EBU Non Discrimination Update

Issue No 5, July - September 2006




1. SERVICES



2. SOCIAL PROTECTION POLICIES



3. NON DISCRIMINATION



4. ACCESSIBILITY



5. INFORMATION SOCIETY



6. EUROPEAN FINANCING



7. PARTICIPATION IN CONSULTATION PROCESSES


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1. SERVICES

1.1 Postal services

 


BACKGROUND

The European Commissioner for the Internal Market, Charley McCreevy, declared during "Post.evolution", an annual postal event in Austria, that 2009 is still the planned date to reach full liberalization of postal services, which implies the obligation to provide universal services. He confirmed that one of the challenges of the future legislative proposal will be how to finance the obligation of universal services.

ACTIONS TO BE CARRIED OUT

Study of the new proposal

DEADLINE

The new Postal Service proposal will be published at the beginning of October and adopted by the College of Commissioners at the end of November or beginning of December.


OBSERVATIONS/STATUS

Under study.

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2. SOCIAL PROTECTION POLICIES


2. 1 Services of General Interest : Social Services of General Interest



BACKGROUND

Last 12 September, the Parliamentary Committee on Economic and Monetary Affairs adopted the report by MEP Bernhardt Rapkay (EPP-ED, Germany) regarding the European Commission's White Paper on Services of General Interest. The agreement reached between the two main political groups (EPP-ED and PSE) achieved the approval of all amendments of commitments. At the same time, the European Commission was asked to launch appropriate legislative initiatives in the sector of social and sanitary services of general interest. The adoption of the report is planned during the European Parliament's plenary session of 25-28 September in Strasbourg.

On 19 September, we took part in a Seminar in the European Parliament organized by the PSE group on Public Services in Europe. Members of the PSE group were present (Spanish MEPs Alejandro Cercas and Manuel Medina Ortega, among others), together with social organizations and trade unions, as well as representatives from the Commission, the Committee of the Regions and the Social and Economic Council.

The seminar is included within a series of actions aimed at putting pressure on the Commission to legislate in the field of Services of General Interest. On that occasion, the framework Directive on Services of General Interest put forward by the PSE group was championed.
A representative from the Social Platform intervened, among others, to point out the need for a directive in this field and he underlined that social services should not be understood only for elderly people, people with disabilities, etc., but as a right for the whole population.


ACTIONS CARRIED OUT

There is no specific schedule so far regarding the follow-up on the Communication on social services of general interest. The Commission is planning to carry out a couple of public consultations, but none has been launched so far.

ACTIONS TO BE CARRIED OUT

Follow-up on progress being made.


DEADLINE

-


OBSERVATIONS/STATUS

Under study.

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3. NON DISCRIMINATION


3.1 European Year of Equal Opportunities for All (2007) : Operational guidelines for the preparation of the 2007 European Year by the national coordination bodies
 


BACKGROUND

The operational guidelines are within the actions planned at national level for the 2007 European Year of Equal Opportunities for All. These guidelines have been prepared by the European Commission for the national coordination bodies of each Member State. These bodies are in charge of the preparation and development on the territory of each Member State of the European Year's national actions. Taking these guidelines as a point of reference, the national coordination bodies will have to define national strategies and priorities, as well as put forward to the Commission concrete actions at national level to reach the objectives of the European Year. It is, therefore, the preparation of a financial proposal for national actions that the national coordination bodies will have to forward to the European Commission before 15 December 2006.

Apart from actions to be carried out in the different Member States by the national coordination bodies, other parallel activities will take place at EU level, such as:

* Information and promotion campaign that will serve equally to help and support the national coordination bodies in the dissemination of the European Year. Furthermore, the national coordination bodies will play an active role in actions such as the identification of sponsors, "ambassadors" of the European Year, real stories and good practices, the organization of a conference in each Member State to launch the Year, etc.

Regarding these actions, it would be convenient to evaluate the possibility of the active and visible participation of our sector in cooperation with the Spanish national coordination body.

* Opening (29-30 January 2007) and closing conferences of the Year, under the Presidencies of Germany and Portugal, respectively
* Evaluation of the European Year
* Publication of reports and studies. It is worth mentioning the following ones, related to disability:
 Study of national legislative measures and their impact outside the field of employment and occupation, with regard to discrimination on the grounds of sex, religion, disability, age and sexual orientation (programmed for early 2007)
 Study of the impact analysis or mainstreaming of EU policies and legislation in the field of non discrimination (programmed for the end of 2006)
 Study on multiple discrimination (programmed for the autumn of 2007, along with a high level Conference)
 Study to improve the understanding of subjects related with the risks of different types of discrimination in relation with people with disabilities with complex needs and/or a high level of dependency
 Detailed statistical analysis of data related to the situation of people with disabilities obtained from the study of the labour force and its specific 2002 module on employment of people with disabilities, and EU statistics on income and life conditions
 Study to compile statistical data on people with disabilities obtained from registers - including Member States' data - in particular in relation with social security authorities that gives a valid perspective of the general situation of people with disabilities
 Study of a conceptual framework to measure the progress of the struggle against discrimination and the promotion of equality (programmed for the end of 2007)
 Guidelines to measure disability (planned for the end of 2006).

ACTIONS CARRIED OUT

All members of the Working Group on Coordination of Actions in Europe have been informed.


ACTIONS TO BE CARRIED OUT

It would be advisable to look at the possibilities of the Disability Sector becoming a key collaborator of the Spanish national coordination body, as a key representative of the civil society and a complete group of exclusion as mentioned in article 13.

Establishing from the beginning a narrow and proactive cooperation with the Spanish national coordination body will facilitate that concrete national strategies and actions could reflect real and current interests of our community, and that we could participate, directly or indirectly in the definition of priorities, concrete actions and related events, as well as their development, implementation and follow-up.

In this sense, our recommendation is to get in touch with the Spanish national coordination body in the coming weeks, given that in the next months to come the Spanish strategy will be developed and the actions to be put to the Commission to get financing will be selected. As indicated previously the deadline for presentation of this document will be 15 December 2006.


DEADLINE

15 December 2006



OBSERVATIONS/STATUS

Under study



3.2 European Disability Action Plan

 

BACKGROUND

The meeting of the Parliamentary Committee on Employment and Social Affairs took place on 13 September with an exchange of viewpoints on the European Commission's biennial report on the 2006-2007 European Action Plan on disability. The report's rapporteur, Elizabeth Lynne (ALDE, United Kingdom), expressed her satisfaction to have been able to prepare the report as she considered that the subject of disability was very important. At the same time, she explained that she had met with members from the different political groups and organizations of people with disabilities to draft the report. She underlined that her report criticized the multiple discrimination suffered by people with disabilities, insisting on discrimination in the labour market and the services market.

MEP Richard Howitt (PSE, United Kingdom, president of the Disability Intergroup) pointed out that the UN Convention on Disability is a historic success and he valued very positively the role played by the European Commission in the approval of this Convention. On the other hand, he criticized the bad labour situation of people with disabilities in Europe and expressed his disappointment as he had hoped for greater progress (a specific Directive on disability for example).

MEP Philip Bushill-Matthews (EPP-CD, United Kingdom) wanted to add some amendments to the report that would include the information provided by the new Commission communication on demography, according to which the number of elderly people will be increasing and the challenges will be greater in the future. At the same time he expressed his wish that National Parliaments should get to know that report.

MEP Ilda Figueiredo (European United Left, Portugal) wished to insist on the need for Member States to apply the existing directives on employment and mobility and to encourage the States to suggest more public policies in favour of people with disabilities, insisting on the need for training and education of this community.

The Commission intervened in the debate congratulating the rapporteur and indicating that the report would be taken into account in the future. The Commission does not consider a specific Directive on people with disabilities necessary and thinks that the Employment Directive is being applied correctly. The rapporteur answered by saying that this was not true.



ACTIONS CARRIED OUT

Some national members have started to send contributions to this draft report.


ACTIONS TO BE CARRIED OUT

Follow-up on actions taking place


DEADLINE

-


OBSERVATIONS/STATUS

Under study

 

3.3 Parliamentary questions on disability


BACKGROUND

On 28 June, MEP Catherine Stihler (PSE, United Kingdom) raised a parliamentary question on the proposals that the European Commission is planning to introduce regarding accessible public transport in the whole EU, including road transport and rail transport, taking into account the complaints related with difficulties due to the lack of accessible transport, especially for people with disabilities and elderly people. The Commission replied that various initiatives had been adopted already regarding accessibility of all means of transportation and passengers rights, making a long enumeration of them.

MEP Kathy Sinnott (Independence/Democracy Group, Ireland, Vice-President of the Disability Intergroup), raised a parliamentary question on 11 July to the European Commission in relation with the legality of new weigh restrictions on airplanes and the refusal to board people with disabilities for security reasons imposed by Ryanair. The European Commission responded that the status of people with disabilities should improve with the application of the new regulations on rights of people with reduced mobility in air transport and, therefore, the mentioned weigh limitations violate the new regulations. In any case, the possibility to deny boarding for security reasons is mentioned whenever it is justified and explained, the fact that all abuses will be punished is also mentioned.

As we already knew, the Commission recalled that the adoption of the regulation on the rights and obligations of international rail travellers is also hoped for in 2006, it will include provisions on non discrimination and assistance to people with reduced mobility.

MEP Cristiana Muscardini (UEN, Italy) raised a parliamentary question on 17 July to the European Commission regarding to the existing conflict in Italy between legislation on personal data protection and the obtaining of the parking card for people with disabilities. The European Commission declared not being aware of the situation and that the Commission's high level group on disability is going to deal with the matter of parking cards for people with disabilities.


ACTIONS CARRIED OUT

Follow-up on replies granted


ACTIONS TO BE CARRIED OUT

-

DEADLINE

-

OBSERVATIONS/STATUS

Under study



3.4 United Nations Convention for the acknowledgement of the Rights of Persons with Disabilities


BACKGROUND

After five years of intense negotiations at the United Nations, the text of the future International Convention on Human Rights of Persons with Disabilities was adopted on 25 August, the first text in 16 years.

The new Convention is based on existing Human Rights Treaties and their application for people with disabilities. The objective is to guarantee an effective protection of this community and ensure that they can enjoy the most basic rights. The text prohibits discrimination against people with disabilities in all areas of life.

The Convention is a step forward that will strengthen significantly the protection against discrimination of 650 million people with disabilities in the world.

For the first time in the United Nations' history, the role of NGOs has been vital in the development of the new treaty making the result very positive.

The new text pays particular attention to the situation of women with disabilities, as well as children's rights through the creation of special provisions.

For the first time, the European Union will take part in a Human Rights Treaty, which will mean its implication in the implementation of the rights of people with disabilities.

According to the rules of procedure, the text of the Convention on Disability will be adopted in the General Assembly by simple majority vote of the members present. Regarding the ratification process, two previous steps will be necessary to transform it into international law:

 In general, the text must be ratified by a minimum number of countries to come into force. In the case of Human Rights Conventions, it requires normally a minimum of 20 countries. This way, the Convention will be adopted and ratified progressively by the countries and there will be an international follow-up to check whether it is carried out.

 Once the minimum required has been reached, the text will be applied only to the countries that have ratified it


ACTIONS CARRIED OUT

This information has been forwarded to EBU members.


ACTIONS TO BE CARRIED OUT

Follow-up on progress being made


DEADLINE

-


OBSERVATIONS/STATUS

In progress

 

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4. Accessibility


4.1 Transport : Third Railway Package


 

BACKGROUND

-

ACTIONS CARRIED OUT

Study of the shared position of the Council of the European Union

ACTIONS TO BE CARRIED OUT

To prepare a position paper on the aspects affecting the rights of people with disabilities
To keep in contact with key actors with a view to preparing the voting process in the Transport Committee


DEADLINE

The calendar for the second reading in the European Parliament on the Third Railway Package will be the following:
 October 2006: exchange of viewpoints
 November: presentation of the draft report by rapporteur Dirck Steckx (ALDE, Belgium)
 December: vote in the Transport Parliamentary Committee
 January 2007: Plenary vote in Strasbourg


OBSERVATIONS/STATUS

In progress.



4.2 Innovation in Europe
 

BACKGROUND

The European Commission adopted a strategy with 10 points to give an incentive to innovation in Europe, as a response to the petition by Member States of the Spring European Council in March 2006. One of those points is the setting up of the European Institute of Technology to support the innovation capacity and the efficiency in Europe. There is no reference to disability or accessibility. The strategy was discussed in the Competitivity Council that took place on 25 September.



ACTIONS CARRIED OUT

-


ACTIONS TO BE CARRIED OUT

Follow-up

 

DEADLINE

-



OBSERVATIONS/STATUS

In progress

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4.3 European Institute of Technology


BACKGROUND

Until now, there has not been any improvement regarding the European Institute of Technology. This October, the European Commission wants to take the formal decision on the place where the headquarters will be established. Various Member States have offered to accommodate it: Austria, Poland, France and Germany. The Commission has not decided yet between single headquarters or various coordinated offices in different Member States.


ACTIONS TO BE CARRIED OUT

To keep in contact with key persons with a view to try and include universal accessibility
 


DEADLINE
-

OBSERVATIONS/STATUS

Under study.

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5. KEY TOPICS: Information Society


5.1 E-Inclusion


BACKGROUND

The conference held in Riga, Latvia on 12 and 13 June culminated with the adoption of a Ministerial Declaration to guarantee e-Inclusion for people with disabilities and other groups at risk of exclusion. 34 countries were present in this Intergovernmental Conference with Ministers from the EU, the European Economic Area and the EU accession and candidate countries.

The general objective of this initiative is to allow all citizens to have equal access to the information society, not only as an imperative and a social need, but also as an extraordinary opportunity for the industry.

Among the concrete objectives set by the Riga Ministerial Declaration on e-Inclusion, it is worth mentioning the following aspects:

* Halve the divide in the use of Internet by 2010, in relation with people with disabilities, older people and the unemployed;
* Ensure that all public websites are accessible in 2010;
* Initiate action by 2008 in the field of knowledge and skills to reduce the gaps of groups at risk of exclusion, by mid 2010 at the latest;
* Make recommendations in 2007 on accessibility standards and common approach, that would be compulsory for electronic procurement processes in 2010;
* Evaluate the need of legislative measures in the field of e-Accessibility and take into account the accessibility requisites in the revision of the legislative framework on electronic communications in June 2006.

Furthermore, Ministers have requested to the European Commission to examine urgently and in any case before the end of the year, the subject of ageing of the European population and independent life in the framework of the information society.

In order to reach the mentioned objectives, it will be necessary to promote best practice, orientations for the industry, research and innovation, national plans of e-Inclusion, and voluntary agreements among parties involved.

The Ministers recognized that the impact of new technologies on daily life is increasing all the time. Among other factors, lack of accessibility is a barrier that excludes between 30 and 40% of the population from the benefits of information society. Furthermore, only 3% of public Internet websites meet accessibility standards, which represent a great problem for 15% of the European population with some type of disability. In the Conference, it was said that this percentage represents a huge portion of European population unable to participate fully in social and economic life, which at the same time decreases the potential of labour markets and goods and services markets in the EU. For all these reasons, the Ministers firmly supported the Commission's intention to launch an initiative in 2008 on this subject, in the framework of the i2010 strategy.

Commissioner Reding insisted on the need for cooperation between the public administration, at all levels, and the industry and assured that the Commission will initiate all necessary means, including the Seventh Framework Programme on Research, innovative actions of the Competitivity and Innovation Programme and the strict application of the existing telecommunication rules.



ACTIONS CARRIED OUT

-


ACTIONS TO BE CARRIED OUT

Follow-up on progress being made


DEADLINE

-


OBSERVATIONS/STATUS

In progress.

 

5.2 Revision of the "TV without Frontiers" Directive


BACKGROUND

-


ACTIONS  CARRIED OUT

Main rapporteur, Ruth Hieronymi (EPP-CD, Germany, Committee on Culture and Education), published her draft report on 28 August that includes three specific amendments concerning accessibility and people with disabilities (amendments 32, 63 and 64).

These amendments reflect extensively proposals from some national members (and therefore, also proposals from EDF), and for that reason, we can only make a positive evaluation of the efforts made until now.

ANALYSIS OF EACH AMENDMENT

The first amendment contains the exact text that we put forward to introduce a recital in the preamble of the Directive.

The other two amendments contain, in general terms, our requests that Member States take adequate measures to ensure that audiovisual services are accessible for people with disabilities and present a biennial report to the Commission with respective progresses and obstacles to be solved. The justifications include arguments that we also put forward during the contacts maintained, such as the usefulness for the community of elderly people as well as benefits for competence and the industrial sector.


DISCUSSION IN THE COMMITTEE ON CULTURE

It is worth stressing that, during the discussion, the rapporteur summarized the main ten points that synthesized her draft report. Among them, the ninth one was dedicated to the subject of accessibility and rights of people with disabilities. In this regard, without getting into details due to time limits during the debate, she said that "she strongly defended" the proposals made by MEP Jean-Marie Cavada (EPP-CD, France, rapporteur of the Committee on Civil Liberties) and MEP Lissy Gröner (PSE, Germany, rapporteur of the Committee on Women's Rights and Gender Equality) regarding access of people with disabilities to audiovisual services. During the debate, MEP Ignasí Guardans (ALDE, Spain, shadow rapporteur of the Committee on Culture and Education) mentioned specifically that he supported any action in the field of accessibility for people with disabilities. These were the only specific mentions as the other interventions focused on the most controversial points in disagreement with the report, such as product placement, limitation in advertising, etc. In any case, it is significant that, in general, all MEPs congratulated the rapporteur for her report. Furthermore, Ms Hieronymi emphasized that it included the ideas and proposals of all parliamentary committees with which she had been working in close cooperation over the last months. For this reason, there is no sign at present of any pressure or position against our interests.


OTHER COMMISSIONS

Nicole Fontaine's assistant confirmed to us that Ms. Fontaine had included amendments for the subject of accessibility in TV without Frontiers in the Committee on Women's Rights and Gender Equality.

With this and the confirmation of MEP Henri Weber for the Committee on Economic and Monetary Affairs, we already have the guarantee that there will be amendments on the topic of accessibility in all parliamentary committees involved in this matter, which is very positive.



ACTIONS TO BE CARRIED OUT

- Follow-up on progress being achieved as well as the vote in each Committee
- To value the possibility to draft voting recommendations


DEADLINE

The calendar for the different Committees is as follows:

Commission on Culture and Education (Leader Committee)
18 September: deadline for amendments
23 October: vote

Commission on Internal Market and Consumer Protection:
4 September: deadline for amendments
14 and 25 September: debates
5 October: vote

Commission on Civil Liberties, Justice and Home Affairs
25 September: vote

Commission on Women's Rights and Gender Equality
14 September: deadline for amendments
4-5 October: vote

Commission on Economic and Monetary Affairs
This week: publication of opinion draft
11 September and 2 October: debate
14 September: deadline for amendments
3 October: vote

Finally, during the week of 11 December: vote in the Plenary of the European Parliament


OBSERVATIONS/STATUS

Under study

 

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6. European Financing


6.1 PROGRESS programme


BACKGROUND

The meeting of the Parliamentary Committee on Employment and Social Affairs took place on 13 September and saw the adoption in second reading of the report by MEP Karin Jöns (PSE, Germany) on the new PROGRESS programme on employment and social solidarity. The report was approved without modifying the shared position of the Council. After the European Parliament's vote on 26 September, the programme will be ready for application from 1 January 2007.



ACTIONS CARRIED OUT

-


ACTIONS TO BE CARRIED OUT

Follow-up on actions as they are taking place.


DEADLINE

Beginning of the programme: 1 January 2007


OBSERVATIONS/STATUS

In progress

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7. Participation in consultation processes


7.1 European Commission's White Paper on Communication


BACKGROUND

The European Commission published last 1 February its White Paper on a European Communication Policy. This communication shows up the need for a better interaction between the European Institutions and the citizens. In view of this challenge, the Commission explains how to achieve it, with a series of proposals and inviting all interested parties, including the public administrations at all levels, individuals and organizations, to give their opinion on the subject. This note presents the general objectives of the Commission, as well as the subjects and questions of the consultation and how to take part in it.

The final objective of the Commission is to improve the communication between Europe and its citizens, to promote their knowledge on EU policies and their impact on real life and their rights, as well as to activate citizens' participation in the decision making process. The Commission wishes this improvement in communication to go in two directions, and that all key actors get involved, that is EU institutions and bodies, national, regional and local authorities, European political parties and social organizations.

In its White Paper, the Commission identifies five key subjects for the improvement of communication between citizens and the EU institutions. In relation with each of these aspects, the White Paper offers a series of possible actions, for which comments and opinions are requested.

1. Definition of shared principles
2. Reinforce the role of the citizens
3. Work with communication media and new technologies
4. Understand European public opinion
5. Cooperation between all actors involved



ACTIONS CARRIED OUT

Some national members prepared a response to this White Paper


ACTIONS TO BE CARRIED OUT

Follow-up on actions as they are taking place


DEADLINE

The answering deadline for this public consultation has been extended until 30 September 2006.


OBSERVATIONS/STATUS

In progress

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7.2 E-Communications


BACKGROUND

In the course of the debate of the Telecom Council of Ministers that took place on 9 June, the Ministers were inclined to keep the current regulating framework for e-communications, without making substantial changes.

The long awaited European Commission's Communication on the revision of this regulating framework was finally made public on 29 June.

ACTIONS CARRIED OUT


Interested areas have been informed about this subject in order to prepare the contribution.
 

ACTIONS TO BE CARRIED OUT

Prepare a response to this communication


DEADLINE

The answering deadline will be 27 October 2006


OBSERVATIONS/STATUS

Under study

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7.3 Public Consultation on digital content


BACKGROUND

The European Commission launched a public consultation last 28 July on digital content online in the European single market, including films, music and games, in order to offer the adequate context to stimulate competition and development of content and services online.

With this consultation the Commission wants to prepare the ground for the development of a Communication on content online by the end of 2006. This consultation and the before-mentioned communication aim at exploring the possible actions to improve competitivity of the European content online production and distribution industry and examine the various existing obstacles and the instruments that can be used to stimulate creativity and development in this sector (legislation, promotion of good practices, financial support).

The Commission has identified various types of audiovisual content and services: audiovisual media services, games online, educational content and other creative services (cultural information, publications, etc.)

The consultation contains a questionnaire with a great variety of questions on very varied subjects referring to content online, directed both at consumers and producers, asking their opinion on some subjects, such as consumption and creation of content, competitivity, technological barriers, licences and copyrights, role to be played by producers and public authorities, etc. Concretely the following subjects are worth mentioning:
 Question 3 asks whether the present legal environment is conducive to developing trust in new services. Concretely, it asks if there is preoccupation in view of possible violation of protected content or lack of interoperability, or if there is lack of harmonization in the single market.
 Question 4 asks whether the regulating framework gives an adequate protection to public interests, such as for example access to information, and if consumer rights are sufficiently taken into account in the country where those consumers live or operate
 Question 5 asks how important is the possibility to access and use all online content
 In question 9 the Commission requests estimates and concrete data on evolution of demand for online content in the specific field of activity, in our case, people with disabilities
 Question 10 asks whether there are other technological barriers to a more efficient creation and distribution
 Finally, questions 32 and 33 ask about the role of public national and regional authorities in fostering new models in this area, regarding inclusion for example. At the same time, they ask what could be done at EU level in relation with the issues and concerns expressed in the contribution to the consultation and if there are concrete proposals for those specific points.



ACTIONS CARRIED OUT

Information for the Working Group members


ACTIONS TO BE CARRIED OUT

To prepare the contribution


DEADLINE

The answering deadline for this public consultation will be 13 October 2006


OBSERVATIONS/STATUS

Under study
 

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