WRITTEN QUESTION E-1919/98

by Karin Jöns (PSE) to the Commission

(18 June 1998)

Subject: Parental leave

On 3 June 1996 the Council adopted Directive 96/34/EC(1) on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC. The Member States are required to comply with the Directive by 3 June 1998 or to ensure that management and labour have introduced the necessary measures by agreement, the Member States being required to take any necessary measures to guarantee the results imposed by the Directive. In the event of 'special difficulties or implementation by a collective agreement' a maximum additional period of one year may be granted.

1. Which Member States have informed the Commission that they have transposed the Directive?

2. Can the Commission confirm that all the results imposed by the Directive are guaranteed in those Member States by that transposition?

3. Which Member States have been granted a one-year extension of the period for transposing the Directive? Was the extension based on 'special difficulties' or on "implementation by a collective agreement"?

4. Which Member States have not transposed the Directive?

5. What steps does the Commission intend to take to ensure the transposition of the Directive in those Member States, too?

Answer given by Mr Flynn On behalf of the Commission

(3 August 1998)

1. and 4. By 3 June 1998 (deadline for transposition of Directive 96/34/EC into national law), the Commission had received notification of national implementing measures adopted by Belgium, Denmark, Spain, France, the Netherlands and Sweden. Austria had notified the Commission of a limited number of implementing measures only. The Commission would also like to remind the Honourable Member that the Directive, having been adopted in the context of the Agreement on Social Policy, does not apply to the United Kingdom. Council Directive 97/75/EC of 15 December 1997 amending and extending to the United Kingdom Directive 96/34/EC on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC(2), adopted by the Council on 15 December 1997, requires the Directive on parental leave to be transposed by the United Kingdom by 15 December 1999.

2. The Commission is still in the process of examining the national measures implementing the Directive submitted by certain Member States. When it has completed this examination, it will decide whether transposition enables the Member States concerned to fulfil their responsibilities regarding implementation of the Directive.

3. As of 3 June 1998, only Ireland and Austria had formally notified the Commission of their need for an extension to the deadline for transposing the Directive, in accordance with Article 2(2). The Irish and Austrian authorities both referred to "special difficulties" as the reason.

5. In accordance with its normal practice and its responsibility as guardian of the Treaties, the Commission will in the very near future initiate infringement proceedings against the Member States which have not notified it of their national measures adopted to implement the Directive on parental leave.

(1) OJ L 145, 19.6.1996, p. 4.

(2) OJ L 10, 16.1.1998.