COMMISSION OF THE EUROPEAN COMMUNITIES
Brussels, 24.6.2002
COM(2002) 336 final
2002/0131 (COD)
Proposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
concerning certain aspects of the organisation of working time
(codified version)
(presented by the Commission)
2EXPLANATORY MEMORANDUM
1. In the context of a people’s Europe, th e Commission attaches great importance to
simplifying and clarifying Community law so as to make it clearer and moreaccessible to the ordinary citizen, thus giving him new opportunities and the chance
to make use of the specific rights it gives him.
This aim cannot be achieved so long as numerous provisions that have been amended
several times, often quite substantially, remain scattered, so that they must be soughtpartly in the original instrument and partly in later amending ones. Considerableresearch work, comparing many different instruments, is thus needed to identify thecurrent rules.
For this reason a codification of rules that  have frequently been amended is also
essential if Community law is to be clear and transparent.
2. On 1 April 1987 the Commission therefore deci ded to instruct its staff that all
legislative measures should be codified after no more
 than ten amendments, stressing
that this was a minimum requirement a nd that departments should endeavour to
consolidate at even shorter intervals the texts for which they were responsible, to
ensure that the Community rules we re clear and readily understandable.
3. The Conclusions of the Presidency of the Edinburgh European Council
(December 1992) confirmed this, stressing the importance of legislative (official)
codification as it offers certainty as to the law applicable to a given matter at a given
time.
It must be undertaken in full complianc e with the normal Community legislative
procedure.
Given that no changes of substance may be  made to the instruments affected by
official codification, Parliament, the C ouncil and the Commission have agreed, by an
interinstitutional agreement dated 20 Decem ber 1994, that an accelerated procedure
may be used for the fast-track a doption of codification instruments.
4. The purpose of this proposal1 for official codifica tion of Council Directive
93/104/EC of 23 November 1993, concerning certain aspects of the organisation of
working time, is to undertake official codifi cation of this type. The new directive will
supersede the various directives incorporated in it2; their content is fully preserved,
and they are brought together with only such formal amendments as are required by
the codification exercise itself.
                                                
1Entered in the legislative programme for 2002.
2See Annex I, Part A of this proposal.
35. The codification proposal was drawn up on th e basis of a preliminary consolidation ,
in all official languages, of Directiv e 93/104/EC, and the instrument amending it,
carried out by the Office of Official Publications of the European Communities, bymeans of its data-processing system. A lthough the Articles have been given new
numbers, the correlation between the old a nd the new numbers is shown in a table
contained in Annex II to the codified Directive.
42002/0131 (COD)
/g234 93/104/EC
Proposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
concerning certain aspects of the organisation of working time
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Article 137(2) thereof,
Having regard to the proposal from the Commission,Having regard to the opinion of the Economic and Social Committee
3,
Having regard to the opinion of the Committee of the Regions4,
Acting in accordance with the procedure referred to in Article 251 of the Treaty5,
Whereas:
/g234
/g2321 2000/34/EC Recital (2)
(1) Council Directive 93/104/EC of 23 November 1993, concerning certain aspects of the
organisation of working time6, /g2321 which 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 work ing time, annual leave and aspects of night
work, shift work and patterns of work, /g231 has been substantially amended
7. In the
interests of clarity and ra tionality that Directive should therefore be codified.
                                                
3OJ C […], […], p. […].
4OJ C […], […], p. […].
5OJ C […], […], p.[…].
6OJ L 307, 13.12.1993, p. 18. Directive amended by Directive 2000/34/EC of the European Parliament
and of the Council (OJ L 195, 1.8.2000, p. 41).
7See Annex I, Part A.
5/g234 2000/34/EC Recital (1)
(2) Article 137 of the Treaty provides that th e Community is to support and complement
the activities of the Member States with a view to improving the working environmentto protect workers' health and safety. Direc tives adopted on the basis of that Article are
to avoid imposing administrative, financial and legal constraints in a way which wouldhold back the creation and development of  small and medium-sized undertakings.
/g234 93/104/EC Recital (3) (adapted)
(3) 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 work8
remain fully applicable to the areas cove red by this Directive without prejudice to
more stringent and/or specific provisions contained  herein.
/g234 93/104/EC Recital (5)
(4) The improvement of workers' safety, hygiene and health at work is an objective which
should not be subordinated to purely economic considerations.
/g234 93/104/EC Recital (8) (adapted)
/g2321 2000/34/EC Recital (11)
(5) /g2321 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. /g231 Community
workers must be granted minimum daily, we ekly and annual periods of rest and
adequate breaks. I It is also necessary  in this context to place a maximum limit on
weekly working hours.
/g234 93/104/EC Recital (9)
(6) Account should be taken of the principles  of the International Labour Organization
with regard to the organisation of working time, including those relating to night work.
/g234 93/104/EC Recital (11)
(7) Research has shown that the human body is more sensitive at night to environmental
disturbances and also to certain burdensome  forms of work organisation and that long
periods of night work can be detrimental to the health of workers and can endanger
safety at the workplace.
                                                
8OJ L 183, 29. 6. 1989, p. 1.
6/g234 93/104/EC Recital (12)
(8) 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 tothe attention of the competent authorities if they so request.
/g234 93/104/EC Recital (13)
(9) It is important that night workers should be  entitled to a free health assessment prior to
their assignment and thereafter at regular intervals and that whenever possible theyshould be transferred to day work for whic h they are suited if they suffer from health
problems.
/g234 93/104/EC Recital (14)
(10) The situation of night and shift workers re quires that the level of safety and health
protection should be adapted to the nature of  their work and that the organisation and
functioning of protection and prevention se rvices and resources should be efficient.
/g234 93/104/EC Recital (15)
(11) Specific working conditions may have detrime ntal effects on the safety and health of
workers.The organisation of work according to a certain pattern must take account of
the general principle of adapting work to the worker.
/g234 2000/34/EC Recital (12)
(adapted)
(12) A European Agreement in respect of the working time of seafarers has been put into
effect by means of the Council Directiv e 1999/63/EC of 21 June 1999 concerning the
Agreement on the organization of working time of seafarers concluded by theEuropean Community Shipowners' Asso ciation (ECSA) and the Federation of
Transport Workers' Unions in the European Union (FST) 
9based on  Article 139(2) of
the Treaty. Accordingly, the provisions of th is Directive should not apply to seafarers.
                                                
9OJ L 167, 2.7.1999, p. 33.
7/g234 2000/34/EC Recital (13)
(adapted)
(13) In the case of those “share-fishermen” w ho are employees, Member States should be
given the option to determine, pursuant to this Directive, the conditions for entitlementto, and granting of, annual leave, incl uding the arrangements for payments.
/g234 2000/34/EC Recital (14)
(14) Specific standards laid down in other Communi ty instruments relating, for example, to
rest periods, working time, annual leave and night work for certain categories ofworkers should take precedence over the provisions of this Directive.
/g234 93/104/EC Recital (17)
(15) In view of the question likely to be raised by the organisation of working time within
an undertaking, it appears desirable to pr ovide for flexibility in the application of
certain provisions of this Directive, whilst ensuring compliance with the principles ofprotecting the safety and health of workers.
/g234 93/104/EC Recital (18)
(16) It is necessary to provide that certai n provisions may be subject to derogations
implemented, according to the case, by the Me mber States or the two sides of industry.
As a general rule, in the event of a dero gation, the workers concerned must be given
equivalent compensatory rest periods.
/g234
(17) This Directive should not affect the obligati ons of the Member States concerning the
deadlines for transposition of the Directives set out in Annex I, part B,
8/g234 93/104/EC
HAVE ADOPTED THIS DIRECTIVE:
CHAPTER I
SCOPE AND DEFINITIONS
Article 1
Purpose and scope
1. This Directive lays down minimum safety and health requirements for the
organisation 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.
/g234 2000/34/EC Art. 1, pt.1
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,
17 and 18 of this Directive.
This Directive shall not apply to seaf arers, as defined in Directive 1999/63/EC
without prejudice to Article 2(8) of this Directive.
/g234 93/104/EC
4. The provisions of Directiv e 89/391/EEC are fully applicab le to the matters referred
to in paragraph 2, without prejudice to more stringent and/or specific provisions
contained in this Directive.
Article 2
Definitions
For the purposes of this Directive, the following definitions shall apply:
9(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 withnational 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 cas e 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 lik ely 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, includinga rotating pattern, and whic h may be continuous or discontinuous, entailing the need
for workers to work at different times over a given period of days or weeks;
(6) shift worker  shall mean any worker whose work schedule is part of shift work;
/g234 2000/34/EC Art. 1, pt. 2
(7) mobile worker  shall mean any worker employed as a member of travelling or flying
personnel by an undertaking which operat es 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 indi rectly in connection with the exploration,
extraction or exploitation of mineral re sources, including hydrocarbons, and diving
in connection with such activities, whether performed from an offshore installationor a vessel;
(9) adequate rest  shall mean that workers have re gular 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 notcause injury to themselves, to fellow workers or to others and that they do notdamage their health, either in the short term or in the longer term.
10/g234 93/104/EC
CHAPTER II
MINIMUM REST PERIODS — OTHER ASPECTS OF THE
ORGANISATION 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 c onsecutive 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 oragreements between the two sides of industr y 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 uninterrupt ed rest period of 24 hours plus the 11 hours'
daily rest referred to in Article 3.
If objective, technical or work organisation conditions so justify, a minimum rest 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:
(a) the period of weekly working time is limited by means of laws, regulations or
administrative provisions or by collective agreements or agreements between the twosides of industry;
11(b) the average working time for each se ven-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 accordance with the conditions
for entitlement to, and granting of, such leave laid down by national legislationand/or practice.
2. The minimum period of paid annual leave ma y not be replaced by an allowance in
lieu, except where the employment relationship is terminated.
CHAPTER III
NIGHT WORK — SHIFT WORK — PATTERNS OF WORK
Article 8
Length of night work
Member States shall take the measures necessary to ensure that:
(a) normal hours of work for night workers do not exceed an average of eight hours in
any 24-hour period;
(b) night workers whose work involves speci al hazards or heavy physical or mental
strain do not work more than eight hours in any period of 24 hours during which they
perform night work.
/g234 93/104/EC (adapted)
For the purposes of point (b), work involving special hazards or heavy physical or mental
strain shall be defined by nati onal legislation and/or practice or by collective agreements or
agreements concluded between the two sides of i ndustry, taking account of the specific effects
and hazards of night work.
12/g234 93/104/EC
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 today 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 national legislation and/or practice, in the case of
workers who incur risks to their safety 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 theyso request.
Article 12
Safety and health protection
Member States shall take the measures necessary to ensure that:
(a) night workers and shift workers have safe ty and health protecti on appropriate to the
nature of their work;
(b) appropriate protection and prevention services or facilities with regard to the safety
and health of night workers and shift work ers are equivalent to those applicable to
other workers and are available at all times.
13Article 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 ta kes account of the 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 ty pe of activity, and of safety and health
requirements, especially as regards breaks during working time.
CHAPTER IV
MISCELLANEOUS PROVISIONS
/g234 2000/34/EC Art. 1, pt. 4
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 oroccupational activities.
/g234 93/104/EC
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 the application of collective agreements or agreementsconcluded between the two sides of industry wh ich are more favourable to the protection of
the safety and health of workers.
Article 16
Reference periods
Member States may lay down:
(a) for the application of Article 5 (weekly rest period), a reference period not exceeding
14 days;
14(b) for the application of Article 6 (maximum weekly working time), a reference period
not exceeding four months.
The periods of paid annual leave, grante d in accordance with Article 7, and the
periods of sick leave shall not be included or  shall be neutral in the calculation of the
average;
(c) for the application of Ar ticle 8 (length of night work), a reference period defined
after consultation of the tw o sides of industry or by collective agreements or
agreements concluded between the two sides of industry at nationa l or regional level.
If the minimum weekly rest period of 24 hour s required by Article 5 falls within that
reference period, it shall not be include d in the calculation of the average.
Article 17
Derogations
/g234 93/104/EC (adapted)
1. With due regard for the general principles  of the protection of the safety and health
of workers, Member States may deroga te from Articles 3 to 6, 8 and 16 when, on
account of the specific characteristics of th e activity concerned, the duration of the
working time is not measured and/or predetermined or can be determined by theworkers themselves, and par ticularly in the case of:
/g234 93/104/EC
(a) managing executives or other pers ons with autonomous decision-taking
powers;
(b) family workers; or(c) workers officiating at religious ceremonies in churches and religious
communities.
/g234 93/104/EC (adapted)
2. Derogations provided for in paragraphs 3, 4 and 5 may be adopted by means of laws,
regulations or administrative provisions or by means of collective agreements oragreements between the two sides of indus try provided that the workers concerned
are afforded equivalent periods of compensatory rest or that, in exceptional cases inwhich it is not possible, for objective reas ons, to grant such equivalent periods of
compensatory rest, the workers concerned are afforded appropriate protection.
15/g234 2000/34/EC Art. 1, pt. 5
(adapted)
3. In accordance with paragraph 2 of this Article derogations from Articles 3, 4, 5, 8
and 16 shall be permitted:
(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 th e need for continuity of service or
production, particularly:
(i) services relating to the recepti on, treatment and/or care provided by
hospitals or similar establishments, including the activities of doctors intraining, residential institutions and prisons;
(ii) dock or airport workers;(iii) press, radio, tele vision, cinematographic production, postal and
telecommunications services, ambul ance, fire and civil protection
services;
(iv) gas, water and electricity pr oduction, transmission and distribution,
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
16(iii) whose activities are linked to transport timetables and to ensuring the
continuity and regularity of traffic;
/g234 93/104/EC
(f) in the circumstances described in Article 5(4) of Directive 89/391/EEC;
(g) in cases of accident or imminent risk of accident.
/g234 93/104/EC, (adapted)
4. In accordance with paragraph 2 of this Article derogations from Articles 3 and 5
shall be permitted:
(a) in the case of shift work activities, each time the worker changes shift and
cannot take daily and/or weekly rest pe riods between the end of one 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.
/g234 2000/34/EC Art. 1, pt. 6
(adapted)
5. In accordance with paragraph 2 of this Article, derogations from Article 6 and
point (b) of Article 16 shall be permitted, in the case of doctors in training, inaccordance with the provisions set out in th e second to the sixth subparagraphs of this
paragraph.
With respect to Article 6 de rogations referred to in the first subparagraph shall be
permitted for a transitional period of five years from 1 August 2004.
Member States may have up to two more years, if necessary, to take account of
difficulties in meeting the working time provisions with respect to theirresponsibilities for the organisation and deliver y 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 Commissioncan give an opinion, after appr opriate consultations , within the three months following
receipt of such information. If the Member  State does not follow the opinion of the
Commission, it will justify its decision. The notification and jus tification 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.
Member States may have an additional period of up to one year, if necessary, to take
account of special difficulties in meeting th e responsibilities referred to in the third
subparagraph. They shall follow the pro cedure set out in that subparagraph.
17Member 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 remainingperiod.
The employer shall consult the representativ es of the employees in good time with a
view to reaching an agreement, wherever possible, on the arrangements applying tothe transitional period. Within the limits se t out in the fifth subparagraph, such an
agreement may cover:
(a) the average number of weekly hours of work during the transitional period; and
(b) the measures to be adopted to reduce weekly working hours to an average of 48
by the end of the transitional period.
With respect to point (b) of Article 16 derogations referred to in the first
subparagraph shall be per mitted provided that the reference period does not exceed
12 months, during the first part of the tr ansitional period specified in the fifth
subparagraph , and six months thereafter.
/g234 93/104/EC, Art. 17 (3) and (4)
(adapted)
Article 18
Derogations by collective agreements
1. Derogations may be made from Article s 3, 4, 5, 8 and 16 by means of collective
agreements or agreements concluded between  the two sides of industry at national or
regional level or, in conformity with the rules laid down by them, by means ofcollective agreements or agreements conc luded 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 conc luded between the two sides of industry at
national or regional level, on the matters covered by this Directive, or those MemberStates in which there is a specific legislative framework for this purpose and withinthe limits thereof, may, in accordance with national legislation a nd/or practice, allow
derogations from Articles 3, 4, 5, 8 and 16 by way of collective agreements oragreements 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 re st 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 concerne d are afforded appropriate protection.
Member States may lay down rules:(a) for the application of this paragr aph by the two sides of industry; and
18(b) for the extension of the provisions of collective agreements or agreements
concluded in conformity with this para graph to other workers in accordance
with national legisla tion and/or practice.
2. The option to derogate from point (b) of  Article 16, provided for in paragraph 3 of
Article 17  and in paragraph 1  of this Article, may not result in the establishment ofa reference period exceeding six months.
However, Member States shall have th e option, subject to compliance with the
general principles relating to the protection of the safety and health of workers, of
allowing, for objective or technical reasons or reasons concerning the organisation of
work, collective agreements or agreements concluded between the two sides ofindustry to set reference periods in no event exceeding 12 months.
Before 23 November 2003, the Council sha ll, on the basis of a Commission proposal
accompanied by an appraisal report, re-examine the provisions of this paragraph anddecide what action to take.
/g234 2000/34/EC Art. 1, pt. 7
Article 19
Mobile workers and offshore work
1. Articles 3, 4, 5 and 8 shall not  apply to mobile workers.
Member States shall, however, take the necessary measures to ensure that such
mobile workers are entitled to adequate rest, except in the circumstances laid downin points (f) and (g) of paragraph 3 of Article 17.
2. 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
representatives of the employer and empl oyees concerned and efforts to encourage
all relevant forms of social dialogue, in cluding negotiation if the parties so wish,
Member States may, for objective or tec hnical reasons or reasons concerning the
organization of work, extend the referen ce period referred to in point (b) of
Article 16 to twelve months in respect of workers who mainly perform offshore
work.
/g234 2000/34/EC Art. 1, pt. 7
(adapted)
3. Not later than 1 August 2005 the Co mmission shall, after consulting the
Member States and manageme nt and labour at European level, review the operation
of the provisions with regard to o ffshore workers from a health and safety
perspective with a view to presenting, if  need be, the appropriate modifications.
19/g234 2000/34/EC Art. 1, pt. 7
Article 20
Workers on board sea- going fishing vessels
1. Articles 3 to 6 and 8 sha ll not apply to any worker on board a sea-going fishing
vessel flying the flag of a Member State.
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 isentitled 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.
2. Within the limits set out in para graphs 1, second subparagraph, 3 and 4
Member States shall take the necessary meas ures to ensure that, in keeping with the
need to protect the safety and health of such workers,
(a) the working hours are limited to a ma ximum 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, admin istrative provisions or by collective
agreements or agreements between the two sides of the industry.
3. 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 whic h shall not be less than:
(i) 10 hours in any 24-hour period; and(ii) 77 hours in any seven-day period.
4. 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.
5. 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
organization of work, Member States  may allow exceptions, including the
establishment of reference periods, to the limits laid down in paragraphs 1, second
20subparagraph, 3 and 4 . 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. These exceptions may be laid
down by means of:
(i) laws, regulations or administrative provisions provided there is consultation,
where possible, of the representatives of the employers and workers concernedand efforts are made to encourage all relevant forms of social dialogue; or
(ii) collective agreements or agreemen ts between the two sides of industry.
6. 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.
/g234 2000/34/EC Art. 1, pt. 7
(adapted)
7. Members States may provide that worker s on board sea-going fishing vessels for
which national legislation or practice determines that these vessels are not allowed tooperate in a specific period of the calendar year exceeding one month, shall takeannual leave in accordance with Article 7 within that period.
/g234 93/104/EC Art. 18 (adapted)
Article 21
Miscellaneous provisions
1. 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:
(a) no employer requires a worker to work more than 48 hours over a seven-day
period, calculated as an average for the re ference period referred to in point (b)
of Article 16, unless he has first obtaine d the worker's agreement to perform
such work;
(b) no worker is subjected to any detrime nt by his employer because he is not
willing to give his agreement to perform such work;
(c) the employer keeps up-to-date records of all workers who carry out such work;
(d) the records are placed at the disposal of the competent authorities, which may,
for reasons connected with the safety and/or health of workers, prohibit or
restrict the possibility of exceeding the maximum weekly working hours;
21(e) the employer provides the competent authorities at their request with
information on cases in which agreement has been given by workers to perform
work exceeding 48 hours over a period of se ven days, calculated as an average
for the reference period referred to in point (b) of Article 16.
Before 23 November 2003, the Council sha ll, on the basis of a Commission proposal
accompanied by an appraisal report, re-examine the provisions of this paragraph anddecide on what action to take.
2. 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 from23 November 1996, provided that dur ing that transitional period:
(a) every worker receives three weeks' paid annual leave in accordance with the
conditions for the entitlement to, and granting of, such leave laid down bynational legislation a nd/or practice; and
(b) the three-week period of paid a nnual leave may not be replaced by an
allowance in lieu, except where the employment relationship is terminated.
3. If Member States avail themselves of the options provided for in this Article,
they shall forthwith inform the Commission thereof.
Article 22
Level of Protection
Without prejudice to the right of Member St ates to develop, in the light of changing
circumstances, different legislative, regulato ry or contractual provisions in the field of
working time, as long as the minimum requirements provided for in this Directive arecomplied with, implementation of this Directive shall not  constitute valid grounds for
reducing the general level of pr otection afforded to workers.
Article 23
Final Provisions
1. 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.
2. Member States shall report to the Commission every five years on the practical
implementation of the provisions of this Di rective, indicating the viewpoints 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 HealthProtection at Work thereof.
3. Every five years the Commission shall submit to the European Parliament, the
Council and the Economic and Social Committ ee a report on the application of this
22Directive taking into acc ount Articles 21 and 22 and pa ragraphs 1 and 2 of this
Article.
/g234 2000/34/EC Art. 3 (adapted)
Article 24
Review of the operation of the provisions with regard to  workers on board sea-going
fishing vessels
Not later than 1 August 2009 the Commission sha ll, after consulting the Member States and
management and labour at European level, revi ew the operation of the provisions with regard
to workers on board sea-going fishing vessels , and, in particular examine whether these
provisions remain appropria te, in particular, as far as health and safety are concerned with a
view to proposing suitable amendments, if necessary.
/g234 2000/34/EC Art. 4 (adapted)
Article 25
Review of the operation of the provisions with regard to workers concerned with the
carriage of passengers
Not later than 1 August 2005 the Commission sha ll, after consulting the Member States and
management and labour at European level, revi ew the operation of the provisions with regard
to workers concerned with the carriage of pass engers on regular urban transport services, with
a view to presenting, if need be, the approp riate modifications to ensure a coherent and
suitable approach in the sector.
/g234
Article 26
Repeal
1. Directive 93/104/EC, as amende d by the directive referred to in Annex I, Part A, is
repealed, without prejudice to the obligations of the Member States in respect of the
deadlines for transposition laid down in Annex I, Part B.
2. The reference made to the said repealed directive shall be construed as references to
this Directive and  shall be read in accordance with the correlation table set out inAnnex II.
23Article 27
Entry into force
This Directive shall enter into force on 2 August 2004.
/g234 93/104/EC Art.19 (adapted)
Article 28
Addressees
This Directive is addressed to the Member States.
Done at Brussels,
For the European Parliament For the Council
The President The President
24/g234 2000/34/EC
Commission statement regarding im plementation of  Article 17(5)
The Commission states that it intends, before giving its opinion, to consult management and
labour at the European level and representativ es of the Member States with a view to
delivering its opinion three months after the Commission receives the notification from theMember State.
25/g233
ANNEX I
Part A
Repealed Directive and its amendment
(Article 26)
Council Directive 93/104/EC (OJ L 307, 13.12.1993, p. 18)
Directive 2000/34/EC of the European
Parliament and of the Council(OJ L 195, 1.8.2000, p. 41)
Part B
Deadlines for transposition into national law
(Article 26 )
Directive Deadline for transposition
93/104/EC 23 November 1996
2000/34/EC 1 August 200310
_____________
                                                
101 August 2004 in the case of doctors in training. See Article 2 of Directive 2000/34/EC.
26ANNEX II
CORRELATION TABLE
Directive 93/104/EC This Directive
Articles 1 – 5 Articles 1 – 5
Article 6 introductory words A rticle 6 introductory words
Article 6 point 1 Ar ticle 6 point (a)
Article 6 point 2 Ar ticle 6 point (b)
Article 7 Article 7
Article 8 introductory words A rticle 8 introductory words
Article 8 point 1 Ar ticle 8 point (a)
Article 8 point 2 Ar ticle 8 point (b)
Article 9, 10 and 11 Article 9, 10 and 11
Article 12 introductory words A rticle 12 introductory words
Article 12 point 1 Ar ticle 12 point (a)
Article 12 point 2 Ar ticle 12 point (b)
Articles 13, 14 and 15 Articles 13, 14 and 15
Article 16 introductory words A rticle 16 introductory words
Article 16 point 1 Ar ticle 16 point (a)
Article 16 point 2 Ar ticle 16 point (b)
Article 16 point 3 Ar ticle 16 point (c)
Article 17(1) Article 17(1)
Article 17(2) introduct ory words Article 17(2)
Article 17(2) point  2.1. Article 17(3 )points (a) to (e)
Article 17(2) point  2.2. Article 17(3 ) points (f) to (g)
Article 17(2) point 2.3. Article 17(4 ) .
Article 17(2) point  2.4. Article 17(5 ).
Article 17(3) Article 18(1)
27Article 17(4) Article 18(2)
Article 17 a (1)
Article 17 a(2)Article 17 a (3)Article 17a(4)Article 19(1) first subparagraph
Article 19(1) second subparagraphArticle 19(2)Article 19(3)
Article 17 b(1)Article 17 b(2)Article 17 b (3)Article 17 b (4)Article 17 b (5)Article 17 b (6)Article 17 b (7)Article 17 b (8)Article 20(1) first subparagraph
Article 20(1) second subparagraphArticle 20(2)Article 20(3)Article 20(4)Article 20(5)Article 20(6)Article 20(7)
Article 18(1) point (a) ––––––––
Article 18(1) point (b)(i)
Article 18(1) point (b)(ii)Article 21(1)
Article 21(2)
Article 18(1) point (c) Article 21 (3)
Article 18(2) ––––––––
Article 18(3) Article 22
Article 18(4), A rticle 23 (1)
Article 18(5) Article 23 (2)
Article 18(6) Article 23 (3)
–––––––– Article 2411
–––––––– Article 2512
–––––––– Article 26
                                                
11Directive 2000/34/EC, Article 3.
12Directive 2000/34/EC, Article 4.
28–––––––– Article 27
Article 19 Article 28
–––––––– Annex I
–––––––– Annex II
_____________