Council Directive 98/52/EC of 13 July 1998 on the extension of Directive 97/80/EC on the burden of proof in cases of discrimination based on sex to the United Kingdom of Great Britain and Northern Ireland
Date: 1998-07-13
Institutions: Council of the European Union
Subjects: European social policy, Northern Ireland, United Kingdom, equal treatment, proof, sexual discrimination

L 205/66

EN

Official Journal of the European Communities

22. 7. 98

COUNCIL DIRECTIVE 98/52/EC

of 13 July 1998

on the extension of Directive 97/80/EC 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 (1),

Having regard to the opinion of
liament (2),

the European Par-

Having regard to the opinion of the Economic and Social
Committee (3),

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
adopted Directive 97/80/EC (4);
Article 2(2)
whereas, as a result, the said Directive does not apply to
the United Kingdom;

thereof,

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 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
Treaty of Amsterdam;

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 applic-
able in the United Kingdom directly affects the func-
tioning of
the common market; whereas an effective
implementation of the principle of equal treatment for
men and women, in particular as regards the rules organ-
izing the burden of proof in cases of discrimination based
on sex, in all the Member States will improve the func-
tioning of the common market;

Whereas the adoption of this Directive will make Dir-
ective 97/80/EC applicable in the United Kingdom;
whereas, from the date on which this Directive enters into
force, the 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 provi-
sions to comply with Directive 97/80/EC,

HAS ADOPTED THIS DIRECTIVE:

Article 1

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 of Article 7 of Directive 97/80/EC:

‘As regards the United Kingdom of Great Britain and
Northern Ireland, the date of 1 January 2001 in para-
graph 1 shall be replaced by 22 July 2001.'

Article 3

This Directive shall enter into force on the day of its
publication.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 13 July 1998.

For the Council

The President

W. SCH(cid:154)SSEL

(1) OJ C 332, 7. 11. 1996, p. 11.
(2) OJ C 167, 1. 6. 1998.
(3) OJ C 157, 25. 5. 1998, p. 64.
(4) OJ L 14, 20. 1. 1998, p. 6.