WRITTEN QUESTION E-2091/01

by Paul Rübig (PPE-DE) to the Commission

(13 July 2001)

Subject: Ban on night working for young people - 4 a.m. start for bakers' apprentices

Council Directive 94/33/EC(1) of 22 June 1994 on the protection of young people at work lays down restrictions on night work for young people. Article 9 stipulates a rest period for young people between 10 p.m. and 6 a.m. or between 11 p.m. and 7 a.m. According to Article 9(2)(a) Member States may authorise young people to work during these periods in specific areas of activity, but working between midnight and 4 a.m. is prohibited under all circumstances according to subparagraph (b).

This provisions creates problems for bakeries in particular. Because of changing customer requirements it has become necessary to extend bread production later and later into the night. Bread and pastries have to be available in bakers' shops by 6 o'clock in the morning. However, according to the legislation quoted above bakers' apprentices may not work before 4 a.m., which means that they are unable to learn how to make dough, which is an essential part of professional training for bakers. An amendment to the Directive on the protection of young people at work could remedy the problem.

It is precisely small and medium-sized bakeries, who have always been responsible for most of the training of apprentices, who would be increasingly willing to train apprentices.

Is the Commission aware that Article 9(2)(b) of Directive 94/33/EC is hindering the training and employment of bakers' apprentices?

Can the Commission consider proposing an amendment to Article 9(2)(b) of Council Directive 94/33/EC on the protection of young people at work to ensure that the compulsory rest period of 4 hours is movable, depending on the year of training for bakers' apprentices, to make it possible to lay down a rest period from 11 p.m. to 3 a.m. for second-year apprentices and from 10 p.m. to 2 a.m. for third-year apprentices?

(1) OJ L 216, 20.8.1994, p. 12.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(5 September 2001)

The Commission would like to draw the Honourable Member's attention to Article 1 of Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work(1), which states that Member States shall take the necessary measures to ensure that work by adolescents is strictly regulated and protected under the conditions laid down in the Directive and, furthermore, that Member States shall ensure in general that employers guarantee that young people have working conditions which suit their age.

As regards night work performed by adolescents, the Directive stipulates that Member States shall adopt measures necessary to prohibit work either between 10 p.m. and 6 a.m. or between 11 p.m. and 7 a.m. Member States may, by legislative or regulatory provision, authorise work by adolescents in specific areas of activity during the period in which night work is prohibited but also in such cases, work between midnight and 4 a.m. must be prohibited. The possibility, set out in the Directive, to depart from this general prohibition in certain sectors, does not cover the bakeries sector.

The Commission feels that this provision allows Member States to find a balance between the vocational training requirements of adolescents and the need to protect young people against work liable to be detrimental to their safety, health or physical development. At the moment the Commission is not planning to propose any amendments to the Directive.

(1) OJ L 216, 20.8.1994.