COMMON POSITION (EC) No 9/94 adopted by the Council on 4 March 1994 with a view to adopting the seventh Directive 94/. . ./EC of the European Parliament and of the Council of . . . on summer-time arrangements (94/C 137/04)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social Committee (2),

Acting in accordance with the procedure referred to in Article 189b of the Treaty,

Whereas the sixth Council Directive 92/20/EEC of 26 March 1992 on summer-time arrangements (3) introduced a common date and time throughout the Community for the beginning of the summer-time period for 1993 and 1994 and, for the end of that period in those years, two different dates, one for Member States other than Ireland and the United Kingdom and another for Ireland and the United Kingdom;

Whereas, given that 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 should be fixed throughout the Community from 1995 onwards;

Whereas, with regard to the principle of subsidiarity, Community action is necessary to ensure complete harmonization of the timing with a view to facilitating transport and communications and reducing the related costs;

Whereas the date considered most appropriate by the Member States for the end of the summer-time period is the end of October and not the end of September as in the past;

Whereas the summer-time period should in future finish at the end of October; whereas, however, for technical reasons to do with the time needed by certain transport sectors to adjust, summer time for 1995 should still finish at the end of September;

Whereas for that year the summer-time period should continue to end on a different date for Ireland and the United Kingdom;

Whereas Article 4 of the sixth Directive provides that the Council, acting on a proposal from the Commission, shall adopt before 1 January 1994 the arrangements to apply from 1995 onwards;

Whereas, for geographical reasons, common summer-time arrangements should not apply to the overseas territories of the Member States;

Whereas it is appropriate to re-examine the summer-time period and whereas arrangements should therefore be adopted for 1995, 1996 and 1997 only,

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

In each Member State the summer-time period for 1995, 1996 and 1997 shall begin at 1 a.m. Greenwich Mean Time (GMT) on the last Sunday in March, i.e.:

- in 1995: on 26 March,

- in 1996: on 31 March,

- in 1997: on 30 March.

Article 3

1. In each Member State the summer-time period shall end at 1 a.m. Greenwich Mean Time (GMT) on the last Sunday in September for 1995 and on the last Sunday in October for 1996 and 1997, i.e.:

- in 1995: on 24 September,

- in 1996: on 27 October,

- in 1997: on 26 October.

2. However, in Ireland and in the United Kingdom the summer-time period for 1995 shall end at 1 a.m. Greenwich Mean Time (GMT) on the fourth Sunday in October, i.e. on 22 October.

Article 4

The arrangements to apply from 1998 onwards shall be adopted by 1 January 1997 on a proposal from the Commission to be submitted before 1 January 1996.

Article 5

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

Article 6

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1994 at the latest. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

Article 7

This Directive is addressed to the Member States.

Done at . . ., . . .

For the European Parliament

The President

For the Council

The President

(1) OJ No C 278, 16. 10. 1993, p. 13.

(2) Opinion delivered on 24 November 1993 (not yet published in the Official Journal).

(3) OJ No L 89, 4. 4. 1992, p. 28.

STATEMENT OF THE COUNCIL'S REASONS

I. Introduction

The Commission sent the Council a proposal for a seventh Directive on summer-time arrangements on 28 September 1993 (1).

The legal basis proposed by the Commission is Article 100a of the EC Treaty, which involves application of the procedure referred to in Article 189b of the EC Treaty.

The European Parliament delivered its opinion on 17 December 1993 (2) and suggested amendments to the Commission proposal.

The Economic and Social Committee delivered its opinion on 24 November 1993 (3).

II. Common position

On 4 March 1994 the Council adopted a common position, based on Article 100a, with a view to the adoption of the abovementioned Directive.

The Council adopted its position unanimously.

III. Objective

The Commission proposal provides for the setting of the dates and times for the beginning and end of summer time throughout the Community for 1995, 1996, 1997 and 1998.

IV. European parliament's amendments

The common position adopted by the Council and accepted by the Commission incorporates most of the amendments adopted by the European Parliament.

The dates and times for the beginning and end of summer time have been set for a three-year period.

For 1995, 1996 and 1997 this period will begin at 1 a.m. Greenwich Mean Time (GMT) on the last Sunday in March and will end at 1 a.m. Greenwich Mean Time (GMT):

- in 1995, on the last Sunday in September in 10 Member States and on the fourth Sunday in October in Ireland and the United Kingdom,

- in 1996 and 1997, on the last Sunday in October in all Member States.

The Council did not, however, accept amendment No 4 (recital 9b, new) or amendment Nos 9 and 12 (Article 3a, new, and corresponding recital, 9a).

On the subject of amendment No 4, the Council took note of the fact that the Commission considers that the investigation of the possibility of introducing a single time zone in all the Member States of the Community goes beyond the objective of this proposal for a Directive.

With regard to amendment Nos 9 and 12, the Council noted the Commission's pledge to carry out a detailed study, in collaboration with representatives of interested circles and national experts from Member States, on the economic and non-economic effects of the change-over from summer time to winter time and vice versa and the adoption of summer time as such, so as to have as full an assessment as possible, in particular with regard to energy consumption, public health, working conditions and lifestyles, agriculture, environmental protection, road safety and the tourist and leisure industries. The Council also noted the Commission's undertaking to report to the European Parliament and the Council on this subject by 1 January 1996.

(1) OJ No C 278, 16. 10. 1993, p. 13.

(2) See 11418/93 PE-RESOL 82.

(3) See CES 1162/93.