EUR-Lex - 32002L0044 - EN Important legal notice | 32002L0044 Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (sixteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) - Joint Statement by the European Parliament and the Council Official Journal L 177 , 06/07/2002 P. 0013 - 0020 Special edition in Czech Chapter 05 Volume 04 P. 235 - 241 Special edition in Estonian Chapter 05 Volume 04 P. 235 - 241 Special edition in Hungarian Chapter 05 Volume 04 P. 235 - 241 Special edition in Lithuanian Chapter 05 Volume 04 P. 235 - 241 Special edition in Latvian Chapter 05 Volume 04 P. 235 - 241 Special edition in Maltese Chapter 05 Volume 04 P. 235 - 241 Special edition in Polish Chapter 05 Volume 04 P. 235 - 241 Special edition in Slovakian Chapter 05 Volume 04 P. 235 - 241 Special edition in Slovenian Chapter 05 Volume 04 P. 235 - 241 Directive 2002/44/EC of the European Parliament and of the Councilof 25 June 2002on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (sixteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 137(2) thereof,Having regard to the proposal from the Commission [1], submitted after consultation with the Advisory Committee on Safety, Hygiene and Health Protection at Work,Having regard to the opinion of the Economic and Social Committee [2],Having consulted the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty [3], in the light of the joint text approved by the Conciliation Committee on 8 April 2002,Whereas:(1) Under the Treaty the Council may, by means of directives, adopt minimum requirements for encouraging improvements, especially in the working environment, to guarantee a better level of protection of the health and safety of workers. Such 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.(2) The communication from the Commission concerning its action programme relating to the implementation of the Community Charter of the Fundamental Social Rights of Workers provides for the introduction of minimum health and safety requirements regarding the exposure of workers to the risks caused by physical agents. In September 1990 the European Parliament adopted a resolution concerning this action programme [4], inviting the Commission in particular to draw up a specific directive on the risks caused by noise and vibration and by any other physical agent at the workplace.(3) As a first step, it is considered necessary to introduce measures protecting workers from the risks arising from vibrations owing to their effects on the health and safety of workers, in particular muscular/bone structure, neurological and vascular disorders. These measures are intended not only to ensure the health and safety of each worker on an individual basis, but also to create a minimum basis of protection for all Community workers in order to avoid possible distortions of competition.(4) This Directive lays down minimum requirements, thus giving Member States the option of maintaining or adopting more favourable provisions for the protection of workers, in particular the fixing of lower values for the daily action value or the daily exposure limit value for vibrations. The implementation of this Directive should not serve to justify any regression in relation to the situation which already prevails in each Member State.(5) A system of protection against vibration must limit itself to a definition, free of excessive detail, of the objectives to be attained, the principles to be observed and the fundamental values to be used, in order to enable Member States to apply the minimum requirements in an equivalent manner.(6) The level of exposure to vibration can be more effectively reduced by incorporating preventive measures into the design of work stations and places of work and by selecting work equipment, procedures and methods so as to give priority to reducing the risks at source. Provisions relating to work equipment and methods thus contribute to the protection of the workers involved.(7) Employers should make adjustments in the light of technical progress and scientific knowledge regarding risks related to exposure to vibration, with a view to improving the safety and health protection of workers.(8) In the case of sea and air transport, given the current state of the art it is not possible to comply in all circumstances with the exposure limit values for whole-body vibration; provision should therefore be made for duly justified exemptions in some cases.(9) Since this Directive is an individual Directive within the meaning of Article 16(1) 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], that Directive therefore applies to the exposure of workers to vibration, without prejudice to more stringent and/or specific provisions contained in this Directive.(10) This Directive constitutes a practical step towards creating the social dimension of the internal market.(11) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [6],HAVE ADOPTED THIS DIRECTIVE:SECTION IGENERAL PROVISIONSArticle 1Aim and scope1. This Directive, which is the 16th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC, lays down minimum requirements for the protection of workers from risks to their health and safety arising or likely to arise from exposure to mechanical vibration.2. The requirements of this Directive shall apply to activities in which workers are or are likely to be exposed to risks from mechanical vibration during their work.3. Directive 89/391/EEC shall apply fully to the whole area referred to in paragraph 1, without prejudice to more stringent and/or more specific provisions contained in this Directive.Article 2DefinitionsFor the purposes of this Directive, the following terms shall mean:(a) "hand-arm vibration": the mechanical vibration that, when transmitted to the human hand-arm system, entails risks to the health and safety of workers, in particular vascular, bone or joint, neurological or muscular disorders;(b) "whole-body vibration": the mechanical vibration that, when transmitted to the whole body, entails risks to the health and safety of workers, in particular lower-back morbidity and trauma of the spine.Article 3Exposure limit values and action values1. For hand-arm vibration:(a) the daily exposure limit value standardised to an eight-hour reference period shall be 5 m/s2;(b) the daily exposure action value standardised to an eight-hour reference period shall be 2,5 m/s2.Workers' exposure to hand-arm vibration shall be assessed or measured on the basis of the provisions of Point 1 of Part A of the Annex.2. For whole-body vibration:(a) the daily exposure limit value standardised to an eight-hour reference period shall be 1,15 m/s2 or, at the choice of the Member State concerned, a vibration dose value of 21 m/s1,75;(b) the daily exposure action value standardised to an eight-hour reference period shall be 0,5 m/s2 or, at the choice of the Member State concerned, a vibration dose value of 9,1 m/s1,75.Workers' exposure to whole-body vibration shall be assessed or measured on the basis of the provisions of Point 1 of Part B of the Annex.SECTION IIOBLIGATION OF EMPLOYERSArticle 4Determination and assessment of risks1. In carrying out the obligations laid down in Article 6(3) and Article 9(1) of Directive 89/391/EEC, the employer shall assess and, if necessary, measure the levels of mechanical vibration to which workers are exposed. Measurement shall be carried out in accordance with Point 2 of Part A or Point 2 of Part B of the Annex to this Directive, as appropriate.2. The level of exposure to mechanical vibration may be assessed by means of observation of specific working practices and reference to relevant information on the probable magnitude of the vibration corresponding to the equipment or the types of equipment used in the particular conditions of use, including such information provided by the manufacturer of the equipment. That operation shall be distinguished from measurement, which requires the use of specific apparatus and appropriate methodology.3. The assessment and measurement referred to in paragraph 1 shall be planned and carried out by competent services at suitable intervals, taking particular account of the provisions of Article 7 of Directive 89/391/EEC concerning the necessary competent services or persons. The data obtained from the assessment and/or measurement of the level of exposure to mechanical vibration shall be preserved in a suitable form so as to permit consultation at a later stage.4. Pursuant to Article 6(3) of Directive 89/391/EEC, the employer shall give particular attention, when carrying out the risk assessment, to the following:(a) the level, type and duration of exposure, including any exposure to intermittent vibration or repeated shocks;(b) the exposure limit values and the exposure action values laid down in Article 3 of this Directive;(c) any effects concerning the health and safety of workers at particularly sensitive risk;(d) any indirect effects on worker safety resulting from interactions between mechanical vibration and the workplace or other work equipment;(e) information provided by the manufacturers of work equipment in accordance with the relevant Community Directives;(f) the existence of replacement equipment designed to reduce the levels of exposure to mechanical vibration;(g) the extension of exposure to whole-body vibration beyond normal working hours under the employer's responsibility;(h) specific working conditions such as low temperatures;(i) appropriate information obtained from health surveillance, including published information, as far as possible.5. The employer shall be in possession of an assessment of the risk in accordance with Article 9(1)(a) of Directive 89/391/EEC and shall identify which measures must be taken in accordance with Articles 5 and 6 of this Directive. The risk assessment shall be recorded on a suitable medium, according to national law and practice; it may include a justification by the employer that the nature and extent of the risks related to mechanical vibration make a further detailed risk assessment unnecessary. The risk assessment shall be kept up-to-date on a regular basis, particularly if there have been significant changes which could render it out-of-date, or when the results of health surveillance show it to be necessary.Article 5Provisions aimed at avoiding or reducing exposure1. Taking account of technical progress and of the availability of measures to control the risk at source, the risks arising from exposure to mechanical vibration shall be eliminated at their source or reduced to a minimum.The reduction of such risks shall be based on the general principles of prevention set out in Article 6(2) of Directive 89/391/EEC.2. On the basis of the risk assessment referred to in Article 4, once the exposure action values laid down in Article 3(1)(b) and (2)(b) are exceeded, the employer shall establish and implement a programme of technical and/or organisational measures intended to reduce to a minimum exposure to mechanical vibration and the attendant risks, taking into account in particular:(a) other working methods that require less exposure to mechanical vibration;(b) the choice of appropriate work equipment of appropriate ergonomic design and, taking account of the work to be done, producing the least possible vibration;(c) the provision of auxiliary equipment that reduces the risk of injuries caused by vibration, such as seats that effectively reduce whole-body vibration and handles which reduce the vibration transmitted to the hand-arm system;(d) appropriate maintenance programmes for work equipment, the workplace and workplace systems;(e) the design and layout of workplaces and work stations;(f) adequate information and training to instruct workers to use work equipment correctly and safely in order to reduce their exposure to mechanical vibration to a minimum;(g) limitation of the duration and intensity of the exposure;(h) appropriate work schedules with adequate rest periods;(i) the provision of clothing to protect exposed workers from cold and damp.3. In any event, workers shall not be exposed above the exposure limit value.If, despite the measures taken by the employer to comply with this Directive, the exposure limit value is exceeded, the employer shall take immediate action to reduce exposure below the exposure limit value. He shall identify the reasons why the exposure limit value has been exceeded, and shall amend the protection and prevention measures accordingly in order to prevent it being exceeded again.4. Pursuant to Article 15 of Directive 89/391/EEC, the employer shall adapt the measures referred to in this Article to the requirements of workers at particular risk.Article 6Worker information and trainingWithout prejudice to Articles 10 and 12 of Directive 89/391/EEC, the employer shall ensure that workers who are exposed to the risks from mechanical vibration at work and/or their representatives receive information and training relating to the outcome of the risk assessment provided for in Article 4(1) of this Directive, concerning in particular:(a) the measures taken to implement this Directive in order to eliminate or reduce to a minimum the risks from mechanical vibration;(b) the exposure limit values and the exposure action values;(c) the results of the assessment and measurement of the mechanical vibration carried out in accordance with Article 4 of this Directive and the potential injury arising from the work equipment in use;(d) why and how to detect and report signs of injury;(e) the circumstances in which workers are entitled to health surveillance;(f) safe working practices to minimise exposure to mechanical vibration.Article 7Consultation and participation of workersConsultation and participation of workers and/or of their representatives shall take place in accordance with Article 11 of Directive 89/391/EEC on the matters covered by this Directive.SECTION IIIMISCELLANEOUS PROVISIONSArticle 8Health surveillance1. Without prejudice to Article 14 of Directive 89/391/EEC, Member States shall adopt provisions to ensure the appropriate health surveillance of workers with reference to the outcome of the risk assessment provided for in Article 4(1) of this Directive where it indicates a risk to their health. Those provisions, including the requirements specified for health records and their availability, shall be introduced in accordance with national laws and/or practice.Health surveillance, the results of which are taken into account in the application of preventive measures at a specific workplace, shall be intended to prevent and diagnose rapidly any disorder linked with exposure to mechanical vibration. Such surveillance shall be appropriate where:- the exposure of workers to vibration is such that a link can be established between that exposure and an identifiable illness or harmful effects on health,- it is probable that the illness or the effects occur in a worker's particular working conditions, and- there are tested techniques for the detection of the illness or the harmful effects on health.In any event, workers exposed to mechanical vibration in excess of the values stated in Article 3(1)(b) and (2)(b) shall be entitled to appropriate health surveillance.2. Member States shall establish arrangements to ensure that, for each worker who undergoes health surveillance in accordance with paragraph 1, individual health records are made and kept up-to-date. Health records shall contain a summary of the results of the health surveillance carried out. They shall be kept in a suitable form so as to permit any consultation at a later date, taking into account any confidentiality.Copies of the appropriate records shall be supplied to the competent authority on request. The individual worker shall, at his request, have access to the health records relating to him personally.3. Where, as a result of health surveillance, a worker is found to have an identifiable disease or adverse health effect which is considered by a doctor or occupational health-care professional to be the result of exposure to mechanical vibration at work:(a) the worker shall be informed by the doctor or other suitably qualified person of the result which relates to him personally. He shall, in particular, receive information and advice regarding any health surveillance which he should undergo following the end of exposure;(b) the employer shall be informed of any significant findings from the health surveillance, taking into account any medical confidentiality.(c) the employer shall:- review the risk assessment carried out pursuant to Article 4,- review the measures provided for to eliminate or reduce risks pursuant to Article 5,- take into account the advice of the occupational health-care professional or other suitably qualified person or the competent authority in implementing any measures required to eliminate or reduce risk in accordance with Article 5, including the possibility of assigning the worker to alternative work where there is no risk of further exposure, and- arrange continued health surveillance and provide for a review of the health status of any other worker who has been similarly exposed. In such cases, the competent doctor or occupational health care professional or the competent authority may propose that exposed persons undergo a medical examination.Article 9Transitional periodsWith regard to implementation of the obligations laid down in Article 5(3), Member States, after consultation of the two sides of industry in accordance with national legislation or practice, shall be entitled to make use of a maximum transitional period of five years from 6 July 2005 where work equipment is used which was given to workers before 6 July 2007 and which does not permit the exposure limit values to be respected, taking into account the latest technical advances and/or the organisational measures taken. With regard to equipment used in the agriculture and forestry sectors, Member States shall be entitled to extend the maximum transitional period by up to four years.Article 10Derogations1. In compliance with the general principles of health and safety protection for workers, Member States may, in the case of sea and air transport, derogate from Article 5(3) in duly justified circumstances with respect to whole-body vibration where, given the state of the art and the specific characteristics of workplaces, it is not possible to comply with the exposure limit value despite the technical and/or organisation measures taken.2. In a case where the exposure of a worker to mechanical vibration is usually below the exposure action values given in Article 3(1)(b) and (2)(b) but varies markedly from time to time and may occasionally exceed the exposure limit value, Member States may also grant derogations from Article 5(3). However, the exposure value averaged over 40 hours must be less than the exposure limit value and there must be evidence to show that the risks from the pattern of exposure to the work are lower than those from exposure at the exposure limit value.3. The derogations referred to in paragraphs 1 and 2 shall be granted by Member States after consultation of the two sides of industry in accordance with national laws and practice. Such derogations must be accompanied by conditions which guarantee, taking into account the special circumstances, that the resulting risks are reduced to a minimum and that the workers concerned are subject to increased health surveillance. Such derogations shall be reviewed every four years and withdrawn as soon as the justifying circumstances no longer obtain.4. Every four years Member States shall forward to the Commission a list of derogations as referred to in paragraphs 1 and 2, indicating the exact reasons and circumstances which made them decide to grant the derogations.Article 11Technical amendmentsAmendments to the Annex of a strictly technical nature in line with:(a) the adoption of Directives in the field of technical harmonisation and standardisation with regard to the design, building, manufacture or construction of work equipment and/or workplaces;(b) technical progress, changes in the most appropriate harmonised European standards or specifications and new findings concerning mechanical vibration;shall be adopted in accordance with the regulatory procedure laid down in Article 12(2).Article 12Committee1. The Commission shall be assisted by the Committee referred to in Article 17(2) of Directive 89/391/EEC.2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period referred to in Article 5(6) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its rules of procedure.SECTION IVFINAL PROVISIONSArticle 13ReportsEvery five years Member States shall provide a report to the Commission on the practical implementation of this Directive, indicating the points of view of the two sides of industry. It shall contain a description of best practice for preventing vibrations with a harmful effect on health and of other forms of work organisation, together with the action taken by the Member States to impart knowledge of such best practice.On the basis of those reports, the Commission shall carry out an overall assessment of the implementation of the Directive, including implementation in the light of research and scientific information, and 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 and, if necessary, propose amendments.Article 14Transposition1. The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 6 July 2005. They shall forthwith inform the Commission thereof. They shall also include a list, giving detailed reasons, of the transitional arrangements which the Member States have adopted in accordance with Article 9.When Member States adopt these measures, 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 reference shall be laid down by Member States.2. Member States shall communicate the provisions of national law which they adopt or have already adopted in the field covered by this Directive to the Commission.Article 15Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 16AddresseesThis Directive is addressed to the Member States.Done at Luxembourg, 25 June 2002.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentJ. Matas I Palou[1] OJ C 77, 18.3.1993, p. 12.OJ C 230, 19.8.1994, p. 3.[2] OJ C 249, 13.9.1993, p. 28.[3] Opinion of the European Parliament of 20 April 1994 (OJ C 128, 9.5.1994, p. 146) confirmed on 16 September 1999 (OJ C 54, 25.2.2000, p. 75), Council Common Position of 25 June 2001 (OJ C 301, 26.10.2001, p. 1) and Decision of the European Parliament of 23 October 2001 (not yet published in the Official Journal). Decision of the European Parliament of 25 April 2002 and Council Decision of 21 May 2002.[4] OJ C 260, 15.10.1990, p. 167.[5] OJ L 183, 29.6.1989, p. 1.[6] OJ L 184, 17.7.1999, p. 23.--------------------------------------------------ANNEXA. HAND-ARM VIBRATION1. Assessment of exposureThe assessment of the level of exposure to hand-arm vibration is based on the calculation of the daily exposure value normalised to an eight-hour reference period A(8), expressed as the square root of the sum of the squares (rms) (total value) of the frequency-weighted acceleration values, determined on the orthogonal axes ahwx, ahwy, ahwz as defined in Chapters 4 and 5 and Annex A to ISO standard 5349-1(2001).The assessment of the level of exposure may be carried out on the basis of an estimate based on information provided by the manufacturers concerning the level of emission from the work equipment used, and based on the observation of specific work practices or on measurement.2. MeasurementWhen measurement is employed in accordance with Article 4(1):(a) the methods used may include sampling, which must be representative of the personal exposure of a worker to the mechanical vibration in question; the methods and apparatus used must be adapted to the particular characteristics of the mechanical vibration to be measured, to ambient factors and to the characteristics of the measuring apparatus, in accordance with ISO standard 5349-2(2001);(b) in the case of devices which need to be held with both hands, measurements must be made on each hand. The exposure is determined by reference to the higher value of the two; information for the other hand shall also be given.3. InterferenceArticle 4(4)(d) will apply, in particular where the mechanical vibration interferes with the proper handling of controls or reading of indicators.4. Indirect risksArticle 4(4)(d) will apply in particular when the mechanical vibration interferes with the stability of structures or the security of joints.5. Individual protectorsPersonal protective equipment against hand-arm vibration may contribute to the programme of measures referred to in Article 5(2).B. WHOLE-BODY VIBRATION1. Assessment of exposureThe assessment of the level of exposure to vibration is based on the calculation of daily exposure A(8) expressed as equivalent continuous acceleration over an eight-hour period, calculated as the highest (rms) value, or the highest vibration dose value (VDV) of the frequency-weighted accelerations, determined on three orthogonal axes (1,4awx, 1,4awy, awz for a seated or standing worker) in accordance with Chapters 5, 6 and 7, Annex A and Annex B to ISO standard 2631-1(1997).The assessment of the level of exposure may be carried out on the basis of an estimate based on information provided by the manufacturers concerning the level of emission from the work equipment used, and based on observation of specific work practices or on measurement.In the case of maritime shipping, Member States may consider only vibrations of a frequency exceeding 1 Hz.2. MeasurementWhen measurement is employed in accordance with Article 4(1), the methods used may include sampling, which must be representative of the personal exposure of a worker to the mechanical vibration in question. The methods used must be adapted to the particular characteristics of the mechanical vibration to be measured, to ambient factors and to the characteristics of the measuring apparatus.3. InterferenceArticle 4(4)(d) will apply, in particular where the mechanical vibration interferes with the proper handling of controls or reading of indicators.4. Indirect risksArticle 4(4)(d) will apply, in particular when the mechanical vibration interferes with the stability of structures or the security of joints.5. Extension of exposureArticle 4(4)(g) will apply, in particular where, owing to the nature of the activity, a worker benefits from the use of rest facilities supervised by the employer; exposure to whole-body vibration in those facilities must be reduced to a level compatible with their purpose and conditions of use, except in cases of "force majeure".--------------------------------------------------Joint Statement by the European Parliament and the CouncilThe European Parliament and the Council reaffirm their commitment to continue examining the Commission's proposal on the other physical agents (audible acoustic fields, electric or magnetic fields or combinations thereof). However, in view of the technical difficulties with regard to the other physical agents, priority has been given to vibrations. The European Parliament and the Council recognise, however, that it is necessary to adopt Directives as soon as possible on the other physical agents referred to in the Commission's proposal.--------------------------------------------------

Summary: Exposure to mechanical vibration Exposure to mechanical vibration SUMMARY OF: Directive 2002/44/EC — minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) WHAT IS THE AIM OF THE DIRECTIVE? It aims to ensure the protection of the safety and health of workers from risks related to mechanical vibration. It sets out mandatory minimum health and safety standards. EU countries can make these more stringent if they wish. It complements Directive 89/391/EEC on introducing measures to encourage improvements in workers’ health and safety. KEY POINTS Employers must: assess and, if necessary, measure the levels of mechanical vibration to which workers are exposed; keep an eye on the possible physical impact machinery might have depending on working practices, type of equipment and conditions of use; use appropriate means and methods to measure the impact of vibrations; ensure competent individuals carry out the assessments and measurements at ‘suitable intervals’; keep a record of the findings for possible future consultation; pay particular attention, when making a risk assessment, to certain factors, notably: level, type and duration of exposure,possible indirect effects,information provided by the equipment’s manufacturer,the existence of replacement equipment; keep the risk assessment up-to-date; identify the measures required to reduce risks; introduce technical and organisational changes if the vibration limits are exceeded. These can include: other working methods or better-designed equipment,installing seats and handles on equipment to reduce pressure on the user’s body or arms,maintenance programmes,rethinking the design and layout of workplaces and work stations,limiting the duration and intensity of exposure to the vibrations,implementing appropriate work schedules and rest periods,providing clothing to protect exposed workers from cold and damp; provide relevant information and training to staff. This should include: measures taken to eliminate risks or reduce them to a minimum,details of exposure limits,results of the assessment and measurement exercises,possible injury risks and how these should be detected and reported,safe working practices,regular consultation and participation of staff and/or their representatives. EU countries must put in place measures to ensure the appropriate health surveillance of workers, particularly when: a link can be established between vibrations and an identifiable illness or adverse health effects; the probability exists that the illness or adverse effects are due to specific working conditions; tested techniques can be used to detect an illness or health impacts. When a doctor considers a worker has an identifiable disease or suffers from ill health due to vibrations: the employee is informed and advised on any health surveillance that might be necessary, the employer is informed and must take action to eliminate or reduce the risks identified. EU countries may exempt sea and air transport from the directive provided certain conditions are met. The directive sets different exposure action values depending on whether the vibrations affect a user’s arm and hand or their whole body over a typical 8-hour day. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 6 July 2002 and had to become law in the EU countries by 6 July 2005. BACKGROUND Frequent use of heavy vibrating machinery at work, if not carefully monitored, can damage a user’s muscles, bones, breathing and even brain. The legislation strikes a balance between protecting users and not imposing unnecessary administrative, financial and legal burdens on small and medium-sized businesses. For more information, see: Health and safety at work (European Commission) Directive 2002/44/EC — vibration (European Agency for Safety and Health at Work). MAIN DOCUMENT Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (sixteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) — Joint Statement by the European Parliament and the Council (OJ L 177, 6.7.2002, pp. 13-20) Successive amendments and changes to Directive 2002/44/EC have been incorporated in the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS 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 (OJ L 183, 29.6.1989, pp. 1-8) Successive amendments to Directive 89/391/EEC have been incorporated in the original text. This consolidated version is of documentary value only. last update 26.11.2018


EUR-Lex - 32002L0014 - EN Avis juridique important | 32002L0014 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community - Joint declaration of the European Parliament, the Council and the Commission on employee representation Official Journal L 080 , 23/03/2002 P. 0029 - 0034 Directive 2002/14/EC of the European Parliament and of the Councilof 11 March 2002establishing a general framework for informing and consulting employees in the European CommunityTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 137(2) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Having regard to the opinion of the Committee of the Regions(3),Acting in accordance with the procedure referred to in Article 251(4), and in the light of the joint text approved by the Conciliation Committee on 23 January 2002,Whereas:(1) Pursuant to Article 136 of the Treaty, a particular objective of the Community and the Member States is to promote social dialogue between management and labour.(2) Point 17 of the Community Charter of Fundamental Social Rights of Workers provides, inter alia, that information, consultation and participation for workers must be developed along appropriate lines, taking account of the practices in force in different Member States.(3) The Commission consulted management and labour at Community level on the possible direction of Community action on the information and consultation of employees in undertakings within the Community.(4) Following this consultation, the Commission considered that Community action was advisable and again consulted management and labour on the contents of the planned proposal; management and labour have presented their opinions to the Commission.(5) Having completed this second stage of consultation, management and labour have not informed the Commission of their wish to initiate the process potentially leading to the conclusion of an agreement.(6) The existence of legal frameworks at national and Community level intended to ensure that employees are involved in the affairs of the undertaking employing them and in decisions which affect them has not always prevented serious decisions affecting employees from being taken and made public without adequate procedures having been implemented beforehand to inform and consult them.(7) There is a need to strengthen dialogue and promote mutual trust within undertakings in order to improve risk anticipation, make work organisation more flexible and facilitate employee access to training within the undertaking while maintaining security, make employees aware of adaptation needs, increase employees' availability to undertake measures and activities to increase their employability, promote employee involvement in the operation and future of the undertaking and increase its competitiveness.(8) There is a need, in particular, to promote and enhance information and consultation on the situation and likely development of employment within the undertaking and, where the employer's evaluation suggests that employment within the undertaking may be under threat, the possible anticipatory measures envisaged, in particular in terms of employee training and skill development, with a view to offsetting the negative developments or their consequences and increasing the employability and adaptability of the employees likely to be affected.(9) Timely information and consultation is a prerequisite for the success of the restructuring and adaptation of undertakings to the new conditions created by globalisation of the economy, particularly through the development of new forms of organisation of work.(10) The Community has drawn up and implemented an employment strategy based on the concepts of "anticipation", "prevention" and "employability", which are to be incorporated as key elements into all public policies likely to benefit employment, including the policies of individual undertakings, by strengthening the social dialogue with a view to promoting change compatible with preserving the priority objective of employment.(11) Further development of the internal market must be properly balanced, maintaining the essential values on which our societies are based and ensuring that all citizens benefit from economic development.(12) Entry into the third stage of economic and monetary union has extended and accelerated the competitive pressures at European level. This means that more supportive measures are needed at national level.(13) The existing legal frameworks for employee information and consultation at Community and national level tend to adopt an excessively a posteriori approach to the process of change, neglect the economic aspects of decisions taken and do not contribute either to genuine anticipation of employment developments within the undertaking or to risk prevention.(14) All of these political, economic, social and legal developments call for changes to the existing legal framework providing for the legal and practical instruments enabling the right to be informed and consulted to be exercised.(15) This Directive is without prejudice to national systems regarding the exercise of this right in practice where those entitled to exercise it are required to indicate their wishes collectively.(16) This Directive is without prejudice to those systems which provide for the direct involvement of employees, as long as they are always free to exercise the right to be informed and consulted through their representatives.(17) Since the objectives of the proposed action, as outlined above, cannot be adequately achieved by the Member States, in that the object is to establish a framework for employee information and consultation appropriate for the new European context described above, and can therefore, in view of the scale and impact of the proposed action, 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 these objectives.(18) The purpose of this general framework is to establish minimum requirements applicable throughout the Community while not preventing Member States from laying down provisions more favourable to employees.(19) The purpose of this general framework is also to avoid any administrative, financial or legal constraints which would hinder the creation and development of small and medium-sized undertakings. To this end, the scope of this Directive should be restricted, according to the choice made by Member States, to undertakings with at least 50 employees or establishments employing at least 20 employees.(20) This takes into account and is without prejudice to other national measures and practices aimed at fostering social dialogue within companies not covered by this Directive and within public administrations.(21) However, on a transitional basis, Member States in which there is no established statutory system of information and consultation of employees or employee representation should have the possibility of further restricting the scope of the Directive as regards the numbers of employees.(22) A Community framework for informing and consulting employees should keep to a minimum the burden on undertakings or establishments while ensuring the effective exercise of the rights granted.(23) The objective of this Directive is to be achieved through the establishment of a general framework comprising the principles, definitions and arrangements for information and consultation, which it will be for the Member States to comply with and adapt to their own national situation, ensuring, where appropriate, that management and labour have a leading role by allowing them to define freely, by agreement, the arrangements for informing and consulting employees which they consider to be best suited to their needs and wishes.(24) Care should be taken to avoid affecting some specific rules in the field of employee information and consultation existing in some national laws, addressed to undertakings or establishments which pursue political, professional, organisational, religious, charitable, educational, scientific or artistic aims, as well as aims involving information and the expression of opinions.(25) Undertakings and establishments should be protected against disclosure of certain particularly sensitive information.(26) The employer should be allowed not to inform and consult where this would seriously damage the undertaking or the establishment or where he has to comply immediately with an order issued to him by a regulatory or supervisory body.(27) Information and consultation imply both rights and obligations for management and labour at undertaking or establishment level.(28) Administrative or judicial procedures, as well as sanctions that are effective, dissuasive and proportionate in relation to the seriousness of the offence, should be applicable in cases of infringement of the obligations based on this Directive.(29) This Directive should not affect the provisions, where these are more specific, of Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies(5) and of Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses(6).(30) Other rights of information and consultation, including those arising from Council Directive 94/45/EEC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees(7), should not be affected by this Directive.(31) Implementation of this Directive should not be sufficient grounds for a reduction in the general level of protection of workers in the areas to which it applies,HAVE ADOPTED THIS DIRECTIVE:Article 1Object and principles1. The purpose of this Directive is to establish a general framework setting out minimum requirements for the right to information and consultation of employees in undertakings or establishments within the Community.2. The practical arrangements for information and consultation shall be defined and implemented in accordance with national law and industrial relations practices in individual Member States in such a way as to ensure their effectiveness.3. When defining or implementing practical arrangements for information and consultation, the employer and the employees' representatives shall work in a spirit of cooperation and with due regard for their reciprocal rights and obligations, taking into account the interests both of the undertaking or establishment and of the employees.Article 2DefinitionsFor the purposes of this Directive:(a) "undertaking" means a public or private undertaking carrying out an economic activity, whether or not operating for gain, which is located within the territory of the Member States;(b) "establishment" means a unit of business defined in accordance with national law and practice, and located within the territory of a Member State, where an economic activity is carried out on an ongoing basis with human and material resources;(c) "employer" means the natural or legal person party to employment contracts or employment relationships with employees, in accordance with national law and practice;(d) "employee" means any person who, in the Member State concerned, is protected as an employee under national employment law and in accordance with national practice;(e) "employees' representatives" means the employees' representatives provided for by national laws and/or practices;(f) "information" means transmission by the employer to the employees' representatives of data in order to enable them to acquaint themselves with the subject matter and to examine it;(g) "consultation" means the exchange of views and establishment of dialogue between the employees' representatives and the employer.Article 3Scope1. This Directive shall apply, according to the choice made by Member States, to:(a) undertakings employing at least 50 employees in any one Member State, or(b) establishments employing at least 20 employees in any one Member State.Member States shall determine the method for calculating the thresholds of employees employed.2. In conformity with the principles and objectives of this Directive, Member States may lay down particular provisions applicable to undertakings or establishments which pursue directly and essentially political, professional organisational, religious, charitable, educational, scientific or artistic aims, as well as aims involving information and the expression of opinions, on condition that, at the date of entry into force of this Directive, provisions of that nature already exist in national legislation.3. Member States may derogate from this Directive through particular provisions applicable to the crews of vessels plying the high seas.Article 4Practical arrangements for information and consultation1. In accordance with the principles set out in Article 1 and without prejudice to any provisions and/or practices in force more favourable to employees, the Member States shall determine the practical arrangements for exercising the right to information and consultation at the appropriate level in accordance with this Article.2. Information and consultation shall cover:(a) information on the recent and probable development of the undertaking's or the establishment's activities and economic situation;(b) information and consultation on the situation, structure and probable development of employment within the undertaking or establishment and on any anticipatory measures envisaged, in particular where there is a threat to employment;(c) information and consultation on decisions likely to lead to substantial changes in work organisation or in contractual relations, including those covered by the Community provisions referred to in Article 9(1).3. Information shall be given at such time, in such fashion and with such content as are appropriate to enable, in particular, employees' representatives to conduct an adequate study and, where necessary, prepare for consultation.4. Consultation shall take place:(a) while ensuring that the timing, method and content thereof are appropriate;(b) at the relevant level of management and representation, depending on the subject under discussion;(c) on the basis of information supplied by the employer in accordance with Article 2(f) and of the opinion which the employees' representatives are entitled to formulate;(d) in such a way as to enable employees' representatives to meet the employer and obtain a response, and the reasons for that response, to any opinion they might formulate;(e) with a view to reaching an agreement on decisions within the scope of the employer's powers referred to in paragraph 2(c).Article 5Information and consultation deriving from an agreementMember States may entrust management and labour at the appropriate level, including at undertaking or establishment level, with defining freely and at any time through negotiated agreement the practical arrangements for informing and consulting employees. These agreements, and agreements existing on the date laid down in Article 11, as well as any subsequent renewals of such agreements, may establish, while respecting the principles set out in Article 1 and subject to conditions and limitations laid down by the Member States, provisions which are different from those referred to in Article 4.Article 6Confidential information1. Member States shall provide that, within the conditions and limits laid down by national legislation, the employees' representatives, and any experts who assist them, are not authorised to reveal to employees or to third parties, any information which, in the legitimate interest of the undertaking or establishment, has expressly been provided to them in confidence. This obligation shall continue to apply, wherever the said representatives or experts are, even after expiry of their terms of office. However, a Member State may authorise the employees' representatives and anyone assisting them to pass on confidential information to employees and to third parties bound by an obligation of confidentiality.2. Member States shall provide, in specific cases and within the conditions and limits laid down by national legislation, that the employer is not obliged to communicate information or undertake consultation when the nature of that information or consultation is such that, according to objective criteria, it would seriously harm the functioning of the undertaking or establishment or would be prejudicial to it.3. Without prejudice to existing national procedures, Member States shall provide for administrative or judicial review procedures for the case where the employer requires confidentiality or does not provide the information in accordance with paragraphs 1 and 2. They may also provide for procedures intended to safeguard the confidentiality of the information in question.Article 7Protection of employees' representativesMember States shall ensure that employees' representatives, when carrying out their functions, enjoy adequate protection and guarantees to enable them to perform properly the duties which have been assigned to them.Article 8Protection of rights1. Member States shall provide for appropriate measures in the event of non-compliance with this Directive by the employer or the employees' representatives. In particular, they shall ensure that adequate administrative or judicial procedures are available to enable the obligations deriving from this Directive to be enforced.2. Member States shall provide for adequate sanctions to be applicable in the event of infringement of this Directive by the employer or the employees' representatives. These sanctions must be effective, proportionate and dissuasive.Article 9Link between this Directive and other Community and national provisions1. This Directive shall be without prejudice to the specific information and consultation procedures set out in Article 2 of Directive 98/59/EC and Article 7 of Directive 2001/23/EC.2. This Directive shall be without prejudice to provisions adopted in accordance with Directives 94/45/EC and 97/74/EC.3. This Directive shall be without prejudice to other rights to information, consultation and participation under national law.4. Implementation of this Directive shall not be sufficient grounds for any regression in relation to the situation which already prevails in each Member State and in relation to the general level of protection of workers in the areas to which it applies.Article 10Transitional provisionsNotwithstanding Article 3, a Member State in which there is, at the date of entry into force of this Directive, no general, permanent and statutory system of information and consultation of employees, nor a general, permanent and statutory system of employee representation at the workplace allowing employees to be represented for that purpose, may limit the application of the national provisions implementing this Directive to:(a) undertakings employing at least 150 employees or establishments employing at least 100 employees until 23 March 2007, and(b) undertakings employing at least 100 employees or establishments employing at least 50 employees during the year following the date in point (a).Article 11Transposition1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive not later than 23 March 2005 or shall ensure that management and labour introduce by that date the required provisions by way of agreement, the Member States being obliged to take all necessary steps enabling them to guarantee the results imposed by this Directive at all times. They shall forthwith inform the Commission thereof.2. Where Member States adopt these measures, 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 reference shall be laid down by the Member States.Article 12Review by the CommissionNot later than 23 March 2007, the Commission shall, in consultation with the Member States and the social partners at Community level, review the application of this Directive with a view to proposing any necessary amendments.Article 13Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 14AddressesThis Directive is addressed to the Member States.Done at Brussels, 11 March 2002.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentJ. Piqué i Camps(1) OJ C 2, 5.1.1999, p. 3.(2) OJ C 258, 10.9.1999, p. 24.(3) OJ C 144, 16.5.2001, p. 58.(4) Opinion of the European Parliament of 14 April 1999 (OJ C 219, 30.7.1999, p. 223), confirmed on 16 September 1999 (OJ C 54, 25.2.2000, p. 55), Council Common Position of 27 July 2001 (OJ C 307, 31.10.2001, p. 16) and Decision of the European Parliament of 23 October 2001 (not yet published in the Official Journal). Decision of the European Parliament of 5 February 2002 and Decision of the Council of 18 February 2002.(5) OJ L 225, 12.8.1998, p. 16.(6) OJ L 82, 22.3.2001, p. 16.(7) OJ L 254, 30.9.1994, p. 64. Directive as amended by Directive 97/74/EC (OJ L 10, 16.1.1998, p. 22).Joint declaration of the European Parliament, the Council and the Commissionon employee representation"With regard to employee representation, the European Parliament, the Council and the Commission recall the judgements of the European Court of Justice of 8 June 1994 in Cases C-382/92 (Safeguarding of employees rights in the event of transfers of undertakings) and C-383/92 (Collective redundancies)."

Summary: EU general rules on employee information and consultation EU general rules on employee information and consultation SUMMARY OF: Directive 2002/14/EC – general framework for informing and consulting employees in the EU WHAT IS THE AIM OF THE DIRECTIVE? It establishes general principles on the minimum information* and consultation* rights for employees in companies based in the European Union (EU). National legislation and industrial relations’ practices determine how these are applied. KEY POINTS EU countries may: choose whether the legislation applies to companies with at least 50 or establishments with at least 20 employees establish special rules for companies essentially involved in political, professional organisational, religious, charitable, educational, scientific or artistic aims determine that employers do not need to inform or consult employee representatives where this would seriously harm the company’s operation. Information and consultation covers data on a company’s recent and probable development of activities and economic situation employment structure and probable development, especially if there is a threat to jobs decisions that could lead to substantial changes in the way work is organised or in contractual relations. Consultation must take place: when the timing, method and content are considered appropriate at the relevant management and employee representation level, depending on the issue being discussed on the basis of the information the employer supplies and of the opinion of the employees’ representatives in a way that enables employee representatives to meet their employer and receive a response to any opinion they might formulate with a view to reaching agreement on decisions that could lead to substantial changes in the way work is organised or in contractual relations. Employee representatives and their advisors must not make public any information they have received in confidence. The original legislation gave EU countries the possibility of excluding crews of vessels on the high seas. That exemption was removed by a 2015 amendment. FROM WHEN DOES THE DIRECTIVE APPLY? It entered into force on 23 March 2002. EU countries had to incorporate it into national law by 23 March 2005. BACKGROUND The European Commission consulted employer and employee representatives in early 2015 on whether to merge the following 3 directives into one legislative text: the general framework for information and consultation of workers, collective redundancies and transfers of undertakings. The exercise is also considering whether the concepts of ‘information’ and ‘consultation’ could be better aligned. For more information, see: ‘Worker information and consultation’ on the European Commission's website. * KEY TERMS Information: data given by the employer so employee representatives can be informed about an issue and examine it. Consultation: exchange of views and dialogue between employee representatives and the employer. MAIN DOCUMENT Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community - Joint declaration of the European Parliament, the Council and the Commission on employee representation (OJ L 80, 23.3.2002, pp. 29–34) Successive amendments and corrections to Directive 2002/14/EC have been incorporated in the basic text. This consolidated version is for reference purposes only. RELATED DOCUMENTS Consultation document: First phase consultation of Social Partners under Article 154 TFEU on a consolidation of the EU Directives on information and consultation of workers (C(2015) 2303 final, 10.4.2015) last update 04.12.2016


EUR-Lex - 32002L0015 - EN Avis juridique important | 32002L0015 Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities Official Journal L 080 , 23/03/2002 P. 0035 - 0039 Directive 2002/15/EC of the European Parliament and of the Councilof 11 March 2002on the organisation of the working time of persons performing mobile road transport activitiesTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 71 and Article 137(2) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Following consultation of the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty(3), and in the light of the joint text approved by the Conciliation Committee on 16 January 2002,Whereas:(1) Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport(4) laid down common rules on driving times and rest periods for drivers; that Regulation does not cover other aspects of working time for road transport.(2) Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time(5) makes it possible to adopt more specific requirements for the organisation of working time. Bearing in mind the sectoral nature of this Directive, the provisions thereof take precedence over Directive 93/104/EC by virtue of Article 14 thereof.(3) Despite intensive negotiations between the social partners, it has not been possible to reach agreement on the subject of mobile workers in road transport.(4) It is therefore necessary to lay down a series of more specific provisions concerning the hours of work in road transport intended to ensure the safety of transport and the health and safety of the persons involved.(5) Since the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the proposed action, 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 those objectives.(6) The scope of this Directive covers only mobile workers employed by transport undertakings established in a Member State participating in mobile road transport activities covered by Regulation (EEC) No 3820/85 or, failing that, by the European agreement concerning the work of crews of vehicles engaged in international road transport (AETR).(7) It should be made clear that mobile workers excluded from the scope of this Directive, other than self-employed drivers, benefit from the basic protection provided for in Directive 93/104/EC. That basic protection includes the existing rules on adequate rest, the maximum average working week, annual leave and certain basic provisions for night workers including health assessment.(8) As self-employed drivers are included within the scope of Regulation (EEC) No 3820/85 but excluded from that of Directive 93/104/EC, they should be excluded temporarily from the scope of this Directive in accordance with the provisions of Article 2(1).(9) The definitions used in this Directive are not to constitute a precedent for other Community regulations on working time.(10) In order to improve road safety, prevent the distortion of competition and guarantee the safety and health of the mobile workers covered by this Directive, the latter should know exactly which periods devoted to road transport activities constitute working time and which do not and are thus deemed to be break times, rest times or periods of availability. These workers should be granted minimum daily and weekly periods of rest, and adequate breaks. It is also necessary to place a maximum limit on the number of weekly working hours.(11) Research has shown that the human body is more sensitive at night to environmental disturbances and also to certain burdensome forms of organisation and that long periods of night work can be detrimental to the health of workers and can endanger their safety and also road safety in general.(12) As a consequence, there is a need to limit the duration of periods of night work and to provide that professional drivers who work at night should receive appropriate compensation for their activity and should not be disadvantaged as regards training opportunities.(13) Employers should keep records of instances when the maximum average working week applicable to mobile workers is exceeded.(14) The provisions of Regulation (EEC) No 3820/85 on driving time in international and national passenger transport, other than regular services, should continue to apply.(15) The Commission should monitor the implementation of this Directive and developments in this field in the Member States and submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions a report on the application of the rules and the consequences of the provisions on night work.(16) It is necessary to provide that certain provisions may be subject to derogations adopted, according to the circumstances, by the Member States or the two sides of industry. As a general rule, in the event of a derogation, the workers concerned must be given compensatory rest periods,HAVE ADOPTED THIS DIRECTIVE:Article 1PurposeThe purpose of this Directive shall be to establish minimum requirements in relation to the organisation of working time in order to improve the health and safety protection of persons performing mobile road transport activities and to improve road safety and align conditions of competition.Article 2Scope1. This Directive shall apply to mobile workers employed by undertakings established in a Member State, participating in road transport activities covered by Regulation (EEC) No 3820/85 or, failing that, by the AETR Agreement.Without prejudice to the provisions of following subparagraph, this Directive shall apply to self-employed drivers from 23 March 2009.At the latest two years before this date, the Commission shall present a report to the European Parliament and the Council. This report shall analyse the consequences of the exclusion of self-employed drivers from the scope of the Directive in respect of road safety, conditions of competition, the structure of the profession as well as social aspects. The circumstances in each Member State relating to the structure of the transport industry and to the working environment of the road transport profession shall be taken into account. On the basis of this report, the Commission shall submit a proposal, the aim of which may be either, as appropriate- to set out the modalities for the inclusion of the self-employed drivers within the scope of the Directive in respect of certain self-employed drivers who are not participating in road transport activities in other Member States and who are subject to local constraints for objective reasons, such as peripheral location, long internal distances and a particular competitive environment, or- not to include self-employed drivers within the scope of the Directive.2. The provisions of Directive 93/104/EC shall apply to mobile workers excluded from the scope of this Directive.3. In so far as this Directive contains more specific provisions as regards mobile workers performing road transport activities it shall, pursuant to Article 14 of Directive 93/104/EC, take precedence over the relevant provisions of that Directive.4. This Directive shall supplement the provisions of Regulation (EEC) No 3820/85 and, where necessary, of the AETR Agreement, which take precedence over the provisions of this Directive.Article 3DefinitionsFor the purposes of this Directive:(a) "working time" shall mean:1. in the case of mobile workers: the time from the beginning to the end of work, during which the mobile worker is at his workstation, at the disposal of the employer and exercising his functions or activities, that is to say:- the time devoted to all road transport activities. These activities are, in particular, the following:(i) driving;(ii) loading and unloading;(iii) assisting passengers boarding and disembarking from the vehicle;(iv) cleaning and technical maintenance;(v) all other work intended to ensure the safety of the vehicle, its cargo and passengers or to fulfil the legal or regulatory obligations directly linked to the specific transport operation under way, including monitoring of loading and unloading, administrative formalities with police, customs, immigration officers etc.,- the times during which he cannot dispose freely of his time and is required to be at his workstation, ready to take up normal work, with certain tasks associated with being on duty, in particular during periods awaiting loading or unloading where their foreseeable duration is not known in advance, that is to say either before departure or just before the actual start of the period in question, or under the general conditions negotiated between the social partners and/or under the terms of the legislation of the Member States;2. in the case of self-employed drivers, the same definition shall apply to the time from the beginning to the end of work, during which the self employed driver is at his workstation, at the disposal of the client and exercising his functions or activities other than general administrative work that is not directly linked to the specific transport operation under way.The break times referred to in Article 5, the rest times referred to in Article 6 and, without prejudice to the legislation of Member States or agreements between the social partners providing that such periods should be compensated or limited, the periods of availability referred to in (b) of this Article, shall be excluded from working time;(b) "periods of availability" shall mean:- periods other than those relating to break times and rest times during which the mobile worker is not required to remain at his workstation, but must be available to answer any calls to start or resume driving or to carry out other work. In particular such periods of availability shall include periods during which the mobile worker is accompanying a vehicle being transported by ferryboat or by train as well as periods of waiting at frontiers and those due to traffic prohibitions.These periods and their foreseeable duration shall be known in advance by the mobile worker, that is to say either before departure or just before the actual start of the period in question, or under the general conditions negotiated between the social partners and/or under the terms of the legislation of the Member States,- for mobile workers driving in a team, the time spent sitting next to the driver or on the couchette while the vehicle is in motion;(c) "workstation" shall mean:- the location of the main place of business of the undertaking for which the person performing mobile road transport activities carries out duties, together with its various subsidiary places of business, regardless of whether they are located in the same place as its head office or main place of business,- the vehicle which the person performing mobile road transport activities uses when he carries out duties, and- any other place in which activities connected with transportation are carried out;(d) "mobile worker" shall mean any worker forming part of the travelling staff, including trainees and apprentices, who is in the service of an undertaking which operates transport services for passengers or goods by road for hire or reward or on its own account;(e) "self-employed driver" shall mean anyone whose main occupation is to transport passengers or goods by road for hire or reward within the meaning of Community legislation under cover of a Community licence or any other professional authorisation to carry out the aforementioned transport, who is entitled to work for himself and who is not tied to an employer by an employment contract or by any other type of working hierarchical relationship, who is free to organise the relevant working activities, whose income depends directly on the profits made and who has the freedom to, individually or through a cooperation between self-employed drivers, have commercial relations with several customers.For the purposes of this Directive, those drivers who do not satisfy these criteria shall be subject to the same obligations and benefit from the same rights as those provided for mobile workers by this Directive;(f) "person performing mobile road transport activities" shall mean any mobile worker or self-employed driver who performs such activities;(g) "week" shall mean the period between 00.00 hours on Monday and 24.00 hours on Sunday;(h) "night time" shall mean a period of at least four hours, as defined by national law, between 00.00 hours and 07.00 hours;(i) "night work" shall mean any work performed during night time.Article 4Maximum weekly working timeMember States shall take the measures necessary to ensure that:(a) the average weekly working time may not exceed 48 hours. The maximum weekly working time may be extended to 60 hours only if, over four months, an average of 48 hours a week is not exceeded. The fourth and fifth subparagraphs of Article 6(1) of Regulation (EEC) No 3820/85 or, where necessary, the fourth subparagraph of Article 6(1) of the AETR Agreement shall take precedence over this Directive, in so far as the drivers concerned do not exceed an average working time of 48 hours a week over four months;(b) working time for different employers is the sum of the working hours. The employer shall ask the mobile worker concerned in writing for an account of time worked for another employer. The mobile worker shall provide such information in writing.Article 5Breaks1. Member States shall take the measures necessary to ensure that, without prejudice to the level of protection provided by Regulation (EEC) No 3820/85 or, failing that, by the AETR Agreement, persons performing mobile road transport activities, without prejudice to Article 2(1), in no circumstances work for more than six consecutive hours without a break. Working time shall be interrupted by a break of at least 30 minutes, if working hours total between six and nine hours, and of at least 45 minutes, if working hours total more than nine hours.2. Breaks may be subdivided into periods of at least 15 minutes each.Article 6Rest periodsFor the purposes of this Directive, apprentices and trainees shall be covered by the same provisions on rest time as other mobile workers in pursuance of Regulation (EEC) No 3820/85 or, failing that, of the AETR Agreement.Article 7Night work1. Member States shall take the measures necessary to ensure that:- if night work is performed, the daily working time does not exceed ten hours in each 24 period,- compensation for night work is given in accordance with national legislative measures, collective agreements, agreements between the two sides of industry and/or national practice, on condition that such compensation is not liable to endanger road safety.2. By 23 March 2007, the Commission shall, within the framework of the report which it draws up in accordance with Article 13(2), assess the consequences of the provisions laid down in paragraph 1 above. The Commission shall, if necessary, submit appropriate proposals along with that report.3. The Commission shall present a proposal for a Directive containing provisions relating to the training of professional drivers, including those who perform night work, and laying down the general principles of such training.Article 8Derogations1. Derogations from Articles 4 and 7 may, for objective or technical reasons or reasons concerning the organisation of work, be adopted by means of collective agreements, agreements between the social partners, or if this is not possible, by laws, regulations or administrative provisions provided there is consultation of the representatives of the employers and workers concerned and efforts are made to encourage all relevant forms of social dialogue.2. The option to derogate from Article 4 may not result in the establishment of a reference period exceeding six months, for calculation of the average maximum weekly working time of forty-eight hours.Article 9Information and recordsMember States shall ensure that:(a) mobile workers are informed of the relevant national requirements, the internal rules of the undertaking and agreements between the two sides of industry, in particular collective agreements and any company agreements, reached on the basis of this Directive, without prejudice to Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship(6);(b) without prejudice to Article 2(1), the working time of persons performing mobile road transport activities is recorded. Records shall be kept for at least two years after the end of the period covered. Employers shall be responsible for recording the working time of mobile workers. Employers shall upon request provide mobile workers with copies of the records of hours worked.Article 10More favourable provisionsThis Directive shall not affect Member States' right to apply or introduce laws, regulations or administrative provisions more favourable to the protection of the health and safety of persons performing mobile road transport activities, or their right to facilitate or permit the application of collective agreements or other agreements concluded between the two sides of industry which are more favourable to the protection of the health and safety of mobile workers. Implementation of this Directive shall not constitute valid grounds for reducing the general level of protection afforded to workers referred to in Article 2(1).Article 11PenaltiesMember States shall lay down a system of penalties for breaches of the national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that these penalties are applied. The penalties thus provided for shall be effective, proportional and dissuasive.Article 12Negotiations with third countriesOnce this Directive has entered into force, the Community shall begin negotiations with the relevant third countries with a view to the application of rules equivalent to those laid down in this Directive to mobile workers employed by undertakings established in a third country.Article 13Reports1. Member States shall report to the Commission every two years on the implementation of this Directive, indicating the views of the two sides of industry. The report must reach the Commission no later than 30 September following the date on which the two-year period covered by the report expires. The two-year period shall be the same as that referred to in Article 16(2) of Regulation (EEC) No 3820/85.2. The Commission shall produce a report every two years on the implementation of this Directive by Member States and developments in the field in question. The Commission shall forward this report to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions.Article 14Final provisions1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive by 23 March 2005 or shall ensure by that date that the two sides of industry have established the necessary measures by agreement, the Member States being obliged to take any steps to allow them to be able at any time to guarantee the results required by this Directive.When Member States adopt the measures referred to in the first subparagraph, 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 reference shall be laid down by Member States.2. Member States shall communicate to the Commission the provisions of national law which they have already adopted or which they adopt in the field covered by this Directive.3. Member States shall take care that consignors, freight forwarders, prime contractors, subcontractors and enterprises which employ mobile workers comply with the relevant provisions of this Directive.Article 15Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 16AddresseesThis Directive is addressed to the Member States.Done at Brussels, 11 March 2002.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentJ. Piqué i Camps(1) OJ C 43, 17.2.1999, p. 4.(2) OJ C 138, 18.5.1999, p. 33.(3) Opinion of the European Parliament of 14 April 1999 (OJ C 219, 30.7.1999, p. 235), as confirmed on 6 May 1999 (OJ C 279, 1.10.1999, p. 270), Council Common Position of 23 March 2001 (OJ C 142, 15.5.2001, p. 24) and Decision of the European Parliament of 14 June 2001 (not yet published in the Official Journal). Decision of the European Parliament of 5 February 2002 and Council Decision of 18 February 2002.(4) OJ L 370, 31.12.1985, p. 1.(5) OJ L 307, 13.12.1993, p. 18. Directive as last amended by Directive 2000/34/EC of the European Parliament and of the Council (OJ L 195, 1.8.2000, p. 41).(6) OJ L 288, 18.10.1991, p. 32.

Summary: Road transport: EU rules on the organisation of the working time of professional drivers Road transport: EU rules on the organisation of the working time of professional drivers SUMMARY OF: Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities WHAT IS AIM OF THE DIRECTIVE? It sets out minimum rules for the organisation of working time for drivers supplementing Regulation (EC) 561/2006, which lays down common rules on drivers’ driving times and rest periods. KEY POINTS The rules of the directive apply to all ‘mobile workers’ in the service of a business established in an EU country to perform road transport activities. It also applies to self-employed drivers. ‘Working time’ includes: driving; loading and unloading; helping passengers get on and off the vehicle; cleaning and technical maintenance; all other work related to the safety of the vehicle, passengers or cargo, as well as the carrying out of certain legal obligations directly related to a specific transport operation (such as customs formalities); any other time when the driver is considered to be on duty. A maximum working week is set at 48 hours; however, this can be extended to 60 hours as long as an average of 48 hours per week is not exceeded over a 4-month period. Drivers must not work more than 6 hours without a break. Such breaks must last no less than 30 minutes when a driver works between 6 and 9 hours in a day. This is in addition to the provisions of Regulation (EC) 561/2006, which sets a maximum driving limit of 4.5 hours without a break or rest. The rules of Regulation (EC) 561/2006 on rest are maintained by this directive. Drivers must take daily and weekly rest periods. Where a night shift is worked, a maximum of 10 hours can be worked in any 24-hour period. A 2014 Commission report analysed the implementation of the directive and of the regulation in 2011-2012. It found certain improvements in the application of the legislation. However, the incompleteness and inconsistency of EU countries’ submissions prevented an in-depth analysis of the effect on road safety or on the health and safety of drivers. The European Commission noted that it would launch a comprehensive evaluation of the functioning of social legislation in road transport. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 23 March 2002. It had to become law in the EU countries by 23 March 2005. BACKGROUND A 2008 Commission proposal to modify the directive to exclude self-employed drivers and to enhance its enforcement was rejected by the European Parliament. The directive initially covered only mobile workers employed by a transport company. Since March 2009, it has covered all drivers who fall in the scope of the regulation on driving times, breaks and rest periods. For more information, see: Driving time and rest periods (European Commission). MAIN DOCUMENT Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, pp. 35-39) RELATED DOCUMENTS Report from the Commission to the European Parliament and the Council on the implementation in 2011-2012 of Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport and of Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities (27th report from the Commission on the implementation of the social legislation relating to road transport) (COM(2014) 709 final, 21.11.2014) Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, pp. 1-14) Successive amendments to Regulation (EC) No 561/2006 have been incorporated in the original text. This consolidated version is of documentary value only. last update 20.08.2020