Amended proposal for a Directive of the European Parliament and of the Council concerning the organisation of working time for mobile workers performing road transport activities and for self-employed drivers (presented by the Commission pursuant to Article 250(2) of the EC Treaty)
Date: 2000-11-23
Institutions: European Commission
Subjects: arrangement of working time, drivers, labour mobility, road transport, self-employed person

C 120 E/284

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Official Journal of the European Communities

24.4.2001

Amended proposal for a Directive of the European Parliament and of the Council concerning the
organisation of working time for mobile workers performing road transport activities and for
self-employed drivers (1)

(2001/C 120 E/31)

(Text with EEA relevance)

COM(2000) 754 final (cid:151) 1998/0319(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 24 January 2001)

(1) OJ C 43, 17.2.1999, p. 4.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Unchanged

Having regard to the Treaty establishing the European
Community, and in particular Articles and thereof,

Having regard to the Treaty establishing the European
Community, and in particular Articles 71 and 137 thereof,

Having regard to the proposal from the Commission,

Unchanged

Having regard to the opinion of
Committee (1),

the Economic and Social

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (2),

Whereas:

(1) Article 71 of the Treaty provides that the Council shall
adopt, amongst other things, common rules applicable to
road transport as well as measures designed to improve
road safety; whereas this Article provided the proper legal
base in particular for the adoption of common rules
concerning working time for self-employed drivers in
road transport.

(2) Article of the Treaty provides that the Council shall adopt
by means of Directives, minimum requirements
for
encouraging improvements, especially in the working
environment, to ensure a better level of protection of
the safety and health of workers.

(2) Article 137 of the Treaty provides that the Council shall
adopt by means of Directives, minimum requirements for
encouraging improvements, especially in the working
environment, to ensure a better level of protection of
the safety and health of workers.

Unchanged

(3) Council Regulation (EEC) No 3820/85 of 20 December
1985 (3) on the harmonisation of certain social legislation
relating to road transport has laid down common rules on
driving times and rest periods for drivers; whereas this
Regulation does not cover other aspects of working
time for road transport.

___________
(1) OJ C 138, 18.5.1999, p. 33.
(2) OJ C 219, 30.7.1999, p. 235 and OJ C 279, 1.10.1999, p. 270.
(3) OJ L 370, 31.12.1985, p. 1.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(4) Council Directive 93/104/EC of 23 November 1993 (1)
concerning aspects of the organisation of working time
has laid down minimum safety and health requirements
for the organisation of working time applicable to all
sectors of activity, both public and private with the
exception of air, rail, road, sea,
inland waterway and
lake transport amongst others.

(5) The Council recognised in the preamble to that Directive
that it may be necessary to adopt separate measures with
regard to the organisation of working time in certain
sectors and activities which are excluded from the scope
of the Directive.

(6) It is therefore necessary in order to ensure improved road
safety, to avoid distortion of competition, and to promote
enhanced working conditions for road transport activities,
all mobile workers performing road transport
that
activities and self-employed drivers should operate under
a set of minimum standards on working time.

(7) The provisions in this Directive are more specific to road
transport than certain provisions in Directive 93/104/EC
as amended and hence under Article 14 of
the latter
Directive these provisions take precedence.

(8) In order to improve road safety, to avoid distortion of
competition and to ensure the safety and health of these
mobile workers and self-employed drivers, they must be
granted minimum daily and weekly periods of rest, and
adequate breaks; whereas it is also necessary to place a
maximum limit on weekly working hours.

(9) It is necessary to indicate that the provisions relating to
rest periods and breaks within Council Regulation (EEC)
No 3820/85 on the harmonisation of certain social legis-
lation relating to road transport continue to apply to
certain mobile workers and self-employed drivers.

(10) The above Regulation’s provisions on driving time are
supplemented by the working time provisions of
this
Directive.

___________
(1) OJ L 307, 13.12.1993, p. 18.

(11) Regulation (EEC) 3820/85 sets maximum driving times
and minimum rest periods for all drivers, providing an
enforceable check for both employed and self-employed
drivers for the major element in their working time.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(12) It is therefore considered expedient to temporarily exclude
self-employed drivers from the ambit of the proposal.

In spite of intensive negotiations between the social partners,
an agreement has not been possible in respect of mobile
workers in road transport, to be put into effect by means of
a Council Decision on a proposal from the Commission,
in
accordance with Article 4(2) of the Agreement on Social Policy.

(13) In spite of

intensive negotiations between the social
partners, an agreement on working time has not been
possible in respect of mobile workers in road transport,
to be put into effect by means of a Council Decision on a
proposal
in accordance with
from the Commission,
Article 4(2) of the Agreement on Social Policy.

Directive 2000/34/EC of the European Parliament and of the
Council of 22 June 2000 amending Directive 93/104/EC to
cover sectors and activities excluded from that Directive (1),
amends Directive 93/104/EC to ensure its application to
non-mobile workers in the sectors and activities currently
excluded, and to provide basic protection to mobile workers
this basic
performing road transport
protection includes the existing rules on annual
leave and
certain basic provisions for night workers including health
assessment.

activities; whereas

Research has shown that the human body is more sensitive at
night
to environmental disturbances and also to certain
burdensome forms of organisation and that long periods of
night work can be detrimental to the health of workers and
can endanger their safety and also road safety in general.

(14) Directive 2000/34/EC of the European Parliament and of
the Council of 22 June 2000 amending Directive
93/104/EC to cover sectors and activities excluded from
that Directive (1), amends Directive 93/104/EC to ensure
its application to non-mobile workers in the sectors and
activities
and to provide basic
protection to mobile workers performing road transport
activities; whereas
the
existing rules on annual leave and certain basic provisions
for night workers including health assessment.

this basic protection includes

excluded,

currently

(15) Research has

shown that

the human body is more
sensitive at night to environmental disturbances and also
to certain burdensome forms of organisation and that
long periods of night work can be detrimental to the
health of workers and can endanger their safety and
also road safety in general.

As a consequence there is a need to limit the duration of
periods of night work,
including overtime, and to ensure
records of working time are kept by employers for night
workers and for mobile workers exceeding the 48-hour
average weekly maximum.

(16) As a consequence there is a need to limit the duration of
periods of night work, including overtime, and to ensure
records of working time are kept by employers for night
workers and for mobile workers exceeding the 48-hour
average weekly maximum.

Night workers should receive appropriate compensation for
their activity and should not be disadvantaged as regards
training and promotion opportunities.

(17) Night workers should receive appropriate compensation
for their activity and should not be disadvantaged as
regards training and promotion opportunities.

___________
(1) OJ L 195, 1.8.2000, p. 41.

___________
(1) OJ L 195, 1.8.2000, p. 41.

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INITIAL PROPOSAL

AMENDED PROPOSAL

Regulation (EEC) No 3820/85 permits drivers covered by
Article 6 a driving time of up to 65 hours per week;
whereas the driver’s weekly working time is limited to 60
this Directive;
hours per week according to Article 3 of
whereas the drivers covered by Article 6 of cited Regulation
(EEC) No 3820/85 will have to be able to continue driving up
to 65 hours, provided that
the average maximum weekly
working time of 48 hours over four months is not exceeded.

(18) Regulation (EEC) No 3820/85 permits drivers covered by
Article 6(1), fourth and fifth subparagraphs, a driving time
of up to 65 hours per week; whereas the driver’s weekly
working time is limited to 60 hours per week according
to Article 3 of this Directive; whereas the drivers covered
by Article 6(1), fourth and fifth subparagraphs of cited
Regulation (EEC) No 3820/85 will have to be able to
the
continue driving up to 65 hours, provided that
average maximum weekly working time of 48 hours
over four months is not exceeded.

The Commission should monitor the implementation of this
Directive and developments in this fields in the Member States
and submit to the Council, the European Parliament and the
Economic and Social Committee a report on the application of
the rules.

(19) The Commission should monitor the implementation of
this Directive and developments in this fields in the
Member States and submit to the Council, the European
Parliament and the Economic and Social Committee a
report on the application of the rules.

It is necessary to provide that certain provisions may be subject
to derogations implemented, according to the case, by the
industry; whereas as a
Member States or the two sides of
general
the workers
in the event of a derogation,
concerned must be given equivalent compensatory rest periods.

rule,

(20) It is necessary to provide that certain provisions may be
subject to derogations implemented, according to the case,
industry;
by the Member States or the two sides of
whereas as a general rule, in the event of a derogation,
the workers
given equivalent
compensatory rest periods.

concerned must be

In accordance with the principles of subsidiarity and propor-
tionality as set out in Article 3b of the Treaty, the objectives of
the proposed action as outlined above cannot be adequately
in that the objective is to
achieved by the Member States,
ensure that all workers in the Community enjoy adequate
protection of their health and safety, with regard to working
time; whereas, in view of the scale and impact of the proposed
action, these objectives can best be achieved at Community
level by the introduction of minimum provisions applicable
to the entire European Community; whereas
the present
Directive constitutes no more than the minimum necessary
to achieve these objectives,

(21) In accordance with the principles of subsidiarity and
proportionality as set out in Article 3b of the Treaty,
the objectives of the proposed action as outlined above
cannot be adequately achieved by the Member States, in
that the objective is to ensure that all workers in the
their health
Community enjoy adequate protection of
and safety, with regard to working time; whereas,
in
view of
the proposed action,
these objectives can best be achieved at Community
level by
introduction of minimum provisions
applicable to the entire European Community; whereas
the present Directive constitutes no more than the
minimum necessary to achieve these objectives,

the scale and impact of

the

HAVE ADOPTED THIS DIRECTIVE:

Unchanged

Article 1

Purpose and Scope

1.
The purpose of this Directive is to establish minimum
health and safety standard in relation to the organisation of
working time in road transport and to improve road safety.

2.
This Directive applies to all mobile workers performing
road transport activities employed by undertakings established
in a Member State and to self-employed drivers.

The provisions of

3.
this Directive shall apply to self-
employed drivers three years after the end date for trans-
position of the Directive by Member States fixed by Article 11.

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INITIAL PROPOSAL

AMENDED PROPOSAL

Unchanged

contains more
specific Community
4.
This Directive
to Article 14 of Council Directive
provisions pursuant
93/104/EC as
regards mobile workers of undertakings
engaged in road transport activities and therefore the latter’s
provisions take precedence over the relevant provisions of
Council Directive 93/104/EC as
by Council
Directive 2000/34/EC.

amended

This Directive applies without prejudice to the provisions

5.
of Regulation (EEC) 3820/85.

Article 2

Definitions

1. For the purposes of this Directive,

(cid:145)working time(cid:146) means:

(a) in the case of self-employed drivers,

the time during

which the following activities are carried out:

(i) driving;

(ii) loading and unloading;

(iii) supervising
bus/coach;

passengers

getting

in/out

of

the

(iii) checking or supervising passengers getting in/out of

the bus/coach;

(iv) cleaning of the vehicle;

Unchanged

(v) security inspection of the vehicle and;

(v) inspection of the vehicle and monitoring of loading

and unloading;

(vi) other work to ensure the safety of the vehicle, the

Unchanged

load or the passengers;

(vii) technical maintenance of the vehicle;

(viii) administrative

formalities with police,

customs,

immigration officers, etc.

(b) in the case of mobile workers,

the time from the
beginning to the end of work, that is all activities or
standby duty, excluding breaks.

Activities include, in particular:

(i) driving;

(ii) loading and unloading;

(iii) supervising
bus/coach;

passengers

getting

in/out

of

the

(iii) checking or supervising passengers getting in/out of

the bus/coach;

(iv) cleaning of the vehicle;

Unchanged

(v) security inspection of the vehicle and

(v) inspection of the vehicle and monitoring of loading

and unloading;

(vi) other work to ensure the safety of the vehicle, the

Unchanged

load or the passengers;

(vii) technical maintenance of the vehicle;

(ix) administrative work.

Unchanged

(viii) administrative

formalities with police,

customs,

immigration officers, etc.

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INITIAL PROPOSAL

AMENDED PROPOSAL

2. (cid:145)Standby duty(cid:146) means the time during which the mobile
worker is at his place of work, ready to take up full
working duties, where appropriate on his own initiative,
and generally with certain tasks associated with being on
duty.

(cid:145)Standby period(cid:146) means the time during which the mobile
worker has no duties, while available for taking up work.
Stand-by periods must be known in accordance with the
conditions agreed between social partners at the level and
under the terms provided in the legislation of the Member
States.

(cid:145)Standby period(cid:146) means the time during which the mobile
worker has no duties, while available for taking up work.
Stand-by periods must be known at least one day in advance
by the mobile worker and prior to the completion of the
previous shift
in accordance with the conditions agreed
between social partners at the level and under the terms
provided in the legislation of the Member States.

Without prejudice to the legislation of the Member States or
agreements between social partners requiring such periods
to be compensated or limited, stand-by periods shall not be
considered as working time in the meaning of Articles 3
and 6 of this Directive.

Unchanged

3. (cid:145)Mobile workers(cid:146) are all those workers,

including trainees
and apprentices, who are employed by an undertaking
engaged in road transport and form part of the travelling
personnel.

4. (cid:145)Rest period(cid:146) means any uninterrupted period of at least one
hour during which the mobile worker or self-employed
driver may freely dispose of his time.

5. (cid:145)Week(cid:146) means the period between 00.00 hours on Monday

and 24.00 hours on Sunday.

6. (cid:145)Night time(cid:146) means a period of at least seven hours, as
defined by national law, and in any case encompassing the
period between midnight and 5 a.m.

7.

(cid:145)Night work(cid:146) means work during a working period which
includes more than two hours of night time.

8. (cid:145)Night workers(cid:146) means mobile workers or self-employed

drivers who:

(i) usually perform night work, or:

(ii) perform a certain proportion of their annual working
time during night
time. This proportion shall be
defined by the legislation of the Member States in consul-
tation with the social partners.

9. (cid:145)self-employed driver(cid:146) means anyone whose main occupation
is to carry passengers or goods by road at a customers
request.

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INITIAL PROPOSAL

AMENDED PROPOSAL

Article 3

Unchanged

Maximum weekly working time

Member States shall take the measures necessary to ensure that:

1. the average weekly working time may not exceed 48 hours.
The maximum weekly working time can be extended to 60
hours only if within four months an average of 48 hours
per week is not exceeded. This is without prejudice to
Article 6(1), paragraphs 4 and 5 of Regulation (EEC)
3820/85, provided that
the self-employed drivers and
mobile workers concerned do not exceed the average
maximum weekly working time of 48 hours over 4 months.

2. for mobile workers, working time for different employers is

the sum of the working hours.

2. for mobile workers, working time for different employers is
the sum of the working hours. The employer shall ask the
mobile workers in writing for an account of
the time
worked for another employer. The mobile worker shall
supply this information in writing.

Article 4

Breaks

Unchanged

Member States shall take the measures necessary to ensure that,
without prejudice to the level of protection provided by
Council Regulation (EEC) No 3820/85 on the harmonisation
of certain social legislation relating to road transport, mobile
in no circumstances be employed and self-
workers shall
employed drivers shall
the
for more than six
activities
consecutive hours without a break. Working time shall be
interrupted by breaks of at
if working
hours total between six and nine hours, and of at least 45
if working hours total more than nine hours. The
minutes,
breaks referred to in the first sentence may be divided up
into periods of at least 15 minutes.

in no circumstances carry out

referred to in Article 2(1)

least 30 minutes,

Article 5

Rest periods

1.
Those self-employed drivers and mobile workers subject
to Council Regulation (EEC) No 3820/85 shall have the rest
periods provided therein.

2. Member States shall
take the measures necessary to
ensure that self-employed drivers and mobile workers other
than those referred to in paragraph 1 have an uninterrupted
period of rest at the end of their daily work of at least 11
hours.

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INITIAL PROPOSAL

AMENDED PROPOSAL

the period of

The duration of

referred to in
3.
paragraph (2) may be reduced by up to one hour,
if each
such reduction is compensated either within the following
calendar month or within four weeks by the extension of
another rest period to at least 12 hours.

rest

take the measures necessary to
4. Member States shall
for self-employed drivers and mobile workers
ensure that
other than those referred to in paragraph 1, after no more
than 6 consecutive daily working periods, the period of rest
in paragraph (2) shall be extended by 24 consecutive hours to
form a period of weekly rest.

Article 6

Night workers

Member States shall take the measures necessary to ensure that:

1. the daily working time of a night worker may not exceed
eight hours. It may be extended to ten hours only if an
average of eight hours a day is not exceeded within two
months;
in which night workers are not
requested to perform night work, Article 3 shall apply;

for periods

2. compensation for night work shall be given in accordance
with the national legislative measures, collective agreements
and/or national practice, but
such compensation is
permitted only on condition that it is of such a kind as
not to endanger road safety; and

3. those mobile workers who are night workers shall have the
for

training and opportunities

same access
promotion as other workers.

to further

Article 7

Derogations

1.
Derogations from Articles 3, 5 and 6 may be adopted by
means of laws, regulations or administrative provisions or by
means of collective agreements or agreements between the two
sides of
the workers concerned are
afforded equivalent periods of compensatory rest.

industry, provided that

2.
The option to derogate from Article 3 may not result in
the establishment of a reference period exceeding six months,
for the average maximum weekly working time of 48 hours. In
addition, Member States may allow derogations from Article 3
provided that the maximum average weekly working time is
reduced as follows:

2.
The option to derogate from Article 3 may not result in
the establishment of a reference period exceeding six months,
for the average maximum weekly working time of 48 hours.

(cid:151) To 39 hours on average, over a reference period of up to 9

Deleted

months; and

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INITIAL PROPOSAL

AMENDED PROPOSAL

(cid:151) To 35 hours on average, over a reference period of up to

Deleted

12 months

3.
For regular passenger transport services over distances of
less than 50 kilometres, breaks may be split into periods of less
than 15 minutes duration.

Unchanged

Article 8

Information and records

1. Member States shall
ensure that
following action:

the employer of mobile workers

take the measures necessary to
the

takes

(a) the employer shall post or display in an appropriate place
in the undertaking’s premises, a copy of this Directive, of
the relevant national rules and statutory orders and of the
if
collective
applicable, made on the basis of this Directive; and

agreements,

agreements

company

and

(b) the employer shall record the working time of mobile
workers who do more than 48 hours of work per week
or, for night workers, more than 8 hours work per day.
These records shall be kept for at least two years.

(b) the employer shall record the working time of mobile
two
workers. These records shall be kept
years. If so requested, the employer shall provide workers
with a copy of the record of hours worked.

for at

least

2. Member States shall take measures necessary to ensure
that the self-employed driver shall maintain a record of his
working time when he does more than 48 hours of work
per week or,
if he is a night worker, more than 8 hours
work per day. These records shall be kept for at least two years.

Unchanged

Article 9

More favourable provisions

This Directive shall not affect Member States’ right to apply or
introduce laws, regulations or administrative provisions more
favourable to the protection of the health and safety of mobile
workers, or self-employed drivers, or to facilitate or permit the
application of collective agreements or agreements concluded
between the two sides of industry which are more favourable
to the protection of the health and safety of mobile workers.

Article 10

Penalties

Member States shall determine the range of penalties applicable
for infringements of national provisions made in implemen-
tation of this Directive and shall take all necessary steps to
ensure that they are enforced. The penalties must be effective,
commensurate with the infringement, and must constitute a
sufficient deterrent. Member States shall notify these provisions
to the Commission by the date mentioned in Article 12(1) at
the latest, and any subsequent amendment thereto in good
time.

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AMENDED PROPOSAL

INITIAL PROPOSAL

Article 11

Final Provisions

1. Member States shall adopt
the laws, regulations and
administrative provisions necessary to comply with this
Directive by (2 years after entry into force) or shall ensure
industry establish the
by that date that
necessary measures by agreement, with Member States being
obliged to take any necessary steps to enable them to guarantee
at all times that the provisions laid down by this Directive are
fulfilled.

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 legis-
lative, regulatory or contractual provisions in the field of
working
the minimum requirements
provided for in this Directive are complied with, implemen-
tation of this Directive shall not constitute valid grounds for
level of protection afforded to mobile
reducing the general
workers and self-employed drivers.

long as

time,

as

4. Member States shall report to the Commission every two
years on the implementation of this Directive indicating the
viewpoints of the two sides of industry. The information must
reach the Commission not later than 30 September following
the date on which the two-year period covered by the report
expires. The two-year period shall be the same as that referred
to in Article 16.2 of Council Regulation (EEC) No 3820/85.

5.
The Commission shall produce a report every two years
on the implementation of this Directive by Member States and
developments in the field in question. The Commission shall
forward this report to the Council, the European Parliament
and the Economic and Social Committee.

6. 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 12

This Directive is addressed to the Member States.