Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/88/EC concerning certain aspects of the organisation of working time {SEC(2004) 1154}
Date: 2004-09-22
Institutions: European Commission
Subjects: arrangement of working time, derogation from EU law, night work, occupational health, occupational safety, paid leave, rest period, shift work, working time

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.9.2004 
COM(2004) 607 final 

2004/0209 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive 2003/88/EC concerning certain aspects of the organisation  
of working time 

(presented by the Commission) 

{SEC(2004) 1154} 

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EXPLANATORY MEMORANDUM 

AIM OF THE PROPOSAL 

This proposal aims to amend Directive 2003/88/EC1of the European Parliament and 
of the Council of 4 November 2003 concerning certain aspects of the organisation of 
working time.  

The  review  of  some  of  the  provisions  of  Directive  2003/88/EC,  with  a  view  to  a 
possible  modification,  is  imposed  by  the  Directive  itself.  Indeed,  the  Directive 
contains  two  provisions  prescribing  their  review  before  23  November  2003.  These 
provisions  concern  the  derogations  to  the  reference  period  for  the  application  of 
Article 6 (maximum weekly working time) and the possibility not to apply Article 6 if 
the worker gives his agreement to carry out such work (the "opt-out"). 

On  the  other  hand,  the  interpretation  of  certain  provisions  of  the  Directive  by  the 
European Court of Justice, on the occasion of several requests for preliminary rulings 
under Article 234 of the Treaty, had a profound impact on the concept of "working 
time"  and,  consequently,  on  essential  provisions  of  the  Directive.  The  Commission 
therefore considered that it was necessary and convenient to analyse the effects of this 
case law, in particular of the rulings in the SIMAP2 and Jaeger3 cases, which held that 
on-call duty performed by a doctor when he is required to be physically present in the 
hospital must be regarded as working time. 

Under  Article  138  of  the  Treaty,  the  Commission  consulted  the  social  partners  at 
Community  level  on  the  possible  direction  of  a  Community  action  in  this  matter. 
After  this  consultation,  the  Commission  considered  that  a  Community  action  was 
desirable and consulted the social partners at Community level again on the content 
of the envisaged proposal, in accordance with Article 138 (3) of the Treaty. The result 
of this second stage consultation is summarised hereafter. 

RESULTS  OF  THE  SECOND  STAGE  CONSULTATION  OF  THE  SOCIAL 
PARTNERS  

First  of  all,  it  must  be  pointed  out  that  the  social  partners  declined  the  invitation  to 
enter  into  negotiations  in  this  field,  with  a  view  to  reaching  a  European  agreement 
and asked the Commission to adopt a proposal of a Directive. 

On  the  content  of  a  proposal  to  amend  the  Directive,  social  partners'  opinions  are 
divided.  With  regard  to  Article  22(1)  ("opt-out"),  the  organisation  representing 
workers (ETUC) argues that the only acceptable option is its phasing-out, as soon as 
possible.  On  the  contrary,  among  the  organisations  representing  the  employers, 

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, OJ L 299, of 18.11.2003, p. 9.  
Judgment of the Court of 3 October 2000 in case C-303/98, Sindicato of Médicos of Asistencia Pública 
(SIMAP) v. Conselleria de Sanidad y Consumo de la Generalidad Valenciana, ECR 2000, p. I-07963. 
Judgment  of  the  Court  of  9  October  2003  in  case  C-151/02,  Reference  for  a  preliminary  ruling: 
Landesarbeitsgericht  Schleswig-Holstein  (Germany)  in  the  proceedings  pending  before  that  court 
between Landeshauptstadt Kiel and Norbert Jaeger, not yet published. 

I. 

1. 

2. 

3. 

4. 

II. 

5. 

6. 

1 

2 

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7. 

8. 

UNICE argues in favour of maintaining Article 22(1) and of adding the possibility for 
Member States to allow an opt-out by collective agreement. The CEEP is in favour of 
maintaining  Article  22(1)  while,  at  the  same  time,  strengthening  the  conditions  in 
which it applies. 

On the derogations from the reference period, the ETUC recalls that the annualisation 
of  the  reference  period  is  already  possible  within  the  current  legislative  framework. 
The  ETUC  considers  that  the  possibility  of  extending  the  reference  period  to  12 
months  by  law  or  regulation  would  hinder  the  conclusion  of  modern  working  time 
agreements. For the ETUC, therefore, the current provisions should not be amended. 
On  the  other  hand,  UNICE  considers  that  the  Directive  should  allow  a  general 
reference  period  of  a  year,  with  the  possibility  of  extending  this  by  collective 
agreement.  This  modification  would  make  it  possible  to  respond  to  the  needs  of 
companies  faced  with  important  fluctuations  in  their  activity,  to  reduce  the 
administrative  burden  for  companies,  in  particular  for  SMEs,  and  would  support 
employment  in  periods  of  fluctuations  in  demand.  The  CEEP  argues  in  the  same 
direction.  

In relation to the definition of working time, opinions are also rather divergent. The 
ETUC considers that the introduction of the concept of "inactive part of on-call time" 
is  a  disproportionate  measure  compared  to  the  problems  faced  by  Member  States. 
According to the ETUC, less far-reaching solutions could be envisaged. On the other 
hand,  UNICE  argues  that  only  time  actually  worked  should  be  considered  as 
"working time" and suggests that the definition of working time be modified to reflect 
this. CEEP strongly supports the introduction of the concept of "inactive part of on-
call time", which should not be considered as working time.  

III. 

JUSTIFICATION OF THE PROPOSAL  

9. 

On  several  occasions4,  the  Commission  stressed  its  conviction  that  only  an  overall 
approach to the issues identified and submitted to consultation of the social partners 
at Community level would allow a balanced solution and ensure that the established 
criteria were met.  

10. 

The Commission has clearly indicated the criteria to be met by any future proposal in 
this area:  

•  ensure a high standard of protection of workers’ health and safety with regard to 

working time; 

•  give companies and Member States greater flexibility in managing working time; 

•  allow greater compatibility between work and family life; 

4 

See  in  particular  the  two  documents  of  consultation  of  the  social  partners:  Communication  from  the 
Commission  to  the  Council,  to  the  European  Parliament,  to  the  European  Economic  and  Social 
Committee and to the Committee of the Regions concerning the re-examination of Directive 93/104/EC 
concerning  certain  aspects  of  the  organisation  of  working  time,  Document  COM(2003)  843  final  and 
Second  stage  of  consultation  of  the  social  partners  at  the  Community  level  concerning  the  review  of 
Directive  93/104/EC  concerning  certain  aspects  of  the  adaptation  of  the  working  time,  document 
SEC(2004) 610.  

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11. 

12. 

13. 

14. 

15. 

16. 

•  avoid imposing unreasonable constraints on companies, in particular SMEs. 

The Commission is of the opinion that the present proposal meets these criteria best.  

The proposal ensures a high level of protection of workers' health and safety, whilst 
allowing companies flexibility in managing working time. As regards in particular the 
individual opt-out from the 48-hour average weekly limit, the proposal introduces a 
dual  system,  combining  the  advantages  of  the  individual  approach  with  those  of 
collective  bargaining.  The  individual  opt-out  will  require  prior  collective  agreement 
or agreement among social partners, but only in those cases where such agreements 
are possible under national legislation and/or practice. In other cases, opt-out on the 
basis of individual consent alone will remain possible, but reinforced conditions will 
apply to prevent abuses and to ensure that the choice of the worker is entirely free. 
Furthermore, the Directive introduces a maximum duration of working time for any 
one week, unless otherwise provided by collective agreement. 

It also allows better compatibility between work and family life, in particular by the 
changes  proposed  with  regard  to  Article  22(1).  Within  the  framework  of  the 
objectives  of  the  Lisbon  Strategy,  recital  6  recalls  that  it  is  for  Member  States  to 
encourage the social partners to negotiate on this issue. 

Moreover, this proposal gives companies and Member States greater flexibility in the 
organisation of working time. Indeed, the reference period for the calculation of the 
maximum  weekly  working  time  could  be  extended  up  to  one  year,  thus  allowing 
companies to deal with more or less regular fluctuations in demand. 

With the aim of ensuring an appropriate balance between the protection of workers' 
health and safety, on the one hand, and the need for flexibility for companies, on the 
other hand, and considering that inactive parts of on-call time do not require the same 
level of protection as the active periods, the proposal establishes that the inactive part 
of  on-call  time  is  not  working  time  within  the  meaning  of  the  Directive,  unless 
national legislation, collective agreements or agreements between the social partners 
decide otherwise. 

Finally, it takes into consideration the particular situation of companies, in particular 
of  SMEs.  The  opt-out  is  maintained  for  companies  with  no  collective  agreement  in 
force and no collective representation of the workers that is capable of concluding a 
collective agreement or an agreement between the two sides of industry on the issue 
(essentially  micro  and  small  enterprises).  Moreover,  the  possibility  of  fixing  a  one-
year  reference  period  will  simplify  the  management  of  employees'  working  time, 
while allowing a better adaptation to fluctuations in demand. 

IV. 

CONTENT OF THE PROPOSAL 

17. 

18. 

It is proposed to amend Directive 2003/88/EC as follows.  

Article 2 (Definitions): The definitions of "working time" and of "rest period" remain 
unchanged.  This  proposal  inserts  two  new  definitions:  "on-call  time"  and  "inactive 
part  of  on-call  time",  which  are  added  to  the  existing  definitions.  These  two  new 
definitions aim to introduce a concept into the Directive which is not strictly speaking 
a third category of time, but a mixed category incorporating, in different proportions, 

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19. 

20. 

21. 

22. 

23. 

24. 

the two concepts of "working time" and of "rest period". The proposed notion of "on 
call time" covers situations in which the worker must stay at the workplace. 

New Article 2a (On-call time): As a result of the insertion of the two new definitions, 
this  Article  aims  to  define  the  arrangement  applicable  to  on-call  time  and  more 
specifically  to  the  inactive  part  of  on-call  time.  It  is  clearly  established  that  the 
inactive  part  of  on-call  time  is  not  considered  "working  time"  ,  unless  otherwise 
stipulated  by  national  law  or,  in  conformity  with  national  law  and/or  practice,  by 
collective agreement or agreement between the two sides of industry. As regards the 
periods  during  which  the  worker  carries  out  his  activities  or  duties,  they  must  be 
regarded entirely as working time within the meaning of the Directive. 

Article  16,  b)  (Reference  periods):  According  to  this  modification,  the  standard 
reference period would remain 4 months. However, Member States could extend this 
period up to one year, subject to the consultation of concerned social partners and to 
the  encouragement  of  social  dialogue  in  this  matter.  It  is  also  specified  that  the 
duration  of  the  reference  period  can  under  no  circumstances  be  higher  than  the 
duration of the employment contract. 

Article 17(1) and (3) (Derogations): These modifications must be read in conjunction 
with the modification in Article 16 b). It removes the possibility of derogating from 
the four-month reference period. Since national law can establish a reference period 
of up to one year, it is no longer necessary to allow for this derogation of up to six 
months.  

Article  17(2)  (Derogations):  Articles  3  and  5  establish  periods  of  daily  and  weekly 
rest of, respectively, 11 consecutive hours per period of 24 hours and of 24 hours plus 
the  11  hours  of  daily  rest  for  each  seven-day  period.  It  is,  however,  possible  to 
derogate  from  these  two  provisions.  In  such  cases,  workers  must,  in  principle,  be 
granted an equivalent period of compensatory rest. This modification aims to clarify 
that the periods of compensatory rest have to be granted within a reasonable time and, 
in all the cases, within a time limit not exceeding 72 hours for daily rest.  

Article  18  (Derogations  by  collective  agreements):  This  Article  adds  the  same 
clarification concerning compensatory rest (see above). 

The first and the third paragraphs of Article 19 and the second paragraph of Article 
20  are  deleted.  In  both  cases,  this  involves  deleting  derogations  from  the  reference 
period, which become obsolete as a result of the amendment proposed for Article 16, 
b).  

25. 

Article 22(1): This Article establishes the conditions to be met by Member States who 
make use of the possibility not to apply Article 6 (maximum weekly working time).  

If Article 6 is not to apply, this must be authorized by a collective agreement or an 
agreement between the social partners at the appropriate level. 

This condition is not applicable when a collective agreement is not in force and there 
is no collective representation of the workers within the undertaking or the business 
that  is  empowered,  in  accordance  with  national  law  and/or  practice,  to  conclude  a 
collective agreement or an agreement between the two sides of industry on the issue. 

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In  such  cases,  the  individual  worker’s  consent,  in  accordance  with  the  established 
conditions, is sufficient. 

The  authorisation  by  collective  agreement  or  agreement  between  the  two  sides  of 
industry  is  necessary,  but  not  enough.  In  any  case,  a  worker's  individual  consent  is 
necessary. Concerning individual consent, the conditions are more clear and stringent. 
The worker's agreement has to be given in writing, it cannot be given at the beginning 
of the employment relationship or during any probation period, its validity is limited, 
an  absolute  maximum  limit  of  weekly  working  hours  is  fixed  and  the  obligation  of 
keeping registers is imposed. 

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2004/0209 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive 2003/88/EC 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 Commission5,  

Having regard to the opinion of the European Economic and Social Committee6,  

Having regard to the opinion of the Committee of the Regions7,  

Acting in accordance with the procedure laid down in Article 251 of the Treaty8, 

whereas:  

(1) 

(2) 

Article 137 of the Treaty lays down that the Community supports and supplements 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  the 
aforementioned  Article  must  avoid  imposing  administrative,  financial  and  legal 
constraints in such a way as to hold back the creation and development of small and 
medium-sized undertakings. 

Directive 2003/88/CE of the European Parliament and of the Council, of 4 November 
2003,  concerning  certain  aspects  of  the  organisation  of  working  time,9  establishes 
minimum requirements concerning the organisation of working time, notably on daily 
and  weekly  rest,  breaks,  maximum  weekly  working  time,  annual  leave  and  certain 
aspects of night work, shift work and patterns of work. 

(3) 

Article  19  and  Article  22(1)  of  Directive  2003/88/EC  contain  clauses  requiring  re-
examination before 23 November 2003. 

5 
6 
7 
8 
9 

OJ C [… ] of [… ], p. [… ].  
OJ C [… ] of [… ], p. [… ].  
OJ C [… ] of [… ], p. [… ].  
OJ C [… ] of [… ], p. [… ]. 
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, OJ L 299, of 18.11.2003, p. 9. 

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(4)  More  than  ten  years  after  the  adoption  of  the  Directive  93/104/EC10,  the  initial 
Directive  on  the  organisation  of  working  time,  it  is  necessary  to  modernise 
Community  legislation  on  working  time,  with  a  view  to  responding  better  to  new 
realities and demands, both from employers and employees. 

(5) 

(6) 

(7) 

(8) 

(9) 

Reconciliation between work and family life is an essential element to allow the Union 
to  reach  the  objectives  set  in  the  Lisbon  Strategy.  It  not  only  creates  a  more 
satisfactory working atmosphere, but also means workers' needs are taken into account 
more,  particularly  those  with  family  responsibilities.  Several  of  the  modifications 
introduced  by  Directive  2003/88/EC,  particularly  in  relation  to  Article  22,  allow  a 
better compatibility between work and family life. 

In  this  context,  it  is  for  Member  States  to  encourage  social  partners  to  conclude 
agreements,  at  the  appropriate  level,  establishing  rules  to  ensure  better  compatibility 
between work and family life. 

It is necessary to strike a new balance between the protection of workers' health and 
safety and the need to give companies more flexibility in the organisation of working 
time, in particular with regard to on-call time and, more specifically, to inactive parts 
of on-call time.  

The provisions on the derogations to the reference period must also be re-examined, 
with the objective of simplifying existing arrangements in order to adapt them to the 
needs of employers and employees. 

The  experience  gained  in  the  application  of  Article  22(1)  shows  that  the  individual 
final decision not to be bound by Article 6 of the Directive can be problematic in two 
respects: the protection of workers' health and safety and the freedom of choice of the 
worker. 

(10) 

In accordance with Article 138 (2), of the Treaty, the Commission consulted the social 
partners  at  Community  level  on  the  possible  direction  of  Community  action  in  this 
field. 

(11)  Following this consultation, the Commission considered that a Community action was 
desirable and consulted the social partners at Community level again on the content of 
the envisaged proposal, in accordance with Article 138 (3) of the Treaty. 

(12)  On  the  occasion  of  this  second  consultation,  the  social  partners  did  not  inform  the 
Commission of their wish to initiate the process which could lead to the conclusion of 
an agreement, as set out in Article 138 (4), of the Treaty. 

(13) 

 Since the objective of this Directive, namely the modernisation of Community law on 
the  organisation  of  working  time,  cannot  be  sufficiently  achieved  by  the  Member 
States and can, therefore, be better achieved at Community level, the Community may 
adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 
of  the  Treaty.  In  accordance  with  the  principle  of  proportionality,  as  set  out  in  that 

10 

Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organization of 
working time, OJ L 307, of 13.12.1993, p. 18. 

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Article, the Directive does not go beyond what is necessary in order to achieve those 
objectives. 

(14)  This  Directive  respects  fundamental  rights  and  observes  the  principles  specifically 
recognised in particular by the Charter of Fundamental Rights of the European Union. 
In particular, it seeks to ensure full respect of the right to fair and equitable working 
conditions (Article 31 of the Charter of Fundamental Rights of the European Union). 

(15) 

In  accordance  with  the  principles  of  subsidiarity  and  proportionality,  referred  to  in 
Article  5  of  the  Treaty,  the  objectives  of  the  action  envisaged  above  cannot  be 
achieved  adequately  by  the  Member  States,  insofar  as  this  involves  modifying  a 
Community legal act in force. 

HAVE ADOPTED THIS DIRECTIVE:  

Article 1 

Directive 2003/88/EC is hereby amended as follows:  

1. 

In Article 2, points 1a and 1b shall be added:  

"1a. "on-call time": period during which the worker has the obligation to be available 
at  the  workplace  in  order  to  intervene,  at  the  employer's  request,  to  carry  out  his 
activity or duties.  

1b "inactive part of on-call time ": period during which the worker is on call within 
the meaning of Article 1a, but not required by his employer to carry out his activity 
or duties."  

2. 

The following Article 2a shall be added:  

"Article 2a 

On-call time 

The  inactive  part  of  on-call  time  shall  not  be  regarded  as  working  time,  unless 
national  law  or,  in  accordance  with  national  law  and/or  practice,  a  collective 
agreement or an agreement between the two sides of industry decides otherwise. 

The period during which the worker carries out his activity or duties during on-call 
time shall always be regarded as working time." 

3. 

In Article 16, point b) is replaced by the following: 

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

However,  Member  States  may,  by  law  or  regulation,  for  objective  or  technical 
reasons, or reasons concerning the organisation of work, extend the reference period 
referred to above to twelve months, subject to compliance with the general principles 
relating to the protection of the safety and health of workers, and provided there is a 

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consultation of the social partners concerned and every effort is made to encourage 
all relevant forms of social dialogue, including negotiation if the parties so wish. 

Whenever  the  duration  of  the  employment  contract  is  less  than  one  year,  the 
reference period cannot be longer than the duration of the employment contract. 

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; " 

4. 

Article 17 shall be modified as follows: 

a)  In  paragraph  (1),  the  terms  "Articles  3  to  6,  8  and  16"  shall  be  replaced  by 
"Articles 3 to 6, 8 and 16, a) and c)". 

b)  In  paragraph  (2),  the  terms  "provided  that  the  workers  concerned  are  afforded 
equivalent periods of compensatory rest" are replaced by "provided that the workers 
concerned are afforded equivalent periods of compensatory rest within a reasonable 
period, which cannot be longer than seventy-two hours". 

c) In paragraph (3), the terms "Articles 3, 4, 5, 8 and 16" are replaced by "Articles 3, 
4, 5, 8 and 16, a) and c)".  

d) paragraph (5) shall be amended as follows:  

i) 

The first subparagraph shall be replaced as follows: 

"In  accordance  with  paragraph  2  of  this  Article,  derogations  may  be  made  from 
Article 6 in the case of doctors in training, in accordance with the provisions set out 
in subparagraphs 2 to 7." 

ii) 

The last subparagraph is deleted. 

5. 

In  Article  18,  third  subparagraph,  the  expression  "on  condition  that  equivalent 
compensating rest periods are granted to the workers concerned" is replaced by "on 
condition  that  equivalent  compensating  rest  periods  are  granted  to  the  workers 
concerned within a reasonable period, which cannot exceed seventy-two hours". 

6. 

Article 19 is replaced by the following:  

"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,  concerning  the  maximum  weekly  working  time,  in  no  case 
exceeding twelve months." 

7. 

The second paragraph of Article 20 is deleted.  

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8. 

Article 22 is modified as follows: 

a) Paragraph (1) is replaced by the following: 

"1. Member States shall have the option not to apply Article 6, while respecting the 
general  principles  of  the  protection  of  the  safety  and  health  of  workers.  The 
implementation of this option must, however, be expressly foreseen by a collective 
agreement or an agreement between the two sides of industry at national or regional 
level  or,  in  accordance  with  national  law  and/or  practice,,  by  means  of  collective 
agreements  or  agreements  concluded  between  the  two  sides  of  industry  at  the 
appropriate level. 

The  implementation  of  this  option  is  also  possible,  by  virtue  of  an  agreement 
between  the  employer  and  the  worker,  in  cases  where  there  is  no  collective 
agreement in force and there is no workers' representation within the undertaking or 
the business that is empowered, in accordance with national law and/or practice, to 
conclude a collective agreement or an agreement between the two sides of industry 
on the issue." 

b) The following paragraph (1)a shall be added: 

“(1)a.  In  any  case,  Member  States  making  use  of  the  possibility  provided  for  by 
paragraph 1 shall take the necessary measures to ensure that: 

a) no employer requires a worker to work more than forty-eight 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.  This 
agreement  shall  be  valid  for  a  period  not  exceeding  one  year,  renewable.  An 
agreement given at the time of the signature of the individual employment contract or 
during any probation period shall be null and void. 

b) no worker suffers any detriment because he is not willing to give his agreement to 
perform such work;  

c) no worker works more than sixty-five hours in any one week, unless the collective 
agreement or agreement between the two sides of industry provides otherwise; 

d) the employer keeps up-to-date records of all workers who carry out such work and 
of the number of hours actually worked; 

e) 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 time; 

f) 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),  as  well  as  information  on  the  number  of  hours 
actually worked by the workers concerned." 

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9. 

The following Article 24a is added: 

"Article 24a 

Application report 

Not later than five years after the date referred to in Article 3 of this Directive, , the 
Commission shall submit to the European Parliament, the Council and the European 
Economic  and  Social  Committee  a  report  on  the  application  of  its  provisions,  in 
particular  of  Article  22(1)  and  (2).  The  Commission  shall  propose  any  appropriate 
amendments, including, if necessary, a phasing out of Article 22(1) and (2)." 

Article 2 

Member States shall lay down rules on sanctions applicable in the event of infringements of 
national  provisions  enacted  under  this  Directive  and  shall  take  all  necessary  measures  to 
ensure that they are applied. The penalties provided for must be effective, proportionate and 
dissuasive. Member States shall notify these provisions to the Commission by the date given 
in  Article  3  at  the  latest  and  any  subsequent  amendment  within  good  time.  They  shall,  in 
particular, ensure that workers and/or their representatives have adequate means of enforcing 
the obligations under this Directive. 

Article 3  

Member  States  shall  adopt  the  laws,  regulations  and  administrative  provisions  necessary  to 
comply with this Directive by [] at the latest, or shall ensure that the social partners introduce 
the necessary provisions by way of an agreement, whereby the Member States must make all 
the necessary arrangements to enable them to guarantee at any time that the objectives of this 
Directive are being attained. They shall forthwith communicate to the Commission the text of 
those provisions and a correlation table between those provisions and this Directive.. 

When Member States adopt these provisions, they shall contain a reference to this Directive 
or shall be accompanied by such a reference on the occasion of their official publication. The 
methods of making such reference shall be laid down by the Member States. 

This Directive shall enter into force on the [ ] day after its publication in the Official Journal 
of the European Union. 

Article 4  

This Directive is addressed to the Member States. 

Article 5 

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Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council  
The President 
[…] 

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