COMMISSION OF THE EUROPEAN COMVIUNITIES 
C0M(94) 88 final - SYN 383 
Brussels, 30.03.1994 
Re-examined proposal for a 
COUNCIL DIRECTIVE 
on the protection of young people at work 
(presented by the Commission pursuant to Article 189 C (d) 
of the EC Treaty) 
EXPLANATORY MEMORANDUM 
INTRODUCTION 
The initial proposal for a Directive on the protection of young people at work, setting out 
minimum standards applicable to young people under the age of 18, was presented to the 
Council on 18 March 1992.1 
The Economic and Social Committee gave its opinion on 24 September 1992. 
The European Parliament gave its opinion at first reading on 17 December 1992. 
On 15 February 1993, the Commission forwarded to the Council an amended proposal 
for a Directive.2 
On 23 November 1993, the Council adopted a common position taking account of 
changes made to the amended proposal by the European Parliament. 
The European Parliament examined the common position at a second reading on 9 March 
1994 and endorsed it subject to twenty proposed amendments. 
The Commission adopted 7 amendments, either wholly or in part, in its re-examined 
proposal. The amendments concerned are Nos 1, 3, 4, 13 (2), 16, 26 and 28. 
Amendments adopted 
Amendment No 1 
New recital to the effect that the Community should observe the principles laid 
down in the ILO Conventions, in particular Convention No 138. 
Comment: 
The recital is worded along the lines of the similar text in the Directive on the 
organisation of working time. 
Amendment No 3 
Deletion of the twenty-second recital concerning the additional transitional period 
granted to the United Kingdom for the implementation of some provisions of the 
Directive. 
OJ C 84, 4.4.1992 
OJ C77, 18.3.1993 
Comment: 
Since a transitional period of this nature is not permissible for the implementation 
of provisions relating to weekly working time for children, the term "young 
people" is deleted and replaced by "adolescents". 
Amendment No 4 
Rewording of the last part of Article 1(1) to read "is not lower than the age of 
completion of compulsory full-time schooling and, in any case, not less than 15 
years". 
Comment: 
The amendment provides necessary clarification in terms of setting a minimum 
working or employment age which may not be lower than 15 years. 
Amendment No 13 (last part) 
Introduction, in Article 8(2), of a limit on working time (2 hours per day, 12 
hours per week) for adolescents who are still in full-time education. 
Comment: 
Since the principle of limiting the working time of the adolescents concerned is 
accepted, a new general provision is inserted in Article 8(2). 
Amendment No 16 
Narrowing of the scope for derogation from the prohibition on night work, under 
Article 9(2)(a), as regards adolescents. 
Comment: 
In order to define more clearly the scope for derogation, additional provisions are 
aimed at specifying the nature of activities covered by the derogation and ensuring 
that the work in question is performed under the supervision of an adult worker. 
Amendment No 26 
Introduction of a "non-regression" clause in a new Article 16a. 
Comment: 
The Article is worded along the lines of similar provisions in other directives. 
Amendment No 28 
Deletion of Article 18(l)(c) providing for the United Kingdom to be granted an 
additional transitional period for implementing certain provisions of the Directive, 
with the possibility of the period being extended. 
Comment: 
A transitional period of this nature is not permissible for the implementation of 
provisions relating to weekly working time for children. Consequently, the phrase 
"Article 8(1 )(b) first subparagraph with regard to the provision relating to the 
maximum weekly working time" is deleted. 
Moreover, in order to make clear that this is the period deemed necessary for the 
United Kingdom to adapt its internal law to the Directive, the last part of Article 
18(l)(c) is deleted. 
Amendments not adopted 
The Commission wishes to make the following comments in respect of the rejected 
amendments. 
Amendment No 6 
The words "and/or after consultation with both sides of industry" are added to 
Article 4(2)(b) after the phrase "provided that such work is done in accordance 
with the conditions laid down by the competent authority". 
Comment: 
It is up to the Member States to establish the mechanisms for the formulation of 
standards. Nevertheless, as regards implementation of the provisions of the 
Directive, the two sides of industry are expressly involved under Article 18(l)(a), 
and their views are taken into account in the Member States' reports to the 
Commission as provided for in Article 18(4). 
Amendment No 7 
Removes the possibility of authorising light work in certain categories from the 
age of 13 onwards (Article 4(2)(c)). 
Comment: 
Article 4(2)(c), which in principle sets a minimum age limit of 14 for taking up 
light work, clearly improves on the level of protection provided for initially. This 
principle has to allow for flexibility in specific cases covered by national 
legislation. To this end, the age of 13 remains a socially acceptable threshold. 
Amendment No 8 
Addition of a reference to Articles 6, 7, 10 and 12 of the framework Directive 
89/391/EEC. 
Comment: 
Insofar as these Articles apply fully to the protection of young people at work, the 
addition in question is not necessary. 
Amendment No 10 
Specifies that information on possible risks is to be provided in writing to the 
parents or guardians of young people. 
Comment: 
The requirement to provide written information might constitute an excessive 
administrative burden for small businesses and might be counterproductive in 
terms of getting the message over. 
Amendment No 15 
New period of time (20.00 hours to 08.00 hours) during which night work by 
children under the age of 14 is to be prohibited. 
Comment: 
Children are given a daily rest period of 14 hours. The prohibited period laid 
down in the common position (20.00 - 06.00), combined with the preceding 
provision, satisfactorily addresses the major concern of protecting children. 
Amendment No 17 
Deletion, from Article 9(2)(b), of the possibility of derogation from the ban on 
night work (between 00.00 and 04.00) in respect of the police and hospitals. 
Comment: 
The possibility of derogation in such instances is justified in view of the specific 
requirements of activities performed in occupations which serve the public good. 
Amendment No 18 
Addition of a new paragraph in Article 9 providing, in the event of derogation 
from the prohibition on night work, for supervision by an adult worker. 
Comment: 
Appropriate supervision is provided for in connection with risk assessment under 
Article 6(4). 
Amendment No 19 (1) 
Removal of the scope for flexibility in respect of the minimum weekly rest period 
for children undergoing vocational training or performing light work. 
Comment: 
A degree of flexibility is reasonable, particularly as regards vocational training 
activities or light work involving services to the public. 
Amendment No 20 
Deletion of paragraph 3 from Article 10, providing for interrupted rest periods in 
cases where work is split up over the day or is of short duration. 
Comment: 
This paragraph deals with specific forms of work which, despite being split up or 
of short duration, are not detrimental to the health and safety of young people, 
whereas they could be jeopardised by the deletion of this paragraph. 
Amendment No 22 
Removal, from Article 10(4), of the scope for derogation from rest periods in 
respect of the police, agriculture, tourism and the hotel and catering industry. 
Comment: 
As regards this point, see comments relating to amendments 17 and 20. 
Amendment No 24 
Inclusion of a new subparagraph in Article 8(5), entitling young people to 
unemployment benefits comparable to those granted to adults. 
Comment: 
This provision does not fall within the context of the Community initiative. 
Amendment No 27 
In Article 18(l)(b), replacement of the three-year transitional period for applying 
Article 12 (annual leave) by a maximum period of two years. 
Comment: 
The adaptation period provided for is reasonable and is in line with that provided 
for in the Directive on the organisation of working time. 
Amendment No 34 
Extension of the annual rest arrangements to all categories of children referred to 
in Article 4(2). 
Comment: 
The category of children referred to in Article 4(2)(a) is, as regards working 
conditions, covered by unilateral arrangements. These arrangements, to be 
determined by the Member States, are nevertheless subject to the condition that 
the children's attendance at school is not affected (Article 5(2)(ii)). 
Re-examined proposal for a 
Council Directive 
on the protection of young people at work 
COMMON POSITION AMENDED TEXT 
Citations and recitals 1 to 3 
Recitals 4 to 21 
Recital 22 
Whereas the implementation of some 
provisions of this Directive poses 
particular problems for one Member 
State with regard to its system of 
protection for young people at work; 
whereas that Member State should 
therefore be allowed to refrain from 
implementing the relevant provisions for 
a suitable period. 
Article 1 
1. Member States shall take the 
necessary measures to prohibit work by 
children. 
They shall ensure, under the conditions 
laid down in this Directive, that the 
minimum working or employment age is 
not lower than the minimum age at 
which compulsory full-time schooling as 
imposed by national law ends or 15 
years. 
Paragraph 2 
Paragraph 3 
Articles 2 to 7 Unchanged 
Recital 3 a (new) 
Whereas it would be appropriate to 
observe the principles of the 
International Labour Organization with 
regard to protection of young people at 
work, including those relating to the 
minimum employment age; 
Unchanged 
Whereas the implementation of some 
provisions of this Directive poses 
particular problems for one Member 
State with regard to its system of 
protection for adolescents at work; 
whereas that Member State should 
therefore be allowed to refrain from 
implementing the relevant provisions for 
a suitable period. 
1. Member States shall take the 
necessary measures to prohibit work by 
children. 
They shall ensure, under the conditions 
laid down in this Directive, that the 
minimum working or employment age is 
not lower than the age of completion of 
compulsory full-time schooling as 
imposed by national law and, in any 
case, not less than 15 years. 
Unchanged 
Unchanged 
Unchanged 
Article 8 
Paragraph 1 Unchanged 
2. Member States shall adopt the 2. Member States shall adopt the 
measures necessary to limit the working measures necessary to limit the working 
time of adolescents to 8 hours a day and time of adolescents to 8 hours a day and 
40 hours a week. 40 hours a week. 
Paragraph 3 
Paragraph 4 
Paragraph 5 
Article 9 
Paragraph 1 
Paragraph 2 
a) Member States may,-by legislative or 
regulatory provision, authorize work by 
adolescents in specific areas of activity 
during the period in which night work is 
prohibited as referred to in paragraph 
Kb). 
b) If point (a) is applied, work shall 
continue to be prohibited between 0.00 
hours and 04.00 hours. Member States shall take the necessary 
steps to ensure that the working time of 
adolescents who are receiving education 
at school is on no account detrimental to 
their capacity to benefit from the 
instruction given at school. 
Unchanged 
Unchanged 
Unchanged 
Unchanged 
a) Member States may, by legislative or 
regulatory provision, authorize work by 
adolescents during the period in which 
night work is prohibited as referred to in 
paragraph 1(b), in specific areas of 
activity where night work forms an 
integral part of the activity. 
In such cases, the young person must 
work under the supervision of an adult 
worker. 
Unchanged 
* 
However, Member States may, by 
legislative or regulatory provision, 
authorize work by adolescents during the 
period in which night work is prohibited 
in the following cases, where there are 
objective grounds for so doing and 
provided that adolescents are allowed 
suitable compensatory rest time and that 
the objectives set out in Article 1 are not 
called into question: 
work performed in the shipping 
or fisheries sectors; 
work performed in the context of 
the armed forces or the police; 
work performed in hospitals or 
similar establishments; 
cultural, artistic, sports or 
advertising activities. 
Paragraph 3 
Articles 10 to 16 
Article 17 
Article 18 
Paragraph 1 Unchanged 
Unchanged 
Article 16a (new) 
Without prejudice to the right of 
Member States to develop, in the light 
of changing circumstances, different 
provisions in the field of protection of 
young people, as long as the minimum 
requirements laid down in this Directive 
are complied with, implementation of 
this Directive shall not have the effect of 
reducing the overall level of protection 
afforded to young people in each 
Member State. 
Unchanged 
(a) Member States shall bring 
into force the laws, regulations 
and administrative provisions 
necessary to comply with this 
Directive not later than .... or 
ensure, by that date at the latest, 
that the two sides of industry 
introduce the requisite provisions 
by means of collective 
agreements, with Member States 
being required to make all the 
necessary provisions to enable 
them at all times to guarantee the 
results laid down by this 
Directive. 
(b) However, Member States 
shall have the option, when 
applying Article 12, of making 
use of a maximum transitional 
period of three years following 
the date referred to in 
subparagraph (a), provided that 
during the transitional period: 
- young people are entitled 
to annual holiday of three 
weeks, determined and 
paid in accordance with 
the conditions governing 
the receipt and granting of 
holiday laid down by 
national laws and/or 
practice, and 
- the period of three weeks 
may not be replaced by 
financial compensation 
except where the 
employment relationship 
is terminated. (a) Unchanged 
(b) Unchanged 
4 vO 
(c) The United Kingdom may 
refrain from implementing 
Article 8(Q(b) first subparagraph 
with regard to the provision 
relating to the maximum weekly 
working time, and also Article 
8(2) and Article 9(l)(b) and (2) 
for a period of four years from 
the date specified in 
subparagraph (a). 
The Commission shall submit a 
report on the effects of this 
provision. 
The Council, acting in 
accordance with the conditions 
laid down in the Treaty, shall 
decide whether this period should 
be extended. 
(d) Member States shall forthwith 
inform the Commission thereof. 
Paragraph 2 
Paragraph 3 
Paragraph 4 
Paragraph 5 (c) The United Kingdom may 
refrain from implementing 
Article 8(2) and Article 9(l)(b) 
and (2) for a period of four years 
from the date specified in 
subparagraph (a). 
The Commission shall submit a 
report on the effects of this 
provision. 
(d) Unchanged 
Unchanged 
Unchanged 
Unchanged 
Unchanged 
I ll 
ISSN 0254-1475 
COM (94) 88 final 
DOCUMENTS 
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ISBN 92-77-66637-4 
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