The European Parliament adopted a legislative resolution by 542 votes to 53 with 21 abstentions, in the framework of a special legislative procedure (consultation of Parliament), a resolution on the draft Council directive amending Council Directive 2010/18/EU because of the change of status of Mayotte.

Parliament approved the proposal subject to the following amendments:

Legal base: Parliament called for the legal base for this proposal to be Article 155(2) of the TFEU with Article 349 as opposed to just Article 349.

Legal form of the instrument: Parliament called for the legal instrument for the adoption of the proposal to be a “Decision” and not a “Directive”.

The European Parliament adopted a legislative resolution by 542 votes to 53 with 21 abstentions, in the framework of a special legislative procedure (consultation of Parliament), a resolution on the draft Council directive amending Council Directive 2010/18/EU because of the change of status of Mayotte.

Parliament approved the proposal subject to the following amendments:

Legal base: Parliament called for the legal base for this proposal to be Article 155(2) of the TFEU with Article 349 as opposed to just Article 349.

Legal form of the instrument: Parliament called for the legal instrument for the adoption of the proposal to be a “Decision” and not a “Directive”.

The Committee on Employment and Social Affairs adopted the report by Pervenche BERÈS (S&D, FR) on the draft Council directive amending Council Directive 2010/18/EU because of the change of status of Mayotte.

Takes note that the Council consulted the European Parliament on the draft directive, although such consultation is not required under the legal basis proposed by the Commission, Members approved the draft Council directive with a number of amendments relating to the legal basis of the proposal.

The Commission based its proposal on Article 155(2) of the TFEU whereby the Council takes a decision on implementation of management and labour agreements on a proposal from the Commission, and the European Parliament is informed. The Council, on the contrary, proposed changing the legal basis to Article 349 TFEU on specific measures for outermost regions, whereby the Council adopts these measures on a proposal from the Commission after consulting Parliament.

Members considered the legal basis proposed by the Commission to be correct, and proposed a legal basis, these being Articles 155(2) and Article 349. They also proposed that the directive should become a decision.

PURPOSE: to amend Council Directive 2010/18/EU on implementing the revised Framework Agreement on parental leave because of the change in status of Mayotte.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

BACKGROUND: by Decision 2012/419/EU, 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 on the Functioning of the EU.

Following this change in legal status of Mayotte, Union law will apply to Mayotte from 1 January 2014. Certain specific measures, justified by the particular structural social and economic situation of Mayotte as a new outermost region, on the special conditions of application of Union law should, however, be established.

Considering the specific structural economic and social situation of Mayotte, particularly the fact that the jobs market is underdeveloped and the employment rate is low due to its remoteness, insularity, difficult topography and climate situation, 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 should be provided in order to ensure that equal treatment in the particular field of parental leave is achieved progressively and so as not to destabilise the gradual economic development of the new outermost region.

The provided additional transposition period should allow this specific disadvantaged structural social and economic situation of Mayotte, as a new outermost region, to be improved.

LEGAL BASIS: Article 349 of the Treaty on the Functioning of the European Union (TFEU).

IMPACT ASSESSMENT: no impact assessment was undertaken.

CONTENT: with the proposed Decision, it is planned to extend the additional transitional period for Mayotte as regards the transposition of the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC, so that this Directive may be applied as of 31 December 2018 in this outermost region.

BUDGETARY IMPLICATIONS: the proposal has no impact on the EU budget.

PURPOSE: to amend Council Directive 2010/18/EU on implementing the revised Framework Agreement on parental leave because of the change in status of Mayotte.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

BACKGROUND: by Decision 2012/419/EU, 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 on the Functioning of the EU.

Following this change in legal status of Mayotte, Union law will apply to Mayotte from 1 January 2014. Certain specific measures, justified by the particular structural social and economic situation of Mayotte as a new outermost region, on the special conditions of application of Union law should, however, be established.

Considering the specific structural economic and social situation of Mayotte, particularly the fact that the jobs market is underdeveloped and the employment rate is low due to its remoteness, insularity, difficult topography and climate situation, 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 should be provided in order to ensure that equal treatment in the particular field of parental leave is achieved progressively and so as not to destabilise the gradual economic development of the new outermost region.

The provided additional transposition period should allow this specific disadvantaged structural social and economic situation of Mayotte, as a new outermost region, to be improved.

LEGAL BASIS: Article 349 of the Treaty on the Functioning of the European Union (TFEU).

IMPACT ASSESSMENT: no impact assessment was undertaken.

CONTENT: with the proposed Decision, it is planned to extend the additional transitional period for Mayotte as regards the transposition of the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC, so that this Directive may be applied as of 31 December 2018 in this outermost region.

BUDGETARY IMPLICATIONS: the proposal has no impact on the EU budget.