WRITTEN QUESTION P-2913/03 by Claude Moraes (PSE) to the Commission. Implementation of the Working Time Directive with regard to the offshore sector.
Date: 2003-09-29
Institutions: European Parliament, Provisional data
Subjects: application of EU law, arrangement of working time, labour law, offshore oil structure, organisation of work, weekly rest period

13.3.2004

EN

Official Journal of the European Union

C 65 E/245

regions where 22 % of the Union’s population live (Objective 1); 11,5 % supports economic and social
conversion in areas facing structural difficulties, inhabited by 18 % of the EU population (Objective 2), and
12,3 % of funding is used to modernise systems of training and promote unemployment (Objective 3).

Has the Commission considered separating into different programmes the policies corresponding to the
Structural Funds and Cohesion Fund and those relating to the Community initiatives?

Answer given by Mr Barnier on behalf of the Commission

(31 October 2003)

Interventions under the Community Initiatives are currently programmed entirely separately from the
programmes supported under Objectives 1 and 2 of the Structural Funds and from the projects supported
by the Cohesion Fund.

These arrangements will apply until the expiry of the financial perspective for the period 2000-2006.
For the next period, it is the role of the Commission to propose to the Parliament and to the Council a
new financial perspective and a new generation of policies for support from the Structural Funds and
Cohesion Fund. These proposals are planned for adoption by the Commission before the end of this year.
It is therefore too early at this stage to speculate on the arrangements for the implementation of new
policies.

(2004/C 65 E/261)

WRITTEN QUESTION P-2913/03

by Claude Moraes (PSE) to the Commission

(29 September 2003)

Subject: Implementation of the Working Time Directive with regard to the offshore sector

Some concern has been expressed about the possibility that Member States may decide not to legislate on
certain areas, such as minimum paid holiday entitlements, of Directive 2000/34/EC (1) amending Council
Directive 93/104/EC concerning certain aspects of the organisation of working time to cover sectors and
activities excluded from that Directive.

Non-legislation in these areas may be attributed to conditions which may not seem as prevalent in the
onshore sectors, such as the numerous and varied contract agreements that exist in the offshore sector.
However, without legislation in place to provide definitive guidance on particular provisions then the aim
of the Directive in ensuring a safe working environment could be undermined.

Is there any scope for the Commission to review the transposition process of Directive 2000/34/EC? If so,
when could this occur?

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

Answer given by Mrs Diamantopoulou on behalf of the Commission

(27 October 2003)

Directive 2000/34/EC (1) was adopted with a view to covering sectors and activities which had been
excluded from the scope of Directive 93/104/EC (2), for example offshore work. Member States were to
adopt laws, regulations and administrative provisions in order to comply with this Directive by no later
than 1 August 2003 (1 August 2004 for doctors in training).

C 65 E/246

Official Journal of the European Union

EN

13.3.2004

The Commission has just begun infringement proceedings against those Member States which failed to
communicate their transposal measures.

Directive 2000/34/EC includes offshore work among those activities for which Article 17, paragraph 2.1,
of Directive 93/104/EC allows Member States to derogate from Articles 3 (daily rest), 4 (breaks), 5 (weekly
rest), 8 (duration of night work) and 16 (reference periods), 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.

Directive 2000/34/EC also adds a new Article 17a which provides that, with regard to offshore work,
Member States may, for objective or technical reasons or reasons concerning the organisation of work,
extend the reference period for calculating maximum weekly working time (48 hours) to twelve months in
respect of workers who mainly perform offshore work.

To sum up, all Articles of Directive 93/104/EC on working time therefore apply to offshore work, with the
possible adjustments summarised above.

In principle, the report on the transposal of Directive 2000/34/EC will not be adopted until after May
2004, so that the future Member States are also covered.

(1) 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, OJ L 195, 1.8.2000.

(2) Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time,

OJ L 307, 13.12.1993.

(2004/C 65 E/262)

WRITTEN QUESTION E-2920/03

by Miquel Mayol i Raynal (Verts/ALE) to the Commission

Subject: Alternative and complimentary medicine

(2 October 2003)

For some time, we have been witnessing a proliferation of associations and professional practitioners in the
field of non-conventional medicine, calling for clarification and harmonisation of the regulatory framework
for their activities and services within the EU.

Given that ‘charlatans’, i.e. people passing themselves off as complimentary medical professionals, although
they lack proper training, are proliferating, what action does the Commission plan to guarantee the health
safety of those using these services?

Given the great disparity between national
legislations, does the Commission intend to harmonise
legislation at Community level? How does the Commission guarantee the single market in this sector, as
well as the right of freedom to provide services and freedom of establishment?

What is the budgetary allocation, at European level, for alternative medicine?

Which of the requests set out in European Parliament Resolution A4-0075/97 (1) has the Commission
actually implemented to date?

(1) OJ C 182, 16.6.1997, p. 67.

Answer given by Mr Byrne on behalf of the Commission

(17 November 2003)

The Honourable Member has raised a number of topics. The first question refers to qualification and
training requirements of those practising alternative and complementary medicine in the Union.