EUR-Lex - 31996Y0919(02) - EN Avis juridique important | 31996Y0919(02) Council Resolution of 20 June 1994 on limitation on admission of third-country nationals to the territory of the Member States for employment Official Journal C 274 , 19/09/1996 P. 0003 - 0006 ANNEX I.1COUNCIL RESOLUTION of 20 June 1994 on limitations on admission of third-country nationals to the territory of the Member States for employment THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article K.1 thereof, HEREBY ADOPTS THIS RESOLUTION: A. General considerations on policy (i) The Council recalls that, in the report adopted by the European Council held in Maastricht in 1991, priority was given to the harmonization of policies on admission for work as an employed or self-employed person, although it was emphasized that these policies should of necessity be restrictive. (ii) The Council acknowledges the contribution of migrant workers to the economic development of their respective host countries. At present, however, no Member State is pursuing an active immigration policy. All States have, on the contrary, curtailed the possibility of permanent legal immigration for economic, social and thus political reasons. Admission for temporary employment may therefore be considered only in terms of what is purely exceptional. (iii) The Council recognizes that the present high levels of unemployment in the Member States increase the need to bring Community employment preference properly into practice by making full use of the Eures system to improve the transparency of the labour markets and facilitate placement within the European Community. The Council further recognizes that the provisions within the European Community. The Council further recognizes that the provisions of the EC Treaty and the EEA Agreement enable job vacancies to be filled as far as possible by nationals of other Member States or of Member States or of EFTA countries which are parties to the EEA Agreement. (iv) The Council agreed not to regulate via this resolution the issue of third-country nationals lawfully resident on a permanent basis in the territory of a Member State, but who have no right of admission and residence in another Member State. It agreed to examine the matter at a later date. (v) Member States reserve the right to allow, in accordance with their national law, the spouse and dependent children to accompany persons admitted in accordance with this resolution. (vi) In the light of these considerations, the Council resolves that the present restrictive measures should be continued and where necessary reinforced as regards the admission of third-country nationals for employment. To this end, the Council agrees that the national policies of Member States in respect of third-country nationals seeking admission to, or permission to remain in, their territories for employment should be governed by the principles set out below, which may not be relaxed by Member States in their national legislation. It agrees to have regard to these principles in any proposals for the revision of national legislation. The Member States will further endeavour to seek to ensure by 1 January 1996 that national legislation is in conformity with such principles. The principles are not legally binding on the Member States and do not afford a ground for action by individual workers or employers. B. Persons to whom this resolution does not apply The harmonization principles do not apply to: - persons who have right of free movement under Community law, i.e. nationals of Member States, nationals of EFTA countries parties to the Agreement on the European Economic Area and members of their families, - third-country nationals who have been allowed admission for the purpose of family reunification to join nationals of a Member State or of a third country resident in the Member State concerned, - third-country nationals whose access to employment is covered by rights stemming from agreements governed by Community law concluded with third countries, - persons undertaking casual work in the course of youth exchange or youth mobility schemes, including 'au pairs`, - persons entering Member States in order to pursue economic activities as self-employed persons or to set up and/or manage a business/undertaking which they effectively control. Such persons will be governed by the principles to be set out in a draft resolution covering the self-employed; - persons who are lawfully present in a Member State as: - refugees under the terms of the Geneva Convention, - applicants for asylum, - third-country nationals admitted for asylum, - displaced persons who are temporarily admitted, - persons exceptionally allowed to stay on humanitarian grounds. C. Principles governing Member States' policies (i) General criteria - Member States will refuse entry to their territories of third-country nationals for the purpose of employment, - Member States will consider requests for admission to their territories for the purpose of employment only where vacancies in a Member State cannot be filled by national and Community manpower or by non-Community manpower lawfully resident on a permanent basis in that Member State and already forming part of the Member State's regular labour market. In this context they will apply the procedure laid down in Part II of Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (1), in the light of Commission Decision 93/569/EEC (2) on the implementing of the Regulation, in particular with regard to Article 15 (16); - without prejudice to the application of the above two criteria, third-country nationals may, if necessary, be admitted on a temporary basis and for a specific duration to the territory of a Member State for the purpose of employment where: - such an offer is made to a named worker or named employee of a service provider and is of a special nature in view of the requirement of specialist qualifications (professional qualifications, experience, etc.), - an employer offers named workers vacancies only where the competent authorities consider, if appropriate, that the grounds adduced by the employer, including the nature of the qualifications required, are justified in view of a temporary manpower shortage on the national or Community labour market which significantly affects the operation of the undertaking or the employer himself, - vacancies are offered to: - seasonal workers, whose numbers are strictly controlled on admission to the territory of the Member States and who undertake well-defined jobs, normally fulfilling a traditional need in the Member State in question. Member States will restrict the admission of these workers to cases where there is no reason to believe that the persons concerned will seek to stay within their territory on a permanent basis, - trainees, - frontier workers, - the persons concerned are intra-corporate transferees being transferred temporarily by the company as key personnel. (ii) Procedure for admission employment A third-country national will not be admitted for employment unless prior authorization has been given for him to take up employment in the territory of the Member State concerned. Such prior authorization may be in the form of a work permit issued either to the employer or to the employee. In addition, third-county nationals must also be in possession of any necessary visa or, if the Member State concerned so requires, of a residence permit. (iii) Restrictions as to the scope of employment Initial authorization for employment will normally be restricted to employment in a specific job with a specified employer. (iv) Restrictions as to the period of admission for employment A seasonal worker will be admitted for a maximum of six months in any 12-month period, and must remain outside the territories of the Member States for a period of at least six months before being readmitted for employment. Trainees will be admitted for a maximum period of one year in the first instance. This period may be fixed at more than a year and extended exclusively for the time needed to obtain a professional qualification recognized by the Member State concerned in the sphere of their activity. Other third-country nationals admitted to the territories of the Member States for employment will only be admitted for a period not exceeding four years in the first instance. (v) Applications to extend a stay for the purpose of employment A person already present in the territory of a Member State as a visitor or student will not in principle be permitted to extend his stay for the purpose of taking or seeking employment. Such persons must return to their own countries on conclusion of their visit or studies. In principle, a person admitted as a trainee or service provider or employee of a service provider will not be permitted to extend his stay in authorized employment except in order to complete the training or activity under contract for which he was admitted. A seasonal worker will not be permitted to extend his stay for the purpose of taking employment of a different type. An extension of the period of his stay may be authorized to allow him to complete the work for which the original authorization was granted. However, the total length of his stay may not exceed six months in any 12-month period. Other workers may be permitted to extend their period to stay in authorized employment, but only if the criteria originally applied to the decision on whether to admit them for authorized employment continue to be met, in any event when the first extension is granted. The Member States will examine the desirability of issuing a permanent residence permit to third-country nationals who have had restrictions on their employment lifted. (vi) Business visitors Nothing in these principles prevents a Member State from admitting as workers third-country nationals not residing in the territory of a Member State who are seeking entry in particular to: - negotiate for the supply of goods or services, - deliver goods or assemble machinery manufactured in a third country as part of a supply contract, provided that such persons will be dealing only with businesses in the territory of the Member State and not with the general public and that any one visit and possibly the work permit do not exceed six months. (vii) Third countries with close links with a Member State Nothing in these principles prevents a Member State from continuing to admit third-country nationals to its territory for the purpose of employment pursuant to arrangements concluded by that Member State by the date of adoption of this resolution for nationals of a third country with which it has especially close links. The Member States will undertake as soon as possible to renegotiate such arrangements in accordance with the terms of this resolution. Where these arrangements concern the employees of a service provider, the Member States undertake to examine them in the spirit of this resolution within a reasonable period of time not exceeding three years, and to arrive at an assessment. When this examination is carried out, account should be taken of the economic development of the States with which the Member States concluded the agreements in question. The above provisions do not apply to arrangements covering employment of persons for instruction and vocational training purposes. Annex to Annex I.1 Definitions 'Trainees` means workers whose presence in the territory of a Member State is strictly limited in duration and closely connected with increasing their skills and qualifications in their chosen profession before returning to their own countries to pursue their careers. 'Seasonal workers` means workers who are resident in a third country but are employed in an activity dependent on the rhythm of the seasons in the territory of a Member State on the basis of a contract for a specified period and for specific employment. 'Frontier workers` means workers who are employed in the frontier zone of a Member State but who return each day or at least once a week to the frontier zone of a neighbouring country in which they reside and of which they are nationals. 'Intra-corporate transferee` means a natural person working within a legal person, other than a non-profit making organization, established in the territory of a WTO member, and being temporarily transferred in the context of the provision of a service through commercial presence in the territory of a Member State of the Community; the legal persons concerned must have their principal place of business in the territory of a WTO member other than the Community and its Member States and the transfer must be to an establishment (office, branch or subsidiary) of that legal person, effectively providing like services in the territory of a Member State to which the EC Treaty applies. In Italy, 'intra-corporate transferee` is defined as a natural person working within a legal person constituted as a SPA (joint stock company) or an SRL (capital stock company with limited responsibility). (1) OJ No L 257, 19. 10. 1968, p. 2. Regulation as last amended by Regulation (EEC) No 2434/92 (OJ No L 245, 26. 8. 1992, p. 1). (2) OJ No L 274, 6. 11. 1993, p. 32.

Summary: Limitations on the admission of third-country nationals for employment Limitations on the admission of third-country nationals for employment 1) OBJECTIVE To establish principles governing Member States' policies of admission of third-country nationals to their territories for employment. 2) ACT Council Resolution of 20 June 1994 on limitations on admission of third-country nationals to the territory of the Member States for employment [Official Journal C 274 of 19.09.1996]. 3) SUMMARY Current limitations are to be maintained or, where necessary, tightened up in accordance with the report on immigration and asylum policy adopted by the European Council in Maastricht in December 1991, which gave priority to the harmonisation of policies on admission. While acknowledging the contribution of migrant workers to the economic development of their respective host countries, the Council notes that at present no Member State is pursuing an active immigration policy, which is why temporary admission for employment may be considered only in exceptional circumstances. Present high levels of unemployment increase the need to ensure that job vacancies are filled as far as possible by Community nationals or nationals of EFTA countries which are parties to the EEA agreement. The Council consequently resolves that the principles set out below should not be relaxed by Member States in their national legislation or in any subsequent revisions of their national legislation. They should bring their national legislation into line with these principles by 1 January 1996, although the principles are not legally binding on them and do not afford grounds for proceedings by individual workers or employers. Member States' policies are to observe the principles set out below governing: admission criteria; admission procedures; period of admission; extension of stay; business visitors; third countries with close links with a Member State. Admission criteria Member States will consider requests for admission to their territories for the purpose of employment only where vacancies in a Member State cannot be filled by national and Community manpower or by non-Community manpower lawfully resident on a permanent basis in that Member State. In this context they will apply the procedure laid down in Part II of Regulation No 1612/68 on the free movement of workers within the Community. Third-country nationals may be admitted on a temporary basis, where: a job is offered to a named worker or named employee of a service provider and is of a special nature in view of the requirement of specialist qualifications (professional qualifications, experience, etc.); an employer offers vacancies to named workers and the competent authorities consider that the grounds adduced by the employer are justified in view of a temporary manpower shortage on the national or Community labour market which would significantly affect the operation of the business or the employer himself. Admission procedure Vacancies are offered to: seasonal workers in strictly controlled numbers for a specifically defined job; trainees; frontier workers; intra-corporate transferees, i.e. persons temporarily transferred by their company as key personnel. Third-country nationals will not be admitted unless they have been given prior authorisation to take up employment. The authorisation may be in the form of a work permit issued to either the employer or the employee. Third-country nationals must also be in possession of any necessary visa or residence permit. Initial authorisation for employment will normally be restricted to employment in a specific job with a specified employer. Period of admission A seasonal worker will be admitted for a maximum of six months in any twelve-month period, and must remain outside the territories of the Member States for a period of at least six months before being readmitted for employment. Trainees will be admitted for a maximum period of one year in the first instance. This period may be fixed at more than a year and extended exclusively for the time needed to obtain a professional qualification recognised by the Member State concerned in the sphere of their activity. Other third-country nationals admitted to the territories of the Member States for employment will be admitted for a period not exceeding four years in the first instance. Extension of stay A person already present in the territory of a Member State as a visitor or student will not in principle be permitted to extend his stay for the purpose of taking or seeking employment. Such persons must return to their own countries on conclusion of their visit or studies. In principle a person admitted as a trainee or service provider or employee of a service provider will not be permitted to extend his stay in authorised employment except in order to complete the training or activity under contract for which he was admitted. A seasonal worker will not be permitted to extend his stay for the purpose of taking employment of a different type. An extension of the period of his stay may be authorised to allow him to complete the work for which the original authorisation was granted. However, the total length of his stay may not exceed six months in any twelve-month period. Other workers may be permitted to extend their period of stay in authorised employment, but only if they continue to satisfy the criteria originally applied to the decision on whether to admit them for authorised employment. The Member States will examine the desirability of issuing a permanent residence permit to third-country nationals who have had restrictions on their employment lifted. Business visitors It is possible to admit as workers third-country nationals not residing in the territory of a Member State who are seeking entry to: negotiate for the supply of goods or services; deliver goods or assemble machinery manufactured in a third country as part of a supply contract, provided that such persons will be dealing only with businesses in the territory of the Member State and not with the general public and that any one visit and possibly the work permit does not exceed six months. Third countries with close links with a Member State A Member State may continue to admit third-country nationals to its territory for the purpose of employment pursuant to pre-existing arrangements. The Member States will undertake as soon as possible to renegotiate such arrangements in accordance with the terms of this resolution. The resolution does not apply to: persons who have right of free movement under Community law and members of their families; third-country nationals who have been allowed admission for the purpose of family reunification; third-country nationals whose access to employment is covered by rights stemming from agreements governed by Community law concluded with third countries; persons undertaking casual work in the course of youth exchange or youth mobility schemes, including "au pairs"; persons entering Member States in order to pursue economic activities as self-employed persons or to set up and/or manage a business/undertaking which they effectively control; applicants for asylum; third-country nationals admitted for asylum; displaced persons who are temporarily admitted; persons exceptionally allowed to stay on humanitarian grounds. The annex contains definitions of the following terms: "trainees", "seasonal workers", "frontier workers" and "intra-corporate transferee". 4) implementing measures 5) follow-up work Last updated: 12.07.2005


20.8.1994 EN Official Journal of the European Communities L 216/12 COUNCIL DIRECTIVE 94/33/EC of 22 June 1994 on the protection of young people at work THE 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), Having regard to the opinion of the Economic and Social Committee (2), Acting in accordance with the procedure referred to in Article 189c of the Treaty (3), Whereas Article 118a of the Treaty provides that the Council shall adopt, by means of directives, minimum requirements to encourage improvements, especially in the working environment, as regards the health and safety of workers; Whereas, under that Article, such directives must 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 points 20 and 22 of the Community Charter of the Fundamental Social Rights of Workers, adopted by the European Council in Strasbourg on 9 December 1989, state that: ‘20. Without prejudice to such rules as may be more favourable to young people, in particular those ensuring their preparation for work through vocational training, and subject to derogations limited to certain light work, the minimum employment age must not be lower than the minimum school-leaving age and, in any case, not lower than 15 years; 22. Appropriate measures must be taken to adjust labour regulations applicable to young workers so that their specific development and vocational training and access to employment needs are met.The duration of work must, in particular, be limited — without it being possible to circumvent this limitation through recourse to overtime — and night work prohibited in the case of workers of under eighteen years of age, save in the case of certain jobs laid down in national legislation or regulations.’; Whereas account should be taken of the principles of the International Labour Organization regarding the protection of young people at work, including those relating to the minimum age for access to employment or work; Whereas, in this Resolution on child labour (4), the European Parliament summarized the various aspects of work by young people and stressed its effects on their health, safety and physical and intellectual development, and pointed to the need to adopt a Directive harmonizing national legislation in the field; Whereas Article 15 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 (5) provides that particularly sensitive risk groups must be protected against the dangers which specifically affect them; Whereas children and adolescents must be considered specific risk groups, and measures must be taken with regard to their safety and health; Whereas the vulnerability of children calls for Member States to prohibit their employment and ensure that the minimum working or employment age is not lower than the minimum age at which compulsory schooling as imposed by national law ends or 15 years in any event; whereas derogations from the prohibition on child labour may be admitted only in special cases and under the conditions stipulated in this Directive; whereas, under no circumstances, may such derogations be detrimental to regular school attendance or prevent children benefiting fully from their education; Whereas, in view of the nature of the transition from childhood to adult life, work by adolescents should be strictly regulated and protected; Whereas every employer should guarantee young people working conditions appropriate to their age; Whereas employers should implement the measures necessary to protect the safety and health of young people on the basis on an assessment of work-related hazards to the young; Whereas Member States should protect young people against any specific risks arising from their lack of experience, absence of awareness of existing or potential risks, or from their immaturity; Whereas Member States should therefore prohibit the employment of young people for the work specified by this Directive; Whereas the adoption of specific minimal requirements in respect of the organization of working time is likely to improve working conditions for young people; Whereas the maximum working time of young people should be strictly limited and night work by young people should be prohibited, with the exception of certain jobs specified by national legislation or rules; Whereas Member States should take the appropriate measures to ensure that the working time of adolescents receiving school education does not adversely affect their ability to benefit from that education; Whereas time spent on training by young persons working under a theoretical and/or practical combined work/training scheme or an in-plant work-experience should be counted as working time; Whereas, in order to ensure the safety and health of young people, the latter should be granted minimum daily, weekly and annual periods of rest and adequate breaks; Whereas, with respect to the weekly rest period, due account should be taken of the diversity of cultural, ethnic, religious and other factors prevailing 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 appropriate work experience may contribute to the aim of preparing young people for adult working and social life, provided it is ensured that any harm to their safety, health and development is avoided; Whereas, although derogations from the bans and limitations imposed by this Directive would appear indispensable for certain activities or particular situations, applications thereof must not prejudice the principles underlying the established protection system; Whereas this Directive constitutes a tangible step towards developing the social dimension of the internal market; Whereas the application in practice of the system of protection laid down by this Directive will require that Member States implement a system of effective and proportionate measures; Whereas the implementation of some provisions of this Directive poses particular problems for one Member State with regard to its system of protection for young people at work; whereas that Member State should therefore be allowed to refrain from implementing the relevant provisions for a suitable period, HAS ADOPTED THIS DIRECTIVE: SECTION I Article 1 Purpose 1. Member States shall take the necessary measures to prohibit work by children. They shall ensure, under the conditions laid down by this Directive, that the minimum working or employment age is not lower than the minimum age at which compulsory full-time schooling as imposed by national law ends or 15 years in any event. 2. Member States ensure that work by adolescents is strictly regulated and protected under the conditions laid down in this Directive. 3. Member States shall ensure in general that employers guarantee that young people have working conditions which suit their age. They shall ensure that young people are protected against economic exploitation and against any work likely to harm their safety, health or physical, mental, moral or social development or to jeopardize their education. Article 2 Scope 1. This Directive shall apply to any person under 18 years of age having an employment contract or an employment relationship defined by the law in force in a Member State and/or governed by the law in force in a Member State. 2. Member States may make legislative or regulatory provision for this Directive not to apply, within the limits and under the conditions which they set by legislative or regulatory provision, to occasional work or short-term work involving: (a) domestic service in a privat household, or (b) work regarded as not being harmful, damaging or dangerous to young people in a family undertaking. Article 3 Definitons For the purposes of this Directive: (a) ‘young person’ shall mean any person under 18 years of age referred to in Article 2 (1); (b) ‘child’ shall mean any young person of less than 15 years of age or who is still subject to compulsory full-time schooling under national law; (c) ‘adolescent’ shall mean any young person of at least 15 years of age but less than 18 years of age who is no longer subject to compulsory full-time schooling under national law; (d) ‘light work’ shall mean all work which, on account of the inherent nature of the tasks which it involves and the particular conditions under which they are performed: (i) is not likely to be harmful to the safety, health or development of children, and (ii) is not such as to be harmful to their attendance at school, their participation in vocational guidance or training programmes approved by the competent authority or their capacity to benefit from the instruction received; (e) ‘working time’ shall mean any period during which the young person is at work, at the employer's disposal and carrying out his activity or duties in accordance with national legislation and/or practice; (f) ‘rest period’ shall mean any period which is not working time. Article 4 Prohibition of work by children 1. Member States shall adopt the measures necessary to prohibit work by children. 2. Taking into account the objectives set out in Article 1, Member States may make legislative or regulatory provision for the prohibition of work by children not to apply to: (a) children pursuing the activities set out in Article 5; (b) children of at least 14 years of age working under a combined work/training scheme or an in-plant work-experience scheme, provided that such work is done in accordance with the conditions laid down by the competent authority; (c) children of at least 14 years of age performing light work other than that covered by Article 5; light work other than that covered by Article 5 may, however, be performed by children of 13 years of age for a limited number of hours per week in the case of categories of work determined by national legislation. 3. Member States that make use of the opinion referred to in paragraph 2 (c) shall determine, subject to the provisions of this Directive, the working conditions relating to the light work in question. Article 5 Cultural or similar activities 1. The employment of children for the purposes of performance in cultural, artistic, sports or advertising activities shall be subject to prior authorization to be given by the competent authority in individual cases. 2. Member States shall by legislative or regulatory provision lay down the working conditions for children in the cases referred to in paragraph 1 and the details of the prior authorization procedure, on condition that the activities: (i) are not likely to be harmful to the safety, health or development of children, and (ii) are not such as to be harmful to their attendance at school, their participation in vocational guidance or training programmes approved by the competent authority or their capacity to benefit from the instruction received. 3. By way of derogation from the procedure laid down in paragraph 1, in the case of children of at least 13 years of age, Member States may authorize, by legislative or regulatory provision, in accordance with conditions which they shall determine, the employment of children for the purposes of performance in cultural, artistic, sports or advertising activities. 4. The Member States which have a specific authorization system for modelling agencies with regard to the activities of children may retain that system. SECTION II Article 6 General obligations on employers 1. Without prejudice to Article 4 (1), the employer shall adopt the measures necessary to protect the safety and health of young people, taking particular account of the specific risks referred to in Article 7 (1). 2. The employer shall implement the measures provided for in paragraph 1 on the basis of an assessment of the hazards to young people in connection with their work. The assessment must be made before young people begin work and when there is any major change in working conditions and must pay particular attention to the following points: (a) the fitting-out and layout of the workplace and the workstation; (b) the nature, degree and duration of exposure to physical, biological and chemical agents; (c) the form, range and use of work equipment, in particular agents, machines, apparatus and devices, and the way in which they are handled; (d) the arrangement of work processes and operations and the way in which these are combined (organization of work); (e) the level of training and instruction given to young people. Where this assessment shows that there is a risk to the safety, the physical or mental health or development of young people, an appropriate free assessment and monitoring of their health shall be provided at regular intervals without prejudice to Directive 89/391/EEC. The free health assessment and monitoring may form part of a national health system. 3. The employer shall inform young people of possible risks and of all measures adopted concerning their safety and health. Furthermore, he shall inform the legal representatives of children of possible risks and of all measures adopted concerning children's safety and health, 4. The employer shall involve the protective and preventive services referred to in Article 7 of Directive 89/391/EEC in the planning, implementation and monitoring of the safety and health conditions applicable to young people. Article 7 Vulnerability of young people — Prohibition of work 1. Member States shall ensure that young people are protected from any specific risks to their safety, health and development which are a consequence of their lack of experience, of absence of awareness of existing or potential risks or of the fact that young people have not yet fully matured. 2. Without prejudice to Article 4 (1), Member States shall to this end prohibit the employment of young people for: (a) work which is objectively beyond their phyiscal or psychological capacity; (b) work involving harmful exposure to agents which are toxic, carcinogenic, cause heritable genetic damage, or harm to the unborn child or which in any other way chronically affect human health; (c) work involving harmful exposure to radiation; (d) work involving the risk of accidents which it may be assumed cannot be recognized or avoided by young persons owing to their insufficient attention to safety or lack of experience or training; or (e) work in which there is a risk to health from extreme cold or heat, or from noise or vibration. Work which is likely to entail specific risks for young people within the meaning of paragraph 1 includes: — work involving harmful exposure to the physical, biological and chemical agents referred to in point I of the Annex, and — processes and work referred to in point II of the Annex. 3. Member States may, by legislative or regulatory provision, authorize derogations from paragraph 2 in the case of adolescents where such derogations are indispensable for their vocational training, provided that protection of their safety and health is ensured by the fact that the work is performed under the supervision of a competent person within the meaning of Article 7 of Directive 89/391/EEC and provided that the protection afforded by that Directive is guaranteed. SECTION III Article 8 Working time 1. Member States which make use of the option in Article 4 (2) (b) or (c) shall adopt the measures necessary to limit the working time of children to: (a) eight hours a day and 40 hours a week for work performed under a combined work/training scheme or an in-plant work-experience scheme; (b) two hours on a school day and 12 hours a week for work performed in term-time outside the hours fixed for school attendance, provided that this is not prohibited by national legislation and/or practice; in no circumstances may the daily working time exceed seven hours; this limit may be raised to eight hours in the case of children who have reached the age of 15; (c) seven hours a day and 35 hours a week for work performed during a period of at least a week when school is not operating; these limits may be raised to eight hours a day and 40 hours a week in the case of chidren who have reached the age of 15; (d) seven hours a day and 35 hours a week for light work performed by children no longer subject to compulsory full-time schooling under national law. 2. Member States shall adopt the measures necessary to limit the working time of adolescents to eight hours a day and 40 hours a week. 3. The time spent on training by a young person working under a theoretical and/or practical combined work/training scheme or an in-plant work-experience scheme shall be counted as working time. 4. Where a young person is employed by more than one employer, working days and working time shall be cumulative. 5. Member States may, by legislative or regulatory provision, authorize derogations from paragraph 1 (a) and paragraph 2 either by way of exception or where there are objective grounds for so doing. Member States shall, by legislative or regulatory provision, determine the conditions, limits and procedure for implementing such derogations. Article 9 Night work 1. (a) Member States which make use of the option in Article 4 (2) (b) or (c) shall adopt the measures necessary to prohibit work by children between 8 p.m. and 6 a.m. (b) Member States shall adopt the measures necessary to prohibit work by adolescents either between 10 p.m. and 6 a.m. or between 11 p.m. and 7 a.m. 2. (a) Member States may, by legislative or regulatory provision, authorize work by adolescents in specific areas of activity during the period in which night work is prohibited as referred to in paragraph 1 (b). In that event, Member States shall take appropriate measures to ensure that the adolescent is supervised by an adult where such supervision is necessary for the adolescent's protection. (b) If point (a) is applied, work shall continue to be prohibited between midnight and 4 a.m. However, Member States may, by legislative or regulatory provision, authorize work by adolescents during the period in which night work is prohibited in the following cases, where there are objective grounds for so doing and provided that adolescents are allowed suitable compensatory rest time and that the objectives set out in Article 1 are not called into question: — work performed in the shipping or fisheries sectors; — work performed in the context of the armed forces or the police; — work performed in hospitals or similar establishments; — cultural, artistic, sports or advertising activities. 3. Prior to any assignment to night work and at regular intervals thereafter, adolescents shall be entitled to a free assessment of their health and capacities, unless the work they do during the period during which work is prohibited is of an exceptional nature. Article 10 Rest period 1. (a) Member States which make use of the option in Article 4 (2) (b) or (c) shall adopt the measures necessary to ensure that, for each 24-hour period, children are entitled to a minimum rest period of 14 consecutive hours. (b) Member States shall adopt the measures necessary to ensure that, for each 24-hour period, adolescents are entitled to a minimum rest period of 12 consecutive hours. 2. Member States shall adopt the measures necessary to ensure that, for each seven-day period: — children in respect of whom they have made use of the option in Article 4 (2) (b) or (c), and — adolescents are entitled to a minimum rest period of two days, which shall be consecutive if possible. Where justified by technical or organization reasons, the minimum rest period may be reduced, but may in no circumstances be less than 36 consecutive hours. The minimum rest period referred to in the first and second subparagraphs shall in principle include Sunday. 3. Member States may, by legislative or regulatory provision, provide for the minimum rest periods referred to in pargraphs 1 and 2 to be interrupted in the case of activities involving periods of work that are split up over the day or are of short duration. 4. Member States may make legislative or regulatory provision for derogations from paragraph 1 (b) and paragraph 2 in respect of adolescents in the following cases, where there are objective grounds for so doing and provided that they are granted appropriate compensatory rest time and that the objetives set out in Article 1 are not called into question: (a) work performed in the shipping or fisheries sectors; (b) work performed in the context of the armed forces or the police; (c) work performed in hospitals or similar establishments; (d) work performed in agriculture; (e) work performed in the tourism industry or in the hotel, restaurant and cafe sector; (f) activities involving periods of work split up over the day. Article 11 Annual rest Member States which make use of the option referred to in Article 4 (2) (b) or (c) shall see to it that a period free of any work is included, as far as possible, in the school holidays of children subject to compulsory full-time schooling under national law. Article 12 Breaks Member States shall adopt the measures necessary to ensure that, where daily working time is more than four and a half hours, young people are entitled to a break of at least 30 minutes, which shall be consecutive if possible. Article 13 Work by adolescents in the event of force majeure Member States may, by legislative or regulatory provision, authorize derogations from Article 8 (2), Article 9 (1) (b), Article 10 (1) (b) and, in the case of adolescents, Article 12, for work in the circumstances referred to in Article 5 (4) of Directive 89/391/EEC, provided that such work is of a temporary nature and must be performed immediately, that adult workers are not available and that the adolescents are allowed equivalent compensatory rest time within the following three weeks. SECTION IV Article 14 Measures Each Member State shall lay down any necessary measures to be applied in the event of failure to comply with the provisions adopted in order to implement this Directive; such measures must be effective and proportionate. Article 15 Adaptation of the Annex Adaptations of a strictly technical nature to the Annex in the light of technical progress, changes in international rules or specifications and advances in knowledge in the field covered by this Directive shall be adopted in accordance with the procedure provided for in Article 17 of Directive 89/391/EEC. Article 16 Non-reducing clause Without prejudice to the right of Member States to develop, in the light of changing circumstances, different provisions on the protection of young people, as long as the minimum requirements provided for by this Directive are complied with, the implementation of this Directive shall not constitute valid grounds for reducing the general level of protection afforded to young people. Article 17 Final provisions 1. (a) Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 22 June 1996 or ensure, by that date at the latest, that the two sides of industry introduce the requisite provisions by means of collective agreements, with Member States being required to make all the necessary provisions to enable them at all times to guarantee the results laid down by this Directive. (b) The United Kingdom may refrain from implementing the first subparagraph of Article 8 (1) (b) with regard to the provision relating to the maximum weekly working time, and also Article 8(2) and Article 9 (1) (b) and (2) for a period of four years from the date specified in subparagraph (a). The Commission shall submit a report on the effects of this provision. The Council, acting in accordance with the conditions laid down by the Treaty, shall decide whether this period should be extended. (c) Member States shall forthwith inform the Commission thereof. 2. When Member States adopt the measures referred to in paragraph 1, such measures 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 reference shall be laid down by Member States. 3. Member States shall communicate to the Commission the texts of the main provisions of national law which they have already adopted or adopt in the field governed by this Directive. 4. 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 and the Economic and Social Committee thereof. 5. The Commission shall periodically submit to the European Parliament, the Council and the Economic and Social Committee a report on the application of this Directive taking into account pargraphs 1, 2, 3 and 4. Article 18 This Directive is addressed to the Member States. Done at Luxembourg, 22 June 1994. For the Council The President E. YIANNOPOULOS (1) OJ No C 84, 4. 4. 1992, p. 7. (2) OJ No C 313, 30. 11. 1992, p. 70. (3) Opinion of the European Parliament of 17 December 1992 (OJ No C 21, 25. 1. 1993, p. 167). Council Common Position of 23 November 1993 (not yet published in the Official Journal) and Decision of the European Parliament of 9 March 1994 (OJ No C 91, 28. 3. 1994, p. 89). (4) OJ No C 190, 20. 7. 1987, p. 44. (5) OJ No L 183, 29. 6. 1989, p. 1. ANNEX Non-exhaustive list of agents, processes and work (Article 7(2), second subparagraph) I. Agents 1. Physical agents (a) lonizing radiation; (b) Work in a high-pressure atmosphere, e. g. in pressurized containers, diving. 2. Biological agents (a) Biological agents belonging to groups 3 and 4 within the meaning of Article 2 (d) of Council Directive 90/679/EEC of 26 November 1990 on the protection of workers from risks related to exposure to biological agents at work (Seventh individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (1). 3. Chemical agents (a) Substances and preparations classified according to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (2) with amendments and Council Directive 88/379/EEC of 7 June 1988 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (3) as toxic (T), very toxic (Tx), corrosive (C) or explosive (E); (b) Substances and preparations classified according to Directives 67/548/EEC and 88/379/EEC as harmful (Xn) and with one or more of the following risk phrases: — danger of very serious irreversible effects (R39), — possible risk of irreversible effects (R40), — may cause sensitization by inhalation (R42), — may cause sensitization by skin contact (R43), — may cause cancer (R45), — may cause heritable genetic damage (R46), — danger of serious damage to health by prolonged exposure (R48), — may impair fertility (R60), — may cause harm to the unborn child (R61); (c) Substances and preparations classified according to Directives 67/548/EEC and 88/379/EEC as irritant (Xi) and with one or more of the following risk phrases: — highly flammable (R12); — may cause sensitization by inhalation (R42), — may cause sensitization by skin contact (R43), (d) Substances and preparations referred to Article 2 (c) of Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens at work (Sixth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC; (4) (e) Lead and compounds thereof, inasmuch as the agents in question are absorbable by the human organism; (f) Asbestos. II. Processes and work 1. Processes at work referred to in Annex I to Directive 90/394/EEC. 2. Manufacture and handling of devices, fireworks or other objects containing explosives. 3. Work with fierce of poisonous animals. 4. Animal slaughtering on an industrial scale. 5. Work involving the handling of equipment for the production, storage or application of compressed, liquified or dissolved gases. 6. Work with vats, tanks, reservoirs or carboys containing chemical agents referred to in 1.3. 7. Work involving a risk of structural collapse. 8. Work involving high-voltage electrical hazards. 9. Work the pace of which is determined by machinery and involving payment by results. (1) OJ No L 374, 31. 12. 1990, p. 1. (2) OJ No 196, 16. 8. 1967, p. 1. Directive as last amended by Directive 93/679/EEC (OJ No L 268, 29. 10. 1993, p, 71). (3) OJ No L 187, 16. 7. 1988, p. 14. Directive as last amended by Directive 93/18/EEC (OJ No L 104, 29. 4. 1993, p. 46). (4) OJ No L 196, 26. 7. 1990, p. 1.

Summary: Protection of young people at work Protection of young people at work SUMMARY OF: Directive 94/33/EC – protection of young people at work WHAT IS THE AIM OF THE DIRECTIVE? It sets minimum requirements in order to guarantee improvements in the health and safety of young workers. KEY POINTS The directive applies to all young people under the age of 18 who have an employment contract or an employment relationship defined by the law in force in a European Union (EU) country and/or subject to the law in force in an EU country. EU countries may stipulate that the directive is not be applicable to occasional work or short-term work in domestic service in a private household or to work in a family business which is not considered likely to harm, injure or endanger young people. The directive provides that EU countries take the necessary measures to prohibit the employment of children and shall ensure that the employment of adolescents is strictly controlled and protected under the conditions provided for in the directive. The directive defines categories of young people as follows: young people: young people under the age of 18; children: young people under the age of 15 or who are still in full-time compulsory education in accordance with national legislation; adolescents: young people between the ages of 15 and 18 who are no longer in full-time compulsory education in accordance with national legislation. The directive’s main objective is to prohibit the employment of children. However, the directive allows EU countries to stipulate, subject to certain conditions, that the ban on the employment of children is not applicable to: children employed for the purposes of cultural, artistic, sporting or advertising activities, subject to prior authorisation by the competent authority in each specific case; children aged 14 years or over who work in an undertaking as part of a work/training scheme or traineeship, provided that this work is carried out in accordance with the requirements laid down by the competent authority; children aged 14 years or over performing light work other than that referred to in the first point above; however, children over 13 may perform light work for a limited number of hours per week in categories of employment defined in national legislation. The directive includes provisions relating to: the employer’s general obligations, such as protection of the health and safety of young people, assessment of the risks to young people associated with their work, assessment and monitoring of the health of young people, information about young people and children’s legal representatives on the possible risks to their health and safety; types of employment which must not be carried out by young people, such as work which exceeds the mental or physical capacities of young people, work involving harmful exposure to dangerous substances. Directive 2014/27/EU aligns Directive 94/33/EC to Regulation (EC) No 1272/2008 which established a new system for the classification, labelling and packaging of substances and mixtures in the EU, based on the Globally Harmonised System of Classification and Labelling of Chemicals (GHS) at international level. In addition, Directive 2014/27/EU replaces references to repealed Directives (90/679/EEC and 90/394/EEC) which are replaced with references to relevant provisions of Directive 2000/54/EC and Directive 2004/37/EC. Directive 94/33/EC contains provisions relating to working hours, night work, rest periods, annual leave and rest breaks. Each EU country is responsible for defining the measures to be taken in the event of infringement of the provisions of this directive. These measures must be effective and proportionate to the offence. The directive contains a non-regression clause concerning the level of protection for young people. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 9 September 1994. EU countries had to incorporate it into national law by 22 June 1996. MAIN DOCUMENT Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work (OJ L 216, 20.8.1994, p. 12-20) Successive amendments to Directive 94/33/EC have been incorporated in the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions on the application of Directive 94/33/EC on the protection of young people at work (COM(2004) 105 final, 16.2.2004) Report from the Commission on the effects of the transitional period granted to the United Kingdom concerning certain provisions of Council Directive 94/33/EC on the protection of young people at work (COM(2000) 457 final, 20.7.2000) last update 05.12.2016