A4-0326/97

Decision on the common position adopted by the Council with a view to the adoption of a Council Directive on the burden of proof in cases of discrimination based on sex (C4-0441/97 - 96/0196(SYN))

(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0441/97 - 96/0196(SYN) ((OJ C 307, 8.10.1997, p. 6.)),

- having regard to its opinion at first reading ((OJ C 132, 28.4.1997, p. 215.)) on the Commission proposal to the Council COM(96)0340 ((OJ C 332, 7.11.1996, p. 11.)),

- having regard to the Commission's amended proposal (COM(97)0202) ((OJ C 185, 18.6.1997, p. 21.)),

- having been consulted by the Council pursuant to Article 189c of the EC Treaty,

- having regard to Rule 67 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Women's Rights (A4-0326/97),

1. Amends the common position as follows;

2. Instructs its President to forward this decision to the Council and Commission.

(Amendment 1)

Recital 8

>Original text>

(8) Whereas the principle of equal treatment was stated in Article 119 of the Treaty and in Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women and in Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion and working conditions;

>Text following EP vote>

(8) Whereas the principle of equal treatment was stated in Article 119 of the Treaty and in Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women, Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion and working conditions, Council Directive 79/7/EEC(1) of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security, Council Directive 86/378/EEC(2) of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social security schemes and Council Directive on 86/613/EEC(3) of 11 December 1986 on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood;

______________________

(1) OJ L 6, 10.1.1979, p. 24.

(2) OJ L 225, 12.8.1986, p. 40.

(3) OJ L 359, 19.12.1986, p. 56.

(Amendment 2)

Recital 11a (new)

>Text following EP vote>

(11a) Whereas effective implementation of the principle of equal treatment requires that additional measures be taken in relation to procedure and evidence to be provided before national courts or other competent authorities;

(Amendment 5)

Article 2(2)

>Original text>

2. For the purposes of the principle of equal treatment referred to in paragraph 1, indirect discrimination shall exist where an apparently neutral provision, criterion or practice disadvantages a substantially higher proportion of the members of one sex unless that provision, criterion or practice is appropriate and necessary and can be justified by objective factors unrelated to sex

>Text following EP vote>

2. For the purposes of the principle of equal treatment referred to in paragraph 1, indirect discrimination shall exist where an apparently neutral provision, criterion or practice disproportionately disadvantages the members of one sex, unless the aim pursued corresponds to a real need on the part of the undertaking or meets a necessary aim of the policy of a Member State and can be justified by objective factors unrelated to sex, and the means of achieving that aim are appropriate and necessary.

(Amendment 6)

Article 3(1)(a)

>Original text>

(a) the situations covered by Article 119 of the Treaty and by Directives 75/117/EEC, 76/207/EEC and, insofar as discrimination based on sex is concerned, 92/85/EEC and 96/34/EC;

>Text following EP vote>

(a) the situations covered by Article 119 of the Treaty and by Directives 75/117/EEC, 76/207/EEC, 79/7/EEC, 86/378/EEC, 86/613/EEC and, insofar as discrimination based on sex is concerned, 92/85/EEC and 96/34/EC.

(Amendment 9)

Article 4a (new)

>Text following EP vote>

Article 4a

Procedures

Member States shall introduce into their national legal systems such measures as are necessary to ensure that:

(a) the courts and other competent authorities may give such directions as are necessary for an effective investigation of any complaint relating to discrimination;

(b) the parties concerned have all the relevant information in the possession of the other party or which may reasonably be assumed to be in its possession and which is necessary for them to exercise their rights. Parties shall be required to provide only pieces of information the disclosure of which would not substantially damage their interests in connection with matters other than the litigation concerned.

(Amendment 10)

Article 7, third paragraph

>Original text>

The Member States shall communicate to the Commission, within two years of the entry into force of this Directive, all the information necessary for the Commission to draw up a report to the European Parliament and the Council on the application of this Directive.

>Text following EP vote>

By 1 January 2002, and every three years thereafter, Member States shall transmit information to the Commission with respect to progress made in the application of this Directive and trends in the use of provisions contained therein, to enable the Commission to draw up a report for the Council and European Parliament every three years.