No L 216/12 -Official Journal of the European Communities 20. 8. 94 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 189¢ 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 (1) O] 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 (O] 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 (O] No C 91, 28. 3. 1994, p. 89). 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; (3) OJ No C 190, 20. 7. 1987, p. 44. (*) OJ No L 183, 29. 6. 1989, p. 1.