Changes from plenary report to adopted text

RemovedArticle 10 – paragraph 2 b (new): This Directive is without prejudice to national law, rules, procedures and practice concerning representation and defence by the social partners before the courts, to collective redress mechanisms and to other rights, prerogatives and competences of the social partners and workers’ and employers’ representatives, such as those relating to the enforcement of collective agreements.

RemovedArticle 11 – title: Equal access, accessibility and reasonable accommodation

RemovedArticle 11 – paragraph 1: 1. Member States shall guarantee access to equality bodies’ services and publications on an equal basis for all and ensure that there are no barriers to submission of complaints or to assistance to persons who have experienced discrimination, through the establishment of local and regional offices, including mobile offices, and the establishment of accessible and user-friendly digital tools and platforms.

RemovedArticle 11 – paragraph 2: 2. Member States shall ensure that equality bodies provide all their services, including court representation, at no cost to complainants, throughout their territory, including in rural and remote areas and in outermost regions.

RemovedArticle 11 – paragraph 3: 3. Member States shall ensure accessibility, including in accordance with Directives (EU) 2016/2102 and (EU) 2019/882, and provide reasonable accommodation for persons with disabilities and persons belonging to other groups at risk of discrimination, such as LGBTI persons and migrants, to guarantee their equal access to all services, activities and information of equality bodies, including assistance to persons who have experienced discrimination, complaint submission and handling, alternative dispute resolution mechanisms, information and publications, and prevention, promotion and awareness-raising activities.

RemovedArticle 12 – paragraph 1: Member States shall ensure that equality bodies, without prejudice to their independence, have appropriate mechanisms in place to cooperate, within their respective fields of competence, with other equality bodies within the same Member State, with equality bodies of other Member States, including in the framework of and with the European Network of Equality Bodies (Equinet), and with relevant public and private entities, including local governments, the social partners and civil society organisations, at national, regional, local level, as well as in other Member States and at Union and international level. Member States shall ensure that equality bodies cooperate in an equal manner with relevant Union bodies, offices and agencies, such as the European Institute for Gender Equality and the European Union Agency for Fundamental Rights.

RemovedArticle 13 – paragraph 1: Member States shall implement gender mainstreaming effectively in their national policies as an important tool to achieve gender equality and put in place transparent procedures to ensure that the government and other public institutions consult equality bodies on legislation, policy, procedure, programmes, and practices related to the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU in a timely manner. Member States shall ensure that equality bodies have the necessary means to provide feedback received as a result of such consultations with Equinet.

RemovedArticle 14 – title: Data collection and access to equality statistics

RemovedArticle 14 – paragraph 2: 2. The data collected shall be disaggregated by grounds and fields covered by Directives 2006/54/EC and 2010/41/EU, taking into account multiple and intersectional discrimination, and in accordance with the indicators referred to in Article 16. The personal data collected shall be anonymised and, where not possible, pseudonymised.

RemovedArticle 14 – paragraph 3: 3. Member States shall ensure that equality bodies can access statistics related to the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU collected by public and private entities including public authorities, the social partners, companies, and civil society organisations where they deem such statistics necessary to make an overall assessment of the situation regarding discrimination in the Member State, and for drawing up the report referred to in Article 15, point (c), of this Directive. The statistical data collected by public and private entities shall be made available in an accessible format so that it can be easily used by equality bodies.

RemovedArticle 14 – paragraph 4: 4. Member States shall allow equality bodies to make recommendations on which data could be collected in relation to the rights and obligations derived from Directives 2006/54/EC and 2010/41/EU, to public and private entities including public authorities, the social partners, companies and civil society organisations. Member States shall also allow equality bodies to play a coordination role in the collection of equality data.

RemovedArticle 14 – paragraph 5: 5. Member States shall ensure that equality bodies may conduct and commission independent surveys, research and reports concerning discrimination, including intersectional, structural and systemic discrimination.

RemovedArticle 14 – paragraph 5 a (new): 5a. Member States shall ensure that equality bodies have the right to make public statements and produce and publish research, recommendations and reports without prior permission or approval from or without being required to notify the government or any institution or external party.

RemovedArticle 15 – paragraph 1 – point c: (c) publish an independent report, with recommendations, ensuring an intersectional approach, at least every three years, on the state of equal treatment and discrimination, including potential structural issues, and any action or attempt to backslide in those areas, as well as an analysis of their budget in their Member State;

RemovedArticle 15 – paragraph 1 – point c a (new): (ca) engage in a sustainable dialogue with the government and other authorities; the government and other authorities shall take into account the equality bodies' recommendations on legislation, policies, procedures, programmes and practice, and take action where necessary, and;

RemovedArticle 15 – paragraph 1 – point c b (new): (cb) develop and track output and impact indicators established in accordance with Article 16 to assess their progress and conduct, with Equinet, an evaluation of their functioning at least every four years.

RemovedArticle 16 – paragraph 1: 1. The Commission shall, by means of a delegated act, establish a list of common indicators to measure the practical effects of this Directive, in cooperation with Equinet and making use of Equinet’s indicators. When preparing the indicators, the Commission shall also seek advice from the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. Those indicators shall cover the human, technical, material and financial resources, independent functioning, activities, accessibility and effectiveness of equality bodies, as well as evolutions in their mandate, powers, appointments or structure, ensuring the comparability, objectivity and reliability of the data collected at national level.

RemovedArticle 16 – paragraph 2: 2. By [3 years after the date of transposition], and every 3 years thereafter, Member States shall provide the Commission with all relevant information regarding the application of this Directive, including data on its practical effects collected on the basis of the indicators referred to in paragraph 1 of this Article, and in particular taking into account the reports drawn up by the equality bodies under Article 15, points (b) and (c).

RemovedArticle 16 – paragraph 3: 3. The Commission shall draw up a report on the application and practical effects of this Directive, based on the information referred to in paragraph 2 and additional relevant data collected at national and Union level, in particular from equality bodies, Equinet, civil society organisations and stakeholders, by the European Union Agency for Fundamental Rights and the European Institute for Gender Equality. The Commission shall evaluate, with the involvement of Equinet, the European Institute for Gender Equality, the European Union Agency for Fundamental Rights, Eurofound and other relevant bodies, offices and agencies of the Union, based on the information it has received, the situation of discrimination in each Member State. The Commission shall draw up an index and a balance sheet for each Member State describing the situation regarding discrimination and their performance as regards anti-discrimination measures and shall issue follow-up recommendations. The Commission’s report on the application and practical effects of this Directive shall contain a specific assessment of the independent functioning of equality bodies. Complaints on any interference may be submitted to the Commission. The Commission shall add such complaints to the report and shall further investigate the allegations contained therein.

RemovedArticle 17 – paragraph 2: 2. The implementation of this Directive shall under no circumstances constitute grounds for a reduction in the level of protection against discrimination already afforded by Member States in the matters covered by Directives 2006/54/EC, 2010/41/EU and 2023/970/EU.

RemovedArticle 18 – paragraph 1: 1. Member States shall ensure that equality bodies may collect and process personal data only where necessary for the fulfilment of the tasks under this Directive and where the data collection and processing is in full compliance with Regulation (EU) 2016/679.

RemovedArticle 18 – paragraph 2: 2. Member States shall ensure that when equality bodies process special categories of personal data, within the meaning of Regulation (EU) 2016/679, namely data on racial or ethnic origin, where possible under national law, religion or belief, disability, sexual orientation, suitable and specific measures are provided 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.

RemovedArticle 20 – paragraph 1 – subparagraph 1: Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [12 months] at the latest. They shall immediately inform the Commission thereof.