COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(93) 106 final 
Brussels, 19 March 1993 
Proposal for a 
COUNCIL REGULATION (Euratom, ECSC, EEC) 
amending the Staff Regulations of Officials and the 
Conditions of Employment of Other Servants of the 
European Communities in respect of equal 
treatment of men and women 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
The principle of equal treatient of «en and wonen, which has been the 
subject of a number of Community Instruments, notably the Council 
Directive of 9 February 1976, is one that governs the actions of 
Community Institutions both In their Internal operation and in their 
dealings with the outside world. 
There is, nevertheless, a clear need to write the principle itself into 
the Staff Regulations of Officials and Conditions of Employment of Other 
Servants of the European Communities as one of their basic tenets, 
rather than just apply It in the matter of recruitment, and to make 
clear and specific provision that, should de facto inequalities become 
apparent In the Community's public service, the institutions will 
determine, by agreement, positive action to be taken in favour of women. 
The purpose of this proposal is to incorporate these changes in the 
instruments in question. 
PROPOSAL FOR A 
COUNCIL REGULATION (Euratom. ECSC. EEC) No 
of 
amending the Staff Regulations of Officials and the Conditions of 
Employment of Other Servants of the European Communities In respect of 
equal treatment of men and women 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing a Single Council and a Single 
Commission of the European Communities, and In particular Article 24 
thereof, 
Having regard to the proposal from the Commission, made after consulting 
the Staff Regulations Committee,1 
Having regard to the opinion of the European Parliament,2 
Having regard to the opinion of the Court of Justice,3 
Whereas the principle of equal treatment of men and women should be 
included among the basic tenets set out In the Staff Regulations and 
Conditions of Employment applying to the Community's public service, and 
not only in the matter of recruitment; 
Whereas the institutions should be required to determine, by agreement, 
positive actions to promote equal opportunities for women and men In the 
areas covered by the Staff Regulations and the Conditions of Employment 
of Other Servants, 
HAS ADOPTED THIS REGULATION t 
ARTICLE 1 
The Staff Regulations of Officials of the European Communities are 
amended as fo I lows: 
1. The following Article is Inserted after Article 5: 
Art icle 5a: 
1. Officials shall be entitled to equal treatment under these Staff 
Regulations without reference, direct or indirect, to race, 
political, philosophical or religious beliefs, sex, marital 
status or family situation, without prejudice to the specific 
rules governing pregnancy and maternity. 
2. The institutions shall determine, by agreement, after consulting 
the Staff Regulations Committee, measures and actions to promote 
equal opportunities for women and men by redressing such 
de facto inequalities as hamper opportunities for women In the 
areas covered by these Staff Regulations, and shall adopt the 
appropriate provisions. 
2. The second paragraph of Article 27 is repealed 
ARTICLE 2 
The Conditions of Employment of Other Servants of the European 
Communities are amended as follows: 
The first paragraph of Article 10 is replaced by the following: 
"Article 5(1), (2) and (4), Article 5a and Article 7 of the 
Staff Regulations, concerning the classification of posts in 
categories, services and grades, equal treatment and the 
assignment of officials to posts, shall apply by analogy." 
The second subparagraph of Article 12(1) Is repealed. 
The following is added to Article 53: 
"Article 5a of the Staff Regulations, concerning equal 
treatment of officials, shall apply by analogy." 
Article 83 is replaced by the following: 
"Article 5a, Article 11, the first paragraph of Article 12, 
Article 14, the first paragraph of Article 16, Articles 17, 19 
and 22, the first and second paragraphs of Article 23 and the 
second paragraph of Article 25 of the Staff Regulations, 
concerning the rights and obligations of officials, and 
•rttctes 90 and 91 of the Staff Regulation», concerning, 
appeals, shall apply by analogy." 
6 
ARTICLE 3 
This Regulation shall enter into force on the 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. 
Done at Brussels, For the CounciI 
The President 
-3-BSN 0254-1475 
COM(93) 106 final 
DOCUMENTS 
EN 04 oi 
Catalogue number : CB-CO-93-128-EN-C 
ISBN 92-77-53787-6 
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