Report from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions - Annual Report on Equal Opportunities for Women and Men in the European Union 2001
Date: 2002-05-28
Institutions: European Commission
Subjects: action programme, equal treatment, gender equality, member country, report

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 28.5.2002
COM(2002) 258 final

REPORT FROM THE COMMISSION
TO THE COUNCIL, THE EUROPEAN PARLIAMENT,
THE ECONOMIC AND SOCIAL COMMITTEE AND
THE COMMITTEE OF THE REGIONS

Annual Report on Equal Opportunities for Women and Men in the European Union
2001

Executive summary

This Annual Report, the sixth on Equal Opportunities for Women and Men in the European
Union,  presents  an  overview  of  the  main  developments  and  achievements  at  European  and
national level in 2001 and outlines perspectives for the year 2002.

The Community Framework Strategy to Gender equality (2001-2005)

2001 was the first year of the implementation of the Framework Strategy on Gender Equality.
There  was  some  noticeable  progress  in  the  year  2001  both  with  regard  to  substance  and
methodology for the integration of gender issues in policies and also with regard to the gender
balance  in  the  Commissions  committees  and  expert  groups.  This  progress  confirms  the
efficiency  of  the  structured  approach  chosen  in  the  Framework  Strategy  which  is  based  on
forward planing, setting specific objectives and monitoring the activities and results at the end
of each year.

In  2001  interesting  new  activities  were  selected  for  an  integration  of  a  gender  equality
perspective, for instance:

– 

– 

– 

– 

World trade and globalisation (Directorate General for Trade),

The integrated product policy, in particular waste management (Directorate General
Environment),

Asylum and refugee policy (Directorate General Justice and Home Affairs) and

An  interpretative  communication  on  the  incorporation  of  social  aspects  in  public
procurement,  including  equality  of  treatment  and  opportunity  between  men  and
women, was adopted (DG Internal Market in co-operation with DG Employment).

In order to give more details of progress, a Gender Scoreboard has been prepared.

Despite  such  a  good  start,  more  needs  to  be  done.  Gender  mainstreaming  is  complex  and
therefore  training,  at all  levels,  needs  to  be  continued.  Further,  progress  within  policy  areas
must be tracked by the intrinsic use of gender indicators.

The Action Programme

A new Action Programme for which a priority theme is selected  each  year  accompanies the
Framework  Strategy.  The  priority  theme  in  2001  was  the  gender  pay  gap.  Equal  pay  for
women  and  men  in  the  European  Union  is  now  part  of  the  process  launched  at  the  Lisbon
Summit  in  2000  to  make  the  European  Union  the  most  knowledge-based  economy  in  the
world  by  2010  with  more  and  better  jobs  and  social  cohesion.  Each  year,  the  Commission
assesses  progress  towards  the  Lisbon  objectives  on  the  base  of  structural  indicators,  which
now includes an indicator on gender pay differentials.

In practice, the majority of the 27 projects selected in 2001 under the Action Programme, deal
with equal pay issues. The total funding for them is approximately 8 million Euro. The results
are expected for 2003.

2

Equality in the enlargement process

A basic condition of membership of  the  European Union is acceptance  and  transposition  of
the  "acquis  communitaire".  In  the  field  of  equal  opportunities,  candidate  countries  are
required to have transposed the nine Directives at the time of entry. The work of transposition
is on going with some of the candidate countries achieving good success in 2001. However,
legislation  of  itself  is  not  enough.  Experience  has  shown  that  supporting  mechanisms  are
essential  for  effective  equality.  In  this  context,  structures  such  as  equality  bodies,
onbudspersons for equality and independent advice are key.

Gender Equality outlook

In 2002 the spotlight will be on reconciling work and family life. Several initiatives will be
taken  at  European  level,  such  as  improving  the  visibility  of  the  issue  in  the  main  political
processes, funding of transnational projects, improving statistics and indicators and producing
a report on the implementation of the Directive on parental leave.

The  year  2002  will  be  a  year  of  reinforcing  gender  equality  legislation  as  well.  The
Commission  will  bring  forward  a  proposal  for  a  Directive  on  sex  discrimination.  The  new
Directive will intervene in areas beyond employment and social security, which is the present
extent of Community equality law.

The  issues  of  combating  trafficking  in  women  and  violence  as  well  as  of  improving  the
gender dimension in the external policies of the European Union and in the Structural Funds
will continue to be high on the political agenda in 2002.

Moreover, following the on going assessment of women's participation at the decision-making
level, and  in advance  of  the  elections  to  the  European  Parliament  in  2004,  the  Commission
envisages  concentrating  its  2003  activities  on  the  promotion  of  gender  balance  in  decision-
making.

Stop press

On  18  April  2002  the  Council  and  the  Parliament  reached  political  agreement  on  the
amendment to Directive 76/207/EC on equal treatment in employment. For the first time at
EU  level,  binding  legislation  will  now  define  sexual  harassment  and  will  establish  that  it
constitutes  a  form  of  sex  discrimination.  The  new  Directive  will  include  provision  for
enforcement, compensation without an upper limit and sanctions. The Directive also means
that employers will need to introduce preventive measures against sexual harassment and
to give a regular 'equality' report to every employee in the enterprise.

3

I. The Framework Strategy

The Framework Strategy1 for gender equality brings together, in a coherent way, the diverse
gender  equality  initiatives  and  programmes  of  all  services  of  the  Commission.  This
comprehensive, 
the
integrated  approach  combines  specific  measures 
underprivileged  or  underrepresented  sex  in  a  policy  area,  with  an  across-the-board
mainstreaming approach, the purpose of which is to ensure that all Commission policies take
gender issues into account and analyse the different impact of their activities on women and
men.

targeted  at 

1.

ANNUAL WORK PROGRAMME

In  March  2001,  the  Framework  Strategy  was  substantially  advanced  by  the  adoption  of  the
first ever Commission Annual Work Programme on gender equality2. The work programme is
divided into two parts - horizontal priorities aimed at all the Directorates General (DGs) and
services,  and  specific  objectives  and  actions  for  each  DG  in  its  respective  policy  area.
Detailed information on the implementation and achievements of the work programme of the
Framework Strategy is available on the Equops web page3.

The work programme identified three areas of horizontal priority for all services -

– 

– 

– 

1

2

3

gender impact assessment of selected policy areas. The first gender equality work
programme was successful in deepening efforts towards gender equality by involving
policies  from  several  DGs  and  services  which  have  up  to  now  not  been  gender
mainstreamed.  Since  there  are  still  many  EU  policy  areas,  which  have  not  been
scrutinised regarding their impact on gender equality, this priority will be retained for
the 2002 work programme.

the breakdown of statistics by sex. A vital tool for policy planning, the break down
of statistics by sex increased in 2001 with several DGs desegregating all or parts of
their data collection and analysis. However, efforts need to continue and be applied
in an even and more systematic way in the work programme for 2002. An essential
aspect  is  the  involvement  of  the  national  statistics  offices  –  the  Community's  main
source of statistical data – in the collection of their data with a gender breakdown.

encourage  more  women  to  apply  or  participate  in  applications.  The  practice  of
DG  Research  and  DG  Information  Society  of  highlighting  the  Commission's
commitment to gender equality in all calls for proposals and expressions of interest
was retained as a best practice in the work programme for 2001. Unfortunately this
was not as widely taken up  as it was  hoped.  In  order  to  achieve  wider  adoption  of
this practice, discussions with financial and legal services will be pursued in 2002.

COM(2000) 335 final Communication from the Commission to the Council, the European Parliament,
the Economic and Social Committee and the Committee of the Regions entitled "Towards a Community
Framework Strategy on Gender Equality (2001-05)" (COM(2000)335 final of 7 June 2000)
COM(2001) 119 final and SEC(2001) 382
http://europa.eu.int/comm/employment_social/equ_opp/index_en.htm

4

                                                
In a number of policy areas there has been notable progress within the work programme of the
Framework Strategy, some of which were :

Asylum and Refugees

The Commission’s proposal for a Directive on the reception of applicants for asylum provides
an entitlement for any adult family member of the applicant to be informed in private of their
right  to  make  a  separate  application;  specifies  greater  control  by  women  in  the  running  of
accommodation  centres;  ensures  basic  training  for  authorities  and  other  organisations
implementing the Directive with respect to the needs of both female and male applicants; and
insists upon sex desegregated data in relation to persons who apply for or are granted asylum.
Moreover,  the  specific  needs  of  women  in  relation  to  both  healthcare  and  accommodation
should be taken into account.

For refugees, where the application for international protection is made by a woman, account
should be taken of the fact that persecution, within  the meaning of the  Geneva  Convention,
may have taken place by sexual violence or other gender-specific means.

Environment

In  the  EU  environment  policy,  gender  impact  assessment  began  in  2001  in  the  field  of
integrated  product  policy  and  waste  management,  DG  Environment  has  expressly  sought
input from non-governmental organisations (NGOs) of women in order to build up a network
and  receive  views  and  ideas  from  women  and  to  familiarise  women  with  the  funding
possibilities of the LIFE programme.

Fisheries

An  in-depth  study  on  the  role  of  women  in  the  fisheries  sector  was  carried  out.  The  study
concludes that the widest opportunities for enhancing the women's role in fisheries remain in
the fields of aquaculture and fisheries administration.

Enterprise

A study for the identification and evaluation of good practices in relation to the promotion of
female  entrepreneurship  has  been  launched  and  a  study  to  assess  the  gender  impact  of  the
"Innovation  and  SME"  specific  programme  within  the  Fifth  Programme  has  been  finalised
and published recently.

Public procurement

An  interpretative  communication  on  the  Community  law  applicable  to  public  procurement
and the possibilities for integrating social considerations into public procurement was adopted
by the Commission in autumn 2001. This communication aims to identify the possibilities for
taking  social  considerations,  such  as  equality  of  treatment  between  men  and  women,  into
account in the best way in public procurement.

Broad Economic Policy Guidelines

The  Belgian  Presidency  launched  the  initiative  to  strengthen  gender  mainstreaming  in  the
Broad  Economic  Policy  Guidelines  (BEPGs).  A  technical  seminar  gathering  independent
experts, representatives of the Commission and of the Belgian Presidency was held in October
2001. Following the Seminar, a document was drafted and presented at both the Social Affairs
Council  on  3  December  2001  and  the  ECOFIN  Council  on  4  December  2001.  In  its

5

conclusions the ECOFIN Council invites to examine gender mainstreaming in the preparation
of the 2002 BEPGs.

The Barcelona process

Under  the  MEDA  Programme  for  co-operation  with  southern  Mediterranean  countries,  a
Regional  Forum  was  organised  on  “The  Role  of  Women  in  Economic  Development  :  the
equality  dimension  between  men  and  women  in  the  Euro-Mediterranean  partnership”which
was held in Brussels in July 2001.

Education and vocational training

An Action Plan for Gender Equality (2001-2002) was adopted by the Socrates Committee in
February  2001.  It  foresees  the  evaluation  of  the  gender  dimension  in  the  first  phase  of  the
programme  and  research  of  indicators  to  improve  implementation  of  gender  equality  in  the
second  phase  of  the  programme.  A  self-regulating  code  of  practice  to  avoid  gender
stereotypes  in  educational  material  at  all  levels  of  education  was  drawn  up  by  the  Italian
association of editors in a project and disseminated at European level. The WEEST network
(Women  Education  and  Employment  in  Science  and  Technology)  created  a  web-site
presenting an interactive exhibition, projects with European relevance and chats with women
scientists all over Europe.

A  booklet  "Women  and  Technique"  containing  best  practices  in  the  first  phase  of  the
Leonardo da Vinci programme on vocational training was published at the end of 2001.

Development co-operation

Communication  on  a  Programme  of  Action  for  Mainstreaming  of  Gender  Equality  in
Community  Development  Co-operation  was  adopted  for  the  forthcoming  five  years  (2001-
2006).4  It  points  out  that  gender  equality  is  crucial  for  development  in  general  and  the  link
between gender and poverty has made the relevance of gender mainstreaming in development
co-operation more critical than ever before.

The  Communication  identified  three  main  areas  of  action  in  order  to  ensure  that  gender
dimensions  are  mainstreamed  in  all  EC  development  co-operation  initiatives,  namely
analysing and integrating gender into the six priority areas for EC development co-operation
activities,  mainstreaming  gender  within  projects  or  programmes  designed  at  country  or
regional level and building the EC's internal gender capacity.

Humanitarian Aid

The  European  Humanitarian  Assistance  Office,  ECHO  has,  throughout  2001,  continued  the
integration at policy level of gender perspective in humanitarian assistance. A case study on
humanitarian aid projects which included gender mainstreaming elements was funded in 2001
to  analyse  how  to  incorporate  gender  perspective  in  the  design  and  implementation  of
humanitarian projects.

On the operational level, ECHO has in 2001 funded targeted projects that address the special
needs of women, including, for example, projects in Iraq, Serbia and Afghanistan.

4

COM(2001) 295 final

6

                                                
Women and Science

The  Women  and  Science  initiative,  which  was  launched  in  1999  was  marked  in  2001  by  a
major conference to analyse the results of research on women in science and further develop
the  benchmarking  to  monitor  the  involvement  of  women  researchers.  A  series  of  gender
impact assessment studies were carried out as preparation for the conference. Furthermore, a
Commission staff working  paper  "Women  and Science: the  gender  dimension  as  a  leverage
for reforming science" reports on progress in integrating gender dimension in research since
1999.

The Employment Strategy

On 12 September 2001 the  Commission adopted  the three-part  annual employment  package
consisting  of  a  report  on  the  Member  States'  employment  performance,  a  set  of
recommendations  addressed  to  each  individual  Member  State  and  policy  guidelines  for  the
future.  11  Member  States  received  a  recommendation  on  the  need  to  reinforce  equality
between  women  and  men  (Germany,  Greece,  Spain,  Ireland,  Italy,  Luxembourg,  Austria
Portugal, Finland, Sweden and the UK). The Commission proposed a reinforced guideline on
the gender pay gap, owing to the lack of progress in this area, which was, however, rejected
by the Council.

The  Gender  and  Employment  Group  of  European  experts  provided  an  independent
assessment of the 2001  National  Action  Plans  for employment and of  the current indicators
used to monitor gender equality in the European Employment Strategy.5

Fight against violence and trafficking

The Commission dedicated its celebration of the international women's day on 8 March 2001
to the issue of trafficking of women and held a joint meeting with the EP. The implementation
of  the  DAPHNE  and  STOP  programmes  continued  in  2001  and  the  Commission  adopted  a
new STOP II programme (until 2003). In the implementation of the STOP  II Programme in
2001, specific attention was given to assistance to and protection of victims. Furthermore, the
Council  reach  political  agreement  on  a  Framework  Decision  on  combating  trafficking  in
human beings. The Framework Decision essentially concerns approximation of criminal law
and sanctions. The main objective is to enhance law enforcement and judicial co-operation in
criminal matters.

The social inclusion process

Member States established in June 2001 their first biannual National Action Plans on the basis
of common objectives to combat poverty and social exclusion6.

In  their  National  Action  Plans,  most  Member  States  identified  higher  risks  of  poverty  and
social exclusion among elderly women, single parents and victims of domestic violence. For
men, higher vulnerability is found among homeless people, (ex-) offenders and early school
leavers. Although some Plans show positive examples of tackling gender issues, there is still a
long way to go towards a consistent approach of  gender needs and  characteristics across  all
the fields of  the Plans and several Member  States  committed  themselves  to  enhance  gender
mainstreaming during the next two years.

5

6

http://www.umist.ac.uk/management/ewerc/
Objectives in the fight against poverty and social exclusion – OJ C 82 of 13.3.2001
Draft Joint Report on Social Inclusion – COM(2001) 565 final of 10.10.2001

7

                                                
2.

GENDER BALANCE IN COMMITTEES

The Commission is committed to achieving  gender balance, in particular in committees  and
expert  groups,  as  set  out  in  its  Decision  2000/407/EC  of  19  June  20007.  The  Commission
Decision sets the target of 40% minimum participation of women and men respectively.

Following  a  first  survey  in  2000  of  certain  expert  groups  of  the  Commission  in  which  an
average of only 13.5% of the members  were women, a second much more complete survey
was conducted in 2001.

This  survey  covered  all  Commission  committees  and  expert  groups,  distinguishing  between
the  members  of  committees  and  groups  who  were  appointed  by  the  Commission  and  those
members who  were  appointed  by  the  member  states,  social  partners,  interest  groups,  NGOs
and other bodies which have the right to appoint representatives to Commission committees
and groups.

In  2001,  the  average  percentage  of  women  in  committees  and  expert  groups  of  the
Commission covered by the survey was 28.8%. Among the members of those committees and
expert groups for whom the Commission has the right to appoint them, 30.5% were  women
whilst  among  the  committees  and  groups  on  whose  membership  the  Commission  has  no
influence 28,4% were women.

The results of the survey tend to reflect general participation rates of women and men in the
respective  sectors,  e.g.  relatively  high  female  representation  in  the  education  and  social
sectors and higher representation of men in sectors such as agriculture, fisheries and research.

Whilst  this  survey  shows  a  clear  improvement  as  compared  to  previous  data,  efforts  must
continue and indeed be enhanced in those sectors where female participation has been lower.
Progress  will  continue  to  be  monitored  as  part  of  the  work  programmes  of  the  Framework
Strategy on Gender Equality.

3.

REINFORCED CO-OPERATION WITH GENDER EQUALITY AUTHORITIES

The  Framework  Strategy  actively  encourages  the  exchange  of  good  practice  among  the  EU
and the EEA Member States, social partners and the civil society. To this end,  a  number of
activities took place during 2001.

The Advisory Committee for Equal Opportunities for Women and Men8 continued its work in
2001  and  adopted  opinions  on  the  2002  Employment  Guidelines,  gender  statistics  and
indicators and the gender dimension to social inclusion.

7

8

OJ L 154 of 27.6.2000, p 34
http://europa.eu.int/comm/employment_social/equ_opp/strategy/advcom.html

8

                                                
The Commission, in liaison with the Swedish Presidency, organised  a high-level meeting in
Sigtuna, Sweden with senior officials from the Member States with responsibility for gender
mainstreaming.  An  important  debate  on  the  mechanisms  for  follow-up  of  the  indicators
selected in response to the Beijing Platform was launched, and was continued during a further
meeting organised in November in Brussels in liaison with the Belgian Presidency.

Co-operation with other international organisations such as the United Nations (follow-up to
the  Beijing  Platform  for  Action),  the  Council  of  Europe  (Steering  Committee  for  Equal
Opportunities) and the OSCE (new action plan on gender equality) was continued in order to
build on the expertise of these organisations and to further gender mainstreaming in relevant
policies.

4.

NATIONAL INITIATIVES

The EU Member States and EEA/EFTA countries continued to develop a range of activities to
foster  gender  equality  and  apply  the  gender  mainstreaming  method,  of  which  only  some
examples are mentioned below.9

Austria

Measures taken at the Federal Government level were awarding a service contract within the
scope of a negotiation procedure for  an  "Austrian  Women's Technology  Project".  The  main
objective of the project is the elaboration and implementation of nation-wide measures for the
increase of the share of women employed in the technical area, especially IT. Another was the
founding of the inter-ministerial Gender Mainstreaming working group (IMAG GM), and the
subsequent forming of three working groups. In 2001, two meetings of IMAG-GM were held
and a third one was planned for the autumn.

Denmark

In  March  2001,  the  first  national  report  and  plan  of  action  was  launched,  entitled  "Gender
Equality  –  a  Prerequisite  for  Welfare,  Sustainability  and  Democracy"  for  Parliament,
emanating from the Gender  Equality  Act  a  year  earlier.  On 1st July, shared burden of proof
was introduced in the Equal Treatment Act, the Gender Equality Act, the Childminding Act,
the  Equal  Pay  Act  and  the  Act  of  occupational  pensions  Schemes.  At  the  same  time  a
definition of indirect discrimination was introduced, in line with the EU. In the understanding
of equal treatment and discrimination, sexual harassment is included.

Norway

The Government presented in April 2001 to its national Parliament a proposal for revising the
Gender  Equality  Act,  which  includes  strengthening  of  the  existing  provision  obliging  all
public  authorities  to  promote  gender  equality  in  all  social  walks  of  life,  by  inclusion  in  the
annual  budget.  It  also  extends  the  same  obligation  to  both  sides  of  business,  including  a
requirement  that  enterprises  report  on  activities  to  promote  gender  equality  in  their  own
annual report.

9

a 

for 
see 
http://europa.eu.int/comm/employment_social/equ_opp/links_en.html#ms

complete  overview, 

Internet 

links 

to  national  gender 

equality  bodies:

9

                                                
Sweden

The  Act  on  equality  between  men  and  women  was  strengthened  on  1st  January  2001.
According to a new section 11, the employer must each year prepare a plan of action for equal
pay  and  therein  report  the  results  of  the  survey  and  analysis,  in  accordance  with  the  results
with section 10. In section 12, the employer is obliged to supply the employee's organisation
(to whom they are bound to with a collective bargaining agreement) with information that is
necessary to enable the organisation to collaborate in the survey, analysis and preparation of a
plan of action for equal pay.

United Kingdom

In January 2001, a new Government telephone service was launched 'Equality direct' with a
supporting  web-site10.  It  offers  free,  confidential,  comprehensive  and  coherent  information
and  advice  to  businesses  with  a  question  or  issue  relating  to  equality.  In  February,  the
Government  held  a  national  conference  entitled  "Women  Mean  Business"  which  provided
information  and  advice  on  the  opportunities  available  in  industry.  In  June,  a  new  Equality
Challenge Unit was created as part of the ATHENA project, to tackle women's representation
in  Science  Engineering  and  Technology/Higher  Education  Institutions.  In  July 
the
Government  laid  Regulations  to  implement  the  Directive  on  the  Burden  of  Proof  in  sex
discrimination. The Regulations amend the Sex Discrimination Act to enhance the definition
of  indirect  discrimination,  and  to  make  clear  that  in  a  Tribunal  claim  the  burden  of  proof
shifts when the applicant presents a prima facie case, to the employer.

10

http://www.equalitydirect.org.uk

10

                                                
II. Equal pay: priority in 2001

1.

THE PAY GAP

Equal pay for women and men for work of equal value is a fundamental principle of the EC
Treaty. Indeed the Equal Pay Directive of 1975 was the first Community Directive adopted in
the area of equal treatment for women and men.

Yet,  despite  the  existence  of  these  legal  provisions,  women  still  earn  nearly  14%  less  than
men (the gap in 1997 was more pronounced in the private than in the public sector, 19% and
10% respectively).

Gender pay gap, Female to Male Ratio

Source: Eurostat ECHP(1)

120

100

80

60

40

20

0

D

IRL

A

UK

L

NL

EL

EU

F

FIN

DK

I

B

E

P

All

Private sector

Public sector

2.

PRIORITY THEME

In the framework of the Community Framework Strategy on gender equality and the funding
programme relating to the Strategy, Equal Pay was the chosen priority theme for 2001.

Equal  pay  was  chosen  as  the  first  theme  because  it  is  the  most  visible  inequality  in  the
European workplace. Unless policies address this inequality, the goals of the Lisbon European
Council  of  increasing  the  rate  of  women's  employment  to  at  least,  60%  by  2010  and
improving quality of work will not be achievable.

EU Presidency Support

Under the Swedish Presidency, in January 2001, Ministers responsible for social security and
gender equality discussed the interlinked issues of the gender pay gap and social security as
an engine for economic growth. The high profile given to the issue of equal pay was reflected
in  the  conclusions  of  the  Stockholm  European  Council  (March  2001),  which  invited  the
Council and the Commission to develop indicators.

11

This  prepared  the  ground  for  the  Belgian  Presidency  who  developed  a  set  of  indicators  on
gender  pay  differentials.  The  Employment  and  Social  Affairs  Council  (3  December  2001)
adopted  a  set  of  9  indicators  and  invited  the  Commission  and  Member  States  to  improve
existing statistics and research on the issue.

European Parliament and Economic and Social Committee

The  European  Parliament  adopted  a  report11  in  September  2001  on  the  issue  of  equal  pay
including  support  for  the  Commission's  proposal  for  national  targets.  The  report  confirmed
that a multi-faceted approach must be adopted by all players in this field and at all different
levels – the European Commission, Member States and the social partners - if real and lasting
results are to be achieved.

Equal Pay was also a key theme for the Economic and Social Committee. The Florio Report
on wage discrimination between women and men (March 2001), urged that existing data and
research  be  supplemented,  and  called  on  the  Member  States  and  social  partners  to  step  up
their efforts.

Lisbon Strategy

An indicator on gender pay gap has been added to the list of structural indicators established
by the European Commission in 2001 to  monitor  progress towards  the  economic  and social
strategic goals agreed at the Lisbon Summit. Progress towards equal pay in Europe will be on
the agenda of the next Spring European Councils which, each year, will assess progress and
failures to fulfil "Lisbon's objectives".

European Employment Strategy

The European Employment Strategy gives an important impetus to the objective of equal pay.
Following  the  evaluation  of  the  2001  National  Action  Plans,  some  Member  States
acknowledged  the  gender  pay  gap  and  announced  initiatives  to  reduce  this  gap.  However,
these tend to be rather vague and lack concrete actions, and although the social partners have
a crucial role to play in this issue, their commitment is weak. Following this assessment, the
Commission proposed a reinforced Employment Guideline on the gender pay gap in line with
the opinion of the Advisory Committee on Equal Opportunities, including national targets for
reducing this gap. Unfortunately the Council did not take this proposal on board in 2001 – but
will review the issue in 2002.

3.

THE LAUNCH OF THE NEW GENDER EQUALITY PROGRAMME

The  Programme12  is  one  of  the  instruments  necessary  for  the  implementation  of  the  overall
Community  strategy  on  Gender  Equality.  It  co-ordinates,  supports  and  finances  horizontal
activities under the fields of intervention of the Community strategy, which cannot be funded
by  the  other  EU  funding  instruments,  such  as  the  Structural  Funds  and  their  initiatives  like
EQUAL.

11

12

Report on Equal Pay for Work of Equal Value, Rapporteur: Miet Smet, July 2001, final A5-0275/2001
Council  Decision(EC)  N°  51/2001  of  20  December  2000  establishing  a  programme  relating  to  the
Community Framework Strategy on Gender Equality (2001-05), OJ L 17, 19.1.2001, pp.22-29

12

                                                
Equal Pay was the priority topic for the first round of transnational projects funded under the
2001-2005  gender  equality  Programme.  The  Programme  was  launched,  under  the  Belgian
Presidency, at a conference on Equal Pay in Brussels on 13 September 2001, which was co-
funded by the Programme.

The  projects  funded  under  the  Community  Action  Programme  on  Gender  Equality  (2001-
2005) have a number of innovations vis à vis earlier programmes:

– 

– 

– 

Each year, a priority theme is selected for funding activities. This theme is also taken
up in the policy actions  of  the  Commission,  in  collaboration with other  institutions
(as  was  the  case  for  'equal  pay',  where  the  Council,  the  European  Parliament,  the
Economic and Social Committee, as well as the various tools of the Commission was
all focussed on the theme during 2001).

By  concentrating  efforts  to  a  priority  theme,  maximum  impact  can  be  achieved  -
activities across all Member States occur within the same timeframe, dealing with a
co-ordinated  range  of sub-themes  around the  priority  theme,  involving  all  actors  to
the theme in question.

Projects  are  larger in  scale - between 250.000 and  500.000  €  each.  This  range  was
chosen in order to ensure sufficient funding for activities, with each project being of
a scale to allow transnational coverage and management, and consistency of results.

The  aim  of  these  projects  run  by  Member  States,  National  Equality  bodies,  NGOs,  social
partners,  regional  and/or  local  authorities,  etc.,  is  to  acquire  a  better  understanding  of  the
gender  pay  gap  and  to  develop  and  disseminate  strategies  designed  to  close  it.  This  policy-
oriented  co-operation  increases  the  effectiveness  of  promoting  equal  pay  and  diminishing
income differentials between women and men.

The transnational activities for the priority theme of equal pay were centred on :

– 

– 

– 

– 

– 

Exchange  of  the  results  of  existing  analyses  and  research  and  exchange  of  good
practices,

Reviewing job classification and pay systems to examine whether they cause gender
pay inequalities,

Ensuring  Rights  (legislation  and  mechanisms  that  ensure  better  and  more  effective
protection.)

Equal pay in the collective bargaining process and the role of the social partners

Prevention: the role of education, information, training and media

Of the 27 projects, which were selected in 2001, the majority deal with equal pay questions.
The total funding for them is approximately  eight million euros.  More information on these
projects can be found on the Equality for Women and Men web page13.

13

http://europa.eu.int/comm/employment_social/equ_opp/index_en.htm

13

                                                
4.

PRIORITY  THEMES  FOR  THE  FUTURE  YEARS  IN  THE  GENDER  EQUALITY
PROGRAMME

In order to cover all strands of the Framework Strategy on Gender Equality (2001-2005), for
which the Programme gives a financial backing, the Programme Committee and the
Commission have defined the following priorities:

2001-2002: Equal Pay

2002-2003: Reconciliation of work and family life

2003-2004: Women in Decision-making

2004-2005: Gender stereotyping

14

III. Legal developments

1.

EQUAL TREATMENT DIRECTIVE

Substantial progress was made in 2001 on the proposal to amend the 1976 Directive on equal
treatment in employment.

The proposal14 updated  the Directive, bringing  it  into  line  with  current  thinking  on  equality
and with the many judgements of the Court of Justice over the last 25 years. It also maintains
consistency  with  the  Directives  adopted  in  2000  pursuant  to  Article  13  of  the  EC  Treaty,
which cover discrimination on grounds of racial or ethnic origin, religion or belief, disability,
age or sexual orientation, particularly in respect to definitions used.

It  is  expected  that  the  amended  Directive  will  break  new  ground  in  a  number  of  important
areas:

– 

Sexual  harassment  has  been  largely  ignored  to  date  by  legislators  at  both
national and Community level. However, the amended  Directive will confirm
that harassment and sexual harassment constitute discrimination on grounds of
sex  and  will  provide  definitions  of  harassment  and  sexual  harassment.  A
definition of direct and a new definition of indirect sex discrimination are to be
introduced in Community legislation.

–  Member  States  will  be  required  to  establish  'Equality'  bodies  with  a  range  of

competencies for the bodies being specified.

– 

Employers are to be encouraged to prepare annual 'equality plans' i.e. a planned
and systematic approach to equality in the workplace.

Other amendments of the European Parliament seek to strengthen  existing  provisions of  the
1976 Directive:

– 

– 

There are new provisions concerning the judicial protection and compensation
available to an individual in the event of discrimination.

The rights of persons on maternity and paternity leave (and, in particular,  the
right to return to work after exercising entitlement to leave) are strengthened.

Finally, the social partners are encouraged to contribute to the implementation of the principle
of  equality  of  treatment  by  adopting  collective  agreements  laying  down  anti-discrimination
provisions.

The proposal is based on Article 141(3) of the EC Treaty and therefore requires the approval
of  both  the  Council  of  Ministers  and  the  European  Parliament.  The  Council  reached
unanimous political agreement on a Common Position on 11 June 2001. At its second reading
in  October,  the  European  Parliament  proposed  a  number  of  amendments  to  the  Common
Position.

14

COM(2000) 334 final and amended proposal COM(2001) 321 final

15

                                                
The  formal  procedure  of  conciliation  was  launched  in  January  2002  and  discussions  are
currently at an advanced stage (March 2002).

2.

BURDEN OF PROOF DIRECTIVE

The  deadline  for  transposing  Directive  97/80/EC  on  the  burden  of  proof  in  cases  of
discrimination based on sex, expired on 1 January 2001.

The  Directive  provides  for  a  shift  in  the  burden  of  proof  in  judicial  proceedings,  thereby
strengthening the hand of the complainant. An individual must put forward facts or statistics
which show a prima facie case of discrimination, but it will then be for the employer to prove
that there has been no breach of the principle of equal treatment.

All  Member  State  authorities  have  communicated  their  implementing  legislation  to  the
Commission  during  the  course  of  2001  and  its  compatibility  with  EC  law,  is  under
consideration.

3.

CASE LAW OF THE COURT OF JUSTICE

There  have  been  three  significant  rulings  (covering  five  cases)  delivered  by  the  European
Court of Justice in 2001 concerning equal pay and equal treatment between men and women
in response to questions referred to it by national courts.15

– 

– 

– 

15

The Court has long established that dismissal, refusal to employ and non-renewal of
a contract of employment by reason of pregnancy is direct sex discrimination, which
cannot be justified. However, what had remained unclear until this year was whether
this principle would apply in the case of a dismissal and non-renewal of a fixed-term
contract  of  employment.  In  its  judgements  in  the  Melgar  and  Tele  Danmark  cases,
the Court confirmed that it would.

In  the  Menauer  case  the  Court  held  that  German  pension  funds  entrusted  with
administering occupational pension schemes are bound by the principle of equal pay
laid down in Article 141 of the EC Treaty in the same way as an employer. Neither
the  legal  independence  that  the  funds  enjoy  nor  their  status  as  insuring  bodies  are
relevant.

In the Griesmar and Mouflin cases, the Court was asked to consider two provisions of
the French Civil and Military Pensions Code that discriminate against men. Under the
first  provision,  a  female  civil  servant  receives  a  service  credit  (for  the  purpose  of
calculating  retirement  pension)  for  each  child  she  has  brought  up.  A  male  civil
servant does not. Under the second provision, a  female public servant is  entitled to
claim her pension before retirement age where her husband suffers from a disability
or  incurable  illness,  which  makes  it  impossible  for  him  to  undertake  any  form  of
employment. A male civil servant does not have the same right. The Court held first
that  contrary  to  the  view  of  the  French  authorities,  French  retirement  pensions  for
civil servants must be considered as "pay" within the meaning of Article 141 of the

Case  C-438/99,  Judgement  of  4  October  2001;  Case  C-109/00,  Judgement  of  4  October  2001;
Case C-379/99,  Judgement  of  9  October  2001;  Case  C-366/99,  Judgement  of  29  November  2001;
Case C-206/00, Judgement of 13 December 2001

16

                                                
EC Treaty and not as a social security benefit. It follows that the disputed provisions
of  the  French  Code  are  incompatible  with  EC  law.  The  French  authorities  can  no
longer attempt to rely on the derogation contained in the Directive on equal treatment
in social security to justify discrimination.

4.

SIGNIFICANT DEVELOPMENTS IN THE MEMBER STATES

Equal Pay

A  Finnish  collective  agreement  provides  that  each  sector  can  create  a  special  equality
allowance. The allowance is designed to raise the remuneration of  women who are not paid
sufficiently  well  despite  the  difficulty  of  their  work  and  their  education  in  traditionally  low
paid industrial sectors. In Denmark the Equal Pay Act has been amended so that is now more
transparent.  It  imposes  a  duty  upon  employers  with  over  10  employees  to  provide  gender
specific wage statistics.

As  far  as  national  case  law  is  concerned,  the  UK  Employment  Appeals  Tribunal  has
broadened the definition of "comparator" so as to allow an  employee of  a local  authority to
compare him or herself with an employee of another local authority even where the two salary
scales  had  been  agreed  independently.  In  Sweden  there  has  been  a  breakthrough  in  the
comparison of non-similar jobs since nurses can now be compared to technicians. However, it
appears that the Swedish Labour Court repeatedly accepts the concept of "market forces" as a
justification for unequal pay in cases of work of equal value.

Reconciliation of family and working life

Paternity leave (paid leave for fathers after birth of child) has been introduced in Greece by a
national collective agreement. In France, Finland and the UK, legislation has been proposed.

Greece, Ireland and the Netherlands have introduced legislation on the extension of maternity
leave.

17

IV. Enlargement and External Relations and
Development Co-operation

1.

ENLARGEMENT

Negotiations  with  10  of  the  candidate  countries  on  the  Employment  and  Social  Affairs
Chapter were provisionally closed early in 2001. However, their progress will continue to be
closely  monitored  by  the  Commission.  Negotiations  are  yet  to  commence  with  Bulgaria,
Romania and Turkey.

At  Göteborg,  in  June  2001,  the  European  Council  confirmed  that  those  candidate  countries
deemed ready should be able to join the European Union from 2004.

Implementing Community law

A basic condition  of membership of  the  European Union is acceptance  and  transposition  of
the  "acquis  communitaire".  In  the  field  of  equal  opportunities,  candidate  countries  are
required to transpose nine Directives.

Lithuania  had  already  transposed  practically  the  whole  acquis  in  this  field  before  2001  and
substantial transposition took place in the Czech Republic on 1 January 2001 with the coming
into force of the amendments to the Labour Code, the Acts on Wages and Salary and the Act
on Civil Procedure.

However, 2001 was something of a breakthrough year with significant progress in a number
of  other  countries.  Hungary  achieved  significant  alignment  with  the  acquis  as  projected,  by
the end of the year. The most important development was the amendment to the Labour Code,
which came into force on 1 July 2001. In Latvia, the acquis in this field was transposed by the
new Labour Code and the new Law on Labour Protection, both of which were adopted in the
summer.  The  Code  is  scheduled  to  come  into  force  in  June  2002.  In  Slovakia,  the
transposition  of  the  Directives  on  equal  pay  and  equal  treatment,  the  burden  of  proof,
pregnant  workers  and  parental  leave  were  achieved  this  year  with  the  adoption  of  the  new
Labour Code in July. Only the Directives on equal treatment in social security  remain to be
transposed. In Poland, amendments to the Labour Code transposing the acquis were adopted
in the second  part of  the year.  However, the legislation is not  scheduled  to  come  into  force
until  accession.  The  Estonian  government  approved  a  draft  Gender  Equality  Act  in
November.

In other candidate countries, progress remains worryingly slow.

Romania's slow progress in the adoption of the acquis is a cause for concern. A draft Law on
Equal Opportunities has been stalled in the Parliament since 1998. The draft was withdrawn
early  in  2001  for  amendment  following  the  change  of  government  and  the  legislative
timetable is now unclear.

Bulgaria  has  drafted  a  Bill  on  Equal  Opportunities.  However,  much  of  the  necessary
implementing legislation is scheduled only for the "medium" term.

In Cyprus, Malta and Slovenia, much of the acquis has yet to be transposed. Draft legislation
is under consideration, but there was limited evidence of progress in 2001.

18

There has been no legislative progress in Turkey.

In summary, there was excellent progress in 2001 in the Czech Republic, Estonia, Hungary,
Latvia, Poland and Slovakia. However, a number of other countries have substantial work to
do if they are to be ready for accession in 2004.

2.

INSTITUTIONAL CAPACITY IN CANDIDATE COUNTRIES

Adoption  and  transposition  of  the  acquis,  of  itself,  is  not  enough.  It  is  vital  to  develop
institutional  and  administrative  structures  that  will  facilitate  the  implementation  and
enforcement of equality rights.

Again, there are a number of countries that are well ahead of the pack.

As with adoption of the acquis, Lithuania had already made substantial progress before 2001.

Romania has established a consultative inter-ministerial commission on equality of treatment
for  men  and  women  to  promote  mainstreaming.  The  commission  has  developed  a  National
Action Plan for Equal Opportunities, but it remains to be seen whether it will receive any state
finance.

In both Slovakia and Latvia, the government adopted a concept paper on equal opportunities
in 2001, which sets out proposals for institutional development,  monitoring, assessment  and
awareness  raising,  with  the  focus  on  the  labour  market,  public  and  political  life  and  the
family.  As  with  the  Romanian  National  Action  Plan,  the  effective  implementation  of  the
concept papers will depend on adequate finance.

The pace of change is less encouraging in other countries.

Whilst excellent progress has been made on transposition of the acquis in the Czech Republic,
the  development  of  effective  implementation  and  enforcement  measures  has  been  slow.
Nevertheless,  the  government  has  prepared  an  evaluation  paper  this  year  on  issues  such  as
institution building and women in decision-making.

Institutional  structures  exist  in  Malta  and  Cyprus,  but  no  progress  was  made  in  2001  in
strengthening them.

Bulgaria and Poland, institutions are inadequate. Bulgaria has drawn up a draft Bill on Equal
Opportunities, which covers implementation and enforcement. However, the timetable for the
introduction  of  new  institutions  is  too  vague.  The  Polish  authorities  have  put  forward  no
proposals for tackling this matter.

In general, limited or no progress has been made in developing effective institutions for the
application  of  the  acquis  in  candidate  countries  and  a  greater  amount  of  work  needs  to  be
undertaken  between  now  and  accession.  Developing  Concept  Papers  and  National  Action
Plans  are  a  welcome  step  in  the  right  direction,  but  achieve  little  unless  converted  into
concrete, effectively financed, measures.

19

3.

EXTERNAL RELATIONS AND DEVELOPMENT COOPERATION

Co-operation with regard to the fight against trafficking in human beings

Trafficking in human beings is one of the most burning human rights issues for the European
Union and its future enlargement. Women and children are particularly exploited. Although it
is  very  difficult  to  know  the  real  scale  of  trafficking,  recent  estimates  indicate  that  around
500,000 women are trafficked annually into Western Europe.

The main trend for some years is the rise in victims from Central (30 %) and Eastern Europe
(40 %, CIS included). However, many victims are still trafficked from Africa, Asia and Latin
America  and  a  large  number  of  victims  of  sexual  exploitation  are  citizens  of  EU  Member
States.

Organised crime is increasingly involved as trafficking is one of the most lucrative criminal
activities and has been combined with relatively low sanctions up to now. The Commission
presented proposals in 2001 to make trafficking punishable under criminal law in all Member
States,  with  penalties  harsh  enough  to  have  a  real  deterrent  effect.  Equally,  to  enhance  co-
operation  on  law  enforcement  is  needed.  Europol's  mandate  has  been  extended  to  combat
trafficking.

In addition, it is essential to help the women affected.

– 

– 

Firstly, by warning women in countries of origin of the dangers, before they become
involved with traffickers. Also by raising awareness of the problem in the EU.

Secondly, by providing better support to the victims. The European Social Fund has
successfully  supported  a  specific  measure  to  raise  awareness  in  the  local
communities, create a data bank and develop networking between the various actors
involved  in  the  fight  against  trafficking  in  women  and  children  "Sicurezza  per  lo
sviluppo  2000-2006"  for  the  region  Mezzogiorno.  Italy  also  runs  rehabilitation
projects for the victims.

International women's  Day on 8th March  2001 provided  a platform for the Commission and
the European Parliament to raise awareness of the current Community activities in the area of
trafficking - arising from which a programmed approach to the assistance of victims is being
developed.

MEDA Regional Indicative Programme

The  MEDA  programme  is  the  principal  financial  instrument  of  the  European  Union  for  the
implementation  of  the  Euro-Mediterranean  Partnership.  Aid  provided  under  MEDA  goes
beyond traditional development aid as it makes economic transition and free trade the central
issue of EU financial co-operation with the Mediterranean region.

The conclusions of the Euromed Forum on the role of women in economic life , which was
held  in  Brussels  in  July  2001  at  the  initiative  of  the  Belgian  presidency,  were  fed  into  the
Regional Indicative Programme 2002-2004. Under the priority  "promoting the  sustainability
of the euro-mediterranean integration ", a part of this resource (6 million €) will be allocated
to measures concerning "equal opportunities for women".

20

The two main areas of action will be :

– 

– 

access  and  participation  of  women  in  the  labour  market,  in  particular  supporting
reforms  of  the  legislative  framework  and  development  of  policies  for  an  active
training and labour market;

promotion of the role of women in business, in particular by developing networks for
business  and  professional  women  and  facilitating  access  of  women  to  financial
instruments.

Afghanistan

The  organisation  in  Brussels  on  4-6  December  2001  of  the  Afghan  Women's  Summit  for
Democracy  was  a  unique  event  and  can  be  considered  a  great  success  both  in  terms  of  the
appreciation  expressed  by  the  Afghan  women  themselves  and  as  regards  the  achievements
made.

The  Brussels  Proclamation,  adopted  at  the  closing  of  the  Summit  by  the  women  from
Afghanistan, outlined the participants' comprehensive vision for the future and specified their
immediate  reconstruction  needs  as  regards  education,  healthcare,  women's  rights,  refugees
and culture.

The Declaration of Solidarity agreed at the parallel meeting of the women's rights activists is
a  strong  and  clear  indication  of  the  ongoing  support  and  commitment  of  the  women's
organisations and the civil society to restoring women's human rights in Afghanistan.

The main points raised in the declaration are the following:

– 

– 

– 

ensure that the funds allocated by the international Community for the reconstruction
of  Afghanistan  are  conditional  on  the  participation  of  women  in  decision-making
over the granting of the funds;

the inclusion of women's groups among recipients of the funds;

the  use  of  the  funds  for  implementing  the  priorities  set  out  in  the  Brussels
Proclamation.

The summit called for International Women's Day on 8 March 2002 to be used to mobilise
a world-wide demand for the implementation of the Brussels Proclamation and to declare that
for  women  "Afghanistan  is  everywhere"  as  the  women  throughout  the  world  are  joined  in
solidarity with the women in Afghanistan.

Thematic  instruments  :  European  Initiative  for  Democracy  and  Human  Rights  (EIDHR)
and Aid for population and reproductive health care, including HIV/AIDS.

Following 2001 Commission Communications on "The role of the EU in promoting Human
Rights and Democratisation" and on " Programme of action for gender equality in community
development  co-operation",  the  calls  for  proposals  launched  under  the  various  thematic
instruments of external relations and development co-operation include the gender dimension
for  the  assessment  of  proposals  for  the  implementation  of  actions  to  be  financed  by  the
Community.

21

This dimension is particularly important in the case of actions financed in the field of aid for
population and reproductive health care, including HIV/AIDS where the  17 actions selected
in 2001 integrate the gender perspective and address a special attention to the role and rights
of women regarding access and participation in social services.

4.

TRADE

As  part  of  the  considerations  relating  to  the  social  dimension  of  globalisation,  and  in
recognition  of  the  impact  of  economic  reform  on  gender  equality,  the  relationship  between
trade and gender has become an integrated part of EU policy towards sustainable trade and of
its efforts to promote core labour standards. This has led to a first meeting with civil society
on  trade  and  gender  in  the  context  of  the  regular  DG  Trade/civil  society  dialogue.  The
meeting  was  well  attended  and  provided  the  opportunity  to  gain  an  overview  of  ongoing
activities and of the issues that merit further work.

22

V. Perspectives for 2002

The Framework Strategy

The  Commission  work  programme  for  2002  will  include  the  following  horizontal  priorities
for all DGs and services:

– 

– 

– 

Conduct  gender  impact  assessment  of  selected  policy  areas,  which  have  not  up  to
now been gender mainstreamed.

Each  service  will  enhance  its  efforts  to  collect  gender  desegregated  data  and
systematically  break  down  by  gender  all  related  statistics  and  the  development  of
gender equality indicators will be pursued.

Each DG and service will insert gender mainstreaming modules in its training plans
for staff members of all levels, in particular management level.

Legal Initiatives

In 2002, the Commission intends to produce a report on the implementation of the Directive
on  parental  leave  including  considerations  on  why  so  many  fathers  have  not  exercised  this
right.

The  Commission  will  also  bring  forward  a  proposal  for  a  Directive  on  sex  discrimination
based  on  Article  13  of  the  EC  Treaty  during  the  course  of  2002.  This  new  legal  base  will
allow measures to be adopted on sex discrimination in areas beyond employment and social
security, which is the present, rather limited, extent of EC equality law.

The Programme

The Programme relating to the Community  Framework  Strategy  on Gender  Equality  (2001-
2005) will have 'reconciliation between work and family life' as the priority theme - with the
sub-theme  of  'giving  fathers  back  to  the  family'.  Two  calls  for  proposals  will  be  issued  in
January  2002:  one  with  the  aim  of  supporting  and  improving  the  synergy  among  national
policies and to develop a Community added value; the other in order to promote transnational
exchange actions consisting of the transfer of information, lessons learned and good practice.

Reinforcement of the Lisbon Strategy

In March  2000  the  Lisbon  European  Council  set  the  ambitious  ten-year  goal  of  making  the
Union the  most  dynamic,  competitive,  sustainable  knowledge-based  economy,  enjoying  full
employment and strengthened economic and social cohesion.

The Barcelona Summit in March 2002 reviewed the progress towards this goal and sharpens
the focus in particular to stimulate employment and improve social cohesion. In that context,
it  is  essential  to  eliminate  inequalities  and  promote  equality  between  men  and  women.
Member  States  should  remove  disincentives  for  female  labour  force,  in  particular  by
providing  childcare  by  2010  to  at  least  90%  of  children  between  3  years  old  and  the
mandatory school age and at least 33% of children under years of age.

23

Spanish Presidency's initiatives on violence

The Spanish Presidency has announced that in the first half of 2002 'Violence' - particularly
domestic violence - will be a priority theme for their Presidency and intends to develop with
the Commission indicators on violence and compile good practice to reduce violence. These
activities will be pursued under the Danish Presidency in the second half of 2002.

Structural Funds

Over  the  last  years  several  initiatives  have  been  undertaken  to  improve  the  impact  of
Structurals  Funds  on  gender  equality.  The  work  done  in  2001  paved  the  way  for  two  main
events in 2002. The 3rd Conference on Gender Mainstreaming in the Structural Funds  (June
14th  and  15th  2002,  Santander,  Spain)  and  the  Commission  Communication  on  the
implementation  of  gender  mainstreaming  in  the  Structural  Funds  programming  documents
which aim at  reviewing  and fine-tuning  gender mainstreaming in  the Structural  Funds  inthe
wake of a general reform of the Structural Funds.

Justice and Home Affairs

The  planned  approach  to  support  victims  of  trafficking  will  be  developed,  namely  by
proposing  a  Council  Directive  on  residence  permits  for  victims  of  illegal  immigration  or
trafficking  in  human  beings  who  co-operate  with  the  competent  authorities  and  by  laying
down arrangements for victims who lodge complaints or provide information to the police or
the courts.

External Relations and Human Rights

In the course of 2002, a study to review the existing policies in the field of external relations
will  be  launched.  An  expert  seminar  will  be  organised  on  the  basis  of  the  findings  of  this
study. Moreover, an evaluation of the integration of gender in EC co-operation with the third
countries  has  been  commissioned  by  EuropeAid  and  will  be  carried  out  by  an  independent
team of experts. Building on these initiatives, a major ministerial level event is then planned
under the Greek Presidency, early in 2003. This event will bring together representatives from
all the policies concerned - development, political relations, trade, EU enlargement and aid to
look  at  how  the  role  and  visibility  of  women  in  the  Union's  external  relations  can  be
strengthened and reinforced.

In  the  field  of  human  rights,  the  programming  document  (2002-2004)  for  the  European
Initiative  for  Democracy  and  Human  Rights  (EIDHR)  adopted  on  20  December  2001
considers the inclusion of a gender perspective "a crucial factor to ensure that EIDHR funded
projects  comply  with  the  wider  policy  of  the  Commission".  Every  effort  will  be  made  to
integrate gender in the selection of projects under the EIDHR.

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