L 14/6 Official Journal of the European Communities 20.1.98 COUNCIL DIRECTIVE 97/80/EC of 15 December 1997 on the burden of proof in cases of discrimination based on sex THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Agreement on social policy annexed to the Protocol (No 14) on social policy annexed to the Treaty establishing the European Community, and in particular Article 2(2) thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the Economic and Social Committee (%), Acting, in accordance with the procedure laid down in Article 189c of the Treaty, in cooperation with the Euro- pean Parliament (3), 1) ©) Whereas, on the basis of the Protocol on social policy annexed to the Treaty, the Member States, with the exception of the United Kingdom of Great Britain and Northern Ireland (hereinafter called ‘the Member States’), wishing to implement the 1989 Social Charter, have concluded an Agreement on social policy; Whereas the Community Charter of the Funda- mental Social Rights of Workers recognizes the importance of combating every form of discrim- ination, including discrimination on grounds of sex, colour, race, opinions and beliefs; Whereas paragraph 16 of the Community Charter of the Fundamental Social Rights of Workers on equal treatment for men and women, provides, inter alia, that ‘action should be intensified to ensure the implementation of the principle of equality for men and women as regards, in particular, access to employment, remuneration, working conditions, social protection, education, vocational training and career development’; Whereas, in accordance with Article 3(2) of the Agreement on social policy, the Commission has consulted management and labour at Community level on the possible direction of Community action on the burden of proof in cases of discrimination based on sex; Whereas the Commission, considering Community action advisable after such consultation, once again consulted management and labour on the content of (") OJ C 332, 7. 11. 1996, p. 11 and OJ C 185, 18. 6. 1997, p. 21. () OJ C 133, 28. 4. 1997, p. 34. () Opinion of the European Parliament of 10 April 1997 (OJ C 132, 28. 4. 1997, p. 215), Common Position of the Council of 24 July 1997 (O] C 307, 8. 10. 1997, p. 6) and Decision of the European Parliament of 6 November 1997 (O] C 358, 24.11.1997). the proposal contemplated in accordance with Article 3(3) of the same Agreement; whereas the latter have sent their opinions to the Commission; Whereas, after the second round of consultation, neither management nor labour have informed the Commission of their wish to initiate the process — possibly leading to an agreement — provided for in Atrticle 4 of the same Agreement; Whereas, in accordance with Article 1 of the Agree- ment, the Community and the Member States have set themselves the objective, inter alia, of improving living and working conditions; whereas effective implementation of the principle of equal treatment for men and women would contribute to the achievement of that aim; Whereas the principle of equal treatment was stated in Article 119 of the Treaty, in Council Directive 75/117/EEC of 10 February 1975 on the approx- imation of the laws of the Member States relating to the application of the principle of equal pay for men and women (*) and in Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion and working conditions (°); Whereas Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (%) also contributes to the effective implementation of the principle of equal treatment for men and women; whereas that Directive should not work to the detri- ment of the aforementioned Directives on equal treatment; whereas, therefore, female workers covered by that Directive should likewise benefit from the adaptation of the rules on the burden of proof; () OJ L 45, 19. 2. 1975, p. 19. () OF L 39, 14. 2. 1976, p. 40. () OF L 348, 28. 11. 1992, p. 1.