CELEX: 52002PC0336
Language: en
Date: 2002-06-24
Title: Proposal for a Directive of the European Parliament and of the Council concerning certain aspects of the organisation of working time (codified version)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                            Brussels, 24.6.2002
                                            COM(2002) 336 final
                                            2002/0131 (COD)
                               Proposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
      concerning certain aspects of the organisation of working time
                            (codified version)
                      (presented by the Commission)
 ---pagebreak---                                EXPLANATORY MEMORANDUM
1.  In the context of a people’s Europe, the Commission attaches great importance to
    simplifying and clarifying Community law so as to make it clearer and more
    accessible to the ordinary citizen, thus giving him new opportunities and the chance
    to make use of the specific rights it gives him.
    This aim cannot be achieved so long as numerous provisions that have been amended
    several times, often quite substantially, remain scattered, so that they must be sought
    partly in the original instrument and partly in later amending ones. Considerable
    research work, comparing many different instruments, is thus needed to identify the
    current rules.
    For this reason a codification of rules that have frequently been amended is also
    essential if Community law is to be clear and transparent.
2.  On 1 April 1987 the Commission therefore decided to instruct its staff that all
    legislative measures should be codified after no more than ten amendments, stressing
    that this was a minimum requirement and that departments should endeavour to
    consolidate at even shorter intervals the texts for which they were responsible, to
    ensure that the Community rules were clear and readily understandable.
3.  The Conclusions of the Presidency of the Edinburgh European Council
    (December 1992) confirmed this, stressing the importance of legislative (official)
    codification as it offers certainty as to the law applicable to a given matter at a given
    time.
    It must be undertaken in full compliance with the normal Community legislative
    procedure.
    Given that no changes of substance may be made to the instruments affected by
    official codification, Parliament, the Council and the Commission have agreed, by an
    interinstitutional agreement dated 20 December 1994, that an accelerated procedure
    may be used for the fast-track adoption of codification instruments.
4.  The purpose of this proposal1 for official codification of Council Directive
    93/104/EC of 23 November 1993, concerning certain aspects of the organisation of
    working time, is to undertake official codification of this type. The new directive will
    supersede the various directives incorporated in it2; their content is fully preserved,
    and they are brought together with only such formal amendments as are required by
    the codification exercise itself.
1
   Entered in the legislative programme for 2002.
2
   See Annex I, Part A of this proposal.
                                                  2
 ---pagebreak--- 5. The codification proposal was drawn up on the basis of a preliminary consolidation,
   in all official languages, of Directive 93/104/EC, and the instrument amending it,
   carried out by the Office of Official Publications of the European Communities, by
   means of its data-processing system. Although the Articles have been given new
   numbers, the correlation between the old and the new numbers is shown in a table
   contained in Annex II to the codified Directive.
                                         3
 ---pagebreak---                                                            2002/0131 (COD)
                                                                  ê 93/104/EC
                                              Proposal for a
     DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
                concerning certain aspects of the organisation of working time
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Article 137(2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the Economic and Social Committee3,
Having regard to the opinion of the Committee of the Regions4,
Acting in accordance with the procedure referred to in Article 251 of the Treaty5,
Whereas:
                                                                  ê
                                                                  è1 2000/34/EC Recital (2)
(1)     Council Directive 93/104/EC of 23 November 1993, concerning certain aspects of the
        organisation of working time6, è1 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, ç has been substantially amended7. In the
        interests of clarity and rationality that Directive should therefore be codified.
3
        OJ C […], […], p. […].
4
        OJ C […], […], p. […].
5
        OJ C […], […], p.[…].
6
        OJ L 307, 13.12.1993, p. 18. Directive amended by Directive 2000/34/EC of the European Parliament
        and of the Council (OJ L 195, 1.8.2000, p. 41).
7
        See Annex I, Part A.
                                                       4
 ---pagebreak---                                                          ê 2000/34/EC Recital (1)
(2) Article 137 of the Treaty provides that the Community is to support and complement
    the activities of the Member States with a view to improving the working environment
    to protect workers' health and safety. Directives adopted on the basis of that Article are
    to avoid imposing administrative, financial and legal constraints in a way which would
    hold back the creation and development of small and medium-sized undertakings.
                                                         ê 93/104/EC Recital (3) (adapted)
(3) The provisions of Council Directive 89/391/EEC of 12 June 1989 on the introduction
    of measures to encourage improvements in the safety and health of workers at work8
    remain fully applicable to the areas covered by this Directive without prejudice to
    more stringent and/or specific provisions contained herein.
                                                         ê 93/104/EC Recital (5)
(4) The improvement of workers' safety, hygiene and health at work is an objective which
    should not be subordinated to purely economic considerations.
                                                         ê 93/104/EC Recital (8) (adapted)
                                                         è1 2000/34/EC Recital (11)
(5) è1 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. ç Community
    workers must be granted minimum daily, weekly and annual periods of rest and
    adequate breaks. I It is also necessary in this context to place a maximum limit on
    weekly working hours.
                                                         ê 93/104/EC Recital (9)
(6) Account should be taken of the principles of the International Labour Organization
    with regard to the organisation of working time, including those relating to night work.
                                                         ê 93/104/EC Recital (11)
(7) Research has shown that the human body is more sensitive at night to environmental
    disturbances and also to certain burdensome forms of work organisation and that long
    periods of night work can be detrimental to the health of workers and can endanger
    safety at the workplace.
8
    OJ L 183, 29. 6. 1989, p. 1.
                                             5
 ---pagebreak---                                                            ê 93/104/EC Recital (12)
(8)  There is a need to limit the duration of periods of night work, including overtime, and
     to provide for employers who regularly use night workers to bring this information to
     the attention of the competent authorities if they so request.
                                                           ê 93/104/EC Recital (13)
(9)  It is important that night workers should be entitled to a free health assessment prior to
     their assignment and thereafter at regular intervals and that whenever possible they
     should be transferred to day work for which they are suited if they suffer from health
     problems.
                                                           ê 93/104/EC Recital (14)
(10) The situation of night and shift workers requires that the level of safety and health
     protection should be adapted to the nature of their work and that the organisation and
     functioning of protection and prevention services and resources should be efficient.
                                                           ê 93/104/EC Recital (15)
(11) Specific working conditions may have detrimental effects on the safety and health of
     workers.The organisation of work according to a certain pattern must take account of
     the general principle of adapting work to the worker.
                                                           ê 2000/34/EC        Recital    (12)
                                                           (adapted)
(12) A European Agreement in respect of the working time of seafarers has been put into
     effect by means of the Council Directive 1999/63/EC of 21 June 1999 concerning the
     Agreement on the organization of working time of seafarers concluded by the
     European Community Shipowners' Association (ECSA) and the Federation of
     Transport Workers' Unions in the European Union (FST) 9based on Article 139(2) of
     the Treaty. Accordingly, the provisions of this Directive should not apply to seafarers.
9
     OJ L 167, 2.7.1999, p. 33.
                                             6
 ---pagebreak---                                                            ê 2000/34/EC        Recital    (13)
                                                           (adapted)
(13) In the case of those “share-fishermen” who are employees, Member States should be
     given the option to determine, pursuant to this Directive, the conditions for entitlement
     to, and granting of, annual leave, including the arrangements for payments.
                                                           ê 2000/34/EC Recital (14)
(14) Specific standards laid down in other Community instruments relating, for example, to
     rest periods, working time, annual leave and night work for certain categories of
     workers should take precedence over the provisions of this Directive.
                                                           ê 93/104/EC Recital (17)
(15) In view of the question likely to be raised by the organisation of working time within
     an undertaking, it appears desirable to provide for flexibility in the application of
     certain provisions of this Directive, whilst ensuring compliance with the principles of
     protecting the safety and health of workers.
                                                           ê 93/104/EC Recital (18)
(16) It is necessary to provide that certain provisions may be subject to derogations
     implemented, according to the case, by the Member States or the two sides of industry.
     As a general rule, in the event of a derogation, the workers concerned must be given
     equivalent compensatory rest periods.
                                                           ê
(17) This Directive should not affect the obligations of the Member States concerning the
     deadlines for transposition of the Directives set out in Annex I, part B,
                                              7
 ---pagebreak---                                                               ê 93/104/EC
HAVE ADOPTED THIS DIRECTIVE:
                                       CHAPTER I
                           SCOPE AND DEFINITIONS
                                             Article 1
                                       Purpose and scope
1.       This Directive lays down minimum safety and health 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.
                                                              ê 2000/34/EC Art. 1, pt.1
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 and 18 of this Directive.
         This Directive shall not apply to seafarers, as defined in Directive 1999/63/EC
         without prejudice to Article 2(8) of this Directive.
                                                              ê 93/104/EC
4.       The provisions of Directive 89/391/EEC are fully applicable to the matters referred
         to in paragraph 2, without prejudice to more stringent and/or specific provisions
         contained in this Directive.
                                             Article 2
                                           Definitions
For the purposes of this Directive, the following definitions shall apply:
                                                 8
 ---pagebreak--- (1)  working time shall mean any period during which the worker is working, at the
     employer's disposal and carrying out his activity or duties, in accordance with
     national laws and/or practice;
(2)  rest period shall mean any period which is not working time;
(3)  night time shall mean any period of not less than seven hours, as defined by national
     law, and which must include in any case the period between midnight and 5 a.m.;
(4). night worker shall mean:
     (a)    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)  shift work shall mean any method of organizing work in shifts whereby workers
     succeed each other at the same work stations according to a certain pattern, including
     a rotating pattern, and which may be continuous or discontinuous, entailing the need
     for workers to work at different times over a given period of days or weeks;
(6)  shift worker shall mean any worker whose work schedule is part of shift work;
                                                          ê 2000/34/EC Art. 1, pt. 2
(7)  mobile worker shall mean any worker employed as a member of travelling or flying
     personnel by an undertaking which operates transport services for passengers or
     goods by road, air or inland waterway;
(8)  offshore work shall mean work performed mainly on or from offshore installations
     (including drilling rigs), directly or indirectly in connection with the exploration,
     extraction or exploitation of mineral resources, including hydrocarbons, and diving
     in connection with such activities, whether performed from an offshore installation
     or a vessel;
(9)  adequate rest shall mean that workers have regular rest periods, the duration of
     which is expressed in units of time and which are sufficiently long and continuous to
     ensure that, as a result of fatigue or other irregular working patterns, they do not
     cause injury to themselves, to fellow workers or to others and that they do not
     damage their health, either in the short term or in the longer term.
                                              9
 ---pagebreak---                                                             ê 93/104/EC
                                       CHAPTER II
    MINIMUM REST PERIODS — OTHER ASPECTS OF THE
                   ORGANISATION OF WORKING TIME
                                            Article 3
                                           Daily rest
Member States shall take the measures necessary to ensure that every worker is entitled to a
minimum daily rest period of 11 consecutive hours per 24-hour period.
                                            Article 4
                                             Breaks
Member States shall take the measures necessary to ensure that, where the working day is
longer than six hours, every worker is entitled to a rest break, the details of which, including
duration and the terms on which it is granted, shall be laid down in collective agreements or
agreements between the two sides of industry or, failing that, by national legislation.
                                            Article 5
                                      Weekly rest period
Member States shall take the measures necessary to ensure that, per each seven-day period,
every worker is entitled to a minimum uninterrupted rest period of 24 hours plus the 11 hours'
daily rest referred to in Article 3.
If objective, technical or work organisation conditions so justify, a minimum rest period of
24 hours may be applied.
                                            Article 6
                                 Maximum weekly working time
Member States shall take the measures necessary to ensure that, in keeping with the need to
protect the safety and health of workers:
(a)       the period of weekly working time is limited by means of laws, regulations or
          administrative provisions or by collective agreements or agreements between the two
          sides of industry;
                                               10
 ---pagebreak--- (b)      the average working time for each seven-day period, including overtime, does not
         exceed 48 hours.
                                            Article 7
                                         Annual leave
1.       Member States shall take the measures necessary to ensure that every worker is
         entitled to paid annual leave of at least four weeks in accordance with the conditions
         for entitlement to, and granting of, such leave laid down by national legislation
         and/or practice.
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 III
   NIGHT WORK — SHIFT WORK — PATTERNS OF WORK
                                            Article 8
                                     Length of night work
Member States shall take the measures necessary to ensure that:
(a)      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.
                                                            ê 93/104/EC (adapted)
For the purposes of point (b), work involving special hazards or heavy physical or mental
strain shall be defined by national legislation and/or practice or by collective agreements or
agreements concluded between the two sides of industry, taking account of the specific effects
and hazards of night work.
                                                11
 ---pagebreak---                                                              ê 93/104/EC
                                             Article 9
               Health assessment and transfer of night workers to day work
1.       Member States shall take the measures necessary to ensure that:
         (a)   night workers are entitled to a free health assessment before their assignment
               and thereafter at regular intervals;
         (b)   night workers suffering from health problems recognized as being connected
               with the fact that they perform night work are transferred whenever possible to
               day work to which they are suited.
2.       The free health assessment referred to in paragraph 1(a) must comply with medical
         confidentiality.
3.       The free health assessment referred to in paragraph 1(a) may be conducted within the
         national health system.
                                            Article 10
                              Guarantees for night-time working
Member States may make the work of certain categories of night workers subject to certain
guarantees, under conditions laid down by national legislation and/or practice, in the case of
workers who incur risks to their safety or health linked to night-time working.
                                            Article 11
                          Notification of regular use of night workers
Member States shall take the measures necessary to ensure that an employer who regularly
uses night workers brings this information to the attention of the competent authorities if they
so request.
                                            Article 12
                                  Safety and health protection
Member States shall take the measures necessary to ensure that:
(a)      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.
                                                12
 ---pagebreak---                                             Article 13
                                        Pattern of work
Member States shall take the measures necessary to ensure that an employer who intends to
organize work according to a certain pattern takes account of the general principle of adapting
work to the worker, with a view, in particular, to alleviating monotonous work and work at a
predetermined work-rate, depending on the type of activity, and of safety and health
requirements, especially as regards breaks during working time.
                                      CHAPTER IV
                       MISCELLANEOUS PROVISIONS
                                                             ê 2000/34/EC Art. 1, pt. 4
                                            Article 14
                            More specific Community provisions
This Directive shall not apply where other Community instruments contain more specific
requirements relating to the organisation of working time for certain occupations or
occupational activities.
                                                             ê 93/104/EC
                                            Article 15
                                 More favourable provisions
This Directive shall not affect Member States' right to apply or introduce laws, regulations or
administrative provisions more favourable to the protection of the safety and health of
workers or to facilitate or permit the application of collective agreements or agreements
concluded between the two sides of industry which are more favourable to the protection of
the safety and health of workers.
                                            Article 16
                                       Reference periods
Member States may lay down:
(a)      for the application of Article 5 (weekly rest period), a reference period not exceeding
         14 days;
                                                13
 ---pagebreak--- (b) for the application of Article 6 (maximum weekly working time), a reference period
    not exceeding four months.
    The periods of paid annual leave, granted in accordance with Article 7, and the
    periods of sick leave shall not be included or shall be neutral in the calculation of the
    average;
(c) for the application of Article 8 (length of night work), a reference period defined
    after consultation of the two sides of industry or by collective agreements or
    agreements concluded between the two sides of industry at national or regional level.
    If the minimum weekly rest period of 24 hours required by Article 5 falls within that
    reference period, it shall not be included in the calculation of the average.
                                        Article 17
                                      Derogations
                                                         ê 93/104/EC (adapted)
1.  With due regard for the general principles of the protection of the safety and health
    of workers, Member States may derogate from Articles 3 to 6, 8 and 16 when, on
    account of the specific characteristics of the activity concerned, the duration of the
    working time is not measured and/or predetermined or can be determined by the
    workers themselves, and particularly in the case of:
                                                         ê 93/104/EC
    (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.
                                                         ê 93/104/EC (adapted)
2.  Derogations provided for in paragraphs 3, 4 and 5 may be adopted by means of laws,
    regulations or administrative provisions or by means of collective agreements or
    agreements between the two sides of industry provided that the workers concerned
    are afforded equivalent periods of compensatory rest or that, in exceptional cases in
    which it is not possible, for objective reasons, to grant such equivalent periods of
    compensatory rest, the workers concerned are afforded appropriate protection.
                                            14
 ---pagebreak---                                                          ê 2000/34/EC     Art.  1,  pt.  5
                                                         (adapted)
3. In accordance with paragraph 2 of this Article derogations from Articles 3, 4, 5, 8
   and 16 shall be permitted:
   (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, residential institutions and prisons;
         (ii)   dock or airport workers;
         (iii) press, radio, television, cinematographic production, postal and
                telecommunications services, ambulance, fire and civil protection
                services;
         (iv) gas, water and electricity production, transmission and distribution,
                household refuse collection and incineration plants;
         (v)    industries in which work cannot be interrupted on technical grounds;
         (vi) research and development activities;
         (vii) agriculture;
         (viii) workers concerned with the carriage of passengers on regular urban
                transport services;
   (d)   where there is a foreseeable surge of activity, particularly in:
         (i)    agriculture;
         (ii)   tourism;
         (iii) postal services;
   (e)   in the case of persons working in railway transport:
         (i)    whose activities are intermittent;
         (ii)   who spend their working time on board trains; or
                                            15
 ---pagebreak---            (iii) whose activities are linked to transport timetables and to ensuring the
                  continuity and regularity of traffic;
                                                         ê 93/104/EC
    (f)    in the circumstances described in Article 5(4) of Directive 89/391/EEC;
    (g)    in cases of accident or imminent risk of accident.
                                                         ê 93/104/EC, (adapted)
4.  In accordance with paragraph 2 of this Article derogations from Articles 3 and 5
    shall be permitted:
    (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.
                                                         ê 2000/34/EC     Art.  1,   pt.   6
                                                         (adapted)
5. In accordance with paragraph 2 of this Article, derogations from Article 6 and
   point (b) of Article 16 shall be permitted, in the case of doctors in training, in
   accordance with the provisions set out in the second to the sixth subparagraphs of this
   paragraph.
   With respect to Article 6 derogations referred to in the first subparagraph shall be
   permitted for a transitional period of five years from 1 August 2004.
   Member States may have up to two more years, if necessary, to take account of
   difficulties in meeting the working time provisions 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 State
   concerned shall inform the Commission giving its reasons, so that the Commission
   can give an opinion, after appropriate consultations, within the three months following
   receipt of such information. If the Member State does not follow the opinion of the
   Commission, it will justify its decision. The notification and justification of the
   Member State and the opinion of the Commission shall be published in the Official
   Journal of the European Communities and forwarded to the European Parliament.
    Member States may have an additional period of up to one year, if necessary, to take
    account of special difficulties in meeting the responsibilities referred to in the third
    subparagraph. They shall follow the procedure set out in that subparagraph.
                                            16
 ---pagebreak---    Member States shall ensure that in no case will the number of weekly working hours
   exceed an average of 58 during the first three years of the transitional period, an
   average of 56 for the following two years and an average of 52 for any remaining
   period.
   The employer shall consult the representatives of the employees in good time with a
   view to reaching an agreement, wherever possible, on the arrangements applying to
   the transitional period. Within the limits set out in the fifth subparagraph, such an
   agreement may cover:
   (a)    the average number of weekly hours of work during the transitional period; and
   (b)    the measures to be adopted to reduce weekly working hours to an average of 48
          by the end of the transitional period.
   With respect to point (b) of Article 16 derogations referred to in the first
   subparagraph shall be permitted provided that the reference period does not exceed
   12 months, during the first part of the transitional period specified in the fifth
   subparagraph , and six months thereafter.
                                                        ê 93/104/EC, Art. 17 (3) and (4)
                                                        (adapted)
                                       Article 18
                       Derogations by collective agreements
1. Derogations may be made from Articles 3, 4, 5, 8 and 16 by means of collective
   agreements or agreements concluded between the two sides of industry at national or
   regional level or, in conformity with the rules laid down by them, by means of
   collective agreements or agreements concluded between the two sides of industry at
   a lower level.
   Member States in which there is no statutory system ensuring the conclusion of
   collective agreements or agreements concluded between the two sides of industry at
   national or regional level, on the matters covered by this Directive, or those Member
   States in which there is a specific legislative framework for this purpose and within
   the limits thereof, may, in accordance with national legislation and/or practice, allow
   derogations from Articles 3, 4, 5, 8 and 16 by way of collective agreements or
   agreements concluded between the two sides of industry at the appropriate collective
   level.
   The derogations provided for in the first and second subparagraphs shall be allowed
   on condition that equivalent compensating rest periods are granted to the workers
   concerned or, in exceptional cases where it is not possible for objective reasons to
   grant such periods, the workers concerned are afforded appropriate protection.
   Member States may lay down rules:
   (a)    for the application of this paragraph by the two sides of industry; and
                                           17
 ---pagebreak---    (b)    for the extension of the provisions of collective agreements or agreements
          concluded in conformity with this paragraph to other workers in accordance
          with national legislation and/or practice.
2. The option to derogate from point (b) of Article 16, provided for in paragraph 3 of
   Article 17 and in paragraph 1 of this Article, may not result in the establishment of
   a reference period exceeding six months.
   However, Member States shall have the option, subject to compliance with the
   general principles relating to the protection of the safety and health of workers, of
   allowing, for objective or technical reasons or reasons concerning the organisation of
   work, collective agreements or agreements concluded between the two sides of
   industry to set reference periods in no event exceeding 12 months.
   Before 23 November 2003, the Council shall, on the basis of a Commission proposal
   accompanied by an appraisal report, re-examine the provisions of this paragraph and
   decide what action to take.
                                                       ê 2000/34/EC Art. 1, pt. 7
                                      Article 19
                        Mobile workers and offshore work
1. Articles 3, 4, 5 and 8 shall not apply to mobile workers.
   Member States shall, however, take the necessary measures to ensure that such
   mobile workers are entitled to adequate rest, except in the circumstances laid down
   in points (f) and (g) of paragraph 3 of Article 17.
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 technical reasons or reasons concerning the
   organization of work, extend the reference period referred to in point (b) of
   Article 16 to twelve months in respect of workers who mainly perform offshore
   work.
                                                       ê 2000/34/EC    Art.   1,   pt. 7
                                                       (adapted)
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 modifications.
                                          18
 ---pagebreak---                                                        ê 2000/34/EC Art. 1, pt. 7
                                      Article 20
                   Workers on board sea-going fishing vessels
1. Articles 3 to 6 and 8 shall not apply to any worker on board a sea-going fishing
   vessel flying the flag of a Member State.
   Member States shall, however, take the necessary measures to ensure that any
   worker on board a sea-going fishing vessel flying the flag of a Member State is
   entitled to adequate rest and to limit the number of hours of work to 48 hours a week
   on average calculated over a reference period not exceeding 12 months.
2. Within the limits set out in paragraphs 1, second subparagraph, 3 and 4
   Member States shall take the necessary measures to ensure that, in keeping with the
   need to protect the safety and health of such workers,
   (a)    the working hours are limited to a maximum number of hours which shall not
          be exceeded in a given period of time; or
   (b)    a minimum number of hours of rest are provided within a given period of time.
   The maximum number of hours of work or minimum number of hours of rest shall
   be specified by law, regulations, administrative provisions or by collective
   agreements or agreements between the two sides of the industry.
3. The limits on hours of work or rest shall be either:
   (a)    maximum hours of work which shall not exceed:
          (i)   14 hours in any 24-hour period; and
          (ii)  72 hours in any seven-day period;
   or
   (b)    minimum hours of rest which shall not be less than:
          (i)   10 hours in any 24-hour period; and
          (ii)  77 hours in any seven-day period.
4. Hours of rest may be divided into no more than two periods, one of which shall be at
   least six hours in length, and the interval between consecutive periods of rest shall
   not exceed 14 hours.
5. In accordance with the general principles of the protection of the health and safety of
   workers, and for objective or technical reasons or reasons concerning the
   organization of work, Member States may allow exceptions, including the
   establishment of reference periods, to the limits laid down in paragraphs 1, second
                                          19
 ---pagebreak---    subparagraph, 3 and 4 . Such exceptions shall, as far as possible, comply with the
   standards laid down but may take account of more frequent or longer leave periods
   or the granting of compensatory leave for the workers. These exceptions may be laid
   down by means of:
   (i)    laws, regulations or administrative provisions provided there is consultation,
          where possible, of the representatives of the employers and workers concerned
          and efforts are made to encourage all relevant forms of social dialogue; or
   (ii)   collective agreements or agreements between the two sides of industry.
6. The master of a sea-going fishing vessel shall have the right to require workers on
   board to perform any hours of work necessary for the immediate safety of the vessel,
   persons on board or cargo, or for the purpose of giving assistance to other vessels or
   persons in distress at sea.
                                                        ê 2000/34/EC     Art.   1,   pt.  7
                                                        (adapted)
7. Members States may provide that workers on board sea-going fishing vessels for
   which national legislation or practice determines that these vessels are not allowed to
   operate in a specific period of the calendar year exceeding one month, shall take
   annual leave in accordance with Article 7 within that period.
                                                        ê 93/104/EC Art. 18 (adapted)
                                        Article 21
                               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 point (b)
          of Article 16, unless he has first obtained the worker's agreement to perform
          such work;
   (b)    no worker is subjected to any detriment by his employer because he is not
          willing to give his agreement to perform such work;
   (c)    the employer keeps up-to-date records of all workers who carry out such work;
   (d)    the records are placed at the disposal of the competent authorities, which may,
          for reasons connected with the safety and/or health of workers, prohibit or
          restrict the possibility of exceeding the maximum weekly working hours;
                                            20
 ---pagebreak---         (e)   the employer provides the competent authorities at their request with
              information on cases in which agreement has been given by workers to perform
              work exceeding 48 hours over a period of seven days, calculated as an average
              for the reference period referred to in point (b) of Article 16.
        Before 23 November 2003, the Council shall, on the basis of a Commission proposal
        accompanied by an appraisal report, re-examine the provisions of this paragraph and
        decide on what action to take.
2.      Member States shall have the option, as regards the application of Article 7, of
        making use of a transitional period of not more 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 granting of, such leave laid down by
              national legislation and/or practice; and
        (b)   the three-week period of paid annual leave may not be replaced by an
              allowance in lieu, except where the employment relationship is terminated.
        3.     If Member States avail themselves of the options provided for in this Article,
        they shall forthwith inform the Commission thereof.
                                           Article 22
                                      Level of Protection
Without prejudice to the right of Member States to develop, in the light of changing
circumstances, different legislative, regulatory or contractual provisions in the field of
working time, as long as the minimum requirements provided for in this Directive are
complied with, implementation of this Directive shall not constitute valid grounds for
reducing the general level of protection afforded to workers.
                                           Article 23
                                       Final Provisions
1.      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, indicating the viewpoints of the
        two sides of industry.
        The Commission shall inform the European Parliament, the Council, the Economic
        and Social Committee and the Advisory Committee on Safety, Hygiene and Health
        Protection at Work thereof.
3.      Every five years the Commission shall submit to the European Parliament, the
        Council and the Economic and Social Committee a report on the application of this
                                               21
 ---pagebreak---          Directive taking into account Articles 21 and 22 and paragraphs 1 and 2 of this
         Article.
                                                            ê 2000/34/EC Art. 3 (adapted)
                                            Article 24
   Review of the operation of the provisions with regard to workers on board sea-going
                                         fishing vessels
Not later than 1 August 2009 the Commission shall, after consulting the Member States and
management and labour at European level, review the operation of the provisions with regard
to workers on board sea-going fishing vessels, and, in particular examine whether these
provisions remain appropriate, in particular, as far as health and safety are concerned with a
view to proposing suitable amendments, if necessary.
                                                            ê 2000/34/EC Art. 4 (adapted)
                                            Article 25
   Review of the operation of the provisions with regard to workers concerned with the
                                    carriage of passengers
Not later than 1 August 2005 the Commission shall, after consulting the Member States and
management and labour at European level, review the operation of the provisions with regard
to workers concerned with the carriage of passengers on regular urban transport services, with
a view to presenting, if need be, the appropriate modifications to ensure a coherent and
suitable approach in the sector.
                                                            ê
                                            Article 26
                                             Repeal
1.       Directive 93/104/EC, as amended by the directive referred to in Annex I, Part A, is
         repealed, without prejudice to the obligations of the Member States in respect of the
         deadlines for transposition laid down in Annex I, Part B.
2.       The reference made to the said repealed directive shall be construed as references to
         this Directive and shall be read in accordance with the correlation table set out in
         Annex II.
                                                22
 ---pagebreak---                                             Article 27
                                        Entry into force
This Directive shall enter into force on 2 August 2004.
                                                            ê 93/104/EC Art.19 (adapted)
                                            Article 28
                                           Addressees
This Directive is addressed to the Member States.
Done at Brussels,
For the European Parliament                   For the Council
The President                                 The President
                                                23
 ---pagebreak---                                                           ê 2000/34/EC
             Commission statement regarding implementation of Article 17(5)
The Commission states that it intends, before giving its opinion, to consult management and
labour at the European level and representatives of the Member States with a view to
delivering its opinion three months after the Commission receives the notification from the
Member State.
                                             24
 ---pagebreak---                                                                       é
                                                 ANNEX I
                                                    Part A
                               Repealed Directive and its amendment
                                                (Article 26)
Council Directive 93/104/EC                                 (OJ L 307, 13.12.1993, p. 18)
         Directive 2000/34/EC of the European (OJ L 195, 1.8.2000, p. 41)
         Parliament and of the Council
                                                    Part B
                           Deadlines for transposition into national law
                                                (Article 26 )
                    Directive                                              Deadline for transposition
93/104/EC                                                   23 November 1996
2000/34/EC                                                  1 August 200310
                                           _____________
10
       1 August 2004 in the case of doctors in training. See Article 2 of Directive 2000/34/EC.
                                                      25
 ---pagebreak---                                       ANNEX II
                                  CORRELATION TABLE
               Directive 93/104/EC                             This Directive
Articles 1 – 5                               Articles 1 – 5
Article 6 introductory words                 Article 6 introductory words
Article 6 point 1                            Article 6 point (a)
Article 6 point 2                            Article 6 point (b)
Article 7                                    Article 7
Article 8 introductory words                 Article 8 introductory words
Article 8 point 1                            Article 8 point (a)
Article 8 point 2                            Article 8 point (b)
Article 9, 10 and 11                         Article 9, 10 and 11
Article 12 introductory words                Article 12 introductory words
Article 12 point 1                           Article 12 point (a)
Article 12 point 2                           Article 12 point (b)
Articles 13, 14 and 15                       Articles 13, 14 and 15
Article 16 introductory words                Article 16 introductory words
Article 16 point 1                           Article 16 point (a)
Article 16 point 2                           Article 16 point (b)
Article 16 point 3                           Article 16 point (c)
Article 17(1)                                Article 17(1)
Article 17(2) introductory words             Article 17(2)
Article 17(2) point 2.1.                     Article 17(3 )points (a) to (e)
Article 17(2) point 2.2.                     Article 17(3 ) points (f) to (g)
Article 17(2) point 2.3.                     Article 17(4 ) .
Article 17(2) point 2.4.                     Article 17(5 ).
Article 17(3)                                Article 18(1)
                                         26
 ---pagebreak--- Article 17(4)                               Article 18(2)
Article 17 a (1)                            Article 19(1) first subparagraph
Article 17 a(2)                             Article 19(1) second subparagraph
Article 17 a (3)                            Article 19(2)
Article 17a(4)                              Article 19(3)
Article 17 b(1)                             Article 20(1) first subparagraph
Article 17 b(2)                             Article 20(1) second subparagraph
Article 17 b (3)                            Article 20(2)
Article 17 b (4)                            Article 20(3)
Article 17 b (5)                            Article 20(4)
Article 17 b (6)                            Article 20(5)
Article 17 b (7)                            Article 20(6)
Article 17 b (8)                            Article 20(7)
Article 18(1) point (a)                     ––––––––
Article 18(1) point (b)(i)                  Article 21(1)
Article 18(1) point (b)(ii)                 Article 21(2)
Article 18(1) point (c)                     Article 21 (3)
Article 18(2)                               ––––––––
Article 18(3)                               Article 22
Article 18(4),                              Article 23 (1)
Article 18(5)                               Article 23 (2)
Article 18(6)                               Article 23 (3)
––––––––                                    Article 2411
––––––––                                    Article 2512
––––––––                                    Article 26
11
        Directive 2000/34/EC, Article 3.
12
        Directive 2000/34/EC, Article 4.
                                         27
 ---pagebreak--- ––––––––            Article 27
Article 19          Article 28
––––––––            Annex I
––––––––            Annex II
           _____________
                 28