Amended Proposal for a Council Decision establishing a Community Action Programme to combat discrimination 2001-2006 (presented by the Commission pursuant to Article 250(2) of the EC Treaty)
Date: 2000-10-10
Institutions: European Commission
Subjects: EU action, action programme, anti-discriminatory measure, equal treatment, exchange of information

27.2.2001

EN

Official Journal of the European Communities

C 62 E/119

Amended proposal for a Council Decision establishing a Community Action Programme to combat
discrimination 2001-2006 (1)

(2001/C 62 E/07)

(Text with EEA relevance)

COM(2000) 649 final (cid:16) 1999/0251(CNS)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 11 October 2000)

(1) OJ C 116 E, 26.4.2000, p. 16.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE COUNCIL OF THE EUROPEAN UNION,

Unchanged

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of
Committee,

the Economic and Social

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

(1) Whereas the Union is founded on the principles of liberty,
for human rights and fundamental
democracy, respect
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;

Whereas:

(1) The Union is

founded on the principles of

liberty,
for human rights and fundamental
democracy, respect
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 and as they result
from the
common to the
Member States, as general principles of Community Law;

constitutional

traditions

(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 oppor-
tunities across all grounds of discrimination;

(2) The European Parliament has strongly and repeatedly
urged the European Union to develop and strengthen its
policy in the field of equal treatment and equal oppor-
tunities across all grounds of discrimination;

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INITIAL PROPOSAL

AMENDED PROPOSAL

in the

(3) Whereas experience of action at Community level,

field of gender, has

in
particular
shown that
combating discrimination in practice calls for a combi-
nation 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
end (1);

(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 discrimi-
nation on different grounds can have similar features
and can be combated in similar ways; whereas
the
in combating
experience built up over many years
including sex, can be
discrimination on some grounds,
used to the benefit of other grounds; whereas, however,
the specific features of the diverse forms of discrimination
should
the
particular needs of people with disabilities should be
taken into account in terms of the accessibility of activities
and results;

accommodated; whereas,

therefore,

be

(3) Experience of action at Community level, in particular in
the field of gender, has shown that combating discrimi-
nation 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 end (1);

(4) The programme should deal with all grounds of discrimi-
nation 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;

(4A) There is no hierarchy of

importance between the
different forms of discrimination, which are all equally
intolerable; whereas the programme is intended both to
exchange existing good practice in the Member States
and to promote the development of new practice and
policy in combating discrimination, including multiple
this proposal can help the
discrimination; whereas
Community in developing an overall
strategy for
combating discrimination on a range of grounds,
which should now advance together;

(4B)

In implementing this programme, the Community,
in
accordance with Article 3(2) of the EC Treaty, aim to
eliminate inequalities, and promote equality between
men and women, especially since women are often
the victims of multiple discrimination;

___________
(1) See

separate proposals

establishing a General
for Directives
Framework for Employment Equality and implementing the
Principle of Equal Treatment between persons
irrespective of
Racial and Ethnic Origin elsewhere in this package.

___________
(1) See

separate proposals

establishing a General
for Directives
Framework for Employment Equality and implementing the
Principle of Equal Treatment between persons
irrespective of
Racial and Ethnic Origin elsewhere in this package.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(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
important
contribution to understanding the diverse forms and
effects of discrimination and to ensuring that the design,
the programme take
implementation and follow-up of
account of the experience of people exposed to discrimi-
nation;

therefore make

they

can

an

(5) Many non-governmental organisations at

the European
level have experience and expertise in fighting discrimi-
nation, 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 discrimi-
nation and to ensuring that the design, implementation
the
and follow-up of
experience of people exposed to discrimination; whereas
the Community has in the past provided core-funding to a
range of organisations working in the field of discrimi-
nation; whereas therefore the core-funding of effective
non-governmental organisations can be a valuable asset
in combating discrimination;

the programme take account of

(6) Whereas,

for

in accordance with Article 2 of Council
Decision 1999/468/EC of 28 June 1999 laying down the
implementing powers
procedures
conferred on the Commission (1), measures
the
implementation of Decision should be adopted by use of
the advisory procedure provided for in Article 3 of that
Decision;

the exercise of

for

for

(6) In accordance with Article 2 of Council Decision
1999/468/EC of 28 June 1999 laying down the
implementing powers
procedures
conferred on the Commission (1), measures
the
implementation of Decision should be adopted by use of
the advisory procedure provided for in Article 3 of that
Decision;

the exercise of

for

that

the Commission,

(7) Whereas it is necessary, in order to reinforce the added
value of Community action,
in
co-operation with the Member States, should ensure, at
all levels, the coherence and complementarity of actions
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;

(7) It is necessary, in order to reinforce the added value of
Community action, that the Commission, in co-operation
with the Member States, should ensure, at all levels, the
coherence and complementarity of actions implemented
this Decision and other relevant
in the framework of
Community
in
and
policies,
particular those under the European Social Fund, in the
fields of education and training and equal opportunities
between women and men and to promote
social
inclusion;

instruments

actions,

(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
in accordance with the
of central and eastern Europe,
in
conditions established in the Europe Agreements,
their additional protocols and in the decisions of
the
respective Association Councils,
to Cyprus and Malta,
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;

(8) The Agreement on the European Economic Area (EEA
for greater co-operation in the
Agreement) provides
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
in accordance with the
of central and eastern Europe,
in
conditions established in the Europe Agreements,
their additional protocols and in the decisions of
the
respective Association Councils,
to Cyprus and Malta,
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;

(8A) The annual appropriations for the programme will be
determined by the budgetary authority within the limits
of the financial perspectives;

(9) Whereas it is necessary for the success of any Community
action to monitor and evaluate the results set against the
objectives

(9) It is necessary for the success of any Community action to
monitor and evaluate the results set against the objectives

___________
(1) OJ L 184, 17.7.1999, p. 23.

___________
(1) OJ L 184, 17.7.1999, p. 23.

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INITIAL PROPOSAL

AMENDED PROPOSAL

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

this Decision does not go beyond what

the proposed action concerning

(10) In accordance with the principles of subsidiarity and
proportionality as defined in Article 5 of the Treaty, the
the
objectives of
contribution of the Community to combating discrimi-
nation cannot be sufficiently achieved by the Member
States because, inter alia, of the need for multilateral part-
nerships, the transnational exchange of information and
the Community-wide dissemination of good practice;
whereas
is
necessary to achieve those objectives;

this Decision does not go beyond what

HAS ADOPTED THIS DECISION:

HAS DECIDED AS FOLLOWS:

Article 1

Unchanged

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 orien-
tation, hereinafter referred to as Athe programmeB,
for the
period from 1 January 2001 to 31 December 2006.

Article 2

Principles

1.
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.

In designing,

implementing and following up the
2.
activities under the programme, account will be taken of the
experience of people exposed to discrimination

In designing,

implementing and following up the
2.
activities under the programme, account will be taken of the
experience of people exposed to discrimination, in particular
through
The
non-governmental
programme will take account of the impact of discrimination
on its victims and, where appropriate, on people close to them.

organisations.

relevant

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INITIAL PROPOSAL

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Article 3

Objectives

Unchanged

The programme shall support and supplement the efforts at the
level of the Community and in the Member States to promote
measures
including by comple-
menting legislative developments. It shall have the following
objectives:

to combat discrimination,

The programme shall support and supplement the efforts at the
level of the Community and in the Member States to promote
measures to prevent and combat discrimination and multiple
discrimination taking account, where appropriate, of
future
legislative activities. It shall have the following objectives:

(a) improve the understanding of issues related to discrimi-
nation through improved knowledge and measurement
and through the evaluation of the effectiveness of policies
and practice;

Unchanged

local and regional authorities,

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

local and regional authorities,

(b) develop the capacity of target actors (in particular Member
States,
independent bodies
responsible for the fight against discrimination, the social
partners and non-governmental organisations of varying
sizes) to address and prevent discrimination effectively, in
particular through the empowerment of their organisations
and through support for the exchange of information and
good practice and networking at European level, while
taking account of
the diverse
forms of discrimination;

the specific features of

(c) promote

values
disseminate
underlying the fight against discrimination.

and

the

and practices

(c) promote

and
underlying the
through awareness-raising activities.

disseminate
fight

the

against discrimination,

values

and practices
including

Article 4

Community actions

Unchanged

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

(a) analysis of

factors

related to discrimination,

including
through the collection of statistics, studies and the devel-
opment 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;

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

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

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INITIAL PROPOSAL

AMENDED PROPOSAL

(c) awareness raising, in particular to emphasise the European
the fight against discrimination and to
in particular
campaigns and

dimension of
publicise the results of
through communications, publications,
events.

the programme,

Unchanged

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) ensure the implementation of

the Community actions
covered by this programme in conformity with the Annex;

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

(b) have a regular exchange of views with representatives of
non-governmental organisations and the social partners at
implementation and
European level on the design,
follow-up of the programme and on related policy orien-
tations. To this end, the Commission shall make relevant
information available to the non-governmental organi-
sations and social partners. The Commission shall inform
the Committee established under Article 6 of their opinions

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

inter

alia

Unchanged

The Commission,

2.
States, shall take the necessary steps to:

in co-operation with the Member

(a) promote the involvement

in the programme of all

the

parties concerned;

(a) promote the involvement

parties concerned,
sations of varying sizes;

in the programme of all
the
including non-governmental organi-

(b) ensure the dissemination of

the results of

the actions

Unchanged

undertaken within the framework of this programme;

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

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

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INITIAL PROPOSAL

Article 6

Committee

AMENDED PROPOSAL

Unchanged

The Commission shall be assisted by a committee
1.
composed of
the Member States and
chaired by the representative of the Commission (hereinafter
referred to as Athe CommitteeB).

representatives of

2. 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 the Commission shall in particular

3.
consult the Committee on:

(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
4.
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

1.
The Commission shall, in co-operation with the Member
States, ensure overall consistency with other Union and
Community policies, instruments and actions, in particular by
establishing
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.

appropriate mechanisms

to co-ordinate

2.
The Commission and the Member States shall ensure
consistency and complementarity between action undertaken
under
relevant Union and
Community action,
in particular under the Structural Funds
and the Community Initiative EQUAL.

this programme

and other

1.
The Commission shall, in co-operation with the Member
States, ensure overall consistency with other Union and
Community policies, instruments and actions, in particular by
establishing
the
activities of this programme with relevant activities relating
to research, employment, equality between women and men,
social inclusion, culture, education, training and youth policy
and in the field of the Community’s external relations.

appropriate mechanisms

to co-ordinate

Unchanged

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3.
The Member States shall make all possible efforts to
ensure consistency and complementarity between activities
this programme and those carried out at national,
under
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) the EFTA/EEA countries in accordance with the conditions

established in the EEA Agreement;

(b) 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;

(c) Cyprus and Malta, funded by additional appropriations in
to be agreed with these

accordance with procedures
countries;

(d) Turkey, funded by additional appropriations in accordance

with procedures to be agreed with that country.

Article 8a

The annual appropriations
this programme shall be
for
determined by the Budgetary Authority within the limits of
the financial perspectives.

Article 9

Unchanged

Monitoring and evaluation

The Commission shall regularly monitor this programme

1.
in co-operation with the Member States.

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

The programme shall be evaluated by the Commission
2.
with the assistance of
taking into
independent
account the views of non-governmental organisations as appro-
priate. This evaluation will assess the relevance, effectiveness
and cost-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.

experts,

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

Unchanged

The Commission

3.
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.

submit

shall

the

to

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Article 10

Entry into force

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

ANNEX

INDICATIONS FOR THE IMPLEMENTATION OF THE PROGRAMME

I. General principles

The Commission and the Member States shall make efforts to
ensure that all
texts, guidelines and calls for proposals issued
simple and
under
accessible language with a view to helping people participate in
the programme.

this programme are formulated in clear,

Account will be taken of the need to provide special assistance
where appropriate to enable people to overcome barriers to their
participation in the programme.

In its activities, the programme will respect the principle of gender
mainstreaming, giving attention to cases where the gender of the
victim has an effect on the discrimination suffered.

I. Areas of action

II. Areas of action

The programme may operate in the following areas:

Unchanged

(a) Promotion of non-discrimination within and by public adminis-
judicial systems, health, social security,

trations (e.g. police,
education);

(b) promotion of non-discrimination within and by the media;

(c) the removal of discriminatory barriers

to participation in

decision-making and the democratic process;

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

(e) the identification of tools and methodologies for the effective

monitoring of discrimination;

(e) the identification of tools and methodologies for the effective
monitoring of discrimination, including multiple discrimination;

(f) the identification of tools and methodologies for the effective
dissemination of information about rights to equal treatment
and non-discrimination;

Unchanged

(g) the identification of methodologies for mainstreaming anti-

discriminatory policies and practices.

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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.

its activities, the programme will respect the principle of

In all
gender mainstreaming.

Deleted

the programme,

the Commission may have
In carrying out
to the
recourse to technical and/or administrative assistance,
mutual benefit of
the beneficiaries,
the Commission and of
related to identification, preparation, management, monitoring,
audit and control.

The Commission may also undertake information, publication and
dissemination actions. It may also undertake evaluation studies and
organise seminars, colloquia or other meetings of experts.

II. Actions

III. Actions

Strand 1 (cid:16) Analysis and evaluation

Unchanged

The following measures may be supported:

1.

the development and dissemination of comparable statistical

series on the scale of discrimination in the Community;

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

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

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.

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 Research and Technical Development Framework
Programme and the Community Statistical Programme.

Strand 2 (cid:16) Capacity building

Unchanged

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

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least 4 Member States, consisting of

1. Transnational exchange actions involving a range of actors from
at
the transfer of
information, lessons learned and good practice. Activities may
the effectiveness of processes,
include the comparison of
methods and tools related to the chosen themes; the mutual
transfer
exchanges of
personnel;
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.

and application of good practice;

the

least 3 Member States, consisting of

1. Transnational exchange actions involving a range of actors from
at
the transfer of
information, lessons learned and good practice. Activities may
the effectiveness of processes,
include the comparison of
methods and tools related to the chosen themes; the mutual
transfer
exchanges of
personnel;
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. In selecting applications for funding, the programme
will take account of the diverse nature of discrimination.

and application of good practice;

the

2. Core funding for

relevant European-level non-governmental
fighting discrimination and
organisations with experience of
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.

2. Up to 90% core funding for relevant European-level non-govern-
mental 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.

The criteria for determining the organisations to be supported
shall be established in accordance with the procedure foreseen in
Article 6. These criteria may take account of the diverse and
heterogeneous nature of groups facing discrimination.

Strand 3 (cid:16) Awareness Raising

Unchanged

The following measures may be supported:

1. The organisation of conferences,

seminars and events at

European level;

2. The organisation of seminars by the Member States in support
the implementation of Community law in the field of
European

of
non-discrimination;
the promotion of
and
dimension to events organised at national level;

a

the transnational exchange of

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

4. 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 trans-
national exchange actions.

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III. Method of presenting applications for support

IV. Unchanged

Strand 1: this Strand will be mainly implemented through calls for
tender. For co-operation with National Statistical Offices,
the EuroStat procedures will apply.

Unchanged

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.