CELEX: 51976PC0650
Language: en
Date: 1977-01-03
Title: PROPOSAL FOR A DIRECTIVE concerning the progressive implementation of the principle of equality of treatment for men and women in matters of social security (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 650
Vol. 1976/0197
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                           COM(76)650 final.
                                           Brussels . 10 January 1977 »
                           PROPOSAL FOR A DIRECTIVE
               concerning the progressive implementation of the principle
               of equality of treatment for men and women in matters of
                             social security
              ( submitted to the Council "by the Commission)
 C 014(76) 650 final
 ---pagebreak---                          EXPLANATORY MEMORANDUM
In its Resolution of 21 January 1974 concerning a Social Action Programme , the
Council of the European Communities expressed the political will to adopt , in
a first stage covering the period 1974 to 1976 , the measures necessary to
attain certain objectives , including the achievement of full and better
employment in the Community and the improvement of living and working
conditions . Among the priority actions to be undertaken the Council listed
those aimed at securing equality between men and women regarding access to
employment , vocational training and promotion and working conditions . Accor­
dingly on 9 February 1976 the Council adopted a Directive on the implementation
of the principle of equal treatment for men and women in these areas .
Article 1 of the Directive of 9 February states that with a view to ensuring
the progressive implementation of the principle of equal treatment in matters
of social security , the Council , acting on a proposal from the Commission ,
will adopt provisions defining its substance , its scope and the arrangements
for its application .
In conformity with this Directive the Commission has undertaken a study of
the differences in treatment between men and women in the field of social
security . Numerous differences in treatment are apparent both as concerns
mandatory schemes ( i.e. schemes imposed by law ) and occupational arrangements
which in many cases operate clearly to the disadvantage of women . In other
cases , however , differences in treatment have been designed to take   account
of differences in the social and economic position of women which though they
may be of decreasing significance have already shaped the lives of most of
the present population .
It has been considered necessary , therefore , as foreseen in the Council
Directive of 9 February 1976 to elaborate a further judicial instrument
so that the principle of equal treatment set out in the said Directive
can be applied in this complex field . The present Directive is proposed
for that purpose .
The present Directive flows from the Directive of 9 February 1976 which in
Article 2(1 ) sets out the principle to be applied, that is :
     "the absence of all discrimination based on sex , either directly
      or indirectly , in particular by reference to marital or family
      status ".
 ---pagebreak---                                      - 2 -
    The present Directive also applies to the same categories of persons as are
     covered by the parent Directive , that is the potential ,, present and former
     working population , including the self-employed , in this case with particular
     reference to former workers in old age , sickness , invalidity and unemployment .
    Arrangements for the non-employed are outside the scope of the present Directive .
6 . The Directive does not set out to eliminate all differences in treatment
    between men and women in a single judicial instrument but rather to initiate
    a first phase in the implementation of the principle . Certain aspects of
    social security are excluded for the present ( Article 6 ) but the Directive
    foresees the possibility of further judicial instruments ( Article 7 ).
7 . The term matters of social security has been defined in relation to the
    contingencies against which the various schemes protect the groups they
    serve . The contingencies set out in the present Directive are those listed
    and defined in Convention No 102 of the IL0 ( 1952 ) and the European Code
    of Social Security drawn up by the Council of Europe in 1964 , with the
    exception of widowhood , maternity and family charges . These three are not
    included within the present • Directive as the first two are specific to women
    and family benefits lie more within the domain of family policy than working
    conditions . However this does riot preclude a wider definition being employed
    in later judicial instruments .
8 . The present Directive covers not only social security schemes laid down by
     law but also occupational arrangements so far as they are not already covered
    by Community provisions . Social assistance arrangements are also covered to the
    extent that they supplement or stand in lieu of social insurance payments for one
    of the listed contingencies , e.g. the supplementation of insurance benefics by
    means tested payments to meet basic living standards and payments to t !\ * long
    term unemployed whose insurance benefits are exhausted .
    This is in recognition of the fact that the same contingencies can be covered
    in different ways in different countries , sometimes by contributory benefits
    and sometimes a mixture of contributory and non-contributory benefits . Social
    assistance payments in respect of contingencies other than those listed in
    this Directive are not covered .
 ---pagebreak---                                       - 3 -
 9 . Article 6 deals with areas where Member States are permitted to continue to
     operate certain differences during this phase in the application of the principle
     of equal treatment . These are firstly the fixing of pensionable age for old age
     or . retirement pensions ; secondly the reckoning of periods of employment for     i
     pension and other purposes ( for instance in some Member States women are allowed
     to count a certain period of time spent outside employment following child­
     birth as if it had been spent in employment for the purpose of computing pension
     rights ) and the acquisition of rights following an interruption of employment
      ( this is to allow women re-entering employment after maternity or the care of
     young children to acquire title to benefits without      fulfilling the usual
     contribution or affiliation conditions ); thirdly the acquisition of benefit
     rights by virtue of the spouses insurance status or contribution record .
10 . It is not the intention of this Directive to leave aside completely these areas
     where differences of treatment are for the present to be permitted . Article 6(2 )
     provides that these differences should be kept under review and modified as neces­
     sary and the results of this experience will be taken into account in considering
     further Community measures .
11 . Article 7 develops the timetable for the progressive implementation of the
     Directive . As regards mandatory schemes the major difficulties lie in the area
     of increases for dependants . In those Member States where benefits are increased
      in recognition of family responsibilities it is usually far easier for a man
     to claim a higher payment than it is for a woman . Changes in this field would
      involve a rethinking of the concept of the breadwinner or Head of the Family
     which is found in the social security systems of most Member States . The present
     Directive therefore proposes that while its provisions should be implemented in
     all other respects as regards mandatory schemes and social assistance arrange­
     ments within two years , a period of three years should be given for Member States
     to deal with increases for dependants .
12 . Finally a period of four years has been allowed for the application of the
     Directive regarding occupational schemes . This is to give the large number
     of schemes which exist time to make the necessary legal and administrative
     changes involving , as they may , renewed consultations between the social
     partners .
13 . Article 7 also provides for reports to be sent to the Commission at the end
     of each stage in the progressive! implementation of the Directive , not only con­
     cerning the implementation of the Directive but also the evolution of the situa­
     tion in all aspects of social security as regards differences in treatment between
     the sexes ( including : pension age , derived " ights versus autonomous rights ,
     periods of non-employment , one parent families , etc .).
 ---pagebreak---                       PROPOSAL FOR A DIRECTIVE
      on the progressive implementation of the principle of
      equal treatment of men and women in matters of social
                               security
The Council of the European Communities
Having regard to the Treaty establishing the European Economic 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 the Council adopted on 9 February 1976 a Directive concerning the
implementation of the principle ©f equal treatment for men and women as regards
access to employment , vocational training and promotion , and working conditions
Whereas paragraph 2 of Article 1 of the said Directive provides that as regards
social security the implementation of the principle of equal treatment shall
be carried out progressively and that the Council , acting on a proposal from
the Commission, shall adopt the necessary provisions defining its substance ,
its scope and the arrangements for its application ;
Has adopted this Directive
 ---pagebreak---                                     <1
                                 Article 1
          The purpose of this Directive is to put into effect in the Member States
in matters of Social Security the principle of equal treatment for men and women
as set out in the Directive of the Council of 9 February 1976 concerning «cc<rss
to «<aployaent , vocational training and promotion and wording conditions .
                                 Article 2
1.        For the purpose of this Directive the term matters of social security shall
 be understood to comprise the systems of protection referred to in Article 2 <?)
below in so far as they relate to any of the following contingencies : medical
care ; loss of earnings through sickness ; loss of earnings through unemployment ;
old age ; employment accident or occupational disease ; invalidity .
2.        This Directive shall apply in respect of all mandatory schemes , general
and special                                                                    which
provide protection against any of the said contingencies as well as to all occu­
pational schemes providing such protection in so far as fchey are not already
 covered by Community provisions and all social assist^nc# arrangements in so far as
 they supplement or substitute for benefits In respect of any of the said con tin"
oencies .
                                 Article 3
          Application of the principle of equal treatment In matters of social
 security means the el Imirration of alt discrimination whatsoever on grounds o ?
 sex as regards all obligations and benefits relating to jfhe scheme * and arraiige "
ments covered by this Directive ^ in particular as reg^rdjs the persons covered by
 the scheme or arrangement , the conditions of eligibility for benefits , including
 contribution conditions , the type and form of benefit ^,, ifhe rate of payment
 including increases for dependants and the duration ®fj|d conditions under which
benefits can be received.
                                           !
 ---pagebreak---                                           I
                                - 2 -
                                 Artici® A
         With a view to ensuring the progressive implementation of the principle
of equality of treatment , the Member States shall take the necessary measures
to cossply with this Directive :
         - in a first stage as regards all mandatory social security schemes ,
            general and special
                                  and all social assistance arrangements which fall
            within the scope of this Directive , with the exception of increases
            for dependants ;
         - in a second stage as regards all the above schemes and arrangements
            in the matter of increases for dependants ;
         - in a third stage as regards all occupational schemes in so far as
            they arc not already covered by Corcmunity provisions .
                                  Article 5
         At each stage in the implementation of the principle of equality of
treatment the Member States shall ensure that      :
         a ) any laws , regulations and administrative provisions contrary to the
             principle of equal treatment in matters of social security shall
             be abolished ;
         b ) any provisions contrary to the principle of equal treatment which
              are included in collective agreements , individual contracts of
              employment , internal rules of undertakings or in rules governing
              the independent occupations and professions in so far as they are
              not already covered by Community provisions shell be   considered
              as null and void , or shall be declared null and void or shall be
              amended .                 ,
                                                 /
 ---pagebreak---                                         - 3 -
                                   Article 6
1.             The present Directive shall be without prejudice to the rights of
Member States to exclude from its field of application
               a ) the determination of pensionable age for old age and retirement
                    pensions ;
               b ) the determination of periods of employment for pension purposes
                    ( in particular as regards the reckoning for pension purposes of
                    periods spent outside employment by reason of pregnancy or child­
                    birth ) and the acquisition of benefit rights following interrup­
                    tion of employment ;
               c ) the acquisition of rights to benefit by virtue of the insurance
                    status or contribution record of a spouse .
2.             Member States shall undertake a regular review of their arrangements
                                »     t
with regard to the matters excluded from the application of this Directive under
the provisions of the foregoing paragraph . Where similar provisions are included
in collective agreements the Member States shall request labour and management
to undertake the desired revision .
                                   Article 7
 1. .           Member States shall put into force the laws , regulations and admi­
nistrative provisions necessary to comply with this Directive
                - within 2 years of its notification as regards the first stage
                   of its implementation as set out in Article 4 above ;
                - within 3 years of its notification as regards the second stage
                   as set out in the said Article ;
                - within 4 years of its notification as regards the third stage
                   as set out in the said Article .
 2.             Member States shall communicate to the Commission the text of laws ,
 regulations and administrative provisions which they adopt in the field covered
 by this Directive , including measures adopted in fulfilment of the provisions
 of Article 6 , paragraph 2 . They will also inform the Commission of the justifi­
 cation for any provisions they maintain by virtue of Article 6 , paragraph 1 and
 the possibilities for revision at a later date .
                                                                        ./.
 ---pagebreak--- 3.            Within one year following the expiry of each of the periods
laid down in paragraph 1 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 Council and to propose such further measures
as may be required for the Implementation of the principle of equal treatment .
                                Article 8
             This Directive 1s addressed to the Member States .