Council Regulation (EC, ECSC, Euratom) No 781/98 of 7 April 1998 amending the Staff Regulations of Officials and Conditions of Employment of Other Servants of the European Communities in respect of equal treatment
Date: 1998-04-07
Institutions: Council of the European Union
Subjects: European official, equal treatment, regulations for civil servants, servant (EU)

L 113/4

‹

EN

‹

Official Journal of the European Communities

15. 4. 98

COUNCIL REGULATION (EC, ECSC, EURATOM) No 781/98

of 7 April 1998

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

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
liament (2),

the European Par-

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 should be
included among the basic tenets set out in the Staff Regu-
lations 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 opportun-
ities for men and women 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
Communities are hereby amended as follows:

the European

1. The following Article shall be inserted after Article 1:

‘Article 1a

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.

(1) OJ C 144, 16. 5. 1996, p. 14.
(2) OJ C 85, 17. 3. 1997, p. 128.
(3) Opinion delivered on 24 May 1993.
(4) Opinion delivered on 23 April 1997.

treatment shall not prevent

2. With a view to ensuring ensure full equality in
practice between men and women in working life, the
principle of equal
the
institutions of the European Communities from main-
taining or adopting measures providing for specific
advantages in order to make it easier for the under-
represented sex to pursue a vocational activity or to
prevent or compensate for disadvantages in profes-
sional careers.

The institutions shall determine, by agreement,
3.
after consulting the Staff Regulations Committee,
measures and actions to promote equal opportunities
for men and women in the areas covered by these Staff
Regulations, and shall adopt the appropriate provisions
facto inequalitites as
such de
notably to redress
hamper opportunities for women in these areas.’

2. The second paragraph of Article 27 shall be 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 hereby amended as follows:

1.

the first paragraph of Article 10 shall be replaced by
the following:

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

2.

the second subparagraph of Article 12(1) shall be
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 paragraph shall be added to Article 53:

‘Article 1a of the Staff Regulations concerning equality
of treatment for officials shall apply by analogy.’

15. 4. 98

‹

EN

‹

Official Journal of the European Communities

L 113/5

4. Article 83 shall be replaced by the following:

‘Article 83

tions of officials and Articles 90 and 91 of the Staff
Regulations
apply by
analogy.’

concerning

appeals

shall

Article 1a, Article 11, the first paragraph of Article 12,
Article 14, the first paragraph of Articles 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 obliga-

Article 3

This Regulation shall enter into force on the day fol-
lowing that of 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 Luxembourg, 7 April 1998.

For the Council

The President

D. BLUNKETT