Common Position (EC) No 6/2006 of  10 March 2006  adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)
Date: 2006-03-10
Institutions: Council of the European Union
Subjects: EU employment policy, European social policy, equal pay, equal treatment, female work, gender equality, labour law, labour relations, self-employed person, sexual discrimination

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COMMON POSITION (EC) No 6/2006

adopted by the Council on 10 March 2006

with a view to adopting Directive 2006/…/EC of the European Parliament and of the Council of …
on the implementation of the principle of equal opportunities and equal treatment of men and
women in matters of employment and occupation (recast)

(2006/C 126 E/03)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

(2)

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

Having regard to the proposal from the Commission,

Equality between men and women is a fundamental
principle of Community law under Article 2 and Article
3(2) of the Treaty and the case-law of the Court of
Justice. Those Treaty provisions proclaim equality
between men and women as a ‘task’ and an ‘aim’ of the
Community and impose
a positive obligation to
promote it in all its activities.

Having regard to the opinion of the European Economic and
Social Committee (1),

(3)

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (2),

The Court of Justice has held that the scope of the prin-
ciple of equal treatment for men and women cannot be
confined to the prohibition of discrimination based on
the fact that a person is of one or other sex. In view of
its purpose and the nature of the rights which it seeks to
safeguard it also applies to discrimination arising from
the gender reassignment of a person.

Whereas:

(1)

Council Directive 76/207/EEC of 9 February 1976 on
the implementation of the principle of equal treatment
for men and women as regards access to employment,
vocational training and promotion, and working condi-
tions (3) and Council Directive 86/378/EEC of 24 July
1986 on the implementation of the principle of equal
treatment for men and women in occupational social
security schemes (4) have been significantly amended (5).
Council Directive 75/117/EEC of 10 February 1975 on
the approximation of the laws of the Member States
relating to the application of the principle of equal pay
for men and women (6) and Council Directive 97/80/EC
of 15 December 1997 on the burden of proof in cases
of discrimination based on sex (7) also contain provisions
which have as their purpose the implementation of the
principle of equal treatment between men and women.
Now that new amendments are being made to the said
Directives, it is desirable, for reasons of clarity that the
provisions in question should be recast by bringing
together in a single text the main provisions existing in
this field as well as certain developments arising out of
the case-law of the Court of Justice of the European
Communities (hereinafter referred to as the Court of
Justice).

(1) OJ C 157, 28.6.2005, p. 83.
(2) Opinion of

the European Parliament of 6 July 2005 (not yet
published in the Official Journal), Council Common Position of 10
March 2006 and Position of the European Parliament of … (not yet
published in the Official Journal).

(3) OJ L 39, 14.2.1976, p. 40. Directive as amended by Directive
2002/73/EC of the European Parliament and of the Council (OJ L
269, 5.10.2002, p. 15).

(4) OJ L 225, 12.8.1986, p. 40. Directive as amended by Directive

96/97/EC (OJ L 46, 17.2.1997, p. 20).

(5) See Annex I Part A.
(6) OJ L 45, 19.2.1975, p. 19.
(7) OJ L 14, 20.1.1998, p. 6. Directive as amended by Directive

98/52/EC (OJ L 205, 22.7.1998, p. 66).

(4)

(5)

(6)

(7)

Article 141(3) of the Treaty now provides a specific
legal basis for the adoption of Community measures to
ensure the application of the principle of equal opportu-
nities and equal treatment in matters of employment
and occupation, including the principle of equal pay for
equal work or work of equal value.

Articles 21 and 23 of the Charter of Fundamental Rights
of the European Union also prohibit any discrimination
on grounds of sex and enshrine the right to equal treat-
ment between men and women in all areas, including
employment, work and pay.

Harassment and sexual harassment are contrary to the
principle of equal treatment between men and women
and constitute discrimination on grounds of sex for the
purposes of this Directive. These forms of discrimination
occur not only in the workplace, but also in the context
of access
training and
promotion. They should therefore be prohibited and
should be subject to effective, proportionate and dissua-
sive penalties.

to employment, vocational

training should be

In this context, employers and those responsible for
encouraged to take
vocational
forms of discrimination on
measures to combat all
grounds of sex and,
in particular, to take preventive
measures against harassment and sexual harassment in
the workplace and in access to employment, vocational
training and promotion, in accordance with national law
and practice.

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The principle of equal pay for equal work or work of
equal value as laid down by Article 141 of the Treaty
and consistently upheld in the case-law of the Court of
Justice constitutes an important aspect of the principle
of equal treatment between men and women and an
essential and indispensable part of the acquis communau-
taire, including the case-law of the Court concerning sex
discrimination.
therefore appropriate to make
is
further provision for its implementation.

It

Cases C-7/93 (2) and C-351/00 (3), that condition will be
satisfied if the pension scheme concerns a particular
category of workers and its benefits are directly related
to the period of service and calculated by reference to
the public servant's final salary. For reasons of clarity, it
is therefore appropriate to make specific provision to
that effect.

in order

to assess whether workers

the Court of
In accordance with settled case-law of
are
Justice,
performing the same work or work of equal value,
it
should be determined whether, having regard to a range
of factors including the nature of the work and training
and working conditions, those workers may be consid-
ered to be in a comparable situation.

Justice has established that,

in certain
The Court of
circumstances, the principle of equal pay is not limited
to situations in which men and women work for the
same employer.

The Member States, in collaboration with the social part-
ners, should continue to address the problem of the
continuing gender-based wage differentials and marked
gender segregation on the labour market by means such
as flexible working time arrangements which enable
both men and women to combine family and work
commitments more successfully. This could also include
appropriate parental leave arrangements which could be
taken up by either parent as well as the provision of
accessible and affordable child-care facilities and care for
dependent persons.

Specific measures should be adopted to ensure the
implementation of the principle of equal treatment in
occupational social security schemes and to define its
scope more clearly.

(15)

(16)

(17)

Justice has confirmed that whilst

The Court of
the
contributions of male and female workers to a defined-
benefit pension scheme are covered by Article 141 of
the Treaty, any inequality in employers' contributions
paid under funded defined-benefit schemes which is due
to the use of actuarial factors differing according to sex
is not to be assessed in the light of that same provision.

By way of example, in the case of funded defined-benefit
schemes, certain elements, such as conversion into a
capital sum of part of a periodic pension, transfer of
pension rights, a reversionary pension payable to a
in return for the surrender of part of a
dependant
pension or a reduced pension where the worker opts to
take earlier
retirement, may be unequal where the
inequality of the amounts results from the effects of the
use of actuarial factors differing according to sex at the
time when the scheme's funding is implemented.

It is well established that benefits payable under occupa-
tional social security schemes are not to be considered
as remuneration insofar as they are attributable to
periods of employment prior to 17 May 1990, except in
the case of workers or those claiming under them who
initiated legal proceedings or brought an equivalent
claim under the applicable national law before that date.
It is therefore necessary to limit the implementation of
the principle of equal treatment accordingly.

(8)

(9)

(10)

(11)

(12)

(13)

In its judgment of 17 May 1990 in Case 262/88 (1), the
Court of Justice determined that all forms of occupa-
tional pension constitute an element of pay within the
meaning of Article 141 of the Treaty.

(18)

it

(14) Although the concept of pay within the meaning of
Article 141 of the Treaty does not encompass social
security benefits,
is now clearly established that a
pension scheme for public servants falls within the
the benefits
scope of
payable under the scheme are paid to the worker by
reason of his/her employment relationship with the
public employer, notwithstanding the fact
that such
scheme forms part of a general
statutory scheme.
According to the judgments of the Court of Justice in

the principle of equal pay if

(1) 262/88: Barber v. Guardian Royal Exchange Assurance Group (1990

ECR I-1889).

The Court of Justice has consistently held that the Barber
Protocol (4) does not affect the right to join an occupa-
tional pension scheme and that the limitation of the
effects in time of the judgment in Case 262/88 does not
apply to the right
to join an occupational pension
scheme. The Court of Justice also ruled that the national
rules relating to time limits for bringing actions under
law may be relied on against workers who
national
assert
to join an occupational pension
scheme, provided that they are not less favourable for
that type of action than for similar actions of a domestic
nature and that they do not render the exercise of rights
conferred by Community law impossible in practice. The

right

their

(2) C-7/93: Bestuur van het Algemeen Burgerlijk Pensioenfonds v. G. A.

Beune (1994 ECR I-4471).

(3) C-351/00: Pirkko Niemi (2002 ECR I-7007).
(4) Protocol (17) concerning Article 141 of the Treaty establishing the

European Community (1992).

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Court of Justice has also pointed out that the fact that a
worker can claim retroactively to join an occupational
pension scheme does not allow the worker to avoid
relating to the period of
paying the contributions
membership concerned.

Ensuring equal access to employment and the vocational
training leading thereto is fundamental to the application
of the principle of equal treatment of men and women
in matters of employment and occupation. Any excep-
tion to this principle should therefore be limited to
the
those occupational
employment of a person of a particular sex by reason of
their nature or the context in which they are carried out,
provided that
is legitimate and
complies with the principle of proportionality.

activities which necessitate

the objective sought

This Directive does not prejudice freedom of association,
including the right to establish unions with others and
to join unions to defend one's interests. Measures within
the meaning of Article 141(4) of the Treaty may include
membership or the continuation of the activity of orga-
nisations or unions whose main objective is the promo-
tion,
in practice, of the principle of equal treatment
between men and women.

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 one sex. Such
measures permit organisations of persons of one sex
where their main object is the promotion of the special
needs of those persons and the promotion of equality
between men and women.

In accordance with Article 141(4) of the Treaty, with a
view to ensuring full equality in practice between men
and women in working life, the principle of equal treat-
ment does not prevent Member States from maintaining
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 compen-
sate for disadvantages in professional careers. Given the
current situation and bearing in mind Declaration No 28
to the Amsterdam Treaty, Member States should, in the
first instance, aim at improving the situation of women
in working life.

It is clear from the case-law of the Court of Justice that
unfavourable treatment of a woman related to pregnancy
or maternity
constitutes direct discrimination on
grounds of sex. Such treatment should therefore be
expressly covered by this Directive.

The Court of
Justice has consistently recognised the
legitimacy, as regards the principle of equal treatment, of
protecting a woman's biological condition during preg-
nancy and maternity and of
introducing maternity
protection measures as a means to achieve substantive
equality. This Directive should therefore be without

(19)

(20)

(21)

(22)

(23)

(24)

prejudice to 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 preg-
nant workers and workers who have recently given birth
or are breastfeeding (1). This Directive should further be
without prejudice to Council Directive 96/34/EC of 3
June 1996 on the framework agreement on parental
leave concluded by UNICE, CEEP and the ETUC (2).

(25)

(26)

(27)

For reasons of clarity,
it is also appropriate to make
express provision for the protection of the employment
rights of women on maternity leave and in particular
their right to return to the same or an equivalent post,
to suffer no detriment in their terms and conditions as a
result of taking such leave and to benefit
from any
in working conditions to which they
improvement
would have been entitled during their absence.

In the Resolution of the Council and of the Ministers for
Employment and Social Policy, meeting within the
Council, of 29 June 2000 on the balanced participation
of women and men in family and working life (3),
Member States were encouraged to consider examining
the scope for their respective legal systems to grant
working men an individual and non-transferable right to
paternity leave, while maintaining their rights relating to
employment.

Similar considerations apply to the granting by Member
States to men and women of an individual and non-
transferable right to leave subsequent to the adoption of
a child. It is for the Member States to determine whether
or not to grant such a right to paternity and/or adoption
leave and also to determine any conditions, other than
dismissal and return to work, which are outside the
scope of this Directive.

(28)

The effective implementation of the principle of equal
treatment requires appropriate procedures to be put in
place by the Member States.

(29)

(30)

The provision of adequate judicial or administrative
the obligations
the enforcement of
procedures
imposed by this Directive is essential to the effective
implementation of the principle of equal treatment.

for

The adoption of rules on the burden of proof plays a
significant role in ensuring that the principle of equal
treatment can be effectively enforced. As the Court of
Justice has held, provision should therefore be made to
ensure that the burden of proof shifts to the respondent
when there is a prima facie case of discrimination,
except in relation to proceedings in which it is for the
court or other competent national body to investigate

(1) OJ L 348, 28.11.1992, p. 1.
(2) OJ L 145, 19.6.1996, p. 4. Directive as amended by Directive

97/75/EC (OJ L 10, 16.1.1998, p. 24).

(3) OJ C 218, 31.7.2000, p. 5.

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It

the facts.
is however necessary to clarify that
the appreciation of the facts from which it may be
presumed that there has been direct or indirect discrimi-
nation remains a matter for the relevant national body
in accordance with national law or practice. Further, it is
for the Member States to introduce, at any appropriate
stage of the proceedings, rules of evidence which are
more favourable to plaintiffs.

(31) With a view to further improving the level of protection
offered by this Directive, associations, organisations and
other legal entities should also be empowered to engage
in proceedings, as the Member States so determine,
either on behalf or in support of a complainant, without
prejudice to national rules of procedure concerning
representation and defence.

(32) Having regard to the fundamental nature of the right to
effective legal protection, it is appropriate to ensure that
workers continue to enjoy such protection even after the
relationship giving rise to an alleged breach of the prin-
ciple of equal
treatment has ended. An employee
defending or giving evidence on behalf of a person
protected under this Directive should be entitled to the
same protection.

(33)

It has been clearly established by the Court of Justice
that in order to be effective, the principle of equal treat-
ment implies that the compensation awarded for any
breach must be adequate in relation to the damage
sustained.
is therefore appropriate to exclude the
fixing of any prior upper limit for such compensation,
except where the employer can prove that
the only
damage suffered by an applicant as a result of discrimi-
nation within the meaning of this Directive was the
refusal to take his/her job application into consideration.

It

(34)

In order to enhance the effective implementation of the
principle of equal
treatment, Member States should
promote dialogue between the social partners and,
within the framework of national practice, with non-
governmental organisations.

(35) Member States should provide for effective, propor-
tionate and dissuasive penalties in case of breaches of
the obligations under this Directive.

(36)

Since the objectives of this Directive cannot be suffi-
ciently achieved by the Member States and can therefore
be better achieved at Community level, the Community
may adopt measures in accordance with the principle of
subsidiarity as set out in Article 5 of the Treaty.
In
accordance with the principle of proportionality, as set
out in that Article, this Directive does not go beyond
what is necessary in order to achieve those objectives.

(38)

(39)

(40)

(41)

Equal
treatment of men and women in matters of
employment and occupation cannot be restricted to
legislative measures. Instead, the European Union and
the Member States should continue to promote the
raising of public awareness of wage discrimination and
the changing of public attitudes,
involving all parties
concerned at public and private level to the greatest
possible extent. The dialogue between the social partners
could play an important role in this process.

The obligation to transpose this Directive into national
law should be confined to those provisions which repre-
sent a substantive change as compared with the earlier
Directives. The obligation to transpose the provisions
which are substantially unchanged arises under
the
earlier Directives.

This Directive should be without prejudice to the obliga-
tions of the Member States relating to the time limits for
transposition into national
law and application of the
Directives set out in Annex I, Part B.

In accordance with paragraph 34 of the Interinstitutional
agreement on better law-making (1), Member States are
encouraged to draw up,
for themselves and in the
interest of the Community, their own tables, which will,
as far as possible, illustrate the correlation between this
Directive and the transposition measures and to make
them public,

HAVE ADOPTED THIS DIRECTIVE:

TITLE I

GENERAL PROVISIONS

Article 1

Purpose

The purpose of this Directive is to ensure the implementation
of the principle of equal opportunities and equal treatment of
men and women in matters of employment and occupation.

To that end, it contains provisions to implement the principle
of equal treatment in relation to:

(a) access to employment, including promotion, and to voca-

tional training;

(b) working conditions, including pay;

(c) occupational social security schemes.

(37)

For the sake of a better understanding of the different
treatment of men and women in matters of employment
and occupation, comparable statistics disaggregated by
sex should continue to be developed, analysed and made
available at the appropriate levels.

It also contains provisions to ensure that such implementation
is made more effective by the establishment of appropriate
procedures.

(1) OJ C 321, 31.12.2003, p. 1.

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Article 2

Definitions

For the purposes of this Directive, the following defini-

1.
tions shall apply:

Article 3

Positive action

Member States may maintain or adopt measures within the
meaning of Article 141(4) of
the Treaty with a view to
ensuring full equality in practice between men and women in
working life.

(a) ‘direct discrimination’: where one person is treated less
favourably on grounds of sex than another is, has been or
would be treated in a comparable situation;

TITLE II

SPECIFIC PROVISIONS

(b) ‘indirect discrimination’: where an apparently neutral provi-
sion, criterion or practice would put 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 aim, and the means of
achieving that aim are appropriate and necessary;

(c) ‘harassment’: where unwanted conduct related to the sex of
a person occurs with the purpose or effect of violating the
dignity of a person, and of creating an intimidating, hostile,
degrading, humiliating or offensive environment;

(d) ‘sexual harassment’: where any form of unwanted verbal,
non-verbal or physical conduct of a sexual nature occurs,
with the purpose or effect of violating the dignity of a
person, in particular when creating an intimidating, hostile,
degrading, humiliating or offensive environment;

(e) ‘pay’: the ordinary basic or minimum wage or salary and
any other consideration, whether in cash or in kind, which
the worker receives directly or indirectly, in respect of his/
her employment from his/her employer;

(f) ‘occupational

social

security

schemes’:

schemes not
governed by Council Directive 79/7/EEC of 19 December
1978 on the progressive implementation of the principle of
equal treatment for men and women in matters of social
security (1) whose purpose is to provide workers, whether
employees or self-employed, in an undertaking or group of
undertakings, area of economic activity, occupational sector
or group of sectors with benefits intended to supplement
the benefits provided by statutory social security schemes
or to replace them, whether membership of such schemes
is compulsory or optional.

2.
For
includes:

the purposes of

this Directive, discrimination

(a) harassment and sexual harassment, as well as any less
favourable treatment based on a person's rejection of or
submission to such conduct;

(b) instruction to discriminate against persons on grounds of

sex;

(c) any less favourable treatment of a woman related to preg-
nancy or maternity leave within the meaning of Directive
92/85/EEC.

(1) OJ L 6, 10.1.1979, p. 24.

Chapter 1

Equal pay

Article 4

Prohibition of discrimination

For the same work or for work to which equal value is attrib-
uted, direct and indirect discrimination on grounds of sex with
regard to all aspects and conditions of remuneration shall be
eliminated.

In particular, where a job classification system is used for deter-
mining pay, it shall be based on the same criteria for both men
and women and so drawn up as to exclude any discrimination
on grounds of sex.

Chapter 2

Equal treatment in occupational social security schemes

Article 5

Prohibition of discrimination

Without prejudice to Article 4, there shall be no direct or
indirect discrimination on grounds of sex in occupational social
security schemes, in particular as regards:

(a) the scope of such schemes and the conditions of access to

them;

(b) the obligation to contribute and the calculation of contribu-

tions;

(c) the calculation of benefits, including supplementary benefits
due in respect of a spouse or dependants, and the condi-
tions governing the duration and retention of entitlement
to benefits.

Article 6

Personal scope

This Chapter shall apply to members of the working popula-
tion, including self-employed persons, persons whose activity is
interrupted by illness, maternity, accident or involuntary unem-
ployment and persons seeking employment and to retired and
disabled workers, and to those claiming under them, in accord-
ance with national law and/or practice.

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Article 7

Material scope

1.

This Chapter applies to:

(a) occupational social security schemes which provide protec-

tion against the following risks:

(i) sickness,

(ii) invalidity,

(iii) old age, including early retirement,

(iv) industrial accidents and occupational diseases,

(v) unemployment;

(b) occupational social security schemes which provide for
other social benefits, in cash or in kind, and in particular
survivors' benefits and family allowances, if such benefits
constitute a consideration paid by the employer to the
worker by reason of the latter's employment.

This Chapter also applies to pension schemes for a par-
2.
ticular category of worker such as that of public servants if the
benefits payable under the scheme are paid by reason of the
employment relationship with the public employer. The fact
that such a scheme forms part of a general statutory scheme
shall be without prejudice in that respect.

Article 8

Exclusions from material scope

1.

This Chapter does not apply to:

(a) individual contracts for self-employed persons;

(b) single-member schemes for self-employed persons;

(c) insurance contracts to which the employer is not a party,

in the case of workers;

(d) optional provisions of occupational social security schemes
offered to participants individually to guarantee them:

(i) either additional benefits,

(ii) or a choice of date on which the normal benefits for
self-employed persons will start, or a choice between
several benefits;

(e) occupational social security schemes in so far as benefits
are financed by contributions paid by workers on a volun-
tary basis.

2.
This Chapter does not preclude an employer granting to
persons who have already reached the retirement age for the
purposes of granting a pension by virtue of an occupational
social security scheme, but who have not yet reached the retire-
ment age for the purposes of granting a statutory retirement

pension, a pension supplement, the aim of which is to make
equal or more nearly equal the overall amount of benefit paid
to these persons in relation to the amount paid to persons of
the other sex in the same situation who have already reached
the statutory retirement age, until the persons benefiting from
the supplement reach the statutory retirement age.

Article 9

Examples of discrimination

1.
Provisions contrary to the principle of equal treatment
shall include those based on sex, either directly or indirectly,
for:

(a) determining the persons who may participate in an occupa-

tional social security scheme;

(b) fixing the compulsory or optional nature of participation in

an occupational social security scheme;

(c) laying down different rules as regards the age of entry into
the scheme or the minimum period of employment or
membership of the scheme required to obtain the benefits
thereof;

(d) laying down different rules, except as provided for in
points (h) and (j), for the reimbursement of contributions
when a worker leaves a scheme without having fulfilled the
conditions guaranteeing a deferred right to long-term bene-
fits;

(e) setting different conditions for the granting of benefits or
restricting such benefits to workers of one or other of the
sexes;

(f) fixing different retirement ages;

(g) suspending the retention or acquisition of rights during
periods of maternity leave or leave for family reasons
which are granted by law or agreement and are paid by the
employer;

(h) setting different levels of benefit, except in so far as may be
necessary to take account of actuarial calculation factors
which differ according to sex in the case of defined-contri-
bution schemes;
funded defined-benefit
schemes, certain elements may be unequal where the
inequality of the amounts results from the effects of the use
of actuarial factors differing according to sex at the time
when the scheme's funding is implemented;

in the case of

(i) setting different levels for workers' contributions;

(j) setting different levels for employers' contributions, except:

(i) in the case of defined-contribution schemes if the aim
is to equalise the amount of the final benefits or to
make them more nearly equal for both sexes,

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(ii) in the case of funded defined-benefit schemes where
the employer's contributions are intended to ensure the
adequacy of the funds necessary to cover the cost of
the benefits defined;

(c) the application of Article 9(1)(i) in relation to the use of
actuarial calculation factors, until 1 January 1999 or for
Member States whose accession took place after that date
until the date that Directive 86/378/EEC became applicable
in their territory.

(k) laying down different standards or standards applicable
only to workers of a specified sex, except as provided for in
points (h) and (j), as regards the guarantee or retention of
entitlement to deferred benefits when a worker leaves a
scheme.

2. Where the granting of benefits within the scope of this
Chapter is left to the discretion of the scheme's management
bodies, the latter shall comply with the principle of equal treat-
ment.

Article 10

Implementation as regards self-employed persons

1. Member States shall take the necessary steps to ensure
that the provisions of occupational social security schemes for
self-employed persons contrary to the principle of equal treat-
ment are revised with effect
the
latest or for Member States whose accession took place after
that date, at the date that Directive 86/378/EEC became applic-
able in their territory.

from 1 January 1993 at

2.
This Chapter shall not preclude rights and obligations
relating to a period of membership of an occupational social
security scheme for self-employed persons prior to revision of
that scheme from remaining subject to the provisions of the
scheme in force during that period.

Article 11

Possibility of deferral as regards self-employed persons

regards occupational

self-
social
As
employed persons, Member States may defer compulsory appli-
cation of the principle of equal treatment with regard to:

security schemes

for

Article 12

Retroactive effect

1.
Any measure implementing this Chapter, as regards
workers, shall cover all benefits under occupational social
security schemes derived from periods of employment subse-
quent to 17 May 1990 and shall apply retroactively to that
date, without prejudice to workers or those claiming under
them who have, before that date, initiated legal proceedings or
raised an equivalent claim under national law. In that event, the
implementation measures shall apply retroactively to 8 April
1976 and shall cover all the benefits derived from periods of
employment after that date. For Member States which acceded
to the Community after 8 April 1976, and before 17 May
that date shall be replaced by the date on which
1990,
Article 141 of the Treaty became applicable in their territory.

The second sentence of paragraph 1 shall not prevent
2.
national rules relating to time limits for bringing actions under
national
law from being relied on against workers or those
claiming under them who initiated legal proceedings or raised
an equivalent claim under national law before 17 May 1990,
provided that they are not less favourable for that type of
action than for similar actions of a domestic nature and that
they do not render the exercise of rights conferred by Com-
munity law impossible in practice.

3.
For Member States whose accession took place after 17
May 1990 and who were on 1 January 1994 Contracting
Parties to the Agreement on the European Economic Area, the
date of 17 May 1990 in the first sentence of paragraph 1 shall
be replaced by 1 January 1994.

For other Member States whose accession took place after
4.
17 May 1990, the date of 17 May 1990 in paragraphs 1 and 2
shall be replaced by the date on which Article 141 of the
Treaty became applicable in their territory.

(a) determination of pensionable age for the granting of old-
age or retirement pensions, and the possible implications
for other benefits:

(i) either until the date on which such equality is achieved

Article 13

in statutory schemes,

(ii) or, at the latest, until such equality is prescribed by a

Flexible pensionable age

directive;

(b) survivors' pensions until Community law establishes the
in statutory social security

treatment

principle of equal
schemes in that regard;

Where men and women may claim a flexible pensionable age
under the same conditions, this shall not be deemed to be
incompatible with this Chapter.

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Chapter 3

Equal treatment as regards access to employment, vocational training and
promotion and working conditions

return to their jobs or to equivalent posts on terms and condi-
tions which are no less favourable to them, and to benefit from
any improvement in working conditions to which they would
have been entitled during their absence.

Article 14

Prohibition of discrimination

TITLE III

HORIZONTAL PROVISIONS

1.
There shall be no direct or indirect discrimination on
grounds of sex in the public or private sectors, including public
bodies, in relation to:

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

(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,
as well as pay as provided for in Article 141 of the Treaty;

(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.

2. Member States may provide, as regards access to employ-
ment including the training leading thereto, that a difference of
treatment which is based on a characteristic related to sex shall
not constitute discrimination where, by reason of the nature of
the
the particular occupational activities concerned or of
context in which they are carried out, such a characteristic
constitutes a genuine and determining occupational require-
ment, provided that its objective is legitimate and the require-
ment is proportionate.

Article 15

Return from maternity leave

A woman on maternity leave shall be entitled, after the end of
her period of maternity leave, to return to her job or to an
equivalent post on terms and conditions which are no less
favourable to her and to benefit from any improvement in
working conditions to which she would have been entitled
during her absence.

Article 16

Paternity and adoption leave

This Directive is without prejudice to the right of Member
States to recognise distinct rights to paternity and/or adoption
leave. Those Member States which recognise such rights shall
take the necessary measures to protect working men and
women against dismissal due to exercising those rights and
ensure that, at the end of such leave, they shall be entitled to

Chapter 1

Remedies and enforcement

SECTION 1

REMEDIES

Article 17

Defence of rights

1. Member States shall ensure that, after possible recourse to
other competent authorities including where they deem it
appropriate conciliation procedures, judicial 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
relationship in which the discrimination is alleged to have
occurred has ended.

2. Member States shall ensure that associations, organisa-
tions 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
the
complainant, with his/her approval,
in any judicial and/or
administrative procedure provided for the enforcement of obli-
gations under this Directive.

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

Article 18

Compensation or reparation

Member States shall introduce into their national legal systems
such measures as are necessary to ensure real and effective
compensation or reparation as the Member States so determine
for the loss and damage sustained by a person injured as a
result of discrimination on grounds of sex, in a way which is
dissuasive and proportionate to the damage suffered. Such
compensation or reparation may not be restricted by the fixing
of a prior upper limit, except in cases where the employer can
prove that the only damage suffered by an applicant as a result
of discrimination within the meaning of this Directive is the
refusal to take his/her job application into consideration.

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SECTION 2

BURDEN OF PROOF

Article 19

Burden of proof

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 or
indirect discrimination, it shall be for the respondent to prove
that there has been no breach of the principle of equal treat-
ment.

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

3. Member States need not apply paragraph 1 to proceed-
ings in which it is for the court or competent body to investi-
gate the facts of the case.

4.

Paragraphs 1, 2 and 3 shall also apply to:

(a) the situations covered by Article 141 of the Treaty and,
insofar as discrimination based on sex is concerned, by
Directives 92/85/EEC and 96/34/EC;

(b) any civil or administrative procedure concerning the public
or private sector which provides for means of redress under
national
law pursuant to the measures referred to in (a)
with the exception of out-of-court procedures of a volun-
tary nature or provided for in national law.

This Article shall not apply to criminal procedures, unless

5.
otherwise provided by the Member States.

Chapter 2

Promotion of equal treatment — Dialogue

Article 20

Equality bodies

1. Member States shall designate and make the necessary
arrangements for a body or bodies for the promotion, analysis,
monitoring and support of equal
treatment of all persons
without discrimination on grounds of sex. These bodies may
form part of agencies with responsibility at national level for
the defence of human rights or the safeguard of individuals'
rights.

2. Member States shall ensure that the competences of these
bodies include:

(a) without prejudice to the right of victims and of associa-
tions, organisations or other legal entities referred to in
Article 17(2), providing independent assistance to victims
of discrimination in pursuing their complaints about discri-
mination;

(b) conducting independent surveys concerning discrimination;

(c) publishing independent reports and making recommenda-

tions on any issue relating to such discrimination;

(d) at the appropriate level exchanging available information
with corresponding European bodies such as any future
European Institute for Gender Equality.

Article 21

Social dialogue

1. Member States shall, in accordance with national tradi-
tions and practice, take adequate measures to promote social
dialogue between the social partners with a view to fostering
for example, through the moni-
equal treatment,
toring of practices in the workplace, in access to employment,
vocational training and promotion, as well as through the
monitoring of collective agreements, codes of conduct, research
or exchange of experience and good practice.

including,

2. Where consistent with national traditions and practice,
Member States shall encourage the social partners, without
prejudice to their autonomy, to promote equality between men
and women, and flexible working arrangements, with the aim
of facilitating the reconciliation of work and private life, and to
conclude, at the appropriate level, agreements laying down
anti-discrimination rules in the fields referred to in Article 1
which fall within the scope of collective bargaining. These
agreements shall respect the provisions of this Directive and
the relevant national implementing measures.

in accordance with national

3. Member States shall,
law,
collective agreements or practice, encourage employers to
promote equal treatment for men and women in a planned and
systematic way in the workplace,
in access to employment,
vocational training and promotion.

4.
To this end, employers shall be encouraged to provide at
appropriate regular intervals employees and/or their representa-
tives with appropriate information on equal treatment for men
and women in the undertaking.

Such information may include an overview of the proportions
of men and women at different levels of the organisation; their
pay and pay differentials; and possible measures to improve the
situation in cooperation with employees' representatives.

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Article 22

Article 26

Dialogue with non-governmental organisations

Prevention of discrimination

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

Member States shall encourage,
in accordance with national
law, collective agreements or practice, employers and those
responsible for access to vocational training to take effective
measures to prevent all forms of discrimination on grounds of
sex,
in particular harassment and sexual harassment in the
workplace, in access to employment, vocational training and
promotion.

Chapter 3

General horizontal provisions

Article 23

Compliance

Member States shall take all necessary measures to ensure that:

(a) any

laws,

and
contrary to the principle of equal treatment are abolished;

administrative provisions

regulations

(b) provisions contrary to the principle of equal treatment in
individual or collective contracts or agreements,
internal
rules of undertakings or rules governing the independent
occupations and professions and workers' and employers'
organisations or any other arrangements shall be, or may
be, declared null and void or are amended;

(c) occupational social security schemes containing such provi-
sions may not be approved or extended by administrative
measures.

Article 24

Victimisation

Member States shall introduce into their national legal systems
such measures as are necessary to protect employees, including
those who are employees' representatives provided for by
national
laws and/or practices, 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 25

Penalties

Article 27

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.

2.
Implementation of this Directive shall under no circum-
stances be sufficient grounds for a reduction in the level of
protection of workers in the areas to which it applies, without
prejudice to the Member States' right to respond to changes in
the situation by introducing laws, regulations and administra-
tive provisions which differ from those in force on the notifica-
tion of this Directive, provided that
the provisions of this
Directive are complied with.

Article 28

Relationship to Community and national provisions

1.
This Directive shall be without prejudice to provisions
concerning the protection of women, particularly as regards
pregnancy and maternity.

This Directive shall be without prejudice to the provisions

2.
of Directive 96/34/EC and Directive 92/85/EEC.

Article 29

Gender mainstreaming

Member States shall actively take into account the objective of
equality between men and women when formulating and
implementing laws, regulations, administrative provisions, poli-
cies and activities in the areas referred to in this Directive.

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 applied. The penalties, which may
comprise the payment of compensation to the victim, must be
effective, proportionate and dissuasive. The Member States shall
notify those provisions to the Commission by 5 October 2005
at the latest and shall notify it without delay of any subsequent
amendment affecting them.

Article 30

Dissemination of information

Member States shall ensure that measures taken pursuant to
this Directive, together with the provisions already in force, are
brought to the attention of all the persons concerned by all
suitable means and, where appropriate, at the workplace.

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TITLE IV

FINAL PROVISIONS

Article 31

Reports

1.
By … (*), the Member States shall communicate to the
Commission 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.

2. Without prejudice to paragraph 1, Member States shall
communicate to the Commission, every four years, the texts of
any measures adopted pursuant to Article 141(4) of the Treaty,
as well as reports on these measures and their implementation.
On the basis of that information, the Commission will adopt
and publish every four years a report establishing a compara-
tive assessment of any measures in the light of Declaration No
28 annexed to the Final Act of the Treaty of Amsterdam.

3. Member States shall assess the occupational activities
referred to in Article 14(2), in order to decide, in the light of
social developments, whether there is justification for main-
taining the
exclusions concerned. They shall notify the
Commission of the results of this assessment periodically, but
at least every 8 years.

Article 32

Review

By … (**) at the latest, the Commission shall review the opera-
tion of this Directive and if appropriate, propose any amend-
ments it deems necessary.

Article 33

Implementation

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Direc-
tive by … (***) at the latest or shall ensure, by that date, that
management and labour introduce the requisite provisions by
way of agreement. Member States may,
if necessary to take
account of particular difficulties, have up to one additional year
to comply with this Directive. Member States shall take all
necessary steps to be able to guarantee the results imposed by
this Directive. They shall
forthwith communicate to the
Commission the texts of those measures.

When Member States adopt these measures, they shall contain
a reference to this Directive or be accompanied by such refer-
ence on the occasion of their official publication. They shall
also include a statement that references in existing laws, regula-
tions and administrative provisions to the Directives repealed
by this Directive shall be construed as references to this Direc-
tive. Member States shall determine how such reference is to be
made and how that statement is to be formulated.

The obligation to transpose this Directive into national
law
shall be confined to those provisions which represent a
substantive change as compared with the earlier Directives. The
obligation to transpose the provisions which are substantially
unchanged arises under the earlier Directives.

Member States shall communicate to the Commission the text
of the main provisions of national law which they adopt in the
field covered by this Directive.

Article 34

Repeal

from … (****) Directives 75/117/EEC,
1. With effect
76/207/EEC, 86/378/EEC and 97/80/EC shall be repealed
without prejudice to the obligations of
the Member States
relating to the time-limits for transposition into national law
and application of the Directives set out in Annex I, Part B.

2.
References made to the repealed Directives shall be
construed as being made to this Directive and should be read
in accordance with the correlation table in Annex II.

Article 35

Entry into force

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

Article 36

Addressees

This Directive is addressed to the Member States.

Done at Brussels, …

For the European Parliament

The President

…

For the Council

The President

…

(*) Four and a half years after the date of entry into force of this Direc-

tive.

(**) Six and a half years after the date of entry into force of this Direc-

tive.

(***) Two years after the date of entry into force of this Directive.

(****) Three years after the date of entry into force of this Directive.

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ANNEX I

PART A

Repealed Directives with their successive amendments

Council Directive 75/117/EEC

OJ L 45, 19.2.1975, p. 19

Council Directive 76/207/EEC

OJ L 39, 14.2.1976, p. 40

Directive 2002/73/EC of the European Parliament and of
the Council

OJ L 269, 5.10.2002, p. 15

Council Directive 86/378/EEC

OJ L 225, 12.8.1986, p. 40

Directive 96/97/EC

OJ L 46, 17.2.1997, p. 20

Council Directive 97/80/EC

OJ L 14, 20.1.1998, p. 6

Directive 98/52/EC

OJ L 205, 22.7.1998, p. 66

PART B

List of time limits for transposition into national law and application dates

(referred to in Article 34(1))

Directive

Time-limit for transposition

Date of application

Directive 75/117/EEC

19.2.1976

Directive 76/207/EEC

14.8.1978

Directive 86/378/EEC

1.1.1993

Directive 96/97/EC

1.7.1997

Directive 97/80/EC

1.1.2001

Directive 98/52/EC

22.7.2001

Directive 2002/73/EC

5.10.2005

17.5.1990 in relation to workers, except for those workers
or those claiming under them who had before that date
initiated legal proceedings or raised an equivalent claim
under national law.

Article 8 of Directive 86/378/EEC — 1.1.1993 at
latest.

the

Article 6(1)(i),
1.1.1999 at the latest.

first

indent of Directive 86/378/EEC –

As regards the United Kingdom of Great Britain and
Northern Ireland 22.7.2001

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ANNEX II

CORRELATION TABLE

Directive 75/117

Directive 76/207

Directive 86/378

Directive 97/80

This Directive

Article 1(1)

Article 1

Article 1

Article 1

–

–

–

–

–

–

–

–

–

Article 1

–

–

–

–

–

–

–

–

–

–

–

–

Article 1(2)

Article 2(2), first
indent

Article 2(2), second
indent

Article 2(2), third and
fourth indents

–

–

Article 2(3) and (4)
and Article 2(7) third
subparagraph

Article 2(8)

–

–

–

–

–

–

–

–

–

–

–

–

–

–

–

–

–

Article 2(1)

–

–

–

Article 5(1)

Article 3

Article 4

–

Article 2(2)

Article 2(3)

Article 6

Article 8

Article 9

(Article 2 of Directive
96/97/EC)

Article 9a

–

–

–

Article 2(1), (a)

Article 2(2)

Article 2(1), (b)

–

–

–

–

–

–

–

–

–

–

–

–

–

–

–

–

–

Article 2(1), (c) and (d)

Article 2(1), (e)

Article 2(1), (f)

Article 2(2)

Article 3

Article 4

Article 5

Article 6

Article 7(1)

Article 7(2)

Article 8(1)

Article 8(2)

Article 9

Article 10

Article 11

Article 12

Article 13

Articles 2(1) and 3(1)

–

Article 2(1)

Article 14(1)

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Directive 75/117

Directive 76/207

Directive 86/378

Directive 97/80

This Directive

–

–

–

Article 2(6)

Article 2(7), second
subparagraph

Article 2(7), fourth
subparagraph, second
and third sentence

–

–

–

Article 2

Article 6(1)

Article 10

–

Article 6(3)

–

–

–

–

–

–

Article 6(4)

Article 6(2)

–

Article 8a

Article 8b

Article 8c

Articles 3 and 6

Article 3 (2)(a)

–

–

–

–

–

–

–

–

Article 4

Article 3(2)(b)

Article 7(a)

–

–

Article 7(b)

Article 5

Article 7

Article 11

Article 6

–

–

–

–

–

–

Article 8d

Article 2(5)

Article 8e(1)

Article 8e(2)

–

–

–

–

–

–

–

–

–

–

–

–

–

Article 14(2)

Article 15

Article 16

Article 17(1)

Article 17(2)

Article 17(3)

Article 18

Articles 3 and 4

Article 19

–

–

–

–

–

–

–

–

–

–

Article 20

Article 21

Article 22

Article 23(a)

Article 23(b)

Article 23(c)

Article 24

–

Article 25

Article 26

Article 4 (2)

Article 27 (1)

Article 6

Article 27 (2)

Article 2(7) first sub-
paragraph

Article 5(2)

Article 2(7) fourth
subparagraph first
sentence

–

–

–

Article 28 (1)

Article 28 (2)

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Directive 75/117

Directive 76/207

Directive 86/378

Directive 97/80

This Directive

–

Article 7

Article 9

–

–

Article 8

–

–

–

–

–

Article 1(1a)

Article 8

Article 10

Article 9 (2)

–

Article 9(1), first sub-
paragraph and 9(2)
and (3)

Article 9(1), second
subparagraph

–

–

–

–

–

–

–

Article 5

Article 29

Article 30

Article 12(2)

Article 7, fourth sub-
paragraph

Article 31 (1) and (2)

–

–

Article 12(1)

–

–

–

–

Annex

–

–

Article 7, first, second
and third sub-
paragraphs

–

–

–

–

–

Article 31 (3)

Article 32

Article 33

–

Article 34

Article 35

Article 36

–

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

On 21 April 2004, the Commission submitted to the Council, on the basis of Article 141(3) of the
Treaty, a proposal for a Council Directive on the equal treatment of men and women in matters of
employment and occupation.

The European Parliament gave its Opinion on 6 July 2005 (first reading).

The Economic and Social Committee delivered its opinion 15 December 2004.

The Commission submitted an amended proposal on 26 August 2005.

The Council adopted a Common Position on 10 March 2006 in accordance with the procedure laid
down in Article 251 of the Treaty.

II. OBJECTIVE

The main objectives of this Directive, which incorporates seven existing Directives (1) relating to equal
opportunities and equal treatment into a single instrument, are to create more readable and accessible
Community legislation, to reduce legal uncertainty by incorporating relevant European Court of Justice
case law, and to increase clarity as regards the application of horizontal provisions in Directive
2002/73/EC.

III. ANALYSIS OF THE COMMON POSITION

1. General Observations

The Council Common Position has been established in accordance with the recast procedure, with
any textual modifications proposed by the Commission or inserted by the Council or Parliament
being clearly marked.

It should be noted that the Common Position was agreed on the basis of informal tripartite negotia-
tions, following a series of meetings between the Presidency in office (Luxembourg and the UK), the
rapporteur and shadow rapporteurs and the relevant representatives of
the Commission. On
8 December 2005, the EPSCO Council reached political agreement on this text and, as part of the
compromise agreement with the Parliament, both the Council and the Commission presented state-
ments for the Council minutes relating to parental leave (2).

2. The European Parliament's amendments

In its first reading on 6 July 2005, the European Parliament adopted 93 amendments.

2.1 European Parliament amendments accepted by the Council

In its common position, the Council took into account 74 amendments. Out of these, the
Council:

— accepted 37 amendments in full, as did the Commission in its amended proposal. These
were amendments 8, 9, 14, 15, 19, 22, 23, 27, 28, 34, 37-42, 45, 47, 50, 51, 52, 58, 59,
60, 62, 64, 66, 68, 74, 75, 78, 82, 85, 87, 91, 92 and 93.

(1) The Directives concerned are : 75/117/EEC (equal pay); 86/378/EEC, as amended by 96/97/EC (equal treatment in
occupational social security schemes); 76/207/EEC as amended by 2002/73/EC (equal treatment of men and women);
97/80/EC as amended by 98/52/EC (burden of proof).

(2) Document 14878/05

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— accepted 24 amendments in principle or in part, following the approach taken by the
Commission (Nos 2, 5, 6, 11, 17, 18, 20, 21, 24, 107, 31, 32, 35, 36, 108, 43, 48, 49, 56,
71, 72, 76, 80/81/102 and 83).

— reached a compromise with the Parliament on 13 other amendments (Nos 4, 101, 25, 26,

55, 88, 61, 67, 69/70, 73, 103, 89/104 and 105).

2.2 European Parliament's amendments not acceptable to the Council

The Council did not accept 14 amendments for the reasons explained by the Commission in its
amended proposal (Nos 1, 100, 3, 12, 13, 29, 30, 53, 54, 57, 36, 77, 84 and 86). The Council
also could not accept a further five amendments for technical or drafting reasons, as follows:

— in relation to amendment 107, the Council preferred to retain the standard recital used for

referring to correlation tables,

— the title for Article 3 in the Commission's original proposal (amendment 33) was redundant

as the Council had moved this text to Articles 6 and 28,

— the title for Article 20 in the Commission's original proposal (amendment 65) was redun-
dant as the Council had moved this text to Article 19(4) (burden of proof) for reasons of
coherence,

— in Article 25, the term ‘penalties’, rather than ‘sanctions’, has been used as this is the

correct legal term in English (amendment 79);

— although there was no difference in substance on amendment 106, the drafting of the

Council's text for Article 33(2a) (new) was considered to be clearer.

3. Other changes made by the Council

A number of other, mainly technical, changes were made by the Council in adopting its Common
Position. In brief, these relate to:

Title II, Chapter 1: the title was shortened to ‘Equal pay’ from ‘Principle of Equal Pay’.

Title II, Chapter 2: the title was similarly shortened to ‘Equal treatment in occupation social security
schemes’.

Article 6: the title of ‘Personal scope’ was inserted for this new article (which was omitted by the
Parliament in amendment 40).

Title II, Chapter 3: the title was similarly shortened to ‘Equal treatment as regards access to employ-
ment, vocational training and promotion and working conditions’.

Article 15(1) in the Commission's original proposal: the text was moved to Article 2(2)(c) (see Amend-
ment 31) but Parliament did not propose a corresponding amendment deleting the text from
Article 15(1).

Title III, Chapter 2: the title was shortened to ‘Promotion of equal treatment — dialogue’.

Title III, Chapter 3: Title IV (Implementation) was replaced by a Chapter 3 on ‘General horizontal
provisions’.

Recital 5 in the Commission's original proposal: was deleted as it was not considered to be strictly
necessary. (‘For reasons of coherence, it is necessary to provide a single definition of direct and
indirect discrimination’).

Recital 41: a standard recital relating to the correlation tables mentioned in Article 33 on Implemen-
tation was inserted. (‘In accordance with paragraph 34 of the Interinstitutional agreement on better
law-making (1), Member States are encouraged to draw up, for themselves and in the interest of the
community, their own tables, which will, as far as possible, illustrate the correlation between the
Directive and the transposition measures and to make them public.’).

(1) OJ C 321, 31.12.2003, p.1.

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Official Journal of the European Union

30.5.2006

It should also be noted that a number of other technical corrections were made to the final text in
the course of the normal legal/linguistic procedure between the two institutions. The main ones
relate to moving Article 3 to the horizontal provisions in Title 1, which was the intention of both
the Parliament the Council; aligning the date in Article 25 with the original transposition or notifi-
cation deadlines as in Articles 11 and 12; and aligning the deadline in Article 34 (Repeal) with the
transposition dates in Article 33.

IV. CONCLUSION

The Council considers that, as a whole, the Common Position is in line with the fundamental objectives
of the Commission's amended proposal. The Council also considers that, wherever possible within the
confines of the recast procedure, it has taken account of the principal objectives pursued by the Euro-
pean Parliament in its amendments to the original Commission proposal.