SUCH AS SINGING , ACTING , DANCING AND ARTISTIC OR FASHION MODELLING ), THE MEMBER STATES MAINTAIN A WIDE VARIETY OF OTHER EXCEPTIONS BASED ON SOCIAL , MORAL OR , IN CERTAIN CASES , RELIGIOUS CONSIDERATIONS , THAT A SUBSTANTIAL NUMBER OF THOSE EXCEPTIONS ARE BASED ON CONSIDERATIONS RELATING TO THE PHYSICAL AND MORAL PROTECTION OF WOMEN AND , FINALLY , THAT CERTAIN IMPORTANT EXEMPTIONS ARE BOUND UP WITH THE QUESTION OF MILITARY SERVICE AND THE ORGANIZATION OF THE POLICE AND SIMILAR BODIES . THE BASIS FOR THE EXEMPTIONS IS ALSO VARIABLE , INASMUCH AS SOME OWE THEIR EXISTENCE TO VOLUNTARY AND UNWRITTEN CUSTOMS , OTHERS TO PROVISIONS LAID DOWN BY LAW OR REGULATION , AND OTHERS STILL TO INTERNATIONAL CONVENTIONS . FINALLY , IT HAS BECOME APPARENT THAT THE PROVISIONS OF CERTAIN MEMBER STATES ARE LIMITED TO GENERAL CLAUSES SIMILAR TO ARTICLE 2 ( 2 ) OF DIRECTIVE NO 76/207 . THE COMMISSION HAS POINTED OUT THAT IT INTENDS TO TAKE ACTION AGAINST SEVERAL MEMBER STATES FOR FAILURE TO FULFIL THEIR OBLIGATIONS .
35 IN ORDER TO DETERMINE THE SCOPE OF THE COMMISSION ' S COMPLAINT AND THE GROUNDS ON WHICH IT IS BASED , IT IS NECESSARY TO REFER FIRST OF ALL TO THE RELEVANT PROVISIONS OF DIRECTIVE NO 76/207 . ARTICLE 2 ( 2 ) PROVIDES THAT :
' THIS DIRECTIVE SHALL BE WITHOUT PREJUDICE TO THE RIGHT OF MEMBER STATES TO EXCLUDE FROM ITS FIELD OF APPLICATION THOSE OCCUPATIONAL ACTIVITIES AND , WHERE APPROPRIATE , THE TRAINING LEADING THERETO , FOR WHICH , BY REASON OF THEIR NATURE OR THE CONTEXT IN WHICH THEY ARE CARRIED OUT , THE SEX OF THE WORKER CONSTITUTES A DETERMINING FACTOR . '
ARTICLE 2 ( 3 ) PROVIDES THAT :
' THIS DIRECTIVE SHALL BE WITHOUT PREJUDICE TO PROVISIONS CONCERNING THE PROTECTION OF WOMEN , PARTICULARLY AS REGARDS PREGNANCY AND MATERNITY . '
ARTICLE 9 ( 2 ) PROVIDES AS FOLLOWS :
' MEMBER STATES SHALL PERIODICALLY ASSESS THE OCCUPATIONAL ACTIVITIES REFERRED TO IN ARTICLE 2 ( 2 ) IN ORDER TO DECIDE , IN THE LIGHT OF SOCIAL DEVELOPMENTS , WHETHER THERE IS JUSTIFICATION FOR MAINTAINING THE EXCLUSIONS CONCERNED . THEY SHALL NOTIFY THE COMMISSION OF THE RESULTS OF THIS ASSESSMENT . '
36 IT MUST BE POINTED OUT IN THE FIRST PLACE THAT THE PURPOSE OF ARTICLE 2 ( 2 ) IS NOT TO OBLIGE BUT TO PERMIT THE MEMBER STATES TO EXCLUDE CERTAIN OCCUPATIONAL ACTIVITIES FROM THE FIELD OF APPLICATION OF THE DIRECTIVE . THAT PROVISION DOES NOT HAVE AS ITS OBJECT OR AS ITS EFFECT TO REQUIRE THE MEMBER STATES TO EXERCISE THAT POWER OF DEROGATION IN A PARTICULAR MANNER , ESPECIALLY SINCE , AS IS CLEAR FROM THE STUDY OF COMPARATIVE LAW SUBMITTED BY THE COMMISSION , THE EXCEPTIONS IN QUESTION SERVE WIDELY DIFFERING PURPOSES AND SEVERAL OF THEM ARE CLOSELY LINKED TO THE RULES GOVERNING CERTAIN OCCUPATIONS OR ACTIVITIES .
37 HOWEVER , IT IS NECESSARY TO ASCERTAIN WHAT OBLIGATIONS ARTICLE 9 (