CELEX: 51987PC0494
Language: en
Date: 1987-10-23
Title: Proposal for a COUNCIL DIRECTIVE completing the implementation of the principle of equal treatment for men and women in statutory and occupational social security schemes (presented by the Commission)

ARCHIVES HISTORIQUES
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COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 494
Vol. 1987/0248
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Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(87 ) 494 final
                                               Brussels , 23 October 1987
                              Proposai for a
                            COUNCIL DIRECTIVE
 completing the implementation of the principle of equal treatment for
  men and women in statutory and occupational social security schemes
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C0M(87 ) 494 final
 ---pagebreak---                                         - 2 -
                                                                                H
                                   EXPLANATORY MEMORANDUM
 II . INTRODUCTION
       Directive 79 / 7 / EEC of 19.12.1978 ( 1 ) concerns the progressive implemen¬
tation of the principle of equal treatment for men and women in matters of
social security . The term progressive means that this Directive represents
only the first step in the process of achieving equal treatment , for it takes
account only of statutory social security schemes ( thus excluding occupational
schemes ) and , even restricted to these statutory schemes , the scope of the
Directive provides for numerous exceptions . Thus , Article 3(2 ) formally
excludes survivors benefits and family benefits , while Article 7 gives Member
States the right to exclude certain specified instances of differences in
treatment , the most familiar being pensionable age .
       A second step was then taken with Directive 86 / 378 / EEC of 24 July 1986 ( 2 )
on the implementation of the principle of equal treatment for men and women in
occupational social security schemes , which for its part provisionally allows
to continue certain differences in treatment which are partly based on those
in Directive 79 / 7 / EEC and which may not extend beyond the corresponding
exceptions in Directive 79 / 7 / EEC .
       In accordance with the Community action programme 1986-90 on equal
opportunities for women ( 3 ), the main guidelines of which were adopted by the
Council in its Resolutions of 24 July 1986 ( 4 ) and 22 December 1986 ( 5 ), this
proposal for a Directive constitutes a third and final step , which covers all
problems not settled by the two previous Directives and thus completes the
implementation of the principle of equal treatment in matters of social security .
       The substantive scope of the new proposal thus extends to benefits
previously excluded and to the exceptions provisionally authorized in the
preceding Directives .
       As regards its scope in relation to persons , it goes beyond that of the
two previous Directives because of the nature of the benefits that the
Directive has to cover ( family benefits , survivors' benefits ) to members of
family , survivors and other dependants .
       The result is that the principle of equal treatment for men and women ,
as defined in Article 4 of Directive 79 / 7 / EEC and Article 5(1 ) of Directive
86 / 378 / EEC , has now been extended to these various provisions . As these matters
were particularly difficult it was considered necessary to set out the rules to
be applied in greater detail than in Directive 79 / 7/ EEC in order to eliminate
existing instances of discrimination .
(1 )   0J L 6 , 10.01.79, page 24 .
(2 )   0J L 225 , 12.08.86, page 40 as corrected by L 283 , 04.10.86 , page 27 .
(3)    Bulletin of the European Communities-Supplement 3 / 86 , page 2 .
(4 )   0J C 203 , 12.08.86 , page 2 .
(5)    0J C 340, 31.12.86 , page 4 .
 ---pagebreak---                                   - 3 -
       These rules , which are examined in detail below , have three underlying
aims :
1.    to update the principle of equal treatment while respecting the right .
      of States to choose the means of implementing it , wherever different •
      solutions could reasonably be considered ;
2.    to guarantee that the measures to be taken do not harm the persons
      concerned , either directly or indirectly , by excluding equality of
      treatment where it would be to their disadvantage and by arranging the
      necessary transitional period ;
3.    to promote individual entitlement as an alternative to the extension
      of derived rights , in so far as this arrangement , because it does not
      make cover dependent on the existence of legal relationships between
      spouses , does not subject that cover to the vicissitudes which these
      relationships may experience and is therefore more satisfactory .
       A period of three years is laid down, to eliminate differences in treatment ,
subject to certain temporary guarantees whose aim is to preserve acquired rights .
       This Directive completes the programme of equal treatment for men and
women in matters of social security . Announced by Directive 76 / 207 / EEC on the
implementation on the principle of equal treatment for men and women as regards
access to employment , vocational training and promotion , and working conditions ,
it rounds off the set of legal measures which gives full effect to a general
principle of Community Law which , going beyond Article 119 of the Treaty , covers
the whole field of social legislation .
  II . COMMENTS ON THE ARTICLES
       Article 1
       This Article specifies the object of the Directive , which is to complement
the previous Directives so as to implement fully the principle of equal treatment
in matters of social security . This objective does not necessarily imply indi ¬
vidual entitlements . However , the granting of personal rights to each spouse is
seen as an advantageous solution , particularly in the long term , in so far as
the protection it provides is not affected by the vicissitudes of married life
( particularly the break up of the marriage ). For this reason , individual
entitlement has been adopted as one of the means of achieving equal treatment
( cf . Articles 4 and 11 in particular ).
 ---pagebreak---                                     - 4 -
        Artide 2
        As with previous equal treatment Directives , the Directive applies to
members ( or even potential members ) of the working population , i.e. employees
or the self-employed , but also those workers who are ill , retired , unemployed ,-
disabled , etc . However , the nature of the benefits that the Directive has to
cover ( family benefits , survivors' beneftis , etc .) means that its scope has to be
extended to members of the family , survivors and other dependants .
        Article 3
        This Article defines the substantive scope . It extends to all matters not
covered by the previous Directives on equal treatment in matters of social
security . These matters are specified in the following articles .
I.     Survivors' benefits
Articles 4 to 6 are specifically intended to complete the implementation of the
principle of equal treatment with regard to survivors' benefits , under both
statutory and occupational schemes .
        Article 4
      . Article 4 concerns surviving spouses . Two alternatives are put forward
with a view to guaranteeing equal treatment under statutory or occupational
schemes :
( a ) granting the same rights to a pension ( or other benefit ) to each spouse
in the event of the death of the other . This means that a widower is granted the
survivor 's pension which is often restricted to widows . Such a solution implies
a revision of the conditions for granting the pensions or benefits as well as
the possibilities of drawing them concurrently with wages or other social
benefits , with a view to equal treatment .
( b ) replacing a system of derived rights ( as is the surviving spouse 's pension )
with a system of personal entitlements , enabling the persons concerned tp be
guaranteed appropriate cover under the conditions laid down in Article 11 .
       It should be pointed out in connection with this article that according to
the Court of Justice , equal treatment of surviving spouses is a fundamental
principle of Community law ( Judgment of 02.03.1984 in Cases 75 / 82 and 117/ 82
- Razzouk and Beydoun ). It is therefore essential that the principles should
be implemented in full in the substantive law applicable to the Member States
and in their national law .
       Article 5
       This Article , which concerns orphans , states that the principle of equal
treatment will have to be applied to the benefits granted to them , it being
understood that differences in treatment both between orphans who have lost
their father and those who have lost their mother and between male and female
orphans will have to be eliminated .
 ---pagebreak---                                     - 5 -
      Artide 6
      This Article concerns the benefits existing under certain laws for
survivors other than the spouse or children . These benefits must also be
granted without discrimination on the grounds of sex .
II .  Fami ly benefits
Article 7 ( 1 ) covers :
- Family benefits for the maintenance of children . The principle that there
   should be no discrimination on grounds of sex must apply as regards both
   the parents and the children for whom the benefits are granted , provided
   of course that the statutory conditions have been satisfied . This is the
   object of paragraph 1(a ) of this Article .
- Benefits for the parents themselves ( allowance intended to top up wages ,
   parental leave allowance , allowance for isngle parent families or for parents
   who have been left by their spouses , etc .) ( paragraph 1(b )).
Paragraph 2 regulates in the same way the situation of couples who have
dependent children of whom they are not the legal parents .
Paragraph 3 seeks to determine which parent will receive the benefits . Where
the parents live together , there is no overriding reason to give preference to
one or other of the parents . For this reason , the Directive allows them to
choose . Where they do not exercise this option , the mother will receive the
benefits , in the presumed interest of the child . On the other hand , in the event
of the divorce or separation of the parents , the interests of the child dictate
that benefits should be paid to the parent bringing up the child , unless this
is opposed by the other parent .
      Article 8
      This Article concerns the benefits granted in respect of adult dependents .
In this case , these benefits must be granted without discrimination on grounds
of sex . As regards adult dependents , the wording adopted reiterates that there
should be neither direct nor indirect discrimination . The latter could result
among other things from the granting of benefits for " dependent spouse ", a
concept which is apparently neutral but which , in fact , refers to the wife ,
since husbands are very rarely dependent on their wives .
III . Extension of the principle of equal treatment to areas where its implemen ¬
      tation could be excluded or postponed under Article 7(1 ) ( a ) to ( d ) of
      Directive 79 / 7 / EEC and Article 9(a ) and ( b ) of Directive 86 / 378 / EEC
Articles 9 and 10 extend the principle of equal treatment to a number of areas
which , under Article 7 of Directive 79 / 7/ EEC , Member States were allowed to
exclude from the scope of that Directive .
 ---pagebreak---                                      - 6 -
     Artide 9
     This Article lays down the principle of equal pensionable age for the
purposes of granting old age or retirement pensions . This principle, which is
already established in a number of Member States as regards the statutory
pensionable age ( Denmark , Spain , France , Ireland , Netherlands ), means that
provisions laying down a specific pensionable age for women or perhaps certain
categories of women ( married women or mothers ) must be abolished in both
statutory and occupational schemes .
Article 9 puts forward alternative proposals for achieving this objective .
The first type of solution adopts a uniform age for men and women . As the fixing
of that age could lead to a reduction or increase in the age previously in force
for workers of a given sec , it was considered necessary to introduce temporary
safeguards for those who , having already reached a certain age close to
retirement , would like to maintain the status quo . In addition , progressive
implementation is planned to ease the transition .
The second type ( paragraph 3 ) allows the persons concerned themselves to choose
their retirement age during a specified period (" flexible retirement "). The
conditions , particularly with regard to the number of contribution years , must
be identical for both sexes . It will be noted that the laws of some Member States
provide for pension rights , regardless of age , provided that a given number of
contribution years can be proved . This so-called seniority pension also conforms
in full to the principle of equal treatment . It completely eliminates the
problem of retirement age .
     Article 10
     Paragraph 1 of this Article corresponds to point ( b ) of Article 7 of
Directive 79 / 7 / EEC . All discrimination must now be abolished as regards the
advantages or rights in respect of old age pension insurance following periods
of interruption of employment due to the bringing up of children . As regards
paragraph 2 and in order to avoid indirect discrimination taking the place of
direct discriminsation , the solution adopted is to prohibit these provisions
in future , subject to the maintenance of acquired entitlements for the ( dependent )
spouse who has not been able to establish , by the date on which the Directive
takes effect , their own right to benefit .
     Article 7 of Directive 79 / 7 / EEC also contains a point ( e ) relating to the
consequences of a provision which has been abolished . There is no need to come
back to this question , since the disputed provision has been deleted .
 ---pagebreak---                                   - 7 -
       Artide 11
       Some national laws extend to the spouse of the insured person the right
to social security benefits by virtue of the legal ties between the two spouses .
These are referred to as derived entitlements as opposed to the personal rights
acquired by the insured persons themselves . The principle of equal treatment
requires derived rights to be granted without discrimination on grounds of sex .
Nevertheless , it is clear that a breach of the marital relationship could
endanger the very existence of derived rights and that for this reason a system
of personal rights provides better guarantees for the social protection of
spouses . The object of Article 11 is to enable the Member States to abolish the
system of derived entitlements - which is particularly widespread with regard
to benefits for surviving spouses - by extending the scope of personal rights .
This concerns individual guarantees of protection in the event of sickness , old
age and death , guarantees which are specified in this Article . In the event of
the death of the spouse , in particular , the Directive provides for a right to
financial assistance in the years preceding the age of entitlement to the old age
pension and the right to temporary special measures in the event of the early
death of the spouse .
       Article 12
       In order to avoid any uncertainty,' it was felt that the substantive scope
of the preceding provisions should be specified in this Directive in order to
reinforce the idea that it complements everything already in existence for
these two types of social security .
       Article 13
       This Article lays down that Member States should take the measures
necessary to apply the Directive . In order to avoid any ambiguity or omission
and to give a precise indication of the obligations of the Member States , this
Article refers to all the relevant provisions in the other Directives . Thus , it
extends the following principles to the matters covered by this Directive :
- " Member States shall take the measures necessary to ensure that any laws ,
  regulations and administrative provisions contrary to the principle of equal
  treatment are abolished " ( Article 5 of Directive 79 / 7 / EEC )
- " Member States shall introduce into their national legal systems such measures
  as are necessary to enable all persons who consider themselves injured by
  failure to apply the principle of equal treatment to pursue their claims
  before the Courts , possibly after bringing the matters before other competent
  authorities " ( Article 6 of Directive 79 / 7 / EEC and Article 10 of Directive
  86 / 378 / EEC )
- "Member States shall take all necessary steps to ensure that :
  ( a ) provisions contrary to the principle of equal treatment in legally
        compulsory collective agreements , staff rules and undertakings or any
        other arrangements relating to occupational schemes are null and void , or
        may be declared null and void or amended;
 ---pagebreak---                                     - 8 -
  ( b ) schemes containing such provisions may not be approved or extended by
        administrative measures " ( Article 7 of Directive 86 / 378 / EEC )
- " Member States shall take all the necessary steps to protect workers against
  dismissal where this constitutes a response on the part of the employer to a
  complaint made at undertaking level or to the institution of legal proceedings
  aimed at enforcing compliance with the principle of equal treatment "
  ( Article 11 of Directive 86 / 378 / EEC ).
       It also lays down , with respect to the application of the principle of
equal treatment to surviving spouses' benefits and the pensionable age , that the
Directive cannot be invoked in respect of applications submitted before the
date on which it takes effect . The aim is to avoid a retroactive review of all
pension cases .
       Article 14
       This Article stipulates the period for implementing the Directive , which
is three years from the date of its notification .
       Article 15
       This Article states that the Commission will draw up a report for the
Council on the application of this Directive .
       Article 16
       This Directive is addressed to the Member States
 ---pagebreak---                                         Proposai for a
                                      COUNCIL DIRECTIVE
           completing the implementation of the principle of equal treatment for
           men and women in statutory and occupational social security schemes
                            THE COUNCIL OF THE EUROPEAN COMMUNITIES
           Having regard to the Treaty establishing the European Economic Community ,
           and in particular Articles 100 and 235 thereof
           Having regard to the proposal from the Commission ( 1 )
            Having regard to the opinion of the European Parliament ( 2 )
           Having regard to the opinion of the Economic and Social Committee ( 3 )
( 1 ) 0J C
( 2 ) 0J C
( 3 ) 0J C
 ---pagebreak---                                            - 2 -
Whereas Article 3 ( 2 ) of Council Directive 79 / 7 / EEC of 19 December 1978 on
the progressive implementation of the principle of equal treatment for men
and women in matters of social security ( 4 )       states  that the Directive
does not apply to the provisions concerning survivors' benefits or to
those concerning family benefits ; whereas Article 7 ( 1 ) specifies that the
Directive          is    without prejudice to the right of Member States to
exclude from its scope a number of specified provisions ;
Whereas Article 4 of Council Directive 86 / 378 / EEC of 24 July 1986 on the
implementation of the principle of equal treatment for men and women in
occupational social security schemes ( 5 ) limits the number of risks covered
in respect of self-employed persons ; whereas Article 9 of that Directive
provides that           Member States may defer its application as regards
determination of pensionable age and survivors' pensions ;
Whereas on 24 July 1986 the Council adopted a resolution on the promotion
of equal opportunities for women ( 6 ) wherein it in particular          gives its
support to the main lines of the Commission Communication concerning a new
medium-term programme promoting equal opportunities for women 1986-90 ( 7 );
whereas this programme in particular envisages the proposal of a new legal
instrument to supplement existing provisions in areas not covered by current
legislation with a view to the gradual individualization of entitlements ;
Whereas by its Resolution of 22 December 1986 < 8)on enaction programme on
employment growth the Counci l reiterated at paragraph II ( 2 ) ( f ) its wish to bring
about an increase inthe equality of access to , and of opportunity within , the labour market
for women , especially through implementation of the Community medium-term
programme 1986-90 ;
(4)    0J L 6 , 10.1.1979 , p. 24
(5)    0J L 225, 12.8.1986 , p. 40
(6)    0J C / 203 , 12.8.1986 , p. 2
( 7)   EC Bulletin Supplement 3 / 86
 ( 8 ) 0J C 340 , 31.12.1986, p. 2 .
 ---pagebreak---                                         - з -
Whereas Article 9(a ) and ( b ) of Directive 86 / 378 / EEC envisages the adoption of
a subsequent Directive to terminate the derogations authorized therein ;
Whereas it is appropriate to implement the principle of equal treatment in
areas where application of Directives 79 / 7 / EEC and 86 / 378 / EEC is or may be
excluded or deferred , in order to achieve total elimination of discrimination
on grounds of sex in respect of social security ; whereas arrangements for
this purpose should be laid down ;
Whereas implementation of the principle of equal treatment as regards social
security should not prejudice the provisions relating to the protection of
women by reason of maternity ;
Whereas equal treatment of male and female workers constitutes one of the
Community 's objectives , necessitating in particular the achievement of
equality as regards the conditions of coverage by statutory and occupational
social security schemes whilst maintaining the improvement of such
conditions ;
Whereas it is appropriate to select from the means available to achieve this
aim those which particularly tend to promote the individualization of
entit lements ;
Whereas achievement of this aim should be accompanied by 'transitional measures
designed to protect certain categories of holders of existing entitlements ;
Whereas there are broad overlapping areas in statutory and occupational
schemes ; whereas Directives 79 / 7 / EEC and 86 / 378 / EEC take account of this ;
whereas as a consequence it is appropriate to take simultaneous action in
respect of both these areas by means of a single legislative act ;
 ---pagebreak---                                          - 4 -
                               HAS ADOPTED THIS DIRECTIVE :
                                        Article 1
1 . The aim of this Di rective is to complete , in the areas specified in Article 3,
    the implementation of the principle of equal treatment for men and women in
    matters of social security as defined in Article 4 of Directive 79 / 7 / EEC
    and Article 5(1 ) of Directive 8 6 / 378 / EEC , hereinafter referred to as " the
    principle of equal treatment ".
2 . This Directive shall be without prejudice to the provisions relating to the
    protection of women by reason of maternity .
                                        Artide 2
    This Directive shall apply to :
    ( a ) the working population ( including self-employed persons , workers whose
           activity is interrupted by illness , maternity , accident or involuntary
           unemployment and persons seeking employment );
     ( b ) retired workers ;
     ( c ) disabled workers ;
     (d) members of the family, survivors and other persons dependent on those
           referred to under ( a ) ( b ) and ( c ), these categories of persons to be
           defined by the Member States' national legislation .
                                        Article 3
    Under the conditions laid down by           this  Directive ,
    the principle of equal treatment shall be extended to :
     ( a ) the provisions of statutory schemes concerning survivors' benefits and
           f ami ly benefits ;
 ---pagebreak--- ( b ) the corresponding provisions of occupational schemes ( including those
      concerning the family benefits of occupational schemes for self-
      employed workers );
( c ) the areas in which implementation of the principle of equal treatment
      may be excluded or deferred         pursuant to :
      (i )   Article 7(1 ) ( a ) to ( d ) of Directive 79 / 7 / EEC ;
      ( ii ) Article 9(a ) of Directive 86 / 378 / EEC ;
( d ) the provisions concerning social assistance , where they are
      intended to supplement the benefits referred to under ( a ) or
      ( c)(i ) or to replace them .
Survivors' benefits
Surviving spouse 's benefits
                                  Article 4
The principle of equal treatment means , as regards surviving spouse 's
benefits , that there shall be no discrimination on grounds of sex and to
this end :
( a ) either the recognition on the same terms for widowers of entitlement to the
      pensions and other benefits provided for widows ;
( b ) or the replacement of widows' benefits by the creatipn or extension of
      a system of individual rights open to all surviving spouses regardless
      of sex .
Orphans' benefits
                                  Article 5
The principle of equal treatment means with regard to orphans' benefits that
there shall be no discrimination on the grounds of the sex of :
( a ) the deceased parent , or
( b ) the orphan .
 ---pagebreak---                                          - 6 -
     Other survivors' benefits
                                      Article 6
     The principle of equal treatment means with regard to other survivors'
     benefits that there shall be no discrimination on the grounds of the sex
     of :
     ( a ) the deceased person , or
     ( b ) the survivor .
II . Family benefits
     Child benefit and birth or adoption grant
                                      Article 7
     1.    The principle of equal treatment means that there shall be no
           discrimination on grounds of sex with regard to :
           ( a ) chi Id benefit ,
           ( b ) benefits introduced to assist parents to assume their parental
                 responsibi lities .
      2 . The principle of equal treatment thus completed in this area shall
           apply both to natural parents and other persons responsible for a
           child and thus meeting the conditions ( other than those which are
           incompatible with this principle ) laid down for the grant of benefits
            referred to in paragraph 1 .
       3 . Unless there is statutory provision for parents to share entitlement ,
           benefits shall be paid without discrimination to one or other parent .
           Accordingly :
           - where parents are living together , benefits shall be paid to the
               mother only if the parents have not exercised their option of
               specifying which of them shall receive the benefits ;
           - in case of divorce or separation , benefits shall be paid to the
               parent who is actually taking care of the child .
 ---pagebreak---                                            7
      Benefits for dépendent adults
                                     Article 8
      The principle of equal treatment means with regard to benefits for dependent
      adults that there shall be no discrimination on the grounds of the sex of :
      ( a ) the dépendent adult ,
      Cb ) the person caring for the dependent adult .
III . Extension of the principle of equal treatment to areas where its implemen ¬
      tation might be excluded or deferred       under Article 7(1)(a ) to ( d ) of
      Directive 79 / 7 / EEC and Article 9(a ) of Directive 86 / 378 / EEC
      Reti rement âge
                                     Article 9
      1.    Without prejudice to the transitional provisions in paragraph 2
            and in Article 10 , when a pensionable age is determined for
            the purpose of granting old age and retirement pensions it shall be
            identical for both sexes .
      2.    If fixing an identical pensionable age leads to a reduction or increase in
            that age for workers of a given sex , provision shall be
            made for gradual implementation and for temporary safeguards for workers
            having reached the specified age , enabling them if they so wish to claim
            their pension at the age previously prescribed .
      3.    In the case of schemes which do not specify the pensionable age , the
            principle of equal treatment shall     be deemed to have been complied with
            where :
            ( a ) within specified limits, the choice of age is left to the beneficiaries
                  who meet the prescribed conditions , which must be identical for both
                  sexes ; or
            ( b ) the entitlement to the pension or other benefit depends solely on the
                  completion of a given number of contribution years , which is identical
                  for both sexes .
 ---pagebreak---                                     - 8 -
                                 Article 10
1 . There shall be no discrimination as regards the advantages in respect
      of old age pension schemes granted to persons who have brought up
      children , or as regards the acquisition of benefit entitlements
      following periods of interruption of employment due to the bringing-up of
      children, provided that such persons have actually interrupted their
      employment for that purpose .
 2 . The granting of old age or invalidity benefit entitlements by virtue of
      the derived entitlements of a spouse , or the granting of increases in
      long-term benefits in respect of invalidity , old age , accidents at work
      and occupational disease- for a dependent spouse shall be authorized
      solely in the case of those spouses who on the date when this Directive
      comes into effect have not constituted their own personal entitlements
      to these benefits .
General and final provisions
                                 Article 11
This Directive shall be without prejudice to the right of Member States to
replace a system of derived rights granting          to the insured person 's spouse
entitlement to social security benefits as referred to in Directives 79/7 / EEC
and 86 / 378 and this Directive by reason of his or her legal links with the insured person
with a system establishing personal entitlements , granted to all beneficiaries
individually, to the following benefits :
- in case of sickness , health service care ;
- in old age , entitlement to a full pension ;
- in the event of the death of a spouse, entitlement of the survivor to financial
    assistance for reasons of health or social situation in the years preceding the
    age at which the survivor is entitled to an old age pension , as well as
    temporary benefits in the case of early death leaving the surviving spouse
    with a dependent child or children .
 ---pagebreak---                                      - 9 -
                                  Article 12
Without prejudice to the application of Articles 9(2 ) and 10(2 ) of this
Directive , Directives 79/ 7 / EEC and 86 / 378/ EEC shall take effect within the
fields covered by this Directive on the date set for the implementation of the
latter , subject to the following amendments :
( a ) in Directive 79 / 7 / EEC :
         ( i ) Article 3(2 ) is deleted ;
       ( ii ) in Artide 7 ( 1 ) paragraphs ( a ) to (d ) are deleted ;
(b ) in Article 9 of Directive 86 /378 , paragraphs ( a ) and (b) are deleted .
                                   Article 13
1 . Articles 5 and 6. of Directive 79 / 7 / EEC and Articles 7 , 10 and 11 of Directive
     86 / 378 / EEC shall apply to the matters covered by this Directive .
2 . With respect to application of the principle of equal treatment to
     benefits of the surviving spouse or the pensionable age , the Directive
     may not be relied upon in respect of applications submitted before the date
     of its implémentation .
                                   Article 14
1 . Subject to Articles 8 and 9 ( c ) of Directive 86 / 378 / EEC , Member
     States shall bring into force the laws , regulations and administrative
     provisions necessary to comply with this Directive within three years
                                                                     »
     of its notification . They shall immediately inform the Commission
     thereof .
2 . Member States shall communicate to the Commission the text of the laws ,
      regulations and administrative provisions which they adopt in the field
      covered by this Directive .
 ---pagebreak---                                 - 10 -
                            Artide 15
Within four years of the date of notification of this Directive , Member States shall
forward all necessary information to the Commission to enable it to draw
up a report on the application of this Directive for submission to the           ' '
Counci l .
                            Article 16
This Directive is addressed to the Member States .
Done at Brussels ,                                    For the Council
 ---pagebreak---                  FICHE  D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
I. Quelle est la justification principale de La mesure ?
    Achèvement de la mise en oeuvre progressive du principe de l' égalité de
    traitement entre hommes et femmes en matière de sécurité sociale ( Troisième
    Directive dans     ce  domaine ).
II . Quelles sont les obligations imposées directement aux entreprises ?
      Aucune .
III . Quelles sont les obligations susceptibles d' être imposées indirectement
       aux entreprises via les autorités locales ?
       Aucune .
IV . Y a - t - il des mesures spéciales pour les PME ?
      Non .
V. Quel est l' effet prévisible ?
    - sur la compétitivité des entreprises ? -
       Les effets seront fonction des choix faits par les Etats membres en matière
       de financement de la sécurité sociale . Si les charges pour l' économie qui
       résulteront de la mise en oeuvre de cette directive ( notamment égalisation de
       l' âge de la retraite pour les hommes et pour les femmes ) étaient également
       mises sous forme d' augmentation des cotisations ou d' impôts indirects - à la
       charge de toutes les entreprises - il y aurait des conséquences pour les
       petites et moyennes entreprises - à forte intensité de main d' oeuvre - sauf
       si des mesures spécifiques d' allègement étaient adoptées pour ce type
       d' entreprises .                                           ,
    - sur l' emploi ?
       La Directive laisse une marge de manoeuvre aux Etats membres . La réponse
       précédant reste valable pour l' essentiel .
VI . Les partenaires sociaux ont -ils été consultés ?
      Oui , dans le cadre du Comité consultatif pour l' égalité de chances entre
      hommes et femmes .
      - avis des partenaires sociaux ?
         Favorable .