No C 124/8 Official Journal of the European Communities 14. 5. 91 
II 
(Preparatory Acts) 
COMMISSION 
Amendment to the proposal for a Council Directive concerning certain aspects of the organ­
ization of working time 
(91/C 124/06) 
COM(91) 130 final — SYN 295 
(Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 23 April 1991) 
COMMISSION TEXT MODIFIED PROPOSAL 
Recital (1) is unchanged 
New Recital (2) 
Recital (2) becomes Recital (3) 
Whereas, pursuant to that Article, such directives must 
avoid imposing administrative, financial and legal 
constraints which would hold back the creation and 
development of small and medium-sized undertakings; Whereas it is appropriate that in the areas of its 
competence the Community should respect at least the 
Conventions of the International Labour Organization 
with regard to weekly rest periods, in particular 
Convention No 14 on weekly rest periods for industry 
and Convention No 106 on weekly rest periods for 
commerce and offices, and whereas it is appropriate to 
implement Recommendation No 103 which calls for a 
weekly rest period of 36 hours. 
Whereas Directives, adopted pursuant to Article 118A, 
must avoid imposing administrative, financial and legal 
constraints which would hold back the creation and 
development of small and medium-sized undertakings; 
New Recital (7) 
Whereas the improvement of workers' safety, hygiene 
and health at work is an objective which should not be 
surbordinated to purely economic considerations; Recital (3) becomes Recital (4) — Unchanged 
Recital (4) becomes Recital (5) — Unchanged 
Recital (5) becomes Recital (6) — Unchanged 
14.5.91 Official Journal of the European Communities No C 124/9 
COMMISSION TEXT MODIFIED PROPOSAL 
Recital (6) becomes Recital (8) 
Recital (7) becomes Recital (9) 
Recital (8) becomes Recital (10) 
Recital (9) becomes Recital (11) 
Recita 
Recita 
Recita 
Recita 
Recita 
Recita 
Recita (10) becomes Recital (12) 
(11) becomes Recital (13) 
(12) becomes Recital (14) 
(13) becomes Recital (15) 
(14) becomes Recital (16) 
(15) becomes Recital (17) 
(16) becomes Recital (18) 
Article 1 and Article 2, points 1 to 4 — Unchanged 
— Unchanged 
— Unchanged 
— Unchanged 
— Unchanged 
— Unchanged 
— Unchanged 
— Unchanged 
— Unchanged 
— Unchanged 
— Unchanged 
remain unchanged 
New point 5 
5. 'night worker' means an employee who performs night 
work, whether through shift work or otherwise on a 
regular basis; 'night worker' means an employee who performs night 
work, regularly or in excess of a certain number of 
hours a year, the number to be defined by each 
Member State after consultation with representative 
employers' and workers' organizations; 
Point 6 is unchanged 
Article 3 
Member States shall adopt the necessary measures to 
ensure compliance with the minimum daily rest period of 
eleven consecutive hours for a period of 24 hours. New Article 3 
Member States shall adopt the necessary measures to 
ensure compliance with the minimum daily rest period of 
twelve consecutive hours in each period of 24 hours. 
Article 4 remains unchanged 
Article 5 
Member States shall adopt the necessary measures to 
ensure that all workers are afforded an annual paid 
holiday for a minimum period; the procedures relating to 
duration and any splitting shall be determined in 
accordance with national practices. New Article 5 
Member States shall adopt the necessary measures to 
ensure that all workers are allowed an annual paid 
holiday for a minimum period of four weeks in respect 
of every period of 12 months for which they work for 
their employer. It shall not be possible to replace the 
minimum period of annual paid holiday with financial 
compensation. 
Articles 6 and 7 remain unchanged 
No C 124/10 Official Journal of 
COMMISSION TEXT 
Article 8 
1. Employees durably subject to working time 
arrangements involving night work shall be entitled to a 
health assessment without charge prior to their 
assignment and at regular intervals thereafter. 
2. Where a night worker suffers from health problems 
recognized to be connected with the fact that he 
performs night work he shall be transferred, as soon as 
possible, to day work for which he is fit. 
Article 9 
The employer who regularly uses night workers shall 
duly inform the authorities competent in matters of 
health and safety. 
Article 10 
Member States shall adopt the necessary measures to 
ensure that night workers and rotating shift workers 
shall have a level of protection with regard to health and 
safety commensurate with the nature of their work. The 
employer shall ensure that protection and prevention 
facilities are available or accessible at all times. 
Articles 11 and European Communities . 14. 5.91 
MODIFIED PROPOSAL 
New Article 8 
1. Employees subject to working time arrangements 
involving night work over a certain period shall be 
entitled to a health assessment without charge prior to 
their assignment and at regular intervals thereafter. This 
shall be carried out at least once a year up to the age of 
40 and twice a year at least after 40. The results of the 
medical examination referred to above shall be subject to 
medical secrecy and may not be disclosed to the 
employer unless the medical condition of the worker is 
such that disclosure is essential for safety reasons. 
2. Where a night worker suffers from health problems 
recognized by a competent authority to be connected 
with the fact that he performs night work he shall be 
transferred, as soon as possible, to day work for which 
he is fit. A night worker who is recognized to be tempo­
rarily unfit for night work shall be afforded the same 
compensation and the same protection as regards 
dismissal and notice as that accorded to other workers 
prevented from working on health grounds. 
New Article 9 
Consultation and participation of workers and/or their 
representatives shall take place in accordance with 
Article 11 of Directive 89/391/EEC on the matters 
covered by this Directive. The employer who regularly 
uses night workers shall duly inform the authorities 
competent in matters of health and safety. He shall also 
inform them when night workers work overtime. 
New Article 10 
Member States shall adopt the necessary measures to 
ensure that night workers and rotating shift workers 
have a level of protection with regard to health and 
safety commensurate with the nature of their work. The 
employer shall ensure that protection and prevention 
facilities at least equivalent to those applicable to day 
workers are available or accessible at all times. 
remain unchanged 
14.5.91 Official Journal of the European Communities NoC 124/11 
COMMISSION TEXT MODIFIED PROPOSAL 
Article 13 
The provisions contained in this Directive shall be 
without prejudice to other specific provisions taken by 
the Community. New Article 13 
1. The provisions contained in this Directive shall be 
without prejudice to other specific provisions taken by 
the Community. 
2. This Directive shall also be without prejudice to the 
Member States' right to apply or lay down laws, regu­
lations or administrative provisions which are more 
favourable to the employed persons covered by this 
Directive. 
Article 14 
Member States shall comply with this Directive by 31 
December 1992 at the latest, by bringing into force the 
laws, regulations or administrative provisions necessary 
or by ensuring that the two sides of industry establish the 
necessary provisions through agreement, without 
prejudice to the obligation on the Member States to 
achieve the results obtained by this Directive. New Article 14 
1. Member States shall comply with this Directive by 
31 December 1992 at the latest, by bringing into force 
the laws, regulations or administrative provisions 
necessary or by ensuring that the two sides of industry 
establish the necessary provisions through agreement, 
without prejudice to the obligation on the Member 
States to achieve the results obtained by this Directive. 
2. Member States shall, within a period of two years 
from the expiry of the period laid down in paragraph 1 
above, forward to the Commission all the information it 
requires to draw up a report, to be submitted to the 
Council and the European Parliament, on the implemen­
tation of this Directive. 
The provisions adopted by the Member States pursuant 
to the first paragraph shall make reference to this 
Directive. 3. The provisions adopted by the Member States 
pursuant to the first paragraph shall make reference to 
this Directive. 
Member States shall forthwith inform the Commission of 
the measures taken thereunder. 4. Member States shall forthwith inform 
Commission of the measures taken thereunder. the 
Article 15 remains unchanged