A3-0285/91

RESOLUTION

on application of the third Council Directive on the progressive

implementation of the principle of equal treatment for men and

women in matters of social security (79/7/EEC of 19 December

1978)

The European Parliament,

- having regard to Article 119 of the EEC Treaty,

- having regard to Directive 79/7/EEC,

- having regard to Directive 86/378/EEC,

- having regard to proposal for a directive COM(87) 0494 final,

- having regard to the Commission's report on the application

of Directive 79/7/EEC (COM(88) 0769),

- having regard to the third medium-term action programme

(1991-1995) on equal opportunities for women and men (COM(90)

0449),

- having regard to its resolution of 16 September 1988 on

proposal for a directive COM(87) 0494 on equal treatment for

men and women in social security schemes,

- having regard to the case-law of the Court of Justice,

particularly in its judgments in the Barber (262/88), Ruzius-

Wilbrink (102/88), Bilka (170/84) and Defrenne (25 May 1971,

80/70) cases, and its judgements of 8 April 1976 (43/75) and

15 June 1978 (149/77),

- having regard to its resolution of 8 October 1991 on the

implications of the Court of Justice's decision of 17 October

1989 in Case 109/88 on equal treatment,

- having regard to Rule 121 of the Rules of Procedure,

- having regard to the report of the Committee on Women's

Rights (A3-0285/91),

A. whereas Chapter 16 of the Community Charter of Fundamental

Social Rights for workers, on the right of men and women to

equal treatment, requests the Member States to safeguard,

develop and intensify their action to ensure the

implementation of the principle of equality between men and

women, particularly in matters of social protection,

B. drawing attention to its resolution of 16 September 1988,

stating that 'the promotion of equality as regards the

conditions of coverage should not under any circumstances

lead to deterioration in the benefits derived by either sex'

and that the aim of equal treatment 'will be better assured

by systems which guarantee the right to social benefits for

every citizen',

C. whereas the Court's case-law has stressed, particularly in

its Barber judgment, that some of the provisions of Directive

86/378/EEC do not comply with Article 119,

D. whereas at present the Commission report COM(88) 0769 final

of 16 December 1988 remains the only Community reference

document to assess the extent and nature of direct and

indirect discrimination in the various Member States,

E. whereas only a revision of the relevant Treaty articles to

incorporate the explicit aim of securing equal opportunities

for men and women can bring about a genuine improvement in

living conditions and ensure optimum social security and

protection,

1. Calls on the Intergovernmental Conferences, as part of the

institutional reforms, to amend Articles 118a and 119 of the

EEC Treaty so as to improve the implementation of the

principle of equal treatment along the lines set out in the

Community Charter of Fundamental Social Rights, particularly

in Chapter 16 on equal treatment of men and women;

2. Draws attention to the need to examine the retroactive

recognition of the social rights and benefits laid down in

the relevant directives so that social protection is

guaranteed in all the Member States from the same date,

without prejudice to the decisions of the Court of Justice in

respect of requests for preliminary rulings;

3. Stresses that the application of the directives must not

undermine the acquired social rights of groups or remove

vital, existing individual rights, but must be geared towards

harmonization;

4. Calls for the concept of indirect discrimination to be

explicitly defined with a view to harmonizing the rules in

order to prevent indirect discrimination;

5. Asks the Commission to amplify and update its report COM(88)

0769 final of 16 December 1988 so as to produce a report

describing the situation in Spain and Portugal;

6. Calls on the Commission to take all measures necessary to

implement the principle of equal treatment for men and women

in statutory and occupational social security schemes, while

taking account of the approach adopted by judgments of the

Court of Justice on supplementary schemes in respect of

requests for preliminary rulings submitted to it pursuant to

Article 177 of the Treaty;

7. Calls on the Council to give further consideration to the

proposal for a directive completing the implementation of the

principle of equal treatment for men and women in statutory

and occupational social security schemes (COM(87) 0494

final);

8. Instructs its President to forward this resolution to the

Commission and Council.