Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-05-04-Speech-1-080"
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"en.20090504.16.1-080"2
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"Mr President, honourable Members, I would like to start by thanking Mrs Estrela and Mrs Lulling for their report. I appreciate their efforts and the support the European Parliament has given to the Commission proposals within the package of measures adopted last autumn for harmonising working and family life.
Mr President, honourable Members, I would now like to deal in greater detail with the report by Mrs Lulling. First of all, let me underline the great importance the Commission attaches to this proposal. In fact, it is vital to improve the situation regarding equal treatment between men and women engaged in a self-employed capacity, since women are underrepresented in this area, accounting for only one in three business persons in the European Union. It is likewise essential to improve the status of assisting spouses. We cannot agree with the current situation, where people regularly involved in the activities of a family business have no social protection.
I am pleased to see that the opinions of Parliament and the Commission coincide to a great extent. That is why the Commission is in a position to accept (either in their entirety or in principle) a substantial majority of the amendments presented by the rapporteur: primarily Amendment 15 on maternity leave for women engaged in a self-employed capacity and Amendment 18, which is aimed at reintroducing Article 7 of Directive 86/613/EEC relating to recognition of the work of assisting spouses. This also involves a large number of amendments which the Commission can accept in their entirety or in principle. In most cases, these amendments clarify the Commission’s proposal and therefore aim for greater legal certainty.
I would, nevertheless, like to point out that the Commission cannot accept Amendment 14 concerning social protection for assisting spouses. It is clear to me that this is a significant aspect for the European Parliament. However, this particular amendment poses some specific problems. First and foremost, the voluntary approach introduced in the Commission’s proposal represents a substantial improvement compared to the current status. The proposal of the Commission stipulates – and this is a statutory obligation laid down for the Member States – that assisting spouses should have, at their request, the same level of protection as that enjoyed by persons engaged in a self-employed capacity. The mandatory inclusion of assisting spouses in the system of social protection would also have significant financial impacts. At this time of economic crisis, we should be trying to ensure that businesses, especially small family businesses, do not incur further expenses against their will. Therefore, I think that assisting spouses should be given the option to choose. Furthermore, this amendment would greatly complicate the possibility of reaching agreement with the Council.
In conclusion, I would like to say that the Commission’s position regarding the various amendments to both legislative proposals has been given to Parliament in writing, and will be attached to the minutes of the plenary session.
As you know, the task of harmonising working, family, and private life is one of the priorities of the Commission’s gender equality plan. The process of promoting policies focused on these issues is of key importance for enhancing women’s participation in the labour market and for coping with problems connected with the changing forms of the family, the ageing population, and support for the equal treatment of men and women. Seen in this context, I think it is necessary to improve legislation in the sphere of maternity and parental leave. In a similar vein, it is crucial to improve the status of women engaged in a self-employed capacity.
I am delighted with the progress made on both of the legislative proposals tabled by the Commission. I am also pleased with the success of negotiations between the social partners on parental leave. I hope that before the summer holiday I will be able to submit a formal motion to make their agreement binding. I would now like to mention in brief the Commission’s objectives for the amendment to the maternity leave directive, which are: to promote high levels of safety and health protection for mothers, to encourage women to have as many children as they want, and to support women’s participation in the labour market. In this respect, the Commission’s proposal is aimed primarily at extending maternity leave from 14 to 18 weeks, increasing maternity benefits to enable women to interrupt their jobs and look after their children while feeling financially secure, and providing the greater flexibility that should be given to women in terms of arranging their maternity leave and the work conditions for their return to employment. I am aware of the difficulties in attaining the right balance between enhancing protection and making these additional measures economically acceptable to employers and to the Member States.
Mr President, honourable Members, the Commission welcomes the numerous amendments made by Parliament, which will help to strengthen or clarify this draft. These include: Amendment 11 on demographic trends, Amendment 25 stressing the need for better harmonisation between working and family life, Amendment 50 on support for Member States in promoting part-time work, Amendment 35 on optional maternity leave before birth, Amendment 53 clarifying that women on maternity leave may have their salaries raised, and Amendment 56 on workers’ retirement rights. The Commission is also prepared to accept a number of other amendments, either in principle or in their entirety.
I also welcome the amendment that would make it possible, under certain conditions, to count parental leave as maternity leave. Such a provision would take into consideration the differences between the Member States, and would accommodate the requirements of those Member States with advanced systems of leave for family reasons, such as the Nordic countries. Nevertheless, I would like to avoid a situation where the revision of Directive 92/85/EEC is used as an opportunity to introduce topics that should be addressed in another context. In my opinion, this would undermine the aims of the Commission’s proposal, which include, first and foremost, enhanced protection for mothers and, secondly, support for women’s participation in the labour market.
Seen in this light – even though I fully support your proposal for the introduction of paternity leave – I do not think that the current directive, focused as it is on the protection of mothers, is a suitable instrument for such a goal. The Commission therefore rejects the amendments relating to paternity leave. In spite of that, the Commission thinks it is right to address this issue in the future, with a view to reaching final agreement among the European social partners on parental leave.
I was also pleased to note Parliament’s request to introduce leave in the case of child adoption (Amendment 44). The idea is sound, but even in this case I believe that a revision of Directive 92/85/EEC is not the right way to go about it. We have to realise that the situation of a mother who adopts a child is different. However, just as in the case of paternity leave, the Commission believes it is right to address that question later on, particularly in connection with parental leave.
Mr President, honourable Members, the Commission welcomes your proposal for 20 weeks of maternity leave. This is consistent with the logic of the Commission’s own proposal, which provides for maternity leave in excess of 18 weeks to be granted in some instances. However, it is vital to show the impact of this extension on the other provisions of the Commission’s proposal. As for breast-feeding, women with maternity leave lasting 18 weeks would have sufficient time to breast-feed their children, without having to adjust their working hours. Under these circumstances, I would not support the idea of introducing a legal obligation concerning adjustment of working hours for breast-feeding women. Instead I would rather call on the Member States to consider the possibility of taking other measures enabling women to keep on breast-feeding even after their 18 weeks of maternity leave. Similarly, on maternity benefits, the Commission’s proposal introduces the principle of paying salaries in full. In actual fact, many Member States have already been applying this principle. The Commission’s proposal also allows Member States to set maximum levels for such benefits. The Commission is not in favour of the proposal tabled by Parliament for salaries to be paid in full for a specific period of time and maximum amounts to be introduced for the rest of maternity leave, because this would discourage mothers from drawing their maternity leave in full. That is why the Commission does not recommend that these amendments be approved.
The Commission also believes that some amendments either water down the effects of the proposal, introduce too many details or go beyond the scope of the powers of this directive. This applies, for instance, to Amendment 30 concerning the right to refuse night work. I believe that pregnant or breast-feeding women should have the possibility any time of refusing night work without having to state their reasons for doing so. The same applies to the issue of sanctions. In this respect, the Commission holds the view that it is important to specify that compensation should not be restricted by any upper limit laid down at the national level. This significant principle has been established by the European Court of Justice. Therefore, the Commission cannot accept Amendment 68."@en1
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