Council Decision of
establishing a Community action programme to combat
discrimination (2001 to 2006)
(2000/750/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in
particular Article 13 thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament(1),
After consulting the Economic and Social Committee(2),
After consulting the Committee of the Regions(3),
Whereas:
(1) The European Union is founded on the principles of liberty, democracy,
respect for human rights and fundamental freedoms, and the rule of law,
principles which are common to all Member States. In accordance with Article
6(2) of the Treaty on European Union, the
(2) The European Parliament has strongly and repeatedly urged the European
Union to develop and strengthen its policy in the field of equal treatment and
equal opportunities across all grounds of discrimination.
(3) The European Union rejects theories which attempt to determine the
existence of separate human races. The use of the term "racial
origin" in this Decision does not imply an acceptance of such theories.
(4) In the implementation of the programme, the
Community will seek, in accordance with the Treaty, to eliminate inequalities
and promote equality between men and women, particularly because women are
often the victims of multiple discrimination.
(5) The different forms of discrimination cannot be ranked: all are equally
intolerable. The programme is intended both to
exchange existing good practice in the Member States and to develop new
practice and policy for combating discrimination, including multiple
discrimination. This Decision may help to put in place a comprehensive
strategy for combating all forms of discrimination on different grounds, a
strategy which should henceforward be developed in parallel.
(6) Experience of action at Community level, in particular in the field of
gender, has shown that combating discrimination in practice calls for a
combination of measures and in particular of legislation and of practical
action designed to be mutually reinforcing. Similar lessons can be drawn from
experience dealing with racial and ethnic origin and disability.
(7) The programme should deal with all grounds of
discrimination with the exception of sex, which is dealt with by specific
Community action. Discrimination on different grounds can have similar features
and can be combated in similar ways. Experience built up over many years in
combating discrimination on some grounds, including sex, can be used to the
benefit of other grounds. However, the specific features of the diverse forms
of discrimination should be accommodated. Therefore, the particular needs of
people with disabilities should be taken into account in terms of the
accessibility of activities and results.
(8) Access to the programme should be open to all
public and/or private bodies and institutions involved in the fight against
discrimination. In this connection account must be taken of the experience and
abilities of both local and national non-governmental organisations.
(9) Many non-governmental organisations at European
level have experience and expertise in fighting discrimination, as well as
acting at European level as the advocates of people who are exposed to
discrimination. They can therefore make an important contribution towards a better
understanding of the diverse forms and effects of discrimination and to
ensuring that the design, implementation and follow-up of the programme take account of the experience of people exposed
to discrimination. The Community has in the past provided core funding for
various organisations working in the area of
discrimination. The core funding of effective non-governmental organisations may be a valuable asset in combating
discrimination.
(10) The measures necessary for the implementation of this Decision should be
adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing powers conferred on the
Commission(4).
(11) It is necessary, in order to reinforce the added value of Community
action, that the Commission, in cooperation with the Member States, should
ensure, at all levels, the coherence and complementarity
of actions implemented in the framework of this Decision and other relevant
Community policies, instruments and actions, in particular those in the fields
of education and training and equal opportunities between men and women under
the European Social Fund and those to promote social inclusion. Consistency and
complementarity with the relevant activities of the
European Monitoring Centre on Racism and Xenophobia should also be ensured.
(12) The Agreement on the European Economic Area (EEA Agreement) provides for
greater cooperation in the social field between the European Community and its
(13) A financial reference amount, within the meaning of point 34 of the Interinstitutional Agreement of 6 May 1999 between the
European Parliament, the Council and the Commission(5) is included in this
Decision for the entire duration of the programme,
without thereby affecting the powers of the budgetary authority as they are
defined by the Treaty.
(14) The Commission and the
(15) It is appropriate that account should be taken of the need to provide
special assistance, where appropriate, to enable people to overcome the
obstacles to their participation in the programme.
(16) It is necessary for the success of any Community action to monitor and
evaluate the results set against the objectives.
(17) In accordance with the principle of subsidiarity
as defined in Article 5 of the Treaty, the objectives of the proposed action
concerning the contribution of the Community to combating discrimination cannot
be sufficiently achieved by the Member States because, inter alia, of the need for multilateral partnerships, the
transnational exchange of information and the Community-wide dissemination of
good practice. In accordance with the principle of proportionality as defined
in the said Article, this Decision does not go beyond what is necessary to
achieve those objectives,
HAS DECIDED AS FOLLOWS:
Article 1
Establishment of the programme
This Decision establishes a Community action programme,
hereinafter referred to as "the programme",
to promote measures to combat direct or indirect discrimination based on racial
or ethnic origin, religion or belief, disability, age or sexual orientation,
for the period from 1 January 2001 to 31 December 2006.
Article 2
Objectives
Within the limits of the Community's powers, the programme
shall support and supplement the efforts at Community level and in the Member
States to promote measures to prevent and combat discrimination whether based
on one or on multiple factors, taking account, where appropriate, of future
legislative developments. It shall have the following objectives:
(a) to improve the understanding of issues related to discrimination through
improved knowledge of this phenomenon and through evaluation of the
effectiveness of policies and practice;
(b) to develop the capacity to prevent and address discrimination effectively,
in particular by strengthening organisations' means
of action and through support for the exchange of information and good practice
and networking at European level, while taking into account the specific
characteristics of the different forms of discrimination;
(c) to promote and disseminate the values and practices underlying the fight
against discrimination, including through the use of awareness-raising
campaigns.
Article 3
Community actions
1. With a view to achieving the objectives set out in Article 2, the following
actions may be implemented within a transnational framework:
(a) analysis of factors related to discrimination, including through studies
and the development of qualitative and quantitative indicators and benchmarks,
in accordance with national law and practices, and the evaluation of
anti-discrimination legislation and practice, with a view to assessing its
effectiveness and impact, with effective dissemination of the results;
(b) transnational cooperation and the promotion of networking at European level
between partners active in the prevention of, and the fight against,
discrimination, including non-governmental organisations;
(c) awareness-raising, in particular to emphasise the
European dimension of the fight against discrimination and to publicise the results of the programme,
in particular through communications, publications, campaigns and events.
2. Arrangements for the implementation of the Community actions described in
paragraph 1 are set out in the Annex.
Article 4
Implementation of the programme and cooperation with
the Member States
1. The Commission shall:
(a) ensure the implementation of the Community actions covered by the programme in conformity with the Annex;
(b) have a regular exchange of views with representatives of non-governmental organisations and the social partners at European level on
the design, implementation and follow-up of the programme
and on related policy orientations. To that end the Commission shall make the
relevant information available to the non-governmental organisations
and the social partners. The Commission shall inform the committee established
under Article 6 of their exchange of views.
2. The Commission, in cooperation with the Member States, shall take the
necessary steps to:
(a) promote the involvement in the programme of all
the parties concerned, including non-governmental organisations
of all sizes;
(b) promote active partnership and dialogue between all the partners involved
in the programme, inter alia
to encourage an integrated and coordinated approach to the fight against
discrimination;
(c) ensure the dissemination of the results of the actions undertaken within
the framework of the programme;
(d) provide accessible information and appropriate publicity and follow-up with
regard to actions supported by the programme.
Article 5
Implementing measures
1. The measures necessary for the implementation of this Decision relating to
the matters referred to below shall be adopted in accordance with the
management procedure referred to in Article 6(2):
(a) the general guidelines for the implementation of the programme;
(b) the annual plan of work for the implementation of the programme's
actions, including the possibility of adapting or supplementing the programme themes;
(c) the financial support to be supplied by the Community;
(d) the annual budget and the breakdown of the funds among different actions of
the programme;
(e) the arrangements for selecting actions and organisations
for Community support and the draft list of actions and organisations
submitted by the Commission for such support;
(f) the criteria for monitoring and evaluating the programme
and, in particular, its cost-effectiveness and the arrangements for
disseminating and transferring the results.
2. The measures necessary for the implementation of this Decision relating to
all other matters shall be adopted in accordance with the advisory procedure
referred to in Article 6(3).
Article 6
Committee
1. The Commission shall be assisted by a committee.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision
1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at
two months.
3. Where reference is made to this paragraph, Articles 3 and 7 of Decision
1999/468/EC shall apply.
4. The committee shall adopt its rules of procedure.
Article 7
Cooperation with other committees
To ensure the consistency and complementarity
of the programme with other measures referred to in
Article 8, the Commission shall keep the Committee regularly informed of other Community
action contributing to the fight against discrimination. Where appropriate, the
Commission shall establish regular and structured cooperation between this
Committee and the monitoring committees established for other relevant
policies, instruments and actions.
Article 8
Consistency and complementarity
1. The Commission shall, in cooperation with the Member States, ensure
overall consistency with other Union and Community policies, instruments and
actions, in particular by establishing appropriate mechanisms to coordinate the
activities of the programme with relevant activities
relating to research, employment, equality between women and men, social
inclusion, culture, education, training and youth policy and in the field of
the Community's external relations.
2. The Commission and the
3. Member States shall make all possible efforts to ensure consistency and complementarity between activities under the programme and those carried out at national, regional and
local levels.
Article 9
Participation of the EFTA/EEA countries, the associated countries of Central
and Eastern Europe, Cyprus, Malta and Turkey
The programme shall be open to the participation of:
(a) the EFTA/EEA countries in accordance with the conditions established in the
EEA Agreement;
(b) the candidate countries of central and eastern Europe (CCEE) in accordance
with the conditions established in the Europe Agreements, in their additional
protocols and in the decisions of the respective Association Councils;
(c) Cyprus, Malta and Turkey, funded by additional appropriations in accordance
with procedures to be agreed with these countries;
Article 10
Funding
1. The financial reference amount for the implementation of the programme for the period 2001 to 2006 is hereby set at EUR
98,4 million.
2. The annual appropriations shall be authorised by
the budgetary authority within the limits of the financial perspective.
Article 11
Monitoring and evaluation
1. The Commission shall regularly monitor the programme
in cooperation with the Member States, in accordance with the procedures set
out in Article 6(2) or 6(3).
2. The programme shall be evaluated by the Commission
with the assistance of independent experts. This evaluation shall assess the
relevance, the effectiveness and the cost/effectiveness ratios of actions implemented
with regard to the objectives referred to in Article 2. It shall also examine
the impact of the programme as a whole.
The evaluation will also examine the complementarity
between action under the programme and that pursued
under other relevant Community policies, instruments and actions.
3. The Commission shall submit to the European Parliament, the Council, the
Economic and Social Committee and the Committee of the Regions an evaluation report on the implementation of the programme by
Article 12
Entry into force
This Decision shall enter into force on the date of its publication in the
Official Journal of the European Communities.
Done at
For the Council
The President
É. Guigou
(1) Opinion delivered 5.10.2000 (Not yet published in the Official Journal).
(2) OJ C 204, 18.7.2000, p. 82.
(3) OJ C 226, 8.8.2000, p. 1.
(4) OJ L 184, 17.7.1999, p. 23.
(5) OJ C 172, 18.6.1999, p. 1.
ANNEX
INDICATIONS FOR THE IMPLEMENTATION OF THE PROGRAMME
I. Areas of action
The programme may operate in the following areas,
within the limits of the powers conferred by the Treaty upon the Community:
(a) non-discrimination within and by public administrations;
(b) non-discrimination within and by the media;
(c) equal participation in political, economic and social decision-making;
(d) equal access to, and supply of, goods and services which are available to
the public, including housing, transport, culture, leisure and sport;
(e) effective monitoring of discrimination, including multiple discrimination;
(f) effective dissemination of information about rights to equal treatment and
non-discrimination;
(g) the mainstreaming of anti-discriminatory policies and practices.
In all its activities, the programme will respect the
principle of gender mainstreaming.
In carrying out the programme, the Commission may,
for the mutual benefit of the Commission and of the beneficiaries, have
recourse to technical and/or administrative assistance in the identification,
preparation, management, monitoring, audit and control of the programme or projects.
The Commission may also carry out studies, organise
meetings of experts, conduct information campaigns and launch publications
directly related to the objective of this programme.
II. Access to the programme
Under the conditions and arrangements for implementation specified in this
Annex, access to this programme shall be open to
public and/or private bodies and institutions involved in the fight against
discrimination, in particular:
(a) Member States;
(b) local and regional authorities;
(c) bodies for the promotion of equal treatment;
(d) social partners;
(e) non-governmental organisations;
(f) universities and research institutes;
(g) national statistical offices;
(h) the media.
III. Actions
Strand 1 - Analysis and evaluation
The following measures may be supported:
1. the development and dissemination of comparable statistical series on the
scale of discrimination in the Community in accordance with national law and
practices;
2. the development and dissemination of methodologies and indicators for
evaluating the effectiveness of anti-discrimination policy and practice
(benchmarking) in accordance with national law and practices;
3. the analysis, by means of annual reports, of anti-discrimination
legislation and practice, with a view to evaluating its effectiveness and
disseminating lessons learned;
4. thematic studies within the framework of the
priority themes comparing and contrasting approaches within and across the
different grounds of discrimination.
In implementing this
The following measures may be supported in order to improve the capacity and
effectiveness of target actors involved in combating discrimination in the
fields covered by this programme:
1. Transnational exchange actions involving a range of actors from at least
three Member States, consisting of the transfer of information, lessons learned
and good practice. Activities may include a comparison of the effectiveness of
processes, methods and tools related to the chosen themes, the mutual transfer
and application of good practice, exchanges of personnel, the joint development
of products, processes, strategy and methodology, the adaptation to different
contexts of the methods, tools and processes identified as good practices
and/or the common dissemination of results, visibility materials and events. The process of selecting applications for funding under the programme will take account of the diverse nature of
discrimination;
2. Core funding for relevant European-level non-governmental organisations with experience of fighting discrimination
and acting as advocates of people exposed to discrimination in order to promote
the development of an integrated and coordinated approach to the fight against
discrimination.
Core funding will be capped at 90 % of the expenditure eligible for support.
The procedures for selecting such organisations may
take account of the diverse and heterogeneous nature of the groups facing
discrimination.
Strand 3 - Awareness-raising
The following measures may be supported:
1. the organisation of conferences, seminars and
events at European level;
2. the organisation of seminars by the Member States
in support of the implementation of Community law in the field of
non-discrimination, and the promotion of a European dimension to events organised at national level;
3. the organisation of European media campaigns and
events to support the transnational exchange of information and the
identification and dissemination of good practice, including the award of
prizes to successful actions under Strand 2, to strengthen the visibility of
the fight against discrimination;
4. the publication of materials to disseminate the results of the programme, including through the construction of an
Internet Site providing examples of good practice, a forum for the exchange of
ideas and a database of potential partners for transnational exchange actions.
IV. Method of presenting applications for support