Proposal for a COUNCIL DECISION amending Council Directive 2010/18/EU because of the change in status of Mayotte
Date: 2013-06-13
Institutions: European Commission
Subjects: France, Mayotte, economic situation, paternity leave, peripheral region, social situation

EUROPEAN 
COMMISSION 

Brussels, 13.6.2013  
COM(2013) 413 final 

2013/0189 (NLE) 

Proposal for a 

COUNCIL DECISION 

amending Council Directive 2010/18/EU because of the change in status of Mayotte 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

By  Decision  2012/419/EU,  the  European  Council  amended  the  status  of  Mayotte 
with regard to the European Union with effect from 1 January 2014. Therefore, from 
this  date,  Mayotte  will  cease  to  be  an  overseas  territory  and  will  become  an 
outermost region of the Union within the meaning of Articles 349 and 355(1) TFEU. 
Union law will apply to Mayotte from 1 January 2014. 

This  proposal  is  in  response  to  a  request  from  the  French  authorities  for  a 
modification  of  the  Union  acquis  by  way  of  deferred  implementation  of  Directive 
2010/18/EU  of  8 March  2010  implementing  the  revised  Framework  Agreement  on 
parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and 
repealing Directive 96/34/EC.  

This  request  for  postponement  is  objectively  justified  in  the  light  of  the  specific 
economic situation of the island of Mayotte. 

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• 

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The  jobs  market  is  underdeveloped  and  the  employment  rate  is  low  for  an 
active population totalling 43 200 people.  

15 %  of  total  employment  is  still  in  traditional  industries  (agricultural  food 
production,  crafts  and  small-scale  commerce),  comprising  subsistence 
activities. 

Per capita GDP is 30 % less than the EU average.  

The French authorities plan to increase social rights gradually in order to avoid 
any  economic  destabilisation  of 
in 
the 
contributions is therefore to be very slow, with the alignment of contributions 
on those generally applicable to be staggered up to 2036.  

island.  The  planned 

increase 

2. 

RESULTS  OF  CONSULTATIONS  WITH  INTERESTED  PARTIES  AND 
IMPACT ASSESSMENTS 

The  Commission  has  not  carried  out  an  impact  assessment.  However,  after 
examining  various  points  and  in  particular  France’s  request,  the  Commission  has 
been  in  contact  with  the  representatives  of  the  French  authorities  in  order  to  better 
assess the reasons for the requested postponement. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

In  accordance  with  Article  155(2)  TFEU,  the  Council  has  the  power  to  adopt 
implementing  measures  for  agreements  concluded  at  Union 
level  between 
management  and  labour  in  the  field  of  equal  treatment  between  men  and  women 
concerning labour market opportunities and equality at work. 

The  French  request  for  a  deferred  implementation  date  of  31 December  2018  is 
justified  in  the  light  of  the  specific  economic  situation  of  the  new  overseas 
department of Mayotte, which calls for a progressive alignment of the legislation of 
Mayotte  with  French  and  European  legislation,  together  with  a  gradual  increase  in 
social  rights,  in  order  to  avoid  any  economic  destabilisation  of  the  island  resulting 
from  a  non-progressive  increase  in  social  rights  and  to  ensure  the  gradual 
achievement of equal treatment in the particular field of parental leave. 

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On this basis, it is proposed that Council Directive 2010/18/EU of 8 March 2010 be 
the 
amended 
implementation of the Directive in Mayotte. 

to  grant  France  a  deferment  until  31 December  2018  for 

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2013/0189 (NLE) 

Proposal for a 

COUNCIL DECISION 

amending Council Directive 2010/18/EU because of the change in status of Mayotte 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 155(2) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

By  Decision  2012/419/EU1,  the  European  Council  decided  to  amend  the  status  of 
Mayotte  with  regard  to  the  European  Union  with  effect  from  1 January  2014. 
Therefore,  from  that  date,  Mayotte  will  cease  to  be  an  overseas  territory  and  will 
become  an  outermost  region  of  the  Union  within  the  meaning  of  Articles 349  and 
355(1) of the Treaty. Union law will apply to Mayotte from that date. Certain specific 
measures, justified by the particular situation of Mayotte, should be established. 

Considering the specific economic and social situation of Mayotte, particularly the fact 
that the jobs market is underdeveloped and the employment rate is low, an additional 
implementation  period  for  Council  Directive  2010/18/EU  of  8 March  2010 
implementing  the  revised  Framework  Agreement  on  parental  leave  concluded  by 
BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC2 
is appropriate to ensure that equal treatment in the particular field of parental leave is 
achieved progressively and so as not to destabilise the economic development of the 
island, which will allow this specific situation to be improved.  

(3) 

Directive 2010/18/EU should therefore be amended accordingly, 

HAS ADOPTED THIS DECISION: 

Article 1 

In Article 3(2) of Directive 2010/18/EU, the following subparagraph is added:  

‘For the French overseas department of Mayotte, the additional period referred to in the first 
subparagraph shall be extended to 31 December 2018.’ 

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2 

OJ L 204, 31.7.2012, p. 131. 
OJ L 68, 18.3.2010, p. 13. 

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This Decision is addressed to the French Republic. 

Done at Brussels,  

Article 2 

For the Council 
The President 

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