CELEX: 52013PC0413
Language: en
Date: 2013-06-13
Title: Proposal for a COUNCIL DECISION amending Council Directive 2010/18/EU because of the change in status of Mayotte

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		52013PC0413
		
			Proposal for a COUNCIL DECISION amending Council Directive 2010/18/EU because of the change in status of Mayotte /* COM/2013/0413 final - 2013/0189 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
By Decision 2012/419/EU, the European Council
amended the status of Mayotte with regard to the European Union with effect
from 1 January 2014. Therefore, from this date, Mayotte will cease to be
an overseas territory and will become an outermost region of the Union within
the meaning of Articles 349 and 355(1) TFEU. Union law will apply to
Mayotte from 1 January 2014.
This proposal is in response to a request from
the French authorities for a modification of the Union acquis by way of
deferred implementation of Directive 2010/18/EU of 8 March 2010
implementing the revised Framework Agreement on parental leave concluded by
BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC. 
This request for postponement is objectively
justified in the light of the specific economic situation of the island of
Mayotte.
·              
The jobs market is underdeveloped and the
employment rate is low for an active population totalling 43 200 people. 
·              
15 % of total employment is still in
traditional industries (agricultural food production, crafts and small-scale
commerce), comprising subsistence activities.
·              
Per capita GDP is 30 % less than the EU
average. 
·              
The French authorities plan to increase social
rights gradually in order to avoid any economic destabilisation of the island.
The planned increase in contributions is therefore to be very slow, with the
alignment of contributions on those generally applicable to be staggered up to
2036. 
2.           RESULTS OF CONSULTATIONS
WITH INTERESTED PARTIES AND IMPACT ASSESSMENTS
The Commission has not carried out an impact
assessment. However, after examining various points and in particular France’s
request, the Commission has been in contact with the representatives of the
French authorities in order to better assess the reasons for the requested
postponement.
3.           LEGAL ELEMENTS OF THE
PROPOSAL
In accordance with Article 155(2) TFEU, the
Council has the power to adopt implementing measures for agreements concluded
at Union level between management and labour in the field of equal treatment
between men and women concerning labour market opportunities and equality at
work.
The French request for a deferred
implementation date of 31 December 2018 is justified in the light of the
specific economic situation of the new overseas department of Mayotte, which
calls for a progressive alignment of the legislation of Mayotte with French and
European legislation, together with a gradual increase in social rights, in
order to avoid any economic destabilisation of the island resulting from a
non-progressive increase in social rights and to ensure the gradual achievement
of equal treatment in the particular field of parental leave.
On this basis, it is proposed that Council
Directive 2010/18/EU of 8 March 2010 be amended to grant France a
deferment until 31 December 2018 for the implementation of the Directive
in Mayotte.
2013/0189 (NLE)
Proposal for a
COUNCIL DECISION
amending Council Directive 2010/18/EU
because of the change in status of Mayotte
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 155(2) thereof,
Having regard to the proposal from the
European Commission,
Whereas:
(1)       By Decision 2012/419/EU[1], the European Council decided
to amend the status of Mayotte with regard to the European Union with effect
from 1 January 2014. Therefore, from that date, Mayotte will cease to be
an overseas territory and will become an outermost region of the Union within
the meaning of Articles 349 and 355(1) of the Treaty. Union law will apply
to Mayotte from that date. Certain specific measures, justified by the
particular situation of Mayotte, should be established.
(2)       Considering the specific
economic and social situation of Mayotte, particularly the fact that the jobs
market is underdeveloped and the employment rate is low, an additional
implementation period for Council Directive 2010/18/EU of 8 March 2010
implementing the revised Framework Agreement on parental leave concluded by
BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC[2] is appropriate to ensure that
equal treatment in the particular field of parental leave is achieved
progressively and so as not to destabilise the economic development of the
island, which will allow this specific situation to be improved. 
(3)       Directive 2010/18/EU
should therefore be amended accordingly,
HAS
ADOPTED THIS DECISION:
Article 1
In Article 3(2) of Directive 2010/18/EU,
the following subparagraph is added: 
‘For the French overseas department of
Mayotte, the additional period referred to in the first subparagraph shall be
extended to 31 December 2018.’
Article 2
This
Decision is addressed to the French Republic.
Done at Brussels, 
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 204, 31.7.2012, p. 131.
[2]               OJ L 68, 18.3.2010, p. 13.