Changes from plenary report to adopted text

RemovedSHORT JUSTIFICATION

RemovedYour rapporteur welcomes the Commission’s proposal to put an end to seasonal time changes in a harmonised manner in all Member States, thereby taking Parliament up on its numerous calls for such measures over the last several years.

RemovedThe practice of bi-annual clock changes, which has been prescribed by Union legislation for close to 40 years, has recently been met with much opposition by citizens and civil society.

RemovedIt is important to underline that such seasonal changes of time affect not only the functioning of the internal market but also raise multiple public health concerns, not least related to the protection of specific minority groups which are disproportionately affected by the disruption of the circadian cycle. Studies have furthermore shown that the number of accidents and heart attacks increase during the days following a clock change.

RemovedWhile it is clear that action is needed at Union level in order to harmonise the end of seasonal time changes, rules in the form of a directly applicable Regulation which would prescribe the use of either standard time or summer time in all Member States would be needlessly over-reaching and would not take into account different needs and conditions in different parts of the EU. The Member States should therefore be free to make their own choice. They should however be given more time before the Directive starts to apply in order to prepare for the change, which should be implemented in a concerted and coordinated manner.

RemovedYour rapporteur regrets that the Commission did not conduct any proper impact assessment and did not hold a full 12 weeks long public and stakeholder consultation before it presented the proposal to update Directive 2000/84/EC. It must be underlined that in the Interinstitutional Agreement on Better Law-Making, the institutions have committed to the understanding that impact assessments and consultations constitute essential tools for improving the quality of Union legislation.

RemovedThis rapporteur nevertheless fully agrees with the rapporteur in the lead committee that this directive should be adopted as soon as possible, and preferably before the end of the current legislature in order to ensure legal certainty and to allow Member States to well prepare for the upcoming changes.

RemovedAMENDMENTS

RemovedThe Committee on Legal Affairs calls on the Committee on Transport and Tourism, as the committee responsible, to take into account the following amendments:

RemovedCitation 4 a (new): Having regard to the results of the online consultation conducted by the European Commission between 4 July 2018 - 16 August 2018

RemovedRecital 2: (2) Against the background of several petitions and numerous initiatives from citizens, parliamentary questions and a public hearing on the matter, the European Parliament, in its resolution of 8 February 2018, called on the Commission to conduct an assessment of the summer-time arrangements provided by Directive 2000/84/EC and, if necessary, to come up with a proposal for its revision. That resolution also confirmed that it is essential to maintain a harmonised approach to time arrangements throughout the Union.

RemovedRecital 3: (3) Harmonised Union rules must ensure the proper functioning of the internal market with a long term focus and predictability, and avoid, inter alia, disruptions to the scheduling of transport operations and the functioning of information and communication systems, higher costs to cross-border trade, or lower productivity for goods and services, which are issues with a significant impact both on the proper functioning of the internal market, business activity and the lives of citizens. Evidence is not conclusive that there are no significant benefits from the biannual change of time, although numerous scientific studies, including the European Parliamentary Research Service study of October 2017 on EU summer-time arrangements under Directive 2000/84/EC, indicate the existence of negative effects on human health, in particular for certain groups such as children and the elderly, and suggest a link with cardiovascular diseases through the internal chronodisruption. From an economic perspective, bi-annual change implies additional costs and administrative burdens for many sectors.

RemovedRecital 4: (4) A public consultation on summer-time arrangements held by the Commission in July-August 2018 received 4.6 million responses, which is the largest number ever received in any Commission consultation, and indicated that it is the citizens preference to stop bi-annual clock changes. Also, some Member States have already expressed their preference to discontinue the application of such arrangements. In the light of these developments, it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between Member States in this area. Therefore, it is appropriate to put an end in a coordinated way to summer-time arrangements.

RemovedRecital 5: (5) This Directive should not prejudice the right of each Member State, in accordance with the principle of subsidiarity, to decide on the standard time or times for the territories under its jurisdiction and falling under the territorial scope of the Treaties, and on further changes thereto. In in order to minimise disruptions to the functioning of the internal market relating to, inter alia, to transport, communications and other concerned sectors, and to allow for coordination, they should notify the Commission by 1 April 2020 of their intention to change their standard time. The Commission should, on the basis of that notification, inform all other Member States, the general public and stakeholders by publishing this information in an appropriate and timely manner. It should also assess the impact on the functioning of the internal market of the envisaged changes of standard time and conduct an expert analysis on the subject, taking into account nature, health and social aspects as well as geographical differences among Member States.

RemovedRecital 5 a (new): (5a) For the purpose of ensuring a harmonised implementation of this directive, Member States should coordinate in advance their decision on the envisaged standard times. The Commission should therefore establish a coordination mechanism with the aim to ensure a harmonised and coordinated approach to time arrangements throughout the Union. The coordination mechanism should consist of one designated representative of each Member State and one representative of the Commission.

RemovedRecital 6: (6) Therefore, it is necessary to put an end to the harmonisation of the period covered by summer-time arrangements as laid down in Directive 2000/84/EC and to introduce common rules preventing Member States from applying different seasonal time arrangements. This Directive aims at contributing in a determined manner to the smooth functioning of the internal market and should, consequently, be based on Article 114 of the Treaty on the Functioning of the European Union, as interpreted in accordance with the consistent case-law of the Court of Justice of the European Union.

RemovedRecital 6 a (new): (6a) A time change unrelated to seasonal shifts will lead to transition costs, especially with regard to IT systems in transport and other sectors. In order to reduce significantly the costs of transition, a reasonable preparation period is needed for implementation of this Directive.

RemovedRecital 7: (7) In order to ensure a concerted and coordinated harmonisation of standard time in accordance with the aim of this Directive, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of postponing the date of application of this Directive in when time arrangements would have the potential to seriously disrupt the proper functioning of the internal market. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

RemovedRecital 7 a (new): (7a) Member States should coordinate among themselves the standard times for which they opt, which should be as fully harmonised between Member States as possible in order to avoid excessively different time zones in the EU, so as to ensure the proper functioning of the internal market and make it predictable for the citizens, consumers and sectors concerned.

RemovedRecital 8: (8) Implementation of this Directive should be monitored. The results of this monitoring should be presented by the Commission in a sufficiently substantiated report to the European Parliament and to the Council. That report should be based on the information that is made available to the Commission by the Member States in a timely fashion to allow for the report to be presented at the specified time.

RemovedArticle 1 – paragraph 2: 2. Notwithstanding paragraph 1, Member States may still apply a seasonal change of their standard time. The Member States shall notify this decision in accordance with Article 2.

RemovedArticle 2: 1. The Commission shall establish a coordination mechanism with the aim to ensure a harmonised and coordinated approach to time arrangements throughout the Union. The coordination mechanism shall consist of one representative for each Member State and one representative of the Commission. / 2. Member States shall notify to the Commission of their intentions according to Article 1 by 1 April 2020. Without delay, the coordination mechanism shall discuss and assess the potential impact of the envisaged change on the functioning of the internal market, in order to avoid significant disruptions. / 3. Where on the basis of the assessment referred to in paragraph 2, the Commission considers that an envisaged change will significantly disrupt the functioning of the internal market, it shall inform the Member State in question. / 4. By 31 October 2020 at the latest, the Member States shall decide whether to maintain its intention or not. It shall provide a detailed explanation how it will address the negative impact of the change on the functioning of the internal market.

RemovedArticle 2 a (new): Article 2a / 1. The Commission, in close cooperation with the coordination mechanism referred to in Article 2, shall closely monitor the foreseen time arrangements throughout the Union. / 2. The Commission is empowered to adopt delegated acts in accordance with Article 2b in order to postpone the date of application of this Directive, by no more than 12 months, where it determines that the foreseen time arrangements, as notified by the Member States, have the potential to seriously disrupt the functioning of the internal market. / 3. Where imperative grounds of urgency so require, the procedure provided for in Article 2c shall apply to delegated acts adopted pursuant to this Article.

RemovedArticle 2 b (new): Article 2b / 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. / 2. The power to adopt delegated acts referred to in Article 2a shall be conferred on the Commission for a period of [TBD] years from the [date of entry into force of the Directive]. / 3. The delegation of power referred to in Article 2a may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. / 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. / 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. / 6. A delegated act adopted pursuant to Article 2a shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of [TBD] months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both inform…

RemovedArticle 2 c (new): Article 2c / 1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. / 2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 2b. In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.

RemovedArticle 3 – paragraph 1: 1. The Commission shall report to the European Parliament and to the Council on the implementation of this Directive by 31 December 2025 at the latest. In this implementation report, a special emphasis shall be put on the effects on human health.

RemovedArticle 3 – paragraph 1 a (new): 1a. The Commission shall conduct a comprehensive impact assessment and a cost / benefit analysis regarding the discontinuing seasonal changes of time in the EU.

RemovedArticle 3 – paragraph 2: 2. Member States shall provide the Commission with the relevant information by 30 April five years after the adoption of this Directive at the latest.

RemovedArticle 4 – paragraph 1: Member States shall adopt and publish, by 2020 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

RemovedArticle 5 – paragraph 1: Directive 2000/84/EC is repealed with effect from 2020.