Opinion of the Committee of the Regions on the Proposal for a Council Directive on Implementing the principle of equal treatment between women and men in the access to and supply of goods and services
Date: 2004-04-22
Institutions: European Committee of the Regions
Subjects: European social policy, equal treatment, gender equality, insurance

30.4.2004

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Official Journal of the European Union

C 121/25

2.18
believes that immigration policy must be based on
social inclusion and cultural integration. Immigrants in the EU
could constitute a natural ''bridge'' for the approval and devel-
opment of the planned cooperation initiatives;

proposes that 2008 be designated ‘Neighbourhood
2.19
Year’. With this in mind,
it calls for the establishment of
programmes run by local and regional authorities and invol-
ving NGOs, civil society and citizens from both the EU and the
surrounding countries. The initiatives could reach out to a
wider section of the population through cultural events that
would showcase the new cultural and economic dimensions in
and around Europe. Prior to exhibitions, a series of themed

conferences could be organised by local and regional adminis-
trations, which could involve the wider public;

supports the activities of local and regional bodies such
2.20
as the IRMEDD in Montpellier, the LEM Foundation in Livorno,
the Three Cultures of the Mediterranean Foundation in Seville,
the Mediterranean Laboratory Foundation in Naples,
the
Catalan Institute of Mediterranean Studies and Cooperation in
Barcelona, the Institute of the Mediterranean in Marseille, the
Mediterranean Institute of European Studies in Valencia, MedCi-
ties in Barcelona, etc; strongly encourages the role they play in
research, exchanges of experiences and cultural dissemination,
with a view to their participation in the initiatives of the Euro-
Mediterranean Foundation set up at the Naples conference.

Brussels, 21 April 2004.

The President

of the Committee of the Regions

Peter STRAUB

Opinion of the Committee of the Regions on the ‘Proposal for a Council Directive on Imple-
menting the principle of equal treatment between women and men in the access to and supply of
goods and services’

(2004/C 121/06)

The Committee of the Regions,

Having regard to the ‘Proposal for a Council Directive on Implementing the principle of equal treatment
between women and men in the access to and supply of goods and services’ (COM(2003) 657 final – SEC
2003/1213 – 2003/0265 (CNS)),

Having regard to the decision of the European Commission of 5 November 2003 to consult it on this
subject, under the first paragraph of Article 265 of the Treaty establishing the European Community,

Having regard to the decision of its President of 7 May 2002 to instruct its Commission for Economic and
Social Policy to draw up an opinion on this subject,

Having regard to its draft opinion (CdR 19/2004 rev. 1) adopted on 2 March 2004 by the Commission for
Economic and Social Policy (rapporteur: Ms Norrman, Member of Jämtland County Council (S/PES),

adopted the following opinion unanimously at its 54th plenary session on 21-22 April 2004 (session of 22
April).

1. Committee of the Regions' viewpoints

sions made to various interest groups with regard to the scope
of the proposed directive.

1.1
The Committee of the Regions would express its disap-
pointment at the limited scope of the proposal. The Committee
notes that the Commission has been unable to fulfil the task
entrusted to it by the Heads of State and Government in Nice
in the year 2000, viz. submitting a proposal for a directive to
promote equality outside the workplace, based on Article 13 of
the Treaty on European Union. The CoR regrets the conces-

1.2
The CoR wishes to work to remove shortcomings in
equal opportunities between men and women and actively
promote equality by, inter alia, supporting the EU Treaty, the
Nice Treaty and the framework strategy in the Fifth Action
Programme (2001-2005), where the two-pronged approach
involves mainstreaming equality issues in all policies and
specific measures focusing on women.

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in certain areas.

1.3
The Committee of the Regions believes that there is an
important difference between implementing the principle of
equal opportunities and implementing the principle of equal
is a much
treatment
broader concept and involves having the same opportunities,
rights and duties in all areas of life, including an equal share of
power and influence. An equal treatment strategy alone is not
enough to achieve real equality. In practice it could compound
inequalities, and it cannot compensate for earlier sex discrimi-
nation.

‘Equal opportunities’

The Committee of the Regions endorses the Commission
1.4
proposal to ban sex discrimination in relation to men's and
women's access to and supply of goods and services.

Given that equal treatment as a sole equality strategy
1.5
can strengthen inequality,
the CoR particularly welcomes
Article 3, which specifies that the principle of equal treatment
shall mean that there may be neither direct nor indirect discri-
mination on grounds of gender. The article is necessary to
prevent people from being treated less well on grounds of
gender, or from being put at a disadvantage because of appar-
ently gender-neutral decisions.

The Committee welcomes the fact that the proposed
1.6
definitions of direct discrimination,
indirect discrimination,
harassment and sexual harassment concord with those used in
Directives
2002/73/EC
amending Directive 76/207/EEC.

2000/43/EC,

2000/78/EC,

and

1.7
The CoR welcomes the fact that Articles 7-10 and 13
on implementation, burden of proof and penalties concord
with earlier directives based on Article 13 EC.

1.8
The Committee of the Regions agrees with the Commis-
sion's view that sex must not be a factor in calculating
premiums and benefits
financial
services. The CoR would stress that this is particularly impor-
tant with regard to state pension systems and private pension
policies.

insurance and other

for

1.9
The Committee feels that laws on discrimination in any
form, regardless of the grounds, must provide equal levels of
protection. The proposal for a directive will not cover the same
areas as those covered by the existing directive on discrimina-
tion on grounds of race or ethnic origin both at and outside of
the workplace. The Committee fears that the Commission's
step-by-step method of presenting special directives could
create the impression that there is a discrimination ‘pecking
order’.

1.10
The CoR feels that the proposal contains far too many
exceptions and exclusion areas. Article 1(4) excludes education,
media and advertising. The Committee believes that if a direc-
tive on sex discrimination is to be able to contribute towards
equality, these areas must be included.

1.11
The Committee of the Regions would stress its opposi-
tion to the Commission's view that a ban on degrading text
and images in the media and advertising, and on racist texts,
the basic principle of
would constitute an infringement of
freedom of the press. According to the UN Declaration on
Human Rights,
legal constraints may be placed on press
freedom in order to ensure due recognition and respect for the
rights and freedoms of others, and to meet the just require-
ments of morality, public order and the general welfare in a
democratic society (Article 29).

Article 141 EC on equal pay for equal work or work
1.12
of equivalent value has not resulted in men and women being
taxed equally. The CoR therefore believes that taxation is also
an area that should be reviewed from an equal opportunities
perspective.

2. Committee of the Regions' recommendations

The Committee of the Regions

2.1
The EU plays a key role in enabling both the current
and future Member States to comply with the fundamental
principle of equal opportunities for men and women. The
Community must eliminate gender-based inequalities and
actively promote equality between men and women in all its
activities. The Committee of the Regions therefore calls on the
Commission to present a more comprehensive directive, in line
with the task entrusted to it by the Heads of State and Govern-
ment.

Like the Commission, the Committee of the Regions
2.2
sees this directive as a first response to the request by the
Heads of State Government and would stress the importance of
the Commission continuing
legislative work. The
Committee of the Regions can help to secure a more compre-
hensive directive.

this

2.3
The Committee of the Regions calls on the Commission
to propose an equal opportunities directive which, in addition
to goods and services, also includes areas such as taxation,
education, social security including social insurance and health-
care, violence against women and images in the media and
advertising. This would provide greater clarity and accessibility
for the Member States and for citizens.

2.4
The Committee calls on the Commission to ensure that
this directive covers at least the same sections of the com-
munity as those covered by the directive on the principle of
equal treatment between persons irrespective of racial or ethnic
origin.

The CoR endorses the proposal

2.5
treatment
between women and men in the access to and supply of goods
and services, but regrets the limited scope of the directive.

for equal

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2.6
The Committee would stress that equality cannot be
achieved through legislation alone. Men and women must have
the same opportunities in politics, at the workplace and in life
that
generally. The Committee of
combating gender discrimination is also a matter of raising
awareness of gender and equal opportunities issues, and of
changing attitudes and values. The CoR would be pleased to
work with the Commission in organising seminars on equality
and efforts to secure equal opportunities.

the Regions believes

2.7
Gender mainstreaming involves incorporating equality
between men and women in all Community policies and
throughout all EU bodies. The Committee of
the Regions
wishes to support the Commission in its efforts to develop
methods for gender mainstreaming and considers that a break-
down of Member State statistics by gender and age would be of
valuable assistance in highlighting living conditions for men
and women.

The Committee endorses

2.8
to prohibit
gender discrimination in insurance and other financial services.

the proposal

2.9
The Committee feels that the transitional period (6 + 2
years) for the introduction of Article 4, which prohibits insur-
ance and premiums based on gender, is too long. Furthermore,

Brussels, 22 April 2004.

the article seems too rigid in laying down that the directive
should apply only to insurance contracts drawn up after the
date of its entry into force, without taking account of the fact
and private pension agreements
that pension systems
concluded before that date could continue to discriminate on
the grounds of gender for generations longer.

The CoR agrees with the proposal

2.10
in Article 12 to
abolish provisions which are in breach of the principle of equal
treatment (Article 3) found in (a) laws, regulations and adminis-
trative provisions, and that (b) individual or collective contracts
or agreements,
rules of undertakings, and rules
governing profit-making or non-profit-making associations
shall, or may be declared, null and void or amended.

internal

2.11
The directive does not cover the most obvious types of
female oppression such as violence and sexual exploitation.
The Committee would stress the need for the Commission to
put forward new initiatives in this area.

2.12
The Committee of the Regions believes it is important
for local and regional authorities to work for equality between
women and men. The CoR wishes to help to secure a
successful, mainstreamed equal opportunities policy that can
shape society and inform people's everyday lives.

The President

of the Committee of the Regions

Peter STRAUB