L 10/22 Official Journal of the European Communities 16.1.98 COUNCIL DIRECTIVE 97/74/EC of 15 December 1997 extending, to the United Kingdom of Great Britain and Northern Ireland, Directive 94/45/EC on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees 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 (%), Having regard to the opinion of the Economic and Social Committee (%), Whereas the Council, acting in accordance with the Agreement on social policy annexed to Protocol 14 to the Treaty, and in particular Article 2(2) thereof, adopted Directive 94/45/EC (*); 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 Treaty and also noted that a means should be found to give legal effect to the wish of the United Kingdom of Great Britain and Northern Ireland to accept the Directives already adopted on the basis of that Agreement before the signature of the Amsterdam Treaty; whereas this Directive seeks to achieve this aim by extending Directive 94/45/EC to the United Kingdom; Whereas the fact that Directive 94/45/EC is not applic- able in the United Kingdom directly affects the func- tioning of the internal market; whereas implementation of the said Directive in all the Member States will improve the functioning of the internal market; Whereas Directive 94/45/EC provides for a maximum of 17 members of the special negotiating body; whereas such a number corresponds to the 14 Member States which are party to the Agreement on social policy plus the three remaining Contracting Parties of the European Economic Area; whereas the adoption of this Directive will bring the total number of States covered by Directive 94/45/EC to 18; whereas, therefore, the abovementioned maximum should be increased to 18 so that each 35, 6. 11. 1997. 71, 8. 12. 1997. 55, 21. 11. 1997. 54, 30. 9. 1994, p. 64. N o w w Member State in which the Community-scale under- taking has one or more establishments or in which the Community-scale group of undertakings has the control- ling undertaking or one or more controlled undertakings is represented; Whereas Directive 94/45/EC provides for special treat- ment to be accorded to Community-scale undertakings and groups of undertakings in which there is, at 22 September 1996, an agreement covering the entire work- force providing for the transnational information and consultation of employees; whereas, accordingly, Community-scale undertakings and groups of undertak- ings falling within the scope of that Directive solely as a result of its application to the United Kingdom should be granted similar treatment; Whereas the adoption of this Directive will make Directive 94/45/EC applicable in all Member States including the United Kingdom; whereas, from the date on which this Directive enters into force, the term ‘Member States’ in Directive 94/45/EC should be construed as including, where appropriate, the United Kingdom; Whereas Member States were required to bring into force the laws, regulations and administrative provisions to comply with Directive 94/45/EC no later than two years after its adoption; whereas a similar period should be granted to the United Kingdom, as well as to the other Member States, to bring into force the necessary measures to comply with this Directive, HAS ADOPTED THIS DIRECTIVE: Article 1 Without prejudice to Article 3, Directive 94/45/EC shall apply to the United Kingdom of Great Britain and Northern Ireland. Article 2 In Article 5(2)(b) of Directive 94/45/EC ‘17’ shall be replaced by ‘18’