Proposal for a Council Directive on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses - (codified version)
Date: 2000-05-02
Institutions: European Commission
Subjects: approximation of laws, codification of EU law, labour law, transfer of businesses, worker consultation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 02.05.2000 
COM(2000)259 final 

2000/0108 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

on the approximation of the laws of the Member States relating to the safeguarding of 
employees' rights in the event of transfers of undertakings, businesses or parts of 
undertakings  or businesses 

(codified version) 

(presented by the Commission) 

BXPJ..iNATORY MEMOildNDUM 

1. 

In the context  of a  people's  Eur~, the  CommisSion  attaches  great  import:ance  to 
. simplifying and darifying Community law so as to make it clearer and more access.ible 
to the ordinary citizen,  thus giving him new opportunities and the chance to make use 
of the specific  rights  it gives  him. 

This  aim  cannot  be.  achieved  so  long  as  numerous  provisions  which  have  been 
amended several· times,  often quite  substantially,  remain  scattered,  so  that they must 
be sought partly in the original instrument and partly in later amending ones. Consid 
erable research work, comparing many diffe.-ent ins~ents, is thus needed to identify 
the  current rules. 

For  this  reason  a  consolidation  of rules  that  have  frequently  been  amended  is  also 
essential  if Community Jaw  is  to be  clear and  transparent. 

2 

· On  1 April  1987  the  Commission  therefore decided to instruct its  staff that. all  legis 
lative measures should be codified after no more than ten amendments, stressing that 
this was a minimum l'equirement and that departments should endeavour to codify at 
even. shorter intervals  the  texts  for  which  they  were  responsible,  to  ensure  that  the 
Community rules were  clear and  r~adily understandable. 

3.  The  Conclusions  of the  Presidency  of the  Edinburgh  European  Council  (December 
1992)  confirmed  this,  stressing  the  importance  of lc;aislative  codific;;ation  as  it  offers 
certainty as  to the  law  applicable  to a  given  matter  at a  given  time. 

· 

· 

It  must  be  undertaken  in  full  compliance  with  the  no~al Community  legislative 
procedure. 
Oiven that no changes of substance may be made to the instruments affected by k&i1: 
lative  codjficatjgn,  Parliament,  the  Council  and  the  Commission  have  agreed,  by  an 
interinstitutional  agreement dated 20  December  1994,  that an' accelerated  procedure 
may be used  for  the  fast~track adoption of codification instruments. 

' 

4.  The  purpose  of this  proposal (.1)  for  the  legislative  codification  of Council  Directive 
77/187/EEC  of 14  February  1977  on  the  approximation  of the  laws. of the  Member 
States  relating  to  the  safeguarding  of employees'  rights  in  the  event  of transfers  of 
undertakings, businesses or parts of undertakings or businesses, is to undertake official 
codification of this type. The new directiVe will  supersede the various directives incor 
porated ·in  it (2);  their  content  is  fully  preserved,  and they  are  brought  together with 
only such  formal  amendments  as  are  required  by  the codification  exercise itself. 

S.  This leaislatiye cocljficatioo proposal was drawn up on the basis of a preliminaxy con 
so)jdation,  in  all  the official  languages,  of Directive  n/187/EEC,  and  the  instrument 
amending  it,  carried· out  by  the  Office  for  Official  Publications  of  the  Europe;m 
Communities,  by  means  of the  dita-processin&  aystem  referred  to  in  the  conclusions 
of the European Council meeting at Edinburgh. Although the articles have been given 
new  numbers,  the old numbering  has  been  retained  in  the· margin  for  ease  of refer 
ence; the correlation between the old and new numbers is shown  in a  table set out in 
Annex 11  to· the •codified  Directive. 

{t)  Jmterecl in the .   Jeplativc propmme·.for 2000. 
{"')  See Annex l. Part A  of dUI  Proposal. 

2 

Proposal for a 

· 

COUNCIL DIRECTIVE 

of 

OD  the approximation or the  laws  of the Member States  relating to  the  safeguarding of  198/50/EC 

employees'  rights in the event ·or transfers of undertakings, businesses or parts of 
undertakings  or businesses 

THE COUNCD.. OF 1HE EUROPEAN YNION, 

Having  regard  to  the  lfeaty  establishing  the  European 
Community,  and  in  particular Article  94  thereof, 

Having  regard  to  the  proposal  from  the  Commission; 

Having 
regard 
Parliament (1 ), 

to 

the  opinion  of 

the  European 

Having  regard  to  the  opinion  of  the  Economic  and 
Social  Committee (2), 

. 

Having  regard  to  the  opinion  of the  Committee  of the 
Regions(3), 

Whereas 

(1)  Council  Directi~e 77/187/EEC  of 14  February  1977 
on  the  approximation  of the  laws  of the  Member 
States  relating  to  the  safeguarding  of  employees' 
rights  in  the  event  of  transfers  of  undertakings, 
businesses or parts of undertakings or businesses (4) 
has been substantially amended (s).  In the  interests 
of  clarity  and  rationality,  should  ir  therefore  be 
codified. 

l 1)  OJ C 
(12)  OJC 
3 ( 
OJC 
~ 
4 ~)  OJ L 61, S.3.lm, p. 26. 
\~  See Annex I, Part A. 

3 

(2)  Economic trends are bringing in their wake, at both 
national  and  Community  level,  changes  in  the 
structure  of  undertakings,  through  trmsfers  of 
undertakings, businesses or parts of undertakings or 
businesses  to  other  employers  as  a  result  of legal 
transfers  or mergers. 

1. 

77/187/EEC 
(adapted) 

2. 

3. 

1. 

98/50/EC 

2. 

(adapted) 

3. 

(adapted) 

(3)  It  is  necessary  to  ·provide  for  the  protection  of 
employees in the event of a  change of employer, in 
particular, 
rights  are 
safeguarded 

to.  ensure 

their 

that 

( 4)  Differences  still  remain  in  the  Member  States  as 
regards the extent of the protection of employees in 
thiS  respect  and 
these  differences  should  be 
reduced. 

(S)  The  Community· Charter of the  fundamental  social 
rights  of  workers  adopted  on  9  December  1989 
('Social  Cbarter')  states,  in  points  7,  17  and  18  in 
particular  that:  'The  completion  of  the  internal 
market  must  lead  to  an  improvement  in  the  living 
and working Conditions of workers in the European 
Community.  The  improvement  must  cover,  where 
·necessary,  the  development  of  certain  aspects  of 
employment regulations such as procedures- for col 
lective.  redundancies.  and  those  regarding  bank 
ruptcies. Information, consultation and participation 
for  workers  must  be  developed  along  appropriate 
lines,  taking account of the practices in force  in  the 
various Member States. Such information, consulta 
tion and participation must be implemented  in  due 
time,  particularly  in  connection  with  restructuring 
operations  in  undertakings  or  in  cases  of mergers 
having  an impact on the  employment of workers'. · 

(6)  In 1977  the  Council  adopted  Directive  77/187/EEC 
to  promote  the  · hannonisation  of  the  relevant 
national laws ensuring the safeguar4ing of the rights 
.  of employees  and  requiring  transferors  and  trans 
ferees to inform and consult employees' representa 
tives  in good  time. 

(7)  That  Directive  was  subsequently  amended  in  the 
light  of  the  impact · of  the  internal  market,  the 
legislative  tendencies  of  the  Member  States  with 
regard  to  the  rescue  of undertakings  in  econoMic 
diffiCUlties,  the  case-law  of the  Court of Justice  of 
the  European  Communities,  Council  Directive 
151129/Bf!£  of  17 ·February  1975  on  the  approx 
imation  of the laws  of the. Member States  relating 
to  collective  redundancies (1)  and  the  legislation 
already in. force in most Member States. 

· 

(1)  OJ L 48,  22.2.1975,  p.  29.  Directivo replaced by Directive 

91159/BC (OJ L 225,  12.8~1998, p. 16). 

4 

.  13. 

98/50/EC 

(8)  The  Social  Charter  recognises  the  importance  of 
the  fight  against  all 
forms  of  discrimination, 
especially  based  on  sex,  colour,  race,  opinion  and 
creed. 

(9)  This  Directive  should  be  without  prejudice  to  the 
time-limits  set  out in Annex  I  Part  B within  which 
the  Member  States  are  to  comply  with  Directive 
77/187/EEC,  and  the  act  amendin$  it, 

HAS ADOPTED nns DIRECTIVE: 

5 

CHAPTER I 

Seope and definitions 

Article  I 

98/50/EC Art. 1.2 

Article I 

1. 

(a)  This  Directive  shall  apply  to  any  transfer  of  an 
undertaking, business, or part of an  undertaking or 
business  to  another employer as  a result of a legal 
transfer or merger. 

(b)  Subject  to  subparagraph  (a)  and  the  following 
proVisions  of this  Article,  there  is  a transfer within 
the  meaning  of  this  Directive  where  there  is  a 
transfer  of  an  economic  entity  which  retains  its 
identity,  meaning  an  organised  grouping  of 
resources  which  has  the  objective  of  pursuing  an 
economic  activity,  whether  or  not  that  activity  is 
central or ancillary. 

(c)  This  Directive  shall  apply  to  public  and  private 
in .  economic  activities 
undertakings  engaged 
whether . or  not  they  are  operating  for  gain.  An 
administrative  reorganis~tion of public  administra 
tive  authorities,  or  the  transfer  of  administrative 
functions between public administrative authorities, 
is  not  a  transfer  within  the  meaning  of  this 
Directive. 

2.  This  Directive  shall  apply  where  and  insofar  as  the 
undertaking,  business  or  part  of  the  undertaking  or 
bilsiness  to  be  transferred  is  situated within  the  territorial 
scope  of the li'eaty. 

3.  This  Directive  shall. not  apply  to  sea-going  vessels: 

1.  For  the purposes of this  Directive: 

Article 2 

(a)  'transferor shall mean any natural or legal person who, 
by  reason  of  a 
transfer  within  · the  meaning  of 
Article 1 (1 ),  ceases  to  be  the  employer  in  respect  of 
the undertaking, business or part of the undertaking or 
business; 

(b)  'transferee'  shall  mean  any  natural  or  legal  person 
who,  by  reason  of  a  transfer  within  the  meaning  of 
Article  1(1),' becomes  the  employer  in  respect  of the 
undertaking,  business  or  part  of  the  undertaking  or 
business; 

· 

(c)  'representatives  of employees'  and  related  expressions 
shall  mean  the  representatives  of  the  employees 
provided  for  by  the  laws  or  practices  of the  Member 
States; 

(d)  'employee' shall. mean  any person who,  in  th~ Member 
State  concerned,  is  protected  as  an  employee  under 
national  employment  law. 

6 

Alfide 2 

98/50/EC Art. 1.2 

2.  This  Directive  shall  be  without  prejudice  to  national 
law as  regards  the  definition of contract of employment or 
employment  relationship. 

However,  Member States shall  not exclude  from  the scope 
of this  Directive  contracts  of employment  or employment 
relationships  solely because: 

(a)  of the  number  of working  hours  performed  or  to  be 
· 

performed, 

(b)  they are employment relationships governed by a fixed 
duration  contract  of employment  within  the  meaning 
of  Article 1, 
of  Council  Directive 
91/383/EEC (1),  or 

point 1 

(c)  they  are  temporary  employment  relationships  within 
the  meaning  of  Article 1,  point 2  of  Directive 
91/383/EEC,  and  the  undertaking,  business  or part  of 
the undertaking or business transferred is,  or is part of, 
the  temporary  employment  business  which  is  the 
employer. 

CHAPTER 11 
SafeauanliD& of employees' rlcbts 

Article 3 

Anide3 

1.  The  transferor's  rights  and obligations  arising  from  a 
contract of employment or from  an  employment  relation 
ship  existing  on  the date  of a  transfer  shall,  by  reason  of 
such  transfer,  be transferred  to  the  transferee. 

Member  States  may  ptovide  that,  after  the  date  of trans 
fer,  the  transferor  and  the  transferee  shall  be  jointly  and 
severally liable in respect of obligations which  arose before 
the  date  of transfer from  a  contract of employment  or an 
employment  relationship  existing  · on  the  date  of  the 
transfer. 

2.  Member  States  may  adopt  appropriate  measures  to 
ensure  that the  transferor notifies  the  transferee of all  the 
rights  and  obligations  which  will  be  transferred  to  the 
transferee  under  this  Article,  so  far  as  t-hose  rights  and 
obligations  are  or  ought  to  have  been  known  to  the 
transferor  at  the  time  of  the  transfer.  A  failure  by  the 
transferor  to  notify  the  transferee  of  any  such· right  or 
obligation  shall  not  affect  the  transfer  of  that  right  or 
obligation  and  the  rights  of  any  employees  against  the 
transferee  and/or  transferor  in  respect  of  that  right  or 
obligation. 

Following the transfer, the transferee shall continue to 
3. 
observe  the  terms  and conditions  agreed  in  any  collective 
agreement  on  the  same  terms  applicable  to  the  transferor 
under  that  agreement,  until  the  date  of  termination  or 
expiry  of the  collective  agreement or ·the  entry  into  force 
or application  of another collective  agreement 

(1)  OJ L  206,  29.7.1991, p.  19. 

7 

98/50/EC Art. 1.2 

Member  States  may  limit  the  period  for  observing  such 
terms  and  conditions  with  the  proviso  that  it· shall  not  be 
less  than one year. 

· 

4. 

(a)  Unless  Member  States  provide  otherwise,  para 
graphs  1  and  3  shall  not . apply  in  relation  to 
employees' rights  to old-age, invalidity or survivors' 
benefits  under  supplementary  company  or  inter 
company  pension  schemes  outside  the  statutory 
social  security schemes  in Member  States. 

(b)  Even  where  they  dQ  not  provide  in  accordance 
with  subparagraph  (a)  that  paragraphs  1  ·and  3 
apply  in  relation  to  such  rights,  Member  States 
shall  adopt  the  measures  necessary  to  protect  the 
interests  of  employees  and  of  persons  no.  longer 
employed  in  the  transferor's  business  at  the  time 
of  the  transfer  in  respect  of rights  conferring  on 
them  immediate  or prospective  entitlement to  old 
age  benefits,  including  survivors'  benefits,  under 
supplementary 
in 
subparagraph  (a). 

. schemes 

referred 

to 

Article 4 

Article 4 

1.  The  transfer  of the  undertaking,  business  or  part  of 
the  undertaking  or  business· shall  not  in  itself constitute 
grounds  for  dismissal  by  the  transferor  or  the  transferee. 
This provision shall  not stand in the way  of dismissals  that 
may  take  place  for  economic,  technical  or  organisational 
reasons  entailing  changes  in  the workforce. 

Member  States  may  provide  that  the  first  subparagraph 
shall  not apply  to  certain specific  categories  of employees 
who  are  not  covered  by  the  laws  or  practice  of  the 
Member .States  in  respect of protection  against  dismissal. 

If  the  contract  of  employment  or  the  employment 
2. 
relationship  is  terminated  because  the  transfer  involves  a 
substantial  change  in working  conditions  to  the  detriment 
of the employee,  the employer shall  be regarded as  having 
been  responsible  for 
termination  of  the  contract  of 
employment  or of the employment  relationship. 

Article 5 

AC(icle 4a 

1.  Unless  Member  States  provide  otherwise,  Articles  3 
and  4  shall  not  apply  to  any  transfer  of  an  undertaking, 
business  or part of an  undertaking  or business  where  the 
transferor  is  the  subject of bankruptcy proceedings  or any 
analogous 
insolvency  proceedings  which  have  been 
instituted with a view to the liquidation of the assets of the 
transferor  and. are  under  the  supervision  of  a  competent 
public  authority (which  may be  an  inSolvency  practitioner . 
authorise_d  by  a  competent public  authority). 

8 

98/50/EC Art. 1.2 
(adapted) 

~ 2.  Where  Articles  3  and  4  apply  to  a  transfer  during 
insolvency proceedings which have been opened in relation 
to  a  transferor  (whether  or  not  those  proceedings  have 
been instituted with  a view  to the  liquidation of the  assets 
of the  transferor)  and  provided  that such  proceedings  are 
under  the  supetvision  of  a  competent  public  authority 
(which  may  be  an  insolvency  practitioner  determined  by 
national  law)  a  Member State may provide  that: 

(a)  notwithstanding  Article  3(1),  the  transferor's  debts 
arising  from  any  contracts  of employment  or  employ 
ment relationships  and  payable  before  the  transfer  or 
before  the opening of the insolvency proceedings shaD 
not be transferred to the· transferee, provided that such 
proceedings  give  rise,  under  the  law  of that  Member 
State, to protection at least equivalent to that provided 
in  situations  covered  by  Council  Directive 
for 
80/987/EEC (1); 

and,  or akematively,  that 

(b)  the  transferee,  transferor,  or  person  or persons  exer 
cising  the  transferor's functions,  on the one hand,  and 
the representatives of the employees on the other hand 
may  agree  alterations,  insofar  as  current  law  or prac 
tice permits, to the employees' tenns and conditions of 
employment designed to safeguard employment oppor 
tunities  by  ensuring  the  survival  of  the  undertaking, 
business  or part of the undertaking or business. 

3.  ·A  Member  State  may  apply  paragraph  2(b)  to  any 
transfers  where  the  transferor  is  in  a  situation  of serious 
economic  Crisis,  as  defmed  by  national  law~ provided  that 
the  situation  is  declared  by  a  competent public  authority 
and  open  to  judicial  supervision,  on  condition  that  such 
provisions  already existed in national  law  on  17 July  1998. 

The  Commission  shaD  present  a  report  on  the  effects  of 
this  provision  before  17  July  2003  and  shall  submit  any 
appropriate  proposals to the  Council. 

4.  Member States shall take appropriate measures with a 
view  to  preventing  misuse  of  insolvency  proceedings  in 
such  a way as  to deprive  employees of the rights provided 
for in this  Directive.. 

· 

(1)  OJ L  283,  20.l:Cl.1980,  p.  23.  Directive  as Jut amended .by 
the Act of A&x:euion of Austria, Fin1and  and Sweden. 

9 

Anicle 6 

98/50/EC Art.  1.2 

1. 
If the  undertaking, business or part of an  undertaking 
or business preserves its autonomy,  the status and function 
of  the  representatives  or  of  the  representation  of  the 
employees  affected  by  the  transfer  shall  be  preserved  on 
the  same  terms  and  subject  to  the  same  conditions  as 
existed  before  the  date  of  the  transfer  by  virtue  of law, 
regulation,  administrative provision or agreement, provided 
that  the . conditions  necessary  for  the  constitution  of  the 
employees'  representation  are  fulfilled. 

The  first  subparagraph  shall  not  apply  if,  under  the  laws, 
· regulations,  administratiVe  provisions  or  practice  in  the 
Member  States,  or by  agreement with  the  representatives 
of  the  employees, 
the  conditions  necessary  for  the 
reappointment  of the  representatives  of the  employees  or 
the  reconstitution  of  the  representation  of  the 
for 
employees  are  fulfdled 

Where the transferer is  the subject of bankruptcy proceed 
ings  or  any  analogous  insolvency  proceedings  which  have 
been instituted with  a view  to the  liquidation of the  assets 
of the  transferer  and are  under the  supervision  of a  com 
petent public authority (which may be an insolvency practi 
tioner  authorised  by  a  competent  public  authority), 
Member States may take the necessary measures to ensure 
that  the  transferred  employees  are  properly  represented 
until the  new  election or designation  of representatives  of 
the  employees. 

If the  undertaking,  business  or part of an  undertaking  or 
business  does  not  presetve  its  autonomy,  the  Member 
States shall take the necessary measures to ensure that the 
employees  transferred  who  were  represented  before  the 
transfer  continue  to  be  properly  represented  during  the 
period necessary for the reconstitution or reappointment of 
the  representation  of  employees 
in  accordance  with 
national  law  or practice. 

2. 
If the  term  of  office  of  the  representatives  of  the 
employees  affected  by  the  transfer  expires  as  a  result  of 
the transfer, the representatives shall continue to enjoy the 
protection·provided by the laws,  regulations, administrative 
provisions  or practice of the ·Member States. 

10 

Article 6 

CHAPTER  UI 

98/50/EC Art. 1.2 

Information  and consultation 

Anide 7 

1.  The  transferor  and  transferee  shall  be  required  to 
inform  the  representatives  of  their  respective  employees 
affected by .the  transfer of the following: 

the· date or proposed date  of the  transfer, 

the  reasons for  the transfer, 

the  legal,  economic  and  social  implicatioBS  of  the 
transfer for the  employees, 

any measures envisaged in relation to the employees. 

The  transferor  must  give  such  information  to  the  repre 
sentatives  of  his  employees  in  good  time  before  the 
transfer is  carried out. 

The  transferee  must  give  such  information  to  the  repre 
sentatives of his employees in good tim~ and in  any event 
before  his  employees  are  directly  affected  by  the  tnmsfer 
as  regards  their conditions of work  and employment. 

2.  Where  the  transferor  or  the  transferee  envisages 
measures in  relation to his empl.oyees,  he  shall conSult the 
representatives  of  his  employees  in  good  time  on  such 
measures with  a view  to reaching an  agreement. 

that  representatives  of 

3.  Member States whose laws, regulations or administra 
the 
tive  provisions  provide 
employees  may  have  recourse  to  an  arbitration  board  to 
obtain  a  decision  on the  measures  to  be  taken in  relation 
to  employees  may  limit the obligations laid  down in para 
graphs  1  and  2  to  cases  where  the  transfer  carried  out 
gives  rise  to  a  change  in  the  business  likely  to  entail 
serious  disadvantages  for  a  considerable  number  of  the 
employees. 

The  information  and consultations  shall  cover at least  the 
measures  envisaged  in relation  to the  employees. 

The information must be provided and consultations taken 
place  in  good  time  before  the  change  in  the  business  as 
referred  to in  the  first  subparagrapb  is  effected. 

4.  The  obligations  laid  down  in  this  Article  shall  apply 
irrespective  of whether the  decision  resulting in the  trans 
fer is taken by the employer or an undertaking controUing 
the employer. 

In  considering  alleged  breaches  of  the  information  and 
consultation  requirements laid· down by this  Directive,  the 
argument  that such  a  breach  occurred  because  the  infor 
mation was not provided by an undertaking controlling the 
employer shall not be aa:epted as an excuse. 

11 

98/SO/EC Art. 1.2 

S.  Member States may limit the obligations laid down  in 
paragraphs 1,  2 and 3 to undertakings or businesses which, 
in terms of the  number of employees,  meet the  conditions 
for  the  election  or nomination  of a  collegiate  body  repre 
senting  the  employees. 

6.  Member States shall provide  that, where  there are no 
representatives of the employees in  an undertaking or busi 
ness  through  no  fault  of  their  own,  the  employees  con 
cerned  must  be informed  in  advance  of: 

the  date  or proposed date  of the  transfer, 

the  reason for  the  transfer, 

tbe  legal,  economic  and  social  implications  of  the 
transfer  for  the  employees, 

any  measures  envisaged  in  relation  to  the  employees. 

CHAPTER IV 

Final provisions 

Article 8 

This Directive  shall  not affect  the  right  of Member States 
to  apply  or  introduce  laws,  regulations  or  administrative 
provisions  which  are  more  favourable  to  employees  or  to 
promote  or  permit  collective  agreements  or  agreements 
between  social  partners more  favourable  to  employees. 

Article  9 

Member  States  shall  introduce  into  their  national  legal 
systems  such  measures  as  are  necessary  to  enable  all 
employees  and representatives of employees who  consider 
themselves  wronged· by failure  to  comply  with  the  obliga 
tions  arising  from  this  Directive  to  pursue  their  claims  by 
judicial process after possible  recourse  to other competent 
authorities. 

Article? 

Anjcle Zq 

Article  10 

Altide7b 

The Commission shall submit to the Council an analysis of 
the  effects  of  'the  proVisions  of  this  Directive  before 
17 July 2006.  It shall  propose  any  amendment  which  may 
seem  necessary. 

12 

.i ,. 

,"' 

Article.JJ 

77/187/EEC 

Anjcle 8 

Member  States shall  communicate  to  the  Commission  the 
texts  of the  laws,  regulations  and  administrative  provisions 
which  they  adopt  in  the field  covered  by  this  Directive. 

Article  12 

Directive  77/187/EEC,  as  amended  by  the  Directive 
referred  .to  in  Annex  I,  Part  A,  is  repealed,  without 
prejudice to the obligations of the Member States concern 
ing the  time-limits  for  implementation  set  out  in Annex I, 
Part  B. 

References tq the repe.aled  Directive  shall be construed as 
references  to  this  Directive  and  shall  be  read  in  accord 
ance  with  the  correlation table  in Annex 11. 

Article  13 

This  Directive  shall  enter into  force  on the  twentieth  day 
following  that  of its  publication  in  the  Official  Journal  of 
the  European  Communities. 

This  Directive  is  addressed  to  the  Member States. 

Article  14 

Done  at Brussels, 

13 

ANNEX/ 

PART  A 

Repealed  Directive and Its  amendina Directive 
(referred  to in  Article  12) 

Council  Directive 77/187/EEC (OJ  L 61, 5.3.1977,  p.  26) 

Council Directive 98/SO/EC  (OJ 1!.  201,  17.7.1998, p.  88) 

14 

PARTB 

Deadlines  for tnnsposition into national  law 
(referred  to in Article  12) 

· 

Directive 

Deadline for  transposition 

17/187/EEC 
98/SO!EC 

16  February  1979 
17  July  2001 

15 

ANNEX I/ 

CORRELATION  TABLE 

Directive 11ntr1 fEZ£ 

This Directive 

Article  1 

Artide 2 

Artide 3 

Artide 4 

Artide 4a 

Artide S 

Artide 6 

Artide 7 

Artide 7a 

~de7b 

Artide 8 

Article  1 

Article  2 

Article  3 

Article 4 

Article 5 

Anicle 6 

Article  7 

Article 8 

Article  9 

Article  10 

Article  11 

Article  12 

Article  13 

Artide  14 

ANNEX I 

ANNEXD 

16