Sittings · Compare

What changed

From · 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

→

To · opinion parliamentary committee · 2023-10-12 LIBE-AD-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

+189 added · −234 removed · 71 modified paragraphs hide unchanged text

(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 , and the Union has already adopted several Directives on the prohibition of discrimination.

(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 .~~Union[1], The Union has already adopted several Directives on the prohibition of discrimination, but ~~it still~~ has yet to adopt a horizontal Equal Treatment Directive outside the field of employment and ~~occupation~~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~~

Amendment 2

Amendment

(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~~characteristic of a person.

~~Or. en~~

Amendment 3

(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.

~~Or. en~~

Amendment 4

(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 EUUnion and an inadequate implementation of the ~~EU’s~~Union’s equal treatment legislation. InWith a view to ~~ensure~~ensuring a holistic, effective and comprehensive protection against discrimination, Member ~~states~~States should promote and fund equality bodies to cover all ~~the~~ grounds of discrimination in accordance with the ~~open-ended~~non-exhaustive ~~clause~~nature of Article 21 of the Charter.

~~Or. en~~

Amendment 5

(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~~a 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 .~~characteristics13a. 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.

__________________

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

13a Judgment of the Court of Justice of 30 April 1994, P v S, C-13/94, ECLI:EU:C:1996:170; Judgment of the Court of Justice of 7 January 2004, K.B., C-117/01, ECLI:EU:C:2004:7; Judgment of the Court of Justice of 27 April 2006, Richards, C-423/04, ECLI:EU:C:2006:256; Judgment of the Court of Justice of 26 June 2018, M.B., C-451/16, ECLI:EU:C:2018:492.

~~Or. en~~

Amendment 6

(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~~ 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~~(EU) ~~enforcement~~2023/970 ~~mechanisms69~~14a 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 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.

__________________

~~69 Proposal~~14a ~~for~~Directive a(EU) ~~Directive~~2023/970 of the European Parliament and of the Council of 10 May 2023 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 ~~mechanisms~~mechanisms, ~~(COM/2021/93~~OJ ~~final).~~L 132, 17.5.2023, p. 21.

69 Proposal for a Directive of the European Parliament and of the Council 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 mechanisms (COM/2021/93 final).

~~Or. en~~

Amendment 7

(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, as well as in the Charter, acknowledging that discrimination often affects ~~persons~~people on more than one ground, and that this creates specific disadvantage. Incorporating an intersectional approach is key to understanding social inequalities, exclusion and discrimination from a comprehensive, systemic or structural perspective, while overcoming a single-axis approach to discrimination, which downplays its institutional and historical dimensions. Equality bodies should ensure a clear and appropriate focus on each of the grounds covered and on the intersections between them. Provisions relating to intersectional discrimination in Directive (EU) 2023/970 should be taken into account in the implementation of this Directive.

~~Or. en~~

Amendment 8

(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 make decisions and to act with complete independence without being subject to any ~~external~~external, especially political influence. For that purpose, Member States should take into account a number of criteria 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,~~bodies, ~~head~~heads of the equality ~~body,~~bodies, deputy heads or ininterim ~~case~~heads of ~~interim~~equality bodies – should be be selected ~~by open,~~through ~~competency-based~~merit-based and transparent ~~procedures.~~procedures of open competition. Equality bodies should be able 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.~~priorities taking into account the Union’s priorities on gender equality

~~Or. en~~

Amendment 9

(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 be able to determine their internal structure in a way that allows the independent exercise of their various ~~competences,~~competences including decision-making competences, encompassing the full enjoyment of promotion, prevention, support and litigation competences in their ~~broadest~~broader 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 financial and human 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,~~funding to fulfill their tasks, 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,~~competences or of the staff, planned on a multi-annual basis, and allow them to cover costs that may be difficult to anticipate such as costs linked to litigation. In cases where the competences of equality bodies have been increased, Member States must ensure that their budgets are adjusted accordingly. To ensure that equality bodies are provided with sufficient resources, their budget should not suffer cuts and 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.

~~Or. en~~

Amendment 11

(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,~~intelligence,can ~~can~~and do lead to algorithmic discrimination, but they may also represent a tool to identify discrimination ~~which~~patterns. Algorithmic discrimination risks perpetuating and exacerbating existing inequalities, discrimination, exclusion and poverty. Equality bodies should therefore be equipped with expert, qualified staff or services, able to understand how automated systems work and how they can lead to algorithmic discrimination, assess them as regards their compliance with non-discrimination rules ~~and provide solutions aiming to address algorithmic discrimination,~~ prevent its potential consequences on individuals and provide support to victims of this form of discrimination. Particular attention should be devoted to equipping equality bodies with appropriate digital resources, and training on the use of automated systems, be it directly or by way of subcontracting. Equality bodies should also ensure that automated systems comply with accessibility requirements for persons with disabilities in accordance with Annex I of Directive (EU) 2019/882.

~~Or. en~~

Amendment 12

(20) Equality bodies, alongside other actors, such as social 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 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. Equality bodies should also raise awareness about intersectional discrimination and the importance to apply an intersectional approach when designing policies, programmes, funds and activities.

~~Or. en~~

Amendment 13

(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 be free of charge and, as a minimum, include the provision of key information to complainants, including legal advice, advice targeted to the specific needs of the victims, and information concerning procedural aspects, including ~~remedies and~~ how to bring a case to ~~the~~court ~~court.~~and other available remedies.

~~Or. en~~

Amendment 14

(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.~~ways, including through regional or local offices or digital tools and platforms. Member States should also pay due regard to Commission Recommendation 2018/951 and make sure that submission of complaints should be possible in a language that the complainant can ~~understand.~~understand, including a language that is common where the equality body is located or a language indicated by the equality body. 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~~witnesses, whistle-blowers, and to complainants.

__________________

70 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).

~~Or. en~~

Amendment 15

Proposal for a directive

Recital 22 a (new)

Text proposed by the Commission

Amendment

(22 a) The obligations placed on Member States and the tasks of equality bodies under this Directive in relation to assistance to victims should be considered in conjunction with the Member States’ obligations and the victims’ rights set out in Directive 2012/29/EU

Amendment 16

Proposal for a directive

Recital 23

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. 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.

Amendment 17

Proposal for a directive

Recital 25

(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~~

Amendment 18

~~Amendment 16~~

Proposal for a directive

(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, equality bodies should be empowered to provide their assessment to the complainant and the alleged perpetrator. ~~Member~~Equality ~~States~~bodies 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~~

Amendment 19

~~Amendment 17~~

Proposal for a directive

(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 their opinions and decisions, including a summary ~~of those,~~thereof, without disclosing personal data.

~~Or. en~~

Amendment 20

~~Amendment 18~~

Proposal for a directive

(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 before institutions, adjudicatory bodies and 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 98 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~~

Amendment 21

~~Amendment 19~~

Proposal for a directive

Recital 29

Text proposed by the Commission

Amendment

(29) Legal standing allows equality bodies to act on behalf or in support of victims, allowing them to access justice where procedural and financial barriers or a fear of victimisation often deters them. Legal standing also allows equality bodies to strategically select the cases they decide to pursue in front of national courts, and to contribute to the proper interpretation and application of equal treatment legislation.

Amendment 22

Proposal for a directive

Recital 30

(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 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.~~interest where discrimination has been detected, without the presence of an individual that has been identified as a victim. It is also important that they can act in cases where collective redress is used.

__________________

71 Judgment of 10 July 2008 in Feryn (C-54/07, ECLI:EU:C:2008:397).

~~Or. en~~

Amendment 23

~~Amendment 20~~

Proposal for a directive

Recital 30 a (new)

Text proposed by the Commission

Amendment

(30 a) This Directive also aims at addressing instances of discrimination involving the procedures, routines and organisational culture of any private or public organisation, including law enforcement authorities, that contribute to less favourable outcomes for some particular groups of the population. Equality bodies should be able to step up measures to prevent institutional discrimination, and develop systemic remedies that enable a coherent response to structural or systemic discrimination across all sectors.

Amendment 24

Proposal for a directive

Recital 31

(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.

(31) Equality bodies should also be able to submit oral or written statements to the ~~courts,~~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~~

Amendment 25

~~Amendment 21~~

Proposal for a directive

Recital 32

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.

(32) Equality bodies’ rights to act before institutions, adjudicatory bodies and 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.

Amendment 26

Proposal for a directive

Recital 34

(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.

~~Or. en~~

Amendment 27

~~Amendment 22~~

Proposal for a directive

(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 offices, including mobile ones, the organisation of local campaigns or cooperation with local delegates or civil society organisations.

(36) Access to equality bodies’ services and publications on an equal basis for all should be ~~guaranteed.~~guaranteed, including online. 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~~also, in line with the competences allocated to regional and local authorities, make sure that the services of equality bodies are available to all potential victims throughout their territory, for example through the ~~establishment~~establishment, where necessary, of local and regional offices, including mobile ones, the organisation of local campaigns or cooperation with local delegates or civil society organisations. Special attention should be paid to ensure access for disadvantaged groups.

~~Or. en~~

Amendment 28

~~Amendment 23~~

Proposal for a directive

74 See Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016 p.1-15) and related Implementing Decision.

~~Or. en~~

Amendment 29

~~Amendment 24~~

Proposal for a directive

(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. Where different equality bodies exist, their competences and powers should be ~~leveled up~~reinforced and coordination should be ensured to address overlaps, enable joint action and optimize the use of resources. Equality bodies should cooperate 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 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, 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. Their existence should not however prevent equality bodies from performing their tasks in line with their competences.

~~Or. en~~

Amendment 30

~~Amendment 25~~

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.

Amendment 31

Proposal for a directive

Recital 40

75 Report from the Commission to the European Parliament and the Council on the application of Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (‘the Racial Equality Directive’) and of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (‘the Employment Equality Directive’) SWD(2021) 63 final.

~~Or. en~~

Amendment 32

~~Amendment 26~~

Proposal for a directive

(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,~~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 33

~~Amendment 27~~

Proposal for a directive

(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~~reinforced so that each mandate should as far as possible enjoy the broadest competences and powers available to any of the other mandates.

~~Or. en~~

Amendment 34

~~Amendment 28~~

Proposal for a directive

(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 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~~could contain a specific assessment to evaluate the independent functioning of equality ~~bodies~~bodies.This ~~and~~monitoring itshould not involve the processing of personal data. It should be possible to submit complaints ~~of interferences to~~on ~~the~~alleged ~~Commission.~~unjustified ~~This~~interference ~~monitoring~~with ~~should~~the ~~not~~independence ~~involve~~of ~~the~~equality ~~processing~~bodies ofto ~~personal~~the ~~data.~~Commission.

~~Or. en~~

Amendment 35

~~Amendment 29~~

Proposal for a directive

(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~~requirements ~~giving~~and ~~the~~therefore Member States ~~the~~are ~~option~~encouraged ofto ~~introducing~~introduce or ~~maintaining~~maintain 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~~

Amendment 36

~~Amendment 30~~

Proposal for a directive

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~~ both de jure and de facto 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.~~2010/41/EU

~~Or. en~~

Amendment 37

~~Amendment 31~~

Proposal for a directive

Article 1 – paragraph 2 ~~a (new)~~

Text proposed by the Commission

Amendment

~~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.~~

2. The obligations placed on Member States and the tasks of equality bodies under this Directive shall cover the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU.

~~Or. en~~

2. The obligations placed on Member States and the tasks of equality bodies under this Directive shall cover the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU, as well as cases of structural or systemic discrimination in private and public sectors, including in education, training, housing, health, social protection and law enforcement.

Amendment 3238

Proposal for a directive

Amendment

~~Article 1 a~~

Article1a

Definitions

(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~~

Amendment 39

~~Amendment 33~~

Proposal for a directive

Designation and structure of equality bodies

~~Or. en~~

~~Amendment 34~~

~~Proposal for a directive~~

~~Article 2 – paragraph 1 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.

~~Or. en~~

~~Amendment 35~~

~~Proposal for a directive~~

~~Article 2 – paragraph 2~~

~~Text proposed by the Commission~~

~~Amendment~~

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

Equality bodies may form part of agencies with responsibility at national level for the defence of human rights or the safeguarding of individuals' rights. In those cases, Member States shall ensure visibility of the equality body.

~~Or. en~~

~~Amendment 36~~

~~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 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.

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 of equality bodies, in particular persons holding a managerial position, in order to guarantee their competence and independence.

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 32 – paragraph ~~4 a (new)~~1

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.

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

~~Or. en~~

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

Amendment 41

Proposal for a directive

Article 42 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

~~1. Member States~~1a. ~~shall~~Equality ~~ensure~~bodies ~~that~~may ~~each~~cover ~~equality~~single ~~body~~or ismultiple ~~provided~~grounds. ~~with~~In the ~~human,~~case ~~technical~~of ~~and~~a ~~financial~~multi-ground ~~resources~~equality ~~necessary~~body, tomember ~~perform~~States ~~all~~shall ~~its~~ensure ~~tasks~~a ~~and~~clear toand ~~exercise~~appropriate ~~all~~focus ~~its~~on ~~competences~~each ~~effectively,~~of onthe ~~all~~grounds. ~~the~~The ~~grounds~~competence and inpowers attached to all ~~fields~~mandates ~~covered~~in bysuch ~~Directives~~institution ~~2006/54/EC~~shall be harmonised and ~~2010/41/EU~~reinforced ~~including~~so inthat ~~the~~each ~~event~~mandate ofshall ~~increases~~as infar ~~competences,~~as ~~increases~~possible inenjoy ~~complaints,~~the ~~litigation~~broadest ~~costs~~competences and ~~the~~powers ~~use~~available to any of ~~automated~~the ~~systems.~~other mandates.

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 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.

~~Or. en~~

Amendment 42

Proposal for a directive

Article 42 – paragraph ~~1 a (new)~~2

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.

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

~~Or. en~~

2. Equality bodies may form part of agencies with responsibility at national level for the protection and promotion of human rights insofar as this does not undermine the capacity of either the equality body or the relevant agency to carry out its work. Such structure shall ensure the visibility and involvement of the equality body at all stages and shall allow for full transparency and accountability in the process.

Amendment 43

Proposal for a directive

Article 52 – paragraph ~~1 – point~~2 a (new)

Text proposed by the Commission

Amendment

(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;

2a. Equality bodies shall ensure gender balance in leadership and senior management positions and shall be encouraged to reflect the diversity of society at large.

(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 the capacity to exercise them and on the existence and competences of equality bodies and their services;

~~Or. en~~

Amendment 44

Proposal for a directive

Article 53 – paragraph 1 ~~– point b~~

Text proposed by the Commission

Amendment

(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 that equality bodies are at least able to:~~

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 work programme, actions and exercising their competences, particularly in terms of their legal structure, accountability, budget, staffing and decision making functions. Equality bodies shall not be set up as part of a ministry or body taking instructions directly from the government.

~~Or. en~~

Amendment 45

Proposal for a directive

Article 53 – paragraph ~~1 – point b – point i (new)~~2

Text proposed by the Commission

Amendment

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

~~Or. en~~

2. Member States shall provide for transparent and clear rules and safeguards concerning the selection, appointment, promotion, revocation and potential conflict of interest of the staff and board members of equality bodies. Those rules and safeguards shall concern, in particular, persons holding managerial positions, and ensure transparent, merit-based and participatory procedures in order to guarantee the equality bodies’ competence, autonomy and independence, in particular with regard to avoiding any interference from the government.

Amendment 46

Proposal for a directive

Article 53 – paragraph ~~1 – point b – point ii (new)~~3

Text proposed by the Commission

Amendment

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

~~Or. en~~

3. Member States shall ensure that adequate and sufficient safeguards are in place, in particular in the internal structure of equality bodies, to guarantee the independent exercise of all their competences, whilst still encouraging coherence, 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.

Amendment 47

Proposal for a directive

Article 53 – paragraph ~~1 – point b – point iii (new)~~4

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,~~

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.

~~Or. en~~

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

Amendment 48

Proposal for a directive

Article 53 – paragraph ~~1 – point b – point~~4 iva (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,~~

4 a. Equality bodies that are multi-mandate bodies may take steps to create an internal structure that guarantees the autonomous exercise of their various mandates, if appropriate.

~~Or. en~~

Amendment 49

Proposal for a directive

Article 53 – paragraph ~~1 – point~~4 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,~~

4 b. 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 50

Proposal for a directive

Article 54 – 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.~~

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.

~~Or. en~~

1. Member States shall, in accordance with their national budgetary processes, ensure that each equality body is provided with the human, technical, financial and expert resources necessary to perform all its tasks and to exercise all its competences effectively and with real impact, on all the grounds and in all fields covered by Directives 2006/54/EC and 2010/41/EU .

Amendment 51

Proposal for a directive

Article 54 – paragraph 21 a (new)

Text proposed by the Commission

Amendment

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.

1 a. Member States shall ensure that the budgetary allocation for equality bodies is stable, planned on a multi-year basis and with sufficient contingency inbuilt to allow for unpredictable costs. The making available of such resources to equality bodies does not in any way create any obligation, whether implicit or direct, on the equality body towards the Member State, its government or ministerial entity providing such resources.

In doing so, 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.

~~Or. en~~

Amendment 52

Proposal for a directive

~~Article 6 – title~~

Article 4 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

~~Assistance to victims~~

1 b. Member States shall ensure that in the event of increases in competences, complaints or litigation costs, or in other related 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.

~~Support and assistance to victims~~

~~Or. en~~

Amendment 53

Proposal for a directive

Article 64 – paragraph 1 c (new)

Text proposed by the Commission

Amendment

1.1 c. Member States shall ensure that equality bodies are able to provide ~~assistance~~feedback to ~~victims as~~Equinet ~~set~~to ~~out~~allow inits ~~paragraphs~~consultation 2pursuant to 4.Article 13 of this Directive on legislation, policy, procedures and programmes at Union level.

~~1. Member States shall ensure that equality bodies are able to provide support and assistance to victims in accordance with this Directive.~~

~~Or. en~~

Amendment 54

Proposal for a directive

Article 64 – paragraph ~~3 –~~1 ~~subparagraph~~d 1(new)

Text proposed by the Commission

Amendment

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.

1 d. Member States shall ensure a dedicated and independent budgetary allocation to cover the costs of litigation, to be adjusted yearly on the basis of the actual volume of litigation pursued by the equality body, and which shall be significantly co-financed by EU funding programmes.

Equality bodies shall provide support and assistance to victims, including legal advice and information about the legal framework, particularly on how to issue a complaint, advice targeted to the specific 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 55

Proposal for a directive

Article 65 – paragraph 31 – ~~subparagraph~~point 2a

Text proposed by the Commission

Amendment

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.

(a) adopt a national strategy in consultation with representatives of civil society, and social partners to regularly inform and 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 the capacity to exercise them and on the existence, competences, the role and the accessibility of the different equality bodies and their services; this national strategy shall include information campaigns using different communication tools, including social media; it shall also include, but is not limited to, a plan of dissemination of information, advice, training, support and guidance, to individuals of all ages, and institutions, both private and public;

~~Or. en~~

Amendment 56

Proposal for a directive

Article 65 – paragraph 41 – ~~subparagraph~~point 1a a (new)

Text proposed by the Commission

Amendment

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.

(a a) ensure that the staff of each equality body have received specific training on all grounds of discrimination referred to in Directives 2006/54/EC and 2010/41/EU and on all forms of gender-based violence;

~~deleted~~

~~Or. en~~

Amendment 57

Proposal for a directive

Article 65 – paragraph 41 – ~~subparagraph~~point 2b

Text proposed by the Commission

Amendment

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 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.

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

~~Or. en~~

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

ii) adopt a strategy outlining the steps that will be taken to engage in public dialogue,

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

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,

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

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

vii) collaborate with the provision of training on non-discrimination and fundamental rights addressed to personnel of supervisory authorities to ensure the correct application of Union anti-discrimination and fundamental rights law, including within the area of algorithmic discrimination.

Amendment 58

Proposal for a directive

~~Article 7 a (new)~~

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

~~Article 7 a~~

~~Investigations~~

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, health condition, literacy, nationality, ethnicity, residence status or their lack of access to online tools, taking into account the specific needs of such groups in a given Member State.

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)~~

Article 5 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

~~Article 7 b~~

(2 a) The Commission shall issue guidelines for both strategies 6 months after the adoption of this Directive, give an opinion on the quality and effectiveness of the strategies, and monitor their implementation, including the issuance of biannual reports on their implementation progress.

~~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 86 – title

Text proposed by the Commission

Amendment

~~Opinions and decisions~~

Assistance to victims

~~Non-binding opinions~~

Support and assistance to victims of discrimination

~~Or. en~~

Amendment 61

Proposal for a directive

Article 86 – paragraph 1

Text proposed by the Commission

Amendment

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 able to provide assistance to victims as set out in paragraphs 2 to 4.

~~deleted~~

1. Member States shall ensure that equality bodies are able to provide support and assistance free of charge to victims in accordance with this Directive.

~~Or. en~~

Amendment 62

Proposal for a directive

Article 86 – paragraph 2

Text proposed by the Commission

Amendment

2. ~~Member~~Equality ~~States~~bodies shall ~~provide~~be ~~for~~able ato ~~framework~~receive ~~which~~complaints ~~enables~~of ~~equality~~discrimination, ~~bodies~~orally, toin ~~carry~~writing ~~out~~and ~~fact-finding.~~online.

~~deleted~~

2. Equality bodies shall be able to receive complaints of discrimination in any possible means, including orally, in writing and online.

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 86 – paragraph 23 – 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~~

Equality bodies shall provide support and assistance to victims who have issued a complain, including legal support. The staff of equality bodies shall be able to provide first-hand information to victims and be equipped with skills to recognize psychological needs. Equality bodies shall also be able to offer advice on how to issue a complaint, including on information about the legal framework and their rights therein, advice targeted to the specific situation and needs of the victims, on the services offered by the equality body and related procedural aspects, as well as the possibility to pursue a case in court and other available remedies.

~~Or. en~~

Amendment 64

Proposal for a directive

Article 86 – paragraph 24 – subparagraph 21

Text proposed by the Commission

Amendment

deleted

~~Or. en~~

Amendment 65

Proposal for a directive

Article 87 – paragraph 31

Text proposed by the Commission

Amendment

~~3. Member States may also provide that the alleged perpetrator and any third party is legally bound to provide any information and documents requested by equality bodies.~~

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.

~~deleted~~

Equality bodies shall be able to offer the parties the possibility to seek an amicable resolution to their dispute, inside or outside of court. 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.

~~Or. en~~

Amendment 66

Proposal for a directive

~~Article 8 – paragraph 4 – subparagraph 1~~

Article 7 a (new)

Text proposed by the Commission

Amendment

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.

Article 7 a

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:

Investigations

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

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 and seek to address both individual, structural or systemic discrimination.

~~Or. en~~

2. Member States shall provide for a framework which enables equality bodies to carry out fact-finding investigations, whether upon a complaint or of their own initiative upon reasonable suspicion, in order to ensure that all facts of the case are taken into account for the purposes of their final decision. In particular, that framework shall guarantee that equality bodies have an effective right to access information which is necessary to establish whether discrimination has occurred.

3. Member States shall ensure that public and private entities, and any other concerned third parties, as well as the alleged perpetrator have a duty to cooperate with equality bodies in their investigations and fact finding by providing the requested information, without prejudice to the data rights of every individual. 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 in accordance with national law and practice, if there is no duly justified reason for not providing the requested evidence and/or information and it does not entail personal data.

Amendment 67

Proposal for a directive

~~Article 8 – paragraph 4 – subparagraph 2~~

Article 7 b (new)

Text proposed by the Commission

Amendment

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.

Article 7 b

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;

Opinions and decision-making functions

~~Or. en~~

1. Member States shall ensure that equality bodies have adequate mandates to effectively address discrimination.

2. The functions that equality bodies may have shall include:

(a) receive, examine, hear and conciliate individual and collective complaints of discrimination and take 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;

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

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

(f) impose effective, proportionate and dissuasive sanctions, in accordance with national law and practice, such as payment of compensation for both pecuniary and nonpecuniary damage and fines, when they find there has been a breach of non-discrimination legislation;

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

(h) ensure the implementation of their decisions, opinions and recommendations;

(i) publish their decisions, opinions and recommendations without disclosing personal data, including, where applicable, the sanctions imposed.

3. 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.

Amendment 68

Proposal for a directive

~~Article 8 – paragraph 4 – subparagraph 3~~

Article 8

Text proposed by the Commission

Amendment

Article 8

deleted

Opinions and decisions

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

3. Member States may also provide that the alleged perpetrator and any third party is legally bound to provide any information and documents requested by equality bodies.

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

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

~~Or. en~~

Amendment 69

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.

1. Member States shall ensure that equality bodies have the right to act before institutions, adjudicatory ~~bodies~~bodies, including administrative tribunals, and in court proceedings in ~~administrative and civil law matters relating~~relation 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~~this 5,Article, without prejudice to national rules on the admissibility of actions.

~~Or. en~~

Amendment 70

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

2. The right to act in court proceedings shall atinclude ~~least~~all ~~include:~~of the following, but it is not limited to:

~~Or. en~~

Amendment 71

(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~~Article ~~8(1);~~8(2);

~~Or. en~~

Amendment 72

(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, institutions and adjudicatory ~~bodies~~bodies, including administrative tribunals, as amicus curiae, a third party or expert;

~~Or. en~~

Amendment 73

(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 in its own name, or on behalf or in support of one or several ~~victims;~~victims, in particular in order to address structural or systemic discrimination, including online. In this case, the informed consent of the victims shall be ~~necessary;~~necessary.

~~Or. en~~

Amendment 74

Amendment

(c a) the right to recourse to ~~conciliation~~alternative ~~procedures~~dispute resolution processes, including amicable settings, when appropriate;

~~Or. en~~

Amendment 75

(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 76

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.

~~Or. en~~

Amendment 77

Amendment

2 b. Member States shall ensure that ~~there~~equality isbodies are able to put in place 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.

~~Or. en~~

Amendment 78

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.

~~Or. en~~

Amendment 79

deleted

~~Or. en~~

Amendment 80

deleted

~~Or. en~~

Amendment 81

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.

~~deleted~~

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

~~Or. en~~

Amendment 82

Proposal for a directive

Article 9 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5 a. Member States shall ensure that equality bodies may engage in court proceedings using the evidence gathered under Article 7a(2) and (3) without the prior need to issue an opinion or binding decision.

Amendment 83

Proposal for a directive

Article 10 – paragraph 1

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.

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.~~complainants, and that they put in place internal whistle-blower protections.

~~Or. en~~

Amendment 84

~~Amendment 83~~

Proposal for a directive

Article 10 – paragraph 2

Text proposed by the Commission

Amendment

Decisions referred to in Article 8(4) shall be subject to judicial review, in accordance with national law.

Decisions referred to in Article 7b(1), points (c) to (g) shall be subject to judicial review, in accordance with national law.

Amendment 85

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 at no cost to complainants, throughout their ~~territory~~territory, with the establishment of local and regional offices, where necessary, including in rural and remote areas.

~~Or. en~~

Amendment 86

~~Amendment 84~~

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,and~~that ~~provide~~equality ~~reasonable~~bodies ~~accommodation~~have at their disposal the qualified staff necessary to collaborate with persons with disabilities and those belonging to other groups at risk of discrimination, in order to guarantee equal access to all services, activities and information of equality 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~~in toaccordance with Directive (EU) 2016/2102.

~~Or. en~~

Amendment 87

~~Amendment 85~~

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

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 88

~~Or. en~~

~~Amendment 86~~

Proposal for a directive

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.

~~They shall ensure that equality~~Equality bodies shall have the right to make recommendations on those ~~matters, to publish them~~matters and to require feedback from the authorities ~~concerned.~~concerned, as well as to make proposals to improve and update existing legislation on the promotion of equality.

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.

Members States shall ensure that the recommendations and the feedback required in the framework of the consultation procedure are made publicly available.

~~Or. en~~

Amendment 89

~~Amendment 87~~

Proposal for a directive

Article 14 – paragraph 3

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).

3. Member States shall ensure that equality bodies can access and are provided with 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). Member States shall ensure that this data is provided in an accessible format to equality bodies, so that it can be readily used by them.

Amendment 90

Proposal for a directive

Article 14 – paragraph 5

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 have the human and financial resources necessary to carry out independent surveys, reports and research concerning ~~discrimination~~all forms of discrimination, including intersectional, structural or systemic, online discrimination, as well as commissioning them ~~externally.~~externally, also by using expert support provided by the competent Member States and EU bodies dealing with discrimination such as the European Union Agency for Fundamental Rights or the European Institute for Gender Equality.

~~Or. en~~

Amendment 91

~~Amendment 88~~

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 a report, with recommendations, at least every 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 92

~~Amendment 89~~

Proposal for a directive

(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 93

~~Amendment 90~~

Proposal for a directive

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 a delegated act, establish a list of common indicators at European level to measure the practical effects of this Directive. When preparing the indicators, the Commission shall seek advice from the European Union Agency for Fundamental ~~Rights and~~Rights, the European Institute for Gender Equality and the European Network of Equality Bodies (Equinet). Those indicators shall cover the adequacy of resources, including ~~economic resources~~financial and ~~staff,~~human resources, 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 94

~~Amendment 91~~

Proposal for a directive

2. By [2 years after the date of transposition], and every 2 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 95

~~Amendment 92~~

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 report ~~shall~~may contain a specific assessment to evaluate the independent functioning of equality bodies. Complaints on any interference may be submitted to the Commission who shall further investigate the ~~allegations.~~allegations and assess them in its annual Rule of Law Report, as part of the institutional issues related to checks and balances.

~~Or. en~~

Amendment 96

~~Amendment 93~~

Proposal for a directive

Article 16 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3 a. The Commission may 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.

Amendment 97

Proposal for a directive

Article 18 – paragraph 1

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 98

~~Amendment 94~~

Proposal for a directive

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.

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,~~disability ~~sexual~~or ~~orientation,~~a person’s sex ~~life,~~life or sexual orientation, 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~~

Amendment 99

Proposal for a directive

Article 20 – paragraph 1 – subparagraph 1

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.

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.

EXPLANATORY STATEMENT