CELEX: 51996PC0093
Language: en
Date: 1996-03-27
Title: Proposal for a COUNCIL DIRECTIVE amending 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

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51996PC0093

Proposal for a COUNCIL DIRECTIVE amending 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  /* COM/96/0093 FINAL - CNS 96/0095 */  

Official Journal C 179 , 22/06/1996 P. 0008

Proposal for a Council Directive amending 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(96/C  179/07)(Text with EEA  relevance)COM(96) 93 final - 96/0095(CNS)(Submitted by the Commission on 2 May  1996)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, Having regard to the opinion of the European Parliament, Having regard to the opinion of the Economic and Social Committee, Whereas Article 2 (4) of Council Directive 76/207/EEC  (1) states that 'this Directive shall be  without prejudice to measures to promote equal opportunity for men and women, in particular by  removing existing inequalities which affect women's opportunities in the areas referred to in  Article 1  (1)`, Whereas the Member States have undertaken various forms of positive action in order to achieve the  implementation of the principle of equal treatment for men and women in respect of access to  employment and vocational training and promotion, as well as in respect of working conditions; Whereas in the light of the case-law of the Court of Justice of the European Communities, notably  in its judgment of 17 October 1995 in Case C-450/93 (Kalanke v. Freie Hansestadt Bremen)  (2)  concerning Article 2 (4) of Directive 76/207/EEC, positive action measures may favour the access of  the under-represented sex to employment, appointment and promotion to particular posts, including  the giving of preference to the under-represented sex, provided that any system providing for such  preference allows account to be taken of the particular circumstances in a given case; Whereas it is appropriate to clarify Article 2 (4) of Directive 76/207/EEC in a manner consistent  with the case-law; Whereas positive action measures should be capable of benefiting members of whichever sex is  under-represented in a given sector or level of employment; Whereas the Treaty provides no powers other than those in Article 235 for the adoption of this  Directive, HAS ADOPTED THIS DIRECTIVE: Article 1 Article 2 (4) of Directive 76/207/EEC is replaced by the following: '4.  This Directive shall be without prejudice to measures to promote equal opportunity for men and  women, in particular by removing existing inequalities which affect the opportunities of the  under-represented sex in the areas referred to in Article 1 (1). Possible measures shall include  the giving of preference, as regards access to employment or promotion, to a member of the  under-represented sex, provided that such measures do not preclude the assessment of the particular  circumstances of an individual case.`Article 2 Member States shall bring into force the laws,  regulations and administrative provisions necessary to comply with this Directive by 1  December  1998 at the latest or will ensure by that date at the latest that management and labour have  introduced the necessary measures by agreement, the Member States being required to take any  necessary measure enabling them at any time to be in a position to guarantee the results imposed by  this Directive. They shall immediately inform the Commission thereof. When Member States adopt these provisions, these shall contain a reference to this Directive or  shall be accompanied by such reference at the time of their official publication. The procedure for  such reference shall be adopted by Member States. Article 3 This Directive shall enter into force on the 20th day following its publication in the  Official Journal of the European Communities. Article 4 This Directive is addressed to the Member States. (1) OJ No L 39, 14. 2. 1976, p. 40.  (2) [1995] ECR I, p. 3051.