WRITTEN QUESTION E-2091/01 by Paul Rübig (PPE-DE) to the Commission. Ban on night working for young people - 4 a.m. start for bakers' apprentices.
Date: 2001-07-13
Institutions: European Parliament, Provisional data
Subjects: apprenticeship, bakery, labour law, night work, youth employment

20.12.2001

EN

Official Journal of the European Communities

C 364 E/243

That was the intention behind expanding the scope for using set-aside land under the support system for
producers of certain arable crops established by Regulation (EC) No 1251/1999.

The measure was restricted to agricultural holdings whose entire production complies with Council
Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and
indications referring thereto on agricultural products and foodstuffs (2),
in order to prevent any abuse
which could jeopardise this production method.

A more general measure on set-aside land would undermine the purpose of the set-aside scheme, which
must remain an instrument for controlling production.

The Commission therefore sees no need to take further measures at present.

(1) OJ L 145, 31.5.2001.
(2) OJ L 198, 22.7.1991.

(2001/C 364 E/268)

WRITTEN QUESTION E-2091/01

by Paul R(cid:252)big (PPE-DE) to the Commission

(13 July 2001)

Subject: Ban on night working for young people (cid:129) 4 a.m. start for bakers(cid:146) apprentices

Council Directive 94/33/EC (1) of 22 June 1994 on the protection of young people at work lays down
restrictions on night work for young people. Article 9 stipulates a rest period for young people between
10 p.m. and 6 a.m. or between 11 p.m. and 7 a.m. According to Article 9(2)(a) Member States may
authorise young people to work during these periods in specific areas of activity, but working between
midnight and 4 a.m. is prohibited under all circumstances according to subparagraph (b).

This provisions creates problems for bakeries in particular. Because of changing customer requirements it
has become necessary to extend bread production later and later into the night. Bread and pastries have to
be available in bakers(cid:146) shops by 6 o(cid:146)clock in the morning. However, according to the legislation quoted
above bakers(cid:146) apprentices may not work before 4 a.m., which means that they are unable to learn how to
make dough, which is an essential part of professional training for bakers. An amendment to the Directive
on the protection of young people at work could remedy the problem.

It is precisely small and medium-sized bakeries, who have always been responsible for most of the training
of apprentices, who would be increasingly willing to train apprentices.

Is the Commission aware that Article 9(2)(b) of Directive 94/33/EC is hindering the training and
employment of bakers(cid:146) apprentices?

Can the Commission consider proposing an amendment to Article 9(2)(b) of Council Directive 94/33/EC
on the protection of young people at work to ensure that the compulsory rest period of 4 hours is
movable, depending on the year of training for bakers(cid:146) apprentices, to make it possible to lay down a rest
period from 11 p.m. to 3 a.m. for second-year apprentices and from 10 p.m. to 2 a.m. for third-year
apprentices?

(1) OJ L 216, 20.8.1994, p. 12.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(5 September 2001)

The Commission would like to draw the Honourable Member(cid:146)s attention to Article 1 of Council Directive
94/33/EC of 22 June 1994 on the protection of young people at work (1), which states that Member States
shall take the necessary measures to ensure that work by adolescents is strictly regulated and protected
under the conditions laid down in the Directive and, furthermore, that Member States shall ensure in
general that employers guarantee that young people have working conditions which suit their age.

C 364 E/244

Official Journal of the European Communities

EN

20.12.2001

As regards night work performed by adolescents, the Directive stipulates that Member States shall adopt
measures necessary to prohibit work either between 10 p.m. and 6 a.m. or between 11 p.m. and 7 a.m.
Member States may, by legislative or regulatory provision, authorise work by adolescents in specific areas
of activity during the period in which night work is prohibited but also in such cases, work between
midnight and 4 a.m. must be prohibited. The possibility, set out in the Directive, to depart from this
general prohibition in certain sectors, does not cover the bakeries sector.

The Commission feels that this provision allows Member States to find a balance between the vocational
training requirements of adolescents and the need to protect young people against work liable to be
detrimental to their safety, health or physical development. At the moment the Commission is not
planning to propose any amendments to the Directive.

(1) OJ L 216, 20.8.1994.

(2001/C 364 E/269)

WRITTEN QUESTION E-2097/01

by Pat Gallagher (UEN) to the Commission

(13 July 2001)

Subject: ESF support for training in Connaught, Ulster

Will the Commission provide details of the level of EU support through the European Social Fund to
Connaught, Ulster from the period June 1994 to date?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(5 September 2001)

The Commission manages the European Social Fund (ESF) at a programme rather than project level and
does not hold records of ESF spending on a sub-regional level.

However, the Managing Authority for the ESF in Ireland, the Department of Enterprise, Trade and
Employment has provided the following details of ESF spending from January 1994 until December 1999
under the Human Resources Development Operational Programme (HRD OP) and for 2000 under the
Ireland Objective 1 and Objective 1 in Transition Employment and Human Resources Development
Operational Programme (EMPHRD OP).

Records of drawdowns from the European Structural Funds under the 1994-1999 round were not broken
down by province and specific figures for the Connaught and Ulster areas are therefore not available.

From an examination of regional forecasts and available data on expenditure it can, however, be estimated
that the total drawdown for the Border and Western regions, under the HRD OP, was approximately:

(cid:129) IEP 108 070 000 for the Western region, and

(cid:129) IEP 162 250 000 for the Border region.

During the 1994-1999 programming period, in addition to the HRD OP, a total amount of € 395 755 471
in ESF assistance was allocated to Ireland through five sectoral programmes, the Tourism OP, the OP for
Industrial Development, the Fisheries OP, the Local Urban and Rural Development OP and the OP for
Agriculture, Rural Development and Forestry.

For the 2000-2006 funding period Ireland has regionalised into 2 NUTS II regions, the Border, Midland
and Western region (BMW) and the Southern and Eastern region (SAE). All funding allocations for the new
round were made on a regional basis.