Goods and services (Directive 2004/113)

AuthorRomina Bartolo
Pages47-48
47
9Goods and services (Directive 2004/113)48
9.1General (legal) context
9.1.1Surveys and reports about the difficulties linked to equal access to and supply of
goods and services
No surveys or reports on difficulties linked to equal access to and supply of goods and
services have been published.
9.1.2Specific problems of discrimination in the online environment/digital
market/collaborative economy
There are no specific problems to report.
9.1.3Political and societal debate
There has been no political or societal debate.
9.2Prohibition of direct and indirect discrimination
National law prohibits direct and indirect discrimination on grounds of sex by means of the
AGS Regulations enacted under the Equality for Men and Women Act 2003.
The Equality for Men and Women Act itself already contained some provisions that can be
considered as implementing some of the principles of the directive. For example, Articles
8(1) and (3), 9, and 10 of the act, on educational guidance, sexual harassment, and
discriminatory advertising, respectively.
9.3Material scope
The material scope of national law is broader than Directive 2004/113. Regulation 1(3) of
the AGS Regulations states:
‘These regulations shall apply to all persons who provide goods and services made
available to the public irrespective of the person concerned as regards both the public
and private sectors, including public bodies, and which are offered outside the area
of private and family life, and to all transactions carried out in this context.
9.4Exceptions
Maltese law has not applied any exceptions, given that Regulation 1(3) of the AGS
Regulations states that the regulations
apply to all persons who provide goods and services made available to the public,
irrespective of the person concerned as regards both the public and private sectors,
including public bodies, and which are offered outside the area of private and family
life, and to all transactions carried out in this context.
9.5Justification of differences in treatment
Provision for justification of differences in treatment is made in Regulation 4(8) of the AGS
Regulations, which provides that these regulations shall not preclude differences in
treatment, if the provision of the goods and services exclusively or primarily to members
48 See e.g. Caracciolo di Torella, E. and McLellan, B. (2018), Gender equality and the collaborative economy,
European network of legal experts in gender equality and non-discrimination, available at
https://www.equalitylaw.eu/downloads/4573-gender-equality-and-the-collaborative-economy-pdf-721-kb.

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