WRITTEN QUESTION E-1242/00 by Elizabeth Lynne (ELDR) to the Commission. Teachers and the working time directive.
C 46 E/154 Official Journal of the European Communities EN 13. 2. 2001 According to Articles 16(2) and 17 of the Directive, the reference period over which the average is to be calculated may vary between 4 and 12 months depending on the situation and the means by which the reference period is laid down. These provisions must be implemented into national law by the Member States. It is for the Member Statesí authorities to ensure that national legislation implementing Community law is applied and enforced. (1) OJ L 307, 13. 12. 1993. (2001/C 46 E/177) WRITTEN QUESTION E-1242/00 by Elizabeth Lynne (ELDR) to the Commission (14 April 2000) Subject: Teachers and the working time directive Would the Commission please specify that teachers are covered under the Working Time Directive? Could the Commission give details regarding the provisions of the Working Time Directive in the educational sector in the UK? Answer given by Mrs Diamantopoulou on behalf of the Commission (8 June 2000) Article 1(3) of Council Directive 93/104/EC concerning certain aspects of the organisation of working time (áworking time directiveí) (1) states that This Directive shall apply to all sectors of activity, both public and private, within the meaning of Article 2 of Directive 89/391/EC, without prejudice to Article 17 of this Directive, with the exception of air, rail, road, sea, inland waterway and lake transport, sea fishing, other work at sea and the activities of doctors in training. í According to Article 2 of Council Directive 89/391/EC on the introduction of measures to encourage improvements in the safety and health of workers at work (2), this Directive shall apply to all sectors of activity, both public and private (industrial, agricultural, commercial, administrative, service, educational, cultural, leisure, etc. ). This Directive shall not be applicable where characteristics peculiar to certain specific public service activities, such as the armed forces or the police, or to certain specific activities in the civil protection services inevitably conflict with it. In that event, the safety and health of workers must be ensured as far as possible in the light of the objectives of this Directive. On the basis of these two provisions, it is clear that the working time Directive applies to the work of teachers. According to information available to the Commission, the Working Time Regulations 1998 (Statutory Instruments 1998 No 1833), which implement the working time Directive in the United Kingdom, apply to the work of teachers. (1) OJ L 307, 13. 12. 1993. (2) OJ L 183, 29. 6. 1989