24. 12. 84 Official Journal of the European Communities No C 343/1 
II 
(Preparatory Acts) 
ECONOMIC AND SOCIAL COMMITTEE 
Opinion on the proposal for a Council Directive on the application of the principle of 
equal treatment as 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 (') 
(84/C 343/01) 
On 2 April 1984 the Council decided to consult the Economic and Social Committee, 
under Article 198 of the Treaty establishing the European Economic Community, on 
the abovementioned proposal. 
The Section for Social Questions, which was responsible for preparing the Com­
mittee's work on the subject, adopted its opinion unanimously on 11 October 1984, in 
the light of the report by Mrs Heuser. 
At its plenary session (meeting of 25 October 1984) the Committee adopted the follow­
ing opinion unanimously: 
1. General comments 
1.1. The Committee welcomes the aim of the pro­
posal for a Directive on the application of the prin­
ciple of equal treatment as between men and 
women engaged in self-employed activities. 
1.2. It particularly endorses the proposed arrange­
ments for the protection of all the women in ques­
tion during pregnancy and motherhood. In this con­
nection it would, however, point out that the main 
difficulties for self-employed women arise out of the 
fact that they are only very rarely able to interrupt 
their self-employed activities before and after con­
finement, so that the problem they are faced with is 
not so much one of compensation for loss of income 
as a problem of working time. 
1.3. The Directive deals with two categories of 
self-employed women — women pursuing a gainful 
activity on their own account and the large group of 
women who share in the running of a family busi­
ness. 
(') OJ No C 113,27.4. 1984. 1.4. There are generally no major difficulties in 
implementing equal treatment in the case of women 
working on their own account. This applies also to 
women working as an employee in their husband's 
business. But women who share in the running of a 
family business without a partnership agreement or 
a contract of employment are at a considerable dis­
advantage, since their legal, financial and social 
security status is often quite uncertain. It is true that 
the work of a spouse in a family business cannot be 
fully equated with management of the business if 
management requires certain qualifications that the 
woman does not possess. But this applies only to 
certain sectors. In general, the problem is that the 
considerable contribution of the spouse — in most 
cases the wife — to the continued existence and fur­
ther development of the business is not recognized 
at all, which means unwarranted discrimination. 
This is true also for occupations in which the legal 
and social security status is covered under private 
law through professional or trade bodies. 
1.5. This discrimination must be removed by 
ensuring that the spouse sharing in the running of a 
No C 343/2 Official Journal of the European Communities 24. 12. 84 
family business is treated as a generator of income. 
The volume and nature of the work performed 
should form the basis for recognition of an occupa­
tional status, payment of remuneration and granting 
of the right to social security. Particular attention 
should be paid to ensuring that the spouse sharing 
in the running of a business has cover for sickness, 
invalidity, old age, maternity and separation from 
the other partner due to any cause whatsoever. This 
cover should be provided within the framework of 
the insurance provisions in the country in question. 
1.6. The Commission's proposals provide for the 
necessary creation of an occupational status for per­
sons sharing in the running of a family business, 
and the right of these persons to an income of their 
own and to social security, and to this extent meet 
with the Committee's approval. It must, however, be 
pointed out that persons working without pay in 
family businesses are to be found mainly in the agri­
cultural sector, where the situation regarding work­
ing conditions and pay is at present very difficult, so 
that in many cases the financial preconditions for 
the practical application of the present Directive 
will not be fulfilled. Consideration should therefore 
be given to the possibility of positive action in sup­
port of the present Commission proposals. One pos­
sibility here would be financial support, drawing on 
the resources of the various Community instru­
ments, including the European Social Fund. In 
addition, it could be suggested to professional and 
trade bodies that they draw up model contracts or 
agreements for cooperation between spouses in 
which the income, the occupational status and pos­
sibly the social security of the helping spouse are 
regulated. The Committee accordingly calls upon 
the Commission to seek further possibilities that will 
help to promote the practical implementation of the 
present proposal for a Directive. 
1.7. The Committee would also point out that 
publicity will be especially important in the imple­
mentation of the proposal for a Directive; in parti­
cular, the women concerned will have to be made 
aware of their new rights and possibilities. 
2. Specific comments 
2.1. Article 2 
The Committee would observe that the word 'signi­
ficant' in paragraph (b) must be viewed both quanti­
tatively and qualitatively and must be interpreted as 
being intended to preclude abuse. 2.2. Article 4 
Experience in some countries has shown that it is 
hardly possible to implement the right to equal 
treatment unless sanctions can be imposed. Consid­
eration should therefore be given to calling upon the 
Member States to envisage sanctions in cases where 
there is clear evidence of discrimination in the 
granting of loans, so as to ensure that the principle 
of equal treatment is really applied. 
2.3. Article 5 
The Committee would suggest that 'or the conclu­
sion of an agreement on cooperation' be inserted 
after 'formation of a company'. 
2.4. Article 7 (a) 
The Committee would stress that the expression 'or 
some other form' must not lead to violation of the 
principle of equal treatment or to this principle 
being carried to the point of absurdity. 
The Committee would also like the second part of 
this paragraph to be reworded to read 'such consid­
eration should be commensurate with the actual 
work done and should not exceed the remuneration 
which would have been paid to a third party for the 
performance of equivalent tasks'. 
2.5. Article 7(b) 
The Committee would stress the need for spouses 
sharing in the running of a business to be able to 
acquire social security entitlements of their own. In 
this connection account must, however, be taken of 
the fact that, depending on the social security sys­
tem in question, own social security entitlements 
can require own contributions. 
2.6. Article 7(c) 
It must be borne in mind that an appropriate entry 
in the register kept by the association or other trade 
body cannot mean that the spouse can acquire the 
same rights as the self-employed worker if member­
ship of such a body is linked with certain qualifica­
tions. The idea rather is that, through the entry in 
the registry, the spouse should be granted an occu-
24. 12. 84 Official Journal of the European Communities No C 343/3 
pational status and rights commensurate with the 
work performed. It would have to be made clear 
here which particular data should be recorded. 
This must of course be done within the framework 
of the provisions in the individual countries. Con­
sideration could, however, also be given to the set­
ting-up of an association for spouses sharing in the 
running of a business. 
2.7. Article 7(d) 
The Committee does not see any violation of the 
principle of equal treatment as between men and 
women where self-employed workers' organizations 
make the entitlement to vote and stand for office 
dependent on self-employed status, without regard 
to the sex of the person in question. The Committee 
does not therefore see any reason why it should not 
be left to these organizations to decide whether to 
Done at Brussels, 25 October 1984. 
1. Overall assessment 
1.1. The Committee: 
— noting that this Commission proposal is the 
third programme on the management and stor­
age of radioactive waste, 
— appreciating the great importance of nuclear 
energy in the Community's production of elec­
tricity, extend the right to vote to spouses sharing in the 
running of a business. 
Article 9 
The Committee would once again point out that the 
measures to implement the principle of equal treat­
ment should include sanctions in cases of discrimi­
nation, since otherwise practical enforcement of the 
present Directive will not be possible. 
Article 12 
The Committee notes the proposed deadline but 
would draw attention to the difficulties that could 
arise in some Member States in implementing the 
Directive. In this connection it would like compli­
ance with the Directive to be ensured in all coun­
tries as soon as possible. 
The Chairman 
of the Economic and Social Committee 
Gerd MUHR 
— aware nonetheless of the necessity to continue 
to devote funding for research into alternative 
sources of energy, 
— recognizing that the essential prerequisite for 
the responsible use of nuclear energy is the safe 
management and definitive storage of radioac­
tive waste, Opinion on the proposal for a Council Decision adopting a programme on the 
management and storage of radioactive waste (1985 to 1989) (') 
(84/C 343/02) 
On 17 May 1984 the Council decided to consult the Economic and Social Committee, 
under Article 7 of the Euratom Treaty, on the abovementioned proposal. 
The Section for Energy and Nuclear Questions, which was responsible for preparing 
the Committee's work on the subject, adopted its opinion on 5 October 1984, in the 
light of the oral report by Mr Pearson. 
At its 220th plenary session (meeting of 25 October 1984) the Economic and Social 
Committee adopted the following opinion unanimously. 
(') OJ No C 166, 26.6. 1984. strongly supports the Commission's proposals.