Proposal for a COUNCIL RECOMMENDATION on effective Roma integration measures in the Member States
Date: 2013-06-26
Institutions: European Commission
Subjects: EU financing, Roma, anti-discriminatory measure, competence of the Member States, cross-border cooperation, principle of proportionality, principle of subsidiarity, social integration

EUROPEAN 
COMMISSION 

Brussels, 26.6.2013  
COM(2013) 460 final 

2013/0229 (NLE) 

Proposal for a 

COUNCIL RECOMMENDATION 

on effective Roma integration measures in the Member States 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Background 

Many Roma in Europe face prejudice, intolerance, discrimination and social exclusion in their 
daily lives. They are marginalised and mostly live in very bad socio-economic conditions. On 
average,  only  one  in  two  Roma  children  attend  pre-school  or  kindergarten;  participation  in 
education drops considerably after compulsory school with only 15% of young Roma adults 
completing upper-secondary education; on average, fewer than one in three Roma report to be 
in  employment;  20 %  are  not  covered  by  health  insurance  and  90 %  are  living  below  the 
poverty line1. This undermines social cohesion and sustainable human development, hampers 
competitiveness  and  generates  costs  for  society  as  a  whole.  Discrimination  of  the  Roma  is 
also incompatible with the values upon which the EU is founded. The crux of the problem lies 
in the close links between discrimination and social exclusion experienced by Roma. 

Policy context 

On 5 April 2011, the Commission adopted an EU Framework for national Roma integration 
strategies up to 20202. The European Council endorsed it in June 2011. It expressed the EU’s 
political will to address the situation of Roma. 

With this Framework, the European Commission aims to ensure that Member States adopt an 
effective  approach  to  Roma  integration  and  endorse  goals  on  the  four  pillars  of  education, 
employment, health and housing. 

Under  the  Framework,  the  Commission  must  report  annually  on  progress  made  by  the 
Member States. In 2012, it assessed for the first time the national strategies presented by the 
Member States and adopted horizontal conclusions — COM(2012) 226 final — and specific 
indications  on  the  strengths  and  weaknesses  of  each  Member  State’s  strategy  — 
SWD(2012)133 final. 

One year on, the Commission’s report focuses on the progress the Member States have made 
in ensuring that several pre-conditions are in place for successfully implementing the national 
strategies.  These  pre-conditions  include  involving  regional  and  local  authorities,  working 
closely  with  civil  society,  monitoring  and  evaluating  the  implementation  of  the  strategies, 
including  by  reinforcing  the  role  of  the  National  Roma  Contact  Points,  allocating  the 
necessary  funding,  stepping  up  the  fight  against  discrimination  and  mainstreaming  it  into 
other  policies.  In  its  assessment,  the  Commission  took  into  consideration  input  from  civil 
society and other stakeholders. 
Building on the conclusions of this report and on the Commission’s 2012 progress report3, the 
proposal for a Council Recommendation aims to speed up progress by focusing the attention 
of  the  Member  States  on  a  number  of  concrete  measures  that  are  crucial  for  implementing 
their strategies more effectively. 

1 

2 
3 

The Situation of Roma in 11 Member States; Survey Results at a Glance, Fundamental Rights Agency 
and United Nations Development Programme, 2012. 
COM(2011) 173 final. 
COM(2012) 226 final. 

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Purpose of the proposal 

The  proposal  for  a  Council  recommendation  is  based  on  the  2011  and  2012  Commission 
communications4  and  on  the  2011  Council  Conclusions  on  Roma  inclusion5.  It  aims  to 
provide  guidance  to  Member  States  in  enhancing  the  effectiveness  of  their  measures  to 
achieve  Roma  integration  and  to  strengthen  the  implementation  of  their  national  Roma 
integration strategies or sets of policy measures to improve the situation of Roma, in line with 
the challenges faced by Member States according to the respective size and situation of their 
Roma  population.  It  reinforces  the  EU  Framework  with  a  non-binding  legal  instrument  in 
order  to  make  it  easier  for  Member  States  to  turn  their  commitments  into  reality.  The 
Recommendation specifically covers: 

• 

• 

• 

specific  targeted  action,  building  on  best  practices,  to  strengthen  Roma 
integration  in  full  respect  of  the  principle  of  subsidiarity  and  without  duplicating 
existing  EU  legislation.  This  is  the  case  for  education,  employment,  health  and 
housing; 

horizontal  issues  that  are  essential  for  putting  into  practice  Roma  integration 
policies  and for securing  their  sustainability.  These particularly  include the  fight 
against  discrimination  and  stereotyping;  the  protection  of  children  and  women;  the 
adoption  of  a  social  investment  approach;  the  collection  of  information  on  the 
situation  of  Roma  to  monitor  the  impact  of  policies;  the  translation  of  national 
commitments into local action; the support of the work of bodies that promote equal 
treatment of Roma; the reinforcement of the resources and capacities of the National 
Roma Contact Points and the development of transnational cooperation; 

general  principles  of  securing  the  transparent  and  appropriate  allocation  of 
funds  to Roma inclusion (not only EU but also national and local funds). Overall 
recommendations  on  EU  funding  are  based  on  the  experience  of  the  current 
programming period and on the proposed Regulation on common provisions on the 
European  Regional  Development  Fund,  the  European  Social  Fund,  the  Cohesion 
Fund,  the  European  Agricultural  Fund  for  Rural  Development  and  the  European 
Maritime and Fisheries Fund. 

While  primary  responsibility  for  Roma  integration  rests  with  national  public  authorities,  it 
remains  a  challenge  given  that  the  social  and  economic  integration  of  Roma  is  a  two-way 
process  which  requires  a  change  of  mindsets  of  the  majority  of  the  people  as  well  as  of 
members of the Roma communities 

Consistency with other policies and objectives of the Union  

Equality is one of the Union's founding values and core aims under Article 2 TEU. 

Moreover, Article 3 TEU enshrines the combat against social exclusion and discrimination as 
one of the Union's aims. 

In  accordance  with  Article  8  TFEU,  the  EU  aims  to  eliminate  inequalities,  and  promote 
equality, between men and women in all its activities. Article 10 TFEU states that ‘in defining 
and  implementing  its  policies  and  activities,  the  Union  shall  aim  to  combat  discrimination 
based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation’. 

4 

5 

Communication  on  an  EU  Framework  for  national  Roma  integration  strategies  COM(2011) 173; 
Communication on a first step in implementing the EU Framework COM(2012) 226.  
Council Conclusions of 19 May 2011 on an EU Framework for national Roma integration strategies. 

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Finally, Article 21 of the Charter of Fundamental Rights of the European Union particularly 
prohibits discrimination on the grounds of race or ethnic origin among other grounds. 

The  proposal  is  consistent  with  existing  secondary  legislation  in  the  field  of  anti-
discrimination in so far as it complements the established legal framework. Council Directive 
2000/43/EC  implements  the  principle  of  equal  treatment  between  persons  irrespective  of 
racial or ethnic origin and sets out a binding framework by prohibiting discrimination on the 
basis  of  racial  or  ethnic  origin  throughout  the  EU  in  the  areas  of  employment  and  training, 
education, social protection (including social security and healthcare), social advantages and 
access  to  goods  and  services  (including  housing).  It  prohibits  direct  and  indirect 
discrimination,  harassment  and  instruction  to  discriminate.  All  EU  Member  States  have 
transposed this Directive into national legislation. The European Commission checks that the 
Directive is correctly implemented and will publish a report on its implementation in 2013. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES 

The proposal is based on the work that took place during two meetings of a group of Member 
States  set  up  in  2012  in  the  context  of  the  network  of  National  Roma  Contact  Points6.  The 
meetings, held on 7-8 November and 6-7 December 2012, and to which participation was on a 
voluntary  basis,  produced  fruitful  discussions  between  the  Member  States  on  a  number  of 
issues considered crucial to boost Roma inclusion. 

In  line  with  the  EU  Framework,  Member  States  were  requested  to  submit  National  Roma 
Integration Strategies by the end of 2011. All Member States fulfilled their commitments in 
this respect and the national Roma integration strategies were published on the Commission's 
website  to  be  accessible  for  all  citizens.  The  Commission  received  a  wide  range  of 
contributions from various stakeholders, including civil society, on the strategies themselves 
and  more  recently  on  their  implementation7,  including  during  a  dialogue  between 
Commissioners and civil society representatives on 15 May 2013. 

In addition, regular meetings took place with the representatives of European umbrella Roma 
organisations8  on  the  challenges  and  most  important  issues  required  at  all  levels  to  actively 
promote Roma inclusion. 

Given  the  number  of  contributions  received  in  this  framework,  the  Commission  considered 
that no further public consultation was necessary specifically on the Recommendation. 

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8 

These countries include Belgium, Bulgaria, the Czech Republic, Finland, France, Germany, Hungary, 
Italy, Romania, Slovakia, Spain, Sweden and the United Kingdom. 
This  includes  reports  from  civil  society  coalitions  organised  by  the  Decade  of  Roma  Inclusion 
Secretariat Foundation in six Member States (Bulgaria, Czech Republic, Hungary, Romania, Slovakia, 
Spain)  and  two  enlargement  countries  (Albania,  FYROM),  reports  from  the  network  of  independent 
experts on social inclusion (http://ec.europa.eu/social/main.jsp?catId=1025&langId=en), the report from 
the  European Roma  Information  Office,  Discrimination against  Roma  in  the  EU  in  2012,  the  written 
feedbacks from Eurocities and from Eurodiaconia and research papers from the Academic network on 
romani studies (http://romanistudies.eu/news/contributions_from_members/). 
These  organisations  were  represented  by  the  European  Roma  Policy  Coalition  (ERPC).  Members  of 
ERPC participating in the meetings included the European Roma Information Office (ERIO), the Open 
Society  Foundations  (OSF),  the  European  Network  Against  Racism  (ENAR),  the  European  Roma 
Grassroots Organisation (ERGO) and Amnesty International (AI). 

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3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Legal basis 

A  proposal  for  a  Council  Recommendation  must  link  its  content  to  a  policy  area  of  the 
Treaties. Such a link is also necessary to determine the adoption rules of the act (unanimity or 
qualified majority). 

According to settled Court of Justice case law, the choice of a legal basis must be based on 
objective criteria that can be judicially reviewed, including in particular the aim and content 
of the measure in question9. 

Article  292  TFEU  sets  out  the  Council’s  mandate  to  adopt  recommendations.  It  reads  as 
follows: 

‘The Council shall adopt recommendations. It shall act on a proposal from the Commission in 
all  cases  where  the  Treaties  provide  that  it  shall  adopt  acts  on  a  proposal  from  the 
Commission.  It  shall  act  unanimously  in  those  areas  in  which  unanimity  is  required  for  the 
adoption  of  a  Union  act.  The  Commission,  and  the  European  Central  Bank  in  the  specific 
cases provided for in the Treaties, shall adopt recommendations.’ 

The EU’s right to act in matters of anti-discrimination, notably with regard to discrimination 
on the grounds of race or ethnic origin, stems from Article 19(1) TFEU. This provision is the 
legal  basis  for  any  binding  and  non-binding  measures  to  combat  discriminatory  acts  and 
practices. It reads as follows: 

‘1.  Without  prejudice  to  the  other  provisions  of  the  Treaties  and  within  the  limits  of  the 
powers  conferred  by  them  upon  the  Union,  the  Council,  acting  unanimously  in  accordance 
with  a  special  legislative  procedure  and  after  obtaining  the  consent  of  the  European 
Parliament,  may  take  appropriate  action  to  combat  discrimination  based  on  sex,  racial  or 
ethnic origin, religion or belief, disability, age or sexual orientation.’ 

Article  292  TFEU  is  therefore  to  be  read  together  with  the  appropriate  legal  basis  for  the 
substance of the proposal, namely Article 19(1) TFEU. 

Subsidiarity and proportionality 

According  to  the  principle  of  subsidiarity,  the  EU  shall  act  only  if  and  insofar  as  the 
objectives  of  the  proposed  action  cannot  be  sufficiently  achieved  by  the  Member  States 
(necessity test), but can rather, either by reason of its scale or effects, be better achieved at EU 
level (test of EU added value). 

The  measures  introduced  by  some  Member  States  vary  broadly  in  terms  of  scope  and 
effectiveness  and  many  Member  States  have  not  taken  specific  action  in  the  area  of  Roma 
inclusion. According to the conclusions of the 2013 progress report on the implementation of 
the  National  Roma  Integration  Strategies10,  the  Commission  took  note  that  while  Member 
States  have  had  the  legal  possibility  to  act  to  address  the  issue  of  Roma  integration,  the 
measures planned so far are not sufficient. Due to the lack of a coordinated approach to the 
issue of Roma integration, there are growing discrepancies among Member States. 

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10 

See  for  instance  the  judgment  of  the  Court  of  Justice  of  26  March  1996,  C-271/94,  Parliament  v 
Council, paragraph 14. 
This report has been based on information and findings provided by the Member States and a number of 
relevant stakeholders. 

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Scattered,  divergent  regulation  at  national  level  is  also  bound  to  exacerbate  the  situation  by 
creating  further  practical  problems  between  Member  States.  Indeed,  tackling  the  issue  of 
Roma  integration  in  an  uncoordinated  manner  has  proven  to  be  inefficient  in  the  European 
Union  as  a  whole,  where  the  free  movement  of  citizens  is  guaranteed.  This  situation  could 
result  in  a  significant  increase  of  Roma  migrants  in  Member  States  where  living  conditions 
are  more  favourable  and  where  social  inclusion  measures  for  the  disadvantaged  people  are 
more favourable. 

In  this  regard,  the  present  proposal  aims  to  supplement  existing  EU  action  in  the  areas 
concerned  (i.e.:  free  movement  of  citizens  Directive  2004/38/EC,  racial  discrimination 
Directive 2000/43/EC) in view of achieving more efficient results by better coordinating the 
measures to be adopted by the Member States. 

The objectives of the proposed action cannot be sufficiently achieved by the Member States 
on  their  own  and  may  therefore  be  better  achieved  through  coordinated  action  at  EU  level 
rather than through national initiatives of varying scope, ambition and effectiveness. 

According to the principle of proportionality, the content and form of EU action shall not 
exceed what is necessary to achieve the objectives of the Treaties. As past experience shows, 
in spite of some progress achieved in the Member States and at EU level over the past few 
years,  little  has  changed  in  the  day-to-day  situation  of  most  Roma.  According  to  the 
Commission’s findings, strong and proportionate measures are still not in place to tackle the 
social and economic problems of much of the EU’s Roma population. 

In  line  with  the  proportionality  principle,  the  non-binding  proposal  is  limited  to  setting 
common objectives and recommending specific measures, including positive action measures 
specifically provided for under Article 5 of Directive 2000/43/EC to prevent or compensate 
for disadvantages linked to racial or ethnic origin under the conditions developed in the case 
law of the CJEU in the area of sex discrimination11. This gives Member States enough leeway 
to  determine  how  to  best  achieve  these  common  objectives  at  national  level,  taking  into 
account national, regional or local circumstances. 

The proposal will not impede on the Member States' competence to deal with the issue of the 
social  inclusion  of  disadvantaged  communities,  like  the  Roma,  as  it  does  not  impose  rigid 
obligations. It merely recommends several options to Member States, leaving them determine 
the appropriate way of achieving the objectives set out. 

Choice of instrument 

The choice of a non-binding instrument aims at providing practical guidelines to the Member 
States as regards the problem of Roma social inclusion, but without laying down strict binding 
rules. 

The  choice  for  a  Council  recommendation  aims  at  reinforcing  the  existing  political 
commitments  of  Member  States  while  ensuring  consistent  minimum  standards  in  the 
European  Union  in  the  implementation  of  effective  national  Roma  strategies.  It  also 
strengthens  transnational  cooperation,  while  allowing  a  sufficient  margin  of  manoeuvre  to 
Member States on the forms and methods. 

11 

See  Case  C-409/95  Marschall  [1997]  ECR  I-6363,  paragraph  35.  See  also  case  C-450/93  Kalanke 
[1995] ECR I-3051, paragraphs 22 to 24, case C-158/97 Badeck [2000] ECRI 2000 p. I-1875, as well as 
case C-407/98 Abrahamsson [2000] ECR I-5539. 

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4. 

BUDGETARY IMPLICATION 

The proposal has no implications for the EU’s budget. 

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2013/0229 (NLE) 

Proposal for a 

COUNCIL RECOMMENDATION 

on effective Roma integration measures in the Member States 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, in particular Article 
19(1) and Article 292 thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

Article  2  and  Article  3  TEU  enshrine  the  right  to  equality,  the  fight  against  social 
exclusion and discrimination as essential values and objectives of the European Union. 

Article 10 TFEU states that ‘in defining and implementing its policies and activities, 
the Union shall aim to combat discrimination based on […] racial or ethnic origin’. 

Article 19(1) TFEU enables the adoption of measures to combat discrimination based 
on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.  

Article 21(1) of the Charter of Fundamental Rights of the European Union obliges the 
institutions,  bodies,  offices  and  agencies  of  the  EU  and  the  Member  States,  when 
implementing EU law, to respect the prohibition of discrimination on any ground, such 
as race, colour and ethnic or racial origin, and membership of a national minority, and 
to promote its application in accordance with their powers. 
Council  Directive  2000/43/EC12  sets  out  a  binding  framework  prohibiting 
discrimination  on  the  basis  of  racial  or  ethnic  origin  throughout  the  Union  in 
employment  and  training,  education,  social  protection  (including  social  security  and 
health care), social advantages and access to goods and services (including housing). 

The  term  “Roma”  is  used  –  similarly  to  other  political  documents  of  the  European 
Parliament  and  the  European  Council  –  as  an  umbrella  which  includes  groups  of 
people who have more or less similar cultural characteristics, such as Sinti, Travellers, 
Kalé, Gens du voyage, etc. whether sedentary or not13.  

(7)  Many  Roma  in  the  EU  are  in  a  worse  socio-economic  situation  than  the  general 
population and benefit less than the rest of the disadvantaged population from general 
social  inclusion  measures.  They  therefore  require  additional,  more  ambitious  social 
inclusion  measures  adapted  to  their  situation  and  needs.  As  Roma  often  face 
discrimination, social exclusion and deep poverty, they are considered vulnerable and 
at greater risk of human trafficking. 

12 
13 

OJ L 180, 19.7.2000, p. 22. 
(SEC(2010)400). 

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 (8)  Roma  who  are  third-country  nationals  staying  legally  in  the  Member  States  are 
particularly vulnerable as they share the same severe living conditions as many Roma 
EU citizens, whilst facing also challenges of migrants coming from outside the EU.  

(9) 

In the context of free movement and intra-EU mobility, it is necessary to accompany 
the full exercise of free movement rights with improvements in the living conditions 
of Roma, and their economic and social integration in Member States of origin as in 
Member States of residence. 

(10)  The European Parliament Resolutions on the Situation of Roma People in Europe (9 
September 2010) and on the EU Strategy on Roma Inclusion (9 March 2011) called on 
the  Commission  and  the  Member  States  to  mobilise  existing  EU  strategies  and 
instruments with a view to securing the socio-economic inclusion of Roma.  

(11)  The  2011  Commission's  Communication  An  EU  Framework  for  National  Roma 
Integration  Strategies14  called  on  Member  States  to  adopt  or  further  develop  a 
comprehensive approach to Roma integration and endorse a number of common goals 
in education, employment, health and housing in order to speed up the integration of 
Roma. 

(12)  The  Council  adopted  Conclusions15  on  19  May  2011  on  the  EU  Framework  for 
national  Roma  integration  strategies,  expressing  the  Member  States'  commitment  to 
advance the social and economic inclusion of the Roma. 

(13)  The Conclusions of the European Council of 23 and 24 June 2011 called for the rapid 
implementation of the Council's conclusions of 19 May 2011 on the EU framework for 
national  Roma  integration  strategies  up  to  2020  in  particular  as  regards  the 
preparation,  updating  or  development  of  Member  States'  national  Roma  inclusion 
strategies  or  integrated  sets  of  policy  measures  for  improving  the  situation  of  the 
Roma. 

(14)  The 2012 Commission's Communication National Roma integration strategies: a first 
step  in  the  implementation  of  the  EU  Framework16  and  the  accompanying  staff 
working  document17  provided  the  results  from  the  first  assessment  of  all  national 
Roma  integration  strategies  and  invited  Member  States  to  envisage  a  number  of 
adaptations as a way forward.  

(15)  The Commission enhanced its dialogue with the Member States on Roma integration, 
in particular  by establishing  in  October 2012 the network of National Roma Contact 
Points,  in  order  to  discuss  solutions  to  the  identified  challenges.  In  November  and 
December 2012, a group of National Contact Points further discussed how to enhance 
the effectiveness of measures to achieve Roma integration in the Member States, and 
reported subsequently to the entire network. 

(16) 

In  its  2013  Communication  on  Progress  in  implementing  national  Roma  integration 
strategies, the Commission highlights the need for further action in order to secure the 
necessary  preconditions  for  a  successful  implementation  of  measures  aimed  at 
stepping up Roma integration as soon as possible. 

14 
15 

16 
17 

COM(2011) 173 final. 
Council  Conclusions  on  an  EU  Framework  for  National  Roma  Integration  Strategies  up  to  2020, 
document 106665/11 of 19 May 2011. 
COM(2012) 226 final. 
SWD(2012) 133 final. 

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(17)  The  Europe  2020  Strategy  has  given  new  impetus  to  the  fight  against  poverty  and 
social exclusion by setting a common European target to reduce the number of people 
at  risk  of  poverty  and  social  exclusion,  to  reduce  the  rate  of  early  school  leaving, 
increase school attainment and employment levels. Roma inclusion is an essential part 
of  the  convergent  EU  and  Member  States'  efforts  in  this  respect.  In  this  context,  the 
current governance of the European Semester promotes implementation of the relevant 
country  specific  recommendations,  and  the  Social  Investment  Package18  provides 
further guidance for the efforts to secure inclusive growth. 

(18) 

In  light  of  the  considerations  above  and  of  the  shortcomings  identified,  while  fully 
respecting the principle of subsidiarity and the Member States’ primary responsibility 
for  Roma  inclusion,  the  effectiveness  of  Roma  integration  measures  needs  to  be 
improved. 

(19)  This  Recommendation  aims  to  build  on  the  recommendations  in  the  Commission 
Communications,  European  Parliament  Resolutions  and  Council  Conclusions  on 
Roma  inclusion,  to  complement  current  EU  legislation  on  anti-discrimination  and  to 
help make its implementation and enforcement more effective. 

(21) 

(20)  This Recommendation does not cover difference of treatment based on nationality and 
is  without  prejudice  to  provisions  and  conditions  related  to  the  legal  status  of  Roma 
under national and Union law or to the legal effects of that status. 
In 2011, the Commission proposed in the draft Common Provisions Regulation19 that 
Member  States  set  out  an  integrated  approach  to  address  the  specific  needs  of 
geographical  areas  most  affected  by  poverty  or  of  target  groups  at  highest  risk  of 
discrimination  or  exclusion,  with  special  regard  to  marginalised  communities.  In 
complementarity  with  the  other  European  Structural  and  Investment  Funds  it  also 
proposed  in  the  draft  European  Social  Fund20  regulation  for  the  2014-2020 
programming  period  an  investment  priority  for  the  integration  of  marginalised 
communities such as the Roma. 

HEREBY RECOMMENDS: 

1. 

1.1. 

PURPOSE 

The  purpose  of  this  Recommendation  is  to  provide  guidance  to  Member  States  in 
enhancing  the  effectiveness  of  their  measures  to  achieve  Roma  integration  and 
strengthen the implementation of their national Roma integration strategies or sets of 
policy measures to improve the situation of Roma. 

2. 

SUBSTANTIVE POLICY ISSUES 

18 

19  

20  

Communication  Towards  Social  Investment  for  Growth  and  Cohesion  —  including  implementing  the 
European Social Fund 2014-2020, COM(2013) 83 final. 
Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  laying  down  common 
provisions  on  the  European  Regional  Development  Fund,  the  European  Social  Fund,  the  Cohesion 
Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries 
Fund  covered  by  the  Common  Strategic  Framework  and  laying  down  general  provisions  on  the 
European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing 
Council Regulation (EC) No 1083/2006 - COM(2011) 615. 
Proposal for a Regulation of the European Parliament and of the Council on the European Social Fund 
and repealing Regulation (EC) No 1081/2006 - COM(2011) 607. 

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Targeted policy measures 

2.1.  With  a  view  to  ensuring  full  equality  in  practice,  the  Member  States  should  take 
targeted  measures  to  ensure  equal  treatment  and  respect  of  fundamental  rights, 
including equal access of Roma to education, employment, healthcare, housing and 
public utilities. This should include, in compliance with the case-law of the Court of 
Justice  of  the  European  Union,  specific  measures  to  prevent  or  compensate  for 
disadvantages linked to racial or ethnic origin. 

2.2. 

2.3. 

The  measures  to  be  adopted  should  be  based  on  socio-economic  or  geographic 
indicators, such as high long-term unemployment, low level of education attainment, 
or disadvantaged and/or segregated areas. 

Access to education 

The  Member  States  should  take  specific  measures  to  ensure  equal  treatment  and 
secure  the  full  access  of  Roma  to  good  quality  and  mainstream  education,  with  a 
view to close the gap between Roma and other pupils and ensure that all Roma pupils 
will  complete  at  least  compulsory  education,  and  notably  primary  education.  This 
goal should be attained by: 

(a) 

(b) 

(c) 

eliminating school segregation, including by putting an end to the inappropriate 
placement of Roma pupils in special needs schools; 
reducing  early  school  leaving21  throughout  education,  including  at  secondary 
level, with a focus on vocational tracks; 

increasing  the  access  to  and  quality  of  early  childhood  education  and  care, 
including targeted support, as necessary; 

(d)  using  inclusive  and  personalised  teaching  and  learning  methods,  including 

learning support for struggling learners and fighting illiteracy; 

(e) 

encouraging greater parental involvement and supporting families with school 
mediators dedicated to Roma; 

(f) 

improving teacher training and school mediation dedicated to Roma; 

(g)  widening access to second-chance education, supporting the transition between 
educational levels, and ensuring that Roma acquire a mix of skills that will help 
them to enter the labour market. 

2.4. 

The Member States should take specific measures to encourage Roma participation 
in secondary and tertiary education.  

2.5. 

21 

Access to employment 

In  addition  to  the  targeted  measures  Member  States  may  take,  they  should  ensure 
equal treatment and close the gap between Roma and other workers so as to improve 
the situation of Roma as regards employment within their mainstream policies. This 
goal should be attained by: 

See  Council  Recommendation  of  28  June  2011  on  policies  to  reduce  early  school  leaving,  OJ  C  191 
1.7.2011.  One  of  the  Europe  2020  headline  targets  agreed  by  the  European  Council  is  to  reduce  the 
share of early school leavers to less than 10% and to ensure that at least 40% of the younger generation 
have a tertiary qualification or equivalent.  

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(a) 

supporting  first  work  experience,  on-the-job  training,  life-long  learning  and 
skills development;  

(b) 

supporting self-employment and entrepreneurship; 

(c)  providing equal access to mainstream public employment services, along with 
specific  and  individualised  services  to  Roma  job  seekers,  and  promoting  the 
employment of qualified Roma civil servants; 

(d) 

(e) 

training  and  employing  qualified  Roma  mediators  for  the  provision  of 
counselling and advice on career opportunities; 

eliminating  barriers,  including  discrimination,  to  (re)entering  the  open  labour 
market. 

Access to healthcare 

2.6. 

The  Member  States  should  take  specific  measures  to  ensure  equal  treatment  and 
close the gap between Roma and other patients so as to improve the access of Roma, 
on a par with the latter, to prevention, primary, emergency and specialised healthcare 
services. This goal should be attained by: 

(a) 

ensuring  the  provision  of  basic  social  security  coverage  and  comprehensive 
health services to Roma; 

(b)  offering  regular  medical  check-ups,  prenatal  and  postnatal  care  and  family 

planning; 

(c) 

applying  free  vaccination  schemes  targeting  in  particular  those  living  in 
marginalised and remote areas; 

(d) 

training qualified Roma health mediators. 

Access to housing 

2.7. 

The  Member  States  should  take  specific  measures  to  ensure  equal  treatment  and 
close the gap between Roma and the general population so as to extend their housing 
policies and measures to Roma. This goal should be attained by: 

(a) 

eliminating spatial segregation and promoting desegregation; 

(b)  promoting non-discriminatory access to social housing, including in relation to 
the  quality  of  social  housing  available  to  Roma,  as  well  as  the  availability  of 
halting sites for travellers/non-sedentary Roma; 

(c) 

training qualified Roma mediators for promoting the use of social housing and 
of public utilities and infrastructures to all Roma. 

2.8. 

The Member States should ensure that applications from local authorities for urban 
regeneration  projects  shall 
integrated  housing 
include,  whenever 
interventions in favour of marginalised communities. The Member States should also 
promote  community-led  local  development  and  integrated  territorial  investments 
supported by the European Structural and Investment Funds22. 

relevant, 

22 

European  Social  Fund  (ESF),  European  Regional  Development  Fund  (ERDF),  Cohesion  Fund  (CF), 
European  Agricultural  Fund  for  Rural  Development  (EAFRD)  and  European  Maritime  and  Fisheries 
Fund (EMFF). 

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Funding 

2.9. 

2.10. 

2.11. 

2.12. 

2.13. 

The  Member  States  should  allocate  sufficient  funding  to  their  national  and  local 
strategies and action plans from any available sources of funding (local, national, EU 
and international) in view of achieving the objectives of Roma inclusion. This should 
be facilitated by allocating an adequate share of of EU cohesion policy resources to 
investment  into  people  through  ESF,  and  allocating  at  least  20%  of  this  amount  in 
each Member State on social inclusion. 

The  Member  States  should  ensure  that  appropriate  measures  are  taken  to  include 
Roma integration as a priority in the Partnership Agreements on the use of European 
Structural and Investment Funds23 for the period 2014–2020, taking into account the 
size and poverty rates of the Roma communities and the gap between Roma and non-
Roma,  as  well  as  the  challenges  identified  by  the  European  Semester  for  most 
concerned Member States. 

The  Member  States  should  improve  their  management,  monitoring  and  evaluation 
capacities with the support of ESIF technical assistance.  

The  Member  States  should  also  support  capacity  building  of  local  authorities  and 
civil  society  organisations  by  using  national  and  EU  funds  so  that  they  can 
effectively implement projects. 

The  allocation  of  public  funding  for  implementing  national  Roma  integration 
strategies or integrated sets of policy measures should follow a targeted approach for 
the specific needs of geographical areas or target groups most affected by poverty or 
social exclusion, such as Roma. 

3. 

HORIZONTAL POLICY MEASURES 

Anti-discrimination 

3.1. 

3.2. 

3.3. 

3.4. 

The  Member  States  should  ensure  the  effective  practical  enforcement  of  Directive 
2000/43/EC  on  the  ground,  notably  by  screening  their  national,  regional  and  local 
administrative  regulations  and  practices  in  order  to  identify  and  repeal  any 
discriminatory or segregating measures. The relevant case law of the European Court 
of  Human  Rights  should  serve  as  an  additional  reference  for  the  identification  of 
illegal provisions or practices. 

The  Member  States  should  implement  desegregation  measures  concerning  Roma 
regionally  and  locally.  Policies  and  measures  to  combat  segregation  should  be 
accompanied by appropriate training and information programmes addressed to local 
civil servants and representatives of civil society and Roma themselves. 

The  Member  States  should  equally  ensure  that,  in  cases  of  forced  evictions,  in 
addition to the EU acquis, international human rights obligations, notably under the 
European Convention on Human Rights, are fully respected. 

The  Member  States  should  implement  measures  to  fight  discrimination  against  the 
Roma in society, in particular by: 

(a) 

raising  awareness  in Roma communities and among the general public of the 
benefits of Roma integration; 

23 

ERDF can support infrastructures in the health, education and housing sectors. 

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(b) 

raising  the  general  public’s  awareness  of  the  multicultural  nature  of  societies 
and including these aspects in school curricula and material where relevant. 

Protection of Roma children and women 

3.5. 

The  Member  States  should  combat  discrimination  faced  by  Roma  children  and 
women,  including  multiple  discrimination,  by  enforcing  legislation  on  underage 
marriages, fighting forced marriages, and forbidding begging involving children. The 
Member  States  should  equally  involve  in  this  exercise  all  relevant  actors,  such  as 
health and labour inspectors, police, education experts and members of the judiciary 
and representatives of civil society. 

Poverty reduction and social inclusion 

3.6. 

The Member States should combat the poverty and social exclusion affecting Roma 
people  through  investment  in  human  capital  and  social  cohesion  policies,  in 
particular by: 

a) 

enabling  the  implementation  of  Roma  inclusion policies  through  targeted  and 
conditional  support  schemes,  including  benefits  and  services  supporting 
(re)entry  to  the  labour  market;  promoting  inclusive  labour  markets  and 
providing adequate income support; 

b)  making  social  benefits  and  services  granted  to  Roma  more  sustainable  and 
adequate  through  better  targeting,  simplification  of  procedures,  fight  against 
fraud and errors, greater take-up of social assistance schemes and by providing 
incentives for converting undeclared work into formal employment. 

The Member States, taking into account the size of their Roma populations, should 
make Roma integration one of the key aspects of their National Reform Programmes 
in the context of the Europe 2020 strategy. 

Empowerment 

The  Member  States  should  empower  and  support  Roma  at  all  stages  of  their  lives, 
and invest in targeted youth guarantee schemes, life-long learning and active ageing 
programmes. 

The Member States should carry out information activities to further raise awareness 
among Roma of their rights (notably in relation to discrimination and the possibilities 
of seeking redress) and duties. 

3.7. 

3.8. 

3.9. 

4. 

STRUCTURAL MEASURES 

Local action 

4.1. 

4.2. 

The  Member  States  should,  while  respecting  the  autonomy  of  local  and  regional 
authorities,  encourage 
including  baselines, 
local  action  plans  or  strategies 
benchmarks  and  measurable  targets  for  Roma  inclusion  as  well  as  appropriate 
funding. 

They  should  involve  regions,  local  authorities  and  local  civil  society  in  reviewing, 
managing, 
their  national  strategies.  Relevant 
stakeholders  should  be  involved  as  regards  partnership  agreements  and  operational 
programmes co-financed by the European Structural and Investment Funds. Central 

implementing  and  monitoring 

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and  local  authorities  should  cooperate  constantly  in  the  implementation  of  the 
strategies. To this end, the Member States should allocate sufficient funding to local 
public authorities to facilitate the implementation of targeted sets of policies at local 
level. 

Monitoring and evaluating policies 

4.3. 

The  Member  States  should  monitor  the  effectiveness  of  their  national  strategies  or 
integrated  sets  of  policy  measures  and  the  outcomes  of  local  action  plans, 
programmes  or  strategies.  To  this  end,  they  should  strengthen  the  collection  of 
qualitative  and  quantitative  data  on  Roma  integration and  on  the  progress  achieved 
through  the  abovementioned  strategies  or  measures.  The  implementation  of  the 
strategies should be evaluated and compared to the baseline in order to assess their 
relevance effectiveness, sustainability, and coordination. 

4.4.  With the support of the European Union Agency for Fundamental Rights and in line 
with  applicable  national  and  EU  law,  the  Member  States  should  define  core 
indicators  and  data  collection  methods  to  measure  progress  on  a  regular  basis, 
particularly  at  local  level,  enabling  efficient  reporting  and  comparison  between  the 
situation of Roma and non-Roma in and across Member States. They should also set 
baselines and measurable targets for their strategies and action plans. 

Bodies for the promotion of equal treatment 

4.5. 

The Member States should support the work and institutional capacity of bodies for 
the  promotion  of  equal  treatment  by  granting  them  adequate  resources  so  they  can 
effectively  provide  legal  and  judicial  assistance  and  support  to  Roma  victims  of 
discrimination. 

4.6. 

They  should  ensure  regular  dialogue  between  their  National  Roma  Contact  Points 
and national bodies for the promotion of equal treatment. 

National Contact Points for Roma integration 

4.7. 

The  Member  States  should  provide  National  Contact  Points  for  Roma  integration 
with  adequate  mandate,  financial  and  human  resources  so  that  they  can  effectively 
coordinate  the  cross-sectoral  implementation  and  monitoring  of  Roma  integration 
policies at national and local level. They should ensure that National Contact Points 
for  Roma integration  are  consulted during the decision-making  processes  regarding 
the definition, funding and implementation of relevant policies. The National Contact 
Points  for  Roma  integration  should  facilitate  the  participation  and  involvement  of 
Roma civil society in the implementation of national Roma integration strategies and 
local action plans.  

Transnational cooperation 

4.8. 

The Member States should develop and participate, in addition to the measures taken 
within the EU framework for National Roma Integration Strategies, in transnational 
forms of cooperation at national, regional or local level, through policy initiatives, in 
particular projects and bilateral or multilateral agreements, in order to: 

a) 

provide  solutions  to  problems  related  to  the  cross-border  mobility  of  Roma 
within the European Union; 

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5. 

5.1. 

5.2. 

5.3. 

b) 

support mutual learning and the multiplication of good practices, for example 
by  cooperation  between  authorities  managing  structural  funds  with  a  view  to 
designing effective Roma inclusion interventions. 

REPORTING AND FOLLOW-UP 

The Member States should take the necessary measures to ensure the application of 
this  Recommendation  at  the  latest  by  [ADD  date  24  months  from  the  publication] 
and  should  notify  the  Commission  of  any  measures  taken  in  accordance  with  this 
Recommendation by that date. 

The Member States should thereafter communicate any new adopted measures to the 
Commission on an annual basis, at the end of each year. 

The information provided by the Member States will feed into the preparation of the 
annual  Commission  reports  and  submitted  to  the  European  Parliament  and  the 
Council on the implementation of national Roma integration strategies as well as into 
the  European  Semester  of  the  Europe  2020  Strategy  with  the  formulation  of  the 
Country Specific Recommendations. 

5.4. 

On  this  basis,  the  Commission  will  monitor  the  situation  closely  and  will  assess  in 
three years after its adoption the need to revise and update this Recommendation. 

Done at Brussels,  

For the Council 
The President 

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