Proposal for a Council Directive implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC (text with EEA relevance)
Date: 2009-07-30
Institutions: European Commission
Subjects: EC Directive, EU Member State, European Commissioner, national implementing measure, parental leave, report

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.7.2009 
COM(2009) 410 final 

Proposal for a 

COUNCIL DIRECTIVE 

implementing the revised Framework Agreement on parental leave concluded by 
BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC 

(text with EEA relevance)  

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

Grounds for and objectives of this proposal 

leave, 

The  aim  of  the  proposal  is  to  give  legal  effect  to  the  revised  Framework  Agreement  on 
partners 
the  European 
parental 
(BUSINESSEUROPE,  UEAPME,  CEEP  and  ETUC)  on  18  June  2009.  It  replaces  their 
previous agreement of 14 December 1995. Directive 96/34/EC which gave legal effect to the 
first agreement will hence be repealed.  

cross-industry 

concluded 

social 

by 

The revised Agreement extends male and female workers’ individual right to parental leave 
from  three  months  to  four  months  and  introduces  several  improvements  and  clarifications 
relating to the exercise of that right. Workers will be protected against discrimination on the 
grounds of applying for or taking parental leave. The return to work after the leave period will 
be facilitated, in particular by granting the workers the right to request flexible working. The 
Agreement  and  this  proposal  will  contribute  to  better  reconciliation  of  work,  private  and 
family life and to promoting gender equality on the labour market. 

1.2. 

General context 

In  the  Roadmap  for  equality  between  women  and  men  2006-20101  adopted  in  March  2006, 
the Commission committed itself to reviewing existing European gender-equality legislation 
not  covered  by  the  2005  recasting  exercise,  with  a  view  to  updating,  modernising  and 
recasting it where necessary. The recasting exercise did not cover Directive 96/34/EC. 

In  December  20072  the  Council  called  on  the  Commission  to  evaluate  the  legal  framework 
supporting the reconciliation of work, family and private life, and any need for improvement.  

The European Parliament has consistently called for measures to improve the reconciliation of 
work,  private  and  family  life,  and  in  particular  for  improvements  to  current  legislation  on 
parental  leave.  In  its  Resolution  of  3  September  2008,3  Parliament  took  the  view  that  the 
Framework  Agreement  on  parental  leave  could  be  improved  by  providing  incentives  for 
fathers to take parental leave, improving the employment rights of workers who take parental 
leave,  making  the  leave  arrangements  more  flexible  and  increasing  the  duration  of  parental 
leave and pay during such leave. 

On  3  October  2008  the  Commission  presented  two  proposals  for  legislation  to  improve  the 
reconciliation  of  work,  family  and  private  life,  both  in  relation  to  maternity  leave4  and  the 

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COM(2006) 92. 
Council  Conclusions:  Balanced  roles  of  women  and  men  for  jobs,  growth  and  social  cohesion 
(SOC 385). 
European  Parliament  Resolution of  3  September  2008  on  equality  between  women  and  men  —  2008 
(2008/2047(INI)), point 28. 
Proposal for a Directive of the European Parliament and of the Council amending Directive 92/85/EEC 
on  the  introduction  of  measures  to  encourage  improvements  in  the  safety  and  health  of  pregnant 
workers and workers who have recently given birth or are breastfeeding (COM(2008) 637 final). 

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situation  of  self-employed  women  and  assisting  spouses5. This ‘reconciliation package’ was 
accompanied by a stocktaking report on the provision of childcare in the EU6 and by a policy 
Communication7 in which the Commission announced that it would take the necessary action, 
if the social  partners so requested, to give legal force to a new agreement on family-related 
leave in the form of a proposal for a directive. 

1.3. 

Existing provisions on issues relating to the proposal 

Directive  96/34/EC,  which  gives  legal  effect  to  the  social  partners’  Agreement  of 
14 December 1995, provides for an individual right to parental leave of at least three months 
for  male  and  female  workers  on  the  birth  or  adoption  of  a  child.  That  right  should,  in 
principle, be granted on a non-transferable basis; however, many Member States have allowed 
parental-leave  entitlements  to  be  transferred  from  one  parent  to  the  other,  which  in  practice 
has meant that mothers have taken longer parental leave than fathers.  

The  Directive  also  provides  for  the  protection  from  dismissal  of  workers  taking  parental 
leave,  for  a  right  to  return  to  the  same  or  an  equivalent  job  and  for  the  maintenance  of 
employment rights during parental leave. It lays down the conditions governing parental leave 
and the detailed rules for applying it which the Member States and/or the social partners may 
determine at national level. 

Lastly, the Directive provides for the right for workers to take time off work for urgent family 
reasons  in  the  event  of  sickness  or  accident  that  makes  the  worker’s  immediate  presence 
indispensable.  

1.4. 

Consistency with other policies and objectives of the Union 

The  aim  of  this  proposal  is  consistent  with  EU  policies  and  in  particular  with  the  Lisbon 
Strategy  for  Growth  and  Jobs.  Promoting  more  equal  sharing  of  family  responsibilities  by 
mothers and fathers by improving the conditions for taking parental leave will help bridge the 
gender  gap  in  employment  rates,  which  is  one  of  the  targets  of  the  Lisbon  Strategy.  It  also 
contributes to policies to tackle Europe’s demographic challenge.  

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

2.1. 

Consultation 

In accordance  with Article 138 EC, the Commission consulted the European social partners 
on  better  ways  of  reconciling  professional,  private  and  family  life.  The  first  stage  in  the 
consultation process8 was launched on 12 October 2006 on the need for further action at EU 
level. All the social partners who replied acknowledged the importance of reconciliation, and 

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Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  on  the  application  of  the 
principle  of  equal  treatment  between  men  and  women  engaged  in  an  activity  in  a  self-employed 
capacity and repealing Directive 86/613/EEC (COM(2008) 636 final). 
Report  ‘Implementation  of  the  Barcelona objectives  concerning  childcare  facilities  for pre-school-age 
children’ (COM(2008) 638 final; technical annex, SEC(2008) 2597). 
Commission Communication, A better work-life balance: stronger support for reconciling professional, 
private and family life, COM(2008) 635 final. 
SEC(2006) 1245. 

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the  majority  of  organisations  considered  that  further  action  was  needed.  However,  views 
differed on what needed to be done and at what level.  

In the second stage of the consultation process9 launched on 30 May 2007, the Commission 
looked  at  various  ways  to  improve  existing  maternity-protection  and  parental-leave 
legislation, and highlighted new types of family-related leave (paternity leave, adoption leave, 
and leave to care for family members). As regards parental leave, the Commission document 
identified  several  ways  to  improve  the  existing  Directive:  these  related  to  incentives  for 
fathers  to  take  parental  leave,  employment  rights  and  the  prohibition  of  discrimination,  the 
duration of parental leave, flexibility in taking leave, the age of the child and payment during 
parental leave.  

The  consultation  document  requested  the  social  partners  to:  (1)  forward  an  opinion  on  the 
objectives  and  content  of  the  proposals;  (2)  notify  the  Commission  if  they  intend  to  initiate 
negotiations,  in  accordance  with  Article  138(4)  and  Article  139  of  the  EC  Treaty;  and  (3) 
assess the provisions of the Framework Agreement on parental leave with a view to a review 
and report on progress by March 2008.  

By  joint  letter  of  11  July  2007,  ETUC,  BUSINESSEUROPE,  CEEP  and  UEAPME  replied 
that  they  intended  to  evaluate  parental-leave  arrangements  in  connection  with  other 
arrangements  supporting  parents  and  the  work-life  balance,  such  as  flexible  work 
arrangements and childcare, as well as other forms of leave, in order to assess whether joint 
action  was  needed.  A  progress  report  was  presented  at  the  Tripartite  Social  Summit  of  13 
March 2008, in which the European cross-industry social partners agreed to ‘undertake joint 
action  to  better  achieve  the  aims  of  the  Parental  Leave  Directive  as  part  of  wider  work  on 
reconciliation’. 

On  11  September  2008  the  social  partners  informed  the  Commission  that  they  would  open 
formal negotiations with a view to revising Council Directive 96/34/EC of 3 June 1996 on the 
framework agreement on parental leave concluded by UNICE, CEEP and the ETUC. Formal 
negotiations started on 17 September 2008 and concluded on 23 March 2009 after six months 
and  seven  rounds  of  negotiations.  On  18  June  2009 
the  Secretaries-General  of 
BUSINESSEUROPE, UEAPME, CEEP and ETUC signed the revised Framework Agreement 
on parental leave on behalf of their organisations and requested the Commission to submit the 
Agreement to the Council for a decision making it binding in all Member States. 

When  preparing  its  ‘reconciliation  package’,  the  Commission  also  consulted  the  Member 
States  and  European  NGOs  active  in  this  area  on  the  same  options  as  those  on  which  the 
social partners had been consulted.  

2.2. 

Collection and use of expertise 

To assess progress in implementing the Parental Leave Directive in the Member States more 
than  10  years  since  its  adoption  and  other  instruments  in  the  field  of  the  work,  family  and 
private life balance, the European social partners consulted their members at national level by 
a questionnaire sent in November 2007. The ad hoc working group on reconciliation set up to 
analyse the information obtained met twice, in January and February 2008. The March 2008 

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SEC(2007) 571. 

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progress  report  to  the  Tripartite  Social  Summit  outlines  the  social  partners’  analysis  and 
examines leave arrangements, work arrangements and care infrastructure.  

When preparing its ‘reconciliation package’, the Commission commissioned a study (finalised 
in June 2008) into the costs and benefits of reconciliation measures, which included several 
options  for  amending  the  existing  parental-leave  legislation.  The  Commission’s  network  of 
independent  legal  experts  on  gender  equality  delivered  a  report  in  2007  on  pregnancy, 
maternity, parental and paternity rights10 in the Member States.  

2.3. 

Impact assessment 

The  Commission  conducted  an  impact  assessment11  on  the  basis  of  the  legislative  options 
outlined  in  the  2007  second-stage  consultation  document  sent  to  the  social  partners.  That 
impact assessment, which accompanied the proposal on maternity leave, also considered the 
option of amending the parental-leave provisions. It gave a positive assessment of the option 
to  grant  an  additional  month  of  parental  leave,  in  the  hypothesis  that  parental  leave  would 
have to be remunerated at a rate of 66 % of the last salary and that the additional month would 
be granted only if both parents have taken at least one month beforehand.  

As this hypothesis was not retained by the social partners, the conclusion will differ. On the 
one  hand  the  direct  costs  may  be  lower  as  payment  is  not  made  compulsory.  On  the  other 
hand the benefits for working parents will also be less evident, as take-up of non-remunerated 
parental leave, in particular by fathers, cannot be expected to be as high.  

The Commission has not prepared a specific impact assessment on this proposal, as it is not 
required  to  do  so  when  it  proposes  to  give  legal  effect  to  a  social  partners’  agreement  in 
accordance with Article 139(2) EC. 

3. 

LEGAL ASPECTS OF THE PROPOSAL 

3.1. 

Legal basis 

The proposal is based on Article 139(2) EC.  

Article 139(2) EC  provides that agreements concluded  by the social  partners at Community 
level in matters covered by Article 137 EC are to be implemented ‘at the joint request of the 
signatory  parties,  by  a  Council  decision  on  a  proposal  from  the  Commission.’  It  goes  on  to 
say that ‘The Council shall act by qualified majority, except where the agreement in question 
contains one or more provisions relating to one of the areas for which unanimity is required 
pursuant to Article 137(2). In that case it shall act unanimously.’ 

The  agreement  concluded  by  BUSINESSEUROPE,  UEAPME,  CEEP  and  ETUC  aims  to 
improve  the  reconciliation  of  working,  family  and  private  life,  which  is  a  means  to  achieve 
‘equality between men and women with regard to labour market opportunities and treatment 
at work’, an area governed by Article 137 EC. This is one of the fields in which the Council 
can decide by qualified majority. Article 139(2) EC is hence the appropriate legal basis for the 
Commission proposal.  

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See http://ec.europa.eu/social/main.jsp?catId=641&langId=en&moreDocuments=yes. 
SEC(2008) 2526/2. 

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Article 139(2) EC does not provide for Parliament’s involvement in the legislative procedure. 
However, in line with previous commitments, the Commission will inform Parliament of its 
proposal so that it can, if it so desires, send an opinion to the Commission and the Council. 
The same applies to the European Economic and Social Committee. 

3.2. 

Analysis of the Agreement  

According  to  the  Commission  Communication12  laying  down  the  rules  for  implementing 
Article  139  EC  agreements,  ‘the  Commission  will  prepare  proposals  for  decisions  to  the 
Council  following  consideration  of  the  representative  status  of  the  contracting  parties,  their 
mandate  and  the  ‘legality’  of  each  clause  in  the  collective  agreement  in  relation  to 
Community law, and the provisions regarding small and medium-sized undertakings set out in 
Article [137(2)(b) EC Treaty].’ That ex-ante assessment is set out below. 

3.2.1.  Representativeness of the signatory parties and their mandate 

The social partners’ right to be consulted and to negotiate agreements to be implemented by a 
Council decision is based on their representativeness. In 1995 the Framework Agreement on 
parental  leave  was  signed  by  the  European  cross-industry  social  partners  ETUC,  CEEP  and 
UNICE (today called  ‘BUSINESSEUROPE’).  Studies commissioned  by the Commission in 
199913 and 200414 showed that their representativeness has not substantially changed and that 
their  membership  now  includes  the  main  cross-industry  social  partners  in  the  new  Member 
States.  

BUSINESSEUROPE  (Confederation  of  European  Business)  continues  to  be  the  most 
representative  employer  organisation  in  the  European  Union  with  members  in  all  Member 
States covering all sectors of industry and all categories of enterprises. In the vast majority of 
the Member States, the main national employers’ and industry confederations are affiliated to 
BUSINESSEUROPE. Its members have a direct or indirect role in collective bargaining.  

CEEP (European Centre of Employers and Enterprises providing Public Services) represents 
public-sector  enterprises  or  enterprises  of  general  interest  in  the  majority  of  Member  States 
and therefore boosts the representativeness of employers’, in particular in the public sector at 
local level and in sectors of general economic interest.  

ETUC  (European  Trade  Union  Confederation),  which  covers  the  most  representative  trade 
union confederations in all Member States, remains by far the largest European cross-industry 
trade  union  organisation.  Its  members  play  the  key  role  in  collective  bargaining  in  the 
Member States and represent all sectors of industry. The liaison committee Eurocadres/CEC 
was also represented in the negotiations as part of the ETUC delegation. Eurocadres (Council 
of European professional and managerial staff) and CEC (European Managers), the two EU 
cross-industry  organisations  representing  professional  and  managerial  personnel,  are  regular 
members  of  ETUC’s  delegation  in  the  European  social  dialogue,  and  therefore  boost  its 
representativeness. 

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Commission Communication concerning the application of the Agreement on social policy (COM(93) 
600 final of 14 December 1993).  
Report on the representativeness of European social partner organisations, Part 1, Institut des Sciences 
du Travail — Université Catholique de Louvain, September 1999. 
Monographs  of  the  situation  of  social  partners  in  the  acceding  and  candidate  countries,  intersectoral 
level, Institut des Sciences du Travail — Université Catholique de Louvain, March 2004. 

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The new Agreement has been negotiated and signed by the same signatories as in 1995, which 
are  the  three  recognised  general  cross-industry  organisations.  In  addition,  UEAPME 
(European Association of Craft, Small and Medium-sized Enterprises) also participated in the 
negotiations and signed the Agreement. UEAPME is recognised as a European cross-industry 
social  partner  organisation  representing  a  certain  category  of  undertakings.  It  is  the  main 
European  organisation  representing  the  interests  of  SMEs,  with  members  in  the  majority  of 
Member  States,  some  of  whom  are  active  in  collective  bargaining  at  national  level.  The 
organisation therefore boosts the representativeness of employers.  

The Commission notes that all four organisations had a specific mandate from their national 
members  for  the  negotiations  on  parental  leave  and  concluded  the  Agreement  on  behalf  of 
their  members.  All  four  approved  the  outcome  of  the  negotiations  in  accordance  with  their 
internal decision-making procedures. The conditions of representativeness are therefore met. 

3.2.2.  Legality of the clauses in the Agreement 

The Commission has scrutinised all the clauses in the Framework Agreement and has found 
none  to  contravene  Community  law.  The  Member  States’  obligations  stem  from  the 
arrangements for implementing the Agreement in accordance with the Directive, rather than 
directly from the Agreement itself.  

The substance of the Agreement falls within the scope of Article 137 EC and of that outlined 
in  the  Commission’s  second-stage  consultation  document.  It  introduces  several  adaptations 
while  maintaining  the  main  principles  in  the  current  Agreement.  It  lays  down  minimum 
requirements  and  allows  the  Member  States  to  introduce  or  maintain  more  favourable 
provisions  in  line  with  Article  137  EC.  The  Commission  therefore  considers  that  the 
Agreement meets the conditions of legality. 

3.2.3.  Provisions regarding small and medium-sized enterprises 

Under Article 137(2) EC, legislation in the social field must avoid imposing administrative, 
financial and legal constraints in a way which would hold back the creation and development 
of small and medium-sized undertakings.  

Like  its  predecessor,  the  Agreement  pays  special  attention  to  the  situation  of  SMEs. 
Clause 3(1)(d)  specifically  allows  for  ‘special  arrangements  to  meet  the  operational  and 
organisational  requirements  of  small  undertakings’.  Other  clauses  provide  for  flexible 
management  of  parental  leave,  allowing  account  to  be  taken  of  the  specific  needs  of 
employers in small businesses (see Clause 3(1)(a) and (c) and Clauses 3(2) and 6(1)) .  

No  clause  appears  to  impose  inappropriate  burdens  on  SMEs.  Furthermore,  UEAPME,  the 
organisation  representing  the  specific  interests  of  SMEs  at  EU  level  took  part  in  the 
negotiations and approved the Agreement.  

3.3. 

Subsidiarity and proportionality 

The aim of this proposal is to update the existing common minimum European standards on 
the granting of parental leave to workers with small children and their protection within the 
employment relationship, and thereby to create a level playing field in this crucial aspect of 
reconciling  work,  private  and  family  life.  This  can  only  be  achieved  by  a  Community-wide 
measure  and  not  by  the  Member  States  alone.  Both  the  European  social  partners  and  the 
Commission are convinced of the need for Community action in this area.  

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Nonetheless,  the  Agreement  sets  out  only  general  principles  governing  parental  leave  and 
leaves  the  decisions  on  the  rules  for  applying  those  principles  to  the  Member  States.  By 
including  frequent  references  to  the  discretionary  power  of  the  Member  States  and  the 
national social partners in a number of specific areas, the Agreement and the proposal avoid 
being  over-prescriptive  and  leave  considerable  room  for  the  provisions  to  be  adapted  to  the 
labour market of the Member State concerned. 

The  fact  that  the  substantive  provisions  of  the  proposal  (i.e.  those  most  concerned  by  the 
different  measures on  the  ground)  were drafted by the legitimate representatives of workers 
and employers rather than by the Commission is another guarantee of respect for the principle 
of subsidiarity.  

As  for  proportionality,  the  proposal  goes  no  further  than  necessary  to  ensure  that  the 
objectives  are  met.  It  sets  out  basic  minimum  standards  while  allowing  the  Member  States 
that wish to adopt more stringent requirements to do so.  

The  proposal,  which  is  taken  at  the  right  level  and  does  not  go  further  than  absolutely 
necessary  at  EU  level  to  achieve  the  objectives,  therefore  complies  with  the  principles  of 
subsidiarity and proportionality.  

3.4. 

Choice of instrument 

The proposal seeks to replace an existing Directive.  

The term ‘Council decision’ in Article 139(2) EC is to be understood in its general meaning 
as  referring  to  the  legally  binding  instruments  provided  for  in  Article  249  EC.  It  is  for  the 
Commission  to  decide  and  propose  which  of  the  three  binding  instruments  (directive, 
regulation or decision) is most suitable. The  aim of the Agreement is to establish minimum 
requirements  which,  given  the  type  and  substance  of  the  Agreement,  are  best  applied 
indirectly through provisions to be transposed into national law by the Member States and/or 
the social  partners. The appropriate instrument is therefore a Council  directive  to  which the 
Agreement is annexed. 

3.5. 

Correlation table 

The  Member  States  are  required  to  send  the  Commission  the  text  of  national  provisions 
transposing the Directive, together with a correlation table between those provisions and the 
Directive. 

3.6. 

European Economic Area 

As the Agreement is relevant to the European Economic Area, the Directive will be applicable 
to the non-EU Member States of the European Economic Area, following a decision by the 
EEA Joint Committee.  

4. 

BUDGETARY IMPLICATIONS 

The proposal has no implications for the Community budget. 

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5. 

DETAILED EXPLANATION OF THE SPECIFIC PROVISIONS 

5.1. 

Text of the Directive 

Article 1 

This Article will make the Agreement between the social partners, annexed to the Directive, 
legally  binding  across  the  European  Union,  which  is  the  purpose  of  a  Council  decision 
adopted under Article 139(2) EC. 

Article 2 

The proposed Article is the standard Article relating to penalties. It is expected to contribute 
substantially  to  the  effective  implementation  of  the  Framework  Agreement.  In  accordance 
with the case law  of the  European Court  of Justice,15 this  Article on penalties  provides that 
there should  be  no upper limit on  the  compensation payable in the event of a breach of the 
principle  of  equal  treatment.  This  provision  does  not  require  criminal  penalties  to  be 
introduced. It codifies existing case law and brings the Directive into line with the other equal 
treatment Directives. 

Articles 3, 5 and 6 

These  Articles  set  out  the  usual  provisions  on  transposition  into  Member  State  law  and 
specific provisions regarding the possibility of transposition by way of collective bargaining. 
The  specific  provisions  were  established  by  the  social  partners  in  the  Agreement  and  are 
equivalent to those of the current Directive. 

Article 4 

This  Article  makes  it  clear  that  this  Directive  repeals  and  replaces  the  current  Directive  on 
parental leave. 

5.2. 

Text of the Agreement in the Annex to the Directive 

The  following  explanations  refer  only  to  those  clauses  in  the  Agreement  that  amend  the 
provisions of the current Directive.  

Clause 1: Purpose and scope 

Paragraph 1 states that the Agreement’s provisions are meant to take account of the increasing 
diversity  of  family  structure  (including  single-parent  households,  unmarried  couples  and 
same-sex couples) without calling the Member States’ competence for family law matters into 
question. 

Paragraph 3 makes it clear that the Agreement applies to all forms of employment contract or 
relationship, including part-time work, fixed-term work and temporary-agency work. 

Clause 2: Parental leave 

15 

Cases C-180/95 Draehmpaehl [1997] ECR I-2195 and C-271/91 Marshall [1993] ECR I-4367. 

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The right of working parents to parental leave is extended from three to four months per child. 
The general principle that parental leave is an individual right and should not be transferred 
from one parent to the other is maintained. In addition, to encourage more equal take-up of 
parental  leave  by  fathers  and  mothers,  the  Agreement  provides  that  at  least  one  of  the  four 
months cannot be transferred under any circumstances (and will therefore be lost if only one 
parent takes parental leave).  

Clause 3: Rules of application 

Paragraph  1(a)  makes  it  clear  that  flexible  take-up  of  parental  leave  must  be  decided  in 
accordance with the interests of both workers and employers.  

Paragraph  1(b)  maintains  the  possible  qualification  period  of  up  to  one  year,  but  makes  it 
clear that, in the case of successive fixed-term contracts with the same employer, the overall 
duration  of  such  contracts  is  to  be  taken  into  account  for  the  purposes  of  calculating  that 
qualifying period.  

The  indicative  list  of  circumstances  under  which  the  granting  of  parental  leave  may  be 
postponed  is  deleted  in  paragraph  1(c)  without  any  amendment  to  the  substance  of  the 
provision. 

Paragraph  2  makes  the  establishment  of  periods  of  notice  which  the  worker  must  give  the 
employer when exercising his or her right to parental leave mandatory at national level. When 
determining the length of those periods, the interests of both workers and employers are to be 
taken into account. 

Paragraph 3 encourages the Member States and national social partners to assess the need to 
adjust  the  conditions  governing  parental  leave  to  the  needs  of  parents  of  children  with  a 
disability or a long-term illness.  

Clause 4: Adoption 

This  Clause  provides  for  an  assessment  of  the  need  for  additional  measures  to  address  the 
specific  needs  of  adoptive  parents  to  be  carried  out  at  national  level.  The  general  right  of 
adoptive parents to parental leave is maintained in Clause 2(1).  

Clause 5: Employment rights and non-discrimination 

Paragraph  4  now  prohibits  all  forms  of  less  favourable  treatment,  not  only  dismissal  on 
grounds of applying for or taking parental leave. As a result workers taking parental leave are 
better protected against discrimination on that ground.  

Paragraph 5 (second sentence) makes it clear that decisions on pay or income during parental 
leave are to be taken by the Member States and/or by the social partners at national level, and 
highlights the important role of income in actual take-up of parental leave.  

Clause 6: Return to work 

Paragraph 1 establishes the right of workers returning from parental leave to request changes 
to their working hours and/or patterns for a set period. Employers must consider and respond 
to  such  requests  for  flexible  working  in  the  light  of  both  their  own  and  their  employees’ 

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needs. This measure is intended to promote better reconciliation of work and family life for 
working parents, even after their parental leave ends.  

Paragraph 2 encourages workers and employers to maintain contact during their leave and to 
make  arrangements  for  suitable  reintegration  measures  after  it  ends.  The  aim  of  this 
recommendation is to facilitate return to work following parental leave. 

Clause 7: Time off from work on grounds of force majeure 

This Clause introduces no new points. 

Clause 8: Final provisions 

This  Clause  maintains  the  general  final  provisions  in  the  current  Agreement,  including  the 
‘minimum standards’ clause, which states that the Member States may maintain or introduce 
more  favourable  provisions  than  those  set  out  in  the  Agreement,  and  the  ‘non-regression’ 
clause. 

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Proposal for a 

COUNCIL DIRECTIVE 

implementing the revised Framework Agreement on parental leave concluded by 
BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC 

(text with EEA relevance)  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
139(2) thereof, 

Having regard to the proposal from the Commission16, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Article  137  of  the  Treaty  enables  the  Community  to  support  and  complement  the 
activities  of  the  Member  States,  inter  alia  in  the  field  of  equality  between  men  and 
women with regard to labour-market opportunities and treatment at work.  

Social  dialogue  at  Community  level  may,  in  accordance  with  Article  139(1)  of  the 
Treaty,  lead  to  contractual  relations,  including  agreements,  should  management  and 
labour  (the  ‘social  partners’)  so  desire.  The  social  partners  may,  in  accordance  with 
Article  139(2)  of  the  Treaty,  request  jointly  that  agreements  concluded  by  them  at 
Community level in matters covered by Article 137 of the Treaty be implemented by a 
Council decision on a proposal from the Commission. 

A  Framework  Agreement  on  parental  leave  was  concluded  by  the  European  cross-
industry  social  partners  (ETUC,  UNICE  and  CEEP)  on  14  December  1995  and  was 
given  legal  effect  by  Council  Directive  96/34/EC  of  3  June  1996  on  the  framework 
agreement  on  parental  leave  concluded  by  UNICE,  CEEP  and  the  ETUC.17  That 
Directive  contributed  greatly  to  improving  the  opportunities  available  to  working 
parents in the Member States to reconcile their work and family responsibilities better 
through leave arrangements.  

In accordance with Article 138(2) and (3) of the Treaty, the Commission consulted the 
European  social  partners  in  2006  and  2007  on  ways  of  further  improving  the 
reconciliation  of  work,  private  and  family  life  and,  in  particular,  the  existing 
Community  legislation  on  maternity  protection  and  parental  leave,  and  on  the 
possibility  of  introducing  new  types  of  family-related  leave,  such  as  paternity  leave, 
adoption leave and leave to care for family members. 

16 
17 

OJ C , , p. . 
OJ L 145, 19.6.1996, p. 4. 

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(5) 

(6) 

(7) 

(8) 

The three European general cross-industry social partner organisations (ETUC, CEEP 
and  BUSINESSEUROPE,  formerly  named  UNICE)  and  the  European  cross-industry 
social partner organisation representing a certain category of undertakings (UEAPME) 
informed  the  Commission  on  11  September  2008  of  their  wish  to  enter  into 
negotiations, in accordance with Article 138(4) and Article 139 of the Treaty, with a 
view to revising the Framework Agreement on parental leave concluded in 1995. 

On  18  June  2009  those  organisations  signed  the  revised  Framework  Agreement  on 
parental leave and addressed a joint request to the Commission to submit a proposal 
for a Council decision implementing that Framework Agreement.  

In the course of their negotiations the European social partners completely revised the 
1995 Framework Agreement on parental leave. Therefore Directive 96/34/EC should 
be repealed and replaced by a new directive rather than being simply amended.  

Since the objectives of the action to be taken, namely to improve the reconciliation of 
work and family life for working parents and equality between men and women with 
regard  to  labour-market  opportunities  and  treatment  at  work  across  the  Community, 
cannot  be  sufficiently  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. 

(9)  When  drafting  its  proposal  for  a  Directive,  the  Commission  took  account  of  the 
representative  status  of  the  signatory  parties,  their  mandate  and  the  legality  of  the 
clauses in the Framework Agreement and its compliance with the relevant provisions 
concerning small and medium-sized undertakings.  

(10)  The Commission informed the European Parliament and the European Economic and 

Social Committee of its proposal.  

(11)  Clause  1(1)  of  the  Framework  Agreement,  in  line  with  the  general  principles  of 
Community  law  in  the  social  policy  area,  states  that  this  Agreement  lays  down 
minimum requirements.  

(12)  Clause 8(1) states that the Member States may introduce or maintain more favourable 

provisions than those set out in the Agreement. 

(13)  Clause 8(2) states that the implementation of the provisions of the Agreement can not 
constitute  valid  grounds  for  reducing  the  general  level  of  protection  afforded  to 
workers in the field covered by it.  

(14)  The  Member  States  should  provide  for  effective,  proportionate  and  dissuasive 

penalties in the event of any breach of the obligations under this Directive. 

(15)  The  Member  States  may  entrust  the  social  partners,  at  their  joint  request,  with  the 
implementation of this Directive, as long as they take all the steps necessary to ensure 
that they can at all times guarantee the results imposed by this Directive,  

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HAS ADOPTED THIS DIRECTIVE: 

Article 1 

This Directive puts into effect the revised Framework Agreement on parental leave concluded 
on  18  June  2009  by 
the  European  cross-industry  social  partner  organisations 
(BUSINESSEUROPE, UEAPME, CEEP and ETUC), as set out in the Annex. 

Article 2 

Member  States  shall  lay  down  the  rules  on  penalties  applicable  to  infringements  of  the 
national provisions adopted pursuant to this Directive, and shall take all measures necessary 
to  ensure  that  they  are  implemented.  The  penalties  provided  for  must  be  effective, 
proportionate and dissuasive. They may comprise payment of compensation, which may not 
be  limited  by  the  fixing  of  a  prior  upper  limit.  The  Member  States  shall  notify  those 
provisions to the Commission by the date specified in Article 3 at the latest and shall notify it 
without delay of any subsequent amendments affecting them. 

Article 3 

1.  The  Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to comply with this Directive or shall ensure that the social partners have 
introduced  the  necessary  measures  by  agreement  by  [two  years  after  adoption]  at  the  latest. 
They  shall  forthwith  communicate  to  the  Commission  the  text  of  those  provisions  and  a 
correlation table between those provisions and this Directive. When the Member States adopt 
those provisions, they shall contain a reference to this Directive or be accompanied by such a 
reference  on  the  occasion  of  their  official  publication.  Member  States  shall  determine  how 
such reference is to be made. 

2. The Member States may have a maximum additional period of one year to comply with this 
Directive, if  this is  necessary to  take  account of particular difficulties or implementation by 
collective  agreement.  They  shall  inform  the  Commission  thereof  by  [deadline  for 
implementation] at the latest, stating the reasons for the need of an additional period.  

3. The 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. 

Directive  96/34/EC  shall  be  repealed  with  effect  from  [deadline  for  implementation  to  be 
inserted]. 

Article 4 

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

Article 5 

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Article 6 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

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ANNEX  

FRAMEWORK AGREEMENT ON PARENTAL LEAVE (REVISED) 

18 JUNE 2009 

PREAMBLE 

This  framework  agreement  between  the  European  social  partners,  BUSINESSEUROPE, 
UEAPME,  CEEP  and  ETUC  (and  the  liaison  committee  Eurocadres/CEC)  revises  the 
framework  agreement  on  parental  leave,  concluded  on  14  December  1995,  setting  out  the 
minimum requirements on parental leave, as an important means of reconciling professional 
and family responsibilities and promoting equal opportunities and treatment between men and 
women. 

The European social partners request the Commission to submit this framework agreement to 
the Council for a Council decision making these requirements binding in the Member States 
of the European Union. 

I – GENERAL CONSIDERATIONS 

1. Having regard to the EC Treaty and in particular Articles 138 and 139 thereof; 

2.  Having  regard  to  Articles  137(1)(c)  and  141  of  the  EC  Treaty  and  the  principle  of  equal 
treatment (Articles 2, 3 and 13 of the EC Treaty) and the secondary legislation based on this, 
in particular Council Directive 75/117/EEC on the approximation of the laws of the Member 
States relating to the application of the principle of equal pay for men and women;18 Council 
Directive  92/85/EEC  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;19  Council  Directive  96/97/EC  amending  Directive  86/378/EEC  on  the 
implementation of the principle of equal treatment for men and women in occupational social 
security schemes;20 and Directive 2006/54/EC on the implementation of the principle of equal 
opportunities  and  equal  treatment  of  men  and  women  in  matters  of  employment  and 
occupation (recast);21 

3.  Having  regard  to  the  Charter  of  Fundamental  Rights  of  the  European  Union  of  18 
December 2000 and Articles 23 and 33 thereof relating to equality between men and women 
and reconciliation of professional, private and family life; 

4. Having regard to the 2003 Report from the Commission on the Implementation of Council 
Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded 
by UNICE, CEEP and the ETUC; 

18 
19

20

21

OJ L 45, 19.2.1975, p. 19–20. 
OJ L 348, 28.11.1992, p. 1–8. 
OJ L 46, 17.2.1997, p. 20–24. 
OJ L 204, 26.7.2006, p. 23–36. 

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5.  Having  regard  to  the  objective  of  the  Lisbon  strategy  on  growth  and  jobs  of  increasing 
overall  employment  rates  to  70%,  women’s  employment  rates  to  60%  and  the  employment 
rates of older workers to 50%; to the Barcelona targets on the provision of childcare facilities; 
and  to  the  contribution  of  policies  to  improve  reconciliation  of  professional,  private  and 
family life in achieving these targets; 

6. Having regard to the European social partners’ Framework of Actions on Gender Equality 
of  22  March  2005  in  which  supporting  work-life  balance  is  addressed  as  a  priority  area  for 
action,  while  recognising  that,  in  order  to  continue  to  make  progress  on  the  issue  of 
reconciliation,  a  balanced,  integrated  and  coherent  policy  mix  must  be  put  in  place, 
comprising of leave arrangements, working arrangements and care infrastructures;  

7. Whereas measures to improve reconciliation are part of a broader policy agenda to address 
the needs of employers and workers and improve adaptability and employability, as part of a 
flexicurity approach; 

8.  Whereas  family  policies  should  contribute  to  the  achievement  of  gender  equality  and  be 
looked at in the context of demographic changes, the effects of an ageing population, closing 
the  generation  gap,  promoting  women’s  participation  in  the  labour  force  and  the  sharing  of 
care responsibilities between women and men; 

9. Whereas the Commission has consulted the European social partners in 2006 and 2007 in a 
first and second stage consultation on reconciliation of professional, private and family life, 
and,  among  other  things,  has  addressed  the  issue  of  updating  the  regulatory  framework  at 
Community level, and has encouraged the European social partners to assess the provisions of 
their framework agreement on parental leave with a view to its review;  

10.  Whereas  the  Framework  agreement  of  the  European  social partners of  1995 on  parental 
leave has been a catalyst for positive change, ensured common ground on work life balance in 
the  Member  States  and  played  a  significant  role  in  helping  working  parents  in  Europe  to 
achieve better reconciliation; however, on the basis of a joint evaluation, the European social 
partners consider that certain elements of the agreement need to be adapted or revised in order 
to better achieve its aims;  

11. Whereas certain aspects need to be adapted, taking into account the growing diversity of 
the  labour  force  and  societal  developments  including  the  increasing  diversity  of  family 
structures, while respecting national law, collective agreements and/or practice;  

12.  Whereas  in  many  Member  States  encouraging  men  to  assume  an  equal  share  of  family 
responsibilities has not led to sufficient results; therefore, more effective measures should be 
taken to encourage a more equal sharing of family responsibilities between men and women; 

13.  Whereas  many  Member  States  already  have  a  wide  variety  of  policy  measures  and 
practices relating to leave facilities, childcare and flexible working arrangements, tailored to 
the  needs  of  workers  and  employers  and  aiming  to  support  parents  in  reconciling  their 
professional, private and family life; these should be taken into account when implementing 
this agreement; 

14.  Whereas  this  framework  agreement  provides  one  element  of  European  social  partners’ 
actions in the field of reconciliation; 

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15. Whereas this agreement is a framework agreement setting out minimum requirements and 
provisions  for  parental  leave,  distinct  from  maternity  leave,  and  for  time  off  from  work  on 
grounds  of  force  majeure,  and  refers  back  to  Member  States  and  social  partners  for  the 
establishment of conditions for access and modalities of application in order to take account 
of the situation in each Member State;  

16. Whereas the right of parental leave in this agreement is an individual right and in principle 
non-transferable,  and  Member  States  are  allowed  to  make  it  transferable.  Experience  shows 
that  making  the  leave  non-transferable  can  act  as  a  positive  incentive  for  the  take  up  by 
fathers,  the  European  social  partners  therefore  agree  to  make  a  part  of  the  leave  non-
transferable; 

17. Whereas it is important to take into account the special needs of parents with children with 
disabilities or long term illness; 

18. Whereas Member States should provide for the maintenance of entitlements to benefits in 
kind under sickness insurance during the minimum period of parental leave; 

19.  Whereas  Member  States  should  also,  where  appropriate  under  national  conditions  and 
taking  into  account  the  budgetary  situation,  consider  the  maintenance  of  entitlements  to 
relevant social security benefits as they stand during the minimum period of parental leave as 
well  as  the  role  of  income  among  other  factors  in  the  take-up  of  parental  leave  when 
implementing this agreement; 

20.  Whereas  experiences  in  Member  States  have  shown  that  the  level  of  income  during 
parental leave is one factor that influences the take up by parents, especially fathers; 

21.  Whereas  the  access  to  flexible  working  arrangements  makes  it  easier  for  parents  to 
combine  work  and  parental  responsibilities  and  facilitates  the  reintegration  into  work, 
especially after returning from parental leave; 

22.  Whereas  parental  leave  arrangements  are  meant  to  support  working  parents  during  a 
specific  period  of  time,  aimed  at  maintaining  and  promoting  their  continued  labour  market 
participation;  therefore,  greater  attention  should  be  paid  to  keeping  in  contact  with  the 
employer during the leave or by making arrangements for return to work; 

23.  Whereas  this  agreement  takes  into  consideration  the  need  to  improve  social  policy 
requirements, to enhance the competitiveness of the European Union economy and to avoid 
imposing administrative, financial and legal constraints in a way which would hold back the 
creation and development of small and medium sized undertakings; 

24. Whereas the social partners are best placed to find solutions that correspond to the needs 
of both employers and workers and shall therefore play a special role in the implementation, 
application,  monitoring  and  evaluation  of  this  agreement,  in  the  broader  context  of  other 
measures  to  improve  the  reconciliation  of  professional  and  family  responsibilities  and  to 
promote equal opportunities and treatment between men and women. 

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II – CONTENT 

Clause 1: Purpose and scope 

1. This agreement lays down minimum requirements designed to facilitate the reconciliation 
of  parental  and  professional  responsibilities  for  working  parents,  taking  into  account  the 
increasing diversity of family structures while respecting national law, collective agreements 
and/or practice. 

2. This agreement applies to all workers, men and women, who have an employment contract 
or  employment  relationship  as  defined  by  the  law,  collective  agreements  and/or  practice  in 
force in each Member State. 

3. Member States and/or social partners shall not exclude from the scope and application of 
this agreement workers, contracts of employment or employment relationships solely because 
they  relate  to  part-time  workers,  fixed-term  contract  workers  or  persons  with  a  contract  of 
employment or employment relationship with a temporary agency. 

Clause 2: Parental leave 

1. This agreement entitles men and women workers to an individual right to parental leave on 
the grounds of the birth or adoption of a child to take care of that child until a given age up to 
eight years to be defined by Member States and/or social partners. 

2.  The  leave  shall  be  granted  for  at  least  a  period  of  four  months  and,  to  promote  equal 
opportunities and equal treatment between men and women, should, in principle, be provided 
on a non-transferable basis. To encourage a more equal take-up of leave by both parents, at 
least one of the four months shall be provided on a non-transferable basis. The modalities of 
application  of  the  non-transferable  period  shall  be  set  down  at  national  level  through 
legislation and/or collective agreements taking into account existing leave arrangements in the 
Member States. 

Clause 3: Modalities of application 

1. The conditions of access and detailed rules for applying parental leave shall be defined by 
law and/or collective agreements in the Member States, as long as the minimum requirements 
of this agreement are respected. Member States and/or social partners may, in particular: 

(a) decide whether parental leave is granted on a full-time or part-time basis, in a piecemeal 
way or in the form of a time-credit system, taking into account the needs of both employers 
and workers; 

(b) make entitlement to parental leave subject to a period of work qualification and/or a length 
of service qualification which shall not exceed one year; Member States and/or social partners 
shall  ensure,  when  making  use  of  this  provision,  that  in  case  of  successive  fixed  term 
contracts,  as  defined  in  Council  Directive  1999/70/EC  on  fixed-term  work,  with  the  same 
employer the sum of these contracts shall be taken into account for the purpose of calculating 
the qualifying period; 

(c) define the circumstances in which an employer, following consultation in accordance with 
national  law,  collective  agreements  and/or  practice,  is  allowed  to  postpone  the  granting  of 
parental leave for justifiable reasons related to the operation of the organisation. Any problem 

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arising from the application of this provision should be dealt with in accordance with national 
law, collective agreements and/or practice; 

(d)  in  addition  to  (c),  authorise  special  arrangements  to  meet  the  operational  and 
organisational requirements of small undertakings. 

2.  Member  States  and/or  social  partners  shall  establish  notice  periods  to  be  given  by  the 
worker to the employer when exercising the right to parental leave, specifying the beginning 
and the end of the period of leave. Member States and/or social partners shall have regard to 
the interests of workers and of employers in specifying the length of such notice periods. 

3.  Member  States  and/or  social  partners  should  assess  the  need  to  adjust  the  conditions  for 
access and modalities of application of parental leave to the needs of parents of children with 
a disability or a long-term illness. 

Clause 4: Adoption 

1.  Member  States  and/or  social  partners  shall  assess  the  need  for  additional  measures  to 
address the specific needs of adoptive parents 

Clause 5: Employment rights and non-discrimination 

1. At the end of parental leave, workers shall have the right to return to the same job or, if that 
is not possible, to an equivalent or similar job consistent with  their employment contract or 
employment relationship. 

2.  Rights  acquired  or  in  the  process  of  being  acquired  by  the  worker  on  the  date  on  which 
parental leave starts shall be maintained as they stand until the end of parental leave. At the 
end of parental leave, these rights, including any changes arising from national law, collective 
agreements and/or practice, shall apply. 

3. Member States and/or social partners shall define the status of the employment contract or 
employment relationship for the period of parental leave. 

4.  In  order  to  ensure  that  workers  can  exercise  their  right  to  parental  leave,  Member  States 
and/or  social  partners  shall  take  the  necessary  measures  to  protect  workers  against  less 
favourable  treatment  or  dismissal  on  the  grounds  of  an  application  for,  or  the  taking  of, 
parental leave in accordance with national law, collective agreements and/or practice. 

5. All matters regarding social security in relation to this agreement are for consideration and 
determination  by  Member  States  and/or  social  partners  according  to  national  law  and/or 
collective agreements, taking into account the importance of the continuity of the entitlements 
to social security cover under the different schemes, in particular health care.  

All  matters  regarding  income  in  relation  to  this  agreement  are  for  consideration  and 
determination by Member States and/or social partners according to national law, collective 
agreements and/or practice, taking into account the role of income – among other factors – in 
the take-up of parental leave. 

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Clause 6: Return to work 

1. In order to promote  better reconciliation, Member States and/or social partners shall take 
the  necessary  measures  to  ensure  that  workers,  when  returning  from  parental  leave,  may 
request  changes  to  their  working  hours  and/or  patterns  for  a  set  period  of  time.  Employers 
shall consider and respond to such requests, taking into account both employers’ and workers’ 
needs.  

The  modalities  of  this  paragraph  shall  be  determined  in  accordance  with  national  law, 
collective agreements and/or practice. 

2. In order to facilitate the return to work following parental leave, workers and employers are 
encouraged  to  maintain  contact  during  the  period  of  leave  and  may  make  arrangements  for 
any appropriate reintegration measures, to be decided between the parties concerned, taking 
into account national law, collective agreements and/or practice. 

Clause 7: Time off from work on grounds of force majeure 

1. Member States and/or social partners shall take the necessary measures to entitle workers to 
time  off  from  work,  in  accordance  with  national  legislation,  collective  agreements  and/or 
practice,  on  grounds  of  force  majeure  for  urgent  family  reasons  in  cases  of  sickness  or 
accident making the immediate presence of the worker indispensable. 

2.  Member  States  and/or  social  partners  may  specify  the  conditions  of  access  and  detailed 
rules for applying clause  7.1 and limit this entitlement to a certain amount  of time per  year 
and/or per case. 

Clause 8: Final provisions 

1. Member States may apply or introduce more favourable provisions than those set out in this 
agreement. 

2.  Implementation  of  the  provisions  of  this  agreement  shall  not  constitute  valid  grounds  for 
reducing  the  general  level  of  protection  afforded  to  workers  in  the  field  covered  by  this 
agreement.  This  shall  not  prejudice  the  right  of  Member  States  and/or  social  partners  to 
develop  different  legislative,  regulatory  or  contractual  provisions,  in  the  light  of  changing 
circumstances  (including  the  introduction  of  non-transferability),  as  long  as  the  minimum 
requirements provided for in the present agreement are complied with. 

3.  This  agreement  shall  not  prejudice  the  right  of  social  partners  to  conclude,  at  the 
appropriate  level  including  European  level,  agreements  adapting  and/or  complementing  the 
provisions of this agreement in order to take into account particular circumstances. 

4. Member States shall adopt the laws, regulations and administrative provisions necessary to 
comply  with  the  Council  decision  within  a  period  of  two  years  from  its  adoption  or  shall 
ensure that social partners introduce the necessary measures by way of agreement by the end 
of  this  period.  Member  States  may,  if  necessary  to  take  account  of  particular  difficulties  or 
implementation  by  collective  agreements,  have  up  to  a  maximum  of  one  additional  year  to 
comply with this decision. 

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5.  The  prevention  and  settlement  of  disputes  and  grievances  arising  from  the  application  of 
this  agreement  shall  be  dealt  with  in  accordance  with  national  law,  collective  agreements 
and/or practice. 

6.  Without  prejudice  to  the  respective  role  of  the  Commission,  national  courts  and  the 
European  Court  of  Justice,  any  matter  relating  to  the  interpretation  of  this  agreement  at 
European level should, in the first instance, be referred by the Commission to the signatory 
parties who will give an opinion. 

7. The signatory parties shall review the application of this agreement five years after the date 
of the Council decision if requested by one of the parties to this agreement. 

Done at Brussels, 18 June 2009 

For ETUC 

John Monks 

General Secretary 

On behalf of the trade union delegation 

For BUSINESSEUROPE 

Philippe de Buck 

Director General 

For UEAPME  

Andrea Benassi 

Secretary General  

For CEEP 

Ralf Resch 

General Secretary 

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