Activites

• 2004/12/21 Final act published in Official Journal
  • Directive 2004/113
  • OJ L 373 21.12.2004, p. 0037-0043
• #2630
• 2004/12/13 Council Meeting
• 2004/12/13 End of procedure in Parliament
• 2004/12/13 Act adopted by Council after consultation of Parliament
• #Prés
• 2004/10/04 Council Meeting
• #2586
• 2004/06/01 Council Meeting
  • X020
• 2004/03/30 Decision by Parliament, 1st reading/single reading
  • T5-0221/2004 summary

    The European Parliament adopted the report by Christa PRETS (PES, A) by 313 votes for, 141 against and 47 abstentions. (Please refer to the summary dated 15 March 2004). The new directive which attacks discrimination in particular regarding private pension schemes and the insurance sector, but also more broadly regarding the provision of goods and services caused great debate in Plenary. All goods and services available to the public are included, providing they have an economic value and are supplied for payment, whether in the public or private sectors. This includes medical and health care services, insurance and financial services - essentially all good and services outside the workplace, which is covered by an existing directive. There is no impact on the content of the media or on advertising except for advertising relating to the conditions of access to goods and services. The new Directive is based on Article 13 of the EC Treaty, which gives the Council the power to take measures to combat all forms of discrimination, notably those based on sex. This legal base allows only for the consultation of Parliament. The European Parliament is of the opinion that sex is a factor which may not be influenced, so the differences in premiums or benefits of insurance products based on this (including the risk of pregnancy) are discriminatory. Different pricing should be linked to individual behaviour and choices (such as eating habits, smoking, use of alcohol, job etc.). Concerning the implementation of the Directive, Member States have 2 years to transpose the directive into national law, except for the insurance and financial services sector, where Parliament proposes an additional period of 4 years, bringing the total to 6 years. This is in anticipation of possible difficulties for this sector, on which the Parliament wants Member States to report to the Council, Commission and Parliament. Given the differences between the Member States and the risk of competition being distorted during the transition period, the Member States must also report to the Commission on the progress made in eliminating the use of sex as a factor in calculation premiums, insurance and contributions. These reports, which would also be sent to Parliament and the Council, have the aim of ensuring objectivity and transparency. Lastly, the European Parliament is also calling for a change to the name of the directive, which originally referred to the principle of equal treatment - it should now refer simply to equality, reflecting the inclusion of equality between men and women as one of the fundamental rights of the proposed European Constitution.�

• 2004/03/29 Debate in Parliament
  • Debate in Parliament
• 2004/03/16 Vote in committee, 1st reading/single reading
  • A5-0155/2004
• 2004/01/12 Committee referral announced in Parliament, 1st reading/single reading
• 2003/11/05 Legislative proposal published
  • COM(2003)0657 summary

    PURPOSE : to lay down a framework for combating discrimination based on sex in the access to and the supply of goods and services. PROPOSED ACT : Council Directive. CONTENT : this proposal prohibits both direct and indirect discrimination based on sex in the access to and supply of goods and services. Services should be taken to be those which are normally provided for remuneration. The main points to note are as follows: - the prohibition of discrimination applies to access to and supply of goods and services which are available to the public. It does not apply to the content of media or advertising; - the principle of equal treatment does not preclude differences which are related to goods or services for which men and women are not in a comparable situation because the goods or services are intended exclusively or primarily for the members of one sex. This applies to private membership clubs, or to skills which are practised differently for each sex; - the use of actuarial factors related to sex is widespread in the provision of insurance services, even when such differences do not necessarily reflect objective differences. This proposal eliminates the use of actuarial factors related to sex. To avoid a sudden readjustment of the market, the prohibition of the use of such factors applies only to new contracts concluded after the date of transposition of this Directive. The phase in period proposed is a long one; - during the transitional period, the use of actuarial factors related to sex when calculating premiums and benefits accruing from insurance and other financial services must be transparent for the consumer. Member States have to compile actuarial data for the guidance of insurance companies; - associations and organisations are empowered to engage in proceedings either on behalf or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts; - the rules on the burden of proof are adapted when there is a prima facie case of discrimination. For the principle of equal treatment to be applied effectively, the burden of proof shifts back to the defendant when evidence of such discrimination is brought; - Member States must establish a body or bodies, with competence to analyse the problems involved, to study possible solutions and to provide concrete assistance for the victims.�

  • DG [{'url': 'http://ec.europa.eu/social/', 'title': 'Employment, Social Affairs and Inclusion'}],

Documents

• Legislative proposal published: COM(2003)0657
• Committee report tabled for plenary, 1st reading/single reading: A5-0155/2004
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 1st reading/single reading: T5-0221/2004
• Debate in Council: X020
• : Directive 2004/113
• : OJ L 373 21.12.2004, p. 0037-0043

History

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