While the Member States’ ambassadors to the European Union (Coreper I) were asked to confirm the Belgian Presidency’s compromise text on the equal treatment directive for a general approach at the next Employment and Social Policy Council (EPSCO) scheduled for 7 May 2024, an extension was requested on Friday 26 April.
Several Member States have expressed the need for more time to examine the various aspects of this dossier, which has been under discussion for almost 16 years and requires the unanimous agreement of the EU27.
On 2 July 2008, the European Commission proposed a directive to extend protection against discrimination on grounds of religion or belief, disability, age or sexual orientation to areas other than employment, including social protection, education and access to goods and services.
Following the entry into force of the Treaty of Lisbon on 1 December 2009, this proposal falls under Article 19 of the Treaty on the Functioning of the European Union (TFEU), which requires unanimity in the Council after approval by the European Parliament.
Despite the lengthy debate and repeated placing of the issue on the Council’s agenda, an agreement remains out of reach.
According to a preparatory document consulted by Agence Europe, the latest progress report submitted to the EPSCO Council on 12 June 2023 revealed broad support among delegations for this directive. However, some delegations expressed concerns about the perceived lack of legal certainty, the division of competences and respect for the principle of subsidiarity, as well as the potential financial impact of the proposal. A major reformulation project has been undertaken to address these concerns, in particular by clarifying the legal obligations and limiting the financial impact.
During the Belgian Presidency, three sets of amendments were proposed to address the concerns expressed. According to the same document, the main changes included clarifications on Member States’ obligations regarding reasonable accommodation for people with disabilities, the definition of Member States’ competences in the field of education, and the confirmation of Member States’ wide discretionary powers in the provision of services of general interest. In addition, adjustments have been made to address access to information and the protection of privacy, as well as the demographic issue of falling birth rates.
The conditions for differential treatment on the grounds of age or disability have been specified, and the provisions relating to differential treatment in financial services have been clarified. The transposition period has been reduced to three years, reflecting the time already elapsed since the initial proposal, while the reporting period has been extended to four years.
At the Coreper I meeting on 18 April, the majority of delegations supported the text, but some had already asked for more time to finalise their internal decision-making processes.
Although the dossier could be withdrawn from the agenda of the EPSCO Council on 7 May and postponed until 20 June, the objective of reaching a general approach under the Belgian Presidency would remain in force. (Original version in French by Nithya Paquiry)