-to-date records of all workers who
carry out such work,
— the records are placed at the disposal of the competent
authorities, which may, for reasons connected with thesafety and/or health of workers, prohibit or restrict the
possibility of exceeding the maximum weekly working
hours,
— the employer provides the competent authorities at their
request with information on cases in which agreement hasbeen given by workers to perform work exceeding 48 hours
over a period of seven days, calculated as an average for the
reference period referred to in point 2 of Article 16.!M1
!B1993L0104 — EN — 01.08.2000 — 001.001 — 11
Before the expiry of a period of seven years from the date
referred to in (a), the Council shall, on the basis of aCommission proposal accompanied by an appraisal report,re-examine the provisions of this point (i) and decide on what
action to take.
(ii) Similarly, Member States shall have the option, as regards the
application of Article 7, of making use of a transitional period of
not more than three years from the date referred to in (a),provided that during that transitional period:
— every worker receives three weeks’ paid annual leave in
accordance with the conditions for the entitlement to, and
granting of, such leave laid down by national legislation
and/or practice, and
— the three-week period of paid annual leave may not be
replaced by an allowance in lieu, except where theemployment relationship is terminated.
(c) Member states shall forthwith inform the Commission thereof.
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 suchreference on the occasion of their official publication. The methods of makingsuch a reference shall be laid down by the Member states.
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 requirementsprovided for in this Directive are complied with, implementation of thisDirective shall not constitute valid grounds for reducing the general level of
protection afforded to workers.
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.
5. Member States shall report to the Commission every five years on the
practical implementation of the provisions of this Directive, indicating theviewpoints of the two sides of industry.
The Commission shall inform the European Parliament, the Council, the
Economic and Social Committee and the Advisory Committee on Safety,
Hygiene and Health Protection at Work thereof.
6. Every five years the Commission shall submit to the European
Parliament, the Council and the Economic and Social Committee a report
on the application of this Directive taking into account paragraphs 1, 2, 3, 4and 5.
Article 19
This Directive is addressed to the Member States.!B1993L0104 — EN — 01.08.2000 — 001.001 — 12