WRITTEN QUESTION E-2059/01

by Per Gahrton (Verts/ALE) to the Commission

(13 July 2001)

Subject: The Commission's failure to comply with Articles 155 and 169 of the EC Treaty

Pursuant to Article 155, the Commission is required to ensure that Member States transpose Council directives into national law. Such changes in the law are binding on Member States. Pursuant to Article 169, the Commission is required to bring legal action against Member States which do not comply with these directives.

Articles 48 and 100 of the EC Treaty prohibit discrimination on grounds of sex and against other EU citizens at work. The ILO principle of equal pay for equal work applies throughout the EC. The Council has adopted a series of directives to implement these prohibitions.

A few years ago I put a question to the Commission about a case of wage discrimination about which a complaint had been made to the Commission. Commissioner Padraig Flynn replied to it before Parliament and promised that the case would be processed swiftly.

A further inquiry - not by the Commission - showed that since becoming a party to the EEA Agreement and later acceding to the EC, Sweden had not transposed the directives into its domestic employment legislation but instead had introduced wage discrimination as a principle throughout the public sector. The Commission has been aware of this situation at least since Padraig Flynn give his reply to my question in Parliament.

When will the Commission comply with the binding provisions pursuant to Articles 155 and 169 and thus put an end to the wage discrimination in Sweden which is prohibited by the EC Treaty? Or does the Commission - in disregard of the law - aim to have this model introduced throughout the EU?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(4 September 2001)

With reference to the questions raised by the Honourable Member, the Commission would like to point out that the principle of equal pay for equal work or work of equal value is a fundamental principle of the EC Treaty (Article 141, paragraphs 1 and 2, ex Article 119), which is a provision of direct application, i.e. that citizens can rely on this provision before their national instances in order to avoid the application of any discriminatory national legislation.

Moreover, Directives 75/117/EEC(1) and 96/97/EC(2) modifying Directive 86/378/EEC(3) specify the exact scope of this principle. Sweden has already taken measures for the implementation of the above-mentioned Community legislation.

The Commission, in the tasks conferred to it under Article 211 (ex Article 155) of the EC Treaty, follows with the greatest attention the implementation of these Directives in all Member States and will not hesitate if it notices that a Member State has not fulfilled its obligations under both the Treaty and the above mentioned Directives to engage infringements proceedings under Article 226 (ex Article 169).

In the context of the Community framework strategy on gender equality (2001-2005)(4) equal pay is one of the major subject matters. According to the programme relating to the strategy, 2001-2002 will be dedicated to equal pay and will be the occasion for identifying the existing gaps and the possible measures to be taken, for example, updating the existing legislation.

(1) Council Directive of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women (OJ L 45, 19.2.1975).

(2) Council Directive of 20 December 1996 amending Directive 86/378/EEC on the implementation of the principle of equal treatment for men and women in occupational social security schemes (OJ L 46, 17.2.1997).

(3) Council Directive of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social security shemes (OJ L 225, 12.8.1986).

(4) COM(2000) 335 final.