Amended proposal for a COUNCIL REGULATION (Euratom, ECSC, EEC) amending the Staff Regulations of Officials and Conditions of Employment of Other Servants of the European Communities in respect of equal treatment of men and women
Date: 1996-03-04
Institutions: European Commission
Subjects: European official, LGBTIQ persons, equal treatment, regulations for civil servants, servant (EU)

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  04.03.1996 
COM(96)  77 final 

Amended  proposal  for  a 
COUNCIL  REGULATION  (Euratom.  ECSC. EEC) 

amending  the  Staff  Regulations  of  Officials  and  Conditions  of  Employment 
of  Other  Servants  of  the  European  Communities  in  respect 
of  equal  treatment  of  men  and  women 

(presented  by  the  Commission  pursuant  to  Article  189a(2) 
of  the EC Treaty) 

EXPLANATORY  MEMORANDUM 

Revised  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 

On  19 March  1993  the  Commission  adopted  a  proposal  for  a  Council  Regulation 
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 
(COM(93)106 final). 

This proposal  was sent to the Council  on 29 March  1993  [doc. 5661/93]. 

At the plenary  sitting of Parliament  on  19 November  1993 the Commission  accepted an 
amendment  put  forward  by  Parliament  aimed  at  extending 
the  principle  of 
non-discrimination  expressed  in  the  initial  proposal  to  sexual  orientation,  but  only  in 
respect  of recruitment  and  career  development. 

A number of consultations were held throughout  1994 which led to the formulation  of the 
present  proposal. 

The  initial  Commission  proposal  should  therefore  be  revised  to  take  account  of  these 
consultations  and  of Parliament's  amendment. 

The statement of this principle in the Staff Regulations is not in conflict with theKalanke 
judgment  as provision  is made  for  the  relevant  detailed  measures to be  determined  by 
agreement  by the institutions  at a later date. 

A 

Amended  proposal  for  a 
COUNCIL  REGULATION  (Euratom.  ECSC. EEC) 

amending  the  Staff  Regulations  of  Officials  and Conditions  of  Employment 
of  Other  Servants  of  the  European  Communities  in  respect 
of  equal  treatment  of  men  and  women 

THE COUNCIL  OF  THE EUROPEAN  UNION, 

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 

Having  regard  to  the  opinion  of  the  Court  of  Auditors,4 

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  asked to determine,  by  agreement,  positive  actions to 
promote  equal  opportunities  for  female  and  male  officials  in  the  areas  covered  by  the 
Staff  Regulations  and the  Conditions  of  Employment  of  Other  Servants, 

HAS  ADOPTED  THIS  REGULATION 

Article 1 

The Staff Regulations of Officials  of the European Communities are amended as follows: 

l)The  following  Article  is  inserted  after  Article  1: 

Article  la 

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  or sexual  orientation  without  prejudice  to the relevant  provisions  requiring a 
specific  marital  status. 

Opinion  No 

2. 

The  institutions  shall  determine,  by  agreement,  after  consulting  the  Staff 
Regulations Committee, measures and actions to promote equal  opportunities for 
female  and  male  officials  in  the  areas  covered  by  these  Staff  Regulations,  and 
shall adopt the appropriate provisions, notably to redress such de facto  inequalities 
as hamper  opportunities  for  women  in these areas. 

2) 

The  second  paragraph  of  Article 27 is replaced  by the  following: 

"Officials  shall be  selected  without  distinction  as to race, political,  philosophical 
or religious beliefs, sex or sexual orientation and without reference to their marital 
status or family  situation." 

Article 2 

The  Conditions  of  Employment  of  Other  Servants  of  the  European  Communities  are 
amended  as follows: 

1. 

The first paragraph  of Article  10 is replaced  by the  following: 

"Article  la,  Article  5(1),  (2)  and  (4)  and  Article  7  of  the  Staff  Regulations, 
concerning  the  classification  of  posts  in  categories,  services  and  grades,  equal 
treatment  for  officials  and  the  assignment  of  officials  to  posts,  shall  apply  by 
analogy." 

2. 

The second  subparagraph  of Article  12(1) is replaced  by the  following: 

"Temporary  staff  shall  be  selected  without  distinction  as  to  race,  political, 
philosophical  or religious beliefs,  sex or sexual  orientation  and without  reference 
to their marital  status or family  situation." 

3. 

The following  is added  to Article 53: 

"Article  la of the Staff Regulations, concerning equality of treatment for  officials, 
shall  apply  by  analogy." 

4. 

Article 83 is replaced  by the  following. 

"Article  la,  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  Articles 90  and  91  of the 
Staff  Regulations,  concerning  appeals,  shall  apply by  analogy." 

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 Council 
The President 

ISSN 0254-1475 

COM(96) 77 final 

DOCUMENTS 

EN 

01 

Catalogue number  :  CB-CO-96-088-EN-C 

ISBN 92-78-00954-7 

Office  for Official Publications of the European Communities 

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