CELEX: 51995PC0602
Language: en
Date: 1995-11-27
Title: Amended proposal for a COUNCIL DECISION on the Fourth Medium-Term Community Action Programme on Equal Opportunities for Women and Men (1996-2000)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                      Brussels, 27 11.1995
                                      COM(95) 602 final
                                      95/0206 (CNS)
                  Amended proposal for a
                  COUNCIL DECISION
  on the Fourth Medium-Term Community Action Programme
    on Fqual Opportunities for Women and Men( 1996-2000)
(presented by the Commission pursuant to Article 189 a (2)
                     of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                                  EXPLANATORY MEMORANDUM
Further to the Opinion of the European Parliament of 17 November 1995, and taking into consideration
the debate within the Economic and Social Committee, the Commission, under Article 189a paragraph
2 of the EC Treaty, presents to the Council a revised "proposal for a Council Decision on the fourth
medium-term Community action programme on equal opportunities for women and men (1996-2000)".
The amendments presented by the Parliament and accepted by the Commission:
 1.     add a reference to "equal treatment" to the existing references to "equal opportunities";
        (Amendments : 1, 2, 23)
2.      update the references to meetings of the European Council, and introduce a reference to the UN
        Conference in Beijing ; (Amendments : 3, 4, 33)
3.      underline the risks of poverty which women face ; (Amendments : 6)
4.      mention positive action ; (Amendments : 23)
5.      underline the contribution of information and vocational training to enable women to play a full
        part in economic, social, and cultural life (Amendments : 10, 12, 27, 30).
The Commission has not taken on board the amendments that:
a.      deal with Community actions outside the framework of the Action Programme established by this
        Council Decision that includes a proposal for a specific budget (legislative initiatives, Structural
        Funds) ; (Amendments : 1, 7, 16, 19, 23, 25, 26, 28, 34)
b.      concern internal technical or administrative aspects of the implementation of the
        programme ; (Amendments : 20, 21,22, 36)
c.      put forward initiatives which exceed the proposed budget ; (Amendments : 18, 27, 28, 29, 31, 32,
        33);
d.      prejudge the outcome of the next Intergovernmental Conference. (Amendments : 2)
                                             z
 ---pagebreak---                                    COUNCIL DECISION
                 on the Fourth Medium-Term Community Action Programme
                   on Equal Opportunities for Women and Men( J 996-2000)
             INITIAL PROPOSAL                               REVISED PROPOSAL
The Council of the European Union,
Having regard to the Treaty establishing the
European Community, and in particular article
235 thereof.
Having regard     to  the   proposal  from    the
Commission m.
Having regard to the opinion of the European
Parliament ax
Having regard to the opinion, of the Economic
and Social Committee o>,
Having regard to the opinion of the Committee of
Regions M>,
                                           3
 ---pagebreak--- Whereas the Council has adopted six directives,
two recommendations and nine resolutions in the
area ofequal opportunities for women and men (5),
(5) 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, OJ No L 45, 19.02.1975, p. 19;
Council Directive 76/207/EEC on the implementation
of the principle of equal treatment for men and women
as regards access to employment, vocational training
and promotion, and working conditions, OJ No L 39,
 14.02.76, p.40;
Council Directive 79/7/EEC on the progressive
implementation of the principle of equal treatment for
men and women in matters of social security, OJ No L
6, 10.01.79, p.24;
Council Directive 86/378/EEC on the implementation
of the principle of equal treatment for men and women
in occupational social security schemes, OJ No L 225,
 12.08.86, p.40;
Council Directive 86/613/EEC on the application of
the principle of equal treatment between men and
women engaged in an activity, including agriculture, in
a self-employed capacity, and on the protection of self-
employed women during pregnancy and motherhood,
OJ No L 359, 19.12.86, p.56;
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, OJ No
L 348, 28.11.92, p.l;
Council Recommendation of 13 December 1984 on the
promotion of positive action for women (84/63 5/EEC),
OJNoL 331, 19.12.84, p.34;
                                                  M
 ---pagebreak--- (5) continued
Council Recommendation of 31 March 1992 on child
care (92/241/EEC), OJ No L 123, 08.05.92, p. 16.
Council Resolution of 12 July 1982 on. the promotion
of equal opportunities for women, OJ No C 186,
21.07.82, p.3;
Council Resolution of 7 June 1984 on action to
combat unemployment amongst women, OJ No C
161, 21.06.84, p.4;
Resolution of the Council and of the Ministers for
Education, meeting within the Council of
3 June 1985 containing an action programme on
equal opportunities for girls and boys in education,
OJNo C 166, 05.07.85, p. 1;
Second Council Resolution of 24 July 1986 on the
promotion of equal opportunities for women, OJ No
C 203, 12.08.86, p.2;
Council Resolution of 16 December 1988 on the
reintegration and late integration of women into
working life, OJ No C 333, 28.12.88, p.l;
Council Resolution of 29 May 1990 on the protection
of the dignity of women and men at work, OJ No C
157, 27.06.90, p.3;
Council Resolution of 21 May 1991 on the third
medium-term Community action programme on equal
opportunities for women and men (1991-1995), OJ
No C 142, 31.05.91, p.l;
Council Resolution of 22 June 1994 on the promotion
of equal opportunities for women and men through
action by the European Structural Funds, OJ No C
231, 20.08.94, p.l;
Council Resolution of 27 March 1995 on the
balanced participation of women and men in
decision-making, OJ No L ...,         , p. ...
                                                 s~
 ---pagebreak--- Whereas the Council's Directives and measures in    Whereas the Council's Directives and measures
the field of equal opportunities for women and       in the field of equal treatment and opportunitties
men have played a major part in improving the        for women and men have played a major part in
situation for women;                                 improving the situation for women ;
Whereas equality for women and men is a basic       Whereas equal treatment and opportunities for
principle recognised by Community law;               women and men is a basic principle recognised
                                                     by Community law;
Whereas the Heads of States and Governments, Whereas the Heads of States and Governments,
meeting within the European Council at Essen on meeting within the European Council at Essen on
 10 and 11 December 1994, emphasized that 10 and 11 December 1994 and at Cannes on 26
equality of opportunities for women and men, and 27 June 1995. emphasized that equality of
together with the fight against unemployment, is opportunities for women and men, together with
a paramount task of the European Union and its the fight against unemployment, is a paramount
Member States;                                       task of the European Union and its Member
                                                     States;
Whereas in the White Paper on Growth,
Competitiveness        and Employment,        the
Commission underlines the need to strengthen
equal opportunities policies for women and men
in employment (6);
                                                     Whereas this programme must as a minimum
                                                     build on the perspectives laid out in the
                                                     conclusions, final declaration and action platform
                                                     from the World Conference on Women in
                                                     Beijing, and must be implemented as part of the
                                                     follow-up to the Beijing Conference
Whereas in the White Paper on European Social
Policy the Commission undertakes to present
during 1995 a fourth action programme on equal
opportunities for women and men, to come into
force in 1996 <7>;
Whereas the European Parliament has strongly
and repeatedly urged the Union to strengthen its
policy in the field of equal opportunities for
women and men («> ;
         Bulletin of the European Communities,
         Supplement 6/93.
(7)      COM (94) 333 of 27 July 1994.
(8)      Resolution on the evaluation of the Third
         Community action programme on equal
         opportunities for women and men and
         proposals for the Fourth Community action
         programme A4-0104/95 of 14 June 1995.
                                                  (o
 ---pagebreak---  Whereas the first three medium-term
 Community action programmes on equal
 opportunities for women and men (1982-1985,
 1986-1990, 1991-1995) have played an
 important role in improving the situation of
 women and in promoting cooperation at all
 levels in this respect;
 Whereas it is necessary to consolidate and build
 upon the results of the three programmes and
 whereas, despite the efforts made both at
 national and Community level, there is still
 gender bias, particularly with regard to
 employment and pay;
                                                   Whereas the increasing feminization of poverty
                                                   in the Member States of the European Union is
                                                   a worrying development which calls for
                                                   Community action alongside national
                                                   measures
Whereas boosting education and vocational
training and increasing the number of working
women can help to enhance the competitiveness
of the European economy;
                                                   Whereas access to education and vocational
                                                   training, and the promotion of a wider choice of
                                                   jobs for girls and women are vital if women are
                                                   to develop to the full their role in the economic,
                                                   social, political and cultural spheres and if they
                                                   are to be integrated into the labour market on an
                                                   equal footing ;
                                                   Whereas information and training on equal
                                                   treatment must be geared to specific national,
                                                   regioanl and local conditions and targeted at all
                                                   social players in accordance with social,
                                                   economic and cultural factors in order to
                                                   facilitate women's access to and use of
                                                   information and structures, which enable them to
                                                   exercise their rights to the full :
Whereas there is a need to develop measures
taking into account the social and economic
changes, and in particular to respond to changes
in family structures, in the roles of women and
men in society, in the organisation of working
life and in the demographic composition of
society;
                                                 Y
 ---pagebreak--- Whereas active partnership between the          Whereas active partnership needs to be
Commission, the Member States, the social       promoted in this area between Commission, the
partners and all other organisations concerned  national, regional and local authorities, the social
needs to be promoted in this area and synergy   partners, non-governmental organizations
between all the relevant policies and measures  concerned, including European women's
encouraged;                                     organizations, and all other relevant players in
                                                civil society ;
Whereas the present programme can, in           Whereas the present programme can, in
accordance with Article 3b of the Treaty, and   accordance with Article 3b of the Treaty, and
without prejudice to the competences of the     without prejudice to the competences of the
Member States for promoting equal               Member States for promoting equal
opportunities, bring Community added value by   opportunities and treatment, bring Community
identifying and stimulating good practice and   added value by identifying and stimulating good
policies, encouraging innovation and exchanging practice and policies, encouraging innovation
of relevant experience;                         and exchanging of relevant experience, not least
                                                with regard to positive action;
 Whereas the Treaty does not provide, for the
 adoption of the programme, powers others than
 those of article 235.
 ---pagebreak---                       Article 1
This Decision establishes the fourth medium-
term Community action programme on equal
opportunities for women and men (hereinafter
called the programme) for the period from
 1 January 1996 to 31 December 2000.
The programme is intended to promote
integration of equal opportunities in the process
of preparing, implementing and monitoring all
policies, measures and activities at Community,
national, regional and local level.
                      Article 2
The programme has the following six aims:
         to mobilise all the actors in economic
         and social life to promote equal
         opportunities;
         to promote equal opportunities in a
         changing economy;
         to encourage a policy to reconcile family
         and working life for women and men;
         to promote a gender balance in decision-
         making;
         to make conditions more conducive to
         exercising equality rights;
         to support implementation, monitoring
         and assessment of activities in order to
         achieve the above aims.
                                                  $
 ---pagebreak---                      Article 3
In order to achieve the aims set out in Article 2,
the following measures rrray be implemented,
enhanced and/or supported under the
programme:
a)       Methodological, technical and financial     (a) Methodological, technical and financial
support for integrated projects for identifying      support for integrated projects for identifying
and transferring good practice in the domains of     and transferring good practice in the economic,
the economy, enterprises and employment,             social and cultural domains, reconciling working
reconciling working and family life, and             and family life, and participation by women in
participation by women in decision-making.           decision-making.
b)       Setting up of facilities for observing and
monitoring relevant policies with regard to equal
opportunities and conducting of studies on all
the economic, social and legal issues arising in
connection with equal opportunities.
c)       Ongoing assessment of activities
undertaken under the programme.
d)       Implementation of any action designed       d)       Implementation and support of any
to promote the widest possible exchange of           action needed to promote the widest possible
information and dissemination of the acquis          exchange of information and dissemination of
communautaires on equal pay, equal treatment         the acquis communautaire on equal
and equal opportunities and the results of the       opportunities and the results of the programme's
programme's initiatives.                             initiatives, on the understanding that such
                                                     actions must take careful account of national,
                                                     regional and local differences in order to
                                                     maximise their impact.
                     Article 4
The Commission and the Member States shall
encourage consistency and complementarity
between the initiatives undertaken under the
present programme and under the Structural
Funds and other Community policies or activities,
including those concerning education and
vocational training.
                                                 AJO
 ---pagebreak---                       Article 5
The activities under the programme which will be
open to participants from the countries of the
European Economic Area, the countries of
Central and Eastern Europe, Cyprus and Malta
and the Union's partner countries in the
Mediterranean will be defined in the context of
the Union's relations with these countries.
                     Article 6
The Commission shall implement the programme         The Commission shall implement the
in accordance with this Decision. To this effect, it programme in accordance with this Decision. To
shall cooperate in a spirit of partnership with the  this effect, it shall cooperate in a spirit of
Member States.                                       partnership with players in civil society
                                                     involved in the promotion of equal opportunities
                                                     including non-governmental organisations active
                                                     at EU level, and the authorities of the Member
                                                     States.
                     Article 7
7.1     The Commission shall submit an interim
        report on the implementation of the
        programme to the European Parliament,
        the Council, the Economic and Social
        Committee and the Committee of Regions
        by 31 December 1998 at the latest.
7.2     The Commission shall submit a final
        report on implementation of the
        programme to the European Parliament,
        the Council, the Economic and Social
        Committee and the Committee of Regions
        by 31 December 2001 at the latest.
                     Article 8
This Decision shall be published in the Official
Journal of the European Communities.
                                               AA
 ---pagebreak---  ---pagebreak---                                                                  ISSN 0254-1475
                                                           COM(95) 602 final
                                             DOCUMENTS
EN                                                                      06 04
                                     Catalogue number : CB-CO-95-643-EN-C
                                                             ISBN 92-77-96994-6
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