European Parliament legislative resolution on the common position adopted by the Council with a view to adopting a European Parliament and Council Directive amending Council Directive 93/0104/EC concerning certain aspects of the organisation of working time to cover sectors and activities excluded from that Directive (8642/1/1999 - C5-0036/1999 - 1998/0318(COD))
Date: 1999-11-16
Institutions: European Parliament
Subjects: arrangement of working time, labour law, rest period, transport staff, working conditions

C 189/40

Official Journal of the European Communities

EN

7.7.2000

Tuesday 16 November 1999

TEXTS ADOPTED

1. Mutual recognition of professional qualifications * (procedure without report)

C5-0175/1999

Draft decision of the EEA Joint Committee amending Annex VII (Mutual recognition of profes-
sional qualifications) to the EEA Agreement , Draft common position of the Community
(SEC(1999) 1084 , C5-0175/1999 , 1999/0815(CNS))

(Consultation procedure)

The draft was approved.

2. Organisation of working time ***II

A5-0041/1999

European Parliament legislative resolution on the common position adopted by the Council with a
view to adopting a European Parliament and Council Directive amending Council Directive 93/
0104/EC concerning certain aspects of the organisation of working time to cover sectors and activ-
ities excluded from that Directive (8642/1/1999 , C5-0036/1999 , 1998/0318(COD))

(Codecision procedure: second reading)

The European Parliament,

(cid:25) having regard to the common position of the Council (8642/1/1999 (cid:25) C5-0036/1999) (1),

(cid:25) having regard to its opinion at first reading (2) on the Commission proposal to Parliament and the

Council (COM(1998) 662) (3),

(cid:25) having regard to Article 251(2) of the EC Treaty,

(cid:25) having regard to Rule 80 of its Rules of Procedure,

(cid:25) having regard to the recommendation for second reading of the Committee on Employment and

Social Affairs (A5-0041/1999);

Amends the common position as follows;

Instructs its President to forward its position to the Council and the Commission.

1.

2.

(1) OJ C 249, 1.9.1999, p. 17.
(2) OJ C 219, 30.7.1999, p. 234.
(3) OJ C 43, 17.2.1999, p. 1.

7.7.2000

EN

Official Journal of the European Communities

C 189/41

COMMON POSITION
OF THE COUNCIL

Tuesday 16 November 1999

AMENDMENTS
BY PARLIAMENT

(Amendment 10)

Recital 11

(11) All workers should have adequate rest periods; the con-
cept of ‘rest’ must be expressed in units of time, i.e. in days,
hours and/or fractions thereof;

(11) Even where derogations to minimum rest periods
are applied, all workers should have adequate rest periods;
the concept of ‘rest’ must be expressed in units of time, i.e. in
days, hours and/or fractions thereof;

(Amendment 1)

Recital 15

(15)
In the light of the case law of the Court of Justice of the Euro-
pean Communities the provision relating to Sunday rest should be
deleted;

In a judgment of 12 November 1996 (1), the Court of
(15)
Justice of the European Communities rendered null and
void the second paragraph of Article 5 of Directive 93/
0104/EC; the Commission, having regard to the European
Parliament resolution of 12 December 1996 on Sunday
working (2), should bring forward a new proposal on the
question during the global revision of that Directive;

(1) ECR 1996, p. I-5755.
(2) OJ C 20, 20.1.1997, p. 140.

(Amendment 2)

ARTICLE 1(2)
Article 2(7) (Directive 93/0104/EC)

7.

‘mobile worker’ shall mean any worker employed as a
member of travelling or flying personnel by an undertak-
ing which for hire or reward or on its own account operates
transport services for passengers or goods by road, air or
inland waterway.

7.

‘mobile worker’ shall mean any worker employed as a
member of travelling or flying personnel by an undertak-
ing which for hire or reward operates transport services
for passengers or goods by road, air or inland waterway.

(Amendment 3)

ARTICLE 1(5)
Article 17(2.1)(a) (Directive 93/0104/EC)

(a)

in the case of activities where the worker’s place of work
and his place of residence are distant from one another or
where the worker’s different places of work are distant
from one another, particularly offshore work;

(a)

in the case of activities where the worker’s place of work
and his place of residence are distant from one another,
including offshore work, or where the worker’s different
places of work are distant from one another;

(Amendment 4)

ARTICLE 1(5)
Article 17(2.1)(c)(viii) (Directive 93/0104/EC)

(viii) workers concerned with the carriage of passengers on
regular urban transport services who are not covered by Ar-
ticle 17a;

(viii) workers concerned with the carriage of passengers on

regular urban transport services;

C 189/42

Official Journal of the European Communities

EN

7.7.2000

Tuesday 16 November 1999

COMMON POSITION
OF THE COUNCIL

AMENDMENTS
BY PARLIAMENT

(Amendment 5)

ARTICLE 1(6)
Article 17(2)(2.4) (Directive 93/0104/EC)

2.4.
from Article 6, for a transitional period of four years
from the date of adoption of Directive 1999/…/EC 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 hours over a four-month reference
period.

from Articles 6 and 16(2) in the case of doctors in

2.4.
training
(a) With respect to Article 6, for a transitional period of nine years

from … (*). Within the context of this derogation:
(i) Member States shall ensure that in no case will the number
of weekly working hours exceed an average of 60 during the
first three years of the transitional period, an average of 56
for the following three years and an average of 52 for the
remaining three years;
the employer shall consult the representatives of the employ-
ees in good time with a view to reaching an agreement,
wherever possible, on the arrangements applying to the
transitional period. Within the limits set out in point (i),
such an agreement may cover:
8 the average number of weekly hours of work during the

(ii)

transitional period; and

8 the measures to be adopted to reduce weekly working
hours to an average of 48 by the end of the transi-
tional period;

(b) with respect to Article 16(2), provided that the reference period
does not exceed 12 months, during the first part of the transi-
tional period specified in paragraph (a), and six months there-
after.

(*)

Four years after the date of entry into force of Directive 1999/…/EC.

(Amendment 6)

ARTICLE 1(7)
Article 17a (3) (Directive 93/0104/EC)

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 con-
cerning 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.

3.
Subject to compliance with the general principles relating
to the protection of the safety and health of workers, and pro-
vided that
there is consultation of and negotiation
between representatives of the employer and employees
concerned, Member States may, for objective or technical rea-
sons or reasons concerning the organisation of work, extend
the reference period referred to in Article 16(2) to 12 months
in respect of workers who mainly perform offshore work.

Not later than … (*) the Commission shall, in consul-
3a.
tation with the Member States and with the two sides of
industry at European level, review the operation of the
provisions with regard to offshore workers from a health
and safety perspective.

(*)

Five years from the date of entry into force of Directive
1999/…/EC.

7.7.2000

EN

Official Journal of the European Communities

C 189/43

COMMON POSITION
OF THE COUNCIL

Tuesday 16 November 1999

AMENDMENTS
BY PARLIAMENT

(Amendment 7)
ARTICLE 1(7)
Article 17b(2) (Directive 93/0104/EC)

2. Member States shall, however, take the necessary mea-
sures to ensure that any worker on board a sea-going fishing
vessel flying the flag of a Member State is entitled to adequate
rest.

2. Member States shall, however, take the necessary mea-
sures to ensure that any worker on board a sea-going fishing
vessel flying the flag of a Member State is entitled to adequate
rest and a maximum number of weekly hours worked of
48 hours over a reference period of 12 months. These
provisions shall not be subject to derogation.

(Amendment 8)
ARTICLE 2(1),
footnote (*)

(*) Four years after the date of entry into force of this Direc-

(*) Two years after the date of entry into force of this Direc-

tive

tive

(Amendment 9)
ARTICLE 3a (new)

Article 3a

Not later than … (*) the Commission shall, in consultation
with the Member States and with management and labour
at European level, review the operation of the provisions
with regard to workers concerned with the carriage of
passengers on regular urban transport services, with a
view to proposing a coherent and suitable approach in
this sector.

(*)

Five years from the date of entry into force of this Directive.

3. Emission of gaseous and particulate pollutants by vehicles ***II

A5-0043/1999

European Parliament legislative resolution on the common position adopted by the Council with a
view to adopting a European Parliament and Council Directive on the approximation of the laws
of the Member States relating to measures to be taken against the emission of gaseous and parti-
culate pollutants from compression ignition engines for use in vehicles and the emission of gas-
eous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas
for use in vehicles and amending Council Directive 88/0077/EEC (5734/1/1999 , C5-0028/1999 ,
1997/0350(COD))

(Codecision procedure: second reading)

The European Parliament,

(cid:25) having regard to the Council common position (5734/1/1999 (cid:25) C5-0028/1999) (1),

(cid:25) having regard to its position at first reading (2) on the Commission proposal to Parliament and the

Council (COM(1997) 627) (3),

(1) OJ C 296, 15.10.1999, p. 1.
(2) OJ C 341, 9.11.1998, p. 74.
(3) OJ C 173, 8.6.1998, p. 1.