Practical Law UK Legal Update 8-549-6685 (Approx. 4 pages)
Gender balance on company boards: European Parliament adopts first reading position on European Commission proposal to address gender imbalance on company boards
On 20 November 2013, the European Parliament plenary session adopted a legislative Resolution, at first reading, on the European Commission proposal for a Directive of the European Parliament and of the Council on improving the gender balance among non-executive directors of companies listed on stock exchanges and related measures. (free access)
The European Parliament (EP) plenary session, on 20 November 2013, adopted a legislative Resolution, at first reading, on the European Commission proposal for a Directive of the European Parliament and of the Council on improving the gender balance among non-executive directors of companies listed on stock exchanges and related measures.
The proposed Directive falls under the ordinary legislative procedure, which means that both the EP and the Council, being co-legislators, will have to adopt the same final text of the Directive.
The European Parliament (EP) plenary session, on 20 November 2013, adopted a legislative Resolution, at first reading, on the European Commission proposal for a Directive of the European Parliament and of the Council on improving the gender balance among non-executive directors of companies listed on stock exchanges and related measures.
Clarifies and improves the open, transparent procedure for appointing non-executive board members to listed companies.
Calls on member states to ensure that listed companies take effective and binding measures to guarantee equal access for both women and men to non-executive positions on boards so as to ensure that by 2020, at least 40% of non-executive directors' positions are held by women. Public companies would have to reach the target already by 2018. Where candidates are equally well qualified, priority should go to the candidate of the under-represented sex.
Stipulates that although the hiring rules would not apply to small and medium-sized enterprises (SMEs), which means enterprises that employ fewer than 250 persons, the EP encourages member states to support SMEs and give them incentives to improve gender balance on their boards too.
Stipulates that companies that fail to abide by the hiring rules will be required to explain why and notify competent national authorities on the measures taken and planned to achieve the target in future.
Stipulates that penalties such as fines should be imposed for failing to follow transparent appointment procedures, rather than for failing to achieve the target.
Next step: The proposed Directive falls under the ordinary legislative procedure, which means that both the EP and the Council, being co-legislators, will have to adopt the same final text of the Directive.