A4-0184/99

Proposal for a Council Directive amending Directive 93/104/EC concerning certain aspects of the organisation of working time to cover sectors and activities excluded from that Directive (COM(98)0662 - C4-0715/98 - 98/0318(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 3

>Original text>

Whereas Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time lays down minimum safety and health requirements for the organisation of working time, in respect of minimum periods of daily rest, weekly rest and annual leave, to breaks and maximum weekly working time; and certain aspects of night work, shift work and patterns of work;

>Text following EP vote>

Whereas Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time 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 working time, annual leave and aspects of night work, shift work and patterns of work;

(Amendment 2)

Recital 4

>Original text>

Whereas certain sectors of activity were excluded from the scope of Directive 93/104/EC, namely air, rail, road, sea, inland waterway and lake transport, sea fishing, other work at sea and the activities of doctors in training;

>Text following EP vote>

Whereas road, air, sea and rail transport, inland waterways, sea fishing, other activities at sea, and the activities of doctors in training are excluded from the scope of Directive 93/104/EC;

(Amendment 3)

Recital 4a (new)

>Original text>

>Text following EP vote>

Whereas neither the Commission in its proposal of 20 September 1990(1), nor the European Parliament in its opinion of 20 February 1991(2), has accepted the exclusion of certain sectors and certain activities from the relevant directive;

___________

(1) OJ C 254, 9.10.1990, p. 4.

(2) OJ C 72, 18.3.1991, p. 86.

(Amendment 4)

Recital 5

>Original text>

Whereas, given the specific nature of the work concerned, it is necessary to adopt appropriate measures with regard to the organisation of working time to protect the health and safety of workers in those sectors or activities which are excluded from the scope of this Directive;

>Text following EP vote>

Whereas the health and safety of workers must be protected at the workplace, not because they belong to one particular sector or a activity, but because they are workers;

(Amendment 5)

Recital 5a (new)

>Original text>

>Text following EP vote>

Whereas, as regards sectoral legislation for mobile workers, a complementary and parallel approach is needed in the provisions on transport safety and the health and safety of the workers concerned;

(Amendment 6)

Recital 6

>Original text>

Whereas Directive 93/104/EC should be applied to non-mobile workers in the sectors and activities currently excluded;

>Text following EP vote>

Deleted

(Amendment 7)

Recital 7

>Original text>

Whereas as far as doctors in training are concerned, some further flexibility is needed;

>Text following EP vote>

Whereas account needs to be taken of the specific nature of activities at sea and of doctors in training;

(Amendment 8)

Recital 8

>Original text>

Whereas at least some basic protection in respect of working time should be provided for mobile workers and those engaged in 'other work at sea' currently excluded; whereas this basic protection should include the existing rules on annual leave and certain basic provisions for night workers and shift workers, including health assessments; whereas the existing provisions on working timed and rest need to be adapted;

>Text following EP vote>

Whereas protection of the health and safety of mobile workers in the excluded sectors and activities should also be guaranteed.

Whereas the existing provisions concerning annual leave and health assessments for night work and shift work should be extended to include mobile workers in the excluded sectors and activities:

Whereas the existing provisions on working time and rest need to be adapted for mobile workers in the excluded sectors and activities;

(Amendment 9)

Recital 12

>Original text>

Whereas in the light of the case law of the European Court of Justice the provision relating to Sunday rest should be deleted;

>Text following EP vote>

Whereas in a judgment of 12 November 1996 the Court of Justice rendered null and void Article 5, second paragraph, of Directive 93/104/EC; whereas the Commission, having regard to the resolution of the European Parliament of 12 December 1996 on Sunday working(1),should bring forward a new proposal on the question during the global revision of this Directive;

____________

(1) OJ C 20, 20.1.1997, p. 140.

(Amendment 10)

Recital 13

>Original text>

Whereas, in accordance with the principles of subsidiarity and proportionality as set out in Article 3b of the Treaty, the objectives of the proposed action, as outlined above, cannot be adequately achieved by the Member States, in that the objective is to ensure that all workers in the Community enjoy adequate protection of their health and safety, with regard to working time; whereas, in view of the scale and impact of the proposed action these objectives can best be achieved at Community level by the introduction of minimum provisions applicable to the entire European Community; whereas the present directive constitutes no more than the minimum necessary to achieve these objectives;

>Text following EP vote>

Whereas in its judgment the Court of Justice ruled that Directive 93/104/EC accords with the principles of subsidiarity and proportionality set out in Article 3b (future Article 5) of the Treaty establishing the European Community and whereas there is no reason to assume that that judgment is not applicable to comparable rules concerning a number of aspects of the organisation of working time in excluded sectors and activities;

(Amendment 19)

ARTICLE 1(2)

Article 2(7) (Directive 93/104/EC)

>Original text>

7. Mobile worker shall mean any worker on board a sea-going fishing vessel flying the flag of a Member State, or employed as a member of travelling or flying personnel by an undertaking which for hire or reward operates transport services for passengers or goods by road, air or inland waterway.

>Text following EP vote>

7. Mobile worker shall mean any worker on board a sea-going fishing vessel flying the flag of a Member State, or employed as a member of travelling or flying personnel by an undertaking which for hire or reward operates transport services for passengers or goods by road, air or inland waterway. Personnel employed in rail or road passenger transport services, who work on scheduled services covering a distance of not more than 50 kilometres, shall also be deemed to be mobile workers.

(Amendment 11)

ARTICLE 1(2)

Article 2(8a) (new) (Directive 93/104/EC)

>Original text>

>Text following EP vote>

8a. Share-fishermen shall mean crew members of a fishery vessel whose remuneration consists solely of a share in the vessel's yield/proceeds.

(Amendment 12)

ARTICLE 1(4)

Article 17(2)(2.1)(a) (Directive 93/104/EC)

>Original text>

4. The following is inserted at the end of Article 17(2),point 2.1(a):

'particularly railway staff on board trains'

>Text following EP vote>

Deleted

(Amendment 13)

ARTICLE 1(5)

Article 17(2)(2.1)(c)(i) (Directive 93/104/EC)

>Original text>

5. The following is inserted after 'establishments' in Article 17(2), point 2.1(c)(i):

'including the activities of doctors in training,'

>Text following EP vote>

Deleted

(Amendment 15)

ARTICLE 1(8)

Article 17(2)(2.4) (Directive 93/104/EC)

>Original text>

2. 4. from Article 6, for a transitional period of seven years from the date of adoption of this Directive, in the case of doctors in training, where there is an agreement between the employer and workers' representatives. In no case shall the number of weekly hours worked exceed an average of 54 over a four month reference period.

>Text following EP vote>

2. 4.

from Article 6, for a transitional period of four years from the date of adoption of this Directive, in the case of doctors in training, where there is an agreement between the employer and workers' representatives. In no case shall the number of weekly hours worked exceed an average of 54 over a four month reference period.

(Amendment 16)

ARTICLE 1(9)

Article 17a, title (Directive 93/104/EC)

>Original text>

Mobile workers and offshore work

>Text following EP vote>

Mobile workers, offshore work

and share-fishermen

(Amendments 17 and 20)

ARTICLE 1(9)

Article 17a (3) (Directive 93/104/EC)

>Original text>

3. Subject to compliance with the general principles relating to the protection of the safety and health of workers, Member States may, for objective or technical reasons or reasons concerning the organisation of work, extend the reference period referred to in Article 16(2) to 12 months, in respect of mobile workers and workers who mainly perform offshore work.

>Text following EP vote>

3. In respect of workers who mainly perform offshore work, subject to compliance with the general principles relating to the protection of the safety and health of workers, Member States may, for objective or technical reasons or reasons concerning the organisation of work, authorise in collective agreements or agreements between the two sides of industry the establishment of longer reference periods which, however, may not under any circumstances exceed twelve months.

>Original text>

>Text following EP vote>

If, within a period to be determined by the Member State, an agreement is not reached, the Member State may extend the reference period up to a maximum of 12 months for a period not exceeding one year.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive amending Directive 93/104/EC concerning certain aspects of the organisation of working time to cover sectors and activities excluded from that Directive (COM(98)0662 - C4-0715/98 - 98/0318 (SYN))(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(98)0662 - 98/0318(SYN) ((OJ C 43, 17.2.1999, p. 1.)),

- having been consulted by the Council pursuant to Articles 189c and 118a of the EC Treaty (C4-0715/98),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Transport and Tourism and the Committee on Fisheries (A4-0184/99),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.