What's on Practical Law?

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)

Speedread

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.
Following the call of the EP Committees on Legal Affairs and Women's Rights and Gender Equality Joint Report, adopted on 14 October 2013, to support the Commission proposal (see Legal update, Gender balance on company boards: European Parliament Committee supports European Commission proposal to address gender imbalance on company boards in Europe), the EP legislative Resolution of 20 November 2013:
  • 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.
For a detailed overview of the regulatory developments relating to this draft Directive, see Gender balance on company boards: legislation tracker.
Background: In the European Pact for Gender Equality (2011-20), the Council urged for action at member state and EU level to adopt measures to close gender gaps and combat gender segregation on the labour market (see Legal update, Council adopts European Pact on gender equality and considers European Commission progress report on equality between men and women). Furthermore, the Commission stated in its strategy for equality between women and men (2010-15) that it would address the gender imbalance in business decision-making through targeted initiatives (see Legal update, European Commission adopts new strategy on gender equality). It had also called on publicly-listed companies to sign a "Women on the Board" pledge by March 2012, making a voluntary commitment to increase women's presence on their boards to 30% by 2015 and to 40% by 2020 by actively recruiting qualified women to replace outgoing male board members (see Legal update, Gender balance in boardrooms: first two companies sign up to "Women on the Board pledge"). The proposed Directive, based on Article 157(3) of the Treaty on the Functioning of the EU, has been drafted following the results of a public consultation, launched on 5 March 2012, on possible action at EU level to redress the continuing gender imbalance on corporate boards in Europe, and on the findings of a Progress Report, Women in economic decision-making in the EU, published on the same date (see Legal update, Gender imbalance in corporate boards: European Commission consultation). On 23 October 2012, the Commission announced that it was postponing publication of the proposed Directive on women in boardrooms until 14 November 2012, to give the Legal Service time to consider its legality (see Legal update, Gender equality: European Commission postpones legislative measure on women in boardrooms until 14 November 2012 and European Parliament votes against an all-male ECB board).
Sources:
If you do not yet subscribe to Practical Law, you can request a free trial by completing this form or contacting the PLC Helpline.
End of Document
Resource ID 8-549-6685
© 2024 Thomson Reuters. All rights reserved.
Published on 21-Nov-2013
Resource Type Legal update: archive
Jurisdiction
  • European Union
Related Content