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Which companies in principle covered by Directive 94/45 are exempt?

Firstly, companies (and thus EWCs) which established an EWC or a procedure for information and consultation before 22.09.1996 (deadline for transposition into national legal systems) are exempt from the regime of the EWC Directive (so-called ‘Article 13 agreements’, voluntary EWC agreements).

Secondly, in Art. 1 paragraph 5 the Directive states that it shall not apply to merchant navy crews.

Companies having headquarters outside the EU, though fulfilling the criteria laid down in the Directive are NOT exempt from the Directive.

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