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dossier	COM(2022)689 - Standards for equality bodies in the field of equal treatment between persons irrespective of their racial or ethnic origin, ...
document	COM(2022)689
date	May 7, 2024

Article 1

Purpose, subject matter and scope

1. This Directive lays down minimum requirements for the functioning of equality bodies to improve their effectiveness and guarantee their independence in order to strengthen the application of the principle of equal treatment as derived from Directives 79/7/EEC, 2000/43/EC, 2000/78/EC and 2004/113/EC.

2. The obligations placed on Member States and the tasks of equality bodies under this Directive cover the rights and obligations derived from Directives 79/7/EEC, 2000/43/EC, 2000/78/EC and 2004/113/EC.

Article 2

Designation of equality bodies

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

2. This Directive is without prejudice to the competences of labour inspectorates or other enforcement bodies and to the rights and prerogatives of the social partners in accordance with national law and practice, including with regard to collective agreements, and representation and defence in court proceedings.

Article 3

Independence

1. Member States shall take measures to ensure that equality bodies are independent and free from external influence, and that they do not seek or take instructions from the government or from any other public or private entity while performing their tasks and exercising their competences. In line with the objectives of this Directive and within the applicable legal framework, equality bodies shall be able to manage their own financial and other resources and to adopt their own decisions with regard to their internal structure, accountability, staffing and organisational matters.

2. Member States shall provide for transparent procedures concerning the selection, appointment, revocation and potential conflicts of interest of the staff of equality bodies holding decision-making or managerial positions, and where applicable members of the governing board, in order to guarantee their competence and independence.

3. Member States shall ensure that equality bodies establish an internal structure that guarantees the independent, and where appropriate impartial, exercise of their competences.

4. Member States shall ensure that the internal structure of multi-mandate bodies guarantees the effective exercise of the equality mandate.

Article 4

Resources

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 the grounds set out in and in fields covered by Directives 79/7/EEC, 2000/43/EC, 2000/78/EC and 2004/113/EC, including where the equality bodies are part of multi-mandate bodies.

Article 5

Awareness raising, prevention and promotion

1. Member States shall adopt appropriate measures, such as strategies, to raise awareness among the general population, throughout their territory, with particular attention to individuals and groups at risk of discrimination, of the rights under Directives 79/7/EEC, 2000/43/EC, 2000/78/EC and 2004/113/EC and on the existence of equality bodies and their services.

2. Member States shall ensure that equality bodies are empowered to carry out activities to prevent discrimination and to promote equal treatment as derived from Directives 79/7/EEC, 2000/43/EC, 2000/78/EC and 2004/113/EC. Such activities may, inter alia, include promoting positive action and equality mainstreaming among public and private entities, providing them with relevant training, advice and support, engaging in public debate, communicating with relevant stakeholders, including the social partners, and promoting the exchange of good practices. In carrying out such activities, equality bodies can take into consideration specific situations of disadvantage resulting from intersectional discrimination, which is understood as discrimination based on a combination of grounds protected under Directives 79/7/EEC, 2000/43/EC, 2000/78/EC or 2004/113/EC.

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

Article 6

Assistance to victims

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

For the purposes of this Directive, ‘victims’ means all persons who consider that they have experienced discrimination within the meaning of Article 4 of Directive 79/7/EEC, Article 2 of Directive 2000/43/EC, Article 2 of Directive 2000/78/EC or Article 4 of Directive 2004/113/EC.

2. Equality bodies shall be able to receive complaints of discrimination.

3. Equality bodies shall provide assistance to victims, initially by informing them about the following:

(a)	the legal framework, including advice targeted to their specific situation;

(b)	the services offered by the equality body and related procedural aspects;

(c)	available remedies, including the possibility to pursue the case before the courts;

(d)	the confidentiality rules applicable, and the protection of personal data; and

(e)	the possibility of obtaining psychological or other types of relevant support from other bodies or organisations.

4. Equality bodies shall inform the complainants, within a reasonable time, whether the complaint will be closed or there are grounds to pursue it further.

Article 7

Alternative dispute resolution

Equality bodies shall be able to offer the parties the possibility of seeking an alternative resolution to their dispute. That process may be led by the equality body itself or by another competent entity in accordance with national law and practice, in which case the equality body may formulate observations to that entity. Such alternative dispute resolution may take different forms, such as mediation or conciliation, in accordance with national law and practice. The absence of a resolution shall not preclude the parties from exercising their right to act in court proceedings. Member States shall ensure that there is a sufficient limitation period to guarantee that the parties to a dispute have access to court, for example by suspending the limitation period while the parties engage in an alternative dispute resolution process.

Article 8

Inquiries

1. Member States shall ensure that equality bodies are empowered to conduct an inquiry into whether a breach of the principle of equal treatment laid down in Directives 79/7/EEC, 2000/43/EC, 2000/78/EC and 2004/113/EC has occurred.

2. Member States shall provide a framework for conducting inquiries which enables equality bodies to carry out fact-finding. In particular, that framework shall provide equality bodies with effective rights to access information and documents that are 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.

3. Member States may also entrust another competent body, in accordance with national law and practice, with the powers referred to in paragraphs 1 and 2. When such a competent body has completed its inquiry, it shall provide the equality body, upon its request, with information about the results thereof.

4. Member States may provide that no inquiries pursuant to paragraph 1 of this Article and Article 9 be initiated or continued while court proceedings in the same case are pending.

Article 9

Opinions and decisions

1. Member States shall ensure that equality bodies are empowered to provide and document 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 binding decisions.

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

3. Equality bodies shall publish at least a summary of those of their opinions and decisions which they consider to be of particular relevance.

Article 10

Litigation

1. Member States shall ensure that equality bodies have the right to act in court proceedings in civil and administrative law matters relating to the implementation of the principle of equal treatment laid down in Directives 79/7/EEC, 2000/43/EC, 2000/78/EC and 2004/113/EC as set out in paragraphs 2 to 4 of this Article, in accordance with national law and practice on the admissibility of actions, including any rules on requiring the approval of the victim.

2. The right of the equality body to act in court proceedings shall include the right to submit observations to the court, in accordance with national law and practice.

3. The right of the equality body to act in court proceedings shall also include at least one of the following:

(a)	the right to initiate court proceedings on behalf of one or several victims;

(b)	the right to participate in court proceedings in support of one or several victims; or

(c)	the right to initiate court proceedings in its own name, in order to defend the public interest.

4. The right of the equality body to act in court proceedings shall include the right to act as a party in proceedings on the enforcement or judicial review of binding decisions, where equality bodies are empowered to take such decisions pursuant to Article 9(1).

Article 11

Procedural safeguards

Member States shall ensure that, in the procedures referred to in Articles 6 to 10, the rights of defence of natural and legal persons involved are protected. Binding decisions referred to in Article 9 shall be subject to judicial review in accordance with national law.

Article 12

Equal access

1. Member States shall guarantee access to equality bodies’ services and publications on an equal basis for all.

2. Equality bodies shall guarantee that there are no barriers to the submission of complaints, for example by being able to receive complaints orally, in writing and online.

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

Article 13

Accessibility and reasonable accommodations for persons with disabilities

Member States shall ensure accessibility and provide reasonable accommodations for persons with disabilities to guarantee their equal access to all services and activities of equality bodies, including assistance to victims, complaint handling, alternative dispute resolution, information and publications, as well as prevention, promotion and awareness-raising activities.

Article 14

Cooperation

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 labour inspectorates, the 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.

Article 15

Consultation

Member States shall put in place procedures to ensure that the government and relevant public authorities consult equality bodies on legislation, policy, procedure and programmes related to the rights and obligations derived from Directives 79/7/EEC, 2000/43/EC, 2000/78/EC and 2004/113/EC.

Member States shall ensure that equality bodies have the right to make recommendations on those matters, to publish the recommendations and to request follow-up regarding such recommendations.

Article 16

Data collection and access to equality data

1. Member States shall ensure that equality bodies collect data on their activities, with a view to producing the reports referred to in Article 17, points (b) and (c).

The data collected by equality bodies shall be disaggregated by the grounds and fields covered by Directives 79/7/EEC, 2000/43/EC, 2000/78/EC and 2004/113/EC, and in accordance with the indicators referred to in Article 18 of this Directive. Any personal data collected shall be anonymised or, where that is not possible, pseudonymised.

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

3. Member States shall ensure that equality bodies are able to access statistics related to the rights and obligations derived from Directives 79/7/EEC, 2000/43/EC, 2000/78/EC and 2004/113/EC in accordance with national law, where the equality bodies deem such statistics necessary to make an overall assessment of the situation regarding discrimination in the Member State, and for drawing up the reports referred to in Article 17, point (c) of this Directive.

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 79/7/EEC, 2000/43/EC, 2000/78/EC and 2004/113/EC, to public and private entities including public authorities, the social partners, companies and civil society organisations. Member States may also allow equality bodies to play a coordination role in the collection of equality data.

Article 17

Reports and strategic planning

Member States shall ensure that equality bodies:

(a)	adopt a work programme setting out their priorities and prospective activities;

(b)	produce and make available to the public an annual activity report, including their annual budget, staff and financial reporting; and

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

Article 18

Monitoring and reporting

1. By 19 June 2026, the Commission shall, by means of an implementing act, establish a list of common indicators on the functioning of the equality bodies designated under this Directive. When preparing the indicators, the Commission may seek advice from the European Union Agency for Fundamental Rights, the European Institute for Gender Equality and from networks of equality bodies at Union level. The indicators shall cover the human, technical and financial resources, independent functioning, accessibility and effectiveness of equality bodies, as well as developments in their mandate, powers or structure, ensuring the comparability, objectivity and reliability of the data collected at national level. The indicators shall not be for the purpose of ranking or of issuing specific recommendations to individual Member States.

The implementing act shall be adopted in accordance with the examination procedure referred to in Article 22(2).

2. By 19 June 2031, and every 5 years thereafter, Member States shall provide the Commission with all relevant information regarding the application of this Directive. Such information shall include at least data on the functioning of equality bodies and shall take into account the reports drawn up by the equality bodies under Article 17, points (b) and (c).

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, networks of equality bodies at Union level such as Equinet, civil society organisations or other stakeholders, by the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. The report shall address the independent functioning and the effectiveness of equality bodies in the Member States based on the indicators established pursuant to paragraph 1.

Article 19

Dialogue on the functioning of the equality bodies

1. Within the context of the monitoring and reporting exercise under Article 18, and in order to enhance the dialogue between the Union institutions and to ensure greater transparency, the European Parliament may invite the Commission annually to discuss matters referred to in that Article concerning the functioning of the equality bodies designated under this Directive.

2. The European Parliament may express its views in resolutions as regards the matters referred to in Article 18.

3. The Commission shall take into account, as appropriate, any elements arising from the views expressed through dialogue that takes place pursuant to this Article, including any resolutions from the European Parliament as regards the matters referred to in Article 18, also when reviewing the operation of this Directive.

Article 20

Minimum requirements

1. Member States may introduce or maintain provisions which are more favourable than the minimum requirements laid down in this Directive.

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 Directives 79/7/EEC, 2000/43/EC, 2000/78/EC and 2004/113/EC.

Article 21

Processing of personal data

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.

2. Member States shall ensure that when equality bodies process the special categories of personal data referred to in Article 9(1) of Regulation (EU) 2016/679 suitable and specific measures are provided to safeguard the fundamental rights and interests of the data subject.

Article 22

Committee procedure

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 23

Amendments to Directives 2000/43/EC and 2004/113/EC

Chapter III of Directive 2000/43/EC and Chapter III of Directive 2004/113/EC are deleted. References to the bodies for the promotion of equal treatment referred to in those Chapters shall be construed as references to the equality bodies referred to in Article 2(1) of this Directive.

Article 24

Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 19 June 2026. They shall immediately inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 25

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 23 shall apply from 19 June 2026.

Article 26

Addressees

This Directive is addressed to the Member States.