Proposal for a Council Decision establishing a Community action programme to combat discrimination (2001-2006)
Date: 1999-11-25
Institutions: European Commission
Subjects: EU Member State, EU action, EU programme, anti-discriminatory measure, cooperation policy

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 25.11.1999
COM(1999) 567 final

1999/0251 (CNS)

Proposal for a

COUNCIL DECISION

establishing a Community Action Programme to combat discrimination
2001 – 2006

(presented by the Commission)

EXPLANATORY MEMORANDUM

THE COMMUNITY'S ANTI-DISCRIMINATION STRATEGY

1.

Article 13 of the Treaty establishing the European Community as modified by
the Amsterdam Treaty opens the way to appropriate Community action to
contribute to combating discrimination on grounds of sex, racial or ethnic
origin, religion or belief, disability, age or sexual orientation. It makes it
possible to add to the Community's continuing efforts to promote equality
between women and men by tackling new grounds of discrimination. The
amended Treaty gives a new and significant impetus to Community action in
an area where there is some legislative acquis (gender) and where a fruitful co-
operation has been developed with civil society (in particular, gender,
disability, antiracism).

its disposal,

To combat discrimination,

the
the Community needs to use all
2.
in a co-ordinated and integrated strategy.
instruments at
is only one
Legislation is a key component of such a strategy, but
component. Decades of Community efforts to promote equal treatment and
equality between women and men have demonstrated that progress in
combating discrimination also requires changes in practices and attitudes and
the mobilisation of all the actors concerned. Community efforts with regard
to gender equality as well as initiatives with regard to disability and racism
have also demonstrated that practical action to enable policy-makers and
practitioners to compare and contrast their experiences with those of others
can develop their capacity to address discrimination effectively and create
the stimulus for policy development.

it

The Community can and should therefore further promote this
3.
transnational co-operation as a complement to its legislative action. As part
of its package of anti-discrimination proposals, and its two draft directives
relating to discrimination in employment and to discrimination on the
grounds of ethnic and racial origin, the Commission is therefore proposing a
targeted action programme to support Member States' efforts to develop their
policies and practices to combat discrimination. It will do this by mobilising
actors within the Member States and by encouraging the exchange of
information and good practice.

4.
In the light of the Commission's intention to continue with specific
actions in the field of equality between women and men while integrating a
gender dimension into other activities,
this programme will not deal
specifically with discrimination on grounds of sex, concentrating instead on
the other grounds cited in Article 13. The programme will take into account
the specificities, but also the similarities, in the experience of discrimination
under the different grounds and the methods which have been developed to
tackle it.
their efforts,
strengthening the multiplication of good practice and facilitating the
development of integrated and co-ordinated co-operation across sectors and
grounds. There is no hierarchical ranking of priorities between the grounds

therefore enable allow actors to pool

It will

2

5.

6.

covered by the proposed action programme: it will address discrimination
across the board rather than to provide separately for action on the different
grounds, incorporating a gender dimension where appropriate.

implementing the fight against discrimination rests
Responsibility for
principally with the Member States. The proposed Community programme is
not intended to support action which is already taking place at local, regional
and national levels, but is rather intended to add EU value to this action. To
this end, the programme will combine support for legislative measures to
combat discrimination with broader
activities promoting both anti-
discriminatory practices, based on a positive approach to diversity, and longer-
term changes in attitudes. It will focus on transnational co-operation as a
means to improving understanding and practice. As a result, local, regional or
national projects focusing on the delivery of policy,
than the
transnational dissemination of good practice, will not be eligible for funding
under the programme for their normal activities. The Member States will have
an important role to play through the Committee established by Article 6.

rather

The Community is already active in the fight against discrimination. In
particular, it addresses discrimination in the labour market under the European
Employment Strategy and the European Social Fund and its initiatives
(INTEGRA and,
in the future, EQUAL). There is equally a long and
continuing tradition of efforts to promote gender equality, both through
specific measures and through mainstreaming equality into other policy areas.
The proposed programme takes account of and builds on these efforts while
taking as a starting point that discrimination goes beyond the labour market
and calls for an integrated and co-ordinated approach. It is designed to be
coherent with and complementary to
instruments and
actions which can contribute to fighting discrimination.

other EU policies,

THE STRATEGY FOR THE PROGRAMME

Experience of past or current initiatives and programmes on gender
7.
equality, disability and racism has shown that
the added value of a
Community programme in such areas results from its capacity to support
legislation and policy development within a European framework through the
improving of knowledge, the strengthening of the capacity of actors and the
raising of awareness.

8.
The evaluation of past initiatives as well as the analysis carried out as
part of the preparatory actions for this programme suggest that to create the
maximum impact with a limited budget, the programme has to focus on key
interventions. It needs to work with target actors who have the ability to
ensure cross fertilisation of expertise and to influence developments in policy
and practice within the Member States. The strategy is therefore to promote
transnational co-operation with and between these actors on a number of key
themes which appear to be relevant at EU level. Such themes could be
barriers to participation in decision making, access to goods and services,
methodologies of mainstreaming and monitoring, the mobilisation of public
administrations etc. To ensure that the themes covered remain those of

3

primary interest within the Member States, the Programme Committee will
play a major role in reviewing them on a regular basis.

9.
The target actors to be involved include, for example, policy makers in
national, regional and local administrations, independent bodies responsible
for the fight against discrimination, non-governmental organisations, social
partners,
the media, opinion-formers, social service
the judiciary and law enforcement agencies. European-level
providers,
organisations active in the fight against discrimination and/or in advocacy for
people exposed to discrimination will be also major partners in the
programme as a whole.

research institutes,

OBJECTIVES

in
10. Three principal objectives have been identified: first,
analysing and evaluating the extent and nature of discrimination in the
Community and the effectiveness of measures to combat it; second, to help to
build the capacity of the actors in the Member States and at European level
who are active in the fight against discrimination; and third, to promote and
disseminate to practitioners and opinion-formers the values and practices
underlying the fight against discrimination.

to assist

ACTIONS

11. To meet those objectives, the programme divides its activities into
three strands, which, taking into account the different levels of experience in
combating the different discrimination on the various grounds, will run
concurrently:

Strand 1 :

(a)
related to
improving the understanding of
discrimination through improved knowledge and measurement and through
the evaluation of the effectiveness of policies, legislation and practice. This
involve the development of statistical bases, of benchmarks and
will
indicators to assess the effectiveness of anti-discrimination policies and the
analysis and evaluation of those policies and the effective dissemination of
the lessons learned from the process.

issues

Strand 2 : developing the capacity of

(b)
target actors to tackle
discrimination effectively, including through promoting civil dialogue as a
necessary underpinning of policy development at European level. On the one
hand, this will involve supporting the transnational exchange of information
and good practice between target actors, based on experience which is
already taking place in the Member States. The Community would support
only those elements which are directly related to transnational exchange: the
projects on which the exchange of information is based must be financed
from national sources. On the other hand, this strand will also enable the
provision of core funding to major European-level networks of organisations
to enable them to contribute effectively to the process of European policy
development in the field of non-discrimination.

4

the programme. This will

Strand 3 : promoting awareness raising, in particular, to emphasise the
(c)
EU dimension of the fight against discrimination and to publicise the results
of
communication, publications,
campaigns, conferences and events in support of the implementation of
Community legislation and policy in the field of discrimination. To influence
public opinion in general, the programme will concentrate on raising the
awareness of opinion formers, with a view to promoting change in society.

include

ACHIEVING COMPLEMENTARITY

12. Coherence and complementary between all EU actions are necessary to
avoid overlaps and to draw maximum benefit from the results obtained.

- The programme will not itself address issues related to discrimination on
grounds of sex, but it is important that it should benefit from the lessons
already learned from Community and national action in this field and that it
should incorporate a gender dimension when addressing other grounds of
discrimination. Close links will therefore need to be developed with future
actions on equality between women and men.

- Particular attention also has to be paid to ensure the optimal synergy with
the Community Initiative EQUAL, which will be a key tool for promoting
the development of policy to overcome discrimination in employment. In
dealing with employment, therefore, this programme will concentrate on
areas where EQUAL will not provide support. This will, in particular, consist
of analysing and evaluating data and practice in the Member States, of
applying lessons learned under EQUAL to areas beyond employment and of
promoting information and awareness activities. This programme will not
support actions to exchange good practice between actors in the employment
though particular
field which are eligible for support under EQUAL,
attention will be paid to making optimal use of the lessons which emerge
from actions supported by EQUAL. At the same time, the good practice
identified under this programme will need to be made available to actors
supported by EQUAL and other programmes, for the same reasons.

- A similar approach will be developed with other relevant Union and
Community programmes. For instance, the results of action under the new
SOCRATES, LEONARDO and YOUTH programmes which relate to the
promotion, for example, of non-discriminatory attitudes in schools, training
establishments and among young people more widely, will be incorporated
into this programme. Adequate co-ordination will also be ensured with
relevant initiatives in the area of Justice and Home Affairs with regard to
migration policy on the one hand and law enforcement co-operation on the
other. This will principally require information about the activities of each
programme to be made available to others so that the necessary contacts and
connections can be made.

- It will also be important for this programme to make use of research and
analysis produced by other Community activities, in particular through the

5

European Monitoring Centre on Racism and Xenophobia and the Fifth RDT
Framework Programme, and vice versa.

the programmes. Equally,

13. Achieving this complementarity will require co-ordination mechanisms
to be established at Community and Member State levels to co-ordinate the
various activities. To ensure complementarity in design and implementation,
Commission services responsible for a particular policy area will be involved
the Member States'
in relevant aspects of
representatives in the programme committees, the High Level Groups on
Non-Discrimination, on Disability and on Social Exclusion, the Advisory
Committee on Equal Opportunities for women and men and, where
appropriate, the Employment and Labour Market Committee or other bodies
involved in the development of related policies, will be provided with
relevant information about the activities of other programmes in order to
avoid overlap and to ensure that the programmes capitalise on the results
achieved by the others. The question of complementarity will be covered
specifically in evaluation reporting.

14. The Member States are in large part responsible for the implementation
of actions under the Structural Funds. They need to ensure at their level that
there is close co-ordination between officials responsible for the ESF and
EQUAL and those responsible for the policy areas covered by the related
programmes.

CO-OPERATION WITH THIRD COUNTRIES

to the adoption of

15. Under the European Economic Area Agreement and as part of the pre-
accession strategy, the Community's policy is to open up participation in
Community programmes to the EFTA countries and to candidate countries as
widely as possible. It is particularly important to open this programme, as it
is designed to support the introduction of non-discrimination legislation
pursuant
the two accompanying directives. These
directives will be applicable to the non-EU members of the EEA following a
decision of the EEA Joint Committee. They will also form a part of the
Community acquis to which the candidate countries will need to conform
prior to accession.
In accordance with the intention signalled by the
Commission in its Communication on countering racism, xenophobia and
anti-Semitism in the candidate countries1,
the Commission therefore
proposes to open up the possibility of participation to these countries.

1 COM (1999) 256 final of 26 May 1999

6

Proposal for a

COUNCIL DECISION

establishing a Community Action Programme to combat discrimination
2001 – 2006

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular
Article 13 thereof,

Having regard to the proposal from the Commission2,

Having regard to the opinion of the European Parliament3,

Having regard to the opinion of the Economic and Social Committee4,

Having regard to the opinion of the Committee of the Regions5,

(1) Whereas the Union is founded on the principles of liberty, democracy, respect
for human rights and fundamental freedoms, and the rule of law, principles
which are common to all Member States; whereas in accordance with Article
6(2) of the Treaty on European Union, the Union should respect fundamental
rights as guaranteed by the European Convention for the protection of Human
Rights and Fundamental Freedoms, as general principles of Community Law;

(2) Whereas the European Parliament has strongly and repeatedly urged the
European Union to strengthen its policy in the field of equal treatment and
equal opportunities across all grounds of discrimination;

(3) Whereas experience of action at Community level, in particular in the field of
gender, has shown that combating discrimination in practice calls for a
combination of measures and in particular of legislation and of practical action
designed to be mutually reinforcing; whereas similar lessons can be drawn
from experience dealing with racial and ethnic origin and disability; whereas
the Commission has made proposals to this end6;

2 COM (1999) XXX final
3 OJ ….
4 OJ ….
5 OJ ….
6 See separate proposals for Directives establishing a General Framework for Employment Equality
and implementing the Principle of Equal Treatment between persons irrespective of Racial and Ethnic
Origin elsewhere in this package

7

(4) Whereas the programme should deal with all grounds of discrimination with
the exception of sex, which is dealt with by specific Community action;
whereas discrimination on different grounds can have similar features and can
be combated in similar ways; whereas the experience built up over many years
in combating discrimination on some grounds, including sex, can be used to
the benefit of other grounds; whereas, however, the specific features of the
diverse forms of discrimination should be accommodated; whereas, therefore,
the particular needs of people with disabilities should be taken into account in
terms of the accessibility of activities and results;

(5) Whereas many non-governmental organisations at the European level have
experience and expertise in fighting discrimination, as well as acting at
European level as the advocates of people who are exposed to discrimination;
whereas they can therefore make an important contribution to understanding
the diverse forms and effects of discrimination and to ensuring that the design,
the
implementation and follow-up of
experience of people exposed to discrimination;

the programme take account of

(6) Whereas, in accordance with Article 2 of Council Decision 1999/468/EC of 28
June 1999 laying down the procedures for the exercise of implementing
powers conferred on the Commission7, measures for the implementation of
Decision should be adopted by use of the advisory procedure provided for in
Article 3 of that Decision;

(7) Whereas it is necessary, in order to reinforce the added value of Community
action, that the Commission, in co-operation with the Member States, should
the coherence and complementarity of actions
ensure, at all
implemented in the framework of this Decision and other relevant Community
policies, instruments and actions, in particular those under the European Social
Fund and to promote social inclusion;

levels,

(8) Whereas the Agreement on the European Economic Area (EEA Agreement)
provides for greater co-operation in the social field between the European
Community and its Member States, on the one hand, and the countries of the
European Free Trade Association participating in the European Economic
Area (EFTA/EEA), on the other; whereas provision should be made to open
up this programme to participation by the candidate countries of Central and
Eastern Europe, in accordance with the conditions established in the Europe
Agreements, in their additional protocols and in the decisions of the respective
Association Councils,
funded by additional
appropriations in accordance with the procedures to be agreed with those
countries, as well as to Turkey, funded by additional appropriations in
accordance with the procedures to be agreed with that country;

and Malta,

to Cyprus

(9) Whereas it is necessary for the success of any Community action to monitor

and evaluate the results set against the objectives

7 OJ L 184, 17.7.1999, p. 23.

8

(10) Whereas, in accordance with the principles of subsidiarity and proportionality
as defined in Article 5 of the Treaty, the objectives of the proposed action
concerning the contribution of the Community to combating discrimination
cannot be sufficiently achieved by the Member States because, inter alia, of
the transnational exchange of
the need for multilateral partnerships,
information and the Community-wide dissemination of good practice; whereas
this Decision does not go beyond what
is necessary to achieve those
objectives;

HAS ADOPTED THIS DECISION:

Article1

Establishment of the Programme

This Decision establishes a Community action programme to promote measures to
combat discrimination based on racial or ethnic origin, religion or belief, disability,
age or sexual orientation, hereinafter referred to as 'the programme', for the period
from 1 January 2001 to 31 December 2006.

Article 2

Principles

1.

2.

For the purpose of this decision, discrimination shall be defined as one
person or a group of persons being treated less favourably than another on
grounds of racial or ethnic origin, religion or belief, disability, age or sexual
orientation; or as the application of an apparently neutral provision which is
liable to disadvantage that person or group of persons on the same grounds,
unless justified by objective reasons.

implementing and following up the activities under

In designing,
the
programme, account will be taken of the experience of people exposed to
discrimination.

Article 3

Objectives

the level of the
The programme shall support and supplement
Community and in the Member States to promote measures to combat discrimination,
including by complementing legislative developments. It shall have the following
objectives:

the efforts at

(a)

improve the understanding of
issues related to discrimination through
improved knowledge and measurement and through the evaluation of the
effectiveness of policies and practice;

9

(b)

develop the capacity of target actors (in particular Member States, local and
regional authorities,
independent bodies responsible for the fight against
discrimination , the social partners and non-governmental organisations) to
address discrimination effectively,
through support for the
exchange of information and good practice and networking at European level;

in particular

(c)

promote and disseminate the values and practices underlying the fight against
discrimination.

Article 4

Community actions

1. With a view to achieving the objectives set out in Article 3, the following actions
may be implemented within a transnational framework:

(a)

(b)

(c)

analysis of factors related to discrimination, including through the collection
of statistics, studies and the development of indicators and benchmarks; and
the evaluation of anti-discrimination legislation and practice, with a view to
assessing its effectiveness and impact, with effective dissemination of the
results;

transnational co-operation between target actors and the promotion of
networking at European level between non-governmental organisations active
in the fight against discrimination;

awareness raising, in particular to emphasise the European dimension of the
fight against discrimination and to publicise the results of the programme, in
particular through communications, publications, campaigns and events.

2. Arrangements for the implementation of the Community Actions described in
paragraph 1 are set out in the Annex.

Article 5

Implementation of the programme and co-operation with the Member States

1. The Commission shall:

(a)

(b)

ensure the implementation of
programme in conformity with the Annex;

the Community actions covered by this

have a regular exchange of views with representatives of non-governmental
organisations and the social partners at European level on the design,
implementation and follow-up of the programme and on related policy
orientations. The Commission shall inform the Committee established under
Article 6 of their opinions

10

(c)

promote active partnership and dialogue between all the partners involved in
the programme,
inter alia to encourage an integrated and co-ordinated
approach to the fight against discrimination,.

2. The Commission, in co-operation with the Member States, shall take the necessary
steps to:

(a)

(b)

(c)

1.

2.

3.

4.

promote the involvement in the programme of all the parties concerned;

ensure the dissemination of the results of the actions undertaken within the
framework of this programme;

provide appropriate information, publicity and follow-up with regard to
actions supported by this programme.

Article 6

Committee

The Commission shall be
composed of
representatives of the Member States and chaired by the representative of the
Commission (hereinafter referred to as "the Committee").

assisted by a

committee

Where reference is made to this paragraph, the advisory procedure laid down
in Article 3 of Decision 1999/468/EC shall apply.

The representative of
Committee on:

the Commission shall

in particular consult

the

(a) the general guidelines for the implementation of the programme;

(b) the annual budgets and the distribution of funding between measures;

(c) the annual plan of work for the implementation of the programme's
actions;

The representative of the Commission shall also consult the Committee on
other appropriate matters concerning the implementation of this programme.

To ensure the consistency and complementarity of this programme with other
measures referred to in Article 7, the Commission shall keep the Committee
regularly informed about other Community action contributing to the fight
against discrimination. Where appropriate, the Commission shall establish
regular and structured co-operation between this Committee and the
monitoring committees established for other relevant policies, instruments
and actions.

Article 7

Consistency and complementarity

11

1.

2.

3.

in co-operation with the Member States, ensure
The Commission shall,
overall consistency with other Union and Community policies, instruments
and actions, in particular by establishing appropriate mechanisms to co-
ordinate the activities of this programme with relevant activities relating to
research, employment, equality between women and men, social inclusion,
education, training and youth policy and in the field of the Community's
external relations.

The Commission and the Member States shall ensure consistency and
complementarity between action undertaken under this programme and other
relevant Union and Community action, in particular under the Structural
Funds and the Community Initiative EQUAL.

The Member States shall make all possible efforts to ensure consistency and
complementarity between activities under this programme and those carried
out at national, regional and local levels.

Article 8

Participation of the EFTA/EEA countries, the associated countries of Central
and Eastern Europe, Cyprus, Malta and Turkey

This programme shall be open to the participation of:

(a)

(b)

(c)

(d)

1.

2.

the EFTA/EEA countries in accordance with the conditions established in the
EEA Agreement;

the candidate countries of central and eastern Europe (CEECs) in accordance
with the conditions established in the Europe Agreements, in their additional
protocols and in the decisions of the respective Association Councils;

Cyprus and Malta, funded by additional appropriations in accordance with
procedures to be agreed with these countries;

Turkey, funded by additional appropriations in accordance with procedures to
be agreed with that country.

Article 9

Monitoring and evaluation

The Commission shall regularly monitor this programme in co-operation
with the Member States.

The programme shall be evaluated by the Commission with the assistance of
the relevance and
independent experts. This evaluation will assess
effectiveness of actions implemented with regard to the objectives referred to
in Article 2. It will also examine the impact of the programme as a whole.

12

The evaluation will also examine the complementarity between action under
this programme and that pursued under other relevant Community policies,
instruments and actions.

3.

The Commission shall submit to the European Parliament, the Council, the
Economic and Social Committee and the Committee of the Regions an
evaluation report on the implementation of the programme by 31 December
2005.

Article 10

Entry into Force

This Decision shall enter into force on the date of its publication in the Official
Journal of the European Communities.

Done at Brussels,

For the Council
The President

13

Annex : indications for the implementation of the programme

I. Areas of action

The programme may operate in the following areas :

(a)

(b)

(c)

(d)

(e)

(f)

(g)

Promotion of non-discrimination within and by public administrations
(e.g. police, judicial systems, health, social security, education);

promotion of non-discrimination within and by the media;

the removal of discriminatory barriers to participation in decision-
making and the democratic process;

the removal of discriminatory barriers to access goods and services,
including housing, transport, culture, leisure and sport;

the identification of
monitoring of discrimination;

tools and methodologies

for

the effective

the identification of
the effective
dissemination of information about rights to equal treatment and non-
discrimination

tools and methodologies

for

identification

the
discriminatory policies and practices.

of methodologies

for mainstreaming

anti-

The programme themes may be adapted or supplemented in accordance with the
procedure established under Article 6, on the basis of an annual review, taking into
account the results of the preparatory actions for this programme and activities under
other Community policies, instruments and actions.

In all its activities, the programme will respect
mainstreaming.

the principle of gender

II. Actions

Strand 1 – Analysis and Evaluation

The following measures may be supported:

(1)

(2)

(3)

the development and dissemination of comparable statistical series on the
scale of discrimination in the Community;

the development and dissemination of methodologies and indicators for
evaluating the effectiveness of anti-discrimination policy and practice
(benchmarking);

the analysis, by means of annual reports, of anti-discrimination legislation and
practice, with a view to evaluating its effectiveness and disseminating lessons
learned;

14

(4)

thematic studies within the framework of the priority themes comparing and
contrasting approaches within and across
the different grounds of
discrimination.

In implementing this Strand, the Commission will in particular ensure consistency and
complementarity with the activities of the European Monitoring Centre on Racism and
Xenophobia and of the Community RTD Framework Programme.

Strand 2 – Capacity Building

The following measures may be supported in order to improve the capacity and
effectiveness of target actors involved in combating discrimination :

(1)

Transnational exchange actions involving a range of actors from at least 4
Member States, consisting of the transfer of information, lessons learned and
good practice. Activities may include the comparison of the effectiveness of
processes, methods and tools related to the chosen themes; the mutual transfer
and application of good practice; exchanges of personnel;
the joint
development of products, processes, strategy and methodology; the adaptation
to different contexts of the methods, tools and processes identified as good
practices; and/or the common dissemination of results, visibility materials and
events.

(2)

Core funding for relevant European-level non-governmental organisations
with experience of fighting discrimination and acting as advocates of people
exposed to discrimination in order to promote the development of an
integrated and co-ordinated approach to the fight against discrimination.

The criteria for determining the organisations to be supported shall be
established in accordance with the procedure foreseen in Article 6.

Strand 3 - Awareness Raising

The following measures may be supported:

(1)

(2)

(3)

(4)

The organisation of conferences, seminars and events at European level;

The organisation of seminars by the Member States in support of the
implementation of Community law in the field of non-discrimination; and the
promotion of a European dimension to events organised at national level;

The organisation of European media campaigns and events to support the
transnational exchange of information and the identification and dissemination
of good practice, including the award of prizes to successful actions under
Strand 2, to strengthen the visibility of the fight against discrimination;

The publication of materials to disseminate the results of the programme,
including through the construction of an Internet Site providing examples of
good practice, a forum for the exchange of ideas and a database of potential
partners for transnational exchange actions.

15

III. Method of Presenting Applications for support

Strand 1

this Strand will be mainly implemented through calls for tender. For
co-operation with National Statistical Offices, the EuroStat procedures
will apply.

Strand 2

Strand 2.1 will be implemented in response to calls for proposals
which will be submitted to the Commission.

Strand 2.2 will be implemented in response to calls for proposals
which will be submitted to the Commission.

Strand 3

this Strand will be implemented, in general, in response to calls for
tender. However, action under Strand 3.2 and 3.3 may be subsidised in
response to requests for subsidies for example from the Member
States.

16

Financial statement

1.

TITLE OF OPERATION

Combating discrimination

2.

BUDGET HEADINGS INVOLVED (1999 headings)
B3-4101 - (part of) co-operation with charities8

-4111 - preparatory measures to combat discriminations9
-2006 - pilot projects to promote multicultural integration9

3.

LEGAL BASIS

Article 13 of the Treaty

4.

DESCRIPTION OF OPERATION

4.1.

Objectives

The objective is to support efforts to combat discrimination by

–

–

–

Improving the understanding and knowledge of problems related to
discrimination

Developing the capacity of target actors to address discrimination

Promoting and disseminating the values and practices of anti-
discrimination.

4.2.

Period covered

From 1 January 2001 to 31 December 2006 (6 years).

5.

CLASSIFICATION OF EXPENDITURE

5.1.

5.2.

Non-compulsory expenditure

Differentiated appropriations

€
from a total 1999 budget of 3 M

€
8 1,2 M
9 For the DPB2000, the Commission proposed to join budget lines 4111 and 2006 in a single one
dealing with article 13

17

6.

TYPE OF EXPENDITURE

-

-

100% for contracts for studies and provision of services, meetings of
experts and the organisation of conferences and seminars, as well as
for publication and dissemination expenditure agreed on the basis of
an initiative from the Commission.

Subsidies generally below 90% of total eligible costs in the case of
grants to cover the general running costs of organisations and
networks operating at European level (strand 2.2) as well as of grants
to cover costs strictly related to transnational operations of exchange
of experience at European level (strand 2.1).

7.

FINANCIAL IMPACT

Estimates have been based on past experience, in particular the amounts of the
above mentioned budget lines.

7.1

Method of calculating total cost of operation (relation between
individual and total costs)

M EUROS
Year 1

1. Analysis and evaluation
• Development of comparable statistical series

Co-operation with EuroStat and Nat. Stat. Offices
– average of 50 to 60.000 per MS + 200.000 for
development work at EU level
Amount to be increased to 1.3 as from Year 2

• Methodologies and indicators for evaluating policies and practices

- Studies on methods/indicators

Restricted calls for tender
(+/- 5 studies +/- 40.000)
- Related meetings – seminars with
independent and governmental experts
to discuss progress and proposals
(Base : 5 meetings/40 participants)

• Analysis of legislation/annual reports on

legislation , policy and practice/Co-operation with

group of experts

- Reports10

- Groups of experts11

1

0.2

0.2

0.2

1.4

10 Annual report on discrimination and anti-discrimination. Figures do not include costs of translation
and printing

18

Calls for tender

• Thematic studies

+/- 3 studies at an average of 100.000

+/- 4 studies at an average of 30.000

Open/restricted calls for tender

Amounts to be increased to 0.6 as from Year 2

• Monitoring : database/external evaluation

0.4

Database 0.1 in year 1, updating 0.05 in subsequent years

0.1

Ex post evaluation 0.5 in year 4

TOTAL (Year 1)

2. Capacity building and exchange of good practice

• Transnational co-operation operations

3.5

2.5

Average of 12 to 20 operations x average of 250 to

350.000 per year, only 8 to 12 operations of average

200 to 250.000 in Year 1 – (starting phase).

€
Increasing from 2.5 to 5 M

in Year 2

Calls for proposals each year

• Core-funding of networks of NGOs

3.5

Average of 600/800.000 – 5 to 6 major networks/

platforms

Criteria of eligibility to be specified in agreement with

the Committee of the programme

Vade mecum rules and procedures for running costs

11 Base 5 groups: legal experts for monitoring developments in connection with the different legal
instruments/fields (employment/race); expert group on monitoring of policy and practice related to
discrimination, and, to be specified further, groups related to some specific grounds/fields. Cost per
group (+/- 15 members/ 1 coordinator): average of 250.000 to 350.000 (including costs of
meetings/travels).

19

grants to be applied.

TOTAL (Year 1)

6

3. Awareness raising

• EU conferences : 4 to 5 major EU conferences on
areas relevant to the programme (in Brussels or with
the Presidencies) including an annual Conference
bringing together all partners of the programme.

Average cost based on 200 to 250 participants – 2
days of conference : +/- 200.000 per conference

Grants to Presidencies only 3 conferences on Year 1

0.6

• Support

to national events/conferences with a
European
by Member
organised
States(rate of co-financing based on degree of
European dimension)

dimension

Average 40 to 80.000 / 15 to 20 grants

Amount to be increased from 0.8 in Year 1 to 1 in Year 2

Calls for proposals restricted to Member States

0.8

• Media

campaigns/events

and
support to media and information activities – Grants
further to call for proposals or provision of services
further call for tender if initiative of the Commission

including

prizes

(ex: European Day on disability)

Amount to be increased from 0.8 in Year 1 to 1 in Year 2

• Publications of

- 4 Magazine a year (production – dissemination)
(only one magazine in Year 1 – amount to be increased
to 0.3 as from Year 2)
- specific translation/publication costs in connection
with expert groups/studies /reports and
conferences etc.
- other publications, internet site and
dissemination costs of above mentioned

0.8

0.1

0.2

20

annual publications
Amount to be increased as from Year 3

Calls for tender for specific tasks/standard provision of
services contracts
All these amounts to be slightly increased in the second
half of the programme

TOTAL (Year 1)

OVERALL TOTAL (Year 1)

Note : Enlargement impact to be incorporated later on

0.3

2.8

12.3

7.2

Itemised breakdown of cost

Commitment appropriations EUR million (at current prices)

Breakdown

2001

2002

2003

2004

2005

2006

Total

Analysis and evaluation

Capacity building

3.5

6

Awareness raising/visibility

2.8

4

8.5

3.7

Total

12.3

16.2

4.1

9

3.9

17

4.6 (1)

4.1

9

4.1

9

4.1

17.7

17.2

4.5

9

4.5

18

24.8

50.5

23.1

98.4

(1) ex post evaluation starting in Year 4

7.3

Operational expenditure for studies, experts etc. included in Part B of
the budget

Commitment appropriations EUR million (at current prices)

2001

2002

2003

2004

2005

2006

Total

– Studies and contracts with
experts (1)

1

1

1

1

1

1

5

– Meetings of experts (2)

– Information and
publications

0.2

0.3

0.2

0.3

0.2

0.3

0.3

0.4

0.3

0.4

0.3

0.4

1.2

2.1

Total

1.5

1.5

1.5

1.7

1.7

1.7

9.3

(1) excluding arrangements with EuroStat

(2) excluding meetings covered by part. A of the budget

21

7.4

Schedule of commitment and payment appropriations

2001

2002

2003

2004

2005

2006

Total

EUR million

Commitment appropriations

12.3

16.2

17

17.7

17.2

18

98.4

Payment appropriations

2001
2002
2003
2004
2005
2006
2007 and subs.

Total

4
6.3
2

7
7
2.2

7.3
7.3
2.4

7.5
7.5
2,4

7.4
7.4
2.4

12.3

16.2

17

17.7

17.2

4
13.3
16.3
17
17.3
19.1
11.4

98.4

9
9

18

8.

FRAUD PREVENTION MEASURES

All the measures funded are subject to ex ante, in itinere and ex post analysis
regards content quality and cost
by the responsible departments as
effectiveness. These measures are supplemented by the work,
including
monitoring in the field, carried out by the financial departments of the
Commission and the Court of Auditors. The documents which contractually
bind the Commission and the recipients of the payments for anti-fraud
measures to ensure that the financial contributions of the Community are used
correctly.

9.

9.1

ELEMENTS OF COST-EFFECTIVENESS ANALYSIS

Objectives

the fight

Responsibility for
against discrimination is principally a
responsibility of the Member States. The Community should support the
efforts of the Member States in this area, combining support for legislative
measures to combat discrimination with broader activities promoting both
anti-discrimination practices, based on a positive approach to diversity, and
long-term changes in attitudes.

Three sub-objectives have been identified to which correspond three major
strands for actions under the programme :

–

–

Improving the understanding and knowledge of problem related to
discrimination

Developing the capacity of target actors to address discrimination

22

–

Promoting
discrimination.

and

disseminating

values

and

practices

of

anti-

The programme will work with a variety of target actors selected from
regional and local administrations,
among policy makers in national,
independent bodies responsible for the fight against discrimination, non-
governmental organisations, social partners, research institutes, the media,
opinion-formers, social service providers, the judiciary and law enforcement
agencies. European-level organisations
against
discrimination and/or in advocacy for people exposed to discrimination will
be also major partners in the programme as a whole.

in the

active

fight

9.2

Grounds for the operation

The Community has had experience of promoting action to combat
discrimination on some of the grounds now included in Article 13. Various
of these initiatives have been successful in supporting local initiatives with
defined beneficiaries, but less so in producing added value at European level.
This has been partly because the projects have been on a relatively small
scale and because the partnerships across national boundaries have often
been rather weak. In addition, the Commission has encountered difficulties in
managing the numerous small projects closely enough to draw out and
disseminate the lessons which have been learned.

This proposal is designed to remedy these problems by concentrating on a
limited number of high-quality, large-scale, co-ordinated initiatives where
the emphasis will be on promoting change in the Member States. It will
involve Member State governments, local and regional authorities, networks
of employers and employees and large scale NGOs and will streamline the
funding which has been devoted in the past to a series of ad hoc measures in
fields such as race, age and disability.

In this context, the programme will have three strands, which will run
concurrently. However, the Community has more experience in dealing with
some grounds of discrimination than on others (e.g. more on race and
disability discrimination than on age and sexual orientation). This means that
there will be more need for studies and analysis, especially in the early stages
of the programme, on grounds where there is little experience and more
scope for the exchange of existing good practice in tackling other grounds.

The strands will operate as follows:

a) Improving the understanding and knowledge of problems

This strand aims at providing a basic tool for collecting information, putting
it into a useable and comparable form and ensuring its dissemination to the
target actors in the Member States.

The examination of the current situation reveals that there is relatively little
information available about
the true scale of discrimination or of the
effectiveness of the measures in place to prohibit or discourage it. The

23

programme should assist actors in the different Member States to learn from
the experience of others, with the objective of improving the effectiveness of
their efforts to combat discrimination. Information about what is happening
in the Member States needs therefore to be made available in a form which is
readily accessible and which will be used by the actors.

The measures presented under this strand were defined with a view to stay
within a reasonable budgetary envelope and be as cost effective as possible:
all these measures are to be implemented within a transnational framework
and are targeted in order to get specific outcomes : comparability of statistics
through a co-operation process between EuroStat and the national statistical
offices, agreed methodologies for benchmarking and evaluation, production
of annual reports etc. Preparatory measures under the 1999 budget, and in
particular small scale studies, will help to map the situation and enable the
programme to begin more efficiently and effectively.

b) developing the capacity of target actors to address discrimination

This strand aims at adding value to the capacity of actors to address
discrimination effectively. This is achieved by disseminating to these actors
good practices and lessons from experience and involving them in a process
of transnational exchange and dialogue at EU level.

Past experience related to the grounds of discrimination has underlined the
importance of working in partnership with target actors in the Member States
and with organisations advocating the interests of people exposed to
discrimination. These target actors hold the wealth of information and
expertise on tackling discrimination which can be brought to the benefit of
other partners and are the bodies which can affect the delivery of policy in
the Member States. A means needs to be found to unlock this information
and to put it at the disposal of others. Previous Community action in the
fields of sex, race, disability and age discrimination has shown the value of
bringing actors together in transnational partnerships which can form the
basis for the exchange of good practice.

The strand therefore includes support to specific operations of transnational
exchange. As noted above, ex-ante evaluation suggests that the Community
should not subsidise local actions which are designed with particular,
identifiable beneficiaries in mind, but should resolutely concentrate on the
exchange of information and good practices already in place in Member
States. The themes of the programme will be defined each year. In doing so,
full account will be taken of
the fight against
discrimination within all Community policies and programmes. The
preparatory actions launched under the 1999 budget should help to identify
for a gradual
the areas of promising work and possible priorities
implementation of the activities under this strand.

the developments of

This strand also includes support to a limited number of major EU networks
of NGOs active in the field of anti-discrimination. Dialogue with the civil
society organisations is a key component of the process to mobilise all actors
to combat discrimination. It is therefore proposed to promote this dialogue

24

through EU co-ordination networks which have proved their capacity to
bring together a very wide range of NGOs and to act as advocates of those
exposed to discrimination. Supporting the running costs of a limited number
of networks on the basis of clear commitments and work programme appears
to be preferable to supporting a large number of competing bodies and
groups only acting as lobbies for their particular interests.

c) promoting and disseminating the values and practices of anti-
discrimination

This strand aims at disseminating the lessons of the programme and adding
to the momentum needed for the acceptance of change in society. It will
contribute to creating the political conditions necessary for legislative or
other developments.

Advances in practice and policy have often followed or been accompanied
by campaigns of awareness-raising on a particular issue. This has been true
in particular in the field of gender and race equality, but also in other areas
such as the environment, where campaigns led either by Governments or by
grass roots organisations have prepared public opinion for
legislative
proposals. The prime responsibility for such actions must remain at national
level (for it is at national level that the majority of standards are set –
Community law aims only to establish minimum standards below which
Member States should not fall). But there can be advantages in limited
Community action to support activity in the Member States, in particular by
facilitating understanding of how other Member States have tackled similar
problems.

This strand therefore includes classical information and communication tools
(a programme information bulletin and an internet site) and targeted
visibility/awareness raising events or campaigns.
It will also include
subsidies to events organised to support the political themes selected by the
successive Presidencies of the Council.

These actions would be implemented as part of the overall information
strategy of the Commission. Member States would be invited to play an
active role to ensure the complementarity with their initiatives and ensure
maximum impact and cost efficiency.

9.3

Monitoring and evaluation of the operation

Given that this programme is designed to encourage new policy responses to
discrimination, the functions of monitoring and evaluation naturally form
part of the activities implemented, in such a way as to derive maximum
benefit from them.

The programme will be monitored throughout its operation. The Programme
Committee will receive regular reports prepared by the Commission services.
The monitoring will be adapted according to the needs of each of the strands
and will include aspects of both quality assurance and financial regularity.

25

In addition, the programme will be subject to a final evaluation, assisted by
external evaluators, to be carried out by 30 June 2005. The results will be fed
into an implementation report to the other Community institutions by 31
December 2005. On the basis of the implementation report, the Commission
will consider what further action may be necessary.

The framework for the evaluation will be developed in co-operation with the
the effectiveness,
Programme Committee. It will
efficiency and relevance of the programme,
including in terms of the
knowledge transfer achieved (what difference has the programme made in
terms of the delivery of non-discrimination policy and practice in the
Member States).

look in particular at

The evaluation is to be financed by the budget of the programme and, taking
into account the SEM 2000 recommendations with regard to monitoring and
evaluation, it is proposed to reserve an indicative amount of 0.5 Meuros for
evaluation and 0.35 Meuros for monitoring. An external evaluation team will
be selected further to a call for tenders.

10.

ADMINISTRATIVE EXPENDITURE (SECTION III, PART A OF THE BUDGET)

Actual mobilisation of the necessary administrative resources will depend on
the Commission's annual decision on the allocation of resources, taking into
account
the number of staff and additional amounts authorised by the
budgetary authority.

expenditure necessary for

Administrative
the
programme is provided for a fixed period of 6 years from 2000. They do not
imply a supplementary budgetary allocation.

implementation of

the

10.1 Effect on the number of posts

Type of post

Staff to be assigned to managing
the operation

Source

Duration

Permanent
posts

Temporary
posts

Additional
resources

Existing
resources in
the DG or
department
concerned

6 years

Officials or
temporary staff

A
B
C

5.5
2
3

Other resources

Total

10.5

5.5
2
3

10.5

26

10.2

Overall financial impact of human resources

Amounts (6 years)

Method of calculation

EUR million

Officials

6.804

Temporary staff

Other resources (indicate
budget heading)

Total

6.804

Based on average salary cost of 108.000
(Headings A1, A2, A4, A5, A7)

6 years x 10.5 x 108.000 = 6.804.000

€

€

per man/year

10.3

Increase in other administrative expenditure as a result of the operation

No increase expected.

27

Budget heading

Amounts

Method of calculation

EUR

A-7010 (missions)

28.000 (1 year)

168.000 (6 years)

A-7030 (meetings)

119.000 (1 year)

714.000 (6 years)

Average of 3 missions of 1 day to 1,5 day in each Member State each
(1 day) to 656
year – average cost of 590

(1,5 day) per mission.

€

€

Regular meetings of the High Level Groups on non-discrimination (2
meetings a year, 2 representatives per Member State), and on
disability (2 meetings, 1 representative per MS). Other meetings with
NGOs and social partners (2 meetings a year with NGOs, 2 meetings
with social partners, 15 to 20 non-governmental experts) – Average
€
cost of 650
for non-governmental experts

per meeting/person for governmental experts and 750

€

A-7031
Committees)

(obligatory

29.000 (1 year)

3 meetings a year of the Programme Committee (1 representative per
MS)

174.000 (6 years)

A-7040
(conferences)

380.000 (1 year)

2.280.000 (6 years)

Total

556.000 (1 year)

3.336.000 (6 years)

Average costs of 650
meetings = annual cost : 29.250

€

per governmental experts x 15 MS x 3

2 thematic conferences (150 participants) and 1 annual programme
conference (250 participants). Organisation by Commission services
(SCIC). Total costs
include travel and accommodation costs
according to Commission rules and related organisation costs.
€
for
Average of 100.000
the annual conference.

for the thematic conferences and 180.000

€

Calculation based on current expenditure associated with implementation of budget
lines B3-2006, 4101 and 4111.
The expenditure set out in the above table under Heading A-7 (obligatory committees,
missions and conferences) will be covered by credits within the DG EMPL global
envelope.

28