REPORT on the proposal for a decision of the European Parliament and the Council on the European Year of Equal Opportunities for All (2007) - Towards a Just Society

28.11.2005 - (COM(2005)0225 – C6‑0178/2005 – 2005/0107(COD)) - ***I

Committee on Civil Liberties, Justice and Home Affairs
Rapporteur: Martine Roure

Procedure : 2005/0107(COD)
Document stages in plenary
Document selected :  
A6-0366/2005
Texts tabled :
A6-0366/2005
Texts adopted :

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a decision of the European Parliament and the Council on the European Year of Equal Opportunities for All (2007) - Towards a Just Society

(COM(2005)0225 – C6‑0178/2005 – 2005/0107(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0225)[1],

–   having regard to Article 251(2) and Article 13(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6‑0178/2005),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Women's Rights and Gender Equality (A6‑0366/2005),

1.  Approves the Commission proposal as amended;

2.  Emphasises that the appropriations indicated in the legislative proposal for the period after 2006 are contingent on the decision concerning the next multiannual financial framework;

3.  Calls on the Commission to submit, if necessary, once the next multiannual financial framework has been adopted, a proposal to adjust the financial reference amount for this programme;

4.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

5.  Instructs its President to forward its position to the Council and Commission.

Text proposed by the CommissionAmendments by Parliament

Amendment 1

Recital 1

(1) On the basis of Article 13 of the Treaty establishing the European Community, the Council has adopted Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin in, inter alia, employment, vocational training, education, goods and services, and social protection; Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation which prohibits discrimination on the grounds of religion or belief, disability, age and sexual orientation and Directive 2004/113/EC implementing the principle of equal treatment between women and men in the access to and supply of goods and services.

(2) On the basis of Article 13 of the Treaty establishing the European Community, the Council has adopted Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin in, inter alia, employment, vocational training, education, goods and services, and social protection; Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation which prohibits discrimination on the grounds of religion or belief, disability, age and sexual orientation and Directive 2004/113/EC implementing the principle of equal treatment between women and men in the access to and supply of goods and services.

Justification

This amendment seeks to change the order of the recitals, so that they move from general to specific considerations.

Amendment 25555555555555555555555555555555555555555555555555555555555555555555555555555555555555555555555555555555555555555

Recital 2

(2) Non-discrimination is a fundamental principle of the European Union. Article 21 of the Charter of Fundamental Rights of the European Union prohibits discrimination on a variety of grounds.

(1) Non-discrimination is a fundamental principle of the European Union. That principle should be taken into account in all the European Union’s policies.

Justification

This amendment seeks to change the order of the recitals, so that they move from general to specific considerations. The principle of non-discrimination must be established right from the outset. The reference to the Charter of Fundamental Rights has been deleted and has been dealt with in a separate citation.

Amendment 3

Recital 2 a (new)

 

(2a) Article 2 of the Treaty establishing the European Community provides that the promotion of equality between men and women is one of the essential tasks of the Community. Likewise Article 3(2) of the Treaty requires that the Community aims to elim55inate inequalities and to actively promote equality between men and women in all its actions.

(This amendment entails deleting Recital 4 of the Commission proposal for a decision, the text of which has been incorporated into this new recital.)

Justification

Equality between men and women is one of the key areas of the fight against discrimination.

Amendment 4

Recital 3

(3) Equality between men and women is a fundamental principle of the European Union. Articles 21 and 23 of the Charter of Fundamental Rights of the European Union prohibit any discrimination on grounds of sex and require equality between men and women to be ensured in all areas.

(3) Articles 21 and 23 of the Charter of Fundamental Rights of the European Union set out a prohibition on discrimination on a variety of grounds as well as the requirement that equality between men and women be ensured in all areas.

Justification

Although not yet legally binding, the Charter of Fundamental Rights of the European Union is a reference text within the Communities in the area of rights and the fight against discrimination. For that very reason, it has been cited in judgments handed down by the Court of Justice of the European Communities. Moreover, it should be the subject of a separate recital.

Amendment 5

Recital 3 a (new)

(3a) European legislation on equal treatment and non-discrimination covers all persons in the European Union.

Justification

The scope of European anti-discrimination legislation is not restricted to Community citizens.

Amendment 6

Recital 4

(4) Article 3(2) of the Treaty requires the Community to aim to eliminate inequalities and to promote equality between men and women in all its activities.

deleted

Amendment 7

Recital 5

(5) The Social Agenda 2005-2010, which complements and supports the Lisbon Strategy, has a key role in promoting the social dimension of economic growth. One of the priorities of the Social Agenda is the promotion of equal opportunities for all as a vector for a more cohesive society.

(5) The Social Agenda 2005-2010, which complements and supports the Lisbon Strategy, has a key role in promoting the social dimension of economic growth. One of the priorities of the Social Agenda is the promotion of equal opportunities for all as a means of achieving a more socially inclusive society.

Justification

In addition to fostering the development of a more cohesive society, in broader terms measures to promote equal opportunities for everyone as a value fundamental to our contemporary societies help to produce a more integrative society, i.e. a society more naturally inclined to adopt an inclusive approach towards its most socially disadvantaged members and/or those who suffer the worst discrimination.

Amendment 8

Recital 6

(6) The year 2007 will mark the 10th anniversary of the European Year Against Racism, which has enabled considerable progress to be made towards the elimination of racial discrimination.

(6) The year 2007 marks the 10th anniversary of the European Year Against Racism, which has enabled considerable progress to be made towards the elimination of racial discrimination.

Amendment 9

Recital 7

(7) European legislation has significantly raised the level of guaranteed equality and protection against inequalities and discrimination across the EU and acted as a catalyst for the development of a more coherent, rights-based approach to equality and non-discrimination.

(7) European legislation has significantly raised the level of guaranteed equality and protection against inequalities and discrimination across the EU and acted as a catalyst for the development of a more coherent, rights-based approach to equality and non-discrimination. Despite this fact, people in the EU still encounter discrimination and unequal treatment in their daily lives.

Justification

It is important to draw attention to the fact that despite the progress achieved and existing legislation, much still needs to be done.

Amendment 10

Recital 7 a (new)

 

(7a) The European Year should lend fresh impetus to supporting Member States' efforts to implement Community equal treatment and non-discrimination legislation.

Justification

A number of Member States are lagging behind in the transportation of Community legislation on non-discrimination. The European Year should give them an incentive to make up lost time.

Amendment 11

Recital 7 b (new)

 

(7b) It is essential that actions in relation to age, disability, religion or belief, race and sexual orientation take full account of the gender differences.

Justification

Equality between men and women is one of the key areas of the fight against discrimination. Discrimination in this area may go hand-in-hand with other forms of discrimination.

Amendment 12

Recital 7 c (new)

(7c) The consultation process organised by the Commission through the Green Paper entitled 'Equality and non-discrimination in the enlarged European Union', which was adopted on 28 May 2004, shows that, in the opinion of most of the persons questioned, the Union should step up its efforts to combat discrimination on grounds of sex, racial or ethnic origin, religion or beliefs, disability, age or sexual orientation.

Justification

In the wake of the Green Paper, the Commission has decided to launch its framework strategy on non-discrimination and equal opportunities for all. The European Year of Equal Opportunities (2007) is a cornerstone of that framework strategy.

Amendment 13

Recital 7 d (new)

(7d) In its resolution on the situation of Roma in Europe, the European Parliament brings attention to the prevalence of anti-gypsyism and its discriminatory effect on the opportunities in terms of employment, education and social services for the European Union's most disadvantaged ethnic-minority group.

Justification

Comprised of 12 million European Union citizens, Roma are one of Europe's largest ethnic minorities, reside in the majority of Member States and Candidate Countries, and as such combating anti-gypsyism should be a central target of the European Year.

Amendment 14

Recital 8

(8) Key to the successful impact of the Community non-discrimination legislative framework is the extent to which it enjoys broad popular support. The European Year should act as a catalyst in raising awareness and in building momentum. It should help to focus political attention and mobilise everyone concerned in order to drive forward the new equal opportunities framework strategy of the European Union.

(8) Key to the successful impact of the Community non-discrimination legislative framework are the extent to which it enjoys broad popular support and the existence of genuine political will for change. In that context, the social partners, local and regional authorities and NGOs have a vital role to play. The European Year should act as a catalyst in raising awareness and in building momentum. It should help to focus political attention in all the Member States and mobilise everyone concerned in order to drive forward the new non-discrimination and equal opportunities framework strategy of the European Union, including after 2007.

Justification

Only with a real political will and mobilisation of all levels of society will the European Year provide sustainable benefits.

Amendment 15

Recital 8 a (new)

 

(8a) The European Year will also seek to address issues of multiple discrimination, that is discrimination on the basis of two or more grounds listed in Article 13 of the Treaty establishing the European Community. It also seeks to promote a balanced treatment of all grounds listed therein.

Justification

The European Year will have to draw attention to the specific issue of multiple discrimination and bring to light all forms of discrimination.

Amendment 16

Recital 9

(9) The varying levels of progress made at national level and the differing national socio-economic, and cultural contexts and sensitivities call for the bulk of activities of the Year to be decentralised at national level, through a system of indirect centralised management in accordance with the procedures as laid down in article 54(2)(c) of the Financial Regulation and its implementing rules[2].

(9) The varying levels of progress made at national level call for urgent action to be taken at the European and national level in the field of equality and non-discrimination; according to the principle of subsidiarity, the bulk of activities of the Year are to be decentralised at national level.

Justification

A number of Member States are lagging behind in the transposition of Community legislation on non-discrimination. The European Year should give them an incentive to make up lost time.

Amendment 17

Recital 10

(10) Participation to the European Year of Equal Opportunities for All should be opened to Member States, to EFTA/EEA countries in accordance with the conditions established under the European Economic Area Agreement (EEA), to the candidate countries benefiting from a pre-accession strategy and countries from the Western Balkans, in line with the conditions laid down pursuant to their respective agreements, and to the countries covered by the European Neighbourhood Policy, in accordance with the provisions of the May 2004 Strategy Paper and the Country Action Plans.

(10) Participation to the European Year of Equal Opportunities for All should be opened to Member States, to EFTA/EEA countries in accordance with the conditions established under the European Economic Area Agreement (EEA), to the acceding and candidate countries benefiting from a pre-accession strategy and countries from the Western Balkans, in line with the conditions laid down pursuant to their respective agreements, and to the countries covered by the European Neighbourhood Policy, in accordance with the provisions of the May 2004 Strategy Paper and the Country Action Plans.

Amendment 18

Recital 11

Does not apply to English text.

Justification

Does not apply to English text.

Amendment 19

Article 2, point a)

(a) Rights – Raising awareness on the right to equality and non-discrimination - The European Year will highlight the message that all people, irrespective of their sex, racial or ethnic origin, religion or belief, disability, age and sexual orientation are entitled to equal treatment.

(a) Rights – Raising awareness on the right to equality and non-discrimination and on the problem of multiple discrimination - The European Year will highlight the message that all people are entitled to equal treatment, irrespective of their sex, racial or ethnic origin, religion or belief, disability, age and sexual orientation. The European Year will make groups who are at risk of discrimination more aware of their rights and of existing European legislation in the area of non-discrimination.

 

Justification

The objectives of the European Year should include disseminating information on multiple discrimination and the legal redress available.

Amendment 19

Recital 7 a (new)

 

(7a) Since a number of Member States are being slow to implement the relevant Community legislation, the European Year should speed up the transposition process by lending it fresh impetus.

Justification

As a number of reports, drawn up by research centres such as the European Industry Relations Observatory (EIRO), have shown, some Member States have yet to implement in full the provisions of European law which deal specifically with the fight against discrimination and inequality. The Commission has thus initiated infringement proceedings against some Member States for non-transposition. Since the aim of this programme is to make the public aware of these issues and of every individual’s rights in this area, it is important to draw attention in the recitals to the urgent need for the Member States to complete the transposition process.

Amendment 20

Article 2, point (b)

(b) Representation - Stimulating a debate on ways to increase the participation of under-represented groups in society - The European Year will encourage reflection and discussion on the need to promote their greater participation in society in all sectors and at all levels.

(b) Representation - Stimulating a debate on ways to increase the participation of groups in society which are victims of discrimination and balanced participation of men and women - the European Year will encourage reflection and discussion on the need to promote their greater participation in society, and their involvement in activities designed to combat discrimination, in all sectors and at all levels.

Justification

Persons who are victims of discrimination must be involved in all measures designed to combat the discrimination which they suffer.

Amendment 21

Article 2, point (c)

(c) Recognition – Celebrating and accommodating diversity – The European Year will highlight the positive contribution that people, irrespective of their sex, racial or ethnic origin, religion or beliefs, capacities, age and sexual orientation can make to society as a whole, in particular by accentuating the benefits of diversity.

(c) Recognition – Facilitating and celebrating diversity and equality – The European Year will highlight the positive contribution that people, irrespective of their sex, racial or ethnic origin, religion or beliefs, capacities, age and sexual orientation can make to society as a whole, in particular by accentuating the benefits of diversity.

Justification

Diversity is positive if all persons are treated equally.

Amendment 22

Article 2, point (d)

(d) Respect and tolerance – Promoting a more cohesive society –The European Year will raise awareness about the importance of, promoting good relations between all in society, and in particular among young people, and promoting and disseminating the values underlying the fight against discrimination.

(d) Respect – Promoting a more cohesive society –The European Year will raise awareness about the importance of eliminating stereotypes, prejudice and violence; of promoting good relations between all in society, and in particular among young people, and promoting and disseminating the values underlying the fight against discrimination.

Justification

Respect for diversity presupposes, among other things, combating preconceived ideas.

Amendment 23

Article 3, paragraph 1, introductory part

1. The actions designed to meet the objectives set out in Article 2 shall entail the development of or the provision of support for:

1. The actions designed to meet the objectives set out in Article 2 may entail the development of or the provision of support for in particular:

Justification

There must be a degree of flexibility in implementing the decision.

Amendment 24

Article 3, paragraph 1, point (b)

(b) information and promotional campaigns;

(b) information, promotional and educational campaigns;

Justification

The European Year should have an educational dimension.

Amendment 25

Article 3, paragraph 1, point (c)

(c)       cooperation with media, business and enterprise;

deleted

Justification

Cooperation should not be confined to the media and business; deleting this clause allows greater flexibility.

Amendment 26

Article 3 a (new)

 

Article 3a

Gender mainstreaming

 

The European Year shall take into account the different ways in which women and men experience discrimination on the grounds of racial or ethnic origin, religion or belief, disability, age and sexual orientation.

Justification

Equality between men and women is one of the key areas of the fight against discrimination.

Amendment 27

Article 4, paragraph 1

The Commission shall ensure that the Community actions covered by this Decision are implemented in conformity with the Annex.

The Commission shall ensure that the Community actions covered by this Decision are implemented in conformity with the Annex, in particular by making sure that all the forms of discrimination referred to in Article 13 of the Treaty and in Article 2 of this Decision are addressed and dealt with fairly.

Justification

The Commission has a duty to ensure that the European Year addresses all forms of discrimination.

Amendment 28

Article 4, paragraph 3

It shall conduct a regular exchange of views with stakeholders particularly at European level on the design, implementation and follow-up of the European Year. To that end, the Commission shall make the relevant information available to such stakeholders. The Commission shall inform the Committee established under Article 6(1) of their opinion.

It shall conduct a regular exchange of views with stakeholders, the NGOs representing the groups which suffer discrimination and civil society particularly at European level on the design, implementation, follow-up and assessment of the European Year. To that end, the Commission shall make the relevant information available to such stakeholders. The Commission shall inform the Committee established under Article 6(1) of their opinion.

Justification

Civil society must be represented at all stages of the European Year.

Amendment 29

Article 5, paragraph 1

1. Each State shall establish or designate a national co-ordinating body or an equivalent administrative body to organise its participation in the European Year. Each State shall ensure that this organ is representative of a range of organisations representing people potentially exposed to discrimination and unequal treatment and other relevant stakeholders.

1. Each Member State shall establish or designate a National Implementing Body to organise its participation in the European Year. It shall inform the Commission of its choice within one month of the adoption of the present Decision. This Body shall be responsible for defining the national strategy and priorities for the European Year as well as for selecting the individual activities to be proposed for Community funding. The national strategy and priorities for the Year shall be set out in accordance with the objectives listed in Article 2 and will seek to ensure a balanced treatment of all grounds of discrimination as referred to in Article 2.

Each State shall ensure that this body is involved in the design, definition and execution of the National Policy Plan to be submitted to the Commission by 31 December 2006 at the latest. National Policy Plans shall consist of translating the objectives set out in Article 2 into the national and cultural contexts.

The procedure for awarding Community funding for national level activities is set out in Part II of the Annex.

Justification

This amendment seeks to rationalise procedures for the award of funding with a view to reducing the administrative burden on the Member States.

Amendment 30

Article 5, paragraph 2

2. The Commission shall delegate its budget implementing power to national intermediary bodies chosen by the participating States and approved by it in accordance with the procedures laid down under Part II(1) of the Annex, in accordance with the provisions of Article 54(2)(c) of the Financial Regulation.

2. For the purpose of carrying out its tasks, this Body shall consult on a regular basis and cooperate closely with civil society, including with organisations defending or representing the interests of people potentially exposed to discrimination and unequal treatment and with other relevant stakeholders.

Once satisfied that the procedure and conditions referred to under Part II(1) of the Annex have been complied with, the Commission shall approve the body selected for delegation, and delegate the relevant budgetary powers to it.

 

Justification

This amendment seeks to rationalise procedures for the award of funding with a view to reducing the administrative burden on the Member States.

Amendment 31

Article 5, paragraph 3

3. The national intermediary bodies shall take all the steps necessary for executing the implementing tasks delegated to them as detailed in Part II(2) of the Annex as regards the selection and management of the local, regional and national actions referred to in Part II(4) of the Annex.

Deleted

A delegation agreement must be signed between the intermediary body and the Commission as a prerequisite for the body’s implementation of its delegated tasks. The Commission shall be entitled to monitor and supervise the intermediary bodies in compliance with the requirements imposed by the Financial Regulation.

 

Justification

This amendment seeks to rationalise procedures for the award of funding with a view to reducing the administrative burden on the Member States.

Amendment 32

Article 6, title and paragraph 1

Committee

Advisory Committee

1. The Commission shall be assisted by a committee, composed of one representative per State and chaired by a representative of the Commission. The representative per State shall be designated from the national intermediary body as referred to in Article 5(2).

1. The Commission shall be assisted by an advisory committee, composed of one representative per Member State and chaired by a representative of the Commission. The representative shall be designated preferably from the National Implementing Body as referred to in Article 5(1).

Justification

This change arises from the new Article 5 as amended by the rapporteur with a view to simplifying the administrative and financial management of this event.

Amendment 33

Article 7, paragraph 2

2. Measures which are local, regional or national, as described in Part II(4) of the Annex, may be co-financed from the general budget of the European Communities up to a maximum of 50% of the total consolidated costs of the actions implemented at local, regional or national levels, and in accordance with the procedure referred to in Article 5(2).

2. Measures which are local, regional or national, as described in Part II(5) of the Annex, may be co-financed from the general budget of the European Communities up to a maximum of 50% of the total consolidated costs of the actions implemented at local, regional or national levels, and in accordance with the procedure referred to in Part II of the Annex.

Justification

This change arises from the new Article 5 as amended by the rapporteur with a view to simplifying the administrative and financial management of this event.

Amendment 34

Article 8, paragraph 2

2. Requests for financial assistance for measures under Article 7(2) shall be submitted to the national intermediary bodies set up by the States. On the basis of the opinion expressed by the national co-ordinating bodies, the national intermediary bodies shall select beneficiaries and allocate financial assistance to the applicants selected in accordance with the procedures referred to in Article 5(3).

2. Requests for financial assistance for measures under Article 7(2) shall be submitted to the Commission by the National Implementing Bodies set up by the Member States in accordance with the procedure set out in Part II of the Annex.

Justification

This change arises from the new Article 5 as amended by the rapporteur with a view to simplifying the administrative and financial management of this event.

Amendment 35

Article 9, paragraph 1

The Commission together with the participating countries shall ensure consistency between the measures provided for in this Decision and other Community, national and regional action and initiatives.

The Commission together with the Member States shall ensure consistency between the measures provided for in this Decision and other Community, national and regional action and initiatives.

Amendment 36

Article 10, title

Participating countries

Participation of Non-Member States

Justification

Clarification.

Amendment 37

Article 10, paragraph 1, points (a) to (c)

(a) Member States

(a) countries with which the European Union has signed a Treaty of Accession;

(b) EFTA states that are party to the EEA Agreement in accordance with the provision of that agreement;

(b) Candidate countries benefiting from a pre-accession strategy, in accordance with the general principles and the general terms and conditions for the participation of these countries in Community programmes laid down, respectively, by the framework agreement and by the Decision of the Association Councils;

(c) The candidate countries benefiting from a pre-accession strategy, in accordance with the general principles and the general terms and conditions for the participation on these countries in Community programmes laid down, respectively, in the framework agreement and the decision of the Association Councils;

(c) EFTA states that are party to the EEA Agreement in accordance with the provision of that agreement;

( point (c) of the Commission text has become point (b) and point (b) of the Commission text has become point (c))

Justification

This change seeks to clarify what is meant by the reference to non EU Member States.

Amendment 38

Article 11

The financial framework for implementing the activities referred to in this Decision for the period 1 January 2006 to 31 December 2007 shall be EUR 13 600 000.

The financial framework for implementing the activities referred to in this Decision for the period 1 January 2006 to 31 December 2007 shall be EUR 15 million, of which EUR 6 million is for the period until 31 December 2006. For the period following 31 December 2006, the amount is indicative and shall be deemed to be confirmed if it is consistent for this phase with multinannual financial framework in force for the period commencing on 1 January 2007.

Justification

Pending an agreement on the Financial Perspective, the amount allocated for 2007 is only indicative. The amount for this European Year has been raised to 15 million euros for the period as a whole.

Amendment 39

Article 12

Within the framework of the European Year, the Commission may cooperate with the relevant international organisations.

Within the framework of the European Year, the Commission may cooperate with the relevant international organisations, in particular the Council of Europe and the United Nations.

Justification

It is important to draw attention to the anti-discrimination measures implemented by international organisations, in particular the many measures taken by the Council of Europe and the United Nations, which have long experience in dealing with these issues.

Amendment 40

Annex, part I, point 2, letter (a)

(a) The development of a logo and slogans for the European Year, for use in connection with any activity linked to the European Year

(a) The development of a logo, accessible and available in a variety of formats, and slogans for the European Year, for use in connection with any activity linked to the European Year

Amendment 41

Annex, part I, paragraph 3, subparagraph 1

Cooperation with corporate, broadcasting and media organisations in particular as partners spreading the information about the European Year

deleted

Justification

This amendment arises from the deletion of Article 3, paragraph 1, point (c)

Amendment 42

Annex, part I, paragraph 4, subparagraph 2

The Commission may make use of technical and/or administrative assistance to the mutual benefit of the Commission and of the Participating States, for example to finance outside expertise on a specific subject.

The Commission may make use of technical and/or administrative assistance to the mutual benefit of the Commission and of the Member States, for example to finance outside expertise on a specific subject.

Amendment 43

Annex, part II, paragraph 1, subparagraphs 2 and 3

To that purpose, the Commission delegates its budget implementing power to national intermediary bodies. With reference to Articles 35, 38 and 39 of the implementing rules to the Financial Regulation, each Member State shall propose its national intermediary body and testify in writing to the Commission that the intermediary body:

deleted

(a) is a public-sector body or private-law body with a public service mission submitted to a national audit body

 

(b) is subject to the law of the Member State in which it has been set up

 

(c) satisfies the requirements of sound financial management as shown by prior analysis

 

(d) has put in place, before it begins performing its tasks, internal control systems, accounting systems, and grant award procedures in place

 

(e) has a sound track record in dealing with non-discrimination and equal treatment issues

 

(f) offers adequate financial guarantees, issued preferably by a public authority, in particular as regards full recovery of amounts due to the Commission.

 

Each Member State shall testify in writing to the Commission that its proposed choice has been made in an objective and transparent manner to match the requirements identified by the Commission.

 

Justification

This change arises from the new Article 5 as amended by the rapporteur with a view to simplifying the administrative and financial management of this event.

Amendment 44

Annex, part II, paragraph 2

2. Once delegated by the Commission budget implementing power, each intermediary body shall implement the following tasks

2. Following the adoption of the present Decision, the European Commission shall issue a call for proposals restricted to the National Implementing Bodies (NIBs) designated by Member States.

(a) select the local, regional and national actions on the basis of a call for proposals developed in accordance with the National Policy Plan and carry out all the activities necessary to launch such a call

 

(b) award and pay grants and manage the specific subsidy agreements with the selected actions, involving all the activities required to launch and conclude grant procedures, including the signing of the agreements and if needed recovery of the grants paid

 

(c) check whether the services performed by the selected actions have been implemented correctly

 

(d) report to the Commission on how the services are performed, supply any information requested and notify without delay any substantial change in its procedure or systems and the reasons for change

 

(e) take appropriate measures to prevent irregularities and fraud and if necessary bring prosecutions to recover funds lost, wrongly paid or incorrectly used without prejudice to the responsibilities of the European Commission in accordance with Regulations n°2988/95, n°2185/96 and n°1073/99.

 

(f) shall forward to the Commission and more particularly to the European Anti-Fraud Office (OLAF) without any delay any information relating to suspected and actual cases of fraud or corruption or any other illegal activity.

 

Justification

This change arises from the new Article 5 as amended by the rapporteur with a view to simplifying the administrative and financial management of this event

Amendment 45

Annex, part II, paragraph 2 a (new)

 

2a. Each NIB shall submit a single application for Community funding in response to the call for proposals. This grant application shall describe the national strategy and priorities for the European Year, the activities proposed for funding in the relevant Member State, as well as the organisations that shall be responsible for the implementation of each of the individual activities. The grant application shall be accompanied by a detailed budget setting out the total costs of the activities proposed and the amount and sources of co-funding. Eligible costs may include a provision for personnel and administration costs incurred by the NIB.

Justification

This change arises from the new Article 5 as amended by the rapporteur with a view to simplifying the administrative and financial management of this event.

Amendment 46

Annex, part II, paragraph 3

3. The Court of Auditors and OLAF shall have the same rights as the Commission, especially as regards access.

3. The national strategy and priorities for the European Year shall be set out in line with the general objectives set out in Article 2 of the present Decision, and shall seek to ensure balanced treatment of all grounds of discrimination referred to in that Article.

The Commission may carry out checks on the beneficiaries of contracts and grants from the national intermediary body.

 

The Commission may decide to withdraw responsibility for the performance of the tasks assigned when the conditions imposing that the national intermediary body operate in such a way to ensure total compliance with the principle of sound financial management and with the legal and financial conditions for the delegation are no longer fulfilled.

 

To that effect, the implementing measures and grant agreements arising from this Decision shall provide in particular for supervision and financial control by the Commission (or any representative authorised by it), audits by the Court of Auditors, and for on-the-spot checks carried out by OLAF or any Commission department, in accordance with the procedures of the Council Regulation n°2185/96.

 

Justification

This change arises from the new Article 5 as amended by the rapporteur with a view to simplifying the administrative and financial management of this event.

Amendment 47

Annex, part II, paragraph 4 a (new)

 

4a. The Commission shall evaluate and if necessary request modifications to the applications for Community funding submitted by the National Implementing Bodies. The NIBs shall be responsible for coordinating and monitoring the implementation of the various national activities.

Justification

This change arises from the new Article 5 as amended by the rapporteur with a view to simplifying the administrative and financial management of this event.

Amendment 48

Annex, part II, paragraph 5, point (b)

(b) Information campaigns and measures to disseminate the principles and underlying values celebrated by the European Year at national level including the organisation of awards and competitions

(b) Information and educational campaigns and measures to disseminate the principles and underlying values celebrated by the European Year at national level including the organisation of awards and competitions

Justification

The European Year should have an educational dimension.

Amendment 49

Annex, part II, paragraph 5, point (c)

(c) Cooperation with corporate, broadcasting and media organisations in particular as partners spreading the information about the European Year at national level

deleted

Justification

This amendment arises from the deletion of Article 3, paragraph 1, point (c)

Amendment 50

Annex, part II, paragraph 5, point (d)

(d) Surveys and studies other than those mentioned in 1(A) above

(d) Surveys and studies other than those mentioned in I(3) above

EXPLANATORY STATEMENT

1. INTRODUCTION

In the Moraes Report on the protection of minorities and anti-discrimination policies in an enlarged Europe which it recently adopted, the European Parliament noted that ‘equal treatment is a basic right, not a privilege, of all citizens,’ and ‘therefore, that all forms of discrimination must be fought with equal intensity’[3].

In fact, since the adoption of the Treaty of Amsterdam, the concept of non-discrimination, which until then had been intrinsically linked to the issue of gender equality, for which an intricate legal battery and abundant case law exists, has been extended to include other parameters, set out in Article 13 of the EC Treaty. The first paragraph of that Article, as subsequently amended by the Treaty of Nice[4], stipulates that:

1.   Without prejudice to the other provisions of this Treaty and within the limits of the powers conferred on it by the Community, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

On the basis of this Article, the EU has equipped itself with an original legal framework for combating discrimination, which has two directives as its cornerstones[5].

The first of these directives, which relates to ‘racial equality’, prohibits direct and indirect discrimination in the fields of employment, training, education, social security, health care, housing and access to goods and services.

The second of these directives essentially relates to the field of employment and concerns direct and indirect discrimination on the basis of religion or beliefs, disability, age or sexual orientation. It contains important clauses on the provision of reasonable accommodation for disabled persons to promote their access to employment and training.

These two directives are flanked by a multi-annual Community action programme to combat discrimination, which was adopted in November 2000 by decision of the Council[6] and relates to the period 2001-2006. From 2007, this multi-annual programme will be replaced by the PROGRESS programme. One section of this programme is devoted to combating discrimination and promoting diversity, while another is aimed more specifically at gender equality[7].

With a view both to taking stock of the progress made in combating discrimination and to garner opinions on the ways in which the EU could strengthen its action in this field, the Commission launched a vast consultation process in May 2004 in the form of a Green Paper entitled ‘Equality and non-discrimination in an enlarged European Union’[8]. The idea of making 2007 the European Year of Equal Opportunities for All was born out of the evaluation of the results achieved through publication of that Green Paper.

2. ORIGIN AND CONTENT OF THE PROPOSAL FOR A COUNCIL DECISION

In its evaluation of the contributions made by national, regional and local authorities, specialised bodies, NGOs and the social partners to the debate on equality and non‑discrimination in response to the Green Paper, the Commission pinpointed three priority areas for the future Community financing.

These areas, which are set out in a Communication entitled ‘Non-discrimination and equal opportunities for all - a Framework strategy’, are: information and awareness raising, analysis and monitoring of the impact of anti-discrimination legislation, and networking between the people involved in the fight against discrimination[9].

In the same Communication, the Commission announced its intention to promote this programme by organising a "European Year of Equal Opportunities for All’, which essentially hinges on the four following objectives:

1.  Raising public awareness of people’s rights in the field of equality and non‑discrimination;

2.  Fuelling the debate on ways to strengthen social participation by under‑represented groups;

3.  Celebrating diversity;

4.  Promoting respect and tolerance.

As to implementation of the decision, the Commission plans to develop ‘operational guidelines’ which are to serve as a basis for the ‘national strategic plans’ that Member States must submit to the Commission by December 2006. Once approved by the Commission, those plans would lead on to delegation of budgetary implementing powers to the national bodies responsible for financial management of the projects.

3. RAPPORTEUR’S OPINION

The European Union now has legislation in the field of combating discrimination. However, many European citizens do not know that this legislation exists or know little about it. Your rapporteur is therefore wholly in favour of a media event on the scale of a ‘European Year’ being organised, in that this is an excellent tool for raising awareness among, and providing information to, the European public. Moreover, the EP recently clearly expressed itself in favour of this, when it urged the Council, the Commission and the Member States to promote and support the ‘values and practices underlying the fight against discrimination, including through the use of awareness-raising campaigns’[10]. This is also something explicitly provided for in Directives 2000/43/EC (Article 10) and 2000/78/EC (Article 12), under which the Member States are required to bring the provisions adopted with regard to equal treatment to the attention of the people concerned ‘by all appropriate means’.

Furthermore, in view of the delays in certain Member States in the transposition of the directives referred to above, and the infringement proceedings the Commission has had to open against some of them, your rapporteur hopes that the European Year of Equal Opportunities will mobilise the general public and thereby create a climate which brings pressure to bear on the Member States that are dragging their feet.

Your rapporteur therefore suggests that the emphasis be placed on two main principles:

-  treat all forms of discrimination similarly and combat them in the same manner. In this way, all the forms of discrimination set out in Article 13 of the Treaty, and also in Article 21 of the Charter of Fundamental Rights must be addressed in all the Member States during the European Year of Equal Opportunities for All. It should be pointed out in this respect that Article 21 of the Charter, which is an integral part of the Constitutional Treaty (Part II, Title III, Article II-81), refers to several types of discrimination that do not appear in Article 13 of the EC Treaty, being worded as follows: ‘Any discrimination based on any ground 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 shall be prohibited.’

-  draw attention to and provide information on the existing legislation to enable the citizens of Europe to make it their own. This will ensure that the European Year of Equal Opportunities continues to have an impact after 2007, in promoting better transposition and implementation of European legislation at a national level.

In this respect, your rapporteur considers that the involvement of society as a whole in this European Year should be encouraged so that, as is the Commission’s own desire, the event reaches beyond traditional interest groups on equality issues. In practice, that entails putting in place a decentralised organisational system, not least at regional and urban area level, in order to bring this European Year closer to the public, and also strengthening NGO participation at every stage of the process, from preparation to implementation to evaluation. Moreover, the European Year must promote the activities of specialist NGOs in the fight against discrimination and enable dialogue to be enhanced between all the players concerned (NGOs, public authorities, European authorities, etc.).

Furthermore, your rapporteur notes that, as the Commission indicates in its Green Paper on Equality and non-discrimination, only a minority of Member States make a direct link between measures to combat discrimination and those to combat social exclusion, when these are two related phenomenon. Besides this, the directives relating to racial equality and the field of employment, as well as the multi-annual programme for combating discrimination are part of a far broader Community aimed at promoting the integration and participation of disadvantaged groups[11]. Your rapporteur would therefore like a clear link between discrimination and exclusion to be established and highlighted as part of the European Year of Equal Opportunities for All, and for just as much emphasis to be placed on the importance of integration as on the benefits of diversity.

Lastly, this European Year must address the issue of multiple discrimination. Some persons or communities are discriminated against on several grounds (social origin and ethnic origin, etc.). The European Year of Equal Opportunities for All must focus consideration on the best way to combat such multiple discrimination.

5.10.2005

OPINION OF THE COMMITTEE ON WOMEN’S RIGHTS AND GENDER EQUALITY

for the Committee on Civil Liberties, Justice and Home Affairs

on the proposal for a decision of the European Parliament and of the Council on the European Year of Equal Opportunities for All (2007) - Towards a Just Society

(COM(2005)0225 – C6‑0178/2005 – 2005/0107(COD))

Draftswoman: Eva-Britt Svensson

AMENDMENTS

The Committee on Women’s Rights and Gender Equality calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to incorporate the following amendments in its report:

Text proposed by the Commission[12]Amendments by Parliament

Amendment 1

Recital 2

Non-discrimination is a fundamental principle of the European Union. Article 21 of the Charter of Fundamental Rights of the European Union prohibits discrimination on a variety of grounds.

Non-discrimination is a fundamental principle of the European Union. Article 13 of the Treaty establishing the European Community prohibits discrimination on a variety of grounds, as does Article 21 of the Charter of Fundamental Rights of the European Union.

Justification

The Charter of Fundamental Rights is not yet binding. Accordingly, it is more appropriate to refer also to Article 13 of the ECT, which establishes the principle that all forms of discrimination are to be combated.

Amendment 2

Recital 7

European legislation has significantly raised the level of guaranteed equality and protection against inequalities and discrimination across the EU and acted as a catalyst for the development of a more coherent, rights-based approach to equality and non-discrimination.

European legislation has significantly raised the level of guaranteed equality and protection against inequalities and discrimination across the EU and acted as a catalyst for the development of a more coherent, rights-based approach to equality and non-discrimination. Despite this fact, citizens in the EU still encounter discrimination and unequal treatment in their daily lives.

Amendment 3

Recital 7 a (new)

 

(7a) Gender equality is not a question of a minority group facing inequality. Gender inequality predominantly affects the majority of the population, and it is essential that differences based on gender be taken fully into account in action in relation to age, disability, religion or belief, race and sexual orientation.

Amendment 4

Recital 8

(8) Key to the successful impact of the Community non-discrimination legislative framework is the extent to which it enjoys broad popular support. The European Year should act as a catalyst in raising awareness and in building momentum. It should help to focus political attention and mobilise everyone concerned in order to drive forward the new equal opportunities framework strategy of the European Union.

(8) Key to the successful impact of the Community non-discrimination legislative framework is the extent to which it enjoys broad popular support. The European Year should act as a catalyst in raising awareness and in building momentum. It should help to focus political attention and mobilise everyone concerned in order to drive forward the new equal opportunities framework strategy of the European Union and gender mainstreaming.

Amendment 5

Recital 9

The varying levels of progress made at national level and the differing national socio-economic, and cultural contexts and sensitivities call for the bulk of activities of the Year to be decentralised at national level, through a system of indirect centralised management in accordance with the procedures as laid down in article 54(2)(c) of the Financial Regulation and its implementing rules.

The varying levels of progress made at national level and the differing national socio-economic, and cultural contexts and sensitivities call for the bulk of activities of the Year to be decentralised at national level, through a system of indirect centralised management in accordance with the procedures as laid down in article 54(2)(c) of the Financial Regulation and its implementing rules. In particular, social partners and relevant non-governmental organisations must be encouraged to participate in order to attain the objectives.

Amendment 6

Article 2, point (a)

(a) Rights – Raising awareness on the right to equality and non-discrimination - The European Year will highlight the message that all people, irrespective of their sex, racial or ethnic origin, religion or belief, disability, age and sexual orientation are entitled to equal treatment.

(a) Rights - Raising awareness on the right to equality and non-discrimination (most Community legislation on equality - that is, more than ten directives - is gender equality legislation) - The European Year will highlight the message that all people, irrespective of their sex, racial or ethnic origin, religion or belief, disability, age and sexual orientation are entitled to equal opportunities and treatment.

Amendment 7

Article 2, point (b)

(b) Representation – Stimulating a debate on ways to increase the participation of under-represented groups in society – The European Year will encourage reflection and discussion on the need to promote their greater participation in society in all sectors and at all levels.

(b) Representation - Stimulating a debate on ways to increase the participation of under-represented groups in society - The European Year will encourage reflection and discussion on the need to promote their greater participation in society in all sectors and at all levels, taking into account the fact that women make up more than half the population of the European Union and are under-represented in all sectors of decision-making and at all levels.

Amendment 8

Article 2, point (c)

(c) Recognition – Celebrating and accommodating diversity – The European Year will highlight the positive contribution that people, irrespective of their sex, racial or ethnic origin, religion or beliefs, capacities, age and sexual orientation can make to society as a whole, in particular by accentuating the benefits of diversity.

(c) Recognition - Celebrating and accommodating diversity - The European Year will highlight the positive contribution that people, irrespective of their sex, racial or ethnic origin, religion or beliefs, capacities, age and sexual orientation can make to society as a whole, in particular by accentuating the benefits of diversity. The contribution to society of women of all ages and groups (especially Roma women) is considerable and yet widely under-estimated.

Amendment 9

Article 2, point (d)

(d) Respect and tolerance – Promoting a more cohesive society –The European Year will raise awareness about the importance of, promoting good relations between all in society, and in particular among young people, and promoting and disseminating the values underlying the fight against discrimination.

(d) Respect and tolerance - Promoting a more cohesive and responsible society - The European Year will raise awareness about the importance of eliminating stereotypes, prejudice and violence, promoting good relations between all in society and in particular among young people, and promoting and disseminating the values underlying the fight against discrimination, in particular the responsibility for this which rests with members of the public and civic organisations.

Amendment 10

Article 2, paragraph 1 a (new)

 

1a. In all the activities referred to in paragraph 1, the elimination of inequalities and the promotion of equality between men and women shall be a horizontal aim.

Amendment 11

Article 3, paragraph 1, point (c)

(c) cooperation with media, business and enterprise;

(c) cooperation with media, business and enterprise at local, regional and national level and non-governmental organisations active in the field of combating discrimination;

Amendment 12

Article 4, paragraph 3

It shall conduct a regular exchange of views with stakeholders particularly at European level on the design, implementation and follow-up of the European Year. To that end, the Commission shall make the relevant information available to such stakeholders. The Commission shall inform the Committee established under Article 6(1) of their opinion.

 

It shall conduct a regular exchange of views with stakeholders particularly at European level on the design, implementation, follow-up and assessment of the European Year. To that end, the Commission shall make the relevant information available to such stakeholders. The Commission shall inform the Committee established under Article 6(1) of their opinion.

Justification

Stakeholders in the European Year of Equal Opportunities for All must be able to participate fully not only in the design and implementation of the objectives of the European Year but also in its assessment.

Amendment 13

Article 5, paragraph 1, subparagraph 2

Each State shall ensure that this body is involved in the design, definition and execution of the National Policy Plan to be submitted to the Commission by 31 December 2006 at the latest. National Policy Plans shall consist of translating the objectives set out in Article 2 into the national and cultural contexts.

Each State shall ensure that this body is involved in the design, definition, execution and assessment of the National Policy Plan to be submitted to the Commission by 31 December 2006 at the latest. National Policy Plans shall consist of translating the objectives set out in Article 2 into the national and cultural contexts.

Justification

The body responsible at national level for the implementation of the European Year should be involved not only in the design of the National Policy Plan which implements the objectives stated for the European Year but also in its assessment at national level.

Amendment 14

Article 6, paragraph 1

1. The Commission shall be assisted by a committee, composed of one representative per State and chaired by a representative of the Commission. The representative per State shall be designated from the national intermediary body as referred to in Article 5(2).

1. The Commission shall be assisted by a committee, composed of one representative per State and a few representatives of relevant international organisations and chaired by a representative of the Commission. The representative per State shall be designated from the national intermediary body as referred to in Article 5(2).

Amendment 15

Article 6, paragraph 1 a (new)

 

1a. The Commission and the Member States shall ensure that women and men are equally represented on the Committee.

Amendment 16

Article 7, paragraph 1

1. Measures which are Community-wide in nature, as described in Part I of the Annex, may be subsidised up to 80% or give rise to procurement contracts financed from the general budget of the European Communities.

1. Measures which are Community-wide in nature - including initiatives of relevant international organisations - as described in Part I of the Annex, may be subsidised up to 80% or give rise to procurement contracts financed from the general budget of the European Communities.

Amendment 17

Article 12

Within the framework of the European Year, the Commission may cooperate with the relevant international organisations.

Within the framework of the European Year, the Commission shall cooperate with the relevant international organisations.

Amendment 18

Annex, title I, point 3, paragraph 1

Cooperation with corporate, broadcasting and media organisations in particular as partners spreading the information about the European Year

Cooperation with non-governmental, corporate, broadcasting and media organisations in particular as partners spreading the information about the European Year

Justification

Non-governmental organisations should be fully fledged partners in the implementation of the European Year and fully involved in spreading information about it among the general public.

Amendment 19

Annex, title II, paragraph 5, point (c)

(c) Cooperation with corporate, broadcasting and media organisations in particular as partners spreading the information about the European Year at national level

(c) Cooperation with nongovernmental, corporate, broadcasting and media organisations in particular as partners spreading the information about the European Year at national level

Justification

Non-governmental organisations should be fully fledged partners in the implementation of the European Year and fully involved in spreading information about it among the general public.

Amendment 20

Annex, section II, paragraph 1, point (e a) (new)

 

(ea) has an equal representation of women and men

PROCEDURE

Title

Proposal for a decision of the European Parliament and of the Council on the European Year of Equal Opportunities for All (2007) - Towards a Just Society

References

COM(2005)0225 – C6‑0178/2005 – 2005/0107(COD)

Committee responsible

LIBE

Opinion by
  Date announced in plenary

FEMM

6.9.2005

Enhanced cooperation

No

Draftsman
  Date appointed

Eva-Britt Svensson

31.8.2005

Discussed in committee

15.9.2005

5.10.2005

 

 

 

Date amendments adopted

5.10.2005

Result of final vote

for:

against:

abstentions:

25

0

1

Members present for the final vote

Edit Bauer, Hiltrud Breyer, Edite Estrela, Claire Gibault, Lissy Gröner, Zita Gurmai, Anneli Jäätteenmäki, Lívia Járóka, Rodi Kratsa-Tsagaropoulou, Urszula Krupa, Pia Elda Locatelli, Astrid Lulling, Angelika Niebler, Marie Panayotopoulos-Cassiotou, Marie-Line Reynaud, Teresa Riera Madurell, Raül Romeva i Rueda, Amalia Sartori, Eva-Britt Svensson, Britta Thomsen, Corien Wortmann-Kool, Anna Záborská

Substitutes present for the final vote

Anna Hedh, Mary Honeyball, Sophia in 't Veld, Karin Resetarits

Substitutes under Rule 178(2) present for the final vote

 

PROCEDURE

Title

Proposal for a decision of the European Parliament and of the Council on the European Year of Equal Opportunities for All (2007) - Towards a Just Society

References

COM(2005)0225 – C6‑0178/2005 – 2005/0107(COD)

Date submitted to Parliament

1.6.2005

Committee responsible
  Date announced in plenary

LIBE

6.9.2005

Committee(s) asked for opinion(s)
  Date announced in plenary

FEMM

6.9.2005

EMPL

6.9.2005

CULT

6.9.2005

BUDG

6.9.2005

 

Not delivering opinion(s)
  Date of decision

CULT
16.6.2005

EMPL

7.9.2005

BUDG

28.9.2005

 

 

Enhanced cooperation
  Date announced in plenary

 

 

 

 

 

Rapporteur(s)
  Date appointed

Martine Roure
4.7.2005

 

Previous rapporteur(s)

 

 

Simplified procedure – date of decision

 

Legal basis disputed
  Date of JURI opinion

 

 

 

Financial endowment amended
  Date of BUDG opinion

 

 

 

European Economic and Social Committee consulted – date of decision in plenary

 

Committee of the Regions consulted – date of decision in plenary

 

Discussed in committee

5.9.2005

13.9.2005

4.10.2005

24.11.2005

 

Date adopted

24.11.2005

Result of final vote

for:

against:

abstentions:

33

1

0

Members present for the final vote

Edit Bauer, Johannes Blokland, Mihael Brejc, Kathalijne Maria Buitenweg, Michael Cashman, Giusto Catania, Charlotte Cederschiöld, Carlos Coelho, Agustín Díaz de Mera García Consuegra, Rosa Díez González, Kinga Gál, Patrick Gaubert, Adeline Hazan, Lívia Járóka, Ewa Klamt, Magda Kósáné Kovács, Wolfgang Kreissl-Dörfler, Barbara Kudrycka, Stavros Lambrinidis, Sarah Ludford, Edith Mastenbroek, Martine Roure, Inger Segelström, Manfred Weber, Tatjana Ždanoka

Substitute(s) present for the final vote

Gérard Deprez, Genowefa Grabowska, Jeanine Hennis-Plasschaert, Sylvia-Yvonne Kaufmann, Bill Newton Dunn, Herbert Reul, Marie-Line Reynaud

Substitute(s) under Rule 178(2) present for the final vote

Sharon Margaret Bowles, Othmar Karas

Date tabled

28.11.2005

Comments (available in one language only)

 

  • [1]  Not yet published in OJ.
  • [2]               Council Regulation (EC, Euratom) n° 1065/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 248,16.9.2002); Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 357, 31.12.2002).
  • [3]  A6-0140/2005 of 10.5.2005, recital A.
  • [4]  The Treaty of Nice added a second paragraph that enables the Council, acting by a qualified majority, to adopt incentive measures: ‘2. By way of derogation from paragraph 1, when the Council adopts Community incentive measures, excluding any harmonisation of the laws and regulations of the Member States, to support action taken by the Member States in order to contribute to the achievement of the objectives referred to in paragraph 1, it shall act in accordance with the procedure referred to in Article 251’. It is precisely Article 13(2) that serves as the legal basis for this proposal for a decision.
  • [5]  Namely Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (published in OJ L 180 of 19 July 2000) and Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (published in OJ L 303 of 2 December 2000).
  • [6]  Council Decision 2000/750/EC of 27 November 2000 establishing a Community action programme to combat discrimination (2001-2006), published in OJ L 303 of 2.12.2000.
  • [7]  COM(2004) 488 final, 14.7.2004.
  • [8]  COM(2004) 379 final, 28.05.2004
  • [9]  COM(2005) 224 final, 1.6.2005, p. 4.
  • [10]  Moraes Report, paragraph 58, second indent.
  • [11]  See COM(2004) 379 final, p. 22.
  • [12]  OJ C .., 19.9.2005, p. ...