Amended proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on summer-time arrangements (presented by the Commission pursuant to Article 250 (2) of the EC-Treaty)

EXPLANATORY MEMORANDUM

A. Principles

1. On 20 June 2000, the Commission has submitted a proposal for a Directive of the European Parliament and of the Council on summer time arrangements (COM(2000)302 final, 2000/0140(COD)( [1].

[1] Not yet published

On 29 November 2000, the Economic and Social Committee adopted a favourable opinion [2].

[2] Not yet published

On 12 December 2000, the European Parliament adopted two amendments in its first reading. The Commission accepted both of them.

2. The Commission has introduced the amendments by the European Parliament.

B. Explanation of the amendments

1. Amendment n°3 has been taken on board. As a consequence in the 4th whereas "unlimited" is replaced by "unspecified" which makes the arrangements more transparent and strengthen the precautionary principle.

2. In Article 5, amendment 4 of the EU is taken on board. As a matter of fact a new paragraph 2 is added to the initial wording of article 5 which gives the possibility to the Commission if necessary and as a result of the conclusions of the report as referred to in paragraph 1, to present appropriate proposals.

2000/0140 (COD)

Amended proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on summer-time arrangements

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission [3],

[3] OJ C

Having regard to the opinion of the Economic and Social Committee [4],

[4] OJ C

Acting in accordance with the procedure laid down in Article 251 of the Treaty,

Whereas:

(1) Eighth Directive 97/44/EC of the European Parliament and of the Council of 22 July 1997 on summer-time arrangements [5] introduced a common date and time in all Member States, for the beginning and end of summer-time in 1998, 1999, 2000 and 2001.

[5] OJ L 206, 1.8.1997, p. 62.

(2) Given that the Member States apply summer-time arrangements, it is important for the functioning of the internal market that a common date and time for the beginning and end of the summer-time period be fixed throughout the Community.

(3) The summer-time period considered most appropriate by the Member States runs from the end of March to the end of October; that period should therefore be maintained.

(4) The proper functioning of certain sectors, not only transport and communications, but also other sectors of industry, requires stable, long-term planning. Provisions concerning summer-time should therefore be laid down for an unspecified period. Article 4 of Directive 97/44/EC provides, in that respect, that the European Parliament and the Council are to adopt, by 1 January 2001, the arrangements to apply from 2002 onwards.

(5) For reasons of clarity and accuracy of information, a timetable for the implementation of the summer-time period for the following five years should be drawn up and published every five years.

(6) Implementation of this Directive should, moreover, be monitored by means of a report on the impact of the provisions of this Directive in all of the areas concerned submitted to the European Council and the Economic and Social Committee by the Commission. That report should be based on the information made available to the Commission by the Member States in sufficient time to enable the report to be presented at the specified time.

(7) In accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty, the complete harmonisation of the timetable for the summer-time period with a view to facilitating transport and communications cannot be sufficiently achieved by the Member States and can therefore be better achieved by the Community. This Directive confines itself to the minimum required in order to achieve those objectives and does not go beyond what is necessary for that purpose.

(8) For geographical reasons, the common summer-time arrangements should not apply to the overseas territories of the Member States,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

For the purposes of this Directive "summer-time period" shall mean the period of the year during which clocks are put forward by 60 minutes compared with the rest of the year.

Article 2

From 2002 onwards, the summer-time period shall begin, in every Member State, at 1.00 a.m., Greenwich Mean Time, on the last Sunday in March.

Article 3

From 2002 onwards, the summer-time period shall end in every Member State at 1.00 a.m., Greenwich Mean Time, on the last Sunday in October.

Article 4

The Commission shall publish a communication in the Official Journal of the European Communities, for the first time on the occasion of the publication of this Directive, and every five years thereafter, containing the timetable showing the dates on which the summer-time period will begin and end for the following five years.

Article 5

1. The Commission shall report to the European Parliament, the Council and the Economic and Social Committee on the impact of the provisions of this Directive on the sectors concerned by 31 December 2007 at the latest. That report shall be drawn up on the basis of the information made available to the Commission by each Member State by 30 April 2007 at the latest.

2. The Commission will present, if necessary and as a result of the conclusions of the report as referred to in paragraph 1, appropriate proposals.

Article 6

This Directive shall not apply to the overseas territories of the Member States.

Article 7

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2001 at the latest. They shall forthwith inform the Commission thereof.

When the Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 8

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.

Article 9

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

Communication [6] from the Commission pursuant to Article 4 of Directive ... of the European Parliament and of the Council on summer-time arrangements [7]

[6] To be published separately in the OJ following adoption of the Directive.

[7] OJ

Timetable for the summer-time period

For 2002-2006 inclusive, the summer-time periods will begin and end respectively on the following dates at 1.00 a.m. Greenwich Mean Time:

- in 2002: the Sundays of 31 March and 27 October;

- in 2003: the Sundays of 30 March and 26 October;

- in 2004: the Sundays of 28 March and 31 October;

- in 2005: the Sundays of 27 March and 30 October;

- in 2006: the Sundays of 26 March and 29 October.