COMMISSION OF THE EUROPEAN COMV1UNITIES 
COM(93) 578 final - SYN 295 
Brussels, 16 November 1993 
BHS':K~s* 4B*"ftii Uiffl. Re-exaniiiicd proposal for a 
COUNCIL DIRECTIVE 
concerning certain aspects of the organization of working time 
(presented by the Commission pursuant to Article I89c, paragraph d 
of the EC Treaty) 
Explanatory memorandum 
Introduction 
The initial proposal for this Directive was presented by the Commission on 20 September 
19901. It seeks to establish basic provisions with regard to certain aspects of the organization 
of working time. 
The European Parliament (at the first reading) and the Economic and Social Committee gave 
their opinions on 20 February 1991 and 18 December 1990 respectively. 
The Commission forwarded an amended proposal2 to Council on 23 April 1991. 
On 30 June 1993 the Council adopted a Common Position incorporating amendments 
introduced in the amended proposal from the Commission and, as a result, some amendments 
proposed by the European Parliament at the first reading. The Common Position contained 
a significant number of other changes compared with the amended proposal. 
The European Parliament examined the Common Position at a second reading on 27 October 
1993 and approved it subject to 19 proposed amendments. 
Amendments taken into account 
Of the 19 amendments, the Commission agreed to take account of 9, either wholly or partly, 
in the reexamined proposal. These are as follows: 
New recital 8A 
Amendments No I and 20 
The Commission's proposed new recital draws attention to the need to respect the principles 
of the International Labour Organisation, especially with regard to night work. 
Ninth recital 
Amendment No 2 
This amendment clarifies the recital about the need to take due account of the diversity of 
cultural, ethnic, religious and other factors in determining whether Sunday should be included 
in the weekly rest period. 
New recital 14A 
Amendment No 3 
The amendment proposed the deletion of "doctors in training" from the exclusions from the 
scope of the Directive and an obligation on the Council to adopt Directives on the excluded 
sectors within 3 years. 
The Commission's proposed new recital accepts the exclusion of certain sectors and activities 
from the scope of the Directive, but states explicitly that the Commission will take initiatives 
to ensure the application of the principles of this Directive to those sectors and activities 
COM (90) 317 final 
COM (91) HO final 
3 
Article 16 
Amendment No 9 
The first part of the amendment proposed reduction of the reference period, for calculation 
of the average of 48 hours a week, from four to three months. This was not accepted because 
it was an essential element of the Council system allowing for the introduction of the 
maximum 48 hour a week on average - see also amendment number 14 below. 
The Commission's amendment to Article 16 (based on the second part of Parliament's 
amendment) makes clear that periods of annual leave and sick leave are not to be included 
in the calculation of the average. 
Article 17.2(a) 
Amendment No 11 
This improves the drafting of the derogation in respect of people working away from their 
normal place of work. 
Article 17.2.Uc¥iin 
Amendment No 12 
This makes clear that film production is included in the list of possibilities for derogation 
under the heading of "activities involving the need for continuity of service or production". 
Article 18.2A (new) 
Amendment No 27 
The Commission wishes to draw the Council's attention to the importance which the European 
Parliament attached to the introduction of a "non-regression" clause in an Article of the 
Directive. The Commission considers that the proposed new text represents a reasonable 
compromise between the Parliament's amendment and the Common Position of the Council. 
Article 18.4 
Amendment No 22 
This called for reports to be made by the Commission on the application of this Directive 
every 3 years (Article 18.5). While accepting the need for the frequency of these reports to 
be specified, the Commission proposes 5 years, which would be consistent with the frequency 
at which Member States are required to report to the Commission. 
Amendments not accepted 
The Commission declined to take account of 10 amendments, namely numbers 5, 7, 8, 13, 
14, 15, 16, 17, 18 and 19. 
The Commission wishes to make the following points regarding the amendments which it 
rejected: 
Amendment No 5 
Deletion of reference to possibility of 24 hours' weekly rest (instead of 35) if objective, 
technical or work organisation conditions so justify (Article 5). 
Comment 
This provision was introduced into the Common Position in order to cover the problem of 
shift workers working the late shift on Saturday and the early shift on Monday 
Amendment No 7 
In Article 9.1(b) concerning the transfer of workers to day work when they are unable to 
work at night, the words "whenever possible" would be replaced by "as soon as possible". 
Comment 
The Commission accepts the Council's view that there may, occasionally, be circumstances 
in which transfer to day work may not be possible. 
Amendment No 8 
Reinsertion of amended Commission proposal on consultation and participation of workers 
in accordance with Article 11 of Directive 89/391/EEC; deletion of words "if they so request" 
(Article 11). 
Comment 
The Commission accepts the Council's view that this provision is superfluous, in view of 
Article 1.4 of the Common Position which states that the provisions of Directive 89/39 l/EEC 
are fully applicable; the words "if they so request" were inserted to avoid unnecessary 
bureaucratic procedures. 
Amendment No 13 
Addition of reference in Article 17.3 second sub-paragraph (derogations) to consultation 
between two sides of industry at national or regional level. 
Comment 
The formulation in the Common Position reflects the current practice with regard to 
agreements between employers and workers in some Member States. The amendment would 
have required changes in their industrial relations systems. 
Amendment No 14 
Possibility of extension of reference period for calculation of the average of 48 hours a week 
to be reduced from 6 to 4 months (Article 17.4) 
( Comment 
This was an essential element of the Council system allowing for the introduction of the 
provision for a maximum 48 hour week on average. The Commission maintains its support 
for this system. 
Amendment No 15 
Introduction of adequate inspection systems (New Article 17A) 
Comment 
There is a general obligation on Member States to ensure that Directives are correctly applied. 
The Commission rejected a similar amendment following the first reading. 
Amendment No 16 
Reduction of implementation period from 3 years after adoption to two years (Article 18). 
Comment 
This complex Directive will require major changes to legislation in some Member States. 
Amendment No 17 and 19 
The option not lo apply Article (> (maximum IS hour week) undei certain conditions would 
end automatically after live years without possibility of I'sk'iision 
( 'omnwnf 
See comment on Amendment No 14 
Amendment No 18 
Agreement to voluntary overtime can be given by the workers concerned or their 
representatives at company level. 
Comment 
While declining to make an amendment to the text, the Commission wishes to make clear to 
the Council that it considers that, where a Member State uses the option set out in Article 
18.1(b)(i), workers' representatives should be consulted, where they exist, before agreement 
is reached for a worker to work more than 48 hours a week on average; it also considers that 
such a Member State will have to ensure that any individual who believes he has been 
subjected to any detriment, because he was not willing to give his agreement to perform such 
work, will be able to seek redress through the judicial procedure in place in that Member 
State with regard to individual employment rights. 
Re-examined proposal for a 
Council Directive 
concerning certain aspects of the organization of working time 6 
PREVIOUS TEXT AMENDED TEXT 
Citations and Recitals 1 to 8 Unchanged 
Recital 9 
Whereas, with respect to the weekly rest 
period, due account should be taken of the 
diversity of cultural, ethnic, religious and 
other factors prevailing 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 what extent, Recital 8A (new) 
Whereas it is appropriate that Member 
States take full account of the principles 
of the International Labour Organisation 
with regard to the organisation of working 
time, including those relating 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 existing 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 what extent; 
Recitals 10 to 14 Unchanged 
Recital 14A (new) 
Whereas, because of the specific nature of 
the work, it will be necessary to take 
separate measures with regard to the 
organisation of'working time in certain 
sectors or activities, whereas the 
Com miss i on will take initiatives in respect 
of each of. the sectors ancL activities 
excluded from this Directive: 
Recitals 15 to 17 Unchanged 
Articles I to 15 Unchanged 
Article 16 
Reference periods 
Member States may lay down: 
1) for the application of Article 5 
(weekly rest period), a reference 
period not exceeding 15 days; 
2) for the application of Article o 
(maximum weekly working lime), a 
reference period not exceeding four 
months; 
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 collective 
agreements 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. Unchanged 
2) for the application of Article (> 
(maximum weekly working time), a 
reference period not exceeding four 
months; 
periods of paid annual leave granted in 
accordance with Article 7 and periods 
of sick leave shall not be included in 
the calculation of the average: 
Unchanged 
Article 17 
Derogations 
Paragraph I Unchanued 
Paragraph 2 S 
Derogations may be adopted by means of 
laws, regulations or administrative 
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 cases in which it is not 
possible, for objective reasons, to grant 
such equivalent periods of compensatory 
rest, the workers concerned are afforded 
appropriate protection: Unchanged 
2.1. from Articles 3, 4, 5, 8 and 16: 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. (a) in the case of activities where there 
is a considerable distance between 
the worker's usual place of work and 
the place where he is required to 
work or. where there is no usual 
place of work, between different 
workplaces: 
(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, Unchanged 
(c) in the case of activities involving the 
need for continuity of seivice oi 
production, particularly: I huhaiu'.ed 
(i) services relating to the 
reception, treatment and /or care 
provided by hospitals or similar 
establishments, residential 
institutions and prisons; Unchanged 
(ii) dock or airport workers, Unchanged 
(iii) press, radio, television, postal 
a n d t e I e c o m m u n i c a t i o n s 
services, ambulance, fire and 
civil protection services. (iii) press, radio, television, fi[m 
p r otl ye t i o n , postal an d 
telecommunications services, 
ambulance, lue and civil piotection 
sei vices 
(iv) gas, water and electricity 
production, 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, 
(d) where there is a foreseeable surge of 
activity, particularly in: 
(i) agriculture; 
(ii) tourism, 
(iii) postal services; 
Paragraphs 2.2, 2.3, 3 and 4 Unchanged 
Unchanged 
Unchanged 
Unchanged 
Unchanged 
Unchanged 
Unchanged 
Unchanged 
Article 18 
Final provisions 
Paragraphs 1 and 2 Unchanged 
['anagraph 2\ (new) 
Without prejudice to the rights of Member 
States to develop different legislative and • 
contractual arrangements on working time ?' 
in the light oi^ changing circumstances^ 
provided that the minimum requirements? 
laid down in this Directive are respected, 
the implementation of this Directive shall 
not in any case constitute sufficient 
grounds to justify a reduction in the 
general level of protection of workers. 
Paragraphs 3 and 4 I Inchanged 
Paragraph 5 
The Commission shall at regular intervals 
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 and 4. The -Commission 
intervals submit shall at five-yearly 
to the Kuropean 
Parliament, the Council and the Economic 
and Social Committee a report on the 
application of this Directive taking into 
account paragraphs 1,2, 2A, 3 and 4. 
Article 19 Unchanged /Q 
M 
ISSN 0254-1475 
COM (93) 578 final 
DOCUMENTS 
EN 04 
Catalogue number : CB-CO-93-611-EN-C 
TSBN 92-77-61449-8 
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