Council Directive 98/23/EC of 7 April 1998 on the extension of Directive 97/81/EC 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
Date: 1998-04-07
Institutions: Council of the European Union
Subjects: Northern Ireland, United Kingdom, framework agreement, part-time employment

L 131/10

EN

Official Journal of the European Communities

5. 5. 98

COUNCIL DIRECTIVE 98/23/EC

of 7 April 1998

on the extension of Directive 97/81/EC 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

part-time and full-time workers in all the Member States,
will improve the functioning of the internal market;

the adoption of

Whereas
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 term ‘Member States' in Directive 97/81/EC
should be construed as including the United Kingdom;

Whereas the United Kingdom should benefit from the
two years that was granted to other
same period of
Member States to bring into force the necessary provi-
sions to comply with Directive 97/81/EC,

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:

As

regards

‘1a.
the United Kingdom of Great
Britain and Northern Ireland, the date of 20 January
2000 in paragraph 1 shall be replaced by the date of 7
April 2000'

Article 3

This Directive is addressed to the Member States.

Done at Luxembourg, 7 April 1998.

For the Council

The President

D. BLUNKETT

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 Parlia-
ment (1),

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

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 par-
ticular Article 4(2) thereof, adopted Directive 97/81/EC (3);
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; whereas it
pointed out 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 might 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 applic-
able in the United Kingdom of Great Britain and
Northern Ireland directly affects the functioning of the
internal market; whereas
the
framework agreement annexed to the said Directive, and
in particular the principle of non-discrimination between

the implementation of

(1) Opinion delivered on 1 April 1998 (not yet published in the

Official Journal).

(2) Opinion delivered on 25 March 1998 (not yet published in

the Official Journal).

(3) OJ L 14, 20. 1. 1998, p. 9.