Gender Mainstreaming in the Internal Market Chapters of the Acquis

Gender Mainstreaming in the Internal Market Chapters of the Acquis Guidelines and Tools

Gender Mainstreaming in the Internal Market Chapters of the Acquis Guidelines and Tools 1

Title of the publication: Gender Mainstreaming in the Internal Market Chapters of the Acquis - Guidelines and Tools - Published by: © Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH For the publisher: Blerina Raça, Project Manager GIZ Project: “Support to accession negotiations in the economic chapters of the acquis (SANECA)“ Ismail Qemali Street, No 3, Floor 3, Tirana - Albania T: +355 42273424 E: [email protected] I: www.giz.de/albania Prepared by: Dr. Doris Wittberger Design and layout: Erald Lamja Printed by: xxxxx No. of copies printed: 500 Place and date of issue: Tirana, [month] 2022 On behalf of the German Federal Ministry for Economic Cooperation and Development (BMZ) CIP Katalogimi në botim BK Tiranë ISBN Disclaimer This document has been compiled by Dr. Doris Wittberger, international expert, with the financial assistance of the German Government implemented through“Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH”, in the frame of the project “Support to Accession negotiations in Economic Chapters of acquis” (SANECA). The views expressed herein are those of the expert and therefore cannot in any way be taken to reflect the official opinion of GIZ or the German Government. 2

Table of Contents Abbreviations & Acronyms 4 Purpose 5 Context 6 Gender access points to Chapters 1, 3, 20 and 28: 8 Matching relevant EU GAP III indicators to chapter-specific policy areas The tool: Gender-sensitive Impact Assessment 9 Intended audiences 10 Undertaking a gender impact assessment – Yes or No? 11 How to carry out a gender impact assessment? 12 1. Definition of the purpose 13 2. Checking gender relevance 13 3. Gender-sensitive analysis 14 4. Weighing the gender impact 17 5. Findings and proposal for improvement 19 Annex 1 – Results of matching Chapters 1, 3, 20 and 28 with EU GAP III 21 Chapter 1 – Free movement of goods 22 Chapter 3 – Right of establishment and freedom to provide services 22 Chapter 20 – Enterprise and Industrial Policy 23 Chapter 28 – Consumer and Health Protection 25 3

Abbreviations & Acronyms CEDAW Convention on the Elimination of all forms of Discrimination Against Women CEO Chief executive officer DCM Decision of the Council of Ministers EC European Commission EU European Union EURF European Results Framework FPI RF Foreign Policy Instruments Results Framework- List of core indicators for Partnership Instrument GAP Gender action plan GIZ German Corporation for International Cooperation GmbH IIWG Inter-institutional working group ILO International Labour Organization MFE Ministry of Finance and Economy NSGE National strategy for gender equality STEM Science, technology, engineering, and mathematics TEU Treaty of the European Union TFEU Treaty of the Functioning of the European Union 4

Purpose This booklet makes available and promotes the use of the Gender-sensitive Impact Assessment tool - a standard EU gender mainstreaming method - in the EU accession and negotiation process. This is particularly timely, as the Government of Albania is advancing in preparations for EU accession negotiations, for which gender mainstreaming is a key quality marker. The intended primary audience consists of the negotiating structures responsible for preparing work at technical level in accession talks for selected acquis chapters, i.e., Chapter 1 (Free movement of goods), Chapter 3 (Right to Establishment and Freedom to Provide Services), Chapter 20 (Enterprise and Industrial Policy), and Chapter 28 (Consumer and Health Protection). The booklet aims to enable these negotiating strutures - i.e., the Inter-Institutional Working Groups (IIWGs) – to pursue gender mainstreaming in accession work for accommodating the transversal Gender Equality acquis, thereby advancing in accession talks in topical chapters. The Booklet provides the abovementioned negotiating structures with examples of concrete “gender access points” by pinpointing the specific gender equality issues in seemingly gender-neutral policy areas. In this context, a clear novelty is the matching of policy areas covered under each of the selected chapters with EU Gender Action Plan (GAP) III indicators. Through establishing this nexus, the concrete gender equality outcomes come to the fore that IIWGs are expected to address in respective accession work, such as in strategic planning, policy making, and regulatory initiatives coordinated and/or prepared by IIWGs. The intended secondary audience includes negotiating structures/institutions involved in accession work in negotiating chapters other than Chapters 1, 3, 20 and 28, in order for them to address gender equality goals in their areas of purview. This spill-over effect is expected to contribute to advancing the overall accession process and to result in a more unified and concerted approach to gender mainstreaming therein. Finally, the contents of this booklet shall also serve all other public administration structures involved in policy/ regulatory affairs, such as gender responsive budgeting and gender-sensitive monitoring, resulting in enhanced gender mainstreaming and improved gender budgeting/monitoring in their areas of engagement and responsibility. The Booklet provides stepwise guidance for the effective application of the Gender-sensitive Impact Assessment Tool. Based on materials prepared by the European Institute of Gender Equality,1 it is designed to ensure a common approach to assessing gender relevance as the basis for quality assurance and fact- and evidence-based implementation. To the extent possible, relevant institutions are encouraged to align their procedures to the requirements of gender mainstreaming and increasingly apply this tool. 1 European Institute for Gender Equality, online methods and tools: https://eige.europa.eu/gender-mainstreaming/methods-tools 5

Context The GIZ-run SANECA project provides technical support and capacity development to members of negotiation structures for selected acquis Chapters, so they are equipped with the necessary knowledge and skills to conduct different stages of accession negotiations. The project’s focus is on capacity development and methodologies in the context of the so-called internal market chapters, including Chapter 1 (Free movement of goods), Chapter 3 (Right to Establishment and Freedom to Provide Services), Chapter 20 (Enterprise and Industrial Policy), and Chapter 28 (Consumer and Health Protection). Mainstreaming gender equality elements into these chapters is an integral part of the approximation process, pursuant to EU Gender Equality Law. The obligation to engage in gender mainstreaming emanates, among others, from the Treaty of the European Union (TEU)2, the Treaty of the Functioning of the European Union (TFEU)3 Articles 8 and 10, Council Directive 2004/113/EC of 13 December 20044, and the Directive of the European Parliament and of the Council 2006/54/EC of 5 July 20065. It is clearly reflected in the EU Gender Action Plan III (2021-2025)6, and was recently re-articulated in the Regulations of the EU Instrument for Pre-Accession Assistance (IPA III).7 Candidate countries are required when accessing the EU to comply with the acquis on gender equality and non-discrimination. 2 Consolidated version of the Treaty of the European Union (TEU). See: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=cel- ex%3A12012M%2FTXT 3 Consolidated version of the Treaty of the Functioning of the European Union (TFEU). See: https://eur-lex.europa.eu/legal-con- tent/EN/TXT/?uri=celex%3A12012E%2FTXT 4 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”. See: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex- %3A32004L0113 5 Directive of the European Parliament and of the Council 2006/54/EC of 5 July 2006 “On the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation” (Recast Directive). See: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32006L0054 6 Joint Communication of the European Parliament and the Council: “EU Gender Action Plan (GAP) III – An ambitious agenda for gender equality and women’s empowerment in EU external action”. See: https://ec.europa.eu/international-partnerships/ system/files/join-2020-17-final_en.pdf 7 REGULATION (EU) 2021/947 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 9 June 2021 establishing the Neigh- bourhood, Development and International Cooperation Instrument – Global Europe, amending and repealing Decision No 466/2014/EU and repealing Regulation (EU) 2017/1601 and Council Regulation (EC, Euratom) No 480/2009. See: https://eur-lex. europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021R0947&from=EN 6

As of now, Albanian legislation is less explicit on the obligation of gender mainstreaming per se. However, Law No.9970, date 24.07.2008, on Gender Equality in Society8 clearly defines the term, and Law No. 10 221 dated 4.2.2010 “On Protection from Discrimination”, amended in 20209, obliges all public authorities to promote equality and prevent discrimination in exercising their functions (Article 7 Protection from discrimination). The National Strategy for Gender Equality (NSGE) 2021-2030, adopted through Council of Ministers’ Decision No. 400, dated 30.6.2021, establishes through its Strategic Goal IV the “Application of gender mainstreaming as the main tool of achieving gender equality and gender justice in society”. Towards this end, the NSGE foresees monitoring of new strategies that integrate a gender perspective, and the allocation of respectively matching budgets at central and municipal level. In this token, the National Strategy for Gender Equality provides the strategic framework for gender mainstreaming across sectors and levels of governance. 8 Law No 9970, dated 24.07.2008 “On gender equality in society, as published in the Official Gazette No. 125, dated 01.08.2008. See: http://www.osce.org/albania/36682 9 As amended by the Law No. 124/2020. See: https://www.kmd.al/wp-content/uploads/2021/04/Law-on-Protection-from-Dis- crimination-Albania.-2020.pdf 7

Gender access points to Chapters 1, 3, 20 and 28 Matching relevant EU GAP III indicators to chapter-specific policy areas The results of a recent gender screening of current policies under Chapters 1, 3, 20, and 28 - undertaken in the framework of the GIZ-run SANECA project - indicate significant gaps in addressing gender inequality issues and the application of gender mainstreaming. This includes policy areas in which women’s unequal status is well-documented and evidenced by administrative data. Underlying reasons include gaps in gender statistics, the stereotypical conceptualization of a male standard citizen, limited gender mainstreaming capacity and skills, and weak reflection of gender equality norms and standards in processes, procedures, and systems. In the absence of obligatory, routinely applied and policy area-specific gender analysis, an additional obstacle is the fact that individuals involved in the drafting of policies usually find it difficult to imagine what gender equality goals would actually look like in their area of engagement. Indicators are the regulatory makers policies are expected to work for. Towards this end, the indicators of the EU Gender Action Plan (GAP) III serve as valuable guidance. They illustrate what kind of change in the lives of women/ girls and men/boys needs to be achieved and measured. A recent matching exercise reveals that several EU GAP III indicators are of specific relevance for Chapters 1, 20, 28.10 Results are presented in Annex 1 and demonstrate that in these Chapters, gender equality is an explicitly expected outcome of accession work. For achieving this outcome and enhancing alignment with the EU acquis, the required specific, standardized EU methodologies and tools are available. One of these tools identifies gender relevance and supports the specification of gender equality outcomes in any policy area or sector: the Gender-sensitive Impact Assessment11. 10 For Chapter 3, no related indicators were identified. 11 The Gender Impact Assessment methodology presented in this publication is based on, and adapted from, the collection of EU gender mainstreaming toolkits, made available on the website of the European Institute for Gender Equality: https://eige. europa.eu/gender-mainstreaming/toolkits 8

The tool: Gender-sensitive Impact Assessment The concrete practice of mainstreaming gender equality into processes such as law-making, policy making, planning, budgeting, implementing, and monitoring requires the application of concrete procedures, methodologies, and tools. Gender impact assessment is an EU-standardized method routinely used for ex ante evaluation of legal documents, strategic policy plans and in‑action programmes. Broader use of gender impact assessment helps policymakers and public servants to analyse and foresee the impact on women and men of any important decision under consideration, which helps to improve existing measures and inform decisions regarding budget allocation. The findings of any gender impact assessment should be made available on time, so that legal regulations and related policies can be amended during the design and planning stages. ‘Gender impact assessment can be applied to legislation, policy plans, policy programmes, budgets, concrete actions, bills and reports or calls for research. Gender impact assessment methods do not only have to be applied to policy in the making, they can also be applied to existing policies. They can be used in the administration as well as by external actors; in both cases they require a considerable amount of knowledge of gender issues’12 Source: European Institute for Gender Equality, Gender Mainstreaming Tools 12 Council of Europe (2004), Gender mainstreaming: Conceptual framework, methodology and presentation of good practices, http://www.coe.int/t/dghl/standardsetting/equality/03themes/gender-mainstreaming/EG_S_MS_98_2_rev_en.pdf 9

Intended audiences The Gender-sensitive Impact Assessment tool has several target audiences.The primary audience includes the Ministry of Finance and Economy, responsible for conducting accession talks in 14 out of 35 acquis Chapters; Inter-Institutional Working Groups in charge for delivering on accession requirements in respective chapters; and other members of negotiation structures (e.g., negotiator(s) of selected chapters and the negotiating group). Equally important are structures involved in sector governance such as the Prime Minister’s Office/the newly established State Agency for Strategic Programming and Coordination, Integrated Policy Management Groups in charge of sector coordination, line ministries responsible for specific policy areas (most importantly policy and regulatory structures therein), and sector working groups. With regard to monitoring progress in adopting the EU Gender Equality acquis, Gender Equality Officers, the National Council for Gender Equality, Parliament, dedicated civil society organisations, and members of the Partnership Platform for EU Integration have an important role. In a wider sense, the audience encompasses all Development and Integration Partners, including the EU Delegation, Member States, and international actors, in view of their support to Albania’s reform and EU-accession processes. In the context of the forthcoming accession negotiations, all stakeholders need to be equipped with the necessary knowledge and skills to effectively support the transposition of EU Gender Equality Law, and to ensure a gender-sensitive negotiation process in Albania. 10

Undertaking a gender impact assessment – Yes or No? Almost all political decisions have a concrete impact on the lives of women and men. That is why, in most cases, gender impact assessment is relevant and needed in order to assess the effects of measures and decisions on both sexes. The aim is (i) to evaluate the foreseen impact from a gender perspective and (ii) to ensure that the proposed legislation/programme will enhance gender equality. Determining the gender pertinence of any proposal implies taking into account two criteria: Target group: Is the ultimate target group people (i.e., women and men), both as individuals and as legal entities? Impact on the target group: Does the proposal directly or indirectly affect women and men, regarding their access to and/or control of resources, their social position, and/or the gender-based social rules and norms? Consequently, all proposals/legal acts for which the answer to the two abovementioned criteria is “Yes” need to undergo a gender impact assessment. Furthermore, any proposal considered not relevant from a gender equality point of view (i.e., answering the two abovementioned criteria with “No”) need to be accompanied by a supporting justification, explaining the reasons why gender is not relevant. 11

How to carry out a gender impact assessment? The sequence for a gender impact assessment process is organized around the following five steps: 12

The first step is to define the purpose of the planned law (or policy/programme) and show how it inter-relates with gender equality. The following questions should be asked: What social issue is being addressed by this legislative (or policy) intervention? Why is this specific intervention being considered for the particular situation at this current moment? Is the intervention intended to contribute to gender equality? How is the intervention intended to contribute to gender equality? What are the current relevant gender equality objectives in this sector/area/field? Once the law (or policy/programme) has been contextualised, it is necessary to determine its gender relevance. This involves analysing whether or not it is likely to impact on gender equality. To do this, the following elements must be taken into account: The proposed initiative will be applicable and therefore its gender impact has to be assessed whenever the following two conditions are met: (i) Target group: The ultimate target group is people, considering both individuals and legal entities. (ii) Impact on the target group: The proposed initiative affects women and men regarding their access to and/or control of resources. Consequently, it has an impact on the social situation and/or position of women and men by either improving or harming it. The impact of any law (or policy/programme) on the target group can be direct or indirect: (i) Direct impact: When any measure regulates or affects people’s access to resources (grants, jobs, composition of committees, etc.). As a result, it has a direct and immediate effect on the status and position of women and men. 13

Example: The launch of an initiative that aims to promote the employment of certain groups of people (the “young”- young women and men, “people” over a certain age – older women and men, etc.). (ii) Indirect impact: When a regulatory or planning measure affects the means of provision of certain resources or services (e.g., the procedure to qualify companies; a regulation of environmental quality management of certain activities and facilities; incentives for certain projects, etc.), behind which there are people as ultimate beneficiaries (women and men managers, workers, users, etc.). Even though the policy is not directly targeted at them, ultimate beneficiaries can be affected by it, and women and men can be affected very differently. Example: A rule (or policy/programme) that seeks technological development within companies. Although the target group is enterprises, these companies are formed by women and men, both as owners and as workers, with different tasks and positions, and usually in unequal situations due to horizontal and vertical gender segregation. Therefore, the initiative concerned can result in either enhancing, maintaining or reducing the existing inequalities between women and men. All regulations, policies and programmes ultimately affect the living conditions and access to resources for women and men. This effect is known as ‘gender impact’. An assessment of the gender impact of any initiative involves a process of analysis to determine the tangible results that the intervention will likely have on the equality of women and men in real life. First, this analysis needs to provide a sound picture of the present situation for the groups concerned, and then understand how this situation would further evolve without public intervention. Second, the analysis should estimate, as much as possible, how the planned intervention is expected to change the existing situation. To guide such an analysis, the following recommendations can be taken into account: 3.1. Analyse the situation of women and men in the field Collect information and data about the existing situation for women and men in the areas concerned by the planned policy or legislative measure. Look for sex-disaggregated statistics. 14

Complement quantitative information with qualitative insights, for example from studies or consultations, and combine various sources (statistical office, academic work, policy reports, country gender profiles, etc.) to gain a deeper understanding. 3.2. Identify existing gender inequalities Take into consideration the views of those concerned (primarily the groups that are directly targeted). The following key questions can be used: What are the target group’s expectations and needs? Are these different for women and men? Is the planned intervention addressing the needs of both women and men, taking into account their different needs, roles, and positions? How can the contribution to the rights and needs of women and men be strengthened? Consider inequalities between women and men in terms of access to resources (work, money, power, influence, health, well-being, security, knowledge/education, mobility, time, etc.) and in their exercise of fundamental rights (civil, social and political rights) on the basis of their sex or because of the roles attributed to being a woman or a man (i.e., gender roles). The following questions can help in the analysis: Will the unequal distribution of income between women and men change? If yes, what will the changes be? Will the unequal use of time between women and men change? If yes, what will the changes be? Will women’s agency and decision-making power be strengthened? If yes, through which measures can and will this happen? Will women’s perception of security be improved? If yes, what will the changes be? Will women’s employment rate be increased? If yes, what will the changes be? Will gender segregation of the labour market be reduced? If yes, what will the changes be? Will women’s gender-based psychosocial health risk be reduced? If yes, how? Consider the norms and values that regulate the process of access to and control of resources. This is about the opportunities women and men do or do not have to participate on equal terms in all aspects of society. To do this, it is essential to take into account the following structures which sustain inequality between women and men: 15

a) The division of labour by gender The structures which organise the division of labour regulate the distribution of work according to prevailing norms and values in the area of labour. This is about the unequal distribution between women and men of paid and unpaid work, including unpaid care work, and about the horizontal and vertical gender segregation of the labour market. Differences apply to different groups of women and men, according to age, ethnicity, education level, social class, and other diversity criteria. b) Organisation of private life The structure of the organisation of private life is also regulated by a set of norms and values in the area of living arrangements, sexuality and reproduction, relationships between women and men, and between adults and children. Women and men have different positions in this area. Maternity and paternity include different roles and are valued differently. These differences have consequences for the position of women and men in social life. Gender inequalities may be either reinforced or challenged by specific cultural, ethnic, religious, age-related and other diversity criteria. c) Organisation of citizenship This refers to the norms and values which regulate the process of control and decision-making. It is about the opportunities to participate on equal terms in all aspects of society. The media are an important part of this structure as well as the decision-making structures of political bodies, boards and commissions. Strategic questions should be asked in relation to structures, and it is important that reasoned arguments are provided: Will the organisation of the gendered division of labour change as a consequence of the proposed measure (law, policy)? If yes, what kind of changes? Will the distribution of paid and unpaid work change as a consequence of the proposed measure (law, policy)? If yes, what will the changes be? Will the representation of women in decision-making bodies change as a consequence of the proposed measures (law, policy)? If yes, what will the changes be? Will violence against women change as a consequence of the proposed measure (law, policy)? If yes, what will the changes be? In this phase it is important to (i) establish how the legislative measure or policy will contribute to gender equality, and (ii) to assess the foreseen impact on gender relations. 16

Once the effects of the proposed law or policy have been identified, they should be‘measured’, taking into consideration the expected trends as previously identified. To do this, it may be useful to take into account the following criteria so as to weigh the positive, neutral, or negative gender impact of any initiative: 4.1. Representation of women and men The impact will be considered positive when a significant increase in the representation of the under-represented sex in the area is envisaged. In this sense, the expected result should be a balanced representation of women and men (no less than 40 % for each sex) or, temporarily, at least in proportion to their overall presence in the area. Fostering gender equality implies promoting the participation and representation of women in the public sphere (politics, economy, employment, culture, etc.), and concomitantly increasing men’s active contribution to domestic duties and care work. Finally, it is necessary to highlight one exception to these general rules: When talking about specific measures, interventions, organisations, spaces, or facilities that are dedicated to fostering women’s social status, equal rights, empowerment, and economic inclusion, it is paramount to understand that actions that primarily or exclusively target and benefit women are a relevant and accepted strategy to promote gender equality (affirmative action). 4.2. Access to and control over resources The aim is to analyse women’s and men’s access to essential resources such as education, employment, careers, health, time, money, power, information, new technologies, etc. The impact is considered positive, when the elimination of existing gender inequalities and gender gaps, or at least their significant reduction, is foreseen. This reduction should always aim at increasing women’s physical and emotional safety, and their political and economic empowerment. In the case of men, the focus should be on increasing the sharing of responsibilities and men’s involvement in housework and care work. Furthermore, in order to address issues of equal control over productive resources in any field, the availability of a sector-, topic- or policy-specific analysis on the representation of women and men is essential, as outlined above. 17

4.3. Gender-based social norms and values The aim is to evaluate how the law (policy or project) will impact on gender-based social norms and gender roles, and how it will contribute to promoting the equal social value of women and men, femininity and masculinity. The impact is considered positive when: Mechanisms, structures and practices that reproduce or reinforce inequality between women and men are modified, changed, or abolished/abandoned. This means acting on the gendered division of labour, on the organisation of private life, or on the organization of citizenship. In the first instance, progress in eliminating gender stereotypes is made. Finally, it should be noted that the possibility of weighing up the effects of the proposal depends mainly on the quality of the information gathered during earlier stages of the gender impact assessment. The sounder information is obtained and considered, the more accurate the estimation of expected effects will be. 18

Conclusions must be formulated in terms of the impacts on women and men/girls and boys within the target group(s). Furthermore, proposals should be put forward that will promote gender equality in response to the existing situation. To do this, one should identify how exactly gender equality can be strengthened in the different parts of the draft initiative, nourished by the insights/conclusions obtained in the gender assessment: 1. Gender equality should be mentioned in the preamble to the law or in the definition of the context of the policy or programme, as well as in the legal framework referring to it. 2. Gender equality should also be clearly mentioned in the objective so as to set a starting point and encourage the commitment of all stakeholders involved in the development of the initiative. 3. Measures/actions to reduce imbalances and inequalities, and to promote gender equality should be included among the different aspects of the law (policy or programme). These measures may include: promoting women’s engagement in sectors where they are under-represented; promoting women’s access to decision-making; promoting the co-responsibility of public administration and companies for the provision of care work; promoting the use of gender statistics, analyses and studies; preventing gender-based violence and harassment, including sexual harassment at the workplace; promoting concrete actions to prevent, respond to, and eradicate gender-based violence; eliminating gender stereotypes and restrictive gender roles. 4. Language needs to be revised to ensure that gender-sensitive terminology is used and adequate and fair visualisation of both women and men is guaranteed throughout any document.13 13 In line with EU Guidance on language, it is recommended to avoid using generics such as “people”, “children”, “adults”, “the poor”, “the vulnerable”, “youth”, etc., since they obscure the gender dimension, i.e., the inequalities between the sexes. It is recommended “that law and policymakers always aim to use gender-sensitive language rather than gender-neutral language. Giving visibility to gender is an important way for public laws, policies and programmes to reach out more effectively to all members of society. It may be that the gender perspective is not immediately obvious, but there is almost always an important gender dimension to all public policies”. See: https://eige.europa.eu/publications/gender-sensitive-communication 19

5. An important component in this last step is the identification of gender-related indicators to allow for monitoring and evaluation of the actual outcomes. To do this, the following aspects should be taken into account: It is important to ensure that in line with national legislation, sex-disaggregated data is used in all cases where individuals are concerned, further broken down by additional categories such as age, physical ability, geographical residence, socio-economic background, etc. as relevant.14 Assess availability of gender-sensitive indicators (e.g., INSTAT’s “Women and Men” published annually), and their adequacy and relevance in tracking progress on gender equality. Alternatively, it may be necessary to identify new indicators based on pertinent sex-disaggregated data, ensuring compliance with EU and international requirements (UN ECOSOC, SDGs, ILO, Eurostat, etc.). In cases where lack of information curtails an accurate analysis and thus produces inconclusive findings, it is important that this gender data gap is explicitly mentioned in the GIA report. Making data and information gaps known allows action to be taken by those responsible to close these information gaps.15 To conclude, any GIA report should contain a table of contents, such as the example given below, which can either be expanded or made more concise. GIA Report 1. Definition of the policy purpose 2. Gender relevance of the proposal 3. In-depth gender analysis of the proposal 4. Conclusions from a gender perspective 5. Proposals to improve the project in terms of gender equality 14 Pursuant to Council of Europe’s Recommendations of the Committee of Ministers to Member Stats on Gender Equality Stan- dards and Mechanisms Recommendation CM/Rec(2007)17, adopted 21 November 2007; and UN Beijing Platform for Action, Article 4, para (a) Ensure that statistics related to individuals are collected, compiled, analysed, and presented by sex and age and reflect the problems, issues and questions related to women and men in society; para (b) Collect, compile, analyse, and present on a regular basis data disaggregated by age, sex, socio-economic and other relevant indicators including number of dependents for utilization in policy and programme planning and implementation. 15 As part of gender mainstreaming in sector-governance, undertaking sector-specific gender analysis is explicitly foreseen under EU GAP III. 20

The results of the gender screening of current policies under Chapters 1, 3, 20, and 28 indicate significant gaps in addressing gender inequality issues and the application of gender mainstreaming. Underlying reasons include lack of sex-disaggregated data and gender statistics, the stereotypical conceptualization of a male standard citizen, limited gender mainstreaming capacity and skills, weak reflection of gender equality norms and standards in processes, procedures, and systems, and absence of obligatory, routinely applied and policy-area-specific gender analysis. An additional obstacle is posed by the fact that individuals involved in the drafting of policies usually find it difficult to imagine what gender equality goals would actually look like in their area of engagement. Towards this end, the EU GAP III indicators serve as guidance. Under four Thematic Pillars, these indicators illustrate what kind of change in the lives of women/girls and men/boys needs to be measured and achieved. With this clear vision of what to aspire to in concrete terms, conceptualising and developing gender-responsive measures and actions becomes much easier. The below tables present the result of reviewing the EU GAP III indicators with the specific purpose of identifying relevance for Chapters 1, 3, 20, 28. The term“Acquis”indicates the specific EU legal/policy act which showcases explicit relevance for gender equality considerations within a Chapter. Under “Relevance”, the respective national legal/ policy act is provided, which either accomodates or shall accodomate the acquis, including the respectively related gender equality considerations. The gender-responsive objective which is to be achieved and/or contributed to by means of harmonising/implementing the relevant acquis within a given Chapter, is listed under “EU GAP III Specific Thematic Objective”. Finally, the “Related EU GAP III Indicators” indicate targets (values) to be achieved or contributed to by means of implementing the acquis within a given Chapter. The indicators serve as a reference or threshhold for measuring the effectiveness of enacted EU compliant legislation and the concrete measures implemented towards achieving gender equality in a Chapter. In practice, the GAP III Indicators serve as guidance for their reflection in upcoming Albanian strategies, policies, action plans, and programming documents, thereby enhancing and contributing to alignment with the EU Gender Equality acquis. 21

Chapter 1 – Free movement of goods Acquis Council Directive 89/105/EEC of 21 December 1988 relating to the transparency of measures regulating the prices of medicinal products for human use and their inclusion in the scope of Relevance national health insurance systems EU GAP III Not transposed yet Specific Thematic Improved regulatory framework for ensuring equal access to universal and public quality preventive, Objective curative and rehabilitative physical and mental health care services for women, men, girls, and boys in Related EU GAP III all their diversity, including in fragile and humanitarian crisis affected contexts Indicators Extent to which specific measures are in place to recognise and timely address girls and women’s health and protection needs in humanitarian, vulnerable, fragile, crisis and conflict affected contexts, and of global crises like the pandemic caused by the COVID-19 virus Extent to which the gender equality policy for the healthcare sector is informed by a sector-specific, and context-specific, gender analysis Chapter 3 – Right of establishment and freedom to provide services Acquis REGULATION (EU) 2018/1724 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to Relevance assistance and problem-solving services and amending Regulation (EU) No 1024/2012 EU GAP III Intersectoral Strategy of the Information Society Specific Thematic No related Objective could be identified Objective Related EU GAP III No related Indicators could be identified Indicators 22

Chapter 20 – Enterprise and Industrial Policy Acquis Communication from the Commission to the European Parliament, the Council, the European Relevance Economic and Social Committee and the Committee of the Regions: An Integrated Industrial Policy for the Globalization Era Putting Competitiveness and Sustainability at Centre Stage Business and Investment Development Strategy Albanian Smart Specialization Strategy EU GAP III Specific Economic Reform Programme Thematic Objec- Women, men, girls, and boys, in all their diversity, can equally participate in shaping the digital tive world of tomorrow Related EU GAP III Indicators Increased access for women in all their diversity to decent work in non-traditional, in particular science, technology, engineering, mathematics (STEM), and female-dominated sectors, including women’s transition to the formal economy and coverage by non-discriminatory and inclusive social protection systems Number of measures in place in partner countries to protect the rights of women workers, including domestic workers, and their access to decent work and social security (e.g., ratification and implementation of CEDAW, ILO fundamental conventions and C190 on Violence and Harassment in the World of Work and C189 on Domestic Workers) Number of government programmes implemented to improve women’s ability to benefit from employment and entrepreneurship opportunities, including social entrepreneurship, offered by the digital transformation Number of relevant actors (private sector companies, ministries, etc.) influenced to adopt processes to improve women’s economic empowerment / to remove barriers to market access for women in a given sector (FPI RF) Number of practices aimed at removing barriers preventing women from market access, investment and business development (FPI RF) Number of beneficiaries, disaggregated at least by sex, with access to financial services: a) firms, b) individuals (EU RF 2.13) Number of gender-responsive policies approved by partner government in the green economy sector Number of gender-responsive policies approved by partner government in the circular economy sector Number of women beneficiaries of business development services who registered their own business, including social enterprises 23

o in general o in the green economy sector o in the circular economy sector % of women nominated to senior level positions in private sector (e.g., investment boards / fund management teams, corporate boards, CEOs, business associations, chambers of commerce, cooperative boards, professional bodies, etc.) Number of women and men headed enterprises receiving credit, micro-credit/financial services, disaggregated at least by sex % of women in managerial positions in enterprises in the green economy and the circular economy % of women entrepreneurs in the green economy or circular economy % of publicly tendered government contracts related to environment, climate change and sustainable energy won by women-led companies Number of women benefiting from incentives used to encourage women’s entry into the green economy and the circular economy Number of digital start-up enterprises led by women who benefit from financial support and/or training Number of women accessing services or programmes offered by digital hubs/tech parks, etc. Number of women nominated to top management positions in digital technology % of girls having access to and using distance digital learning tools during crises such as the one caused by COVID-19 Number of women, men, girls, and boys participating in digital hackathons or other digital start-up events, disaggregated at least by sex 24

Chapter 28 – Consumer and Health Protection Acquis Council conclusions on‘The European Pact for Mental Health and Well-being: results and future action’ (Conclusions 11/3095/EC) Relevance COM/2010/0133 final: Commission Communication on the economic and social integration of the Roma in Europe, April 2010 Action Plan for development of mental health services in Albania 2013-2022 Action Plan on Health Promotion 2017-2021 Albanian National Health Strategy 2016-2020 DCM no.371, dated 18.05.2016 on Policy Document of Security and Health in Workplace (MFE) EU GAP III DCM no.1072, dated 23.12.2015 on National Action Plan for Integration of Roma and Egyptians Specific Thematic Women and girls in all their diversity access universal health and fully enjoy their health and Objective sexual and reproductive rights Related EU GAP III Indicators Improved regulatory framework for ensuring equal access to universal and public quality preventive, curative and rehabilitative physical and mental health care services for women, men, girls, and boys in all their diversity, including in fragile and humanitarian crisis affected contexts Extent to which government gender equality policy for the healthcare sector is implemented Extent to which the gender equality policy for the healthcare sector is informed by a sector-specific, and context-specific, gender analysis Extent to which government gender equality policy for the healthcare sector is monitored and evaluated Number of women, men, girls and boys benefiting from national mental and psycho-social services in all contexts, including in humanitarian, vulnerable, fragile, crisis and conflict affected settings 25

Project: Support to accession negotiations in economic chapters of the acquis (SANECA) Address: Str. Ismail Qemali, No.3, Floor 2, Tirana, Albania T.: +355 4 2273424 / 2234365