(2004/C 65 E/261)

WRITTEN QUESTION P-2913/03

by Claude Moraes (PSE) to the Commission

(29 September 2003)

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

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

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

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

Answer given by Mrs Diamantopoulou on behalf of the Commission

(27 October 2003)

Directive 2000/34/EC (2) was adopted with a view to covering sectors and activities which had been excluded from the scope of Directive 93/104/EC (3), for example offshore work. Member States were to adopt laws, regulations and administrative provisions in order to comply with this Directive by no later than 1 August 2003 (1 August 2004 for doctors in training).

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

Directive 2000/34/EC includes offshore work among those activities for which Article 17, paragraph 2.1, of Directive 93/104/EC allows Member States to derogate from Articles 3 (daily rest), 4 (breaks), 5 (weekly rest), 8 (duration of night work) and 16 (reference periods), provided that the workers concerned are afforded equivalent periods of compensatory rest or that, in exceptional cases in which it is not possible, for objective reasons, to grant such equivalent periods of compensatory rest, the workers concerned are afforded appropriate protection.

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

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

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

(1)  OJ L 195, 1.8.2000, p. 41.

(2)  Directive 2000/34/EC of the European Parliament and of the Council of 22 June 2000 amending Council Directive 93/104/EC concerning certain aspects of the organisation of working time to cover sectors and activities excluded from that Directive, OJ L 195, 1.8.2000.

(3)  Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time, OJ L 307, 13.12.1993.