Changes from report parliamentary committee draft to plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

▸7 unchanged paragraphs

on the proposal for a directive of the European Parliament and of the Council discontinuing seasonal changes of time and repealing Directive 2000/84/EC

(COM(2018)0639 – C8-0408/2018 – 2018/0332(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2018)0639),

– having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0408/2018),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

Changed– having regard to the opinion of the European Economic and Social Committee of …1…,

Changed– having regard to the opinionresults of the Europeanonline Committeeconsultation ofconducted by the RegionsEuropean of…2Commission between 4 July 2018 - 16 August 2018,

Added– having regard to the opinion of the European Committee of the Regions of…,

– having regard to Rule 59 of its Rules of Procedure,

Changed– having regard to the report of the Committee on Transport and Tourism and the opinions of the Committee on the Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy, the Committee on the Internal marketMarket and Consumer protection,Protection, the Committee on Agriculture and Rural Development, the Committee on Legal Affairs,Affairs and the Committee on Petitions (A8-0000/2018);(A8-0169/2019),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

RemovedRecital 2: (2) In its resolution of 8 February 2018, the European Parliament called on the Commission to conduct a thorough 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 stressed the importance of maintaining a harmonised approach to time arrangements throughout the Union and a unified EU time regime.

AddedRecital 1: (1) Member States chose in the past to introduce summer-time arrangements at national level. It was, therefore, important for the functioning of the internal market that a common date and time for the beginning and end of the summer-time period be fixed throughout the Union to coordinate the changing of clocks in Member States. In accordance with Directive 2000/84/EC of the European Parliament and of the Council21, all Member States currently apply biannual seasonal changes of time. Standard time is switched to summer-time on the last Sunday in March until the last Sunday in October of the same year.

RemovedIt is important to state very precisely what the EP resolution of February 2018 called for.

AddedRecital 2: (2) Against the background of several petitions, citizens’ initiatives and parliamentary questions, the European Parliament, in its resolution of 8 February 2018, called on the Commission to conduct a thorough 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 stressed the importance of maintaining a harmonised and coordinated approach to time arrangements throughout the Union and a unified EU time regime.

Change 2

ChangedRecital 3: (3) The Commission has examined available evidence, which points to the importance of having harmonised Union rules in this area to ensure the proper functioning of the internal market, create predictability and long-term certainty 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. Furthermore, while scientific evidence is not yet fully conclusive, recent scientific studies have pointed out the possible negative effects on human health linked to a biannual change of time.

Change 3

RemovedPredictability and long-term certainty regarding the time arrangements of Member States is of utmost importance for economic operators in order to plan their economic operations, including transport timetables.

AddedRecital 3 a (new): (3a) The public debate on summer-time arrangements is not new and since the introduction of summer-time there have been several initiatives that aimed to discontinue the practice. Some Member States have held national consultations and a majority of businesses and stakeholders have supported the discontinuation of the practice. The consultation initiated by the European Commission has come to the same conclusion.

RemovedRecital 4: (4) A lively public debate is taking place on summer-time arrangements. Around 4.6 million citizens participated in the public consultation held by the Commission, which is the largest number of responses ever received in any Commission consultation. A number of citizens' initiatives have highlighted citizens' concerns about the biannual clock change and some Member States have already expressed their preference to discontinue the application of such summer-time 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.

AddedThe introduction of a time change had its adversaries in the beginning, but the current proposal follows a series of studies and consultations that bring arguments into the ideological debate. To that end, it is proper to mention the previous debates and the process that led to the current proposal.

RemovedRecital 5: (5) This Directive should not prejudice the right of each Member State 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. However, in order to ensure that the application of summer-time arrangements by some Member States only does not disrupt the functioning of the internal market, Member States should refrain from changing the standard time in any given territory under their jurisdiction for reasons related to seasonal changes, be such change presented as a change of time zone. Moreover, in order to minimise disruptions, inter alia, to transport, communications and other concerned sectors, they should notify the Commission and all other Member States in due time of their intention to change their standard time and subsequently apply the notified changes, so that they can take all necessary measures. The Commission should inform the general public and stakeholders by publishing this information.

AddedRecital 3 b (new): (3b) In this context, the situation of livestock farmers can serve as an example of how the summer-time arrangements were initially deemed incompatible with agricultural working practices, in particular regarding the already very early start of the working day under standard time. Also, the bi-annual transition to summer-time was thought to make it harder to get the produce or animals out to the markets. And finally, due to cows following their natural milking rhythm, a reduction of milk yields was assumed. However, modern agricultural equipment and practices have revolutionised farming in a way that makes most of these concerns no longer relevant, while concerns regarding the biorhythm of animals as well as farmers' working conditions are still relevant.

RemovedIn order to avoid an uncoordinated patchwork of applicable times in the EU, it is of the utmost importance for (neighbouring) Member States to coordinate among themselves their standard times. If a Member State decides to change its standard time, it should notify, well in advance, all other Member States, so that they can take all necessary measures.

AddedRecital 4: (4) A lively public debate is taking place on summer-time arrangements. Around 4.6 million citizens participated in the public consultation held by the Commission, which is the largest number of responses ever received in any Commission consultation. Also a number of citizens' initiatives have highlighted public concern as regards the biannual clock change and some Member States have already expressed their preference to discontinue the application of such summer-time 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 and harmonised way to summer-time arrangements.

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 by changing their standard time and establishing the obligation to notify envisaged changes of the standard time. 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.

AddedRecital 4 a (new): (4 a) Chronobiology shows that the biorhythm of the human body is affected by any changes of time, which might have an adverse impact on human health. Recent scientific evidence clearly suggests a link between changes of time and cardiovascular diseases, inflammatory immune diseases or hypertension, linked to the disturbance of the circadian cycle. Certain groups, such as children and older people, are particularly vulnerable. Therefore, in order to protect public health, it is appropriate to put an end to seasonal changes of time.

RemovedA Member State's change of standard time should clearly be the exception, not the rule, in order to provide economic operators with long-term predictability and certainty and to avoid an uncoordinated patchwork of applicable times in the Union.

AddedRecital 4 b (new): (4b) Territories other than overseas territories of the Member States are grouped over three different time zones or standard times, i.e. GMT, GMT +1 and GMT +2. The large north-south extension of the European Union means that daylight effects of time vary across the Union. It is therefore important that Member States take into consideration the geographical aspects of time, i.e. natural time zones and geographical position, before changing their time zones. Member States should consult citizens and relevant stakeholders before deciding to change their time zones.

RemovedRecital 7: (7) This Directive should apply from 1 January ... [OJ: insert the year corresponding to two years after the entry into force of this Directive]. Member States that intend to adopt a standard time corresponding to the time applied during the summer season in accordance with Directive 2000/84/EC should change their standard time at 1.00 a.m., Coordinated Universal Time, on the last Sunday in March of that year, so that similar and lasting changes occurring in different Member States take place simultaneously. It is desirable that Member States take the decisions on the standard time that each of them will apply in a concerted manner.

AddedRecital 4 c (new): (4c) A number of citizens' initiatives have highlighted citizens' concerns about the biannual clock change and Member States should be given the time and opportunity to carry out their own public consultations and impact assessments in order to better understand the implications of discontinuing season time changes in all regions.

RemovedIn order to avoid an uncoordinated patchwork of applicable times in the Union and to guarantee predictability and certainty to economic operators, it is necessary to ensure a 2-years transition time between the entry into force of this Directive and its date of application. After that 2-years transition period in March those Member States that wish to introduce permanent summer-time on their territory can do so, while the other Member States will continue to apply standard time.

AddedRecital 4 d (new): (4d) Summer time, or daylight saving, has enabled later apparent sunsets during the summer months. In the minds of many EU citizens summer is synonymous with sunlight being available late into the evening. A reversion to "standard" time would result in summer sunsets being an hour earlier, with a much-reduced period of the year where late evening daylight is available.

RemovedRecital 7 a (new): (7 a) In order to strengthen the cooperation and coordination between Member States and to facilitate that Member States take decisions on their standard times in a concerted and coordinated manner, a network of national contact points on time arrangements should be set up.

AddedRecital 4 e (new): (4e) Numerous studies looked into the link between the switch to summer time and the risk of heart attacks, disrupted body rhythm, sleep deprivation, lack of concentration and attention, increased risk of accidents, lower life satisfaction and even suicide rates. However, longer daylight, outdoor activities after work or school and exposure to sunlight clearly have some positive long-term effects on general well-being.

RemovedIn order to avoid an uncoordinated patchwork of applicable times in the EU, it is of the utmost importance for (neighbouring) Member States to coordinate among themselves their standard times and inform each other of any upcoming change of standard time. In order to facilitate this coordination, a network of national contact points should be set up.

AddedRecital 4 f (new): (4f) Seasonal changes of time also have an adverse impact on the welfare of animals, which is evident in agriculture, for example, where cows milk production suffers.

RemovedArticle 1 – paragraph 2: 2. Notwithstanding paragraph 1, Member States may still apply a seasonal change of their standard time or times in ... [OJ: insert the year corresponding to two years after the entry into force of this Directive], provided that they do so at 1.00 a.m., Coordinated Universal Time, on the last Sunday in March of that year. The Member States shall notify this decision in accordance with Article 2.

AddedRecital 4 g (new): (4g) It is widely assumed that seasonal changes of time bring about energy savings. Indeed, that was the main reason for their initial introduction in the last century. Research shows, however, that while the seasonal changes of time might be marginally beneficial to reducing energy consumption in the Union as a whole, it is not the case in every Member State. The energy for lighting saved by switching to summer time might be also outweighed by increased consumption of energy for heating. Moreover, results are difficult to interpret as they are strongly influenced by external factors, such as meteorology, behaviour of energy users or ongoing energy transition.

RemovedIn order to avoid an uncoordinated patchwork of applicable times in the Union and to guarantee predictability and certainty to economic operators, it is necessary to ensure a 2-years transition time between the entry into force of this Directive and its date of application. After that 2-years transition period in March those Member States that wish to introduce permanent summer-time on their territory can do so, while the other Member States will continue to apply standard time.

AddedRecital 5: (5) This Directive should not prejudice the right of each Member State 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. However, in order to ensure that the application of summer-time arrangements by some Member States only does not disrupt the functioning of the internal market, Member States should refrain from changing the standard time in any given territory under their jurisdiction for reasons related to seasonal changes, be such change presented as a change of time zone. Moreover, in order to minimise disruptions, inter alia, to transport, communications and other concerned sectors, they should notify the Commission by 1 April 2020 at the latest in the event that they intend to change their standard time on the last Sunday in October 2021.

RemovedArticle 2 – paragraph 1: 1. Without prejudice to Article 1, if a Member State decides to change its standard time or times in any territory under its jurisdiction, it shall notify the Commission and all other Member States at least 18 months before the change takes effect. Where a Member State has made such a notification and has not withdrawn it at least 18 months before the date of the envisaged change, the Member State shall apply this change.

AddedRecital 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 by changing their standard time more than once during the year. 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.

RemovedEconomic operators need long-term certainty and predictability regarding the exact time applicable in each Member State, for example in order to establish their cross-border timetables. Furthermore, it is important to not only notify the Commission of any future time change, but also the other Member States.

AddedRecital 6 a (new): (6a) The decision on which standard time to apply in each Member State needs to be preceded by consultations and studies which would take into account citizens’ preferences, geographical variations, regional differences, standard working arrangements and other factors relevant for the particular Member State. Therefore, Member States should have sufficient time to analyse the impact of the proposal and to choose the solution best serving its populations, while taking into account the well-functioning of the internal market.

RemovedArticle 2 – paragraph 2: 2. Within 1 month of the notification, the Commission shall publish that information in the Official Journal of the European Union and inform the general public.

AddedRecital 6 b (new): (6b) 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.

RemovedLinked to the AM to Art 2(1). All Member States will be notified directly by the Member State concerned. Furthermore, the general public needs to be informed of upcoming changes to the time applicable in a Member State.

AddedRecital 7: (7) This Directive should apply from 1 April 2021, so that the last summer-time period subject to the rules of Directive 2000/84/EC should start, in every Member State, at 1.00 a.m., Coordinated Universal Time, on the last Sunday in March 2021. Member States that, after that summer-time period, intend to adopt a standard time corresponding to the time applied during the winter season in accordance with Directive 2000/84/EC should change their standard time at 1.00 a.m.,Coordinated Universal Time, on the last Sunday in October 2021, so that similar and lasting changes occurring in different Member States take place simultaneously. It is desirable that Member States take the decisions on the standard time that each of them will apply from 2021 in a concerted manner.

RemovedArticle 2 a (new): Article 2 a / 1. Each Member State shall establish or designate a contact point for the tasks set out in this Directive and communicate it to the Commission. / 2. The Commission shall establish a list of all national contact points and communicate it to all Member States. / 3. The national contact points and a representative of the Commission shall make up a network, that is hereby established, in order to exchange relevant information and to facilitate the cooperation and coordination among Member States.

AddedRecital 7 a (new): (7 a) For the purpose of ensuring a harmonised implementation of this Directive, Member States should cooperate with one another and take decisions on their envisaged time arrangements in a concerted and coordinated manner. Therefore, a coordination mechanism should be established, consisting of a designated representative from each Member State and a representative of the Commission. The coordination mechanism should discuss and assess the potential impact of any envisaged decision on a Member State’s standard times on the functioning of the internal market, in order to avoid significant disruptions.

RemovedIn order to avoid an uncoordinated patchwork of applicable times in the EU, it is of the utmost importance for (neighbouring) Member States to coordinate among themselves their standard times and inform each other of any upcoming change of standard time. In order to facilitate this coordination, a network of national contact points should be set up.

AddedRecital 7 b (new): (7 b) The Commission should assess whether the envisaged time arrangements in the different Member States have the potential to significantly and permanently hamper the proper functioning of the internal market. Where that assessment does not lead to Member States reconsidering their envisaged time arrangements, the Commission should be able to postpone the date of application of this Directive by no more than 12 months and submit a legislative proposal, if appropriate. Therefore, and in order to ensure the proper application 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 to postpone the date of application of this Directive by no more than 12 months.

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 ... [OJ: insert the year corresponding to five years after the entry into force of this Directive] at the latest.

AddedArticle 1 – paragraph 2: 2. By way of derogation from paragraph 1, Member States may still apply a seasonal change of their standard time or times in 2021, provided that they do so at 1.00 a.m., Coordinated Universal Time, on the last Sunday in October of that year. The Member States shall notify this decision to the Commission by 1 April 2020 at the latest.

RemovedArticle 3 – paragraph 2: 2. Member States shall provide the Commission with the relevant information by 30 April ... [OJ: insert the year corresponding to five years after the entry into force of this Directive] at the latest.