2022/0400(COD) | [ParlTrack]

Proposal for a directive
Recital 12

Amendment 101 #

Irène TOLLERET, Max ORVILLE, Atidzhe ALIEVA-VELI, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Lucia ĎURIŠ NICHOLSONOVÁ, Karen MELCHIOR

Proposal for a directive
Recital 12 a (new)

(12a) Equality bodies’ action to ensure the application of the principle of equal opportunities and equal treatment of men and women should include grounds of discrimination such as gender, gender identity, gender expression and those listed in article 21 of the Charter of Fundamental Rights such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation, as well as intersectional discrimination.

Amendment 101 #

Proposal for a directive
Recital 14

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

Amendment 102 #

(13a) It is vitally important to avoid the introduction of rules that would disrupt the natural processes connected with work and care. The equality bodies should respect the individual choices that parents and carers make, without causing undue stress for employers or violating their right to make independent decisions.

Amendment 102 #

Proposal for a directive
Recital 15

(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 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 acknowledging that discrimination often affects persons on more than one ground, which creates specific disadvantage. Provisions relating to intersectional discrimination in 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 mechanisms should be taken into account in the implementation of this Direcitive.

Amendment 103 #

Irène TOLLERET, Max ORVILLE, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Recital 14

(14) ~~The proposed Directive~~Directive (EU) 2023/970 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 h~~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. _________________ 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).

Amendment 103 #

Proposal for a directive
Recital 15

Amendment 104 #

Proposal for a directive
Recital 14

(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. _________________ 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).

Amendment 104 #

Proposal for a directive
Recital 15

Amendment 105 #

(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.

Amendment 105 #

Proposal for a directive
Recital 16

(16) Equality bodies can only effectively play their role if they are able to take decisions and act with complete independence without being subject to any external influence, and especially political 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, in accordance with their national priorities in correlation with European priorities.

Amendment 106 #

Proposal for a directive
Recital 15

(15) In promoting equal treatment, preventing discrimination and assisting victims of discrimination, equality bodies should pay particular attention to discrimination and multiple 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. or based on the intersection between those grounds, acknowledging that discrimination often affects persons on more than one ground and creates a specific disadvantage.

Amendment 106 #

Proposal for a directive
Recital 16

(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 of open competition. 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.

Amendment 107 #

Irène TOLLERET, Max ORVILLE, Atidzhe ALIEVA-VELI, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Recital 15

(15) In promoting equal treatment, preventing discrimination and assisting victims of discrimination, equality bodies should pay particular attention to multiple and instersectional 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.

Amendment 107 #

Proposal for a directive
Recital 17

(17) To ensure that equality bodies can exercise all their competences and fulfil all their tasks, ~~Member States~~they should ensure that their 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.

Amendment 108 #

Proposal for a directive
Recital 15 a (new)

(15a) Equality bodies should be encouraged to act as sources of information and training rather than supervisory bodies. They should aim to promote understanding and open dialogue instead of becoming tools for driving certain ideologies. Their role should be advisory in nature, helping individuals and organisations to make valid choices.

Amendment 108 #

Proposal for a directive
Recital 18

(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, 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. 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 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.

Amendment 109 #

Proposal for a directive
Recital 15 a (new)

(15a.) The work of equality bodies must take into consideration, based on the economic and social structure of each Member State, the particular circumstances of small and medium-sized enterprises. The situation of self-employed workers should be treated likewise in terms of their structure;

Amendment 109 #

Proposal for a directive
Recital 18

(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~~staff appropriately qualified to fulfil the tasks for which they are responsible, 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~~the event of an increase in competences and hence in the staff at the organisation, 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.

Amendment 110 #

Proposal for a directive
Recital 16

(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 or working under governmental objectives. 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 must examine public policies and their outcomes and insufficiencies, therefore, to avoid conflicts of interest, they cannot be linked to the governments responsible for implementing those policies. Equality bodies should be able to manage their own budget and resources, on a stable basis, including by selecting and managing their own staff, and be able to set their own priorities.

Amendment 110 #

Proposal for a directive
Recital 18

(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,~~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.

Amendment 111 #

Proposal for a directive
Recital 16

(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. Equality bodies should be free of inappropriate political influence and external pressure. Their structure should ensure a clear separation of functions in order to avoid conflicts of interest.

Amendment 111 #

Proposal for a directive
Recital 19

(19) Automated systems, including artificial intelligence~~, represent a useful tool to identify discrimination patterns, but algorithmic discrimination is also a risk~~ can and do lead to algorithmic discrimination and thereby perpetuate inequality and discrimination. Equality bodies should therefore ~~have access to~~be equipped with qualified staff ~~or services, able to use automated systems for their work on the one hand and to assess them~~who are able to to assess automated systems 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~~.

Amendment 112 #

Proposal for a directive
Recital 16

(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 or seeking instructions directly from the government. Any permanent or temporary staff member or person holding a managerial position – for example as member of a board managing the equality body, head of the equality body, or deputy ~~or in case of interim~~ – should be independent, qualified for their position, and selected through a transparent process. The transparency in this process can be ensured, for example, by publishing vacancy notices publicly. 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.

Amendment 112 #

Proposal for a directive
Recital 19

(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~~be equipped with expert, 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 and training on the use of automated systems, be it directly or by way of subcontracting.

Amendment 113 #

Carina OHLSSON, Vilija BLINKEVIČIŪTĖ, Heléne FRITZON, Gabriele BISCHOFF, Pina PICIERNO, Vera TAX, Elisabetta GUALMINI, Daniela RONDINELLI, Robert BIEDROŃ, Alicia HOMS GINEL, Lina GÁLVEZ MUÑOZ, Estrella DURÁ FERRANDIS, Maria NOICHL, Marianne VIND

Proposal for a directive
Recital 16

(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, while respecting the principle of gender balance on all levels of staff, and be able to set their own priorities.

Amendment 113 #

Proposal for a directive
Recital 21

(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 Stat~~Equality bodies themselves should be in charge of defining the modalities under which the ~~equality bod~~y would issue this assessment, such as the timeframe of the process or procedural safeguards against repetitive or abusive complaints. Member States should guarantee that the preliminary assessment process is not burdensome for equality bodies, and nor should it bind the equality body in its future actions and decisions.

Amendment 114 #

Proposal for a directive
Recital 16

(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, participatory and competence- based 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 and implement them accordingly.

Amendment 114 #

Proposal for a directive
Recital 21

(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.

Amendment 115 #

Proposal for a directive
Recital 16

(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 ensure the independence of equality bodies. Equality bodies should not be set up as part of a ministry or body taking instructions directly from the government. Any staff member or person holding a managerial position – for example as member of a board managing the equality body, head of the equality body, deputy or in case of interim – should be independent, qualified for their position, and selected through a transparent process. 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.

Amendment 115 #

Proposal for a directive
Recital 21

(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 appropriate and reasonable timeframe of the process or procedural safeguards against repetitive or abusive complaints.

Amendment 116 #

Proposal for a directive
Recital 16

(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.~~

Amendment 116 #

Proposal for a directive
Recital 22

(22) To ensure that all victims are able to complain, it should be possible to submit complaints in various ways, including through the establishment of local offices or the establishment of accessible digital tools and platforms. 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~~ understands. 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. _________________ 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).

Amendment 117 #

Proposal for a directive
Recital 16 a (new)

(16a) Equality bodies must be independent of government but are not intended to form a political opposition; they must be completely independent of all political parties, as well as any kind of politicised and ideological lobbies, pressure groups and influence groups.

Amendment 117 #

Proposal for a directive
Recital 22

(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 and others entities involved . _________________ 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).

Amendment 118 #

Proposal for a directive
Recital 17

(17) To ensure that equality bodies can exercise all their competences and fulfil all their tasks, ~~Member States should ensure that the~~they should determine their internal structure ~~of equality bodies~~in a way that 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.

Amendment 118 #

(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 ofthat the complainant~~'s choosing which is common in the Member State where the equality body is locate~~ 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 and whistle- blowers, and as far as possible, 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).

Amendment 119 #

Proposal for a directive
Recital 17

(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~~they should determine their structure in a way that 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.

Amendment 119 #

Proposal for a directive
Recital 23

(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 120 #

Irène TOLLERET, Max ORVILLE, Atidzhe ALIEVA-VELI, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Recital 17

(17) To ensure that equality bodies can exercise all their competences and fulfil all their tasks, Member States should ~~ensure that~~guarantee the autonomy of equality bodies in the determination of their internal structure ~~of equality bodies~~in a way that 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.

Amendment 120 #

Proposal for a directive
Recital 23

(23) To offer a possibility for a quick, as far as possible 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.

Amendment 121 #

Proposal for a directive
Recital 17

(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.Does not affect the English version.)

Amendment 121 #

Proposal for a directive
Recital 27

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

Amendment 122 #

Proposal for a directive
Recital 17 a (new)

(17a) Equality bodies need to contribute to the common good within the framework of the branches of government – legislative, executive and judicial – in a representative democracy. To this end, an appropriate accountability regime must be put in place to ensure that equality bodies pursue the aims of this Directive;

Amendment 122 #

Proposal for a directive
Recital 28

(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 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.

Amendment 123 #

Proposal for a directive
Recital 18

(18) The lack of appropriate and stable human, technical and financial resources is a key issue hampering the ability of equality bodies to adequately fulfil their tasks. Therefore, Member States should ensure that equality bodies receive sufficient funding, can hire the necessary amount of qualified staff and have appropriate premises and infrastructure to carry out each of their tasks effectively, within reasonable time and within the deadlines established by national law. Their budgetary allocation should be stable~~, except in case of increase in competences, planned on a multi- annual basis, and~~ and planned on a multi-annual basis. Where the competences of equality bodies are increased, Member States should ensure that their resources and budget are adjusted accordingly. Member States should ensure that equality bodies’ budgets allow them to cover costs that may be difficult to anticipate such as costs linked to litigation. To ensure that equality bodies are provided with sufficient and stable resources, their 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 and should take into account national inflation rates. Resources should increase proportionally if equality bodies’ tasks and mandate are expanded. and they should be sufficient to enable equality bodies to collect data and conduct research.

Amendment 123 #

Proposal for a directive
Recital 29

(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, as well as to the regular supplementing and improvement of existing legislation.

Amendment 124 #

Proposal for a directive
Recital 18

(18) The lack of ~~appropriate~~balanced 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~~balanced 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~~balanced and planned on a multi-annual basis. To ensure that equality bodies are provided with ~~sufficient~~balanced 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 expandedResources of equality bodies should ensure the latter's efficient functioning. The multiplication of equality bodies in the same Member State is not considered to be good practice.

Amendment 124 #

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 be established even in the absence of an identified victim. It is therefore important that equality bodies can act and initiate court proceedings in their own name, to defend the public interest. where discrimination has been detected, without the presence of an individual 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).

Amendment 125 #

Proposal for a directive
Recital 18

(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 be any arbitrary or disproportionate reduction in the budget of the equality bodies not suffer cuts that are significantly higher than the average cuts to other public entities; similarly, 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.

Amendment 125 #

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

Amendment 126 #

Irène TOLLERET, Max ORVILLE, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Lucia ĎURIŠ NICHOLSONOVÁ, Karen MELCHIOR

(18) The lack of a~~ppropriate~~dequate human, material, technical and financial resources is a key issue hampering the ability of equality bodies to ~~adequat~~effectively fulfil their tasks. Therefore, Member States should ensure that equality bodies receive ~~sufficient~~adequate funding, can hire qualified staff ~~and~~, have appropriate premises and infrastructure to carry out each of their tasks effectively, within a reasonable time and within the deadlines established by national law~~. Their~~ and have budgetary a~~llocation should be stable, except in case of increase in competence~~nd financial autonomy. Member States should ensure that human, material, technical and financial allocation of equality bodies increase proportionally to any extention of their missions and field of intervention or additional competences, especially their rights to act in court proceedings, planned on a multi-annual basis, and allow them to cover costs that may be difficult to anticipate such as increases in complaints and 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 expandedadequate resources, their annual growth should at least be pegged to the average growth in funding to other similar public entities.

Amendment 126 #

Proposal for a directive
Recital 30 a (new)

(30a) 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 127 #

Proposal for a directive
Recital 18 a (new)

(18a) In order to ensure the independence of equality bodies, they must avoid any political bias, manipulation or ideologisation of their functions in their actions and respect the common criteria set out in this Directive;

Amendment 127 #

Proposal for a directive
Recital 31

(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.

Amendment 128 #

Proposal for a directive
Recital 18 b (new)

(18b) Resources intended for the execution of the work of equality bodies must be optimised in order to effectively and efficiently serve the objectives established in this Directive. To this end, the work of equality bodies must be subject to transparency checks;

Amendment 128 #

Proposal for a directive
Recital 32

(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 129 #

Proposal for a directive
Recital 18 c (new)

(18c) In particular, the optimisation of resources may be carried out through appropriate cooperation between equality bodies and the labour inspectorate;

Amendment 129 #

Proposal for a directive
Recital 35

(35) The effectiveness of equality bodies’ work also depends on giving groups at risk of discrimination full access to their services. In a survey conducted by the European Union Fundamental Rights Agency72 , 71% of members of ethnic or immigrant minority groups reported to be unaware of any organisation offering support or advice to victims of discrimination. A key step to support this access is for each Member States to provide information in all of its official languages when requested and to provide key information in English in order to ensure that people know their rights and are aware of the existence of and services offered by equality bodies. This is particularly important for disadvantaged groups ~~and groups~~ whose access to that information can be hindered, for example by their economic status, their disability, their literacy or their lack of access to online tools. _________________ 72 FRA EU-MIDIS II Survey.

Amendment 130 #

Proposal for a directive
Recital 19

(19) Automated systems, including artificial intelligence, ~~represent a useful tool to identify discrimination patterns, but algorithmic discrimination is also a risk~~can lead to algorithmic discrimination which risks perpetuating and exacerbating existing inequalities, discrimination, exclusion and poverty. Equality bodies should therefore ~~have access to~~be equipped with qualified staff or services, able to usenderstand how automated systems ~~for their work on the one hand and to~~work and can lead to algorithmic discrimination, 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~~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.

Amendment 130 #

Proposal for a directive
Recital 36

(36) Access to equality bodies’ services and publications on an equal basis for all should be guaranteed, including through the provision of digital platforms or tools. 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. Special attention should be paid to ensure access for disadvantaged groups.

Amendment 131 #

Proposal for a directive
Recital 19

(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, training and expertise, be it directly or by way of subcontracting. Automated systems should comply with accessibility requirements for persons with disabilities in accordance with Annex I of Directive (EU) 2019/882.

Amendment 131 #

Proposal for a directive
Recital 36

Amendment 132 #

Proposal for a directive
Recital 19

(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~~balanced digital resources, be it directly or by way of subcontracting. The due digitalisation of equality bodies should increase their efficiency.

Amendment 132 #

Proposal for a directive
Recital 37

(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. Under their mandate, equality bodies should cover all forms of discrimination faced by persons with disabilities in line with the UNCRPD, including direct and indirect discrimination, denial of reasonable accommodation, discrimination by association, harassment, instruction to discriminate, as well as victimization and hate speech. _________________ 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.

Amendment 133 #

Proposal for a directive
Recital 20

(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.

Amendment 133 #

Proposal for a directive
Recital 38

(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 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.

Amendment 134 #

Proposal for a directive
Recital 20

(20) Equality bodies, alongside other actors, and in particular social partners, 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 both public and private entities, and provide them with relevant training, information, advice, guidance and support. They should communicate with ~~public and private entities~~, and provide information to, public and private entities, in particular labour inspectorates, interest representatives, social partners and civil society organisations, and groups at risks of discrimination and engage in public debate in order to combat stereotypes and raise awareness about diversity and its benefits, a key pillar of the Union’s equality strategies. Member States and the Union should ensure that equality bodies receive sufficient and proportionate funding to be able to carry out their tasks, especially as regards promotion and awareness-raising.

Amendment 134 #

Proposal for a directive
Recital 39

(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 and publish recommendations and ~~publish them~~should be able to demand that authorities and officials respond within a reasonable time.

Amendment 135 #

Proposal for a directive
Recital 20

(20) Equality bodies, alongside other actors, have a key role to play in the prevention of discrimination and the promotion of equality. T~~o address the structural aspects of discrimination and to contribute to social change, they should~~hey 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.

Amendment 135 #

Proposal for a directive
Recital 41

(41) In addition to publishing an annual report on their activities, equality bodies ~~should~~may 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.

Amendment 136 #

Proposal for a directive
Recital 20

(20) Equality bodies, alongside other actors, such as social partners and civil society organisations, 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.

Amendment 136 #

Proposal for a directive
Recital 43

Amendment 137 #

Proposal for a directive
Recital 20

(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, tequality bodies should be empowered to carry out activities to prevent discrimination and to promote equal treatment. 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, without prejudice to the competences of labour inspectorates or other enforcement bodies, as well as the social partners. They should communicate with public and private entities and groups at risks of discrimination in order to ensure an intersectional approach and to combat underreporting 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.

Amendment 137 #

Proposal for a directive
Recital 44

(44) This Directive lays down minimum requirements~~, thus giving the Member States the option of~~ and therefore Member States are encouraged to introduc~~ing~~e or maintain~~ing~~ 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.

Amendment 138 #

Proposal for a directive
Recital 20

(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. Their role in promoting equality should be in balance with a recognition of the freedom of choice that individuals have. Public participation should promote open dialogue and understanding, without forcing certain points of view.

Amendment 138 #

Proposal for a directive
Article 1 – paragraph 2

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 law enforcement authorities.

Amendment 139 #

Proposal for a directive
Recital 20

(20) Equality bodies, alongside other actors, ~~have a~~and in particular social partners and civil society organisations, have a primary 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.

Amendment 139 #

Proposal for a directive
Article 2 – title

De~~signation of equality bodies~~finition and Structure

Amendment 140 #

Proposal for a directive
Recital 20 a (new)

(20a) To ensure that equality bodies actively consider the objective of equality between women and men, in all their diversity, when implementing provisions in the areas referred to in this Directive, Member States should actively promote gender mainstreaming and gender budgeting, as internationally recognised tools to reach gender equality.

Amendment 140 #

Proposal for a directive
Article 2 – paragraph 1

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 141 #

Irène TOLLERET, Max ORVILLE, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Lucia ĎURIŠ NICHOLSONOVÁ, Karen MELCHIOR

Proposal for a directive
Recital 21

(21) Beyond prevention, a central task of equality bodies is to provide assistance to victims of discrimination. This assistance should always be free of charge and 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~~including whether the procedure will be closed or there are grounds to pursue it further. This preliminary assessment should be based on the initial information gathered from the parties on a voluntary basis or handed over upon request. In order to guarantee a simple and quick procedure, Member States should ensure that the equality body is in charge of defining the modalities under which it~~he equality body~~ would issue this assessment, such as the timeframe of the process or procedural safeguards against repetitive or abusive complaints.

Amendment 141 #

Proposal for a directive
Article 2 – paragraph 2

Equality bodies may form part of agencies with responsibility at national level for the ~~defence of human rights or the safeguarding of individuals' right~~protection and safeguarding of human rights. 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 142 #

Proposal for a directive
Recital 21

(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, including whether there are grounds to pursue their complaint further or it will be closed.

Amendment 142 #

Proposal for a directive
Article 2 – paragraph 2

Equality bodies may form part of agencies with responsibility at national level for the defence of human rights or the safeguarding of individuals' rights, insofar as this does not undermine the capacity of either the equality body or the relevant agency to carry out its work.

Amendment 143 #

Proposal for a directive
Recital 21

(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. This process should remain voluntary, and there should be procedural safeguards in place to prevent abuse of the complaints procedure.

Amendment 143 #

Proposal for a directive
Article 2 – paragraph 2 a (new)

This directive is without prejudice to the competences of labour inspectorates or other enforcement bodies, as well as the social partners.

Amendment 144 #

Proposal for a directive
Recital 21

(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, a~~lways~~s minimum, include the provision of ~~key~~ information to complainants ~~and a preliminary assessment of their complaint, bas~~, including legal advice, advice targeted to the specific needs onf the ~~initial~~victims, and information ~~gathered from the parties on a voluntary basis. Member States should be in charge of defining the modalit~~concerning procedural aspects, including remedies uand~~er which the equality body would issue this assessment, such as the timeframe of the process or procedural safeguards against repetitive or abusive complaints~~ how to bring a case to the court.

Amendment 144 #

Proposal for a directive
Article 3 – paragraph 1

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. Equality bodies shall not be set up as part of a ministry or body taking instructions directly from the government.

Amendment 145 #

Proposal for a directive
Recital 21

(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, so that it may effectively be integrated into their legal system.

Amendment 145 #

Proposal for a directive
Article 3 – paragraph 1

Amendment 146 #

Proposal for a directive
Recital 21

(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 modaliti~~This preliminary assessment should be done by a professional with adequate legal competences uand~~er which the equality body would issue this assessment, such as the timeframe of the process or procedural safeguards against repetitive or abusive complaints~~ / or training, in order to give the victim the best advice on the matter.

Amendment 146 #

Proposal for a directive
Article 3 – paragraph 1

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

Amendment 147 #

Proposal for a directive
Recital 22

(22) To ensure that all victims are able to complain, it should be possible to submit complaints in various ways, including orally, in writing and online and through a designated representative. 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 and alleged perpetrators. _________________ 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).

Amendment 147 #

Proposal for a directive
Article 3 – paragraph 1

1. Member States shall take measures to ensure that equality bodies are ~~independent and~~fully autonomous and independent. They must be free from external influence in performing their tasks and exercising their competences, in particular ~~as regards~~ly in terms of their legal structure, accountability, budget, staffing, and ~~organisat~~decisional ma~~tter~~king processes.

Amendment 148 #

Proposal for a directive
Recital 22

(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. Similarly, assistance in submitting complaints in accessible formats for persons with disabilities should also be facilitated. 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. _________________ 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).

Amendment 148 #

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 (new)

Equality bodies shall be completely distinct and free, structurually, methodologically and legally, from any ministerial, governmental or related entities or bodies.

Amendment 149 #

Proposal for a directive
Recital 22

(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. _________________ 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).

Amendment 149 #

Proposal for a directive
Article 3 – paragraph 1 a (new)

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

Amendment 150 #

Proposal for a directive
Recital 22

(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 uand~~er which~~ make sure that submission of complaints should be possible in a language ofthat the complainant~~'s choosing which is common in the Member State where the equality body is locate~~ 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 ~~and~~ whistle- blowers, and ~~as far as possible,~~ 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).

Amendment 150 #

Proposal for a directive
Article 3 – paragraph 2

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

Amendment 151 #

Proposal for a directive
Recital 23

(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~~resolve their disputes by means of alternative dispute resolution through a conciliation and mediation board. Such a process should be led by the equality body or another existing independent, mediation or conciliation body or another 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. The conciliation and mediation board should consist of experts in human rights law from both parties. Decisions of the conciliation and mediation board should be legally binding provided that both parties to the dispute agree. Member States should ensure a sufficient limitation period to guarantee that the parties to a dispute have access to court where they do not reach an agreement at the end of the conciliation and mediation process.

Amendment 151 #

Proposal for a directive
Article 3 – paragraph 2

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, impartiality and independence, in particular with regard to avoiding any interference from the goverment.

Amendment 152 #

Proposal for a directive
Recital 23

(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 amicabl~~resolve their disputes by means of alternative resolutions t~~o their disputes, by~~hrough a conciliation body under the coordination of the the equality body or another existing independent dedicated entity~~. They should define the modalities of the amicable settlement~~ which is not under influence or power of the government. Given that every employee has access to legal counselling, these processes should never dismiss the presence of a lawyer to properly advise the victim of discrimination and ensure that the outcome does not jeopardize their rights. Even out of court, any settlement should be mediated by a procfess ~~according to national law~~ional with adequate legal competences, in order to give the victim the best advice on the matter and conduct the best settlement possible.

Amendment 152 #

Proposal for a directive
Article 3 – paragraph 2

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, including members of governing or management boards, where applicable, in order to guarantee their competence and independence.

Amendment 153 #

Irène TOLLERET, Max ORVILLE, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Lucia ĎURIŠ NICHOLSONOVÁ, Karen MELCHIOR

Proposal for a directive
Recital 23

(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 a~~micabl~~lternative resolution to their disputes, by the equality body or another existing dedicated entity. They should define the modalities of the a~~micabl~~lternative dispute settlement process according to national law and practice. They also ensure that initiating such a procedure does not prevent the parties from exercising their right of access to justice.

Amendment 153 #

2. Member States shall provide for transparent and clear 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.

Amendment 154 #

Irène TOLLERET, Max ORVILLE, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

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 compel access to the necessary information and documents to establish discrimination and cooperate with the relevant public services – such as labour inspectorates or education inspectorates and social partners. Member States should establish an appropriate framework for the exercise of this competence, in accordance with national rules and procedures. Equality bodies may fully or partially entrust another competent body with conducting or collaborating on inquiries. This competent body should provide the equality body, upon its request, with the results of the inquiry.

Amendment 154 #

Proposal for a directive
Article 3 – paragraph 2

2. Member States shall provide for transparentcy 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~~board members, those in managerial position, and other decision making players, in order to guarantee their ~~competence~~autonomy and independence.

Amendment 155 #

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 ~~establish~~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.

Amendment 155 #

Proposal for a directive
Article 3 – paragraph 2

2. Member States shall provide for transparent rules and safeguards concerning the selection, appointment, promotion, 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.

Amendment 156 #

Proposal for a directive
Recital 26

(26) On the basis of the evidence gathered, ~~either voluntarily or through an investigation,~~ 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. ~~Both~~It is up to the equality bodies to decide whether they should issue non-binding opinions or binding enforceable decisions. Both options 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.

Amendment 156 #

Proposal for a directive
Article 3 – paragraph 3

3. Member States shall ensure that the appropriate ~~safeguard~~checks and balances 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.

Amendment 157 #

Proposal for a directive
Recital 26

(26) On the basis of the evidence gathered, either voluntarily or through an investigation, 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. 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.

Amendment 157 #

Proposal for a directive
Article 3 – paragraph 3

3. ~~Member States shall~~Equality bodies may, where appropriate, 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.

Amendment 158 #

Proposal for a directive
Recital 26

(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~~must adopt appropriate measures for the follow-up of opinions and the enforcement of decisions.

Amendment 158 #

Proposal for a directive
Article 3 – paragraph 4

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

Amendment 159 #

Irène TOLLERET, Max ORVILLE, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Recital 27

(27) To promote their work and equality law, equality bodies should be able to publish a summary of their opinions and decisions without disclosing personal data. Equality bodies should be able to disclose personal data where such disclosure is provided for under national law, for example as a penalty for a finding of discrimination.

Amendment 159 #

Proposal for a directive
Article 3 – paragraph 4

4. ~~Member States shall ensure that appropriate safeguards are in place in the internal structure of multi-mandate bodies to~~Equality bodies who are multi- mandate bodies may take steps to create an internal structure that guarantees the autonomous exercise of the ~~equality mand~~ir various mandates, if appropriate.

Amendment 160 #

Proposal for a directive
Recital 27

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

Amendment 160 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall ensure that each equality body is provided with the human, technical and financial resources necessary to perform all its tasks and to exercise all its competences effectively, on all the grounds and in all fields covered by Directives 2006/54/EC and 2010/41/EU including in the event of increases in competences, increases in complaints, litigation costs and the use of automated systems. Member States shall ensure that the training needs of personnel of supervisory authorities on non- discrimination and fundamental rights are supported through collaboration with equality bodies and other relevant national authorities or bodies which supervise the application of Union fundamental rights law, including within the area of algorithmic discrimination.

Amendment 161 #

Proposal for a directive
Recital 27

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

Amendment 161 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall ensure that each equality body is provided with the human, technical ~~and~~, financial and expert 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. Nevertheless, 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.

Amendment 162 #

Irène TOLLERET, Max ORVILLE, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Recital 28

(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 and (EU) 2019/1158 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 and Article 12 and 15 of Directive (EU) 2019/1158. Their support will therefore facilitate access to justice for victims.

Amendment 162 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall ensure that each equality body is provided with the human, technical and financial resources necessary to perform all its tasks and to exercise all its competences effectively, on all the grounds and in all fields covered by Directives 2006/54/EC and 2010/41/EU including in the event of increases in competences, increases in complaints, litigation costs and the use of automated systems. Member States shall ensure that equality bodies’ budgets cover unexpected costs, such as costs linked to litigation. Member States shall ensure that their resources and budget are adjusted appropriately, if the competences of equality bodies are increased.

Amendment 163 #

Proposal for a directive
Recital 28

(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 89 of Directive 2000/43/EC, Article 10 of Directive 2000/78/EC and Article 9 of Directive 2004/113/EC. Their support will therefore facilitate access to justice for victims.

Amendment 163 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall, in accordance with their national budgetary processes, 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~~where equality bodies are part of a multi-mandate body.

Amendment 164 #

Proposal for a directive
Recital 30

(30) Some instances of discrimination are difficult to fight because there ~~is no~~are few complainants 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 and initiate court proceedings in their own name, to defend the public interest. where discrimination has been detected, without the presence of an individual, identified victim; in such cases, it is the equality body that exercises the procedural rights of the potential complainant, and in particular the right to bring an action. 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).

Amendment 164 #

Proposal for a directive
Article 4 – paragraph 1

Amendment 165 #

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 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. However, priority should be given to cases where actual discrimination of a person has taken place, rather than just a perceived potential risk of discrimination against a group. _________________ 71 Judgment of 10 July 2008 in Feryn (C- 54/07, ECLI:EU:C:2008:397).

Amendment 165 #

Nathalie COLIN-OESTERLÉ

Proposal for a directive
Article 4 – paragraph 1 a (new)

1a. Member States shall 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 in the forms of violence referred to in Directive of the European Parliament and of the Council on combating violence against women and domestic violence.

Amendment 166 #

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 ~~be established~~occur even in the absence of an identified victim, for instance in cases of structural or institutional discrimination. It is therefore important that equality bodies can act in their own name, to defend the public interest. ~~_________________ 71 Judgment of 10 July 2008 in Feryn (C- 54/07, ECLI:EU:C:2008:397).~~

Amendment 166 #

Proposal for a directive
Article 4 – paragraph 1 a (new)

1a. 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, such as those linked to litigation.

Amendment 167 #

Irène TOLLERET, Max ORVILLE, Atidzhe ALIEVA-VELI, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Recital 31

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

Amendment 167 #

Proposal for a directive
Article 4 – paragraph 2

~~2. Where equality bodies are part of a body in charge of several mandates, paragraph 1 shall apply specifically to the equality mandate and its support staff and systems.~~deleted

Amendment 168 #

Irène TOLLERET, Max ORVILLE, Atidzhe ALIEVA-VELI, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Recital 32

(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.deleted

Amendment 168 #

Proposal for a directive
Article 5 – paragraph 1 – point a

(a) adopt a national 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~~, the role and the accessibility of the different equality bodies and their services. This national strategy shall include, but is not limited to, a plan of circulation of information, advice, training, support and guidance, to individuals of all ages, and institutions, both private and public;

Amendment 169 #

Proposal for a directive
Recital 32

Amendment 169 #

Proposal for a directive
Article 5 – paragraph 1 – point a

(a) adopt a strategy in the consultation with representives of civil society, and social partners 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; the strategy shall include information campaigns using different communication tools, including social media;

Amendment 170 #

Proposal for a directive
Recital 32

Amendment 170 #

Proposal for a directive
Article 5 – paragraph 1 – point a

(a) adopt a strategy 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 on the existence of equality bodies and their services;

Amendment 171 #

Proposal for a directive
Recital 33 a (new)

(33a) In particular, the right to the presumption of innocence, a fundamental pillar of the rule of law, must be respected. The Member States shall, in accordance with their national legal framework, determine the appropriate procedural guarantees to be applied in cases of potential infringements of the principle of equality;

Amendment 171 #

Proposal for a directive
Article 5 – paragraph 1 – point b

(b) ensure that equality bodies engage in the prevention of discrimination and in the promotion of equal treatment, and adopt a national strategy ~~def~~outlining ~~how~~the steps theyat will be taken to engage in public dialogue, communicate with individuals and groups at risk of discrimination, provide training and guidance, anddress intersectional discrimination, promote equality duties and policies, equality mainstreaming and positive action ~~among~~in the public and private ~~entitie~~sectors, amongst others.

Amendment 172 #

Proposal for a directive
Recital 34

(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. The role of equality bodies in court proceedings should be clearly defined so as to avoid needless overlap with the tasks of other bodies that monitor rights. In this way, a balanced approach to discrimination is assured and overlapping measures are avoided.

Amendment 172 #

Proposal for a directive
Article 5 – paragraph 1 – point b a (new)

(ba) Equality bodies shall also be able to conduct research on discrimination, including structural, systemic and intersectional discrimination, as well as online discrimination, including discrimination resulting from algorithims.

Amendment 173 #

Proposal for a directive
Recital 35

(35) The effectiveness of equality bodies’ work also depends on giving groups at risk of discrimination full access to their services. In a survey conducted by the European Union Fundamental Rights Agency72 , 71% of members of ethnic or immigrant minority groups reported to be unaware of any organisation offering support or advice to victims of discrimination. A key step to support this access is for Member States to ensure that people know their rights and are aware of the existence of and services offered by equality bodies. This is particularly important for disadvantaged groups and groups whose access to that information can be hindered, for example by their health or socio-economic status, ~~their~~age, disability, ~~their~~ literacy, nationality, membership of a national minority, language, residence status, remote and rural geographic locations or their lack of access to online tools. _________________ 72 FRA EU-MIDIS II Survey.

Amendment 173 #

Sophia IN 'T VELD

Proposal for a directive
Article 5 – paragraph 2

In doing so, Member States and equality bodies shall take into consideration the most appropriate communication tools and formats for each target group. They shall focus in particular on disadvantaged groups whose access to information can be hindered, for example by their economic status, age, disability, literacy, nationality, residence status or their lack of access to online tools. The Commission shall issue guidelines for these strategies, give an opinion on the quality and effectiveness of the strategy, and monitor their implementation, including the issuance of a yearly report on their implementation progress.

Amendment 174 #

Proposal for a directive
Recital 35

(35) The effectiveness of equality bodies’ work also depends on giving groups at risk of discrimination full access to their services. In a survey conducted by the European Union Fundamental Rights Agency72 , 71% of members of ethnic or immigrant minority groups reported to be unaware of any organisation offering support or advice to victims of discrimination. A key step to support this access is for Member States to provide information in all of its official languages, with reasonable adjustments for people with disabilities (visual, intellectual or others) in order to ensure that people know their rights and are aware of the existence of and services offered by equality bodies. This is particularly important for disadvantaged groups and groups whose access to that information can be hindered, for example by their economic status, their disability, their literacy or their lack of access to online tools. _________________ 72 FRA EU-MIDIS II Survey.

Amendment 174 #

Proposal for a directive
Article 5 – paragraph 2

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

Amendment 175 #

Proposal for a directive
Recital 35

(35) The effectiveness of equality bodies’ work also depends on giving groups at risk of discrimination full access to their services. In a survey conducted by the European Union Fundamental Rights Agency72, 71% of members of ethnic or immigrant minority groups reported to be unaware of any organisation offering support or advice to victims of discrimination. A key step to support this access is for each Member States to provide information in all of its official languages in easily understandable language and to provide key information in English as well in order to ensure that people know their rights and options and are aware of the existence of and services offered by equality bodies. This is particularly important for disadvantaged groups and groups whose access to that information can be hindered, for example by their economic status, their disability, their literacy or their lack of access to online tools. _________________ 72 FRA EU-MIDIS II Survey.

Amendment 175 #

Proposal for a directive
Article 5 – paragraph 2

Amendment 176 #

Proposal for a directive
Recital 36

(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 organisat~~establishment of accessible and user- friendly digital tools and platforms for contacting equality bodies, the organisation of local campaigns or cooperation with local delegates, local governments, social partners, including trade unions, or civil society organisations that are adapted to local needs. Special attention should be paid to the most vulnerable and poorest groups. Educational campaigns on human rights and anti-discrimination should be planned and addressed to children and young people at school, starting from an early age. Social partners and civil society organisations should be included, where necessary, in the preparation, conduct and dissemination of information as part of such educational campaigns, in particular in the most vulnerable and disadvantaged regions.

Amendment 176 #

Proposal for a directive
Article 6 – title

Assistance to victims and persons who have experienced discrimination

Amendment 177 #

Irène TOLLERET, Max ORVILLE, Atidzhe ALIEVA-VELI, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Recital 36

Amendment 177 #

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

Amendment 178 #

Proposal for a directive
Recital 36

Amendment 178 #

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1 (new)

"Assistance" shall refer also to any emotional and legal support, or other means that a victim of discrimination may require.

Amendment 179 #

Eleni STAVROU

Proposal for a directive
Recital 36

Amendment 179 #

Proposal for a directive
Article 6 – paragraph 2

2. Equality bodies shall be able to receive complaints of discrimination~~, orally, in writing and online~~.

Amendment 180 #

Helmut GEUKING

Proposal for a directive
Recital 36

Amendment 180 #

Equality bodies shall provide assistance to victims, initially by informing them on the legal framework and their rights therein, 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.

Amendment 181 #

Proposal for a directive
Recital 36

Amendment 181 #

Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1

Equality bodies shall provide assistance to victims, initially by informing them on the legal framework, ~~including~~as well as 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.

Amendment 182 #

Proposal for a directive
Recital 36

Amendment 182 #

Proposal for a directive
Article 6 – paragraph 4 – subparagraph 1

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

Amendment 183 #

Proposal for a directive
Recital 36 a (new)

(36a) To guarantee access to their services on an equal basis, Equality Bodies must acknowledge that some occupations, performed mainly by women, are historically devalued and taken as natural. Statistics on the pay gap between men and women often don’t include the vast number of women who, across the EU, are not properly paid due to their involvement in informal work. If unpaid domestic and care work were accounted for, GDP would increase in many Member States. Invisibility of domestic and care work contributes directly to the discrimination against women in matters of employment and occupation. If these women engaged in many forms of informal work were included in statistics, the relative disadvantage of women in the labour market would be much more evident, as well as their inability to benefit from labour market regulation, in particular anti-discrimination provisions. Equality Bodies must play a key role in making these occupational discriminations visible, namely by collecting data, promoting reports and recommending public policies to make clear that domestic and care work are real occupations involving millions of EU workers.

Amendment 183 #

Proposal for a directive
Article 6 – paragraph 4 – subparagraph 1

Equality bodies ~~shall~~may issue a preliminary assessment of a complaint based on information voluntarily submitted by the parties involved. ~~Member Stat~~Equality bodies shall define the precise modalities under which the ~~equality bod~~y will issue such preliminary assessment. Member States shall guarantee that the preliminary assessment process is not burdensome for equality bodies and that it shall not bind the equality body in its future actions and decisions.

Amendment 184 #

Irène TOLLERET, Max ORVILLE, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Lucia ĎURIŠ NICHOLSONOVÁ, Karen MELCHIOR

Proposal for a directive
Recital 37

(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 Directives (EU) 2016/2102 and (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. Equality bodies should ensure that all forms of discrimination faced by persons with disabilities are addressed in their activities in line with the UNCRPD, including direct and indirect discrimination, denial of reasonable accommodation, discrimination by association, harassment, instruction to discriminate, as well as victimisation and hate speech. _________________ 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.

Amendment 184 #

Proposal for a directive
Article 6 – paragraph 4 – subparagraph 2

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. Should the complaint not be pursued further, a detailed explanation shall be made available to the complainant.

Amendment 185 #

Romeo FRANZ

Proposal for a directive
Recital 37

(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. Under their mandate, equality bodies should cover all forms of discrimination faced by persons with disabilities in line with the UNCRPD, including direct and indirect discrimination, denial of reasonable accommodation, discrimination by association, harassment, instruction to discriminate, as well as victimisation and hate speech. _________________ 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.

Amendment 185 #

Proposal for a directive
Article 6 – paragraph 4 – subparagraph 2

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. In the event that the equality body closes the complaint, the equality body shall provide the complainant with a written statement of reasons.

Amendment 186 #

Proposal for a directive
Recital 38

(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 local governments, social partners, civil society organisations, data protection a~~uthorities~~nd media authorities, authorities responsible for the criminal justice system, 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, Roma self-government bodies and civil society organisations, Samí Parliaments, consumer bodies, and national independent mechanisms for the promotion, protection and monitoring of the UNCRPD. Such cooperation should not involve the exchange of personal data (i.e. equality data in the form that individuals can be identified). Furthermore, any involvement of equality bodies in workplace-related matters should respect the autonomy, competences and prerogatives of social partners and the recognised competences of all relevant government agencies, including labour inspectorates, national courts and statutory tribunals, in accordance with national law and practice.

Amendment 186 #

Proposal for a directive
Article 6 a (new)

Article6a The obligations placed on Member States and the tasks of equality bodies under this Directive in relation to assistance to victims shall be considered in conjunction with the Member States’ obligations and the victims’ rights set out in Directive 2012/29/EU.

Amendment 187 #

Proposal for a directive
Recital 38

(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~~Where different equality bodies exist, their competences and powers should be adjusted accordingly and coordination should be ensured to address overlaps, enable joint action and optimise the use of resources Equality bodies should cooperate, as well, 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, social partners, 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).

Amendment 187 #

Proposal for a directive
Article 7 – paragraph 1

Equality bodies shall be able to offer the parties the possibility to seek an amicable resolution to their dispute, 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.

Amendment 188 #

Irène TOLLERET, Max ORVILLE, Atidzhe ALIEVA-VELI, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Recital 38

(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 relevant public and private entities at local, regional, national, Union and international level, such as civil society organisations, EU agencies, data protection authorities, ~~trade union~~social partners, labour and education inspectorates, law enforcement bodies, agencies with responsibility at national level for the defence of human rights, national statistical offices, 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).

Amendment 188 #

Proposal for a directive
Article 7 – paragraph 1 a (new)

Conducting the process to another existing dedicated entity shall be an exception and the equality body shall provide arguments as to why the proceedings will be conducted by another existing dedicated entity.

Amendment 189 #

Proposal for a directive
Recital 38

Amendment 189 #

Proposal for a directive
Article 8 – paragraph 1

1. Member States shall ensure that ~~wher~~equality bodies are equipped to effectively investigate, 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.

Amendment 190 #

Proposal for a directive
Recital 39

(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~~and update them as often as they deem necessary. To accomplish this, it is indispensable to ensure that equality bodies have the appropriate resources.

Amendment 190 #

Proposal for a directive
Article 8 – paragraph 1

1. ~~Member States shall ensure that where, following a complaint or on t~~Equality bodies shall be able to receive, examine, heiar 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 caseand conciliate individual and collective complaints of discrimination and make decisions on those complaints based on the relevant legislation.

Amendment 191 #

Proposal for a directive
Recital 40

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

Amendment 191 #

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1

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.

Amendment 192 #

Proposal for a directive
Recital 40

(40) Equality data are crucial for raising awareness, sensitising people, quantifying discrimination, showing trends ~~over time~~and shifts in social attitudes over time, fostering empathy, 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 and social partners. They should also collect, an~~d an~~alyse and publish 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, authorities responsible for the criminal justice system, labour and education inspectorates, trade unions, media bodies or civil society organisations -– concerning the matters they are entrusted with under Directives 2006/54/EC and 2010/41/EU. That statistical information should not contain any personal data and should be available in an accessible format so that it can be readily used by equality bodies. Member States should ensure that equality bodies receive sufficient funding for their data collection and analysis tasks. The work of equality bodies on equality data should take into account existing guidance and resources on equality data, including those developed in the framework of the Subgroup on Equality Data of the EU High Level Group on Non-discrimination, Equality and Diversity. _________________ 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.

Amendment 192 #

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2

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, such as labour inspectorates or other enforcement bodies, and oblige those public bodies to cooperate with equality bodies for that purpose.

Amendment 193 #

Proposal for a directive
Recital 40

(40) Equality data are crucial for raising awareness, sensitising people, quantifying discrimination, showing trends over time, proving the existence of discrimination, evaluating the implementation of equality legislation, demonstrating the need for positive action, and contributing to evidence-based policymaking75 . Equality bodies have a role to play in contributing to the development of relevant equality data for those purposes, for example by organising regular roundtables gathering all relevant entities. They should also collect and analyse data on their own activities or conduct ~~survey~~or commission surveys, research and studies 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 and it should be made available in an accessible format so that it can be readily used by equality bodies. The work of equality bodies on equality data should take into account existing guidance and resources on equality data, including those developed in the framework of the Subgroup on Equality Data of the EU High Level Group on Non-discrimination, Equality and Diversity. _________________ 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.

Amendment 193 #

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 a (new)

Public and private entities, and any other concerned third parties, and the alleged perpetrator, shall 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.

Amendment 194 #

Proposal for a directive
Recital 40

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

Amendment 194 #

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 b (new)

Equality bodies shall have the ability to impose sanctions or other form of penalty in the case that the evidence and/or relevant information requested is not provided to them without a justifiable reason based in law such as matters concerning personal data.

Amendment 195 #

Proposal for a directive
Recital 40

(40) Equality data are crucial for raising awareness, sensitising people, quantifying discrimination, showing trends over time, proving the existence of discrimination, evaluating the implementation of equality legislation, demonstrating the need for positive action, and contributing to evidence-based policymaking75 . Equality bodies have a role to play in contributing to the development of relevant equality data for those purposes, for example by organising regular roundtables gathering all relevant entities. They should also collect and analyse disaggregated data on their own activities or conduct ~~surveys and should be able to access~~and commission surveys, reports and research and should be able to access, in an easily accessible format, 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 union~~social partners or civil society organisations - concerning the matters they are entrusted with under Directives 2006/54/EC and 2010/41/EU. Th~~at statistical information should not contain any personal data.~~ e personal data collected shall be anonymised and, where not possible, pseudonymised. _________________ 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.

Amendment 195 #

Proposal for a directive
Article 8 – paragraph 3

~~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

Amendment 196 #

Proposal for a directive
Recital 40

(40) Equality data are crucial for raising awareness, sensitising people, quantifying discrimination, showing trends over time, proving the existence of discrimination, evaluating the implementation of equality legislation, demonstrating the need for positive action, and contributing to evidence-based policymaking75. Equality bodies have a role to play in contributing to the development of relevant equality data for those purposes~~, for example by organising regular roundtables gathering all relevant entities~~. They should also collect and analyse data on their own activities or conduct surveys and should be able to access and make use of statistical information collected by other public or private entities – such as the national statistical offices, national courts, labour and education inspectorates, trade unions or ~~civil society organis~~family associations -– 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. _________________ 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.

Amendment 196 #

Proposal for a directive
Article 8 – paragraph 3

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

Amendment 197 #

Proposal for a directive
Recital 40

(40) Equality data are crucial for raising awareness, sensitising people, quantifying discrimination, showing trends over time, proving the existence of discrimination, evaluating the implementation of equality legislation, ~~demonstrating the need for positive action~~ensuring equal opportunities, 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. _________________ 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.

Amendment 197 #

Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1

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

Amendment 198 #

Proposal for a directive
Recital 40

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

Amendment 198 #

Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1

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~~Equality bodies shall be empowered to determine whether this is to be done by means of non-binding opinions or by means of binding enforceable decisions and to create a framework governing the format in which a conclusion will issue.

Amendment 199 #

Proposal for a directive
Recital 41

(41) In ~~addition to publishing an~~their annual report on their activities, equality bodies should ~~regularly publish a repor~~also conduct featuring an overall assessment of the situation regarding discrimination falling under their mandate in the Member States. That report should provide information and recommendations 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.

Amendment 199 #

Proposal for a directive
Article 8 – paragraph 4 – subparagraph 2

Where appropriate, opinions and decisions shall include specific measures to remedy any breach found and to prevent further occurrences. Member States shall establish appropriate mechanisms for follow-up to opinions, such as feedback obligations, and for enforcement of decisions. Member States shall also ensure that national law provides for a right to appeal before the courts against legally binding final decisions issued by the equality body.

Amendment 200 #

Proposal for a directive
Recital 42

(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 falling under their mandate as part of a long-term action plan. The competence and powers attached to all mandates in such institutions should be harmonised and adjusted accordingly so that each mandate should as far as possible enjoy the broadest competences and powers.

Amendment 200 #

Proposal for a directive
Article 8 – paragraph 4 – subparagraph 2

~~Where appropriate, o~~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.

Amendment 201 #

Proposal for a directive
Recital 42

(42) ~~To determine their vision for the future and identify their organisation's goals and objectives, e~~Equality bodies ~~should~~must adopt a multi- annual programme. This should allow them to ensure the coherence of their different strands of work over time and address ~~systemic~~ issues of discrimination falling under their mandate as part of a long-term action plan.

Amendment 201 #

Proposal for a directive
Article 8 – paragraph 4 – subparagraph 3

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

Amendment 202 #

Proposal for a directive
Recital 43

(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~~draw up an application report every three years based on information received from Member States and a~~pplication report~~dditional 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, ~~implementing~~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 should contain a specific assessment to evaluate the independent functioning of equality bodies and it should be possible to submit complaints of interferences to the European Commission. This monitoring should not involve the processing of personal data.

Amendment 202 #

Proposal for a directive
Article 9 – paragraph 1

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.

Amendment 203 #

Proposal for a directive
Recital 43

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

Amendment 203 #

Proposal for a directive
Article 9 – paragraph 1

1. Member States shall ensure that equality bodies have the right to act in court proceedings in, administrative ~~and civil law matters~~tribunals and any other adjudicatory bodies or 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.

Amendment 204 #

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

Amendment 204 #

Proposal for a directive
Article 9 – paragraph 2 – introductory part

2. The right to act in court proceedings shall include, but is not limited to:

Amendment 205 #

Proposal for a directive
Recital 43

(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. In order to ensure uniform conditions for the implementation of Member States’ reporting obligations pursuant to Article 16(2) as regards the practical effects of this Directive, implementing powers should be conferred on the Commission to establish a list of relevant indicators, on the basis of which data should be collected in cooperation with all the relevant stakeholders, namely the European Institute for Gender Equality and the European Network of Equality Bodies (Equinet). This monitoring should not involve the processing of personal data.

Amendment 205 #

Proposal for a directive
Article 9 – paragraph 2 – introductory part

2. The right to act in court proceedings shall include all of the following:

Amendment 206 #

Proposal for a directive
Recital 44 a (new)

(44a) The equality bodies must not restrict entrepreneurship or the development of quality employment in the different production sectors.

Amendment 206 #

Proposal for a directive
Article 9 – paragraph 2 – point b

(b) the right of the equality body to submit observations to the court, administrative tribunals and/or any other adjudicatory body as amicus curiae;

Amendment 207 #

Proposal for a directive
Recital 46

(46) This Directive aims at ensuring the functioning of equality bodies according to minimum standards, with a view to improving their effectiveness and guaranteeing their independence, to strengthen the application of the principle of equal treatment. ~~Since the objective of this Directive cannot be sufficiently achieved by the Member States and should therefore be achieved at Union level, the Union may adopt measures, i~~In accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union~~. In accordance with the principle of proportionality as set out in that Article~~, this Directive, which limits itself to setting minimum standards, does not go beyond what is necessary to achieve that objective. Any unnecessary centralisation of power must be avoided. The Member States should still be able to adopt their own mechanisms to ensure the principle of equal treatment, without uniform measures being called for that do not necessarily reflect local needs and circumstances.

Amendment 207 #

Proposal for a directive
Article 9 – paragraph 2 – point b

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

Amendment 208 #

Proposal for a directive
Recital 46 a (new)

(46a) Equality bodies must not restrict the development of collective bargaining between the social partners. Where there is agreement between the social partners, the equality bodies shall assume that there has been no discrimination within the meaning of this Directive.

Amendment 208 #

Proposal for a directive
Article 9 – paragraph 2 – point c

(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~~; i~~, in particular in order to address structural or systemic discrimination, including online. In this case, the approval of the victims shall be necessary.

Amendment 209 #

Irène TOLLERET, Max ORVILLE, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Recital 48

(48) Where the fulfilment of the tasks of equality bodies requires the processing of special categories of personal data, namely data ~~on racial or ethnic origin, religion or belief, disability or sexual orientation~~referred to in Article 9(1) of Regulation (EU) 2016/679, Member States should also ensure that national law respects the essence of the right to data protection and provides for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject, in accordance with Article 9(2), point (g), of Regulation (EU) 2016/679. Such safeguards should include for example internal policies and measures to ensure data minimisation, including through anonymisation of personal data, where possible; to apply pseudonymisation and encryption to personal data; to prevent unauthorised access and transmission of personal data; and to ensure that personal data is not processed longer than is necessary for the purposes for which they are processed.

Amendment 209 #

Proposal for a directive
Article 9 – paragraph 2 – point c

(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~~informed consent of the victims shall be necessary.

Amendment 210 #

Proposal for a directive
Article 1 – paragraph 1

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

Amendment 210 #

Proposal for a directive
Article 9 – paragraph 3

Amendment 211 #

Proposal for a directive
Article 1 – paragraph 1

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

Amendment 211 #

Sophia IN 'T VELD

Proposal for a directive
Article 9 – paragraph 3 a (new)

3a. Equality bodies engaging in strategic litigation to further the respect for equal treatment laid down in Directives 2006/54/EC and 2010/41/EU shall receive co-financing from the European Commission for this litigation, of at least 50% of the litigation costs incurred.

Amendment 212 #

Proposal for a directive
Article 1 – paragraph 1

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.

Amendment 212 #

Proposal for a directive
Article 9 – paragraph 4

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

Amendment 213 #

Proposal for a directive
Article 1 – paragraph 1

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 for every man and woman as derived from Directives 2006/54/EC and 2010/41/EU.

Amendment 213 #

Proposal for a directive
Article 9 – paragraph 4

Amendment 214 #

Proposal for a directive
Article 1 – paragraph 2 a (new)

2a. The obligations placed on Member States and the tasks of equality bodies under this Directive shall apply to all persons in all their diversity, irrespective of their sex, age, colour, ethnic or social origin, genetic features, disability, or religious, political or social views, for the purpose of complying with the prohibition of discrimination laid down in Article 4 of Directives 2006/54/EC and 2010/41/EU.

Amendment 214 #

Proposal for a directive
Article 9 – paragraph 5

~~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

Amendment 215 #

Proposal for a directive
Article 1 – paragraph 2 a (new)

2a. The application of the principle of equal treatment shall not be limited to the prohibition of discrimination based on sex as it also applies to discrimination arising from gender, gender identity and gender expression as derived from the case law of the Court of Justice of the European Union.

Amendment 215 #

Proposal for a directive
Article 9 – paragraph 5 a (new)

5a. Member States shall ensure that equality bodies may engage in court proceedings using the evidence gathered under Article 8(2) and (3) without the prior need to issue an opinion or binding decision.

Amendment 216 #

Proposal for a directive
Article 1 – paragraph 2 a (new)

2a. For the purposes of this Directive, equality means the application of the principle of equal opportunities and equal treatment for men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value.

Amendment 216 #

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 put in place internal whistle-blower protections, guarantee confidentiality of witnesses and whistle-blowers, and as far as possible, of complainants.

Amendment 217 #

Proposal for a directive
Article 1 – paragraph 2 a (new)

2a. The Member States shall take into account the special status of self- employed people and small and medium- sized enterprises when it comes to the tasks assigned to equality bodies.

Amendment 217 #

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 and others entities involved .

Amendment 218 #

Abir AL-SAHLANI

Proposal for a directive
Article 1 – paragraph 2 a (new)

2a. This Directive is without prejudice to the competences and mandate of social partners, including their role in dispute resolution.

Amendment 218 #

Proposal for a directive
Article 10 – paragraph 1 a (new)

This Directive is without prejudice to the competences of labour inspectorates or other enforcement bodies, keeping in mind that the existence of these bodies shall not usurp the role of a functioning equality body.

Amendment 219 #

Proposal for a directive
Article 1 – paragraph 2 b (new)

2b. This Directive is without prejudice to the more specific provisions contained in Directive 2023/970/EU.

Amendment 219 #

Proposal for a directive
Article 11 – paragraph 1

1. Member States shall guarantee access to equality bodies’ services and publications on an equal basis for all citizens, associations and other interested public or private organisations, and ensure that there are no barriers to submission of complaints.

Amendment 220 #

Proposal for a directive
Article 2 – title

Designation and structure of equality bodies

Amendment 220 #

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, taking into account the available human, equipment and premises resources.

Amendment 221 #

Proposal for a directive
Article 2 – paragraph 1 a (new)

Equality bodies can cover single or multiple grounds. In the case of a multi- ground equality body, it is necessary to 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 adjusted so that each mandate shall as far as possible enjoy the broadest competences and powers;

Amendment 221 #

Proposal for a directive
Article 11 – paragraph 3

3. Member States shall ensure ~~accessi~~that equality bodies have the qualified staff needed to enable access and co-working with persons with disabilityies and provide reasonable accommodation for such 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.

Amendment 222 #

The Member States shall determine the specific form and place of equality bodies within the structure of the powers of the state, in accordance with the criteria laid down in this Directive.

Amendment 222 #

Proposal for a directive
Article 11 – paragraph 3

3. Member States shall ensure accessibility ~~and provide reasonable accommodation for persons with disabilities~~for persons with disabilities and those belonging to other groups at risk of discrimination, 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.

Amendment 223 #

Proposal for a directive
Article 2 – paragraph 2 a (new)

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

Amendment 223 #

Proposal for a directive
Article 11 – paragraph 3

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.

Amendment 224 #

Proposal for a directive
Article 2 – paragraph 2 a (new)

This directive is without prejudice to the competences of labour inspectorates or other enforcement bodies, as well as the social partners.

Amendment 224 #

Proposal for a directive
Article 12 – paragraph 1

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 social partners and civil society organisations, at national, regional, and local level ~~as well as in other Member States and at Union and international level.~~ . 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) and civil society organisations and social partners.

Amendment 225 #

Proposal for a directive
Article 2 a (new)

Article2a Definitions 1. For the purposes of this Directive, the following definitions apply: Structural and systemic discrimination refers to 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; Intersectional discrimination refers to 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

Amendment 225 #

Proposal for a directive
Article 12 – paragraph 1

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 equally cooperate with the European Institute for Gender Equality, the European Union Agency for Fundamental Rights and the European Network of Equality Bodies (Equinet).

Amendment 226 #

Irène TOLLERET, Max ORVILLE, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Abir AL-SAHLANI, Catherine AMALRIC, Lucia ĎURIŠ NICHOLSONOVÁ, Karen MELCHIOR

Proposal for a directive
Article 3 – paragraph 1

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 and resources, staffing, and organisational matters. Equality bodies shall not be set up as part of a ministry or body taking or seeking instructions directly from the government.

Amendment 226 #

Proposal for a directive
Article 12 – paragraph 1

Member States shall ensure that equality bodies have appropriate mechanisms in place to cooperate, and promote these crossborder cooperation projects within their respective fields of competence, with other equality bodies within the same Member State, with equality bodies in other countries in the framework of Equinet, the European Network of Equality Bodies 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 internat~~international in particular at Unional level.

Amendment 227 #

Proposal for a directive
Article 3 – paragraph 1

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, at the same time respecting the principles of restricted public intervention and individual freedom.

Amendment 227 #

Proposal for a directive
Article 12 – paragraph 1

Amendment 228 #

Proposal for a directive
Article 3 – paragraph 1

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.

Amendment 228 #

Proposal for a directive
Article 13 – paragraph 2

They shall ensure that equality bodies have the right to make recommendations on those matters, to publish them and to requ~~ire~~est feedback from the authorities concerned, and to make proposals to improve and update existing equality legislation in line with societal developments.

Amendment 229 #

Proposal for a directive
Article 3 – paragraph 1

1. Member States shall take measures to ensure that equality bodies are fully 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.

Amendment 229 #

Proposal for a directive
Article 14 – paragraph 3

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). 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 230 #

Proposal for a directive
Article 3 – paragraph 1 – point 1 (new)

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

Amendment 230 #

Proposal for a directive
Article 14 – paragraph 3

3. Member States shall ensure that equality bodies ~~can access~~are provided 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, in an accessible format, 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).

Amendment 231 #

Proposal for a directive
Article 3 – paragraph 1 a (new)

1a. Member States shall ensure that equality bodies are not set up within a ministry, a government body or a body taking instructions from the government, that they manage their own budget and resources and that they set their own priorities and implement them accordingly, in order to preserve their nature as independent bodies.

Amendment 231 #

Proposal for a directive
Article 14 – paragraph 5

5. Member States shall ensure that equality bodies may conduct independent surveys concerning discrimination, also by using expert support provided by the competent Member States and EU bodies dealing with disrimination such as the European Union Agency for Fundamental Rights or the European Institute for Gender Equality.

Amendment 232 #

Proposal for a directive
Article 3 – paragraph 1 a (new)

Amendment 232 #

Proposal for a directive
Article 14 – paragraph 5

5. Member States shall ensure that equality bodies may conduct independent surveys concerning discrimination and have the necessary human and financial resources to carry out such studies.

Amendment 233 #

Proposal for a directive
Article 3 – paragraph 2

Amendment 233 #

Proposal for a directive
Article 14 – paragraph 5

5. Member States shall ensure that equality bodies may conduct independent surveys and research and compile independent reports concerning discrimination.

Amendment 234 #

Proposal for a directive
Article 3 – paragraph 2

2. Member States shall provide for transparent ~~rul~~, participatory and competence- based rules, processes and safeguards concerning the selection, appointment, revocation and potential conflict of interest of the staff of equality bodies. Those rules, processes and safeguards concern, in particular, persons holding a managerial positions, for example members of boards managing equality bodies, heads of equality bodies, deputy heads of equality bodies or interim heads of equality bodies, where applicable, in order to guarantee their equality bodies’ competences and independence. from external or internal interference.

Amendment 234 #

Proposal for a directive
Article 14 – paragraph 5

5. Member States shall ensure that equality bodies may conduct independent surveys ~~concerning~~and research concerning all forms of discrimination.

Amendment 235 #

Proposal for a directive
Article 3 – paragraph 2

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. The rules shall also cover the management of conflicts of interest and the rules on disqualification, which precisely set out the notification obligations in connection with different disqualification situations.

Amendment 235 #

Proposal for a directive
Article 15 – paragraph 1 – point c

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

Amendment 236 #

Proposal for a directive
Article 3 – paragraph 2

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. vis-à-vis all political parties, as well as any kind of politicised and ideological lobbies, pressure groups and influence groups.

Amendment 236 #

Proposal for a directive
Article 16 – paragraph 1

1. The Commission shall, by means of an implementing act, establish a list of common indicators at European level 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.

Amendment 237 #

Proposal for a directive
Article 3 – paragraph 2

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.

Amendment 237 #

Proposal for a directive
Article 16 – paragraph 1

1. The Commission shall, by means of an implementing act, establish a list of common indicators to measure the practical effects of this Directive. When preparing the indicators, the Commission ~~may~~shall seek advice from the European Union Agency for Fundamental Rights, Equinet, 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.

Amendment 238 #

Proposal for a directive
Article 3 – paragraph 2

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, including members of a board managing the equality body, in order to guarantee their competence and independence.

Amendment 238 #

Proposal for a directive
Article 16 – paragraph 2

2. By [56 years after the date of transposition], and every 56 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).

Amendment 239 #

Proposal for a directive
Article 3 – paragraph 2

Amendment 239 #

Proposal for a directive
Article 16 – paragraph 2

2. By [53 years after the date of transposition], and every 53 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).

Amendment 240 #

Proposal for a directive
Article 3 – paragraph 3

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. The Member States shall implement the measures required to ensure that the equality bodies can perform their tasks without any external pressure or influence, and to guarantee their judicial independence and autonomy.

Amendment 240 #

Proposal for a directive
Article 16 – paragraph 2

Amendment 241 #

Proposal for a directive
Article 3 – paragraph 3

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. Urges Member States to ensure that the equality bodies themselves do not become discriminatory institutions against citizens who support the natural family, limited migration, and traditional roles and responsibilities for men and women.

Amendment 241 #

Proposal for a directive
Article 16 – paragraph 3

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. The Commission shall evaluate, based on the information it has received, the situation of discrimination in each Member State and publish a comprehensive report of their performances.

Amendment 242 #

Proposal for a directive
Article 3 – paragraph 3

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.

Amendment 242 #

Proposal for a directive
Article 16 – paragraph 3

Amendment 243 #

Proposal for a directive
Article 3 – paragraph 3

Amendment 243 #

Proposal for a directive
Article 16 – paragraph 3 a (new)

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

Amendment 244 #

Irène TOLLERET, Max ORVILLE, Atidzhe ALIEVA-VELI, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Abir AL-SAHLANI, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Article 3 – paragraph 3

3. Member States shall ~~ensure that~~guarantee the autonomy of equality bodies in the determination of appropriate safeguards ~~are in place~~, in particular in their 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.

Amendment 244 #

Proposal for a directive
Article 18 – paragraph 1

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

Amendment 245 #

Proposal for a directive
Article 3 – paragraph 4

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~~and effective leadership, promotion, implementation and visibility of the equality mandate. Member States shall also ensure coherence in terms of the competences accorded to these bodies so that they are harmonised and levelled up regarding each mandate.

Amendment 245 #

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 a task under this Directive and where the data collection and processing is in full compliance with Regulation (EU) 2016/679.

Amendment 246 #

Proposal for a directive
Article 3 – paragraph 4

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 without any external influence.

Amendment 246 #

Proposal for a directive
Article 18 – paragraph 2

2. Member States shall ensure that when equality bodies process special categories of personal data~~, namely~~ within the meaning of Regulation (EU) 2016/679, such as data on racial or ethnic origin, religion or belief, disability ~~or sexual orientation,~~, 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.

Amendment 247 #

Proposal for a directive
Article 3 – paragraph 4

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

Amendment 247 #

Proposal for a directive
Article 18 – paragraph 2

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, health or biometric data, suitable and specific measures are provided to safeguard the fundamental rights and the interests of the data subject.

Amendment 248 #

Irène TOLLERET, Max ORVILLE, Atidzhe ALIEVA-VELI, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Article 3 – paragraph 4

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

Amendment 248 #

Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [182 months] at the latest. They shall immediately inform the Commission thereof.

Amendment 249 #

Proposal for a directive
Article 3 – paragraph 4 a (new)

4a. 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

Amendment 250 #

Proposal for a directive
Article 3 – paragraph 4 a (new)

4a. The Member States shall determine the accountability arrangements of the equality bodies, preferably including judicial review of the equality bodies’ decisions.

Amendment 251 #

Proposal for a directive
Article 4 – paragraph 1

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

Amendment 252 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall ensure that each equality body has budgetary and financial autonomy and is provided with the human, material, 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 special expertise in developing areas with the potential for discrimination such as the use of automated systems.

Amendment 253 #

Proposal for a directive
Article 4 – paragraph 1

Amendment 254 #

Proposal for a directive
Article 4 – paragraph 1

Amendment 255 #

Proposal for a directive
Article 4 – paragraph 1

Amendment 256 #

Proposal for a directive
Article 4 – paragraph 1 a (new)

1a. Member States shall ensure that in the event of increases in competences, increases in complaints, litigation costs and qualified staff, services and digital resources needed for the use of automated systems, equality bodies are equipped with a necessary increase in their budget. There may not be any arbitrary or disproportionate reduction in the budget of the equality bodies.

Amendment 257 #

Irène TOLLERET, Max ORVILLE, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Article 4 – paragraph 1 a (new)

1a. Member States shall ensure that human, material, technical and financial resources of equality bodies are adequate and commensurate to any evolution of their mission and fields of intervention or increase in competences, especially their rights to act in court proceedings.

Amendment 258 #

Proposal for a directive
Article 4 – paragraph 1 a (new)

1a. Member States shall ensure that these resources are sufficient but not superfluous.

Amendment 259 #

Proposal for a directive
Article 4 – paragraph 2

~~2. Where equality bodies are part of a body in charge of several mandates, paragraph 1 shall apply specifically to the equality mandate and its support staff and systems.~~deleted

Amendment 260 #

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. The Member States need to optimise the resources earmarked for the performance of the equality bodies’ activities.

Amendment 261 #

Proposal for a directive
Article 4 – paragraph 2 b (new)

2b. The equality bodies’ activities shall be subject to transparency monitoring, including as regards the efficient allocation of their resources.

Amendment 262 #

Proposal for a directive
Article 5 – paragraph 1 – point a

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

Amendment 263 #

Proposal for a directive
Article 5 – paragraph 1 – point a

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

Amendment 264 #

Proposal for a directive
Article 5 – paragraph 1 – point a

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

Amendment 265 #

Proposal for a directive
Article 5 – paragraph 1 – point a

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

Amendment 266 #

Proposal for a directive
Article 5 – paragraph 1 – point b

(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.deleted

Amendment 267 #

Proposal for a directive
Article 5 – paragraph 1 – point b

Amendment 268 #

Proposal for a directive
Article 5 – paragraph 1 – point b

(b) ensure thate conditions for equality bodies to engage in the prevention of discrimination and in the promotion of equal treatment, and guarantee independence for equality bodies in adopting a strategy defining how they will engage in public dialogue, communicate with individuals and groups at risk of discrimination, ensure an intersectional approach in combatting multiple discrimination as well as underreporting, provide training and guidance, and promote equality duties, equality mainstreaming and positive action among public and private entities.

Amendment 269 #

Proposal for a directive
Article 5 – paragraph 1 – point b

(b) ensure that equality bodies have the competences and 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 as well as support and guidance on their implementation.

Amendment 270 #

Proposal for a directive
Article 5 – paragraph 1 – point b

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

Amendment 271 #

Proposal for a directive
Article 5 – paragraph 1 – point b

(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, and equal~~ity mainstreaming and positive action~~ opportunities mainstreaming among public and private entities.

Amendment 272 #

Proposal for a directive
Article 5 – paragraph 1 – point b

(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, and equality mainstreaming ~~and positive action~~ among public and private entities.

Amendment 273 #

Proposal for a directive
Article 5 – paragraph 1 – point b a (new)

(ba) ensure that equality bodies adopt a strategy defining how they will engage in public dialogue, cooperate and communicate with individuals and groups at risk of discrimination and with civil society organisations and social partners working on gender equality and non- discrimination.

Amendment 274 #

Proposal for a directive
Article 5 – paragraph 1 – point b b (new)

(bb) ensure that equality bodies are able to provide information, advice, training, support and guidance to individuals, and institutions in the public and private sector on good practices for promoting and achieving equality and preventing discrimination.

Amendment 275 #

Proposal for a directive
Article 5 – paragraph 1 – point b c (new)

(bc) ensure that equality bodies are able to promote and support the implementation of equality duties, equality mainstreaming and positive action among public and private entities.

Amendment 276 #

Proposal for a directive
Article 5 – paragraph 1 – point b d (new)

(bd) ensure that equality bodies are able to carry out research on discrimination, including structural or systemic discrimination, as well as online discrimination, including biases and algorithmic discrimination.

Amendment 277 #

Proposal for a directive
Article 5 – paragraph 2

Amendment 278 #

Proposal for a directive
Article 5 – paragraph 2

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

Amendment 279 #

Proposal for a directive
Article 5 – paragraph 2

In doing so, Member States and equality bodies shall take into consideration the most appropriate communication tools and formats for each target group making sure that it will be accessible for all. 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.

Amendment 280 #

Proposal for a directive
Article 5 – paragraph 2

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

Amendment 281 #

Proposal for a directive
Article 5 – paragraph 2

Amendment 282 #

Proposal for a directive
Article 5 – paragraph 2

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

Amendment 283 #

Proposal for a directive
Article 5 – paragraph 2 a (new)

The Member States shall observe the principles of proportionality and efficiency to ensure that the effects of the equality bodies’ prevention, promotion and awareness-raising strategies are not excessive.

Amendment 284 #

Proposal for a directive
Article 6 – title

Asupport and assistance to victims

Amendment 285 #

Proposal for a directive
Article 6 – paragraph 1

1. Member States shall ensure that equality bodies are able to provide assistance to ~~victims~~actual victims of discrimination, and not just potential victims based on a social grouping category, as set out in paragraphs 2 to 4.

Amendment 286 #

Proposal for a directive
Article 6 – paragraph 1

1. Member States shall ensure that equality bodies are able to provide support and assistance to victims ~~as set out in paragraphs 2 to 4~~in accordance with this Directive.

Amendment 287 #

Irène TOLLERET, Max ORVILLE, Atidzhe ALIEVA-VELI, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Article 6 – paragraph 1

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

Amendment 288 #

Proposal for a directive
Article 6 – paragraph 2

2. Equality bodies shall be able to receive complaints of discrimination~~, orally, in writing and online~~.

Amendment 289 #

Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1

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. The equality bodies must ensure that the advice and information are accessible and are tailored to meet the needs of people with disabilities.

Amendment 290 #

Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1

Equality bodies shall provide assistance to victims~~, initially by informing them~~ and persons who have experienced discrimination, as well as to their trade union representatives, initially by informing them in easily understandable language 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.

Amendment 291 #

Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1

Equality bodies shall provide support and assistance to victims, in~~itially by informing them on the legal framework, including~~cluding legal advice and information about the legal framework, particularly to issue a complaint, advice targeted to their 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.

Amendment 292 #

Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1

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, always with the presence of a professional with legal competences, as well as on available remedies, including the possibility to pursue a case in court.

Amendment 293 #

Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1

Equality bodies shall provide assistance to victims, or their designated representatives, 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.

Amendment 294 #

Proposal for a directive
Article 6 – paragraph 3 – subparagraph 2

Equality bodies shall also inform victims and persons who have experienced discrimination in easily understandable language 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.

Amendment 295 #

Proposal for a directive
Article 6 – paragraph 3 – subparagraph 2

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.

Amendment 296 #

Proposal for a directive
Article 6 – paragraph 4 – subparagraph 1

Amendment 297 #

Proposal for a directive
Article 6 – paragraph 4 – subparagraph 1

Amendment 298 #

Proposal for a directive
Article 6 – paragraph 4 – subparagraph 1

Equality bodies shall issue a preliminary assessment of a complaint on the basedis onf information voluntarily submitted by the parties involved~~. Member States shall~~ or handed over upon request. Member States shall ensure that equality bodies define the precise modalities under which the ~~equality bod~~y will issue such preliminary assessment, ensuring that they contribute to a simple and rapid handling of complaints.

Amendment 299 #

Proposal for a directive
Article 6 – paragraph 4 – subparagraph 2

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~~whether there are grounds to pursue their complaint further or it will be closed.

Amendment 300 #

Proposal for a directive
Article 6 – paragraph 4 – subparagraph 2

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

Amendment 301 #

Irène TOLLERET, Max ORVILLE, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Article 6 – paragraph 4 – subparagraph 2

Amendment 302 #

Irène TOLLERET, Max ORVILLE, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Article 7 – title

A~~micable settlements~~lternative dispute resolution

Amendment 303 #

Proposal for a directive
Article 7 – title

A~~micable settlements~~lternative Dispute Resolution

Amendment 304 #

Proposal for a directive
Article 7 – paragraph 1

Equality bodies or other existing dedicated entities 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~~resolve their dispute by means of alternative dispute resolution through a conciliation and mediation board. The conciliation and mediation board shall be led by the equality body itself or by another existing independent dedicated entity, in which case the equality body may formulate observations to that entity. ~~Engaging in such a process shall not prevent the parties from exercising their right of access to court~~Parties shall have a possibility to be assisted or represented by social partners. The conciliation and mediation board shall further consist of experts in human rights law from both parties. Impartial lawyers shall prepare cases before the conciliation and mediation board. Decisions of the conciliation and mediation board shall be legally binding provided that both parties to the dispute agree and renounce their right to legal remedy before the courts. Engaging in such a conciliation and mediation process shall be subject to the agreement of the parties to the dispute and shall not prevent the parties from exercising their right of access to court where one of them does not accept the decision of the conciliation and mediation board. Such a process shall not replace or undermine existing national conciliatory procedures where such procedures are able to provide better anti- discrimination protection. Member States shall ensure a sufficient limitation period to guarantee that the parties to the dispute have access to court where they do not reach an agreement at the end of the conciliation and mediation process. The limitation period shall be suspended during the conciliation and mediation process.

Amendment 305 #

Proposal for a directive
Article 7 – paragraph 1

Equality bodies or other existing dedicated entities shall be able to offer the parties the possibility to seek an a~~micabl~~lternative 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. The parties shall have the possibility to be assisted by designated representatives. Engaging in such a process shall not prevent the parties from exercising their right of access to court.

Amendment 306 #

Abir AL-SAHLANI

Proposal for a directive
Article 7 – paragraph 1

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 accordance with national law or practice, 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.

Amendment 307 #

Proposal for a directive
Article 7 a (new)

Article7a 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, institutional and structural 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 investigation.

Amendment 308 #

Proposal for a directive
Article 8 – title

~~Opinions and~~Non-binding opinions and enforceable decisions

Amendment 309 #

Irène TOLLERET, Max ORVILLE, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Article 8 – title

~~Opinions and decision~~Inquiries

Amendment 310 #

Proposal for a directive
Article 8 – paragraph 1

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

Amendment 311 #

Irène TOLLERET, Max ORVILLE, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Lucia ĎURIŠ NICHOLSONOVÁ, Karen MELCHIOR

Proposal for a directive
Article 8 – paragraph 1

1. Member States shall ensure that equality bodies are empowered to effectively conduct inquiries where, following a complaint or on their own initiative, ~~equality bodies~~they 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~~.

Amendment 312 #

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1

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

Amendment 313 #

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2

Amendment 314 #

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2

In particular, that framework shall provide equality bodies with effective rights to access information and documents which isare 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 such as labour inspectorates.

Amendment 315 #

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2

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 bod~~the authorities for that purpose.

Amendment 316 #

Proposal for a directive
Article 8 – paragraph 3

~~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

Amendment 317 #

Proposal for a directive
Article 8 – paragraph 3

~~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

Amendment 318 #

Proposal for a directive
Article 8 – paragraph 3

3. Member States ~~may~~shall 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 act with due regard towards the confidentiality of all information and documents received.

Amendment 319 #

Irène TOLLERET, Max ORVILLE, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Article 8 – paragraph 3 a (new)

3a. Equality bodies may also fully or partially entrust another competent body with the powers referred to in paragraphs 1 and 2. Where such a competent body is responsible for or collaborates with the equality body on inquiries, it shall provide the equality body, upon its request, with information on the results thereof.

Amendment 320 #

Proposal for a directive
Article 8 – paragraph 3 a (new)

3a. The principle of the presumption of innocence of an alleged perpetrator of an infringement of the equality principle shall be guaranteed.

Amendment 321 #

Irène TOLLERET, Max ORVILLE, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1

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

Amendment 322 #

Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1

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

Amendment 323 #

Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1

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

Amendment 324 #

Irène TOLLERET, Max ORVILLE, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Article 8 – paragraph 4 – subparagraph 2

Amendment 325 #

Proposal for a directive
Article 8 – paragraph 4 – subparagraph 2

Amendment 326 #

Proposal for a directive
Article 8 – paragraph 4 – subparagraph 2

Where appropriate, ~~opinions and~~non-binding opinions and enforceable decisions shall include 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, and for enforcement of decisions.

Amendment 327 #

Irène TOLLERET, Max ORVILLE, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Article 8 – paragraph 4 – subparagraph 3

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

Amendment 328 #

Proposal for a directive
Article 8 – paragraph 4 – subparagraph 3

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

Amendment 329 #

Proposal for a directive
Article 8 – paragraph 4 – subparagraph 3 a (new)

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 330 #

Proposal for a directive
Article 8 a (new)

Article8a Opinions and decisions 1. Member States shall ensure that equality bodies are empowered to record in writing their assessment of a case. As part of their written assessment, equality bodies shall establish the facts of the case and provide a reasoned conclusion as to whether discrimination has occurred. Member States shall determine, in consultation with other entities, such as the social partners, whether the equality bodies are to assess cases by means of non-binding opinions or binding enforceable decisions. Member States shall ensure that such decisions can be appealed to a judicial or administrative authority in accordance with national law and practice. 2. Where appropriate, opinions and decisions shall include specific measures to remedy any breach found and to prevent further occurrences. Member States shall establish appropriate mechanisms to follow up on opinions, such as feedback obligations, and to enforce decisions. In the case of binding enforceable decisions, equality bodies shall have the competence to impose effective, proportionate and dissuasive sanctions. 3. Equality bodies shall publish summaries of their opinions and decisions, without disclosing personal data. Equality bodies may disclose personal data in opinions or decisions, or the summaries thereof, where such disclosure is provided for by law, for example as a penalty in discrimination cases, and provided that the person to whom the personal data relate has been found guilty of discrimination.

Amendment 331 #

Irène TOLLERET, Max ORVILLE, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Article 8 a (new)

Article8a Opinions and decisions 1. Member States shall ensure that equality bodies are empowered to record in writing their assessment of a 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. 2. Where appropriate, opinions and decisions shall include specific measures to remedy any breach found and to prevent further occurrences. Member States shall establish appropriate mechanisms for follow-up to opinions, such as feedback obligations, and for enforcement of decisions. 3. Equality bodies shall publish summaries of their opinions and decisions, without disclosing personal data. They shall be able to disclose personal data where such disclosure is provided for under national law.

Amendment 332 #

Irène TOLLERET, Max ORVILLE, Atidzhe ALIEVA-VELI, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Article 9 – paragraph 1

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 53, without prejudice to national rules on the admissibility of actions.

Amendment 333 #

Proposal for a directive
Article 9 – paragraph 1

1. Member States shall ensure that equality bodies have the right to ~~act in court proceedings~~participate in administrative and civil law ~~matters relating to~~court proceedings concerning 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,. This shall, however, be without prejudice to national rules on the admissibility of actions.

Amendment 334 #

Proposal for a directive
Article 9 – paragraph 2 – introductory part

2. The right of the equality body to act in ~~court~~legal proceedings shall include:

Amendment 335 #

Proposal for a directive
Article 9 – paragraph 2 – introductory part

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

Amendment 336 #

Proposal for a directive
Article 9 – paragraph 2 – point a

(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)~~7, 8;

Amendment 337 #

Irène TOLLERET, Max ORVILLE, Atidzhe ALIEVA-VELI, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Article 9 – paragraph 2 – point a

(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;

Amendment 338 #

Proposal for a directive
Article 9 – paragraph 2 – point a

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

Amendment 339 #

Irène TOLLERET, Max ORVILLE, Atidzhe ALIEVA-VELI, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Article 9 – paragraph 2 – point b

(b) the right of the equality body to submit observations to the court as a third- party intervention such as amicus curiae;

Amendment 340 #

Proposal for a directive
Article 9 – paragraph 2 – point b

(b) the right ~~of the equality body~~ to submit observations to the court ~~as amicus curia~~, in accordance with national law and practice;

Amendment 341 #

Proposal for a directive
Article 9 – paragraph 2 – point c

~~(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.~~deleted

Amendment 342 #

Proposal for a directive
Article 9 – paragraph 2 – point c

(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, th~~e approval of the victims shall be necessary~~rough collective redress, with the latter’s notification.

Amendment 343 #

Proposal for a directive
Article 9 – paragraph 2 – point c

(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~~, with their consent.

Amendment 344 #

Proposal for a directive
Article 9 – paragraph 2 – point c a (new)

(ca) the right to recourse to conciliation procedures where appropriate.

Amendment 345 #

Proposal for a directive
Article 9 – paragraph 2 a (new)

2a. The right of the equality body to act in legal proceedings shall also include at least one of the following: (a) the right to initiate proceedings on behalf of one or several victims or, (b) the right to participate in proceedings in support of one or several victims with their approval. Member States may provide for the right for equality bodies to initiate court proceedings in its own name in order to defend the public interest.

Amendment 346 #

Proposal for a directive
Article 9 – paragraph 2 a (new)

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

Amendment 347 #

Proposal for a directive
Article 9 – paragraph 2 b (new)

2b. 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, institutional discrimination.

Amendment 348 #

Proposal for a directive
Article 9 – paragraph 3

3. Member States ~~shall ensure that the equality body can ini~~may provide that no investigat~~e court proceedings in its own name, in particular in order to address structural and systematic discriminati~~ions pursuant to Article 8 are initiated or con tin ~~cases selected by the equality body because of their abundance, their seriousness or their need for legal clarification~~ued while legal proceedings on the same case are pending.

Amendment 349 #

Proposal for a directive
Article 9 – paragraph 3

3. Where their national law allows, 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.

Amendment 350 #

Proposal for a directive
Article 9 – paragraph 3

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 or in order to defend the public interest in cases selected by the equality body because of their abundance, their seriousness or their need for legal clarification.

Amendment 351 #

Proposal for a directive
Article 9 – paragraph 3

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 clarificationdirectly following the use of investigation powers pursuant to Article 7a, without the need to issue an opinion or a decision prior to initiating proceedings.

Amendment 352 #

Proposal for a directive
Article 9 – paragraph 4

Amendment 353 #

Proposal for a directive
Article 9 – paragraph 4

Amendment 354 #

Irène TOLLERET, Max ORVILLE, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Article 9 – paragraph 4

Amendment 355 #

Proposal for a directive
Article 9 – paragraph 4

4. Member States shall ensure that, 4. 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 powersWhere associations, organisations, workers’ representatives or other legal entities have, in accordance with criteria laid down in national law, a legitimate interest in ensuring equal treatment and have instituted any administrative procedure or legal proceedings regarding an alleged infringement of the rights laid down in Directives [relevant equality directives], paragraphs 1 and 2 do not apply. The associations, organisations, workers’ representatives or other legal entities may act on behalf of, or in support of, a puers~~uant to Article 8(3)~~on who is an alleged victim of such an infringement, with that person’s approval.

Amendment 356 #

Proposal for a directive
Article 9 – paragraph 4

Amendment 357 #

Proposal for a directive
Article 9 – paragraph 5

~~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

Amendment 358 #

Irène TOLLERET, Max ORVILLE, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Article 9 – paragraph 5

~~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

Amendment 359 #

Proposal for a directive
Article 9 – paragraph 5

~~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

Amendment 360 #

Proposal for a directive
Article 9 – paragraph 5

~~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

Amendment 361 #

Irène TOLLERET, Max ORVILLE, Atidzhe ALIEVA-VELI, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Article 10 – paragraph 1

Member States shall ensure that, in the procedures referred to in Articles 6, 7, 8, 8a 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 and alleged perpetrators.

Amendment 362 #

Proposal for a directive
Article 10 – paragraph 1

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

Amendment 363 #

Proposal for a directive
Article 10 – paragraph 1 a (new)

The Member States shall guarantee that the procedural safeguards laid down in this Directive are complied with and that, at the same time, the rights of persons and organisations accused of discrimination are safeguarded. The principles of fair procedure and the presumption of innocence must be applied at all stages of the complaint handling process.

Amendment 364 #

Irène TOLLERET, Max ORVILLE, Atidzhe ALIEVA-VELI, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Karen MELCHIOR

Proposal for a directive
Article 10 – paragraph 2

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

Amendment 365 #

Irène TOLLERET, Max ORVILLE, Atidzhe ALIEVA-VELI, Monica SEMEDO, Sylvie BRUNET

Proposal for a directive
Article 11 – title

AEqual access, accessibility and reasonable accommodation

Amendment 366 #

Proposal for a directive
Article 11 – paragraph 1

1. Member States shall guarantee access to equality bodies’ services and publications on an equal basis for all and ensure that there are no barriers to submission of complaints or to assistance of victims.

Amendment 367 #

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. Member States shall ensure attention is paid to specific territorial characteristics, such as those of outermost regions and regions suffering from severe and permanent natural or demographic handicaps, such as northernmost regions with very low population density, islands, cross-border and mountain regions. Member States shall ensure that equality bodies offer tailor-made solutions to provide their services to all complainants such as mobile offices, itinerant solutions, digital tools and platforms.

Amendment 368 #

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

Amendment 369 #

Proposal for a directive
Article 11 – paragraph 3

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 bod~~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.

Amendment 370 #

Proposal for a directive
Article 11 – paragraph 3

3. Member States shall ensure accessibility, including in accordance with Directive (EU) 2019/882, and provide reasonable accommodation for persons with disabilities and persons belonging to other groups at risk of discrimination 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.

Amendment 371 #

Proposal for a directive
Article 11 – paragraph 3

3. Member States shall ensure accessibility, including in accordance with Directives (EU) 2016/2102 and (EU) 2019/882, 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~~submission and handling, alternative dispute resolution mechanisms, information and publications, and prevention, promotion and awareness- raising activities.

Amendment 372 #

Proposal for a directive
Article 11 – paragraph 3

3. Member States shall ensure accessibility and provide reasonable accommodation for persons with disabilities and persons belonging to other groups at risk of discrimination, such as migrants, 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.

Amendment 373 #

Proposal for a directive
Article 11 – paragraph 3 a (new)

3a. To guarantee access to their services on an equal basis, equality bodies shall acknowledge that some occupations performed mainly by women are historically devalued and invisible. Invisibility of domestic and care work in statistics contributes directly to the discrimination against women in matters of employment and occupation. Equality bodies shall ensure that occupational discriminations are made visible, namely by collecting data, promoting reports and recommending public policies to make clear that domestic and care work are real occupations involving millions of EU workers.

Amendment 374 #

Proposal for a directive
Article 12 – paragraph 1

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 social partners and 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 equally cooperate with the European Institute for Gender Equality, the European Union Agency for Fundamental Rights and the European Network of Equality Bodies (Equinet).

Amendment 375 #

Proposal for a directive
Article 12 – paragraph 1

Member States shall ensure that equality bodies, without prejudice to their independence, have appropriate mechanisms in place to cooperate, within their respective fields of competence, with other equality bodies within the same Member State, with equality bodies of other Member States, including in the framework of the European Network of Equality Bodies (Equinet), and with relevant public and private entities, including civil society organisations, relevant EU agencies, social partners, labour and education inspectorates at national, regional, local level as well as in other Member States and at Union and international level.

Amendment 376 #

Proposal for a directive
Article 12 – paragraph 1

Amendment 377 #

Proposal for a directive
Article 12 – paragraph 1

Amendment 378 #

Proposal for a directive
Article 12 – paragraph 1

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~~social partners and civil society organisations~~, at national, regional, local level as well as in other~~ within the same Member State~~s and~~ including at Unregional and ~~internation~~local level.

Amendment 379 #

Proposal for a directive
Article 12 – paragraph 1 a (new)

The equality bodies must not restrict entrepreneurship or the development of quality employment in the different production sectors. Nor must they restrict the development of collective bargaining between the social partners. Where there is agreement between the social partners, the equality bodies shall assume that there has been no discrimination within the meaning of this Directive.

Amendment 380 #

Proposal for a directive
Article 12 – paragraph 1 a (new)

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 381 #

Proposal for a directive
Article 12 a (new)

Article12a Gender mainstreaming Member States shall actively take into account the objective of equality between men and women when formulating and implementing laws, regulations, administrative provisions, policies and activities in the areas referred to in this Directive.

Amendment 382 #

Proposal for a directive
Article 13 – paragraph 2 a (new)

When implementing this Directive, the different characteristics of the national labour markets and collective bargaining systems in the Member States and the autonomy of the social partners must be respected. Similarly, the role of the social partners as representatives of employees and employers must be respected.

Amendment 383 #

Proposal for a directive
Article 13 – paragraph 2 a (new)

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.

Amendment 384 #

Proposal for a directive
Article 14 – title

Data collection and access to equality data statistics

Amendment 385 #

Proposal for a directive
Article 14 – paragraph 1

~~1. Member States shall ensure that equality bodies collect data on their activities, with a view to producing the reports referred to in Article 15, points (b) and (c).~~deleted

Amendment 386 #

Proposal for a directive
Article 14 – paragraph 2

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

Amendment 387 #

Proposal for a directive
Article 14 – paragraph 2

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

Amendment 388 #

Proposal for a directive
Article 14 – paragraph 3

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). The statistical data collected by public and private entities must be made available in an accessible and harmonised format so that it can be easily used by equality bodies.

Amendment 389 #

Proposal for a directive
Article 14 – paragraph 3

3. Member States shall ensure that equality bodies can access in an accessible format 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 union~~social partners, 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).

Amendment 390 #

Proposal for a directive
Article 14 – paragraph 3

3. Member States shall ensure that equality bodies can access publicly accessible 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).

Amendment 391 #

Proposal for a directive
Article 14 – paragraph 4

4. Member States shall allow equality bodies to make recommendations on which data is to be collected in relation to the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU, to public and private entities including public authorities, ~~trade union~~social partners, companies and civil society organisations, and require feedback from the authorities concerned. Member States shall also allow equality bodies to play a coordination role in the collection of equality data.

Amendment 392 #

Proposal for a directive
Article 14 – paragraph 4

4. Member States shall allow equality bodies to make recommendations on which data is to be collected in relation to the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU, to public and private entities including public authorities, trade unions, companies and civil society organisations as well as to require feedback from them. Member States shall also allow equality bodies to play a coordination role in the collection of equality data.

Amendment 393 #

Carina OHLSSON, Marc ANGEL, Vilija BLINKEVIČIŪTĖ, Heléne FRITZON, Gabriele BISCHOFF, Pina PICIERNO, Vera TAX, Elisabetta GUALMINI, Daniela RONDINELLI, Robert BIEDROŃ

Proposal for a directive
Article 14 – paragraph 4

4. Member States shall allow equality bodies to make recommendations on which data ~~is to~~could be collected in relation to the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU, to public and private entities including public authorities, trade unions, companies and civil society organisations. Member States shall also allow equality bodies to play a coordination role in the collection of equality data.

Amendment 394 #

Proposal for a directive
Article 14 – paragraph 5

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

Amendment 395 #

Proposal for a directive
Article 14 – paragraph 5

5. Member States shall ensure that equality bodies may conduct independent surveys, reports and research concerning discrimination. They shall also ensure that equality bodies can commission such studies and reports.

Amendment 396 #

Proposal for a directive
Article 14 – paragraph 5

5. Member States shall ensure that equality bodies may conduct and commission independent surveys, research and studies concerning discrimination.

Amendment 397 #

Proposal for a directive
Article 15 – paragraph 1 – point c

~~(c)~~ publish a report, with ~~(c)~~ recommendations, at least every four years, on the state of gender equality, equal treatment and discrimination, including potential structural issues~~, in their Member State.~~ and any action or attempt of backsliding in these areas, as well as 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 sent to the European Parliament.

Amendment 398 #

Proposal for a directive
Article 15 – paragraph 1 – point c

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

Amendment 399 #

Proposal for a directive
Article 15 – paragraph 1 – point c

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

Amendment 400 #

Proposal for a directive
Article 15 – paragraph 1 – point c a (new)

(ca) engage in a sustainable dialogue with the government and other authorities who shall take into account the equality bodies' recommendations on legislation, policies, procedures, programs and practice, and take action where necessary.

Amendment 401 #

Proposal for a directive
Article 15 – paragraph 1 – point c a (new)

(ca) develop and track output and impact indicators to assess their progress and conduct an evaluation of their functioning at least every four years.

Amendment 402 #

Proposal for a directive
Article 15 – paragraph 1 – point c b (new)

(cb) establish structures for sustained involvement and contribution of stakeholders, particularly civil society organisations, to the planning and work of the equality body.

Amendment 403 #

Proposal for a directive
Article 16 – paragraph 1

1. The Commission shall, by means of an implementing act, establish a list of common indicators to measure the practical effects of this Directive, in cooperation with Equinet and making use of Equinet's indicators. When preparing the indicators, the Commission ~~may~~shall, where relevant, also 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, accessibility and effectiveness of equality bodies, as well as evolutions in their mandate, powers or structure, including the particularities of multi-mandate bodies and multi-function equality bodies with decision-making functions, ensuring the comparability, objectivity and reliability of the data collected at national level.

Amendment 404 #

Proposal for a directive
Article 16 – paragraph 1

1. The Commission shall, by means of an implementing act, establish a list of common indicators to measure the practical effects of this Directive, focusing on the Directive’s impact on groups subject to discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. 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.

Amendment 405 #

Proposal for a directive
Article 16 – paragraph 1

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

Amendment 406 #

Proposal for a directive
Article 16 – paragraph 1

1. The Commission shall, by means of an implementing act, establish a list of common indicators to measure the practical effects of this Directive in cooperation with all the relevant stakeholders, namely Equinet and making use of Equinet’s pre- existing and new indicators. 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.

Amendment 407 #

Proposal for a directive
Article 16 – paragraph 1

1. The Commission shall, by means of a~~n implementing~~ delegated 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,~~ and the European Network of Equality Bodies (Equinet).. Those indicators shall cover the adequacy of resources (both economic and in 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.

Amendment 408 #

Proposal for a directive
Article 16 – paragraph 1

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

Amendment 409 #

Proposal for a directive
Article 16 – paragraph 2

2. By [53 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). These reports will also inform the Commission's report on the application and practical effects of the Directive under Article 16, (3).

Amendment 410 #

Proposal for a directive
Article 16 – paragraph 2

2. By [5 years after the date of transposition], and every 53 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).

Amendment 411 #

Irène TOLLERET, Max ORVILLE, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Lucia ĎURIŠ NICHOLSONOVÁ

Proposal for a directive
Article 16 – paragraph 2

Amendment 412 #

Proposal for a directive
Article 16 – paragraph 3

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 European Commission who shall add them to the report and shall further investigate the allegations.

Amendment 413 #

Proposal for a directive
Article 16 – paragraph 3

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. The Commission shall also evaluate the level of independence of the Equality Bodies from external interference, such as direct connection with Ministries, which must cease in order to guarantee that all Member States pursue the same level of demand in relentlessly evaluating and tackling discrimination.

Amendment 414 #

Proposal for a directive
Article 16 – paragraph 3

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 Council of Europe, the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. The Commission shall evaluate, based on the information it has received, the situation of discrimination in each Member State and draw up a balance sheet for each Member State describing and ranking the situation regarding discrimination and their performance as regards anti- discrimination measures.

Amendment 415 #

Proposal for a directive
Article 16 – paragraph 3

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 and equality bodies, including the European Network of Equality Bodies (Equinet). The Commission shall issue recommendations as part of the European Semester framework if it identifies shortcomings in Member States' equal treatment and discrimination policies.

Amendment 416 #

Proposal for a directive
Article 16 – paragraph 3

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. That report shall also include the practices carried out by equality bodies outside the European Union.

Amendment 417 #

Proposal for a directive
Article 16 – paragraph 3

Amendment 418 #

Proposal for a directive
Article 17 – paragraph 2

2. The implementation of this Directive shall under no circumstances constitute grounds for a reduction in the level of protection against discrimination already afforded by Member States in the matters covered by ~~this~~ Directives 2006/54/EC, 2010/41/EU and 2023/970/EU.

Amendment 419 #

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 athe task under this Directive and where the data collection and processing is in full compliance with Regulation (EU) 2016/679.

Amendment 420 #

Proposal for a directive
Article 18 – paragraph 2

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 ~~or sexual orientation,~~, 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.

Amendment 421 #

Irène TOLLERET, Max ORVILLE, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Lucia ĎURIŠ NICHOLSONOVÁ, Karen MELCHIOR

Proposal for a directive
Article 18 – paragraph 2

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~~referred to in Article 9(1) of Regulation (EU) 2016/679, suitable and specific measures are provided to safeguard the fundamental rights and the interests of the data subject.

Amendment 422 #

Proposal for a directive
Article 18 – paragraph 2 a (new)

2a. Member States shall ensure that the collection of personal data by equality bodies is strictly limited to the performance of their assigned tasks. Private individuals shall have the right to monitor their personal data and the right not to allow the collection of any data that are not directly relevant to the purpose of the Directive.

Amendment 423 #

Irène TOLLERET, Max ORVILLE, Monica SEMEDO, Sylvie BRUNET, Marco ZULLO, Marie-Pierre VEDRENNE, Ilana CICUREL, Dragoş PÎSLARU, Catherine AMALRIC, Lucia ĎURIŠ NICHOLSONOVÁ, Karen MELCHIOR

Proposal for a directive
Article 19 – paragraph 2

References to the bodies for the promotion of equal treatment referred to in those Articles, as well as Article 15 of Directive (EU) 2019/1158, shall be construed as references to the equality bodies referred to in Article 2 of this Directive.

Amendment 424 #

Evelyn REGNER, Gabriele BISCHOFF

Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1

Amendment 77 #

Proposal for a directive
Title 1

Proposal for aDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILon 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 (Does not affect the English version.) (This amendment applies throughout the text; its adoption will necessitate linguistic adjustments throughout.)

Amendment 78 #

Proposal for a directive
Recital 1

(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, but it still has to adopt a horizontal Directive outside the field of employment and occupation covering all protected grounds. _________________ 57 Articles 2 and 3 of the Treaty on European Union (‘TEU’), Articles 8 and 10 of the Treaty on the Functioning of the European Union (‘TFEU’), and Articles 21, 23 and 26 of the Charter.

Amendment 79 #

Proposal for a directive
Recital 1 a (new)

(1a) 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.

Amendment 80 #

Proposal for a directive
Recital 2

(2) Pursuant to Article 157(3) TFEU, the European Parliament and the Council shall adopt measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value, without prejudice to the other provisions of the Treaties and within the limits of the powers conferred upon the Union.

Amendment 81 #

Proposal for a directive
Recital 2

(2) Pursuant to Article 157(3) TFEU, the European Parliament and the Council shall adopt measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value, taking account of additional aspects such as the double discrimination suffered by women with disabilities.

Amendment 82 #

Proposal for a directive
Recital 2

(2) Pursuant to Article 157(3) TFEU, the European Parliament and the Council shall adopt measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value. Does not affect the English version.) Or. es Justification

Amendment 83 #

Proposal for a directive
Recital 2 a (new)

(2a) In accordance with the case law1a of the Court of Justice of the European Union, the scope of the principle of equal treatment of men and women shall not be limited to the prohibition of discrimination based on sex as it also applies to discrimination arising from gender, gender identity and gender expression. _________________ 1a Judgment of 30 April 1996, P. v S., C- 13/94; Judgment of 7 January 2004, K.B., C-117/01; Judgment of 26 June 2018, MB, C-451/16

Amendment 84 #

Proposal for a directive
Recital 3

(3) The purpose of this Directive is to lay down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their independence in order to strengthen the application of the principle of equal treatment as derived from Directives 2006/54/EC58 and 2010/41/EU59. In accordance with its legal basis, for the purposes of this Directive, equality shall mean the application of the principle of equal opportunities and equal treatment for men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value. _________________ 58 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23–36). 59 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC, (OJ L 180, 15.7.2010, p. 1)–6.

Amendment 85 #

Proposal for a directive
Recital 3

(3) The purpose of this Directive is to lay down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their ~~independence~~competences, independence and full autonomy in order to strengthen the application of the principle of equal treatment as derived from Directives 2006/54/EC58 and 2010/41/EU59 . . _________________ 58 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23). 59 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, p. 1).

Amendment 86 #

Proposal for a directive
Recital 3

(3) The purpose of this Directive is to lay down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their mandate and independence in order to strengthen the application of the principle of equal treatment as enshrined in the TEU, TFEU and the Charter of Fundamental Rights and derived from Directives 2006/54/EC58 and 2010/41/EU59 . _________________ 58 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23). 59 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, p. 1).

Amendment 87 #

Proposal for a directive
Recital 3

(3) The purpose of this Directive is to lay down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their ~~independence~~competences, powers, independence and autonomy in order to strengthen the application of the principle of equal treatment as derived from Directives 2006/54/EC58 and 2010/41/EU59. _________________ 58 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23). 59 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, p. 1).

Amendment 88 #

Proposal for a directive
Recital 6

(6) Directives 2006/54/EC and 2010/41/EU require Member States to designate one or more bodies for the promotion of equal treatment, including the analysis, monitoring and support of equal treatment of all persons without discrimination on the grounds covered by the respective Directives (hereinafter ‘equality bodies’). They require Member States to ensure that the competences of these bodies include providing independent assistance to victims free of charge, conducting independent surveys concerning discrimination, publishing independent reports and making recommendations on any issue relating to such discrimination. They also require Member States to ensure that the tasks of these bodies include the exchange of information with corresponding European bodies, such as the European Institute for Gender Equality. The equality bodies designated under Directives 2006/54/EC and2010/41/EU should be transformed into equality bodies designated under this Directive, endowing them with the competences laid down in this Directive. This Directive is without prejudice to the competences of labour inspectorates, other enforcement bodies or the social partners.

Amendment 89 #

Proposal for a directive
Recital 6

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

Amendment 90 #

Proposal for a directive
Recital 7

(7) Directive 2000/43/EC60 of the Council and Directive 2004/113/EC61 of the European Parliament and the Council also provide for the designation of equality bodies. for the promotion, analysis, monitoring and support of equal treatment of all persons, without discrimination on grounds of sex, race or ethnic origin. _________________ 60 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ L 180, 19.7.2000, p. 22). 61 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (OJ L 373, 21.12.2004, p. 37).

Amendment 91 #

Proposal for a directive
Recital 8

(8) All Member States have established equality bodies pursuant to Directive 2006/54/EC and 2010/41/EU. A diverse system of equality bodies has been put in place, and good practices have emerged. However, many equality bodies face challenges, in particular concerning the resources, independence and powers necessary to perform their tasks62 . It is important to point out that in a number of Member States, equality bodies also have competences in promoting equality and tackling discrimination on the grounds of gender identity and expression and sex characteristics. Since this is not the case in all Member States, this leads to differing levels of protection against discrimination as regards the matters covered by those Directives across the Union. _________________ 62 See the detailed analysis in SWD(2021) 63 final “Equality bodies and the implementation of the Commission Recommendation on standards for equality bodies”.

Amendment 92 #

Proposal for a directive
Recital 8 a (new)

(8a) Member States shall ensure that the above-mentioned resources – financed by the taxpayer – are sufficient, but in no case superfluous, and are tightly managed.

Amendment 93 #

Proposal for a directive
Recital 9

(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. Levels of discrimination remain high, victims’ awareness of their rights remains low and underreporting is still a considerable problem. Public awareness about and knowledge of discrimination remain limited and a lack of sufficient powers and resources hampers equality bodies’ ability to assist victims effectively or to prevent and address the development of new forms of discrimination based on gender identity, health or socio-economic status or resulting from developments in technology.

Amendment 94 #

Proposal for a directive
Recital 9

(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, encourage and fund equality bodies to cover all grounds of discrimination in accordance with the open-ended clause of Article 21 of the Charter.

Amendment 95 #

Proposal for a directive
Recital 10

(10) To ensure that equality bodies can effectively contribute to the enforcement of Directives 2006/54/EC and 2010/41/EU by promoting equal treatment, preventing discrimination and offering assistance to all individuals and groups that are discriminated against to access justice across the Union, it is necessary to adopt binding minimum standards for the functioning of those bodies. The new standards should draw on the lessons learnt through the application of Commission Recommendation 2018/95163, building on some of its provisions and laying down new rules where necessary. They should also draw from other relevant instruments, such as the ~~General Policy Recommendation N°264on equality bodies adopted by the European Commission against Racism and Intolerance (ECRI) and the~~ Paris Principles65 adopted by the United Nations and applicable to national human rights institutions. _________________ 63 Commission Recommendation (EU) 2018/951 of 22 June 2018 on standards for equality bodies (OJ L 167, 4.7.2018, p. 28). ~~64 ECRI General Policy Recommendation N°2 revised on Equality Bodies to combat racism and intolerance at national level - adopted on 13 June 1997 and revised on 7 December 2017.~~ 65 Principles relating to the Status of National Institutions adopted by General Assembly resolution 48/134 of 20 December 1993.

Amendment 95 #

Proposal for a directive
Recital 1

(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., but still has failed to adopt a horizontal Equal Treatment Directive; _________________ 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.

Amendment 96 #

Proposal for a directive
Recital 10

(10) To ensure that equality bodies can effectively contribute to the enforcement of Directives 2006/54/EC and 2010/41/EU by promoting equal treatment, preventing discrimination and offering assistance to all individuals, families and groups that are discriminated against to access justice across the Union, it is necessary to adopt binding minimum standards for the functioning of those bodies. The new standards should draw on the lessons learnt through the application of Commission Recommendation 2018/95163, building on some of its provisions and laying down new rules where necessary. They should also draw from other relevant instruments, such as the General Policy Recommendation N°264 on equality bodies adopted by the European Commission against Racism and Intolerance (ECRI) and the Paris Principles65 adopted by the United Nations and applicable to national human rights institutions. _________________ 63 Commission Recommendation (EU) 2018/951 of 22 June 2018 on standards for equality bodies, (OJ L 167, 4.7.2018, p. 28). 64 ECRI General Policy Recommendation N°2 revised on Equality Bodies to combat racism and intolerance at national level - adopted on 13 June 1997 and revised on 7 December 2017. 65 Principles relating to the Status of National Institutions adopted by General Assembly resolution 48/134 of 20 December 1993.

Amendment 96 #

Proposal for a directive
Recital 2

Amendment 97 #

Proposal for a directive
Recital 11 a (new)

(11a) The minimum standards laid down in this Directive allow Member States to determine the specific form and involvement of equality bodies within the framework of the powers of the state, in accordance with the specific characteristics of the respective Member States, while respecting the common criteria laid down in this Directive;

Amendment 97 #

Proposal for a directive
Recital 2 a (new)

(2a) 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.

Amendment 98 #

Proposal for a directive
Recital 12

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

Amendment 98 #

Proposal for a directive
Recital 6

(6) Directives 2006/54/EC and 2010/41/EU require Member States to designate one or more bodies for the promotion of equal treatment, including the analysis, monitoring and support of equal treatment of all persons without discrimination on the grounds covered by the respective Directives (hereinafter ‘equality bodies’). They require Member States to ensure that the competences of these bodies include: providing independent assistance to victims free of charge, conducting independent surveys concerning discrimination, publishing independent reports and making recommendations on any issue relating to such discrimination. They also require Member States to ensure that the tasks of these bodies include the exchange of information with corresponding European bodies, such as the European Institute for Gender Equality. This Directive is without prejudice to the competences of labour inspectorates, other enforcement bodies or the social partners, keeping in mind that their existence should not however prevent equality body from performing their tasks in line with their competences

Amendment 99 #

Proposal for a directive
Recital 12

Amendment 99 #