WRITTEN QUESTION P-2855/00

by Glyn Ford (PSE) to the Commission

(5 September 2000)

Subject: European Directive on combating discrimination

Would the Commission please supply information on Directive 43/2000/EC(1) on Combating Discrimination on Grounds of Racial and Ethnic Origin. This Directive deals with the principle of equal treatment between persons, irrespective of race or ethnic origin, and includes a narrow definition of racial and ethnic origins, excluding nationality and apparently not referring to colour either.

Would the Commission give more substantial details about this Directive, in particular the reasons for introducing this legislation, its main provisions and the main aims of the Directive?

Would the Commission also indicate why, in dealing with race and ethnic origins, it seems to exclude nationality (see paragraph 13 of the introduction)?

(1) OJ C 180, 19.7.2000, p. 22.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(4 October 2000)

Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin(1) was adopted unanimously by the Council on 29 June 2000 following the Commission's proposal of 25 November 1999(2). The reasons for introducing this legislation were set out in detail in the explanatory memorandum attached to the proposal and include the desirability of laying down common protection against racial discrimination to be enjoyed by citizens all over the Union, reinforcing and supplementing the protection which currently exists in the Member States. In doing so, the directive will reinforce the fundamental values on which the Union is founded liberty, democracy, respect for human rights and fundamental freedoms and the rule of law and will contribute to strengthening economic and social cohesion.

The Directive provides a minimum level of protection against racial discrimination common to all Member States by defining direct and indirect discrimination; giving victims of discrimination a right of redress through a judicial or administrative procedure, associated with appropriate sanctions for those who discriminate; shifting the burden of proof (in civil cases) once a prima facie case of discrimination has been made out by a complainant and accepted by the court or other instance; providing protection against harassment and victimisation; covering discrimination in employment and training, education, social protection (including security and healthcare), social advantages and the supply of and access to goods and services, including housing; requiring the Member States to provide information on their territory about the measures they adopt to fight discrimination and requiring Member States which have not already done so to establish bodies for the promotion of equal treatment which will provide independent assistance to the victims of discrimination, conduct surveys and studies and publish reports and recommendations. Member States have three years from the entry into force of the directive in which to take the necessary measures to implement it.

The Directive does not define the term racial or ethnic origin. However, it makes clear that, when implementing the Directive, Member States are not obliged to apply the term to differences of treatment based on nationality. Article 13 of the EC Treaty, on which the directive is based, makes no reference to nationality. Treatment based on nationality is however specifically covered by Article 12 and is therefore outside the scope of Article 13.

The Commission does not agree that questions relating to colour are excluded from the Directive. Although there is no specific reference to colour in Article 13, the Commission believes that colour is an important factor in the determination of a person's ethnic origin and that discrimination based on colour is therefore contrary to the requirements of the directive.

(1) OJ L 180, 19.7.2000.

(2) COM(1999) 566 final.