Amended proposal for a Council Directive establishing a general framework for equal treatment in employment and occupation (presented by the Commission pursuant to Article 250 (2) of the EC-Treaty)
Date: 2000-10-12
Institutions: European Commission
Subjects: anti-discriminatory measure, equal treatment, gender equality, labour market

C 62 E/152

EN

Official Journal of the European Communities

27.2.2001

Amended proposal for a Council Directive establishing a general framework for equal treatment in
employment and occupation (1)

(2001/C 62 E/11)

(Text with EEA relevance)

COM(2000) 652 final (cid:15) 1999/0225(CNS)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 12 October 2000)

(1) OJ C 177 E, 27.6.2000, p. 42.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE COUNCIL OF THE EUROPEAN UNION,

Unchanged

Having regard to the Treaty establishing the European
Community, and in particular Article 13 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of Regions,

Whereas:

(1) The European Union is founded on the principles of
liberty, democracy, respect for human rights and funda-
mental freedoms, and the rule of law, principles which are
common to all Member States. In accordance with Article
6(2) of the Treaty on European Union, the Union should
respect fundamental rights as guaranteed by the European
the protection of Human Rights and
Convention for
of
general
Fundamental
Community law.

Freedoms,

principles

as

(1) The European Union is founded on the principles of
liberty, democracy, respect for human rights and funda-
mental freedoms, and the rule of law, principles which are
common to all Member States. In accordance with Article
6(2) of the Treaty on European Union, the Union should
respect fundamental rights as guaranteed by the European
Convention for
the protection of Human Rights and
Fundamental Freedoms and as they result from the consti-
tutional
traditions common to the Member States, as
general principles of Community law.

(2) Article 13 of

the Treaty establishing the European
Community empowers the Council to take appropriate
actions to combat discrimination based on sex, racial or
ethnic origin, religion or beliefs, disability, age or sexual
orientation.

Unchanged

27.2.2001

EN

Official Journal of the European Communities

C 62 E/153

INITIAL PROPOSAL

AMENDED PROPOSAL

(3) The principle of equal treatment on grounds of sex is well
established by a considerable body of Community law, in
particular in Council Directive 76/207/EEC of 9 February
1976 on the implementation of the principle of equal
for men and women as regards access to
treatment
training and promotion, and
employment, vocational
conditions (1). The Treaty
working
the
to adopt
European Community empowers the Council
measures to ensure the application of the principle of
equal opportunities and equal
treatment of men and
women in matters of employment and occupation.

establishing

(4) In implementing the principle of equal

the
Community should,
in accordance with Article 3(2) of
the EC Treaty, aim to eliminate inequalities and to
promote equality between men and women, especially
since women are often the victims of multiple discrimi-
nation.

treatment,

(5) The right to equality before the law and protection against
discrimination for all persons constitutes a universal right
recognised by the Universal Declaration of Human Rights,
UN Covenants on Civil and Political Rights and on
Economic, Social and Cultural Rights, of which all
Member States are signatories; whereas ILO Convention
No 111 prohibits
field of
employment and occupation.

discrimination in the

Unchanged

(6) The Community Charter of the Fundamental Social Rights
of Workers the importance of combating every form of
discrimination,
including the need to take appropriate
action for the social and economic integration of elderly
and disabled people.

(6) The Community Charter of the Fundamental Social Rights
of Workers recognises the importance of combating every
form of discrimination, including the need to take appro-
priate action for the social and economic integration of
elderly and disabled people.

(7) The Treaty establishing the European Community includes
among its objectives
the promotion of coordination
between employment policies of the Member States. To
this end, a new employment chapter was incorporated in
the Treaty establishing the European Community, as a
means of developing a coordinated European strategy
for employment
trained and
adaptable workforce.

to promote a skilled,

Unchanged

___________
(1) OJ L 39, 14.2.1976, p. 40.

C 62 E/154

EN

Official Journal of the European Communities

27.2.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

(8) The 1999 Employment Guidelines agreed by the European
Council at Vienna on 11 and 12 December 1998 stress
the need to foster conditions for a more active partici-
pation in the labour market by formulating a coherent set
of policies aimed at combating discrimination on grounds
of disability and race or ethnic origin. The European
Council Conclusions of Vienna emphasise the need to
pay particular attention to supporting older workers, in
order to increase their participation in the labour force.

(8) The 2000 Employment Guidelines agreed by the Helsinki
European Council on 10 and 11 December 1999 reaffirm
the need to foster a labour market conducive to social
inclusion by formulating a coherent
set of policies
aimed at combating discrimination against groups such
as the disabled. They also underline the need to pay
particular attention to supporting older workers in order
to increase their participation in the labour force.

(9) Employment and occupation are key elements in guaran-
teeing equal opportunities for all and strongly contribute
to the full participation of citizens in economic, cultural
and social life

(9) Employment and occupation are key elements in guaran-
teeing equal opportunities for all and strongly contribute
to the full participation of citizens in economic, cultural
and social life, and to their personal self-realisation.

(11) Discrimination based on racial or ethnic origin, religion or
belief, disability, age or sexual orientation may undermine
the achievement of the objectives of the Treaty estab-
lishing the European Community,
the
attainment of a high level of employment and of social
the raising of
protection,
living and
quality of
life, economic and social cohesion and soli-
darity, and the fostering of the free movement of persons.

the standard of

in particular

(12) To this end any direct or indirect discrimination based on
racial or ethnic origin, religion or belief, disability, age or
sexual orientation as regards the areas covered by this
Directive
the
Community;

throughout

prohibited

should

be

(10) On 29 June 2000,

the Council

adopted Directive
2000/43/EC implementing
of
equal
racial or
treatment between persons
ethnic origin, which already in itself provides protection
against such discrimination in employment and occu-
pation.

the
principle
irrespective of

(11) Discrimination based on religion or belief, disability, age
or sexual orientation may undermine the achievement of
the Treaty establishing the European
the objectives of
Community, in particular the attainment of a high level
of employment and of social protection, the raising of the
standard of living and quality of life, economic and social
cohesion and solidarity, and the free movement of
persons.

(12) To this end any direct or indirect discrimination based on
religion or belief, disability, age or sexual orientation as
regards the areas covered by this Directive should be
prohibited throughout the Community; this prohibition
of discrimination also applies to third-country nationals
treatment based on
but does not cover differences of
nationality
to provisions
governing the entry into and residence of third-country
nationals and their access to employment and occupation.

and is without prejudice

(13) Harassment which produces an intimidating, hostile,
offensive or disturbing work environment in relation to
any discriminatory ground should be deemed to be
discrimination.

(13) Harassment should be deemed to be discrimination when
an unwanted conduct
related to religion or beliefs,
disability, age or sexual orientation takes place with the
purpose or effect of violating the dignity of a person and
of creating an intimidating, hostile, degrading, humiliating
or offensive environment.

(14) The provision of measures to accommodate the needs of
disabled people at the workplace plays an important role
in combating discrimination on grounds of disability.

Unchanged

27.2.2001

EN

Official Journal of the European Communities

C 62 E/155

INITIAL PROPOSAL

AMENDED PROPOSAL

(15) Reasonable adjustment should be made, i.e. effective and
practical measures aimed at adapting the workplace to a
person’s disability, for example by modifying facilities or
equipment, working patterns, the allocation of tasks or
the provision of training or personal assistance.

(16) In order to determine whether the measures in question
give rise to a disproportionate burden, particular account
should be taken of the financial and other costs involved,
of the size and turnover of the organisation or under-
taking and of the availability of public funding or any
other assistance.

(17) A difference of treatment may be justified where a char-
acteristic related to a discriminatory ground constitutes a
genuine occupational qualification.

(17) A difference of treatment may be justified where a char-
acteristic related to a discriminatory ground constitutes a
genuine occupational requirement.

(18) The European Union in its Declaration on the status of
churches and non-confessional organisations, attached to
the Amsterdam Treaty, has explicitly recognised that it
status which
respects
churches
communities
enjoy in the Member States under national law and that
it
status of philosophical and
non-confessional organisations.

and does not prejudice
and religious

the
associations or

equally respects

the

Unchanged

(19) The prohibition of discrimination should be without
prejudice to the maintenance or adoption of measures
providing for specific advantages to prevent, reduce or
eliminate inequalities associated with the above-mentioned
discriminatory grounds

(19) The prohibition of discrimination should be without
prejudice to the maintenance or adoption of measures
intended to prevent or compensate for disadvantages
suffered by a group of persons of a particular religion
or belief, disability, age or sexual orientation.

(20) The provisions of

this Directive lay down minimum
requirements, thus giving the Member States the option
of introducing or maintaining more favourable provisions.
The implementation of this Directive should not serve to
justify any regression in relation to the situation which
already prevails in each Member State.

Unchanged

(21) It is important to ensure that persons who have been
subject to discrimination have adequate means of
legal
protection. Associations or legal entities must also be
empowered to exercise the right of defence on behalf of
any victim.

(21) Persons who have been subject to discrimination based on
religion or belief, disability, age or sexual orientation
should have adequate means of
legal protection. To
provide a more effective level of protection, associations,
or other legal entities should also be empowered to
exercise the rights of defence on behalf of or in support
of the complainant.

(22) The effective implementation of the principle of equality
requires adequate judicial protection in civil matters
against victimisation and an adjustment of the general
rules on the burden of proof.

(22) The effective implementation of the principle of equality
requires adequate judicial protection against victimisation
and an adjustment of the general rules on the burden of
proof in civil and administrative matters.

C 62 E/156

EN

Official Journal of the European Communities

27.2.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

(23) Member States should provide adequate information on

Unchanged

the provisions adopted pursuant to this Directive.

(24) Member States should promote social dialogue between
the social partners, to address different forms of discrimi-
nation in the workplace and to combat them.

(24) Member States should promote social dialogue between
the social partners, and with non-governmental organi-
sations, to address different forms of discrimination in
the workplace and to combat them.

any

that

laws,

(25) Member States should take the necessary measures to
ensure
administrative
provisions, collective agreements, internal rules of under-
takings or
rules governing independent occupations,
professions, or trade organisations which are contrary to
the principle of equal treatment should be declared null
and void or should be amended.

regulations,

any

that

laws,

(25) Member States should take the necessary measures to
ensure
administrative
provisions, collective agreements, internal rules of under-
takings or
rules governing independent occupations,
professions, or trade organisations which are contrary to
the principle of equal treatment should be, or should be
able to be, declared null and void or amended.

regulations,

(26) Member States should provide for effective, proportionate
and dissuasive sanctions in case of breaches of the obli-
gations under this Directive.

Unchanged

(27) The Member States may entrust management and labour,
at their joint request, with the implementation of this
Directive, as regards provisions falling within the scope
the Member
of collective agreements, provided that
States take all the necessary steps to ensure that they
can at all times guarantee the results imposed by this
Directive.

Unchanged

(28) In accordance with the principles of subsidiarity and
proportionality as set out in Article 5 of the Treaty estab-
lishing the European Community, the objectives of this
Directive, namely the creation, within the Community,
of a level playing-field as regards equality in employment
and occupation, cannot be sufficiently achieved by the
Member States and can therefore, by reason of the scale
and impact of the proposed action, be better achieved by
to the
the Community. This Directive confines itself
minimum required in order to achieve those objectives
and does not go beyond what
that
purpose,

is necessary for

HAS ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

Purpose

into effect

this Directive is to put

in the
The purpose of
treatment as regards
Member States the principle of equal
access to employment and occupation,
including promotion,
vocational training, employment conditions and membership
of certain organisations, of all persons irrespective of racial
or ethnic origin, religion or belief, disability, age or sexual
orientation.

this Directive is to put

in the
The purpose of
treatment as regards
Member States the principle of equal
access to employment and occupation,
including promotion,
vocational training, employment conditions and membership
of certain organisations, of all persons irrespective of religion
or belief, disability, age or sexual orientation.

into effect

27.2.2001

EN

Official Journal of the European Communities

C 62 E/157

INITIAL PROPOSAL

AMENDED PROPOSAL

Article 2

Unchanged

Concept of discrimination

For the purposes of this Directive, the principle of equal
1.
treatment shall mean that there shall be no direct or indirect
discrimination whatsoever between persons on any of
the
grounds referred to in Article 1.

2.

For the purposes of paragraph 1:

(a) direct discrimination shall be taken to occur where, on any
of
the grounds referred to in Article 1, one person is
treated less favourably than another is, has been or would
be treated;

(b) indirect discrimination shall be taken to occur where an
apparently neutral provision, criterion or practice is liable
to affect adversely a person or persons to whom any of the
grounds
that
provision, criterion or practice is objectively justified by a
legitimate aim and the means of achieving it are appro-
priate and necessary.

referred to in Article 1 applies, unless

Harassment of a person related to any of the discriminatory
grounds and areas referred to in Article 1 which has the
purpose or
creating an intimidating, hostile,
offensive or disturbing environment, shall be deemed to be
discrimination within the meaning of paragraph 1.

effect of

Harassment shall be deemed to be discrimination within
3.
the meaning of paragraph 1 when an unwanted conduct
related to any of the grounds referred to in Article 1 takes
place with the purpose or effect of violating the dignity of a
person and of creating an intimidating, hostile, degrading,
the
humiliating or offensive environment.
concept of harassment may be defined in accordance with
the national laws and practices of the Member States.

In this context,

for persons with disabilities,

In order to guarantee compliance with the principle of equal
reasonable accom-
treatment
modation shall be provided, where needed,
to enable such
to, participate in, or advance in
persons
employment, unless
an undue
hardship.

to have access

requirement

creates

this

treatment

In order to guarantee compliance with the principle of
4.
reasonable
for persons with disabilities,
equal
the employer
adjustment shall be made. This means that
shall
take measures appropriate to the needs of a given
situation in order to enable such persons to have access to,
participate in, or advance in employment, or to have access to
creates disproportionate
training, unless
burden.

requirement

this

5.
An instruction to discriminate against persons on any of
the grounds referred to in Article 1 shall be deemed to be
discrimination within the meaning of paragraph 1.

C 62 E/158

EN

Official Journal of the European Communities

27.2.2001

INITIAL PROPOSAL

Article 3

Material scope

AMENDED PROPOSAL

Unchanged

This Directive shall apply with regard to:

This Directive shall apply to all persons in both the public and
private sectors, including public authorities, with regard to:

(a) conditions for access to employment, self-employment and
occupation, selection criteria and recruitment conditions,
whatever the sector or branch of activity and at all levels
of the professional hierarchy, including promotion;

(a) conditions for access to employment, self-employment and
occupation, unpaid or voluntary work, including selection
criteria and recruitment conditions, whatever the sector or
branch of activity and at all
the professional
hierarchy, including promotion;

levels of

(b) access to all types and to all levels, of vocational guidance,
training and

advanced vocational

training,

vocational
retraining;

(b) access to all types and to all levels of vocational guidance,
training and

vocational
retraining, including practical work experience;

advanced vocational

training,

(c) employment and working conditions, including dismissals

Unchanged

and pay;

(d) membership of and involvement

in an organisation of
workers or employers, or any other organisation whose
members carry on a particular profession,
including the
benefits provided for by such organisations.

Article 4

Genuine occupational qualifications requirement

Genuine occupational requirement

1.
Notwithstanding Article 2(1) and (2), Member States may
provide that a difference of treatment which is based on a
characteristic related to any of
the discriminatory grounds
referred to in Article 1 shall not constitute discrimination
where, by reason of the nature of the particular occupational
activities concerned or of the context in which they are carried
out, such a characteristic constitutes a genuine occupational
qualification.

1.
Notwithstanding Article 2(1) and (2), Member States may
provide that a difference of treatment which is based on a
characteristic related to any of
the discriminatory grounds
referred to in Article 1 shall not constitute discrimination
where, by reason of the nature of the particular occupational
activities concerned or of the context in which they are carried
out, such a characteristic constitutes a genuine occupational
requirement, provided that the objective is legitimate and the
requirement is proportionate.

2. Member States may provide that, in the case of public or
private organisations which pursue directly and essentially the
aim of ideological guidance in the field of religion or belief
with respect to education, information and the expression of
opinions, and for the particular occupational activities within
those organisations which are directly and essentially related to
that aim, a difference of treatment based on a relevant char-
acteristic related to religion or belief shall not constitute
discrimination where, by reason of
these
activities, the characteristic constitutes a genuine occupational
qualification.

the nature of

2.
Notwithstanding paragraph 1, the Member States may
provide that in the case of public or private organisations
based on religion or belief, and for the particular occupational
activities within those organisations which are directly and
essentially related to religion or belief, a difference
in
treatment based on a person’s religion or belief shall not
constitute discrimination where, by reason of the nature of
these activities or the context in which they are carried out,
a person’s religion or belief constitute a genuine occupational
requirement. This difference of treatment may not, however,
give rise to any discrimination on the other grounds referred to
in Article 13 of the EC Treaty.

27.2.2001

EN

Official Journal of the European Communities

C 62 E/159

INITIAL PROPOSAL

AMENDED PROPOSAL

Justification of differences of treatment on grounds of age

Article 5

Unchanged

the following differences of
Notwithstanding Article 2(2)(a),
treatment,
in particular, shall not constitute direct discrimi-
nation on grounds of age, if they are objectively and reasonably
justified by a legitimate aim and are appropriate and necessary.
to the achievement of that aim:

Notwithstanding Article 2(2)(a), differences of
treatment on
grounds of age shall not constitute direct discrimination if
they are objectively and reasonably justified by a legitimate
aim,
including legitimate employment policy and labour
market, and the means to achieve it are appropriate and
necessary.

These differences may include:

(a) the prohibition on access to employment or the provision
of special working conditions to ensure the protection of
young people and older workers;

Unchanged

(b) the prohibition on access to employment or the provision
of special working conditions to ensure the protection of
young people and older workers;

(b) the fixing of a minimum age as a condition of eligibility for
retirement or invalidity benefits under occupational social
security schemes, including the fixing of different ages for
workers or groups or categories of worker under occupa-
tional social security schemes on grounds of physical or
mental occupational requirements;

(c) the fixing of different ages for employees or groups or
categories of employees for entitlement to retirement or
invalidity benefits on grounds of physical or mental occu-
pational requirements;

(c) the fixing of a maximum age for recruitment which is
in
reasonable period of

based on the
question or
the need for
employment before retirement;

training requirements of

the post

a

(d) the fixing of a maximum age for recruitment which is
in
reasonable period of

based on the
question or
the need for
employment before retirement;

training requirements of

the post

a

Deleted

(e) the establishment of requirements concerning the length of

professional experience;

(f)

the establishment of age limits which are appropriate and
legitimate labour market
necessary for
objectives.

the pursuit of

Article 6

Positive action

Unchanged

This Directive shall be without prejudice to the right of the
Member States to maintain or adopt measures intended to
prevent or compensate for disadvantages concerning persons
to whom any of the discriminatory grounds referred to in
Article 1 apply.

In order to ensure full equality in practice, the principle of
treatment shall not prevent any Member State from
equal
maintaining or
adopting specific measures designed to
prevent or compensate for disadvantages linked to any of the
discriminatory grounds referred to in Article 1.

C 62 E/160

EN

Official Journal of the European Communities

27.2.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

Article 7

Unchanged

Minimum requirements

1. Member States may introduce or maintain provisions
which are more favourable to the protection of the principle
of equal treatment than those laid down in this Directive.

The implementation of

2.
this Directive shall under no
circumstances constitute grounds for a reduction in the level
of protection against discrimination already afforded by
Member States in the fields covered by this Directive.

CHAPTER II

REMEDIES AND ENFORCEMENT

Article 8

Defence of rights

1. Member States shall ensure that judicial and/or adminis-
trative procedures for the enforcement of obligations under this
Directive are available to all persons who consider themselves
wronged by failure to apply the principle of equal treatment to
them, even after the employment relationship has ended.

2. Member States shall ensure that associations, organi-
sations or other legal entities may pursue any judicial and/or
administrative procedure provided for the enforcement of obli-
gations under this Directive on behalf of the complainant with
his or her approval.

including, where

1. Member States shall ensure that judicial and/or adminis-
trative procedures for the enforcement of obligations under this
Directive,
appropriate,
conciliation procedures, are available to all persons who
consider themselves wronged by failure to apply the principle
the employment
of equal
relationship has ended.

to them, even after

treatment

deem it

they

2. Member States shall ensure that associations, organi-
sations or other legal entities, which have,
in accordance
with the criteria laid down by their national law, a legitimate
interest in ensuring that the provisions of this Directive are
complied with, may engage, either on behalf or in support of
in any judicial
the complainant, with his or her approval,
and/or administrative procedure provided for the enforcement
of obligations under this Directive.

3.
Paragraphs 1 and 2 shall be without prejudice to national
rules relating to time-limits for bringing actions as regards the
principle of equal treatment.

Article 9

Burden of proof

Unchanged

1. Member States shall take such measures as are necessary,
in accordance with their national
judicial systems, to ensure
that, when persons who consider themselves wronged because
the principle of equal treatment has not been applied to them
establish, before a court or other competent authority, facts
from which it may be presumed that there has been direct
it shall be for the respondent to
or indirect discrimination,
prove that
the principle of
equal treatment.

there has been no breach of

27.2.2001

EN

Official Journal of the European Communities

C 62 E/161

INITIAL PROPOSAL

AMENDED PROPOSAL

2.
Paragraph 1 shall not prevent Member States from intro-
ducing rules of evidence which are more favourable to
plaintiffs.

Paragraph 1 shall not apply to criminal procedures,

3.
unless otherwise provided by the Member States.

Paragraphs 1, 2 and 3 shall

4.
proceedings commenced in accordance with Article 8(2).

apply to any legal

Article 10

Victimisation

Member States shall introduce into their national legal systems
such measures as are necessary to protect employees against
dismissal or other adverse treatment by the employer as a
reaction to a complaint within the undertaking or to any
legal proceedings aimed at enforcing compliance with the
principle of equal treatment.

Article 11

Dissemination of information

1. Member States shall ensure that adequate information on
the provisions adopted pursuant to this Directive is provided to
vocational training and educational bodies and is adequately
disseminated within the workplace.

shall ensure that

the provisions adopted
Member States
pursuant to this Directive, together with the relevant provisions
already in force, are brought to the attention of the persons
concerned by all appropriate means,
for example in the
workplace, and throughout their territory.

2. Member States shall ensure that competent public auth-
orities are informed by appropriate means as regards all
national measures taken pursuant to this Directive.

Deleted

Article 12

Social dialogue

Unchanged

1. Member States shall take adequate measures to promote
the social dialogue between the two sides of industry with a
view to fostering equal treatment, through the monitoring of
workplace practices, collective agreements, codes of conduct,
research or exchange of experiences and good practices.

1.
In accordance with their national traditions and practices,
Member States shall take adequate measures to promote the
social dialogue between the two sides of industry with a view
to fostering equal
through the monitoring of
workplace practices, collective agreements, codes of conduct,
research or exchange of experiences and good practices.

treatment,

2. Member States shall encourage the two sides of industry
to conclude, at the appropriate level, including at undertaking
level, agreements laying down anti-discrimination rules in the
fields referred to in Article 3 which fall within the scope of
collective bargaining. These agreements
this
Directive and the relevant national implementing measures.

respect

shall

2. Member States shall encourage the two sides of industry,
without prejudice to their autonomy, to conclude, at the appro-
priate level, including at undertaking level, agreements laying
down anti-discrimination rules in the fields referred to in
Article 3 which fall within the scope of collective bargaining.
These agreements shall respect this Directive and the relevant
national implementing measures.

C 62 E/162

EN

Official Journal of the European Communities

27.2.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

Article 13

Dialogue with non-governmental organisations

shall encourage dialogue with appropriate
Member States
in accordance
non-governmental organisations which have,
with their national
law and practice, a legitimate interest in
contributing to the fight against discrimination on any of the
grounds referred to in Article 1 with a view to promoting the
principle of equal treatment.

CHAPTER III

FINAL PROVISIONS

Unchanged

Article 14

Compliance

Member States shall take the necessary measures to ensure that:

a) any laws, regulations and administrative provisions contrary

to the principle of equal treatment are abolished;

b) any provisions contrary to the principle of equal treatment
which are included in collective agreements, contracts of
rules
employment,
governing the independent occupations and professions
and workers’ and employers’ organisations, are declared
null and void or are amended.

rules of undertakings or

internal

b) any provisions contrary to the principle of equal treatment
which are included in individual or collective contracts or
rules
agreements,
governing the independent occupations and professions
and workers’ and employers’ organisations, are or may be
declared null and void or amended.

rules of undertakings or

internal

Article 15

Penalties

Unchanged

Member States shall lay down the rules on penalties applicable
to infringements of the national provisions adopted pursuant to
this Directive and shall take all measures necessary to ensure
that they are implemented. The penalties provided for must be
effective, proportionate and dissuasive. The Member States shall
notify those provisions to the Commission by the date specified
in Article 16 at the latest and shall notify it without delay of
any subsequent amendment affecting them.

Member States shall lay down the rules on penalties applicable
to infringements of the national provisions adopted pursuant to
this Directive and shall take all measures necessary to ensure
that they are implemented. The penalties provided for, which
may include payment of compensation to the victim, must be
effective, proportionate and dissuasive. The Member States shall
notify those provisions to the Commission by the date specified
in Article 16 at the latest and shall notify it without delay of
any subsequent amendment affecting them.

27.2.2001

EN

Official Journal of the European Communities

C 62 E/163

INITIAL PROPOSAL

AMENDED PROPOSAL

Article 16

Implementation

Unchanged

Member States shall adopt the laws, regulations and adminis-
trative provisions necessary to comply with this Directive by
31 December 2002 They
forthwith inform the
Commission thereof.

shall

Member States shall adopt the laws, regulations and adminis-
trative provisions necessary to comply with this Directive by
31 December 2002, or may entrust the social partners, at their
this Directive as
joint request, with the implementation of
regards the provisions falling under the scope of collective
agreements.
In such cases, Member States shall ensure that
no later than the date on which the Directive should be
introduced the necessary
transposed,
measures by agreement, the Member States concerned being
required to take any necessary measure to eanable them at any
time to be in a position to guarantee the results imposed by
this Directive. They shall forthwith inform the Commission
thereof.

social partners

the

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of
their official publication.
Member States shall determine how such reference is to be
made.

Unchanged

Article 17

Report

Member States shall communicate to the Commission, within
two years of
the
information necessary to draw up a report to the European
Parliament and the Council on the application of this Directive.

the date mentioned in Article 16, all

1. Member States shall communicate to the Commission,
within two years of the date mentioned in Article 16, and
every five years thereafter, all the information necessary for
the Commission to draw up a report
to the European
Parliament and the Council on the application of this Directive.

shall

report

take account of

The Commission’s

the
2.
viewpoints of
the social partners and relevant non-govern-
mental organisations. In accordance with the principle of inte-
gration of equal-opportunities policy, this report shall,
inter
alia, evaluate the impact of measures on men and women. In
the light of the information received, this report shall include,
if necessary, proposals to revise and update this Directive.

Article 18

Entry into force

Unchanged

This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

Article 19

Addressees

This Directive is addressed to the Member States.