CELEX: 51994PC0088
Language: en
Date: 1994-03-30
Title: Re-examined proposal for a COUNCIL DIRECTIVE on the protection of young people at work

COMMISSION OF THE EUROPEAN COMVIUNITIES
                                          C0M(94) 88    f i n a l - SYN 383
                                          Brussels, 30.03.1994
                     Re-examined proposal f o r a
                           COUNCIL DIRECTIVE
                on the protection of young people at work
    (presented by the Commission pursuant to Article 189 C (d)
                          of the EC Treaty)
 ---pagebreak--- EXPLANATORY MEMORANDUM
INTRODUCTION
The initial proposal for a Directive on the protection of young people at work, setting out
minimum standards applicable to young people under the age of 18, was presented to the
Council on 18 March 1992.1
The Economic and Social Committee gave its opinion on 24 September 1992.
The European Parliament gave its opinion at first reading on 17 December 1992.
On 15 February 1993, the Commission forwarded to the Council an amended proposal
for a Directive.2
On 23 November 1993, the Council adopted a common position taking account of
changes made to the amended proposal by the European Parliament.
The European Parliament examined the common position at a second reading on 9 March
1994 and endorsed it subject to twenty proposed amendments.
The Commission adopted 7 amendments, either wholly or in part, in its re-examined
proposal. The amendments concerned are Nos 1, 3, 4, 13 (2), 16, 26 and 28.
Amendments adopted
Amendment No 1
       New recital to the effect that the Community should observe the principles laid
       down in the ILO Conventions, in particular Convention No 138.
       Comment:
       The recital is worded along the lines of the similar text in the Directive on the
       organisation of working time.
Amendment No 3
       Deletion of the twenty-second recital concerning the additional transitional period
       granted to the United Kingdom for the implementation of some provisions of the
       Directive.
       OJ C 84, 4.4.1992
       OJ C77, 18.3.1993
 ---pagebreak---      Comment:
     Since a transitional period of this nature is not permissible for the implementation
     of provisions relating to weekly working time for children, the term "young
     people" is deleted and replaced by "adolescents".
Amendment No 4
     Rewording of the last part of Article 1(1) to read "is not lower than the age of
     completion of compulsory full-time schooling and, in any case, not less than 15
     years".
     Comment:
     The amendment provides necessary clarification in terms of setting a minimum
     working or employment age which may not be lower than 15 years.
Amendment No 13 (last part)
     Introduction, in Article 8(2), of a limit on working time (2 hours per day, 12
     hours per week) for adolescents who are still in full-time education.
     Comment:
     Since the principle of limiting the working time of the adolescents concerned is
     accepted, a new general provision is inserted in Article 8(2).
Amendment No 16
     Narrowing of the scope for derogation from the prohibition on night work, under
     Article 9(2)(a), as regards adolescents.
     Comment:
     In order to define more clearly the scope for derogation, additional provisions are
     aimed at specifying the nature of activities covered by the derogation and ensuring
     that the work in question is performed under the supervision of an adult worker.
Amendment No 26
     Introduction of a "non-regression" clause in a new Article 16a.
     Comment:
     The Article is worded along the lines of similar provisions in other directives.
Amendment No 28
 ---pagebreak---        Deletion of Article 18(l)(c) providing for the United Kingdom to be granted an
       additional transitional period for implementing certain provisions of the Directive,
       with the possibility of the period being extended.
      Comment:
      A transitional period of this nature is not permissible for the implementation of
      provisions relating to weekly working time for children. Consequently, the phrase
      "Article 8(1 )(b) first subparagraph with regard to the provision relating to the
      maximum weekly working time" is deleted.
      Moreover, in order to make clear that this is the period deemed necessary for the
      United Kingdom to adapt its internal law to the Directive, the last part of Article
       18(l)(c) is deleted.
Amendments not adopted
The Commission wishes to make the following comments in respect of the rejected
amendments.
Amendment No 6
      The words "and/or after consultation with both sides of industry" are added to
      Article 4(2)(b) after the phrase "provided that such work is done in accordance
      with the conditions laid down by the competent authority".
      Comment:
      It is up to the Member States to establish the mechanisms for the formulation of
      standards. Nevertheless, as regards implementation of the provisions of the
     Directive, the two sides of industry are expressly involved under Article 18(l)(a),
      and their views are taken into account in the Member States' reports to the
      Commission as provided for in Article 18(4).
Amendment No 7
     Removes the possibility of authorising light work in certain categories from the
     age of 13 onwards (Article 4(2)(c)).
     Comment:
     Article 4(2)(c), which in principle sets a minimum age limit of 14 for taking up
     light work, clearly improves on the level of protection provided for initially. This
     principle has to allow for flexibility in specific cases covered by national
     legislation. To this end, the age of 13 remains a socially acceptable threshold.
Amendment No 8
 ---pagebreak---      Addition of a reference to Articles 6, 7, 10 and 12 of the framework Directive
     89/391/EEC.
     Comment:
     Insofar as these Articles apply fully to the protection of young people at work, the
     addition in question is not necessary.
Amendment No 10
     Specifies that information on possible risks is to be provided in writing to the
     parents or guardians of young people.
     Comment:
     The requirement to provide written information might constitute an excessive
     administrative burden for small businesses and might be counterproductive in
     terms of getting the message over.
Amendment No 15
     New period of time (20.00 hours to 08.00 hours) during which night work by
     children under the age of 14 is to be prohibited.
     Comment:
     Children are given a daily rest period of 14 hours. The prohibited period laid
     down in the common position (20.00 - 06.00), combined with the preceding
     provision, satisfactorily addresses the major concern of protecting children.
Amendment No 17
     Deletion, from Article 9(2)(b), of the possibility of derogation from the ban on
     night work (between 00.00 and 04.00) in respect of the police and hospitals.
     Comment:
     The possibility of derogation in such instances is justified in view of the specific
     requirements of activities performed in occupations which serve the public good.
Amendment No 18
     Addition of a new paragraph in Article 9 providing, in the event of derogation
     from the prohibition on night work, for supervision by an adult worker.
     Comment:
 ---pagebreak---        Appropriate supervision is provided for in connection with risk assessment under
       Article 6(4).
 Amendment No 19 (1)
      Removal of the scope for flexibility in respect of the minimum weekly rest period
      for children undergoing vocational training or performing light work.
      Comment:
      A degree of flexibility is reasonable, particularly as regards vocational training
      activities or light work involving services to the public.
Amendment No 20
      Deletion of paragraph 3 from Article 10, providing for interrupted rest periods in
      cases where work is split up over the day or is of short duration.
      Comment:
      This paragraph deals with specific forms of work which, despite being split up or
      of short duration, are not detrimental to the health and safety of young people,
      whereas they could be jeopardised by the deletion of this paragraph.
Amendment No 22
     Removal, from Article 10(4), of the scope for derogation from rest periods in
     respect of the police, agriculture, tourism and the hotel and catering industry.
     Comment:
     As regards this point, see comments relating to amendments 17 and 20.
Amendment No 24
     Inclusion of a new subparagraph in Article 8(5), entitling young people to
     unemployment benefits comparable to those granted to adults.
     Comment:
     This provision does not fall within the context of the Community initiative.
Amendment No 27
     In Article 18(l)(b), replacement of the three-year transitional period for applying
     Article 12 (annual leave) by a maximum period of two years.
     Comment:
 ---pagebreak---      The adaptation period provided for is reasonable and is in line with that provided
     for in the Directive on the organisation of working time.
Amendment No 34
     Extension of the annual rest arrangements to all categories of children referred to
     in Article 4(2).
     Comment:
     The category of children referred to in Article 4(2)(a) is, as regards working
     conditions, covered by unilateral arrangements. These arrangements, to be
     determined by the Member States, are nevertheless subject to the condition that
     the children's attendance at school is not affected (Article 5(2)(ii)).
 ---pagebreak---                               Re-examined proposal for a
                                   Council Directive
                      on the protection of young people at work
          COMMON POSITION                                AMENDED TEXT
Citations and recitals 1 to 3                Unchanged
                                             Recital 3 a (new)
                                             Whereas it would be appropriate to
                                             observe the principles of the
                                             International Labour Organization with
                                             regard to protection of young people at
                                             work, including those relating to the
                                             minimum employment age;
Recitals 4 to 21                             Unchanged
Recital 22
Whereas the implementation of some           Whereas the implementation of some
provisions of this Directive poses           provisions of this Directive poses
particular problems for one Member           particular problems for one Member
State with regard to its system of           State with regard to its system of
protection for young people at work;         protection for adolescents at work;
whereas that Member State should             whereas that Member State should
therefore be allowed to refrain from         therefore be allowed to refrain from
implementing the relevant provisions for     implementing the relevant provisions for
a suitable period.                           a suitable period.
Article 1
 1. Member States shall take the              1. Member States shall take the
necessary measures to prohibit work by       necessary measures to prohibit work by
children.                                    children.
They shall ensure, under the conditions      They shall ensure, under the conditions
laid down in this Directive, that the        laid down in this Directive, that the
minimum working or employment age is         minimum working or employment age is
not lower than the minimum age at            not lower than the age of completion of
which compulsory full-time schooling as      compulsory full-time schooling as
imposed by national law ends or 15           imposed by national law and, in any
years.                                       case, not less than 15 years.
Paragraph 2                                  Unchanged
Paragraph 3                                  Unchanged
Articles 2 to 7                              Unchanged
 ---pagebreak--- Article 8
Paragraph 1                                 Unchanged
2. Member States shall adopt the            2. Member States shall adopt the
measures necessary to limit the working     measures necessary to limit the working
time of adolescents to 8 hours a day and    time of adolescents to 8 hours a day and
40 hours a week.                            40 hours a week.
                                            Member States shall take the necessary
                                            steps to ensure that the working time of
                                            adolescents who are receiving education
                                            at school is on no account detrimental to
                                            their capacity to benefit from the
                                            instruction given at school.
Paragraph 3                                 Unchanged
Paragraph 4                                 Unchanged
Paragraph 5                                 Unchanged
Article 9
Paragraph 1                                 Unchanged
Paragraph 2
a) Member States may,-by legislative or     a) Member States may, by legislative or
regulatory provision, authorize work by     regulatory provision, authorize work by
adolescents in specific areas of activity   adolescents during the period in which
during the period in which night work is    night work is prohibited as referred to in
prohibited as referred to in paragraph      paragraph 1(b), in specific areas of
 Kb).                                       activity where night work forms an
                                            integral part of the activity.
                                            In such cases, the young person must
                                            work under the supervision of an adult
                                            worker.
b) If point (a) is applied, work shall      Unchanged
continue to be prohibited between 0.00
hours and 04.00 hours.
                                          *
 ---pagebreak--- However, Member States may, by
legislative or regulatory provision,
authorize work by adolescents during the
period in which night work is prohibited
in the following cases, where there are
objective grounds for so doing and
provided that adolescents are allowed
suitable compensatory rest time and that
the objectives set out in Article 1 are not
called into question:
        work performed in the shipping
         or fisheries sectors;
        work performed in the context of
        the armed forces or the police;
        work performed in hospitals or
         similar establishments;
         cultural, artistic, sports or
         advertising activities.
Paragraph 3                                 Unchanged
Articles 10 to 16                           Unchanged
                                            Article 16a (new)
                                            Without prejudice to the right of
                                            Member States to develop, in the light
                                            of changing circumstances, different
                                            provisions in the field of protection of
                                            young people, as long as the minimum
                                            requirements laid down in this Directive
                                            are complied with, implementation of
                                            this Directive shall not have the effect of
                                            reducing the overall level of protection
                                            afforded to young people in each
                                            Member State.
Article 17                                  Unchanged
Article 18
Paragraph 1
 ---pagebreak--- (a) Member States shall bring            (a) Unchanged
into force the laws, regulations
and administrative provisions
necessary to comply with this
Directive not later than .... or
ensure, by that date at the latest,
that the two sides of industry
introduce the requisite provisions
by means of collective
agreements, with Member States
being required to make all the
necessary provisions to enable
them at all times to guarantee the
results laid down by this
Directive.
(b) However, Member States               (b) Unchanged
shall have the option, when
applying Article 12, of making
use of a maximum transitional
period of three years following
the date referred to in
subparagraph (a), provided that
during the transitional period:
-       young people are entitled
        to annual holiday of three
        weeks, determined and
        paid in accordance with
        the conditions governing
        the receipt and granting of
        holiday laid down by
        national laws and/or
        practice, and
-       the period of three weeks
        may not be replaced by
        financial compensation
        except where the
        employment relationship
        is terminated.
                                    4 vO
 ---pagebreak---        (c) The United Kingdom may                (c) The United Kingdom may
       refrain from implementing                 refrain from implementing
       Article 8(Q(b) first subparagraph         Article 8(2) and Article 9(l)(b)
       with regard to the provision              and (2) for a period of four years
       relating to the maximum weekly            from the date specified in
       working time, and also Article            subparagraph (a).
       8(2) and Article 9(l)(b) and (2)
       for a period of four years from           The Commission shall submit a
       the date specified in                     report on the effects of this
       subparagraph (a).                         provision.
       The Commission shall submit a
       report on the effects of this
       provision.
       The Council, acting in
       accordance with the conditions
       laid down in the Treaty, shall
       decide whether this period should
       be extended.
       (d) Member States shall forthwith         (d) Unchanged
       inform the Commission thereof.
Paragraph 2                                Unchanged
Paragraph 3                                Unchanged
Paragraph 4                                Unchanged
Paragraph 5                                Unchanged
                                         I    ll
 ---pagebreak---                                                                      ISSN 0254-1475
                                                               COM (94) 88 final
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