Activites

• 2002/10/05 Final act published in Official Journal
  • Directive 2002/73
  • OJ L 269 05.10.2002, p. 0015
• 2002/09/23 Final act signed
• 2002/09/23 End of procedure in Parliament
• #2436
• 2002/06/13 Council Meeting
• 2002/06/12 Decision by Parliament, 3rd reading
  • T5-0298/2002 summary

    By adopting the report by Mrs Heidi HAUTALA (Greens/EFA, Fin), the European Parliament approved the joint text approved by the conciliation committee on the amending of Council Directive 76/207/EEC on removing obstacles to women in employment by implementing the principle of equal treatment as regards all aspects of employment, promotion, vocational training and working conditions. (Please refer to the summary dated 17/04/02 for a outline of the conclusions reached by the conciliation committee).�

• 2002/06/11 Debate in Parliament
  • Debate in Parliament
• 2002/06/05 Joint text approved by Conciliation Committee co-chairs
  • 03624/1/2002
• 2002/04/17 Report tabled for plenary, 3rd reading
  • A5-0207/2002
• 2002/04/17 Final decision by Conciliation Committee
• 2002/02/21 Formal meeting of Conciliation Committee
• #2404
• 2002/01/21 Council Meeting
• 2001/10/24 Debate in Parliament
  • Debate in Parliament
  • T5-0550/2001 summary

    The European Parliament adopted the report by Heidi Hautala (Greens, Finland) based on the decision of the committee responsible (please refer to previous document). The amendments to the definitions include a distinction between sexual harassment and harassment on the gounds of sex. Positive measures at the workplace must provide for specific advantages in order to make it easier for the under-represented sex to pursue a vocational activity, or to prevent or compensate for disadvantages in professional careers. The possibility of class actions, where this is allowed by national legal systems, is also provided for.�

• 2001/10/16 Vote in committee, 2nd reading
  • A5-0358/2001
• 2001/09/05 Committee referral announced in Parliament, 2nd reading
• #2369
• 2001/07/23 Council Meeting
  • 09848/1/2001 summary

    The Council presented its common position on the proposed changes to the Directive in July. Following extensive debate within the Council, substantial progress was made in the following fields: - the definitions of direct and indirect discrimination; - the definition of sexual harassment and harassment on the basis of sex; - the creation of bodies promoting equality of treatment between women and men; and - the reinforcement of judicial protection of victims of discrimination. Nevertheless, the Council decided not to incorporate certain Commission sponsored Parliamentary amendments into its common position. Those amendments that were found to be acceptable are as follows: - Setting out the framework within which the Directive is situated by referring to ECJ case-law and the new Treaty provisions. - Defining direct and indirect discrimination. - Freedom of association and the possibility under Article 141(4) of the Treaty to include membership or the continuation of organisations or unions. - Distinction between sexual harassment and harassment on the basis of sex: - Similar recital of Directives based on Article 13. - Protection of women during pregnancy and maternity leave. - Balancing participation of women and men in family and working life as well as the protection of paternity leave. - Mention of Declaration 28. - Maintenance or adoption of positive action measures. - Effective judicial protection. - Reinforcement of legal protection. - Promotion of dialogue between the social partners and with non-governmental organisation to address different forms of discrimination based on sex. - Effective, proportionate and dissuasive sanctions in cases of the obligations under Directive 76/207/ EEC. In addition to Parliamentary amendments which were incorporated into the common position, the Council added the following amendments to the final text: - The need to refer to other international legal instruments. For example, the Universal Declaration of Human Rights, the United Nations Convention on the Elimination of all forms of Discrimination Against Women, the International Convention on the elimination of all forms of Racial Discrimination and the United Nations Covenants on Civil and political Rights; the Charter of Fundamental Rights of the European Union etc - The principle of equal pay as established by Article 141 of the Treaty. - Compensation in cases of violation of the principle of equal treatment as well as the rules concerning the upper limit in cases of compensation. - Rules relating to time limits for bringing actions before the national courts. - The Council took the initiative to delete Articles 3,4 and 5 of the initial Directive and have regrouped it under one newArticle. The new Article covers the whole scope of the principle of equal treatment i.e access to employment, promotion and training and working conditions including pay. - Minimum requirements for the promotion of dialogue with social partners. - Judicial and administrative procedures for the enforcement of obligations under this Directive are without prejudice to national rules relating to time limits. - Communication on positive action measures from Member States should be presented every five years as opposed to every two years as originally suggested. - New provisions specifying that the Directive shall enter into force on the date of its publication in the Official Journal.�

• #2357
• 2001/06/11 Council Meeting
• 2001/06/07 Modified legislative proposal published
  • COM(2001)0321 summary

    The Commission accepts the majority of the Parliament's amendments since it states that most of them improve the clarity and legal certainty of the text. In particular, the directive sets out minimum standards, and Member States may introduce higher standards of protection. It clarifies the circumstances under which a Member State may provide for a difference in treatment on the basis of sex, specifiying that this should only be when the aim is legitimate, and is within the confines of the principles of proportionality. With regard to maternity leave, the document makes clear that after such leave, women should also benefit from any improvement in working conditions to which they would be entitled during their absence. Protection against victimisation is extended not only to employees but also to trade union delegates supporting them and also to witnesses. The Member States are to submit reports every two years on positive action measures, instead of every year as proposed by the Parliament. Member States are to ensure dialogue with NGO's and to encourage employers to take all measures necessary to promote equality and to prepare annual equality reports, on the basis of which they may be required to improve the situation.�

  • DG [{'url': 'http://ec.europa.eu/social/', 'title': 'Employment, Social Affairs and Inclusion'}],
• 2001/05/31 Debate in Parliament
  • Debate in Parliament
  • T5-0304/2001 summary

    The European Parliament approved the report by Mrs Heidi Anneli HAUTALA (Greens/EFA, FIN) which aims to amend the directive on equal treatment of women and men in the workplace, together with a number of amendments. In addition to amendments set out in the previous document, the Parliament proposes that a body be set up in each Member State that will be able to deal with complaints from women and represent them in cases of discrimination. Moreover, MEPs are insisting that the victims and their representatives are not subject to reprisals. Sanctions should also apply and financial compensation, as is proposed by the Commission, should only be one among many other forms of compensation. These should include, for example, the right to return to work after sacking. The Parliament also wants the Member States to bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2002 at the latest or shall ensure, by that date at the latest, that management and labour introduce the requisite provisions by way of an agreement.�

• 2001/05/14 Vote in committee, 1st reading/single reading
  • A5-0173/2001
• #X013
• 2000/10/16 Council Meeting
• 2000/09/04 Committee referral announced in Parliament, 1st reading/single reading
• 2000/06/07 Legislative proposal published
  • COM(2000)0334 summary

    PURPOSE : to amend Council Directive 76/207/EEC on removing obstacles to women in employment by implementing the principle of equal treatment as regards all aspects of employment, promotion, vocational training and working conditions. CONTENT : many developments justify the amendment of this directive, the main one being that the provision for equal opportunities in the framework of the Treaty has been greatly enhanced since the entry into force of the Treaty of Amsterdam in 1999. Equal treatment is now an explicit objective enshrined in Article 2 , and Article 13 enables action against discrimination on other grounds. Amendment of the directive is required in order to ensure coherence. The proposal also takes account of the case law of the European Court of Justice, which comprises 40 judgements in the last 25 years. The proposed directive: -for the first time defines sexual harassment as discrimination based on sex, at the work place; -it reinforces protection even when the relationship has ended for employees who complain about discrimination, requires Member States to set up national bodies for the enforcement of equal opportunities and to ensure judicial control of all the rights granted by the directive as well as to impose adequate sanctions in cases of discrimination. -clarifies the right of Member States to provide for derogations from the principle of equal access to employment. Member States have the obligation to justify the ban on women in specific jobs when the sex of the worker constitutes a determining factor; -acknowledges that special protection be granted to women because of their biological condition and their rights to return to the same workplace after maternity leave; -implements Article 141 of the Treaty by stating that Member States are entitled to adopt positive action measures to promote equality for men and women and should report on their activities regularly.�

  • DG [{'url': 'http://ec.europa.eu/social/', 'title': 'Employment, Social Affairs and Inclusion'}],

Documents

• Legislative proposal published: COM(2000)0334
• Committee report tabled for plenary, 1st reading/single reading: A5-0173/2001
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 1st reading/single reading: T5-0304/2001
• Modified legislative proposal published: COM(2001)0321
• Council position published: 09848/1/2001
• Committee recommendation tabled for plenary, 2nd reading: A5-0358/2001
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 2nd reading: T5-0550/2001
• Report tabled for plenary, 3rd reading: A5-0207/2002
• Joint text approved by Conciliation Committee co-chairs: 03624/1/2002
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 3rd reading: T5-0298/2002
• : Directive 2002/73
• : OJ L 269 05.10.2002, p. 0015

History

(these mark the time of scraping, not the official date of the change)