BETA


2010/2043(INI) Transposition and application of Council Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead FEMM GURMAI Zita (icon: S&D S&D) SKRZYDLEWSKA Joanna Katarzyna (icon: PPE PPE), IN 'T VELD Sophia (icon: ALDE ALDE), CORNELISSEN Marije (icon: Verts/ALE Verts/ALE), ČEŠKOVÁ Andrea (icon: ECR ECR)
Committee Opinion EMPL
Lead committee dossier:
Legal Basis:
RoP 142-p2

Events

2013/07/31
   EC - Commission response to text adopted in plenary
Documents
2013/04/16
   EP - Results of vote in Parliament
2013/04/16
   EP - Decision by Parliament
Details

The European Parliament adopted by 488 votes to 152, with 35 abstentions a resolution on the transposition and application of Council Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services.

Parliament regrets the fact that the Commission has not presented its report on the application of Council Directive 2004/113/EC or published up-to-date data on ongoing national implementation processes.

Although it acknowledges that the Test-Achats ruling may have had an impact on Member States’ implementation processes, it notes that this alone cannot justify the failure to publish the report required by the Directive in time. It therefore calls on the Commission to publish its report and all available data without delay. It also expects the development of unisex criteria to result in pricing based on multiple risk factors which fairly reflect individuals' level of risk regardless of gender, and to detect any potential gender-based discrimination.

The resolution calls on the Commission and the Member States to take concrete measures to explain the Directive and its impact, with concrete examples, in order to ensure that both women and men can take full ownership of the directive and use it appropriately as an effective tool for safeguarding their rights with regard to equal treatment in access to all goods and services .

While welcoming the Test-Achats ruling, Parliament considers that it has created ongoing uncertainty on the insurance market and that the subsequent guidelines published by the Commission - in the absence of a binding or legislative effect - have not fully dispelled this uncertainty. It calls, therefore, on the Commission to take practical steps to address the problem by proposing a new legislative text that is fully in line with the guidelines.

Parliament calls on the Commission to:

monitor the application of the provision in the Directive relating to the shift in the burden of proof in all Member States; open informal dialogue with the insurance industry on risk assessment; present the methodology it will use to measure the effects of the Test-Achats ruling on insurance pricing and analyse the issue with a focus on consumer protection policy as well; take into consideration cases of discrimination in relation to pregnancy, planning of motherhood, and maternity as regards, for instance, the housing sector (renting) or difficulties in obtaining loans, as well as access to medical goods and services , in particular access to legally available reproductive healthcare and gender reassignment treatment; monitor the implementation and application of the Directive with regard to pregnant asylum-seeking women awaiting the outcome of their asylum claims, as well as to any discrimination related to breastfeeding ; gather best practices and make them available to Member States in order to provide the necessary resources for supporting positive action and ensuring better implementation of the respective provisions at national level; establish a public database of legislation and case law relating to discrimination on gender.

The resolution notes with disappointment that, in some Member States, women entrepreneurs are frequently discriminated against when trying to secure loans or credit for their businesses and still often face barriers based on gender stereotypes.

Parliament points out the need for the Directive to be transposed in a timely manner in all the Member States and also underlines the need for data and more transparency from the Commission on ongoing infringement procedures and actions.

Lastly, Parliament highlights the need for financial support for, and EU coordination of, further training for legal practitioners active in the field of gender-based discrimination, taking into account the role played by national courts.

Documents
2013/04/16
   EP - End of procedure in Parliament
2013/04/15
   EP - Debate in Parliament
2013/02/25
   EP - Committee report tabled for plenary
Details

The Committee on Women’s Rights and Gender Equality adopted the report by Zita GURMAI (S&D, HU) on transposition and application of Council Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services.

Members regret the fact that the Commission has not presented its report on the application of Council Directive 2004/113/EC or published up-to-date data on ongoing national implementation processes.

Although they acknowledge that the Test-Achats ruling may have had an impact on Member States ’ implementation processes, they note that this alone cannot justify the failure to publish the report required by the Directive in time. They therefore call on the Commission to publish its report and all available data without delay.

Members also call on the Commission and the Member States to take concrete measures to explain the Directive and its impact, with concrete examples, in order to ensure that both women and men can take full ownership of the directive and use it appropriately as an effective tool for safeguarding their rights with regard to equal treatment in access to all goods and services.

While they welcome the Test-Achats ruling , they consider that it has created ongoing uncertainty on the insurance market and that the subsequently guidelines published by the Commission - in the absence of a binding or legislative effect - have not fully dispelled this uncertainty.

Members call on the Commission to:

monitor the application of the provision in the Directive relating to the shift in the burden of proof in all Member States; take practical steps to address the problem by proposing a new legislative text that is fully in line with the guidelines ; open informal dialogue with the insurance industry on risk assessment; present the methodology it will use to measure the effects of the Test-Achats ruling on insurance pricing and analyse the issue with a focus on consumer protection policy as well; consider including media and advertising content in the scope of the Directive, taking into account its significance, as well as the significance of education, in the creation, retention and development of gender-based stereotypes, as well as in increasing the sexualisation of girls; take into consideration cases of discrimination in relation to pregnancy, planning of motherhood, and maternity as regards, for instance, the housing sector (renting) or difficulties in obtaining loans, as well as access to medical goods and services , in particular access to legally available reproductive healthcare and gender reassignment treatment; monitor the implementation and application of the Directive with regard to pregnant asylum-seeking women awaiting the outcome of their asylum claims, as well as to any discrimination related to breastfeeding ; gather best practices and make them available to Member States in order to provide the necessary resources for supporting positive action and ensuring better implementation of the respective provisions at national level; establish a public database of legislation and case law relating to discrimination on gender.

The report notes with disappointment that in some Member States women entrepreneurs , in particular single mothers, are frequently discriminated against when trying to secure loans or credit for their businesses and still often face barriers based on gender stereotypes.

Lastly, Members point out the need for financial support for, and EU coordination of, further training for legal practitioners active in the field of gender-based discrimination, taking into account the role played by national courts.

Documents
2013/02/19
   EP - Vote in committee
2013/01/29
   EP - Amendments tabled in committee
Documents
2012/12/11
   EP - Committee draft report
Documents
2010/04/21
   EP - Committee referral announced in Parliament
2010/03/15
   EP - GURMAI Zita (S&D) appointed as rapporteur in FEMM

Documents

Activities

AmendmentsDossier
30 2010/2043(INI)
2013/01/29 FEMM 30 amendments...
source: PE-504.024

History

(these mark the time of scraping, not the official date of the change)

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Committee referral announced in Parliament
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Old
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  • date: 2010-04-21T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Employment and Social Affairs committee: EMPL body: EP shadows: group: PPE name: SKRZYDLEWSKA Joanna Katarzyna group: ALDE name: IN 'T VELD Sophia group: Verts/ALE name: CORNELISSEN Marije group: ECR name: ČEŠKOVÁ Andrea group: GUE/NGL name: LIOTARD Kartika Tamara responsible: True committee: FEMM date: 2010-03-15T00:00:00 committee_full: Women's Rights and Gender Equality rapporteur: group: S&D name: GURMAI Zita
  • date: 2013-02-19T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee_full: Employment and Social Affairs committee: EMPL body: EP shadows: group: PPE name: SKRZYDLEWSKA Joanna Katarzyna group: ALDE name: IN 'T VELD Sophia group: Verts/ALE name: CORNELISSEN Marije group: ECR name: ČEŠKOVÁ Andrea group: GUE/NGL name: LIOTARD Kartika Tamara responsible: True committee: FEMM date: 2010-03-15T00:00:00 committee_full: Women's Rights and Gender Equality rapporteur: group: S&D name: GURMAI Zita
  • date: 2013-02-25T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-44&language=EN type: Committee report tabled for plenary, single reading title: A7-0044/2013 body: EP type: Committee report tabled for plenary, single reading
  • date: 2013-04-15T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20130415&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2013-04-16T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=22613&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2013-118 type: Decision by Parliament, 1st reading/single reading title: T7-0118/2013 body: EP type: Results of vote in Parliament
commission
  • body: EC dg: Justice and Consumers commissioner: REDING Viviane
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docs
  • date: 2012-12-11T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE500.623 title: PE500.623 type: Committee draft report body: EP
  • date: 2013-01-29T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE504.024 title: PE504.024 type: Amendments tabled in committee body: EP
  • date: 2013-07-31T00:00:00 docs: url: /oeil/spdoc.do?i=22613&j=0&l=en title: SP(2013)472 type: Commission response to text adopted in plenary
events
  • date: 2010-04-21T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2013-02-19T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2013-02-25T00:00:00 type: Committee report tabled for plenary, single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-44&language=EN title: A7-0044/2013 summary: The Committee on Women’s Rights and Gender Equality adopted the report by Zita GURMAI (S&D, HU) on transposition and application of Council Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services. Members regret the fact that the Commission has not presented its report on the application of Council Directive 2004/113/EC or published up-to-date data on ongoing national implementation processes. Although they acknowledge that the Test-Achats ruling may have had an impact on Member States ’ implementation processes, they note that this alone cannot justify the failure to publish the report required by the Directive in time. They therefore call on the Commission to publish its report and all available data without delay. Members also call on the Commission and the Member States to take concrete measures to explain the Directive and its impact, with concrete examples, in order to ensure that both women and men can take full ownership of the directive and use it appropriately as an effective tool for safeguarding their rights with regard to equal treatment in access to all goods and services. While they welcome the Test-Achats ruling , they consider that it has created ongoing uncertainty on the insurance market and that the subsequently guidelines published by the Commission - in the absence of a binding or legislative effect - have not fully dispelled this uncertainty. Members call on the Commission to: monitor the application of the provision in the Directive relating to the shift in the burden of proof in all Member States; take practical steps to address the problem by proposing a new legislative text that is fully in line with the guidelines ; open informal dialogue with the insurance industry on risk assessment; present the methodology it will use to measure the effects of the Test-Achats ruling on insurance pricing and analyse the issue with a focus on consumer protection policy as well; consider including media and advertising content in the scope of the Directive, taking into account its significance, as well as the significance of education, in the creation, retention and development of gender-based stereotypes, as well as in increasing the sexualisation of girls; take into consideration cases of discrimination in relation to pregnancy, planning of motherhood, and maternity as regards, for instance, the housing sector (renting) or difficulties in obtaining loans, as well as access to medical goods and services , in particular access to legally available reproductive healthcare and gender reassignment treatment; monitor the implementation and application of the Directive with regard to pregnant asylum-seeking women awaiting the outcome of their asylum claims, as well as to any discrimination related to breastfeeding ; gather best practices and make them available to Member States in order to provide the necessary resources for supporting positive action and ensuring better implementation of the respective provisions at national level; establish a public database of legislation and case law relating to discrimination on gender. The report notes with disappointment that in some Member States women entrepreneurs , in particular single mothers, are frequently discriminated against when trying to secure loans or credit for their businesses and still often face barriers based on gender stereotypes. Lastly, Members point out the need for financial support for, and EU coordination of, further training for legal practitioners active in the field of gender-based discrimination, taking into account the role played by national courts.
  • date: 2013-04-15T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20130415&type=CRE title: Debate in Parliament
  • date: 2013-04-16T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=22613&l=en title: Results of vote in Parliament
  • date: 2013-04-16T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2013-118 title: T7-0118/2013 summary: The European Parliament adopted by 488 votes to 152, with 35 abstentions a resolution on the transposition and application of Council Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services. Parliament regrets the fact that the Commission has not presented its report on the application of Council Directive 2004/113/EC or published up-to-date data on ongoing national implementation processes. Although it acknowledges that the Test-Achats ruling may have had an impact on Member States’ implementation processes, it notes that this alone cannot justify the failure to publish the report required by the Directive in time. It therefore calls on the Commission to publish its report and all available data without delay. It also expects the development of unisex criteria to result in pricing based on multiple risk factors which fairly reflect individuals' level of risk regardless of gender, and to detect any potential gender-based discrimination. The resolution calls on the Commission and the Member States to take concrete measures to explain the Directive and its impact, with concrete examples, in order to ensure that both women and men can take full ownership of the directive and use it appropriately as an effective tool for safeguarding their rights with regard to equal treatment in access to all goods and services . While welcoming the Test-Achats ruling, Parliament considers that it has created ongoing uncertainty on the insurance market and that the subsequent guidelines published by the Commission - in the absence of a binding or legislative effect - have not fully dispelled this uncertainty. It calls, therefore, on the Commission to take practical steps to address the problem by proposing a new legislative text that is fully in line with the guidelines. Parliament calls on the Commission to: monitor the application of the provision in the Directive relating to the shift in the burden of proof in all Member States; open informal dialogue with the insurance industry on risk assessment; present the methodology it will use to measure the effects of the Test-Achats ruling on insurance pricing and analyse the issue with a focus on consumer protection policy as well; take into consideration cases of discrimination in relation to pregnancy, planning of motherhood, and maternity as regards, for instance, the housing sector (renting) or difficulties in obtaining loans, as well as access to medical goods and services , in particular access to legally available reproductive healthcare and gender reassignment treatment; monitor the implementation and application of the Directive with regard to pregnant asylum-seeking women awaiting the outcome of their asylum claims, as well as to any discrimination related to breastfeeding ; gather best practices and make them available to Member States in order to provide the necessary resources for supporting positive action and ensuring better implementation of the respective provisions at national level; establish a public database of legislation and case law relating to discrimination on gender. The resolution notes with disappointment that, in some Member States, women entrepreneurs are frequently discriminated against when trying to secure loans or credit for their businesses and still often face barriers based on gender stereotypes. Parliament points out the need for the Directive to be transposed in a timely manner in all the Member States and also underlines the need for data and more transparency from the Commission on ongoing infringement procedures and actions. Lastly, Parliament highlights the need for financial support for, and EU coordination of, further training for legal practitioners active in the field of gender-based discrimination, taking into account the role played by national courts.
  • date: 2013-04-16T00:00:00 type: End of procedure in Parliament body: EP
links
other
  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice commissioner: REDING Viviane
procedure/Modified legal basis
Old
Rules of Procedure of the European Parliament EP 150
New
Rules of Procedure EP 150
procedure/dossier_of_the_committee
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New
  • FEMM/7/02466
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procedure/legal_basis/0
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  • 2.50.05 Insurance, pension funds
  • 4.10.04 Gender equality
  • 8.50.01 Implementation of EU law
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2.50.05
Insurance, pension funds
4.10.04
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8.50.01
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  • Implementation
  • See also Directive 2004/113/EC 2003/0265(CNS)
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activities
  • date: 2010-04-21T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Employment and Social Affairs committee: EMPL body: EP shadows: group: PPE name: SKRZYDLEWSKA Joanna Katarzyna group: ALDE name: IN 'T VELD Sophia group: Verts/ALE name: CORNELISSEN Marije group: ECR name: ČEŠKOVÁ Andrea group: GUE/NGL name: LIOTARD Kartika Tamara responsible: True committee: FEMM date: 2010-03-15T00:00:00 committee_full: Women's Rights and Gender Equality rapporteur: group: S&D name: GURMAI Zita
  • date: 2013-02-19T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee_full: Employment and Social Affairs committee: EMPL body: EP shadows: group: PPE name: SKRZYDLEWSKA Joanna Katarzyna group: ALDE name: IN 'T VELD Sophia group: Verts/ALE name: CORNELISSEN Marije group: ECR name: ČEŠKOVÁ Andrea group: GUE/NGL name: LIOTARD Kartika Tamara responsible: True committee: FEMM date: 2010-03-15T00:00:00 committee_full: Women's Rights and Gender Equality rapporteur: group: S&D name: GURMAI Zita
  • date: 2013-02-25T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-44&language=EN type: Committee report tabled for plenary, single reading title: A7-0044/2013 body: EP type: Committee report tabled for plenary, single reading
  • date: 2013-04-15T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20130415&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2013-04-16T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=22613&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2013-118 type: Decision by Parliament, 1st reading/single reading title: T7-0118/2013 body: EP type: Results of vote in Parliament
committees
  • body: EP responsible: False committee_full: Employment and Social Affairs committee: EMPL
  • body: EP shadows: group: PPE name: SKRZYDLEWSKA Joanna Katarzyna group: ALDE name: IN 'T VELD Sophia group: Verts/ALE name: CORNELISSEN Marije group: ECR name: ČEŠKOVÁ Andrea group: GUE/NGL name: LIOTARD Kartika Tamara responsible: True committee: FEMM date: 2010-03-15T00:00:00 committee_full: Women's Rights and Gender Equality rapporteur: group: S&D name: GURMAI Zita
links
other
  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice commissioner: REDING Viviane
procedure
dossier_of_the_committee
FEMM/7/02466
reference
2010/2043(INI)
title
Transposition and application of Council Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services
legal_basis
Rules of Procedure of the European Parliament EP 132-p2
stage_reached
Procedure completed
summary
See also Directive 2004/113/EC
subtype
Implementation
Modified legal basis
Rules of Procedure of the European Parliament EP 150
type
INI - Own-initiative procedure
subject