|
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 1.6.2005 COM(2005) 225 final 2005/0107 (COD) |
|
|
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 1.6.2005 COM(2005) 225 final 2005/0107 (COD) |
|
(presented by the Commission)
[SEC(2005) 690]
In its Communication on "Working together for growth and jobs – a new start
for the Lisbon
strategy"1, the Commission underlined that "renewed growth is vital to
prosperity, can bring
back full employment and is the foundation of social justice and opportunity
for all".
It will be difficult to achieve the ambitious Lisbon strategic objectives if
large groups of the
EU’s population are excluded from jobs, training and other opportunities.
Eliminating
discrimination in order to reap the benefits of diversity is an important
element in the
development of a more competitive and dynamic economy and society. The
Commission's
Communication on the Social Agenda for the period 2005-2010, emphasised the
importance
of promoting equal opportunities for all in order to achieve a more cohesive
society. It
announced the Commission's intention to develop a new framework strategy on
nondiscrimination
and equal opportunities for all (set out in the Communication that accompanies
this draft Decision).
One of the major initiatives announced in the Communication is to propose that
2007 be
designated European Year of Equal Opportunities for All. The European Year
responds to one
of the key challenges identified by respondents to the Commission's Green
Paper on Equality
and non-discrimination in an enlarged EU2. The vast majority of contributions
called for
further awareness-raising initiatives, in order to challenge discriminatory
attitudes and
behaviour, as well as informing people about their legal rights and
obligations. The global
objective of the Year will be to raise awareness of the benefits of a just,
cohesive society
where there is equality of opportunity for all. This will require tackling
barriers to
participation in society and promoting a climate in which Europe's diversity
is seen as a
source of socio-economic vitality.
A considerable body of European legislation has been put in place over the
past thirty years in
an effort to tackle sex discrimination related to pay, working conditions and
social security.
Today, promoting equality between women and men is recognised as one of the
Community's
essential tasks (Article 2 of the EC Treaty). The Community must aim to
eliminate
inequalities and promote equality between women and men in all its activities
(Article 3(2) of
the EC Treaty).
The adoption of the Amsterdam Treaty in 1997 which introduced a new Article 13
into the
EC Treaty, represented a quantum leap forward in the fight against
discrimination. On the
basis of this Article, the European Community adopt d unanimously and in
record time a
comprehensive package consisting at that time of two Directives3 and a
Community action
programme. The adoption of this package was a demonstration of the European
Union's
commitment to a society free from discrimination. It also served as a signal
to countries
outside the EU that the principle of equality and non-discrimination forms
part of the bedrock
of fundamental rights on which the EU is based. More recently, the Council
adopted
legislation in relation to gender (Directive 2004/113/EC) implementing the
principle of equal
treatment between women and men in the access to and supply of goods and
services.
2007 will be a significant year for the European legislative framework in the
area of
antidiscrimination.
The extra time accorded to some Member States to transpose both the
disability and age provisions of Directive 2000/78/EC will have expired.
Thereafter, all
individuals, irrespective of their racial or ethnic origin, religion or
beliefs, disability, age
and sexual orientation, will be entitled to uniform protection against
discrimination throughout
theEU. In addition, by 31 December 2007, Member States will have to transpose
the provisions
of the Gender Equality Directive 2004/113/EC into their national legal orders.
An effort is required to ensure that these EU laws, which have the potential
to have a huge
impact on people in their daily lives, become more widely known and accessible
to the public.
This will involve promoting better understanding about the harm that
discrimination can
cause as well as underlining that there is a legal obligation not to
discriminate against others.
Despite the enactment of far-reaching EU anti-discrimination and equality legislation, discrimination and inequality continues to be a feature of everyday life in the EU.
Women, who have benefited from legal protection against discrimination for
more than 30
years, continue to be paid on average 15% less than men for comparable work.
European
society continues to fall short of being representative of its diverse
populations – most visibly
in the decision and policy-making arena. For example, only 23% of
parliamentary seats in the
EU are currently occupied by women.
Large-scale surveys conducted by the International Labour Organisation in some
EU
countries have shown that with equal qualifications, personal characteristics
such as ethnicity,
disability and age have a bearing on the prospects of finding a job.
Other groups continue to experience high levels of exclusion, both in terms of
labour market
participation and of poverty. Migrants and ethnic minorities living in
deprived urban areas
often face a double risk of being socially excluded - due to local urban
residence and due to
their ethnicity. An EU study on "the situation of Roma in an enlarged Union"4
reports that, in
countries where data are available, the Roma population experience significant
barriers in
employment and education.
Europe's population is ageing as a result of the decline in fertility and
mortality rates and this
will have huge consequences for the labour market. Europe will see its working
age
population decline by over 20 million during the next 25 years. This
development clearly underlines
the need for offsetting the demographic effects on labour supply by raising
the
participation rates of those excluded, for whatever reason, from the labour
market.
In many EU countries, international migration and increased mobility have
accentuated the
trend towards more ethnic, cultural and religious diversity. The emergence of
2nd and 3rd
generations of the descendants of migrants may require the development of new
policies. The
enlargement of the Union has drawn more attention to the situation of Roma
people, who
constitute the most disadvantaged ethnic minority group in Europe.
Building social cohesion is a key challenge for the Union. This implies
allowing all members
of Europe's diverse society to realise their potential and to participate
fully in economic,
social and political life.
Despite progress achieved to date at EU level to eliminate discrimination and
promote equal
opportunities, there remains much scope for further action. Even the most
carefully drafted
legislation will prove inadequate if the political will is not there to
translate it into long-term
action and if it does not enjoy broad popular support.
Building on and learning from the achievements of previous European Years,
notably the
1997 European Year Against Racism and most recently the 2003 European Year of
People
with Disabilities and the pan-European information Campaign "For diversity –
against
discrimination"5, the European Year of Equal Opportunities for all will
provide an
opportunity to promote a more cohesive society that celebrates differences
within the
framework of EU core values, such as gender equality. It will seek to raise
awareness of the
substantial EU acquis in the field of equality and non-discrimination, as well
as stimulating
debate, dialogue and exchanges of good practice.
4.2.1. Rights – Raising awareness on the right to equality and
non-discrimination
There is a need to improve public awareness about EU legislation on equality
and nondiscrimination.
The EU has one of the most advanced legislative frameworks in the world in
these areas but there appears to be limited public awareness of the rights and
obligations that
this legislation confers. The European Year will seek to highlight the message
to the public at
large that all people, irrespective of their sex, racial or ethnic origin,
religion or belief,
disability, age and sexual orientation are entitled to equal treatment.
4.2.2. Representation – Stimulating debate on ways to increase the
participation in society
Debate and dialogue should be engaged as appropriate to promote greater
participation of
under-represented groups in all sectors and at all levels of society. Equal
opportunities policy
is not simply limited to the elimination of discrimination. It also means
promoting full and
equal participation of all. The disadvantages experienced by some communities
e.g the Roma
are so wide-scale and embedded in the structure of society that positive
action may be
necessary to remedy the nature of their exclusion. In this regard, the
European Year will seek
to highlight the need to promote and develop policies and initiatives to
increase the
participation of groups that are under-represented in society.
4.2.3. Recognition - Celebrating and accommodating diversity
The European Year will aim to raise awareness of the positive contribution
that people,
irrespective of their sex, racial or ethnic origin, religion or beliefs,
disability, age and sexual
orientation make to society as a whole. It will seek to engage the wider
public in an open
debate on what diversity means in today’s Europe and how to create a positive
climate in
which differences are valued and in particular the right to protection against
discrimination is
respected. The European Year will acknowledge the diversity of Europe as a
source of socioeconomic
vitality which should be harnessed, valued and enjoyed because it enriches the
social fabric of Europe and is an important component of Europe’s economic
prosperity.
4.2.4. Respect and tolerance – Promoting a more cohesive society
The European Year will seek to raise awareness about the importance of
promoting good
relations between the various groups in society, and in particular among young
people. It will
also seek to bring different people or groups together in an effort to promote
and disseminate
the values of equal treatment and fight against discrimination. Key to this
will be to work on
eliminating stereotypes and prejudices.
4.3. Delivering change
The European Year will target common barriers and inequalities affecting
several
communities. It will address the reality of discrimination on multiple
grounds. It will ensure
that gender issues are mainstreamed in all its related actions. It will seek
to encourage the
promotion of good relations among different communities, building trust and
understanding
that will contribute to a more cohesive society.
The European Year will also take account of progress made at national level
and the socioeconomic
and cultural contexts in the participating countries. To this end, the
Commission
considers it appropriate to decentralise the bulk of activities of the Year to
the national level.
Activities defined at European level to ensure consistency in the approach can
then be adapted
to the specificities of each participating country.
4.3.1. Working in partnership with the participating countries
The Union can provide a framework for action in support of equal opportunities
for all, but,
tangible progress can only be achieved through close partnership between the
Commission
and the participating countries. To that effect, in respect to the actions at
the national,
regional
or local level, the Commission will delegate its budget implementing powers to
the relevant
national authorities.
To be effective, the EU will seek to engage with a very wide range of
stakeholders, inviting
them to join an ongoing dialogue about the Year’s priorities and delivery
mechanisms.
Consequently, the Year will need to reach beyond traditional interest groups
on
equality/nondiscrimination
issues, in order to mobilise society at large.
To ensure effective delivery, the Commission services will develop operational
guidelines for
the implementation of the European Year. The guidelines will be a point of
reference for the
development of the national policy plans for implementing the European Year
that will have
to be submitted by the participating countries to the Commission by December
2006 at the
latest.. Once approved by the Commission, these plans will condition the
delegation of the
Community budget implementing powers to the relevant selected national
intermediary
bodies.
4.3.2. Working together
Action on equality is, of course, not the sole responsibility of the national authorities. To be effective in meeting its objectives, the European Year should foster the participation of all stakeholders who can promote equality and non-discrimination e.g social partners, representatives of civil society, etc. It must heighten awareness, mobilise and obtain input and long-term commitment from those stakeholders in order to make them active players for the success of the European Year.
To this effect, participating countries will be requested to:
.gif){kind=small}
designate a national coordination body including representatives of the
Government, social
partners, targeted communities and other segments of civil society;
Establish a broad partnership with a view to integrating equal opportunities
issues into all
relevant policy areas, including in the employment and educations sector, the
media, and
the business and policy-making sectors.
The Commission will ensure that the activities financed during the Year will
be
complementary to other relevant Communityaction in fields such as the
Structural Funds,
rural development, education and training, culture, inter-cultural dialogue,
youth, citizenship,
employment, social affairs and equal opportunities, fundamental rights,
immigration and
asylum etc. Coordinating mechanisms will therefore be put in place to avoid
overlap and to
channel support towards promoting the key messages of the Year.
The measures proposed for the European Year of Equal Opportunities for All are
designed to
add value at European level by raising awareness about European core values
(rights to
equality and non-discrimination) and by stimulating public debate in the
increasing diversity
of European society. Given their scale and nature, these are actions which are
best – or which
can only be – carried out at European level. The proposal therefore conforms
to the principle
of subsidiarity set out in Article 5 of the Treaty.
The activities envisaged relate to the provision and exchange of information
and good
practice. There will also be further study in areas where there is a currently
a lack of
information. The proposal for the Year emphasises how important it is to
respect the different
traditions and national contexts of the Member States, both to enable
flexibility in
implementation and to avoid interfering with the good practices which already
exist in some
Member States. In this way, the proposal also complies with the principle of
proportionality.
This proposal for a European Year of Equal Opportunities for All is a direct response to the clear challenge identified in the numerous contributions to the Green Paper on “Equality and Non-Discrimination in an enlarged Union” and to the various external evaluations of Community relevant programmes.
The ex-ante evaluation of the European Year is attached to this proposal for a European Parliament and Council Decision. It has been carried out by the Commission. The results available show the relevance of the support actions proposed in achieving the objectives described above, as well as the value added of Community level action in this area.
Article 1 designates 2007 as the European Year of Equal Opportunities for All
Article 2 defines the objectives of the Year.
Article 3 presents the content of the actions and refers the reader to the
Annex for further
details.
Article 4 defines the terms of co-operation and implementation at Community
level and sets
out how the actions at European level under the Year will be implemented.
Article 5 defines the terms of co-operation and implementation with the Member
States and
sets out how the actions under the European Year will be implemented.
Article 6 establishes an advisory committee to assist the Commission with
decisions about the
implementation of the Year
Article 7 lays down the financial arrangements for the actions to be
implemented at
Community and national levels.
Article 8 sets out the procedure to be applied for the selection of actions at
Community and
national levels.
Article 9 requires the Commission, in co-operation with the Member States, to
ensure
consistency and complementarity with other Community actions and initiatives.
Article 10 defines the terms of participation of the participating countries.
Article 11 establishes the budget for the action, in conformity with the
Interinstitutional
Agreement on Legal Bases. The amount proposed might be revised on the basis of
the final
agreement on the new financial perspectives 2007-2013.
Article 12 provides that the Commission may co-operate with international
organisations.
Article 13 provides the monitoring and evaluation framework to be applied to
the European
Year.
Article 14 defines the terms of the entry into force of the Decision.
2005/aaaa (CNS)
Having regard to the Treaty establishing the European Community, and in
particular
Article 13(2) thereof,
Having regard to the proposal from the Commission6,
Having regard to the opinion of the European Economic and Social Committee7,
Having regard to the opinion of the Committee of the Regions8,
Acting in accordance with the procedure laid down in Article 251 of the Treaty
Whereas:
(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) 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.
(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.
(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.
(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.
(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.
(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
nondiscrimination.
(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.
(9) The varying levels of progress made at national level and the differing
national socioeconomic,
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 rules9.
(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.
(11) .Consistency and complementarity with other Community action is needed,
in
particular with action to combat discrimination and social exclusion, and to
promote
fundamental rights, education and training, culture and intercultural
dialogue, youth,
citizenship, immigration and asylum, and gender equality.
(12) This decision established a financial framework for the entire duration
of the
programme which is to be the principal point of reference for the budgetary
authority,
within the meaning of point 33 of the Interinstitutional Agreement of 6 May
1999 between the
European Parliament, the Council and the Commission on budgetary
discipline and improvement of the budgetary procedure10.
(13) The measures necessary for the implementation of this Decision should be
adopted in
accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the
procedures for the exercise of implementing powers conferred on the
Commission.
(14) The objectives of the proposed European Year cannot be fully achieved at
Member
States level due to the need, inter alia, for multilateral partnerships, the
transnational
exchange of information and the Community-wide dissemination of good practice,
and
can therefore by reason of the scale of action be better achieved at Community
level,
the Community may adopt measures in accordance with the principle of
subsidiarity,
as set out in Article 5 of the Treaty. In accordance with the principle of
proportionality, as set out in that Article, this Decision does not go beyond
what is
necessary to achieve those objectives.
The year 2007 shall be designated as the "European Year on Equal Opportunities
for All "
(hereinafter: "the European Year")
The objectives of the European Year shall be as follows:
(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.
(b) Representation – Stimulating a debate on ways to increase the
participation of underrepresented
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.
(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.
(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.
1. The actions designed to meet the objectives set out in Article 2 shall
entail the
development of or the provision of support for:
(a) meetings and events;
(b) information and promotional campaigns;
(c) cooperation with media, business and enterprise;
(d) surveys and studies on a Community or a nation- wide scale.
2. Details of the actions referred to in paragraph 1 are set out in the Annex.
The Commission shall ensure that the Community actions covered by this
Decision are
implemented in conformity with the Annex.
In particular, the Commission shall make the necessary arrangements to ensure
the
consistency and complementarity of the Community action and initiatives
referred to in
Article 9 so as to help meet the objectives set out in Article 2.
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.
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.
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.
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.
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.
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.
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.
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).
2. Where reference is made to this paragraph, Article 3 and 7 of Decision
1999/468/EC
shall apply, having regard to the provisions of Article 8 thereof.
3. The Committee shall adopt its rules of procedure.
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.
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).
1. Decisions on the financing of measures under Article 7(1) shall be adopted
by the
Commission in accordance with the procedure referred to in Article 6(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).
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.
They shall ensure maximum complementarity between the European Year and other
existing
Community, national and regional initiatives and resource, where the latter
can help to achieve the objectives of the European Year.
Participation in the European Year shall be open to:
Member States
EFTA states that are party to the EEA Agreement in accordance with the
provision
of that agreement ;
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 ;
The countries of Western Balkans in accordance with the arrangements to be
established with these countries under the framework agreements on the general
principles for their participation in Community programmes ;
The European Neighbourhood Policy (ENP) partner countries, in accordance with
the general principles and the general terms and conditions for the
participation of
these countries in Community programmes laid down in the May 2004 Strategy
Paper and the Country Action Plans. Any EC financial support for activities in
ENP
partner countries in this context will be covered by the European
Neighbourhood
Policy Instrument (ENPI) in accordance with the priorities and procedures
established in the overall cooperation with these countries.
The financial framework for implementing the activities referred to in this Decision for the period 1 January 2006 to 31 December 2007 shall be 13.6 million EUR.
Within the framework of the European Year, the Commission may cooperate with
the
relevant international organisations
The Commission shall submit, by 31 December 2008 at the latest, a report to
the European
Parliament, the Council, the European Economic and Social Committee and the
Committee of
the Regions on the implementation, results and overall assessment of the
measures provided
for in this Decision.
This Decision shall take effect on the twentieth day following that of its
publication in the
Official Journal of the European Union.
Done at Brussels,
For the European Parliament
The President,
For the Council
The President