Brussels, 16/09/2003 (Agence Europe) - The European Commission does not seem willing to ease European rules on working hours in the immediate future, unlike what it seemed to be hinting at in its first comments after the Court of Justice's ruling in the Jaegger affair which brings into question the non-payment of on-call periods in German hospitals (see EUROPE of 10 September, p.11).
By the end of the year, the European Commission must present a full report to the Council of Ministers of the European Union and to the European Parliament on application of the directive in the Member States. This, however, is no more no less than a ritual obligation foreseen every five years by the directive of 23 November 1993 on working hours. The report will also contain an assessment of certain possibilities for derogation included in the directive (daily rest periods, duration of breaks, weekly rest periods, maximum number of hours worked per week, night work). Exemptions may be made in certain circumstances and in certain conditions, especially in the aim of ensuring continuity of service or production in some sectors, hospitals or similar establishments. It does not, however, concern payment of salaries, or the definition of working hours. In order to prepare the report, a meeting must be held end September in Brussels with the representatives of Member States. Generally speaking, Antonio Mochan, Spokesperson for Employment Commissioner Anna Diamantopoulou said, "the Commission does not have any new proposals on the table for now". Regarding the consequences that the Court's ruling would have, she remains cautious, saying: "We should now study the ruling of the Court and draw conclusions before adopting a position".