WRITTEN QUESTION No. 1271/98 by Freddy BLAK to the Commission. Equal pay in Denmark
Date: 1998-04-29
Institutions: BLAK, European Parliament
Subjects: Denmark, EU law, approximation of laws, code of conduct, equal pay, gender equality

C 354/86

EN

Official Journal of the European Communities

19. 11. 98

Answer given by Mr Van den Broek on behalf of the Commission

(27 May 1998)

In accordance with the decisions of the Amsterdam and Luxembourg European Councils, the applicant countries
must meet the Schengen standards regarding external frontier controls. The Schengen acquis is currently being
formulated in the Council.

It will be possible to provide detailed answers to the questions put only when the Council has established the
Schengen acquis and has examined the extent to which the applicant countries have adopted it.

Nevertheless, on the basis of what has been established so far, the Commission considers that in certain respects
the applicant countries still have to make considerable efforts to ensure the security of the external frontiers.

It is primarily the responsibility of the applicant countries to eliminate the shortcomings. The Commission will,
however, support such efforts with the existing Community programmes, especially PHARE.

(98/C 354/138)

WRITTEN QUESTION E-1271/98

by Freddy Blak (PSE) to the Commission

(29 April 1998)

Subject: Equal pay in Denmark

The goal of equal pay for men and women in Denmark is still a long way off.

Figures from the Danish Statistical Office (1995) show that Danish women in the 30-34 age category have an
annual average income of DKR 170 500, whilst men in the same age group earn an annual DKR 231 000. In the
35-39 age group, women(cid:146)s annual average earnings are DKR 179 899, whilst men earn DKR 253 400 per year.

The Commission has previously referred to the 1996 code as an EU initiative designed to create better conditions
for equal pay. A code of practice is an excellent initiative, but cannot stand in isolation.

Does the Commission not believe that a more forward looking and proactive policy ought to be pursued by the
EU and that tougher measures ought to be employed?

Answer given by Mr Flynn on behalf of the Commission

(10 June 1998)

The principle of equal pay for male and female workers doing the same work has been enshrined in Community
law since the Treaty of Rome (Article 119 of the EC Treaty). It is also the subject of a specific directive, Directive
75/117 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 (1), which has been transposed by all Member States including
Denmark.

These  various  provisions  have  given  rise  to  extensive  Court  of  Justice  case  law.  In  particular,  the  Court  has
interpreted the concept of (cid:145)pay(cid:146) very broadly. But despite these provisions and case law, practice shows that pay
differences  between  women  and  men  remain  substantial.  The  1996  code  of  practice  referred  to  by  the
Honourable Member is designed to further the principle of equal pay in practice.

The Commission also makes the point that the Court has long recognised the direct effect of Article 119 of the
Treaty,  thus  allowing  any  female  worker  who  feels  she  is  the  victim  of  discrimination  to  cite  this  Article  in
proceedings before any competent national court.

Consequently,  as  current  problems  are  questions  of  practice,  and  in  view  of  all  the  legal  guarantees  already
provided by Community law, the Commission at the moment is not planning any further legislative initiatives
concerning the principle of equal pay.

(1)  OJ L 45, 19.2.1975.