8.10.2015 Official Journal of the European Union L 263/1 (Legislative acts) DIRECTIVES DIRECTIVE (EU) 2015/ 1794 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 October 2015 amending Directives 2008/94/EC, 2009/38/EC and 2002/14/EC of the European Parliament and of the Council, and Council Directives 98/59/EC and 2001/23[EC, as regards seafarers (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153(2)(b) in conjunction with Article 153(1)(b) and (e) thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee (), Having regard to the opinion of the Committee of the Regions (3, Acting in accordance with the ordinary legislative procedure (%), Whereas: (1) Under Article 153 of the Treaty on the Functioning of the European Union (TFEU), the European Parliament and the Council may, in accordance with the ordinary legislative procedure, adopt, by means of directives, minimum requirements for gradual implementation aiming to improve the working conditions and the information and consultation of workers. Such directives must avoid imposing disproportionate costs, or administrative, financial and legal constraints in a way that would hold back the creation and development of small and medium-sized undertakings, which are the drivers of sustainable growth and jobs. (2)  Directives 2008/94/EC (%), 2009/38/EC (*) and 2002/14/EC (°) of the European Parliament and of the Council and Council Directives 98/59/EC (") and 2001/23/EC (), either exclude certain seafarers from their scope or allow Member States to exclude them. () OJ C226,16.7.2014,p. 35. () OJC174,7.6.2014,p. 50. () Position of the European Parliament of 8 July 2015 (not yet published in the Official Journal) and decision of the Council of 18 September 2015. (*) Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer (O] L 283, 28.10.2008, p. 36). () Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 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 (OJ L 122, 16.5.2009, p. 28). (°) 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 (OJ L 80, 23.3.2002, p. 29). () Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (OJL 225,12.8.1998, p. 16). (¥) 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 (O] L 82, 22.3.2001, p. 16).