2000/750/EC: Council Decision of 27 November 2000 establishing a Community action programme to combat discrimination (2001 to 2006)
Date: 2000-11-27
Institutions: Council of the European Union
Subjects: EU programme, action programme, anti-discriminatory measure, racial discrimination

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Official Journal of the European Communities

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 27 November 2000

establishing a Community action programme to combat discrimination (2001 to 2006)

(2000/750/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(4)

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 (1),

(5)

After consulting the Economic and Social Committee (2),

After consulting the Committee of the Regions (3),

Whereas:

(1)

(2)

(3)

The European Union is founded on the principles of
liberty, democracy, respect for human rights and funda-
mental freedoms, and the rule of law, principles which
are common to all Member States. 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 derived from
the shared constitutional
traditions common to the
Member States, as general principles of Community law.

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.

The European Union rejects theories which attempt to
determine the existence of separate human races. The
use of the term ‘racial origin’ in this Decision does not
imply an acceptance of such theories.

(1) Opinion delivered 5.10.2000 (Not yet published in the Official

Journal).

(2) OJ C 204, 18.7.2000, p. 82.
(3) OJ C 226, 8.8.2000, p. 1.

(6)

(7)

the programme,

implementation of

In the
the
Community will seek, in accordance with the Treaty, to
eliminate inequalities and promote equality between
men and women, particularly because women are often
the victims of multiple discrimination.

The different forms of discrimination cannot be ranked:
all are equally intolerable. The programme is intended
both to exchange existing good practice in the Member
States and to develop new practice and policy for
including multiple discrim-
combating discrimination,
in place a
ination. This Decision may help to put
comprehensive strategy for combating all
forms of
discrimination on different grounds, a strategy which
should henceforward be developed in parallel.

Experience of action at Community level, in particular in
the field of gender, has shown that combating discrim-
ination in practice calls for a combination of measures
and in particular of legislation and of practical action
designed to be mutually reinforcing. Similar lessons can
be drawn from experience dealing with racial and ethnic
origin and disability.

The programme should deal with all grounds of discrim-
ination with the exception of sex, which is dealt with by
specific Community action. Discrimination on different
grounds can have similar features and can be combated
in similar ways. Experience built up over many years in
combating discrimination on some grounds,
including
sex, can be used to the benefit of other grounds.
However, the specific features of the diverse forms of
discrimination should be accommodated. Therefore, the
particular needs of people with disabilities should be
taken into account in terms of the accessibility of activi-
ties and results.

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(8)

(9)

(10)

(11)

(12)

Access to the programme should be open to all public
and/or private bodies and institutions involved in the
fight against discrimination. In this connection account
must be taken of the experience and abilities of both
local and national non-governmental organisations.

Many non-governmental organisations at 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. They can
therefore make an important contribution towards a
better understanding of the diverse forms and effects of
discrimination and to ensuring that the design, imple-
take
mentation and follow-up of
account of the experience of people exposed to discrim-
ination. The Community has in the past provided core
funding for various organisations working in the area of
discrimination. The core funding of effective non-
governmental organisations may be a valuable asset in
combating discrimination.

the programme

The measures necessary for the implementation of this
Decision should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (1).

It is necessary, in order to reinforce the added value of
Community action, that the Commission, in cooperation
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 partic-
ular those in the fields of education and training and
equal opportunities between men and women under the
European Social Fund and those to promote social inclu-
sion. Consistency and complementarity with the relevant
activities of the European Monitoring Centre on Racism
and Xenophobia should also be ensured.

The Agreement on the European Economic Area (EEA
Agreement) provides for greater cooperation 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.
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 Associa-
tion Councils, to Cyprus, Malta and Turkey, funded by
additional appropriations in accordance with the proced-
ures to be agreed with those countries.

(13) A financial reference amount, within the meaning of
point 34 of the Interinstitutional Agreement of 6 May
1999 between the European Parliament, the Council and
the Commission (2) is included in this Decision for the
thereby
entire duration of

the programme, without

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ C 172, 18.6.1999, p. 1.

(14)

(15)

(16)

(17)

affecting the powers of the budgetary authority as they
are defined by the Treaty.

The Commission and the Member States should make
efforts to ensure that all the texts, guidelines and calls
this programme are
for proposals published under
written in clear, simple and accessible language.

It is appropriate that account should be taken of the
need to provide special assistance, where appropriate, to
enable people to overcome the obstacles to their partici-
pation in the programme.

It is necessary for the success of any Community action
to monitor and evaluate the results set against the objec-
tives.

In accordance with the principle of subsidiarity as
defined in Article 5 of the Treaty, the objectives of the
the
proposed action concerning the contribution of
Community to combating discrimination cannot be
sufficiently achieved by the Member States because, inter
alia, of the need for multilateral partnerships, the trans-
national exchange of information and the Community-
wide dissemination of good practice. In accordance with
the principle of proportionality as defined in the said
Article, this Decision does not go beyond what is neces-
sary to achieve those objectives,

HAS DECIDED AS FOLLOWS:

Article 1

Establishment of the programme

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

Article 2

Objectives

Within the limits of the Community's powers, the programme
shall support and supplement the efforts at Community level
and in the Member States to promote measures to prevent and
combat discrimination whether based on one or on multiple
factors, taking account, where appropriate, of future legislative
developments. It shall have the following objectives:

(a) to improve the understanding of issues related to discrim-
ination through improved knowledge of this phenomenon
and through evaluation of the effectiveness of policies and
practice;

(b) to develop the capacity to prevent and address discrim-
ination effectively, in particular by strengthening organisa-
tions' means of action and through support
the
exchange of information and good practice and networking
at European level, while taking into account the specific
characteristics of the different forms of discrimination;

for

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(c) to promote and disseminate the values and practices under-
lying the fight against discrimination, including through the
use of awareness-raising campaigns.

(d) provide accessible information and appropriate publicity
and follow-up with regard to actions supported by the
programme.

Article 3

Community actions

Article 5

Implementing measures

1. With a view to achieving the objectives set out in Article
2, the following actions may be implemented within a transna-
tional framework:

(a) analysis of

including
factors related to discrimination,
through studies and the development of qualitative and
quantitative indicators and benchmarks, in accordance with
national
law and practices, and the evaluation of anti-
discrimination legislation and practice, with a view to
assessing its effectiveness and impact, with effective dissem-
ination of the results;

(b) transnational

cooperation

of
networking at European level between partners active in
the prevention of, and the fight against, discrimination,
including non-governmental organisations;

promotion

and

the

(c) awareness-raising, in particular to emphasise the European
dimension of the fight against discrimination and to publi-
cise 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 4

Implementation of the programme and cooperation with
the Member States

1.

The Commission shall:

(a) ensure the implementation of

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

(b) 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 orienta-
tions. To that end the Commission shall make the relevant
information available to the non-governmental organ-
isations and the social partners. The Commission shall
inform the committee established under Article 6 of their
exchange of views.

The Commission, in cooperation with the Member States,

2.
shall take the necessary steps to:

(a) promote the involvement in the programme of all the
including non-governmental organ-

parties concerned,
isations of all sizes;

(b) promote active partnership and dialogue between all the
partners involved in the programme, inter alia to encourage
an integrated and coordinated approach to the fight against
discrimination;

(c) ensure the dissemination of

the results of

the actions

undertaken within the framework of the programme;

1.
The measures necessary for the implementation of this
Decision relating to the matters referred to below shall be
adopted in accordance with the management procedure
referred to in Article 6(2):

(a) the general guidelines

for

the implementation of

the

programme;

(b) the annual plan of work for the implementation of the
programme's actions, including the possibility of adapting
or supplementing the programme themes;

(c) the financial support to be supplied by the Community;

(d) the annual budget and the breakdown of the funds among

different actions of the programme;

(e) the arrangements for selecting actions and organisations for
Community support and the draft list of actions and organ-
isations submitted by the Commission for such support;

(f) the criteria for monitoring and evaluating the programme
its cost-effectiveness and the arrange-

and,
ments for disseminating and transferring the results.

in particular,

2.
The measures necessary for the implementation of this
Decision relating to all other matters shall be adopted in
accordance with the advisory procedure referred to in Article
6(3).

Article 6

Committee

1.

The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at two months.

3. Where reference is made to this paragraph, Articles 3 and
7 of Decision 1999/468/EC shall apply.

4.

The committee shall adopt its rules of procedure.

Article 7

Cooperation with other committees

To ensure the consistency and complementarity of
the
programme with other measures referred to in Article 8, the
Commission shall keep the Committee regularly informed of
other Community action contributing to the fight against
discrimination. Where appropriate,
the Commission shall
establish regular and structured cooperation between this
Committee and the monitoring committees established for
other relevant policies,

instruments and actions.

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Article 8

Consistency and complementarity

The annual appropriations shall be authorised by the
2.
budgetary authority within the limits of the financial perspec-
tive.

1.
The Commission shall, in cooperation with the Member
States, ensure overall consistency with other Union and
Community policies, instruments and actions, in particular by
establishing appropriate mechanisms to coordinate the activi-
ties of
the 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.

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

the programme

and other

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

levels.

Article 9

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

The 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
(CCEE) 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, Malta and Turkey, funded by additional appropria-
tions in accordance with procedures to be agreed with
these countries;

Article 10

Funding

1.
The financial reference amount for the implementation of
the programme for the period 2001 to 2006 is hereby set at
EUR 98,4 million.

Article 11

Monitoring and evaluation

The Commission shall regularly monitor the programme
1.
in cooperation with the Member States, in accordance with the
procedures set out in Article 6(2) or 6(3).

2.
The programme shall be evaluated by the Commission
with the assistance of independent experts. This evaluation
shall assess the relevance, the effectiveness and the cost/effec-
tiveness ratios of actions implemented with regard to the objec-
tives referred to in Article 2. It shall also examine the impact of
the programme as a whole.

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

instruments and actions.

The Commission shall submit to the European Parlia-
3.
ment, the Council, the Economic and Social Committee and the
Committee of the Regions an evaluation report on the imple-
mentation of the programme by 31 December 2005.

Article 12

Entry into force

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

Done at Brussels, 27 November 2000.

For the Council

The President

É. GUIGOU

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ANNEX

INDICATIONS FOR THE IMPLEMENTATION OF THE PROGRAMME

I. Areas of action

The programme may operate in the following areas, within the limits of the powers conferred by the Treaty upon the
Community:

(a) non-discrimination within and by public administrations;

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

(c) equal participation in political, economic and social decision-making;

(d) equal access to, and supply of, goods and services which are available to the public, including housing, transport,

culture,

leisure and sport;

(e) effective monitoring of discrimination,

including multiple discrimination;

(f) effective dissemination of information about rights to equal treatment and non-discrimination;

(g) the mainstreaming of anti-discriminatory policies and practices.

In all

its activities, the programme will respect the principle of gender mainstreaming.

In carrying out the programme, the Commission may, for the mutual benefit of the Commission and of the
beneficiaries, have recourse to technical and/or administrative assistance in the identification, preparation, manage-
ment, monitoring, audit and control of the programme or projects.

The Commission may also carry out studies, organise meetings of experts, conduct information campaigns and
launch publications directly related to the objective of this programme.

II. Access to the programme

Under the conditions and arrangements for implementation specified in this Annex, access to this programme shall be
in particular:
open to public and/or private bodies and institutions involved in the fight against discrimination,

(a) Member States;

(b) local and regional authorities;

(c) bodies for the promotion of equal treatment;

(d) social partners;

(e) non-governmental organisations;

(f) universities and research institutes;

(g) national statistical offices;

(h) the media.

III. Actions

S t r a n d 1 - A n a l y s i s a n d e v a l u a t i o n

The following measures may be supported:

1. the development and dissemination of comparable statistical series on the scale of discrimination in the

Community in accordance with national

law and practices;

2. the development and dissemination of methodologies and indicators for evaluating the effectiveness of anti-

discrimination policy and practice (benchmarking) in accordance with national

law and practices;

3. the analysis, by means of annual reports, of anti-discrimination legislation and practice, with a view to evaluating

its effectiveness 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.

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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, the Community framework programme for
research, technological development and demonstration activities and the Community statistical programme.

S t r a n d 2 - C a p a c i t y b u i l d i n g

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

1. Transnational exchange actions involving a range of actors from at least three Member States, consisting of the
transfer of information, lessons learned and good practice. Activities may include a 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. The process of selecting applications for funding
under the programme will take account of the diverse nature of discrimination;

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

Core funding will be capped at 90 % of the expenditure eligible for support.

The procedures for selecting such organisations may take account of the diverse and heterogeneous nature of the
groups facing discrimination.

S t r a n d 3 - A w a r e n e s s - r a i s i n g

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 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;

3. 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;

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 transnational exchange actions.

IV. Method of presenting applications for support

Strand 1: this Strand will be implemented mainly through calls for tender. For cooperation with National Statistical

Offices, the EUROSTAT procedures will apply.

Strand 2: Strands 2, Point 1 and 2, Point 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 Strands
3, Point 2 and 3, Point 3 may be subsidised in response to requests for subsidies, for example from the
Member States.