Directive 2004/113 - Implementation of the principle of equal treatment between men and women in the access to and supply of goods and services - Main contents
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Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2004/113 |
| Original proposal | COM(2003)657  |
| CELEX number i | 32004L0113 |
| Document | 13-12-2004 |
|---|---|
| Publication in Official Journal | 07-06-2006; Special edition in Bulgarian: Chapter 05 Volume 007,OJ L 373, 21.12.2004,Special edition in Romanian: Chapter 05 Volume 007,OJ L 153M , 7.6.2006,Special edition in Croatian: Chapter 05 Volume 001 |
| Effect | 21-12-2004; Entry into force Date pub. |
| End of validity | 31-12-9999 |
| Transposition | 21-12-2007; At the latest See Art 17 |
21.12.2004 |
EN |
Official Journal of the European Union |
L 373/37 |
COUNCIL DIRECTIVE 2004/113/EC
of 13 December 2004
implementing the principle of equal treatment between men and women in the access to and supply of goods and services
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community and in particular Article 13(1) thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament (1),
Having regard to the Opinion of the European Economic and Social Committee (2),
Having regard to the opinion of the Committee of the Regions (3),
Whereas:
(1) |
In accordance with Article 6 of the Treaty on European Union, the Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, principles which are common to the Member States, and respects fundamental rights as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States as general principles of Community law. |
(2) |
The right to equality before the law and protection against discrimination for all persons constitutes a universal right recognised by the Universal Declaration of Human Rights, the United Nations Convention on the Elimination of all forms of Discrimination Against Women, the International Convention on the Elimination of all forms of Racial Discrimination and the United Nations Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights and by the European Convention for the Protection of Human Rights and Fundamental Freedoms, to which all Member States are signatories. |
(3) |
While prohibiting discrimination, it is important to respect other fundamental rights and freedoms, including the protection of private and family life and transactions carried out in that context and the freedom of religion. |
(4) |
Equality between men and women is a fundamental principle of the European Union. Articles 21 and 23 of the Charter of Fundamental Rights of the European Union prohibit any discrimination on grounds of sex and require equality between men and women to be ensured in all areas. |
(5) |
Article 2 of the Treaty establishing the European Community provides that promoting such equality is one of the Community's essential tasks. Similarly, Article 3(2) of the Treaty requires the Community to aim to eliminate inequalities and to promote equality between men and women in all its activities. |
(6) |
The Commission announced its intention of proposing a directive on sex discrimination outside of the labour market in its Communication on the Social Policy Agenda. Such a proposal is fully consistent with Council Decision 2001/51/EC of 20 December 2000 establishing a Programme relating to the Community framework strategy on gender equality (2001-2005) (4) covering all Community policies and aimed at promoting equality for men and women by adjusting these policies and implementing practical measures to improve the situation of men and women in society. |
(7) |
At its meeting in Nice of 7 and 9 December 2000, the European Council called on the Commission to reinforce equality-related rights by adopting a proposal for a directive on promoting gender equality in areas other than employment and professional life. |
(8) |
The Community has adopted a range of legal instruments to prevent and combat sex discrimination in the labour market. These instruments have demonstrated the value of legislation in the fight against discrimination. |
(9) |
Discrimination based on sex, including harassment and sexual harassment, also takes place in areas outside of the... |
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