Council conclusions of 26 May 1987 on protective legislation for women in the Member States of the European Community Official Journal C 178 , 07/07/1987 P. 0004 - 0004 COUNCIL CONCLUSIONS of 26 May 1987 on protective legislation for women in the Member States of the European Community (87/C 178/04) THE COUNCIL OF THE EUROPEAN COMMUNITIES, 1. notes with interest the Commission communication on protective legislation for women in the Member States of the Community, which:- falls within the framework of the action programmes on the promotion of equal opportunities for women, and-aims at ensuring correct application of 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 (1), and in particular Article 2 (3), Article 3 (2) (c) and Article 5 (2) (c) thereof;2. considers that the examination or revision of protective legislation for women also falls within the context of employment policy and the improvement of working conditions;
3. acknowledges that protective legislation for women must be revised where it seems detrimental to the promotion of equal opportunities for women as regards job access or ineffective in terms of the protection policy itself; 4. requests the Member States and both sides of industry to review the protective legislation for women, particularly those provisions the Commission describes as unjustified, with the aim of promoting the desegregation and more adaptable patterns of work; 5. takes note of the interpretation given by the Commission and the Court of Justice whereby exceptions to the principle of equal treatment must be assessed very restrictively, and also takes note of the opinion that the application of that principle must take place in the context of the improvement of working conditions referred to in Article 117 of the Treaty;
6. acknowledges that the improvement of working conditions, protective equipment and workers' training as well as progress in scientific knowledge are factors to be taken into account in assessing the protective provisions concerning workers' health and safety; 7. invites the Commission to update in due course its communication in conjunction with the schedule for the Community medium-term programme on equal opportunities for women (1986 to 1990). (1) OJ No L 39, 14. 2. 1976, p. 10.