Proposal for a Directive of the European Parliament and of the Council concerning certain aspects of the organisation of working time (codified version)
Date: 2002-06-24
Institutions: European Commission
Subjects: arrangement of working time, codification of EU law, humanisation of work, labour force, labour law, occupational health, occupational safety, organisation of work, rest period, working time

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 24.6.2002
COM(2002) 336 final

2002/0131 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

concerning certain aspects of the organisation of working time

(codified version)

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more
accessible 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 that 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.  Considerable
research work, comparing many different instruments, is thus needed to identify the
current rules.

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

On  1  April  1987  the  Commission  therefore  decided  to  instruct  its  staff  that  all
legislative measures should be codified after no more than ten amendments, stressing
that  this  was  a  minimum  requirement  and  that  departments  should  endeavour  to
consolidate  at  even  shorter  intervals  the  texts  for  which  they  were  responsible,  to
ensure that the Community rules were clear and readily understandable.

the  Presidency  of 

The  Conclusions  of 
the  Edinburgh  European  Council
(December 1992)  confirmed  this,  stressing  the  importance  of  legislative  (official)
codification 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  normal  Community  legislative
procedure.

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by
official codification, 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.

The  purpose  of  this  proposal1  for  official  codification  of  Council  Directive
93/104/EC of 23 November 1993, concerning certain aspects of the organisation of
working time, is to undertake official codification of this type. The new directive will
supersede the various directives incorporated in  it2; their content is fully  preserved,
and they are brought together with only such formal amendments as are required by
the codification exercise itself.

2. 

3. 

4. 

1

2

Entered in the legislative programme for 2002.
See Annex I, Part A of this proposal.

2

                                                
5. 

The codification proposal was drawn up on the basis of a preliminary consolidation,
in  all  official  languages,  of  Directive  93/104/EC,  and  the  instrument  amending  it,
carried out by the Office of Official Publications of the European Communities, by
means  of  its  data-processing  system.  Although  the  Articles  have  been  given  new
numbers, the correlation between  the  old and the new  numbers  is  shown  in  a  table
contained in Annex II to the codified Directive.

3

2002/0131 (COD)

(cid:1) 93/104/EC

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

concerning certain aspects of the organisation of working time

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN 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,

Having regard to the opinion of the Economic and Social Committee3,

Having regard to the opinion of the Committee of the Regions4,

Acting in accordance with the procedure referred to in Article 251 of the Treaty5,

Whereas:

(cid:1)
(cid:2)1 2000/34/EC Recital (2)

(1) 

Council Directive 93/104/EC of 23 November 1993, concerning certain aspects of the
organisation  of  working  time6,  (cid:2)1 which  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, (cid:3)  has  been  substantially  amended7.  In  the
interests of clarity and rationality that Directive should therefore be codified.

3

4

5

6

7

OJ C […], […], p. […].
OJ C […], […], p. […].
OJ C […], […], p.[…].
OJ L 307, 13.12.1993, p. 18. Directive amended by Directive 2000/34/EC of the European Parliament
and of the Council (OJ L 195, 1.8.2000, p. 41).
See Annex I, Part A.

4

                                                
(cid:1) 2000/34/EC Recital (1)

(2) 

Article 137 of the Treaty provides that the Community is to support and complement
the activities of 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 avoid imposing administrative, financial and legal constraints in a way which would
hold back the creation and development of small and medium-sized undertakings.

(3) 

The provisions of Council Directive 89/391/EEC of 12 June 1989 on the introduction
of measures to encourage improvements in the safety and health of workers at work8
remain  fully  applicable  to  the  areas  covered  by  this  Directive  without  prejudice  to
more stringent and/or specific provisions contained  herein.

(cid:1) 93/104/EC Recital (3) (adapted)

(4) 

The improvement of workers' safety, hygiene and health at work is an objective which
should not be subordinated to purely economic considerations.

(cid:1) 93/104/EC Recital (5)

(cid:1) 93/104/EC Recital (8) (adapted)
(cid:2)1 2000/34/EC Recital (11)

(5)  (cid:2)1 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. (cid:3) Community
workers  must  be  granted  minimum  daily,  weekly  and  annual  periods  of  rest  and
adequate  breaks.  I  It  is  also  necessary  in  this  context  to  place  a  maximum  limit  on
weekly working hours.

(6) 

Account  should  be  taken  of  the  principles  of  the  International  Labour  Organization
with regard to the organisation of working time, including those relating to night work.

(cid:1) 93/104/EC Recital (9)

(7) 

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

(cid:1) 93/104/EC Recital (11)

8

OJ L 183, 29. 6. 1989, p. 1.

5

                                                
(8) 

There is a need to limit the duration of periods of night work, including overtime, and
to provide for employers who regularly use night workers to bring this information to
the attention of the competent authorities if they so request.

(cid:1) 93/104/EC Recital (12)

(9) 

It is important that night workers should be entitled to a free health assessment prior to
their  assignment  and  thereafter  at  regular  intervals  and  that  whenever  possible  they
should be transferred to day work for which they are suited if they suffer from health
problems.

(cid:1) 93/104/EC Recital (13)

(10)  The  situation  of  night  and  shift  workers  requires  that  the  level  of  safety  and  health
protection should be adapted to the nature of their work and that the organisation and
functioning of protection and prevention services and resources should be efficient.

(cid:1) 93/104/EC Recital (14)

(11)  Specific working conditions may have detrimental effects on the safety and health of
workers.The organisation of work according to a certain pattern must take account of
the general principle of adapting work to the worker.

(cid:1) 93/104/EC Recital (15)

(cid:1) 2000/34/EC 
(adapted)

Recital 

(12)

(12)  A European Agreement in respect of the working time of seafarers has been put into
effect by means of the Council Directive 1999/63/EC of 21 June 1999 concerning the
Agreement  on  the  organization  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) 9based on  Article 139(2) of
the Treaty. Accordingly, the provisions of this Directive should not apply to seafarers.

9

OJ L 167, 2.7.1999, p. 33.

6

                                                
(13) 

In the case of those “share-fishermen” who are employees, Member States should be
given the option to determine, pursuant to this Directive, the conditions for entitlement
to, and granting of, annual leave, including the arrangements for payments.

(cid:1) 2000/34/EC 
(adapted)

Recital 

(13)

(14)  Specific standards laid down in other Community instruments 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 this Directive.

(cid:1) 2000/34/EC Recital (14)

(15) 

In view of the question likely to be raised by the organisation of working time within
an  undertaking,  it  appears  desirable  to  provide  for  flexibility  in  the  application  of
certain provisions of this Directive, whilst ensuring compliance with the principles of
protecting the safety and health of workers.

(cid:1) 93/104/EC Recital (17)

(16) 

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

(cid:1) 93/104/EC Recital (18)

(17)  This Directive should not affect the obligations of the Member States concerning the

deadlines for transposition of the Directives set out in Annex I, part B,

(cid:1)

7

HAVE ADOPTED THIS DIRECTIVE:

(cid:1) 93/104/EC

CHAPTER I

SCOPE AND DEFINITIONS

Article 1

Purpose and scope

1.

2.

3.

4.

This  Directive  lays  down  minimum  safety  and  health  requirements  for  the
organisation of working time.

This Directive applies to:

(a) minimum  periods  of  daily  rest,  weekly  rest  and  annual  leave,  to  breaks  and

maximum weekly working time; and

(b)

certain aspects of night work, shift work and patterns of work.

(cid:1) 2000/34/EC Art. 1, pt.1

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,
17 and 18 of this Directive.

This  Directive  shall  not  apply  to  seafarers,  as  defined  in  Directive  1999/63/EC
without prejudice to Article 2(8) of this Directive.

The provisions of Directive 89/391/EEC are fully applicable to the matters referred
to  in  paragraph  2,  without  prejudice  to  more  stringent  and/or  specific  provisions
contained in this Directive.

(cid:1) 93/104/EC

Article 2

Definitions

For the purposes of this Directive, the following definitions shall apply:

8

(1)

(2)

(3)

working  time  shall  mean  any  period  during  which  the  worker  is  working,  at  the
employer's  disposal  and  carrying  out  his  activity  or  duties,  in  accordance  with
national laws and/or practice;

rest period shall mean any period which is not working time;

night time shall mean any period of not less than seven hours, as defined by national
law, and which must include in any case the period between midnight and 5 a.m.;

(4).

night worker shall mean:

(a)

(b)

on the one hand, any worker, who, during night time, works at least three hours
of his daily working time as a normal course; and

on the other hand, any worker who is likely during night time to work a certain
proportion of his annual working time, as defined at the choice of the Member
State concerned:

(i)

(ii)

by  national  legislation,  following  consultation  with  the  two  sides  of
industry; or

by collective agreements or agreements concluded between the two sides
of industry at national or regional level;

(5)

shift  work  shall  mean  any  method  of  organizing  work  in  shifts  whereby  workers
succeed each other at the same work stations according to a certain pattern, including
a rotating pattern, and which may be continuous or discontinuous, entailing the need
for workers to work at different times over a given period of days or weeks;

(6)

shift worker shall mean any worker whose work schedule is part of shift work;

(cid:1) 2000/34/EC Art. 1, pt. 2

(7)

(8)

(9)

mobile worker shall mean any worker employed as a member of travelling or flying
personnel  by  an  undertaking  which  operates  transport  services  for  passengers  or
goods by road, air or inland waterway;

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

adequate  rest  shall  mean  that  workers  have  regular  rest  periods,  the  duration  of
which is expressed in units of time and which are sufficiently long and continuous to
ensure  that,  as  a  result  of  fatigue  or  other  irregular  working  patterns,  they  do  not
cause  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.

9

(cid:1) 93/104/EC

CHAPTER II

MINIMUM REST PERIODS — OTHER ASPECTS OF THE
ORGANISATION OF WORKING TIME

Article 3

Daily rest

Member States shall take the measures necessary to ensure that every worker is entitled to a
minimum daily rest period of 11 consecutive hours per 24-hour period.

Article 4

Breaks

Member  States  shall  take  the  measures  necessary  to  ensure  that,  where  the  working  day  is
longer than six hours, every worker is entitled to a rest break, the details of which, including
duration and the terms on which it is granted, shall be laid down in collective agreements or
agreements between the two sides of industry or, failing that, by national legislation.

Article 5

Weekly rest period

Member States shall  take  the  measures  necessary  to  ensure that,  per each  seven-day  period,
every worker is entitled to a minimum uninterrupted rest period of 24 hours plus the 11 hours'
daily rest referred to in Article 3.

If  objective,  technical  or  work  organisation  conditions  so  justify,  a  minimum  rest  period  of
24 hours may be applied.

Article 6

Maximum weekly working time

Member States shall take the measures necessary to ensure that, in keeping with the need to
protect the safety and health of workers:

(a)

the  period  of  weekly  working  time  is  limited  by  means  of  laws,  regulations  or
administrative provisions or by collective agreements or agreements between the two
sides of industry;

10

(b)

the  average  working  time  for  each  seven-day  period,  including  overtime,  does  not
exceed 48 hours.

Article 7

Annual leave

1.

2.

Member  States  shall  take  the  measures  necessary  to  ensure  that  every  worker  is
entitled to paid annual leave of at least four weeks in accordance with the conditions
for  entitlement  to,  and  granting  of,  such  leave  laid  down  by  national  legislation
and/or practice.

The minimum period of paid annual leave may not  be replaced by an  allowance in
lieu, except where the employment relationship is terminated.

CHAPTER III

NIGHT WORK — SHIFT WORK — PATTERNS OF WORK

Article 8

Length of night work

Member States shall take the measures necessary to ensure that:

(a)

(b)

normal hours of work for night workers do not exceed an average of eight hours in
any 24-hour period;

night  workers  whose  work  involves  special  hazards  or  heavy  physical  or  mental
strain do not work more than eight hours in any period of 24 hours during which they
perform night work.

For  the  purposes  of  point  (b),  work  involving  special  hazards  or  heavy  physical  or  mental
strain shall be defined by national legislation and/or practice or  by  collective agreements or
agreements concluded between the two sides of industry, taking account of the specific effects
and hazards of night work.

(cid:1) 93/104/EC (adapted)

11

(cid:1) 93/104/EC

Article 9

Health assessment and transfer of night workers to day work

1.

Member States shall take the measures necessary to ensure that:

(a)

(b)

night workers are entitled  to  a  free  health  assessment  before  their  assignment
and thereafter at regular intervals;

night  workers  suffering  from  health  problems  recognized  as  being  connected
with the fact that they perform night work are transferred whenever possible to
day work to which they are suited.

The free health assessment referred to in paragraph 1(a) must comply with medical
confidentiality.

The free health assessment referred to in paragraph 1(a) may be conducted within the
national health system.

2.

3.

Article 10

Guarantees for night-time working

Member States may make the work of certain categories of  night workers  subject  to  certain
guarantees, under conditions laid down by national legislation and/or practice, in the case of
workers who incur risks to their safety or health linked to night-time working.

Article 11

Notification of regular use of night workers

Member  States  shall  take  the  measures  necessary  to  ensure  that  an  employer  who  regularly
uses night workers brings this information to the attention of the competent authorities if they
so request.

Article 12

Safety and health protection

Member States shall take the measures necessary to ensure that:

(a)

(b)

night workers and shift workers have safety and health protection appropriate to the
nature of their work;

appropriate protection and prevention services or  facilities with regard to the safety
and health of  night  workers  and  shift  workers  are  equivalent  to  those  applicable  to
other workers and are available at all times.

12

Article 13

Pattern of work

Member States shall take the measures necessary to ensure that an employer who intends to
organize work according to a certain pattern takes account of the general principle of adapting
work to the worker, with a view, in particular, to alleviating monotonous work and work at a
predetermined  work-rate,  depending  on  the  type  of  activity,  and  of  safety  and  health
requirements, especially as regards breaks during working time.

CHAPTER IV

MISCELLANEOUS PROVISIONS

(cid:1) 2000/34/EC Art. 1, pt. 4

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.

(cid:1) 93/104/EC

Article 15

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  safety  and  health  of
workers  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 safety and health of workers.

Article 16

Reference periods

Member States may lay down:

(a)

for the application of Article 5 (weekly rest period), a reference period not exceeding
14 days;

13

(b)

for the application of Article 6 (maximum weekly working time), a reference period
not exceeding four months.

The  periods  of  paid  annual  leave,  granted  in  accordance  with  Article  7,  and  the
periods of sick leave shall not be included or shall be neutral in the calculation of the
average;

(c)

for  the  application  of  Article  8  (length  of  night  work),  a  reference  period  defined
after  consultation  of  the  two  sides  of  industry  or  by  collective  agreements  or
agreements concluded between the two sides of industry at national or regional level.

If the minimum weekly rest period of 24 hours required by Article 5 falls within that
reference period, it shall not be included in the calculation of the average.

Article 17

Derogations

1.

2.

(cid:1) 93/104/EC (adapted)

With due regard for the general principles of the protection of the safety and health
of  workers,  Member  States  may  derogate  from  Articles  3  to  6,  8  and  16  when,  on
account of the  specific  characteristics of  the activity concerned,  the  duration  of  the
working  time  is  not  measured  and/or  predetermined  or  can  be  determined  by  the
workers themselves, and particularly in the case of:

(a) managing  executives  or  other  persons  with  autonomous  decision-taking

(cid:1) 93/104/EC

powers;

(b)

family workers; or

(c) workers  officiating  at  religious  ceremonies 

in  churches  and  religious

communities.

(cid:1) 93/104/EC (adapted)

Derogations provided for in paragraphs 3, 4 and 5 may be adopted by means of laws,
regulations  or  administrative  provisions  or  by  means  of  collective  agreements  or
agreements between the two  sides  of  industry  provided  that  the  workers  concerned
are afforded equivalent periods of compensatory rest or that, in exceptional cases in
which  it  is  not  possible,  for  objective  reasons,  to  grant  such  equivalent  periods  of
compensatory rest, the workers concerned are afforded appropriate protection.

14

3.

In  accordance  with  paragraph  2  of  this  Article  derogations  from  Articles  3,  4,  5,  8
and 16 shall be permitted:

(cid:1) 2000/34/EC  Art.  1,  pt.  5
(adapted)

(a)

(b)

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

in  the  case  of  security  and  surveillance  activities  requiring  a  permanent
presence in order to protect property and persons, particularly security guards
and caretakers or security firms;

(c)

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

(i)

services  relating  to  the  reception,  treatment  and/or  care  provided  by
hospitals or similar establishments, including the activities of doctors in
training, residential institutions and prisons;

(ii)

dock or airport workers;

(iii) press, 

radio, 

television,  cinematographic  production,  postal  and
telecommunications  services,  ambulance,  fire  and  civil  protection
services;

(iv) gas,  water  and  electricity  production,  transmission  and  distribution,

household refuse collection and incineration plants;

(v)

industries in which work cannot be interrupted on technical grounds;

(vi)

research and development activities;

(vii) agriculture;

(viii) workers  concerned  with  the  carriage  of  passengers  on  regular  urban

transport services;

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

(i)

agriculture;

(ii)

tourism;

(iii) postal services;

(e)

in the case of persons working in railway transport:

(i) whose activities are intermittent;

(ii) who spend their working time on board trains; or

15

(iii) whose  activities  are  linked  to  transport  timetables  and  to  ensuring  the

continuity and regularity of traffic;

(f)

in the circumstances described in Article 5(4) of Directive 89/391/EEC;

(g)

in cases of accident or imminent risk of accident.

(cid:1) 93/104/EC

4.

In  accordance  with  paragraph  2  of  this  Article  derogations  from  Articles  3  and  5
shall be permitted:

(cid:1) 93/104/EC, (adapted)

(a)

in  the  case  of  shift  work  activities,  each  time  the  worker  changes  shift  and
cannot take daily and/or weekly rest periods between the end of one shift and
the start of the next one;

(b)

in  the  case  of  activities  involving  periods  of  work  split  up  over  the  day,
particularly those of cleaning staff.

(cid:1) 2000/34/EC  Art.  1,  pt.  6
(adapted)

5.

In  accordance  with  paragraph  2  of  this  Article,  derogations  from  Article  6  and
point (b)  of  Article  16  shall  be  permitted,  in  the  case  of  doctors  in  training,  in
accordance with the provisions set out in the second to the sixth subparagraphs of this
paragraph.

With  respect  to  Article  6  derogations  referred  to  in  the  first  subparagraph  shall  be
permitted for a transitional period of five years from 1 August 2004.

in  meeting 

the  working 

time  provisions  with  respect 

Member  States  may  have  up  to  two  more  years,  if  necessary,  to  take  account  of
their
difficulties 
responsibilities for the organisation and delivery of health services and medical care.
At  least  six  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  information.  If  the  Member  State  does  not  follow  the  opinion  of  the
Commission,  it  will  justify  its  decision.  The  notification  and  justification  of  the
Member  State  and  the  opinion  of  the  Commission  shall  be  published  in  the  Official
Journal of the European Communities and forwarded to the European Parliament.

to 

Member States may have an additional period of up to one year, if necessary, to take
account of special difficulties in meeting the responsibilities referred to in  the  third
subparagraph. They shall follow the procedure set out in that subparagraph.

16

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.

The employer shall consult the representatives 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  out  in  the  fifth  subparagraph,  such  an
agreement may cover:

(a)

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

(b)

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

With  respect  to  point  (b)  of  Article  16  derogations  referred  to  in  the  first
subparagraph shall be permitted provided that the reference period does not  exceed
12  months,  during  the  first  part  of  the  transitional  period  specified  in  the  fifth
subparagraph , and six months thereafter.

(cid:1) 93/104/EC,  Art.  17  (3)  and  (4)
(adapted)

Article 18

Derogations by collective agreements

1.

Derogations  may  be  made  from  Articles  3,  4,  5,  8  and  16  by  means  of  collective
agreements or agreements concluded between the two sides of industry at national or
regional  level  or,  in  conformity  with  the  rules  laid  down  by  them,  by  means  of
collective agreements or agreements concluded between the two sides of industry at
a lower level.

Member  States  in  which  there  is  no  statutory  system  ensuring  the  conclusion  of
collective agreements or agreements concluded between the two sides of industry at
national or regional level, on the matters covered by this Directive, or those Member
States in which there is a specific legislative framework for this purpose and within
the limits thereof, may, in accordance with national legislation and/or practice, allow
derogations  from  Articles  3,  4,  5,  8  and  16  by  way  of  collective  agreements  or
agreements concluded between the two sides of industry at the appropriate collective
level.

The derogations provided for in the first and second subparagraphs shall be allowed
on  condition  that  equivalent  compensating  rest  periods  are  granted  to  the  workers
concerned  or,  in  exceptional  cases  where  it  is  not  possible  for  objective  reasons  to
grant such periods, the workers concerned are afforded appropriate protection.

Member States may lay down rules:

(a)

for the application of this paragraph by the two sides of industry; and

17

(b)

for  the  extension  of  the  provisions  of  collective  agreements  or  agreements
concluded  in  conformity  with  this  paragraph  to  other  workers  in  accordance
with national legislation and/or practice.

2.

The option to derogate from point (b) of Article 16, provided for in paragraph 3 of
Article 17  and in paragraph 1  of this Article, may not result in the establishment of
a reference period exceeding six months.

However,  Member  States  shall  have  the  option,  subject  to  compliance  with  the
general  principles  relating  to  the  protection  of  the  safety  and  health  of  workers,  of
allowing, for objective or technical reasons or reasons concerning the organisation of
work,  collective  agreements  or  agreements  concluded  between  the  two  sides  of
industry to set reference periods in no event exceeding 12 months.

Before 23 November 2003, the Council shall, on the basis of a Commission proposal
accompanied by an appraisal report, re-examine the provisions of this paragraph and
decide what action to take.

(cid:1) 2000/34/EC Art. 1, pt. 7

Article 19

Mobile workers and offshore work

1.

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

2.

3.

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 points (f) and (g) of paragraph 3 of Article 17.

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

(cid:1) 2000/34/EC  Art.  1,  pt.  7
(adapted)

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  offshore  workers  from  a  health  and  safety
perspective with a view to presenting, if need be, the appropriate modifications.

18

(cid:1) 2000/34/EC Art. 1, pt. 7

Article 20

Workers on board sea-going fishing vessels

1.

2.

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

Member  States  shall,  however,  take  the  necessary  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.

Within  the  limits  set  out  in  paragraphs  1,  second  subparagraph,  3  and  4
Member States shall take the necessary measures to ensure that, in keeping with the
need to protect the safety and health of such workers,

(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,  regulations,  administrative  provisions  or  by  collective
agreements or agreements between the two sides of the industry.

3.

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.

4.

5.

Hours of rest may be divided into no more than 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.

In accordance with the general principles of the protection of the health and safety of
workers,  and  for  objective  or  technical  reasons  or  reasons  concerning  the
organization  of  work,  Member  States  may  allow  exceptions,  including  the
establishment  of  reference  periods,  to  the  limits  laid  down  in  paragraphs  1,  second

19

6.

7.

1.

subparagraph,  3  and  4  .  Such  exceptions  shall,  as  far  as  possible,  comply  with  the
standards laid down but may take account of more frequent or longer leave periods
or the granting of compensatory leave for the workers. These exceptions may be laid
down by means of:

(i)

laws,  regulations  or  administrative  provisions  provided  there  is  consultation,
where possible, of the representatives 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  the  right  to  require  workers  on
board to perform any hours of work necessary for the immediate safety of the vessel,
persons on board or cargo, or for the purpose of giving assistance to other vessels or
persons in distress at sea.

(cid:1) 2000/34/EC  Art.  1,  pt.  7
(adapted)

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  in  a  specific  period  of  the  calendar  year  exceeding  one  month,  shall  take
annual leave in accordance with Article 7 within that period.

(cid:1) 93/104/EC Art. 18 (adapted)

Article 21

Miscellaneous provisions

A  Member  State  shall  have  the  option  not  to  apply  Article  6,  while  respecting  the
general principles of the protection of the safety and health of workers, and provided
it takes the necessary measures to ensure that:

(a)

no employer requires a worker to work more than 48 hours over  a seven-day
period, calculated as an average for the reference period referred to in point (b)
of  Article  16,  unless  he  has  first  obtained  the  worker's  agreement  to  perform
such work;

(b)

no  worker  is  subjected  to  any  detriment  by  his  employer  because  he  is  not
willing to give his agreement to perform such work;

(c)

the employer keeps up-to-date records of all workers who carry out such work;

(d)

the records are placed at the disposal of the competent authorities, which may,
for  reasons  connected  with  the  safety  and/or  health  of  workers,  prohibit  or
restrict the possibility of exceeding the maximum weekly working hours;

20

(e)

the  employer  provides  the  competent  authorities  at  their  request  with
information on cases in which agreement has been given by workers to perform
work exceeding 48 hours over a period of seven days, calculated as an average
for the reference period referred to in point (b) of Article 16.

Before 23 November 2003, the Council shall, on the basis of a Commission proposal
accompanied by an appraisal report, re-examine the provisions of this paragraph and
decide on what action to take.

2.

Member  States  shall  have  the  option,  as  regards  the  application  of  Article  7,  of
making  use  of  a  transitional  period  of  not  more 
three  years  from
than 
23 November 1996, provided that during that transitional period:

(a)

every  worker  receives  three  weeks'  paid  annual  leave  in  accordance  with  the
conditions  for  the  entitlement  to,  and  granting  of,  such  leave  laid  down  by
national legislation and/or practice; and

(b)

the  three-week  period  of  paid  annual  leave  may  not  be  replaced  by  an
allowance in lieu, except where the employment relationship is terminated.

If Member States avail themselves of the options provided for in this Article,

3.
they shall forthwith inform the Commission thereof.

Article 22

Level of Protection

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
working  time,  as  long  as  the  minimum  requirements  provided  for  in  this  Directive  are
complied  with,  implementation  of  this  Directive  shall  not  constitute  valid  grounds  for
reducing the general level of protection afforded to workers.

Article 23

Final Provisions

1.

2.

3.

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.

Member  States  shall  report  to  the  Commission  every  five  years  on  the  practical
implementation of the provisions  of this Directive, indicating the viewpoints of the
two sides of industry.

The Commission shall  inform  the European Parliament, the  Council, the Economic
and Social Committee and the Advisory Committee on Safety, Hygiene  and Health
Protection at Work thereof.

Every  five  years  the  Commission  shall  submit  to  the  European  Parliament,  the
Council and the Economic and Social Committee a report on the application of this

21

Directive  taking  into  account  Articles  21  and  22  and  paragraphs  1  and  2  of  this
Article.

(cid:1) 2000/34/EC Art. 3 (adapted)

Article 24

Review of the operation of the provisions with regard to workers on board sea-going
fishing vessels

Not later than 1 August 2009 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  on  board  sea-going  fishing  vessels,  and,  in  particular  examine  whether  these
provisions remain appropriate, in particular, as far as health and safety are concerned with a
view to proposing suitable amendments, if necessary.

(cid:1) 2000/34/EC Art. 4 (adapted)

Article 25

Review of the operation of the provisions with regard to workers concerned with the
carriage of passengers

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.

(cid:1)

Article 26

Repeal

1.

2.

Directive 93/104/EC, as amended by the directive referred to in Annex I, Part A, is
repealed, without prejudice to the obligations of the Member States in respect of the
deadlines for transposition laid down in Annex I, Part B.

The reference made to the said repealed directive shall be construed as references to
this Directive and   shall  be  read  in  accordance  with  the  correlation  table  set  out  in
Annex II.

22

Article 27

Entry into force

This Directive shall enter into force on 2 August 2004.

(cid:1) 93/104/EC Art.19 (adapted)

Article 28

Addressees

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament
The President

For the Council
The President

23

Commission statement regarding implementation of Article 17(5)

(cid:1) 2000/34/EC

The Commission states that it intends, before giving its opinion, to consult management and
labour  at  the  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.

24

(cid:4)

ANNEX I

Part A
Repealed Directive and its amendment
(Article 26)

Council Directive 93/104/EC

(OJ L 307, 13.12.1993, p. 18)

Directive  2000/34/EC  of  the  European
Parliament and of the Council

(OJ L 195, 1.8.2000, p. 41)

Part B
Deadlines for transposition into national law
(Article 26 )

Directive

Deadline for transposition

93/104/EC

2000/34/EC

23 November 1996

1 August 200310

_____________

10

1 August 2004 in the case of doctors in training. See Article 2 of Directive 2000/34/EC.

25

                                                
ANNEX II

CORRELATION TABLE

Directive 93/104/EC

This Directive

Articles 1 – 5

Articles 1 – 5

Article 6 introductory words

Article 6 introductory words

Article 6 point 1

Article 6 point 2

Article 7

Article 6 point (a)

Article 6 point (b)

Article 7

Article 8 introductory words

Article 8 introductory words

Article 8 point 1

Article 8 point 2

Article 9, 10 and 11

Article 8 point (a)

Article 8 point (b)

Article 9, 10 and 11

Article 12 introductory words

Article 12 introductory words

Article 12 point 1

Article 12 point 2

Article 12 point (a)

Article 12 point (b)

Articles 13, 14 and 15

Articles 13, 14 and 15

Article 16 introductory words

Article 16 introductory words

Article 16 point 1

Article 16 point 2

Article 16 point 3

Article 17(1)

Article 17(2) introductory words

Article 17(2) point 2.1.

Article 17(2) point 2.2.

Article 17(2) point 2.3.

Article 17(2) point 2.4.

Article 17(3)

Article 16 point (a)

Article 16 point (b)

Article 16 point (c)

Article 17(1)

Article 17(2)

Article 17(3 )points (a) to (e)

Article 17(3 ) points (f) to (g)

Article 17(4 ) .

Article 17(5 ).

Article 18(1)

26

Article 17(4)

Article 17 a (1)

Article 17 a(2)

Article 17 a (3)

Article 17a(4)

Article 17 b(1)

Article 17 b(2)

Article 17 b (3)

Article 17 b (4)

Article 17 b (5)

Article 17 b (6)

Article 17 b (7)

Article 17 b (8)

Article 18(1) point (a)

Article 18(1) point (b)(i)

Article 18(1) point (b)(ii)

Article 18(1) point (c)

Article 18(2)

Article 18(3)

Article 18(4),

Article 18(5)

Article 18(6)

––––––––

––––––––

––––––––

Article 18(2)

Article 19(1) first subparagraph

Article 19(1) second subparagraph

Article 19(2)

Article 19(3)

Article 20(1) first subparagraph

Article 20(1) second subparagraph

Article 20(2)

Article 20(3)

Article 20(4)

Article 20(5)

Article 20(6)

Article 20(7)

––––––––

Article 21(1)

Article 21(2)

Article 21 (3)

––––––––

Article 22

Article 23 (1)

Article 23 (2)

Article 23 (3)

Article 2411

Article 2512

Article 26

11

12

Directive 2000/34/EC, Article 3.
Directive 2000/34/EC, Article 4.

27

                                                
––––––––

Article 19

––––––––

––––––––

Article 27

Article 28

Annex I

Annex II

_____________

28