CELEX: 51993PC0106
Language: en
Date: 1993-03-19
Title: Proposal for a COUNCIL REGULATION (Euratom, ECSC, EEC) amending the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities in respect of equal treatment of men and women

COMMISSION OF THE EUROPEAN COMMUNITIES
                                      COM(93) 106 final
                                      Brussels, 19 March 1993
                        Proposal for a
          COUNCIL REGULATION (Euratom, ECSC, EEC)
    amending the Staff Regulations of Officials and the
     Conditions of Employment of Other Servants of the
          European Communities in respect of equal
                 treatment of men and women
                (presented by the Commission)
 ---pagebreak---                                              EXPLANATORY       MEMORANDUM
The p r i n c i p l e      of equal         treatient       of «en and      wonen,    which   has been     the
subject          of     a    number       of    Community        Instruments,       notably    the    Council
Directive            of    9   February         1976,      is   one    that   governs     the    actions    of
Community            Institutions          both     In    their    Internal     operation    and    in   their
d e a l i n g s with the o u t s i d e         world.
There        is, n e v e r t h e l e s s , a clear need to write the p r i n c i p l e           itself   into
the Staff R e g u l a t i o n s of O f f i c i a l s and C o n d i t i o n s of E m p l o y m e n t of Other
Servants           of    the    European         Communities        as   one   of   their   basic     tenets,
rather         than      just    apply       It   in    the   matter    of   recruitment,      and   to   make
clear        and    specific        provision        that, should       de   facto    inequalities      become
apparent            In    the     Community's           public     service,      the    institutions      will
d e t e r m i n e , by a g r e e m e n t , p o s i t i v e action to be taken         in favour of w o m e n .
The      purpose        of    this       proposal       is to     incorporate      these   changes     in  the
instruments            in q u e s t i o n .
 ---pagebreak---                                  PROPOSAL FOR A
             COUNCIL REGULATION (Euratom. ECSC. EEC) No
                                  of
amending   the   Staff   Regulations   of  Officials   and   the    Conditions   of
Employment of Other Servants of the European Communities             In respect of
equal treatment of men and women
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
                                                                                    t
Having regard to the Treaty establishing a Single Council and a Single
Commission   of   the  European  Communities, and    In particular      Article 24
thereof,
Having regard to the proposal from the Commission, made after consulting
the Staff Regulations Committee, 1
Having regard to the opinion of the European Parliament, 2
Having regard to the opinion of the Court of J u s t i c e , 3
Whereas  the   principle   of  equal  treatment  of  men   and   women   should  be
included  among    the basic  tenets   set out  In the Staff      Regulations   and
Conditions of Employment applying to the Community's public service, and
not only in the matter of recruitment;
Whereas the    institutions should be required to determine, by agreement,
positive actions to promote equal opportunities for women and men In the
areas covered by the Staff Regulations and the Conditions of Employment
of Other Servants,
HAS ADOPTED THIS REGULATION
 ---pagebreak---                                                     ARTICLE 1
The   Staff     Regulations               of   Officials        of   the   European          Communities      are
amended as fo I lows:
1.  The f o l l o w i n g A r t i c l e      is Inserted after A r t i c l e 5:
    Art icle 5a:
     1.   O f f i c i a l s shall be entitled to equal treatment under these Staff
          Regulations               without      reference,         direct      or      indirect,     to    race,
          political,               philosophical        or      religious        beliefs,       sex,     marital
          status         or      family      situation,       without     prejudice          to  the   specific
          rules g o v e r n i n g p r e g n a n c y and         maternity.
    2.    The      i n s t i t u t i o n s shall d e t e r m i n e , by a g r e e m e n t , after    consulting
          the Staff R e g u l a t i o n s C o m m i t t e e , m e a s u r e s and a c t i o n s to p r o m o t e
          equal         opportunities             for    women       and    men       by     redressing      such
          de facto            inequalities         as hamper        opportunities           for women     In the
          areas        covered           by  these   Staff      Regulations,          and    shall   adopt    the
          appropriate              provisions.
2.  The second p a r a g r a p h of A r t i c l e 27 is repealed
 ---pagebreak---                                                           ARTICLE 2
The       Conditions                of   Employment          of    Other     Servants          of       the     European
C o m m u n i t i e s are amended as f o l l o w s :
          The first p a r a g r a p h of Article 10 is replaced by the f o l l o w i n g :
                     " A r t i c l e 5 ( 1 ) , (2) and ( 4 ) , Article 5a              and      A r t i c l e 7 of   the
                    Staff         Regulations,        concerning        the c l a s s i f i c a t i o n    of  posts  in
                    categories,             services        and    grades,      equal       treatment          and   the
                    a s s i g n m e n t of o f f i c i a l s to p o s t s , shall apply by a n a l o g y . "
          The second s u b p a r a g r a p h of Article 12(1) Is r e p e a l e d .
          The following                is added to Article 53:
                     "Article 5a             of   the        Staff    Regulations,             concerning          equal
                    treatment of o f f i c i a l s , shall apply by a n a l o g y . "
          Article 83 is replaced by the                         following:
                     "Article 5a,            Article 11,         the   first     paragraph           of     Article 12,
                    Article 14, the first p a r a g r a p h of Article 16, A r t i c l e s 17, 19
                    and 2 2 , the first and second p a r a g r a p h s of A r t i c l e 23 and the
                    second           paragraph      of      Article 25       of   the       Staff         Regulations,
                    concerning            the    rights        and    obligations           of      officials,       and
                    • r t t c t e s 90       and 91       of    the    Staff      Regulation»,               concerning,
                    a p p e a l s , shall a p p l y by a n a l o g y . "
 ---pagebreak---                                      6
                                  ARTICLE 3
This  Regulation     shall  enter into  force on  the  day  following Its
publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable
In all Member S t a t e s .
Done at Brussels,                             For the CounciI
                                              The President
 ---pagebreak---                                         -3-                          BSN 0254-1475
                                                              COM(93) 106 final
                                                      DOCUMENTS
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                                Catalogue number : CB-CO-93-128-EN-C
                                                             ISBN 92-77-53787-6
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