Proposal for a COUNCIL DIRECTIVE on standards for equality bodies in the field of equal treatment between persons irrespective of their racial or ethnic origin, equal treatment in the field of employment and occupation between persons irrespective of their religion or belief, disability, age or sexual orientation, equal treatment between women and men in matters of social security and in the access to and supply of goods and services, and deleting Article 13 of Directive 2000/43/EC and Article 12 of Directive 2004/113/EC
Date: 2022-12-07
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: anti-discriminatory measure, application of EU law, equal treatment, fundamental rights, gender equality, goods and services, job access, public institution, social security

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   EUROPEAN COMMISSION  Brussels, 7.12.2022  COM(2022) 689 final 2022/0401 (APP)  Proposal for a COUNCIL DIRECTIVE on standards for equality bodies in the field of equal treatment between persons irrespective of their racial or ethnic origin, equal treatment in the field of employment and occupation between persons irrespective of their religion or belief, disability, age or sexual orientation, equal treatment between women and men in matters of social security and in the access to and supply of goods and services, and deleting Article 13 of Directive 2000/43/EC and Article 12 of Directive 2004/113/EC   {SWD(2022) 386 final} - {SWD(2022) 387 final}  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Equality  bodies  play  a  fundamental  role  in  the  non-discrimination  architecture  of  the  EU. 
They  are  public  organisations  that  assist  victims  of  discrimination,  monitor  and  report  on 
discrimination issues, and contribute to raising awareness of people’s rights and the value of 
equality.  Equality  bodies  are  so  far  required  by  EU  law  to  combat  discrimination  on  the 
grounds of racial and ethnic origin and sex in specific fields. National law often provides for a 
broader remit. 

The aim of this proposal is to establish binding standards for equality bodies in the field of:  

(a) equal treatment between persons irrespective of their racial or ethnic origin,  

(b) equal treatment in matters of employment and occupation between persons irrespective of 
their religion or belief, disability, age or sexual orientation, and,  

(c) equal treatment between women and men in matters of social security and in the access to 
and supply of goods and services. 

A separate proposal has been adopted by the Commission1 to establish binding standards for 
equality  bodies  in  the  field  of  equal  treatment  and  equal  opportunities  between  women  and 
men  in  matters  of  employment  and  occupation,  including  self-employment  (‘parallel 
proposal’). Together with the parallel proposal, this proposal aims at creating a strengthened 
framework for equality bodies in the European Union to  promote equal  treatment and equal 
opportunities  and  combat  discrimination  on  all  grounds  and  in  the  fields  set  out  by  the 
Equality Directives referred to below. 
Equality bodies were first established by the Racial Equality Directive (2000/43/EC)2. They 
were tasked with promoting equal treatment through the following missions:  

-  Providing  independent  assistance  to  victims  of  discrimination  in  pursuing  their 

complaints about discrimination,  

- 

conducting independent surveys concerning discrimination,  

-  publishing  independent  reports  and  making  recommendations  on  issues  relating  to 

discrimination.  

Three subsequent equality Directives entrusted equality bodies with the same mission in their 
respective  fields:  the  Gender  Equality  Directive  in  the  field  of  goods  and  services 
(2004/113/EC)3, the Gender Equality Directive in the field of employment (2006/54/EC)4 and 

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4 

COM(2022)688. 
Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between 
persons irrespective of racial or ethnic origin (OJ L 180, 19.7.2000, p. 22). 
Council  Directive  2004/113/EC  of  13  December  2004  implementing  the  principle  of  equal  treatment 
between men and women in the access to and supply of goods and services (OJ L 373, 21.12.2004, p. 
37). 
Directive  2006/54/EC  of  the  European  Parliament  and  of  the  Council  of  5  July  2006  on  the 
implementation  of  the  principle  of  equal  opportunities  and  equal  treatment  of  men  and  women  in 
matters of employment and occupation (OJ L 204, 26.07.2006, p. 23). 

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the Gender Equality Directive in the field of self-employment (2010/41/EU)5. The latter two 
added the further task of exchanging information with corresponding European bodies. 
Two  other  equality  Directives,  the  Employment  Equality  Directive  (2000/78/EC)6  and  the 
Gender  Equality  Directive  in  the  field  of  social  security  (79/7/EEC)7,  do  not  include 
provisions  on  equality  bodies.  In  practice,  however,  many  Member  States  chose  to  entrust 
equality  bodies  with  all  the  grounds  and  fields  of  discrimination  covered  by  these  two 
Directives  and  sometimes  more8,  through  national  law.  A  vast  majority  of  Member  States 
have  now  set  up  ‘multi-grounds’  equality  bodies  that  deal  with  several  grounds  of 
discrimination and fields, often going beyond those protected by EU law. However, this is not 
the  case  in  all  Member  States,  and  in  a  few  cases9,  equality  bodies  do  not  yet  cover  the 
grounds and fields of Directives 2000/78/EC and 79/7/EEC. 

The  existing  EU  equality  Directives  do  not  include  provisions  on  the  actual  structure  and 
functioning of equality bodies, but only require that they have certain minimum competences, 
and that they act independently within the exercise of their remit. Due to the wide margin of 
discretion  left  to  the  Member  States  in  implementing  these  provisions,  there  are  significant 
differences  between  equality  bodies  across  Member  States,  in  particular  as  regards  their 
mandate,  powers,  leadership,  independence,  resources,  accessibility  and  effectiveness.  This 
affects the fulfilment of their objectives under EU law. While their differences are partly due 
to the variety of legal traditions and legal systems in Member States, the situation also reflects 
different levels of ambition and achievement in Member States in pursuing the objectives of 
the Directives.  

To  ensure  that  equality  bodies  can  achieve  their  full  potential,  contribute  effectively  to  the 
enforcement  of  all  equality  Directives  and  help  victims  of  discrimination  access  justice,  the 
Commission  adopted  a  Recommendation  on  standards  for  equality  bodies  in  201810.  In 
particular it aimed to address challenges resulting from the broad and incomplete provisions 
on equality bodies in the EU Directives.  

In 2021 the Commission published a report on the application of the Racial Equality Directive 
and  the  Employment  Equality  Directive.  The  report  looked  into  the  implementation  of  the 
Commission’s  2018  Recommendation  and  was  accompanied  by  a  more  detailed  Staff 
Working  Document  on  equality  bodies11.  The  report  highlighted  that  equality  bodies  have 
emerged  as  necessary  and  valuable  institutions  for  change  at  the  level  of  individuals, 
institutions and society at large.  

However, most of the issues the Recommendation aimed at addressing remained unresolved, 
hindering  some  equality  bodies  in  carrying  out  their  role  in  an  effective  way.  Protection 

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Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application 
of the principle of equal treatment between men and women engaged in an activity in a self-employed 
capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, p. 1). 
Council  Directive  2000/78/EC  of  27  November  2000  establishing  a  general  framework  for  equal 
treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16). 
Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle 
of equal treatment for men and women in matters of social security (OJ L 6, 10.1.1979, p. 24). 
Some  Member  States’  laws  offer  a  wider  protection  in  terms  of  grounds  and  fields,  i.e.  nationality, 
economic status, gender expression, or even a non-exhaustive list of grounds. 
See 
commission_staff_working_document_-
_equality_bodies_and_the_implementation_of_the_commission_recommendation_on_standards_for_e
quality_bodies_en.pdf (europa.eu). 
Commission Recommendation (EU) 2018/951 of 22 June 2018 on standards for equality bodies (OJ L 
167, 4.7.2018, p. 28). 
SWD(2021)63 of 19 March 2021. 

SWD(2021) 

2.1.1 

Part 

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against  discrimination,  enforcement  of  the  Directives  and  promotion  of  equality  and 
awareness-raising among the general public and national institutions remained unequal across 
the EU. This showed that the Recommendation was not sufficient. The Commission therefore 
committed  to  assessing  whether  to  propose  possible  legislation  to  strengthen  the  role  of 
national equality bodies by 2022.   

The retrospective analysis set out in the analytical document that accompanies this proposal 
confirmed  this  assessment12.  It  concluded  that  the  ambition  of  ensuring  the  implementation 
and  enforcement  of  EU  law  on  combating  unequal  treatment  and  discrimination  and 
increasing their prevention has not been fully achieved. Levels of discrimination remain high, 
and  victims’  awareness  of  their  rights  remains  low.  Underreporting  is  still  a  considerable 
problem;  public  awareness  about  and  knowledge  of  discrimination  remain  limited.  Many 
equality bodies are not properly equipped, in terms of powers and resources, to assist victims 
effectively.  

The European Parliament and the Council have expressed their support to adopting new rules 
to strengthen equality bodies. In 2021, the European Parliament called13 on the Commission 
to  propose  legislation  on  standards  for  equality  bodies,  providing  them  with  a  stronger 
mandate and adequate resources to safeguard the equal treatment of persons with disabilities, 
and  ensure  accessible  information  dissemination  for  all.  In  2022,  the  Council14  invited 
Member States to support robust equality bodies and adopt a legislative framework enabling 
them to carry out their role independently, and provide them with the adequate resources to 
carry  out  their  tasks  effectively.  Moreover,  the  European  Economic  and  Social  Committee 
underlined  the  need  for  greater  support  for  national  equality  and  human  rights  bodies, 
especially as regards improving their independence and increasing their staffing and financial 
resources; and expressed support for a Commission's initiative on the effectiveness of national 
equality bodies and developing their potential, their multiple roles and their capacities15. 

Therefore,  as  announced  in  its  work  programme  for  202216,  the  Commission  is  proposing 
binding rules to strengthen the role and independence of equality bodies. This is part of the 
Commission’s work towards a Union of equality for all, as set out in the political guidelines 
of the Commission for 2019-2024. 

The goal of this Directive is to set out standards on equality bodies, addressing their mandate, 
tasks,  independence,  structure,  powers,  accessibility  and  resources,  to  ensure  that  they  can, 
alongside other actors: 

(a) 

effectively contribute to the enforcement of Directives 79/7/EEC, 2000/43/EC, 
2000/78/EC and 2004/113/EC; 

(b) 

effectively assist victims of discrimination to access justice; 

(c) 

promote equal treatment and prevent discrimination.  

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14 
15 

16 

SWD(2022)386. 
European  Parliament  resolution  of  10  March  2021  on  the  implementation  of  Council  Directive 
2000/78/EC  establishing  a  general  framework  for  equal  treatment  in  employment  and  occupation  in 
light of the UNCRPD (2020/2086(INI). 
COUNCIL CONCLUSIONS on combating racism and antisemitism - 6406/1/22 REV 1. 
European  Economic  and  Social  Committee  own-initiative  opinion  on  Improving  equality  in  the  EU, 
SOC/724-EESC-2022, adopted on 26/10/2022. 
https://ec.europa.eu/info/strategy-documents/commission-work-programme/commission-work-
programme-2022_en.  

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This proposal builds on the substance of the existing provisions on equality bodies contained 
in  Directives  2000/43/EC  and  2004/113/EC  to  replace  them  with  a  strengthened  and  more 
detailed  set  of  rules.  The  new  rules  incorporate  all  the  minimum  obligations  that  were 
provided for by the two Directives. 

This proposal strengthens protection in the field of equal treatment and non-discrimination by 
extending  the  mandate  of  equality  bodies  to  cover  the  grounds  and  fields  of  Directives 
79/7/EEC and 2000/78/EC. 

• 

Consistency with existing policy provisions in the policy area 

This  proposal  is  part  of  several  strategies  and  action  plans  adopted  to  achieve  a  Union  of 
Equality:  the  gender  equality  strategy17,  the  anti-racism  action  plan18,  the  Roma  strategic 
framework for equality, inclusion and participation19, the LGBTIQ equality strategy20, and the 
strategy for the rights of persons with disabilities21. It was also referred to in the strategy on 
combating antisemitism and fostering Jewish life22.  

Notably, the EU Roma  strategic framework for  equality,  inclusion and  participation  and the 
Council recommendation of 12 March 2021 on Roma equality, inclusion and participation23 
provide  for  the  involvement  of  equality  bodies  in  structures  set  up  to  oversee  the 
implementation, monitoring and review of national Roma strategic frameworks. 

Equality bodies designated pursuant to Directive 2006/54/EC are also competent for matters 
falling  under  Directive  (EU)  2019/115824  on  work-life  balance  for  parents  and  carers.  By 
replacing  the  relevant  provisions  of  Directive  2006/54/EC,  the  parallel  proposal  will  also 
apply to equality bodies when tackling discrimination covered by Directive (EU) 2019/1158.  

The proposed Equal Treatment Directive25 also includes an article on equality bodies. Before 
adoption, the legislator should consider a cross reference to this proposal26 in that article. 

The EU and all Member States are Parties to the United Nations Convention on the Rights of 
Persons with Disabilities which includes the obligation to prohibit discrimination on the basis 
of disability and to guarantee to persons with disabilities equal and effective legal protection 
against discrimination on all grounds. 

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https://ec.europa.eu/info/policies/justice-and-fundamental-rights/gender-

https://ec.europa.eu/info/policies/justice-and-fundamental-rights/combatting-

https://ec.europa.eu/info/policies/justice-and-fundamental-rights/combatting-

COM(2020)152 
equality/gender-equality-strategy_en. 
COM(2020)565 
discrimination/racism-and-xenophobia/eu-anti-racism-action-plan-2020-2025_en.  
https://ec.europa.eu/info/publications/new-eu-roma-strategic-framework-equality-inclusion-and-
participation-full-package_en. 
COM(2020)698 
discrimination/lesbian-gay-bi-trans-and-intersex-equality/lgbtiq-equality-strategy-2020-2025_en. 
COM(2021)101 https://ec.europa.eu/social/main.jsp?catId=1484.  
COM(2021) 615 https://ec.europa.eu/commission/presscorner/detail/en/ip_21_4990. 
Council  Recommendation  of  12  March  2021  on  Roma  equality,  inclusion  and  participation  2021/C 
93/01 (OJ C 93, 19.3.2021, p. 1). 
Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life 
balance  for  parents  and  carers  and  repealing  Council  Directive  2010/18/EU  (OJ  L  188,  12.7.2019,  p. 
79). 
Proposal  for  a  Council  Directive  on  implementing  the  principle  of  equal  treatment  between  persons 
irrespective of religion or belief, disability, age or sexual orientation, COM(2008)426 of 2 July 2008. 
Or, if adopted by that time, this Directive. 

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• 

Consistency with other Union policies 

Other EU instruments provide for a specific role for equality bodies. 

The  Free  Movement  Directive27  tackles  discrimination  on  the  grounds  of  nationality  and 
unjustified  restrictions or obstacles to  the right  to  the free movement  of  Union workers and 
members of their family. It provides for ‘bodies for the promotion, analysis, monitoring and 
support  of  equal  treatment  of  Union  workers  and  members  of  their  family  without 
discrimination on grounds of nationality, unjustified restrictions or obstacles to their right to 
free movement’ and specifies that ‘those bodies may form part of existing bodies at national 
level which have similar objectives’. Most Member States have chosen to put an equality body 
in  charge of these cases  of discrimination. While the  grounds  and fields  in question are not 
covered  by  this  proposal,  horizontal  measures  to  improve  the  functioning,  accessibility  and 
independence  of  equality  bodies  may  also  have  a  positive  effect  on  the  exercise  of  their 
competence under the Free Movement Directive. 

The  Common  Provisions  Regulation  for  shared  management  funds28  requires  the  Member 
States to involve equality bodies throughout the preparation, implementation, and evaluation 
of such programmes, including through participation in monitoring committees. 
The strategy to strengthen the application of the Charter of Fundamental Rights in the EU29 
(the  ‘Charter’)  includes  the  involvement  of  equality  bodies  in  training  on  the  Charter  and 
cooperation and coordination with other relevant actors on Charter-related activities. 

The proposal for a Directive on combating violence against women and domestic violence30 
also  provides  for  a  potential  role  for  equality  bodies  set  up  pursuant  to  Directives 
2004/113/EC, 2006/54/EC and 2010/41/EU. It leaves Member States the flexibility to involve 
an equality body or another body to perform the tasks laid down in the proposed Directive, in 
terms  of  independent  assistance  and  advice  to  victims  of  violence  against  women  and 
domestic violence; publishing independent reports and making recommendations in the field; 
and exchanging information with corresponding European bodies. 

By  strengthening  the  assistance  to  individuals  and  groups  that  are  discriminated  against  to 
access  justice  across  the  European  Union,  this  proposal  is  complementary  to  EU  legislation 
already adopted in the field of victims’ rights31 and access to justice (on legal aid32, alternative 

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See Article 4 of Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 
on  measures  facilitating  the  exercise  of  rights  conferred  on  workers  in  the  context  of  freedom  of 
movement  for  workers  (OJ  L  128,  30.4.2014,  p.  8).  This  Directive  does  not  cover  the  grounds  of 
discrimination  laid  down  by  Article  19  TFEU.  It  is  based  on  Article  46  TFEU,  free  movement  of 
workers. 
Regulation  (EU)  2021/1060  of  the  European  Parliament  and  of  the  Council  of  24  June  2021  laying 
down  common  provisions  on  the  European  Regional  Development  Fund,  the  European  Social  Fund 
Plus,  the  Cohesion  Fund,  the  Just  Transition  Fund  and  the  European  Maritime,  Fisheries  and 
Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the 
Internal  Security  Fund  and  the  Instrument  for  Financial  Support  for  Border  Management  and  Visa 
Policy (OJ L 231, 30.6.2021, p. 159). 
Communication  from  the  Commission:  Strategy  to  strengthen  the  application  of  the  Charter  of 
Fundamental Rights in the EU, COM(2020)711.  
Proposal for a Directive of the European Parliament and of the Council on combating violence against 
women and domestic violence, COM(2022)105 of 8.03.2022. 
Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing 
minimum  standards  on  the  rights,  support  and  protection  of  victims  of  crime,  and  replacing  Council 
Framework Decision 2001/220/JHA - OJ L 315, 14.11.2012, p. 57–73. 

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dispute  resolution  mechanisms33  and  collective  redress34)  and  to  combat  strategic  lawsuits 
against public participation35.  

Equality bodies alongside ombudspersons and national human rights institutions (NHRIs) are 
also  essential  components  of  the  system  of  checks  and  balances  in  a  healthy  democracy. 
Attempts  to  restrict  their  operating  space  can  present  a  threat  to  the  rule  of  law.  The  2022 
Rule of Law Report highlights  that these bodies need structural  guarantees of independence 
and sufficient resources to work effectively, and several of these bodies in the Member States 
continue to face challenges36. 

By strengthening their effectiveness, independence and resources, this proposal will also help 
improve the contribution  of equality bodies in  all  those fields  where they play an important 
role. 

This proposal is also in line with the European Pillar of Social Rights37, notably its second and 
third principles on Gender Equality and on Equal Opportunities. 

Given that the Union  advances  equality in its external  policy, with  this proposal  it leads by 
example  in  promoting  equality  bodies  and  strengthening  their  independence.  At  the  same 
time, the strengthening  of equality bodies  will also  benefit  non-EU citizens  who experience 
discrimination in the EU on the grounds and in the fields covered by the Equality Directives.  

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  aim  of  the  two  parallel  proposals  of  this  initiative  is  to  strengthen  the  role  and 
independence of equality bodies under all the Directives already adopted in the field of equal 
treatment:  Directives  79/7/EEC,  2000/43/EC,  2000/78/EC,  2004/113/EC,  2006/54/EC  and 
2010/41/EU.  As  these  Directives  were  adopted  under  two  different  legal  bases,  with  two 
different  adoption  procedures,  this  initiative  consists  of  two  essentially  identical  proposals, 
with two different legal bases. 

This  proposal  is  based  on  Article  19(1)  of  the  Treaty  on  the  Functioning  of  the  European 
Union (TFEU), which provides a legal basis for secondary legislation, such as Directives, to 
take action to combat discrimination based on sex, racial or ethnic origin, religion or belief, 
disability,  age  or  sexual  orientation.  More  precisely,  Article  19(1)  TFEU  stipulates  that, 
‘(W)ithout 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 

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Council Directive 2003/8/EC of 27 January 2003 to improve access to justice in cross-border disputes 
by establishing minimum common rules relating to legal aid for such disputes - OJ L 26, 31.1.2003, p. 
41–47. 
Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects 
of mediation in civil and commercial matters - OJ L 136, 24.5.2008, p. 3–8.  
Commission Recommendation of 11 June 2013 on common principles for injunctive and compensatory 
collective  redress  mechanisms  in  the  Member  States  concerning  violations  of  rights  granted  under 
Union Law - OJ L 201, 26.7.2013, p. 60–65 and Directive (EU) 2020/1828 of the European Parliament 
and of the Council of 25 November 2020 on representative actions for the protection of the collective 
interests of consumers and repealing Directive 2009/22/EC - OJ L 409, 4.12.2020, p. 1–27. 
COMMISSION RECOMMENDATION (EU) 2022/758 of 27 April 2022 on protecting journalists and 
human rights defenders who engage in public participation from manifestly unfounded or abusive court 
proceedings (‘Strategic lawsuits against public participation’). 
2022 Rule of law report | European Commission (europa.eu) 
social-summit-european-pillar-social-rights-booklet_en.pdf (europa.eu) 

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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’. 

Directives  2000/43/EC,  2000/78/EC  and  2004/113/EC  were  adopted  by  unanimity  on  the 
basis  of  Article  13  of  the  Treaty  establishing  the  European  Community  which  has  become 
Article 19(1) TFEU.  

Directive  79/7/EEC  was  adopted  by  unanimity  under  Article  235  of  the  Treaty  establishing 
the European Economic Community, which was referred to as the “flexibility clause”38, as the 
Treaty did not provide any specific legal base for this legislative action. Article 19 TFEU now 
provides such a legal base. 

The  parallel  proposal  is  based  on  Article  157(3)  TFEU,  which  provides  for  ‘the  European 
Parliament and the Council, acting in accordance with the ordinary legislative procedure, and 
after  consulting  the  Economic  and  Social  Committee’  to  adopt  ‘measures  to  ensure  the 
application of the principle of equal opportunities and equal treatment of men and women in 
matters of employment and occupation, including the principle of equal pay for equal work or 
work of equal value’ and which is the legal basis for Directives 2006/54/EC and 2010/41/EU.  

• 

Subsidiarity (for non-exclusive competence)  

Equality  and  non-discrimination  are  fundamental  EU  values,  enshrined  in  Article  2  of  the 
Treaty  on  European  Union  (TEU)  and  protected  by  Article  21  and  23  of  the  Charter.  They 
should be sufficiently protected everywhere across the EU.  

The present initiative does not introduce legislation in a new area. It revises already existing 
legislation  to  increase  its  effectiveness.  There  is  already  common  agreement  that  EU-level 
action is necessary in this area and that it is in line with the principle of subsidiarity. 

As  explained  above,  the  existing  legislative  measures  are  not  sufficient  to  address  the 
challenges faced by equality bodies, in ensuring the implementation and enforcement of EU 
law combating unequal  treatment  and discrimination and increasing prevention. This  results 
in an insufficient and unequal level of protection against discrimination across the EU. 

The  analysis  of  the  situation  before  the  adoption  of  provisions  on  equality  bodies  clearly 
demonstrated  the  added  value  of  the  EU  intervention39.  Prior  to  the  establishment  of  EU 
provisions on equality  bodies in  the EU Equality Directives, equality bodies existed  only  in 
few Member States. 

At  the  same  time,  the  2021  Staff  Working  Document  on  equality  bodies  and  the  analytical 
document  accompanying  this  proposal  clearly  show  that  the  2018  Recommendation  on 
standards  for  equality  bodies  had  a  limited  impact.  Less  than  half  of  the  Member  States 

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Article 235 allowed the Council to adopt (by unanimity) Directives when a Community action appeared 
to  be  necessary  to  achieve  one  of  the  goals  of  the  Community  and  the  Treaty  did  not  confer  the 
necessary specific powers. 
The  EU  intervention,  or  EU  Framework,  referred  to  in  this  proposal,  encompasses  the  provisions 
concerning equality bodies in the Equality Directives and the 2018 Recommendation on standards for 
equality bodies. 

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reported  taking  measures  as  a  follow-up  to  the  Recommendation  and  only  four  Member 
States40 reported that they were working on legislative reforms. 

This shows that only a binding EU initiative will ensure that sufficient progress is achieved in 
all  Member  States  and  will  address  the  significant  differences  in  the  level  of  protection 
against discrimination across the EU. 

This proposal sets out minimum standards taking into account the diversity of legal traditions 
in  the  Member  States  and  fully  respecting  their  institutional  autonomy.  It  allows  Member 
States to set higher standards. 

The strengthening of equality bodies will also help strengthen economic and social cohesion 
by ensuring that people in all Member States enjoy a  common minimum level of protection 
against  discrimination,  with  comparable  rights  to  redress,  while  taking  into  account  of  the 
diversity of Member States systems. 

Common minimum standards in this field are also important for the functioning of the single 
market.  In  the  context  of  the  free  movement  of  people,  it  is  essential  to  guarantee  the 
fundamental right of non-discrimination in a uniform way across the EU and to ensure access 
to protection from discrimination and to redress mechanisms in all Member States.  

• 

Proportionality 

Article 5(4) TEU provides that ‘[u]nder the principle of proportionality, the content and form 
of Union action shall not exceed what is necessary to achieve the objectives of the Treaties’. 

The  current  provisions  on  equality  bodies  and  the  2018  Recommendation  have  not  fully 
achieved  the  objective  of  implementing  and  enforcing  EU  law  on  combating  unequal 
treatment and discrimination and increasing prevention. This is due to the wide latitude left to 
the Member States on how to  apply the provisions on equality bodies  in the Directives, the 
lack of such provisions in Directives 79/7/EEC and 2000/78/EC, and the non-binding nature 
of the Recommendation.  

Soft measures have not been effective enough to safeguard people’s fundamental right to non-
discrimination.  The  proposed  initiative  sets  minimum  standards  to  be  implemented  by 
Member States. Those minimum standards are expected to significantly improve the level of 
protection  against  discrimination,  which  will  have  a  considerable  positive  impact  on  the 
situation of (potential) victims of discrimination. 

In setting minimum standards, the proposal fully respects Member States’ competencies and 
procedural autonomy41 and leaves them discretion to decide how to implement the proposed 
measures and set more favourable standards for the functioning of equality bodies.  

• 

Choice of the instrument 

A legal instrument in the form of a Directive makes it possible to strengthen equality bodies 
and  guarantee  common  minimum  standards,  while  leaving  Member  States  discretion  as  to 
how to implement the new requirements in light of their national context. This approach is in 

40 
41 

PT, ES, MT, LT. Spain has meanwhile adopted a new law (Ley 15/2022 of 12 July 2022). 
Many measures must be implemented in accordance with national law and some measures are not being 
proposed in order to respect the procedural autonomy of Member States, such as requiring that equality 
bodies can adopt binding decisions. 

EN 

8 

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line  with  the  original  form  of  the  EU  intervention  in  this  field,  while  at  the  same  time 
addressing current challenges. 

Under the proposal, the existing provisions on equality bodies in Directives 2000/43/EC and 
2004/113/EC will be deleted. A new Directive will be dedicated to  equality bodies and  will 
bring together all relevant provisions for their effective functioning as regards the grounds and 
fields covered by Directives 79/7/EEC, 2000/43/EC, 2000/78/EC and 2004/113/EC. Deleting 
the  current  provisions  also  means  that  the  current  list  of  tasks  of  equality  bodies  can  be 
clarified and supplemented, for example by explicitly adding the provision of prevention and 
promotion activities, which were not clear enough in the existing provisions. 

3. 

• 

COLLECTION  OF  EXPERTISE,  ANALYSIS  AND  STAKEHOLDER 
CONSULTATIONS  

Collection of expertise and analysis  

The Commission awarded a contract for a study to support the preparation of a retrospective 
and  prospective  analytical  document,  with  a  view  to  a  legislative  proposal  on  binding 
standards  for  equality  bodies.  The  analytical  document  accompanies  both  this  proposal  and 
the  parallel  proposal  covering  equal  treatment  and  equal  opportunities  between  women  and 
men  in  matters  of  employment  and  occupation,  including  self-employment.  It  includes  a 
retrospective analysis of existing EU provisions on equality bodies, and a prospective analysis 
of a possible further EU intervention.  

A  fully-fledged  evaluation  and  impact  assessment  were  not  carried  out  for  the  following 
reasons: 

(1) 

Proportionality - the limited scope of the EU intervention 

The proposals  are solely focused on  equality bodies that are  covered by one  Article in four 
Equality  Directives  (and  not  included  in  two  other  Equality  Directives).  The  said  Article  is 
almost identical in the four Directives. The proposals do not amend the other provisions of the 
Directives. The proposals are also based on the existing 2018 Commission Recommendation 
on  standards  for  equality  bodies,  which  was  assessed  in  2021.  Therefore,  a  fully-fledged 
evaluation of the relevant Directives in their entirety was considered neither proportionate nor 
necessary. 

(2) 

 The absence of simplification potential  

The  retrospective  analysis  shows  that  the  existing  provisions  on  equality  bodies  in  the 
Equality  Directives  are  too  narrow  and  vague.  There  is  no  simplification  potential  in  these 
provisions. The feedback on the implementation of the 2018 Recommendation never pointed 
to any need for simplification or any administrative burden. 

(3) 

The difficulty of assessing impacts  

In the area of equality and non-discrimination, economic, social, and environmental impacts 
are difficult to quantify and monetise and data availability is limited. The social impact of the 
activities  of  equality  bodies,  such  as  assisting  victims  of  discrimination  and  preventing  or 
promoting equal  treatment  in  general,  cannot  be  measured in the absence of comprehensive 
equality  data.  This  is  a  challenge  that  this  proposal  will  help  address  by  requiring  equality 
bodies  to  collect  data  on  their  own  activities,  conducting  surveys,  and  giving  them  the 
possibility  to  play  a  coordination  role  in  the  collection  of  equality  data  by  other  public  or 
private entities. 

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Retrospective analysis of existing legislation 

The retrospective analysis addresses the effectiveness, efficiency, coherence, EU added value 
and relevance of the EU provisions on equality bodies in the Equality Directives and the 2018 
Recommendation 42.  

The  effectiveness  of  the  existing  EU  framework  for  equality  bodies  has  been  assessed  as 
limited  as  regards  progress  in  the  fight  against  and  prevention  of  discrimination.  Some 
progress  has  been  made,  especially  in  Member  States  where  equality  bodies  did  not  exist 
before  the  EU  intervention.  However,  the  desired  effects43  were  not  fully  achieved.  The 
analysis has shown that levels of discrimination remained high, while victims’ awareness of 
their rights remained low. Underreporting is still a considerable problem and public awareness 
about  and  knowledge  of  discrimination  remains  limited.  Many  equality  bodies  are  not 
properly equipped, in terms of powers and resources, to assist victims effectively.  

The efficiency of the existing EU framework for equality bodies was  assessed as limited as 
regards the ability of equality bodies to fight and prevent discrimination, and inconclusive as 
regards  costs  and  benefits,  mainly  due  to  the  limited  data  availability.  The  retrospective 
analysis has shown that the current EU framework provided by the Directives is too general 
and narrow in scope and does not address the setup, efficiency or resources of equality bodies. 
This situation has not been mitigated by the more detailed 2018 Recommendation due to its 
non-binding nature. The retrospective analysis has shown that equality bodies’ resources are a 
considerable  problem  in  this  context,  as  they  vary  greatly  between  Member  States  and  are 
insufficient for most equality bodies to be able to fulfil all their tasks effectively.  

The  coherence  of  the  existing  EU  framework  has  been  assessed  as  positive  overall  at  all 
levels. The analysis has shown that coherence with the Treaties and the Charter is high, as the 
EU  framework  aims  to  enhance  equality  and  non-discrimination,  which  are  among  the 
founding  values  of  the  EU.  Equality  is  also  a  fundamental  right  protected  by  the  Charter. 
While international instruments, such as the United Nations ‘Principles Relating to the Status 
of  National  Human  Rights 
‘Paris  Principles’)  and 
Recommendation No 2 of the European Commission against Racism and Intolerance (ECRI) 
from the Council of Europe45 are more detailed due to their different legal nature, the various 
instruments are consistent on substance.  

Institutions’44 

(the  so-called 

The EU added value has been assessed as positive. The analysis has shown that at the time of 
the adoption of Directive 2000/43, only about half of the then EU-15 Member States had an 
equality  body  with  a  limited  mandate,  and  only  one  Member  State  of  the  remaining  EU-12 
had an equality body  before the process  of accession. Stakeholders consulted at  the  time  of 
the  study  confirmed  that  equality  bodies  would  not  have  been  set  up  in  all  Member  States 
without the EU taking action. The fact that levels of discrimination46 remain high throughout 
the Member States shows that action at EU level is still needed. However, it would need to be 
more detailed and concrete than the current legal framework to provide more legal clarity on 
the measures to be implemented by the Member States.  

42 
43 

44 

45 

46 

Hereafter referred to as the EU Framework or EU intervention. 
The expected key impacts were (i) an effective implementation and enforcement of EU equal treatment 
and non-discrimination legislation, (ii) a decrease in levels of discrimination and unequal treatment and 
(iii) increased prevention and higher awareness. 
https://www.un.org/ruleoflaw/blog/document/principles-relating-to-the-status-of-national-institutions-
paris-principles/.  
https://www.coe.int/en/web/european-commission-against-racism-and-intolerance/recommendation-
no.2#:~:text=ECRI%20General%20Policy%20Recommendation%20N%C2%B02%20revised%20on%
20Equality,and%20combating%20discrimination%20and%20intolerance. 
See Chapter 3 of Annex 5 of the analytical document for detailed figures from the 2019 Eurobarometer. 

EN 

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The  relevance  of  the  EU  framework’s  original  objectives  in  the  light  of  the  original  and 
current  needs  has  been  assessed  as  positive.  However,  the  original  legal  framework  for 
equality bodies has been considered as too narrow and vague. This view is broadly shared by 
all stakeholders, especially  equality bodies, civil  society organisations (CSOs), and Member 
States. The analysis has shown that there is overwhelming support for taking further action to 
tackle the issues identified above47 and to make sure that equality bodies have the resources to 
address new challenges in the field of non-discrimination, such as those related to the use of 
automated systems, the frequency and seriousness of which have increased with technological 
development. 

Considering  all  the  above,  a  number  of  lessons  learned  were  identified,  as  indicated  below. 
Due to the vagueness of the current provisions on equality bodies, equality bodies face several 
problems  in  Member  States,  as  explained  below.  Even  though  the  2018  Recommendation 
aimed  at  addressing  these  issues,  it  had  only  limited  impact  due  to  its  non-binding  nature, 
hence the proposed binding legal instrument to tackle them more effectively.  

Resources and independence 

The  analysis  has  shown  that  lack  of  resources  is  a  recurrent  problem  that  significantly 
hampers the functioning of equality bodies. Similarly, lack of independence hampers equality 
bodies carrying out their tasks and objectives effectively.  

Assistance to victims 

The assistance provided to victims and the powers granted to equality bodies to this end vary 
greatly between Member States. To ensure a minimum level of protection of the fundamental 
right  of  non-discrimination,  more  specific  common  rules  in  this  area  would  be  beneficial. 
Litigation  powers  are  powers  of  particular  interest  in  this  regard.  To  be  able  to  assist  all 
victims of discrimination, it is also important to ensure that equality bodies are accessible to 
all victims of discrimination without barriers.  

The Employment Equality Directive and the Gender Equality Directive in the field of social 
security  currently  do  not  contain  provisions  on  equality  bodies.  However,  the  retrospective 
analysis has shown that levels of discrimination on the grounds and fields covered by those 
Directives remain high in Member States.  

Knowledge of discrimination 

The  retrospective  analysis  shows  that  the  regularity  with  which  equality  bodies  conduct 
independent research, carry out surveys and publish reports varies greatly. The same is true of 
the collection of primary and secondary data on equality. Given the fact that awareness about 
and knowledge of discrimination remain insufficient, clearer rules are needed in this area.  

Cooperation  

The extent to which equality bodies cooperate and share information with each other and with 
relevant  national,  European,  and  international  authorities  or  bodies  varies  between  Member 
States. Such exchanges would however be beneficial to share knowledge and create synergies.  

Prospective analysis on possible new EU action 

When it comes to policy options for a possible new EU action, non-legislative options have 
already been tested without fully producing the expected results. Non-legislative interventions 
have included:  

47 

In  particular,  the  overwhelming  majority  of  respondents  to  the  Open  Public  Consultation  (97.2%) 
consider  that  establishing  strong  and  effective  equality  bodies  is  important  –  see  Equality  bodies  – 
binding standards (europa.eu). 

EN 

11 

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(a) 

(b) 

(c) 

(d) 

the setting-up of an  active network of equality bodies financed by the Commission 
(Equinet),  

the non-binding 2018 Commission Recommendation,  

exchanges of best practices, and  

direct  funding  through  the  Citizens,  Equality,  Rights  and  Values  Programme 
(‘CERV’).  

While all these measures produced positive effects and will remain in place in the future, the 
Recommendation, due to its non-binding nature, was only partially implemented. 

That is why the only policy option examined beyond the status quo was the adoption of new 
legislation. An analysis of the type of measures that should be included in the new legislation 
was carried out per policy measure, as further explained below. 

The  objectives  of  the  EU  intervention  can  be  grouped  under  three  main  goals  for  equality 
bodies:  

 

 

 

help enforce the six Equality Directives, 

effectively assist victims of discrimination to access justice, and  

promote equal treatment and prevent discrimination.  

The analysis identified 21 objectives to tackle the problems explained above. To reach these 
objectives, three operational objectives were identified as key, namely ensuring that:  

 

 

 

equality  bodies  are  free  from  external  influence  so  that  they  can  exercise  all  their 
tasks independently, 

equality bodies have the necessary resources to perform all their tasks, and 

if an equality body is part of a multi-mandate body, there is an internal structure (a so 
called ‘firewall’) that guarantees sufficient independence, focus and resources for the 
equality mandate. 

48 measures,  falling under 11 thematic blocs48, that could  be included in  legislation to  help 
achieve the above objectives, were selected for further analysis.  

The analytical document investigated the proposed measures on the basis of the five criteria 
of  effectiveness49,  efficiency50,  coherence51,  EU  added  value52  and  relevance53.  The 
assessment of EU added value, relevance and coherence was done for the proposed legislative 
initiative  as  a  whole,  while  the  assessment  of  effectiveness  and  efficiency  was  done  per 

48 

49 

50 

51 

52 

53 

Mandate, powers, access, cooperation, surveys, data collection, monitoring, enforcement, independence, 
resources and structure. 
The  analysis  of  effectiveness  considers  the  extent  to  which  the  proposed  measure  is  expected  to 
contribute towards progress towards the objectives defined in the intervention logic.  
The analysis of efficiency assesses the relationship between the resources used by a proposed measure 
and the changes it is expected to generate.  
The analysis of coherence focuses on how well the proposed measure is expected to work together with 
other EU, international and national instruments. 
The  analysis  of  EU  added  value  looks  at  changes  to  be  triggered  by  the  proposed  measure  over  and 
above what could reasonably be expected from stakeholders alone or from no action at all. 
The  analysis  of  relevance  looks  at  whether  the  proposed  measure  is  an  appropriate  response  to  the 
needs. 

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  EN 

                                                 
thematic bloc, looking at individual measures. For some measures, a full assessment was not 
possible  due  to  limited  availability  of  data  or  methodological  constraints.  This  is  especially 
true for efficiency.  

The  study  concludes  that  new  directives,  respecting  the  principles  of  subsidiarity  and 
proportionality, would be the appropriate response. 44 measures identified were retained to be 
included in the proposals. 

A  small  number  of  Member  States  already  empower  their  equality  bodies  with  a  fairly 
comprehensive set of resources and powers, while most of the others only partially meet the 
above  objectives.  The  need  for  and  extent  of  adaptation  arising  from  new  EU  rules  would 
therefore vary, for each policy measure, depending on the situation in each Member State as 
regards the features of their equality body (or bodies)54. 

Other expertise and analysis  

The  Commission  also  used  the  information  gathered  during  the  preparation  of  the  Staff 
Working Document on the implementation of the Commission Recommendation on standards 
for equality bodies published on 19 March 202155. It included contributions received as well 
as  pre-existing  information  from  the  Member  States,  the  European  Network  of  Equality 
Bodies (Equinet), the EU Agency for Fundamental Rights (FRA), the European Commission 
against  Racism  and  Intolerance  (ECRI),  equality  bodies,  civil  society  and  the  European 
Network  of  legal  experts  in  gender  equality  and  non-discrimination.  It  also  built  on  good 
practices  that  were  shared  during  the  Good  Practice  Exchange  Seminar  co-organised  by  the 
Commission and the Swedish government in June 2019. 

The Commission drew on additional existing sources from the European Institute for Gender 
Equality  (EIGE)  and  the  European  Network  of  National  Human  Rights  Institutions 
(ENNHRI) to gather evidence that was used to support the analytical document. 

Finally, the Commission  took  into account  the findings of a study on possible gaps in  legal 
protection against discrimination on grounds of racial or ethnic origin, carried out as provided 
for  in  the  anti-racism  action  plan.  The  study  investigated  possible  gaps  in  the  protection 
mechanisms set out in the Racial Equality Directive, including the role of equality bodies.  

The  study  confirmed  that  equality  bodies  are  perceived  as  a  (very)  important  protection 
mechanism in the fight against discrimination. The respondents to the targeted survey carried 
out  as  part  of  the  study  confirmed  this  finding.  It  found  that  equality  bodies  –  given  their 
competences,  especially  if  reinforced  –  could  enhance  the  effectiveness  of  other  protection 
mechanisms.  In  addition  to  the role of  equality  bodies, the protection mechanisms that may 
contribute  to  the  prevention  of  and  protection  against  discrimination  include  provisions  on 
defence  of  rights  and  victimisation,  sanctions,  positive  action,  and  dialogue.  The  study 
identified  some  potential  gaps  in  relation  to  these  existing  mechanisms  (e.g.  sanctions, 
defence 
the  use  of  more 
proactive/preventive  approaches  while  tackling  discrimination  (e.g.  national  action  plans, 
equality duties, equality data collection). It recommended a larger role for equality bodies in 
relation to:  

rights)  and  mechanisms/measures 

that  could  enable 

54 

55 

EN 

More information on the situation in each Member State is in Annex 4 of the analytical document. 

SWD(2021)63 final. 

13 

  EN 

                                                 
(a) 

(b) 

(c) 

(d) 

(e) 

• 

information, awareness raising, guidance and training,  

defence  of  rights  including  investigative  and  litigation  powers,  alternative  dispute 
resolution and sanctions, 

the use of equality data,  

dialogue, cooperation and collaboration, and,  
positive action/equality duties56. 

Stakeholder consultations 

Numerous consultation activities were carried out in preparation of this legislative initiative. 
There is strong support from stakeholders for new EU measures in the field. 

A total of 182 respondents replied to the Open Public Consultation. The contractor conducted 
around  100  interviews  and  received  84  replies  to  specialised  online  surveys.  A  total  of  239 
stakeholders  participated  in  three  workshops  and  a  final  conference  to  brainstorm  on  key 
topics and possible measures. In parallel, the Commission organised four meetings to inform 
and  consult  Member  States  representatives.  Regular  stakeholders’  presentations  were  also 
given.  

These activities were targeted to a very wide range of stakeholders, so as to reach out to all 
interested  parties  and  gather  their  input  and  opinions.  Among  others,  the  following 
stakeholders  were  consulted:  all  equality  bodies,  the  Equinet,  the  FRA  and  the  EIGE, 
representatives of all Member States at ministry level, key academics and experts in the field 
of anti-discrimination, civil society organisations, social partners including representatives of 
employers at the EU level, and EU residents (EU citizens and third country nationals).  

A Youth Policy Dialogue entitled ‘Equality bodies that work for all of us’ was organised by 
Commissioner Dalli on 24 May 2022 with young activists in the field of equality. It was part 
of the 2022 European Year of Youth and aimed to further broaden the consultation activities 
ahead  of  this  proposal.  Participants  confirmed  that  few  young  people  would  refer  to  an 
equality  body  if  their  rights  had  been  infringed.  They  insisted  on  the  need  for  strengthened 
cooperation between equality bodies and youth organisations, also at grassroots level.  

The  proposal  to  adopt  new  EU  rules  to  address  the  above  issues  received  overwhelming 
support in the consultation activities. For instance,  97.2% of respondents to  the open public 
consultation  considered  that  establishing  strong  and  effective  equality  bodies  is  (very) 
important. Stakeholders were in favour of EU rules on:  

 

 

 

 

 

56 

independence  (including  transparent  and  competence-based  selection  of  leadership, 
and budgetary independence), 

sufficient resources (human resources, financial resources and appropriate premises), 

coverage  of  all  grounds  and  fields  of  discrimination  falling  under  the  Equality 
Directives, 

easy complaint submission and accessibility, 

litigation powers and investigative powers for all equality bodies, 

Equality duties are an obligation for public and/or private entities to consider or think about how their 
policies or decisions will affect people protected under equal treatment law.  

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 

 

 

 

 

enforcement  of  equality  bodies  binding  decisions  and  possibility  of  imposing 
sanctions, 

awareness-raising of the existence of equality bodies in the general population and in 
groups at risks of discrimination, 

promotion of equality and prevention of discrimination, 

collection  of  data  by  equality  bodies  on  their  activities  and  access  to  equality  data 
collected by other public and private entities, to produce regular reports, and 

coordination  and  cooperation  with  public  authorities,  stakeholders  (e.g.  CSOs  and 
social partners) and international/EU bodies. 

Stakeholders supported the most ambitious choices in the above areas. According to  a large 
majority of stakeholders, the future legislation should make the Member States responsible for 
putting  in  place  the  conditions  allowing  equality  bodies  to  fully  play  their  role,  as  equality 
bodies cannot effectively deliver on their goals without the appropriate means and powers.  

At  the  same  time,  they  highlighted  that  the  adoption  of  strengthened  binding  minimum 
standards for equality bodies should consider the diversity of legal traditions in the Member 
States  and  respect  their  institutional  autonomy.  The  following  elements  were  stressed  as 
important in this respect: 

 

 

 

 

Binding decision-making powers (quasi-judicial function) should not be imposed on 
all  equality  bodies;  instead,  Member  States  should  be  able  to  decide  whether  to 
entrust  equality  bodies  with  binding  decision-making  powers  and  the  best  way  to 
ensure their effectiveness. 

A centralised peer-review accreditation system of equality bodies should  not  be  set 
up at this stage; instead, regular monitoring by the Commission according to a list of 
indicators should enable assessment of the extent to which the initiative’s objectives 
have been achieved and its requirements fulfilled by Member States. 

In  making  sure  that  the  services  of  equality  bodies  are  available  to  all  potential 
victims,  some  degree  of  flexibility  is  important  as  regards  the  physical  presence  of 
equality bodies throughout the national territory of the Member States (e.g. Member 
States  should be free to  organise this presence  as they  wish, for instance  through  a 
fixed  network  of  offices,  regular  local  visits  (‘flying  offices’)  or  cooperation  with 
local CSOs. 

Member  States  should  ensure  that  equality  bodies  have  the  appropriate  mandate, 
conditions  and  tools  to  fulfil  their  missions,  without  prescribing  how  they  should 
fulfil them in any given case (e.g. they would have the power to act in court, but not 
the obligation to do so). 

All these aspects were considered and reflected in this proposal. 

• 

Fundamental rights 

The  objectives  of  this  proposal  are  in  line  with  and  aim  to  support  the  application  of  the 
Charter, in particular Article 21 which prohibits any discrimination on any grounds, such as 
sex, race, ethnic origin, religion or belief, disability, age or sexual orientation, and Article 23, 
which provides that ‘equality between women and men must be ensured in all areas, including 
employment,  work  and  pay’.  Article  26  recognises  the  right  of  persons  with  disabilities  to 

EN 

15 

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benefit  from  measures  designed  to  ensure  their  independence,  social  and  occupational 
inclusion and participation in public life. 

4. 

BUDGETARY IMPLICATIONS 

The initiative does not create additional costs for the European Commission and its agencies. 
To  support  the  monitoring  of  the  implementation  of  this  Directive,  the  FRA  and  the  EIGE 
would collect and analyse relevant data. This type of task is already covered by the existing 
mandates of the FRA57 and the EIGE58 and can be performed without additional resources.  

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation, and reporting arrangements 

Member  States  must  transpose  this  Directive  within  18  months  of  its  entry  into  force  and 
communicate their transposition measures to the Commission.  

To assess how effectively this initiative achieves its objectives, Member States will report on 
its implementation every 5 years and the Commission will adopt an implementation report on 
the basis of information  provided by the Member States and data collected by the  FRA and 
the  EIGE  according  to  a  list  of  indicators  to  be  developed  by  the  Commission  in  close 
cooperation with these agencies and Equinet. The Commission plans to set up an expert group 
to consult Member States on those indicators. 

• 

Detailed explanation of the specific provisions of the proposal 

Article 1 – Purpose, subject matter and scope 

This provision specifies the purpose, subject matter and scope of the Directive. It clarifies that 
the  minimum  requirements  established  by  the  Directive  apply  to  equality  bodies  within  the 
scope of Directives 79/7/EEC, 2000/43/EC, 2000/78/EC and 2004/113/EC.  

Article 2 – Designation of equality bodies 

This Article provides for the designation of one or more equality bodies by Member States, to 
tackle discrimination under the scope of Directives 79/7/EEC, 2000/43/EC, 2000/78/EC and 
2004/113/EC.  It  mirrors  the  equivalent  provision  contained  in  Directives  2000/43/EC  and 
2004/113/EC. 

Even if all Member States have designated equality bodies by now, it is necessary to keep the 
obligation  to  designate  and  set  up  at  least  one  in  the  new  Directive,  since  the  current 
provisions will be deleted. 

The  provisions  contained  in  Directives  2000/43/EC  and  2004/113/EC  and  specifying  the 
competences or tasks of equality bodies will also be deleted. They have been incorporated in 
this Directive, alongside new competences and tasks as follow: 

 

57 

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EN 

Independence: Article 3, 

Article 4 of Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union 
Agency for Fundamental Rights, OJ L 53, p. 1. 
Article  3  of  Regulation  (EC)  No  1922/2006  of  the  European  Parliament  and  of  the  Council  of  20 
December 2006 on establishing a European Institute for Gender Equality, OJ L 403 p. 9. 

16 

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 

 

 

 

Assistance to victims of discrimination: Articles 6 to 9,  

Opinions and recommendations: Articles 8, 13 and 14, 

Surveys and reports: Articles 14 and 15, and 

Cooperation: Article 12. 

Article 3 – Independence 

Independence is a fundamental feature to ensure the proper functioning of equality bodies and 
the fulfilment of their mission. 

This provision establishes a general obligation of independence for equality bodies, whereas 
the  provisions  of  the  Equality  Directives  only  require  them  to  act  independently  within  the 
exercise of their competences.  

Specific requirements that contribute to and/or guarantee this independence are listed in this 
provision.  They  concern  the  legal  structure,  accountability,  budget,  staffing,  organisational 
matters  of  equality  bodies,  and  rules  applicable  to  their  staff  and  leadership  to  ensure  their 
competence and independence.  

Moreover,  this  provision  requires  Member  States  to  ensure  that  the  internal  structure  of 
equality bodies  guarantees the independent  exercise of their mandate  and competences.  The 
(internal)  structure  of  equality  bodies  conditions  their  ability  to  exercise  their  competences 
and deliver on their tasks effectively. For instance, taking decisions or issuing opinions on a 
case requires equality bodies to act with impartiality, whereas supporting victims may require 
equality bodies to take their side.  

Some equality bodies are part of bigger entities that have several mandates, such as NHRIs or 
ombudspersons.  In  these  cases  there  can  be  a  conflict  between  these  different  mandates,  in 
terms  of  resources  –  especially  when  the  equality  mandate  has  been  added  to  the  other 
mandate(s)  –  and  in  terms  of  exercise  of  powers.  For  example,  Ombudspersons  are  usually 
required  to  act  with  impartiality,  which  is  not  always  compatible  with  assisting  victims, 
including before the courts. 

These tensions can be solved by adopting an appropriate structure for the body, where these 
powers  and/or mandates are exercised by  different  dedicated departments  or staff members, 
i.e. by putting structural ‘firewalls’ in place. 

Article 4 – Resources 

Adequate resources are a pre-condition for the effective functioning of equality bodies and the 
fulfilment of their mission.  

This  provision  establishes  a  general  obligation  for  Member  States  to  equip  equality  bodies 
with sufficient resources to fulfil all their tasks and exercise all their competences effectively. 
It  further  specifies  circumstances  and/or  areas  that  Member  States  are  to  take  into  account 
when  determining  financial  resources:  any  increase  in  competences  or  tasks,  the  need  for 
special  expertise  to  use  automated  systems  to  address  potential  risks  of  discrimination, 
sufficient reserve to face litigation costs that may be difficult to predict, and the structure of 
the equality body as part of a multi-mandate body. 

EN 

17 

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Article 5 – Prevention, promotion and awareness raising 

The fight against discrimination begins with taking the necessary measures to prevent it. The 
protection  mechanisms  put  forward  by  the  existing  equality  Directives  are  essentially 
retrospective (after an incident of discrimination has taken place), individualised and victim-
centred. The Directives do not include comprehensive preventive mechanisms, and prevention 
was not explicitly part of the original equality bodies’ tasks. 

As regards the promotion of equal treatment, equality bodies were first called ‘bodies for the 
promotion  of  equal  treatment’  in  Directive  2000/43/EC,  and  then  ‘bodies  for  the  analysis, 
monitoring and support of equal treatment’ in subsequent equality Directives. Their role in the 
promotion of equal treatment was therefore always apparent, but never explicitly specified in 
the Directives. 

This  provision  now clarifies the role of equality  bodies in  the promotion of equal  treatment 
and  in  the  prevention  of  discrimination  that  is  closely  related.  This  Directive  aims  at 
establishing them as public entities, in charge of fostering knowledge and building capacities 
of public and private entities on matters related to equal treatment, with the goal of preventing 
(re)occurrences of discrimination. 

This provision also aims at ensuring that Member States adopt a strategy to address the low 
level  of  awareness  of  equality  rights  and  of  the  services  provided  by  equality  bodies, 
considering the specific characteristics of different target groups. 

Article 6 – Assistance to victims  

This  provision  specifies  how  equality  bodies  are  to  assist  victims  upon  receiving  their 
complaints, by providing relevant and targeted information on the legal framework, available 
remedies,  the  services  offered  by  the  equality  body,  the  confidentiality  rules  applicable,  the 
protection  of  personal  data  and  the  possibilities  of  obtaining  psychological  support  (even 
though equality bodies themselves are not in charge of providing such support). 

Equality bodies  may  gather  information  voluntarily submitted by the parties involved. They 
must  issue  a  preliminary  assessment  of  all  complaints  and  inform  the  complainant  of  their 
assessment and the follow-up they suggest. Depending on their assessment of the case, they 
can select and suggest to the complainant a follow-up according to Articles 7, 8 and 9. 

Article 7 – Amicable settlement 

This Article requires Member States to provide for the possibility of an amicable resolution of 
disputes, led by the equality body itself or another existing dedicated entity, upon agreement 
of  all  parties  to  engage  in  such  a  process.  It  leaves  to  the  Member  States  to  determine  the 
modalities of the process, according to national law. 

Article 8 - Opinions and decisions 

This provision allows equality bodies to investigate possible cases of discrimination and issue 
a  motivated  opinion  (non-binding)  or  decision  (binding),  following  a  complaint  or  on  their 
own initiative. If they already have sufficient information voluntarily submitted by the parties 
involved, they can issue such opinions/decisions without requesting further information.  All 
parties should benefit from appropriate due process rights, including the right to be heard. 

EN 

18 

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Until  now,  equality  bodies  had  the  competence  to  make  recommendations  on  any  issue 
relating to discrimination. The term ‘recommendation’ has been kept in this Directive to refer 
to policy recommendations under Articles 13, 14 and 15. Some equality bodies also used this 
competence  to  make  ‘recommendations’  in  individual  cases.  To  distinguish  these  two 
situations, this Directive uses the term ‘opinion’ to refer to the competence of equality bodies 
to issue conclusions in individual cases. These opinions are not legally binding. 

Some equality bodies have the power – under national rules - to issue binding decisions, when 
Member  States  so  determine.  While  this  Directive  does  not  aim  to  give  this  power  to  all 
equality bodies in  all Member States, it addresses the situations where  equality bodies have 
such power under national rules and seeks to ensure the enforcement of binding decisions. 

Where discrimination has occurred, issuing opinions and decisions are a means to put an end 
to a situation of discrimination, but also an opportunity to prevent further similar situations. 
Whenever  relevant,  equality  bodies  are  required  to  include  preventive  measures  in  their 
opinions and decisions, in addition to specific measures to remedy the situation. 

To  encourage  and  follow-up  on  the  implementation  of  the  opinions  or  decisions,  Member 
States are required to put in place appropriate mechanisms for follow-up to opinions, such as 
feedback obligations, and for enforcement of decisions. 

Article 9 – Litigation 

This Article grants litigation powers to equality bodies in order to ensure that the principle of 
equal 
in  Directives  79/7/EEC,  2000/43/EC,  2000/78/EC  and 
laid  down 
2004/113/EC is complied with. 

treatment 

Litigation powers allow equality bodies to concretely support victims in accessing justice, but 
also  to  elicit  legal  interpretation  of  rules  and  social  change  via  strategic  litigation.  In  that 
regard,  being  able  to  act  in  their  own  name,  in  the  public  interest,  in  the  absence  of  an 
identified  victim  and  in  support  or  on  behalf  of  several  victims  is  particularly  important. 
Finally, the possibility  for equality bodies to  submit  oral  or written statements to  the  courts 
(e.g.  amicus  curiae)  usefully  complements  these  litigation  powers,  as  it  is  less  resources-
intensive for equality bodies, but still allows them to submit their expert opinion to courts. 

This provision also ensures that equality bodies’ rights to act in court respect the principles of 
fair trial and equality of arms. The equality body will not be allowed to submit in proceedings 
evidence  which  the  alleged  perpetrator  or  any  third  party  was  legally  bound  to  provide  in 
previous investigations on the same case. This will not apply where the equality body acts as a 
party  in  proceedings  on  the  enforcement  or  judicial  review  of  an  own  decision  or  acts  as 
amicus curiae.  

Article 10 – Procedural safeguards 

The  procedures  laid  down  in  Article  6  to  9  must  be  framed  by  appropriate  procedural 
safeguards  for  natural  and  legal  persons  involved,  as  regards  the  rights  of  defence, 
confidentiality  and  judicial  review.  Member  States  are  responsible  for  defining  such 
safeguards in accordance with national rules. 

Article 11 - Access, accessibility and reasonable accommodation 

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19 

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To be able to  provide assistance to  all victims of discrimination,  it is  essential that equality 
bodies  be  accessible  to  all  people  without  barriers,  and  that  they  provide  free  services  to 
complainants  throughout  the  territory  of  the  Member  States,  including  in  rural  and  remote 
areas. This provision also requires the accessibility of all services as well as the provision of 
reasonable accommodation for persons with disabilities. 

Article 12 – Cooperation 

Cooperation with other public and private entities is essential to promote equal treatment and 
non-discrimination,  inform  equality  bodies’  work  and  coordinate  their  action  with  those  of 
other entities. 

Article 13 – Consultation 

This provision aims to ensure that equality bodies are regularly consulted by the government 
and  other  public  institutions  on  public  policies  involving  questions  of  equality  and  non-
discrimination,  thanks  to  the  adoption  of  timely  and  transparent  procedures.  It  also  enables 
equality bodies to make recommendations on such public policies, a competence that equality 
bodies  have  had  since  their  creation  under  EU  law.  This  provision  thereby  helps  strengthen 
their role as public experts in equal treatment matters. 

Article 14 – Data collection and access to equality data 

This provision sets out equality bodies’ (i) obligations to collect data on their own activities, 
(ii) powers to conduct surveys, (iii) powers to access and process statistics collected by other 
public or private entities, and (iv) possibility to  play a coordination role in the collection of 
equality  data  by  other  public  or  private  entities.  Equality  bodies  will  thus  contribute  to  the 
collection  of  equality  data  that  will  feed  their  own  reports,  the  monitoring  report  of  the 
Commission  referred  to  in  Article  16,  and  public  knowledge  on  equal  treatment  and 
discrimination in the Member States. 

In  addition,  this  provision  ensures  that  equality  bodies  can  make  recommendations  on  the 
collection  of  equality  data  in  the  Member  States.  The  collection  of  equality  data  is  key  for 
raising  awareness,  sensitising  people,  quantifying  discrimination,  showing  trends  over  time, 
proving the existence of discrimination, evaluating the implementation of equality legislation, 
demonstrating the need for positive action, and contributing to evidence-based policymaking. 

Article 15 – Reports and strategic planning 

The goal of this provision is to ensure that equality bodies regularly plan and publicly report 
on  their  work  and  on  the  state  of  equal  treatment  and  non-discrimination.  By  making  data 
available on their own activities, on the number of complaints received by grounds and fields, 
and  on  discrimination  in  general  in  the  Member  States,  equality  bodies  will  foster  public 
knowledge about discrimination and about their own work.  

In turn, this knowledge will help them make informed decisions about the future organisation 
of their work, their priorities for the coming years, and how to best allocate their resources.  

Article 16 – Monitoring 

According to this provision, the Commission will set a list of common indicators to monitor 
the  implementation  of  this  Directive  and  draw  up  an  application  report.  In  preparing  the 
indicators the Commission may seek advice from FRA and EIGE. The list of indicators will 

EN 

20 

  EN 

cover the resources, independent functioning, activities, and effectiveness  of equality bodies 
and any changes in their mandate, powers or structure. Member States and stakeholders would 
be consulted at both national and EU level, and the indicators developed by Equinet will be 
taken into account. 

This  Article  also  introduces  an  obligation  for  Member  States  to  communicate  to  the 
Commission  every  5  years  all  relevant  information  concerning  the  implementation  of  the 
Directive on the basis of the indicators mentioned above, allowing the Commission to review 
the implementation of the Directive and to draw up its implementation report. 

Article 17 – Minimum requirements 

This is a standard "non-regression" provision that is relevant to Member States which have, or 
may  wish  to  adopt,  legislation  providing  for  a  higher  level  of  protection  than  the  one 
guaranteed  by  the  Directive.  It  provides  that  there  should  be  no  lowering  of  the  conditions 
already in place for the functioning of equality bodies by Member States when implementing 
this Directive. 

Article 18 – Processing of personal data 

Any personal data collected by equality bodies to fulfil their tasks, for instance when handling 
a  complaint,  should  be  processed  in  accordance  with  the  General  Data  Protection 
Regulation59. This Article specifies that equality bodies may collect personal data only where 
necessary  for  the  fulfilment  of  a  task  under  this  Directive.  Additional  safeguards  should  be 
adopted whenever equality bodies have to process sensitive personal data to carry out one of 
their tasks. 

Article 19 – Deletion of current provisions on equality bodies 

This Article amends Directives 2000/43/EC and 2004/113/EC to delete existing provisions on 
equality bodies and specifies that all references to the deleted provisions are to be construed 
as references to this Directive. 

Article 21 further specifies the date of entry into force of this Article to ensure that there will 
be no gap in the functioning of equality bodies. 

Article 20 – Transposition 

This Article establishes the maximum period that Member States have to bring into force the 
Directive  into  national  law  and  communicate  the  relevant  texts  to  the  Commission.  This 
period is set at 18 months from the entry into force of this Directive. 

Article 21 – Entry into force 

This is a standard provision stipulating that the Directive is to enter into force on the twentieth 
day following its publication in the Official Journal. It also ensures that the current provisions 
on equality bodies will remain in force until the new provisions apply. 

59 

Regulation  (EU)  2016/679  of  the  European  Parliament  and  of  the  Council  of  27  April  2016  on  the 
protection of natural persons with regard to the processing of personal data and on the free movement of 
such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, 
p. 1. 

EN 

21 

  EN 

                                                 
Article 22 – Addressees  

This is a standard provision on addressees, making clear that the Directive is addressed to the 
Member States. 

EN 

22 

  EN 

2022/0401 (APP) 

Proposal for a 

COUNCIL DIRECTIVE 

on standards for equality bodies in the field of equal treatment between persons 
irrespective of their racial or ethnic origin, equal treatment in the field of employment 
and occupation between persons irrespective of their religion or belief, disability, age or 
sexual orientation, equal treatment between women and men in matters of social 
security and in the access to and supply of goods and services, and deleting Article 13 of 
Directive 2000/43/EC and Article 12 of Directive 2004/113/EC  

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Parliament1,  
Having regard to the opinion of the European Economic and Social Committee2,  
Having regard to the opinion of the Committee of the Regions3,  
Having regard to the opinion of the European Data Protection Supervisor4,  

Acting in accordance with a special legislative procedure, 

Whereas: 

(1) 

(2) 

The Treaties and the Charter of Fundamental Rights of the European Union recognise 
the  right  to  equality  and  the  right  to  non-discrimination  as  essential  values  of  the 
Union5,  and  the  Union  has  already  adopted  several  Directives  on  the  prohibition  of 
discrimination.  

Pursuant to Article 19 (1) TFEU, 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,  without 
prejudice  to  the  other  provisions  of  the  Treaties  and  within  the  limits  of  the  powers 
conferred upon the Union.  

(3) 

The  purpose  of  this  Directive  is  to  lay  down  minimum  requirements  for  the 
functioning  of  equality  bodies  to  improve  their  effectiveness  and  guarantee  their 

1 
2 
3 
4 
5 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
Articles  2  and  3  of  the  Treaty  on  European  Union  (‘TEU’),  Articles  8  and  10  of  the  Treaty  on  the 
Functioning of the European Union (‘TFEU’), and Articles 21, 23 and 26 of the Charter 

EN 

23 

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independence in order to strengthen the application of the principle of equal treatment 
as  derived  from  Council  Directives  79/7/EEC6,  2000/43/EC7,  2000/78/EC8  and 
2004/113/EC9.  

Directive  79/7/EEC  prohibits  discrimination  based  on  sex,  in  matters  of  social 
security.  

Directive 2000/43/EC prohibits discrimination based on racial or ethnic origin.  

Directive  2000/78/EC  prohibits  discrimination  on  the  grounds  of  religion  or  belief, 
disability, age or sexual orientation as regards employment, occupation and vocational 
training.   

Directive 2004/113/EC prohibits discrimination based on sex in access to and supply 
of goods and services. 

Directives  2000/43/EC  and  2004/113/EC  require  Member  States  to  designate  one  or 
more bodies for the promotion of equal treatment, including the analysis, monitoring 
and  support  of  equal  treatment  of  all  persons  without  discrimination  on  the  grounds 
covered  by  the  respective  Directives  (hereinafter  ‘equality  bodies’).  They  require 
Member  States  to  ensure  that  the  competences  of  these  bodies  include  providing 
independent  assistance  to  victims,  conducting  independent  surveys  concerning 
discrimination,  publishing  independent  reports  and  making  recommendations  on  any 
issue relating to such discrimination.  
Directives  2006/54/EC10  and  2010/41/EU11  of  the  European  Parliament  and  of  the 
Council also provide for the designation of equality bodies.   

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10)  All  Member  States  have  established  equality  bodies  pursuant 

to  Directives 
2000/43/EC  and  2004/113/EC.  A  diverse  system  of  equality  bodies  has  been  put  in 
place,  and  good  practices  have  emerged.  However,  many  equality  bodies  face 
challenges, in particular concerning the resources, independence and powers necessary 
to perform their tasks12. 

(11)  Directives 2000/43/EC and 2004/113/EC leave a wide margin of discretion to Member 
States  as  regards  the  structure  and  functioning  of  equality  bodies.  This  results  in 
significant differences between the equality bodies established in the Member States, 
in  terms  of  the  bodies'  mandates,  competences,  structures,  resources  and  operational 
functioning.  This,  in  turn,  means  that  protection  against  discrimination  differs  from 
one Member State to another. 

6 

7 

8 

9 

10 

11 

12 

Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle 
of equal treatment for men and women in matters of social security (OJ L 6, 10.1.1979, p. 24). 
Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between 
persons irrespective of racial or ethnic origin (OJ L 180, 19.7.2000, p. 22). 
Council  Directive  2000/78/EC  of  27  November  2000  establishing  a  general  framework  for  equal 
treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16). 
Council  Directive  2004/113/EC  of  13  December  2004  implementing  the  principle  of  equal  treatment 
between men and women in the access to and supply of goods and services (OJ L 373, 21.12.2004, p. 
37). 
Directive  2006/54/EC  of  the  European  Parliament  and  of  the  Council  of  5  July  2006  on  the 
implementation  of  the  principle  of  equal  opportunities  and  equal  treatment  of  men  and  women  in 
matters of employment and occupation (OJ L 204, 26.7.2006, p. 23). 
Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application 
of the principle of equal treatment between men and women engaged in an activity in a self-employed 
capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, p. 1). 
See  the  detailed  analysis  in  SWD(2021)  63  final  “Equality  bodies  and  the  implementation  of  the 
Commission Recommendation on standards for equality bodies”. 

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24 

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(12)  Although  Directives  79/7/EEC  and  2000/78/EC  do  not  require  Member  States  to 
designate  equality  bodies  to  deal  with  the  matters  covered  by  those  Directives,  such  
bodies do have competence for those matters in most Member States, where required 
by  national  law.  However,  that  is  not  the  case  in  all  Member  States,  which  leads  to 
differing levels of protection against discrimination as regards the matters covered by 
those Directives across the Union. 

(13)  To  ensure  that  equality  bodies  can  effectively  contribute  to  the  enforcement  of 
Directives 79/7/EEC, 2000/43/EC, 2000/78/EC and 2004/113/EC by promoting equal 
treatment,  preventing  discrimination  and  offering  assistance  to  all  individuals  and 
groups that are discriminated against to access justice across the Union, it is necessary 
to adopt binding minimum standards for the functioning of those bodies, and to extend 
their  mandate  to  the  matters  covered  by  Directives  79/7/EEC  and  2000/78/EC.  The 
new  standards  should  draw  on  the  lessons  learnt  through  the  application  of 
Commission  Recommendation  2018/95113,  building  on  some  of  its  provisions  and 
laying  down  new  rules  where  necessary.  They  should  also  draw  from  other  relevant 
instruments,  such  as  the  General  Policy  Recommendation  N°214  on  equality  bodies 
adopted by the European Commission against Racism and Intolerance (ECRI) and the 
Paris  Principles15  adopted  by  the  United  Nations  and  applicable  to  national  human 
rights institutions. 

(14)  The same binding minimum standards for the functioning of equality bodies as regards 
the  matters  covered  by  Directives  2006/54/EC  and  2010/41/EU  are  provided  for  in 
Directive (EU) …/… [on standards for equality bodies in the field of equal treatment 
and  equal  opportunities  between  women  and  men  in  matters  of  employment  and 
occupation,  and  deleting  Article  20  of  Directive  2006/54/EC  and  Article  11  of 
Directive 2010/41/EU]16.  

(15)  This Directive should apply to equality bodies’ action as regards the matters covered 
by  Directives  79/7/EEC,  2000/43/EC,  2000/78/EC  and  2004/113/EC.  The  standards 
should  only  concern  the  functioning  of  equality  bodies  and  should  not  extend  the 
material or personal scope of those Directives.  

(16) 

In  promoting  equal  treatment,  preventing  discrimination  and  assisting  victims  of 
discrimination, equality bodies should pay particular attention to discrimination based 
on several of the grounds protected by Directives 79/7/EEC, 2000/43/EC, 2000/78/EC 
and 2004/113/EC. 

(17)  Equality  bodies  can  only  effectively  play  their  role  if  they  are  able  to  act  with 
complete  independence  without  being  subject  to  any  external  influence.  For  that 
purpose, Member States should take into account a number of criteria that contribute 
to the independence of equality bodies. Equality bodies should not be set up as part of 
a ministry or body taking instructions directly from the government. Any staff member 
or person holding a managerial position – for example as member of a board managing 
the equality body, head of the equality body, deputy or in case of interim – should be 
independent,  qualified  for  their  position,  and  selected  through  a  transparent  process. 

13 

14 

15 

16 

Commission Recommendation (EU) 2018/951 of 22 June 2018 on standards for equality bodies (OJ L 
167, 4.7.2018, p. 28). 
ECRI  General  Policy  Recommendation  N°2  revised  on  Equality  Bodies  to  combat  racism  and 
intolerance at national level - adopted on 13 June 1997 and revised on 7 December 2017. 
Principles relating to the Status of National Institutions adopted by General Assembly resolution 48/134 
of 20 December 1993. 
COM(2022)688. 

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25 

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Equality bodies should be able to  manage their own budget  and resources, including 
by selecting and managing their own staff, and be able to set their own priorities. 

(18)  To  ensure  that  equality  bodies  can  exercise  all  their  competences  and  fulfil  all  their 
tasks,  Member  States  should  ensure  that  the  internal  structure  of  equality  bodies 
allows  the  independent  exercise  of  their  various  competences.  Particular  attention 
should be paid to situations where bodies are required both to be impartial and to offer 
support to victims. This is particularly relevant where the equality body holds binding 
decision-making  powers  requiring  impartiality  or  is  part  of  a  multi-mandate  body 
where  another  mandate  requires  impartiality.  An  internal  structure  ensuring  a  strict 
separation  between  the  relevant  competences  and  tasks  should  guarantee  that  the 
equality body can effectively exercise them. 

(19)  The  lack  of  appropriate  resources  is  a  key  issue  hampering  the  ability  of  equality 
bodies  to  adequately  fulfil  their  tasks.  Therefore,  Member  States  should  ensure  that 
equality bodies receive sufficient funding, can hire qualified staff and have appropriate 
premises  and  infrastructure  to  carry  out  each  of  their  tasks  effectively,  within 
reasonable time and within the deadlines established by national law. Their budgetary 
allocation  should  be  stable,  except  in  case  of  increase  in  competences,  planned  on  a 
multi-annual  basis,  and  allow  them  to  cover  costs  that  may  be  difficult  to  anticipate 
such  as  costs  linked  to  litigation.  To  ensure  that  equality  bodies  are  provided  with 
sufficient  resources,  their  budget  should  for  instance  not  suffer  cuts  that  are 
significantly  higher  than  the  average  cuts  to  other  public  entities;  similarly,  their 
annual  growth  should  at  least  be  pegged  to  the  average  growth  in  funding  to  other 
entities.  Resources  should  increase  proportionally  if  equality  bodies’  tasks  and 
mandate are expanded. 

(20)  Automated systems, including artificial intelligence, represent a useful tool to identify 
discrimination  patterns,  but  algorithmic discrimination  is  also  a risk.  Equality bodies 
should  therefore  have  access  to  qualified  staff  or  services,  able  to  use  automated 
systems for their work on the one hand and to assess them as regards their compliance 
with non-discrimination rules on the other hand. Particular attention should be devoted 
to equipping equality bodies with appropriate digital resources, be it directly or by way 
of subcontracting. 

(21)  Equality  bodies,  alongside  other  actors,  have  a  key  role  to  play  in  the  prevention  of 
discrimination  and  the  promotion  of  equality.  To  address  the  structural  aspects  of 
discrimination and to contribute to social change, they should promote equality duties, 
good practices, positive action and equality mainstreaming among public and private 
entities,  and  provide  them  with  relevant  training,  information,  advice,  guidance  and 
support. They should communicate with public and private entities and groups at risks 
of discrimination and engage in public debate in order to combat stereotypes and raise 
awareness  about  diversity  and  its  benefits,  a  key  pillar  of  the  Union’s  equality 
strategies.  

(22)  Beyond prevention, a central task of equality bodies is to provide assistance to victims 
of  discrimination.  This  assistance  should  always  include  the  provision  of  key 
information to complainants and a preliminary assessment of their complaint, based on 
the initial information gathered from the parties on a voluntary basis. Member States 
should be in  charge of defining the modalities under which the equality  body would 
issue  this  assessment,  such  as  the  timeframe  of  the  process  or  procedural  safeguards 
against repetitive or abusive complaints. 

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(23)  To  ensure  that  all  victims  are  able  to  complain,  it  should  be  possible  to  submit 
complaints in various ways. Member States should also pay due regard to Commission 
Recommendation 2018/951 under which submission of complaints should be possible 
in  a  language  of  the  complainant's  choosing  which  is  common  in  the  Member  State 
where  the  equality  body  is  located.  To  address  one  of  the  causes  of  underreporting, 
namely  fear  of  reprisals,  and  without  prejudice  to  Directive  (EU)  2019/1937  on  the 
protection  of  persons  who  report  breaches  of  Union  law17,  confidentiality  should  be 
offered to witnesses and whistle-blowers, and as far as possible, to complainants. 

(24)  To  offer  a  possibility  for  a  quick,  affordable,  out  of  court  resolution  of  disputes, 
Member  States  should  provide  for  the  possibility  for  parties  to  seek  an  amicable 
resolution to their disputes, by the equality body or another existing dedicated entity. 
They  should  define  the  modalities  of  the  amicable  settlement  process  according  to 
national law. 

(25)  Where  the  equality  bodies  suspect  a  possible  violation  of  the  principle  of  equal 
treatment 
laid  down  by  Directives  79/7/EEC,  2000/43/EC,  2000/78/EC  or 
2004/113/EC, they should be able to act further following a complaint or on their own 
initiative. 

(26)  Evidence is key in determining whether discrimination has taken place and it is often 
in  the  hands  of  the  alleged  perpetrator.  Equality  bodies  should  therefore  be  able  to 
access  the  necessary  information  to  establish  discrimination  and  cooperate  with  the 
relevant  public  services  –  such  as  labour  inspectorates  or  education  inspectorates. 
Member  States  should  establish  an  appropriate  framework  for  the  exercise  of  this 
competence, in accordance with national rules and procedures. 

(27)  On the basis of the evidence gathered, either voluntarily or through an investigation, 
equality  bodies  should  provide  their  assessment  to  the  complainant  and  the  alleged 
perpetrator.  Member  States  should  determine  the  legal  value  of  this  assessment  that 
can be a non-binding opinion or a binding enforceable decision. Both should state the 
reasons  for  the  assessment  and  include,  where  necessary,  measures  to  remedy  any 
breach  found  and  to  prevent  further  occurrences.  To  ensure  the  effectiveness  of 
equality  bodies’  work,  Member  States  should  adopt  appropriate  measures  for  the 
follow-up of opinions and the enforcement of decisions. 

(28)  To promote their work and  equality  law,  equality bodies should be able to  publish  a 

summary of their opinions and decisions without disclosing personal data.  

(29)  Equality  bodies  should  have  the  right  to  act  in  court  proceedings  in  civil  or 
administrative  law  matters  in  order  to  contribute  to  ensuring  the  respect  of  the 
principle  of  equal  treatment  laid  down  in  Directives  79/7/EEC,  2000/43/EC, 
2000/78/EC  and  2004/113/EC.  While  those  court  proceedings  should  be  subject  to 
national  procedural  law,  including  national  rules  on  admissibility  of  actions,  such 
rules, and in particular any condition of legitimate interest, cannot be applied in a way 
so as to undermine the effectiveness of the equality bodies’ right to act. The powers of 
investigation  and  decision-making  and  the  right  to  act  in  court  proceedings  given  to 
equality  bodies  by  this  Directive  will  facilitate  the  practical  implementation  of  the 
current  provisions  of  Directives  2000/43/EC,  2000/78/EC  and  2004/113/EC  on  the 
burden  of  proof  and  defence  of  rights.  Under  the  conditions  provided  for  in  this 
Directive,  equality  bodies  will  be  able  to  establish  facts  “from  which  it  may  be 

17 

Directive (EU) 2019/1937 of the European Parliament and  of the Council of 23 October 2019 on the 
protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17). 

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presumed that there has been direct  or indirect  discrimination”, thereby fulfilling the 
conditions provided for in Article 8 of Directive 2000/43/EC, Article 10 of Directive 
2000/78/EC  and  Article  9  of  Directive  2004/113/EC.  Their  support  will  therefore 
facilitate access to justice for victims. 

(30)  Legal  standing  allows  equality  bodies  to  act  on  behalf  or  in  support  of  victims, 
allowing  them  to  access  justice  where  procedural  and  financial  barriers  or  a  fear  of 
victimisation  often  deters  them.  Legal  standing  also  allows  equality  bodies  to 
strategically select  the cases they decide to  pursue in  front  of national  courts, and to 
contribute to the proper interpretation and application of equal treatment legislation.  

(31)  Some instances of discrimination are difficult to fight because there is no complainant 
pursuing the case themselves.  In its  judgment in  Case C-54/07  (Feryn)18,  which was 
brought  by  an  equality  body  in  its  own  name,  the  Court  of  Justice  confirmed  that 
discrimination  can  be  established  even  in  the  absence  of  an  identified  victim.  It  is 
therefore important that equality bodies can act in their own name, to defend the public 
interest.  

(32)  Equality bodies should also be able to submit oral or written statements to the courts - 
e.g. amicus curiae – as a lighter way to support cases with their expert opinion. 

(33)  Equality  bodies’  rights  to  act  in  court  must  respect  the  principles  of  fair  trial  and 
equality  of  arms.  Therefore,  except  where  the  equality  body  acts  as  a  party  in 
proceedings  on  the  enforcement  or  judicial  review  of  an  own  decision  or  acts  as 
amicus curiae, the equality body should not be allowed to submit in court proceedings 
evidence obtained through previous investigations of the same case which the alleged 
perpetrator or any third party was legally bound to provide. 

(34)  To ensure the respect of individual rights, Member States should frame the powers of 
equality  bodies  with  appropriate  procedural  safeguards,  ensuring  that  key  principles 
such as the right of defence, the right to judicial review and the right to confidentiality 
are appropriately protected. 

(35)  The provisions on the equality bodies’ right to act in court proceedings do not alter the 
rights of victims and of associations, organisations or other legal entities that enforce 
the  rights  of  victims  which  have,  in  accordance  with  the  criteria  laid  down  by  their 
national law, a legitimate interest in ensuring that Directives 2000/43/EC, 2000/78/EC 
and 2004/113/EC are complied with, as laid down in those Directives. 

(36)  The  effectiveness  of  equality  bodies’  work  also  depends  on  giving  groups  at  risk  of 
discrimination  full  access  to  their  services.  In  a  survey  conducted  by  the  European 
Union  Fundamental  Rights  Agency19,  71%  of  members  of  ethnic  or  immigrant 
minority groups reported to be unaware of any organisation offering support or advice 
to victims of discrimination. A key step to support this access is for Member States to 
ensure  that  people  know  their  rights  and  are  aware  of  the  existence  of  and  services 
offered by equality bodies. This is particularly important for disadvantaged groups and 
groups  whose  access  to  that  information  can  be  hindered,  for  example  by  their 
economic status, their disability, their literacy or their lack of access to online tools.  

(37)  Access to equality bodies’ services and publications on an equal basis for all should be 
guaranteed. For  that purpose, potential barriers to access to  equality bodies’ services 
should  be  identified  and  addressed.  Services  should  be  free  of  charge  for 

18 
19 

Judgment of 10 July 2008 in Feryn (C-54/07, ECLI:EU:C:2008:397). 
FRA EU-MIDIS II Survey.  

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complainants.  Member  States  should  also  make  sure  that  the  services  of  equality 
bodies  are  available  to  all  potential  victims  throughout  their  territory,  for  example 
through the establishment of local offices, including mobile ones, the organisation of 
local campaigns or cooperation with local delegates or civil society organisations. 

(38)  The Union and all Member States are parties to the UN Convention on the Rights of 
Persons  with  Disabilities20  (UNCRPD)  which  includes  the  obligation  to  prohibit 
discrimination  on the basis of disability  and to  guarantee to  persons with disabilities 
equal  and  effective  legal  protection  against  discrimination  on  all  grounds.    This 
Directive  should  be  interpreted  in  a  manner  consistent  with  the  UNCRPD.  To 
guarantee equal and effective legal protection and access for persons with disabilities 
to all services and activities of equality bodies, it is necessary to ensure accessibility, 
in  accordance  with  requirements  set  out  in  Directive  (EU)2019/882,  and  reasonable 
accommodation. Equality bodies should ensure physical and digital21 accessibility by 
preventing  and  removing  the  barriers  that  persons  with  disabilities  may  face  in 
accessing  their  services  and  information,  and  provide  reasonable  accommodation, 
taking  necessary  and  appropriate  modification  and  adjustments  where  needed  in  a 
particular case. 

(39)  Enabling equality bodies to regularly coordinate and cooperate at different levels, on a 
long-term  basis,  is  key  for  mutual  learning,  coherence  and  consistency,  and  it  may 
broaden the outreach and impact  of their  work.  Equality bodies should cooperate, in 
particular, with other equality bodies in the same Member State and in other Member 
States  –  including  in  the  framework  of  the  European  Network  of  Equality  Bodies 
(Equinet) – and with public and private entities at local, regional, national, Union and 
international level, such as civil society organisations, data protection authorities, trade 
unions,  labour  and  education  inspectorates,  law  enforcement  bodies,  agencies  with 
responsibility at national level for the defence of human rights, authorities managing 
Union  funds,  National  Roma  Contact  Points,  consumer  bodies,  and  national 
independent  mechanisms  for  the  promotion,  protection  and  monitoring  of  the 
UNCRPD.  Such  cooperation  should  not  involve  the  exchange  of  personal  data  (i.e. 
equality data in the form that individuals can be identified). 

(40)  Equality bodies cannot fully play their role as experts in equal treatment if they are not 
consulted  sufficiently  early  during  the  policymaking  process  on  matters  related  to 
rights  and  obligations  derived  from  Directives  79/7/EEC,  2000/43/EC,  2000/78/EC 
and  2004/113/EC.  Therefore,  Member  States  should  establish  transparent  procedures 
to ensure that consultation in a timely manner. They should also allow equality bodies 
to make recommendations and publish them.  

(41)  Equality  data  are  crucial  for  raising  awareness,  sensitising  people,  quantifying 
discrimination,  showing  trends  over  time,  proving  the  existence  of  discrimination, 
evaluating  the  implementation  of  equality  legislation,  demonstrating  the  need  for 
positive  action,  and  contributing  to  evidence-based  policymaking22.  Equality  bodies 

20 
21 

22 

OJ L 23, 27.1.2010, p. 37. 
See Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on 
the accessibility of the websites and mobile applications of public sector bodies (OJ  L 327, 2.12.2016 
p.1-15) and related Implementing Decision. 
Report from the Commission to the European Parliament and the Council on the application of Council 
Directive  2000/43/EC  implementing  the  principle  of  equal  treatment  between  persons  irrespective  of 
racial  or  ethnic  origin  (‘the  Racial  Equality  Directive’)  and  of  Council  Directive  2000/78/EC 
establishing a general framework for equal treatment in employment and occupation (‘the Employment 
Equality Directive’) SWD(2021) 63 final. 

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have  a  role  to  play  in  contributing  to  the  development  of  relevant  equality  data  for 
those  purposes,  for  example  by  organising  regular  roundtables  gathering  all  relevant 
entities. They should also collect and  analyse data on their own activities or conduct 
surveys and should be able to access and make use of statistical information collected 
by  other  public  or  private  entities  –  such  as  the  national  statistical  offices,  national 
courts, labour and education inspectorates, trade unions or civil society organisations - 
concerning 
they  are  entrusted  with  under  Directives  79/7/EEC, 
2000/43/EC,  2000/78/EC  and  2004/113/EC.  That  statistical  information  should  not 
contain any personal data.  

the  matters 

(42) 

In  addition  to  publishing  an  annual  report  on  their  activities,  equality  bodies  should 
regularly  publish  a  report  featuring  an  overall  assessment  of  the  situation  regarding 
discrimination  falling  under  their  mandate  in  the  Member  States.  That  report  should 
provide information  for public and private entities and serve as a guide to determine 
the equality bodies’ priorities for the future. Reports should not contain any personal 
data.  

(43)  To  determine  their  vision  for  the  future  and  identify  their  organisation's  goals  and 
objectives, equality bodies should adopt a multi-annual programme. This should allow 
them to ensure the coherence of their different strands of work over time and address 
systemic  issues  of  discrimination  falling  under  their  mandate  as  part  of  a  long-term 
action plan. 

(44) 

In  order  to  assess  the  effectiveness  of  this  Directive  it  is  necessary  to  establish  a 
mechanism  to  monitor  its  application  and,  in  addition  to  monitoring  compliance, 
assess  its  practical  effects.  The  Commission  should  be  in  charge  of  that  monitoring 
and regularly draw up an application report. In order to ensure uniform conditions for 
the implementation of Member States’ reporting obligations pursuant to Article 16(2) 
as  regards  the  practical  effects  of  this  Directive,  implementing  powers  should  be 
conferred on the Commission to establish a list of relevant indicators, on the basis of 
which data should be collected. This monitoring should not involve the processing of 
personal data.  

(45)  This Directive lays down minimum requirements,  thus giving the Member States the 
option of introducing or maintaining more favourable provisions. The implementation 
of this Directive should not serve to justify any regression in relation to the situation 
which already prevails in each Member State. 

(46)  This  Directive  builds  on  the  rules  laid  down  in  Directives  2000/43/EC  and 
2004/113/EC  by  introducing  strengthened  standards  for  the  functioning  of  equality 
bodies. Previous provisions on equality bodies in Article 13 of Directive 2000/43/EC 
and Article 12 of Directive 2004/113/EC should therefore be deleted. 

(47)  This  Directive  aims  at  ensuring  the  functioning  of  equality  bodies  according  to 
minimum  standards,  with  a  view  to  improving  their  effectiveness  and  guaranteeing 
their  independence,  to  strengthen  the  application  of  the  principle  of  equal  treatment. 
Since  the  objective  of  this  Directive  cannot  be  sufficiently  achieved  by  the  Member 
States  and  should  therefore  be  achieved  at  Union  level,  the  Union  may  adopt 
measures, in accordance with the principle of subsidiarity as set out in Article 5 of the 
Treaty on European Union. In accordance with the principle of proportionality as set 
out  in  that  Article,  this  Directive,  which  limits  itself  to  setting  minimum  standards, 
does not go beyond what is necessary to achieve that objective. 

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30 

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(48)  Any  processing  of  personal  data  by  equality  bodies  under  this  Directive  should  be 
carried out in full compliance with Regulation (EU) 2016/679. Member States should 
ensure  that  the  tasks  of  equality  bodies  are  clearly  laid  down  in  law,  in  accordance 
with  Article  6(1),  point  (e),  of  Regulation  (EU)  2016/679,  read  in  conjunction  with 
Article 6(2) and (3) of that Regulation.  Equality bodies should process personal data 
only  to  the  extent  necessary  to  fulfil  their  tasks  under  this  Directive  which  aims  to 
enforce  the  fundamental  rights  and  obligations  derived  from  Directives  79/7/EEC, 
2000/43/EC,  2000/78/EC  and  2004/113/EC.  Individuals  whose  personal  data  are 
processed  should  be  informed  about  their  rights  as  data  subjects,  including  the 
remedies available to them at national level. 

(49)  Where the fulfilment of the tasks of equality bodies requires the processing of special 
categories of personal data, namely data on racial or ethnic origin, religion or belief, 
disability  or  sexual  orientation,  Member  States  should  also  ensure  that  national  law 
respects  the  essence  of  the  right  to  data  protection  and  provides  for  suitable  and 
specific  measures  to  safeguard  the  fundamental  rights  and  the  interests  of  the  data 
subject, in accordance with Article 9(2), point (g), of Regulation (EU) 2016/679. Such 
safeguards  should  include  for  example  internal  policies  and  measures  to  ensure  data 
minimisation,  including  through  anonymisation  of  personal  data,  where  possible;  to 
apply  pseudonymisation  and  encryption  to  personal  data;  to  prevent  unauthorised 
access  and  transmission  of  personal  data;  and  to  ensure  that  personal  data  is  not 
processed longer than is necessary for the purposes for which they are processed.  

(50)  The  European  Data  Protection  Supervisor  was  consulted  in  accordance  with  Article 

42(1) of Regulation (EU) 2018/1725 and delivered an opinion on [date]. 

HAS ADOPTED THIS DIRECTIVE: 

Article 1 

Purpose, subject matter and scope 

1. 

2. 

This  Directive  lays  down  minimum  requirements  for  the  functioning  of  equality 
bodies  to  improve  their  effectiveness  and  guarantee  their  independence  in  order  to 
strengthen  the  application  of  the  principle  of  equal  treatment  as  derived  from 
Directives 79/7/EEC, 2000/43/EC, 2000/78/EC and 2004/113/EC.  

The obligations placed on Member States and the tasks of equality bodies under this 
Directive  shall  cover  the  rights  and  obligations  derived  from  Directives  79/7/EEC, 
2000/43/EC, 2000/78/EC and 2004/113/EC.  

Article 2 

Designation of equality bodies 

Member  States  shall  designate  one  or  more  bodies  (hereinafter  referred  to  as  ‘equality 
bodies’) to exercise the competences laid down in this Directive.  

Equality bodies may form part of agencies with responsibility at national level for the defence 
of human rights or the safeguarding of individuals' rights. 

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Article 3 

Independence 

Member  States  shall  take  measures  to  ensure  that  equality  bodies  are  independent 
and  free  from  external  influence  in  performing  their  tasks  and  exercising  their 
competences,  in  particular  as  regards  their  legal  structure,  accountability,  budget, 
staffing, and organisational matters.  

Member  States  shall  provide  for  transparent  rules  and  safeguards  concerning  the 
selection,  appointment,  revocation  and  potential  conflict  of  interest  of  the  staff  of 
equality  bodies,  in  particular  persons  holding  a  managerial  position,  in  order  to 
guarantee their competence and independence. 

Member States shall ensure that appropriate safeguards are in place, in particular in 
the  internal  structure  of  equality  bodies,  to  guarantee  the  independent  exercise  of 
their  competences,  notably  where  some  require  impartiality  and  others  focus  on 
support to victims.  

Member  States  shall  ensure  that  appropriate  safeguards  are  in  place  in  the  internal 
structure  of  multi-mandate  bodies  to  guarantee  the  autonomous  exercise  of  the 
equality mandate. 

Article 4 

Resources 

Member  States  shall  ensure  that  each  equality  body  is  provided  with  the  human, 
technical and financial resources necessary to perform all its tasks and to exercise all 
its competences effectively, on all the grounds and in all fields covered by Directives 
79/7/EEC,  2000/43/EC,  2000/78/EC  and  2004/113/EC  including  in  the  event  of 
increases  in  competences,  increases  in  complaints,  litigation  costs  and  the  use  of 
automated systems.  

Where equality bodies are part of a body in charge of several mandates, paragraph 1 
shall apply specifically to the equality mandate and its support staff and systems. 

1. 

2. 

3. 

4. 

1. 

2. 

Article 5 

Prevention, promotion and awareness raising 

Member States shall: 

(a) 

(b) 

adopt a strategy to raise awareness of the general population, throughout their 
territory,  with  particular  attention  to  individuals  and  groups  at  risk  of 
discrimination,  on 
the  rights  under  Directives  79/7/EEC,  2000/43/EC, 
2000/78/EC and 2004/113/EC and on the existence of equality bodies and their 
services; 

ensure  that  equality  bodies  engage  in  the  prevention  of  discrimination  and  in 
the promotion of equal treatment, and adopt a strategy defining how they will 
engage in public dialogue, communicate with individuals and groups at risk of 
discrimination,  provide  training  and  guidance,  and  promote  equality  duties, 
equality mainstreaming and positive action among public and private entities. 

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32 

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In  doing  so,  Member  States  and  equality  bodies  shall  take  into  consideration  the  most 
appropriate  communication  tools  and  formats  for  each  target  group.  They  shall  focus  in 
particular on disadvantaged groups whose access to information can be hindered, for example 
by their economic status, age, disability, literacy, nationality, residence status or their lack of 
access to online tools. 

Article 6 

Assistance to victims 

1. 

2. 

3. 

4. 

Member  States  shall  ensure  that  equality  bodies  are  able  to  provide  assistance  to 
victims as set out in paragraphs 2 to 4. 

Equality  bodies  shall  be  able  to  receive  complaints  of  discrimination,  orally,  in 
writing and online. 

Equality bodies shall provide assistance to victims, initially by informing them on the 
legal framework, including advice targeted to their specific situation, on the services 
offered by the equality body and related procedural aspects, as well as on available 
remedies, including the possibility to pursue a case in court.  

Equality bodies shall also inform  victims about  the confidentiality rules applicable, 
on the protection of personal data and on the possibilities to obtain psychological or 
other types of relevant support from other bodies or organisations.  

Equality  bodies  shall  issue  a  preliminary  assessment  of  a  complaint  based  on 
information  voluntarily  submitted  by  the  parties  involved.  Member  States  shall 
define  the  precise  modalities  under  which  the  equality  body  will  issue  such 
preliminary assessment.  

Equality  bodies  shall  inform  the  complainants  of  their  preliminary  assessment  and 
whether it will close their complaint or whether there are grounds to pursue it further, 
including via the procedures laid down in Articles 7, 8 and 9. 

Article 7 

Amicable settlements 

Equality bodies shall be able to offer the parties the possibility to seek an amicable resolution 
to their dispute. That process shall be subject to the agreement of the parties and may be led 
by the equality body itself or by another existing dedicated entity, in which case the equality 
body may formulate observations to that entity. Engaging in such a process shall not prevent 
the parties from exercising their right of access to court. 

Article 8 

Opinions and decisions 

1. 

Member  States  shall  ensure  that  where,  following  a  complaint  or  on  their  own 
initiative, equality bodies consider that the principle of equal treatment laid down in 
Directives  79/7/EEC,  2000/43/EC,  2000/78/EC  or  2004/113/EC  may  have  been 
breached, those bodies are empowered to further investigate the case.  

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33 

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2. 

Member States shall provide for a framework which enables equality bodies to carry 
out fact-finding.  

3. 

4. 

1. 

In  particular,  that  framework  shall  provide  equality  bodies  with  effective  rights  to 
access  information  which  is  necessary  to  establish  whether  discrimination  has 
occurred.  It  shall  also  provide  for  appropriate  mechanisms  for  equality  bodies  to 
cooperate with relevant public bodies for that purpose.  

Member States may  also  provide that  the  alleged  perpetrator and  any third party is 
legally  bound  to  provide  any  information  and  documents  requested  by  equality 
bodies. 

Member States shall ensure that equality bodies record in writing their assessment of 
the case, including establishing the facts and a reasoned conclusion on the existence 
of  discrimination.  Member  States  shall  determine  whether  this  is  to  be  done  by 
means of non-binding opinions or by means of binding enforceable decisions.  

Where appropriate, opinions and decisions shall include specific measures to remedy 
any breach found and to prevent further occurrences. Member States shall establish 
appropriate mechanisms for follow-up to opinions, such as feedback obligations, and 
for enforcement of decisions. 

Equality  bodies  shall  publish  summaries  of  their  opinions  and  decisions,  without 
disclosing personal data.  

Article 9 

Litigation 

Member  States  shall  ensure  that  equality  bodies  have  the  right  to  act  in  court 
proceedings in administrative and civil law matters relating to the implementation of 
the  principle  of  equal  treatment  laid  down  in  Directives  79/7/EEC,  2000/43/EC, 
2000/78/EC  and  2004/113/EC  in  accordance  with  paragraphs  2  to  5,  without 
prejudice to national rules on the admissibility of actions. 

2. 

The right to act in court proceedings shall include:  

(a) 

(b) 

(c) 

the  right  of  the  equality  body  to  act  as  a  party  in  proceedings  on  the 
enforcement or judicial review of a decision taken pursuant to Article 8(4); 

the  right  of  the  equality  body  to  submit  observations  to  the  court  as  amicus 
curiae; 

the right of the equality body to initiate or participate in proceedings on behalf 
or in support of one or several victims; in this case, the approval of the victims 
shall be necessary. 

Member States shall ensure that the equality body can initiate court proceedings in its 
own name, in particular in order to address structural and systematic discrimination 
in cases selected by the equality body because of their abundance, their seriousness 
or their need for legal clarification. 

Member States shall  ensure that,  except  in  cases referred to  in  paragraphs  2(a)  and 
(b),  the  equality  body  does  not  submit  in  court  proceedings  evidence  that  it  has 
obtained through the exercise of powers pursuant to Article 8(3). 

3. 

4. 

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5. 

Member States shall ensure that no investigations pursuant to Article 8(2) to (4) are 
initiated or continued while court proceedings on the same case are pending. 

Article 10 

Procedural safeguards 

Member  States  shall  ensure  that,  in  the  procedures  referred  to  in  Articles  6,  7,  8  and  9,  the 
rights  of  defence  of  natural  and  legal  persons  involved  are  duly  protected.  Member  States 
shall ensure that  equality  bodies  guarantee confidentiality of witnesses and whistle-blowers, 
and as far as possible, of complainants. 

Decisions  referred  to  in  Article  8(4)  shall  be  subject  to  judicial  review,  in  accordance  with 
national law.  

Article 11 

1. 

2. 

3. 

Access, accessibility and reasonable accommodation 

Member  States  shall  guarantee  access  to  equality  bodies’  services  and  publications 
on  an  equal  basis  for  all  and  ensure  that  there  are  no  barriers  to  submission  of 
complaints. 

Member States shall ensure that equality bodies provide all their services at no cost 
to complainants, throughout their territory, including in rural and remote areas.  

Member States shall ensure accessibility and provide reasonable accommodation for 
persons with disabilities to guarantee their equal access to all services and activities 
of  equality  bodies,  including  assistance  to  victims,  complaint  handling,  amicable 
settlement mechanisms, information and publications, and prevention, promotion and 
awareness-raising activities.  

Article 12 

Cooperation 

Member  States  shall  ensure  that  equality  bodies  have  appropriate  mechanisms  in  place  to 
cooperate, within their respective fields of competence, with other equality bodies within the 
same  Member  State,  and  with  relevant  public  and  private  entities,  including  civil  society 
organisations, at national, regional, local level as well as in other Member States and at Union 
and international level. 

Article 13 

Consultation 

Member  States  shall  put  in  place  transparent  procedures  to  ensure  that  the  government  and 
other  public 
legislation,  policy,  procedure, 
programmes,  and  practices  related  to  the  rights  and  obligations  derived  from  Directives 
79/7/EEC, 2000/43/EC, 2000/78/EC and 2004/113/EC, in a timely manner.  

institutions  consult  equality  bodies  on 

They  shall  ensure  that  equality  bodies  have  the  right  to  make  recommendations  on  those 
matters, to publish them and to require feedback from the authorities concerned. 

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Article 14 

Data collection and access to equality data 

1. 

Member States shall ensure that equality bodies collect data on their activities, with a 
view to producing the reports referred to in Article 15, points (b) and (c).  

The  data  collected  shall  be  disaggregated  by  grounds  and  fields  covered  by 
Directives 79/7/EEC, 2000/43/EC, 2000/78/EC and 2004/113/EC, and in accordance 
with  the  indicators  referred  to  in  Article  16.  The  personal  data  collected  shall  be 
anonymised and, where not possible, pseudonymised. 

Member  States  shall  ensure  that  equality  bodies  can  access  statistics  related  to  the 
rights  and  obligations  derived  from  Directives  79/7/EEC,  2000/43/EC,  2000/78/EC 
and 2004/113/EC collected by public and private entities including public authorities, 
trade  unions,  companies,  and  civil  society  organisations  where  they  deem  such 
statistics  necessary  to  make  an  overall  assessment  of  the  situation  regarding 
discrimination  in  the  Member  State,  and  for  drawing  up  the  report  referred  to  in 
Article 15, point (c).  

Member States shall allow equality bodies to make recommendations on which data 
is  to  be  collected  in  relation  to  the  rights  and  obligations  derived  from  Directives 
79/7/EEC, 2000/43/EC, 2000/78/EC and 2004/113/EC, to public and private entities 
including public authorities, trade unions, companies and civil society organisations. 
Member  States  shall  also  allow  equality  bodies  to  play  a  coordination  role  in  the 
collection of equality data.  

Member  States  shall  ensure  that  equality  bodies  may  conduct  independent  surveys 
concerning discrimination. 

2. 

3. 

4. 

Article 15 

Reports and strategic planning 

Member States shall ensure that equality bodies: 

(a) 

(b) 

(c) 

1. 

adopt a multi-annual programme setting out their priorities and prospective activities, 
including the strategy referred to in Article 5, point (b); 

produce  and  make  available  to  the  public  an  annual  activity  report,  including  their 
annual budget, staff and financial reporting;  

publish  a  report,  with  recommendations,  at  least  every  four  years,  on  the  state  of 
equal  treatment  and  discrimination,  including  potential  structural  issues,  in  their 
Member State. 

Article 16 

Monitoring 

The Commission shall, by means of an implementing act, establish a list of common 
indicators  to  measure  the  practical  effects  of  this  Directive.  When  preparing  the 
indicators,  the  Commission  may  seek  advice  from  the  European  Union Agency  for 
Fundamental Rights and the European Institute for Gender Equality. Those indicators 
shall  cover  the  resources,  independent  functioning,  activities  and  effectiveness  of 

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2. 

3. 

1. 

2. 

1. 

2. 

equality bodies, as well as evolutions in their mandate, powers or structure, ensuring 
the comparability, objectivity and reliability of the data collected at national level. 

By  [5  years  after  the  date  of  transposition],  and  every  5  years  thereafter,  Member 
States  shall  provide  the  Commission  with  all  relevant  information  regarding  the 
application of this  Directive, including  data on its practical  effects  collected on the 
basis  of  the  indicators  referred  to  in  paragraph  1  of  this  Article,  and  in  particular 
taking  into  account  the  reports  drawn  up  by  the  equality  bodies  under  Article  15, 
points (b) and (c).  

The  Commission  shall  draw  up  a  report  on  the  application  and  practical  effects  of 
this  Directive,  based  on  the  information  referred  to  in  paragraph  2  and  additional 
relevant  data  collected at  national  and  Union level, in  particular  from stakeholders, 
by the European Union  Agency for  Fundamental  Rights  and the European  Institute 
for Gender Equality.  

Article 17 

Minimum requirements  

Member States may introduce or maintain provisions which are more favourable than 
the minimum requirements laid down in this Directive.  

The  implementation  of  this  Directive  shall  under  no  circumstances  constitute 
grounds  for  a  reduction  in  the  level  of  protection  against  discrimination  already 
afforded by Member States in the matters covered by this Directive. 

Article 18 

Processing of personal data 

Member  States  shall  ensure  that  equality  bodies  may  collect  personal  data  only 
where necessary for the fulfilment of a task under this Directive.  

Member States shall ensure that when equality bodies process  special  categories of 
personal data, namely data on racial or ethnic origin, religion or belief, disability or 
sexual  orientation,  suitable  and  specific  measures  are  provided  to  safeguard  the 
fundamental rights and the interests of the data subject. 

Article 19 

Article 13 of Directive 2000/43/EC and Article 12 of Directive 2004/113/EC are deleted.  

References  to  the  bodies  for  the  promotion  of  equal  treatment  referred  to  in  those  Articles 
shall be construed as references to the equality bodies referred to in Article 2 of this Directive. 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to comply with this Directive by [18 months] at the latest. They 
shall immediately inform the Commission thereof. 

Article 20 

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When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

2. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

Article 21 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 19 shall apply from [date referred to in Article 20(1)]. 

This Directive is addressed to the Member States. 

Done at Brussels, 

Article 22 

For the Council 
The President 

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