Opinion of the Committee of the Regions on the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions Non-discrimination and equal opportunities for all — A framework strategy Proposal for a Decision of the European Parliament and of the Council on the European Year of Equal Opportunities for All (2007) Towards a Just Society
Date: 2005-11-16
Institutions: European Committee of the Regions
Subjects: European social policy, anti-discriminatory measure, equal treatment, gender equality, public awareness campaign

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the European Parliament,

Opinion of the Committee of the Regions on the Communication from the Commission to the
Council,
the European Economic and Social Committee and the
Committee of the Regions Non-discrimination and equal opportunities for all — A framework
strategy Proposal for a Decision of the European Parliament and of the Council on the European
Year of Equal Opportunities for All (2007) Towards a Just Society

(2006/C 115/14)

THE COMMITTEE OF THE REGIONS,

Having regard to the Communication from the Commission to the Council, the European Parliament, the
European Economic and Social Committee and the Committee of the Regions ‘Non-discrimination and equal
opportunities for all — A framework strategy’ COM(2005) 224 final and the Proposal for a Decision of the
European Parliament and the Council on ‘the European Year of Equal Opportunities for All (2007) Towards a
Just Society’ COM(2005) 225 final — 2005/0107 (COD),

Having regard to the decision of the European Commission of 1 June 2005 to consult it on the subject,
under the first paragraph of Article 265 of the Treaty establishing the European Community,

Having regard to the European Parliament's Resolution on protection of minorities and anti-discrimina-
tion policies in an enlarged Europe and the CoR's forthcoming opinion in response to this Resolution,

Having regard to the decision of its President of 25 July 2005 to instruct its Commission for Economic
and Social Policy to draw up an opinion on this subject,

Having regard to its opinion on equal treatment (CdR 513/99 fin) (1),

Having regard to Directives 2000/43/EC and 2000/78/EC (implementing the principle of equal treatment
between persons irrespective of racial or ethnic origin and establishing a general framework for equal treat-
ment in employment and occupation),

Having regard to its opinion on implementing the principle of equal treatment between men and women
in the access to and supply of goods and services (CdR 19/2004 fin) (2),

Having regard to its opinion on the Green Paper on equality and non-discrimination in an enlarged EU
COM(2004) 379 final (CdR 241/2004 fin) (3),

Having regard to its Draft Opinion CdR 226/2005 rev. 1 adopted on 23 September 2005 by its Commis-
sion for Economic and Social Policy (Rapporteur: Cllr Peter Moore, Member of Sheffield Metropolitan
Borough Council (UK/ALDE),

Whereas:

1)

2)

The Treaty establishing the European Union (Article 13 TEU) sets as a fundamental objective
combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or
sexual orientation;

The provisions of the Charter of Fundamental Rights of the Union, adopted in Nice in December
2000 and inserted into the Treaty establishing a Constitution for Europe (Article II-81), introduce a
broad ban on discrimination: ‘Any discrimination based on any ground such as sex, race, colour,
ethnic or social origin, genetic features, language, religion or belief, political or any other opinion,
membership of a national minority, property, birth, disability, age or sexual orientation shall be
prohibited’;

(1) OJ C 226 of 8.8.2000, p. 1
(2) OJ C 121 of 30.4.2004, p. 25
(3) OJ C 71 of 22.3.2005, p. 62

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3)

4)

The Racial Equality Directive (2000/43/EC) and the Employment Framework Directive (2000/78/EC)
were due to have been transposed into national law by all Member States by the end of 2003;

The Social Agenda 2005-2010, which complements and supports the Lisbon Strategy, has a key
role in promoting the social dimension of economic growth and one of the priorities of the Social
Agenda is the promotion of equal opportunities for all;

unanimously adopted the following opinion at
17 November 2005 (meeting of 16 November).

its 62nd plenary session, held on 16 and

1. The Committee of the Regions' views

underlines however the unsatisfactory state of imple-
1.7
mentation of anti-discrimination policies by the Member States.

The Committee of the Regions

I) Outcome of the Green Paper Consultation

III) Assessing the Need for Further Action to Complement

the

Current Legal Framework

1.1 welcomes the Commission's attempt to take account of
the comments and reactions received from over 1500 organisa-
tions in response to the Green Paper consultation on ‘Equality
and non-discrimination in an enlarged EU’ adopted by the
Commission in May 2004;

1.8
reminds the Commission that it deplores the emergence
of a hierarchy of protection between different groups covered
by Article 13 and that a more comprehensive EU policy frame-
work remains to be completed with regard to, age, gender,
ethnic origin, disability, religion and belief and sexual orienta-
tion;

notes that in addition to the Committee of the Regions,
1.2
a large number of local and regional authorities and their asso-
ciations took part in the consultation process;

highlights that the interest shown by the local and
1.3
regional level in the Green Paper reflects the fact that local and
regional authorities have a major role to play in delivering stra-
tegies dealing with non-discrimination and equal opportunities
for all. This is largely due to their role as major employers, as
well as their responsibility as providers and procurers of goods
and services;

expresses gratitude that the Commission broadly took
1.4
into account a number of its concerns, as set out in its opinion
on the Green Paper, particularly with regard to efforts to
improve implementation of non-discrimination laws, informa-
tion and awareness raising, stakeholder involvement and the
need to improve monitoring and reporting mechanism.

II) Ensuring Effective Legal Protection against Discrimination

1.5 welcomes
the suggestion to draw up an annual
implementing measures
comprehensive report on national
transposing the provisions of Directives 2000/43/EC and
2000/78/EC;

points out that although progress has been made
1.9
regarding female employment, women continue to be paid less
than men even when highly educated and for comparable
work. Furthermore, employers still
take a negative attitude
towards gender differences when it comes to pregnancy and
maternity;

1.10
emphasises the specific issue of migrant women in
both working life and interpersonal and family relations and
calls for a specific study to be carried out by 2008;

notes with interest the Commission's proposal to carry
1.11
out a feasibility study concerning possible new initiatives to
complement the current legal framework.

IV) Mainstreaming non-discrimination and equal opportunities for

all

1.12
agrees that it is difficult for legislation alone to tackle
deep-rooted patterns of inequality experienced by some groups
and that mainstreaming tools should be developed to promote
mainstreaming of non-discrimination. This should also help
focus on situations of multiple discrimination;

1.6 welcomes the publication in early 2006 of Commission
reports to the Council and Parliament analysing the state of
transposition of Directives 2000/43/EC and 2000/78/EC;

repeats its suggestion that for mainstreaming equality
1.13
there must be mechanisms to ensure that equality issues and
principles are given due regard in the formulation, administra-
tion and evaluation of all policies;

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the

that

notes

Treaty

Constitutional

1.14
further
strengthens the European Union's means to fight discrimination
by broadening the ban on discrimination through Article II-81,
by introducing a horizontal non-discrimination clause in
Article III-118 and by strengthening the European Parliament's
role in adopting anti-discrimination legislation (Article III-125).
Irrespective of
the Constitutional Treaty,
Article 13 of the EC Treaty already provides the legal basis for
developing a mainstreaming approach to all the grounds of
discrimination.

the ratification of

1.22
supports the initiative to make 2007 the European
Year of Equal Opportunities for All and finds this particularly
timely since it will be ten years since the European Year
Against Racism and the Treaty of Amsterdam, which was
significant for the new equalities legislation it brought in;

points out that if too much emphasis is placed on
1.23
big-impact, large-scale activities the risk will be to focus atten-
tion on the main events, to the possible detriment of local and
community events;

V) Promoting and Learning from Innovation and Good Practice

1.24
namely Rights; Recognition; Representation; Respect;

agrees with the themes selected for the European Year,

1.15
considers that education is an important means
through which discrimination can be tackled and that local and
regional authorities play a vital role in this area;

considers that there should be a direct link with the
1.25
proposed 2008 European Year of Inter-cultural Dialogue and
that any actions in 2007 should be mutually supportive;

1.16 welcomes the Commission's intention to promote
exchanges of experiences and good practice between a wide
range of stakeholders and believes that
local and regional
authorities should be key players in these activities;

1.26
stresses that the role of the media will be critical to
the success of the European Year. Due attention should be paid
to the role of local media. Contacts between local and regional
authorities and local media will help raise awareness during the
year;

1.17 welcomes the increased emphasis placed on gender
equality in the proposals for Structural Funds post 2006 but
also recognises the importance of the horizontal approach to
combating discrimination;

1.27
highlights the need to consult with the local and
regional government sector, where many of the Union's poli-
cies are delivered, often requiring a considerable administrative
and financial commitment. Good policy development and
lawmaking requires input from the key stakeholders.

1.18
strongly believes that funding programmes that help
promote exchanges of good practice and learning from others
should not be overly bureaucratic with regard to their adminis-
trative requirements, which can inhibit take-up of available
funding;

1.19
recognises the valuable work done by the European
Monitoring Centre on Racism and Xenophobia and the inten-
tion to replace it with a new Fundamental Rights Agency and
strongly urges that adequate resources are provided for the new
Agency in order for it to fully play its part in the fight against
discrimination.

VII) Tackling discrimination and social exclusion faced by disadvan-

taged ethnic minorities

1.28
supports the Commission's highlighting of the situa-
tion of the Roma as a particular concern and the setting up of
a high level advisory group on social and labour market inte-
gration of disadvantaged ethnic minorities;

2. The Committee of the Regions' recommendations

VI) Raising Awareness and Cooperating with Stakeholders

Implementation of Existing Legislation

1.20
considers that awareness-raising initiatives are crucial
for increasing the public's knowledge about their rights at EU
level and recognises the importance of targeting these at chil-
dren and young people;

reminds the CoR Secretary General of its request to
2.1
evaluate the personnel policy and employee profile of
the
Secretariat General with regard to its compliance with the new
legislation and to report back both to the Bureau and the ECOS
commission within the next six months;

1.21
suggests that engaging with minority and community
groups is crucial, particularly in rural areas and in areas where,
for example there is a small ethnic minority population;

urges the CoR national delegations to ensure that nomi-
2.2
nations submitted for the 2006 mandate should be balanced in
terms of gender and ethnic origin and that the Council take
this into account when making the appointments;

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Promoting and Learning from Best Practice

2.3
repeats its call for the CoR to commission and publish
a vademecum of anti-discrimination good practice for local
authorities as employers and further calls for this to cover our
role as providers and procurers of goods and services and as
leaders in community cohesion and anti-discrimination, linking
examples from each Member State of initiatives covering all six
grounds for discrimination recognised by Article 13. Where
local and regional authorities work with other partners to
provide these services, best practice examples of partnership
working will be particularly welcome. Publication of this docu-
ment should be timed to coincide with the launch of the 2007
Year of Equal Opportunities for All. The CoR will take due care
not to duplicate any Commission led initiatives in this regard;

stresses that

2.9
level and the
Committee of the Regions should be fully involved in any
follow-up actions highlighted in the framework strategy;

the local and regional

2.10
in particular, the Committee of the Regions wishes to
be included in the annual high level ‘Equality Summit’ outlined
in the draft framework strategy;

a local/regional dimension should be included at the
2.11
Commission's planned high level advisory group on social and
labour market integration of disadvantaged ethnic groups.

2.4
with regard to EU funding, requests that the Commis-
sion should seek creative ways of allowing small NGOs to
access smaller levels of
funding, with due consideration of
administrative and reporting mechanisms;

Awareness Raising Activities,
Equal Opportunities for All

including 2007 European Year of

2.5
better data collection, monitoring and analysis is impor-
tant in order to inform the development of effective policies to
promote equality and to tackle discrimination. The CoR
stresses that local and regional government must be involved
in discussions with the Commission regarding developing
the
comparable quantitative data to identify and highlight
extent of existing inequalities. Data monitoring needs to cover
as many aspects of potential discrimination as possible, not just
gender or ethnicity. It is also important to measure the impact
of different types of actions and identify whether changes are
necessary.

Further Action to Complement the Current Legal Framework

2.6
the CoR reiterates its demand, previously made in its
opinion on the Green Paper, that legislation on goods and
services should be extended to all areas covered in Article 13;

the Commission's feasibility study looking into possible
2.7
new measures to complement
framework
should draw on evidence gathered by the CoR in the process
of drawing up its vademecum of anti-discrimination good prac-
tice.

the current

legal

Involvement of Stakeholders

2.8
requests that the Commission should explicitly name
local and regional authorities when referring to key stake-
holders, consistently and throughout the entirety of both the
Communication on the framework strategy and the document
establishing the European Year of Equal Opportunities for All;

2.12
calls on the UK Presidency to ensure that this dossier
progresses speedily through the Council in order that a legal
basis for the year can be secured in good time;

2.13

supports the Specific objectives of:

i) Rights — Raising public awareness on the right to equality
and non discrimination, and as local and regional authori-
ties are the elected bodies closest to the citizen, believes
they have a crucial role to play in this, particularly in disse-
minating this across the regions of Europe outside of the
major urban areas. Welcomes the work carried out by the
bus used by the Commission to disseminate information
about EU citizens' rights with regard to equal opportunities
and encourages it now to move beyond Member State capi-
tals. A proactive approach involving local and regional
authorities and the CoR should be used to promote the
visit of the bus in local areas;

ii) Representation — Stimulating debate on ways to increase
participation in society with all minorities and with particu-
lar emphasis on increasing participation of Roma and
Muslim communities;

iii) Recognition — Celebrating and accommodating diversity;

iv) Respect and tolerance — Promoting a more cohesive
society and working on eliminating stereotypes and preju-
dices. A major tool in achieving this could be through the
use of cultural events including music, drama and sport.
The Commission could sponsor
this and work with
national and local and regional bodies and civil society to
ensure events take place throughout the participating coun-
tries culminating in a major European festival combining
both 2007 the year of Equal Opportunities for All and
2008 the year of Intercultural Dialogue. The event to take
place in one of the two countries holding the presidency in
2008 (Slovenia/France);

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2.14 welcomes the Commission's view that participating
countries
should designate a national coordination body
including representatives of national government, social part-
ners, targeted communities and other segments of civil society,
but calls for each coordination body to include representation
from local and regional authorities;

2.15
encourages regional and local authorities to use the
logo of the European Year to publicise equal opportunities
activities that they carry out in 2007;

proposes that the CoR hold a conference early in

2.16
2007, as for other European ‘years’ to launch the year.

Brussels, 16 November 2005.

The President

of the Committee of the Regions

Peter STRAUB

Resolution of the Committee of the Regions on the European Commission's work programme and
the Committee of the Regions' priorities for 2006

(2006/C 115/15)

THE COMMITTEE OF THE REGIONS,

HAVING REGARD TO the Commission's work programme for 2006, Unlocking Europe's full potential
(COM(2005) 531 final);

HAVING REGARD TO the Strategic Objectives 2005-2009 (COM(2005) 12 final);

HAVING REGARD TO the 2004-2006 multi-annual strategic programme of the six presidencies;

HAVING REGARD TO the Communication from the Commission, The Commission's contribution to the
period of reflection and beyond: Plan-D for Democracy, Dialogue and Debate (COM(2005) 494 final);

HAVING REGARD TO the protocol on the arrangements for cooperation between the European Commis-
sion and the Committee of the Regions (DI CdR 81/2001 rev. 2);

HAVING REGARD TO the resolution of the Committee of the Regions on revitalising the Lisbon Strategy
(CdR 518/2004);

HAVING REGARD TO the resolution of the Committee of the Regions on the way forward for the finan-
cial perspectives 2007-2013 (CdR 203/2005);

WHEREAS regional and local governments are the authorities responsible for implementing an important
part of EU policies;

WHEREAS regional and local governments help to define the EU's priorities, which greatly enhances the
democratic legitimacy of EU policies;

WHEREAS the Committee of the Regions will set its four-yearly priorities in February 2006, at the begin-
ning of its fourth term of office (2006-2010);

adopted the following resolution at its 62nd plenary session of 16 and 17 November 2005
(meeting of 17 November):