No C 180/36 Official  Journal  of the European  Communities 28.7.77 
Opinion  on the proposal  for a Directive  concerning  the progressive  implementation  of 
the principle  of equality  of treatment  for men  and  women  in matters  of social  security 
The text  referred  to the Committee  has  been  published  in Official  Journal  of the 
European  Communities  No C 34 of 11 February  1977,  page  3. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 14 January  1977,  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  in accordance  with  Article  198  of the Treaty  establishing  the 
European  Economic  Community. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the above  matter  at its 
150th  plenary  session,  held  in Brussels  on 22 and 23 June  1977. 
The full text of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the Treaty  establishing  the European 
Economic  Community,  and  in particular  Article  198 
thereof, 
Having  regard  to the request  for an opinion  made 
by the  Council  of the  European  Communities  on 
14 January  1977, 
Having  regard  to the decision  taken  by its Bureau  on 
25 January  1977,  instructing  its Section  for Social 
Questions  to draw  up an opinion  on the matter, 
Having  regard  to the opinion  approved  by the Section 
at its meeting  on 12 May  1977; 
Having  regard  to the  report  submitted  by  the 
rapporteur,  Mrs  Weber, 
Having  regard  to the discussions  at its 150th  plenary 
session  on  22  and  23  June  1977  (meeting  of 
22 June  1977), 
Whereas  the  Community  must  press  on with  the 
work  of building  a European  Social  Union  based  on 
equality  and  non-discrimination; 
Whereas  equality  of treatment  is not a new  issue  in 
the Community,  but represents  one  of its perennial 
tasks; 
Whereas  hardly  anything  has been  done  at national 
and Community  level  to bring  about  equal  treatment 
of men  and  women  in the social  security  field; Whereas  this  Directive  is only  a first  step,  and 
provision  for  surviving  dependants,  family  charges 
and one-parent  families,  also  needs  to be covered  at 
an early  date  by such  a Directive; 
Whereas  although  provisions  on maternity  cannot  be 
covered  by the present  Directive,  these  should  be the 
subject  of harmonization  efforts  at the  highest 
possible  EEC  level, 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
with no votes  against  and  one  abstention: 
1. Introduction 
1.1. This  draft  Directive  concerning  the progressive 
implementation  of the principle  of equal  treatment  for 
men and  women  as regards  social  security  is part  of 
the Social  Action  Programme.  It is also  a necessary 
complement  to the Directive  adopted  by the Council 
on 9 February  1976  concerning  the implementation  of 
the principle  of equality  among  men  and  women  as 
regards  access  to employment,  vocational  training  and 
promotion,  and  working  conditions. 
1.2. A  Commission  study  (Inequalities  in treatment 
between  men  and  women  in social  security)  showed 
up many  cases  of discrimination  in both  statutory 
social  security  schemes  and occupational  schemes. 
28. 7. 77 Official  Journal  of the European  Communities No C 180/37 
1.3. The  draft  Directive  aims  to eliminate  all forms 
of discrimination  on grounds  of sex in the conditions 
of entitlement  for,  and  the  duration  and  the  total 
amount  of, benefits  received  in the contingencies  of 
unemployment,  old-age,  sickness  (including  medical 
care),  invalidity  and  industrial  injuries  and  disease. 
It will  apply  to all schemes  of whatever  legal  status 
giving  protection  against  one of the said  contingencies, 
including  supplementary  non-contributory  schemes. 
1.4. The  Directive  allows  some  areas  of social 
security  to be left  out of the equality  moves,  but the 
Member  States  are called  upon  to keep  these  excluded 
areas  under  review  in the  light  of changing  social 
attitudes  and  to introduce  changes  where  necessary. 
1.5. The  draft  Directive  covers  the  working  and 
former  working  population,  both  employees  and 
self-employed,  including  applicants  for vacancies  and 
job-seekers,  persons  undergoing  vocational  training, 
the unemployed,  the  sick,  those  suffering  from 
industrial  injuries,  and  those  with  reduced  earning 
capacity  or no earning  capacity  at all,  in so far as 
they are covered  by social  security  schemes.  Schemes 
covering  the  'non-employed'  category  do not  come 
under  the  Directive. 
Also  excluded  are  widowhood  and  widowerhood, 
maternity  and  family  charges. 
1.6. The  equal  treatment  required  under  the 
Directive  is to be implemented  in three  stages,  set 
out in Article  7. Member  States  have  to report  to 
the Commission  at the  end  of each  stage  on all 
aspects  of the  situation  with  regard  to equality  of 
treatment  in social  security. 
1.7. The  Committee  drew  attention  to 
discrimination  in the  social  security  field  in its 
opinion  on the  communication  of the  Commission 
to the  Council  concerning  equality  of treatment  of 
men and  women  as regards  access  to employment, 
vocational  training,  promotion  and  working 
conditions,  and  the accompanying  draft  Directive  (1), 
and urged  that  family  policy  measures  be included 
when  action  was  taken.  Among  the recommendations 
the Committee  made  regarding  the  social  security 
aspect  were  introduction  of autonomous  pension 
rights  for  spouses  and  the  counting  of the  period 
spent  bringing  up a family  as contribution  periods 
under  statutory  pension  schemes. 
1.8. The  Directive  does  not  set  out  to align 
Member  States'  social  security  schemes,  but  merely 
to bring  about  equal  treatment  of men  and  women 
under  the  various  schemes. 
(!) OJ No  C 286,  15. 12. 1975,  p. 8. 1.9. The  Directive  is intended  as the first  stage  in 
the implementation  of the  principle.  It does  not 
seek to do  away  with  all  differences  in the 
treatment  of men  and  women  at a stroke. 
The Committee  endorses  the  proposed  Directive, 
subject  to the comments  set out below. 
2. General  comments 
2.1. The  Committee  considers  this  Directive  to be 
an important  first  step  towards  equality  between 
the sexes  in the social  security  field.  The  obligation 
Article  5 of the Directive  imposes  on Member  States 
of bringing  their  social  security  laws  and  regulations 
into line  with  the  equality  principle  and  of making 
employers  and  employees  do the  same  within  their 
particular  province  is a particularly  significant  one. 
In both  statutory  and  occupational  schemes,  and  in 
the private  insurance  arrangements  which  often 
supplement  them,  many  kinds  of discrimination  still 
occur. 
2.2. The  Committee  agrees  with  the  Commission 
that the  differences  in the  social  security  treatment 
of men  and  women  cannot  be ended  with  a single 
measure.  It urges,  however,  that  Council  Directives 
also be issued  as soon  as possible  on the areas  that 
have  either  been  excluded  from  the present  Directive 
or are not  referred  to it, namely  statutory  provision 
for maternity,  discriminatory  provisions  with  regard 
to marital  or family  status,  the  calculation  of 
contribution  periods  for pension  purposes  (counting 
of periods  of non-employment  to have  and  bring  up 
a family  or to look  after  sick  or infirm  dependants), 
the acquisition  of benefit  rights  after  interruption  of 
employment,  and  acquisition  of such  rights  by virtue 
of the  insurance  status  or contribution  record  of 
the spouse. 
The Committee  also  expects  special  attention  to be 
paid the problem  of the social  security  of part-time 
workers. 
2.3. The  Committee  feels  that  merely  removing 
discrimination  from  the law  will  not  automatically 
lead to equality.  To  achieve  equality  in practice, 
further  concrete  steps  need  to be taken.  This  is 
so particularly  because  of the  fact  that  the  past 
discrimination  against  women  still  has  repercussions 
on their  social  security  rights.  To give  but  one 
example,  even  where  women  have  the  same  rights 
as men  under  social  security  legislation,  discrimination 
against  them  in the  matter  of pay  automatically 
means  that  their  retirement  pensions  will  be smaller. 
No C 180/38 Official  Journal  of the European  Communities 28. 7. 77 
2.4. The  Member  -States'  social  security  systems 
will eventually  have  to be  harmonized.  The 
Committee  appreciates  the difficulties  in achieving 
this in the  short  term.  But  this  very  fact  should 
encourage  the Commission  to bear  the objective  of 
harmonization  in mind  in all its work  on social 
security  and  to seize  every  discernible  opportunity 
of achieving  that  objective. 
2.5. The  Committee  sees  one  such  opportunity 
for harmonization  in tackling  in the Directive  the 
question  of the  retirement  age,  at least  as far as 
women  are  concerned.  The  compulsory  earlier 
retirement  for  women  in some  sectors  in some 
Member  States  constitutes  a real  source  of major 
discrimination  against  women. 
2.6. The  Committee  considers  that  optional  earlier 
retirement  for women  is justified  and  does  not 
conflict  with  the equality  principle  so long  as family 
responsibilities  are still  shouldered  mainly  by women 
and not  by both  partners  jointly.  The  majority  of 
Member  States  give  women  this  option  of applying 
for their  retirement  pensions  earlier  than  men.  It 
could  be laid  down  for all the Member  States. 
2.7. The  Committee  therefore  urges  the 
Commission  to modify  the strict  exclusion  of the 
question  of retirement  age in Article  6, on the lines 
suggested  above. 
2.8. In  the present  general  employment  situation, 
introduction  of a uniform  retirement  age  for men 
and women  is well  worth  considering.  The 
Committee  urges  the Commission  not  to lose  sight 
of this  possibility,  given  the  widely  divergent 
national  attitudes  to the  question  of lowering  the 
retirement  age.  It refers  in this  connection  to the 
relevant  recommendations  made  by it in earlier 
opinions  (x). 
2.9. As  noted  above,  solutions  should  also  be 
found  as soon  as possible  for the other  excluded 
problem  areas,  namely  calculation  of contribution 
periods  for pension  purposes  (counting  of periods  of 
non-employment  to have  and  bring  up a family)  and 
the acquisition  of benefit  rights  after  interruption  of 
employment.  The  difficulties  here  should  not  be 
insuperable.  Also,  the Commission  would  have  an 
opportunity  of legislating  in an area  in which  there 
are not as yet many  national  rules,  so that  subsequent 
harmonization  would  be unnecessary.  Equal  treatment 
of men  and  women  in the calculation  of pensions 
could  be established  at the outset. 
2.10.  With  regard  to the 'acquisition  of rights  to 
benefit  by  virtue  of the  insurance  status  or 
(*) OJ No C 286,  15. 12. 1975. 
OJ No C 56, 7. 3. 1977. contribution  record  of the  spouse',  the Committee 
would  reiterate  its previously  expressed  view  that  a 
complete  rethinking  of our approach  to dealing  with 
the problems  of widowhood  and  widowerhood  is 
required  in the  changed  circumstances  of today. 
Accordingly,  in its opinion  on the  communication 
of the Commission  to the Council  concerning  equality 
of treatment  of men  and  women  as regards  access  to 
employment,  vocational  training,  promotion  and 
working  conditions,  the Committee  suggested  that  an 
enquiry  be made  into  whether,  and  how,  it would 
be possible  to  introduce  independent  old-age 
pensions  on a partnership  basis. 
2.11.  The  Committee  again  suggests  to the 
Commission  that  it have  a study  carried  out  into 
ways  of bringing  in independent  social  security  rights 
for both  spouses.  This  is a particularly  important 
matter  for both  sexes  since  the present  arrangements 
in many  Member  States  regarding  derived  pension 
rights  are outdated. 
2.12.  The  Committee  appreciates  that  the Member 
States  must  be allowed  a certain  amount  of time  to 
amend  the relevant  laws  in line  with  the Directive.  It 
considers,  however,  that  it will  be quite  possible  for 
the Member  States  to amend  their  laws  within  the 
proposed  time  limits. 
2.13.  The  Committee  does  not  agree  with  the 
Member  States  being  allowed  to postone  indefinitely 
dealing  with  the  areas  referred  to in Article  6. It 
urges  the Commission  and  the Council  to lay down 
time limits  for these  as well  and  to amend  the draft 
Directive  accordingly. 
2.14.  The  Committee  considers  that  the proposal 
that the Member  States  and  labour  and  employers' 
organizations  should  undertake  regular  reviews  of 
the areas  excluded  from  the Directive  will  not  be 
sufficient  to stimulate  rapid  change  in these  important 
areas  of social  security. 
2.15.  The  Committee  considers  that  the  qualifi-
cation  'in so far as they  are not already  covered  by 
Community  provisions',  which  occurs  several  times  in 
the Directive  (Articles  2 and  4), is not clear  enough. 
2.16.  The  Commission  should  also  make  it clear 
that the  term  'occupational  schemes'  covers  all 
collective  and  individual  agreements  relating  to the 
areas  of social  security  to which  the Directive  applies. 
2.17.  The  Committee  urges  the  Commission  to 
mention  in the Directive  the means  of legal  redress 
which  individuals  can  use  if necessary  to obtain 
enforcement  of the  rights  given  to them  under 
the Directive.  It should  not  automatically  be 
28. 7.77 Official  Journal  of the European  Communities No C 180/39 
assumed  that  the  Directive  of 9 February  1976 
concerning  the  implementation  of the  principle  of 
equal  treatment  of men  and  women  as regards 
access  to employment,  vocational  training  and 
promotion,  and  working  conditions  and  this 
Directive  will  be seen  as having  to be taken  in close 
conjunction  with  one  another. 
3. Specific  comments 
3.1. The  following  additions  should  be made  to 
Article  1: 
'The  purpose  of this  Directive  is to make  a first 
step towards  implementation  in the  Member 
States,  in matters  of social  security,  of the 
principle  of equal  treatment  of men  and  women 
as set out  in the  Directive  of the  Council  of 
9 February  1976  concerning  the  implementation 
of the  principle  of equal  treatment  of men  and 
women  as  regards  access  to  employment, 
vocational  training  and  promotion,  and  working 
conditions.' 
3.2. The  latter  part  of Article  2 (2) should  read: 
... in so far  as they  supplement,  extend  or 
substitute  for  benefits  in respect  of any  of the 
said contingencies.' 
Done  at Brussels,  22 June  1977. 3.3. Article  6 (1) (b) should  read: 
'... (in  particular  as regards  the  reckoning  for 
pension  purposes  of  periods  spent  outside 
employment  by  reason  of  pregnancy  or 
parenthood)  ...' 
3.4. The  second  line  of Article  6 (1) should  read: 
'Member  States  to exclude  from  its field  of 
application,  for a limited  period,.. 
3.5. The  following  sentence  should  be inserted 
after  the first  sentence  of Article  6 (2): 
'The  first  of these  reviews  shall  be undertaken 
within  two  years  after  the  entry  into  force  of 
this Directive.' 
3.6. New  Article  8 (present  Article  8 becomes 
Article  9): 
'Member  States  shall  enact  the  necessary 
measures  in their  national  law  to enable  any 
employee  who  considers  himself  (herself)  wronged 
by failure  to apply  to him  (her)  the  principle 
of equal  treatment,  to obtain  enforcement  of his 
(her)  rights  by law  after  recourse  to any  other 
competent  authorities.' 
The Chairman 
of the Economic  and  Social  Committee 
Basil  de FERRANTI 
Opinion  on the proposal  for a Council  Directive  to protect  the consumer  in respect  of 
contracts  which  have  been  negotiated  away  from  business  premises 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 22 of 29 January  1977,  page  6. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 27 January  1977,  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  in accordance  with  Article  100  of the  Treaty  establishing  the 
European  Economic  Community. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the above  matter  at its 
150th  plenary  session,  held  in Brussels  on 22 and  23 June  1977. 
The full  text  of the opinion  is as follows: