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31993L0050

Commission Directive 93/50/EEC of 24 June 1993 specifying certain plants not listed in Annex V, part A to Council Directive 77/93/EEC, the producers of which, or the warehouses, dispatching centres in the production zones of such plants, shall be listed in an official register

Official Journal L 205 , 17/08/1993 P. 0022 - 0023 Finnish special edition: Chapter 3 Volume 51 P. 0184  Swedish special edition: Chapter 3 Volume 51 P. 0184

COMMISSION DIRECTIVE 93/50/EEC of 24 June 1993 specifying certain plants not listed in Annex V, part A to Council Directive 77/93/EEC, the producers of which, or the warehouses, dispatching centres in the production zones of such plants, shall be  listed in an official registerTHE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or to plant products and against their spread within the Community (1), as last amended by  Directive 93/19/EEC (2), and in particular Article 6 (5), and Article 6 (7), fifth indent,  Whereas, with a view to the production of certain products not listed in Annex V, part A to the said Directive, such as potatoes other than seed potatoes, or fruits of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, which are not  infested or infected by harmful organisms referred to in Directive 77/93/EEC, and to adequate monitoring by Member States of that production, it is necessary to list the producers of the abovementioned products or where it is more convenient, the  collective warehouses or dispatching centres in the production zones of these products in an official local, regional or national register;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plant Health,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Member States shall ensure that producers, or collective warehouses, or dispatching centres in the production zones of the products listed in the Annex to this Directive shall be listed in an official local, regional or national register.  Article 2  1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive on the date referred to in Article 3 (1) of Council Directive 91/683/EEC (3). They shall forthwith inform the  Commission thereof.  When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.  2. Member States shall immediately communicate to the Commission all provisions of domestic law which they adopt in the field covered by this Directive. The Commission shall inform the other Member States thereof.  Article 3  This Directive is addressed to the Member States.  Done at Brussels, 24 June 1993.  For the Commission René STEICHEN Member of the Commission (1) OJ No L 26, 31. 1. 1977, p. 20.  (2) OJ No L 96, 22. 4. 1993, p. 33.  (3) OJ No L 376, 31. 12. 1991, p. 29.    ANNEX  1. Tubers of Solanum tuberosum L., other than seed potatoes.  2. Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids.


title: Council Directive 2006/67/EC of  24 July 2006  imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products (Codified version)   (Text with EEA relevance)

text:
               8.8.2006

               EN

               Official Journal of the European Union

               L 217/8

      COUNCIL DIRECTIVE 2006/67/EC
   of 24 July 2006
   imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products
   (Codified version)
   (Text with EEA relevance)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 100 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Having regard to the opinion of the European Economic and Social Committee (2),
   Whereas:

               (1)

               Council Directive 68/414/EEC of 20 December 1968 imposing an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum products (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               Imported crude oil and petroleum products are of importance in providing the Community with supplies of energy. Any difficulty, even temporary, having the effect of reducing supplies of such products imported from third States, or significantly increasing the price thereof on international markets, could cause serious disturbances in the economic activity of the Community. The Community must therefore be in a position to offset or at least to diminish any harmful effects in such a case.

               (3)

               A crisis in obtaining supplies could occur unexpectedly and it is therefore essential to establish forthwith the necessary means to make good a possible shortage.

               (4)

               To this end, it is necessary to increase the security of supply for crude oil and petroleum products in Member States by establishing and maintaining minimum stocks of the most important petroleum products.

               (5)

               It is necessary that the organisational arrangements for oil stocks do not prejudice the smooth running of the internal market.

               (6)

               In Directive 73/238/EEC (5) the Council decided upon appropriate measures — including drawing on oil stocks — to be taken in the event of difficulties in the supply of crude oil and petroleum products to the Community; Member States have undertaken similar obligations in the Agreement on an ‘International Energy Programme’.

               (7)

               It is necessary that stocks be at the disposal of Member States should difficulties in oil supply arise. Member States should possess the powers and the capacity to control the use of stocks so that they can be made available promptly for the benefit of the areas which most need oil supplies.

               (8)

               Organisational arrangements for the maintenance of stocks should ensure the stocks' availability and their accessibility to the consumer.

               (9)

               It is appropriate that organisational arrangements for the maintenance of stocks are transparent, ensuring a fair and non-discriminatory sharing of the burden of the stock-holding obligation. Therefore, information relating to the cost of holding oil stocks may be made available by Member States to interested parties.

               (10)

               In order to organise the maintenance of stocks, Member States may have recourse to a system based on a stockholding body or entity which will hold all, or part, of the stocks making up their stock-holding obligation. The balance, if any, should be maintained by refiners and other market operators. Partnership between the Government and the industry is essential to operate efficient and reliable stock-holding mechanisms.

               (11)

               Indigenous production contributes in itself to security of supply. The oil market evolution can justify an appropriate derogation from the obligation to maintain oil stocks for Member States with indigenous oil production. In accordance with the principle of subsidiarity, Member States may exempt undertakings from the obligation to maintain stocks in respect of an amount not exceeding the quantity of products which those undertakings manufacture from indigenously produced crude oil.

               (12)

               It is appropriate to adopt approaches which are already followed by the Community and the Member States within their international obligations and agreements. Owing to changes in the pattern of oil consumption, international aviation bunkers have become an important component of this consumption.

               (13)

               There is a need to adapt and simplify the Community statistical reporting mechanism concerning oil stocks.

               (14)

               Oil stocks can, in principle, be held anywhere in the Community and, therefore, it is appropriate to facilitate the establishment of stocks outside national territory. It is necessary that decisions for holding stocks outside national territory be taken by the Government of the Member State concerned according to its needs and supply security considerations. In the case of stocks held at the disposal of another undertaking, or body/entity, more detailed rules are needed to guarantee their availability and accessibility in the event of oil supply difficulties.

               (15)

               It is desirable, in order to ensure the smooth running of the internal market, to promote the use of agreements between Member States concerning minimum stockholding in order to further the use of storage facilities in other Member States. It is for the Member States concerned to take the decision to conclude such agreements.

               (16)

               It is appropriate to reinforce the administrative supervision of stocks and establish efficient mechanisms for the control and verification of stocks. A regime of sanctions is necessary to impose such a control.

               (17)

               The Council should be regularly informed on the state of the security stocks in the Community.

               (18)

               Since the objective of the action to be taken, namely the maintenance of a high level of security in the supply of crude oil within the Community, by means of reliable and transparent arrangements based on solidarity between Member States, while complying with the rules of the internal market and the competition rules, may 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 Article, this Directive does not go beyond what is necessary in order to achieve that objective.

               (19)

               This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex I, Part B,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   1.   Member States shall adopt such laws, regulations or administrative provisions as may be appropriate in order to maintain within the Community at all times, subject to the provisions of Article 10, their stocks of petroleum products at a level corresponding, for each of the categories of petroleum products listed in Article 2, to at least 90 days average daily internal consumption in the preceding calendar year referred to in Article 4(2).
   2.   That part of internal consumption met by derivatives of petroleum produced indigenously by the Member State concerned may be deducted up to a maximum of 25 % of the said consumption. The domestic distribution of the result of such a deduction shall be decided by the Member State concerned.
   Article 2
   The following categories of product shall be taken into account in calculating internal consumption:

               (a)

               motor spirit and aviation fuel (aviation spirit and jet-fuel of the gasoline type);

               (b)

               gas oil, diesel oil, kerosene and jet-fuel of the kerosene type;

               (c)

               fuel oils.

         Bunker supplies for sea-going vessels shall not be included in the calculation of internal consumption.
   Article 3
   1.   Stocks maintained in accordance with Article 1 shall be fully at the disposal of Member States should difficulties arise in obtaining oil supplies. Member States shall ensure that they have the legal powers to control the use of stocks in such circumstances.
   At all other times, Member States shall ensure the availability and accessibility of these stocks. They shall establish arrangements allowing for the identification, accounting and control of the stocks.
   2.   Member States shall ensure that fair and non-discriminatory conditions apply in their stock-holding arrangements.
   The cost burden resulting from the maintenance of stocks in accordance with Article 1 shall be identified by transparent arrangements. In this context, Member States may adopt measures to obtain appropriate information regarding the cost burden of stock-holding in accordance with Article 1 and to make such information available to interested parties.
   3.   To fulfil the requirements of paragraphs 1 and 2, Member States may decide to have recourse to a stock-holding body or entity which will be responsible for holding all or part of the stocks.
   Two or more Member States may decide to have recourse to a joint stock-holding body or entity. In that case they shall be jointly responsible for the obligations deriving from this Directive.
   Article 4
   1.   Member States shall submit to the Commission a statistical summary showing stocks existing at the end of each month, drawn up in accordance with Article 5(2) and (3) and Article 6 and specifying the number of days of average consumption in the preceding calendar year which those stocks represent. This summary shall be submitted at the latest by the 25th day of the second month after the month to be reported.
   2.   A Member State's stock-holding obligation shall be based on the previous calendar year's internal consumption. At the beginning of each calendar year, Member States shall re-calculate their stock-holding obligation at the latest by 31 March in each year and ensure that they comply with their new obligations as soon as possible and, in any event, at the latest by 31 July in each year.
   3.   In the statistical summary, stocks of jet-fuel of the kerosene type shall be reported separately under the category referred to in point (b) of Article 2.
   Article 5
   1.   Stocks required to be maintained by Article 1 may be maintained in the form of crude oil and intermediate products, as well as in the form of finished products.
   2.   In the statistical summary of stocks existing at the end of each month:

               (a)

               finished products shall be accounted for according to their actual tonnage;

               (b)

               crude oil and intermediate products shall be accounted for:

                           (i)

                           in the proportions of the quantities for each category of product obtained during the preceding calendar year from the refineries of the Member State concerned; or

                           (ii)

                           on the basis of the production programmes of the refineries of the Member State concerned for the current year; or

                           (iii)

                           on the basis of the ratio between the total quantity manufactured during the preceding calendar year in the Member State concerned of products covered by the obligation to maintain stocks and the total amount of crude oil used during that year, up to a maximum of 40 % of the total obligation for the first and second categories (petrol and gas oils), and up to a maximum of 50 % for the third category (fuel oils).

         3.   Blending components, when intended for processing into the finished products listed in Article 2, may be substituted for the products for which they are intended.
   Article 6
   1.   When the level of minimum stocks provided for in Article 1 is calculated, only those quantities which would be held in accordance with Article 3(1) shall be included in the statistical summary.
   2.   Subject to the provisions of paragraph 1, the following may be included in the stocks:

               (a)

               supplies on board oil tankers in port for the purpose of discharging, once the port formalities have been completed;

               (b)

               supplies held in ports of discharge;

               (c)

               supplies held in tanks at the entry to oil pipelines;

               (d)

               supplies held in refinery tanks, excluding those supplies in pipes and refining plant;

               (e)

               supplies held in storage by refineries and by importing, storage or wholesale distribution firms;

               (f)

               supplies held in storage by large-scale consumers in compliance with the provisions of national law concerning the obligation to maintain permanent stocks;

               (g)

               supplies held in barges and coasting-vessels engaging in transport within national frontiers, on condition that it is possible for the competent authorities to keep a check on such supplies and provided that the supplies can be made available immediately.

         3.   The following shall, in particular, be excluded from the statistical summary: indigenous crude oil not yet extracted; supplies intended for the bunkers of sea-going vessels; supplies in direct transit apart from the stocks referred to in Article 7(1); supplies in pipelines, in road tankers and rail tank-wagons, in the storage tanks of retail outlets, and those held by small consumers.
   Quantities held by the armed forces and those held for them by the oil companies shall also be excluded from the statistical summary.
   Article 7
   1.   For the purposes of implementing this Directive, stocks may be established, under agreements between Governments, within the territory of a Member State for the account of undertakings, or bodies/entities, established in another Member State. It is for the Government of the Member State concerned to decide whether to hold a part of its stocks outside its national territory.
   The Member State on whose territory the stocks are held under the framework of such an agreement shall not oppose the transfer of these stocks to the other Member States for the account of which stocks are held under that agreement; it shall keep a check on such stocks in accordance with the procedures specified in that agreement but shall not include them in its statistical summary. The Member State on whose behalf the stocks are held may include them in its statistical summary.
   Together with the statistical summary, each Member State shall send a report to the Commission concerning the stocks maintained within its own territory for the benefit of another Member State, as well as the stocks held in other Member States for its own benefit. In both cases, the storage locations and/or companies holding the stocks, quantities and product category — or crude oil — stored will be indicated in the report.
   2.   Drafts of the agreements mentioned in the first subparagraph of paragraph 1 shall be sent to the Commission, which may make its comments known to the Governments concerned. The agreements, once concluded, shall be notified to the Commission, which shall make them known to the other Member States.
   Agreements shall satisfy the following conditions:

               (a)

               they must relate to crude oil and to all petroleum products covered by this Directive;

               (b)

               they must lay down conditions and arrangements for the maintenance of stocks with the aim of safeguarding control and availability of these stocks;

               (c)

               they must specify the procedures for checking and identifying the stocks provided for, inter alia, the methods for carrying out and cooperating on inspections;

               (d)

               they must as a general rule be concluded for an unlimited period;

               (e)

               they must state that, where provision is made for unilateral termination, the latter shall not operate in the event of a supply crisis and that, in any event, the Commission shall receive prior information of any termination.

         3.   When stocks established under such agreements are not owned by the undertaking, or body/entity, which has an obligation to hold stocks, but are held at the disposal of this undertaking, or body/entity, by another undertaking, or body/entity, the following conditions shall be met:

               (a)

               the beneficiary undertaking, or body/entity, must have the contractual right to acquire these stocks throughout the period of the contract; the methodology for establishing the price of such acquisition must be agreed between the parties concerned;

               (b)

               the minimum period of such a contract must be 90 days;

               (c)

               storage location and/or companies holding the stocks at the disposal of the beneficiary undertaking, or body/entity, as well as quantity and category of product, or crude oil, stored in that location must be specified;

               (d)

               the actual availability of the stocks for the beneficiary undertaking, or body/entity, must be guaranteed, at all times throughout the period of the contract, by the undertaking or body/entity holding the stocks at the disposal of the beneficiary undertaking, or body/entity;

               (e)

               the undertaking, or body/entity, holding the stocks at the disposal of the beneficiary undertaking, or body/entity, must be one which is subject to the jurisdiction of the Member State on whose territory the stocks are situated insofar as the legal powers of that Member State to control and verify the existence of the stocks are concerned.

         Article 8
   Member States shall adopt all the necessary provisions and take all the necessary measures to ensure control and supervision of stocks. They shall put in place mechanisms to verify the stocks according to the provisions of this Directive.
   Article 9
   Member States shall determine the penalties applicable to breaches of the national provisions adopted pursuant to this Directive and shall take any measure necessary to ensure the implementation of these provisions. The penalties shall be effective, proportionate and dissuasive.
   Article 10
   1.   If difficulties arise with regard to Community oil supplies, the Commission shall, at the request of any Member State or on its own initiative, arrange a consultation between the Member States.
   2.   Save in cases of particular urgency or in order to meet minor local needs, Member States shall refrain, prior to the consultation provided for in paragraph 1, from drawing on their stocks to any extent which would reduce those stocks to below the compulsory minimum level.
   3.   Member States shall inform the Commission of any withdrawals from their reserve stocks and shall communicate as soon as possible:

               (a)

               the date upon which stocks fell below the compulsory minimum;

               (b)

               the reasons for such withdrawals;

               (c)

               the measures, if any, taken to replenish stocks;

               (d)

               an appraisal, if possible, of the probable development of the situation with regard to the stocks while they remain below the compulsory minimum.

         Article 11
   The Commission shall submit regularly to the Council a report on the situation concerning stocks in the Community, including if appropriate on the need for harmonisation in order to ensure effective control and supervision of stocks.
   Article 12
   Directive 68/414/EEC shall be repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and implementation of the Directives set out in Annex I, Part B.
   References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex II.
   Article 13
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 14
   This Directive is addressed to the Member States.

      Done at Brussels, 24 July 2006.

            For the Council

            The President

         M. PEKKARINEN

      (1)  OJ C 226 E, 15.9.2005, p. 44.

      (2)  OJ C 112, 30.4.2004, p. 39.

      (3)  OJ L 308, 23.12.1968, p. 14. Directive as last amended by Directive 98/93/EC (OJ L 358, 31.12.1998, p. 100).

      (4)  See Annex I, Part A.

      (5)  OJ L 228, 16.8.1973, p. 1.

      ANNEX I
      PART A
      Repealed Directive with its amending acts

                  Council Directive 68/414/EEC

                  (OJ L 308, 23.12.1968, p. 14)

                  Council Directive 72/425/EEC

                  (OJ L 291, 28.12.1972, p. 154)

                  Council Directive 98/93/EC

                  (OJ L 358, 31.12.1998, p. 100)

      PART B
      List of time-limits for transposition into national law
      (referred to in Article 12)

                  Directives

                  Time-limit for transposition

                  Date of application

                  68/414/EEC

                  1 January 1971

                  1 January 1971

                  98/93/EC

                  1 January 2000 (1)

         (1)  1 January 2003 for the Hellenic Republic as regards the obligations of Directive 98/93/EC in relation to the inclusion of bunker supplies for international aviation in the calculation of internal consumption. See Article 4 of Directive 98/93/EC.

      ANNEX II
      Correlation table

                  Directive 68/414/EEC

                  This Directive

                  Article 1

                  Article 1

                  Article 2, first paragraph, introductory wording

                  Article 2, first subparagraph, introductory wording

                  Article 2, first paragraph, first indent

                  Article 2, first subparagraph, point (a)

                  Article 2, first paragraph, second indent

                  Article 2, first subparagraph, point (b)

                  Article 2, first paragraph, third indent

                  Article 2, first subparagraph, point (c)

                  Article 2, second paragraph

                  Article 2, second subparagraph

                  Article 3

                  Article 3

                  Article 4, first paragraph

                  Article 4(1)

                  Article 4, second paragraph

                  Article 4(2)

                  Article 4, third paragraph

                  Article 4(3)

                  Article 5, first paragraph

                  Article 5(1)

                  Article 5, second paragraph, introductory wording, first part of sentence

                  Article 5(2), introductory wording

                  Article 5, second paragraph, introductory wording, second part of sentence

                  Article 5(2)(a)

                  Article 5, second paragraph, introductory wording, third part of sentence

                  Article 5(2)(b) introductory wording

                  Article 5, second paragraph, first indent

                  Article 5(2)(b)(i)

                  Article 5, second paragraph, second indent

                  Article 5(2)(b)(ii)

                  Article 5, second paragraph, third indent

                  Article 5(2)(b)(iii)

                  Article 5, third paragraph

                  Article 5(3)

                  Article 6(1)

                  Article 6(1)

                  Article 6(2), first subparagraph

                  Article 7(1), first subparagraph

                  Article 6(2), second subparagraph

                  Article 7(1), second subparagraph

                  Article 6(2), third subparagraph

                  Article 7(1), third subparagraph

                  Article 6(2), fourth subparagraph

                  Article 7(2), first subparagraph

                  Article 6(2), fifth subparagraph, introductory wording

                  Article 7(2), second subparagraph, introductory wording

                  Article 6(2), fifth subparagraph, first indent

                  Article 7(2), second subparagraph, point (a)

                  Article 6(2), fifth subparagraph, second indent

                  Article 7(2), second subparagraph, point (b)

                  Article 6(2), fifth subparagraph, third indent

                  Article 7(2), second subparagraph, point (c)

                  Article 6(2), fifth subparagraph, fourth indent

                  Article 7(2), second subparagraph, point (d)

                  Article 6(2), fifth subparagraph, fifth indent

                  Article 7(2), second subparagraph, point (e)

                  Article 6(2), sixth subparagraph, introductory wording

                  Article 7(3), introductory wording

                  Article 6(2), sixth subparagraph, first indent

                  Article 7(3)(a)

                  Article 6(2), sixth subparagraph, second indent

                  Article 7(3)(b)

                  Article 6(2), sixth subparagraph, third indent

                  Article 7(3)(c)

                  Article 6(2), sixth subparagraph, fourth indent

                  Article 7(3)(d)

                  Article 6(2), sixth subparagraph, fifth indent

                  Article 7(3)(e)

                  Article 6(3), first subparagraph, introductory wording

                  Article 6(2), introductory wording

                  Article 6(3), first subparagraph, first indent

                  Article 6(2)(a)

                  Article 6(3), first subparagraph, second indent

                  Article 6(2)(b)

                  Article 6(3), first subparagraph, third indent

                  Article 6(2)(c)

                  Article 6(3), first subparagraph, fourth indent

                  Article 6(2)(d)

                  Article 6(3), first subparagraph, fifth indent

                  Article 6(2)(e)

                  Article 6(3), first subparagraph, sixth indent

                  Article 6(2)(f)

                  Article 6(3), first subparagraph, seventh indent

                  Article 6(2)(g)

                  Article 6(3), second subparagraph, first sentence

                  Article 6(3), first subparagraph

                  Article 6(3), second subparagraph, second sentence

                  Article 6(3), second subparagraph

                  Article 6a

                  Article 8

                  Article 6b

                  Article 9

                  Article 7, first paragraph

                  Article 10(1)

                  Article 7, second paragraph

                  Article 10(2)

                  Article 7, third paragraph, introductory wording

                  Article 10(3), introductory wording

                  Article 7, third paragraph, first indent

                  Article 10(3)(a)

                  Article 7, third paragraph, second indent

                  Article 10(3)(b)

                  Article 7, third paragraph, third indent

                  Article 10(3)(c)

                  Article 7, third paragraph, fourth indent

                  Article 10(3)(d)

                  Article 8

                  —

                  —

                  Article 11

                  —

                  Article 12

                  —

                  Article 13

                  Article 9

                  Article 14

                  —

                  Annex I

                  —

                  Annex II


Avis juridique important

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31993L0104

Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organization of working time

Official Journal L 307 , 13/12/1993 P. 0018 - 0024

COUNCIL DIRECTIVE 93/104/EC of 23 November 1993 concerning certain aspects of the organization of working timeTHE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 118a thereof,  Having regard to the proposal from the Commission(1) ,  In cooperation with the European Parliament(2) ,  Having regard to the opinion of the Economic and Social Committee(3) ,  Whereas Article 118a of the Treaty provides that the Council shall adopt, by means of directives, minimum requirements for encouraging improvements, especially in the working environment, to ensure a better level of protection of the safety and health  of workers;  Whereas, under the terms of that Article, those directives 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;  Whereas the provisions of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(4)  are fully applicable to the areas covered by this Directive without  prejudice to more stringent and/or specific provisions contained therein;  Whereas the Community Charter of the Fundamental Social Rights of Workers, adopted at the meeting of the European Council held at Strasbourg on 9 December 1989 by the Heads of State or of Government of 11 Member States, and in particular points 7, first  subparagraph, 8 and 19, first subparagraph, thereof, declared that:  '7.  The completion of the internal market must lead to an improvement in the living and working conditions of workers in the European Community. This process must result from an approximation of these conditions while the improvement is being  maintained, as regards in particular the duration and organization of working time and forms of employment other than open-ended contracts, such as fixed-term contracts, part-time working, temporary work and seasonal work.  8.  Every worker in the European Community shall have a right to a weekly rest period and to annual paid leave, the duration of which must be progressively harmonized in accordance with national practices.  19.  Every worker must enjoy satisfactory health and safety conditions in his working environment. Appropriate measures must be taken in order to achieve further harmonization of conditions in this area while maintaining the improvements made.';  Whereas the improvement of workers' safety, hygiene and health at work is an objective which should not be subordinated to purely economic considerations;  Whereas this Directive is a practical contribution towards creating the social dimension of the internal market;  Whereas laying down minimum requirements with regard to the organization of working time is likely to improve the working conditions of workers in the Community;  Whereas, in order to ensure the safety and health of Community workers, the latter must be granted minimum daily, weekly and annual periods of rest and adequate breaks; whereas it is also necessary in this context to place a maximum limit on weekly  working hours;  Whereas account should be taken of the principles of the International Labour Organization with regard to the organization of working time, including those relating to night work;  Whereas, with respect to the weekly rest period, due account should be taken of the diversity of cultural, ethnic, religious and other factors in the Member States; whereas, in particular, it is ultimately for each Member State to decide whether Sunday  should be included in the weekly rest period, and if so to what extent;  Whereas research has shown that the human body is more sensitive at night to environmental disturbances and also to certain burdensome forms of work organization and that long periods of night work can be detrimental to the health of workers and can  endanger safety at the workplace;  Whereas 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;  Whereas 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;  Whereas 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 organization and functioning of protection and prevention services and resources should  be efficient;  Whereas specific working conditions may have detrimental effects on the safety and health of workers; whereas the organization of work according to a certain pattern must take account of the general principle of adapting work to the worker;  Whereas, given the specific nature of the work concerned, it may be necessary to adopt separate measures with regard to the organization of working time in certain sectors or activities which are excluded from the scope of this Directive;  Whereas, in view of the question likely to be raised by the organization 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;  Whereas 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; whereas, as a general rule, in the event of a derogation, the workers  concerned must be given equivalent compensatory rest periods,  HAS ADOPTED THIS DIRECTIVE:   SECTION I SCOPE AND DEFINITIONS   Article 1  Purpose and scope 1.  This Directive lays down minimum safety and health requirements for the organization of working time.  2.  This Directive applies to:  (a) minimum periods of daily rest, weekly rest and annual leave, to breaks and maximum weekly working time; and (b) certain aspects of night work, shift work and patterns of work.  3.  This Directive shall apply to all sectors of activity, both public and private, within the meaning of Article 2 of Directive 89/391/EEC, without prejudice to Article 17 of this Directive, with the exception of air, rail, road, sea, inland waterway  and lake transport, sea fishing, other work at sea and the activities of doctors in training;  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:  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.   SECTION II MINIMUM REST PERIODS - OTHER ASPECTS OF THE ORGANIZATION 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.  The minimum rest period referred to in the first subparagraph shall in principle include Sunday.  If objective, technical or work organization 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:  1. 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;  2. 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.   SECTION III NIGHT WORK - SHIFT WORK - PATTERNS OF WORK   Article 8  Length of night work Member States shall take the measures necessary to ensure that:  1. normal hours of work for night workers do not exceed an average of eight hours in any 24-hour period;  2. night workers whose work involves special hazards or heavy physical or mental strain do not work more than eight hours in any period of 24 hours during which they perform night work.  For the purposes of the aforementioned, 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.   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:  1. night workers and shift workers have safety and health protection appropriate to the nature of their work;  2. appropriate protection and prevention services or facilities with regard to the safety and health of night workers and shift workers are equivalent to those applicable to other workers and are available at all times.   Article 13  Pattern of work Member States shall take the measures necessary to ensure that an employer who intends to 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.   SECTION IV MISCELLANEOUS PROVISIONS   Article 14  More specific Community provisions The provisions of this Directive shall not apply where other Community instruments contain more specific requirements concerning certain occupations or occupational activities.   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:  1. for the application of Article 5 (weekly rest period), a reference period not exceeding 14 days;  2. 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;  3. 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 1.  With due regard for the general principles of the protection of the safety and health of workers, Member States may derogate from Article 3, 4, 5, 6, 8 or 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:  (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.  2.  Derogations 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:  2.1. from Articles 3, 4, 5, 8 and 16:  (a) in the case of activities where the worker's place of work and his place of residence are distant from one another 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, 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;  (d) where there is a foreseeable surge of activity, particularly in:  (i) agriculture;  (ii)  tourism;  (iii) postal services;  2.2. from Articles 3, 4, 5, 8 and 16:  (a) in the circumstances described in Article 5 (4) of Directive 89/391/EEC;  (b) in cases of accident or imminent risk of accident;  2.3. from Articles 3 and 5:  (a) in the case of shift work activities, each time the worker changes shift and cannot take daily and/or weekly rest periods between the end of one shift and the start of the next one;  (b) in the case of activities involving periods of work split up over the day, particularly those of cleaning staff.  3.  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:  - for the application of this paragraph by the two sides of industry, and - 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.  4.  The option to derogate from point 2 of Article 16, provided in paragraph 2, points 2.1. and 2.2. and in paragraph 3 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 organization of  work, collective agreements or agreements concluded between the two sides of industry to set reference periods in no event exceeding 12 months.  Before the expiry of a period of seven years from the date referred to in Article 18 (1) (a), 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.   Article 18  Final provisions 1. (a) Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive by 23 November 1996, or shall ensure by that date that the two sides of industry establish the necessary measures by agreement,  with Member States being obliged to take any necessary steps to enable them to guarantee at all times that the provisions laid down by this Directive are fulfilled.  (b) (i) However, 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:  - 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 2 of Article 16, unless he has first obtained the worker's agreement to perform such work,  - no worker is subjected to any detriment by his employer because he is not willing to give his agreement to perform such work,  - the employer keeps up-to-date records of all workers who carry out such work,  - 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,  - 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 2 of Article 16.  Before the expiry of a period of seven years from the date referred to in (a), the Council shall, on the basis of a Commission proposal accompanied by an appraisal report, re-examine the provisions of this point (i) and decide on what action to take.  (ii) Similarly, 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 the date referred to in (a), provided that during that transitional period:  - 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 - the three-week period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated.  (c) Member states shall forthwith inform the Commission thereof.  2.  When Member States adopt the measures referred to in paragraph 1, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall  be laid down by the Member states.  3.  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.  4.  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.  5.  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.  6.  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 Directive taking into account paragraphs 1, 2, 3, 4 and 5.   Article 19  This Directive is addressed to the Member States.  Done at Brussels, 23 November 1993.  For the Council The President M. SMET  (1) OJ No C 254, 9. 10. 1990, p. 4.  (2) OJ No C 72, 18. 3. 1991, p. 95; and Decision of 27 October 1993 (not yet published in the Official Journal).  (3) OJ No C 60, 8. 3. 1991, p. 26.  (4) OJ No L 183, 29. 6. 1989, p. 1.