### 36. calls on the commission and the member states to monitor and assess the risk for the persons being smuggled of becoming victims of trafficking , with a particular focus on the situation of unaccompanied minors and women; underlines , in this context , the need for more legal and safe routes for migration in order to prevent the exploitation of vulnerable people with irregular status; ### 36. calls on the commission and the member states to enhance control measures so that to avoid the risk for the persons being smuggled of becoming victims of trafficking , with a particular focus on the situation of unaccompanied minors and women; underlines , in this context , the need for effectively enforce laws and enacting stronger sanctions to human traffickers and migrant smugglers.


### 37. calls on the commission to include in the new strategy on trafficking in human beings clear steps as regards the appointment of the eu atc; ### deleted


### — having regard to the beijing declaration and platform for action adopted by the fourth world conference on women on 15 september 1995 and to the subsequent outcome documents adopted at the united nations beijing +5 (2005) , beijing +15 (2010) , and at the beijing +20 review conference ### deleted


### — having regard to the joint un commentary on the eu directive on preventing and combating trafficking in human beings and protecting victims , which calls for international protection to be provided to victims of human trafficking in a gender-sensitive manner , ### deleted


### — having regard to the council of europe convention on preventing and combating violence against women and domestic violence (‘the istanbul convention’) , ### deleted


### — having regard to its resolution of 28 november 2019 on the eu’s accession to the istanbul convention and other measures to combat gender-based violence10 , ### deleted


### — having regard to its resolution of 5 july 2016 on the fight against trafficking in human beings in the eu’s external relations11 , ### deleted


### — having regard to its resolution of 12 may 2016 on implementation of the directive 2011/36/eu of 5 april 2011 on preventing and combating trafficking in human beings and protecting its victims from a gender perspective12 , ### deleted


### — having regard to its resolution of 26 february 2014 on sexual exploitation and prostitution and its impact on gender equality13 , ### deleted


### — having regard to the commission communication of 5 march 2020 entitled ‘a union of equality: gender equality strategy 2020-2025’ (com(2020)0152) , ### deleted


### — having regard to the european implementation assessment of directive 2011/36/eu: migration and gender issues , published by its directorate-general for parliamentary research services on 15 september 202014 , ### deleted


### — having regard to the joint deliberations of the committee on civil liberties , justice and home affairs and the committee on women’s rights and gender equality under rule 58 of the rules of procedure , ### deleted


### — having regard to the report of the committee on civil liberties , justice and home affairs and the committee on women’s rights and gender equality (a9-0000/2020) , ### deleted


### 2. commends the good work done by the eu anti-trafficking coordinator (eu atc) in coordinating the eu’s response to thb and developing knowledge and findings on the various aspects of thb , including research into the gender dimension and the particular vulnerability of children; ### 2. commends the good work done by the eu anti-trafficking coordinator (eu atc) in coordinating the eu’s response to thb and developing knowledge and findings on the various aspects of thb and the particular vulnerability of children;


### 3. stresses the importance of the funding of the asylum , migration and integration fund (amif) and internal security fund (isf) programmes to continue to be used for projects tackling thb , as well as using other available instruments; ### 3. stresses the importance of the funding of the internal security fund (isf) programmes to continue to be used for projects tackling thb , as well as using other available instruments;


### 5. urges the commission and the member states to ensure differentiation between trafficking and smuggling , which require different responses in law; highlights that the confusion between them often leads to failings in correctly identifying victims and in ensuring that they can access protection measures and avoid secondary victimisation; 5. urges the commission and the member states to ensure differentiation between trafficking and smuggling , which require different responses in law; highlights that the confusion between them often leads to failings in correctly identifying victims and in ensuring that they can access protection measures and avoid secondary victimisation; 5. ### deleted


### 5. urges the commission and the member states to ensure differentiation between trafficking and smuggling , which require different responses in law; highlights that the confusion between them often leads to failings in correctly identifying victims and in ensuring that they can access protection measures and avoid secondary victimisation; ### 5. urges the commission and the member states to ensure differentiation between legal and illegal migration and their respective relevance for trafficking-related issues;


### 6. calls on the commission and the member states to monitor the use of digital technologies for thb as the predominant tools used to recruit trafficking victims; ### 6. calls on the commission and the member states to monitor the use of digital technologies for thb as the predominant tools used to recruit trafficking victims; calls for a renewed and far reaching public information campaign across the eu regarding the dangers and indications of human trafficking;


### 7. highlights that the early identification of victims remains one of the main challenges to implementation , and is one of the most crucial in terms of enabling victims to exercise their rights; calls on the member states to give more actors responsibility for identifying victims of thb at all stages of the process , including civil society representatives , immigration and asylum officials , labour inspectors and social workers or healthcare staff; ### 7. highlights that the early identification of victims remains one of the main challenges to implementation , and is one of the most crucial in terms of enabling victims to exercise their rights;


### 8. calls on all member states to effectively guarantee the rights of victims and to support them with a gender-sensitive approach while ensuring complementarity with the victims’ rights directive; notes that the anti-trafficking directive prohibits the criminalisation of victims of thb; ### 8. calls on all member states to effectively guarantee the rights of victims while ensuring complementarity with the victims’ rights directive; notes that the anti-trafficking directive prohibits the criminalisation of victims of thb;


### 9. highlights that while the full impact of the covid-19 pandemic is not yet measurable , it is nevertheless clear that the crisis disproportionately affects the most vulnerable victims of thb , especially women and children; ### 9. highlights that while the full impact of the covid-19 pandemic is not yet measurable , it is nevertheless clear that the crisis affects the most vulnerable victims of thb;


### 10. points out the need for a coherent and coordinated national referral mechanism (nrm); underlines that good cooperation between the police and non-governmental organisations (ngos) cannot be a substitute for a fully fledged nrm defining the roles and responsibilities of all relevant actors16; ### deleted


### 11. calls on the commission to monitor and assess the situation of compensation to victims in the member states in terms of access , enforcement and actual payments , and to come forward with specific measures to ensure better access to compensation; ### deleted


### thb as a gendered crime and addressing trafficking for sexual exploitation ### thb and addressing trafficking for sexual exploitation


### 12. highlights that sexual exploitation remains the most prevalent form of trafficking in the eu since 2008 , as 60% of victims are trafficked for sexual exploitation; notes that more than 90% of these victims are women and girls , and that more than 70% of traffickers are male; ### 12. highlights that sexual exploitation remains the most prevalent form of trafficking in the eu since 2008;


### 13. urges the member states to adopt specific measures to address violence against women and gender inequalities as the root causes of trafficking; recommends that the commission strengthen and develop the gender dimension in the monitoring of the implementation of eu anti-trafficking legislation; ### deleted


### 13. urges the member states to adopt specific measures to address violence against women and gender inequalities as the root causes of trafficking; recommends that the commission strengthen and develop the gender dimension in the monitoring of the implementation of eu anti-trafficking legislation; ### 13. urges the member states to adopt specific measures to address economic inequality and lack of economic opportunity as the root causes of trafficking;


### 15. calls on the commission to prioritise the prevention of the crime of trafficking for sexual exploitation , including through adopting measures and programmes to discourage and reduce demand , and calls on the member states to include the use of the services of victims of trafficking as a criminal offence in their national statutes , as recommended by article 8 of the anti-trafficking directive and reiterated by the commission in 201819; ### 15. calls on the commission to prioritise the prevention of the crime of trafficking for sexual exploitation , including through adopting measures and programmes to discourage and reduce demand , and calls on the member states to include the use of the services of victims of trafficking as a criminal offence in their national statutes;


### 17. highlights the importance of gender-sensitive training programmes for officials attending victims to enhance the early identification of those who are victims of trafficking for sexual exploitation and encourages member states to adopt measures to support victims , such as exit programmes , social and professional reintegration or sexual health services; ### 17. highlights the importance of training programmes for officials attending victims to enhance the early identification of those who are victims of trafficking for sexual exploitation and encourages member states to adopt measures to support victims , such as exit programmes , social and professional reintegration or sexual health services;


### 18. emphasises that migration flows can increase the risk for migrants of becoming victims of trafficking within the eu20 ; points out that there has been a sharp increase in the number of women and girls trafficked through the central mediterranean route for sexual exploitation in the eu21 ; ### 18. emphasises that migration flows increase the risk for migrants of becoming victims of trafficking within the eu20 ; points out that there has been a sharp increase in the number of women and girls trafficked through the central mediterranean route for sexual exploitation in the eu21 ; border control and the enforcement of existing laws against trafficking thus stand out as key measures to reduce thb;


### 18. emphasises that migration flows can increase the risk for migrants of becoming victims of trafficking within the eu20 ; points out that there has been a sharp increase in the number of women and girls trafficked through the central mediterranean route for sexual exploitation in the eu21 ; ### 18. emphasises that migration flows can increase the risk for migrants of becoming victims of trafficking within the eu20 ; points out that there has been a sharp increase in the number of women and girls trafficked through the central mediterranean route for sexual exploitation in the eu21 ; therefore , stresses that effective external border management is key to ending human trafficking;


### 18. emphasises that migration flows can increase the risk for migrants of becoming victims of trafficking within the eu20; points out that there has been a sharp increase in the number of women and girls trafficked through the central mediterranean route for sexual exploitation in the eu21; ### 18. emphasises that migration flows increase the risk for migrants of becoming victims of trafficking within the eu20; points out that there has been a sharp increase in the number of women and girls trafficked through the central mediterranean route for sexual exploitation in the eu21;


### with recommendations to the commission on identifying gender-based violence as a new area of crime listed in article 83(1) tfeu ### without recommendations to the commission on identifying gender-based violence as a new area of crime listed in article 83(1) tfeu


### – having regard to the beijing declaration and platform for action adopted by the fourth world conference on women on 15 september 1995 and to the subsequent outcome documents adopted at the united nations beijing+5 (2005) , beijing +15 (2010) and beijing +20 (2015) special sessions , ### deleted


### – having regard to the glossary of the european institute for gender equality , ### deleted


### – having regard to the agreed conclusions of the sixty-fifth session of the united nations commission on the status of women that took place from 15 to 26 march 2021; ### deleted


### – having regard to the survey by the european union agency for fundamental rights entitled ‘violence against women: an eu-wide survey’ , published in 2014 , ### deleted


### – having regard to its resolution of 13 february 2019 on experiencing a backlash in women’s rights and gender equality in the eu3 , ### deleted


### – having regard to its resolution of 28 november 2019 on the eu’s accession to the istanbul convention and other measures to combat gender-based violence4 , ### deleted


### – having regard to its resolution of 21 january 2021 on the eu strategy for gender equality5 , ### deleted


### b. whereas , pursuant to the third subparagraph of article 83(1) of the treaty on the functioning of the european union (tfeu) on the basis of developments in crime , the council may adopt a decision identifying other areas of crime that meet the criteria specified in that paragraph; ### b. whereas , pursuant to the third subparagraph of article 83(1) of the treaty on the functioning of the european union (tfeu) on the basis of developments in crime , the council may adopt a decision identifying other areas of crime provided that the criteria specified in that paragraph are met , namely particularly serious crime with a cross-border dimension resulting from the nature or impact of such offences or from a special need to combat them on a common basis;


### c. whereas gender-based violence is violence directed against women because they are women and it affects women disproportionately; whereas lgbti persons are also victims of gender-based violence because of their gender , gender identity , gender expression and sex characteristics; whereas gender-based violence is rooted in gender stereotypes , patriarchal structures and power asymmetries; ### deleted


### c. whereas gender-based violence is violence directed against women because they are women and it affects women disproportionately; whereas lgbti persons are also victims of gender-based violence because of their gender , gender identity , gender expression and sex characteristics; whereas gender-based violence is rooted in gender stereotypes , patriarchal structures and power asymmetries; ### c. whereas gender-based violence affects women disproportionately; whereas lgbti persons are also victims of gender-based violence because of their gender , gender identity , gender expression and sex characteristics; whereas gender-based violence is rooted in gender stereotypes , patriarchal structures and power asymmetries such as child marriage , female genital mutilation , honour killings , trafficking in human beings and sexual violence;


### c. whereas gender-based violence is violence directed against women because they are women and it affects women disproportionately; whereas lgbti persons are also victims of gender-based violence because of their gender , gender identity , gender expression and sex characteristics; whereas gender-based violence is rooted in gender stereotypes , patriarchal structures and power asymmetries; ### c. whereas the expression "violence against women" is used to refer to different acts of violence that result in , or are likely to result in , physical , sexual or psychological harm or suffering to women; these notions might therefore cover different offences whose common feature is that they are directed against women because they are women and it affects women disproportionately;


### d. whereas the european institute for gender equality defines femicide as the killing of women and girls because of their gender; ### deleted


### e. whereas there is a lack of comprehensive and comparable disaggregated data on all forms of gender-based violence; ### deleted


### e. whereas there is a lack of comprehensive and comparable disaggregated data on all forms of gender-based violence; ### e. whereas there is a lack of comprehensive and comparable disaggregated data on all forms of violence against women and girls;


### f. whereas union action aiming to eradicate violence against women and girls and other forms of gender-based violence demands that the commission pursue several parallel avenues; ### deleted


### f. whereas union action aiming to eradicate violence against women and girls and other forms of gender-based violence demands that the commission pursue several parallel avenues; ### f. whereas union action aiming to eradicate violence against women and girls and other forms of gender-based violence demands that the member states pursue several parallel avenues;


### f. whereas union action aiming to eradicate violence against women and girls and other forms of gender-based violence demands that the commission pursue several parallel avenues; ### f. whereas union action aiming to eradicate violence against women and girls and other forms of violence demands that the commission pursue several parallel avenues;


### causes and impact of , and ensuring a holistic approach in preventing , gender-based violence ### causes and impact of , and ensuring a holistic approach in preventing violence , including violence against women and girls


### 1. condemns all forms of violence against women and girls and other forms of gender-based violence , such as violence against lgbti persons , and deplores the fact that women and girls continue to be exposed to psychological , physical , sexual and economic violence , including sexual exploitation and trafficking in human beings , both online and offline; ### 1. condemns all forms of violence against women and girls and other forms of violence and deplores the fact that women and girls continue to be exposed to psychological , physical , sexual and economic violence , including sexual exploitation and trafficking in human beings , female genital mutilation and forced marriages , both online and offline;


### 2. denounces femicide as the more extreme form of gender-based violence against women and girls and a very severe violation of human rights; ### 2. denounces femicide as the more extreme form of violence against women and girls and a very severe violation of human rights;


### 2. denounces femicide as the more extreme form of gender-based violence against women and girls and a very severe violation of human rights; ### 2. denounces taking a life as the more extreme form of violence against a person and a very severe violation of human rights;


### 3. stresses that violence against women and other forms of gender-based violence are the result of the unequal distribution of power , patriarchal structures , and gender stereotypes , that have led to domination over and discrimination against women by men; underlines that this situation is aggravated by social and economic inequalities; ### 3. stresses that violence against women is one of the results of alcohol and other substance abuse , family problems and breakdowns , and the hyper-sexualisation of women , encouraged by the media and pornography; underlines that this situation is aggravated by social and cultural circumstances;


### 3. stresses that violence against women and other forms of gender-based violence are the result of the unequal distribution of power , patriarchal structures , and gender stereotypes , that have led to domination over and discrimination against women by men; underlines that this situation is aggravated by social and economic inequalities; ### 3. stresses that violence against women is often the result of alcohol and other substance abuse , family breakdown , atomisation or sexualisation of a woman’s image in the media and pornography; underlines that this situation is aggravated by social and economic inequalities;


### 4. underlines the wide range of psychological impacts that gender-based violence has on victims , including stress , concentration problems , anxiety , panic attacks , low self-esteem , depression , post-traumatic stress disorder , lack of trust and of sense of control; recalls that gender-based violence also has a social and economic impact; ### 4. underlines the wide range of psychological impacts that violence against women has on victims , including stress , concentration problems , anxiety , panic attacks , low self-esteem , depression , post-traumatic stress disorder , lack of trust and of sense of control; recalls that violence against women also has a social and economic impact;


### 4. underlines the wide range of psychological impacts that gender-based violence has on victims , including stress , concentration problems , anxiety , panic attacks , low self-esteem , depression , post-traumatic stress disorder , lack of trust and of sense of control; recalls that gender-based violence also has a social and economic impact; ### 4. underlines the wide range of psychological impacts that violence has on victims , including stress , concentration problems , anxiety , panic attacks , low self-esteem , depression , post-traumatic stress disorder , lack of trust and of sense of control; recalls that violence also has a social and economic impact;


### 5. stresses that the council of europe convention on preventing and combating violence against women and domestic violence (the ‘istanbul convention’) remains the international standard and a key tool for the eradication of gender-based violence by following a holistic and coordinated approach that places the rights of the victim at the centre and addresses the issues from a wide range of perspectives; ### 5. stresses that the council of europe convention on preventing and combating violence against women and domestic violence (the ‘istanbul convention’) still is not concluded by thirteen member states of the council of europe; underlines that some of them openly say that the reason to reject the convention is its ideological character;


### 6. denounces the fact that the combat against gender-based violence is negatively affected by the attack on women’s rights and gender equality; condemns the actions of anti-gender and anti-women movements in europe and worldwide that aim to overturn existing laws on women’s rights and lgbti+ rights; ### deleted


### 7. insists on actions to prevent gender-based violence by addressing the underlying causes , including counteracting sexism , gender stereotypes and patriarchal values; underlines the need for gender equality to have a central place in education and the need for awareness-raising campaigns; ### 7. insists on actions to prevent violence against women; underlines the need for equality between women and men to have a central place in education and the need for awareness-raising campaigns;


### 7. insists on actions to prevent gender-based violence by addressing the underlying causes , including counteracting sexism , gender stereotypes and patriarchal values; underlines the need for gender equality to have a central place in education and the need for awareness-raising campaigns; ### 7. insists on actions to prevent gender-based violence by addressing the underlying causes , including counteracting sexism , gender stereotypes and patriarchal values , honour killings , sexual exploitation and trafficking in human beings; underlines the need for gender equality to have a central place in education and the need for awareness-raising campaigns;


### 8. calls on the commission and the member states to improve the regular availability and comparability of quality , disaggregated data on all forms of gender-based violence through cooperation with eurostat , the european union agency for fundamental rights and the european institute for gender equality; ### 8. calls on the commission and the member states to improve the regular availability and comparability of quality , disaggregated data on all forms of violence through cooperation with eurostat;


### 8. calls on the commission and the member states to improve the regular availability and comparability of quality , disaggregated data on all forms of gender-based violence through cooperation with eurostat , the european union agency for fundamental rights and the european institute for gender equality; ### 8. calls on the commission and the member states to improve the regular availability and comparability of quality , disaggregated data on all forms of violence through cooperation with all relevant bodies;


### addressing all forms of gender-based violence ### addressing all forms of violence against women


### 9. highlights the need for targeted policies to address the situation of survivors who experience intersectional forms of discrimination , such as women refugees , asylum seekers and migrants , indigenous women , racialised women , women from religious and ethnic minorities , lesbian , bisexual and trans women , elderly women and women with disabilities; ### 9. highlights the need for member states to address the situation of all women who experience forms of discrimination;


### 9. highlights the need for targeted policies to address the situation of survivors who experience intersectional forms of discrimination , such as women refugees , asylum seekers and migrants , indigenous women , racialised women , women from religious and ethnic minorities , lesbian , bisexual and trans women , elderly women and women with disabilities; ### 9. highlights the need for targeted policies to address the situation of survivors who experience difficulties , such as women refugees , asylum seekers and migrants , indigenous women , women from religious and ethnic minorities , elderly women and women with disabilities;


### 9. highlights the need for targeted policies to address the situation of survivors who experience intersectional forms of discrimination , such as women refugees , asylum seekers and migrants , indigenous women , racialised women , women from religious and ethnic minorities , lesbian , bisexual and trans women , elderly women and women with disabilities; ### 9. highlights the need for targeted policies to address the situation of survivors who experience different forms of discrimination , such as women refugees , asylum seekers and migrants , indigenous women , women from religious and ethnic minorities , elderly women and women with disabilities;


### 10. recalls that violations of sexual and reproductive rights are a form of violence against women and girls; ### 10. recalls that forced sterilisation , forced abortion or fgm are forms of violence against women and girls;


### 11. notes that the commission must address the particular situation of migrant women’s protection against gender-based violence , and recalls that under directive 2012/29/eu of the european parliament and of the council6 access to appropriate protection , support services and effective remedies must be available to all victims of gender-based violence , independent of their residence status; ### 11. notes that the commission and the member states must ensure the correct transposition of directive 2012/29/eu of the european parliament and of the council;


### 11. notes that the commission must address the particular situation of migrant women’s protection against gender-based violence , and recalls that under directive 2012/29/eu of the european parliament and of the council6 access to appropriate protection , support services and effective remedies must be available to all victims of gender-based violence , independent of their residence status; ### 11. notes that the commission must address the particular situation of migrant women’s protection against violence against women , and recalls that under directive 2012/29/eu of the european parliament and of the council6 access to appropriate protection , support services and effective remedies must be available to all victims of gender-based violence , independent of their residence status;


### 12. calls on member states to take all necessary measures to promote the protection of women and girls in all their diversity and all survivors of gender-based violence against all forms of violence; ### 12. calls on member states to take all necessary measures to promote the protection of all potential victims against all forms of violence;


### 12. calls on member states to take all necessary measures to promote the protection of women and girls in all their diversity and all survivors of gender-based violence against all forms of violence; ### 12. calls on member states to take all necessary measures to promote the protection of all women and girls against all forms of violence;


### 13. underlines the obligation on member states to ensure that there is support and services for survivors of gender-based violence; recalls the importance , in that context , of support to independent civil society and women’s shelter organisations; ### 13. underlines the obligation on member states to ensure that there is support and services for survivors of violence; recalls the importance , in that context , of support provided by law enforcement agencies;


### 13. underlines the obligation on member states to ensure that there is support and services for survivors of gender-based violence; recalls the importance , in that context , of support to independent civil society and women’s shelter organisations; ### 13. underlines the obligation on member states to ensure that there is support and services for survivors of violence; recalls the importance , in that context , of support to independent civil society and women’s shelter organisations;


### 15. calls on the member states to improve the resources and training of practitioners , law enforcement officers and all professionals dealing with victims of gender-based violence; calls on members states to ensure that victims have the right to state-funded legal aid before and during legal proceedings; ### 15. calls on the member states to improve the resources and training of practitioners , law enforcement officers and all professionals dealing with victims of violence , including violence against women and girls;


### 16. stresses that gender-based violence is a serious crime and a widespread violation of fundamental rights in the union which needs to be addressed with greater efficiency and determination on a common basis; stresses that gender-based violence is the result of a patriarchal society that has a cross-border dimension; points , in particular , at the growing anti-gender and anti-women movements , which are well organised and have a cross-border nature; ### 16. stresses that violence , including violence against women and girls , is a serious crime and a widespread violation of fundamental rights in the union which needs to be addressed with greater efficiency but , having regards to member states' competences , still on a national basis;


### 16. stresses that gender-based violence is a serious crime and a widespread violation of fundamental rights in the union which needs to be addressed with greater efficiency and determination on a common basis; stresses that gender-based violence is the result of a patriarchal society that has a cross-border dimension; points , in particular , at the growing anti-gender and anti-women movements , which are well organised and have a cross-border nature; ### 16. stresses that gender-based violence is a serious crime and a widespread violation of fundamental rights in the union which needs to be addressed with greater efficiency and determination on a common basis; stresses that gender-based violence has a cross-border dimension; points , in particular , at the growing anti-gender and anti-women movements , as a result of , among other things , child marriage , female genital mutilation , honour killings , trafficking in human beings and sexual violence , which are well organised and have a cross-border nature;


### 17. stresses that the special need to combat violence against women and girls and other forms of gender-based violence on a common basis also results from the need to establish minimum rules concerning the definition of criminal offences and sanctions; ### deleted


### 18. requests that the commission submit , on the basis of the third subparagraph of article 83(1) tfeu , a proposal for a council decision identifying gender-based violence as a new area of crime , following the recommendations set out in the annex hereto and requests the commission to use that new area of crime as a legal basis for a holistic directive to prevent and combat all forms of gender-based violence; ### deleted


### 19. calls on the commission to propose a directive on gender-based violence that implements the standards of the istanbul convention and includes the following elements: prevention , including through gender-sensitive education programming directed at both girls and boys , and empowerment of women and girls; support services and protection measures for survivors; combating all forms of gender-based violence , including violations of women’s sexual and reproductive health and rights; and minimum standards for law enforcement; ### deleted


### 20. calls on the commission to appoint a coordinator against violence against women and other forms of gender-based violence; ### deleted


### 20. calls on the commission to appoint a coordinator against violence against women and other forms of gender-based violence; ### 20. calls on the commission to appoint a coordinator against violence against women;


### 21. instructs its president to forward this resolution and the accompanying recommendations to the commission and the council. ### 21. instructs its president to forward this resolution to the commission and the council.


### [...] ### deleted


### (5) gender-based violence is violence directed against women because they are women and it affects women disproportionately. lgbti persons are also victims of gender-based violence because of their gender , gender identity , gender expression and sex characteristics. gender-based violence is rooted in gender stereotypes , patriarchal structures and power asymmetries. ### (5) gender-based violence affects women disproportionately. lgbti persons are also victims of gender-based violence because of their gender , gender identity , gender expression and sex characteristics. gender-based violence is rooted in gender stereotypes , patriarchal structures and power asymmetries such as child marriage , female genital mutilation , honour killings , trafficking in human beings and sexual violence.


### — having regard to the council of europe convention on preventing and combating violence against women and domestic violence , ### deleted


### — having regard to its resolution of 21 january 2021 on the eu strategy for gender equality1 , ### deleted


### b. whereas violence against women and other forms of gender-based violence are widespread in the union and are to be understood as an extreme form of discrimination; whereas gender-based violence is rooted in the unequal distribution of power between women and men , in sexism and gender stereotypes , which have led to domination over and discrimination against women by men; ### b. whereas violence against women and girls remains widespread in the eu;


### b. whereas violence against women and other forms of gender-based violence are widespread in the union and are to be understood as an extreme form of discrimination; whereas gender-based violence is rooted in the unequal distribution of power between women and men , in sexism and gender stereotypes , which have led to domination over and discrimination against women by men; ### b. whereas violence against women and other forms of gender-based violence are widespread in the union and are to be understood as an extreme form of discrimination; whereas gender-based violence is rooted in , among other things , child marriage , female genital mutilation , sexual violence , trafficking in human beings , gender stereotypes and honour killings , which have led to domination over and discrimination against women by men;


### c. whereas violence against women and gender-based violence present different but not mutually exclusive forms and manifestations; whereas those different forms of violence are often interlinked and inseparable from offline violence because they can precede , accompany or continue them; ### c. whereas the expression "violence against women" is used to refer to different acts of violence that result in , or are likely to result in , physical , sexual or psychological harm or suffering to women; whereas these notions might therefore cover different offences whose common feature is that they are directed against women because they are women and it affects women disproportionately;


### d. whereas cyber harassment , cyber stalking , cyber bullying , trolling , online hate speech , flaming , doxxing and image-based sexual abuse are among the most common types of gender-based cyberviolence; whereas some member states have adopted specific legislation on some of those particular forms only; ### d. whereas cyber harassment , cyber stalking , cyber bullying , trolling , online hate speech , flaming , doxxing and image-based sexual abuse are among the most common types of cyberviolence; whereas some member states have adopted specific legislation on some of those particular forms only;


### e. whereas , despite a growing awareness of the phenomenon of gender-based cyberviolence , the lack of collection of exhaustive and recent data and the underreporting of cases of gender-based cyberviolence prevents an accurate assessment of its prevalence; whereas the european added value assessment on gender-based cyberviolence estimates that between 4 and 7% of women in the union have experienced cyber harassment during the past 12 months , while between 1 and 3% have experienced cyber stalking; ### e. whereas , despite a growing awareness of the phenomenon of cyberviolence , the lack of collection of exhaustive and recent data and the underreporting of cases of cyberviolence prevents an accurate assessment of its prevalence; whereas the european added value assessment on cyberviolence estimates that between 4 and 7% of women in the union have experienced cyber harassment during the past 12 months , while between 1 and 3% have experienced cyber stalking;


### f. whereas women can be targeted by cyberviolence either individually or as members of a specific community; whereas intersectional forms of discrimination can exacerbate the consequences of gender-based cyberviolence; ### f. whereas women can be targeted by cyberviolence either individually or as members of a specific community; whereas different forms of discrimination can exacerbate the consequences of cyberviolence;


### g. whereas some women , such as politicians , women in public positions , journalists , bloggers and human rights defenders , are particularly impacted by gender-based cyberviolence , and whereas this is causing not only psychological harm and suffering to them but also deterring them from participating digitally in political , social and cultural life; ### g. whereas some women , such as politicians , women in public positions , journalists , bloggers and human rights defenders , are particularly impacted by cyberviolence , and whereas this is causing not only psychological harm and suffering to them but also deterring them from participating digitally in political , social and cultural life , as well as may negatively impact their family lives;


### h. whereas gender-based cyberviolence impacts on mental health , on the full exercise of fundamental rights and even on democracy , and has consequences on society , including an economic impact; ### h. whereas cyberviolence impacts on mental health , on the full exercise of fundamental rights and even on democracy , and has consequences on society , including an economic impact;


### 1. underlines that gender-based cyberviolence is a continuum of gender-based violence offline and that no policy alternative will be effective unless it takes this reality into consideration; ### 1. underlines that cyberviolence is a continuum of violence offline and that no policy alternative will be effective unless it takes this reality into consideration;


### 2. welcomes the union’s gender equality strategy 2020-2025 put forward by the commission as a tool to combat violence against women and gender-based violence and to tackle the root causes of it; ### deleted


### 2. welcomes the union’s gender equality strategy 2020-2025 put forward by the commission as a tool to combat violence against women and gender-based violence and to tackle the root causes of it; ### 2. welcomes the union’s gender equality strategy 2020-2025 put forward by the commission as a tool to combat violence against women and girls and to tackle the root causes of it;


### 3. stresses that the covid-19 pandemic has increased the risk of domestic violence and abuse because victims are forced to spend more time with perpetrators and they tend to be more isolated from support networks; calls on member states to increase the assistance they offer through shelters , helplines and support services to protect victims and facilitate the reporting of gender-based violence; ### 3. stresses that the covid-19 pandemic has increased the risk of domestic violence and abuse because victims are forced to spend more time with perpetrators and they tend to be more isolated from support networks; calls on member states to increase the assistance they offer through shelters , helplines and support services to protect victims and facilitate the reporting of violence against women and girls;


### 4. underlines the transnational nature of gender-based cyberviolence , considering the cross-border dimension of the use of ict; ### 4. underlines the transnational nature of cyberviolence , considering the cross-border dimension of the use of ict;


### 5. calls on the member states to promote awareness raising , to implement national criminal justice laws and specific policies and programmes to prevent gender-based cyberviolence and to fight against impunity for those who commit such acts; ### 5. calls on the member states to promote raise-awareness , increase effectiveness of implementation of national criminal justice legislation , as well as specific policies and programmes to prevent cyberviolence and to fight against impunity for those who commit such acts;


### 6. urges the commission and the member states to establish a reliable system for regularly collecting statistical disaggregated and comparable data on gender-based violence , including cyberviolence; ### 6. urges the commission and the member states to establish a reliable system for regularly collecting statistical disaggregated and comparable data on violence , including cyberviolence;


### 8. underlines that gender-based cyberviolence generates psychological , social and economic consequences; ### 8. underlines that cyberviolence generates psychological , social and economic consequences;


### 9. calls on the member states to give particular attention to women belonging to groups put in a vulnerable situation as regards gender-based cyberviolence and to develop specific support services and educational programmes dedicated to those specific groups; ### 9. calls on the member states to give particular attention to women belonging to groups put in a vulnerable situation as regards cyberviolence and to develop specific support services and educational programmes dedicated to those specific groups;


### 10. deplores the fact that gender-based cyberviolence reduces the participation of women in public debate which , as a consequence , erodes the democratic principles of the union; regrets that that ‘silencing effect’ has been particularly aimed at targeting women activists , journalists and politicians with the intention of discouraging the presence of women in political life and decision-making spheres; ### 10. deplores the fact that cyberviolence reduces the participation of women in public debate which , as a consequence , erodes the democratic principles of the union; regrets that that ‘silencing effect’ has been particularly aimed at targeting women activists , journalists and politicians with the effect of discouraging the presence of women in political life and decision-making spheres;


### 11. recalls that gender stereotypes are at the core of gender discrimination and are one of the main barriers to the entry of women and girls in the ict and digital fields; stresses the need to tackle the gender gap in the ict sector through education , awareness-raising campaigns and the promotion of the representation of women in the sector; ### 11. recalls that gender stereotypes are at the core of gender discrimination and are one of the main barriers to the entry of women and girls in the ict and digital fields; stresses the need to tackle the gender gap in the ict sector through education , awareness-raising campaigns and the promotion of the representation of women in the sector. however , emphasises the importance of the eu to respect the freedom of choice;


### 11. recalls that gender stereotypes are at the core of gender discrimination and are one of the main barriers to the entry of women and girls in the ict and digital fields; stresses the need to tackle the gender gap in the ict sector through education , awareness-raising campaigns and the promotion of the representation of women in the sector; ### 11. reminds that some stereotypes contribute to discrimination and creating barriers to women and girls’ entry into the ict and digital fields; stresses the need to tackle the gender gap in the ict sector through education , awareness raising campaigns and the promotion of the representation of women in the sector;


### 12. underlines the need to protect , support and ensure reparation for victims of gender-based cyberviolence; ### 12. underlines the need to protect and support for victims of cyberviolence;


### 13. recalls that the council is to urgently conclude the union’s ratification of the council of europe convention on preventing and combating violence against women and domestic violence (the ‘istanbul convention’) on the basis of a broad accession without any limitations , and to advocate for its ratification , swift and proper implementation , and enforcement by all member states; underlines that the istanbul convention is the most comprehensive international treaty addressing the root causes of gender-based violence in all its forms; highlights that this call does not detract from the call to adopt a union legal act on combating gender-based violence but , rather , complements it; ### 13. recalls that the istanbul convention’s ratification is still not concluded by thirteen member states of the council of europe; underlines that some of them openly say that the reason to reject the convention is its ideological character; points out to the advocate general’s opinion on 11 march 2021which stated that the council is entitled to conclude the istanbul convention by means of two separate acts as well as to wait for the common agreement of all the member states to conclude ratification of the istanbul convention;


### 14. strongly reaffirms its commitment , as it has previously expressed , to tackle gender-based violence and to the need to have a comprehensive directive covering all its forms as the best way to put an end to gender-based violence; ### 14. strongly reaffirms its commitment , as previously expressed by the european parliament , on tackling violence against women and girls; expects that the ongoing works on the digital services act will contribute significantly to fighting cyberviolence;


### 15. asks the council to activate the passerelle clause by adopting a decision identifying gender-based violence as an area of particularly serious crime with a cross-border dimension pursuant to article 83(1) , third subparagraph , of the treaty on the functioning of the european union (tfeu); ### deleted


### 16. requests that the commission submit , without undue delay , on the basis of article 83(1) , first subparagraph , tfeu , a proposal for an act establishing measures to combat gender-based cyberviolence following , the recommendations set out in the annex hereto; indicates that that proposal should not undermine the efforts to identify gender-based violence as a new area of particularly serious crime with a cross-border dimension pursuant to article 83(1) , third subparagraph , tfeu or any derivative legal acts on gender-based violence as requested by parliament in its previous calls; ### deleted


### [...] ### deleted


### — having regard to the un sustainable development goals (sdgs) , ### deleted


### — having regard to the commission proposal of 4 march 2021 for a directive of the european parliament and of the council to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms (com(2021)0093) , ### deleted


### — having regard to its resolution of 15 november 2018 on care services in the eu for improved gender equality7 , ### deleted


### — having regard to its resolution of 21 january 2021 on the gender perspective in the covid-19 crisis and post-crisis period8 , ### deleted


### — having regard to its resolution of 21 january 2021 on the eu strategy for gender equality9 , ### deleted


### — having regard to the european institute for gender equality (eige) gender equality index 2021 and its thematic focus on health , ### deleted


### a. whereas the epsr action plan sets out concrete initiatives for the implementation of principles that are essential for building a stronger social europe for just transitions and recovery; ### a. whereas the epsr action plan sets out concrete initiatives for the implementation of principles that may be essential for building a stronger social europe for just transitions and recovery;


### b. whereas care encompasses services to address the physical , psychological and social needs of dependents , as well as support to guarantee the equal exercise of rights , dignity , autonomy , inclusion and well-being for all members of society; ### b. whereas care encompasses the service of addressing the physical , psychological , emotional and social needs of people while they are dependent , as well as support to guarantee life , dignity , autonomy and well-being for all members of society , particularly children , persons with disabilities , older people and sick people;


### c. whereas the stigma surrounding dependence and the need for care and support intersects with other grounds of discrimination; ### deleted


### d. whereas there is a lack of quality , accessible and affordable care in nearly all member states; whereas the monitoring of care is hampered by the lack of disaggregated data and the lack of quality indicators; ### d. whereas quality , accessible and affordable care is not sufficient in nearly all member states; whereas the monitoring of care is hampered by insufficient data;


### g. whereas the structures of care need to be changed from centralised institutions to community-based care; whereas that shift has been too slow; ### g. whereas the structures of care need to be changed from centralised institutions to community-based and live-in home care; whereas that shift has been too slow;


### h. whereas the undervaluation and invisibility of care work are closely linked with the fact that women dominate in the care sector; ### deleted


### 2. stresses the importance of an integrated approach to common european action on care that pays equal attention to people’s physical , psychological and social needs; ### 2. stresses the importance of an integrated approach to common european action on care that pays equal attention to people’s physical , psychological , emotional and social needs;


### 3. highlights the need to increase funding for both formal and informal care across the eu to guarantee equal access for dependants to affordable quality care services , as well as an active professional life for carers , and therefore calls on the member states to make the best use of the european structural and investment funds , including the esf+ , as well as the recovery and resilience facility , for investing in care; ### 3. highlights the need to increase funding for both formal and informal care across the eu to guarantee equal access for dependants to affordable quality care services , as well as an active professional life for carers , and therefore calls on the member states to make the best use of the european structural and investment funds , including the esf+ , as well as the recovery and resilience facility , for investing in care; calls on the commission to support the member states in the increasing use of the structural funds for investment in public childcare and care for older and dependent people;


### 3. highlights the need to increase funding for both formal and informal care across the eu to guarantee equal access for dependants to affordable quality care services , as well as an active professional life for carers , and therefore calls on the member states to make the best use of the european structural and investment funds , including the esf+ , as well as the recovery and resilience facility , for investing in care; ### 3. highlights the need to increase funding for both formal and informal care across the eu to guarantee equal access for dependants to affordable quality care services , as well as an active professional life for carers wishing to have one , and therefore calls on the member states to make the best use of the european structural and investment funds , including the esf+ , as well as the recovery and resilience facility , for investing in care;


### 4. emphasises that a substantial proportion of care models , services and facilities are outdated and that care recipients should be placed at the centre of care plans; ### 4. emphasises that care models , services and facilities in the european union must have the most advanced technological and scientific resources for the benefit of care recipients and should be adapted to the needs of each recipient;


### 5. calls on the member states to exchange information and best practices with a view to developing a common european quality framework for care , encompassing all care settings , encouraging upward social convergence and guaranteeing equal rights for all citizens; ### 5. calls on the member states to exchange information and best practices with a view to developing a common european quality framework for care , encompassing all care settings , and guaranteeing equal rights for all citizens;


### 5. calls on the member states to exchange information and best practices with a view to developing a common european quality framework for care , encompassing all care settings , encouraging upward social convergence and guaranteeing equal rights for all citizens; ### 5. calls on the member states to exchange information and best practices with a view to developing a common european quality framework for care , encompassing all care settings and guaranteeing equal rights for all citizens in every member state;


### (42) member states should provide for effective , proportionate and dissuasive penalties in the event of infringements of national provisions adopted pursuant to this directive or national provisions that are already in force on the date of entry into force of this directive and that relate to the right to equal pay between men and women for the same work or work of equal value. such penalties should include fines , which should be set at a minimum level having due regard to the gravity and duration of the infringement , to any possible intent to discriminate or serious negligence , and to any other aggravating or mitigating factors that may apply in the circumstances of the case , for instance , where pay discrimination based on sex intersects with other grounds of discrimination. member states should consider allocating amounts recovered as fines to the equality bodies for the purpose of effectively carrying out their functions in regard to the enforcement of the right to equal pay , including to bring pay discrimination claims or assist and support victims in bringing such claims. ### (42) member states should provide for effective , proportionate and dissuasive penalties in the event of infringements of national provisions adopted pursuant to this directive or national provisions that are already in force on the date of entry into force of this directive and that relate to the right to equal pay between men and women for the same work or work of equal value. such penalties should include fines , which should be set at a minimum level having due regard to the gravity and duration of the infringement , to any possible intent to discriminate or serious negligence , and to any other aggravating or mitigating factors that may apply in the circumstances of the case.


### (44) obligations on employers stemming from this directive are part of the applicable obligations in the fields of environmental , social and labour law whose compliance member states have to ensure under directive 2014/23/eu of the european parliament and of the council56 , directive 2014/24/eu of the european parliament and of the council57 , directive 2014/25/eu of the european parliament and of the council58 in regard to participation in public procurement procedures. in order to comply with these obligations as far as the right to equal pay is concerned , member states should in particular ensure that economic operators , in the performance of a public contract or concession , have pay setting mechanisms that do not lead to a pay gap between female and male workers that cannot be justified by gender-neutral factors in any category of workers carrying out equal work or work of equal value. in addition , member states should consider for contracting authorities to introduce , as appropriate , penalties and termination conditions ensuring compliance with the principle of equal pay in the performance of public contracts and concessions. they may also take into account non-compliance with the principle of equal pay by the bidder or one of his subcontractors when considering the application of exclusion grounds or a decision not to award a contract to the tenderer submitting the most economically advantageous tender. ### (44) obligations on employers stemming from this directive are part of the applicable obligations in the fields of environmental , social and labour law whose compliance member states have to ensure under directive 2014/23/eu of the european parliament and of the council56 , directive 2014/24/eu of the european parliament and of the council57 , directive 2014/25/eu of the european parliament and of the council58 in regard to participation in public procurement procedures. in order to comply with these obligations as far as the right to equal pay is concerned , member states should in particular ensure that economic operators , in the performance of a public contract or concession , have pay setting mechanisms that do not lead to a pay gap between female and male workers that cannot be justified by sex-neutral factors in any category of workers carrying out equal work or work of equal value. in addition , member states should consider for contracting authorities to introduce , as appropriate , penalties and termination conditions ensuring compliance with the principle of equal pay in the performance of public contracts and concessions. they may also take into account non-compliance with the principle of equal pay by the bidder or one of his subcontractors when considering the application of exclusion grounds or a decision not to award a contract to the tenderer submitting the most economically advantageous tender.


### (44) obligations on employers stemming from this directive are part of the applicable obligations in the fields of environmental , social and labour law whose compliance member states have to ensure under directive 2014/23/eu of the european parliament and of the council56 , directive 2014/24/eu of the european parliament and of the council57 , directive 2014/25/eu of the european parliament and of the council58 in regard to participation in public procurement procedures. in order to comply with these obligations as far as the right to equal pay is concerned , member states should in particular ensure that economic operators , in the performance of a public contract or concession , have pay setting mechanisms that do not lead to a pay gap between female and male workers that cannot be justified by gender-neutral factors in any category of workers carrying out equal work or work of equal value. in addition , member states should consider for contracting authorities to introduce , as appropriate , penalties and termination conditions ensuring compliance with the principle of equal pay in the performance of public contracts and concessions. they may also take into account non-compliance with the principle of equal pay by the bidder or one of his subcontractors when considering the application of exclusion grounds or a decision not to award a contract to the tenderer submitting the most economically advantageous tender. ### (44) obligations on employers stemming from this directive are part of the applicable obligations in the fields of social and labour law whose compliance member states have to ensure under directive 2014/23/eu of the european parliament and of the council56 , directive 2014/24/eu of the european parliament and of the council57 , directive 2014/25/eu of the european parliament and of the council58 in regard to participation in public procurement procedures. in order to comply with these obligations as far as the right to equal pay is concerned , member states should in particular ensure that economic operators , in the performance of a public contract or concession , have pay setting mechanisms that do not lead to a pay gap between female and male workers that cannot be justified by elements that do not discriminate between men and women in any category of workers carrying out equal work or work of equal value. in addition , member states should consider for contracting authorities to introduce , as appropriate , penalties and termination conditions ensuring compliance with the principle of equal pay in the performance of public contracts and concessions. they may also take into account non-compliance with the principle of equal pay by the bidder or one of his subcontractors when considering the application of exclusion grounds or a decision not to award a contract to the tenderer submitting the most economically advantageous tender.


### (47) this directive lays down minimum requirements , thus respecting the member states’ prerogative to introduce and maintain more favourable provisions. rights acquired under the existing legal framework should continue to apply , unless more favourable provisions are introduced by this directive. the implementation of this directive cannot be used to reduce existing rights set out in existing union or national law in this field , nor can it constitute valid grounds for reducing the rights of workers in regard to equal pay between men and women for the same work or work of equal value. ### (47) this directive lays down minimum requirements , thus respecting the member states’ prerogative to introduce and maintain more favourable provisions.


### (48) in order to ensure proper monitoring of the implementation of the right to equal pay between men and women for the same work or work of equal value , member states should set up or designate a dedicated monitoring body. this body , which may be part of an existing body pursuing similar objectives , should have specific tasks in relation to the implementation of the pay transparency measures foreseen in this directive and gather certain data to monitor pay inequalities and the impact of the pay transparency measures. ### (48) in order to ensure proper monitoring of the implementation of the right to equal pay between men and women for the same work or work of equal value , member states shall entrust to the equality body provided for in directive 2006/54/ec the tasks set out in this directive.


### (49) compiling wage statistics broken down by gender and providing the commission (eurostat) with accurate and complete statistics is essential for analysing and monitoring changes in the gender pay gap at union level. council regulation (ec) no 530/199959 requires member states to compile four-yearly structural earnings statistics at micro level that provide harmonized data for the calculation of the gender pay gap. annual high-quality statistics could increase transparency and enhance monitoring and awareness of gender pay inequality. the availability and comparability of such data is instrumental for assessing developments both at national level and throughout the union. ### (49) compiling wage statistics broken down by sex and providing the commission (eurostat) with accurate and complete statistics is essential for analysing and monitoring changes in the pay gap between female and male workers at union level. council regulation (ec) no 530/199959 requires member states to compile four-yearly structural earnings statistics at micro level that provide harmonized data for the calculation of the pay gap between female and male workers. annual high-quality statistics could increase transparency and enhance monitoring and awareness of pay inequality between men and women. the availability and comparability of such data is instrumental for assessing developments both at national level and throughout the union. the obligations based on this provision are without prejudice to confidentiality rules of regulation (ec) no 223/2009 on european statistics1a.


### (49) compiling wage statistics broken down by gender and providing the commission (eurostat) with accurate and complete statistics is essential for analysing and monitoring changes in the gender pay gap at union level. council regulation (ec) no 530/199959 requires member states to compile four-yearly structural earnings statistics at micro level that provide harmonized data for the calculation of the gender pay gap. annual high-quality statistics could increase transparency and enhance monitoring and awareness of gender pay inequality. the availability and comparability of such data is instrumental for assessing developments both at national level and throughout the union. ### (49) compiling wage statistics broken down between men and women and providing the commission (eurostat) with accurate and complete statistics is essential for analysing and monitoring changes in the pay gap between men and women at union level. council regulation (ec) no 530/199959 requires member states to compile four-yearly structural earnings statistics at micro level that provide harmonized data for the calculation of the pay gap between men and women. annual high-quality statistics could increase transparency and enhance monitoring and awareness of any pay inequality between men and women. the availability and comparability of such data is instrumental for assessing developments both at national level and throughout the union.


### (50) this directive aims at a better and more effective implementation of the principle of equal pay for equal work or work to which equal value is attributed between men and women through the establishment of common minimum requirements which should apply to all undertakings and organisations across the european union. since this objective cannot be sufficiently achieved by the member states and should therefore be achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union. in accordance with the principle of proportionality as set out in that article , this directive , which limits itself to setting minimum standards , does not go beyond what is necessary in order to achieve that objective. ### (50) this directive aims at reducing the unexplained pay gap in estonia , france , hungary , latvia , portugal , romania , sweden and slovenia to 5% and maintaining the principle of equal pay for men and women in the other member states. since that objective has not been achieved by those eight member states , the union is adopting this directive , which is in any event in accordance with the principle of attribution applied to article 157 of the tfeu.


### (51) the role of social partners is of key importance in designing the way pay transparency measures are implemented in member states , especially in those with high collective bargaining coverage. member states should therefore have the possibility to entrust the social partners with the implementation of all or part of this directive , provided that they take all the necessary steps to ensure that the results sought by this directive are guaranteed at all times. ### (51) the role of social partners is of key importance in designing the way pay transparency measures are implemented in member states , especially in those with high collective bargaining coverage. member states should therefore have the possibility to entrust the social partners with the implementation of all or part of this directive , provided that they take all the necessary steps to ensure that the results sought by this directive are guaranteed at all times. this directive shall be interpreted so as to strengthen the role of the social partners in the different member states.


### (52) in implementing this directive member states should avoid imposing administrative , financial and legal constraints in a way which would hold back the creation and development of micro , small and medium-sized enterprises. member states are therefore invited to assess the impact of their transposition act , on small and medium-sized enterprises in order to ensure that they are not disproportionately affected , giving specific attention to micro-enterprises , to alleviate the administrative burden , and to publish the results of such assessments. ### (52) implementation of the directive should not significantly increase the administrative burden on employers. the actions envisaged may otherwise weaken the competitiveness of companies and inhibit entrepreneurship. furthermore , the covid-19 pandemic has had an enormous impact on the financial soundness of economic sectors and enterprises. member states are invited to assess the impact of their transposition act , on small and medium-sized enterprises in order to ensure that they are not disproportionately affected , giving specific attention to micro-enterprises , to alleviate the administrative burden , and to publish the results of such assessments.


### (52) in implementing this directive member states should avoid imposing administrative , financial and legal constraints in a way which would hold back the creation and development of micro , small and medium-sized enterprises. member states are therefore invited to assess the impact of their transposition act , on small and medium-sized enterprises in order to ensure that they are not disproportionately affected , giving specific attention to micro-enterprises , to alleviate the administrative burden , and to publish the results of such assessments. ### (52) in implementing this directive member states should avoid imposing administrative , financial and legal constraints in a way which would hold back the creation and development of micro , small and medium-sized enterprises. member states are therefore invited to exclude small and medium-sized enterprises from their transposition act in order to ensure that they are not affected , particularly micro-enterprises , and to alleviate their administrative burden , in accordance with the recommendations of the european parliamentary research service5a.


### 1. this directive applies to employers in the public and private sectors. ### 1. this directive applies to european companies (ses). it shall also apply to all the european union’s institutions and bodies. its scope shall extend to candidates in selection processes organised by the said ses , institutions and bodies of the european union , in accordance with the provisions of article 5.


### 2. this directive applies to all workers who have an employment contract or employment relationship as defined by law , collective agreements and/or practice in force in each member state with consideration to the case-law of the court of justice. ### 2. this directive applies to all workers who have an employment contract or employment relationship as defined by law , collective agreements and/or practice in force in each member state with consideration to the case-law of their respective courts and that of the court of justice.


### ‘pay’ means the ordinary basic or minimum wage or salary and any other consideration , whether in cash or in kind which the worker receives directly or indirectly (‘complementary or variable components’) , in respect of his/her employment from his/her employer; ### ‘pay’ means the ordinary basic or minimum wage or salary and any other consideration , whether in cash or in kind which the worker receives directly or indirectly (‘complementary or variable components’ , including non-monetary benefits such as additional days of leave or reduction in the paid working day) , in respect of his/her employment from his/her employer;


### ‘pay’ means the ordinary basic or minimum wage or salary and any other consideration , whether in cash or in kind which the worker receives directly or indirectly (‘complementary or variable components’) , in respect of his/her employment from his/her employer; ### ‘pay’ means the ordinary basic or minimum wage or salary and any other consideration , whether in cash or in kind which the worker receives directly or indirectly in respect of his/her employment from his/her employer;


### ‘pay gap’ means the difference of average pay levels between female and male workers of the employer , expressed as percentage of the average pay level of male workers; ### ‘pay gap between female and male workers' means the difference between the average gross hourly earnings of men and women expressed as a percentage of the average gross hourly earnings of men;


### ‘pay gap’ means the difference of average pay levels between female and male workers of the employer , expressed as percentage of the average pay level of male workers; ### ‘gender pay gap’ means the quotient (expressed as a percentage) of the difference between the average gross hourly earnings of men and women and the average gross hourly earnings of men;


### c) ‘pay gap’ means the difference of average pay levels between female and male workers of the employer , expressed as percentage of the average pay level of male workers; ### ‘pay gap’ (does not affect the english version.)


### ‘median pay gap’ means the difference between the median pay level of female and median pay level of male workers expressed as percentage of the median pay level of male workers; ### ‘median pay gap between female and male workers' means the difference between the median pay level of female and median pay level of male workers expressed as percentage of the median pay level of male workers;


### 3. pay discrimination under this directive includes discrimination based on a combination of sex and any other ground or grounds of discrimination protected under directive 2000/43/ec or directive 2000/78/ec. ### 3. pay discrimination under this directive derives from discrimination based on sex , contrary to article 157 of the tfeu.


### 1. member states shall take the necessary measures to ensure that employers have pay structures in place ensuring that women and men are paid equally for the same work or work of equal value. ### 1. member states shall take the necessary measures to ensure that employers have pay structures in place ensuring that women and men are paid equally for the same work or work of equal value. the development of tools or methodologies for member states to assess and compare the value of work shall facilitate the adaptation of such instruments to the specific characteristics of the individual member states.


### 1. member states shall take the necessary measures to ensure that employers have pay structures in place ensuring that women and men are paid equally for the same work or work of equal value. ### 1. member states shall take the necessary measures to ensure that employers have pay structures in place ensuring that women and men are paid equally for the same work or work of equal value. this does not preclude employers to pay differently workers doing the same work or work of equal value on the basis of performance and competence.


### 2. member states shall take the necessary measures ensuring that tools or methodologies are established to assess and compare the value of work in line with the criteria set out in this article. these tools or methodologies may include gender-neutral job evaluation and classification systems. ### 2. member states shall take the necessary measures ensuring that tools or methodologies are established to assess and compare the value of work in line with the criteria set out in this article. the tools or methodologies used for job evaluation and classification shall avoid any salary discrimination between men and women.


### 2. member states shall take the necessary measures ensuring that tools or methodologies are established to assess and compare the value of work in line with the criteria set out in this article. these tools or methodologies may include gender-neutral job evaluation and classification systems. ### 2. member states shall take the necessary measures ensuring that tools or methodologies are established to assess and compare the value of work in line with the criteria set out in this article. these tools or methodologies may include sex-neutral job evaluation and classification systems.


### 3. the tools or methodologies shall allow assessing , in regard to the value of work , whether workers are in a comparable situation , on the basis of objective criteria which shall include educational , professional and training requirements , skills , effort and responsibility , work undertaken and the nature of the tasks involved. they shall not contain or be based on criteria which are based , whether directly or indirectly , on workers’ sex. ### 3. the tools or methodologies shall allow assessing , in regard to the value of work , whether workers are in a comparable situation , on the basis of objective criteria which shall include educational , professional , organisational and training requirements , skills , experience , commitment to the undertaking’s aims , effort and responsibility , work undertaken and the nature of the tasks involved , as well as general and specific criteria deriving from collective bargaining. this list of criteria is non-exhaustive. they shall not contain or be based on criteria which are based , whether directly or indirectly , on workers’ sex.


### 3. the tools or methodologies shall allow assessing , in regard to the value of work , whether workers are in a comparable situation , on the basis of objective criteria which shall include educational , professional and training requirements , skills , effort and responsibility , work undertaken and the nature of the tasks involved. they shall not contain or be based on criteria which are based , whether directly or indirectly , on workers’ sex. ### 3. the tools or methodologies shall allow assessing , in regard to the value of work , whether workers are in a comparable situation , on the basis of objective and robust criteria which shall include educational , professional and training requirements , skills , individual jobs and the varying range of tasks and duties associated with them , effort and responsibility , working conditions , work undertaken and the nature of the tasks involved. they shall not contain or be based on criteria which are based , whether directly or indirectly , on workers’ sex.


### 4. whenever differences in pay can be attributed to a single source establishing the pay conditions , the assessment whether workers are carrying out the same work or work of equal value shall not be limited to situations in which female and male workers work for the same employer but may be extended to that single source. the assessment shall also not be limited to workers employed at the same time as the worker concerned. where no real comparator can be established , a comparison with a hypothetical comparator or the use of other evidence allowing to presume alleged discrimination shall be permitted. ### 4. whenever differences in pay can be attributed to a single source establishing the pay conditions , the assessment whether workers are carrying out the same work or work of equal value shall not be limited to situations in which female and male workers work for the same employer but may be extended to that single source. the assessment shall also not be limited to workers employed at the same time as the worker concerned. however , in case of comparison of data stemming from different time periods , it must be ensured that adequate micro- and macroeconomic individual circumstances from specific periods are taken into account.


### 1. applicants for employment shall have the right to receive from the prospective employer information about the initial pay level or its range , based on objective , gender-neutral criteria , to be attributed for the position concerned. such information shall be indicated in a published job vacancy notice or otherwise provided to the applicant prior to the job interview without the applicant having to request it. ### 1. applicants for employment shall have the right to receive from the prospective employer information about the initial pay level or its range , based on objective criteria that do not discriminate between men and women , to be attributed for the position concerned. such information shall be indicated in a published job vacancy notice or otherwise provided to the applicant prior to the job interview or at the start of the interview without the applicant having to request it.


### 1. applicants for employment shall have the right to receive from the prospective employer information about the initial pay level or its range , based on objective , gender-neutral criteria , to be attributed for the position concerned. such information shall be indicated in a published job vacancy notice or otherwise provided to the applicant prior to the job interview without the applicant having to request it. ### 1. applicants for employment shall have the right to receive from the prospective employer information about the initial pay level or its range , based on objective , sex-neutral criteria , to be attributed for the position concerned. such information shall be indicated in a published job vacancy notice or otherwise provided to the applicant prior to the job interview without the applicant having to request it.


### 2. an employer shall not , orally or in writing , personally or through a representative , ask applicants about their pay history during their previous employment relationships. ### deleted


### 2. an employer shall not , orally or in writing , personally or through a representative , ask applicants about their pay history during their previous employment relationships. ### 2. an employer shall not , orally or in writing , personally or through a representative , ask applicants about their pay history during their previous employment relationships , unless the applicant freely states that he or she has no difficulty with providing that information.


### the employer shall make easily accessible to its workers a description of the criteria used to determine pay levels and career progression for workers. these criteria shall be gender-neutral. ### the employer shall make easily accessible to its workers a description of the criteria used to determine pay levels and career progression for workers , if it has such a description. if the description is provided through collective bargaining the obligation laid down in this article shall not be applicable. similarly , the obligation shall not be applicable in cases where pay levels and career progression are set on the basis of achieving mutually agreed targets.


### the employer shall make easily accessible to its workers a description of the criteria used to determine pay levels and career progression for workers. these criteria shall be gender-neutral. ### the employer shall make easily accessible to its workers a description of the criteria used to determine pay levels and career progression for workers. these criteria shall be sex-neutral.


### 1. workers shall have the right to receive information on their individual pay level and the average pay levels , broken down by sex , for categories of workers doing the same work as them or work of equal value to theirs , in accordance with paragraphs 3 and 4. ### 1. workers shall have the right to receive information on the criteria used to set pay levels and evaluations of targets for categories of workers doing the same work as them or work of equal value to theirs , in accordance with paragraphs 3 and 4. these criteria shall comply with the principle of equal pay for men and women for the same work or work of equal value.


### 2. employers shall inform all workers , on an annual basis , of their right to receive the information referred to in paragraph 1. ### 2. employers shall inform all workers , on an annual basis , of their right to request and be able to receive the information referred to in paragraph 1.


### 3. employers shall provide the information referred to in paragraph 1 within a reasonable period of time upon a worker’s request. the information shall be provided in accessible formats for workers with disabilities upon their request. ### 3. employers shall provide the information referred to in paragraph 1 within a three month period of time upon a worker’s request. in case of failure to meet the time limit , due justification should be provided for the worker. the information shall be provided in accessible formats for workers with disabilities upon their request.


### 4. workers shall have the possibility to request the information referred to in paragraph 1 through their representatives or an equality body. ### 4. workers shall have the possibility to request the information referred to in paragraph 1 through their representatives.


### 5. workers shall not be prevented from disclosing their pay for the purpose of enforcing the principle of equal pay between men and women for equal work or work of equal value. ### 5. workers shall not be prevented from disclosing their pay for the purpose of verifying , in their specific case , the application of the criteria laid down in paragraph 1 and , as a result , compliance with the principle of equal pay between men and women for equal work or work of equal value.


### 6. employers may require that any worker having obtained information pursuant to this article shall not use that information for any other purpose than to defend their right to equal pay for the same work or work of equal value and not disseminate the information otherwise. ### 6. employers may require that any worker having obtained information pursuant to this article shall not use that information for any other purpose than to defend their right to equal pay for the same work or work of equal value with regard to the opposite sex and not disseminate the information otherwise.


### 1. employers with at least 250 workers shall provide the following information concerning their organisation , in accordance with paragraphs 2 , 3 , and 5: ### 1. employers falling within the scope of this directive shall , subject to the condition that this article shall under no circumstances impose an obligation on employers with fewer than 250 workers , provide the following information concerning their organisation , in accordance with paragraphs 2 , 3 , and 5:


### the pay gap between all female and male workers; ### the pay gap between female and male workers in the same category;


### the pay gap between all female and male workers; ### the pay gap between all female and male workers , where it is greater than 5%;


### b) the pay gap between all female and male workers in complementary or variable components; ### deleted


### the pay gap between all female and male workers in complementary or variable components; ### deleted


### the median pay gap between all female and male workers; ### the median pay gap between female and male workers in the same category;


### the median pay gap between all female and male workers; ### the median pay gap between all female and male workers , where it is greater than 5%;


### d) the median pay gap between all female and male workers in complementary or variable components; ### deleted


### the median pay gap between all female and male workers in complementary or variable components; ### deleted


### e) the proportion of female and male workers receiving complementary or variable components; ### deleted


### the pay gap between female and male workers by categories of workers broken down by ordinary basic salary and complementary or variable components. ### the pay gap between female and male workers by categories of workers , where it is greater than 5%.


### g) the pay gap between female and male workers by categories of workers broken down by ordinary basic salary and complementary or variable components. ### the pay gap between female and male workers by categories of workers broken down by ordinary basic salary.


### 3. the employer shall publish the information referred to in paragraph 1 , points (a) to (f) on an annual basis in a user-friendly way on its website or shall otherwise make it publicly available. the information from the previous four years , if available , shall also be accessible upon request. in addition , the employer shall share this information with the monitoring body referred to in paragraph 6. ### 3. the employer shall publish the information referred to in paragraph 1 , points (a) to (f) annually in a user-friendly way on its website or shall otherwise make it publicly available. the information from the previous four years , if available , shall also be accessible upon request. in addition , the employer shall share this information with the monitoring body referred to in paragraph 6.


### 3. the employer shall publish the information referred to in paragraph 1 , points (a) to (f) on an annual basis in a user-friendly way on its website or shall otherwise make it publicly available. the information from the previous four years , if available , shall also be accessible upon request. in addition , the employer shall share this information with the monitoring body referred to in paragraph 6. ### 3. the employer shall publish the information referred to in paragraph 1 on an annual basis in a user-friendly way on its website or shall otherwise make it publicly available. the information from the previous four years , if available , shall also be accessible upon request. in addition , the employer shall share this information with the monitoring body referred to in paragraph 6.


### 4. member states may decide to compile the information set out in paragraph 1 , points (a) to (f) themselves , on the basis of administrative data such as data provided by employers to the tax or social security authorities. this information shall be made public in accordance with paragraph 6. ### 4. in cases where the member states have the information , in full or in part , set out in paragraph 1 , from administrative data such as data provided by employers to the tax or social security authorities , publication shall be the responsibility of the corresponding official body of the member state in accordance with paragraph 6 and , as a result , employers shall be exempt from that obligation to the same extent , in full or in part.


### 5. the employer shall provide the information referred to in paragraph 1 , point (g) to all workers and their representatives , as well as to the monitoring body referred to in paragraph 6. it shall provide it to the labour inspectorate and the equality body upon their request. the information from the previous four years , if available , shall also be provided upon request. ### 5. except in the circumstances referred to in paragraph 4 , the employer shall provide the information referred to in paragraph 1 , point (g) to all workers and their representatives , as well as to the monitoring body referred to in paragraph 6. it shall provide it to the labour inspectorate upon its request. the information from the previous four years , if available , shall also be provided upon request , in accordance with this article.


### 6. member states shall entrust the monitoring body designated pursuant to article 26 to collect the data received from employers pursuant to paragraph 1 , points (a) to (f) and to ensure that this data is public and allows a comparison between employers , sectors and regions of the member state concerned in a user-friendly way. ### 6. member states shall entrust the monitoring body designated pursuant to article 26 to collect the data received from employers pursuant to paragraph 1 , and to ensure that this data is public and allows a comparison between employers , sectors and regions of the member state concerned in a user-friendly way.


### 7. workers and their representatives , labour inspectorates and equality bodies shall have the right to ask the employer for additional clarifications and details regarding any of the data provided , including explanations concerning any gender pay differences. the employer shall respond to such request within a reasonable time by providing a substantiated reply. where gender pay differences are not justified by objective and gender-neutral factors , the employer shall remedy the situation in close cooperation with the workers’ representatives , the labour inspectorate and/or the equality body. ### 7. workers and their representatives , labour inspectorates and equality bodies shall have the right to ask the employer for additional clarifications and details regarding any of the data provided , including explanations concerning any pay differences between men and women , unless those data are already in the possession of member states’ bodies , in which case the request shall be directed to them. the employer shall respond to such request within a reasonable time by providing a substantiated reply. where pay differences between men and women are not justified by objective and neutral factors , the employer shall remedy the situation in close cooperation with the workers’ representatives , the labour inspectorate and/or the equality body.


### 7. workers and their representatives , labour inspectorates and equality bodies shall have the right to ask the employer for additional clarifications and details regarding any of the data provided , including explanations concerning any gender pay differences. the employer shall respond to such request within a reasonable time by providing a substantiated reply. where gender pay differences are not justified by objective and gender-neutral factors , the employer shall remedy the situation in close cooperation with the workers’ representatives , the labour inspectorate and/or the equality body. ### 7. workers and their representatives , labour inspectorates and equality bodies shall have the right to ask the employer for additional clarifications and details regarding any of the data provided , including explanations concerning any pay differences between female and male workers. the employer shall respond to such request within a reasonable time by providing a substantiated reply. where pay differences between female and male workers are not justified by objective and sex-neutral factors , the employer shall remedy the situation in close cooperation with the workers’ representatives , the labour inspectorate and/or the equality body.


### the employer has not justified such difference in average pay level by objective and gender-neutral factors. ### the employer has not justified such difference in average pay level by objective and sex-neutral factors.


### the employer has not justified such difference in average pay level by objective and gender-neutral factors. ### the employer has not justified such difference in average pay level by objective factors that do not discriminate between men and women.


### b) detailed information on average female and male workers’ pay levels and complementary or variable components for each category of workers; ### detailed information on average female and male workers’ pay levels for each category of workers;


### the reasons for such differences in pay levels and objective , gender-neutral justifications , if any , as established jointly by workers’ representatives and the employer; ### the reasons for such differences in pay levels and objective , sex-neutral justifications , if any , as established jointly by workers’ representatives and the employer;


### measures to address such differences if they are not justified on the basis of objective and gender-neutral criteria; ### measures to address such differences if they are not justified on the basis of objective and sex-neutral criteria;