Sittings · Document

DRAFT OPINION (COM(2022)0688 – C90409/2022 – 2022/0400(COD)) 2023-07-20

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

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Alice Kuhnke

PA_Legam

AMENDMENTS

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

Amendment 1

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

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

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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

Proposal for a directive

Recital 1 a (new)

Text proposed by the Commission

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 of a person.

Or. en

Amendment 3

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(6) Directives 2006/54/EC and 2010/41/EU require Member States to designate one or more bodies for the promotion of equal treatment, including the analysis, monitoring and support of equal treatment of all persons without discrimination on the grounds covered by the respective Directives (hereinafter ‘equality bodies’). They require Member States to ensure that the competences of these bodies include providing independent assistance to victims, 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

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

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

Or. en

Amendment 5

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 6

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

(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 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 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.

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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

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

(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 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 on more than one ground, and 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.

Or. en

Amendment 8

Proposal for a directive

Recital 16

Text proposed by the Commission

Amendment

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

(16) Equality bodies can only effectively play their role if they are able to act with complete independence without being subject to any external influence. 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, head of the equality body, deputy or in case of interim – should be be selected by open, competency-based and transparent procedures. Equality bodies should be able to decide their internal structure and how to manage their own budget and resources, including by selecting and managing their own staff, and be able to set their own priorities.

Or. en

Amendment 9

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 10

Proposal for a directive

Recital 18

Text proposed by the Commission

Amendment

(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 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 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

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

(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, can lead to algorithmic discrimination which risks perpetuating and exacerbating existing inequalities, discrimination, exclusion and poverty. Equality bodies should therefore be equipped with qualified staff or services, able to understand how automated systems work and 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, 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

Proposal for a directive

Recital 20

Text proposed by the Commission

Amendment

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

(20) Equality bodies, alongside other actors, 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

Proposal for a directive

Recital 21

Text proposed by the Commission

Amendment

(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, as minimum, include the provision of 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.

Or. en

Amendment 14

Proposal for a directive

Recital 22

Text proposed by the Commission

Amendment

(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. 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. 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 whistle-blowers, and to complainants.

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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 25

Text proposed by the Commission

Amendment

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

(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 16

Proposal for a directive

Recital 26

Text proposed by the Commission

Amendment

(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 States should determine the legal value of this assessment that can be a non-binding opinion or a binding enforceable decision. It is up to the equality bodies to decide whether they should issue non-binding opinions or binding enforceable decisions. Both opinions and decisions should state the reasons for the assessment and include, where necessary, measures to remedy any breach found and to prevent further occurrences. Binding enforceable decisions can include sanctions. To ensure the effectiveness of equality bodies’ work, Member States should adopt appropriate measures for the follow-up of opinions and the enforcement of decisions.

Or. en

Amendment 17

Proposal for a directive

Recital 27

Text proposed by the Commission

Amendment

(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, without disclosing personal data.

Or. en

Amendment 18

Proposal for a directive

Recital 28

Text proposed by the Commission

Amendment

(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 9 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 19

Proposal for a directive

Recital 30

Text proposed by the Commission

Amendment

(30) Some instances of discrimination are difficult to fight because there is no complainant pursuing the case themselves. In its judgment in Case C-54/07 (Feryn)71 , which was brought by an equality body in its own name, the Court of Justice confirmed that discrimination can be established even in the absence of an identified victim. It is therefore important that equality bodies can act in their own name, to defend the public interest.

(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, for instance in cases of structural or systemic discrimination. It is therefore important that equality bodies can act in their own name, to defend the public interest.

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

Or. en

Amendment 20

Proposal for a directive

Recital 31

Text proposed by the Commission

Amendment

(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, 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 21

Proposal for a directive

Recital 34

Text proposed by the Commission

Amendment

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

(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 22

Proposal for a directive

Recital 36

Text proposed by the Commission

Amendment

(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. For that purpose, potential barriers to access to equality bodies’ services should be identified and addressed. Services should be free of charge for complainants. Member States should also make sure that the services of equality bodies are available to all potential victims throughout their territory, for example through the establishment of local and regional offices, including mobile ones, the organisation of local campaigns or cooperation with local delegates or civil society organisations.

Or. en

Amendment 23

Proposal for a directive

Recital 37

Text proposed by the Commission

Amendment

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

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73 OJ L 23, 27.1.2010, p. 37.

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 24

Proposal for a directive

Recital 38

Text proposed by the Commission

Amendment

(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 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 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).

Or. en

Amendment 25

Proposal for a directive

Recital 40

Text proposed by the Commission

Amendment

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

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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 26

Proposal for a directive

Recital 41

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 27

Proposal for a directive

Recital 42

Text proposed by the Commission

Amendment

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

Or. en

Amendment 28

Proposal for a directive

Recital 43

Text proposed by the Commission

Amendment

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

Or. en

Amendment 29

Proposal for a directive

Recital 44

Text proposed by the Commission

Amendment

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

(44) This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions. 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 30

Proposal for a directive

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

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

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

Or. en

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.

Or. en

Amendment 32

Proposal for a directive

Article 1 a (new)

Text proposed by the Commission

Amendment

Article 1 a

Definitions

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

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

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

Or. en

Amendment 33

Proposal for a directive

Article 2 – title

Text proposed by the Commission

Amendment

Designation of equality bodies

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 3 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

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

Or. en

Amendment 41

Proposal for a directive

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

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

1. Member States shall ensure that each equality body is provided with the 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 4 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

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

Or. en

Amendment 43

Proposal for a directive

Article 5 – paragraph 1 – point a

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;

(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 5 – 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:

Or. en

Amendment 45

Proposal for a directive

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

Text proposed by the Commission

Amendment

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

Or. en

Amendment 46

Proposal for a directive

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

Text proposed by the Commission

Amendment

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

Or. en

Amendment 47

Proposal for a directive

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

Text proposed by the Commission

Amendment

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

Or. en

Amendment 48

Proposal for a directive

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

Text proposed by the Commission

Amendment

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

Or. en

Amendment 49

Proposal for a directive

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

Text proposed by the Commission

Amendment

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

Or. en

Amendment 50

Proposal for a directive

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

Text proposed by the Commission

Amendment

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

Or. en

Amendment 51

Proposal for a directive

Article 5 – paragraph 2

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.

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

Text proposed by the Commission

Amendment

Assistance to victims

Support and assistance to victims

Or. en

Amendment 53

Proposal for a directive

Article 6 – paragraph 1

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 54

Proposal for a directive

Article 6 – paragraph 3 – subparagraph 1

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.

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 6 – paragraph 3 – subparagraph 2

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.

Or. en

Amendment 56

Proposal for a directive

Article 6 – paragraph 4 – subparagraph 1

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.

deleted

Or. en

Amendment 57

Proposal for a directive

Article 6 – paragraph 4 – subparagraph 2

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.

Or. en

Amendment 58

Proposal for a directive

Article 7 a (new)

Text proposed by the Commission

Amendment

Article 7 a

Investigations

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

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

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

Or. en

Amendment 59

Proposal for a directive

Article 7 b (new)

Text proposed by the Commission

Amendment

Article 7 b

Decision-making competences

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

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

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

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

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

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

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

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

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

Or. en

Amendment 60

Proposal for a directive

Article 8 – title

Text proposed by the Commission

Amendment

Opinions and decisions

Non-binding opinions

Or. en

Amendment 61

Proposal for a directive

Article 8 – 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.

deleted

Or. en

Amendment 62

Proposal for a directive

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

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

deleted

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

Or. en

Amendment 63

Proposal for a directive

Article 8 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

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

deleted

Or. en

Amendment 64

Proposal for a directive

Article 8 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 65

Proposal for a directive

Article 8 – paragraph 3

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.

deleted

Or. en

Amendment 66

Proposal for a directive

Article 8 – paragraph 4 – subparagraph 1

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.

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

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

Or. en

Amendment 67

Proposal for a directive

Article 8 – paragraph 4 – subparagraph 2

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.

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

Or. en

Amendment 68

Proposal for a directive

Article 8 – paragraph 4 – subparagraph 3

Text proposed by the Commission

Amendment

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

Proposal for a directive

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

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 and in court proceedings in administrative and civil law matters relating to the implementation of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU in accordance with paragraphs 2 to 5, without prejudice to national rules on the admissibility of actions.

Or. en

Amendment 70

Proposal for a directive

Article 9 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 71

Proposal for a directive

Article 9 – paragraph 2 – point a

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 72

Proposal for a directive

Article 9 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(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 as amicus curiae, a third party or expert;

Or. en

Amendment 73

Proposal for a directive

Article 9 – paragraph 2 – point c

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 74

Proposal for a directive

Article 9 – paragraph 2 – point c a (new)

Text proposed by the Commission

Amendment

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

Or. en

Amendment 75

Proposal for a directive

Article 9 – paragraph 2 – point c b (new)

Text proposed by the Commission

Amendment

(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

Proposal for a directive

Article 9 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

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

Proposal for a directive

Article 9 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

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

Or. en

Amendment 78

Proposal for a directive

Article 9 – paragraph 2 c (new)

Text proposed by the Commission

Amendment

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

Proposal for a directive

Article 9 – paragraph 3

Text proposed by the Commission

Amendment

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

deleted

Or. en

Amendment 80

Proposal for a directive

Article 9 – paragraph 4

Text proposed by the Commission

Amendment

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

deleted

Or. en

Amendment 81

Proposal for a directive

Article 9 – paragraph 5

Text proposed by the Commission

Amendment

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

deleted

Or. en

Amendment 82

Proposal for a directive

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall ensure that, in the procedures referred to in Articles 6, 7, 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.

Or. en

Amendment 83

Proposal for a directive

Article 11 – paragraph 2

Text proposed by the Commission

Amendment

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 with the establishment of local and regional offices, including in rural and remote areas.

Or. en

Amendment 84

Proposal for a directive

Article 11 – paragraph 3

Text proposed by the Commission

Amendment

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 provide reasonable accommodation 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 according to Directive (EU) 2016/2102.

Or. en

Amendment 85

Proposal for a directive

Article 12 – paragraph 1

Text proposed by the Commission

Amendment

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 cooperation shall not involve the exchange of personal data.

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.

Or. en

Amendment 86

Proposal for a directive

Article 13 – paragraph 2

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 87

Proposal for a directive

Article 14 – paragraph 5

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 88

Proposal for a directive

Article 15 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(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 89

Proposal for a directive

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

Text proposed by the Commission

Amendment

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

Or. en

Amendment 90

Proposal for a directive

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

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 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 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 and staff, key elements of the independent functioning, activities, and effectiveness of equality bodies, as well as evolutions in their mandate, powers or structure, ensuring the comparability, objectivity and reliability of the data collected at national level.

Or. en

Amendment 91

Proposal for a directive

Article 16 – paragraph 2

Text proposed by the Commission

Amendment

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

2. By [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 92

Proposal for a directive

Article 16 – paragraph 3

Text proposed by the Commission

Amendment

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 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.

Or. en

Amendment 93

Proposal for a directive

Article 18 – paragraph 1

Text proposed by the Commission

Amendment

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

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

Or. en

Amendment 94

Proposal for a directive

Article 18 – paragraph 2

Text proposed by the Commission

Amendment

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, sexual orientation, sex life, health, biometric or genetic data, it shall be carried out in full compliance with Article 9 of Regulation (EU) 2016/679, and that suitable and specific measures are provided to safeguard the fundamental rights and the interests of the data subject in accordance with Article 9(2)(g) of Regulation (EU) 2016/679.

Or. en

EXPLANATORY STATEMENT

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

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

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

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

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

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

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

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