Changes from report parliamentary committee draft to plenary report

AddedSHORT JUSTIFICATION

AddedThe rapporteur welcomes the proposal by the European Commission to discontinue bi-annual change of clock in line with the views expressed by the European Parliament in its resolution of February 2018 and citizens.

AddedNumerous studies and reports have been published demonstrating the negative consequences of bi-annual change of clock for many aspects of our society, from health risks and problems caused by the disturbance of circadian rhythms, to increased accident rates in the days following the change, increased administrative burden and costs for many economic sectors.

AddedThe European Commission held a public consultation during the summer 2018 gathering 4.6 million replies, among which 99.8% replies were from citizens. The remaining 0.2% replies came from stakeholders or businesses. Outcome of this consultation were in favour of discontinuing bi-annual clock change by 84%. The current proposal is therefore in line with the views expressed by citizens while stressing at the same time the need for a coherent and harmonised approach to safeguard the functioning of the internal market.

AddedThe territories of the Member States of the EU are grouped into three different time- zones, i.e. GMT, GMT+1 and GMT+2. Several factors need therefore to be taken into consideration when deciding on the permanent time such as geographical aspects and natural time-zones and their effects in terms of health due to the availability of the daylight.

AddedAlthough Member States remain competent for deciding on their standard time, the Rapporteur considers it necessary to maintain a harmonised approach for time-arrangements to safeguard the proper functioning of the internal market and avoid major disruptions that would cause a “patchwork quilt” if Member States opt to create multiple 60-minute time changes across the bloc.

AddedA coordinated approach implies an appropriate timeline that will enable Member States to assess accurately the effects of permanently going for GMT + 1 and GMT+ 2 given the number of areas to be taken into consideration, such as effects on the economy in terms of cross-border trade, communications and transports, but also effects on human health, road safety or the environment.

AddedTherefore, it is proposed to delay the date of application by one year to give sufficient time for Member States to coordinate their approach and involve properly the relevant stakeholders and citizens via the organisation of public consultations.

AddedProper coordination should be ensured via the establishment of a network composed of representatives from each Member State and the Commission that would act as mediation in case the envisaged change of time by one Member State would raise concerns from other Member States and affect the proper functioning of the internal market.

AddedEvaluation of the implementation of this Directive should be carried out after four years of application instead of the five years proposed by the Commission.

AddedAMENDMENTS

AddedThe Committee on the Internal Market and Consumer Protection calls on the Committee on Transport and Tourism, as the committee responsible, to take into account the following amendments:

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.

AddedRecital 2: (2) In its resolution of 8 February 2018, the European Parliament called on the Commission to conduct an assessment of biannual seasonal changes of time 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 while highlighting that numerous scientific studies have indicated the existence of negative effects of biannual seasonal changes to time.

AddedRecital 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, long-termism and predictability, so as 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. Evidence is not conclusive as to whether the benefits of summer-time arrangements outweigh the inconveniences linked to a biannual change of time.

AddedRecital 3 a (new): (3a) Numerous studies have however pointed out that the benefits of seasonal change of time, such as energy savings, have been overestimated, while negative consequences in various areas, such as impact on human health and biorhythm (‘circadian rhythm’) or on the ability to concentrate for example, have been underestimated.

AddedRecital 4: (4) A lively public debate, with a certain number of citizens’ initiatives highlighting their concerns about biannual seasonal changes to time, is taking place and some Member States have already expressed their preference to discontinue the application of such arrangements. The same willingness to end the bi-annual seasonal changes to time has been expressed by 4.6 million citizens, representing 84% of respondents, in a public consultation organised by the Commission in summer 2018. In the light of these developments, it is necessary to safeguard 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 biannual seasonal time changes.

AddedRecital 4 a (new): (4a) 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 timezones and geographical position, before changing their timezones. Member States are encouraged to consult citizens and relevant stakeholders before deciding to change their timezones.

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 avoid any significant disruptions on 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, Member States that intends to change their standard time should notify the Commission and all other Member States no later than 9 months before the envisaged change takes effect and subsequently apply the notified changes The Commission should on the basis of that notification assess the impact on the functioning of the internal market of the envisaged change of time. It should also inform the general public and stakeholders by publishing this information.

AddedRecital 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 via the establishment of a coordination mechanism in order to avoid that Member States opt for different standard times within a timezone. The coordination mechanism should consist of a representative of the Commission and a designated representative for each Member State. The Commission should facilitate the coordination and should provide assessment on the effects that the notified decision would have on the proper functioning of the internal market. The decision to apply or not the envisaged time change remains within the competence of the Member States after having consulted and coordinated it with other Member States.

AddedRecital 6: (6) Therefore, it is necessary to repeal Directive 2000/84/EC concerning summer-time arrangements and to introduce common rules preventing Member States from applying different seasonal time arrangements and establishing the obligation to notify and assess the impact of envisaged changes of the standard time. The Commission and other Member States should then assess the impact of the envisaged change on the functioning of the internal market so as to avoid significant disruptions. This Directive aims thus 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 7: (7) It is important to avoid that Member States opt for different standard times. It is therefore necessary to leave them sufficient time to adopt a harmonised and well-coordinated approach. This Directive should apply from 30 March 2020, 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 29 March 2020. 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 25 October 2020, 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 as from 2020 in a concerted manner.

AddedArticle 1 – paragraph 2: 2. Notwithstanding paragraph 1, Member States may still apply a seasonal change of their standard time or times in 2020, provided that they do so at 1.00 a.m., Coordinated Universal Time, on 25 October 2020. Member States shall notify their decision to apply or not to apply this last seasonal change of their standard time or times 6 months before the change takes effect.

AddedArticle 1 – paragraph 2 a (new): 2a. The Commission shall publish that information in the Official Journal of the European Union without delay and shall, within 1 month of receiving a notification, convene a meeting within the framework of the coordination mechanism as referred to in Article 2a.

AddedArticle 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 the other Member States of its decision to change its standard time or times in any territory under its jurisdiction at least 9 months before the change takes effect.

AddedArticle 2 – paragraph 2: 2. The Commission shall publish that information in the Official Journal of the European Union without delay and shall, within 1 month of receiving a notification, convene a meeting within the framework of the coordination mechanism as referred to in Article 2a.

AddedArticle 2 a (new): Article 2a / 1. This Directive sets up a coordination mechanism with the aim to ensure a harmonised approach to time arrangements throughout the Union and to strengthen the cooperation between the Member States and the Commission in assessing the impact on the functioning of the internal market of any decision to change standard time or times. / 2. The coordination mechanism, referred to in paragraph 1, shall consist of a representative for each Member State and a representative of the Commission. / 3. Where a Member State notifies the Commission of its decision pursuant to Article 1(2) or pursuant to Article 2(1), the Commission shall convene Member States to assess and discuss the potential impact of the envisaged change on the functioning of the internal market, in order to avoid significant disruptions. / 4. Where on the basis of the assessment, referred to in paragraph 3, the Commission considers that the envisaged change will affect significantly the proper functioning of the internal market, it shall inform the notifying Member State thereof. / 5. No later than 4 months before the date of the envisaged change, the notifying Member State shall decide whether to repeal its decision or to maintain it. Where the notifying Member State decides to maintain its decision, it shall provide an explanation that will address the negative impact of the change on the internal market.

AddedArticle 3 – paragraph 1: 1. The Commission shall report to the European Parliament and to the Council on the implementation of this Directive by [4 years after the date of application of this Directive] at the latest.

AddedArticle 3 – paragraph 2: 2. Member States shall provide the Commission with the relevant information by [3 years after the date of application of this Directive], at the latest.

AddedArticle 4 – paragraph 1 – subparagraph 1: 1. Member States shall adopt and publish, by 30 March 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.

AddedArticle 4 – paragraph 1 – subparagraph 2: They shall apply those provisions from 30 March 2020.

AddedArticle 5 – paragraph 1: Directive 2000/84/EC is repealed with effect from 30 March 2020.