WRITTEN QUESTION E-3420/00

by Torben Lund (PSE) and Helle Thorning-Schmidt (PSE) to the Commission

(7 November 2000)

Subject: Implementation of Article 13 of the Treaty

During the debate on the proposal for a Council directive on a general framework for equal treatment in employment and occupation, Commission member Anna Diamantopolou pointed out that, for technical reasons, the Commission was unable to support an amendment to include a stipulation in the directive that protection would have to be ensured against all forms of discrimination, and not only on the labour market, within three years.

Does the Commission agree as was stressed during Parliament's debates both on the directive on implementation of the principle of equal treatment for all irrespective of racial or ethnic origin and on the directive on equal treatment in employment and occupation that protection against all forms of discrimination covered by Article 13 must be ensured?

When does the Commission propose to submit further proposals for directives completing the process of implementing Article 13, so that this distinction in the way in which various forms of discrimination are addressed is eliminated?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(14 December 2000)

The Commission agrees that it is important to ensure legislative protection against discrimination on all the grounds stated in Article 13 (ex Article 6a) of the EC Treaty. The package of proposals put forward by the Commission on 25 November 1999(1) covered all the grounds cited in Article 13, with the exception of sex, in respect of which the principle of equal treatment is already enshrined in several directives, and notably in Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions(2), which is the subject of a separate proposal for amendment under Article 141 (ex Article 119) of the EC Treaty(3). As the Honourable Member will be aware, all three parts of the package have now been agreed by the Council.

As mentioned by the Honourable Member, the Member of the Commission responsible for Employment and social affairs stated during the Parliament's debate that the Commission could not accept amendments to the framework directive on discrimination in employment(4) which proposed a three year time limit for equalising the scope of anti-discrimination legislation for all the grounds in Article 13. As the Member of the Commission indicated, the implementation of the action programme to combat discrimination from 2001 to 2006 should provide vital information for consideration of proposals for legislation in the future. All information will be considered carefully before the Commission forms a view on the need for further proposals for legislation to combat discrimination not covered by Community law as it currently stands.

The next step that the Commission intends to take in implementing Article 13 is to propose a directive combating sex discrimination in areas other than employment and occupation.

(1) COM(1999) 564 final, OJ C 177 E, 27.6.2000, COM(1999) 566 final, COM(1999) 567 final.

(2) OJ L 39, 14.2.1976.

(3) COM(2000) 334 final.

(4) OJ L 39, 14.2.1976.