WRITTEN QUESTION E-1382/00 by Michl Ebner (PPE-DE) to the Commission. Positive discrimination in favour of women as a means of promoting equality.
Date: 2000-05-04
Institutions: European Parliament, Provisional data
Subjects: Bremen, EU policy, European social policy, Sweden, equal treatment, gender equality, job access, public sector

13.2.2001

EN

Official Journal of the European Communities

C 46 E/183

There are, however, Community provisions for the co-ordination of these systems in Council Regulation
(EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to
employed persons and their families moving within the Community (1), and Regulation (EEC) No 574/72
of the Council of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on
the application of social security schemes to employed persons and their families moving within the
Community (2), in order to ensure that migrant workers and members of their families do not lose their
social security protection when they move within the Community.

Therefore, the export of benefits to persons who are not resident within the Union does not fall under the
scope of these regulations.

The question raised by the Honourable Member is a matter to be dealt with solely under Dutch national
legislation.

(1) OJ L 149, 5.7.1971.
(2) OJ L 74, 27.3.1972 as last consolidated version: Council Regulation (EC) No 118/97 of 2 December 1996 (cid:129) OJ L

28, 30.1.1997.

(2001/C 46 E/214)

WRITTEN QUESTION E-1382/00

by Michl Ebner (PPE-DE) to the Commission

(4 May 2000)

Subject: Positive discrimination in favour of women as a means of promoting equality

Positive discrimination must be used in order to increase the representation of women in all sectors of
society. Measures of this kind have proved successful in various countries such as Sweden where the
principle of the preferential treatment of women in the case of persons with the same qualifications has
been applied in the public sector. However there seems to be some difference of opinion about initiatives
of this kind at European level, as the European Court of Justice(cid:146)s Kalanke judgment shows: the Land of
Bremen was found to be in breach of EU law because it gave preference to a woman in a case where a
man and a woman were equally well qualified. Furthermore, the Treaty of Amsterdam avoids mentioning
positive discrimination as such: Article 141 merely refers to specific advantages in the framework of the
equality of women and men.

Will the Commission say whether it intends in future to make positive discrimination in favour of women
a general principle underpinning all policies?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(3 July 2000)

Article 2 of the EC Treaty states that one of the tasks of the Community shall be the promotion of equality
between men and women, while Article 3(2) states that the Community shall aim to eliminate inequalities,
and promote equality, between men and women in all the activities of the Community listed in Article 3(1).

The principle of gender mainstreaming, which may include positive action if policy analysis deems it
necessary, has been adopted as a means of analysing all Community policies with regard to their effect on
equality of the sexes.

A Group of Members of the Commission on equal opportunities monitors Community policies with regard
to their gender impact, and the fifth action programme on gender equality adopted by the Commission on
7 June 2000 proposes to deepen this approach (1).

C 46 E/184

Official Journal of the European Communities

EN

13.2.2001

As regards its internal reform the Commission has underlined in the white paper of 1 March 2000 (2) (Part
II p. 37) that (cid:145)the principle of (cid:147)mainstreaming(cid:148), that is the systematic consideration of gender issues in all
policies and actions, must be a basic parameter for the reform of the human resources policy(cid:146). The
measures necessary to promote equal opportunities will be taken by creating an environment which is
favourable to the recruitment of women, to their promotion and career development within the institution.
The Commission already decided in December 1999 that (cid:145)in making appointments to senior management
posts, the appointing authority will, in principle, give priority to women where it finds, after conducting
an assessment, that candidates are of equal merit(cid:146). This policy will not be followed automatically, but it will
be one of the important means used by the appointing authority to reach the objective of the Commission
to double the present number of women at director general and director level during its mandate.

In addition, for the last five years, the Commission has adopted annual objectives for recruitment to the
Commission and appointments of women to middle management posts.

(1) COM(2000) 335 final.
(2) COM(2000) 200 final.

(2001/C 46 E/215)

WRITTEN QUESTION E-1384/00

by Michl Ebner (PPE-DE) to the Commission

(4 May 2000)

Subject: The Swedish example as a model for the equality of women in the public sector

During the 1990s exemplary practices in Sweden led to the balanced representation of women in the
public sector. This was achieved by pursuing a training and awareness programme for top management in
all spheres of the public sector: even the prime minister and all members of the cabinet were involved.

Does the Commission intend to adopt measures to ensure that these exemplary practices are extensively
publicised so that the other EU Member states and the candidate countries follow them?

What financial instruments does the European Union have at its disposal to co-finance initiatives of this
kind?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(15 June 2000)

The Commission agrees with the Honourable Member that the Swedish model for the promotion of
women in the public sector has been very successful.

For this reason, it has served as an example in various projects supported under Council Decision 95/593/
EC of 22 December 1995 on a medium-term action programme on equal opportunities for men and
women (1996-2000) (1) which foresees the co-financing of
initiatives to disseminate models of best
practice on the promotion of women,
including in the public sector. Furthermore, the Commission
supported a conference on the promotion of women in the public sector in which the Swedish Ombuds-
man gave an extensive presentation on the Swedish system.

In the new framework programme on gender equality, for the period 2001-2005, the promotion of
women to top management positions will be an important priority (2).