Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time
Date: 2003-11-04
Institutions: Council of the European Union, European Parliament
Subjects: EC Directive, arrangement of working time, derogation from EU law, night work, paid leave, shift work

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DIRECTIVE 2003/88/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 4 November 2003

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 Com-
munity, and in particular Article 137(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Having consulted the Committee of the Regions,

Acting in accordance with the procedure referred to in Article
251 of the Treaty (2),

Whereas:

(1)

(2)

(3)

(4)

Council Directive 93/104/EC of 23 November 1993,
the organisation of
concerning certain aspects of
working time (3), 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,
has been significantly amended.
to clarify
matters, a codification of
the provisions in question
should be drawn up.

In order

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
to protect workers' health and safety.
environment
Directives adopted on the basis of that Article are to
avoid imposing administrative,
and legal
constraints in a way which would hold back the creation
and development of small and medium-sized undertak-
ings.

financial

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
work (4) remain fully applicable to the areas covered by
this Directive without prejudice to more stringent and/or
specific provisions contained herein.

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

(1) OJ C 61, 14.3.2003, p. 123.
(2) Opinion of the European Parliament of 17 December 2002 (not yet
Journal) and Council Decision of 22

published in the Official
September 2003.

(3) OJ L 307, 13.12.1993, p. 18. Directive as amended by Directive
2000/34/EC of the European Parliament and of the Council (OJ L
195, 1.8.2000, p. 41).
(4) OJ L 183, 29.6.1989, p. 1.

(5)

(6)

(7)

(8)

(9)

(10)

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

Account should be taken of the principles of the Interna-
tional Labour Organisation with regard to the organisa-
tion of working time, including those relating to night
work.

Research has shown that the human body is more sensi-
tive 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 work-
place.

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 informa-
tion to the attention of the competent authorities if they
so request.

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.

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.

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.

(12) A European Agreement in respect of the working time
of seafarers has been put into effect by means of 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 Ship-
owners' Association (ECSA) and the Federation of Trans-
port Workers' Unions in the European Union (FST) (5)
based on Article 139(2) of the Treaty. Accordingly, the
provisions of
should not apply to
seafarers.

this Directive

(5) OJ L 167, 2.7.1999, p. 33.

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(13)

(14)

(15)

(16)

those

case of

‘share-fishermen’ who are
In the
employees,
it is for the Member States to determine,
pursuant to this Directive, the conditions for entitlement
to, and granting of, annual leave, including the arrange-
ments 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 this Directive.

In view of the question likely to be raised by the organi-
sation 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.

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.
in the event of a derogation, the
As a general rule,
workers concerned must be given equivalent compensa-
tory rest periods.

(17)

This Directive should not affect the obligations of the
Member States concerning the deadlines for transposi-
tion of the Directives set out in Annex I, part B,

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER 1

SCOPE AND DEFINITIONS

Article 1

Purpose and scope

This Directive lays down minimum safety and health

1.
requirements for the organisation of working time.

2.

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.

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, 17, 18 and 19
of this Directive.

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

The provisions of Directive 89/391/EEC are fully applic-
4.
able to the matters referred to in paragraph 2, without preju-
dice to more stringent and/or specific provisions contained in
this Directive.

Article 2

Definitions

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

1.

‘working time’ means 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;

2.

‘rest period’ means any period which is not working time;

3.

‘night time’ means 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 5.00;

4.

‘night worker’ means:

(a) 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

(b) 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) by national legislation, following consultation with

the two sides of industry; or

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

5.

6.

7.

8.

‘shift work’ means any method of organising 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;

‘shift worker’ means any worker whose work schedule is
part of shift work;

‘mobile worker’ means 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’ means 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;

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9.

‘adequate rest’ means 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.

CHAPTER 2

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 dura-
tion 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

Article 7

Annual leave

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

2.
The minimum period of paid annual leave may not be
replaced by an allowance in lieu, except where the employment
relationship is terminated.

CHAPTER 3

NIGHT WORK — SHIFT WORK — PATTERNS OF WORK

Article 8

Length of night work

Member States shall take the measures necessary to ensure that:

(a) normal hours of work for night workers do not exceed an

average of eight hours in any 24-hour period;

(b) 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 agree-
ments concluded between the two sides of industry, taking
account of the specific effects and hazards of night work.

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.

Article 9

If objective,
justify, a minimum rest period of 24 hours may be applied.

technical or work organisation conditions so

Health assessment and transfer of night workers to day
work

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 collec-
tive agreements or agreements between the two sides of
industry;

1. Member States shall
ensure that:

take the measures necessary to

(a) night workers are entitled to a free health assessment before

their assignment and thereafter at regular intervals;

(b) night workers suffering from health problems recognised 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)

2.
must comply with medical confidentiality.

(b) the average working time for each seven-day period,

including overtime, does not exceed 48 hours.

The free health assessment referred to in paragraph 1(a)

3.
may be conducted within the national health system.

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Article 10

Article 15

Guarantees for night-time working

More favourable provisions

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 infor-
mation 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) night workers and shift workers have safety and health

protection appropriate to the nature of their work;

(b) 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.

Article 13

Pattern of work

Member States shall take the measures necessary to ensure that
an employer who intends to organise work according to a
certain pattern takes account of
the general principle of
adapting work to the worker, with a view, in particular, to alle-
viating 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.

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 agree-
ments 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 refer-

ence period not exceeding 14 days;

(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
the
included or shall be neutral
average;

in the calculation of

(c) for the application of Article 8 (length of night work), a
reference period defined after consultation of the two sides
industry or by collective agreements or agreements
of
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.

CHAPTER 5

DEROGATIONS AND EXCEPTIONS

Article 17

Derogations

CHAPTER 4

MISCELLANEOUS PROVISIONS

Article 14

More specific Community provisions

This Directive shall not apply where other Community instru-
ments contain more specific requirements relating to the orga-
nisation of working time for certain occupations or occupa-
tional activities.

1. With due regard for the general principles of the protec-
tion 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 dura-
tion of the working time is not measured and/or predetermined
or can be determined by the workers themselves, and particu-
larly in the case of:

(a) managing executives or other persons with autonomous

decision-taking powers;

(b) family workers; or

(c) workers officiating at religious ceremonies in churches and

religious communities.

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Derogations provided for in paragraphs 3, 4 and 5 may
2.
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 compen-
satory rest, the workers concerned are afforded appropriate
protection.

In accordance with paragraph 2 of this Article deroga-

3.
tions may be made 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 from one another,
including offshore work, or where the worker's different
places of work are distant from one another;

(b) 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, residen-
tial 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

(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.

In accordance with paragraph 2 of this Article deroga-

4.
tions may be made from Articles 3 and 5:

(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.

5.
In accordance with paragraph 2 of this Article, deroga-
tions may be made from Article 6 and Article 16(b), in the case
in accordance with the provisions set
of doctors in training,
out in the second to the seventh subparagraphs of this para-
graph.

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.

Member States may have up to two more years, if necessary, to
take account of difficulties in meeting the working time provi-
sions with respect to their 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
inform the Commission giving its
State concerned shall
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 deci-
sion. The notification and justification of the Member State and
the opinion of the Commission shall be published in the Official
Journal of the European Union and forwarded to the European
Parliament.

if necessary,

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

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.

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With respect to Article 16(b) 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.

Article 20

Mobile workers and offshore work

Article 18

Derogations by collective agreements

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.

collective

conclusion of

agreements or

Member States in which there is no statutory system ensuring
the
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 subpara-
graphs shall be allowed on condition that equivalent compen-
sating 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.

1.

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

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(3)(f) and
(g).

2.
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 tech-
nical reasons or reasons concerning the organisation of work,
extend the reference period referred to in Article 16(b) to 12
months in respect of workers who mainly perform offshore
work.

3.
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 modifica-
tions.

Article 21

Member States may lay down rules:

Workers on board seagoing fishing vessels

(a) for the application of this Article by the two sides of

industry; and

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

Article 19

Limitations to derogations from reference periods

The option to derogate from Article 16(b), provided for in
Article 17(3) and in Article 18, may not result in the establish-
ment of a reference period exceeding six months.

However, Member States shall have the option, subject
to
compliance with the general principles relating to the protec-
tion of the safety and health of workers, of allowing, for objec-
tive 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.

1.
Articles 3 to 6 and 8 shall not apply to any worker on
board a seagoing 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 seagoing 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.

2. Within the limits set out in paragraph 1, second subpara-
graph, and paragraphs 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.

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 Article and decide what action
to take.

The maximum number of hours of work or minimum number
of hours of rest shall be specified by law, regulations, adminis-
trative provisions or by collective agreements or agreements
between the two sides of the industry.

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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.

Hours of rest may be divided into no more than two
4.
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 protec-
5.
tion of the health and safety of workers, and for objective or
technical reasons or reasons concerning the organisation of
work, Member States may allow exceptions,
including the
establishment of reference periods, to the limits laid down in
paragraph 1, second subparagraph, and paragraphs 3 and 4.
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 leave for
the workers. These exceptions may be laid down by means of:

(a) 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

(b) collective agreements or agreements between the two sides

of industry.

6.
The master of a seagoing 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.

7. Members States may provide that workers on board
seagoing fishing vessels for which national legislation or prac-
tice 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.

Article 22

Miscellaneous provisions

1.
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 Article 16(b), 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;

(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 Article 16(b).

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 appli-
cation of Article 7, of making use of a transitional period of
not more than three years from 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
legislation
granting of, such leave laid down by national
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 employ-
ment relationship is terminated.

3.
If Member States avail themselves of the options provided
for in this Article, they shall forthwith inform the Commission
thereof.

CHAPTER 6

FINAL PROVISIONS

Article 23

Level of Protection

Without prejudice to the right of Member States to develop, in
the light of changing circumstances, different legislative, regula-
tory or contractual provisions in the field of working time, as
long as the minimum requirements provided for in this Direc-
tive are complied with, implementation of this Directive shall
not constitute valid grounds for reducing the general level of
protection afforded to workers.

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Article 24

Reports

1. 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.

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

indicating the viewpoints of

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

3.
Every five years from 23 November 1996 the Commis-
sion shall submit to the European Parliament, the Council and
the European Economic and Social Committee a report on the
application of this Directive taking into account Articles 22
and 23 and paragraphs 1 and 2 of this Article.

Article 25

Review of the operation of the provisions with regard to
workers on board seagoing 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 seagoing fishing vessels, and, in
particular examine whether these provisions remain appro-
priate, in particular, as far as health and safety are concerned
with a view to proposing suitable amendments, if necessary.

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.

Article 27

Repeal

Directive 93/104/EC, as amended by the Directive
1.
referred to in Annex I, part A, shall be repealed, without preju-
dice to the obligations of the Member States in respect of the
deadlines for transposition laid down in Annex I, part B.

The references made to the said repealed Directive shall
2.
be construed as references to this Directive and shall be read in
accordance with the correlation table set out in Annex II.

Article 28

Entry into force

This Directive shall enter into force on 2 August 2004.

Article 29

Addressees

This Directive is addressed to the Member States.

Article 26

Done at Brussels, 4 November 2003.

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

For the European Parliament

The President

P. COX

For the Council

The President

G. TREMONTI

18.11.2003

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Official Journal of the European Union

L 299/17

ANNEX I

PART A

REPEALED DIRECTIVE AND ITS AMENDMENT

(Article 27)

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)

DEADLINES FOR TRANSPOSITION INTO NATIONAL LAW

PART B

(Article 27)

Directive

Deadline for transposition

93/104/EC
2000/34/EC

23 November 1996
1 August 2003 (1)

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

L 299/18

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Official Journal of the European Union

18.11.2003

ANNEX II

CORRELATION TABLE

Directive 93/104/EC

This Directive

Articles 1 to 5

Articles 1 to 5

Article 6, introductory words

Article 6, introductory words

Article 6(1)

Article 6(2)

Article 7

Article 6(a)

Article 6(b)

Article 7

Article 8, introductory words

Article 8, introductory words

Article 8(1)

Article 8(2)

Articles 9, 10 and 11

Article 12, introductory words

Article 12(1)

Article 12(2)

Articles 13, 14 and 15

Article 16, introductory words

Article 16(1)

Article 16(2)

Article 16(3)

Article 17(1)

Article 17(2), introductory words

Article 17(2)(1)

Article 17(2)(2)

Article 17(2)(3)

Article 17(2)(4)

Article 17(3)

Article 17(4)

Article 17a(1)

Article 17a(2)

Article 17a(3)

Article 17a(4)

Article 17b(1)

Article 17b(2)

Article 17b(3)

Article 17b(4)

Article 17b(5)

Article 17b(6)

Article 17b(7)

Article 17b(8)

Article 18(1)(a)

Article 18(1)(b)(i)

Article 18(1)(b)(ii)

Article 18(1)(c)

Article 18(2)

Article 18(3)

Article 18(4)

Article 8(a)

Article 8(b)

Articles 9, 10 and 11

Article 12, introductory words

Article 12(a)

Article 12(b)

Articles 13, 14 and 15

Article 16, introductory words

Article 16(a)

Article 16(b)

Article 16(c)

Article 17(1)

Article 17(2)

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

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

Article 17(4)

Article 17(5)

Article 18

Article 19

Article 20(1), first subparagraph

Article 20(1), second subparagraph

Article 20(2)

Article 20(3)

Article 21(1), first subparagraph

Article 21(1), second subparagraph

Article 21(2)

Article 21(3)

Article 21(4)

Article 21(5)

Article 21(6)

Article 21(7)

—

Article 22(1)

Article 22(2)

Article 22(3)

—

Article 23

Article 24(1)

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Official Journal of the European Union

L 299/19

Directive 93/104/EC

This Directive

Article 18(5)

Article 18(6)

—

—

—

—

Article 19

—

—

(1) Directive 2000/34/EC, Article 3.
(2) Directive 2000/34/EC, Article 4.

Article 24(2)

Article 24(3)

Article 25 (1)

Article 26 (2)

Article 27

Article 28

Article 29

Annex I

Annex II