Women pay more (pink tax)

Subject: Women pay more (pink tax)

It has been established that different prices are being charged for exactly the same products, depending on whether they are being marketed for men or for women. This applies in particular to personal hygiene products. For example, razors, shower gel, shampoo and deodorants that are made by the same manufacturers and are of exactly the same quality are more expensive when marketed for women1. The so-called pink tax affects around half the population and is in fact a direct breach of gender equality provisions such as those contained in Directive 2004/113/EC, which prohibits any direct and indirect gender-based discrimination and also applies to the supply of goods.

In addition, the European Gender Equality Strategy 2020-2025 is seeking to resolve the root causes of gender inequalities and close the pay gap,

In view of this:

1. Can the Commission say what information it has regarding identical products that are more expensive for women than for men?

2. What action will it take to remedy matters?

Submitted: 8.12.2022

1 https://www.in.gr/2022/12/07/life/woman/roz-foros-epiprostheto-kostos-tou-na-eisai-gynaika/

Answer given by Ms Dalli on behalf of the European Commission

(13 February 2023)

As explained in its reply to EP Question E-002131/2021, since Directive 2004/113 (2) already prohibits direct and indirect discrimination in access to goods and services, the Commission is currently not planning to develop additional instruments regarding specifically price discrimination against women and girls.

The Commission monitors the correct application and enforcement of the existing EU legislation on gender equality in Member States and supports them in the proper implementation of existing rules such as the above.

However, enforcement of legislation transposing EU Directives is primarily a matter of national competence and Member States have an obligation to ensure its proper enforcement.

In the latest Gender Equality Strategy, the Commission called Member States to properly implement EU gender equality, including the directive 2004/113 on sex equality in access to goods and services (3).

In addition, in order to improve the enforcement of EU equality legislation, the Commission has recently presented two proposals for directives to strengthen equality bodies (4), including as regards their action on sex equality in access to goods and services.

1 ∙ ⸱ https://www.in.gr/2022/12/07/life/woman/roz-foros-epiprostheto-kostos-tou-na-eisai-gynaika/

2 ∙ ⸱ 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, OJ L 373, 21.12.2004, p. 37‐43.

3 ∙ ⸱ See ‘A Union of Equality: Gender Equality Strategy 2020-2025’, COM (2020) 152 final, at page 12.

4 ∙ ⸱ Proposal for a directive of the European Parliament and of the Council on standards for equality bodies in the field of equal treatment and equal opportunities

between women and men in matters of employment and occupation, and deleting Article 20 of Directive 2006/54/EC and Article 11 of Directive 2010/41/EU, COM(2022) 688 final of 7 December 2022, and Proposal for a Council Directive on standards for equality bodies in the field of equal treatment between persons irrespective of their racial or ethnic origin, equal treatment in the field of employment and occupation between persons irrespective of their religion or belief, disability, age or sexual orientation, equal treatment between women and men in matters of social security and in the access to and supply of goods and services, and deleting Article 13 of Directive 2000/43/EC and Article 12 of Directive 2004/113/EC, COM (2022)689 of 7 December 2022.