Amended proposal for a Directive of the European Parliament and of the Council amending Council 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 (presented by the Commission pursuant to Article 250 (2) of the EC-Treaty)
Date: 2001-06-06
Institutions: European Commission
Subjects: equal treatment, gender equality, job access, sexual discrimination, working conditions

25.9.2001

EN

Official Journal of the European Communities

C 270 E/9

Amended proposal for a Directive of the European Parliament and of the Council amending
Council 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 (1)

(2001/C 270 E/02)

(Text with EEA relevance)

COM(2001) 321 final (cid:151) 2000/0142(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 7 June 2001)

(1) OJ C 337 E, 28.11.2000, p. 204.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Unchanged

Having regard to the Treaty establishing the European
Community and, in particular, Article 141(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

(1) Article 3(2) of the Treaty imposes an obligation to aim to
eliminate inequalities, and to promote equality between
men and women.

(1) Equality for women and men is a fundamental principle,
the EC Treaty and the
under Articles 2 and 3(2) of
case-law of the Court of Justice. These Treaty provisions
proclaim equality between women and men as a (cid:145)task(cid:146)
and an (cid:145)aim(cid:146) of the Community and impose a positive
obligation to (cid:145)promote(cid:146) it in all its activities.

(2) The principle of equal

treatment between men and
women is a fundamental principle of Community law
as
in
referred to in Article 141 and in particular
paragraph 3, which addresses specifically sex discrimi-
nation related to employment and occupation.

(2) Article 141 of the Treaty, and in particular paragraph 3,
addresses
specifically (cid:145)equal opportunities and equal
treatment of men and women in matters of employment
and occupation.(cid:146)

(3) Directive 76/207/EEC does not define the concepts of
indirect discrimination. On the basis of
direct or
Article 13 of the Treaty, Council has adopted Directive
equal
2000/43/EC implementing
treatment between persons
racial or
ethnic origin and Council Directive 2000/78/EC estab-
lishing a general
in
employment and occupation which define direct and
indirect discrimination. Thus it is appropriate to insert
definitions consistent with these Directives in respect to
sex.

the principle of
irrespective of

framework for equal

treatment

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INITIAL PROPOSAL

AMENDED PROPOSAL

(3a) The appreciation of

for national

the facts from which it may be
inferred that there has been direct or indirect discrimi-
judicial or other
nation is a matter
in accordance with the rules of
competent bodies,
national
in
particular, for indirect discrimination to be established
by any means,
including on the basis of statistical
evidence.

law or practice. Such rules may provide,

(3)

In its Resolution of 29 May 1990 on the protection of
the dignity of women and men at work (1), the Council
affirmed that sexual harassment in the workplace may in
certain circumstances, be contrary to the principle of
of Council Directive
equal within
76/207/EEC (2). A statement
to that effect should be
included in the Directive
sexual harassment
itself,
usually affects the individual’s work performance and/or
creates an intimidating, hostile or offensive environment.

the meaning

(4)

In its Resolution of 29 May 1990 on the protection of
the dignity of women and men at work (1), the Council
affirmed that sexual harassment
in the workplace is
contrary to the principle of equality for men and
women within the meaning of Council Directive
76/207/EEC (2). To this end it must be emphasised that
sexual harassment occurs not only in the workplace, but
also in the context of access to employment and training,
during employment and occupation.

(4a) Measures

should therefore be taken obliging those
responsible under national
law for access to training,
employment or occupation, and the conditions relating
thereto,
sexual
harassment which may include a system of confidential
counsellors at the working place.

to introduce procedures

to prevent

(4) Directive 76/207/EEC does not define the concept of
indirect discrimination. It is thus appropriate to insert
such a definition consistent with that of Council
Directive 97/80/EC of 15 December 1997 (3) on the
burden of proof
in cases of discrimination based on
sex, as amended by Directive 98/52/EC (4).

Deleted

(5) The scope of

the occupation activities that Member
States seek to exclude from the scope of Directive
76/207/EEC should be restricted. The extent to which
some
excluded should be
specified in accordance with the case-law of the Court
of Justice of the European Communities.

activities may not be

(5) The scope of

from the

the occupation activities that Member
scope of Directive
States may exclude
restricted to those which
76/207/EEC should be
necessitate the employment of a person of one sex by
reason of
the particular occupational
activities concerned, provided that the objective sought
is legitimate, and subject
to the principle of propor-
tionality as laid down by the case law of the Court of
Justice.

the nature of

___________
(1) OJ C 157, 27.6.1990, p. 3.
(2) OJ L 39, 14.2.1976, p. 40.
(3) OJ L 14, 20.1.1998, p. 6.
(4) OJ L 205, 22.7.1998, p. 66.

___________
(1) OJ C 157, 27.6.1990, p. 3.
(2) OJ L 39, 14.2.1976, p. 40.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(6) The Court of

Justice has consistently recognised the
legitimacy, in terms of the principle of equal treatment,
of protecting a woman’s biological condition during and
after
pregnancy. Council Directive 92/85/EEC of
19 October 1992 on the introduction of measures to
encourage improvements in the safety and health at
work of pregnant workers and workers who have
recently given birth or are breastfeeding (1), aims to
ensure the protection of the physical and mental state
of women who are pregnant, women who have recently
given birth or women who are breastfeeding. The recitals
of that Directive provide that the protection of the safety
and health of pregnant workers, workers who have
recently given birth or workers who are breastfeeding
should not treat women who are on the labour market
unfavourably nor work to the detriment of Directives
concerning equal treatment for men and women. The
protection of employment rights of women, in particular
as regards their right to return to work falls within the
scope of Directive 76/207/EEC. That right should be
explicitly guaranteed to women who have recently
given birth.

(6) The Court of

aims

to ensure

are breastfeeding (1),

Justice has consistently recognised the
legitimacy, in terms of the principle of equal treatment,
of protecting a woman’s biological condition during and
after pregnancy. It has moreover consistently ruled that
any unfavourable
treatment of women related to
pregnancy or maternity constitutes direct sex discrimi-
nation. Council Directive 92/85/EEC of 19 October
1992 on the introduction of measures to encourage
improvements in the safety and health at work of
pregnant workers and workers who have recently given
birth or
the
protection of the physical and mental state of women
who are pregnant, women who have recently given birth
or women who are breastfeeding. The recitals of that
Directive provide that the protection of the safety and
health of pregnant workers, workers who have recently
given birth or workers who are breastfeeding should not
treat women who are on the labour market unfavourably
nor work to the detriment of Directives concerning
equality of treatment for men and women. The Court
of Justice has recognised the protection of employment
rights of women, in particular as regards their right to
return to the
same working
conditions, as well as to profit from any improvement
in working conditions to which they would be entitled
during their absence.

job, with the

same

(7) Reconciling family and working life has been recognised
and proclaimed by the Court of Justice (2). Moreover, by
its Resolution on the balanced participation of women
and men in family and working life (3), the Council has
confirmed this as a principle of Community law. It is
in Council Directive 96/34/EC on the
reflected
leave concluded by
framework agreement on parental
UNICE, CEEP and the ETUC (4).
It has also been
enshrined in the European Social Agenda as a funda-
mental objective. Directive 96/34/EC already recognises
a right to return to work for workers who have taken
parental
this Directive is without
prejudice to the right of any Member State that
recognises a distinct concept of paternity leave under
national law and/or practice to lay down national rules
for workers who have exercised rights to paternity leave.

furthermore,

leave;

Rights relating to the reconciling of family life and work
should not be considered as exceptions to the principle
of equality of treatment for women and men, but as a
condition and means for achieving substantive equality of
treatment.

___________
(1) OJ L 348, 28.11.1992, p. 1.

___________
(1) OJ L 348, 28.11.1992, p. 1.
(2) Case C-243/95 Hill (1998) ECR I-3739.
(3) OJ C 218, 31.7.2000, p. 5.
(4) Directive 96/34/EC of 3.6.1996 (OJ L 145, 19.6.1996).

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INITIAL PROPOSAL

AMENDED PROPOSAL

(7) The possibility for Member States to maintain or adopt
positive action measures is enshrined in Article 141(4) of
the Treaty. This Treaty provision makes the existing
Article 2(4) of Directive 76/207/EEC redundant.

(8) The possibility for Member States to maintain or adopt
positive action measures with a view to ensuring full
equality in practice for women and men in working
life is enshrined in Article 141(4) of the Treaty. This
Treaty provision makes the existing Article 2(4) of
Directive 76/207/EEC redundant.

The publication of periodical reports by the Commission
on the implementation of
the possibility offered by
Article 141(4) help Member States compare the way
implemented, and further
they will provide citizens
with to have a full picture of the situation existing in
each Member State.

Declaration No 28 annexed to the Treaty states that
positive measures should,
in the first instance, aim at
improving the situation of women in working life. The
publication of reports by the Commission every two
years on the implementation of the possibility offered
by Article 141(4) will contribute to the dissemination
of good practice. Such reports will help Member States
to realise the importance and necessity of such measures
and to compare the way these provisions are imple-
mented. Further they will provide citizens with a full
picture of the situation existing in each Member State.

(8) The Court of Justice has ruled that, having regard to the
to effective judicial
fundamental nature of
protection, employees enjoy such protection even after
the employment relationship has ended (1).

the right

has

the right

relationship

employment

(9) The Court of Justice has ruled that, having regard to the
to effective judicial
fundamental nature of
protection, employees enjoy such protection even after
the
The
protection afforded to them against retaliatory measures
of the employer is not limited to cases of dismissal, but
covers any other retaliatory measure (victimisation) even
when taken after
employment
relationship. Furthermore, anyone supporting in any
way (in judicial proceedings or on other occasions) a
person who considers her/himself a victim of discrimi-
nation should also enjoy the same protection.

ended (1).

end

the

the

of

(9) The Court of

in order to be
Justice has ruled that,
effective, the principle of equal treatment implies that,
whenever it is breached, the compensation awarded to
the employee discriminated against must be adequate in
relation to the damage sustained (2).

Deleted

(10) The principle of effective judicial protection and real and
effective penalties has been established by the Court of
Justice (2) in cases involving the application of Directive
76/207/EEC. Member States should thus take measures
which are sufficiently effective to achieve the aim of the
Directive and ensure that the rights thus conferred may be
effectively relied upon before the national courts (3).

___________
(1) Case C-185/97 Coote (1998) ECR I-5199.
(2) Case C-180/95 Draehmpaehl [1997] ECR I-2195.

___________
(1) Case C-185/97 Coote (1998) ECR I-5199.
(2) Case C-180/95 Draehmpaehl (1997) ECR I-2195.
(3) Case 222/84 Johnston (1986) ECR 1651.

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INITIAL PROPOSAL

AMENDED PROPOSAL

In fully embodying the Court of Justice case-law, the
most effective penalties under national
law should be
imposed in cases of discrimination. Adequate compen-
sation is one kind of sanction.

(11) Work related to equality of treatment for women and
men should be pursued in a planned and systematic
way, also at company level, where employers should be
encouraged to establish annual equality plans.

(10) To provide a more effective level of protection to
workers who are discriminated against on grounds of
sex. Associations, or
should also be
empowered to exercise the rights of defence on behalf
or protection of any person who considers himself or
herself wronged
equal
treatment has not been applied to them.

legal entities

principle

because

the

of

(12) Persons subject

adequate means of

to discrimination on grounds of sex,
should have
legal protection.
Associations, organisations or legal entities should also
be empowered to engage in judicial, administrative or
other proceedings on behalf or in support of individuals
or groups of persons who are victims of discrimination,
with their approval or consent.

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

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

(12) Member

States

effective,
proportionate
in case of
breaches of the obligations under Directive 76/207/EC.

should
and dissuasive

sanctions

provide

for

(14) Member

States

should
proportionate
and dissuasive
breaches of the obligations under this Directive.

sanctions

provide

for

effective,
in case of

(13)

In accordance with the principles of subsidiarity and
proportionality as set out in Article 5 of the Treaty,
the objectives of
the proposed action cannot be
sufficiently achieved by the Member States and can
therefore be better achieved by the Community. This
Directive confines itself
to the minimum required in
order
to achieve those objectives and does not go
beyond what is necessary for that purpose,

(15)

In accordance with the principles of subsidiarity and
proportionality as set out in Article 5 of
the Treaty,
the objectives of
the proposed action cannot be
sufficiently achieved by the Member States and can
therefore be better achieved by the Community. This
Directive confines itself
to the minimum required in
order
to achieve those objectives and does not go
beyond what is necessary for that purpose,

(14) Directive 76/207/EEC should therefore be amended

(16) Directive 76/207/EEC should therefore be amended

accordingly,

accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Unchanged

Article 1

Directive 76/207/EEC is hereby amended as follows:

1. In Article 1, paragraph 1 is modified as follows:

(cid:145)The purpose of this Directive is to put into effect in the
Member States the principle of equal opportunities and
equality of treatment men and women in employment,
including working
occupation and vocational
conditions
the
irrespective of
relationship under which a person is
employed or
occupied.(cid:146)

legal nature of

training,
the

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INITIAL PROPOSAL

AMENDED PROPOSAL

2. In Article 1, paragraph 2 is deleted.

1. In Article 1, the following paragraph 1a is inserted:

3. In Article 1, the following paragraph 1a is inserted:

The Member States shall introduce such measures
(cid:145)1a.
as are necessary to enable them to actively and visibly
promote the objective of equality between men and
laws,
women by its incorporation,
regulations,
and
activities in the areas referred to in paragraph 1(cid:146).

in particular,
provisions,

into all
policies

administrative

The Member States shall introduce such measures
(cid:145)1a.
as are necessary to eliminate inequalities and actively and
visibly promote the objective of equality between men and
laws,
women by its incorporation,
regulations,
and
activities in the areas referred to in paragraph 1(cid:146).

in particular,
provisions,

into all
policies

administrative

2. The following Article 1a is inserted:

4. The following Article 1a is inserted:

(cid:145)Article 1a

Sexual harassment shall be deemed to be discrimination on
the grounds of sex at the workplace when an unwanted
conduct related to sex takes place with the purposes or
effect of affecting the dignity of a person and/or creating
an
disturbing
offensive
in particular if a person’s rejection of, or
environment,
submission to, such conduct
is used as a basis for a
decision which affects that person.(cid:146)

intimidating,

hostile,

or

(cid:145)Article 1a

Definitions

For the purposes of this Directive, the following defi-

1.
nitions shall apply:

(cid:151) direct discrimination: the situation where a person is
treated less favourably than another is, has been or
would be treated in a similar situation, on grounds
of sex;

(cid:151) indirect

the

discrimination:

situation where

an
apparently neutral provision, criterion or practice
puts persons of one sex at a particular disadvantage
compared with persons of the other sex, unless that
provision, criterion or practice is objectively justified
by a legitimate and proportionate aim, and the means
of achieving that aim are appropriate and necessary;

(cid:151) harassment: the situation where an unwanted conduct
related to sex occurs on the occasion of access to or at
the place of employment, occupation or training with
the purpose or effect of violating the dignity of a
an intimidating, hostile,
person or of
degrading,
disturbing
or
offensive
environment;

creating
humiliating,

(cid:151) sexual harassment: the situation where any form of
verbal, non-verbal or physical conduct of a sexual
nature occurs, on the occasion of access to or at the
place of employment, occupation or training with the
purpose or effect of violating the dignity of a person or
of
degrading,
intimidating,
humiliating, offensive or disturbing environment(cid:146).

creating

hostile,

an

5. The following Article 1b shall be inserted:

(cid:145)Article 1b

(cid:147)Harassment(cid:148) or (cid:147)Sexual harassment(cid:148) within the meaning
of Article 1a shall be deemed to be discrimination on the
grounds of sex and therefore prohibited.

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INITIAL PROPOSAL

AMENDED PROPOSAL

shall

take measures obliging

those
Member
States
law for access to training,
responsible under national
the conditions relating
employment or occupation, or
thereto,
sexual
harassment, which may include a system of confidential
counsellors at the working place.(cid:146)

introduce measures

to prevent

to

6. The following Article 1c shall be inserted:

(cid:145)Article 1c

consisting of

Behaviour
instructions or
pressure to discriminate shall fall within the definitions
of direct and indirect discrimination.(cid:146)

incitement,

3. Article 2 is amended as follows:

7. Article 2 is amended as follows:

(a) In pararaph 1, the following subparagraph is added:

Deleted

(cid:145)Indirect discrimination, for the purposes of the first
subparagraph, shall exist where an apparently neutral
a
disadvantages
criterion or practice
provision,
substantially higher proportion of
the members of
one sex unless that provision, criterion or practice is
appropriate and necessary and can be justified by
objective factors unrelated to sex.(cid:146)

(a) Paragraph 2 is replaced by the following:

Unchanged

(cid:145)In the exceptional circumstance where a Member State
provides that a difference of treatment based on a char-
acteristic related to sex shall not constitute discrimi-
nation as regards access to employment, such char-
occupational
acteristic must
requirement.

constitute

genuine

2.
(cid:145)Any general exclusion of, or general restriction on
one sex having access to any kind of professional activity
or to the training required to gain access to such an
activity constitutes discrimination within the meaning of
In the exceptional circumstance where a
this Directive.
Member State provides that a difference of
treatment
based on a characteristic related to sex shall not constitute
discrimination as regards access to employment, such char-
acteristic must constitute a precise and definite occupa-
tional requirement, the object sought is to be legitimate,
and the requirement is proportionate.

Derogations to the principle of equal treatment shall
remain within the limits of what is appropriate and
necessary in order to achieve the aim in view.(cid:146)

Derogations to the principle of equality of treatment shall
remain within the limits of what
is appropriate and
necessary in order to achieve the objective in view.(cid:146)

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INITIAL PROPOSAL

AMENDED PROPOSAL

(b) In paragraph 3,

the following subparagraph 3a is

(b) In paragraph 3,

the following subparagraph 3a is

added:

added:

(cid:145)A woman who has given birth shall be entitled, after
the end of her period of maternity leave, post with no
change in her working conditions.(cid:146)

(cid:145)A woman who has given birth shall be entitled, after
the end of her period of maternity leave, or after
absence directly related to, or as a consequence of,
pregnancy and/or confinement, to return to her own
job or to an equivalent job under terms and conditions
which are not less favourable to her and to benefit
from any improvement
to
which she would be entitled during her absence.(cid:146)

in working conditions

(c) The following subparagraph 3b is added:

(c) The following subparagraph 3b is added:

(cid:145)Those Member States which recognise the right
to
paternity leave shall take the necessary measures to
protect working men against dismissal while exercising
that right, and ensure that, at the end of such leave,
they shall be entitled to return to their
jobs or
equivalent posts on terms and conditions which are
no less favourable to them.

Any unfavourable treatment of a woman related to
pregnancy or maternity, or of a man or a women
related to reconciling family and working life, shall
constitute direct discrimination.(cid:146)

(d) Paragraph 4 is replaced by the following:

(d) Paragraph 4 is replaced by the following:

On the basis of

(cid:145)4.
the information provided by
Member States pursuant to Article 9, the Commission
will adopt and publish every three years a report estab-
the positive
lishing a comparative assessment of
measures adopted by the Member States pursuant to
Article 141(4) of the Treaty.(cid:146)

shall

submit

reports

(cid:145)4. Member States
to the
Commission every two years on the positive actions
they adopt or maintain and on their implementation,
on the basis of which the Commission shall adopt and
publish a report every two years establishing a
comparative
the positive measures
which are in effect in each Member State pursuant to
the Treaty and in the light of
Article 141(4) of
Declaration No 28 annexed to the Treaty.(cid:146)

assessment of

8. The following Article 2a is inserted:

(cid:145)Article 2a

The Member States may adopt or retain provisions which
protect more effectively the principle of equality of
treatment for men and women than those contained in
the present Directive.

The implementation of this Directive may in no circum-
stances be used as a reason to lower the level of protection
against discrimination already provided by the Member
States in the areas governed by this Directive.(cid:146)

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INITIAL PROPOSAL

AMENDED PROPOSAL

9. Article 3, paragraph 1 shall be replaced by the following:

Application of the principle of equality of treatment
(cid:145)1.
for men and women means that there shall be no direct or
indirect discrimination the grounds of sex in the public or
private sectors, including public bodies, in relation to:

(a) conditions

to

or

for

access

self-
to
selection
employment
criteria and recruitment
the
branch of activity and at all levels of the professional
hierarchy, including promotion;

employment,
including
conditions, whatever

occupation,

(b) access to all

types and to all
training,

levels of vocational
advanced vocational
including practical work

guidance, vocational
training and retraining,
experience;

(c) employment

and working

conditions,

including

dismissals and pay;

(d) membership of, and involvement in, an organisation of
workers or employers, or any organisation whose
members carry on a particular profession,
including
the benefits provided for by such organisations.(cid:146)

10. In Article 3(2)

the introductory phrase is amended as

follows:

(cid:145)2.
To this end, and without prejudice to the provisions
of Article 141(4) of the Treaty, the Member States shall
take the measures necessary to ensure that:(cid:146)

11.

In Article 3(2), point (b) is replaced by the following:

(cid:145)(b) any provisions contrary to the principle of equality of
treatment for men and women which are included in
collective
employment,
internal rules of undertakings or in rules governing
the independent occupations and professions shall be
declared null and void.(cid:146)

contracts of

agreements,

4. In Article 3(2), the following point (d) is added:

12. In Article 3(2), the following point (d) is added:

(cid:145)(d) any provision contrary to the principle of equal
treatment concerning membership of and involvement
in an organisation of workers or employers, or any
organisation whose members carry on a particular
profession,
including the benefits provided for by
such organisations shall be declared null and void or
may be amended.(cid:146)

for men

and women

(cid:145)(d) any provision contrary to the principle of equality of
concerning
treatment
membership of and involvement in an organisation
of workers or employers, or any organisation whose
members carry on a particular profession,
including
the benefits provided for by such organisations shall
be declared null and void.(cid:146)

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INITIAL PROPOSAL

AMENDED PROPOSAL

13. Article 4(b) is replaced by the following:

(cid:145)(b) any provisions contrary to the principle of equality of
treatment for men and women which are included in
of
collective
employment,
in
rules governing the independent occupations and
professions shall be declared null and void.(cid:146)

rules of undertakings or

agreements,
internal

individual

contracts

14. Article 5(b) is replaced by the following:

(cid:145)(b) any provisions contrary to the principle of equality of
treatment for men and women which are included in
of
collective
in
employment,
rules governing the independent occupations and
professions shall be declared null and void.(cid:146)

rules of undertakings or

agreements,
internal

individual

contracts

5. Article 6 is replaced by the following:

15. Article 6 is replaced by the following:

(cid:145)Article 6

Unchanged

1. Member States shall
introduce into their national
legal systems such measures as are necessary to enable
all persons who consider themselves wronged by failure
to apply to them the principle of equal treatment within
the meaning of Articles 3, 4, and 5 to pursue their claims
by judicial process after possible
to other
competent
employment
after
authorities,
relationship has ended.

recourse
the

even

1. Member States shall
introduce into their national
legal systems such measures as are necessary to enable
all persons who consider themselves wronged by failure
to apply to them the principle of equality of treatment
for men and women within the meaning of Articles 3,
4, and 5 to pursue their claims by judicial process after
possible recourse to other competent authorities, even after
the employment relationship has ended.

2. Member States shall
introduce into their national
legal systems such measures as are necessary to ensure
that reparation for the loss and damage sustained by a
person injured as a result of discrimination contrary to
Articles 3, 4 or 5 may not be limited by an upper limit
fixed a priori or by excluding an award of
interest to
compensate for the loss sustained by the recipient of the
compensation as a result of the lapse of time until actual
payment of the capital sum awarded.(cid:146)

2. Member States shall
introduce into their national
legal systems such measures as are necessary to ensure
that reparation for the loss and damage sustained by a
person injured as a result of discrimination contrary to
Articles 3, 4 or 5 is real and effective, proportionate and
dissuasive and may not be limited by an upper limit fixed a
priori or by excluding an award of interest to compensate
for the loss sustained by the recipient of the compensation
as a result of the lapse of time until actual payment of the
capital sum awarded.(cid:146)

16. Article 7 is modified as follows:

(cid:145)Article 7

introduce into their national

legal
Member States shall
such measures as are necessary to protect
systems
persons covered by this Directive,
including employees
and trade union delegates, whether as victims or witnesses,
from dismissal or any other adverse treatment or adverse
consequence, including the taking of judicial action against
them, as a reaction to a complaint or to proceedings of
any kind, aimed at enforcing compliance with the principle
of equality of treatment for men and women.(cid:146)

25.9.2001

EN

Official Journal of the European Communities

C 270 E/19

INITIAL PROPOSAL

AMENDED PROPOSAL

6. The following Articles 8a, 8b and 8c are inserted:

17. The following Articles 8a, 8b and 8c are inserted:

(cid:145)Article 8a

Unchanged

1. Member States shall provide for an independent body
for the promotion of
treatment
between women and men. This body may form part of
independent, pre-existing agencies charged at national level
with, in particular, the safeguard of individuals’ rights.

the principle of equal

1. Member States shall provide for an independent body
for the implementation of
the principle of equality of
for women and men. This body may form
treatment
independent, pre-existing agencies charged at
part of
national
in particular, the safeguard of indi-
level with,
viduals’ rights. The powers of these bodies shall cover all
areas falling within the scope of this Directive, of Council
Directive 75/117/EEC, of Council Directive 79/7/EEC, of
Council Directive 86/378/EEC as amended by Directive
96/97/EC, of Council Directive 92/85/EC, of Council
Directive 96/34/EC as amended by Directive 97/75/EC,
and of Council Directive 97/80/EC as amended by
Directive 98/52/EC.

2. Member States shall ensure that the functions of the
independent bodies referred to in paragraph 1 include
receiving, and pursuing complaints, with approval from
the parties concerned, from individuals, of discrimination
on grounds of
surveys
and
concerning discrimination on grounds of
publishing reports on issues relating to discrimination
based on sex.

starting investigations or

sex,

sex

from the parties concerned,

2. Member States shall ensure that the functions of the
independent bodies referred to in paragraph 1 include
examining and pursuing complaints, with
receiving,
approval
from individuals,
groups of individuals and organisations of discrimination
surveys
on grounds of
concerning discrimination on grounds of
and
publishing reports on issues relating to discrimination
based on sex.

starting investigations or

sex,

sex

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

3. Member States shall ensure that associations, organi-
sations or other legal entities which have an interest in
are
ensuring that
this Directives
the provisions of
complied with: may engage either on behalf or
in
support of the complainant, with his or her approval, in
any judicial and/or administrative procedure provided for
the enforcement of obligation under this Directive.

Article 8b

Unchanged

shall

take adequate measures

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

C 270 E/20

EN

Official Journal of the European Communities

25.9.2001

INITIAL PROPOSAL

AMENDED PROPOSAL

2. Member States shall encourage the two sides of
to
industry without
laying
conclude agreements, at
down anti-discrimination rules in the field of equality of
treatment between women and men.

their
the appropriate level,

autonomy

prejudice

to

2(a) Member States shall encourage dialogue with those
non-governmental organisations which, in accordance with
national practices and law, have a legitimate interest in
promoting equality of opportunity.

Member States shall take all necessary measures to ensure
that employers promote equality for women and men at
the work place in a planned and systematic way, including
equal pay for equal work or work of equal value.

shall encourage
2(b)
To this effect, Member States
employers to prepare annual equality reports,
including
statistics on proportions of women and men at different
levels of the organisation. In case of discrepancies in these
respects, employers shall be encouraged to include in the
annual report measures to improve the situation.

Article 8c

Unchanged

to this Directive, and shall

Member States shall
lay down the rules or penalties
applicable to infringements of
the national provisions
take all
adopted pursuant
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 31 December 2001 at
the latest and shall notify it without delay of any
subsequent amendment affecting them.(cid:146)

to this Directive, and shall

lay down the rules or penalties
Member States shall
the national provisions
applicable to infringements of
take all
adopted pursuant
measures necessary to ensure that
they are effectively
implemented. The penalties provided for must be effective,
proportionate and dissuasive. The Member States shall
notify
by
those
the latest and shall notify it
31 December 2002 at
without delay of any subsequent amendment affecting
them.(cid:146)

Commission

provisions

the

to

Article 2

Unchanged

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 31 December 2001 at the latest or shall ensure,
by that date at
that management and labour
introduce the requisite provisions by way of agreement.

the latest,

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 31 December 2002 at the latest or shall ensure,
by that date at
that management and labour
introduce the requisite provisions by way of agreement.

the latest,

Member States shall take all necessary steps to enable them-
selves at all times to guarantee the results imposed by this
Directive. They shall
immediately inform the Commission
thereof.

Unchanged

25.9.2001

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Official Journal of the European Communities

C 270 E/21

INITIAL PROPOSAL

AMENDED PROPOSAL

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

States

The Member

the
communicate
shall
2.
the entry into force of
Commission, within three years of
this Directive,
the
all
Commission to draw up a report to the European Parliament
and the Council on the application of this Directive.

information necessary

the

for

to

3. Without prejudice to paragraph 2, Member States shall
communicate to the Commission, every three years, the texts
of laws, regulations and administrative provisions of positive
measures adopted pursuant to Article 141(4) of the Treaty.

3. Without prejudice to paragraph 2, Member States shall
communicate to the Commission, every two years, the texts of
laws,
regulations and administrative provisions of positive
measures adopted pursuant to Article 141(4) of the Treaty.

Article 3

Unchanged

This Directive is addressed to the Member States.