No C 113/4 Official Journal of the European Communities 27.4.84 
II 
(Preparatory Acts) 
COMMISSION 
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 
COM(84) 5 7 final/2 
(Submitted by the Commission to the Council on 15 March 1984) 
(84/C 113/04) 
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 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas, in its resolution of 12 July 1982 on the 
promotion of equal opportunities for women (*), the 
Council approved the general objectives of the 
Commission communication concerning a new 
Community action programme on the promotion of 
equal opportunities for women (1982 to 1985) and 
expressed the will to implement appropriate measures 
to achieve them; 
Whereas action 5 of the programme referred to above 
concerns the application of the principle of equal 
treatment to self-employed women and to women in 
agriculture; 
Whereas the implementation of the principle of equal 
pay for men and women workers, as laid down in 
Article 119 of the Treaty, forms an integral part of 
the establishment and functioning of the common 
market; 
Whereas on 10 February 1975 the Council adopted 
Directive 75/117/EEC on the approximation of the 
(') OJ No C 186, 21. 7. 1982, p. 3. laws of the Member States relating to the application 
of the principle of equal pay for men and women (2); 
Whereas, as regards other aspects of equality of 
treatment between men and women, on 9 February 
1976 the Council adopted Directive 76/207/EEC 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 (3) and on 19 December 1978 Directive 
79/7/EEC on the progressive implementation of the 
principle of equal treatment for men and women in 
matters of social security (4); 
Whereas, as regards persons engaged in a self-
employed capacity, in an activity in which their 
spouses are also engaged, the implementation of the 
principle of equal treatment should be pursued 
through the adoption of detailed provisions designed 
to cover the specific situation of these persons; 
Whereas differences persist between the Member 
States in this field; whereas, therefore, it is necessary 
to approximate national provisions with regard to the 
application of the principle of equal treatment; 
Whereas in certain respects the Treaty does not 
confer the powers necessary for the specific actions 
required; 
Whereas the implementation of the principle of equal 
treatment is without prejudice to measures concerning 
the protection of women during pregnancy and 
motherhood, 
(2) OJ No L 45, 19. 2. 1975, p. 19. 
(3) OJ No L 39, 14. 2. 1976, p. 40. 
(4) OJNoL6, 10. 1. 1979, p. 24. 
27. 4. 84 Official Journal of the European Communities No C 113/5 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
1. The purpose of this Directive is to ensure the 
application in the Member States of the principle of 
equal treatment as between men and women engaged 
in an activity in a self-employed capacity, or con­
tributing to such an activity, in so far as those aspects 
not covered by Directives 76/207/EEC and 
79/7/EEC are concerned. 
2. This Directive also provides for the protection 
of self-employed women during pregnancy and 
motherhood. 
Article 2 
This Directive covers: 
(a) self-employed persons, that is to say, all persons 
pursuing a gainful activity for their own account, 
including farmers and members of the liberal 
professions; 
(b) their spouses, where the latter are participating to 
a significant extent in the activities of the self-
employed worker and performing the same tasks 
or ancillary tasks without a partnership agreement 
or contract of employment. 
Article 3 
For the purposes of this Directive the principle of 
equal treatment implies the absence of all discrimi­
nation on grounds of sex, either directly or indirectly 
by reference in particular to marital or family status. 
Article 4 
As regards self-employed persons, Member States 
shall take the measures necessary to ensure that all 
provisions and practices are abolished which are 
contrary to the principle of equal treatment, especially 
in respect of the establishment, fitting-out or 
expansion of a business or the launching or expansion 
of any other form of self-employed activity; this 
obligation shall apply in particular to the conditions 
for the granting of loans. 
Article 5 
As regards spouses as referred to in Article 2 (b), 
Member States shall take the measures necessary to 
eliminate all obstacles, whether direct or indirect, to 
the formation of a company as between spouses. 
Article 6 
Member States shall take the measures necessary to 
abolish fiscal provisions and practices which constitute direct or indirect discrimination in that 
they prejudice substantially the status of the spouse as 
employee. 
Article 7 
To enable spouses as referred to in Article 2 (b), 
working without a partnership agreement or contract 
of employment, to benefit from their participation in 
the activities of a self-employed worker, the Member 
States shall take the measures necessary to ensure that 
these spouses may: 
(a) receive, at their request and in the event that this 
right is not embodied in the related marriage 
contract, consideration for the work they 
perform, whether in cash or some other form; 
such consideration shall not in any year exceed 
the equivalent of half the annual profit realized 
by the self-employed worker nor shall it exceed 
the remuneration which would have been paid to 
a third party for the performance of equivalent 
tasks; 
(b) build up an independent entitlement as regards 
social security, including the right to pregnancy 
and maternity benefits; 
(c) obtain recognition for their work, for example by 
means of an appropriate entry in the register kept 
by the association or other trade body to which 
the self-employed worker belongs; 
(d) enjoy the same rights as the self-employed worker 
as regards entitlement to vote and stand for office 
within the bodies representing the sector of 
activity in which the self-employed worker is 
engaged; nevertheless, this obligation does not 
apply to activities the pursuit of which is subject 
to the possession of a diploma or certificate 
attesting to the holder's vocational capacities, 
where the spouse lacks the requisite 
qualifications; 
(e) obtain access, subject to the same conditions as 
the self-employed worker, to training and 
retraining in respect of the activities they pursue 
or intend to pursue in collaboration with the 
aforesaid worker. 
Article 8 
Member States shall take the measures necessary to 
ensure that women self-employed workers and the 
spouses of self-employed workers as referred to under 
Article 2 (b) shall, during interruptions in their occu­
pational activity due to pregnancy or maternity, be 
able to call on relief services or be entitled to appro-
No C 113/6 Official Journal of the European Communities 27.4.84 
priate benefits under a social security scheme, 
whether contributory or otherwise, or any other 
public social protection system. 
Article 9 
Member States shall take the measures necessary to 
enable all persons who consider themselves affected 
by failure to apply the principle of equal treatment in 
self-employed occupations to pursue their claims by 
judicial process after possible recourse to other 
competent authorities. 
Article 10 
Member States shall take the measures necessary to 
protect those persons referred to in Article 2 against 
penalties imposed by a trade association or other 
body, in particular, the exclusion or suspension of the 
person concerned or the imposition of restrictions on 
his rights within the body or association concerned, 
in response to any complaints or legal proceedings 
aimed at enforcing compliance with the principle of 
equal treatment. 
Article 11 
Member States shall ensure that the measures adopted 
pursuant to this Directive, together with the relevant 
provisions already in force, are brought to the 
attention of bodies representing the self-employed 
workers in question and of vocational-training 
centres. Article 12 
1. The Member States shall bring into force the 
laws, regulations and administrative provisions 
necessary to comply with this Directive by not later 
than ... 0). 
2. Member States shall immediately inform the 
Commission of the measures taken to comply with 
this Directive. 
Article 13 
1. By...(2), Member States shall forward all 
information necessary to the Commission to enable it 
to draw up a report on the application of this 
Directive for submission to the Council. 
2. By. . . (3), and every three years thereafter, 
Member States shall transmit reports to the 
Commission indicating the respective proportions of 
men and women in the bodies or associations 
representing self-employed workers and the number 
of spouses as referred to in Article 2 (b) whose work 
has been given recognition. 
Article 14 
This Directive is addressed to the Member States. 
(') Date to be inserted: two years following the date of 
notification. 
(2) Date to be inserted: four years following the date of 
notification. 
(3) Date to be inserted: five years following the date of 
notification. 
Amendments to the proposal for a Council Regulation on the security to be given to 
ensure payment of a customs debt (') 
COM(84) 198 final 
(Submitted by the Commission to the Council pursuant to Article 149 (2) of the EEC Treaty 
on 6 April 1984) 
(84/C 113/05) 
The Commission hereby amends its proposal as follows: 
1. The following subparagraph (f) is added to Article 1 (2): 
'(f) "public authority" means an authority which exercises statutory powers within the 
framework of the State.' 
(>) OJNoC 30,4. 2. 1983, p. 11.