WRITTEN QUESTION E-1241/00 by Elizabeth Lynne (ELDR) to the Commission. Provisions of the working time directive.
Date: 2000-04-14
Institutions: European Parliament, Provisional data
Subjects: EC Directive, competence of the Member States, interpretation of the law, overtime, unpaid work, working time

13.2.2001

EN

Official Journal of the European Communities

C 46 E/153

Answer given by Mr Monti on behalf of the Commission

(14 June 2000)

1.
The Commission is currently dealing with several complaints concerning alleged cross-subsidisation
of business sectors of the postal service using revenue from the reserved sector (collection, sorting,
transport and delivery of domestic and foreign letters). The complaints are being examined in the light of
the competition rules contained in the EC Treaty. The Commission would point out that this examination
will be meaningful only if carried out on the basis of separate cost-accounting systems for each service in
the reserved sector, on the one hand, and for non-reserved services, on the other. Article 14 of Directive
97/67/EC of 15 December 1997 on common rules for the development of the internal market of
Community postal services and the improvement of quality of service requires the introduction of separate
accounts (1).

The compatibility with Community legislation of the attitude of the Federal Ministry of Economic
2.
Affairs towards the regulatory authority must be examined on the basis of the special legal provisions of
Article 22 of Directive 97/67/EC. Should these special provisions not suffice to ensure the operational
independence of the national regulatory authority for the postal service, it will be possible, if necessary, to
resort to the general rules on competition, particularly Article 86 (formerly Article 90) of the EC Treaty.

3.
In line with the answer given to the second question, the Commission intends to examine the matter
initially in Article 22 of Directive 97/67/EC, which requires each Member State to designate one or more
national regulatory authorities for the postal sector that are legally separate from and operationally
independent of the postal operators.

On the basis of the separate accounts kept for reserved and non-reserved services, the Commission
4.
will
look further into the allegation that competition in the non-reserved sector is being unlawfully
impaired by revenue from the reserved sector. It may also prove necessary to examine whether, in view of
the current postal rates for domestic and foreign letters, it is absolutely necessary for the German mail
monopoly to continue in its present form in order to preserve a universal service.

(1) OJ L 15, 21.1.1998.

(2001/C 46 E/176)

WRITTEN QUESTION E-1241/00

by Elizabeth Lynne (ELDR) to the Commission

(14 April 2000)

Subject: Provisions of the working time directive

Could the Commission explain the provisions of the Working Time Directive with regard to (cid:145)voluntary(cid:146)
work. If a worker is implicitly expected to work longer hours than the 48 hours per week maximum
through understaffing elsewhere, but this work is not contracted, how should this be covered by the
Working Time Directive?

Could the Commission also explain how the provisions of the Working Time Directive specify the
necessary measurement? If, for example, a worker has forty timetabled hours per week, but must do a
large amount of work in his/her own time, how should those unmeasured hours be taken into account in
the implementation of the directive?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(29 May 2000)

Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of
working time (1) ((cid:145)Working Time Directive(cid:146)) does not recognise the notion of (cid:145)voluntary work(cid:146). Article 6(2)
of the Directive lays down that (cid:145)Member States shall take the measures necessary to ensure that, in keeping
with the need to protect the safety and health of workers: the average working time for each seven-day
period, including overtime, does not exceed 48 hours.(cid:146)

C 46 E/154

Official Journal of the European Communities

EN

13.2.2001

According to Articles 16(2) and 17 of the Directive, the reference period over which the average is to be
calculated may vary between 4 and 12 months depending on the situation and the means by which the
reference period is laid down.

These provisions must be implemented into national law by the Member States. It is for the Member
States(cid:146) authorities to ensure that national legislation implementing Community law is applied and enforced.

(1) OJ L 307, 13.12.1993.

(2001/C 46 E/177)

WRITTEN QUESTION E-1242/00

by Elizabeth Lynne (ELDR) to the Commission

(14 April 2000)

Subject: Teachers and the working time directive

Would the Commission please specify that teachers are covered under the Working Time Directive? Could
the Commission give details regarding the provisions of the Working Time Directive in the educational
sector in the UK?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(8 June 2000)

Article 1(3) of Council Directive 93/104/EC concerning certain aspects of the organisation of working time
((cid:145)working time directive(cid:146)) (1) states that (cid:145)This Directive shall apply to all sectors of activity, both public and
private, within the meaning of Article 2 of Directive 89/391/EC, without prejudice to Article 17 of this
Directive, with the exception of air, rail, road, sea, inland waterway and lake transport, sea fishing, other
work at sea and the activities of doctors in training.(cid:146)

According to Article 2 of Council Directive 89/391/EC on the introduction of measures to encourage
improvements in the safety and health of workers at work (2), this Directive shall apply to all sectors of
activity, both public and private (industrial, agricultural, commercial, administrative, service, educational,
cultural, leisure, etc.). This Directive shall not be applicable where characteristics peculiar to certain specific
public service activities, such as the armed forces or the police, or to certain specific activities in the civil
protection services inevitably conflict with it. In that event, the safety and health of workers must be
ensured as far as possible in the light of the objectives of this Directive.

On the basis of these two provisions, it is clear that the working time Directive applies to the work of
teachers.

According to information available to the Commission, the Working Time Regulations 1998 (Statutory
Instruments 1998 No 1833), which implement the working time Directive in the United Kingdom, apply
to the work of teachers.

(1) OJ L 307, 13.12.1993.
(2) OJ L 183, 29.6.1989.