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To · opinion parliamentary committee draft · 2023-07-20 LIBE-PA-751894 on the proposal for a directive of the European Parliament and of the Council 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

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~~PR_COD_1amCom~~

PA_Legam

~~Symbols for procedures~~

AMENDMENTS

* Consultation procedure

The Committee on Civil Liberties, Justice and Home Affairs calls on the Committee on Employment and Social Affairs and the Committee on Women's Rights and Gender Equality, as the committees responsible, to take the following into account:

*** Consent procedure

***I Ordinary legislative procedure (first reading)

***II Ordinary legislative procedure (second reading)

***III Ordinary legislative procedure (third reading)

~~(The type of procedure depends on the legal basis proposed by the draft act.)~~

~~Amendments to a draft act~~

~~Amendments by Parliament set out in two columns~~

~~Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.~~

The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.

~~Amendments by Parliament in the form of a consolidated text~~

New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced.

~~By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.~~

~~DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION~~

on the 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)0688 – C90409/2022 – 2022/0400(COD))~~

~~(Ordinary legislative procedure: first reading)~~

~~– having regard to the Commission proposal to Parliament and the Council (COM(2022)0688),~~

~~– having regard to Article 294(2) and Article 157(3) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90409/2022),~~

~~– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,~~

– having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Italian Senate and the Czech Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity,

~~– having regard to Rule 59 of its Rules of Procedure,~~

~~– having regard to the opinion of the Committee on Civil Liberties, Justice and Home Affairs,~~

~~– having regard to the report of the Committee on Employment and Social Affairs and the Committee on Women's Rights and Gender Equality (A90000/2023),~~

~~1. Adopts its position at first reading hereinafter set out;~~

~~2. Instructs its President to forward its position to the Council, the Commission and the national parliaments.~~

Amendment 1

Proposal for a directive

~~Recital 2 a (new)~~

Recital 1

Text proposed by the Commission

Amendment

(2a) The Court of Justice of the European Union (the ‘Court of Justice’) has held that the scope of the principle of equal treatment of men and women cannot be confined to discrimination based on the fact that a person is of one or other sex. In view of its purpose and the nature of the rights which it seeks to safeguard, that principle also applies to discrimination arising from gender reassignment of a person.

(1) The Treaties and the Charter of Fundamental Rights of the European Union recognise the right to equality and the right to non-discrimination as essential values of the Union57 . The Union has already adopted several Directives on the prohibition of discrimination, but it still has to adopt a horizontal Directive outside the field of employment and occupation covering all protected grounds.

__________________

57 Articles 2 and 3 of the Treaty on European Union (‘TEU’), Articles 8 and 10 of the Treaty on the Functioning of the European Union (‘TFEU’), and Articles 21, 23 and 26 of the Charter.

Or. en

Proposal for a directive

Recital 21 ba (new)

Text proposed by the Commission

Amendment

(2b) In some Member States, it is currently possible for persons to legally register as having a third, often a neutral, gender. This Directive does not affect relevant national rules giving effect to such recognition.

(1 a) The Court of Justice has held that the scope of the principle of equal treatment for men and women cannot be confined to the prohibition of discrimination based on the fact that a person is of one or other sex. In view of its purpose and the nature of the rights which it seeks to safeguard, it also applies to discrimination arising from the gender identity, gender expression, or sex characteristics of a person.

Or. en

Proposal for a directive

~~Recital 2 c (new)~~

Recital 6

Text proposed by the Commission

Amendment

(2c) Article 21 of the Charter of Fundamental Rights of the European Union (the ‘Charter’) prohibits any discrimination, inter alia, on the grounds of sex. Article 23 of the Charter provides that equality between women and men must be ensured in all areas.

(6) Directives 2006/54/EC and 2010/41/EU require Member States to designate one or more bodies for the promotion of equal treatment, including the analysis, monitoring and support of equal treatment of all persons without discrimination on the grounds covered by the respective Directives (hereinafter ‘equality bodies’). They require Member States to ensure that the competences of these bodies include providing independent assistance to victims, conducting independent surveys concerning discrimination, publishing independent reports and making recommendations on any issue relating to such discrimination. They also require Member States to ensure that the tasks of these bodies include the exchange of information with corresponding European bodies, such as the European Institute for Gender Equality and the European Agency for Fundamental Rights.

Or. en

Proposal for a directive

Recital 39

Text proposed by the Commission

Amendment

(3) The purpose of this Directive is to lay down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their independence in order to strengthen the application of the principle of equal treatment as derived from Directives 2006/54/EC58 and 2010/41/EU59 .

(3) The purpose of this Directive is to lay down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their competences, independence and autonomy in order to strengthen the application of the principle of equal treatment as derived from Directives 2006/54/EC58 and 2010/41/EU59 .

(9) Directives 2006/54/EC and 2010/41/EU leave a wide margin of discretion to Member States as regards the structure and functioning of equality bodies. This results in significant differences between the equality bodies established in the Member States, in terms of the bodies' mandates, competences, structures, resources and operational functioning. This, in turn, means that protection against discrimination differs from one Member State to another, resulting in unequal protection of victims of discrimination across the EU and an inadequate implementation of the EU’s equal treatment legislation. In view to ensure a holistic, effective and comprehensive protection against discrimination, Member states should promote and fund equality bodies to cover all the grounds of discrimination in accordance with the open-ended clause of Article 21 of the Charter.

~~__________________~~

58 Directive 2006/54/EC of the European Parliament and of the Council 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 (OJ L 204, 26.7.2006, p. 23).

59 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, p. 1).

Or. en

Proposal for a directive

Recital 612

~~Text proposed by the Commission~~

~~Amendment~~

(6) Directives 2006/54/EC and 2010/41/EU require Member States to designate one or more bodies for the promotion of equal treatment, including the analysis, monitoring and support of equal treatment of all persons without discrimination on the grounds covered by the respective Directives (hereinafter ‘equality bodies’). They require Member States to ensure that the competences of these bodies include providing independent assistance to victims free of charge, conducting independent surveys concerning discrimination, publishing independent reports and making recommendations on any issue relating to such discrimination. They also require Member States to ensure that the tasks of these bodies include the exchange of information with corresponding European bodies, such as the European Institute for Gender Equality. The equality bodies designated under Directives 2006/54/EC and 2010/41/EU should be replaced by equality bodies designated under this Directive and should exercise the competences laid down in this Directive. This Directive is without prejudice to the competences of labour inspectorates, other enforcement bodies or the social partners.

~~Or. en~~

~~Amendment 6~~

~~Proposal for a directive~~

~~Recital 10~~

Text proposed by the Commission

Amendment

(10) To ensure that equality bodies can effectively contribute to the enforcement of Directives 2006/54/EC and 2010/41/EU by promoting equal treatment, preventing discrimination and offering assistance to all individuals and groups that are discriminated against to access justice across the Union, it is necessary to adopt binding minimum standards for the functioning of those bodies. The new standards should draw on the lessons learnt through the application of Commission Recommendation 2018/95163 building on some of its provisions and laying down new rules where necessary. They should also draw from other relevant instruments, such as the General Policy Recommendation N°264 on equality bodies adopted by the European Commission against Racism and Intolerance (ECRI) and the Paris Principles65 adopted by the United Nations and applicable to national human rights institutions.

(10) To ensure that equality bodies can effectively contribute to the enforcement of Directives 2006/54/EC and 2010/41/EU by promoting equal treatment, preventing discrimination and offering assistance to all individuals, families in all their diversity, and groups that are discriminated against to access justice across the Union, it is necessary to adopt binding minimum standards for the functioning of those bodies. The new standards should draw on the lessons learnt through the application of Commission Recommendation 2018/95163 building on some of its provisions and laying down new rules where necessary. They should also draw from other relevant instruments, such as the General Policy Recommendation N°264 on equality bodies adopted by the European Commission against Racism and Intolerance (ECRI) and the Paris Principles65 adopted by the United Nations and applicable to national human rights institutions.

(12) This Directive should apply to equality bodies’ action as regards the matters covered by Directives 2006/54/EC and 2010/41/EU. The standards should only concern the functioning of equality bodies and should not extend the material or personal scope of those Directives. In a number of Member States, as a good practice and following the broad interpretation by the CJEU of the ground of ‘sex’, equality bodies also have competence for promoting equality and tackling discrimination on the grounds of gender identity and expression and sex characteristics1a . However, that is not the case in all Member States, which leads to differing levels of protection against discrimination as regards the matters covered by those Directives across the Union.

~~__________________~~

__________________

~~63 Commission Recommendation (EU) 2018/951 of 22 June 2018 on standards for equality bodies (OJ L 167, 4.7.2018, p. 28).~~

1a https://www.rainbow-europe.org/#1/0/0

~~63 Commission Recommendation (EU) 2018/951 of 22 June 2018 on standards for equality bodies (OJ L 167, 4.7.2018, p. 28).~~

~~64 ECRI General Policy Recommendation N°2 revised on Equality Bodies to combat racism and intolerance at national level - adopted on 13 June 1997 and revised on 7 December 2017.~~

~~65 Principles relating to the Status of National Institutions adopted by General Assembly resolution 48/134 of 20 December 1993.~~

Or. en

Amendment 76

Proposal for a directive

(14) The proposed Directive to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms69 should be considered lex specialis to the enforcement provisions of Directive 2006/54/EC that will be replaced by this Directive. Any higher minimum standards established by the future Directive on Pay Transparency for equality bodies in matters relating to equal pay for the same work or work of equal value, including in pay transparency, as compared to those set out in this Directive, should prevail over those set out in this Directive.

(14) The ~~proposed~~ Directive to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms69 should be considered lex specialis to the enforcement provisions of Directive 2006/54/EC that will be replaced by this Directive. Any higher minimum standards established by the ~~future~~ Directive on Pay Transparency for equality bodies in matters relating to equal pay for the same work or work of equal value, including in pay transparency, as compared to those set out in this Directive, should prevail over those set out in this Directive. Member States are expected to implement the Directive on Pay Transparency without any delay, including by establishing good practices and codes of conduct in matters relating to equal pay for the same work or work of equal value based on that Directive.

__________________

Or. en

Amendment 87

Proposal for a directive

(15) In promoting equal treatment, preventing discrimination and assisting victims of discrimination, equality bodies should pay particular attention to discrimination based on several of the grounds protected by Directives 79/7/EEC, 2000/43/EC, 2000/78/EC, 2004/113/EC, 2006/54/EC and 2010/41/EU.

(15) In promoting equal treatment, preventing discrimination and assisting victims of discrimination, equality bodies should pay particular attention to ~~multiple and~~ intersectional discrimination based on the combination of several of the grounds protected by Directives 79/7/EEC, 2000/43/EC, 2000/78/EC, 2004/113/EC, 2006/54/EC and ~~2010/41/EU or based~~2010/41/EU, onas ~~the~~well ~~intersection~~as ~~between~~in ~~those~~the ~~grounds,~~Charter, acknowledging that discrimination often affects persons on more than one ~~ground~~ground, and ~~creates~~this acreates specific disadvantage. ~~In implementing this~~Incorporating ~~Directive,~~an ~~Member~~intersectional ~~States~~approach ~~should~~is ~~take~~key ~~into~~to ~~account~~understanding ~~provisions~~social ~~relating~~inequalities, toexclusion ~~intersectional~~and discrimination ~~contained~~from ina ~~the~~comprehensive, ~~Directive~~systemic onor ~~Pay~~structural ~~Transparency~~perspective, towhile ~~strengthen~~overcoming ~~the~~a ~~application~~single-axis ofapproach ~~the~~to ~~principle~~discrimination, ofwhich ~~equal~~downplays ~~pay~~its ~~for~~institutional ~~equal~~and ~~work~~historical ordimensions. ~~work~~Equality ofbodies ~~equal~~should ~~value~~ensure ~~between~~a ~~men~~clear and ~~women~~appropriate ~~through~~focus ~~pay~~on ~~transparency~~each of the grounds covered and ~~enforcement~~on ~~mechanisms.~~the intersections between them.

Or. en

Amendment 98

Proposal for a directive

(16) Equality bodies can only effectively play their role if they are able to act with complete independence without being subject to any external influence. For that purpose, Member States should take into account a number of criteria that contribute to the independence of equality bodies. Equality bodies should not be set up as part of a ministry or body taking instructions directly from the government. Any staff member or person holding a managerial position – for example as member of a board managing the equality body, head of the equality body, deputy or in case of interim – should be independent, qualified for their position, and selected through a transparent process. Equality bodies should be able to manage their own budget and resources, including by selecting and managing their own staff, and be able to set their own priorities.

(16) Equality bodies can only effectively play their role if they are able to act with complete independence without being subject to any external ~~influence, such as religious, political or financial~~ influence. For that purpose, Member States should take into account a number of criteria ~~that contribute~~ to ensure the independence of equality bodies. Equality bodies should not be set up as part of a ministry or body taking instructions directly from the government. Any staff member or person holding a managerial position – for example as member of a board managing the equality body, head of the equality body, deputy or in case of interim – should be ~~independent,~~be ~~qualified~~selected ~~for~~by ~~their~~open, ~~position,~~competency-based and ~~selected through a~~ transparent ~~process.~~procedures. Equality bodies should be able to decide their internal structure and how to manage their own budget and resources, including by selecting and managing their own staff, and be able to set their own ~~priorities and implement them accordingly.~~priorities.

Or. en

Amendment 9

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

(17) To ensure that equality bodies can exercise all their competences and fulfil all their tasks, Member States should ensure that the internal structure of equality bodies allows the independent exercise of their various competences. Particular attention should be paid to situations where bodies are required both to be impartial and to offer support to victims. This is particularly relevant where the equality body holds binding decision-making powers requiring impartiality or is part of a multi-mandate body where another mandate requires impartiality. An internal structure ensuring a strict separation between the relevant competences and tasks should guarantee that the equality body can effectively exercise them.

(17) To ensure that equality bodies can exercise all their competences and fulfil all their tasks, they should determine their internal structure in a way that allows the independent exercise of their various competences, including decision-making competences, encompassing the full enjoyment of promotion, prevention, support and litigation competences in their broadest scope. Particular attention should be paid to situations where bodies are required both to be impartial and to offer support to victims. This is particularly relevant where the equality body holds binding decision-making powers requiring impartiality or is part of a multi-mandate body where another mandate requires impartiality. An internal structure ensuring a strict separation between the relevant competences and tasks should guarantee that the equality body can effectively exercise them.

Or. en

Amendment 10

(18) The lack of appropriate resources is a key issue hampering the ability of equality bodies to adequately fulfil their tasks. Therefore, Member States should ensure that equality bodies receive sufficient funding, can hire qualified staff and have appropriate premises and infrastructure to carry out each of their tasks effectively, within reasonable time and within the deadlines established by national law. Their budgetary allocation should be stable, except in case of increase in competences, planned on a multi-annual basis, and allow them to cover costs that may be difficult to anticipate such as costs linked to litigation. To ensure that equality bodies are provided with sufficient resources, their budget should for instance not suffer cuts that are significantly higher than the average cuts to other public entities; similarly, their annual growth should at least be pegged to the average growth in funding to other entities. Resources should increase proportionally if equality bodies’ tasks and mandate are expanded.

(18) The lack of appropriate ~~and stable human, technical and financial~~ resources is a key issue hampering the ability of equality bodies to adequately fulfil their tasks. Therefore, Member States should ensure that equality bodies receive sufficient funding, can hire ~~the necessary amount of~~ qualified staff and have appropriate premises and infrastructure to carry out each of their tasks effectively, within reasonable time and within the deadlines established by national law. Their budgetary allocation should be ~~stable and planned on a multi-annual basis.~~stable, ~~Where~~except ~~the~~in ~~competences~~case of ~~equality bodies are increased,~~increase ~~Member~~in ~~States~~competences, ~~should~~planned ~~ensure~~on ~~that~~a ~~their~~multi-annual ~~resources~~basis, and ~~budget are adjusted accordingly. Member States should ensure that equality bodies’ budgets~~ allow them to cover costs that may be difficult to anticipate such as costs linked to litigation. To ensure that equality bodies are provided with sufficient ~~and stable~~ resources, their ~~budgets~~budget should not suffer cuts ~~as a result of increasing competences~~ and ~~tasks being assigned to them; similarly,~~ their annual growth should at least be pegged to the average growth in funding to other ~~entities and should take into account national inflation rates.~~entities. Resources should increase proportionally if equality bodies’ tasks and mandate are ~~expanded and they should be sufficient to enable equality bodies to collect data and conduct research.~~expanded.

Or. en

(19) Automated systems, including artificial intelligence, represent a useful tool to identify discrimination patterns, but algorithmic discrimination is also a risk. Equality bodies should therefore have access to qualified staff or services, able to use automated systems for their work on the one hand and to assess them as regards their compliance with non-discrimination rules on the other hand. Particular attention should be devoted to equipping equality bodies with appropriate digital resources, be it directly or by way of subcontracting.

(19) Automated systems, including artificial intelligence, ~~represent a useful~~can ~~tool~~lead to ~~identify~~algorithmic discrimination ~~patterns,~~which ~~but~~risks ~~algorithmic~~perpetuating ~~discrimination~~and isexacerbating ~~also~~existing ainequalities, ~~risk.~~discrimination, exclusion and poverty. Equality bodies should therefore ~~have~~be ~~access~~equipped towith qualified staff or services, able to ~~use~~understand how automated systems ~~for their~~ work onand ~~the~~can ~~one~~lead ~~hand~~to ~~and~~algorithmic todiscrimination, assess them as regards their compliance with non-discrimination rules and provide solutions aiming to address algorithmic discrimination, prevent its potential consequences on ~~the~~individuals ~~other~~and ~~hand.~~provide support to victims of this form of discrimination. Particular attention should be devoted to equipping equality bodies with appropriate digital ~~resources and training,~~resources, be it directly or by way of subcontracting. ~~Automated~~Equality ~~systems~~bodies should also ensure that automated systems comply with ~~the~~ accessibility requirements for persons with disabilities ~~set~~in ~~out~~accordance inwith Annex I toof Directive (EU) ~~2019/882 of the European Parliament and of the Council1a.~~2019/882.

~~_____________________~~

~~1a Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).~~

Or. en

(20) Equality bodies, alongside other actors, have a key role to play in the prevention of discrimination and the promotion of equality. To address the structural aspects of discrimination and to contribute to social change, they should promote equality duties, good practices, positive action and equality mainstreaming among public and private entities, and provide them with relevant training, information, advice, guidance and support. They should communicate with public and private entities and groups at risks of discrimination and engage in public debate in order to combat stereotypes and raise awareness about diversity and its benefits, a key pillar of the Union’s equality strategies.

(20) Equality bodies, alongside other actors, ~~and in~~such ~~particular~~as social ~~partners,~~partners and civil society organizations, have a key role to play in the prevention of discrimination and the promotion of equality. To address the structural aspects of discrimination and to contribute to social change, they should promote equality duties, good practices, positive action and equality mainstreaming among public and private entities, and provide them with relevant training, information, advice, guidance and support. They should communicate ~~with, and communicate information to,~~with public and private ~~entities, in particular labour inspectorates, social partners and civil society organisations,~~entities and groups at risks of discrimination and engage in public debate in order to combat stereotypes and raise awareness about diversity and its benefits, a key pillar of the Union’s equality strategies. ~~Member~~Equality ~~States~~bodies should ~~ensure~~also ~~that~~raise ~~equality~~awareness ~~bodies~~about ~~receive~~intersectional ~~sufficient~~discrimination ~~funding~~and ~~for~~the ~~their~~importance ~~tasks~~to ~~relating~~apply toan ~~promotion~~intersectional ~~and~~approach ~~awareness~~when ~~raising.~~designing policies, programmes, funds and activities.

Or. en

(21) Beyond prevention, a central task of equality bodies is to provide assistance to victims of discrimination. This assistance should always include the provision of key information to complainants and a preliminary assessment of their complaint, based on the initial information gathered from the parties on a voluntary basis. Member States should be in charge of defining the modalities under which the equality body would issue this assessment, such as the timeframe of the process or procedural safeguards against repetitive or abusive complaints.

(21) Beyond prevention, a central task of equality bodies is to provide comprehensive support and assistance to victims of discrimination. This support and assistance ~~should~~should, ~~always~~as minimum, include the provision of ~~key~~ information to ~~complainants~~complainants, ~~and~~including alegal ~~preliminary~~advice, ~~assessment~~advice oftargeted ~~their~~to ~~complaint,~~the ~~based~~specific onneeds of the ~~initial~~victims, and information ~~gathered~~concerning ~~from~~procedural ~~the~~aspects, ~~parties~~including onremedies and how to bring a ~~voluntary~~case ~~basis.~~to the court.

Or. en

(22) To ensure that all victims are able to complain, it should be possible to submit complaints in various ways. Member States should also pay due regard to Commission Recommendation 2018/951 under which submission of complaints should be possible in a language of the complainant's choosing which is common in the Member State where the equality body is located. To address one of the causes of underreporting, namely, fear of reprisals, and without prejudice to Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law70 , confidentiality should be offered to witnesses and whistle-blowers, and as far as possible, to complainants.

(22) To ensure that all victims are able to complain, it should be possible to submit complaints in various ~~ways, including by digital means.~~ways. Member States should also pay due regard to Commission Recommendation 2018/951 ~~under~~and ~~which~~make sure that submission of complaints should be possible in a language ~~of the complainant's choosing which is common in the Member State where~~that the ~~equality body~~complainant iscan ~~located.~~understand. To address one of the causes of underreporting, namely, fear of reprisals, and without prejudice to Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law70 , confidentiality should be offered to witnesses ~~and~~ whistle-blowers, and ~~as far as possible,~~ to complainants.

__________________

Proposal for a directive

Recital 2325

Text proposed by the Commission

Amendment

(23) To offer a possibility for a quick, affordable, out of court resolution of disputes, Member States should provide for the possibility for parties to seek an amicable resolution to their disputes, by the equality body or another existing dedicated entity. They should define the modalities of the amicable settlement process according to national law.

(25) Evidence is key in determining whether discrimination has taken place and it is often in the hands of the alleged perpetrator. Equality bodies should therefore be able to access the necessary information to establish discrimination and cooperate with the relevant public services – such as labour inspectorates or education inspectorates. Member States should establish an appropriate framework for the exercise of this competence, in accordance with national rules and procedures.

(23) To offer a possibility for a quick, affordable, out of court resolution of disputes, Member States should provide for the possibility for parties to resolve their disputes by means of alternative dispute resolution through a conciliation and mediation board. Such a process should be lead by the equality body or another existing, independent, dedicated entity which is not related to the government. They should define the modalities of the amicable settlement process according to national law. Engaging in a conciliation and mediation process should be subject to the agreement of the parties and should not prevent a party from exercising the right of access to court where that party does not accept the decision of the conciliation and mediation board. The conciliation and mediation board should consist of experts in human rights law from both parties. Decisions of the conciliation and mediation board should be legally binding provided that both parties to the dispute agree. Member States should ensure a sufficient limitation period to guarantee that the parties to a dispute have access to court where they do not reach an agreement at the end of the conciliation and mediation process.

(25) Evidence is key in determining whether discrimination has taken place and it is often in the hands of the alleged perpetrator. Equality bodies should therefore be able to access the necessary information to determine the existence of discrimination and cooperate with the relevant public services – such as labour inspectorates or education inspectorates. Member States should establish an appropriate framework for the exercise of this competence, in accordance with national rules and procedures.

Or. en

(26) On the basis of the evidence gathered, either voluntarily or through an investigation, equality bodies should provide their assessment to the complainant and the alleged perpetrator. Member States should determine the legal value of this assessment that can be a non-binding opinion or a binding enforceable decision. Both should state the reasons for the assessment and include, where necessary, measures to remedy any breach found and to prevent further occurrences. To ensure the effectiveness of equality bodies’ work, Member States should adopt appropriate measures for the follow-up of opinions and the enforcement of decisions.

(26) On the basis of the evidence gathered, ~~either voluntarily or through an investigation,~~ equality bodies should be ~~able~~empowered to provide their assessment to the complainant and the alleged perpetrator. Member States should determine the legal value of this assessment that can be a non-binding opinion or a binding enforceable decision. It is up to the equality bodies to decide whether they should issue non-binding opinions or binding enforceable decisions. Both opinions and decisions should state the reasons for the assessment and include, where necessary, measures to remedy any breach found and to prevent further occurrences. Binding enforceable decisions can include sanctions. To ensure the effectiveness of equality bodies’ work, Member States should adopt appropriate measures for the follow-up of opinions and the enforcement of decisions.

Or. en

(27) To promote their work and equality law, equality bodies should be able to publish a summary of their opinions and decisions without disclosing personal data.

(27) To promote their work and equality law, equality bodies should be able to publish ~~a summary of~~ their opinions and ~~decisions without disclosing personal data. Equality bodies should be able to disclose personal data where such disclosure is provided for by law, for example~~decisions, asincluding a ~~penalty in discrimination cases, and provided that the~~summary ~~person~~of tothose, ~~whom~~without ~~the~~disclosing personal ~~data relates has been found guilty of discrimination.~~data.

Or. en

(28) Equality bodies should have the right to act in court proceedings in civil or administrative law matters in order to contribute to ensuring the respect of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU. While those court proceedings should be subject to national procedural law, including national rules on admissibility of actions, such rules, and in particular any condition of legitimate interest, cannot be applied in a way so as to undermine the effectiveness of the equality bodies’ right to act. The powers of investigation and decision-making and the right to act in court proceedings given to equality bodies by this Directive will facilitate the practical implementation of the current provisions of Directives 2000/43/EC, 2000/78/EC and 2004/113/EC on the burden of proof and defence of rights. Under the conditions provided for in this Directive, equality bodies will be able to establish facts “from which it may be presumed that there has been direct or indirect discrimination”, thereby fulfilling the conditions provided for in Article 8 of Directive 2000/43/EC, Article 10 of Directive 2000/78/EC and Article 9 of Directive 2004/113/EC. Their support will therefore facilitate access to justice for victims.

(28) Equality bodies should have the right to act ~~and~~before toinstitutions, beadjudicatory ~~present~~bodies and ~~heard~~ in court proceedings in civil or administrative law matters in order to contribute to ensuring the respect of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU. While those court proceedings should be subject to national procedural law, including national rules on admissibility of actions, such rules, and in particular any condition of legitimate interest, cannot be applied in a way so as to undermine the effectiveness of the equality bodies’ right to act. The powers of investigation and decision-making and the right to act before institutions, adjudicatory bodies and in court proceedings given to equality bodies by this Directive will facilitate the practical implementation of the current provisions of Directives 2000/43/EC, 2000/78/EC and 2004/113/EC on the burden of proof and defence of rights. Under the conditions provided for in this Directive, equality bodies will be able to establish facts “from which it may be presumed that there has been direct or indirect discrimination”, thereby fulfilling the conditions provided for in Article 89 of Directive 2000/43/EC, Article 10 of Directive 2000/78/EC and Article 9 of Directive 2004/113/EC. Their support will therefore facilitate access to justice for victims.

Or. en

(30) Some instances of discrimination are difficult to fight because there is no complainant pursuing the case themselves. In its judgment in Case C-54/07 (Feryn)71 , which was brought by an equality body in its own name, the Court of Justice confirmed that discrimination can ~~be established~~occur even in the absence of an identified ~~victim.~~victim, for instance in cases of structural or systemic discrimination. It is therefore important that equality bodies can act ~~and initiate court proceedings~~ in their own name, to defend the public ~~interest where discrimination has been detected, without the presence of an individual, identified victim. It is also important that they can act in cases where collective redress is used.~~interest.

__________________

Proposal for a directive

Recital 3231

Text proposed by the Commission

Amendment

(32) Equality bodies’ rights to act in court must respect the principles of fair trial and equality of arms. Therefore, except where the equality body acts as a party in proceedings on the enforcement or judicial review of an own decision or acts as amicus curiae, the equality body should not be allowed to submit in court proceedings evidence obtained through previous investigations of the same case which the alleged perpetrator or any third party was legally bound to provide.

(31) Equality bodies should also be able to submit oral or written statements to the courts - e.g. amicus curiae – as a lighter way to support cases with their expert opinion.

~~deleted~~

(31) Equality bodies should also be able to submit oral or written statements to the courts, institutions and adjudicatory bodies - e.g. as amicus curiae, third party or expert – as a lighter way to support cases with their expert opinion.

Or. en

Proposal for a directive

Recital 3534

Text proposed by the Commission

Amendment

(35) The effectiveness of equality bodies’ work also depends on giving groups at risk of discrimination full access to their services. In a survey conducted by the European Union Fundamental Rights Agency72 , 71% of members of ethnic or immigrant minority groups reported to be unaware of any organisation offering support or advice to victims of discrimination. A key step to support this access is for Member States to ensure that people know their rights and are aware of the existence of and services offered by equality bodies. This is particularly important for disadvantaged groups and groups whose access to that information can be hindered, for example by their economic status, their disability, their literacy or their lack of access to online tools.

(34) The provisions on the equality bodies’ right to act in court proceedings do not alter the rights of victims and of associations, organisations or other legal entities that enforce the rights of victims which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that Directives 2006/54/EC and 2010/41/EU are complied with, as laid down in those Directives.

(35) The effectiveness of equality bodies’ work also depends on giving groups at risk of discrimination full access to their services. In a survey conducted by the European Union Fundamental Rights Agency72 , 71% of members of ethnic or immigrant minority groups reported to be unaware of any organisation offering support or advice to victims of discrimination. A key step to support this access is for each Member State to provide information in all of its official languages and to provide key information in English in order to ensure that people know their rights and are aware of the existence of and services offered by equality bodies. This is particularly important for disadvantaged groups and groups whose access to that information can be hindered, for example by their economic status, their disability, their literacy or their lack of access to online tools.

(34) The provisions on the equality bodies’ right to act before institutions, adjudicatory bodies and in court proceedings do not alter the rights of victims and of associations, organisations or other legal entities that enforce the rights of victims which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that Directives 2006/54/EC and 2010/41/EU are complied with, as laid down in those Directives.

~~__________________~~

~~72 FRA EU-MIDIS II Survey.~~

Or. en

(36) Access to equality bodies’ services and publications on an equal basis for all should be guaranteed. For that purpose, potential barriers to access to equality bodies’ services should be identified and addressed. Services should be free of charge for complainants. Member States should also make sure that the services of equality bodies are available to all potential victims throughout their territory, for example through the establishment of local and regional offices, including mobile ones, the ~~establishment of accessible and user-friendly digital tools and platforms for contacting equality bodies, the~~ organisation of local campaigns or cooperation with local ~~delegates, local governments, social partners, including trade unions,~~delegates or civil society organisations that are adapted to local needs. Special attention should be paid to the most vulnerable groups. Educational campaigns on human rights and anti-discrimination should be planned and addressed to children and young people at school, starting from an early age. Social partners and civil society organisations should be included in the preparation, conduct and dissemination of information as part of such educational campaigns.organisations.

Or. en

(37) The Union and all Member States are parties to the UN Convention on the Rights of Persons with Disabilities73 (UNCRPD), which includes the obligation to prohibit discrimination on the basis of disability and to guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds. This Directive should be interpreted in a manner consistent with the UNCRPD. To guarantee equal and effective legal protection and access for persons with disabilities to all services and activities of equality bodies, it is necessary to ensure accessibility, in accordance with requirements set out in Directive (EU) 2019/882, and reasonable accommodation. Equality bodies should ensure physical and digital74 accessibility by preventing and removing the barriers that persons with disabilities may face in accessing their services and information, and provide reasonable accommodation, taking necessary and appropriate modification and adjustments where needed in a particular case.

__________________

(38) Enabling equality bodies to regularly coordinate and cooperate at different levels, on a long-term basis, is key for mutual learning, coherence and consistency, and it may broaden the outreach and impact of their work. Equality bodies should cooperate, in particular, with other equality bodies in the same Member State and in other Member States – including in the framework of the European Network of Equality Bodies (Equinet) – and with public and private entities at local, regional, national, Union and international level, such as civil society organisations, data protection authorities, trade unions, labour and education inspectorates, law enforcement bodies, agencies with responsibility at national level for the defence of human rights, authorities managing Union funds, National Roma Contact Points, consumer bodies, and national independent mechanisms for the promotion, protection and monitoring of the UNCRPD. Such cooperation should not involve the exchange of personal data (i.e. equality data in the form that individuals can be identified).

(38) Enabling equality bodies to regularly coordinate and cooperate at different levels, on a long-term basis, is key for mutual learning, coherence and consistency, and it may broaden the outreach and impact of their work. ~~Equality~~Where different equality bodies exist, their competences and powers should ~~cooperate,~~be inleveled ~~particular,~~up ~~with~~and ~~other~~coordination ~~equality~~should ~~bodies~~be inensured ~~the~~to ~~same~~address ~~Member~~overlaps, ~~State~~enable joint action and optimize the use of resources. Equality bodies should cooperate with other equality bodies in other Member States – including in the framework of the European Network of Equality Bodies (Equinet) – and with public and private entities at local, regional, national, Union and international level, such as ~~social partners,~~ civil society organisations, data protection authorities, trade unions, labour and education inspectorates, law enforcement bodies, agencies with responsibility at national level for the defence of human rights, authorities managing Union funds, National Roma Contact Points, ~~Samí Parliaments,~~ consumer bodies, and national independent mechanisms for the promotion, protection and monitoring of the UNCRPD. Such cooperation should not involve the exchange of personal data (i.e. equality data in the form that individuals can be identified). Furthermore, any involvement of equality bodies in workplace-related matters should respect the autonomy, competences and prerogatives of social partners and the recognised competences of all relevant government agencies, including labour inspectorates, national courts and statutory tribunals, in accordance with national law and practice.

Or. en

Proposal for a directive

~~Recital 39~~

~~Text proposed by the Commission~~

~~Amendment~~

(39) Equality bodies cannot fully play their role as experts in equal treatment if they are not consulted sufficiently early during the policymaking process on matters related to rights and obligations derived from Directives 2006/54/EC and 2010/41/EU. Therefore, Member States should establish transparent procedures to ensure that consultation in a timely manner. They should also allow equality bodies to make recommendations and publish them.

~~Or. en~~

~~Amendment 26~~

~~Proposal for a directive~~

Recital 40

(40) Equality data are crucial for raising awareness, sensitising people, quantifying discrimination, showing trends over time, proving the existence of discrimination, evaluating the implementation of equality legislation, demonstrating the need for positive action, and contributing to evidence-based policymaking75 . Equality bodies have a role to play in contributing to the development of relevant equality data for those purposes, for example by organising regular roundtables gathering all relevant entities. They should also collect and analyse data on their own activities or conduct surveys and should be able to access and make use of statistical information collected by other public or private entities – such as the national statistical offices, national courts, labour and education inspectorates, trade unions or civil society organisations - concerning the matters they are entrusted with under Directives 2006/54/EC and 2010/41/EU. That statistical information should not contain any personal data.

(40) Equality data are crucial for raising awareness, sensitising people, quantifying discrimination, showing trends ~~and shifts in social attitudes~~ over time, proving the existence of discrimination, evaluating the implementation of equality legislation, demonstrating the need for positive action, and contributing to evidence-based policymaking75 . Equality bodies have a role to play in contributing to the development of relevant equality data for those purposes, for example by organising regular roundtables gathering all relevant entities. They should also collect and analyse data on their own activities or conduct surveys and should be able to access and make use of statistical information collected by other public or private entities – such as the national statistical offices, national courts, labour and education inspectorates, trade ~~unions, media~~unions or civil society organisations - concerning the matters they are entrusted with under Directives 2006/54/EC and 2010/41/EU. That statistical information should not contain any personal data and it should be made available in an accessible format so that it can be readily used by equality bodies. ~~Member States should ensure that equality bodies receive sufficient funding for their data collection and analysis tasks.~~ The work of equality bodies on equality data should take into account existing guidance and resources on equality data, including those developed in the framework of the Subgroup on Equality Data of the ~~Union’s~~EU High Level Group on ~~Non-Discrimination,~~Non-discrimination, Equality and Diversity.

__________________

Or. en

Amendment 26

Proposal for a directive

Recital 41

Text proposed by the Commission

Amendment

(41) In addition to publishing an annual report on their activities, equality bodies should regularly publish a report featuring an overall assessment of the situation regarding discrimination falling under their mandate in the Member States. That report should provide information for public and private entities and serve as a guide to determine the equality bodies’ priorities for the future. Reports should not contain any personal data.

(41) In addition to publishing an annual report on their activities, equality bodies should publish a report every two years featuring an overall assessment of the situation regarding discrimination falling under their mandate in the Member States. That report should provide information, recommendations and follow-up of thereof for public and private entities, and serve as a guide to determine the equality bodies’ priorities for the future. Reports should not contain any personal data. Equality bodies should be provided with sufficient resources in order to fulfil the reporting tasks that they are entrusted with.

Or. en

Amendment 27

Proposal for a directive

Recital 4342

Text proposed by the Commission

Amendment

(43) In order to assess the effectiveness of this Directive it is necessary to establish a mechanism to monitor its application and, in addition to monitoring compliance, assess its practical effects. The Commission should be in charge of that monitoring and regularly draw up an application report based on information received from Member States and additional relevant data collected at national and Union level and from equality bodies and other stakeholders, by the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. In order to ensure uniform conditions for the implementation of Member States’ reporting obligations pursuant to Article 16(2) as regards the practical effects of this Directive, implementing powers should be conferred on the Commission to establish a list of relevant indicators, on the basis of which data should be collected, in cooperation with the European Institute for Gender Equality and the European Network of Equality Bodies (Equinet). This monitoring should not involve the processing of personal data.

(42) To determine their vision for the future and identify their organisation's goals and objectives, equality bodies should adopt a multi-annual programme. This should allow them to ensure the coherence of their different strands of work over time and address structural or systemic issues of discrimination, including online, falling under their mandate as part of a long-term action plan. The competence and powers attached to all mandates in such institution should be harmonised and levelled up so that each mandate should as far as possible enjoy the broadest competences and powers available to any of the other mandates.

Or. en

Proposal for a directive

Recital 4443

Text proposed by the Commission

Amendment

(44) This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions. The implementation of this Directive should not serve to justify any regression in relation to the situation which already prevails in each Member State.

(44) This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions. Member States are therefore encouraged to introduce or maintain more favourable provisions. The implementation of this Directive should not serve to justify any regression in relation to the situation which already prevails in each Member State.

(43) In order to assess the effectiveness of this Directive it is necessary to establish a mechanism to monitor its application and, in addition to monitoring compliance, assess its practical effects. The Commission should be in charge of that monitoring and draw up an application report every three years based on information received from Member States and additional relevant data collected at national and Union level, from equality bodies, other stakeholders, by the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. In order to ensure uniform conditions for the implementation of Member States’ reporting obligations pursuant to Article 16(2) as regards the practical effects of this Directive, delegated powers should be conferred on the Commission to establish a list of relevant indicators, on the basis of which data should be collected. The report shall contain a specific assessment to evaluate the independent functioning of equality bodies and it should be possible to submit complaints of interferences to the Commission. This monitoring should not involve the processing of personal data.

Or. en

Proposal for a directive

~~Article 1 – paragraph 1~~

Recital 44

Text proposed by the Commission

Amendment

1. This Directive lays down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their independence in order to strengthen the application of the principle of equal treatment as derived from Directives 2006/54/EC and 2010/41/EU.

1. This Directive lays down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their competences and independence in order to strengthen the application of the principle of equal treatment as derived from Directives 2006/54/EC and 2010/41/EU.

(44) This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions. The implementation of this Directive should in no circumstance serve to justify any regression in relation to the situation which already prevails in each Member State.

Or. en

Proposal for a directive

Article 1 – paragraph ~~2 a (new)~~1

Text proposed by the Commission

Amendment

~~2a.~~1. ~~The~~This ~~obligations~~Directive ~~placed~~lays ondown ~~Member~~minimum ~~States~~requirements ~~and~~for the ~~tasks~~functioning of equality bodies ~~under this Directive shall apply~~ to ~~all persons in all~~improve their ~~diversity,~~effectiveness ~~irrespective~~and ofguarantee their ~~sex, gender, gender identity, gender expression~~independence orin ~~sex~~order ~~characteristics~~to ~~for~~strengthen the ~~purpose~~application of ~~complying with~~ the ~~prohibition~~principle of ~~discrimination laid down~~equal intreatment ~~Article~~as 4derived offrom ~~Directive~~Directives 2006/54/EC and 2010/41/EU.

1. This Directive lays down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their both de jure and de facto independence in order to strengthen the application of the principle of equal treatment as derived from Directives 2006/54/EC and 2010/41/EU.

Or. en

Proposal for a directive

Article 21 – paragraph 12 a (new)

Text proposed by the Commission

Amendment

~~Member States shall designate one or more bodies (hereinafter referred to as ‘equality bodies’) to exercise the competences laid down in this Directive.~~

2 a. The implementation of this Directive shall in no circumstances serve to justify regression in relation to the situation that already prevails in each Member State.

Member States shall designate and make the necessary arrangements for one or more bodies (hereinafter referred to as ‘equality bodies’) to exercise the competences laid down in this Directive. Member States shall not unduly fragment the institutional architecture of equality bodies in such a way that would hamper their ability to exercise their mandate.

Or. en

Proposal for a directive

Article ~~3 –~~1 ~~paragraph~~a 1(new)

Text proposed by the Commission

Amendment

1. Member States shall take measures to ensure that equality bodies are independent and free from external influence in performing their tasks and exercising their competences, in particular as regards their legal structure, accountability, budget, staffing, and organisational matters.

Article 1 a

Definitions

1. For the purposes of this Directive, the following definitions shall apply:

(a) 'structural or systemic discrimination' means rules, norms, routines, patterns of attitudes and behaviour in institutions and other societal structures that, consciously or unconsciously, present obstacles to groups or individuals in accessing the same rights and opportunities as others and that contribute to less favourable outcomes for them than for the majority of the population;

(b) 'intersectional discrimination' means the situation where discrimination takes place on the basis of two or more grounds protected by Directives 79/7/EEC, 2000/43/EC, 2000/78/EC, 2004/113/EC, 2006/54/EC and 2010/41/EU, which operate and interact with each other at the same time in such a way as to be inseparable, producing distinct and specific forms of discrimination.

Or. en

Proposal for a directive

~~Article 3 – paragraph 1 a (new)~~

Article 2 – title

Text proposed by the Commission

Amendment

1a. Member States shall ensure that equality bodies are not set up within a ministry, a government body or a body taking instructions from the government in order to preserve their nature as independent bodies.

Designation of equality bodies

Designation and structure of equality bodies

Or. en

Proposal for a directive

Article 32 – paragraph 21 a (new)

Text proposed by the Commission

Amendment

Equality bodies may cover single or multiple grounds. In the case of a multi-ground equality body, member States shall ensure a clear and appropriate focus on each of the grounds. The competence and powers attached to all mandates in such institution shall be harmonised and leveled up so that each mandate shall as far as possible enjoy the broadest competences and powers available to any of the other mandates.

2. Member States shall provide for transparent rules and safeguards concerning the selection, appointment, revocation and potential conflict of interest of the staff of equality bodies, for example by consulting experts during the process for selecting staff. Those rules and safeguards shall concern, in particular, persons holding managerial positions, for example members of boards managing equality bodies, heads of equality bodies, deputy heads of equality bodies or interim heads of equality bodies, where applicable, in order to guarantee the equality bodies’ competence and independence from any kind of external or internal interference.

Or. en

Proposal for a directive

Article 32 – paragraph 42

Text proposed by the Commission

Amendment

~~4. Member States shall ensure that appropriate safeguards are in place in the internal structure of multi-mandate bodies to guarantee the autonomous exercise of the equality mandate.~~

Equality bodies may form part of agencies with responsibility at national level for the defence of human rights or the safeguarding of individuals' rights.

4.Equality ~~Member~~bodies ~~States~~may ~~shall~~form ~~ensure~~part ~~that~~of ~~appropriate~~agencies ~~safeguards~~with ~~are~~responsibility inat ~~place~~national inlevel for the ~~internal~~defence ~~structure~~of human rights or the safeguarding of ~~multi-mandate~~individuals' ~~bodies~~rights. toIn ~~guarantee~~those ~~the~~cases, ~~autonomous~~Member ~~and~~States ~~effective~~shall ~~exercise~~ensure visibility of the equality ~~mandate without external influence.~~body.

Or. en

Proposal for a directive

Article 2 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

Equality bodies shall ensure gender balance in leadership and senior management positions and shall be encouraged to reflect the diversity of society at large.

Or. en

Amendment 37

Proposal for a directive

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall take measures to ensure that equality bodies are fully independent, autonomous and free from external influence in performing their tasks, deciding on their objectives, actions and exercising their competences, in particular as regards their legal structure, accountability, budget, staffing, and organisational matters. Equality bodies shall not be set up as part of a ministry or body taking instructions directly from the government.

Or. en

Amendment 38

Proposal for a directive

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall provide for transparent rules and safeguards concerning the selection, appointment, revocation and potential conflict of interest of the staff and board members of equality bodies, in particular persons holding a managerial position and ensure transparent, competency-based and participatory procedures without any external influence, in order to guarantee their competence and independence.

Or. en

Amendment 39

Proposal for a directive

Article 3 – paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall ensure that appropriate safeguards are in place, in particular in the internal structure of equality bodies, to guarantee the independent exercise of their competences, notably where some require impartiality and others focus on support to victims, while allowing for cooperation and coordination among mandates and shared staff in view of promoting coherence and efficiency.

Or. en

Amendment 40

Proposal for a directive

Article 3 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4 a. Equality bodies shall have the right to make public statements and produce and publish research, recommendations and reports without prior permission from, approval or notification to government or any institution or external party.

Or. en

Amendment 41

Proposal for a directive

Article 4 – paragraph 1

1. Member States shall ensure that each equality body is provided with the human, technical and financial resources necessary to perform all its tasks and to exercise all its competences effectively, on all the grounds and in all fields covered by Directives 2006/54/EC and 2010/41/EU including in the event of increases in competences, increases in complaints, litigation costs and the use of automated systems.

1. Member States shall ensure that each equality body is provided with the ~~stable~~ human, technical and financial resources necessary to perform all its tasks and to exercise all its competences ~~effectively,~~effectively and with real impact, on all the grounds and in all fields covered by Directives 2006/54/EC and 2010/41/EU including in the event of increases in competences, increases in complaints, litigation costs and the use of automated systems. Member States shall ensure that equality bodies’ budgetary allocation is stable and planned on a multi-annual basis. Member States shall ensure that equality bodies’ budgets cover costs that might be difficult to anticipate, such as costs linked to litigation. Where the competences of equality bodies are increased, Member States shall ensure that their resources and budget are adjusted upwards accordingly.

Or. en

Amendment 3742

Proposal for a directive

Article 4 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1 a. Member States shall ensure that in the event of increases in competences, increases in complaints or litigation costs, equality bodies are equipped with qualified staff, services and digital resources needed for the performance of their tasks, including research, monitoring, reporting and the use of automated systems. For this purpose, equality bodies shall be equipped with the necessary increase in their budget. There shall not be any reduction in the budget of the equality bodies.

Or. en

Amendment 43

Proposal for a directive

Article 5 – paragraph 1 – point a

(a) adopt a strategy to raise awareness of the general population, throughout their territory, with particular attention to individuals and groups at risk of discrimination, on the rights under Directives 2006/54/EC and 2010/41/EU and on the existence of equality bodies and their services;

(a) adopt a strategy to raise awareness of the general population, throughout their territory, with particular attention to ~~individuals, families in all their diversity,~~individuals and groups at risk of discrimination, ~~in a manner and in formats that are accessible for all,~~ on the rights under Directives 2006/54/EC and 2010/41/EU and the capacity to exercise them and on the existence and competences of equality bodies and their services;

Or. en

Amendment 3844

Proposal for a directive

(b) ensure that equality bodies engage in the prevention of discrimination and in the promotion of equal treatment, and adopt a strategy defining how they will engage in public dialogue, communicate with individuals and groups at risk of discrimination, provide training and guidance, and promote equality duties, equality mainstreaming and positive action among public and private entities.

(b) ensure the conditions for equality bodies to engage in the prevention of discrimination and in the promotion of equal treatment, and adopt a strategy defining how they will engage in public dialogue, communicate with individuals, social partners and groups at risk of discrimination, provide training and guidance, and promote equality duties, equality mainstreaming and positive action among public and private entities.

(b) ensure that equality bodies are at least able to:

Or. en

Amendment 3945

Proposal for a directive

Article 5 – paragraph 1 – point b – point i (new)

Text proposed by the Commission

Amendment

i) engage in the prevention of discrimination and in the promotion of equal treatment,

Or. en

Amendment 46

Proposal for a directive

Article 5 – paragraph 1 – point b – point ii (new)

Text proposed by the Commission

Amendment

ii) adopt a strategy defining how they will engage in public dialogue,

Or. en

Amendment 47

Proposal for a directive

Article 5 – paragraph 1 – point b – point iii (new)

Text proposed by the Commission

Amendment

iii) cooperate and communicate with individuals and groups at risk of discrimination and with civil society organisations working on gender equality and non discrimination,

Or. en

Amendment 48

Proposal for a directive

Article 5 – paragraph 1 – point b – point iv (new)

Text proposed by the Commission

Amendment

iv) provide information, advice, training, support and guidance, to individuals, and institutions in the public and private sector on promoting and achieving equality and preventing discrimination,

Or. en

Amendment 49

Proposal for a directive

Article 5 – paragraph 1 – point b – point v (new)

Text proposed by the Commission

Amendment

v) promote and support the implementation of equality duties, equality mainstreaming and positive action among public and private entities,

Or. en

Amendment 50

Proposal for a directive

Article 5 – paragraph 1 – point b – point vi (new)

Text proposed by the Commission

Amendment

vi) carry out research on discrimination, including structural or systemic discrimination, as well as online discrimination, including algorithmic discrimination.

Or. en

Amendment 51

Proposal for a directive

Article 5 – paragraph 2

In doing so, Member States and equality bodies shall take into consideration the most appropriate communication tools and formats for each target group. They shall focus in particular on disadvantaged groups whose access to information can be hindered, for example by their economic status, age, disability, literacy, nationality, residence status or their lack of access to online tools.

In doing so, ~~Member States and~~ equality bodies shall take into consideration the most appropriate communication tools and formats for each target ~~group and include digital tools and means of communication.~~group. They shall focus in particular on disadvantaged groups whose access to information can be hindered, for example by their economic status, age, disability, literacy, nationality, residence status or their lack of ~~public or private~~ access to online tools.

Or. en

Amendment 4052

Proposal for a directive

Assistance to victims

~~Assistance to victims~~Support and ~~persons who have~~assistance ~~experienced~~to ~~discrimination~~victims

Or. en

Amendment 4153

Proposal for a directive

1. Member States shall ensure that equality bodies are able to provide assistance to victims as set out in paragraphs 2 to 4.

1. Member States shall ensure that equality bodies are able to provide ~~assistance to victims~~support and ~~persons who have experienced discrimination free of charge as~~assistance ~~set~~to ~~out~~victims in ~~paragraphs~~accordance 2with tothis 4.Directive.

Or. en

Amendment 4254

Proposal for a directive

Equality bodies shall provide assistance to victims, initially by informing them on the legal framework, including advice targeted to their specific situation, on the services offered by the equality body and related procedural aspects, as well as on available remedies, including the possibility to pursue a case in court.

Equality bodies shall provide ~~assistance to victims~~support and ~~persons who~~assistance ~~have~~to ~~experienced~~victims, ~~discrimination~~including ~~and~~legal ~~their~~advice ~~trade~~and ~~union~~information ~~representatives,~~about ~~initially~~the bylegal ~~informing~~framework, ~~them~~particularly on ~~the~~how ~~legal~~to ~~framework,~~issue ~~including~~a complaint, advice targeted to ~~their~~the specific ~~situation,~~situation and needs of the victims, on the services offered by the equality body and related procedural aspects, as well as on available remedies, including the possibility to pursue a case in court.

Or. en

Amendment 4355

Proposal for a directive

Equality bodies shall also inform victims about the confidentiality rules applicable, on the protection of personal data and on the possibilities to obtain psychological or other types of relevant support from other bodies or organisations.

Equality bodies shall also inform victims ~~and persons who have experienced discrimination~~ about the confidentiality rules applicable, on the protection of personal data and on the possibilities to obtain psychological or other types of ~~relevant~~ support from other bodies or organisations.

Or. en

Amendment 4456

Proposal for a directive

~~Article 7 – title~~

Article 6 – paragraph 4 – subparagraph 1

Text proposed by the Commission

Amendment

~~Amicable settlements~~

Equality bodies shall issue a preliminary assessment of a complaint based on information voluntarily submitted by the parties involved. Member States shall define the precise modalities under which the equality body will issue such preliminary assessment.

~~Alternative dispute resolution~~

deleted

Or. en

Amendment 4557

Proposal for a directive

Article 76 – paragraph 14 – subparagraph 2

Text proposed by the Commission

Amendment

Equality bodies shall be able to offer the parties the possibility to seek an amicable resolution to their dispute. That process shall be subject to the agreement of the parties and may be led by the equality body itself or by another existing dedicated entity, in which case the equality body may formulate observations to that entity. Engaging in such a process shall not prevent the parties from exercising their right of access to court.

Equality bodies shall inform the complainants of their preliminary assessment and whether it will close their complaint or whether there are grounds to pursue it further, including via the procedures laid down in Articles 7, 8 and 9.

Equality bodies or other existing dedicated entities shall be able to offer the parties the possibility to resolve their dispute by means of alternative dispute resolution through a conciliation and mediation board. The conciliation and mediation board shall be led by the equality body itself or by another existing independent dedicated entity, in which case the equality body may formulate observations to that entity. Parties shall have a possibility to be assisted or represented by social partners. The conciliation and mediation board shall further consist of experts in human rights law from both parties. Impartial lawyers shall prepare cases before the conciliation and mediation board. Decisions of the conciliation and mediation board shall be legally binding provided that both parties to the dispute agree.

Equality bodies shall inform the complainants whether the procedure based on their complaint will be closed or there are grounds to pursue it further. In the event that the procedure based on their complaint will be closed, the equality bodies shall inform the complainant about the reasons.

Engaging in such a conciliation and mediation process shall be subject to the agreement of the parties to the dispute and shall not prevent the parties from exercising their right of access to court where one of them does not accept the decision of the conciliation and mediation board. Such a process shall not replace or undermine existing national conciliatory procedures where such procedures are able to provide better anti-discrimination protection.

Member States shall ensure a sufficient limitation period to guarantee that the parties to the dispute have access to court where they do not reach an agreement at the end of the conciliation and mediation process. The limitation period shall be suspended during the conciliation and mediation process.

Or. en

Amendment 4658

Proposal for a directive

Article 7 a (new)

Text proposed by the Commission

Amendment

Article 7 a

Investigations

1. Member States shall ensure that equality bodies are empowered to effectively investigate, following a complain or on their own initiative, whether a breach of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU has occurred and seek to address both individual, structural or systemic discrimination.

2. Member States shall provide for a framework which enables equality bodies to carry out fact-finding. In particular, that framework shall provide equality bodies with effective and obligatory rights to access information which is necessary to establish whether discrimination has occurred. It shall also provide for appropriate mechanisms for equality bodies to cooperate with relevant public bodies such as labour and education inspectorates, for that purpose.

3. Member States shall ensure that equality bodies are provided with powers to obtain evidence and relevant information, including from alleged perpetrators for the purpose of the investigations. Equality bodies shall be entitled to impose sanctions in the event that the evidence and/or relevant information they have required is not provided to them. Sanctions shall only be imposed if there is no duly justified reason for not providing the requested evidence and/or information and it does not entail personal data.

Or. en

Amendment 59

Proposal for a directive

Article 7 b (new)

Text proposed by the Commission

Amendment

Article 7 b

Decision-making competences

1. Member States shall ensure that equality bodies are assigned with decision-making competences. The decision-making competences shall include:

a. receive, examine, hear and conciliate individual and collective complaints of discrimination and make decisions on these complaints based on the relevant legislation including the provisions on the shared burden of proof;

b. decide whether there has been a breach of anti-discrimination legislation;

c. record in writing the assessment of a case or an investigation, including establishing the facts and a reasoned conclusion on the existence of discrimination. Equality bodies shall determine whether this is to be done by means of binding enforceable decisions or by means of non-binding opinions pursuant to Article 8 of this Directive;

d. issue legally binding decisions that require action to put an end to discrimination, achieve full equality, and avert future discrimination;

e. apply specific measures to remedy any breach found and to prevent further occurrences. Member States shall ensure that equality bodies are able to establish appropriate mechanisms for follow-up of decisions, such as feedback obligations, and for enforcement of decisions;

f. impose effective, proportionate and dissuasive sanctions including payment of compensation for both pecuniary and nonpecuniary damage, fines when they find there has been a breach of non-discrimination legislation;

g. ensure the execution and implementation of their decisions and publish their decisions and recommendations, including where applicable the sanctions imposed, without disclosing personal data.

2. Member States shall ensure that national law provides for a right to appeal before the courts against legally binding final decisions issued by the equality body.

Or. en

Amendment 60

Proposal for a directive

Article 8 – title

Opinions and decisions

~~Investigation~~

Non-binding opinions

Or. en

Amendment 4761

Proposal for a directive

1. Member States shall ensure that where, following a complaint or on their own initiative, equality bodies consider that the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU may have been breached, those bodies are empowered to further investigate the case.

1. Member States shall ensure that equality bodies are empowered to effectively investigate, following a complaint or on their own initiative, whether a breach of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU has occurred.

deleted

Or. en

Amendment 4862

Proposal for a directive

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall provide for a framework which enables equality bodies to carry out fact-finding.

deleted

In particular, that framework shall provide equality bodies with effective rights to access information which is necessary to establish whether discrimination has occurred. It shall also provide for appropriate mechanisms for equality bodies to cooperate with relevant public bodies for that purpose.

Or. en

Amendment 63

Proposal for a directive

Article 8 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

Member States shall provide for a framework which enables equality bodies to carry out fact-finding.

deleted

Or. en

Amendment 64

Proposal for a directive

Article 8 – paragraph 2 – subparagraph 2

In particular, that framework shall provide equality bodies with effective rights and obligations to access information which is necessary to establish whether discrimination has occurred, including by obliging the alleged perpetrator and any third parties to provide information and documents when requested. It shall also provide for appropriate mechanisms for equality bodies to cooperate with relevant public bodies, such as labour inspectorates or other enforcement bodies, and oblige those public bodies to cooperate with equality bodies for that purpose.

deleted

Or. en

Amendment 4965

Proposal for a directive

Or. en

Amendment 5066

Proposal for a directive

Member States shall ensure that equality bodies record in writing their assessment of the case, including establishing the facts and a reasoned conclusion on the existence of discrimination. Member States shall determine whether this is to be done by means of non-binding opinions or by means of binding enforceable decisions.

~~deleted~~

1. Where equality bodies that take decisions on complaints pursuant to point (a), paragraph 1, of Article 7b, decide not to issue legally binding decisions and/or impose sanctions as set out in points d) and f), paragraph 1, of Article 7b, equality bodies may decide to:

a. issue non-binding opinions and recommendations that require action to put an end to discrimination, achieve full equality, and avert future discrimination;

Or. en

Amendment 5167

Proposal for a directive

Where appropriate, opinions and decisions shall include specific measures to remedy any breach found and to prevent further occurrences. Member States shall establish appropriate mechanisms for follow-up to opinions, such as feedback obligations, and for enforcement of decisions.

~~deleted~~

b. recommend specific measures to remedy any breach found and to prevent further occurrences. Member States shall ensure that equality bodies are able to establish appropriate mechanisms for follow-up to opinions, such as feedback obligations;

Or. en

Amendment 5268

Proposal for a directive

Equality bodies shall publish summaries of their opinions and decisions, without disclosing personal data.

~~deleted~~

c. ensure the implementation of their recommendations and publish their opinions and recommendations without disclosing personal data.

Or. en

Amendment 5369

Proposal for a directive

~~Article 8 a (new)~~

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

~~Article 8a~~

1. Member States shall ensure that equality bodies have the right to act in court proceedings in administrative and civil law matters relating to the implementation of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU in accordance with paragraphs 2 to 5, without prejudice to national rules on the admissibility of actions.

~~Opinions and decisions~~

1. Member States shall ensure that equality bodies have the right to act before institutions, adjudicatory bodies and in court proceedings in administrative and civil law matters relating to the implementation of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU in accordance with paragraphs 2 to 5, without prejudice to national rules on the admissibility of actions.

1. Member States shall ensure that equality bodies are empowered to record in writing their assessment of a case. As part of their written assessment, equality bodies shall establish the facts of the case and provide a reasoned conclusion as to whether discrimination has occurred. Member States shall determine, in consultation with other entities, such as the social partners, whether the equality bodies are to assess cases by means of non-binding opinions or binding enforceable decisions. Member States shall ensure that such decisions can be appealed to a judicial or administrative authority in accordance with national law and practice.

2. Where appropriate, opinions and decisions shall include specific measures to remedy any breach found and to prevent further occurrences. Member States shall establish appropriate mechanisms to follow up on opinions, such as feedback obligations, and to enforce decisions.

3. Equality bodies shall publish summaries of their opinions and decisions, without disclosing personal data. Equality Bodies may disclose personal data in opinions or decisions, or the summaries thereof, where such disclosure is provided for by law, for example as a penalty in discrimination cases, and provided that the person to whom the personal data relate has been found guilty of discrimination.

Or. en

Amendment 5470

Proposal for a directive

Article 9 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. The right to act in court proceedings shall include:

2. The right to act in court proceedings shall at least include:

Or. en

Amendment 71

Proposal for a directive

Article 9 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) the right of the equality body to act as a party in proceedings on the enforcement or judicial review of a decision taken pursuant to Article 8(4);

(a) the right of the equality body to act as a party in proceedings on the enforcement or judicial review of a decision taken pursuant to Articles 7(c)(1) and 8(1);

Or. en

Amendment 72

Proposal for a directive

Article 9 – paragraph 2 – point b

(b) the right of the equality body to submit observations to the court as amicus curiae;

(b) the right of the equality body to submit observations to the ~~court;~~court, institutions and adjudicatory bodies as amicus curiae, a third party or expert;

Or. en

Amendment 5573

Proposal for a directive

(c) the right of the equality body to initiate or participate in proceedings on behalf or in support of one or several victims; in this case, the approval of the victims shall be necessary.

(c) the right of the equality body to initiate or participate in proceedings on behalf or in support of one or several victims; in this case, the consent of the victims shall be necessary;

Or. en

Amendment 5674

Proposal for a directive

Amendment

~~(ca) the right of the equality body to initiate court proceedings where it has detected discrimination but no individual complainant pursues the case;~~

(c a) the right to recourse to conciliation procedures when appropriate;

Or. en

Amendment 5775

Proposal for a directive

Amendment

~~(cb) the right of the equality body to act in court proceedings where collective redress is used.~~

(c b) the right of the equality body to initiate court proceedings in its own name, in particular in order to address structural or systemic discrimination, including online, in cases selected by the equality body because of their abundance, their seriousness or the need for legal clarification, according to published criteria established by the equality body.

Or. en

Amendment 5876

Proposal for a directive

Article 9 – paragraph 42 a (new)

Text proposed by the Commission

Amendment

4. Member States shall ensure that, except in cases referred to in paragraphs 2(a) and (b), the equality body does not submit in court proceedings evidence that it has obtained through the exercise of powers pursuant to Article 8(3).

2 a. Member States shall ensure that equality bodies have the right to monitor the execution of decisions of institutions, adjudicatory bodies and the courts dealing with equality, discrimination and intolerance.

~~deleted~~

Or. en

Amendment 5977

Proposal for a directive

Article 9 – paragraph 52 b (new)

Text proposed by the Commission

Amendment

~~5. Member States shall ensure that no investigations pursuant to Article 8(2) to (4) are initiated or continued while court proceedings on the same case are pending.~~

2 b. Member States shall ensure that there is a system by which victims do not have to bear court and administrative fees or representation fees, in particular in cases of structural or systemic discrimination, including online, and where their cases are taken up for strategic litigation.

~~deleted~~

Or. en

Amendment 6078

Proposal for a directive

Article 109 – paragraph 12 c (new)

Text proposed by the Commission

Amendment

Member States shall ensure that, in the procedures referred to in Articles 6, 7, 8 and 9, the rights of defence of natural and legal persons involved are duly protected. Member States shall ensure that equality bodies guarantee confidentiality of witnesses and whistle-blowers, and as far as possible, of complainants.

2 c. Member States shall ensure that equality bodies have the right to initiate court proceedings directly following the use of investigation powers pursuant to Article 7a, without the need to issue an opinion or a decision prior to initiating proceedings.

Member States shall ensure that, in the procedures referred to in Articles 6, 7, 8, 9 and 14, the rights of defence of natural and legal persons involved are duly protected. Member States shall ensure that equality bodies put in place internal whistle-blower contact points and protection, guarantee confidentiality of witnesses and whistle-blowers, and as far as possible, of complainants and alleged perpetrators, where they are natural persons.

Or. en

Amendment 6179

Proposal for a directive

Article 109 – paragraph ~~1 a (new)~~3

Text proposed by the Commission

Amendment

~~This Directive is without prejudice to the competences of labour inspectorates or other enforcement bodies.~~

3. Member States shall ensure that the equality body can initiate court proceedings in its own name, in particular in order to address structural and systematic discrimination in cases selected by the equality body because of their abundance, their seriousness or their need for legal clarification.

deleted

Or. en

Amendment 6280

Proposal for a directive

Article 109 – paragraph ~~1 b (new)~~4

Text proposed by the Commission

Amendment

In order to provide more effective legal protection, this Directive is without prejudice to national law, rules, procedures and practice concerning representation and defence by social partners before the courts, to collective redress mechanisms and to other rights, prerogatives and competences of social partners and workers’ and employers’ representatives, such as those relating to the enforcement of collective agreements.

deleted

Or. en

Amendment 6381

Proposal for a directive

Article 119 – paragraph 15

Text proposed by the Commission

Amendment

1.5. Member States shall ~~guarantee access to~~ensure ~~equality~~that ~~bodies’~~no ~~services~~investigations ~~and~~pursuant ~~publications~~to onArticle an8(2) ~~equal~~to ~~basis~~(4) ~~for~~are ~~all~~initiated ~~and~~or ~~ensure~~continued ~~that~~while ~~there~~court ~~are~~proceedings noon ~~barriers~~the tosame ~~submission~~case ofare ~~complaints.~~pending.

1. Member States shall guarantee access to equality bodies’ services and publications on an equal basis for all and ensure that there are no barriers to submission of complaints, either through the establishment of local offices, including mobile offices, or the establishment of accessible and user-friendly digital tools and platforms.

deleted

Or. en

Amendment 6482

Proposal for a directive

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall ensure that, in the procedures referred to in Articles 6, 7, 7a, 7b, 8 and 9, the rights of defence of natural and legal persons involved are duly protected. Member States shall ensure that equality bodies guarantee confidentiality of witnesses and whistle-blowers, and as far as possible, of complainants.

Or. en

Amendment 83

Proposal for a directive

Article 11 – paragraph 2

2. Member States shall ensure that equality bodies provide all their services at no cost to complainants, throughout their territory, including in rural and remote areas.

2. Member States shall ensure that equality bodies provide all their ~~services, including court representation,~~services at no cost to complainants, throughout their ~~territory,~~territory with the establishment of local and regional offices, including in rural and remote areas.

Or. en

Amendment 6584

Proposal for a directive

3. Member States shall ensure accessibility and provide reasonable accommodation for persons with disabilities to guarantee their equal access to all services and activities of equality bodies, including assistance to victims, complaint handling, amicable settlement mechanisms, information and publications, and prevention, promotion and awareness-raising activities.

3. Member States shall ensure ~~accessibility, including in accordance with Directive (EU) 2019/882, and~~accessibility,and provide reasonable accommodation ~~for persons with disabilities and persons belonging~~ to ~~other groups at risk of discrimination, such as LGBTI persons, to~~ guarantee ~~their~~ equal access to all ~~services~~services, activities and ~~activities~~information of equality ~~bodies,~~bodies in formats accessible for people with disabilities, including assistance to victims, complaint handling, amicable settlement mechanisms, information and publications, and prevention, promotion and awareness-raising ~~activities.~~activities according to Directive (EU) 2016/2102.

Or. en

Amendment 6685

Proposal for a directive

Member States shall ensure that equality bodies have appropriate mechanisms in place to cooperate, within their respective fields of competence, with other equality bodies within the same Member State, and with relevant public and private entities, including civil society organisations, at national, regional, local level as well as in other Member States and at Union and international level.

Member States shall ensure that equality bodies have appropriate mechanisms in place to cooperate, within their respective fields of competence, with other equality ~~bodies within the same Member State,~~bodies, and with relevant public and private entities, ~~including~~ social partners and civil society ~~organisations, at national, regional, local level, and local governments, as well~~organisations aswithin inthe ~~other~~same Member ~~States~~State ~~and~~including at ~~Union~~regional and ~~international~~local level. ~~Member~~Such ~~States~~cooperation shall ~~ensure that equality bodies equally cooperate with the European Institute for Gender Equality, the European Union Agency for Fundamental Rights~~not ~~and~~involve the ~~European Network~~exchange of ~~Equality Bodies~~personal ~~(Equinet).~~data.

~~Or. en~~

Member States shall ensure that national equality bodies have appropriate mechanisms in place to cooperate at Union and international level with equality bodies of other Member States in their respective fields of competences as well as with the European Network of Equality Bodies (Equinet), civil society organisations, and social partners.

~~Amendment 67~~

~~Proposal for a directive~~

~~Article 14 – paragraph 2~~

~~Text proposed by the Commission~~

~~Amendment~~

2. The data collected shall be disaggregated by grounds and fields covered by Directives 2006/54/EC and 2010/41/EU, and in accordance with the indicators referred to in Article 16. The personal data collected shall be anonymised and, where not possible, pseudonymised.

2. The data collected shall be disaggregated by grounds and fields covered by Directives 2006/54/EC and 2010/41/EU, taking into account multiple and intersectional discrimination, and in accordance with the indicators referred to in Article 16. The personal data collected shall be anonymised and, where not possible, pseudonymised.

Or. en

Amendment 6886

Proposal for a directive

Article 1413 – paragraph 32

Text proposed by the Commission

Amendment

3. Member States shall ensure that equality bodies can access statistics related to the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU collected by public and private entities including public authorities, trade unions, companies, and civil society organisations where they deem such statistics necessary to make an overall assessment of the situation regarding discrimination in the Member State, and for drawing up the report referred to in Article 15, point (c).

They shall ensure that equality bodies have the right to make recommendations on those matters, to publish them and to require feedback from the authorities concerned.

Member States shall ensure that national equality bodies have the necessary means to provide feedback to Equinet to allow its consultation on legislation, policy, procedures and programmes at Union level.

Or. en

Amendment 6987

Proposal for a directive

5. Member States shall ensure that equality bodies may conduct independent surveys concerning discrimination.

5. Member States shall ensure that equality bodies may conduct ~~and commission~~ independent ~~surveys~~surveys, reports and ~~reports~~research concerning ~~discrimination.~~discrimination including intersectional, structural or systemic, online discrimination, as well as commissioning them externally.

Or. en

Amendment 7088

Proposal for a directive

(c) publish a report, with recommendations, at least every four years, on the state of equal treatment and discrimination, including potential structural issues, in their Member State.

(c) publish ~~an independent~~a report, with recommendations, at least every ~~four~~two years, on the state of gender equality, equal treatment and discrimination, including potential structural or systemic discrimination, as well as online issues, and any action or attempt of backsliding in these areas and an analysis of the funding in their Member State. The report shall also include a follow-up of the past recommendations and the action taken in this respect. This report shall be presented in the respective national parliament and be sent to the European Parliament.

Or. en

Amendment 7189

Proposal for a directive

Article 15 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

(c a) engage in a sustainable dialogue with the government and other authorities who shall take the equality bodies recommendations on legislation, policies, procedures, programs and practice into account and take action within a certain timescale.

Or. en

Amendment 90

Proposal for a directive

Article 16 – paragraph 1

1. The Commission shall, by means of an implementing act, establish a list of common indicators to measure the practical effects of this Directive. When preparing the indicators, the Commission may seek advice from the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. Those indicators shall cover the resources, independent functioning, activities, and effectiveness of equality bodies, as well as evolutions in their mandate, powers or structure, ensuring the comparability, objectivity and reliability of the data collected at national level.

1. The Commission shall, by means of ana ~~implementing~~delegated act, establish a list of common indicators to measure the practical effects of this ~~Directive, in cooperation with Equinet and making use of Equinet’s indicators.~~Directive. When preparing the indicators, the Commission ~~shall, where relevant, also~~shall seek advice from the European Union Agency for Fundamental Rights and the European Institute for Gender ~~Equality.~~Equality and the European Network of Equality Bodies (Equinet). Those indicators shall cover the adequacy of resources, including economic resources and staff, key elements of the independent functioning, activities, and effectiveness of equality bodies, as well as evolutions in their mandate, powers or structure, ensuring the comparability, objectivity and reliability of the data collected at national level.

Or. en

Amendment 7291

Proposal for a directive

2. By [5 years after the date of transposition], and every 5 years thereafter, Member States shall provide the Commission with all relevant information regarding the application of this Directive, including data on its practical effects collected on the basis of the indicators referred to in paragraph 1 of this Article, and in particular taking into account the reports drawn up by the equality bodies under Article 14, points (b) and (c).

2. By [3[2 years after the date of transposition], and every 32 years thereafter, Member States shall provide the Commission with all relevant information regarding the application of this Directive, including data on its practical effects collected on the basis of the indicators referred to in paragraph 1 of this Article, and in particular taking into account the reports drawn up by the equality bodies under Article 14, points (b) and (c).

Or. en

Amendment 7392

Proposal for a directive

3. The Commission shall draw up a report on the application and practical effects of this Directive, based on the information referred to in paragraph 2 and additional relevant data collected at national and Union level, in particular from stakeholders, by the European Union Agency for Fundamental Rights and the European Institute for Gender Equality.

3. The Commission shall draw up a report on the application and practical effects of this Directive, based on the information referred to in paragraph 2 and additional relevant data collected at national and Union level, in particular from equality bodies, the European Network of Equality Bodies (Equinet), civil society organizations, stakeholders, by the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. The ~~Commission~~report shall ~~evaluate, based on~~contain ~~the~~a ~~information~~specific itassessment ~~has~~to ~~received,~~evaluate the ~~situation of discrimination in each Member State and~~independent ~~draw~~functioning upof aequality ~~balance~~bodies. ~~sheet~~Complaints ~~for~~on ~~each~~any ~~Member~~interference ~~State~~may ~~describing~~be ~~and~~submitted ~~ranking~~to the ~~situation regarding discrimination and~~Commission ~~their~~who ~~performance~~shall asfurther ~~regards~~investigate ~~anti-discrimination~~the ~~measures.~~allegations.

Or. en

Amendment 7493

Proposal for a directive

Article 1618 – paragraph ~~3 a (new)~~1

Text proposed by the Commission

Amendment

~~3a. The Commission shall issue follow-up recommendations where it notes, as part of its monitoring of anti-discrimination actions in the Member States, concerning developments in a Member State.~~

1. Member States shall ensure that equality bodies may collect personal data only where necessary for the fulfilment of a task under this Directive.

1. Member States shall ensure that equality bodies may collect and process personal data only where necessary for the fulfilment of the tasks under this Directive and where the data collection and processing is in full compliance with Regulation (EU) 2016/679.

Or. en

Amendment 7594

Proposal for a directive

Article 2018 – paragraph ~~1 – subparagraph 1~~2

Text proposed by the Commission

Amendment

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [18 months] at the latest. They shall immediately inform the Commission thereof.

2. Member States shall ensure that when equality bodies process special categories of personal data, namely data on racial or ethnic origin, religion or belief, disability or sexual orientation, suitable and specific measures are provided to safeguard the fundamental rights and the interests of the data subject.

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [12 months] at the latest. They shall immediately inform the Commission thereof.

2. Member States shall ensure that when equality bodies process special categories of personal data within the meaning of Regulation (EU) 2016/679, namely data on racial or ethnic origin, religion or belief, disability, sexual orientation, sex life, health, biometric or genetic data, it shall be carried out in full compliance with Article 9 of Regulation (EU) 2016/679, and that suitable and specific measures are provided to safeguard the fundamental rights and the interests of the data subject in accordance with Article 9(2)(g) of Regulation (EU) 2016/679.

Or. en

EXPLANATORY STATEMENT

National equality bodies are public organisations that promote equal treatment in each European Union Member State by providing independent assistance to victims of discrimination, acting and/or representing victims in court, conducting independent surveys and enquiries, publishing independent reports, collecting data, raising awareness and making recommendations on matters relating to discrimination. They are legally required to do so in case of a discrimination based on ground of the ones defined under article 19 TFEU, including sex, race and ethnicity, age, sexual orientation, religion or belief, and disability. Equality bodies shall also require doing so in case of multiple and intersectional discrimination. To reflect the evolvement of the society and to be in line with the ECJ case, the scope of equal treatment of men and women cannot be limited to discrimination based on the fact that a person is of one or other sex. Thus, intersectional and multiple discrimination should be taken into account.

All victims of discrimination deserve equal protection, support and access to justice. The right to non-discrimination is enshrined in the Charter and in the Treaties and must be fully respected. However, the backlash against gender equality and other fundamental rights is evident globally and is rapidly increasing, with Europe being no exception. It is more important now than ever for the EU to fulfill its mandate to actively and forcefully combat discrimination. In this regard, strengthening the role and independence of national equality bodies is a major step towards a Union free from discrimination.

Equality bodies are core actors in the anti-discriminatory work in the EU, and their abilities to assist victims of discrimination and promote anti-discrimination in the EU need to be both strengthened and supported. European Union values, amongst them equality, can only become reality if they are properly put in practice. This is why this directive is important - it contributes to implementing the objectives of the Treaties not only in theory, but also in practice-.

One in five people in the EU experience discrimination or harassment on different grounds or on a combination of grounds. Unfortunately, the EU anti-discrimination framework is fragmented, creating an artificial ‘hierarchy’ of protected grounds and leading to victims being unequally protected. This urgently needs to be resolved. It is therefore particularly unfortunate that, despite reiterated calls from the European Parliament, the horizontal anti-discrimination Directive remains blocked by the Council, obstructing progress in achieving a coherent anti-discrimination framework at the EU level. In this context, the current Directives are an opportunity to raise the ambitions and ensure a strong protection against discrimination and support for victims in all Member States.

Due to their specific roles, equality bodies are also involved in workplace related matters. In that particular situation, equality bodies should always respect the autonomy, competences and prerogatives of social partners as well as the recognised competences of all relevant government agencies, including labour inspectorates, national courts and/or statutory tribunals, in line with national law and practices.

Equality bodies play a fundamental role in advancing equality and combating discrimination. In particular, they are crucial in providing support and assisting victims, awareness-raising, conducting independent surveys, reports and research, collecting data, monitoring trends, making recommendations and ensuring the implementation of EU anti-discrimination law on the national level. The lack of binding standards regarding their mandate has contributed to the unequal protection against discrimination in different Member States. Minimum binding standards for equality bodies would ensure that their full potential is achieved.

Equality bodies were first established by the Racial Equality Directive (2000/43/EC). Three subsequent equality directives entrusted equality bodies with the same missions in their respective field: the Gender Equality Directive in the field of goods and services (2004/113/EC), the Gender Equality Directive in the field of employment (2006/54/EC) and the Gender Equality Directive in the field of self-employment (2010/41/EU).

With the new Directives, the minimum competences of equality bodies must be significantly strengthened. They must be guaranteed full independence and autonomy and ensured protection against budget cuts and state influence. Additionally, equality bodies must be granted decision-making competences, including the right to receive complaints, investigation and litigation powers, and the power to impose proportionate and dissuasive sanctions. Equality bodies should also be able to make legally binding decisions and provide non-binding opinions, as well as to come up with recommendations and conduct follow-up monitoring.

In 2018, the Commission issued a positive Recommendation on binding standards for equality bodies that recommended a set of measures for Member States to improve their respective equality bodies’ independence and effectiveness, in particular in terms of their capacity to ensure that any individuals and groups that are discriminated against can fully enjoy their rights.

Equality bodies should have the right to take up, on their own initiative, all matters falling under their mandate. This includes addressing structural discrimination. The lack of national provisions relating to structural discrimination, combined with limited litigation powers, obstructs equality bodies’ ability to act and for new case law to develop. As people exposed to discrimination are often put in a vulnerable situation and are unable to address structural discrimination on their own, it is important that equality bodies have the right to conduct investigations, collect evidence and initiate court proceedings on their own initiative and in their own name in order to expose and address the, sometimes invisible, norms and processes within institutions that end up exacerbating existing inequalities.

However, despite these efforts, the existing legislation and the 2018 recommendation have not ensured sufficient resources and tools, nor have they achieved an ideal operational environment for equality bodies. Most issues that the 2018 recommendation addressed are still not resolved. In addition, the conditions for effective functioning of equality bodies differ significantly between different Member States. As a result, the level of protection against discrimination is different, asymmetrical and inconsistent for citizens around Europe. Not everyone is protected to the same standards. This needs to be corrected swiftly, and differences in levels of in protection between groups of people in different Member States need to be made transparent.

It is also important to monitor the fast development of digital technologies, including AI. There is widespread evidence of the risks of such systems for individuals from vulnerable groups, as technologies driven by big data and artificial intelligence are entrenching inequality, discrimination, exclusion and poverty. For this reason, it is essential that equality bodies are equipped with qualified staff to shed light on and address online discrimination, including algorithmic discrimination.

To achieve this goal, strong minimum standards for equality bodies are needed. The basis of well-functioning equality bodies in democratic states is the independence of these organisations. Equality bodies and their staff need to be free from all external interference and this must be ensured by using all possible safeguards. Equality bodies must never be part of a ministry, other governmental body or a body taking instructions from the government, but genuinely be able to be independent in their actions. For this, adequate funding that corresponds accordingly to the amount and nature of tasks of the equality body, as well as stable working contracts for their staff to ensure coherent and long-term anti-discriminatory work, should be guaranteed, which is too often not the case. Equality bodies should never have to face the same regrettable situation with which for example the European Institute for Gender Equality (EIGE) and a number of other agencies are confronted, namely being understaffed and under-resourced with an ever-increasing workload and research demands.

The Directive must entail a capacity for equality bodies to address intersectional discrimination. Equality bodies should apply an intersectional perspective in all their tasks. Addressing discrimination from an intersectional perspective is crucial to properly capture the distinct and specific forms of discrimination that victims face on the basis of two or more grounds. In this regard, and in compliance with the CJEU case law, the scope of the Directive should be as broad as possible. Member States should promote and fund equality bodies to cover all grounds of discrimination, in accordance with the open-ended clause of Article 21 of the Charter. Gender equality cannot be achieved if all multiple and intersectional types of discrimination, intentional and unintentional, in their individual, structural, institutional and historical forms, have not been understood and eradicated.

An effective equality body has litigation powers. At present, equality bodies in some EU Member States do not enjoy the right to act in court. In addition to equality bodies’ rights to act as a party in proceedings, to submit observations to the court or to initiate or participate in proceedings on behalf or in support of one or several victims, they should also be able to initiate court proceedings in their own name when there is no individual complainant pursuing the case themselves, or to act in court proceedings when collective redress is used.

Equality bodies carry out their work in an increasingly challenging environment, with discriminatory treatment, policies and actions becoming unacceptably normalized in our societies. Despite their difficult context, they have already proven their immense potential. We must now provide them with the tools needed to forcefully combat all forms of discrimination. There is no time to waste.

However, not all cases ever go to court nor should they need to. To offer a quick, affordable, out of court resolution of disputes, Member States should also provide for the possibility for parties to seek an alternative dispute resolution to their disputes, through a conciliation and mediation process that can be led by the equality body or another existing independent dedicated entity which is not government related.

Monitoring is key to ensuring that equality bodies truly enjoy the rights they are assigned in this legislation. The Commission must, by means of an implementing act, establish a list of common indicators for monitoring. In this work, the Commission should work closely with European Institute for Gender Equality (EIGE), European Network of Equality Bodies (Equinet) and European Union Agency for Fundamental Rights (FRA). It is important to recognise that these external agencies already have a lot of work on their agendas and that any cooperation with equality bodies should constitute as further grounds for budget increases. The Commission must also evaluate the situation of discrimination in each Member State and issue follow-up recommendations in cases where it notes concerning developments in any of the Member States.

As is the case in all policy areas, cooperation is key. Member States need to ensure that equality bodies have appropriate mechanisms in place to cooperate with other equality bodies within the same Member State, and with relevant public and private entities, including civil society organisations, at national, regional and local level, as well as in other Member States and at Union and international level. Local governments should be afforded the opportunity to approach equality bodies when they see examples of discrimination at a national level, irrespective of whether the alleged case of discrimination has taken place within that particular local area. Equality bodies should equally have the right to cooperate with EIGE, FRA and Equinet, as well as social partners and labour inspectorates.

Far too often, citizens across our continent see their basic human rights both disregarded and disrespected. With the help of this legislative proposal and the minimum standards it lays down, people in all Member States will be able to enjoy strengthened level of protection against discrimination. At the same time, Member States are allowed to apply or introduce laws, regulations or administrative provisions that are more favourable than the minimum standards laid down in this Directive. There is no time to wait - the success of this legislation is key to preserving our core EU values.