RECOMMENDATION FOR SECOND READING on the position of the Council at first reading with a view to the adoption of a directive of the European Parliament and of the Council on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Directive 86/613/EEC

10.5.2010 - (17279/3/2009 – C7‑0075/2010 – 2008/0192(COD)) - ***II

Committee on Women’s Rights and Gender Equality
Rapporteur: Astrid Lulling

Amendments

• 001-017 (PDF - 145 KB)
• 001-017 (DOC - 92 KB)
• 018-018 (PDF - 85 KB)
• 018-018 (DOC - 235 KB)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the position of the Council at first reading with a view to the adoption of a Directive of the European Parliament and of the Council on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Directive 86/613/EEC

(17279/3/2009 – C7‑0075/2010 – 2008/0192(COD))

(Ordinary legislative procedure: second reading)

The European Parliament,

–   having regard to the Council position at first reading (17279/3/2009 – C7-0075/2010),

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0636),

–   having regard to Article 251(2) and Article 141(3) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0341/2008),

–   having regard to its position at first reading[1],

–   having regard to the Communication from the Commission to the European Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665),

–   having regard to Article 294(7) and Article 157(3) of the Treaty on the Functioning of the European Union,

–   having regard to the opinion of the European Economic and Social Committee,

–   having regard to Rule 66 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on Women’s Rights and Gender Equality (A7-0146/2010),

1.  Adopts the position at second reading hereinafter set out;

2.  Instructs its President to forward its position to the Council, to the Commission and to the national parliaments.

Amendment  1 Council position Recital 4
Council position	Amendment
(4) The European Parliament has consistently called on the Commission to review Directive 86/613/EEC, in particular so as to boost maternity protection for self-employed women and to improve the situation of spouses of self-employed workers in agriculture.	(4) The European Parliament has consistently called on the Commission to review Directive 86/613/EEC, in particular so as to boost maternity protection for self-employed women and to improve the situation of spouses of self-employed workers.
Justification
There is no reason to confine the scope of the provisions to agriculture. This amendment reproduces the substance of first-reading Amendment 1, adopted on 6 May 2009.
Amendment  2 Council position Recital 4 a (new)
Council position	Amendment
	(4a) The European Parliament has already stated its position on these matters in its resolution of 21February 1997 on the situation of the assisting spouses of the self-employed1.
	1 OJ C 85, 17.3.1997, p. 186.
Justification
This amendment reproduces the substance of first-reading Amendment 2, adopted on 6 May 2009.
Amendment  3 Council position Recital 16
Council position	Amendment
(16) In view of their participation in the activities of the family business, spouses or, when and insofar as recognised by national law the life partners, of self-employed workers who have access to a system for social protection, should also be entitled to benefit from social protection. Member States should be required to take the necessary measures to organise this social protection in accordance with national law. In particular, it is up to Member States to decide whether this social protection should be implemented on a mandatory or voluntary basis. Member States may provide that this social protection may be proportional to the participation in the activities of the self-employed worker and/or the level of contribution. Without prejudice to this Directive, Member States may maintain national provisions limiting access to specific social protection schemes, or to a certain level of protection, including special funding conditions, to certain groups of self-employed workers or professions, provided that access to a general scheme is available.	(16) In view of their participation in the activities of the family business, spouses or, when and in so far as recognised by national law the life partners, of self-employed workers who have access to a system for social protection should also be entitled to benefit from social protection. Member States should be required to take the necessary measures to organise this social protection in accordance with national law. In particular, it is up to Member States to decide whether this social protection should be implemented on a mandatory or voluntary basis. Member States may provide that this social protection may be proportional to the participation in the activities of the self-employed worker and/or the level of contribution.
Justification
This amendment is intended to forestall any provisions that might serve to limit access to social protection.
Amendment  4 Council position Recital 17
Council position	Amendment
(17) The economic and physical vulnerability of pregnant self-employed workers and pregnant spouses and, when and insofar as recognised by national law pregnant life partners, of self-employed workers, makes it necessary for them to be granted the right to maternity benefits. The Member States remain competent to organise such benefits, including establishing the level of contributions and all the arrangements concerning benefits and payments, provided the minimum requirements of this Directive are complied with. In particular, they may determine in which period before and/or after confinement the right to maternity benefits is granted. Furthermore, the economic situation of the person or family in question may be taken into account when establishing contributions and/or benefits.	(17) The economic and physical vulnerability of pregnant self-employed workers and pregnant spouses and, when and in so far as recognised by national law pregnant life partners, of self-employed workers, makes it necessary for them to be granted the right to maternity benefits. The Member States remain competent to organise such benefits, including establishing the level of contributions and all the arrangements concerning benefits and payments, provided the minimum requirements of this Directive are complied with. In particular, they may determine in which period before and/or after confinement the right to maternity benefits is granted.
Justification
The purpose of this amendment is to prevent the criteria being couched too sweepingly, to the point of encompassing, say, a person’s or a family’s economic situation, a criterion not typically applied in social legislation.
Amendment  5 Council position Recital 17 a (new)
Council position	Amendment
	(17a) The length of the period during which female self-employed workers and female spouses or, when and in so far as recognised by national law female life partners, of self-employed workers, are granted maternity benefits is similar to the duration of maternity leave for employees currently in place at EU level. In case the duration of maternity leave provided for employees is modified at EU level, the Commission should report to the European Parliament and the Council assessing whether the duration of maternity benefits for female self-employed workers and female spouses and life partners referred to in Article 2 should also be modified.
Justification
The purpose of this amendment is to allow for future developments regarding maternity protection for female wage and salary earners and to ensure that maternity benefits could be granted to self-employed women and the spouses or partners of self-employed workers over a different period of time if a Commission assessment report were to propose a change to that effect.
Amendment  6 Council position Recital 18
Council position	Amendment
(18) In order to take the specificities of self-employed activities into account, female self-employed workers and female spouses or, when and insofar as recognised by national law female life partners, of self-employed workers, should be given access, as far as possible, to any existing services supplying temporary replacement enabling interruptions in their occupational activity owing to pregnancy or motherhood, or to any existing national social services. Access to those services can be an alternative to or a part of the maternity allowance.	(18) In order to take the specificities of self-employed activities into account, female self-employed workers and female spouses or, when and in so far as recognised by national law female life partners, of self-employed workers, should be given access to any existing services supplying temporary replacement enabling interruptions in their occupational activity owing to pregnancy or motherhood, or to any existing national social services. Access to those services can be an alternative to or a part of the maternity allowance.
Justification
Access to any temporary replacement services or social services existing at national level should not be restricted by a criterion that is neither clear cut nor identifiable.
Amendment  7 Council position Recital 19
Council position	Amendment
(19) Enhancing the efficiency and effectiveness of welfare systems, notably through improved incentives, better administration and evaluation, and the prioritisation of spending programmes, has become crucial for the long-term financial sustainability of European social models. When devising the measures needed to implement this Directive, the Member States should pay special attention to improving and securing the quality and long-term sustainability of their social protection systems.	deleted
Justification
This amendment partially reproduces the substance of first-reading Amendment 8, adopted on 6 May 2009. The above text is of a general nature and does not appear in other legislative acts in the field concerned.
Amendment  8 Council position Recital 20
Council position	Amendment
(20) Persons who have been subject to discrimination based on sex should have adequate means of legal protection. To provide more effective protection, associations, organisations and other legal entities should be empowered to engage in proceedings, as Member States so determine, either on behalf or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts.	(20) Persons who have been subject to discrimination based on sex should have suitable means of legal protection. To provide more effective protection, associations, organisations and other legal entities should be empowered to engage in proceedings, as Member States so determine, either on behalf or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts.
Amendment  9 Council position Recital 21
Council position	Amendment
(21) Protection of self-employed workers and spouses of self-employed workers and, when and insofar as recognised by national law the life partners, of self-employed workers, from discrimination based on sex should be strengthened by the existence of a body or bodies in each Member State with competence to analyse the problems involved, to study possible solutions and to provide practical assistance to the victims. The body or bodies may be the same as those with responsibility at national level for the defence of human rights or the safeguarding of individuals’ rights, or the implementation of the principle of equal treatment.	(21) Protection of self-employed workers and spouses of self-employed workers and, when and in so far as recognised by national law the life partners, of self-employed workers, from discrimination based on sex should be strengthened by the existence of a body or bodies in each Member State with competence to analyse the problems involved, to study possible solutions and to provide practical assistance to the victims. The body or bodies may be the same as those with responsibility at national level for the implementation of the principle of equal treatment.
Justification
This amendment partially reproduces the substance of first-reading Amendment 9, adopted on 6 May 2009: human rights issues should not be confused with equal treatment of men and women.
Amendment  10 Council position Article 5
Council position	Amendment
Member States may maintain or adopt measures within the meaning of Article 157(4) of the Treaty on the Functioning of the European Union with a view to ensuring full equality in practice between men and women in working life, for instance aimed at promoting entrepreneurship among women.	Member States may maintain or adopt measures within the meaning of Article 157(4) of the Treaty on the Functioning of the European Union with a view to ensuring full equality in practice between men and women in working life, for instance aimed at promoting entrepreneurship initiatives among women.
Amendment  11 Council position Article 7 – paragraph 2
Council position	Amendment
2. The Member States may decide whether the social protection referred to in paragraph 1 is implemented on a mandatory or voluntary basis. Accordingly, they may provide that this social protection is granted only upon the request of spouses and life partners referred to in Article 2(b).	2. The Member States may decide whether the social protection referred to in paragraph 1 is implemented on a mandatory or voluntary basis.
Amendment  12 Council position Article 8 - paragraph 1
Council position	Amendment
1. The Member States shall take the necessary measures to ensure that female self-employed workers and female spouses and life partners referred to in Article 2 may, in accordance with national law, be granted an adequate maternity allowance enabling interruptions in their occupational activity owing to pregnancy or motherhood for at least 14 weeks.	1. The Member States shall take the necessary measures to ensure that female self-employed workers and female spouses and life partners referred to in Article 2 may, in accordance with national law, be granted a sufficient maternity allowance enabling interruptions in their occupational activity owing to pregnancy or motherhood for at least 14 weeks.
Justification
An 'adequate' allowance implies a subjective judgment, whereas 'sufficient' means that the Member State has assessed the average financial costs of motherhood and interruptions in the occupation activity and is offering an allowance which covers them.
Amendment  13 Council position Article 8 – paragraph 2
Council position	Amendment
2. The Member States may decide whether the maternity allowance referred to in paragraph 1 is granted on a mandatory or voluntary basis. Accordingly, they may provide that this allowance is granted only upon request of female self-employed workers and female spouses and life partners referred to in Article 2.	2. The Member States may decide whether the maternity allowance referred to in paragraph 1 is granted on a mandatory or voluntary basis.
Amendment  14 Council position Article 8 - paragraph 3 - introductory part
Council position	Amendment
3. The allowance referred to in paragraph 1 shall be deemed adequate if it guarantees an income at least equivalent to:	3. The allowance referred to in paragraph 1 shall be deemed sufficient if it guarantees an income at least equivalent to:
Justification
An 'adequate' allowance implies a subjective judgment, whereas 'sufficient' means that the Member State has assessed the average financial costs of motherhood and interruptions in the occupation activity and is offering an allowance which covers them.
Amendment  15 Council position Article 8 – paragraph 4
Council position	Amendment
4. The Member States shall take the necessary measures to ensure that female self-employed workers and female spouses and life partners referred to in Article 2 have access as far as possible to any existing services supplying temporary replacements or to any existing national social services. The Member States may provide that access to those services is an alternative to or a part of the allowance referred to in paragraph 1 of this Article.	4. The Member States shall take the necessary measures to ensure that female self-employed workers and female spouses and life partners referred to in Article 2 have access to any existing services supplying temporary replacements or to any existing national social services. The Member States may provide that access to those services is an alternative to or a part of the allowance referred to in paragraph 1 of this Article.
Justification
Access to any temporary replacement services or social services existing at national level should not be restricted by a criterion that is neither clear cut nor identifiable.
Amendment  16 Council position Article 11 - paragraph 1
Council position	Amendment
1. The Member States shall designate and make the necessary arrangements for a body or bodies for the promotion, analysis, monitoring and support of equal treatment of all persons without discrimination on grounds of sex. Such bodies may form part of agencies entrusted at national level with the defence of human rights or the safeguard of individuals' rights, or the implementation of the principle of equal treatment.	1. The Member States shall take the necessary measures to ensure that the body or bodies designated in accordance with Article 20 of Directive 2006/54/EC are also competent for the promotion, analysis, monitoring and support of equal treatment of all persons covered by this Directive without discrimination on grounds of sex.
Justification
This amendment partially reproduces the substance of first-reading Amendment 9, adopted on 6 May 2009, and mentions Article 20 of Directive 2006/54/EC, which has provided for equality bodies to be set up.
Amendment  17 Council position Article 15 – paragraph 1
Council position	Amendment
1. Member States shall communicate all available information concerning the application of this Directive to the Commission by...* .	1. Member States shall communicate all available information concerning the application of this Directive to the Commission by...* .
The Commission shall draw up a summary report for submission to the European Parliament and to the Council no later than …**. Where appropriate, that report shall be accompanied by proposals for amending this Directive.	The Commission shall draw up a summary report for submission to the European Parliament and to the Council no later than …**. This report should take into account any legal change concerning the duration of maternity leave for employees. Where appropriate, that report shall be accompanied by proposals for amending this Directive.
___________	___________
* OJ: Please insert the date that is six years after the entry into force of this Directive.	* OJ: Please insert the date that is five years after the entry into force of this Directive.
** OJ: Please insert the date that is seven years after the entry into force of this Directive.	**OJ: Please insert the date that is six years after the entry into force of this Directive.
Justification
This amendment is based on the same reasons as first-reading Amendment 25, adopted on 6 May 2009: the six- and seven-year time-frames laid down are considered to be too long.

• [1]  Texts adopted, 6.5.2009, P7_TA(2009)0364.

EXPLANATORY STATEMENT

Introduction

The directive of 11 December 1986[1] has failed to achieve its aims, for it is over-tentative. In the resolutions and reports that it adopted in the 1990s, Parliament called repeatedly for the directive to be improved.

In spite of the fact that Parliament drew attention again and again to its highly detailed proposals to ensure equal treatment between men and women engaged in an activity in a self-employed capacity, including their assisting spouses and recognised partners, it was not until October 2008 that the Commission proposed repealing Directive 86/613/EEC and submitted a proposal for a directive[2] to Parliament and the Council, the specific legal basis for which was Article 141 of the EC Treaty (now Article 157 of the TFEU). This proposal was confined to matters that had not been covered by other directives adopted in the intervening period to implement the principle of equal treatment between men and women[3].

The proposal for a directive provided for significant advances from the point of view of guaranteeing equal treatment of men and women engaged in an activity in a self-employed capacity, assisting spouses included. It sought, for example, to deal with the obstacles preventing women from taking up a self-employed occupation and to that end made provision for positive action or specific measures to enable the underrepresented sex to engage in such activity more readily. As regards the establishment of companies, Member States were called upon to take binding measures to ensure that national law would no longer rule out the possibility for businesses to be set up between spouses or life partners. Maternity protection was to be granted to self-employed women and assisting spouses or recognised partners (they were to be entitled to the maternity leave provided for in Directive 92/85/EEC and to an allowance at least equivalent to any sickness allowance payable under national law; and temporary replacement services were to be offered as an alternative to the allowance). Assisting spouses were to enjoy a level of social security at least equal to the provision for self-employed workers, and it was to be granted on the same terms. However, the proposal did not alter the system allowing the spouses of self-employed workers to join contribution-based schemes on a voluntary basis.

Parliament’s first reading

At first reading Parliament welcomed the proposal for a directive and put forward several amendments aimed at strengthening the Commission proposal and making it more binding by laying down a framework of minimum safeguards for assisting spouses.

As regards the application of the proposal to the assisting spouses or recognised partners of self-employed workers, bearing in mind the varied nature of the types of activity concerned, Parliament maintained that the scope of the provisions should not be confined to persons pursuing gainful farming activity on their own account: although that this is the most common form of employment in the agricultural sector, the same is true of craft trades, commerce, SMEs, and the professions (EP Ams 1 and 10). Regarding the specific measures or advantages to encourage self-employment among the underrepresented sex, Parliament supported the Commission proposal but strengthened it through the use of the term ‘affirmative action’ (EP Am. 4 to recital 10, Article 4 of the proposal for a directive).

As regards the status of assisting spouses, given that they still have no status as such in most of the Member States, as their work is not recognised and their social security, instead of being accorded to them in their own right, consists merely of derived entitlements, Parliament called for them to be given a clearly defined professional status and for their rights to be established, and made a recommendation to that effect to the Member States (EP Ams 3 and 18). On a point closely related to recognition of their work, it called (EP Ams 14 and 40) for recital 13 and Article 6 of the proposal to be amended so as to provide for the possibility of joining insurance schemes – on the understanding that there would be no opt-out and membership would hence be compulsory – under the same conditions as self-employed workers, even if contributions had to calculated on a flat-rate basis; it also sought to ensure that contributions would be tax deductible and treated as, say, operating expenditure. Regarding maternity leave, Parliament called for adjustments to allow for the specific circumstances of assisting spouses, but added the proviso that the duration of the leave could not exceed the provisions of Council Directive 92/85/EEC (EP Am. 15).

Parliament took the view at first reading that it was difficult to accept the Commission proposals (Article 10) in which human rights responsibilities were lumped together with discrimination based on sex. Equal treatment between men and women applies to the population as a whole and not just to minorities discriminated against on other grounds, such as race or religion. That is why the body called upon to ensure proper enforcement of the directive could be the one responsible for directives relating to equal treatment between employed men and women, but not one whose task is to protect human rights (EP Am. 9).

Council position at first reading

The Council position partially reproduces Parliament’s position at first reading, in some cases with changes to the wording or structure; ten EP amendments from first reading have been accepted by the Council (Amendments 4, 9 (in part), 12, 13, 39, 18, 22, 23, 27, and 28).

These amendments relate in particular to the specific measures or advantages to encourage self-employment among the underrepresented sex – in the stronger form of affirmative action – the promotion of female entrepreneurship, the proposal to remove the restrictions on the establishment of companies between spouses or life partners, the new provision to be made for gender mainstreaming, and so forth. The recommendation to recognise the work of the spouses or recognised partners of self-employed workers has been incorporated, with different wording, in recital 8 of the Council position.

The main difference in the Council position relates to social protection for the spouses or recognised partners of self-employed workers. The Council considers that such social protection can be implemented by the Member States on a mandatory or voluntary basis (new Article 7 of its position). It has likewise not accepted the Commission proposal, taken over by Parliament at first reading, that spouses or recognised partners of self-employed workers should be accorded ‘at least equal’ protection. It takes the view that it should be up to Member States to organise their social protection in accordance with national law and, in particular, to decide that it may be proportional to participation in the activities of self-employed workers and/or the level of contributions (recital 16 of the Council position at first reading).

As regards maternity leave, the Council position stipulates that self-employed women and spouses or recognised life partners may, in accordance with national law, be granted a maternity allowance enabling them to take a break from work of at least 14 weeks on account of pregnancy or motherhood. The proposal to lay down a maximum period of leave, as called for in Parliament’s position at first reading (whereby the leave would be no longer than that provided for in Council Directive 92/85/EEC), has not been taken over, given that the directive is intended to establish minimum requirements. The Council position (Article 8), like the Commission proposal, provides for access to replacement services as an alternative to the maternity allowance.

In addition, the Council is following the Commission proposal regarding the bodies called upon to ensure proper enforcement of the directive, since it stipulates that that the same bodies can be responsible both for the above task and for human rights (recital 21 and Article 11 of the Council position).

The rapporteur’s proposal

The rapporteur notes the Council’s determination to make further improvements to the social protection accorded to self-employed workers and to the protection of ‘assisting spouses’, the aim being to remove the barriers to female entrepreneurship.

Some points in the Council position can be accepted, for example the Council’s refusal to alter the existing wording of Directive 86/613/EEC concerning business ‘management’ as the situation to which the principle of non-discrimination should apply (recital 13 and Article 4(1) of the Council position at first reading), its view that the text should be consistent with the existing provisions of Directives 2006/54/EC and 2004/11/EC as regards the omission of the word ‘effective’ (Article 9(1) of the Council position), or the reference to ‘body or bodies’ so as to clearly show that the bodies in question must be those referred to in Directives 2004/113/EC and 2006/54/EC (Article 11(2) of the Council position), etc.

Regarding social protection for the spouses of self-employed workers, there are some differences between the Council position and the EP’s position at first reading: although the Council considers that Member States should be required to take the necessary measures to organise such protection in accordance with their national law, its implementation is deemed to be a matter for the Member States, which can decide whether it should be placed on a mandatory or a voluntary footing and whether protection should be granted only where spouses or life partners so request.

Similarly, as regards maternity protection for self-employed women and, by analogy, the spouses or life partners of self-employed workers, the rapporteur notes that the Council has moved forward to the extent that it has recognised that mothers in these categories need to be granted an allowance enabling them to stop work for long enough to come safely through their pregnancy and physically recover after a normal confinement. The Council’s attitude, namely that the women concerned should be entitled, in accordance with national law, to a maternity allowance enabling them, owing to their pregnancy or motherhood, to interrupt their occupational activity for at least 14 weeks, can be considered an improvement on the present situation, subject to the proviso that the 14 weeks should be regarded as a minimum that Member States may extend, taking into account the women’s particular status and specific needs.

The rapporteur does not think it right to accept the idea that the situation of assisting spouses needs to be improved in the agricultural sector only (recital 4 of the Council position at first reading) or the reference to the quality and the long-term sustainability of social protection systems (recital 19), given that the latter point is not one of the aims of the directive.

She also has reservations about the provision whereby Member States may continue to enforce national measures limiting access to specific social protection schemes or given levels of protection (recital 16 of the Council position) and about the fact that Member States may determine whether the economic situation of the person or family concerned should be taken into account when contributions and/or benefits are calculated (recital 17).

She also cannot accept that the same bodies will be called upon to ensure proper enforcement of the directive and take responsibility for human rights (recital 21 and Article 11 of the Council position), and is therefore proposing that the EP’s first-reading amendment 9 be taken over in part, as regards its substance, as human rights issues should not be confused with equal treatment of men and women.

The rapporteur is confident that appropriate joint solutions can be found, while allowing for existing specific needs, so as to produce a legislative text that will bring about a real improvement for self-employed women and the spouses and recognised life partners of self-employed workers, especially as regards the social protection to be granted to them in their own right, independently of their husbands or partners.

• [1]  Council Directive 86/613/EEC of 11 December 1986 on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood (OJ L 359, 19.12.1986, p. 56).
• [2]  COM(2008)0636.
• [3]  Directives 79/7/EEC, 2004/113/EC, and 2006/54/EC.

PROCEDURE

Title	Equal treatment between men and women engaged in an activity in a self-employed capacity
References	17279/3/2009 – C7-0075/2010 – 2008/0192(COD)
Date of Parliament’s first reading – P number	7.5.2009                     T6-0364/2009
Commission proposal	COM(2008)0636 - C6-0341/2008
Date receipt of common position announced in plenary	25.3.2010
Committee responsible        Date announced in plenary	FEMM 25.3.2010
Rapporteur(s)        Date appointed	Astrid Lulling 19.11.2008
Date adopted	4.5.2010
Result of final vote	+: –: 0:	29 1 1
Members present for the final vote	Regina Bastos, Edit Bauer, Andrea Češková, Marije Cornelissen, Silvia Costa, Tadeusz Cymański, Ilda Figueiredo, Iratxe García Pérez, Zita Gurmai, Teresa Jiménez-Becerril Barrio, Philippe Juvin, Astrid Lulling, Barbara Matera, Angelika Niebler, Siiri Oviir, Antonyia Parvanova, Raül Romeva i Rueda, Joanna Katarzyna Skrzydlewska, Eva-Britt Svensson, Marc Tarabella, Marina Yannakoudakis
Substitute(s) present for the final vote	Nicole Kiil-Nielsen, Elisabeth Morin-Chartier, Norica Nicolai, Chrysoula Paliadeli, Rovana Plumb, Joanna Senyszyn, Corien Wortmann-Kool
Substitute(s) under Rule 187(2) present for the final vote	Agustín Díaz de Mera García Consuegra, Ana Gomes, Alajos Mészáros