Member States’ ambassadors to the European Union (Coreper I) will be asked to reach an agreement in principle (‘general approach’) on the proposal for a directive on equal treatment at their meeting on Friday 14 June. This stage would precede the discussion at the Employment, Social Policy, Health and Consumer Affairs Council (EPSCO) on Thursday 20 June.
However, according to several sources close to the dossier, this objective is once again in jeopardy due to opposition from several Member States, including Germany, Austria, the Czech Republic and Italy. Faced with this situation, the Belgian Presidency of the Council could change the agenda for the ministerial meeting, by simply providing a progress report on this dossier.
This decision would therefore call into question the Presidency’s ambition to reach a unanimous agreement in order to put an end to sixteen years of negotiations (see EUROPE 13406/8).
Initially proposed by the European Commission on 2 July 2008, this directive aims to extend protection against discrimination on the grounds of religion, belief, disability, age or sexual orientation beyond the field of employment. Its adoption requires the unanimous consent of the Council, after obtaining the consent of the European Parliament.
Under the Belgian Presidency, several meetings were devoted to this dossier, according to a document seen by Agence Europe, with significant rewriting proposals to meet Member States' concerns.
These changes include the distinction between the obligation to ensure reasonable accommodation and the obligation to ensure accessibility, making Member States’ obligations more comprehensible and achievable.
Member States’ responsibilities for education, including the setting of fees and age limits, have been more clearly defined to avoid confusion over respective responsibilities at EU and Member State level.
It has been clarified that differences in treatment resulting from regional or local variations in the provision of services do not constitute discrimination, thus recognising the diversity of local contexts.
The directive also allows Member States to take specific measures to respond to declining birth rates, for example by providing financial or housing support for families.
The conditions allowing differences in treatment based on age or disability, particularly in financial services, have been clarified with legitimate justifications and appropriate and necessary means.
The difficulty in reaching a consensus on this directive reflects a number of political and institutional tensions within the EU.
Concerns about respect for the principle of subsidiarity and the division of powers between the EU and the Member States are at the heart of the debates. The Member States want to ensure that their responsibilities for social protection, education and other public services remain intact and respected.
Concern about the potential costs of implementing the directive, particularly in terms of reasonable accommodation for people with disabilities, is a major obstacle. The Member States are concerned that the financial obligations are too onerous.
The progress report is expected to be discussed at the EPSCO Council. This approach would make it possible to keep discussions active while allowing more time for Member States to reach a consensus. (Original version in French by Nithya Paquiry)