Opinion of the Commission pursuant to Article 294(7)(c) of the Treaty on the Functioning of the European Union, on the European Parliament's amendments to the Council's position regarding the 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
Date: 2010-06-23
Institutions: European Commission
Subjects: care of mothers and infants, drafting of EU law, equal treatment, gender equality, labour law, married person, maternity leave, self-employed person, social security

EN 

EN 

   EN 

 
 
EUROPEAN COMMISSION 

Brussels, 23.6.2010 
COM(2010)347 final 

2008/0192 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 294(7)(c) of the Treaty on the Functioning of the European Union, 
on the European Parliament's amendments 
to the Council's position regarding the  
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 

EN 

   EN 

 
 
 
  
 
 
2008/0192 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 294(7)(c) of the Treaty on the Functioning of the European Union, 
on the European Parliament's amendments 
to the Council's position regarding the  
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 

1. 

INTRODUCTION 

Article  294(7)(c)  of  the  Treaty  on  the  Functioning  of  the  European  Union  provides  that  the 
Commission  is  to  deliver  an  opinion  on  the  amendments  proposed  by  the  European 
Parliament  at  second  reading.  The  Commission  sets  out  its  opinion  below  on  the  17 
amendments proposed by Parliament. 

2. 

BACKGROUND 

The  Commission  adopted  on  the  3rd  of  October  2008  its  proposal  for  a  Directive1  and 
transmitted it to the European Parliament and the Council on the same date for adoption by 
co-decision procedure as laid down in Article 251 of the EC Treaty. 

The European Economic and Social Committee gave its opinion on 24 March 2009. 

On  6  May  2009,  the  European  Parliament  adopted,  in  first  reading,  a  legislative  resolution 
approving the Commission's proposal with 28 amendments2. The Commission announced in 
the  European  parliament's  Plenary  that  it  was  able  to  accept  most  of  the  amendments, 
integrally or in substance. 

The Council, in accordance with Article 251 of the EC Treaty, reached a political agreement 
on the proposal on 30 November 2009 and formally adopted its position at first reading on 8 
March 20103. 

The  Commission  adopted  its  Communication  to  the  European  Parliament  concerning  the 
position of the Council at first reading on 22 March 20104. 

1 
2 
3 
4 

COM(2008) 636). 
A6-0258/2009. 
Position (EU) No 8/2010, OJ C 123, 12.5.2010, p. 5. 
COM(2010)99. 

EN 

3 

   EN 

 
 
 
                                                 
3. 

PURPOSE OF THE PROPOSAL 

The  aim  of  the  Commission's  proposal  is  to  amend  the  Community  legal  framework 
concerning  the  application  of  the  principle  of  equal  treatment  between  women  and  men  to 
self-employed workers and their spouses. 

It introduces substantial amendments to the existing Directive, which dates from 1986. Firstly, 
it  extends  the  concept  of  'spouse'  to  include  life  partners,  where  they  are  recognised  under 
national law. Secondly, the proposal provides that spouses who assist self-employed workers 
as part of their contribution to a family business must, if they so request, be entitled to benefit 
from social protection. Lastly, the proposal provides that self-employed female workers and 
assisting spouses should be granted, at their request, a maternity allowance enabling them to 
interrupt their professional activities for a period of at least 14 weeks. 

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

In its Communication concerning the position of the Council at first reading, the Commission 
concluded  that,  whilst  admitting  that  the  position  of  the  Council  at  first  reading  does  not 
correspond,  on  several  key  points,  to  its  original  proposal,  the  only  way  to  allow  the 
procedure to move forward was to support the Council's position at first reading. 

The European Parliament made a limited number of amendments to the Council's position and 
their main aim is to clarify the text, rather than changing its scope. The amendments voted by 
the European Parliament have been discussed and agreed during the discussions between the 
two co-legislators, supported by the European Commission. 

4.1. 

Amendments accepted by the Commission 

The Commission accepts all the amendments voted by the European Parliament, as they are in 
line with the overall purpose of the proposal. 

5. 

CONCLUSION 

Pursuant  to  Article  293(2)  of  the  Treaty  on  the  Functioning  of  the  European  Union,  the 
Commission  amends  its  proposal  in  line  with  the  amendments  voted  by  the  European 
Parliament at its plenary session on 18 May 2010. 

EN 

4 

   EN