No C 309/10 Official Journal of the European Communities 19.11.87 
3. Article 8 is replaced by the following: 
'Article 8 
1. Where recourse is had to the procedure defined 
in this paragraph, the following provisions shall apply: 
The representative of the Commission shall submit to 
the Committee a draft of the measures to be taken. 
The Committee shall deliver its opinion on the draft 
within a time limit which the chairman may lay down 
according to the urgency of the matter. The opinion 
shall be delivered by the majority laid down in Article 
148 (2) of the Treaty in the case of decisions which 
the Council is required to adopt on a proposal from 
the Commission. The votes of the representatives of 
the Member States within the Committee shall be 
weighted in the manner set out in that Article. The 
chairman shall not vote. 
The Commission shall adopt measures which shall 
apply immediately. However, if these measures are 
not in accordance with the opinion of the Committee, 
they shall be communicated by the Commission to the 
Council forthwith. In that event the Commission may 
defer application of the measures which it has decided 
for a period of not more that one month from the 
date of such communication. 
The Council, acting by a qualified majority, may take 
a different decision within the period referred to in 
the previous subparagraph. 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 100 and 
235 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas Article 3 (2) of Council Directive 79/7/EEC of 
19 December 1978 on the progressive implementation of 
the principle of equal treatment for men and women in 2. Where recourse is had to the procedure defined 
in this paragraph, the following provisions shall apply: 
The representative of the Commission shall submit to 
the Committee a draft of the measures to be taken. 
The Committee shall deliver its opinion on the draft 
within a time limit which the chairman may lay down 
according to the urgency of the matter, if necessary 
by taking a vote. 
The opinion shall be recorded in the minutes; in 
addition, each Member State shall have the right to 
ask to have its position recorded in the minutes. 
The Commission shall take the utmost account of the 
opinion delivered by the Committee. It shall inform 
the Committee of the manner in which its opinion has 
been taken into account.' 
4. The second paragraph of Article 14 is deleted. 
Article 2 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
European Communities. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
matters of social security (') states that the Directive does 
not apply to the provisions concerning survivors' benefits 
or to those concerning family benefits; whereas Article 7 
(1) specifies that the Directive is without prejudice to the 
right of Member States to exclude from its scope a 
number of specified provisions; 
Whereas Article 4 of Council Directive 86/378/EEC of 
24 July 1986 on the implementation of the principle of 
equal treatment for men and women in occupational 
social security schemes (2) limits the number of risks 
covered in respect of self-employed persons; whereas 
Article 9 of that Directive provides that Member States 
may defer its application as regards determination of 
pensionable age and survivors' pensions; 
(l) OJNoL6, 10. 1. 1979, p. 24. 
O OJ No L 225, 12. 8. 1986, p. 40. Proposal for a Council Directive completing the implementation of the principle of equal 
treatment for men and women in statutory and occupational social security schemes 
COM(87) 494 final 
(Submitted by the Commission to the Council on 27 October 1987) 
(87/C 309/11) 
19. 11.87 Official Journal of the European Communities No C 309/11 
Whereas on 24 July 1986 the Council adopted a 
resolution on the promotion of equal opportunities for 
women (') wherein it in particular gives its support to the 
main lines of the Commission Communication 
concerning a new medium-term programme promoting 
equal opportunities for women 1986 to 1990 (2); whereas 
this programme in particular envisages the proposal of a 
new legal instrument to supplement existing provisions in 
areas not covered by current legislation with a view to 
the gradual individualization of entitlements; 
Whereas by its Resolution of 22 December 1986 (3) on 
an action programme on employment growth the 
Council reiterated at paragraph II (2) (f) its wish to 
bring about an increase in the equality of access to, and 
of opportunity within, the labour market for women, 
especially through implementation of the Community 
medium-term programme 1986 to 1990; 
Whereas Article 9 (a) and (b) of Directive 86/378/EEC 
envisages the adoption of a subsequent Directive to 
terminate the derogations authorized therein; 
Whereas it is appropriate to implement the principle of 
equal treatment in areas where application of Directives 
79/7/EEC and 86/378/EEC is or may be excluded or 
deferred, in order to achieve total elimination of discrimi­
nation on grounds of sex in respect of social security; 
whereas arrangements for this purpose should be laid 
down; 
Whereas implementation of the principle of equal 
treatment as regards social security should not prejudice 
the provisions relating to the protection of women by 
reason of maternity; 
Whereas equal treatment of male and female workers 
constitutes one of the Community's objectives, 
necessitating in particular the achievement of equality as 
regards the conditions of coverage by statutory and 
occupational social security schemes whilst maintaining 
the improvement of such conditions; 
Whereas it is appropriate to select from the means 
available to achieve this aim those which particularly 
tend to promote the individualization of entitlements; 
Whereas achievement of this aim should be accompanied 
by transitional measures designed to protect certain cate­
gories of holders of existing entitlements; 
Whereas there are broad overlapping areas in statutory 
and occupational schemes; whereas Directives 
79/7/EEC and 86/378/EEC take account of this; 
whereas as a consequence it is appropriate to take simul­
taneous action in respect of both these areas by means of 
a single legislative act, 
(') OJ No C 203, 12. 8. 1986, p. 2. 
(2) European Community Bulletin Supplement 3/86. 
(') OJ No C 340, 31. 12. 1986, p. 2. HAS ADOPTED THIS DIRECTIVE: 
Article 1 
1. The aim of this Directive is to complete, in the 
areas specified in Article 3, the implementation of the 
principle of equal treatment for men and women in 
matters of social security as defined in Article 4 of 
Directive 79/7/EEC and Article 5 (1) of Directive 
86/378/EEC, hereinafter referred to as 'the principle of 
equal treatment'. 
2. This Directive shall be without prejudice to the 
provisions relating to the protection of women by reason 
of maternity. 
Article 2 
This Directive shall apply to: 
(a) the working population (including self-employed 
persons, workers whose activity is interrupted by 
illness, maternity, accident or involuntary 
unemployment and persons seeking employment); 
(b) retired workers; 
(c) disabled workers; 
(d) members of the family, survivors and other persons 
dependent on those referred to under (a), (b) and 
(c), these categories of persons to be defined by the 
Member States' national legislation. 
Article 3 
Under the conditions laid down by this Directive, the 
principle of equal treatment shall be extended to: 
(a) the provisions of statutory schemes concerning 
survivors' benefits and family benefits; 
(b) the corresponding provisions of occupational 
schemes (including those concerning the family 
benefits of occupational schemes for self-employed 
workers); 
(c) the areas in which implementation of the principle of 
equal treatment may be excluded or deferred 
pursuant to: 
(i) Article 7 (1) (a) to (d) of Directive 79/7/EEC, 
or 
(ii) Article 9 (a) of Directive 86/378/EEC; 
(d) the provisions concerning social assistance, where 
they are intended to supplement the benefits referred 
to under (a) or (c) (i) or to replace them. 
No C 309/12 Official Journal of the European Communities 19.11.87 
I. Survivors' benefits 
SURVIVING SPOUSE'S BENEFITS 
Article 4 
The principle of equal treatment means, as regards 
surviving spouse's benefits, that there shall be no discrimi­
nation on grounds of sex and to this end: 
(a) either the recognition on the same terms for 
widowers of entitlement to the pensions and other 
benefits provided for widows; 
(b) or the replacement of widows' benefits by the 
creation or extension of a system of individual rights 
open to all surviving spouses regardless of sex. 
ORPHANS' BENEFITS 
Article 5 
The principle of equal treatment means with regard to 
orphans' benefits that there shall be no discrimination on 
the grounds of the sex of: 
(a) the deceased parent, 
or 
(b) the orphan. 
OTHER SURVIVORS' BENEFITS 
Article 6 
The principle of equal treatment means with regard to 
other survivors' benefits that there shall be no discrimi­
nation on the grounds of the sex of: 
(a) the deceased person, 
or 
(b) the survivor. 
II. Family benefits 
CHILD BENEFIT AND BIRTH OR ADOPTION GRANT 
Article 7 
1. The principle of equal treatment means that there 
shall be no discrimination on grounds of sex with regard 
to: 
(a) child benefit, 
and 
(b) benefits introduced to assist parents to assume their 
parental responsibilities. 
2. The principle of equal treatment thus completed in 
this area shall apply both to natural parents and other 
persons responsible for a child and thus meeting the 
conditions (other than those which are incompatible with 
this principle) laid down for the grant of benefits 
referred to in paragraph 1. 3. Unless there is statutory provision for parents to 
share entitlement, benefits shall be paid without dis­
crimination to one or other parent. 
Accordingly: 
— where parents are living together, benefits shall be 
paid to the mother only if the parents have not 
exercised their option of specifying which of them 
shall receive the benefits, 
— in case of divorce or separation, benefits shall be paid 
to the parent who is actually taking care of the child. 
BENEFITS FOR DEPENDENT ADULTS 
Article 8 
The principle of equal treatment means with regard to 
benefits for dependent adults that there shall be no 
discrimination on the grounds of the sex of: 
(a) the dependent adult; 
(b) the person caring for the dependent adult. 
III. Extension of the principle of equal treatment to areas 
where its implementation might be excluded or deferred 
under Article 7 (1) (a) to (d) of Directive 79/7/EEC and 
Article 9 (a) of Directive 86/378/EEC 
RETIREMENT AGE 
Article 9 
1. Without prejudice to the transitional provisions in 
paragraph 2 and in Article 10, when a pensionable age is 
determined for the purpose of granting old age and 
retirement pensions it shall be identical for both sexes. 
2. If fixing an identical pensionable age leads to a 
reduction or increase in that age for workers of a given 
sex, provision shall be made for gradual implementation 
and for temporary safeguards for workers having 
reached the specified age, enabling them if they so wish 
to claim their pension at the age previously prescribed. 
3. In the case of schemes which do not specify the 
pensionable age, the principle of equal treatment shall be 
deemed to have been complied with where: 
(a) within specified limits, the choice of age is left to the 
beneficiaries who meet the prescribed conditions, 
which must be identical for both sexes; 
or 
(b) the entitlement to the pension or other benefit 
depends solely on the completion of a given number 
of contribution years, which is identical for both 
sexes. 
19.11.87 Official Journal of the European Communities No C 309/13 
Article 10 Article 12 
1. There shall be no discrimination as regards the 
advantages in respect of old age pension schemes 
granted to persons who have brought up children, or as 
regards the acquisition of benefit entitlements following 
periods of interruption of employment due to the 
bringing-up of children, provided that such persons have 
actually interrupted their employment for that purpose. 
2. The granting of old age or invalidity benefit 
entitlements by virtue of the derived entitlements of a 
spouse, or the granting of increases in long-term benefits 
in respect of invalidity, old age, accidents at work and 
occupational disease for a dependent spouse shall be 
authorized solely in the case of those spouses who on the 
date when this Directive comes into effect have not 
constituted their own personal entitlements to these 
benefits. 
GENERAL AND FINAL PROVISIONS 
Article 11 
This Directive shall be without prejudice to the right of 
Member States to replace a system of derived rights 
granting, to the insured person's spouse, entitlement to 
social security benefits, as referred to in Directives 
79/7/EEC and 86/378/EEC and this Directive, by 
reasons of his or her legal links with the insured person 
with a system establishing personal entitlements, granted 
to all beneficiaries individually, to the following benefits: 
— in case of sickness, health service care, 
— in old age, entitlement to a full pension, 
— in the event of the death of a spouse, entitlement of 
the survivor to financial assistance for reasons of 
health or social situation in the years preceding the 
age at which the survivor is entitled to an old age 
pension, as well as temporary benefits in the case of 
early death leaving the surviving spouse with a 
dependent child or children. Without prejudice to the application of Articles 9 (2) and 
10 (2) of this Directive, Directives 79/7/EEC and 
86/378/EEC shall take effect within the fields covered 
by this Directive on the date set for the implementation 
of the latter, subject to the following amendments: 
(a) in Directive 79/7/EEC: 
(i) Article 3 (2) is deleted; 
(ii) in Article 7(1) paragraphs (a) to (d) are deleted; 
(b) in Article 9 of Directive 86/378/EEC, paragraphs (a) 
and (b) are deleted. 
Article 13 
1. Articles 5 and 6 of Directive 79/7/EEC and 
Articles 7, 10 and 11 of Directive 86/378/EEC shall 
apply to the matters covered by this Directive. 
2. With respect to application of the principle of equal 
treatment to benefits of the surviving spouse or the 
pensionable age, the Directive may not be relied upon in 
respect of applications submitted before the date of its 
implementation. 
Article 14 
1. Subject to Articles 8 and 9 (c) of Directive 86/378/ 
EEC, Member States shall bring into force the laws, 
regulations and administrative provisions necessary to 
comply with this Directive within three years of its 
notification. They shall immediately inform the 
Commission thereof. 
2. Member States shall communicate to the 
Commission the text of the laws, regulations and 
administrative provisions which they adopt in the field 
covered by this Directive. 
Article 15 
Within four years ot the date of notification of this 
Directive, Member States shall forward all necessary 
information to the Commission to enable it to draw up a 
report on the application of this Directive for submission 
to the Council. 
Article 16 
This Directive is addressed to the Member States.