Changes from plenary report to adopted text

RemovedRecital 37: (37) The Union and all Member States are parties to the UN Convention on the Rights of Persons with Disabilities 73 (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 digital 74 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, victimisation and hate speech.

RemovedRecital 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. In order to address overlapping competences, to enable joint action and to optimise the use of resources, where several equality bodies exist within the same Member State, coordination between them should be ensured and their competences should be adjusted accordingly. Equality bodies also should cooperate with other equality bodies in other Member States – including in the framework of the European Network of Equality Bodies (Equinet) – and with public and private entities at local, regional, national, Union and international level, such as the social partners, civil society organisations, Union bodies, offices and agencies, data protection authorities, trade unions, 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, indigenous groups such as Samí Parliaments, consumer protection 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-r…

RemovedRecital 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 and update them as often as they deem necessary.

RemovedRecital 40: (40) Equality data, in particular gender-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 disaggregated data on their own activities or conduct 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, the 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 t…

RemovedRecital 41: (41) Equality bodies should publish an annual report on their activities. Every three years, they should also publish, as part of the annual report of that year, a report featuring an overall assessment of the situation regarding discrimination falling under their mandate in the Member States. That report should provide information, recommendations and follow-up thereto for public and private entities and serve as a guide to determine the equality bodies’ priorities for the future. Reports should not contain any personal data. Equality bodies should be provided with sufficient resources in order to carry out the reporting tasks with which they are entrusted.

RemovedRecital 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, including online, falling under their mandate as part of a long-term action plan. The competence and powers attached to all mandates in such institution should be harmonised and reinforced so that each mandate should as far as possible enjoy the broadest competences and powers available to any of the other mandates.

RemovedRecital 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 every three years 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 European Union Agency for Fundamental Rights, the European Institute for Gender Equality and Equinet.

RemovedRecital 43 a (new): (43a) In order to ensure uniform conditions for the implementation of Member States’ reporting obligations under this Directive, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of establishing a list of common indicators to measure the practical effects of this Directive. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making1a. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. / 1a OJ L 123, 12.5.2016, p. 1.

RemovedRecital 44: (44) This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions. Member States are encouraged to introduce or maintain 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.

RemovedRecital 48: (48) Where the fulfilment of the tasks of equality bodies requires the processing of special categories of personal data, within the meaning 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.

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

RemovedArticle 1 – paragraph 2 a (new): 2a. For the purpose of complying with the prohibition of discrimination as laid down in Article 4 of Directive 2006/54/EC and in Directive 2010/41/EU and as derived from the case law of the Court of Justice, Member States shall ensure that when complying with their obligations under this Directive and when equality bodies exercise their tasks thereunder the principle of equal treatment applies to all persons in all their diversity, irrespective of their sex, gender, gender identity, gender expression or sex characteristics.

RemovedArticle 2 – paragraph 1: Member States shall designate and make the necessary arrangements for one or more bodies (hereinafter referred to as ‘equality bodies’) to exercise the competences laid down in this Directive. Member States shall ensure that the institutional architecture of equality bodies is coherent in such a way that it would not hamper the ability of equality bodies to exercise their competences.

RemovedArticle 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. Where equality bodies form part of such agencies, Member States shall ensure that they are visible and involved at all stages and shall allow for full transparency and accountability in the process.

RemovedArticle 2 – paragraph 2 a (new): Member States shall ensure that equality bodies cover single or multiple grounds of discrimination with a clear and appropriate focus on each of the grounds.

RemovedArticle 2 – paragraph 2 b (new): Equality bodies shall ensure gender parity in leadership and senior management positions reflecting the diversity of society at large.

RemovedArticle 3 – paragraph 1: 1. Member States shall take measures to ensure that equality bodies are fully independent, autonomous and are free from external influence in performing their tasks, deciding on their objectives and actions and exercising their competences, in particular as regards their legal structure, accountability, budget, resources, staffing, communication and organisational matters.

RemovedArticle 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 or seeking instructions from the government in order to preserve their nature as independent bodies.

RemovedArticle 3 – paragraph 2: 2. Member States shall provide for transparent, participatory and competence-based rules, processes 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, processes and safeguards shall concern, in particular, persons holding managerial positions, for example members of boards managing equality bodies, heads of equality bodies, deputy heads of equality bodies and, where applicable, interim heads of equality bodies in order to guarantee the competence of equality bodies and that they are fully independent from any kind of external or internal interference.

RemovedArticle 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 persons who have experienced discrimination, while allowing for cooperation and coordination among mandates and the sharing of staff experience and practices in view of promoting coherence and making the best use of staff’s expertise.

RemovedArticle 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 effective fulfilment of their tasks and the autonomous exercise of the equality mandate without external influence.

RemovedArticle 4 – paragraph 1: 1. Member States shall ensure, in accordance with their national budgetary processes, that each equality body has budgetary and financial autonomy and is provided with the stable 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 where equality bodies are part of a multi-mandate body, and 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. Member States shall ensure that equality bodies are allocated their budget in a stable manner, that their budget is planned on a multi-annual basis and that their resources and budget are adjusted upwards accordingly when their competences are increased. Member States shall ensure that equality bodies’ budgets cover costs that might be difficult to anticipate, such as costs linked to litigation.

RemovedArticle 5 – paragraph 1 – point a: (a) adopt a strategy to raise awareness of the general population, throughout their territory, with particular attention to individuals at risk of discrimination, such as young people, families in all their diversity, and groups at risk of discrimination, in a manner and in formats that are accessible for all, on the rights under Directives 2006/54/EC and 2010/41/EU and the way in which they can be exercised and on the existence and competences of equality bodies and their services;

RemovedArticle 5 – paragraph 1 – point b: (b) ensure the conditions for equality bodies to: / (i) engage in the prevention of discrimination and in the promotion of equal treatment, to guarantee their independence when they adopt a strategy defining how they will engage in public dialogue, communicate with individuals, social partners, civil society and groups at risk of discrimination, and to ensure an inclusive approach in combating intersectional and multiple discrimination and underreporting; / (ii) provide training, advice and guidance to individuals and institutions in the public and private sector on good practices for promoting and achieving equality and preventing discrimination; / (iii) promote equality duties, equality and gender mainstreaming and positive action among public and private entities, and to support, and provide guidance on, the implementation of equality duties, equality and gender mainstreaming and positive action, and; / (iv) be able to carry out research on discrimination, including structural or systemic discrimination, and on online discrimination, including biases and algorithmic discrimination.

RemovedArticle 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 and include digital tools and means of communication. They shall focus in particular on disadvantaged groups whose access to information can be hindered, for example by their health and socio-economic status, age, disability, literacy, nationality, membership of a national minority, language, residence status, remote and rural geographic location, or their lack of public or private access to online tools.

RemovedArticle 6 – title: Assistance to persons who have experienced discrimination

RemovedArticle 6 – paragraph 1: 1. Member States shall ensure that equality bodies are able to provide assistance free of charge to persons who have experienced discrimination in accordance with this Directive.

RemovedArticle 6 – paragraph 2: 2. Equality bodies shall be able to receive complaints of discrimination by all possible means, including orally, in writing and online.

RemovedArticle 6 – paragraph 3 – subparagraph 1: Equality bodies shall provide assistance to persons who have experienced discrimination and to their mandated trade union representatives, including legal advice and information about the legal framework, advice targeted to the specific situation and needs of the persons who experienced discrimination 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.

RemovedArticle 6 – paragraph 3 – subparagraph 2: Equality bodies shall also inform persons who have experienced discrimination about the confidentiality rules applicable, on the protection of personal data and on the possibilities to obtain psychological or other types of support from other bodies or organisations.

RemovedArticle 6 – paragraph 3 – subparagraph 2 a (new): Information as referred to in the second subparagraph of this paragraph shall be provided in an accessible manner and in a format which is adapted to the needs of people with disabilities.

RemovedArticle 6 – paragraph 4 – subparagraph 1: Equality bodies may provide persons who have experienced discrimination with a first consultation on their case. Equality bodies shall be able to establish the arrangements of such first consultations.

RemovedArticle 6 – paragraph 4 – subparagraph 2: Following a first consultation as referred to in the first subparagraph of this paragraph, equality bodies shall inform the person who has experienced discrimination of the conclusion they have reached and their reasons therefor 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, 8a and 9.

RemovedArticle 7 – title: Alternative dispute resolution

RemovedArticle 7 – paragraph 1: Equality bodies or other existing dedicated entities shall be able to offer the parties to a dispute the possibility to resolve their dispute by means of alternative dispute resolution, including within the framework of a conciliation and mediation structure. This alternative dispute resolution 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. Parties shall have a possibility to be assisted or represented by social partners. The conciliation and mediation structure shall consist of experts in human rights law from both parties to the dispute. Where a dispute is heard within the conciliation and mediation structure, impartial lawyers shall prepare the case. Decisions issued within the framework of the conciliation and mediation structure shall be legally binding, provided that both parties to the dispute agree.

RemovedArticle 7 – paragraph 1 a (new): 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 issued within the framework of the conciliation and mediation structure. Such a conciliation and mediation process shall not replace or undermine existing national conciliatory procedures where such procedures are able to provide better anti-discrimination protection.

RemovedArticle 7 – paragraph 1 b (new): 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.

RemovedArticle 8 – title: Investigation

RemovedArticle 8 – paragraph 1: 1. Member States shall ensure that equality bodies are empowered to effectively investigate, following a complaint or on their own initiative, whether a breach of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU has occurred.

RemovedArticle 8 – paragraph 2 – subparagraph 2: In particular, that framework shall provide equality bodies with effective rights to access information and documents which are necessary to establish whether discrimination has occurred and with the power to oblige alleged perpetrators and third parties to provide them with information and documents when requested. It shall also provide for appropriate mechanisms for equality bodies to cooperate with relevant public bodies, such as labour inspectorates or other enforcement bodies, and shall provide equality bodies with the power to ensure such public bodies cooperate with them for that purpose. Equality bodies shall respect the confidentiality of all information and documents received.

RemovedArticle 8 – paragraph 3: deleted

RemovedArticle 8 – paragraph 3 a (new): 3a. Where they consider it useful and necessary for the proper conduct of investigations, equality bodies may entrust other competent bodies with the power to investigate whether breaches of the principle of equal treatment laid down in Directives 2006/54/EC and 2010/41/EU have occurred and with the power to carry out fact finding as provided for in this Directive.

RemovedArticle 8 – paragraph 4 – subparagraph 1: deleted

RemovedArticle 8 – paragraph 4 – subparagraph 2: deleted

RemovedArticle 8 – paragraph 4 – subparagraph 3: deleted

RemovedArticle 8 a (new): Article 8a / 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 and civil society organisations, whether the equality bodies are to assess cases by means of non-binding opinions or binding enforceable decisions. / 2. Opinions and decisions issued by equality bodies shall include specific measures to remedy any breach found to have occurred and to prevent further occurrences. Member States shall establish appropriate mechanisms to follow up on non-binding opinions, such as obligations to provide feedback, and to follow up on binding enforceable decisions. In the case of binding enforceable decisions, equality bodies may have the competence to impose effective, proportionate and dissuasive sanctions, in accordance with national law and practices. / 3. Equality bodies shall publish summaries of their opinions and decisions, without disclosing personal data. The personal data of the parties concerned may be disclosed in the opinions and decisions of equality bodies where provided for in, and in accordance with the conditions laid down by, national law, in particular for the purpose of enforcing the decisions of equality bodies.

RemovedArticle 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 and 3, without prejudice to national rules on the admissibility of actions.

RemovedArticle 9 – paragraph 2 – introductory part: 2. The right to act in court proceedings shall at least include:

RemovedArticle 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 8a;

RemovedArticle 9 – paragraph 2 – point b: (b) the right of the equality body to submit observations to the court;

RemovedArticle 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 persons who have experienced discrimination provided that those persons have been notified;

RemovedArticle 9 – paragraph 2 – point c a (new): (ca) the right of the equality body to initiate court proceedings where it has detected discrimination but no individual complainant pursues the case; and

RemovedArticle 9 – paragraph 2 – point c b (new): (cb) the right of the equality body to act in court proceedings dealing with collective redress actions.

RemovedArticle 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 and discrimination.

RemovedArticle 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.

RemovedArticle 9 – paragraph 4: deleted

RemovedArticle 9 – paragraph 5: deleted

RemovedArticle 10 – paragraph 1: Member States shall ensure that, in the procedures referred to in Articles 6, 7, 8, 8a, 9 and 14 the rights of defence of natural and legal persons involved are duly protected. Member States shall ensure that equality bodies establish internal whistleblower contact points and put in place internal whistleblower protection, guarantee confidentiality of witnesses and whistleblowers, and as far as possible, of complainants and alleged perpetrators.

RemovedArticle 10 – paragraph 2: Decisions referred to in Article 8a shall be subject to judicial review, in accordance with national law.

RemovedArticle 10 – paragraph 2 a (new): This Directive is without prejudice to the competences of labour inspectorates and other enforcement bodies.