BETA


2008/2039(INI) Transposition and application of Directive 2002/73/EC 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

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead FEMM RIERA MADURELL Teresa (icon: PSE PSE)
Committee Opinion EMPL
Lead committee dossier:
Legal Basis:
RoP 54, RoP 54-p4

Events

2009/04/30
   EC - Commission response to text adopted in plenary
Documents
2009/01/15
   EP - Results of vote in Parliament
2009/01/15
   EP - Decision by Parliament
Details

The European Parliament adopted by 537 votes to 22 with 31 abstentions, an alterative joint resolution on the transposition and application of Directive 2002/73/EC 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 proposed in plenary by the following political groups: EPP-ED, PES, ALDE and GUE/NGL.

The own-initiative report had been tabled for consideration in plenary by Teresa RIERA MADURELL (PES, ES) on behalf of the Committee on Women’s Rights and Gender Equality.

Parliament regrets that the Commission's report to the European Parliament and the Council, to be based on information communicated by the Member States by the end of 2005, is not yet available. It calls on the Commission to carefully monitor the transposition of Directive 2002/73/EC as well as compliance with the legislation arising from this transposition, and to continue to exert pressure on Member States. It calls for better information as regards the state of transposition as well as closer cooperation between the competent committees in national parliaments and the European Parliament on monitoring the transposition and implementation of the Directive.

Unclear or insufficient transposition : Parliament regrets the fact that legislation in several Member States does not include in a sufficiently clear and explicit manner definitions of direct and indirect discrimination, harassment and sexual harassment in the Directive. It is concerned that, in several Member States, the scope of the prohibited types of discrimination is not sufficiently wide as to comply with Directive 2002/73/EC. It also regrets the fact that some national legislation contravenes the principle of effective, proportionate and dissuasive sanctions by setting thresholds for the payment of compensation or reparation to the victims of discrimination. Parliament deplores the fact that some Member States have not recognised in an explicit manner the right to return to the same job or an equivalent post after maternity leave. It calls on the Member States to ensure that all the provisions of Directive 2002/73/EC are fully, correctly and effectively transposed and adequately implemented .

Avoid harassment : Parliament asks Member States to take steps to encourage employers to foster working conditions that prevent sexual harassment and harassment on grounds of sex and to institute specific procedures to prevent such behaviour.

Reinforce bodies promoting equal treatment in the Member States : Member States are invited to develop capacities and ensure adequate resources for the bodies promoting equal treatment and equal gender opportunities provided for in Directive 2002/73/EC and to reinforce the exchange of good practices between Member States. Parliament invites the Commission and the Member States to gauge the degree of knowledge of EU citizens of the services offered by the equality bodies, and to launch information campaigns to make these bodies better known.

Raise awareness and victim protection : given the low number of gender equality proceedings and complaints filed, Parliament considers that there is a poor level of awareness of rights under Directive 2002/73/EC. It calls on Member States, trade unions, employers and NGOs to intensify their efforts to inform women of the possibilities open to victims of discrimination under national legislation in force since 2005. Member States are called upon to ensure that assistance granted is independent and free of charge, to strengthen guarantees for victims of discrimination and to provide for the judicial protection of persons defending, or giving evidence on behalf of, a person protected by Directive 2002/73/EC.

Strengthen social dialogue and develop national equality plans : Parliament points to the need to foster social dialogue between the social partners in order to apply the principle of equal treatment by means of the monitoring of workplace practices. It invites Member States to incorporate in their national legislation the requirement for undertakings to develop and implement annual plans on corporate equality and the rights of women and men caring for family members and ensure gender-balanced representation on corporate boards. Employers should provide employees and their representatives with regular information on respect for the principle of equal treatment of women and men.

Better control of the implementation of the equal pay principle : MEPs insist on the need to develop national mechanisms aimed at monitoring the implementation of the equal pay principle and reinstatement at work following maternity leave, paternity leave or leave to care for dependent family members. Noting that the wage gap persists, with women earning wages that are on average 15% below those for men, that this gap was reduced by only 1% between 2000 and 2006. MEPs call on the Commission to renew the planning of support measures for this purpose.

Fight against discrimination : MEPs emphasise the need to combat the specific obstacles faced by women and girls with disabilities and by the parents of children with disabilities as regards equal access to education and to the labour market. They point to the need to ensure greater flexibility regarding parental leave, particularly for parents of handicapped children. Member States are called upon to remove discrimination against girls and young women in the transition from school to training, from training to professional life. They also highlight the need for public childcare and nursing services, and for care of the elderly.

Documents
2009/01/15
   EP - End of procedure in Parliament
2009/01/12
   EP - Debate in Parliament
2008/12/10
   EP - Committee report tabled for plenary, single reading
Documents
2008/12/10
   EP - Committee report tabled for plenary
Documents
2008/12/02
   EP - Vote in committee
Details

The Committee on Women’s Rights and Gender Equality adopted the own-initiative report drafted by Teresa RIERA MADURELL (PES, ES) on transposition and application of Directive 2002/73/EC 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. The committee calls on the Commission to carefully monitor the transposition of Directive 2002/73/EC as well as compliance with the legislation arising from this transposition, and to continue to exert pressure on Member States. It calls for better information as regards the state of transposition as well as closer cooperation between the competent committees in national parliaments and the European Parliament on monitoring the transposition and implementation of the Directive.

Unclear or insufficient transposition : MEPs regret the fact that legislation in several Member States does not include in a sufficiently clear and explicit manner definitions of direct and indirect discrimination, harassment and sexual harassment in the Directive. They are concerned that, in several Member States, the scope of the prohibited types of discrimination is not sufficiently wide as to comply with Directive 2002/73/EC. They regret the fact that some national legislation contravenes the principle of effective, proportionate and dissuasive sanctions by setting thresholds for the payment of compensation or reparation to the victims of discrimination. They also deplore the fact that some Member States have not recognised in an explicit manner the right to return to the same job or an equivalent post after maternity leave. They call on the Member States to ensure that all the provisions of Directive 2002/73/EC are fully, correctly and effectively transposed and adequately implemented.

Avoid harassment : MEPs ask Member States to take steps to encourage employers to foster working conditions that prevent sexual harassment and harassment on grounds of sex and to institute specific procedures to prevent such behaviour.

Reinforce bodies promoting equal treatment in the Member States : Member States are invited to develop capacities and ensure adequate resources for the bodies promoting equal treatment and equal gender opportunities provided for in Directive 2002/73/EC and to reinforce the exchange of good practices between Member States. MEPs invite the Commission and the Member States to gauge the degree of knowledge of EU citizens of the services offered by the equality bodies, and to launch information campaigns to make these bodies better known.

Raise awareness and victim protection : given the low number of gender equality proceedings and complaints filed, MEPs consider that there is a poor level of awareness of rights under Directive 2002/73/EC. They call on Member States, trade unions, employers and NGOs to intensify their efforts to inform women of the possibilities open to victims of discrimination under national legislation in force since 2005. Member States are called upon to ensure that assistance granted is independent and free of charge, to strengthen guarantees for victims of discrimination and to provide for the judicial protection of persons defending, or giving evidence on behalf of, a person protected by Directive 2002/73/EC.

Strengthen social dialogue and develop national equality plans : MEPs point to the need to foster social dialogue between the social partners in order to apply the principle of equal treatment by means of the monitoring of workplace practices. They invite Member States to incorporate in their national legislation the requirement for undertakings to develop and implement annual plans on corporate equality and the rights of women and men caring for family members and ensure gender-balanced representation on corporate boards. Employers should provide employees and their representatives with regular information on respect for the principle of equal treatment of women and men.

Better control of the implementation of the equal pay principle : MEPs insist on the need to develop national mechanisms aimed at monitoring the implementation of the equal pay principle and reinstatement at work following maternity leave, paternity leave or leave to care for dependent family members. Noting that the wage gap persists, with women earning wages that are on average 15% below those for men, that this gap was reduced by only 1% between 2000 and 2006. MEPs call on the Commission to renew the planning of support measures for this purpose.

Fight against discrimination : MEPs emphasise the need to combat the specific obstacles faced by women and girls with disabilities and by the parents of children with disabilities as regards equal access to education and to the labour market. They point to the need to ensure greater flexibility regarding parental leave, particularly for parents of handicapped children. Member States are called upon to remove discrimination against girls and young women in the transition from school to training, from training to professional life. They also highlight the need for public childcare and nursing services, and for care of the elderly.

2008/10/14
   EP - Amendments tabled in committee
Documents
2008/09/19
   EP - Committee draft report
Documents
2008/06/26
   EP - Committee opinion
Documents
2008/02/21
   EP - Committee referral announced in Parliament
2008/02/21
   EP - RIERA MADURELL Teresa (PSE) appointed as rapporteur in FEMM

Documents

AmendmentsDossier
54 2008/2039(INI)
2008/06/04 EMPL 37 amendments...
source: PE-407.757
2008/10/14 FEMM 17 amendments...
source: PE-414.194

History

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

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docs
  • date: 2008-06-26T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE405.896&secondRef=02 title: PE405.896 committee: EMPL type: Committee opinion body: EP
  • date: 2008-09-19T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE412.284 title: PE412.284 type: Committee draft report body: EP
  • date: 2008-10-14T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE414.194 title: PE414.194 type: Amendments tabled in committee body: EP
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  • date: 2009-04-30T00:00:00 docs: url: /oeil/spdoc.do?i=16489&j=0&l=en title: SP(2009)1067 type: Commission response to text adopted in plenary
events
  • date: 2008-02-21T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2008-12-02T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The Committee on Women’s Rights and Gender Equality adopted the own-initiative report drafted by Teresa RIERA MADURELL (PES, ES) on transposition and application of Directive 2002/73/EC 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. The committee calls on the Commission to carefully monitor the transposition of Directive 2002/73/EC as well as compliance with the legislation arising from this transposition, and to continue to exert pressure on Member States. It calls for better information as regards the state of transposition as well as closer cooperation between the competent committees in national parliaments and the European Parliament on monitoring the transposition and implementation of the Directive. Unclear or insufficient transposition : MEPs regret the fact that legislation in several Member States does not include in a sufficiently clear and explicit manner definitions of direct and indirect discrimination, harassment and sexual harassment in the Directive. They are concerned that, in several Member States, the scope of the prohibited types of discrimination is not sufficiently wide as to comply with Directive 2002/73/EC. They regret the fact that some national legislation contravenes the principle of effective, proportionate and dissuasive sanctions by setting thresholds for the payment of compensation or reparation to the victims of discrimination. They also deplore the fact that some Member States have not recognised in an explicit manner the right to return to the same job or an equivalent post after maternity leave. They call on the Member States to ensure that all the provisions of Directive 2002/73/EC are fully, correctly and effectively transposed and adequately implemented. Avoid harassment : MEPs ask Member States to take steps to encourage employers to foster working conditions that prevent sexual harassment and harassment on grounds of sex and to institute specific procedures to prevent such behaviour. Reinforce bodies promoting equal treatment in the Member States : Member States are invited to develop capacities and ensure adequate resources for the bodies promoting equal treatment and equal gender opportunities provided for in Directive 2002/73/EC and to reinforce the exchange of good practices between Member States. MEPs invite the Commission and the Member States to gauge the degree of knowledge of EU citizens of the services offered by the equality bodies, and to launch information campaigns to make these bodies better known. Raise awareness and victim protection : given the low number of gender equality proceedings and complaints filed, MEPs consider that there is a poor level of awareness of rights under Directive 2002/73/EC. They call on Member States, trade unions, employers and NGOs to intensify their efforts to inform women of the possibilities open to victims of discrimination under national legislation in force since 2005. Member States are called upon to ensure that assistance granted is independent and free of charge, to strengthen guarantees for victims of discrimination and to provide for the judicial protection of persons defending, or giving evidence on behalf of, a person protected by Directive 2002/73/EC. Strengthen social dialogue and develop national equality plans : MEPs point to the need to foster social dialogue between the social partners in order to apply the principle of equal treatment by means of the monitoring of workplace practices. They invite Member States to incorporate in their national legislation the requirement for undertakings to develop and implement annual plans on corporate equality and the rights of women and men caring for family members and ensure gender-balanced representation on corporate boards. Employers should provide employees and their representatives with regular information on respect for the principle of equal treatment of women and men. Better control of the implementation of the equal pay principle : MEPs insist on the need to develop national mechanisms aimed at monitoring the implementation of the equal pay principle and reinstatement at work following maternity leave, paternity leave or leave to care for dependent family members. Noting that the wage gap persists, with women earning wages that are on average 15% below those for men, that this gap was reduced by only 1% between 2000 and 2006. MEPs call on the Commission to renew the planning of support measures for this purpose. Fight against discrimination : MEPs emphasise the need to combat the specific obstacles faced by women and girls with disabilities and by the parents of children with disabilities as regards equal access to education and to the labour market. They point to the need to ensure greater flexibility regarding parental leave, particularly for parents of handicapped children. Member States are called upon to remove discrimination against girls and young women in the transition from school to training, from training to professional life. They also highlight the need for public childcare and nursing services, and for care of the elderly.
  • date: 2008-12-10T00:00:00 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=A6-2008-491&language=EN title: A6-0491/2008
  • date: 2009-01-12T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20090112&type=CRE title: Debate in Parliament
  • date: 2009-01-15T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=16489&l=en title: Results of vote in Parliament
  • date: 2009-01-15T00:00:00 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=P6-TA-2009-24 title: T6-0024/2009 summary: The European Parliament adopted by 537 votes to 22 with 31 abstentions, an alterative joint resolution on the transposition and application of Directive 2002/73/EC 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 proposed in plenary by the following political groups: EPP-ED, PES, ALDE and GUE/NGL. The own-initiative report had been tabled for consideration in plenary by Teresa RIERA MADURELL (PES, ES) on behalf of the Committee on Women’s Rights and Gender Equality. Parliament regrets that the Commission's report to the European Parliament and the Council, to be based on information communicated by the Member States by the end of 2005, is not yet available. It calls on the Commission to carefully monitor the transposition of Directive 2002/73/EC as well as compliance with the legislation arising from this transposition, and to continue to exert pressure on Member States. It calls for better information as regards the state of transposition as well as closer cooperation between the competent committees in national parliaments and the European Parliament on monitoring the transposition and implementation of the Directive. Unclear or insufficient transposition : Parliament regrets the fact that legislation in several Member States does not include in a sufficiently clear and explicit manner definitions of direct and indirect discrimination, harassment and sexual harassment in the Directive. It is concerned that, in several Member States, the scope of the prohibited types of discrimination is not sufficiently wide as to comply with Directive 2002/73/EC. It also regrets the fact that some national legislation contravenes the principle of effective, proportionate and dissuasive sanctions by setting thresholds for the payment of compensation or reparation to the victims of discrimination. Parliament deplores the fact that some Member States have not recognised in an explicit manner the right to return to the same job or an equivalent post after maternity leave. It calls on the Member States to ensure that all the provisions of Directive 2002/73/EC are fully, correctly and effectively transposed and adequately implemented . Avoid harassment : Parliament asks Member States to take steps to encourage employers to foster working conditions that prevent sexual harassment and harassment on grounds of sex and to institute specific procedures to prevent such behaviour. Reinforce bodies promoting equal treatment in the Member States : Member States are invited to develop capacities and ensure adequate resources for the bodies promoting equal treatment and equal gender opportunities provided for in Directive 2002/73/EC and to reinforce the exchange of good practices between Member States. Parliament invites the Commission and the Member States to gauge the degree of knowledge of EU citizens of the services offered by the equality bodies, and to launch information campaigns to make these bodies better known. Raise awareness and victim protection : given the low number of gender equality proceedings and complaints filed, Parliament considers that there is a poor level of awareness of rights under Directive 2002/73/EC. It calls on Member States, trade unions, employers and NGOs to intensify their efforts to inform women of the possibilities open to victims of discrimination under national legislation in force since 2005. Member States are called upon to ensure that assistance granted is independent and free of charge, to strengthen guarantees for victims of discrimination and to provide for the judicial protection of persons defending, or giving evidence on behalf of, a person protected by Directive 2002/73/EC. Strengthen social dialogue and develop national equality plans : Parliament points to the need to foster social dialogue between the social partners in order to apply the principle of equal treatment by means of the monitoring of workplace practices. It invites Member States to incorporate in their national legislation the requirement for undertakings to develop and implement annual plans on corporate equality and the rights of women and men caring for family members and ensure gender-balanced representation on corporate boards. Employers should provide employees and their representatives with regular information on respect for the principle of equal treatment of women and men. Better control of the implementation of the equal pay principle : MEPs insist on the need to develop national mechanisms aimed at monitoring the implementation of the equal pay principle and reinstatement at work following maternity leave, paternity leave or leave to care for dependent family members. Noting that the wage gap persists, with women earning wages that are on average 15% below those for men, that this gap was reduced by only 1% between 2000 and 2006. MEPs call on the Commission to renew the planning of support measures for this purpose. Fight against discrimination : MEPs emphasise the need to combat the specific obstacles faced by women and girls with disabilities and by the parents of children with disabilities as regards equal access to education and to the labour market. They point to the need to ensure greater flexibility regarding parental leave, particularly for parents of handicapped children. Member States are called upon to remove discrimination against girls and young women in the transition from school to training, from training to professional life. They also highlight the need for public childcare and nursing services, and for care of the elderly.
  • date: 2009-01-15T00:00:00 type: End of procedure in Parliament body: EP
links
other
  • body: EC dg: url: http://ec.europa.eu/social/ title: Employment, Social Affairs and Inclusion commissioner: ŠPIDLA Vladimír
procedure/dossier_of_the_committee
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FEMM/6/59438
New
  • FEMM/6/59438
procedure/legal_basis/0
Rules of Procedure EP 052
procedure/legal_basis/0
Rules of Procedure of the European Parliament EP 052
procedure/legal_basis/1
Rules of Procedure EP 052-p4
procedure/legal_basis/1
Rules of Procedure of the European Parliament EP 052-p2
procedure/subject
Old
  • 4.15.08 Work, employment, wages and salaries: equal opportunities women and men, and for all
New
4.15.08
Work, employment, wages and salaries: equal opportunities women and men, and for all
procedure/subtype
Old
Initiative
New
  • Initiative
  • See also Directive 2002/73/EC 2000/0142(COD)
activities
  • date: 2008-02-21T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee: EMPL date: 2008-04-01T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: GUE/NGL name: FIGUEIREDO Ilda body: EP responsible: True committee: FEMM date: 2008-02-21T00:00:00 committee_full: Women's Rights and Gender Equality rapporteur: group: PSE name: RIERA MADURELL Teresa
  • date: 2008-12-02T00:00:00 body: EP committees: body: EP responsible: False committee: EMPL date: 2008-04-01T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: GUE/NGL name: FIGUEIREDO Ilda body: EP responsible: True committee: FEMM date: 2008-02-21T00:00:00 committee_full: Women's Rights and Gender Equality rapporteur: group: PSE name: RIERA MADURELL Teresa type: Vote in committee, 1st reading/single reading
  • date: 2008-12-10T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-491&language=EN type: Committee report tabled for plenary, single reading title: A6-0491/2008 body: EP type: Committee report tabled for plenary, single reading
  • date: 2009-01-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20090112&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2009-01-15T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=16489&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=P6-TA-2009-24 type: Decision by Parliament, 1st reading/single reading title: T6-0024/2009 body: EP type: Results of vote in Parliament
committees
  • body: EP responsible: False committee: EMPL date: 2008-04-01T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: GUE/NGL name: FIGUEIREDO Ilda
  • body: EP responsible: True committee: FEMM date: 2008-02-21T00:00:00 committee_full: Women's Rights and Gender Equality rapporteur: group: PSE name: RIERA MADURELL Teresa
links
other
  • body: EC dg: url: http://ec.europa.eu/social/ title: Employment, Social Affairs and Inclusion commissioner: ŠPIDLA Vladimír
procedure
dossier_of_the_committee
FEMM/6/59438
reference
2008/2039(INI)
title
Transposition and application of Directive 2002/73/EC 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
legal_basis
stage_reached
Procedure completed
subtype
Initiative
type
INI - Own-initiative procedure
subject
4.15.08 Work, employment, wages and salaries: equal opportunities women and men, and for all