Proposal for a Council Directive on the extension of Council Directive 97/80/EC of 15 December 1997, on the burden of proof in cases of discrimination based on sex to the United Kingdom of Great Britain and Northern Ireland
Date: 1998-03-03
Institutions: European Commission
Subjects: Northern Ireland, United Kingdom, framework agreement, part-time employment, proof, sexual discrimination

COMMISSION OF THE EUROPEAN COMMUNITIES 

H 

-ft 

Brussels, 03.03.1998 

COM(1998) 84 final 

98/0065 (CNS) 
98/0066 (CNS) 

Proposal for a 
COUNCIL DIRECTIVE 
on the extension of Council Directive 97/81/EC of 15 December 1997, on the 
Framework Agreement on part-time work concluded by UNICE, CEEP and 
the ETUC, to the United Kingdom of Great Britain and Northern Ireland 

Proposal for a 
COUNCIL DIRECTIVE 
on the extension of Council Directive 97/80/EC of 15 December 1997, on the 
burden of proof in cases of discrimination based on sex to the 
United Kingdom of Great Britain and Northern Ireland 

(presented by the Commission) 

PROPOSAL FOR A 

COUNCIL DIRECTIVE 

on  the  extension  of  Council  Directive  97/81/EC  of  15  December  1997,  on  the 
Framework Agreement on part-time work concluded by UNICE, CEEP and the 
ETUC, to the United Kingdom of Great Britain and Northern Ireland 

EXPLANATORY  MEMORANDUM 

Introduction 

The  aim  of  this  proposal  is  to  extend  Council  Directive  97/81 /EC  of  15  December 
1997 on  the  Framework  Agreement  on  part-time  work  concluded  by  UNICE,  CEEP 
and the ETUC to the United Kingdom of Great Britain and Northern  Ireland. 

Council Directive 97/81/EC, adopted  on the basis of Article 4(2) of the Agreement  on 
Social  Policy  annexed  to  Protocol  14  on  Social  Policy  annexed  to  the  Treaty 
establishing  the  European  Community,  does  not  currently  apply  to  the  United 
Kingdom of Great Britain and Northern Ireland. 

The  Amsterdam  European  Council  of  16-17  June  1997  noted  with  approval  the 
agreement  of the  Intergovernmental  Conference  to  incorporate  the  Social  Agreement 
in the Treaty. 

At  the  said  meeting  of  the  European  Council  the  Members  of  the  European  Council 
whose  States  are party  to  the  Agreement  on  Social  Policy  annexed  to  Protocol  14 to 
the  Treaty  on  European  Union  welcomed  wholeheartedly  the  decision  of  the  United 
Kingdom to accede to the social  provisions of the new Treaty.  They noted  with great 
satisfaction  the willingness of the United Kingdom to accept the Directives which have 
already  been  adopted  on  the  basis  of that  Agreement.  The  European  Council  noted, 
also,  that  a  means  had  to  be  found,  in  advance  of  the  signature  of  the  Amsterdam 
Treaty, to give legal effect  to these wishes. 

At  the  Council  of 24  July  1997, the  Council  and  the  Commission  agreed  to  put  into 
effect  the  conclusions  adopted  at  the  Amsterdam  European  Council.  To  this  effect, 
they  agreed  that  Directives  already  adopted  on  the  basis  of  the  Agreement  on  Social 
Policy  should  be  made  applicable  to  the  United  Kingdom  through  the  adoption  of 
Article  100 ECT Directives.  To  this end,  the  Commission  should  as  soon  as  possible 
submit to the Council the relevant  proposals.  Such proposals should  without  prejudice 
to the necessary technical  adjustments,  not alter the substance of the  above-mentioned 
Directives.  The  same  procedure  should  also  applied,  mutatis  mutandis,  to  future 
Directives adopted on the basis of the Agreement on Social Policy. 

The Commission's  Proposal 

i. Legal base 
Directive 97/81/EC, which  implements the Framework  Agreement  on part-time  work, 
contributes in particular to the objective of improving working and living conditions, as 
referred  to  in  Article  1  of  the  Agreement  on  Social  Policy,  to  the  promotion  of 
employment  and  development  of  human  resources.  It  is obvious  that  the  extension  of 
these provisions to the United Kingdom of Great Britain and Northern  Ireland  will lead 
to  a  better  realisation  of  these  objectives,  ensuring  that  they  will  be  pursued  by  all 
Member  States.  Bringing  the  legislation  of the  United  Kingdom  of  Great  Britain  and 
Northern  Ireland  into  line  with  Council  Directive  97/81/EC  will,  therefore,  have  a 
In 
direct  impact  on  the  establishment  and  functioning  of  the  common  market 

consequence the appropriate  legal  base for the Commission's  proposal  is  Article  100 
of the Treaty. 

ii. Articles 
Article 1 
The  application  of  Directive  97/81 /EC  to  the  United  Kingdom  may  be  effected  by 
means of a Directive  addressed to  the Member  States.  No  substantive  amendment  of 
Directive 97/81/EC will be necessary, the only amendment being the purely formal one 
of the date of implementation in the United Kingdom. 

Article 2 

With  regard  to  implementation,  the  United  Kingdom  should  be  allowed  the  same 
length of time after  adoption  of the present Directive  as was  permitted  for  the other 
Member States after the adoption of Directive 97/81/EC. 

PROPOSAL FOR A COUNCIL  DIRECTIVE 
on the extension of Council  Directive 97/81/EC of  15 December 1997, on the 
Framework Agreement on part-time work concluded  by UN ICE, CEEP and the 
ETUC, to the United Kingdom of Great Britain and Northern  Ireland 

THE COUNCIL OF THE EUROPEAN UNION, 

HK  |  O o t 'V  CuviÇ) 

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

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European  Parliament, 

Having regard to the opinion of the Economic and Social Committee, 

Whereas  the  Council,  acting  in  accordance  with  the  Agreement  on  Social  Policy 
annexed  to  Protocol  No  14  on  social  policy  annexed  to  the  EC  Treaty,  and  in 
particular  Article 4(2) thereof, adopted  Directive  97/81/EC1; whereas, as a result, the 
said  Directive  does  not  apply  to  the  United  Kingdom  of  Great  Britain  and  Northern 
Ireland; 

Whereas the Amsterdam  European  Council  held on  16 and  17 June  1997, noted  with 
approval  the  agreement  of  the  Intergovernmental  Conference  to  incorporate  the 
Agreement  on  social  policy  in the  EC Treaty  and  also  noted  that  a means  had  to  be 
found  to give  legal effect  to the wish of the United  Kingdom to accept the Directives 
already  adopted  on  the  basis  of  that  Agreement  and  those  which  may  be  adopted 
before the entry into force of the new treaty; 

Whereas  at the  Council  of  24 July  1997, the  Council  and  the  Commission  agreed  to 
put into effect  the conclusions adopted at the Amsterdam  European Council;  whereas 
they  also agreed to apply  the  same procedure, mutatis  mutandis, to  future  Directives 
adopted on the basis of the Agreement on Social  Policy;  whereas this Directive seeks 
to achieve this aim by extending Directive 97/81/EC to the United  Kingdom; 

Whereas the fact  that  Directive  97/81/EC  is not applicable  in the  United  Kingdom  of 
Great  Britain  and  Northern  Ireland  directly  affects  the  functioning  of  the  common 
market; whereas the implementation  of the framework  agreement  annexed  to the said 
Directive, and  in particular  the principle of non-discrimination  between  part-time  and 
full-time  workers,  in  all  the  Member  States  will  improve  the  functioning  of  the 
common market; 

Whereas the adoption of this Directive will make Directive 97/81/EC applicable  in the 
United  Kingdom; whereas, from  the date on which this Directive enters into force, the 

"J.O.  L.  NT 14, 20.1.98,  page  9 

term "Member States" in Directive 97/81 /EC should be construed as including the 
United Kingdom, 

Whereas the United Kingdom should benefit from the same period of two years that 
was granted to other Member States to bring into force the necessary provisions to 
comply with the directive, 

HAS ADOPTED THIS DIRECTIVE  : 

Article  1 

Without  prejudice  to  Article  2,  Directive  97/81/EC,  shall  apply  to  the  United 
Kingdom of Great Britain and Northern Ireland. 

Article 2 

The following paragraph shall be inserted in Article 2 of Directive 97/81/EC: 

"la.  As regards the United Kingdom of Great Britain and Northern Ireland, the date 
[2 years after adoption of this 
of 20.1.2000  in paragraph  1 shall  be replaced  by 

directive] 

This Directive is addressed to the Member States. 

Article 3 

Done at 

PROPOSAL FOR A 

COUNCIL DIRECTIVE 

on  the  extension  of  Council  Directive  97/80/EC  of  15  December  1997,  on  the 
burden of proof in cases of discrimination based on sex to the United Kingdom of 
Great Britain and Northern Ireland 

EXPLANATORY  MEMORANDUM 

Introduction 

The  aim  of  this  proposal  is  to  extend  Council  Directive  97/80/EC  of  15  December 
1997 on  the  burden  of  proof  in  cases  of  discrimination  based  on  sex  to  the  United 
Kingdom of Great Britain and Northern Ireland. 

Council Directive 97/80/EC, adopted  on the basis of Article 2(2) of the Agreement  on 
Social  Policy  annexed  to  Protocol  14  on  Social  Policy  annexed  to  the  Treaty 
establishing  the  European  Community,  does  not  currently  apply  to  the  United 
Kingdom of Great Britain and Northern  Ireland. 

The  Amsterdam  European  Council  of  16-17  June  1997  noted  with  approval  the 
agreement  of the  Intergovernmental  Conference  to  incorporate  the  Social  Agreement 
in the Treaty. 

At the  said  meeting  of the  European  Council,  the  Members  of  the  European  Council 
whose  States are party  to  the  Agreement  on  Social  Policy  annexed  to  Protocol  14 to 
the  Treaty  on  European  Union  welcomed  wholeheartedly  the  decision  of  the  United 
Kingdom to accede to the  social  provisions of the new Treaty.  They noted  with  great 
satisfaction  the willingness of the United  Kingdom to accept the Directives which have 
already  been  adopted  on  the  basis  of  that  Agreement.  The  European  Council  noted, 
also,  that  a  means  had  to  be  found,  in  advance  of  the  signature  of  the  Amsterdam 
Treaty, to give legal effect  to these wishes. 

At  the  Council  of  24  July  1997, the  Council  and  the  Commission  agreed  to  put  into 
effect  the  conclusions  adopted  at  the  Amsterdam  European  Council.  To  this  effect, 
they  agreed  that  Directives  already  adopted  on  the  basis  of  the  Agreement  on  social 
policy  should  be  made  applicable  to  the  United  Kingdom  through  the  adoption  of 
Directives  based  on  Article  100 of the  Treaty  establishing  the  European  Community. 
To  this  end,  the  Commission  should  as  soon  as  possible  submit  to  the  Council  the 
relevant proposals. Such proposals should without  prejudice to the necessary technical 
adjustments,  not  alter  the  substance  of  the  above-mentioned  Directives.  The  same 
procedure  should  also  applied,  mutatis  mutandis,  to  future  Directives  adopted  on  the 
basis of the Agreement on Social Policy. 

The Commission's  Proposal 

i. Legal base 
In accordance  with  Article  1 of the  Agreement  on  Social  Policy,  the  Community  and 
the Member  States have set themselves the objective  of improving living  and  working 
conditions.  Directive  97/80/EC,  which  ensures  an  effective  implementation  of  the 
principle of equal treatment for men and women, contributes to achieving this aim. It is 
obvious  that  the  extension  of  its  provisions  to  the  United  Kingdom  of  Great  Britain 
and Northern  Ireland  will  lead  to  a better  realisation  of this  objective,  ensuring  that  it 
will be pursued  by all Member  States. Bringing the legislation  of the  United  Kingdom 
of Great  Britain  and  Northern  Ireland  into  line with  Council  Directive  97/80/EC  will, 
therefore,  have  a  direct  impact  on  the  establishment  and  functioning  of  the  common 

8 

market.  In  conséquence  the  appropriate  legal  base  for  the  Commission*s  proposal is 
Article  100 of the Treaty. 

ii. Articles 
Article  J 
The  application  of  Directive  97/80/EC  to  the  United  Kingdom  may  be  effected  by 
means  of a Directive  addressed  to  the  Member  States.  No  substantive  amendment  of 
Directive 97/80/EC will be necessary, the only amendment  being the purely formal  one 
of the date of implementation  in the United  Kingdom. 

Article 2 

With  regard  to  implementation,  the  United  Kingdom  should  be  allowed  the  same 
length  of time after  adoption  of the  present  Directive  as was  permitted  for  the  other 
Member States after the adoption of Directive 97/80/EC. 

PROPOSAL  FOR A COUNCIL DIRECTIVE 
on the extension  of Council  Directive 97/80/EC of 15 December 1997,on the 
burden of proof in cases of discrimination  based on sex to the United Kingdom of 
Great Britain and Northern Ireland 

THE COUNCIL OF THE EUROPEAN  UNION, 

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

Having regard to the proposal  from  the Commission, 

Having regard to the opinion of the European  Parliament, 

Having regard to the opinion of the Economic and Social Committee, 

Whereas  the  Council,  acting  in  accordance  with  the  Agreement  on  Social  Policy 
annexed  to  Protocol  14 on  Social  Policy  annexed  to the  EC  Treaty  and  in  particular 
Article  2(2)  thereof,  adopted  Directive  97/80/EC1;  whereas,  as  a  result,  the  said 
Directive  does  not  apply  to  the  United  Kingdom  of  Great  Britain  and  Northern 
Ireland; 

Whereas the Amsterdam  European  Council  held  on  16 and  17 June  1997, noted  with 
approval  the  agreement  of  the  Intergovernmental  Conference  to  incorporate  the 
Agreement  on  social  policy  in the  EC  Treaty  and  also  noted  that  a means  had  to  be 
found  to give  legal effect  to the wish of the  United  Kingdom  to accept the  Directives 
already  adopted  on  the  basis  of  that  Agreement  and  those  which  may  be  adopted 
before  the entry into force of the new treaty; 

Whereas  at the  Council  of  24 July  1997, the  Council  and  the  Commission  agreed  to 
put into effect  the conclusions adopted at the Amsterdam  European Council;  whereas 
they  also  agreed  to  apply  the  same procedure, mutatis  mutandis, to  future  Directives 
adopted on the basis of the Agreement on Social Policy;  whereas this Directive  seeks 
to achieve this aim by extending Directive 97/80/EC to the United Kingdom; 

Whereas the  fact  that  Directive  97/80/EC  is not applicable  in the  United  Kingdom  of 
Great  Britain  and  Northern  Ireland  directly  affects  the  functioning  of  the  common 
market;  whereas  an  effective  implementation  of  the  principle  of  equal  treatment  for 
men  and  women,  in  particular  as regards  the  rules  organising  the  burden  of  proof  in 
cases  of  discrimination  based  on  sex,  in  all  the  Member  States  will  improve  the 
functioning  of the common  market; 

Whereas the adoption of this Directive will make Directive 97/80/EC applicable  in the 
United  Kingdom; whereas, from  the date on which this Directive enters into force, the 

J.O. Ln°  14, 20.1.98, page 

-10 

term  "Member  States"  in  Directive  97/80/EC  should  be  construed  as  including  the 
United Kingdom, 

Whereas the United Kingdom should benefit from the same period of three years that 
was granted to  other  Member  States to  bring  into  force  the  necessary  provisions  to 
comply with the directive. 

HAS ADOPTED THIS DIRECTIVE 

Article  I 

Without  prejudice  to  Article  2,  Directive  97/80/EC,  shall  apply  to  the  United 
Kingdom of Great Britain and Northern  Ireland. 

Article 2 

The  following  paragraph  shall  be  inserted  after  the  first  paragraph  in  Article  7  of 
Directive 97/80/EC: 

As  regards  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland,  the  date  of 
1.1.2001  in  paragraph  1  shall  be  replaced  by 
[3  years  after  adoption  of  this 
directive] 

This Directive is addressed to the Member States. 

Article 3 

Done at 

i\ 

ISSN 0254-1475 

COM(98) 84 final 

DOCUMENTS 

EN 

04  05  06 

Catalogue  number  :  CB-CO-98-089-EN-C 

ISBN 92-78-31130-8 

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