2008-0140-Discrimination-ST06608.EN10

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COUNCIL OF

THE EUROPEAN UNION

Brussels, 17 February 2010

Interinstitutional File:

2008/0140 (CNS)

6608/10

LIMITE

SOC 129

JAI 148

MI 56

NOTE

from :

The General Secretariat

to :

The Working Party on Social Questions

No. prev. doc. :

6092/10 SOC 75 JAI 108 MI 39

No. Cion prop. :

11531/08 SOC 411 JAI 368 MI 246

Subject :

Proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation

Delegations will find attached a note from the delegation of Cyprus with a view to the meeting of the Working Party on Social Questions on 18 February 2010.

__________________


 

Note from the delegation of CYPRUS

Subject: Recital 15

Cyprus would be interested to hear the views of Member States and the Commission on to the following suggestion concerning Recital 15:

15.     Actuarial and risk factors related to disability and to age are used in the provision of insurance, banking and other financial services. These should not be regarded as constituting discrimination where service providers have shown to the competent authorities, by relevant actuarial principles, accurate statistical data or medical knowledge, that such factors are determining factors for the assessment of risk.

Justification

This addition is necessary so that Recital 15 complies with Article 2 paragraph 7(a). Otherwise it would not be clear to whom the service providers would “have shown….. that such factors are determining factors for the assessment of risk”.

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