Directive 2000/34/EC of the European Parliament and of the Council of 22 June 2000 amending Council Directive 93/104/EC concerning certain aspects of the organisation of working time to cover sectors and activities excluded from that Directive
Date: 2000-06-22
Institutions: Council of the European Union, European Parliament
Subjects: carrier, crew, organisation of work, professional association, trade union, working time

1.8.2000

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Official Journal of the European Communities

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DIRECTIVE 2000/34/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 22 June 2000

amending Council Directive 93/104/EC concerning certain aspects of the organisation of working
time to cover sectors and activities excluded from that Directive

THE EUROPEAN PARLIAMENT AND COUNCIL OF THE EURO-
PEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 137(2) thereof,

Having regard to the proposal from the Commission (1),

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

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3), in the light of the joint text approved by
the Conciliation Committee on 3 April 2000,

Whereas:

the activities of

Article 137 of the Treaty provides that the Community
is to support and complement
the
Member States with a view to improving the working
environment
to protect workers' health and safety.
Directives adopted on the basis of that Article are to
and legal
avoid imposing administrative,
constraints in a way which would hold back the creation
and development of small and medium-sized undertak-
ings.

financial

Council Directive 93/104/EC of 23 November 1993
concerning certain aspects of
the organisation of
working time (4) lays down minimum safety and health
requirements for the organisation of working time, in
respect of periods of daily rest, breaks, weekly rest,
maximum weekly working time, annual
leave and
aspects of night work, shift work and patterns of work.
That Directive should be amended for the following
reasons.

(1)

(2)

(3)

(4)

Road, air, sea and rail transport, inland waterways, sea
fishing, other work at sea and the activities of doctors in
training are excluded from the scope of Council
Directive 93/104/EC.

The Commission, in its proposal of 20 September 1990,
did not exclude any sectors and activities from Council
Directive 93/104/EC, nor did the European Parliament in
its Opinion of 20 February 1991 accept such exclusions.

(13)

(14)

(1) OJ C 43, 17.2.1999, p. 1.
(2) OJ C 138, 18.5.1999, p. 33.
(3) Opinion of the European Parliament of 14 April 1999 (OJ C 219,
30.7.1999, p. 231), Council Common Position of 12 July 1999 (OJ
C 249, 1.9.1999, p. 17) and Decision of the European Parliament
of 16 November 1999 (not yet published in the Official Journal).
Decision of the European Parliament of 17 May 2000 and Council
Decision of 18 May 2000.
(4) OJ L 307, 13.12.1993, p. 18.

(5)

(6)

(7)

(8)

(9)

The health and safety of workers should be protected at
the workplace not because they work in a particular
sector or carry out a particular activity, but because they
are workers.

As regards sectoral
legislation for mobile workers, a
complementary and parallel approach is needed in the
provisions on transport safety and the health and safety
of the workers concerned.

Account needs to be taken of the specific nature of
activities at sea and of doctors in training.

Protection of the health and safety of mobile workers in
the excluded sectors and activities should also be guar-
anteed.

The existing provisions concerning annual
leave and
health assessments for night work and shift work should
be extended to include mobile workers in the excluded
sectors and activities.

(10)

The existing provisions on working time and rest need
to be adapted for mobile workers in the excluded sectors
and activities.

(11) 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.

(12) A European Agreement in respect of the working time
of seafarers has been put into effect by means of a
Council Directive (5), on a proposal from the Commis-
sion, in accordance with Article 139(2) of the Treaty.
Accordingly, the provisions of this Directive should not
apply to seafarers.

case of
is
it

those
for Member States

‘share-fishermen’ who are
In the
employees,
to determine,
pursuant to Article 7 of Council Directive 93/104/EC,
the conditions for entitlement
to, and granting of,
annual leave, including the arrangements for payments.

Specific standards laid down in other Community instru-
ments relating, for example, to rest periods, working
time, annual leave and night work for certain categories
of workers should take precedence over the provisions
of Council Directive 93/104/EC as amended by this
Directive.

(5) Council Directive 1999/63/EC of 21 June 1999 concerning the
Agreement on the organisation of working time of
seafarers
concluded by the European Community Shipowners' Association
(ECSA) and the Federation of Transport Workers' Unions in the
European Union (FST) (OJ L 167, 2.7.1999, p. 33).

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(15)

(16)

In the light of the case law of the Court of Justice of the
European Communities the provision relating to Sunday
rest should be deleted.

the Court of

In its judgment in Case C-84/94 United Kingdom v.
Council (1)
Justice ruled that Council
Directive 93/104/EC accords with the principles of
subsidiarity and proportionality set out in Article 5 of
the Treaty. There is no reason to assume that that judg-
ment is not applicable to comparable rules concerning a
number of aspects of the organisation of working time
in excluded sectors and activities,

3. In Article 5, the following subparagraph shall be deleted:

‘The minimum rest period referred to in the first subpara-
graph shall

in principle include Sunday.’

4. Article 14 shall be replaced by the following:

‘Article 14

More specific Community provisions

This Directive shall not apply where other Community
instruments contain more specific requirements relating to
the organisation of working time for certain occupations
or occupational activities.’

HAVE ADOPTED THIS DIRECTIVE:

5. Article 17(2.1) shall be replaced by the following:

Article 1

Directive 93/104/EC is hereby amended as follows:

1. Article 1(3) shall be replaced by the following:

‘3. This Directive shall apply to all sectors of activity, both
public and private, within the meaning of Article 2 of
Directive 89/391/EEC, without prejudice to Articles 14 and
17 of this Directive.

This Directive shall not apply to seafarers, as defined in
Council Directive 1999/63/EC of 21 June 1999 concerning
the Agreement on the organisation of working time of
seafarers, concluded by the European Community Shipow-
ners' Association (ECSA) and the Federation of Transport
Workers' Unions in the European Union (FST) (*) without
prejudice to Article 2(8) of this Directive.

(*) OJ L 167, 2.7.1999, p. 33.’;

2.

in Article 2, the following shall be added:

‘7. “mobile worker” shall mean any worker employed as
flying personnel by an
a member of
travelling or
undertaking which operates
for
passengers or goods by road, air or inland waterway.

transport

services

8. “offshore work” shall mean work performed mainly on
or from offshore installations (including drilling rigs),
directly or indirectly in connection with the explora-
tion, extraction or exploitation of mineral resources,
including hydrocarbons, and diving in connection with
such activities, whether performed from an offshore
installation or a vessel.

9. “adequate rest” shall mean that workers have regular
the duration of which is expressed in
rest periods,
time and which are sufficiently long and
units of
fatigue or
continuous to ensure that, as a result of
they do not cause
other irregular working patterns,
injury to themselves, to fellow workers or to others
and that they do not damage their health, either in
the short term or in the longer term.’;

(1) ECR [1996] I — 5755.

‘2.1. from Articles 3, 4, 5, 8 and 16:

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

(b) in the case of security and surveillance activities
to
requiring a permanent presence in order
protect
particularly
and
security guards and caretakers or security firms;

property

persons,

(c) in the case of activities involving the need for
continuity of service or production, particularly:

(i) services relating to the reception, treatment
care provided by hospitals or
and/or
including the activi-
similar establishments,
ties of doctors in training, residential insti-
tutions and prisons;

(ii) dock or airport workers;

(iii) press,

radio,

television,

cinematographic
production, postal and telecommunications
services, ambulance,
fire and civil protec-
tion services;

(iv) gas, water and electricity production, trans-
mission and distribution, household refuse
collection and incineration plants;

(v) industries in which work cannot be inter-

rupted on technical grounds;

(vi) research and development activities;

(vii) agriculture;

(viii) workers concerned with the carriage of
urban transport

passengers on regular
services;

(d) where there is a foreseeable surge of activity,

particularly in:

(i) agriculture;

(ii) tourism;

(iii) postal services;

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(e) in the case of persons working in railway trans-

port:

(i) whose activities are intermittent;

(ii) who spend their working time on board

trains; or

(iii) whose activities are linked to transport time-
tables and to ensuring the continuity and
regularity of traffic.’.

6. In Article 17(2) the following shall be added:

in point

out
cover:

(iii), such an agreement may

— the average number of weekly hours of
work during the transitional period; and

— the measures to be adopted to reduce
weekly working hours to an average of
48 by the end of the transitional period;

(b) with respect to Article 16(2), provided that the
reference period does not exceed 12 months,
the transitional period
during the first part of
specified in paragraph (a)
(iii), and six months
thereafter.’;

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

training:

7. The following Articles shall be inserted:

(a) with respect

to Article 6,
period of five years from 1 August 2004.

for a transitional

care. At

and medical

(i) Member States may have up to two more
years,
if necessary, to take account of diffi-
culties in meeting the working time provi-
sions with respect to their responsibilities for
the organisation and delivery of health
six
services
least
months before the end of
the transitional
period,
the Member State concerned shall
inform the Commission giving its reasons, so
that
the Commission can give an opinion,
after appropriate consultations, within the
three months following receipt of such infor-
mation. If the Member State does not follow
the opinion of
it will
justify its decision. The notification and justi-
and the
fication of
shall
opinion
be
of
published in the Official
the Euro-
pean Communities and forwarded to the Euro-
pean Parliament.

State
Commission

the Commission,

the Member

Journal of

the

‘Article 17a

Mobile workers and offshore work

Articles 3, 4, 5 and 8 shall not apply to mobile

1.
workers.

2. Member States shall, however,
take the necessary
measures to ensure that such mobile workers are entitled
to adequate rest, except in the circumstances laid down
in Article 17(2.2).

Subject

to compliance with the general principles
3.
relating to the protection of
the safety and health of
workers, and provided that there is consultation of repre-
sentatives of the employer and employees concerned and
efforts to encourage all relevant forms of social dialogue,
so wish, Member
including negotiation if
States may, for objective or technical reasons or reasons
concerning the organisation of work, extend the reference
period referred to in Article 16(2) to twelve months in
respect of workers who mainly perform offshore work.

the parties

(ii) Member

an additional
States may have
period of up to one year,
to
take account of special difficulties in meeting
abovementioned responsibilities. They
the
shall
follow the procedure set out in para-
graph (i).

if necessary,

Within the context of

the transitional period:

(iii) Member States shall ensure that in no case
will
the number of weekly working hours
exceed an average of 58 during the first
three years of
the transitional period, an
average of 56 for the following two years
and an average of 52 for any remaining
period.

(iv) The employer shall consult

the representa-
tives of the employees in good time with a
view to reaching an agreement, wherever
possible, on the arrangements applying to
the transitional period. Within the limits set

On 1 August 2005 the Commission shall, after
4.
and
consulting the Member States
and management
labour at European level, review the operation of
the
provisions with regard to offshore workers from a health
and safety perspective with a view to presenting, if need
be, the appropriate modifications.

Article 17b

Workers on board sea-going fishing vessels

Articles 3, 4, 5, 6 and 8 shall not apply to any
1.
worker on board a sea-going fishing vessel flying the flag
of a Member State.

take the necessary
2. Member States shall, however,
measures 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 to limit
the number of hours of
work to 48 hours a week on average calculated over a
reference period not exceeding 12 months.

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3. Within the limits set out in paragraphs 2, 4 and 5
to
Member States
ensure that,
the
safety and health of such workers,

take the necessary measures
in keeping with the need to protect

shall

vessel, persons on board or cargo, or for the purpose of
giving assistance to other vessels or persons in distress at
sea.

(a) the working hours are limited to a maximum number
of hours which shall not be exceeded in a given
period of time, or

(b) a minimum number of hours of rest are provided

within a given period of time.

The maximum number of hours of work or minimum
number of hours of rest shall be specified by law, regula-
tions, administrative provisions or by collective agree-
ments or agreements between the two sides of
the
industry.

4.

The limits on hours of work or rest shall be either:

(a) maximum hours of work which shall not exceed:

(i) 14 hours in any 24-hour period, and

(ii) 72 hours in any seven-day period;

or

(b) minimum hours of rest which shall not be less than:

(i) 10 hours in any 24-hour period, and

(ii) 77 hours in any seven-day period.

Hours of rest may be divided into no more than
5.
two periods, one of which shall be at least six hours in
length, and the interval between consecutive periods of
rest shall not exceed 14 hours.

6.
the
In accordance with the general principles of
protection of the health and safety of workers, and for
objective or technical reasons or reasons concerning the
organisation of work, Member States may allow excep-
tions, including the establishment of reference periods, to
the limits laid down in paragraphs 2, 4 and 5. Such
exceptions shall, as far as possible, comply with the stan-
dards laid down but may take account of more frequent
or longer leave periods or the granting of compensatory
the workers. These exceptions may be laid
leave for
down by means of

(i) laws, regulations or administrative provisions provided
there is consultation, where possible, of the represen-
tatives of the employers and workers concerned and
efforts are made to encourage all relevant forms of
social dialogue, or

(ii) collective agreements or agreements between the two

sides of industry.

The master of a sea-going fishing vessel shall have
7.
the right
to require workers on board to perform any
hours of work necessary for the immediate safety of the

8. Members States may provide that workers on board
sea-going fishing vessels for which national legislation or
practice determines that these vessels are not allowed to
operate
year
the
exceeding one month, shall take annual
leave in accord-
ance with Article 7 within the abovementioned period.’

specific period of

calendar

in a

Article 2

the latest,

1. Member States shall bring into force the laws, regula-
tions and administrative provisions necessary to comply with
this Directive no later than 1 August 2003, or shall ensure
that, by that date at
industry
have introduced the necessary measures by agreement, the
Member States being required to take any necessary measure
to enable them at any time to be in a position to guarantee
the results imposed by this Directive. With regard to doctors
in training that date shall be 1 August 2004. They shall
forthwith inform the Commission thereof.

the two sides of

2. When Member States adopt the measures referred to in
paragraph 1, they shall contain a reference to this Directive
or shall be accompanied by such reference on the occasion
of their official publication. The methods of making such a
reference shall be laid down by the Member States.

3. Without prejudice to the right of Member States to
develop,
in the light of changing circumstances, different
legislative, regulatory or contractual provisions in the field of
the minimum requirements
working time,
imple-
provided for
mentation of this Directive shall not constitute valid grounds
for
level of protection afforded to
workers.

in this Directive are complied with,

reducing the general

long as

as

4. Member States shall communicate to the Commission
the texts of the provisions of national
law already adopted
or being adopted in the field governed by this Directive.

Article 3

Not later than 1 August 2009 the Commission shall, after
consulting the Member States and management and labour
the provisions
at European level, review the operation of
with regard to workers on board sea-going fishing vessels,
in particular examine whether these provisions remain
and,
appropriate,
in particular, as far as health and safety are
concerned with a view to proposing suitable amendments, if
necessary.

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Article 4

Article 6

Not later than 1 August 2005 the Commission shall, after
consulting the Member States and 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 presenting,
if need be, the appropriate modifications to
ensure a coherent and suitable approach in the sector.

This Directive is addressed to the Member States.

Done at Luxembourg, 22 June 2000.

Article 5

This Directive shall enter into force on the date of its publi-
cation in the Official Journal of the European Communities.

For the European Parliament

For the Council

The President

N. FONTAINE

The President

J. SÓCRATES

Commission statement regarding Sunday rest

The Commission states that it will report on the situation in the Member States with regard to legislation
on Sunday rest
the Working Time Directive
(93/104/EC).

in its forthcoming report on the implementation of

Commission statement regarding implementation of Article 1, paragraph 6

The Commission states that it intends, before giving its opinion, to consult management and labour at
European level and representatives of the Member States with a view to delivering its opinion three months
after the Commission receives the notification from the Member State.