(2004/C 84 E/0280)

WRITTEN QUESTION P-3414/03

by Marianne Eriksson (GUE/NGL) to the Council

(12 November 2003)

Subject:   Estonia and directives on equal opportunities

It has come to my notice that Estonia has yet to transpose the EU directives on equal opportunities into national legislation. This would seem remarkable, particularly since the Commission publicly criticised the enlargement countries on 6 November for not meeting requirements ahead of EU accession. On that occasion, however, there was no mention of Estonia and the absence of legislation on equal opportunities.

Can the Council confirm that Estonia has not implemented the directives on equal opportunities?

Can the Council explain why it was not made a requirement for accession to the EU?

What action will the Council take?

Reply

(9 March 2004)

Although Estonia has reached a high level of alignment with the acquis in most policy areas, the Council can confirm that Estonia has not yet transposed legislation in the field of equal treatment of women and men. In this context, it should be noted that the Commission's comprehensive monitoring report of 5 November 2003 on Estonia's preparations for membership clearly identifies this issue as a matter of serious concern, where Estonia must take immediate and decisive action if it is to be ready by the date of accession. The Council shares the analysis of the Commission in this regard. It should also be noted that alignment with the acquis in the field of equal opportunities is indeed a requirement for accession (as is the EU acquis as a whole), and that Estonia will achieve this through the adoption of the Gender Equality and Equal Treatment Act and the Employment Contract Act. Estonia is now required to address urgently the substantial delays in the adoption of these two legal acts compared to the original legislative timetable.

In general terms, it should be recalled that the Council has underlined the importance of the process of monitoring the state of preparedness for EU membership of the ten acceding States. This process is an ongoing exercise, which will continue until the date of accession. In this regard, the Council, at its meeting on 17 November 2003, noted that the Commission, taking full advantage of the expertise of the Member States, will continue to follow the acceding States' progress closely using all the means at its disposal to ensure the proper implementation of the Union's rules and policies. Taking into account the Commission's role to safeguard the smooth functioning of all EU policies upon and after accession, the Council also noted the Commission's determination to take, wherever necessary, all appropriate measures for this purpose. Furthermore, the Council took note of the Commission's intention to keep the Council fully and regularly informed on any remaining concerns and on the appropriate measures that it will take in this regard.