No L 39/40 Official Journal of the European Communities 14. 2. 76 COUNCIL DIRECTIVE 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 (76/207/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parlia- ment (1), Having regard to the opinion of the Economic and Social Committee (2), Whereas the Council, in its resolution of 21 January 1974 concerning a social action programme (3), included among the priorities action for the purpose of achieving equality between men and women as regards access to employment and vocational training and promotion and as regards working conditions, including pay ; Whereas, with regard to pay, the Council adopted on 10 February 1975 Directive 75/117/EEC on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women (%); Whereas Community action to achieve the principle of equal treatment for men and women in respect of access to employment and vocational training and promotion and in respect of other working conditions also appears to be necessary ; whereas, equal treatment for male and female workers constitutes one of the objectives of the Community, in so far as the harmoni- zation of living and working conditions while main- taining their improvement are inter alia to be furthered ; whereas the Treaty does not confer the necessary specific powers for this purpose ; Whereas the definition and progressive implementa- tion of the principle of equal treatment in matters of social security should be ensured by means of subsequent instruments, (1) OJ No C 111, 20. 5. 1975, p. 14. () OJ No C 286, 15. 12. 1975, p. 8. () OJ No C 13, 12. 2. 1974, p. 1. () OJ No L 45, 19. 2. 1975, p. 19. HAS ADOPTED THIS DIRECTIVE: Article 1 1.  The purpose of this Directive is to put into effect in the Member States the principle of equal treatment for men and women as regards access to employment, including promotion, and to vocational training and as regards working conditions and, on the conditions referred to in paragraph 2, social security. This prin- ciple is herinafter referred to as ‘the principle of equal treatment.’ 2.  With a view to ensuring the progressive imple- mentation of the principle of equal treatment in matters of social security, the Council, acting on a proposal from the Commission, will adopt provisions defining its substance, its scope and the arrangements for its application. Article 2 1. For the purposes of the following provisions, the principle of equal treatment shall mean that there shall be no discrimination whatsover on grounds of sex either directly or indirectly by reference in parti- cular to marital or family status. o 2. This Directive shall be without prejudice to the right of Member States to exclude from its field of application those occupational activities and, where appropriate, the training leading thereto, for which, by reason of their nature or the context in which they are carried out, the sex of the worker constitutes a deter- mining factor. 3.  This Directive shall be without prejudice to prov- isions concerning the protection of women, particu- larly as regards pregnancy and maternity. 4. This Directive shall be without prejudice to measures to promote equal opportunity for men and women, in particular by removing existing inequalities which affect women’s opportunities in the areas . referred to in Article 1 (1).